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HomeMy WebLinkAbout2013 LawsuitsCIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: BOKASSA, JERRY Docket No 13 00104 State IOWA vs. Court No CVCV074491 County JOHNSON DEFENDANT: IOWA CITY TRANSIT Ref No Received 01/08/2013 Requestor(s) Phone BOKASSA, JERRY (213) 840-2960 PO BOX 1905, IOWA CITY, IA 52244 Name I IOWA CITY TRANSIT Zone Party Type IDEFENDANT Phone Fax 0 Address C/O MARIAN KARR 410 E WASHINGTON ST IOWA CITY IA E -Mail Employer ( Comments PLAINTIFF REC MNI Information Race Birth Date Height Eyes Notes ry Documents Document Serve by Date OE PSR Description / Special Instructions PETITION ❑ ❑ Service Information Date Time Type _ Party ), j l r -C— ","-h � Relationship Race Sex DOB Location Miles Fee Officer Attempts Log Date Time Notes. Server Notes Date Time Server Notes Printed: Tuesday, January 08, 2013 Johnson County Sheriffs Office Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Jerry Bokassa-Per-Se P.O.Box 1905 Iowa City,Iowa.52244 213-840-.2960 (cell) Jerry Bokassa, Plaintiff, vs. Iowa City Transit, et al Bus Driver-SOSA #57 Defendant _v ..l" a .-y Case No. �•M" Y7L(L(gr \' "PETITION OF LAW" Rules of Civil Procedure 1,402,1,403,1,411 and 1,412 i INTRODUCTION This a claim for money describe in pleading set forth that occurred on this date Vti1A.tti FACTUAL ALLEGATIONS I I. On or about this date Drivers of the Iowa city transit had told me That thay were suppose to see if they could get me to call the office to talk to Supervisors or officials. BUT I REFUSED. Bus driver SOSA took it to mean by force. Where none of the other white drivers wanted to do. 2.Bus driver SOSA detain me by refusing to let me off the bus for about 20 or so mint. This was.due to some of authority to do from his supervisors. 1 3.During this time he reached under his shirt like he had a weapon,like he was in the 2 SLUMS of Los ANGELE' S. I was afraid because of the times I was rob in California. CLAIMS FOR RELIEF. 1. FALSE IMPRISONMENT 2. INTIMIDATION. WHEREFORE ,COMPENSATORY DAMAGES JURY TRIAL REQUESTED. PLUS PUNITIVE DAMAGES OF $450.000.00, 4- FOUR HUNDRED AND FIFTY-THIUSAND DOLLARS TOTAL. C. M, —7aP-S X' k` R •�ygG 99 � �9 R N� iii13 J,13 -8 AN 11: 21 2013 JAN -9 A" 10: 02 N N joIjFISON CGu! TY. IOWA O N N In H N rl H til,' CITYC Ci:k1 W U ul n Tq m In U1 O o H 0 tp 0 v� M Ol H .-1 ? a\ N I m O N W 0 o -H 0 U I O � C ?iW H N m I xp sa O N 3 O M � cn H N Cn Cn N ter{ ♦ I b r1 rl C ro ri rl rl r -I .-I N ro ro ca N N N N N w H N N N f"1 Ih (1 a w 0 r u m m 1 N ♦ r1 rl rl �-1 ri rl rl r -I .-I rl N N N N N N N N N N f"1 Ih (1 1h CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540-(319) 356-6030 PLAINTIFF: BOKASSA, JERRY vs. DEFENDANT: IOWA CITY TRANSIT Requestor(s) Phone BOKASSA, JERRY (213) 840-2960 PO BOX 1905, IOWA CITY, IA 52244 Docket No 13-05831 State IOWA Court No CVCV074491 County JOHNSON Ref No Received 12/06/2013 Name Party Type Address E -Mail Employer Comments IOWA CITY TRANSIT Zone DEFENDANT Phone Fax IMARIAN KARR 410 E WASHINGTON ST IOWA CITY IA 52240- MNI Information Race Sex Birth Date Age Hair Height Weight SSN Eyes Skin DL No Notes Documents Document Serve by Date OE PSR Description ! Special Instructions IN FORMA PAUPERIS ❑ ❑ NOTICE ❑ ❑ Service Information Date "' Time Type Party Relationship Race Sex DOB Location Miles Fee Officer Attempts Log N Date Time Server Notes Date Time Server NoteF_ Notes: C c,. L It Printed: Friday, December 06, 2013 Johnson County Sheriffs Office Page 1 of 1 rr+u' G INL 7 / 7 // (on 5 eForm /Jotice of Appeal �, In the Iowa'O!% dL[ O'P ru County G PlaintiffVe— r day ^' / I ioticE of Appeal ( .] (Name) :: ` No. ��.�`V / C (Name) VO 7 4Y lYe? t � vs. Defends t(s) vs. �z < l y ) / QTS " ~}. 1 1 ONe) appeal to the c. the judgment entered on the y day of y MF 2. 1 (VVe) am .(are) appealing -this. decision -because: 7 g— c L I]By checking this box, I (we) request an ora hearing. If my (our) request is granted, I (we) will receive notice of hearing time and date. Note: The appealing party(ies) must electronically file this original Notice of Appeal using the 4 Iowa Judicial Branch Electronic Document Management System (EDMS) at https,//www,iowacourlts.s'Late.je.us/EFile, unless exempted from electronic filing requirements by the court. EDMS will serve a copy of this Notice of Appeal on the other party(ies) or on the attorney(s) for the other party(ies). The Notice of Electronic Filing will indicate if the other party(; are a m� pt from _ electronic fling, and if the appealing party(ies) must mail a copy of this Notice of App 8 th , her party(ies). 2F. -.4 ' LpeaImgP%Att �_ rho � S� lSl ,linglfneY ' Second Appealing'Party, if applicable Law firp, or entIty f br which filing is made, if applicable Law firm, or entity for which fling is made,' cab v w M cling addrr j�s (� O /' --�� C'uC f 1 Mailing address r - Telephone number —rr� Telephone number � c 2 G c) SCI .�P 6 Email address Email address Additional email address, if applicable Abditional email address, if applicable `�- END OF CASE FILE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JERRY BOKASSA-PER-SE P.O.BOX 1905 IOWA CITY,IOWA.52244 (213-840-2960) IN THE DISTRICT COURT IN AND FOR JOHNSON COUNTY JERRY BOKASSA , Plaintiff vs Iowa City Transit 6 city of Iowa City Bus #57, Driver-Sosa.), Defendant Case No.: No. ICVCVO74491 C) (EXPEDITE DEFAULT JUDGEMENT Ste. v OF $500,000.00. for failure to y G, Comply.]Demand for judgement 10 %" Rule 1.403(1) y Li G' e� O C-1 �C v� Request for immediate payment of $500,000,00 -Five hundred -thousand dollars Immediately because of default judgement. Notification of June 19,2013 or about. I am now Homeless and need of Funds.A prayer for relief in all elements of damages Named. c c'. L. W . July 10 Jerry BOKASSA,Pre-se P.O.Box 1905 Iowa City,Iowa.52244 (213-840-2960) (Pleading (Pleading title summary] - 1 The Center IOW< COYMOHNSON COUNTY SENIOR CENTEN 28 S LINN STREET IOWA CITY, IOWA 52240-3920 r 3� 01.� I L v V Y1 a� 441:*.IS,S'S9 I / I � I rlirh1r)hlip)rl r err r m Ir r'i illlrrrr CIVIL PROCESS WORKSHEET ' JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: BOKASSA, JERRY Docket No 13-02954 State IOWA vs. Court No CVCV074491 County JOHNSON DEFENDANT: IOWA CITY TRANSIS BUS SYST Ref No Received 06/18/2013 Requestor(s) Phone NOTICE OF INTENT TO FILE WRITTEN APP FOR DEFAULT BOKASSA, JERRY (213) 840-2960 PO BOX 1905, IOWA CITY, IA 52244 Name JKARR, MARIAN Zone Party Type Address E -Mail Employer Comments MNI Information Race Ur Birth Date Height Eyes Ur Notes - - - - - -- -- - — -- - - -- -- -- - - ---- Documents Document Serve by Date OE PSR Description / Special Instructions NOTICE Ll Service Information Date Time Party Race Sex DOB Miles Fee Officer Attempts Log Date Time Notes: Server Notes Type Relationship Location Date Time Server Notes Printed: Tuesday, June 18, 2013 Johnson County Sheriffs Office Page 1 of 1 FORMS 1.1901 -Form 10 1 -Form 10. Form of Notice of Intent to File Written Application for Default IN THE IOWA DISTRICT COURT FOR COUNTY Plaintiif(s), E Y r 50 (Gn S No. 0 4 Cv, ay{ ^ ' ' / _ NOTICE OF INTENT C V � V vs. u TO FILE WRITTEN io O' A �� a4z ; (� TO FOR DEFAULT Defendant(s) So 0: (defendant) ATE OF NOTICE: (date of mailing) IYi IPORTANT NOTICE cc YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE AC -c ION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN y? iAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL ;E ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE OUR PROPERTY OR C ER ORTANTj RIGHTS. YOU SHOULD SEEK EGAL ADVICE AT ON Y 4 2 (^S- ?S 1-t,6 - (Phone Number) n Form 9 and amended Nov. 9, 2001, eff. Feb. 15, 2002. ca: CrYL CA r•vanc-p-, END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356.6030 PLAINTIFF: BOKASSA, JERRY vs. DEFENDANT: IOWA CITY POLICE DEPT; OFFICE Requestor(s) Phone BOKASSA, JERRY (213) 840-2960 1205 LAURA DR #147, IOWA CITY, IA 52244 Docket No 13-02529 State IOWA Court No LACV075141 County JOHNSON Ref No Received 05/28/2013 AMMENDED OPPOSITION AND REQUEST FOR DISMISSAL Name JKARR, MARIAN Zone Party Type JOTHER Phone Fax Address 410 E WASHINGTON ST IOWA CITY IA 52240- E -Mail Employer Comments MINI Information Race Unknown Sex Unknown Birth Date Age Hair Unknown or Completely Ba Height Weight SSN Eyes Unknown Skin Notes Documents Document Serve by Date OE PSR Description / Special Instructions OTHER ❑ ❑ Service Information Date Time Type Party Relationship Race Sex DOB Location Miles Fee Officer Attempts Log Date Time Server Notes Date Time Server Notes -3 t1 1Gfs 5,7--(q �edtw-i Notes: Printed: Tuesday, May 28, 2013 Johnson County Sheriffs Office Page 1 of 1 1 I , 1 2 3 4 5 6 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JERRY BOKASSA-PER-SE P O BOX 1905 IOWA CITY,IOWA.52244 Y013 MAY 28 Phi 2 6 (213 -840 -2960 -cell) JUF JOHNSON COUNTY. 10 A IN THE DISTRICT COURT IN AND FOR JOHNSON COUNTY JERRY BOKASSA. Plaintiff, VS. IOWA CITY POLICE DEPT,OFFICER GREG HUMRICHOUSE,MARY PALMBERG,TAMMARA MESSTER,LAURIE MAGARACI,MIRANDA LOLLA.DEFENDANT,JOB SITE BAR. Case No.: LACV075141 NEW AMENDED OPPOSTION FOR REQUEST FOR DISMISSAL. MODEL PENAL CODE;2.06.COMPLICITY. UNWRITTEN RULE OF NEPOTISM IN IOWA CITY POLICE DEPARTMENT. I have been inform by other in Iowa city that the reason that Miranada Lolla,Jolla. Has two relative's on the Iowa city Police dept,and the Johnson county Sheriffs . Sister And brother. This allow her and Laurie and Tammara to set me up with the BOGUS assault in Which thay Plotted with the police to have me arrested.The Iowa city Police had full Knowleged of Miranada's METH use as did many others in the Drug community in Iowa city. [PLEADING TITLE) - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 It was part of the drug's found after her arrest for the Murder at the JOB SITE BAR. This is why the city attor ney's will not appeal there $4.5 million dollar loss. 1 believe that $2.million more dollars should be add to the punitive damage's for there BLATANT VIOLATION of my Constitional Rights. Ths applie's to Mary Palmberg also and she should be removed from the Free -Lunch Program as director,A.S.A.P. Dated this [day] of May 28,2013 [ N S dor Ott (60, &.0 Bo R ja j�� �C.lkNf�k�F [PLEADING TITLE] - 2 IOWA CITY,IOWA.52244 CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: BOKASSA, JERRY vs. DEFENDANT: ZIMMERMAN, RICK DEFENDANT: KARR, MARIAN DEFENDANT: HAYEK,MATTHEW J Requestor(s) Phone BOKASSA, JERRY (213) 840-2960 PO BOX 1905, IOWA CITY, IA 52244 Name IKARR, MARIAN Party Type DEFENDANT Address 410 E WASHINC E -Mail Employer Comments MNI Information Race Birth Date Height Eyes Notes Docket No 13-02047 State jibm Court No LACV075141 County JOHNSON Ref No Received 05/01/2013 Zone Phone Fax 1 Documents Document Serve by Date OE PSR Description / Special Instructions OTHER I ❑ ❑ Service Information I ` O ,t t- R PVT - Date Time Type PartyftrIroY1 I(-Qfv,- Race Vy Sex DOB C Miles 1 Fee Officer Attempts Log Date Time Server Notes: Relationship C -�-t� C 1 `jQ�1r,I` Location L� 0 l ' 1it� k : 11 I' f Notes Date Time Server Notes Printed: Wednesday, May 01, 2013 Johnson County Sheriffs Office Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JERRY BOKASSA-PRO-SE P.O.BOX 1905 IOWA CITY,IOWA.52244 (213-840-2960) 11JERRY BOKASSA. C 4c� IN THE DISTRICT COURT IN AND FOR JOHNSON COUNTY Plaintiff, [COURT NAME] VS. IOWA CITYPOLICE DEPT,OFFICER GREG HUM RICHOUSE,MARY PALBERG,TAMMARA MESSTER,LAURIE MAGARACI,MIRANDA CJOLLA, JOB SITE BAR. Defendant Case No.: LACV075141 Misconduct Rule 32:8.4 Racist Remarks `C..: U M S=, ___ Z! .T. C) � x n2 IW CDL., ka C= - =x OC' O_ CD As previously file I my case to be expedited so to bring to trial Or ruling that all defendants should pay the requested amount of $4.5 million dollars plus an extra $2.million dollars in punitive damages For the attonerys involved in racist behavior toward me.This stuff Shows the underhanded,underlaying feelings by the Iowa City Police Dept. To much watching the show "LAW AND ORDER" and the old cowboy mentally Of guilty until proven innocent.ie:John wayne. I know_1owa.has a history of the Under -Ground railroad that ran through I9wa C]..t_y.But I don't think this K.K.K or VIGLANTY thinking was part of it. Iwant them :all Dis Bar A.S.A.P. They should be ashame taken advantage of a Poorly bducated person, and senior citizen. [Pleading Title] - 1 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (213-840-2960)cell 30,2013 JERRI BOKASSA_PRO_SE P.O. ox 1905 Iowa City,Iowa.52244 c [Pleading Title] - 2 J CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: BOKASSA, JERRY V& DEFENDANT: CITY OF IOWA CITY DEFENDANT: ZIMMERMAN, RICHARD Requestor(s) Phone BOKASSA, JERRY (213) 840-2960 PO BOX 1905, IOWA CITY, IA 52244 Name ICITY OF IOWA Party Type DEFENDANT Address MARIAN KARR 410 E WASHIN' IOWA CITY E -Mail Employer Comments MNI Information Race Birth Date Height Eyes Notes Docket No 13-01727 State I IOWA Court No LACV075141 County JOHNSON Ref No Received 04/11/2013 Zone Phone 0 Fax Documents Document Serve by Date OE PSR Description / Special Instructions OTHER ❑ ❑ Service Information -y Date _1A \\ - - I I Time Type Party + In AQP\, 10V,.A Relationship Cr ` iy C 1'QV/ (C— Race �%'`� Sex �_ DOB Location t"�S�Irr(!�q'�'CG1 5rt Miles �_ Fee Officer Attempts Log Date Time Notes: Server Notes Date Time Server Notes Printed: Thursday, April 11, 2013 Johnson County Sheriffs Office Page 1 of 1 JERRY BOKASSA 1 P.O.Box 1905 Iowa City,Iowa.52244 2 213-890-2960 fR 4 5 ) Case No.: No.LACV075141 JERRY BOKASSA), ) 6 ) [NEW FOUND EVIDENCE OF Plaintiff, ) RACIST TACTICS.BY 7 ) DEFENDENTS LAWYERS.] Vs. ) 8 ) IOWA CITY POLICE DEPARTMENT,POLICE ) �' C,r- �+ 9 ) om o OFFICER GREG HUMRICHOUSE, MARY PALMBERG, ) Vx b 10 TAMMARA MEESTER,LAURIE MAGARACI, MIRANDA, 2 r� . _ 1 p 1U O AND JOB SITE BAR. Z -� 12 In = Defendant 13 �C O 19 I was told by Mary Palmbergs attorney by phone that during and before the 15 Hearing on March 11,2013 the other Lawyers were making Racist Remarks about - 16 Me.This is further proof of racism with -in the legal system in Iowa City and 17 Else whexe.My legal aid did every thing he could to get me to plead guilty to 18 My first false arrest by the Iowa City Police on Sept 23,2012.Telling me 19 It would be expunged in Six months.I let him know it when i saw him at a later date. 20 This is further proof that We Blacks are getting a Raw deal in Legal system 21 In Iowa legal proceedings. I will FAX this Att. Gen.Eric at 202-307-67777. 22 TODAY. April 10,2013 and ask for HELP .And to contact merry palmbergs A.S.A.P. 23 P.P.S. this also why I could not get a Black Lawyer to do my case, FEAR of racism 24 25 And Backlash. 4; 26 -. i Jury Trial requested - _ 27 Cc : G� = z e [Pleading title summary] - 1 ii, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated this 2$` da of Ma 008 JERRY B CASSA<PRO_SE P.O.Box 1905 Iowa City,Iowa.52244 213 -840 -2960 -cell [Pleading title summary] - 2 CIVIL PROCESS WORKSHEET r JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540-(319)356-6030 PLAINTIFF: BOKASSA, JERRY Docket No 13-00345 State IOWA vs. Court No LACV075141 County JOHNSON DEFENDANT: CITY OF IOWA CITY Ref No Received 01/22/2013 Requestor(s) Phone BOKASSA, JERRY (213) 840-2960 PO BOX 1905, IOWA CITY, IA 52244 Name ICITY OF IOWA CITY I Zone Party Type I DEFENDANT Phone Fax Address MARIAN KARR E -Mail Employer Comments MINI Information Racer Birth Date I Height Eyes Notes Documents Document Serve by Date OE PSR Description / Special Instructions OTHER ri ❑ Service Information Date _ 3 Time `` U Party Race `�Z Sex �_ DOB Miles \ Fee Officer Attempts Log Date Time Notes: Server Notes Type C t twYl`/' 0 V I Relationship Location (�, t �GJ.�i(7rlllrJl' Date Time Server Notes N c.> Printed: Tuesday, January 22, 2013 Johnson County Sheriffs Office - Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2Y 28 Jerry Bokassa. Pro -Se P.O.Box 1905 Iowa city,Ia.52244 (213-840-2960 cell) c ) xy v Xr Jerry Bokassa- Pro -Se CO a� ,C- IN THE DISTRICT COURT IN AND FOR JOHNSON COUNT 9 Jerry Bokassa Plaintiff, Vs. Iowa City Police Dept., I. c. Police Officer Greg Humrichouse,Mary Palmberg, Tammara Meester, Laurie magaraci,Miranda Lalla,&Job Site Bar. Defendants G• M, I upSL4i�, oti\ Case No.: LACV NO.075141 Ammendment to complaint&And Answer to motion to dismiss. "PETITION OF LAW" Rules of Civil Procedure 1.402,1.403,1.411 and 1.412 Including Violation of my XIV Amendent Rights,Equal Pro tection the laws,and conspi- E tacy.$2,000,000,OO.actual damages,and $2,000,000,00, Punitive damages. o N W N 1 2 3 9I 51I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 26 INTRODUCTION 1)This is a claim for Damages describe in pleading set forth that occurred on This Date Sept 23 ,20_,Sept 5,2012. 2)Miranda Lalla,Tammara Meester,and Laurie Magaraci did come to my Rented Room at 1313 -East Davenport,St.in Iowa City,Ia.On or about Sept 23,20_ With The idea of intimitdating me because thay were white females and I Was Black , African American. I was Afraid of being Harmed. After some pushing and shoving thay called Iowa City police and I did also.After the police came thay concluded That I was the Criminal and charged ME with assault on a Burgler. Miranda Lalla. I went to trial and in spite of the Judges order of NO Jail The White Female prosecutor insisted on Jail time. 3)The second Trial I was Aquited found Not Guilty. 4)On Sept 5,2012 Mary Palmberg called 911 and reported me to the Iowa City Police as a Thief with out any facts The policeman #26 -Greg Humrichouse told Me I was under -arrest put hand -cuffs on me and put me in the back of his Police car.this base on the Word of a White female with a racist attitude. 15) She also stated to one of the other White volunteers that she was worth (More than me. CLAIMS FOR RELIEF. 1.Violation of my XIV Amendments Rights No Equal Protection of the Laws, And conspriracy,Intimidations,False arrest. Wherefore,Compensatory Damages,Plus Punitive Damages for the total of $4.000.000.00,Four-Million Dollars.Because Miranda Lalla could have Kill �v v � Me as she did to her Friend out -side the JOB -SITE -BAR in iowa ci";;-ja co �, W U a w [Summary of pleading] - 1 ti .,r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JURY TRIAL REQUESTED c.c.Att Eric Holder,F.B.I. Dated thi Jan 6,2013 Jer y Boka sa-Pro-Se P.O.Box 1905 Iowa City,Ia.52244 (213-840-2960,cell) 478 -46 -5511 -SSI# [Summary of pleading] - 2 CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356.6030 PLAINTIFF: BOKASSA, JERRY Docket No 13-05528 State IOWA vs. Court No LACV075141 County JOHNSON DEFENDANT: SMITH,ALISON WERNER Ref No Received 11/18/2013 DEFENDANT: HARDING, GARY JOHN IMISCELLANEOUS PAPERS DEFENDANT: GOERS, ERIC p ZZ DEFENDANT: MEESTER,TAMMARA D� Requestor(s) Phone ■, IOWA CITY BOKASSA, JERRY (213) 840-2960 -- PO BOX 1905, IOWA CITY, IA 52244 G ZIMMERMAN, RICHARD Employer m 103 E COLLEGE ST STE 209, IOWA CITY, IA 52240 M Comments 11 Name JKARR, MARIAN Zone Party Type JOTHER Phone O Fax o Address 410 E WASHINGTON p ZZ D� O ■, IOWA CITY IA 52240- C7-�C -- E-Mail�r G r Employer m = M Comments MNI Information Race r Birth Date I Height Eyes ILr Notes Documents Document Serve by Date OE PSR Description / Special Instructions OTHER ❑ ❑ Service Information Date Time Type Party �L' Relationship C.',yr C1'er r Race Sex DOB Location -11� (✓v4Lt,(�,� rs-(`�_ Miles \ Fee Officer Attempts Log Date Time Server Notes Date Time Server Notes Notes: G yj L Printed: Monday, November 18, 2013 Johnson County Sheriffs Office Page 1 of 1 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 P-7 JERnBOKASSA,PRO-SE P.O.BOX 1905 e IOWA CITY,IOWA.52244 (213 -840 -2960 -cell) JERRY BOKASSA FILED 2013 NOV 18 PM 3: 19 CITY CLERK IOWA CITY. IOWA (if I had a choice of education Or money, I'll take education) C-1 c N�� -y`%• 1, IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Plaintiff, VS. IOWA CITY BUS TRANSIT &IOWA CITY BUS#57-DRIVER- Milo SOSA. Defendant Case No.: CVCV074491 Response to for summary judgement of dismissal request. Hate crime#249,Conspiracy to Violate my 4th Amendment rights of illegal search and seizure. //.. I^ i ✓l �� b t The right..of _the ..,person.,.to bersecure,in .the,i.r.persons,house, papers And effects,against unreasonable searches and seizures.shall not Be violated,and no Warrrant issue ,but upon probable cause,supported By Oath or affirmation,and particulary describing the place to be Searched,and the persons or thing to be seized. By detaining be in the confines of his bus#57 Milo Sosa under Orders from his supervisor for regardless of how long falsly Imprison me in order to seize my senior bus-pass,In addition To making the "Ghetto jester" of reaching under his shirt As though he had a weapon of some sort. I was told by one of the "White-Drivers"wanted do this And In spite�of the ignorance the supervisor use his Racist arrogance Response to for summary judgement of dismissal request. Hate crime#249,Conspiracy to Violate my 4th Amendment rights of illegal search and seizure. - 1 Mind to put into action a "Mexican Racist" who had a agenda of "HATE" toward African American as state in "Exhibt "A"and 3 II That proves the "Mexican intent. Crossing state line's to enact 4 II His "HATERD" of Blacks. 5 6 In addition to this my experiences in CALIFORNIA of my new car being 7 Total while parked in my home by a uninsured Mexican driver,My S Apartment being burglize by my Mexican neighbors,Being arrest on 9 False charges so my "WHITE" land lord could Evict me while I 10 In jail.Harrassing on the union jobs so they keep me and other "BLACKS" 11 From having a good paying job.One "Mexican" telling me I was in the 12 II "WRONG"neighborhood. U.S.A.-NO. 13 Now I am facing the same "RACISM" by "Mexican" in my "HOME"state 14 Along with death-therats that.I reported to IOWA City-P.D15! z 15 Intend to FAX this to 202-307-6777,Dept of Justic Civil rigC2� co co 16 And also Investigate the corrupted lawyers and legal system �Wo) _ 17 The refuse to arrest a convict killer name Miranda Lalla:K y lB Who broke in to my home and the Iowa City arrest in for defending 19 Self a 74 -year old disable senior.where my "Public defender"did 20 Every thing he could to have me plead "GUILTY" to some thing I 21 Did not do and he knew I had a good law -suit at hand after I was 22 Found "NOT GUILTY" And the city is still dragging its feet on that. 23 OCT 24 Sa' 25 JERRY BOKASSA-PRO-SE,P.O.Box 1905 ? �? 0 O r� 26 Iowa City,Iowa.52244. Y 27 0 28Response to for summary judgement of dismissal req_t. W Hate crime#249,Conspiracy to Violate my 4th Amendment rights oi"ill`dgal search and seizure. - 2 `imprisonment - Wikipedia, the free encyclopedia Page 1 of 1 :4alse imprisonmentom Wikipedia, the free encyclopedia (, G False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention. When it comes to public police, the proving of false imprisonment is sufficient to obtain a writ of habeas / corpus. Contents ■ l Imprisonment ■ 2 Scenarios ■ 3 What false imprisonment is not ■ 3.1 Shopkeeper's privilege ■ 3.1.1 Rationale ■ 3.1.2 Requirement ■ 3.1.3 Purpose ■ 3.1.4 Claim of false imprisonment ■ 4 Cases ■ 5 See also ■ 6 References ■ 7 External links Imprisonment �� r :cam = f11 As to what constitutes imprisonment, see Imprisonment. 0 a Scenarios The following are false.imprisonment scenarios. ■ The taking hostage of a bank's customers and employees by bank robbers. ■ The detention of a customer by a business owner (e.g., hotel operator, apartment owner, credit card company) for the failure to pay a bill. ■ Certain situations arising from controversial legislation, like California's Assembly Bill 1421, Laura's Law. ■ A robber in a home invasion ties hostage up and takes them to a separate room. What false imprisonment is not Under United States law, the police have the right to detain someone if they have probable cause to believe a crime has been committed, and that the person is so involved, or if the officer has reasonable suspicion that the person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. http://en.wikipedia.org/wiki/False_imprisomnent 11/17/2013 e to retreat - Wikipedia, the free encyclopedia M /Duty to retreat From Wikipedia, the free encyclopedia Page 1 of 1 In the criminal law, the duty to retreat is a specific component which sometimes appears in the defense of self-defense, and which must be addressed if the defendant is to prove that his or her conduct was justified. In those jurisdictions where the requirement exists, the burden of proof is on the defense to show that the defendant was acting reasonably. This is often taken to mean that if the defendant had fust avoided conflict and secondly, had taken reasonable steps to retreat and so demonstrated an intention not to fight before eventually using force. ! Contents �'� lull -- m '■ 1 U.S. law ■ 2 English law ■ 2.1 Carrying weapons ■ 3 See also b o ■ 3.1 Related sayings 3*A = ■ 4 References A'e m r ■ 5 Further reading :;r m U.S. law .n Some U.S. jurisdictions require that a person retreat from an attack, and allow the use of deadly force in self-defense only when retreat is not possible or when retreat poses a danger to the person under attack. The duty to retreat is not universal, however. For example, police officers are not required to retreat when acting in the line of duty. Similarly, some courts have found no duty to retreat exists when a victim is assaulted in a place where the victim has a right to be, such as within one's own home)] The Model Penal Code [21 suggests statutory language that also recognizes an exception to the usual duty to retreat when the victim of the attack is in his or her own dwelling or place of work. It is common to exempt a person's home or car from the duty to retreat, known as the castle doctrine. Many states employ stand your ground laws that do not require an individual to retreat and allow one to match force for force, deadly force for deadly force. The Washington State Supreme Court, for example, has ruled "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be. "[31[41 Most state legal systems began by importing English common law such as Acts of Parliament of 2 Ed. III (Statute of Northampton), and 5 Rich. II of 1381 (Forcible Entry Act 1381) -which imposed criminal sanctions intending to discourage the resort to self-help. [5][6)(71 This required a threatened party to retreat, whenever property was "involved" and resolve the issue by civil means. Today, the majority of American states have construed their statutes of forcible entry, both penal and civil, in such a manner as to abrogate (i.e. abolish) the common law privilege to use force in the recovery of possession of land.['] http://en.wikipedia.org/wiki/Duty_to_retreat 11/17/2013 126 << RACISM _ =" ,:-`."' euu•w--. edher to live in tile e was not returning to the casts of violence directed at African _m .. but reiterated that ti integrationist violen. One ofthe best-known ed in December zoo6, when fourtesn�e offer incidents of an a of the c a octroi with fiiei3,, in at least in part becaus in Harbor Gateway of and killed as she stood talking so terrifying bollioOds where the attach- _ old Cheryl Green was shot charged with murder and been in the neigh have felt the ens were caught and Angeles police departm Americans living victims, may 1Znsa Cheryl Greens kill according t° the L°s Ang P targeted, like Other hate crake incidents that occurred in y� crime violations. Overall, in Harbor ateway fhere were near ;,se tazg the area. Take November 1991 A nine hate from r 94 to ZOOS e. ontnumbered in later in zoor. By to the t� statistics is and other violent cremes pep earl 199os, had been reported times as many omicides, ,`,sa a ainst Latinos.". Some the Y ait:st blacks 36 The previous year lead blacks g fitted by Latinos ag fission. b�L�O Sainst�,� as_ . __ deep desue`, �rneS comm con - os of atEacl(9 Relations Coinrtl of any perpetrator-vif forty-eight tN-�: des tray not h?"'• been motivated by,Ds Angeles Human or-eigllt Amen out, but because of the carne two reports of hate aisles Of roughly d only 4 drive the African Am (seen only Azusa had ,a population black residents of Harbor Gateway n In zoor, ercE it of whom were Latino athere were commTtt'ed by the.io4ti1 •greet gang, ces when the perpetrators were k figuration• about 6o p s In z000, eri- d people, ed as African American • Am may have nevertheless felt that,in me crimes es were bias-motivated.—ttiousan P identifi of African were lastln'^'firebombing'ere Latino and the victims e z04th Street gang were long g Percent of whom es including threeemade bon bs v7 ? ks b til osecuted rest '411 thirteen hate aim Zoon, three hom with children. The effects of the att ' Y The following year, families police 1 Green, murderers were caught an $ved in fear of[ cans homes, es Of African American Americans, P Even after Chery told rep°iters that they shootI e hom st African dents of Harbor Gatew y cultivated that fear by f, thrown into the of attacks agars 33 Gang memb.as had carefully rat ',._Given the long history a in zoos as hate crimes. the gang. cllin racist insults, and defacing walls with ated the three bombing. ing at black residents, y g investigated aid to venture north of f " Race-Bas Harassment in Los fist graffiti 3' Black residents of t ebghb e were careful to avoi between R lieu here Latinos in general, an,'.-In' for African Americans 33 Gang I �v 1'..The Links b fist Violence E reated boundary c�"' J Angeles and Anti -Integra directeii at Afr zo6th Street, the gang' the neighborhood on b'cY between the violence and inciden members patrolled th^. streets, circling t s;rni]ariY"s betty olitan area members drove through the neighborhood e ssof the m mere are imp°rtan the LOS p ngeles metrop and the country i .ti T In some cases gang em safe, 5 other cities aro ing and blacks ran for cover. Fearful of encountering can Americans in in oth neighborhood-bas g g, black childlaz' often Played inside. In order to keep them of move-in violence occurring efts classify defe an black mothers drove their L it describes, hate ci me exp atiOnist violence as though they could ill afford the time, chapter 3 attem of antiintegr tted to protect 1 y, the lice abated the violence, es that fit the P are comrm dren to school. Crackdowns b P hate trim purpose of these alta for olice patrols drjed uP es hada sive bias attacks. Defensive bias attacks distmglushed fi �] returned when funds necessary P injured or killed: these crim intruders. The Purp black residents of offender's neighborhood frc he attack to leave. As offenders Even when residents were not inj erect by reasons, L, significant impact °n those targeted. In several casesoOd to avoid clime is to force those targ or racism reef borlioo l 'iheir who eoinnut hate gimes for ideological b Laos previous S1i d a moderate commitment to racial bias ericans Y Latino neighborhoods had moved to the neighborh uarte and and Pang-related behavicr in their P tl�Q, i based attacks directed at African Aryl linked fate. Ther s in Azusa, Torrance, R j� `� ve only an related'vio 'J f� Racism a of the issue of a es i new addresses. aii.i the surr°undin gold be safe from g g d pit unitive becaus perceive link g ,ted that they 81' 0"Q�unterin os might P Canoga Park sugh ;" to believe' that Laths �•l lence and death. 3eir3g targeted many Of of their riewho fled the aye ' several reasons a shock. The amdl:s terrified many of the families, o G if 1ey eluld afford it. After the attacks on her rental house m 1v� r�; •�� quickly Q I \ M, zod END OF CASE FILE I IN THE IOWA DISTr C�.11{I�T OF JOHNSON COUNTY U.S. Bank National Association Plaintiff, v Dana K. Harr; et al., Defendants. 1013 DEC -2 PM 4: 15 CITY CLERK IOWA CITY, IOWA EQUITY NO: EQCV075522 REQUEST FOR RELIEF FROM ORDER TO EXPEDITE DISPOSITION COMES NOW Plaintiff U.S. Bank National Association, by and through counsel, Douglas J. Mizer of the firm of South & Associates, P.C., and in support of its Request states: 1. Foreclosure Petition was filed May 13, 2013. 2. All Defendants have been properly served. 3. Defendant City of Iowa City filed its Answer May 21, 2013. No Answers have been filed by any Defendant in this matter. 4. Notices of Intent to file for Entry of Default have been sent to all non -answering Defendants. More than ten days have passed since such Notices were sent. 5. Plaintiff's counsel has encountered reasonable delay in prosecuting this matter. Counsel has requested, and currently still awaits receipt of, a written Affidavit of Indebtedness from Plaintiff. Dispositive motions will be filed immediately upon receipt of said Affidavit. 6. Plaintiff asks the Court to enter an Order allowing Plaintiff to keep its foreclosure petition on file while counsel awaits receipt of the written Affidavit of Indebtedness from Plaintiff. 7. Defendants will not be prejudiced by the Court granting Plaintiff's presently requested relief. WHEREFORE, Plaintiff U.S. Bank National Association respectfully requests the Court grant Plaintiff relief from the Court's Order to Expedite Disposition as counsel has encountered reasonable delay in prosecuting this matter. File No. 154373 �Ak Case No. EQCV075522 L -4 FILED Respectfully submitted, 2013 DEC —2 PM 4* 15 South & Associates, P.C. CITY CLERK IOWA CITY, IOWA Do la J lizer (AT0011010) 12 5 rd Creek Parkway, Suite 120 West es Moines, IA 50266 (515)223-7325, ext. 372 (515)223-7276 (Fax) Doug.Mizer@southlaw.com Attorneys For Plaintiff File No. 154373 Case No. EQCV075522 CERTIFICATE OF MAILING A copy of the above and foregoing document entitled Request for Relief from Order to Expedite was sent via regular U.S. Mail, postage paid, this2 day of November, 2013, to: Dana K. Harr 983 Longfellow Place Iowa City, IA 52240 Christopher B. Kuhn 983 Longfellow Place Iowa City, IA 52240 City of Iowa City, Iowa c/o City Clerk 410 E. Washington St. Iowa City, IA 52240 (AT0011010) File No. 154373 Case No. EQCV075522 N co D� n =ern z m o a Un END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: BANK OF AMERICA Docket No 13-00993 State IOWA vs. Court No EOCV075314 County JOHNSON DEFENDANT: FINLEY, JEREMIAH D Ref No Received 02/26/2013 DEFENDANT: FINLEY, JEREMIAH SPOUSE OF DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone HOPKINS,BENJAMIN W (515) 222-9400 1350 NW 138 ST, CLIVE, IA 503258308 Name CITY OF IOWA CITY Party Type DEFENDANT Address CITY CLERK E -Mail Employer Comments MNI Information Race Birth Date Height Eyes Notes Zone Phone 0 Fax 0 ST Documents Document Serve by Date OE PSR Description / Special Instructions ORIGINAL NOTICE AND ❑ ❑ PETITION Service Information 1 Date �— ITime I I Type C T L( �� j A Party 0go'Ct([1 �CrJ•o' Relationship�G- r 1 � %� Race �i _Sex _ — DOB Location `') O l.i' Miles ' Fee Officer Attempts Log Date Time Notes: Server Notes Date Time Server Notes Printed: Tuesday, February 26, 2013 Johnson County Sheriffs Office Page 1 of 1 Sr 50382 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665: EQUITY NO we vo704 ORIGINAL NOTICE Plaintiff,: VS. c JEREMIAH FINLEY; CITY OF IOWA CITY, IOWA; SPOUSE OF JEREMIAH —' FINLEY, IF ANY; Defendants.: zv TO THE ABOVE NAMED DEFENDANTS: You are notified there is a petition now on file in the office of the clerk of the above court. A copy of this filing is attached hereto. The Plaintiff's attorneys are Petosa, Petosa & Boecker, L.L.P., by Benjamin W. Hopkins, whose address is 1350 NW 138th Street, Suite 100, Clive, Iowa 50325-8308. The Plaintiff's attorney's phone number is (515) 222-9400, with a facsimile transmission number of (515) 222-9121. You must serve a motion or answer, within 20 days after service of this original notice upon you and within a reasonable time thereafter file a motion or answer, in the Iowa District Court of Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at (319) 398-3920.)<//OS Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. Cle 0of the Above Cour) Johnson County Courthouse Iowa City, Iowa 522442510 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Co.. c. FEtlo���l GM' Sgt" RAGE a,JLy 50382 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665 QUITY PETITION Plaintiff, VS...,w JEREMIAH FINLEY;X.cl CITY OF IOWA CITY, IOWA; C' SPOUSE OF JEREMIAH FINLEY, IF ANY; P 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 RESIDENCE BUT NOT A ONE -FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. E Plaintiff, Bank of America, N.A., for its cause of action states: 1. That the Plaintiff is a corporation doing business in the United States of America. 2. That on or about June 18, 2007, Jeremiah Finley, as a single person, made, executed and delivered a promissory note in writing for the sum of $120,000.00 payable in installments, with interest at 6% per annum from such date (the "Note")- A copy of the Note is attached hereto and made a part hereofias =? Exhibit "A". -� T 3. That on or about June 18, 2007 in order to secure"the ',; payment of the Note, Jeremiah Finley, as a single person, the "Mortgagor(s)") made, executed and delivered to Iowa State Bank & Trust Company, a real estate mortgage (the "Mortgage") on the following described real estate (the "Mortgaged Property"): Lot Ninety -Three (93), Lakeside Addition to Iowa City, Iowa, according to the recorded Plat thereof the Mortgage was filed for record June 21, 2007, in Book 4176 Page 467 in the Recorder's Office of Johnson County, Iowa. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". Said mortgage is a Purchase Money Mortgage. 4. That Mortgagor subsequently executed a loan modification agreement wherein they agreed the unpaid principal balance on said mortgage was $122,177.07 with interest at 3.25% per annum from July 1, 2010, until June 30, 2015, 4.25% per 2 annum from July 1, 2015, until June 30, 2016, 5.25% per annum from July 1, 2016. 5. That the Mortgaged Property is and at all times relevant hereto was the homestead of the Mortgagor(s). 6. That the Plaintiff has the right to enforce the Note and Mortgage. 7. That the Note and Mortgage provide that if default be made at any time in payment of any installment of principal or interest, at the election of the Plaintiff, all indebtedness, without notice of such election, shall become immediately due and payable; that the Plaintiff by reason of the failure of the Mortgagor(s) to pay said installments, declares the Note in default, that there is now due and owing the Plaintiff the sum of $116,580.74 with interest at 3.25% per annum from.and -Nr ?•— including December 1, 2011 plus late fees, attorney fees,--- abstract ees,^'abstract expense, protective advances and costs. ry B. That the Plaintiff has given the Mortgagor(s) all required notices, including notice of right to cure said default and notice of acceleration required pursuant to Iowa Code Section 654.4B(1). 9. That the time to cure the default under Iowa law has now expired. 10. That said Note and Mortgage provide that if suit be commenced thereon, Mortgagor(s) will pay reasonable attorneys' 3 fees. An attorneys' fee affidavit is attached hereto and made a part hereof as Exhibit "C". 11. That the Plaintiff now hereby in writing waives any right or claim to a deficiency judgment against the Mortgagor(s). That the Mortgaged Property is the residence of the Mortgagor(s) and is a one -family or two-family dwelling. The Plaintiff hereby elects to foreclose without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment, unless the Mortgagor(s), pursuant to the Notice set forth above, files a written demand to delay the sale, in which event the sale shall be delayed until six months after entry of judgment. 12. That the following parties are named as Defendantbs) because they claim some right, title or interest in the Mortgaged Property, including, without limitation a right7_- title or interest as described below but any such right, title or interest is junior and inferior to the interest of Plaintiff: • City of Iowa City, Iowa, Judgment, dated October 25, 2005, filed October 25, 2005, ICSMSM063275, Fine, surcharge & costs • Spouse of Jeremiah Finley, if any, for any interest in the subject property. 13. That the Mortgage provides that any time after the proper commencement of an action in foreclosure or during the period of redemption, the Court having jurisdiction of the case shall, at the request of the Plaintiff, appoint a receiver to 4 take immediate possession of the Mortgaged Property and of the rents and profits accruing therefrom, to rent the same as he may deem best for the interest of all parties concerned and shall be liable to account to the Mortgagor(s) only for the net profits after application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness, charges and expenses hereby secured and herein mentioned. WHEREFORE THE PLAINTIFF PRAYS THE COURT: - i 1. That the Plaintiff have judgment in rem against the Mortgaged Property for the amount of unpaid principal and„ interest on the Note, as provided in the Note and Mortgage and for late fees, attorney fees, abstract expense, protective advances and costs. 2. That a receiver be appointed immediately to take care of, manage, lease and collect the rents from the Mortgaged Property, and to apply the same in payment of costs and expenses of said receivership, repairs and expenses of said real estate, accrued and accruing taxes and special assessments, insurance premiums, and in partial payment of the judgment to be entered herein. 3. That said judgment, together with interest, late fees, attorney fees, abstract expense, protective advances, costs and accruing costs be decreed a prior lien upon the Mortgaged 5 Property from the date of the Mortgage, and that all rights, interests and equities of all Defendants to this suit be declared junior to the right, title and interest of the Plaintiff. 4. That in the event Plaintiff is required to make protective advances, including without limitation, advahces for: taxes or insurance on the Mortgaged Property, the Plaintiff be-: given an additional lien thereon for such amounts so-adv4;ped, (L� which shall be included in the judgment to be entered herein. 5. That the Mortgage be foreclosed and the Defendant(s)' equity of redemption be barred and foreclosed save as guaranteed by law. That special execution issue for the sale the Mortgaged Property to satisfy said judgment, interest, late fees, attorney fees, abstract expense, protective advances and costs. 6. That special execution issue to satisfy said judgment, interest and attorneys' fees, and accruing costs herein, and the Mortgaged Property be sold according to law to satisfy the amount due under the Decree issued by this Court and the Defendants herein or anyone claiming by, through or under them, be forever barred and foreclosed of any interest in the Mortgaged Property, except such rights of redemption as provided by law. 7. That if the Mortgaged Property is sold and not redeemed, the Clerk of this Court shall issue to the Sheriff of 6 said County, a writ of removal and possession, commanding him to put the grantee named in the Sheriff's deed for said premises sold, or his grantee, in possession thereof, and to remove any Defendants, or persons claiming by, through or under any of them, or any person in possession thereof out of such possession. 8. That the Plaintiff has elected foreclosure without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment or in the alternative, if a written demand for delay is filed, the sale shall occur six months after entry of judgment. 9. That the Plaintiff be granted such further relief as may be just and equitable. PETOSA/,/,FJETOSA & BOECKER, L.L.P. By j� Be W /0optrnet AT00003573 7 b t��aV0325-830-8' hone: (515) 222-9400 mile: (515) 222-9121 : electronic@petosalaw.com S FOR PLAINTIFF i �J O June 18 2007 _— [Date] NOTE • Iowa City Iowa loty] (Slate] 43 Regal lase Iowa City, IA 52240 [Property Address] 1. BORROWER'S PROMISE TO PAY In roturnmr a loan thatI have received, Iimenthe to pay U.S. 5120.000.00 (this amountis called'Trincytsl'),plus interest, to the order of the lender. The Lender is Iowa State Bank and Treat Company . I will mate all payments under this Now In the farm of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Nom by transfer and who is entitledro receive payments under this Nae is called the "Nom Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will payinmrestata yearlyram of 6.000%. Theinterestmm required by this Section 2 is the ram I will pay both before and after my default described in Section 6(B) otdds Nota 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will rake my monthly payment on the I day of each month beginning on August let 2007 .Iwiu make these payments every month unlit I have paid all of the principal and interest and any other charger described below that I easy owe under this Nota Each rtnnthly payment will be applied as of its scheduled due dam and will be applied to interest belbre Principal. If, on July lst , 2037.IsiilloweamounuunderdhsNom,IwlOpaythmea tsinfull on that date, which is called the "Maturity Dam." I will make my monthly payments at 325 S Clbs on St PO Box 1700 Iowa City, IA 52244 or ala di(fasnt plan ifrequimd by dmNom Holder. (B) Amount ofMonth�v Payments 4. BORROWER'S RIGHT TO PI I have the ric¢ht m make payment ''Prepayment.'' Mn I make a Pr ayynn a Prepayment if I have not made all the I may raske a full Prepayment or Prepayments to reduce the ammumofn accrued and unpaid interest on the prep I make a martial Preoavmene there w0f I or by making a a count of U.S. $719.46 AY Principal at any time before du (will tell thallom Halder in wr mlilpayments due under the N, I tial NP a ems withom paying pal NatIIowo under this Note. F ent amount, before applying my o changes in the due dam or in th which sets maximum loan charg action with this loan exceed the e the charge to the permitted lir tome. The Note Holder maych yrnem to tem. If a refund recut VAS REQUIRED ere tla. A payment of Principal only is known 0 a ing thatI am doing so. I maymd deOdgmte apnyrrmmee M a Prepayment change. The Note Holder will use my Principal, the ans or other loan arge shall be in me which Mpal lowe as a partial tr the Note Holder has nasuceived theful}Amoum ofanymonthlypaymm: by the end of 15 calendar days after the dam itis due, I will pays into cliarge cathe Note Holder. The srmuntofthe cbuge will be 5.000%ofmyoverduepaynatntof principal and interest I wilt pay this lam charMnampdy but only once on each late payment. B) Default If I do not pay the full amount of each monthly payment on the date it is dug I will be In default (L7 Notice ofDeftult If i am in default, the'Nala Holder may seadS. a written MUM telling mo that if I do Out pay the overdue amwmt by a certain dam, the Note Holder may require mempayidanediatelythe full amount cfprincipel which has not been paid and all the Ibeennat cat] oweonthatamount Thardammustbe at leant 30days aftertbedam on which the noticeis madedcameordeliveired byother mains - (D) No Waiver By Note Holder Even if, at a time when I am On default, Ow Now Holder does not require me to pay immediately in full as; described above, the Note Holder will still have the richt m do so if I am in defaub al a later dyne. Payment of Note Ho er's Costs and Expertors the Nom Holder has required One capay Immedatelyin PoB as described above, the Nat Holder will have the right m be paid back by are for all of its costs and expenses in enforcing this Now to the extent not prohibited by applicable law. Those expenses include, for exaarOTr�le, reasonable anameys' fees. 7. GIMGO NOTICES Unless applicable law requires a different method, any notice that mustbegiven came under this Nom witlbaaivenbydelivering it or byymarlingg dbySrst class mail tome at it.Pmperty Address above or ata different address if l give the Notetider anotia of my different addMS. Any notice that must be given m the Nae Holderunder this Note will be given bydelivering icor by mailing8 h by first class mail to the Note Halder at the address stated in Section 3(A) above or at a different address ifl am given a notice of0tal drfferentaddress. & OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Nota each person is fully and personally obligated to keep all of the promises made in this Nota including the promise ro pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated mdo these things. Any person who takes over these obligations, including the obligations ofa guarantor, am rycrerdorser of this Note, is also obligated to keep all of the promises made in this Nota The Note Holder mayenforce is rights under this Note Wt rnTaait a00m naafi h' Sioab llaNlYPaoNe MmTdda Mac MonaM a¢Mopo r, FormaaMl ra„,•-..-r 9"TCV(4n9) *rVMYaau EXHIBIT iII�IR �- R againueach person individually or against all o€us topther. This means matanyoneofus maybe requimd to pay all of the amounts owW wrier [hn Ne<e. 9. WAIVERS I and any otherparson who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" meam the right to requite the Note Holder to demand payment ofanloums due. "NotiaofDishonnor"means the right torUNIFORMthe Note HC1Uder to RED NOTE notice to other persons that amounts due have not been paid. This Now is a uniform instrument with limited variations in some)urisdictions. In addition m the protections Oven [o the Note Holder under this Note, a Mortgage. Dead of Trust. or Security Deed (the "Security lnstrument' ), dated the same data as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Nota That Security Instrument describes how and under what conditions I mayy be required to make immediate payment in full of all amounts I owe under this Nota Some of those conditions are described as golbws: If all or anypsn of mePropenyor any Interest in thePropertyis sold or trainnrata (orifBoower is t a naturalryetson and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all suns secured by this Saariry Insnument. However, this option shall no[ be exercised bylender if such exercise is prohibited by Applicable law. If Lender exercises this notion. Lender shall sive Borrower notice of aeeeleratton. The notice shall may WITNESS THEHAND(S) AND SRAL(S) OF THE UNDERSIGNED. (Seal) B a'3sJemlssh Finley (Said) Isomrwv taa(raWar � N 1 G (Said) aonOWCr - Tt WITHOUT RECOURSE PAY TO THE ORDER OF Countrywide Bank, FSB Iowa State Bank and Trust Company ., - Peggy `e Ice-Pmsidnat Irrdaesud3nnaALL110Atl 1n3n15311d 3oNaostaa lO(MIOiT 3[a101n tED3rl3anY1 �I� u "� cvpr� y!arlvt� Aa ON SwQl MH 301MAtlrNID0 ad51NV630lY.WINfIt%1 35 003a1M14" 39AYY%r3a =Aft J000boamol0d ila3a-D CXLAYd (sign OMginw Only) aaast(a= 400 NULTLTfA'IS PL(aD rNTENOIP Si„aly Nmil�Fsmle Mae/Prtddlo Alnc ICVIFORM niSIR11:11GNT 96al.CV lan51 a0911YL0a5 III Pom]a0a rNl (/,nRaryayn}vxl Crtntive Thdnkiog, tor. DOTOtm u0bo G Doc ID: 020887970010 TVD&: GEN Ree orded: 06/21/2007 at 11:47:54 AR Fee Amt: $52.00 Pace 1 of 10 Johnson County lave Ki. Painter County Retarder BK4176 PG467.476 - 59t, (Space above reserved for Recorder of Deeds certification) Prepared By: Catherine M F rnaz Iowa State Bonk and Trost Company 325 S. Clinton St PO Box 1700 Iowa City, IA S2244(319)356-5960 When Recorded Return To: Iowa State Bank and Trust Company 325 S. Clinton St PO Box 1700 Iowa City, IA 52744 1. Tide ofDocumenb MORTGAGE 2. Grantor(s): Jeremiah Finley, a single person 3. Grantee(s): Iowa State Bank and Trust Company 4. Statutory Mailing Address(s): 325 S. Clinton St PO Box 1700 Iowa City, IA 52244 5. Legal Description: Page 3 6. Parcel klendficadon Numba. 1023409021 7. Documentorinstrument8: Page I cf e 441CV a" ECS 1742-005 creatine ninldne, Inr. GCrOt0[11G1n1 N 0 PURCHASE MONEY MORTGAGE MORTGAGE DEFMIONS Words used in multiple sections of this document are defined below andother words are defined in Sections 3,11,13,18, 20 and 21. Certain rules regarding the usage of words used in this document we also provided in Section 16. (A)"Security Instrument" means this document. which is dated June 18th _ 2007 mgetMrwith all Riders m this document (B) 'Borrower" is Jeremiah Finley, a single person Borrower is the mortgagor under this Security Instrument. (L) 'Under" is Inwa Sfnte Rank and Trust C,,pny, Ifotlu is a Carimration organized and existing under the laws oftbe State of Iowa Lender's address is 32S R. ritntnn St PD Box 1700 Insets rlty TA sada _ Jr Lender is the mortgagee under this Security Instrument. ---- -. (D) "Note" means the promissory note signed by Borrower and dated .lune 18th , The Nota " -3 states that Borrower owes lender One Hundred Twenty Thonssnd and 0000 Dollars(U.S. 53211,000.00 1plus baseness. Borrower haspranired to pay this debt in regular Periodic Payments and to pay the debt in full not later than "ll, 1.2037 rJ + (E) "Property" means the property Nis described below under the hmding'Tmmfw of Rights in the Property." _at (F) "Loan" means the debt evidencedby the Note, p , plus interestan a yprep yment charges end late charges due under the r'^ Nate, and all sums due under this Security Instrument. plus Interest. _ (G) "Ridets"means all Riders to Nis Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: - - ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Seoo[Id Home Rider - N ❑ Balloon Rider ❑ Planned Unit Development Rider ® Other(s) (specify] Tax Exempt ❑ I-4Family Rider ❑ Biweekly Payment Rider Finandlig Rtdrr (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appeWablejudicial opinions. (I) "CommunityAssodatlon Dues, Fees, and Assessments" maw all dues, feel, assessments and othercharges thatare imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,f) "Electronic Funds Transfer" means anytmnsfer of funds, other than a transaction originated bycheck.drsft orsimilar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,instruct, or authorize a financial institution W debitor credit. account. Suchlennimludes,butisnotlimimdto, Point -Of -sale transfers, aummatedtellermochine transactions, transfers initiaredbytekpboae, wire transfem, and automated clearinghouse transfers. (E) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation,settlement, awardofdamageausproceeds paid byanythirdparty, (other than insurance proceeds paid under the coverages described in Section 5) for. (i) dapple to, or destruction of,, the Property; 00 condemnation or other taking of all or any part of the property, (ill) conwyanm in lieu of condemnation; or (iv) mivepresenmtions of, or omissions as to, the value and/or condition of den Property. (all) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or default on, the loan. (N) "Periodic Payment" means the regularly scheduled amount duefor(i) principal and Interest under tbcNot% plus (ii) anyamounts under Section 3 of this Security IrawmenL (0) '%ESPA" means the Reoh Estate Sealemen[Procedures Act (12 U.S.0 32601 etseq.) and its implementingregulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "fedemBy relao-d mortgage loan" under RESPA. (P) "Successor in Interest ofBorroweennessm anyparty that has taken titlew the property, whether or not thatpartyhm assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Securitylnsfrumen[securer toLender:(i)therepaymentoftheLoan,andallmmwals,extemlomandmodifimtiomof the Note; and 00 the performance; Of Borrower's coverunts and agreements under this Security Instrument and the Note. For Nis purpose, Burrower Irrevocably mortgages, grants and comroys to Loader. with powerofsale, the fnllowingdescribed property located in the _ County of — Johnson , [Type of Recording Jurisdiction] [Name ofRecording Jurisdiction] IOWA-Sirtaio Pamih` Fa,mN MxdFn,ddfe Mac UNWOOM lMT1VM6Nr 043 cV(trot) From0016 Vol (page Zofy parent Creative TLInklag, Inc. OOTO(aaa CM10 D Lot Ninety-three (93), Lakeside Addition to Iowa City, Iowa, accordhig to the recorded plat thereof. which cumentiyhas the address of 43 Regal Lane [Street] Iowa Cit , Iowa 52270 (`Property Addmss'J: [CRY] [ZAP Code] TOGETHER WITH all the hnprovernents now cr berealler erected on theproperly, and all easements, appurtenances, and fixtures now, or hereafter a part of the property. ALL replacements and additions shall also be coveredby this Security Instrument All ofthe foregoing is referred in In this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and durum ds, subject to myencumbrances of record. THIS SECURITY INSTRUMENT combines imiforncovertants for national use and with limited variations byjiirisi kion to consdrum a uniform security inshvment covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPdncipal, Interest, Pscrowltems, Prepayment Charges, and late Charges. Borrower shall Pay and as r are a to which it became due. Any mmainimq this Securityl shummn and then to Ifllnder receives a payrner b pay any late charge due, the pays TO shall not extend or postpone thedue date, 3. Funds for FacrowItems. B, until the Note is paid In full, a sum (die "I other items which can attain priority over payments or ground rents on the Property, or atanydme during die unreof the Iaan, Lendermuyrequire th any, be escrowed by Borrower, and such dues, fees and assess furnish to Lender all notices of amounts to be paid under this Sa IOWASinale FaMb•-Ran„le MuTieddle Mac tWORM MTRll EiNr 9762 CV (71m or her any or all iogg forms, as, ceckproviided rentity; or (d) at such other Foem3atii Ver (page3af9puger) Croanve TRiNdna,Im Goroyio2IDsl11 ra v J ,r unless Lender waives BOrrowtrs obligation to pay the Ponds for any or all Bscrow Items. lender mayywaive Borrower's obligation to pay to Lender Funds for any or all Escrow Items ppt any time. Anysuch waivermayonly fie Ln writing. In the event of such waiver, Borrower shall paydimctly, when and wherepayable, the amounts due for any Escrowltme for which payment of funds has been waivnd y Leader and, if Lander requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipt shall forall purposes bedeemed to be a conn l and aggrreementcontained in this SecuritylnaWrnentas thephrase "covenant and agreement" is used in Section 9. SfBorrower is obligated m payEscrow Items dirxUyy, pursuant to a waiver, and Borrower Nis to pay the amount due for an Escrow ltan Lander may exercise its right under Section9 and pay awh amount and Borrower shall then be obligated under Section 9 to repay in Lender any such writer. Lander mayrewka the waiver n m mym all Escrow Items at any time by a novice given in acwrdance with Section 15 and, upon such revocation, Borrower shall pay to lander all Funds, and in such amounts, that am than required under this Section 3. lander may, at anyy time, collets and hold Funds in an amount (a) sufficient to permit Under toappyylythehnds at the time specified under RESPA, and (b) not to exceed the maximum amount slender can require undo RESPA. lander shall estimate tlx: mount ofFvnds dueon the basis ofcurrent data and reasonable estimates ofexperditures offitumEscrow Items or otherwise in accordance with Applicable Law. The Foods shall be held in an institution whose deposits are insured bya federal agency, insWmenslity, orentity (including Cander, if Under is an institution whose deposits are so insured) or isanyyFedemlHout:I= ink. I.endu ¢boll apply the Funds to pay the Escrow Item no later than the time specified under A. lander shall not chase Borrower Leader shall give to Borrower, without charge, an annuatacmundngg of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as dell other ned uer RESPA, Lander shall account to Borrower for the ands in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, lander fify Borrower w reqaired by MPA, and Borrower shall ray to lander the amount necessary in make up the In accordance withRHSPA. but in no more than 12 menthlypayynmxerntis. If there is a deficiennccyy of Funds held in ar defined under RESPA. Under shall notify Borrower asrcq mredbyllESPA,andBerrowershallpayto Lendattz necessary to make up the deficiency in uccordence with RESPA, but in ro more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, leader shall promptly refund an Borrower my ad by Lender. S. Charges; Iden. Burrower shall pay all taxes,assessments, charges, fines, and impositions attributable to the Borrower shall promptly discharge any lien which has prlorftyover this Security Instrument unless Borrower: (a) agrees La wiib'ng m the payment of the obhgaton secured bythn lien in a meaner acropmble W itadv, bu[only so bag n Borower is p rming such agreement, (b) contest die lien in good faith by,ar de@nds against enforcement o the lien m lepI proceedings which in lender's opinion operme to prevent the enforcement of the hen while those proceedings arc pending, buten yuntil such proceedin arc concluded; or (c securesfromlhe holder of [he lienar aag�ecmeennlsatisdachuym larder aubonliaating the lien to this S�earitylnsW resat If Lender determines that any part of the Prppeaty u aubjerd [o a I ien whish can attain prim[ryover this Secwrrylnst[smtent,Isnder may give Borroweranotice identiryfag [hire lien. Within 10 days of the date on which that notice Is given, Borrower shall satisfy the lien or take one or mote of the rations setforth above in this Section 4. lender may require Borrower to pay a ona-dirt, charge for a real waste lax verification and/or reporting service wed by Lender in connection with this Iran. S. Property Insurance. Borrowershall keep the imprunmenstpw existingur hersafteraectedon Lbs Properly insured against Iws byfim, hazards included within the term "extended coverage" and enyyother hazards including, but not limited m, earthquakes and floods, for which Underrtquhea inurance. This insurance ¢hall be maintained in the amounts (including deductible levels) and for the periods that lander requires. What lander requires pursuant to the pruedmit seaences can change during the term of rhe Loan. The insurance carrierroviding the insurance shall be chosen by Burrower subject m IaMer's right to disapprove Borrower's choice which right shall not be exercised unreasonably. Lender may require Borrowerto pay, in connection with this Iran, either. (a) a o time charge for flood zone determination, certification and tracking services; or (b) a onetime charge for flood zone determination and certification services and subsequent charges each time renrippings or similar change occur which reasonably might affect such determination or owificatioa. Borrower shall also be responsible for the payment of any fees imposed by the Federal EmergencyMamgemcmAgencyinwnre donwith (herevvewofanyfloodzonadetermination resultingfromanobjection by Borrower. If Borrower fail. to maintain any of the coverages described above, lender may obtain insurance coverage, at and Lender's ayytion Borrower's expense. Lends is under m obligation to purrliesc any particular type ar amount of coverage. '[Twrefore'such ceverege shall rover LeMer, bmmight or tmgbt notprotect Borrower, Borrower's equityin Me Property, or rhe wntent of [he Property, against any risk, hazard or liability and might provide greater w lesser wvemge dean row previwslyin effect Borrower acknowledges that thecostoftheinsumnce rovemge eoobsircdmighl signifinmlyy exceed the cwt ofinsmence NetBomowercould have obtained. Anyamount disbursed bylsederunder this Sccuon5 shall become additional deMofHorroweraecured bythis Sewrirylwtrument. These amounts shall bear interest at LLie Noterete from the date of disbtusertxnt rod shell be payable, wiN such interest, upon notice from lander to Borrower requesting payment. All insurance policiesoared by Lander and renewals of such policies shall be subject b lender's right to disapprove such policies, shall Mw a standard m age clause, and shall name Lender as mortgagee will"as an additional loss payee. larder shall have the righ[to hold, epoficia ndrenewalcertificates. If Lwderrequirw,Bormwer shall promptly give in Lender all receiyt of paid premiums and renewainotices. If Borrowerobtaim anyform ofinsutunco coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shell include a standard mortgage clause and shall come Lender as mortgagee andror as an additional loss ppa) e . In the eventof loss, Borrower shall givepromppt notice tothe insurance carrierandlender. landermaymake proof oflossifnotnsdepromptlybyBorrower. Unless Lender and Borrower otherwise agree in writing, any insurarceptodxeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. hiring such repair and restoration PPeriod, Lender shall have the nigh[ to hold such insurance proceeds untll Lender hos had an opportunity to inspect such Property to ensure the work hos been completed to Lender's sattfsetiot, provided thatauch inspection shill be undertaken promptly. Lender may disburse prncenls for an tupairs and resbmtion rn a sinalw payment or in a Lund progreu paymentwtbe work is romps Unless an agreemen[is medcin writlng or App ice le law requires iulerestmbe pnad on such insurance proceeds, Lender Shall netts required to pay Borrower any interest or earnings on such proceeds. Pees (or public adjusters, or other thiN parties, re[alned by Borrower shell not be paid outof the insurance proceeds and shall be the sole oblignton of Borrower. If the restoration or repair u oat economically fewible or Lender's aeearity would be Iwsened, the Insurance proceeds shall be applied to the sums soured byy this Sutuity Inswment, whether or not then due, with the excess, if any, paid m Borrower. Such insurance proceeds shtlI be applied in the order provided fns In Section 2. lOwh3iaal. liml,-na,nir Mmmddlw Mm uxtraOs, NB Uv Ew Porn301611014paa,4epgaeal W42 cv irwl Crmtive Thinlh%Inc ODrO(ODD(neu insuranceclaimand related insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance pmceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy,establish, and use the Property asBorrower's principal residenco within 60 days after the =motion of this Security Instrument and shall continue to occupy the Property as Bonowce a principal In me 1Toperty, Borrower am[[ maintain trio Property to order to prevent the Properly from detenomtmg or in value GGus to its condition. Unless it is determined pursuant to Section 5 tut repair or restoration is not lyfemible, Borrower shall promptlyrapair the Property if damngad to avoid further dahuiomtion or dnrmge. II r condemnation proceeds are paid in connection with damage to, or [he mkvtg of, the Property,Bortmv"sha0 be for repairing err restoring the Property only if Lender has relapsed proceeds for such purposes. Lender may oceede far the repairs an restoration m a stogie payment or in a seam of progress paynxins as file work rs If the dmmance or condemnation proceeds ain ria sument m repair arestore the Property, Barowa is sot Borrower's obligation for the completion of such repair or restoration. miler oritsagentinnyor reasonable entries upon and inspections of the Property. Ifithas rwsonable came, r inspect the interior of the improvements on the Property. Lender shell give Bortowa notce at the Gma of or misleading, or inaccurate information or statements to tender (Or failed to provide Lender with material information) in connection with the Ivan. Material representations include, butarenotlimitedm,represcntations concerning Borrower's oaupaocy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument. It (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) them is a legal proceeding that mi htsigmficantly affect Lender's intro est in the Proper ty tailor rights under this ScowityInsnument(such as a proceeding in bankruptcy, probate, fa condemnation or forfeiture, for enforcement of a lien which mayatmin priotty over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Propeny, then Lender may do and pay for whatever is reasonable or appropriate to rotectLender's interest in iheRopenyand rights under this Security ]nsuument. including protecting and/or asussing the value of the Property, esti securing and/or repaving [he Propary. Lcndei s actions can include, butare pat lirniladle (e) paying anyaums secured bye lien which has priorityover this Security Ins" rob (b) appeazing in court, and (c) paying reasonable ahorneys' foes to protect its interest in the Prpparty im or rights under this Secmt(ylaslmmen4 includmgib secured positionuabankruptcyproceedingSecuring the Property includes, bin Is no[ limited m, encoring the Property W make repairs, change locks, replace or board up doors and windows, drain venter from pipes,elI_,nam building 'other code violations or dangerous renditions, end have unites turned on or off. Although Lender nwyy take action vadat this Section 9, Lender dove not have b do so and B not and"any duty or obligation to do so. It is agreed that Lends incurs no lishinvii r not taking any or ell ach us and sized adeahis Section 9. Anyumounu disbursed byLmda under this Section 9 shat become additional debtufBomuwer secured by mit Security Instrument. These amounts shall bear interest at the Note rare from the dateof disbursementand shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Ifthis Securiryrylnstrument is on a leasehold, Borrows shall complywith all the provisions ofilieleese. IfBorrower acquires feetidemthe roperty, the leasehold and thefee title shall notmerge unless Lender agrees to the mergerin writing, 30, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making lheLoan, Borros shall pay the premiums required to maintain the Mortgage Insurance in effect If, for anymason, the Mortgage Insurance coverage required bylender ceases to be available from thus mortgage insurer tbatpreviously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substandailyequivelent to the Mortgogelnsurance previously in effect, at a con subsmnha0y equivalent to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate moneme insurer selected by Lender. If substantially eoulvaleat Mortame. Imuranca coveraee is not available. Borrower L nawaMil net oere airearo aynnrrower any mterostor earnings on soon loss reserve. lenaerconrpangerrequrelma reserve payments if rrg%6e tlsaraae coversge (in the amount and for the period that Lender requires) provided byan immersdwtedbylenderagainbecomesavailable,isobtaiped,mdLerderrequiressepaiatelydmipiatedpaym tstowmd the premiums for Mortgage Insurance. If Lender required Mortgage Imurance as a condition of making the Loan and Borrow" was required to make sepmately designated ppayments toward the premiums for Mo ge Insurance, Borrower shall paythe premiums regdred tomaintain Mortgage [nsumncein effect,or toprovide a non-refundable loss reserve, until Lender's requiratrwnlfor Mortgage Insurance ends to accordance with apywriften agremunu iemeerIBorrowera>bLender proviu ding for such termination or until termination required by Applicable Law. Nothing in this Section 30 affects Borrower's obligation to pay interest at the nate provided in the Note. Mortgage Insurance mimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrow" does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter Into agreements wi other parties that share or modify their risk, or reduce losses. These agreemens are on loom and conditions that are satisfactory to the mortgage insurer and the other party (or Furies) m these agreements. These agreements may inquire the mortgage insurer to make pa pts ming any source o}'fords that the mortgage usurer may have nvoilable (which may include funds obtained from Mortgage Insurance premiumts). As aresulteftheseagreements,Lend", anypurchns"ofthe Note, another insurer, anyminswer,wy other entity, or any affiliate of any of the foregoing, my receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Lawrence, in exchange for sharing or modifying the mortgage ins'urer's risk, or reducing losses. If such agreement provides that an affiliate of Lend" takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often [caned "captive reinsurance." Porth": (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wJl not increase the amount Borrower wit owe for Mortgage Insurance, and they will not entitle Borrower to any refund. IOWA—Single Family -Fannie Mae/F,eddk Mar MIM -UM W51'1tUMNWF Form3016 1/01 (yaarSoJ9pr�ye,) 974aCV (105) Ceafihe ]'hindaa, lna N —. tV M3 (b) Any socii agreements will not affect the rigghts Borrower has - if any - With respect to the Mortgage Insurance under the Homeowners Protection Act of 199h or any other law. Theca rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were uneamed at the time or such cancellation or termination. 11. Assignment ofMiseellmo sProceeds;Forfeiture. All Miscellaneous Proceeds are herebyassignedmand shall be paid to Lender. Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied mredoration orreoair of thePronerty, if prompdy. Laurer maypaytorthe repairs and restoration in a single disbursem al or in a series ofprogress payments as the work is completed. UUnless an agreement is made in writing or Applicable Law requires interest m be paid on such Miscellaneous Proceeds, Lender shall not be required m payy Harrower any Interest or earnings on such Miscellaneous Proceeds. tf the restoration or repair is not economicallyyfessibbor Lender's secudtywould be lessened, lheMiswIlmecus Proceeds shall be applied to the sums secured by this Securityinstrumem, whether err not then due, with the excess, if any, paid ioBorrower. Such Miscellaneous Proceeds shall be applied in the orderpprovided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shallbe applied to the sums secured by this Swurilyin maimanh whether or not then due, with the excess, if any, paid to Borrower. Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied bythe following fraction: (a) the total amountof the sums secured immediahAybefore the partial taking, destruction, or loss in value divided by(b) thefair markTt value ofthe Properly immediatelybefore the para/ taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of n partial taking, destruction, orloss in value of the Property in which the fair market value of the Property immediatelyy before the parts i taking, destruction, or loss in value u less Ihm the amount of the sums secured immediately beforethepartial taking, destruction, or loss in value, unless Burrower and Lender otherwise agree in writing, theMiscellawous Proceeds shall be applied to the sums secured by this SecurityInstnm t whether ornotthesums Grethen due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) afters to make an award to settle a claim for damages Borrower fails to resppoond to Lander Within 30 days after the dam the notice is given, Lender is authorized Wcollect and cep. Iythe Mscetlaneous Proceeds either m restoration or repair of the Property or to die sums secured by this Security Instrument whether or not then due. "Opposing Perry" means the thiN party that owes Burrower Miscellaneous Proceeds or the party against whom Borrower hat a right of action in mrnrd m Miscellaneous Proceeds, Borrower shall a in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's Judgment mould result in forfeiture of thePropaly orother material impairment ofLenda's interest in the Fropeityorrights under this Securitylnstrumen. Harrower can curesuch a defauh and, if acceleration has occurred, reinsmm as provided in Section l9, bycausing ties emion or proceedingg to be dismissed with aruling that, in Landers judgment, precludesforfelwre oflhePropertyarodheran matertal impalrmentofIxnder'sinterest in the Property or rights under this Secvntylustnuoent. The ;troweds of any award or claim for damages that am attributable to the impairment ofLader'S interact in the Property are herebyassiPg�xed and shall be paid m Ian cr. AIIMiscellanrous Proceeds ince[ arenot applied to restoration or repair of the Property shall be appliedin the order provided for in Section 2. 12. Aorrower Not Rdeaacd; h'orbearance By Lender Not a Waiver. 13mmi ion of the lime IDr payymmenter modification ofamortiza[ion ofihe sums secured by this SecuriryInstrumemgranted bylendertaBoneweror on Suctxssar In Interest of Borrower shall no[ operate to release the liability of Borrows or any Successors in Interest otyBamower. Lender shall not be required [o commence proceedings against any Successor in Interest ofBOTTOWer or to refuse m extend time for payment m otherwise moditynmoruzation ofdre sums secured by this Security Instrumentbyreason ofanydemnnd made bythe origtnalHomower oranySuccessors in Interest ofBorrowar. Anyforbearance bylender inexerdsinganyrigh[ or remedy including, without limimtion, Lender's acceptance of payments from third persons, entities or Successors to Interest of Bomower or in amounts less than the ear ant than due. shall not be a waiver ofor preclude the exercise of anv right or remedy. - - 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonowercoverents and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument butdoes not execute the Note (a"w-signer"):(a)is ce-si ingg this Secaritylmtrument only to mmoorrttggaaggee grant and convey theco-signer's interest in thePropertyunder the terms of this Swurftylms ment(b)isnotMsorul(yobligafed to paythe sums secured by this Securitylnstrumcnk and (c) agrees thatlender and anyotberBorrower can agree to extend, modify, forbear in make any aco mmodatiom with regard m thetermsofthis SecuritvinstusnentorftNom Withoutthew• If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan chargers collected or to be collected in connection with the Loan exceed the nermitted limits. then: rat one Borrower shall constitute notice to all Borrowers unless r address shall be the Property Address unless Borrower has dl IOWA -Slog], PoMIy-Fando Mae7rid4le Mae UNIFORM WSMUM6Nr W43 CV (rAr) (- nection with this Security Instrument must be in int shall be deemed in have been given toBorrower notice address if sent by other meant. Notice many e Law expressly requires otherwise. The notice a substitute notice address by notice to Lender. U.3036 1101 rPa%<6of9pµper) Creative TldnMng, Ino MMOR 02J09a0) ria �-J ._ Ar N Burrower shall promptly notify lender of Borrower's change of address. If fender specifies a procedure for reporting Borrower's change of address, then Borrosvcr shall only , report a change 5address through that specified Thum be one desiggnnated this procedure. may only notice address under Security lnstrurnmat anyone time. Any notice o Lender shall be given bydelivering it mby mailing itbyfirstdassmal to Lender s address stated herein unless Lender has designated another address byy notice to BOMUMT. An yy notice in connection with (his Social Instrument shall not be deemed nohave been given to Lendu =fit actualyreceivedbylader. Ifanytlod a required by tis Security Instrument is also required under Applicable law, the Applicable law requirement willsadsthe corresponding requirement under this SewntyInstru ne r. 76. Governing Law; Rules Construction. This Security ovembWty; of Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained In this Secmhylastrumentam subject to any requirements and limitations of Applicable Law. Applicable law Mghtexpiicitlyor - implicitly alowtheparties m egrce by wntrnct or it Mghtbe at, but such silence shall not be construed as aprohibition against entbytontmct. Indira even[that tiny or clause ofthis Securitylnstnunent the Note coMicmwith provision or AppliabW, Such Conflict sMil not fltiect other provisions of this Security Instrument or the Note which can be given N c (without the mnflic6ngprovision. Asused in this Security[nstrumenb(a)woNa of the mashalineandu &hall croeversad'tu �_ c..� wordsm words of We feMina gandu;(b)wOrds in the singular and include the pima and vice vusa;1=che word "may gives sola discretion wiMmrt anyoblgation to take any action. my R,o 7. Borrower's Copy. Borrower shall be given one copy of the Nom and Of this his Section iS. Transfer of the Property or� Benefltial InterestmBorrower. n I8,1rae N v —e nusedinthis, these beneficial Property" memos any legal or beneficial interest in the Property, including, but not IiMted o, Mose bernficial inteseam interests transkried in a bond for deed, convect for deed, installment sales intentof is ,', r J contractorescrow agreement, the which the Vanskr of tide by 8ouowu at a fu[urc due o apurchaser. --7 + Ifallor anypartofthe Propertyor anyInkratin the Avpetty is sold or transferred (or ifBorrowu is nwa natural person and a bout, tial interest in Borrower ms sold or transferred) without Imiler's rim written consent, Lender may regmre immediate payment in Poll of all sums secured by this Security Instrument waver, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lendamercisesthisoption,Lendushall give B=owermticeafacceletadon.Thenoticeshallprovideapedad - tV of not less than 30 days from the dam the notice is given in aaerdmY.e with Section 15 within which Borrower must pay all by Security Instrument. sums secured this If Borrower fails m me pay these same prior to the expiration ofthis period, Lender may invoke any remedies pernifled by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Alter Acceleration. If Borrower mects certain conditions, Burrower shall have the right to have enforcement of this Security Ins trument rfimatinued at any time prior to the earliest of (a) five days before sale of the Property Pursuant many power of sale contained in this Security Instrument; (b) such other period as Applicableiaw dight speufy hu the termmatfon of Borrower's tight to reinsmm; or (c) entry of ajudgmentenforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which rnwoutd be due under thisSecuritylnstrument and the ote,as Won acceleration had occurred;(b) arms anydefault of any other covenants ar agreertnnm; (c) pays all expenses incurred in enforcing this Security Instrument, including, but net tiM[ed m, reasonable mmrneys' fees, property insppection and vnlumion fees, and other fees incurred for the perrpose of pnaeetlng Lender's interost in Me Property end rlm unUar this SecurityInstrument; and (d) takes such action as Lender may reasonably requiro to assure Mat lender's mmrut in the Property and rights under tlus Security Inswnwnt, and BarroweY'S Obligation o pay the sums secured by Mis Severity Insuumrn4shall continue uncbanged. Lender mayrequire Mat Boriowar pay such leinsotement sums and expanses in Doe or more of the following forme, as selected byy Lender: money order, (c) certified check, bank check, treasurer's check orcashiu's check, provided anymch check is drawn upon an insbmtion whose de Osim are insured bya federal agency instrumentalityor entity; or (d) Electronic Funds Transfer. Upon by Borrower, Mis Socue. Instrument reinstatement and obligations secured herebyy shall remain fully eficruve as i no accelaafion h occurred. Hawewu. Mis right to reinstate shalt notapply in thaalse ot'accelerationuader Section 18. 20. Sale of Note• Change of Loan Servlmr; Noticeof Grievance. The Nom or a partial inmrem in the Note (together with this Securityinsnument�an besoldorworrmre times withvp,.,iornodceto Borrower. AsamMghlresult inachangeineentity(knrown th as the Loan Suviar) thatcollecm PeriodicPaymenvdueunderthe Noteandibb Security Irutrumenland performs other mortgage loan servicingobliSntions under the Now, this Securhylnstrumen4 and Applicable Law. There also M ht be one m more changes of Me Loan Servicer unrelated o a sale of the Note. If there is a change of the Loan Servicer, Iiormwer will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPAuiresinconneaionwith a notice of transfer of servicing. If the Note is sold and tbereaftu the loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to asuccessor Loan Servicer and are notassumed bythe Note purchaser unless othexwiseprovided by the Note purchases. Neither Borrower nor Lender may commence, join, or bejoined to any judicial action (as either an individual ltigantor tin member ofaclass) that arises from the other party's actions pursuant to this Secmilylmtrumentorthatalleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, unfit such Borrower mltndu hasnoti6w Me other party(wilh such notice given in compliance wind Meregtiromenm ofSection 15) of such alleged breach and afforded the other Party hereo a reasonable period after the giving of such notice to take corrective aedoa. If Applicable law provides ¢arts period which nous[ elapse before certain action can be taken, that time period will be deemed m be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure van to 8orrowu pursumn[ o Section 22 antl the notice ofoecakravon given to Borrowerpursuant to Semon 18 shall be ed o0the notice and opportunity [o take corrective action provisions of his Section 20. - 21. Hazardous SubsWncea. As used in thisSection 2l: (a)"Hazardous Substerars"am[hasesubstances defined ae toxic oh substances, pollutants, or oases by Bvvironmental Law and he following substances: gasoline, kerosene. oUnr flammable or Dart petroleum products, tors prs[iddu and herbicides, volatile solvents, materials containing asbestos orformaldthyde, and radioacuve materials; ((bb) "Environmental Lame' means federal laws and laws of thejurisdiaion where the Property is located Matrelam m Leath, saktyor environmental pmoection; (c) 'EnvirorursnWl Cleanup" tali anyy response action, remedial action, or removal action, as defined in Environnrenfal Law; and (d) an 'Environments! Condition' means a condition Mal an ease, contribute m, m otherwise trigger an P.nviromnmtal Cleanup. Bummer shall not cause or permit the presence use, disposal, storage, or mime otanyIazardous Substmocs, or threaten to release any Hazardous Substances, on in the Pr. Borrower or shall or do, nor allow anyone else m do, anything affecting the Property (a) that is in violation of any vrronmrntal law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, awl" a condition that adversely affects the value of the Property. Theprcceding two sentences shall not apply o the presence, use, orsmrageon McProput ofsmul quantities ofLlazmrdous Substances Mat are gensrallyrecognize tobe appropriakmnormal residential usesandW oerty(includingBrshatpromptlgiveanygovernmentalorregulatoryavironinentaEwofwhch immature Borryspiliing,leaking, dischmge, releaseathreatofrelease ofany Hazardous Substance, and (c)anycon aioncausedbythe IowMs,Kk Holly-pa,mie Mud&i Mx tMfrORM INSTRUMENT abrin ams 1101 (podr aaf9pageeJ "acv r M, 4melive Thimki,ra, lar. oororamag.;n use or release of aHa tardous Substance which adversely affects the value of the Property. IfBonnwer ry anyy governmental or re Wmory audloriQi or any private party, that say removal or other remedin Use bstance affecting the Propperryis necessary, Borrower shall promptly mire all necessary remedis a with Environmental Law. Nothingherein shallcreate anyobliganon on lender for anEnvirmarent. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration st be cured; ens m (d) that Wilure to rare the detaul[ on or before the date sReeed th in e notice may a tkm of the sums secured by this Security Instrument, fomelosure byjudidal proceeding and sale of The notice shall further inform Borrower of the right to reinstate after acceleration and the right to or on or 23. Release. Upon payment of all sums secured by this Securitylnstrumen6 Lender shall release this Security Instrument fender may charge Borrower a fee for releasing this Security Instrument, but only ifthe fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower relinquishes all right mdower mel waives all right ofhomestead mid distributive share in _ Jane 18, 2007 Jeremiah Fin [Date] [Dam] 26. Redemption Period. If the Property is less than 10 acres in size and Lender waives ceeding any right to a deficiencyjudgmen[artist Borrower, theperied of redemption fromjudicial months. If the court finds that the Prouem has been abandoned by Rnrmwar and TnnMr vaivaa i to conform to the TERMS OF BY SIGNING BELOW, Borrower accepts and agrees to the corms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) Borrower J miah Finley (Seal) Borrower Borrower Borrower IOWA -Siting Family-GannieMnr/Fwalaie Wnc UNIFORM 1N=TJMRW Faa.3016 601 rpgge 8a(9rapar) 9742.CV (7Mj Crra i,e TMaldng, Inr. G0To(=30aee) IV STATE OF Iowa COUNTY OF Johnson [Space Below This Line For Acknowledgment] ss: Onthis 18th dayof June 2007 before me, the undersigned, a Notary public in and for said county and state, personally appeared: Jeremiah Finley, a single version to me personally known to be the pers rn(s) nzncd in and who executed the foregoing instrument, and acknowledged that he executed the satins, as his voluntary act and deed. My commission expira:031092010 w10p ERIC 1 AUIlr R7M G a 1 a L Commission ami 7273171 Notary Public in a/dCamly and Sure vk iAX Co Ion Fxpires Eric P Baumgartr roan 9 ISpace Below This Line Reserved For Lender and Recorder IOWA-Sin].F ?a ]FhoW Mm4Fredit Mac UMORM INnIVIIdENT W42CV (]pI) - k F4m3a16 M1 (PAge9c/9Dare,) Gn(Ivc ThlnkiM, Enc. OOTO(OWWzr) N O 4) rri ...e •'Fl rn i 7. • N Prepared by and RETURN TO: Iowa State Bank and Trust PO Box 1700, Iowa City, IA 52244 telephone 3193503900 Tale of Document Rider to Mortgage Grantor: Jeremiah D Finley (bonower(a)) Grantee: lava Slate Bank and Trust Company (lender) RIDER TO MORTGAGE This Tax -Exempt Rnancing Rider to Mortgage, made the date acted below, is incorporated Into and shag be deemed to amend and supplement the Mortgage of the same dale given by the undersigned (fie "Mortgagor) to secure the Mortgagor's Nota to Iowa State Bank and Trust ((renin, the 'Lender") and covering tha property slum bed lathe Mortgage (me "Properly') to which this Rlder Is attached, The provisions hereof shall prevail notwithstanding any contrary provisions In any note or other instrument which evidences the obligations secured by the Mortgage As long as the Mortgage Is held by the Iowa Finance Authority or backs a mortgage-backed security, held by the Iowa Finance Authority, Countrywide Home Loans, Inc. (the'Servicer) or such at Its successors or assigns as may by separate Instrument assume responsibility for assuring compliance by the Mortgagor with the provisions of this Rider, may doom all sums secured by Iho Mortgage to be Immediately due and payable if. (1) all or part of the property Is sold or otherwise transferred (other than by devise, descent or operation of law) by the Mortgagor to a purchaser or other transferee: a, who cannot reasonable be expecad to occupy the property as a principal residence within a reasonable hme alter the sale or transfer, all as provided in Section 143(c) and (1)(2) of the Internal Revenue Code of 1888, as amended (the "Code'g; or b who has had a present ownership interest In a principal resilience during any part of the three-year period ending on the date of the sale or transfer, all as provided In Section 143(d) and (i)(2) of the Code (except that the language 100 percenr shall be substituted for "95 percent or non• where the latter appears In Section 143(d)(1)), unless the property Is In a Targeted Area, or c at an acquiel0an cost which is greater than 90 percent of the avenge area purchase price(greater than 110 percent for Targeted Area residences), all as provided In Section 143(e) and O(2) of the Code; or a who has a gross family Income In excess of applicable median family income, all as provided in Section 143(1) and (1)(2) of the Code, or (2) the Mortgagor teas, or ceases- to occupy the property without the prior written consent of the Mortgagee or Its successors or assigns; or (3) the Mortgagor omits or misrepresents a foci fiat Is material with respect to the pmvLnions of Section 143 of the Code In the application for the Mortgage which secures the Note. References are to the Code in effect on the date of the execution of the Mortgage and are deemed to Include the applicable mlplemenling ragufalluns. By signing below, the Mortgagor(s) accepts and agrees to the term of the Rider to Mortgage Date: — 1 — O a Bar w r o -Borrower Jsremia DFinley Typed Name Typed Name This instrument was acknowledged before me on OM404 ERIC BAWGARTH Commission Number 727317 MY�rpq , t Ion Ezplms L� N Prepared by and RETURN TO: Iowa State Bank and Trust PO Box 1700, Iowa City, IA 52244 telephone 3193503900 Tale of Document Rider to Mortgage Grantor: Jeremiah D Finley (bonower(a)) Grantee: lava Slate Bank and Trust Company (lender) RIDER TO MORTGAGE This Tax -Exempt Rnancing Rider to Mortgage, made the date acted below, is incorporated Into and shag be deemed to amend and supplement the Mortgage of the same dale given by the undersigned (fie "Mortgagor) to secure the Mortgagor's Nota to Iowa State Bank and Trust ((renin, the 'Lender") and covering tha property slum bed lathe Mortgage (me "Properly') to which this Rlder Is attached, The provisions hereof shall prevail notwithstanding any contrary provisions In any note or other instrument which evidences the obligations secured by the Mortgage As long as the Mortgage Is held by the Iowa Finance Authority or backs a mortgage-backed security, held by the Iowa Finance Authority, Countrywide Home Loans, Inc. (the'Servicer) or such at Its successors or assigns as may by separate Instrument assume responsibility for assuring compliance by the Mortgagor with the provisions of this Rider, may doom all sums secured by Iho Mortgage to be Immediately due and payable if. (1) all or part of the property Is sold or otherwise transferred (other than by devise, descent or operation of law) by the Mortgagor to a purchaser or other transferee: a, who cannot reasonable be expecad to occupy the property as a principal residence within a reasonable hme alter the sale or transfer, all as provided in Section 143(c) and (1)(2) of the Internal Revenue Code of 1888, as amended (the "Code'g; or b who has had a present ownership interest In a principal resilience during any part of the three-year period ending on the date of the sale or transfer, all as provided In Section 143(d) and (i)(2) of the Code (except that the language 100 percenr shall be substituted for "95 percent or non• where the latter appears In Section 143(d)(1)), unless the property Is In a Targeted Area, or c at an acquiel0an cost which is greater than 90 percent of the avenge area purchase price(greater than 110 percent for Targeted Area residences), all as provided In Section 143(e) and O(2) of the Code; or a who has a gross family Income In excess of applicable median family income, all as provided in Section 143(1) and (1)(2) of the Code, or (2) the Mortgagor teas, or ceases- to occupy the property without the prior written consent of the Mortgagee or Its successors or assigns; or (3) the Mortgagor omits or misrepresents a foci fiat Is material with respect to the pmvLnions of Section 143 of the Code In the application for the Mortgage which secures the Note. References are to the Code in effect on the date of the execution of the Mortgage and are deemed to Include the applicable mlplemenling ragufalluns. By signing below, the Mortgagor(s) accepts and agrees to the term of the Rider to Mortgage Date: — 1 — O a Bar w r o -Borrower Jsremia DFinley Typed Name Typed Name This instrument was acknowledged before me on OM404 ERIC BAWGARTH Commission Number 727317 MY�rpq , t Ion Ezplms AFFIDAVIT STATE OF IOWA ) SS COUNTY OF POLK ) I, Benjamin W. Hopkins, state that I am one of the attorneys for the Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney fees to be taxed herein. I certify under penalty and perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated this 21st day of Fek Exhibi Ci '~ e ` N ir- a� !V 50382 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665: JUDGE, Sixth Judicia District,. EQUITY NO. EQCV075314 DISMISSAL w Plaintiff,: VS. n� -In O o JEREMIAH FINLEY; _ y ` CITY OF IOWA CITY, IOWA; c op r ; Defendants.: Z c) NOW, on this = day of 2013, the cn` Plaintiff's Motion to Dismiss and for for Relief From Rule 1.99 p coming before the Court, and after inspection of the Motion and the files and records in this cause the Court, being fully advised in the premises, FINDS that the Motion should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this matter be and hereby is dismissed without prejudice and that said dismissal shall not be considered in computing the 2 voluntary dismissals generally allowed under Iowa R. Civ. P. 1.943. Date:--- Maled To: j-�-.. Vl�^ By: _ — ClerkO ice ersonnel Resl.. sbie forMilling Document SW Off_ JUDGE, Sixth Judicia District,. Iowa o` w n� -In O man r _ orn C4 v c 0 SW 50382 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665: EQUITY NO. EQCV075314 MOTION TO DISMISS Plaintiff,: AND FOR RELIEF FROM RULE 1.943 VS. RECEIPT FOR COSTS JEREMIAH FINLEY; CITY OF IOWA CITY, IOWA; Defendants.: COMES NOW Plaintiff and hereby moves the Court for an Order dismissing Plaintiff's Petition without prejudice and with relief from Iowa R. Civ. P. 1.943 and in support thereof states: 1. Plaintiff seeks dismissal of this action however the subject mortgage remains unsatisfied. 2. It is therefore in the interest of justice that said dismissal be without prejudice and that the Plaintiff be granted relief from the two dismissal rule set forth in Iowa R. Civ. P. 1.943. 3. Plaintiff hereby makes receipt for all court costs. N O C) C-) n �-- r T ■ 4 �� r �m = m N D N N 50382 WHEREFORE, Plaintiff prays that the Court dismiss this matter without prejudice and that the Court provide Plaintiff with relief from Iowa R. Civ. P. 1.943. PETOSA,,;IPXOSA & BOECKER, L.L.P. M 9 ins AT0003573f S ree , Suite 100 503 8308(515) 222-9400(515) 222-9121ronic@petosalaw.com PLAINTIFF N O tai C -)-t r �"' m t N N CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on [X , - Q 1 , 2013. Z U.S. Mail ❑ FAX ❑ Hand Delivered ❑ Overnight Courier 0 Certified Mail 0 Other: , 50382 Copy to: Jeremiah Finley 2844 Brookside Dr. Iowa City, IA 52240 City of Iowa City, Iowa C/o Iowa City City Clerk 410 East Washington Street Iowa City, IA 52240 N O � W T i l y --A C') m -v s N CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on [X , - Q 1 , 2013. Z U.S. Mail ❑ FAX ❑ Hand Delivered ❑ Overnight Courier 0 Certified Mail 0 Other: , END OF CASE FILE END OF CASE FILE Af IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A VS. JEREMIAH FINLEY; CAVALRY PORTFOLIO SERVICES LLC; CITY OF IOWA CITY, IOWA; 94-1687665: Plaintiff,: Defendants.: 47600 EQUITY NO. EQCV074623 MOTION TO DISMISS AND FOR RELIEF FROM RULE 1.943 RECEIPT FOR COSTS COMES NOW Plaintiff and hereby moves the Court for an Order dismissing Plaintiff's Petition without prejudice and with relief from Iowa R. Civ. P. 1.943 and in support thereof states: 1. Plaintiff seeks dismissal of this action however the subject mortgage remains unsatisfied. 2. It is therefore in the.interest of justice that said dismissal be without prejudice and that the Plaintiff be granted relief from the two dismissal rule set forth in Iowa R. Civ. P. 1.943. cc : C(V'- Cts 3. Plaintiff hereby makes receipt for all court costs. v O � �. 47600 WHEREFORE, Plaintiff prays that the Court dismiss this matter without prejudice and that the Court provide Plaintiff with relief from Iowa R. Civ. P. 1.943. PETOSAJ PETOSA & BOECKER, L.L.P. Benj i W. opns AT000 73 135 3 tr et, S to 100 Cli a 5 325 830 Te 515) 2-9400 F i le: (515) 222-9121 E 1 electronic@oetosalaw.com ATTORNEYS FOR PLAINTIFF N O =<m7-3 -v G O=� N %'' N Copy to: Jeremiah Finley 43 Regal Lane Iowa City, IA 52240 Cavalry Portfolio Services LLC c/o CT Corporation System Registered Agent 500 East Court Avenue, Suite 200 Des Moines, IA 50309 City of Iowa City, Iowa City Clerk 410 East Washington Street Iowa City, IA 52240 47600 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their res ive adjr disckped on the leadings on 204.1 1ZU.S. Mail ❑ FAX ❑ Hand Delivered ❑ Overnight Courier 0 Certified Mail 13 Other: N O dry W -9 I CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their res ive adjr disckped on the leadings on 204.1 1ZU.S. Mail ❑ FAX ❑ Hand Delivered ❑ Overnight Courier 0 Certified Mail 13 Other: 47600 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665: EQUITY NO. EQCV074623 DISMISSAL Plaintiff,: VS. JEREMIAH FINLEY; CAVALRY PORTFOLIOLP SERVICES LLC; :•`-: CITY OF IOWA CITY, IOWA; Defendants.: NOW, on this 3 day of —ia h ww 2013, the vP Plaintiff's Motion to Dismiss and for Relief From Rule 1.943 coming before the Court, and after inspection of the Motion and the files and records in this cause the Court, being fully advised in the premises, FINDS that the Motion should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this matter be and hereby is dismissed without prejudice and that said dismissal shall not be considered in computing the 2 voluntary dismissals generally allowed under Iowa R. Civ. P. 1.943. 0 0 vi EC, Co .®• I V zz O o N `- Cc : 42 JUDGE, Sixth Judicial District, Iowa EVE61111 /-3-0)013 Copy to: Benjamin W. Hopkins 1350 NW 138th Street, Suite 100 Clive, Iowa 50325-8308 electronic®petosalaw.com Jeremiah Finley 43 Regal Lane Iowa City, IA 52240 Cavalry Portfolio Services LLC N c/o CT Corporation System Registered Agent _ 500 East Court Avenue, Suite 200 Des Moines, IA 50309 w' y! City of Iowa City, Iowa City Clerk u 410 East Washington Street =7 C�i Iowa City, I/A/ 15%2240. �j �G W N _ o O w' y! b ZZ =7 C�i CJ " o 0 END OF CASE FILE 52140 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665: EQUITY NO. EQCV075997 NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT VS. JEREMIAH FINLEY; CITY OF IOWA CITY, IOWA; Jeremiah Finley: City of Iowa City, Iowa: DATE OF NOTICE: Plaintiff,: Defendants.: November 27, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ec C'M �--i V'Lt r C -e. CA PETOSA, P OSA & BOECKER „ .L.P Benjam 'W, Hopkins AT0003573 1350 NW 1 th Street, Suite 100 Clive, Iowa 50325-8308 Telephone: (515) 222-9400 Facsimile: (515) 222-9121 ATTORNEYS FOR PLAINTIFF UjLLJ W4 N J% CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: BANK OF AMERICA Docket No 13-05374 State IOWA Vs. Court No EOCV075997 County JOHNSON DEFENDANT: FINLEY, JEREMIAH D Ref No Received 11/06/2013 DEFENDANT DEFENDANT FINLEY, JEREMIAH-SPOUSE OF CITY OF IOWA CITY Requestor(s) Phone HO PKI NS, BENJAMIN W (515) 222-9400 1350 NW 138 ST, CLIVE, IA 503258308 Name ICITY OF IOWA CITY Zone Party Type IDEFENDANT Phone Fax all Address CITY CLERK O w 410 E WASHINGTON Day c IOWA CITY IA t E -Mail tin vn Employer �� _ M Comments MNI Informaii Race Birth Date Height Eyes Notes Documents Document Serve by Dale OE PSR Description / Special Instructions ORIGINAL NOTICE AND El❑ PETITION Service Information Date 1 I — 6 ` k?; [ Time I / Party.MU V;c(y\ KCf ✓�� Race (� C-L,,'� Sex f DOB Miles \ Fee Officer rye Attempts Log Date Time Server Notes Notes: Printed: 0 Type Relationship C jY C l QsK Location (n C,-- U-641 'yl� f46i `7 I Date Time Server Notes Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A VS. JEREMIAH FINLEY; CITY OF IOWA CITY, IOWA; SPOUSE OF JEREMIAH FINLEY, IF ANY; 94-1687665: Plaintiff Defendants TO THE ABOVE NAMED DEFENDANTS: 53140 TY (0�599 IT ORIG NAL OTICE • N O CD C-? i � r .<m = o� D ut m You are notified there is a petition now on file in the office of the clerk of the above court. A copy of this filing is attached hereto. The Plaintiff's attorneys are Petosa, Petosa & Boecker, L.L.P., by Benjamin W. Hopkins, whose address is 1350 NW 138th Street, Suite 100, Clive, Iowa 50325-8308. The Plaintiff's attorney's phone number is (515) 222-9400, with a facsimile transmission number of (515) 222-9121. You must serve a motion or answer, within 20 days after service of this original notice upon you and within a reasonable time thereafter file a motion or answer, in the Iowa District Court of Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in disability, call the disability coordinator at Persons who are hearing or speech impaired may TTY at 1-800-735-2942. Disability coordinators legal advice. n court due to a (319) 398-3920. call Relay Iowa lON -XI 1c5 Clerk of the ,4 Johnson County Iowa City, Iowa Courthouse 522442510 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 52140 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665 �� M5q9 7 PETITION Vs. JEREMIAH FINLEY; CITY OF IOWA CITY, IOWA; SPOUSE OF JEREMIAH FINLEY, IF ANY; Plaintiff, 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 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. ti 0 O D CI) --� c:a C) own L C Z p Tri ck o� _ m THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE -FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS RESIDENCE BUT NOT A ONE -FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. 1 ti 0 O D CI) --� c:a C) -I n r ck o� _ m w 1 Plaintiff, Bank of America, N.A., for its cause of action states: 1. That the Plaintiff is a corporation doing business in the United States of America. 2. That on or about June 18, 2007, Jeremiah Finley, a single person, made, executed and delivered a promissory note in writing for the sum of $120,000.00 payable in installments, with interest at 6% per annum from such date (the "Note"). A copy of the Note is attached hereto and made a part here(V as C r" Exhibit "A". �n o 3w:; 3. That on or about June 18, 2007 in order to re p th r Z n payment of the Note, Jeremiah Finley, a single perscP (the 0 a Cn "Mortgagor(s)") made, executed and delivered to Iowa Stag Bank & Trust Company, a real estate mortgage (the "Mortgage") on the following described real estate (the "Mortgaged Property"): Lot Ninety -Three (93), Lakeside Addition to Iowa City, Iowa, according to the recorded Plat thereof. the Mortgage was filed for record June 21, 2007, in Book 4176 Page 467 in the Recorder's Office of Johnson County, Iowa. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". Said mortgage is a Purchase Money Mortgage. 4. That Mortgagor(s) subsequently executed a loan modification agreement wherein they agreed the unpaid principal balance on said mortgage was $122,177.07 with interest at 3.250% per annum from July 13t, 2010. is 5. That the Mortgaged Property is and at all times relevant hereto was the homestead of the Mortgagor(s). 6. That the Plaintiff has the right to enforce the Note and Mortgage. 7. That the Note and Mortgage provide that if default be made at any time in payment of any installment of principal or interest, at the election of the Plaintiff, all indebtedness, without notice of such election, shall become immediately due and payable; that the Plaintiff by reason of the failure of the Mortgagor(s) to pay said installments, declares the Note in default, that there is now due and owing the Plaintiff the sum of $116,580.74 with interest at 3.25% per annum from and including December 1, 2011 plus late fees, attorney fees, abstract expense, protective advances and costs. 8. That the Plaintiff has given the Mortgagor(s) all required notices, including notice of right to cure said default and notice of acceleration required pursuant to Iowa Code Section 654.4B(1). c uu n 9. That the time to cure the default under Iowt*w as now expired. rn = M O'er Q 10. That said Note and Mortgage provide that if t� t 5e commenced thereon, Mortgagor(s) will pay reasonable attorneys' fees. An attorneys' fee affidavit is attached hereto and made a part hereof as Exhibit "C" 3 11. That the Plaintiff now hereby in writing waives any right or claim to a deficiency judgment against the Mortgagor(s). That the Mortgaged Property is the residence of the Mortgagor(s) and is a one -family or two-family dwelling. The Plaintiff hereby elects to foreclose without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment, unless the Mortgagor(s), pursuant to the Notice set forth above, files a written demand to delay the sale, in which event the sale shall be delayed until six months after entry of judgment. 12. That the following parties are named as Defendant(s) because they claim some right, title or interest in the Mortgaged Property, including, without limitation a right, title or interest as described below but any such right, title or interest is junior and inferior to the interest oQ c� a Tl a� c Plaintiff: n -c i r... =1C� rn • City of Iowa City, Iowa, Judgment, dated 00 Dea25 rn 2005, filed October 25, 2005, ICSMSM063275, fjWe, surcharge and costs a to ao • Spouse of Jeremiah Finley, if any, for any interest in the subject property. 13. That the Mortgage provides that any time after the proper commencement of an action in foreclosure or during the period of redemption, the Court having jurisdiction of the case shall, at the request of the Plaintiff, appoint a receiver to take immediate possession of the Mortgaged Property and of the 4 rents and profits accruing therefrom, to rent the same as he may deem best for the interest of all parties concerned and shall be liable to account to the Mortgagor(s) only for the net profits after application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness, charges and expenses hereby secured and herein mentioned. WHEREFORE THE PLAINTIFF PRAYS THE COURT: 1. That the Plaintiff have judgment in rem against the Mortgaged Property for the amount of unpaid principal and interest on the Note, as provided in the Note and MortgagLo and O for late fees, attorney fees, abstract expense, protoav� 'T1 C-)-< (� advances and costs. Cn �rrn = Rl 2. That a receiver be appointed immediately to QC L,6ire� ss�� .• cn of, manage, lease and collect the rents from the Mortgaged Property, and to apply the same in payment of costs and expenses of said receivership, repairs and expenses of said real estate, accrued and accruing taxes and special assessments, insurance premiums, and in partial payment of the judgment to be entered herein. 3. That said judgment, together with interest, late fees, attorney fees, abstract expense, protective advances, costs and accruing costs be decreed a prior lien upon the Mortgaged Property from the date of the Mortgage, and that all rights, interests and equities of all Defendants to this suit be 5 declared junior to the right, title and interest of the Plaintiff. 4. That in the event Plaintiff is required to make protective advances, including without limitation, advances for taxes or insurance on the Mortgaged Property, the Plaintiff be given an additional lien thereon for such amounts so advanced, which shall be included in the judgment to be entered herein. S. That the Mortgage be foreclosed and the Defendant(s), equity of redemption be barred and foreclosed save as guaranteed by law. That special execution issue for the sale the Mortgaged Property to satisfy said judgment, interest- late CD fees, attorney fees, abstract expense, protective adccj9ancin -4 costs. �r -v M rn 6. That special execution issue to satisfy sai(5Rdg�.endo interest and attorneys' fees, and accruing costs herein, rd the Mortgaged Property be sold according to law to satisfy the amount due under the Decree issued by this Court and the Defendants herein or anyone claiming by, through or under them, be forever barred and foreclosed of any interest in the Mortgaged Property, except such rights of redemption as provided by law. 7. That if the Mortgaged Property is sold and not redeemed, the Clerk of this Court shall issue to the Sheriff of said County, a writ of removal and possession, commanding him to put the grantee named in the Sheriff's deed for said 6 premises sold, or his grantee, in possession thereof, and to remove any Defendants, or persons claiming by, through or under any of them, or any person in possession thereof out of such possession. S. That the Plaintiff has elected foreclosure without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment or in the alternative, if a written demand for delay is filed, the sale shall occur six months after entry of judgment. 9. That the Plaintiff be granted such further relief as may be just and equitable. PETOSA,/P/WSA & BOECKER, L.L.P. ////////// �. ., 00� 11"AFOINM, =Suite 100 7 ne: (515) 222-947-0 le: (515) 222-9121 electronic@petosalaw.com N O 0 D� awl < C-)-< -1cr a, r rn � cn 0 C-) NOTE -In rn o;:o June 18, 2007 low City ,Down )Date] (Cayl (Smd 47 Reeal Lone Iowa City, IA 52240 (Property Addms) 1. uORROWER'S PROMISETO PAY Insclum fon loan that l havercccived, I prumisclopayU.S.$120000.00 (this amountls Called 74incipal'y plus Inwruh to the order of the L hdcr. The lender is I SII Bank and Truxt ! will make all payments under this Note in the form ofeah, check or moncyorder. I understand that the lender mayvansfenhis Now. The Landeror anyonewho takes this Now by transfer and who is entitled to receive payments under this Nom is called the "Note HoWcr:' 2. INTEREST Interest will be chuged an unpaid principal until the full amount or principal has been paid. I will paylnw,cat at a )tatlyrate of 4,000%. The Interest tale required bythii Secdnn 2 is the rate 1 will pay both before and after anylldoull described In Section 6(5) ofWs Note. 3. PAYMENTS (A) Timcand Ploceaf Poymcnks t wilt pay principal and Imcmel by making a payment every month. l will make my monthly paymcnt on the Ice day of each month beginning an August let 2007 .Iwill make these payments.very month until I have padd all of the principal and imuest and any othercharges described below that I may awe under this Note. Each monthly payment will be applied a of Its scheduled due data and will be applied to interest before Principal. if, an hdy lel 2037 ,l still owe amounts under this Now, i will paydmse amounts in full on that dale, which Is called the "Maturity Dale." I will make my monthly payments at 3255 Clinton SI PO Box 1700 Iowa Cllr, IA 52244 m 0 4 (IRewm place if required by the Note Holder. and to me. A yVayment of Principal only is known a a am doingso. 1 moynotdesignaleapaymenta m:nl charge. The Note Idoldcr will use my m Note He lder stud OFF ppl)) my liepa}}mcnt m the vat reducethe P,mvpala wdorthe Now. If 4my momhlypayenenl unfess the Nom Halder lylnarmen: sodtakthe iIoamc orotherlasn hmta,dms ((reanysudllmnRom me wtuch )any sums dbyreducing the Rom me which kc Nu refundm.111d a the PrincipalIowe nl, the reduction will be vested as a penial If the Note Haider hatnok(uedydlilull�mWnl of my monthly payment by the end of IS calendar days after the dale It is due. I will pay late charge to the Now Holder. The amount of the charge will be 5.41110% afmyoverdue payment of principal and Interest. I wlllpayNisllme!cllokgVprompdy but only once on each late payment.. t01 Default C'1.`4 "L T''3 If I do not pay the full onsounhgf each (nonlhlypay nkrd on the date it is doe. I will be In default. Iflam in J:lau11, the Noll Ho Ide%inlSy en�ifM1rtawrinen notice telling me that III dono( pay the overdue amanm by acertain Jaw, rite Now Holder may regbifci6etopSyVAmwdimelydw fullpmount Pfineipal whichhas not been paidandaltheinumel LhalI owe on that amount. That date must be at Part 30 days after the dile on which the notice Is mailed to me ordeilmned byoiher means. (0) No Waiver By Nate [folder Even if, at a lime when I am In &121111, the Note Holder does nes require me to pay immcdialely in full as described above. the Nom Hold:nvill still have the rigght to do so In um in default at a later lime. (E) Payment of Note lloldrrs Casts and Drama If the Now Halder has required me to pay immedmclp in full as described above, the Nolo Holder will have the right be paid back by me for all p or its frosts Lind expected m enforcing this NM W the extent nut prohibited by applicable lid. Those eapcmes Include, CVING OPINOT(CfSle attorneys' fru. Unless applicable law requires a different meOmd, any notice that must be given to me under this Now will begiven byddiverinl1•,, it of b77��.. mailing It by fsnl class mail to me of the Property Address above or at a different address 111 give the Naw Idolder a nods of my diRcrem address. Any notice that must be given to the Now Halder under this Now win be given bydelivering it or by mailing9 tbyfratctaumall to the Note Holder at theaddress slated In erection ](A) above or at a different at address d(om given o noticaof WI different address. 11. OBLIGATIONS OF PERSONS UNDER TS(is NOTE If mate than one person signs Ibis Note, each person is fully and personally obligated to keep all of she promises made in this Nelq including the promise to pay the full amount owed. Any crsun who is a guarantor, surety or endorser of this Naw is also obligated to do these things. AnypunonwhowltuoverthaaobIRgcWors. Includngmeobllganons efaguuamor, surcryryorendaw trills Note. Is also obligated to keep all of the promises made In Nis Nor.. The Nom Halder mryenforu its rights under this Note hIULTorrAIY YL{Ael fMlr— I ' - N II VIII III III e 0 I tT agaimt ach penan indlviduallyor agaiml all ofus wgclbee This means that anyone of us maybe required to pay all ofthe amounts owed underI is Note. 9. WAIVERS I and anx other11xx++son who has abli55lions under ibis Niue wave the rights of Presentment and Notice of Dishonor. "Presentment mesons freight lorequhe the Yole Holder to demand paameni ofamounu due."Notice otDishonor" means the right to reqqu�lre the Note Halder to give notice to other person that amounts die have not been paid. 10. UNIFORM SECURED NOTE This Nue is a uniform instrument with limiicd vuiadotu in somej)urisdietions. In addition to the pimccliom liven to the Note Holder under this Note, a Montage. Dead of Trust, or Security DUJ (the'Sccudly Inslmment"), dated the same dateat this Note, protecu the Nate Holder from possible loses which might result it I do not keep the promises which 1 make in this Note. That Security instrument describes haw and under, hat conditions I maybe required to make immediate payment in full of all amounts 1 awe under this Note. Same of those conditions arc described as follows: Ifoll or any pan oflhePmpcayor my Interest In the Property is sold or transferred (or IfUanower ism A natural person and a beneReial intnul in Donowcr Is sold or transfcned) without lender's prior written runner nonce or aema to on uorr, e%mr. WITNESS Tiff HANDS) AND SEALAS) OFTHO UNDERSIGNED. (Sal) LLmlo"v a endah Finley (Sal) (Sal) 0ano.v (Sal) G.wo WITHOUT RECOURSE PAY TO TIIE ORDER OF Countrywide Donk, FSO Iowa Stale Dank and Trust Cempnny t'eggy oc ta�'lud'resldcnl � •.LYJQ53LV 0 iii 3.YIIlaII3 ti/iaSalld 3zlW\Yl Y.ahYV153P,N:ae tllaln iYlM 'hnarH! 'at^pT1J � =•T>i!F ^. Inp� 1D hISM0131m113WaaYp�rN 6Sa YY.Dia•AUYl:lga sswwytl tnuluu s,•vnwra lrelum �m GN rM D aalrnl03U alAYd tl?s 311U01AVI Wals!a3LL OlAve ISI`rl Orltlnnl Only/ 110�is1 i7tti41m EiBY�M 1 A11A rSfAW PUWM nX0nc—ale;k funlrreraJe ALr/rMLIha1�VYPOWI wjm11N11:\i ,,rcalhl'e ialn4lnp In<. 0 c.a C -J-< �, r �m -o A11A rSfAW PUWM nX0nc—ale;k funlrreraJe ALr/rMLIha1�VYPOWI wjm11N11:\i ,,rcalhl'e ialn4lnp In<. 10 llVlililillilllllliulllllll�illilllilillilli CooID: 020887270010 Tyoa: CEN no 0rood: 0"0/21/2007 11 11:x7:54 At Poo Amt: 853.00 P.oe 1 of l0 3ahneon County fay. Kin Painter Cae.ty Recorder ER4176 PG467-476 -gin (Space above reserved for Recorder or Deeds certiricalimQ Prepared By: CallmincM f•rnna lona State Balk and Trust Company 325 S. Clinton St PO 0011700 lova City, IA 52244 (319) 356.5960 tYhen Recorded Return ro: lova Stn le Baak cold Trust Company 335 S. Gluon St PO Bos 171111 Lava City, IA 52244 I. Title or Document: MORTGAGE 2. Gnmor(s): Jeremiah Finlay, a single person 3. Gmmec(s): Iowa State Bunk and Trust Company 4. Statutory Mailing Address(s): 325 S. Clinton St 100 Box 1700 loss City, IA 51.244 S. Legal Description: Page 3 6. Parcel ldenu0cation Number. 7. Docmnont or lnsuumcntll: L Crr..hr TLInId.1, Ine. A G W G7� tT � n V y' Lm tD A PURCHASE MONEY MORTGAGE MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined helmv and other wards are defined in SectionsJ, 11,13. 18,20 and?!. Certain rules regarding the usage of words used in this document are also provided In Section IG. (A)"Security Inst rument" means this document, which is dated June 1801 2007 ,Mgedhenvids all Riders to this document. (B) "Borrower" is le,elutill FI ler a single n Borrower is the mortgagor under this Security Imtrunhent. (C) "Lender" is ltux:hSmtelianl:asuLJ''riva uwpaity . lender ua)rnmsyntlma orCan izedaneueis:;ng:rdvr die Isom aflecWse nr Iowa Under's address is 311_<,j, r judia, it PO a�L7IIllluscu_City:,.l:1 224.4 Lender is the inorsgagee under this Security instrument. (D) "Note" means the promissory note signed by Borrower and dated _Mune 15th 11002 . Thu Noty states lh( Borrower owes Lender One fl Bred Twenty Thnnemmlar I mNIrun Dollars (U.S. $1MMUll 1 plus intcress. Borrower has promised as pay this debt in regular Periodic Payments and to pay Ilut debt in full act later than lull, 1.'10_:7 (L) "Property" means the property chat is described below under the heading" I"famfcr ofRighs in the Prope tv" (F) "Loan" means the debt evidenced by the Note, plus interest, any preft3ymenteharges nod late charges dueunder die Note, and all sums due under this Securitylnshi nenl, plus interest. (C) "Riders' means all Riders to this Security lnsuoa:emilu; arc executed by Borrower. 'Nle following Riders are lobe cxxautd by Bormwer [chock box as applinble): ❑ .Adjustable Rate Ridcr ❑ Condominium Rider ❑ Second Noose Rider ❑ Selloon Rider ❑ Plaamed Unit. D<celapn¢m Rfdvr © OC:u (s) Ispcciiy) a;rc s: rrntp� ❑ 1•4F.w0yRidcr ❑ Biweekly Payienl Ridcr Einamisr, Rat•. (F) "Applicable law" means all comrolling applicable federal, state and local statutes, regulations, ordinances and udminis'uativc rules and orders (tha(have the effect of law) as well as all applicable final, romappcalablejudicial opinions. (1) "Conn lion fly Assocla lion Dues, Pees, and Asmarsmenls" mean all dues, fees, asscssmt, to and othcrehmges duture imposed on Barrowvr or the Propony by a condomimum association, homeowners association or similar organization. (J) "Electronic Funds Transfer' means any transfer affunds, other than a lmnsaalion at ,inaled bycinch. draft. or sh filar paper instrument. which is initiated through an electronic terminal, telephonic instrument, computer, or magnetc tape sow to order, instruct, or authorize a financial institution to debit or credit an account. Such Term includes, but Is not limited to, pointrobsak transfers. automated teller machine transactions, transfers initiated by telephone, wine transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are eescobed in Stenion J. (L) "TtisWl.neuus Proceeds" means any eompensa[ion. smilemeal, award of damages. or proceeds paid byattyddnl party (other than insurance proceeds paid muter the coverages described in Section 5) for: (i) damage to, ur dasuuction of, the Property; (ii) condemnation or other laking of ull or any part of the Prepcny; (Iii) conveyance in heu of coadem;mdon; or (iv) misrepresentations of or omissions or to, she value and/or contlion oe Ino Property. (h 1) "hlorlgage Insurance" means insurance protecting Lender against ue non payment of, mdefault on. the Lo an. IN) "Periodic Par men t" means the regainrly scheduled amount due for (f) principal and interest under the None, plus (if) any amounts under Section 3 of tris Security Insuu rens. (0) r'RESPA" mems de Real Estate Settlement Procedura Act (I: U.S.C. 3250! et seq.) mid its Implementing regulation, Regulation K (24 C.F.R. Part 3500), as duty might be amended from Ome to time, or any additional or successor IeSisladon or regubion that governs the same subject matter. As used in this Security Instrument, "RES PA" refers to all requirements and restrictions that arc imposed in regard to a "federally rclmul mortgage loan" even If the Loan does not qualify as u "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrowr' means any party that has taken tide to the Property, whether or not that party lots assumed Bon owers obligations under the Noe and/or this Security Insirmaem. TRANSFER OF RIGHTS IN TF'IE PROPERTY This Security Instrument secures m lender: (0 the iepaymem of t e Wan, and all renewals, eascosiuns and inedilicanions of the Note; and (h) the performunco of Bwow'er's covenmus and.ipccnenu under Ihls Security Insuamcnt and it.. Nne. For oils purpose. Borrower ioccubly noulgages, grunts and wmeys to Under, wish power ofs_le, oche followingdaedbcd property located in the County of Johnson f1'ype of ReNrdmp Anisdkdnnl (Name of Rccerding)urisdicnlon) 1a\1'A.si9el-FaMM-Yunnn MetlONnne alr<I!W IOnM LVSThIL'MlNI Po-ma91e Vol fPne2"y9Y"zed Crcntlra TalnWaen tote. N 0 �-Ai E Cul Ninety-three (93), I.Plumide .Addition to lawn City, laws, According tothe recorded plat lhercaf. which cumuntly has the address of 43 Roenl Laos, [Sunt) Iowa City ,Iowa 52240 ("Plopony Address"): (City] hip Code] TOGETHER WITH all the improvcowum now err Peacetime coemd on the 1l''ropuly. and all nselnents, appurtenances, and fixtures env or hereaf ct a Part orto property. All replacements Ani alit itious shall also be comet by llut Security Instrument. All of the foregoing is referred to in this Security hnpument as Ibo "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conwc)cd and Its due right to grant And maty the Property and that du Property is unencumbered, exedra for encumbrances of retard. Borrower wumnts atul with dcfond generally the title to the Property agansst all elan And demands. subjecno anyencumbruncn of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use oral nan-unifannmvonants with limied vLaadons by jurisdiction to constitute a uniform securiy ins(ninwnt covering real property. UNIFORM COVENANTS. Borrower and lend., covenant and a_aec as follows: cash; Pa)mems are deemed received by Lcnder when received at the Iecation As my designated by Lender in accordance with the notice I payment or partial pu)mcni if nim payment or parlial paymems are insuff c Any payment or partial paytluN insufl)eieni to bring lite Iran current. wit I!, lights to refuse such po)mmo( or partial payments in the future, but Lou lime such pa)meats are accepted. It each Periodic Payment is applied as t interest on unapplied funds. Lender may hold such unapplied funds until I If Borrower does not do so within a resemble period of lint, sender Borrower. If nor applied c rlicr, such funds will be applied to die outsmns prior to foreclosure. No offset or claim which Borrower to In have r Borroxcr Pont nuking paymems due under the thole and tits Socuri agreements secured bvthis Security Insnulnent. 1 spptwaliun ofl'ny,n.nts lir Proceeds. Exceptasollietwisw And annikd by Lcudcr shall be Applied it, the followin-g- order of orceity: (his Securing Instrument, and then to reduce de principal balance at the P If Lender receives a payment from Borrower the a delinquent Per to pay any lam charge due, the payment may be applied to the delinquen Periodic Payment is outstanding, lender may apply Any payment received Patnnnts if. and (a the extent that, each pagent can be paid in full. To IN applied to the full payment ofone or more Periodic Payments, such excess prepn)menu shall) be npplied first to any prepayment charges and then m Any applicatimn of paynents, insurance proceeds, or hliscml Shull nut extend or pushppone 11w due dale, or clumgm u the aount, of the P, 3. runds roe psome Menu. Somowcestuff paccLender on it until the Now is paid in NII, a sum (rile "Fundy) to provide far payment c other item, which can attain priority over this Security Imwmeaus a (ie pa)mcots or mound rens on the Prolerrv, if any; (e) premiums fur Any And and(d)Murtga£e Insurancepremium,, ifany,orunyaums .yabicby Bon Insumm ncc prem,m, in accordance with tin provisions of S:ciion L0. Then Arm on) time durwg the term of ilia Iran. Leader may require that Cram, any, be escrowed b)- Borrower, And such dues, tea :cow d msessants Shu fornish to finder all notices of anoueu to be paid under this Section. floc 10%" A... - ,Ke araNirtLek Mx IgIFOFM ws,ralO,Fa4 or other imdumeatreedvcd by Lendcr aid, Under ma require that tiny or All one or moron the I'ulloe ingg tunas, m urer's el,eekc. cashiers dleek,provdut agnxy, instrumentality, ce many; or (d) des inured it. :he Neu or al such otter in .lection 15. Lender may ret urn any no the Wan current. Leadermmyncaepl :r of any rights hereunder or prejudice to nbl igamd to apply such pa)vsmnu at the luted due date, then fender need am pay makes pa)nnl to bring die Loan cunei. mr apply such funds or return them to ippol balance under the Note immediately Ilw future gsitsst Lender shall relieve tient or performing the covenants and second to amwdher amounts due under neat which includes A suhieient amount .and Ila lam charge. If more than ons rower to the repayment of the Periodic at nnyexcess uisu oiler the paymi ntis ,plied In any laic charges due. Voluntary I in the Plow. rocccds to principal dee under the Note yllicnis. ,odic Paylnenu us due under the Nom. pay Unlace Me runs lar escrow leets Lon„Ja14 Iroi Cra,nhe'la,ti,kina.lnt. O .; Lo dnlcss Under waives Borrower's obligmion to guy the Funds for *try or all Escrow Items. Lender innywaive Dol obligation to pay to Under Funds for any or all Escrow llcuw pt anytime. Any such waiver may only be in writing mint of such waiver, Borrower shall gay directly, when and where payable, the co clod; chic far any Eacrmv Items t pgment of Funds has been waited by Lender and, if (ender requires, shall furnish to Lander receipts evident pa)m:m within such time period n Lander may require. Borrower's obligatian to nuke such payments and to reccipu shall ror all purposes he deemed to be a eovenanr and a^�1'mnRnt eonuincd in this Security Inxnomcnl, as It 'covenant and avicemenC' is used in Scclicn 9. If Bsnwwer is daliealed to Pay Exno•a• Imtw db:sly. Durauant to: M (Including Lender, it lent( ts an inztllullan WWSc depOzlts are as lint or man FWemlllatne Loan B]M. Lenderslnall apply theWnds to pay the Escrow Iters no later tern Ju time specified under RESPA. fender shall mat charge Borrower for holding and applying me Funds, annually analyzing rile escrow accouter, or v<rlQing the Escrow Hems, unless Lender pays Bartawer Intents' an Ilse Funds seed Appl¢oblt Law permits Under to make such a Ortega. Unless an acrccment is made In wrilingor Applicable Law requires mleresl to Ix: pmt nn the Funds, Lender shall not I%required W puy Burrower anyintercmararnin,•u no oc Funds.Borrow•er and UnJerpn agree in writing, howmer, that imcnast shall be aid on the Fuad Lender shall glee la Boon''la withnm charge, an annual ac counting ofthe Fundsorequiredby RESPA. IFthere is a surplus of Funds held in escrow. as ddineJ under A. Lene.er shall account W Burrower for the eacats funds in neem donee wvl RicSPA. If there is a shortage of pueds held ineserow, as ddined under RESPA, Lender shall no Borrower as required by aSPA, amt Be slwll ppay m Lader the mmount neccssary to make up me shanage in accordance with 2ESPA, hr in no more at 1? Iromhlypaym]nts. If Ilk:e is a tleficicneY of Funds Edd in escrow, as droned under 2ESPA, Under shall notify Dorrawer m rcgmrcd by RESPA, ar.J Bolmwrrshall pay to Lender tlm amoum necessary'I. make up the deficiency in accarJanco wish RESPA, but in no mare than 13 monthly PaynWnls. Upon payment m full ¢fall sums secured by this Security Instrmlwnt, Lender shall prompdyrefwW to Bonowerany Funds held byy Under. J. C 1 urges; Liens. Borrutver shall puy ail axes, assessments, charges, fines, and impositions attributable to the Property which can attain primity over this Security Instrument. leasehold payments or ground rents on the Property, !fang, and Cosmically Association Dues, Fees, and Assessments, ifany. To the extent that these items are Fscmw Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge all), lien which less priority over this Security Instrument unless Borrower: (o) agrees in w•rilin lit the paymrntofthe 0 'cation Scoared bytl•.c lira ins "cum r aerptab!e to Untler,mw onlyso Way+tax 3ortower is per orrdng such agrcalmMr (bj contests Jm lien in gad faith by.nr OefulWs aeuimm en(orcertlenm JW lien in. legal praeedmgs which in Lender's opinion opna:n W prevent the crfercentam of tlw lien while mdse proceedings re pp eding, but Doty until m¢L proceedings are NndnJW; or (c) :entIts from the heWcr of the lien era agr �rrcm.wnisfutoryta IelWer suhordlnaling Iha lien la dos Swurity lnmrnnxnt. If4ndn dc¢nnines the any par ni the !4operty is sul+jecuo a lien which nnatain prlori[vorenhii S:mrily lasvunhenL UlWer nuc gins Donover anoh<e iJcnbtpng the lien. \Pilhin 10 day, 0(me data on N'hith Ih]I nodes i5 $IoM, Dorron'cr shall zalifly Iha I:Cn or lake one M nwre 0(me aclia�ss >ct (amt algvt In This Senior S. Lender may require Borow'cr in pays one -tire charge for a real esmte tax vcritication and/or reporting service used by Lender in connection with this Loan. S. Properly lnsuruucc. Borrower shall keep the improvements now existing or hereafter ereciedon the Properly insured against loss by lire, hazards included within the term "extended caverege." and any other hazards including, but not limited to, eorthquakes and floods, for which Under requres insurance. 'lltis imumm: shall he maintained in the amounts (including deductible levels) and for the periods that Uocer ¢quires. Whin Under requires pursuant to the preceding sentences an change JurinF me term of rte Lome. 7Le insurance carrier providing the insurance shall be chosen by ❑grower subj¢d Io Under s rip61 Io disnpplrore Bortower's dwi<e, which right shall not be exercised unreasonably. Under may rcquiro Borrower to 1Day, in cmmedion wim this Uon, either: (a) a ane -lime charge for flood zone dmrminmion, cenmfication mid vaFing serviws; m' (b) a dna-tine change for flood zone determination and certification suricef and subsequent ,aarges each lime rcmappmgs or simile changes occur which reasonably might affect such demrmiwuon ar eentficatian. Borroucr shall iso lit ucspumible far Ila po)menl of any fees impuscJ by the Federal Emergencyhlamsgemem Agcrcy in <onmcmfon Nita the renew of anyflecd zene dctrnpinalinn resulting front zn objection by flounder. If Hortower fails W maintain any of IF.: covin^es JauriRl iont purchase nary obtain imurancc r amount tat Under': npuion and Borrow'er's expense. Lender a whdcr nu illation to perdmse any pnrJIo:r type or amain[ of commge. lhereforq tech coverage shall cover Under, but sightmtau'.tis nut II I Harrower, Icater lesser cage Property, or the coutants of the Properl'• againm any risk, hazed or liability• and might proviso cater tar -Ossa coverage man wasprcvioluly in elleel. Bunnwer ncknoN'Iclgts mm rhe f,he disburse ge see it er Inlginsit,on5smly exceed the milt of insurance met Donovver could hart oUleinW. Any amounts dismounts b •Underunder Ilett the Note t trate becomeadditionaldebtofnnia and, III red b)•this Security•Instrotnest,'forteamaunsss Lctbearo Borremthequecmc hoe the dote of d'ubursunam and shall Ire payaWc, wilt Rwh interest, upon notice fine UIWer w Borrower uquezting pa)mM1. All insurance politics required standard Under and m clause. e. Such policies shag be subject to Under': right to disapprove such policies, shall include t slantaro old the douse, and stall name Under as mortgagee and/or m an additional promlossptly give Under Shelf have she right toholdmepolicies and renawalcIlornmes. lummus aninquires,Burrower stall promptlygive W Under aBreceipts of r, f premiums o. renewal nal o. tfe property. such any form ll insnmrcc co ndaFd nal otherwise and sha l came fur Jmnnge ta, tar des(r issian of, tete Property, such pnimey shall include a standard mon;eve clause and shill Gama Undo as nmrtgugce mlrUor is ra additional loss pc)•cc. _ _In uhe memoflosS.Barowersball give prongs noliccwlbe insurance cmr.Ixand Umkr. 'xtuknmyrnake pre` pence. l.eouW soon have lire Aggue to hold such Insurance proceeds until Lender hits hal an upportunky W inspect such plot), to ensure the wrork has been complied to Lender's satisfaction, provided [hat such inspection tool! be undertaken promptly. Lander may disburse proceeds for the repairs and restoration in a sin�W payment or in a:cries of progress pa)ln, us as the work is earn p sled. Unless nth agreement is made in writing or App ieobblc Ute requires interest to be paid on such insurance proceeds, lenCer shall not be required to pay Dorrawer anyou ereu or c:vnines an such proceeds. Pecs I or public adjusters, or other third parties. retained by Borrower shall not be paid out ofthe insarincc prmseds and shall be the sole obligation of Borrower. if the resrumtion or repair is not economically feasible or Under's security would be !assascd, the insurance proceeds shall be applied W Bre sunss securedby Ihis Security Insuumem, whaler oI'noi then due, with the excess, l(any. paid W Borrower. Such insurance proceeds shall be applied In the order provided for in Section 2. t,........ car a%IFOIew r6.0OraxtEvr Farmlate IN t rnwerrwyppurnl Crnave W,.kb+a, Int. N 0 Cl C'1 >: c _ C-) �'1 C7 a. r :<r -v _rn A� Z ^ I cn ' m91eR.I1➢ortOxcrdai notrerpond williso 30 drye•to u notice lromlr:ndcr that meiosuruncecarrlermafolkrcd to settle claim, then L a, may negotiue and setlla the elnim. The ]0-day period will login when the notice Is given. In either even:, or ifLenduaquues the Property wider Scttion �? a aherwde, Dorrowcr herc6yusigru to Lender (a) Uorronu't s rights to anyinsumnce proceeds in an amount not toexccd dn: amounrsunpaidundcr the Note or this Seeuritylnsinsmenl, slid (b) any other of Borrower's rights (oiler than tine rlyheto any refund oFunearned premiums paid by Burrower) user all insurance policies covering the Propenv, Insofar us such rights are applicable to the coverage of the Property. lander ntay use the insurance procecds ciihu to repair a restore the Property or to payamounu unpaid under the Note or this Security Instruments whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after ilia eaeeution of [his Security instrument and shall continue !0 Occonv the Propene as Uorrox'ei s principal residence for at least one year alicr the dale ofmcupaney, unless Lender otiery isc agrees In so ill'i Ill. whichmluem shall not tuts unreasonably withheld, or unlash a nee and amunionaes exist which ace beyna) Ue. Bar s cod she 7.Preservation, tMa(ntwthePand Protect tonofthe omoritProptny;waste Inspections. v. Whvii shallnot dnwer damageaiis, "impair Property, Borrower tlsc Propcnytodelertommacnmmer10INW111 Pro[lieI ty. \y runs is creasing in the Property, Harrower shall maintatn the Property in order o prevent 5 Property from loiaduuting or decreasing in value due ss its Dissolver shall pr ptly a it is he Property p dancig to Section 5 chc repair sat ion oocon is not «oeomteall condemnation prlds art paid repair propertyagetogedtoavoid (unherdeter ?ioperotionordushall e tnsuraneeor or repairing or area Pi sp connection with damage released so, the raking of, r such pent, Bores. Lender t be respurse prlls aur dsfirtth or restoring the Progeny only if le pay hm oria5 iiae fp for such p menta a Lender rk is disburse proceeds far the eeor co and nation ionpro to a single paymentorin a hair o of progress ropertyB o the work i completed.of If the insurance at on fie, muton proceeds are nor repair re t repair Or restore Ilhe Property. Borrower is nor relievdof0aror its ant may(a the completion rrirahrepairIn restoration, Lenderor its agentmaymake mprovemeentries upon pery.ffnderilonsofrheve Bono erithosreasonablecause, Under smayucinspect ahe mtspectof tlw improvements such reasonable oil a Propeny. Lender shall Etve Uorrower notice m the time of or prior 10 such an Interior iLoon A n spatping suchweesl be in li. S. Borrcrs'er's lana Tp tit direction Borrower lneinJ kng fudgehe oapplication eSuit miss.➢nrtmve. In anceding, or or entices information otor a tine direction of is t oLen c with d InpBorrower's vide Un 'us or ill, mat gam nfalse. misleading, it inaccurate iMateritl re a statements to Lader (or failed m provide sender with material information) note to occupancy of with the LOah. Material repruenwlipal Include. ere hurl IinitlCd to. reprC%Crltali0r6 renaming BOn'awc! Y occupancy of the Propenyl Isinder'r'sprandial r(liduwp 7. Pails to of the covenants ants in the ants on and in this Under ulnas Security Irudmnwml. If (a) Barmwcr [ails to pcd'orm the cmwnts cad agramena contained in this Security hnbmnant. (b) there is a legal nlay do and pay I'or whatever is reasanblc or appropriate to protect sender's interest in the Property and rights under this Security Instrument, including protecting anNor assessing the value of the Property, and securing and/or repairing the Property. lender's ncliotu cal include, bol ate not limited Io: W) paying any sums recur W by a lien which has priorilY over this Security Insuumenr, (b) appearing in won; aid (c) paying rcamnablo auorap' fees w protect its interest m the Pmpenyandfor righu under tlo j Secunly Inivumenl, inclding s6 se<ucd position in a bankruptcy praedtng. Securing the Properly includer, ba is mol limited lo, enmrin� the Propeny w make repairs, chutge locks. replatt or board up dons and windows. dmtnwaer from split• eliminme hnr dingaothor rnda violmions or dangerous conditions. and haseuclities 'a ad on err ori. Ahhough saner may take action nndenhisSasiah 7, Lender doer hot Is to do sat and is nal andtrally duty or obligation w do so. It is agreod Nu Lender incurs nor liability roc not taking nnynr all ocrama au horixed and ' his Station 9. Tay amounts disbursed by4nder under this Section 9 shall bcco ne asklanoted debt ofBorrower secured by this Security Imtmment. These amounts shall bear interest at the Nmo roc frorrl the sale of Abursunan and shall be Payable, with such interest, upon notice frons Ianderw Borrower regnotin¢ payment. If Nis Security InvJuntem is on a kaehnld. Borrower slu I complywith all Ilse provisions ofd c leads. troonowcr acquires fee We to the Properly, Use leawhold and the fee title shall not merge unless sender agree to due merger in writing. 10. Mortgnge hisumnce. If (ender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premtusm Icquired to maintain Use Mortgage Insuram:c in effect. ir, for any reason, the Morlgige Insurance colcragc required by Lender ceases to le available L•an the nonil insurer thatprevtrusly provided such insnrance and Bonosscr was required w mase separately designed payments toward the premiums for mlmrtgage Insurance, Borrower shall pay the premiums rcgnird to obtain coverage substantially equivalent to the Manage recurrence previously in e1k0. at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from in alternate mortgage insurer selected b•lander. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall ceminue Io pay to Len1'r the amount of the separately designated payments that were due winters the insuntncecovemge casedwbeinvili:& Lamlcr will occep6 use mid retain these payments u a non-refundable loss reserve in lieu ofMartgnge Insurance. Such loss reserve shall be run-refwdable, notwithstanding the fan slut the Loan is ullimuelyy paid in NB. and lendershall not be required to pal' Borrower any interest Or earnings on such loss reserve. Lenderemh no longer renuhu Inus the premiums; far htongage Insurance. If lender required Mortgage Insurance as a codidah of makiriglhe Loan and Borrower was required to make separately designated ayments lowcard the premiums for Wattage Insurance. Borrower shall paythe premiums required to maintain Mai I age �mumnce in efrect, or to provide a non-retundabte loss rearve, until Lender's m s requireent for hlorrgaee Insurance armdts in accordance wills an( writeu zgrcuncmt WEvvenBnnas cr aid Lender providing for such mrminannn or until termiamien u required by App icable Iow. Nothing in this Station 10 anbus Uorrower's obligation to pay interest a( the rale provided in rise Nose. Mortgage Insurance reimburses Lender (or any cmity that purchases the Note) for certain losses it may incur if Borrower does nal repay the Loan as agreed. Borrower 1s not a party to the Mortgages huwance. Mortgage inners evaluate their total risk on all such insurance in face bum lithe to those. ad net)' enter into agreenwlas wish other purer that share or modify their risk• or reduce losses. These agressfel aeon roma ondtocditions that arc satisfactory to the mortgage insurer and the other parry for parties) to these agrmntenu. There a@reel enu may require the mortgage insurer w make pa�nnenu using any source of funds that the mortgage insurer may have available which ma • include funds obtained from. lorlgvSe Insurance premiums). As a result of these agreements, Landa•any purchaser of the Notc.anaher insurer. any rcinsurem any oumrrntitY, or cry affiliate of any of the faenoin• may receive (directly or idirecsly) amounu that derive ➢ore (or might be characterized as) a portion of Dorrawei s payments for Morlgige Insurance, in exchange for sharing or modifying the mongugo insurer's risk. or reducing losses. If such agreement provides tut an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer• list .1nogemsnt is often lermed "captive ,elmm:umc." Purthen (a) Any such agreements will nus atilel list auwunu that Ilorrover tins agreed to pay for Niortgage, hssuronve, or any other Ions urthe Least. Such agreements x111 not Increase the onhmut Borrmner will owe fur hfartgage Insurance, and they still ,at nllidc Burrower (early refund. 10w.4.\Yn:toiluir Ifvm,JVle Vel rpt/Ju/f ryge.y Cnaifve rhlnaine Lm 1 O C) �n 4 = T , { nom. 1 �rn m U7 1,0 (b) Any such ngrecudenls still not affect the rights Dorrovcr bas — if any— nigh respect to the D1co-IfI,ngc hssnnnce under the Ilomcosmers Protection Act of 1995 or illy other Ian'. TI rights tiny include dm riglt t0 receive certain Jiselosares, to request acid obtain eaneenntlon of Bw Mortgage Insurance, to hare the Nungagc Insunnee dennhmled aulunmtirally, ataVor to receive a refund of any Mortgnge Iosmauce prentiunis that were unearned at the time of such nucclbnion or to a oitlua. 11. Asslgnme]It of Miswllaucous Proereds; Furfuhure. All fiiscollaneu is Ptacces aruherebyassigned LOand shall be paid to lender. If the Properly is dart"o d, such Miscellaneous Proceeds shall be applied to rc;toration or repair of the property, if du restoration or repair is economicallyy f¢mible and Iwmlci s sttvrig is trot kssclwJ. During such repair and reslonnon pperiod. Lender shall have the right tu IroIJ such Misccllunrnus Proceeds until finder itas had inopportunnpp to inspect such Propertyy w ensure Nc work los bees conpleted to Leader's salisfxdon, provided that such inspection stall be undertaken p:uminly. lindtr may pay (ar iht repairs and rcstora;ion in a single disbursement w in a series of pmgrass payments as dw wrork is completed. alas an aa'e<mmu is mode In wrilina a Applicable Lou- requires interusl to be paid on such Misttllaneaus Proceeds, Lender shall not be rcquircJ to pay Borrower any inures) or timings on such Miscellaneous Proceeds. [f the reswmtion a repair is not economically (essshk ser LenJtr's security twwld be lessened, the Miscellaneous Praaeds shall he applied to Ne sums secured by Nis Secuny Wlrumcm, whether or nal than due, with the excess, if any, pail to Oorrower. Such Miuellancous Proceeds shall be applied in the order provided fa in Section 2. In the evcm of a )oral uk)nF. dcnrucfion, or loss M value of lite Property, tlne Miscellaneous Proceeds shill be applied to the semi secured 6y Nis Security Insuumen6 wActher or nat then tlne, %oh die excess, Vary, paid to Borrower. In the mum of u partial inking, Jcsuuaion, nr lass in v:duc of the Prnperiv in which ilia fair market value of the Prnpcny immcdimely before tl:c partial "kine, deslruttion. or loss in Y:du: i. egrul tour }..mor than Ific atn nmtof the signs SCeureJ by ibis Security:nsvuniunt irnnwdialulybefore dw penial esti me, dein storm, or .nix in value, iadexn Barrowcrmul lender eiherwise agrw in writing, list sums secure) by ibis Security Insirwrcan shall be reduced by the amount of the Miscellaneous PraCA`df multiplied by the following frustum (a) the local .mourn of the sums vacured immcdiatelybefore tlne partial"king•destruction, or loss in value divided by (b) the fair market Yalu. of the Properly imnsadialelybefore Ne par l taking. destruction, or lass in valve. Any balance shall be paid to Borrower. In the event of a partial taking. destruction, or loss to vahte of she Propperty in which the fair market value of the Property immediately before clic partial taking, destruction, o: loss in value u less than lhu amount of the sums secured immediately before the penial taking destruction, or loss in value, unless Burrower and Iinckr otherwise agree in writing, the Miscellaneous Procsuds shall be applied to the sun" secured by this Security Instrument windier or nor the sumsmatheir due. If the Property is abandoned by Borrower, or if, after notice by Linder to Bomow•er that the Opposing Partyas defined in the next sentence) offers to mel an award to smte a claim for damne,�rs. Borrower fails to respond to Unkr within 30 day%after the dee the notice Is given. Under Is authorized to Collect arwl;tpply dw Misccllmmous Proceeds either to restoration or repair of the Property or to die seise secured bf• Ihis Security Instrument. whether or not then due. 'Opposing Parry' imam the third pnrty Ilett owes Dorroo cr Miscel amous Picwda or tire pal'tY against whom Borrower has a right ofacdon in rci rd to Miscellaneous Proceeds. ftnewur shall in default if any action or proceedkar, whether civil or criminal, is begun that, in finder's judgment, could re.;ult in cocimrw citing Property orother material impainnmt of lemkr's interest in the Propenyor, rights unKt, this Security Instrument. Uorruwwr a:a curt meh atichult araC, dattelcration hoc ocmmcU, rcinsta«ss proviN:J in Section 19, by causing the action or proceeding to be Jisndsud with u ruling Nat, in Lender's judFlneni. precludes forfeiture uflhe Propertyor other material impairment JUndcrs interest in the Property or tights under on, Security hamitrann. The pmcceds of any award or claim for damages that are anril le to the impainrent of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. .Aft Miscellaneous Proceeds that are not applied to mforation or repairof the Property shall be applied in do order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Wilver. Extension of the time for p%)nor t or mWirwadal of amortization of sums secured by this SecurityInswmatn granted hyUnder to 0otowarorall UC e" in Worm of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Oarrosver. Under shall and be required to eommeoR proceedings against any Successor in Interest oreorruwer or to refuse to extend time for payment or Colombia malifyamonrmlion of the sums secured by this Security Instrument by reason amydenhsm: made by the original Borrower or anySucecaors is Interest ofDorrower. AnyforbeuancebyLenderinuercisingmn right a homily including, without limitation. Lender's nccepuncc of pupnu henam third persons, entities or Successes in Inures) of Borrower or in amounts less than the amount then due, shall anI be a w.tivur ofur preclude tlne exercise of any right or rcmcdy. 13. Jolla and Several Lia WHO; Co-signers; Successors and Assigns Bound. Borrower Cc%onions and agrees that Borrower's obligations and liability slsall Ito joint and several, limsxveq any Borrower who eo-signs this Security Immumeor but does not awate the Now (a "co-sigiwr'): (a) is co -rig and comey the co-signer's Inwrest in the Property under she lenm of I to pay ilia some; secured by this Security Insuumcm; and (e) attract the modify, forbur or nake vary accommodations wits regard roc the terms signer's consent. Subject Io the provisions of Scction 18, any Successor in Inn under this Security 11IS"Ment in writing, and is approvedbylender, s this Security ImtratrlenL Borrower shall not be released from Bon formation unless Lender acnes to such rcleasc in wriling. Tilt coven bind (except M provided id Section 20) and benefit the successors on 14. Loan Charges. Lender may ch.ge Borrower fees fa default, for ilia purpose of hroscming Lender's interest in she liropertpp but not limited to, attorneys rats, property inspection and valuation rc� authority in this Security Instrument to char gt a specific fee les Bart chatLawgingafsuch fee. Tinder nuynol charge kes that areexpresslypn [awe V th< loin is subjca to a law which sets imxinmm IOili d pru¢ipm, me reaunnn wig nc OCnaa as a partial prepayment without anyy•1 charge is pmvidal for under the Note). Borrower's acccppaew of any suclu coalition. a waiver of air)-rightof action Borrower milia have arising out 1S. Notices. All notices given by Borrower or Lender in conn, writing. An .dice to Borrower ineomicetian withthis Secmitylnatrullool when meek) Ay first class mail or when sewn lly delivered to Bonower's no one Borrower shall cumtituu notice to all Borrowers unless Appticable, seldom shall be the Property Address unless Dorrower has designated a IOw,_v-+- u�.-_w..w xrgcTmJly alas WiFohV ISSTIVAIChT critic with :Int Ienv is finally )nwrprcled so tial the Mn exceed IIIL panni ed limits, then:(a) Z In IN permitted limit, slid (b) any suns.; 110 unit...... Leader may Cie.,. In n"ke spnem toIsorrower. If u mfurid «duces CwnI C1,27, (whether ur to it prepapncm Mosbyoterpaymentto Oorravoi,wilt with this Security bremlmmw must be in ale ssifse u)lesthbeengivenwtionnany :peasduetby other nwam. Nohe oany :p«rsly «;ora otherwise. the endets u« notice address by noiwe to finder. .-.3016 tori frvp4u/er,ar.q Canelo, Thmkh,M ha o_ C7� —ICS 1 Cn �M-0m rn v.0 ' Dorlower shall promptly notify Linder of Borrower's change of address. If Lender specifies a procedure for reporting Bormxtr's chan-c of address, then Borrower shall only repot a change of addrns through that specified procedure. There may be only one designated notice address under this Security Insuumani m anyone lime. Any nodcc to Lender shall be given bydcliveting it or by mailing it by lirstclass mail to (ender s address stated herein unless Lender has designated unoNer address by notice to Dorrovom. Anyy Anthea in connection with this Security lnstlunitatshall Out be deemed to have been given to Lead" until actually rem ivedbyletder. Ifanynotice required by this Secud(y Inslmment is also raiaired under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security lnswman. id. Go, ern ng Low; $cvernbllip•; Mules or Construction. This Security Instrument shall be goverrad by federal law and (he law of Ilia jurisdiction in which ilia Properly is located. All rights and obligations contained In this Security Instrument are subject o any requirements and limiladom or Applicable Law. Applicable Law might explici[lyor implicitly allow flit parties a agree by contract or it might be silent, batt such silence shill not be comwed m a prohibition aga nsl agreement bycommc[. In the event that any provision or clause orchis Security lmtruohen[ Of NOM Conflicts will% Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Rote which can be given effect without the conflicting provision. At used in this Security fmlrumene (a) worth ofthe masculine gander shall mean and incluAsmnapwdin@@ neuter words or words oflhe fcndnine gender,(b) words in Ilia singular shall nicntard include Ilia plural and vice vena; alhd(c)de ' word `may gives sole discretion widiout any obliwlan Io lake my aclimu 17. Borrower's Capy. Bonowcrshall go yyivcn one copy of the Nate and of[his Security Insuunmm. 18. Transfer of the Properly car a BenWdal hnnerl In Borruwor. As wed In this Section 18, "Inturest In Ibt Property" means an)• legal or benclicial inlertu in the Property, including, but Out limited w, (hose beneficial interests transferred in a bond for deed, contract for decd, installment sales aronlrx[ or escrow agrnmany the intent of which is the transfer of tide by Bonowxr at a future date to a purchaser. If all or anypan of the Propenyor anz Interest in the Property is sold or transferred (or if Donower is nota nntuml interest in Borrower person and a Nncfificnal is sold or transferred) without Lender's pprior wrinen consent, Lender may require immediate paymanl in full of all sums secured by this Security Instmmem. Nowever. this option shall tut be exercised big lender is such exercise is prohibited by Applicable h+s. If ander esurcisn; this Option. finder SIMM give Oerrowenmwict ofcccelerasior..'IN xfse shill peovida a pedod Of cost less than 30 da\s from the date I Mill et Is p n III accord nice wi;h Section 15 wnthln%,Inch BOrra,ver must pay all sums secured by this SecurityInstrument IfBorrow+x fails topay there tams prior to ilia aspiration o;Ihis per.Od. Lender may invoke acv remedies permittdeby this Security Instrument w•ilhout further notice or demand on Dorrovvr. 0. dorrower's Right to Rel sit l[e AI'ttr..lecelernlion. If arrower mccis certain conditions. Borrmyef Shull have the right to have enforcement of this Security Insuumcnt discontinued at any time prior to the earliest of: (a) five days beiiam sale of the Property pursuant an any pov-cr of sale contained In this Security lnstrnlncm; (b) such other period as 1'V ApplicableLaw• might specify for IN termination of Borrower's right to reins[ate;or(e) entry of a judgment enforcing this e Scowl Wlmmenl. Tose Oomfidom are that Borrower: (a) 11a)S Lender all sntas whichtat•n wcould be due Security Instrument Ilia ifnoaceelemtion hidoxumWl(b)euresanydkfuull under this and (teas DA ofany ocher coveromu or agraaments;(e) pays all expenses incurred in enforcing his Security lnsommenl. Including. but Out limited fees, mormion fees, fen incurred for Z a to, reasonable attorneys' property and valuation and Other the purpose of pmtecling Lender's interest in the Property and rights under (his Security hscuumem; and (d) Ink" such action as Lender O 5 may reasonably require la assure Ili lender's imcrnl in the Property and rights under tithe .ccuriq• Instmment, and A� 1 Barmwxr's obligation to pny Ne sums xenr<d byshis Security(mvumcnl, shall continue unchuhgcd. Lander may require g tet Boston, pay sudaransmtement sums and expower m one or more of the following farms, w sdec[cd by Lender �C (a) cash; (D) mor oyorder; (c) certified check, bmd: cbcd: uosunr's cheek w cashier's cheek, provided any strath chat% Is drawn iwbwtian Jepost insured byaiWv.1 Funds <m upon an wlwsc are agenry.iwlramanlalilyor entity,w(d)Elalronie TmnSftL UppO rtlmlal, .1 by BUSSOwl'q llaa SCCVfIly InShOnlen! 0.1.101)IIga1.-,I5 S.....d helCl:Y ShaII mm'JIO fL'll)' "f,. CIpCeIVOan It oto attdc:adiOn hice.4ineO.lie,a,or,1111 r1 -in" relaalalc alell nJ: act"in, OfpeCelCN{IOn 011Qr Section 18. Q4 20. Sale of No[e•, Cbauge of Lunn Servicrr; Notice of critvance. The Rote w n partial intecst in ilea Nom i> (tocl+therwith Otis SecuriryloslrumenQ can be sold onoor momtimes wihbautrriornotice ro0arrours. A sale michlresult ug in a chonao in thecnity(known as the"Loan Serviccr`3d s collects Periodic laymen due user tat Nee and thii Soumi[y hhsmument acid performs other nurlgige bun servicing obliguticm under dr Note, this Serenity Instmmcrc, and Applicable Law. Thtre haunt loan Survicerutuulmed Num. if iso also micM or nurc changes ul'Uic loo saleofthe there change of the Loan Scrvicer, Borrower will be given written notice of the change which will state ilia name and address of ilio new Loan Scrvlar, the address to which payments should be made and any Won info,mutbn RESPAreyubes inmsmxtim with a notice of Ira sfer of servicing. If the Note is sold and thereafter time loon is serviced by a loan Servicer outlier Won the purchases of the Nom, the mortpge two servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Scrvicer and are not assumed by [he Note pnmhaser uness otherwise provided by the Nunn pumhescr. Neither Borrower nor Lender maty commence, join, w hejoi aid on any judicial action (as either an individual litigant or the member of nclass) that arises front %lie w1wr party whom punuant to thio S--com v Instrument order uBeOu !hot the other party has breached any provision of. or any only owed by reason of. this Security Instrument, until such Borrower or Lender has Wilifisl the other party (w'ilh such notion given it.. coniplimna: with ilia requiremannis of Seclion 13) of such alleged brooch and aRordcd the other party hereto a rensanable period after :he giving of such notice to take corrective action. If Applicable Law pro%ides a came jseriod which uustcbpsc before certain uetiun can betaken, dial time period will be deemed lose reasonable t'or purposes of this pamanph. The notice of aceel ouniml and gapurinnily to cote ••i%en to Bono%ver pursuant te Section 22 and the mlice of xedemlron given to Dorro%var pursuant to Section 18 shall be deemed to satisfy the notice and eppononity to into conculkai: Ilion provisions of this Station 20. 21. IlaaarrloaS.SllbSlurces. As insW in Ihis Scc60n 2l; (a)'•[ I]xardOns SIIbst.wn' Yc diwesubswncn dtBMd as toxic or hazardous substances. pollutants. or ,mhos by Em•ironmenul Loy and [he following substances: gasoline, kerosene, other flammable or Io m petroleum proshicu, tonic peukadcs old hurbeides, vobiile solvents, materials containing asbestos or formaldehyde. and ndioxure materials; (b) "Eavirumhwnml La.' mcons federal laws and Imo or me jurisdiction %There IN Property is Ixm W Ihm rata¢ tolmahhh• safelyo(environnwnml pprotactione(t) "Envirmnranal Cleanup" includes any response action• remedial action, or removal xum, as defined in fnvironmentel Law; and (d) an "EnyiminitnWl Condition" means a condition that nn cause• contribute to, or ulhenvise uigger an Environmental Cleanup. Borrower shall not taus t or PPermiuhe prceencc, we, disposal• storage, w release w any Haaxdow, Subsbnirns, or mrmaten to release any Haaardow Subsunces. on or in the Properly. Borrower shall not do, nor allow anyone else to do, an)ing affecting the Properly (a) that is in violation or any Cavnromnentil Law, (b) which creases on Environmental Condition, or(c) which, due to the presence• Ilse, w rdcase of a Hazardous Substance. tinter a condition that adversely atiacb Iles value of the Property. The preceding two sentences shall not apply to the presence, use. orscom0 on die Proper V ofsmall quantities of Hazardous Subsumccs dui are recognized to he uppmpr nc to generally normal residential uses mid t0 mmmenuace of the Proa erl)•(including. but not limited to. Ieaardoul substances In cons a mer produced. Bonowtr s1m 11 promplpy give Lender wrlucn notiw of(u) any imesiigaai n%. claim. deuiud. Imvsnit0, other action _ by any governmental of regulatory apency or prr:atc party imohdng the 1'rolmty and nny liaumow Substance or Envirom nenul Isw of which Borrower pus actual knowledge, (b) vry Eav;n n nenol Condition, awtudingbul ant limned m, anyspilling• leaking, discharge, release onhrem ofrolease of any llasmaous Substance. and (c) anycondmon awed by [hc I i 10wV.\-rinSle nrualr-6'nnnb aLtlpmhllo alae LYIPOaAI INgI'IIUnIaBT N-3016 wl lryyv r„ya MuN i Cr.,;,y T linWng, Inc presence. use or release of n I laz,udons Substance which,:dversclyahem lie value of the Properr;. if0orro mr1camn or is notified by any governmental or repuhua.q uuthow,% or any private nary', I:at any rmm:vaI or o:hcr remediation of try Hazardous Subance affecting the Properly is cccesasv. Bcroa¢r.xall promptly ukc all accessary remedial actions iz accordance with Cm4ronrrlental Liw. Nothing herein sI611 create anyublip:nion on Lender lir. on Environmental Clennup. Borrower's bran Section 18 wales required incurs the derautt must result In acderr the Property. TI assert in the fore Instrument. party for se 2, and an the I Jeremiah Fit craft ver a «hlnher covelant and agree at follows: notice to garroter, prior to acceleration following urily, Inslnlmenl (but not prior to arceleralion under e notice shall specify: (a) the defuulg (b) the action 'rain the dole the notice is given to Borroiner,by wbich rook on or before the dale specified in the nate nsny bvnunit, foreclosu re byjudlcinl protecting mulatto of e rlghIto reinstate afler acceleration and the right to Paull or anyy other,defense nr Be rromer to nocelemtloot dalespeeifsed in the notice, Lender at its op(lon may Security Insinunelat,ndlaul Iurther denuaml and may 9uler Shall he enol led I collect all expenses tncurmi in but .,as lind,ed to, reasonable a,tonic)'a' lers mud eurts 15 Sccurily Insu'mnenl, Under shall mucase this Security' I Sccurily Instrument, but only if due fee is paid to a third :d under Applieahlc Law% and waives all right of homestead and distributivcsEarc in .lana 18. 2007 )Umel (Dale) 26. Redemption Period. If it= Pr ereyy is less than 10 acres in size and Lender waives in any foreclosure ppno mW in• any right to a deficiencyjudgrnenr aClut Borrow'ees the period of redemption (rain judkialsahesmll be reducal w 6 mord s. It the coon finds that tile Properly hu been abandoned by Borrower and Lender waives mry rig; I to a deficiency- d, eficiency jad, ent again,Borrower,%he period of redemption front judicial sats shall be reduced to 60 da)v, se pruvisions of IIsi, Stcuon 26 shall becunsuued to conform to the pruvlsions ofSeaions 628.26 and 62817 orthe Code of (oum. BY SIGMNG BELOW, Borrosvor accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Burrower and recorded with n. Witnesses: (Seal) Borrontr Jol miah pluley (Seal) Bormwer (Sant) Oortower (Soap Borrowv:r 101V.1-Surtln c••.:r._h«,.rr.nv¢,IJir il:r[IMrllVllnl l\trl(WIEy! FmuJale INI fF�WNaya p:.•q Cnatirr Tlankkm, hn. N O � _ �, r CA STATE OF Iowa COUNTY OF Johnson (Since Oclow This Linc For Aclo owledgntenq J j ss: On This 18th dayof June 1 30117 , before me, the umlersigned, a Notary Public in and far said county and sura, personally appeerad: r.emi,,h Finlgyzaxim•le pnrsnn to me personally known to be the persou(s) named m anti wio executed the foregoing iashumem, and ncknowledged that he exeaned the sameas his voluntary actand deed. My commission expires:03109/3010 KERIC IiAUtdG.1RTM C 0 f c11 eRIC nNL•a1amT•d7]t7 NomryPuulieInuta r ahlC0un17mdStateMY Cc miJan Expires Eric P 6auingm1b� y 0—.-- ISpaec 1SFlmr"fhis Linc Reserved Pur Lender and Iitturdur IOn'.1.SL rk e --n•- — lrxtrhrNk mnc urnronat mrritumiiAT I fwn,3016 IMI fM.e➢u/OPUFeq C1ra0. 1111.1al.,ins. N O �� ry O fg Y y C) -< i p® m � cn lD O W 1 O� � N �D ?repvad by and RCTURN TO: Imus Slate Bank and Trust PO Box 1700.10w•u City IA 522" talephare 319.356-5960 Title at Oocompnc Rider to mortgage Gunder. Jeremiah O Finley (bpmovrar(s)) Grantee: lona State Bank and Trust Company (tender) RIDER TO MORTGAGE This Tax-E.%ampt Financing Rider to M,ongage, umdo do dale noted below, is IOCmporaled Into and slmll bo doomed to amend and euppleinent the 6tcngag0 01 the same Cale given Cy Ilia undersigned (Ihe'kIOrIPagcr) t0 secure that Morkgagars Note to Iowa State Bank and Trus: (here:.,, the'Lender) and cWar,n,, the proporty, dascriaed i0 Ne Por.gage (the -Propenyl to eihlch this Rider Is attached. The provisions harper shad pmvail rem -met curding any canNary, provlslaia In any riole or other Instrument which evidences Ne oGmgalions secured by the r: Ongoge As long as the Mongogu is hold by the lova Flnance AUOrony or backs a mongage-backed security held by Ne Iowa Finance Authority. Countrywlde HOMO LOanS. Inc. (the'SeNIcen or such 01 Its successors or assigns as may by separate instrument assume recponsibAly, for assuring campllance by the 6long agar with the provisions of this RWeq mil' discrete all sums secured by the 1,10n039e to be Immedlattl y due and Payette if. (1) all or part of Inc progeny Is cold or dlhp else transferred (other pian by davits, descent or Cporaticn of law) by 1110 Mortgagor to a purchaser or other tnnsfehe; a• ,he cannot reasonable to expecled to occupy the property M a pnnopal rost.detSe within a reas!naMe lime eller the tale Or transfer. all as provided in Seatipn 113(c) and (i)(2) of Ole Internal Revenue CoAC o! 1686, as amended (the'Codo'); or b who has had a present Ownership interest in 0 pfinCO31 reSldEntar during any pan of Ole three-year pill ending on the sale 01 Ne sale or frontier. Was prWkted In Senbn 143(d) and (t)(2) of the Casa (...;I that Ih. laagua5e-100 pe60nl• shall be substituted Ici percent or mare -where kilo Iatior associate in Section unless Ne prapelyy Is In a Targeted Area, or c at an acquisition cost whoop is greater Nan 90 percent of Ne average area purchase price (greater than 110 percent lot Targeted Area residences). all as provided in Section I43(e) and (1(2) of the Code; or 0. who has a gross lamlly Income In excess at applicable median family income, all as provided in Section 143(0 and (1)(2) of the Code, or (2) the Mengo0o, foils, or coases. to o¢upy, Na Property without the prior "(,Iran consent of Ilia Mon0ages or Its suesesars or assigns; pr (3) the f todgager omits or mrsreprosemo a fool Nal i., Indictor wun respect la he provisions of Section 143 of the Cites in the application for the Mortgage which sec'Jres the Note. References are to the Coda In effect on No date of IM aaeallian o: de, Mortgage and are assured :o hiClude Ne applicau'e rmplomarliry regulations. By sgni30 below, Ne Moncagor(o))accom- and once, to the terms of the nlder to mongago ICA —0q l P,or n r Co•Bonmver Jeremla OFtNay Typed Ieame Typed blame This inslNmAnl was acknowledged before me on WIQ OT by Jeremlah 0 Finley a9 Morgagonll). m� ERIC BAUMGARTH o . Commisslon Number 727317 my cc : Sion Expires AFFIDAVIT STATE OF IOWA SS COUNTY OF POLK I, Benjamin W. Hopkins, state that I am one of the attorneys for the Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney fees to be taxed herein. I certify under penalty and perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated this 4th day of November , 2013 Exhibit "J o r oA = M b� N 0 0 END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: IOWA COALITION AGAINST THE SI vs DEFENDANT: CITY CLERK Requestor(s) Phone COLE,ROCKNE (319) 337-2063 209 E WASHINGTON STE 305, IOWA CITY, IA 52240 M Name Party Type Address E -Mail Employer Comments MNI Information Race Birth Date Height Eyes Notes Docket No 13-02824 State IOWA Court No CVCV075599 County JOHNSON Ref No Received O6/112013 ADVANCE FEES PAID Zone phone 0 Fax 0 Documents Document Serve by Date OE PSR Description/ Special Instructions NOTICE Service Information DatePJTiim�e M Type Party /i p y )4 y� kq I Relationship (�F— Sh'►ra�s1ST Race �l Sex � DOB Location �� �✓kr Miles C Fee Officer Attempts Log U,e me Notes: ``ever 'votes -ate Time Server Printed: Tuesday, June 11, 2013 Johnson County Sheriffs Office Noes 4� Page 1 of 1 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IOWA COALITION AGAINST THE SHADOW, ) ROCKNE COLE, ) PLAINTIFFS, ) vs. ) CITY COUNCIL OF IOWA CITY, ) DEFENDANT. ) CASE NO.C4 075" ORIGINAL NOTICE TO THE ABOVE NAMED DEFENDANT: CITY COUNCIL OF IOWA CITY You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant in this action. A copy of the petition (and any documents filed with it are attached to this notice. The attorney for the plaintiffs is Christopher Warnock, whose address is 532 Center Street, Iowa City, IA 52245. That attorney's telephone number is (319) 358-9213. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext -1105. (If you are hearing impaired, call Relay Iowa TTY at 800-735-2942). CM (COvef OhLc�� CA J F r-�nV,c e-� KIM HALVERSON CLEIK OF THE ABOVE COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IOWA COALITION AGAINST THE SHADOW, ) ROCKNE COLE, ) CASE NO. G \JGV 0755-19 PLAINTIFFS, ) VS. ) CITY COUNCIL OF IOWA CITY, ) PETITION FOR �o`r WRIT OF CERTIOR DEFENDANT. ) �o " e COME NOW, the Plaintiffs, the Iowa Coalition Against the Shadow and its co% chair Rockne Cole, individually, by and through their attorney, Christopher Warnock, who appears pro bono publico and in support of their Petition against the Defendant, City Council of Iowa City, states to the Court as follows: ro 1. Plaintiff Iowa Coalition Against the Shadow' ("ICATS") is an Iowa unicorporated association founded to uphold the Iowa City comprehensive zoning plan and to stop the development of high rise buildings at the corner of Gilbert and'College Streets in Iowa City.Z 0 2. On January 8, 2013 the Iowa City Council voted 5-1 to accept the proposal of developer Mark Moen to build a 20 story high rise building ("Moen Tower Proposal") on several parcels at the corner of Gilbert and College Streets ("Gilbert & College Parcels") in Iowa City, currently owned by the City of Iowa City. Since the Gilbert & College Parcels are currently zoned P-1, it would be necessary to rezone them to CB -10, which ' Iowa Secretary of State #458615 2 The legal description of the parcels are as follows: A. Bus Depot- Lot 1010453002- S 70' LOT 5 & COM SW Bus Depot COR LOT 6 BLK 43; E 8 1/2'• N 70'• W " 9.39% S 70' TO BEG; B. Parking Lot 1010453001- BLK 43 EXC E 70' LOT 6 & EXC S 70' LOT 5 & EXC S 70' OF W 10; 1 C. Bike Library - 1010453003 E 20' OF W 3 0' LOT 6 BLK43 allows for unlimited building height, in order to accommodate the Moen Tower Proposal. As of June 10, 2013 no application for rezoning the Gilbert & College Parcels to CB -10 has been filed. 3. On February 25, 2013, Plaintiff Rockne Cole, the co-chair of ICATS, filo a rezoning application individually and on behalf of ICATS seeking to have the Gill P� '- College Parcels rezoned from P-1 to CB -5. os, -o t s �h 4. Staffreview3 completed March 29, 2013 stated that CB -5 zoning was :c-� .• 00 appropriate for the Gilbert & College Parcels, however, the report recommended denyin' CB -5 because of the Moen Tower Proposal and argued that CB -10 was the appropriate zoning for the parcels. 5. The Iowa City Planning and Zoning Commission ("PNZ") held two hearings, one on April 4, 2013 and one on April 18, 2013, to consider the application for rezoning. The hearings had unusually large public attendance and significant public input, predominately in favor of the rezoning, but at its April 18, 2013 hearing the PNZ voted 5- 2 to issue a final report and recommend denying the application for rezoning because of the Moen Tower Proposal. Two Planning and Zoning Commission members issued written dissents from the final report. 4. Plaintiffs appealed to the Iowa City Council and on May 14, 2013 the City Council voted 5-2 to accept the PNZ's final report and to deny the application for rezoning, on the grounds that Plaintiffs' application to rezone was not prompted by a building application and because of the Moen Tower Proposal. 5. This petition for writ of certiorari timely followed. r, s Iowa City Code §14 -8D -1(C) w 0 COUNT ONE - DENIAL OF DUE PROCESS - o �!{n 'W% ARBITRARY & DISCRIMINATORY DECISION MAKING y p .`". 6. Plaintiffs requested rezoning to CB -5 and were entitled to a decision on &0 O merits. Instead, as is clear from the staff report, PNZ decisions and dissents and City { g Council proceedings, the decision to deny CB -5 zoning was not made because CB -5 WE&O v inappropriate, in fact the staff report specifically states, "CB -5 appropriate" , but rather because these decision makers had already prejudged the issued and decided to grant CB - 10 zoning so that the Moen Tower Proposal could go forward. 7. Furthermore, an additional basis for denial was that the Plaintiffs' application for rezoning was not accompanied by a building proposal. This requirement is not set forward in the Iowa City or Iowa Codes. Furthermore, this requirement strikes at the most basic requirement of Iowa zoning law, that zoning comport with a comprehensive plan. Iowa Code §414.3. Requiring a building proposal before any zoning can take place forces a piecemeal and last minute approach to all zoning decisions. In addition, it means that citizens, neighborhoods and the city itself may not take a pre-emptive approach to planning and zoning, and only developers can seek rezoning. 8. The City Council's decision was therefore arbitrary, discriminatory and constituted a denial of due process. J C� d W O COUNT TWO - VIOLATION OF THE IOWA CITY COMPREHENSIVE PLAN & IOWA CODE §414.3 9. Assuming arguendo that it was appropriate to even consider CB -10 zoning in the context of Plaintiffs' application to rezone the Gilbert & College Parcels CB -5I? r, CB -10 zoning violates the Iowa City comprehensive plan and the Iowa Code, "Th%'� [zoning] regulations shall be made in accordance with a comprehensive plan..." Iowa o O 0 S Code §414.3. = 10. Under the Iowa City Comprehensive Plan ("Comprehensive Plan"), the V Gilbert & College Parcels were not included in the Downtown Master Plan or the Central District Plan, instead the Comprehensive Plan states that the parcels should be zoned to as to provide "appropriate transitions to the lower -density residential neighborhoods that border them."4 11. The Comprehensive Plan states, "Residential density, building bulk and height should gradually decrease the further these areas are from the Central Business District in order to provide a transition to lower density residential areas that surround the downtown."5 12. CB -10 is the maximum density commercial zoning, allowing for buildings with unlimited height, thus clearly inappropriate for the Gilbert & College Parcels, located as they are in a transition zone. 13. The area in question is a transitional zone. ° Comprehensive Plan (IC 2030) 5 Central District Plan Oct. 1, 2008 at p. 62 O 14. In July 2005, the City considered rezoning various CB -2 properties, including those in the transition zone less than two blocks wide between Gilbert and C' �o Johnson Streets. y� G 15. In the Staff Report from July 15, Staff noted: o O C -)s There are a number of zoning designations that could replace the CB -2 Gy designation. When considering the best fit for particular properties, staff ; looked at the surrounding zoning, the existing land uses in the area. and how a particular zoning might affect the surrounding neighborhood. 9� 16. Taking those factors into consideration, staff proposed CB -5 for the two privately owned properties surrounded by public properties: the Unitarian Church at the corner of Iowa/Gilbert, and the MidAmerican property that makes up the eastern side of the College/Gilbert development site. 17. In its report recommending CB -5, City Staff indicated: "Rather than a stepping down in building height/bulk, CB -5 zoning on the east side of Gilbert St. simply mirrors existing Downtown conditions, and that "CB -10 zoning would result in an increase in density above eeneral Downtown conditions." 18. As the City's own staff confirm, this is a transitional area, and as such, CB -5 is an appropriate zoning designation. COUNT THREE ILLEGAL SPOT ZONING 19. Assuming arguendo that it was appropriate to even consider CB -10 zoning in the context of Plaintiffs' application to rezone the Gilbert & College Parcels CB -5, CB - 10 zoning constitutes illegal spot zoning, Spot zoning results when a zoning ordinance creates a small island of property with restrictions on its use different from those imposed on the surrounding property. Spot zoning is not automatically invalid. If it is germane to an object within the police power and there is a reasonable basis,-, 1 to treat the spot -zoned property differently from the surrounding property, thr spot zoning is valid. y In determining whether there is a reasonable basis for spot zoning, we yo 0@ consider the size of the spot zoned, the uses of the surrounding property, the G changing conditions of the area, the use to which the subject property has ��-A 0� �- been put and its suitability and adaptability for various uses.` Little v. Winborn, 518 N.W.2d 384, 387 (Iowa 1994) 20. The proposed Moen Tower would be the tallest building in the city, radically taller and more dense than the surrounding buildings and as noted would violate the Iowa City comprehensive plan. In Kane v. Council of Cedar Rapids, 537 N.W.2d 718 (Iowa 1995) the Iowa Supreme Court held that spot zoning legal when only, "..the plan did not give the developer any special privileges." 21. In this case zoning the Gilbert & College Parcels CB -10 would be for the sole purpose of benefiting the developer, who would be allowed to violate the comprehensive plan and to have rival zoning applications defeated, before his own application is filed. WHEREFORE, Plaintiffs request that this Court overturn the decision of the Iowa City Council and rule that C13-5 zoning is appropriate for the Gilbert & College Parcels. Respectfully submitted, CHRISTOPHER WARNOCK ATW49679- 532 Center Street — Iowa City, IA 52245 (319)358-9213 -' chriswamock@gmail.com ATTORNEY FOR PLAINTIFF Pro Bono Publico END OF CASE FILE END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NCS PEARSON, INC., ) Plaintiff, ) No. �Qu0-151)3 V. ) APPLICATION FOR TEMPORARY RESTRAINING ORDER ANP�o CTI'Y OF IOWA CITY, IOWA ) TEMPORARY INJUNCTIO Defendant. O Plaintiff, NCS Pearson, Inc., pursuant to Iowa Rule of Civil Procedure 1.154%*d 1. 1502, files this Application for Temporary Restraining Order and/or Temporary Injunction, and states: This case involves the City of Iowa City's purported effort to condemn part of Pearson's property on North Dodge Street to facilitate an economic development project known as Moss Ridge Campus office park. See Petition in Equity, filed herewith. 2. Pearson seeks to restrain and enjoin the City from proceeding to condemn Pearson's property in violation of Iowa's eminent domain statute. Stellingwerf v. D.J. Lenihan, 85 N.W.2d 912, (Iowa 1957) (temporary injunction is proper remedy to test whether a governmental agency lawfully can condemn land, noting that landowner has no adequate remedy at law in the condemnation proceedings to prevent the condemnation). 3. The City has scheduled a meeting of the Compensation Commission on August 5, 2013, at which time the Commission is to review the subject property aig determine Co the amount of compensation to award Pearson. D n c �m z M G „y� {0I485557.DOCX} ��( f -`a N C!1 tl; 4. Once the Commission determines the compensation award and the City deposits the award with the Johnson County Sheriff, the City would have the right to take possession of Pearson's property under Code Section 613.25 and proceed with the construction project at issue. Pearson has a filed a Petition in Equity to enjoin the eminent domain proceeding. Pearson challenges the City's right to take private property for economic development purposes in violation of Iowa Code § 6A.22(2)(b). Stellingwerf supra; Lewis Investments v. City oflowa City, 703 N.W.2d 180 (Iowa 2005); Mann v. City of Marshalltown, 265 N.W.2d 307 (Iowa 1978). 6. Code Section 6A.24 specifically permits Pearson to make this challenge separate from any challenge to the amount of the compensation award. If the Compensation Commission meeting and the City's subsequent statutory right to take possession of Pearson's property are not enjoined, Pearson will be deprived of a remedy under Section 6A.24, and will have no adequate remedy to challenge or prevent the City's taking of Pearson's property. Stellingwerf, supra. 8. "A temporary injunction is a preventative remedy to maintain the status quo of the parties prior to final judgment and to protect the subject of the litigation." Lewis Investments, 703 N.W.2d at 184. Pursuant to Iowa Rule of Civil Procedure 1. 1502, a temporary injunction may be allowed when necessary to prevent the Plaintiff from great or irreparable injury. 9. Here, Pearson faces a substantial likelihood of great or jlreparaW harm if O w. the City proceeds. The City plans to condemn some of Pearson's property in��iTTke anToo r m 'gym b {01485557.nocx} 2 CD N D cn v plans to obtain permanent and temporary easement interests. A total of 13.29 acres of Pearson's property will be impacted by the City's proposed plans. The project includes constructing a road, installing sewer systems, and maintaining a permanent easement. The City's total estimated project costs for Moss Ridge Road exceed $4.4 million. 10. Based on its review of the project plans and maps, Pearson has concluded that the proposed improvements and easement locations will threaten the operation of utilities serving Pearson's Iowa City campus, including electrical and fiber optic lines. Pearson maintains a global data center at the location. Any interruption of the utility services would have disastrous consequences for Pearson and its customers. See Affidavit of Jerry Raaz, attached hereto. The consequences could include interrupting live test -taking operations throughout the world, interfering with contracts that impose liquidated damages if Pearson cannot perform, and impairing operations at Pearson's 1,000 plus employee site in Iowa City and other dependent sites in Iowa and elsewhere. Id. 11. Pearson has suggested alternatives to the City, including relocating the road or relocating utilities before constriction. The City has rejected these proposals. The City instead served its Notice of Public Meeting of Compensation Commission, leaving Pearson with no choice but to seek injunctive relief. 12. No Petition or Application for Injunctive Relief seeking the same relief sought herein, or part thereof, has been previously presented to and refused by any Court or justice. WHEREFORE, Plaintiff, NCS Pearson, Inc., respectfully requests thuthis Court temporarily restrain and enjoin the City of Iowa City from: (1) proceeding xc Cl)-< r m _ 101485557.00cxi 3 o� Vl Compensation Commission meeting scheduled for August 5, 2013; and (2) proceeding with any other actions that purport to exercise eminent domain authority over Pearson's property in connection with the Moss Ridge Road project until such time as the Court resolves the underlying issue as to whether the City's attempted use of eminent domain authority is lawful under Iowa Code Chapters 6A and 6B. VERNON P. SQUIRE (#AT0007443) BRADLEY & RILEY PC 2007 First Avenue SE P.O. Box 2804 Cedar Rapids, IA 52406-2804 Phone: (319) 363-0101 Direct Dial: (319) 861-8725 Fax: (319) 363-9824 Email: vsquires(abradleyriley.com ATTORNEYS FOR THE PLAINTIFF Copy to: (0I485557.DOCX) H 0 `o D � —+ c r c7—C r M 1Ln U (0I485557.DOCX) IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NCS PEARSON, INC., Plaintiff, V. CITY OF IOWA CITY, Defendant. STATE OF IOWA ) ss: COUNTY OF JOHNSON ) No.EQCVO7S7 /3 0 ��n r Op N s v -j Jerry Raaz, being first duly sworn on oath, deposes and states as follows: I am Vice President, Real Estate and Facilities, for NCS Pearson, Inc. ("Pearson'. I have personal knowledge of all matters contained in this affidavit, either from direct observation or based upon information provided by others that is the type of information I regularly rely upon in the conduct of my employment. 2. Pearson operates a global data center as part of its operations at 2510 North Dodge Street, Iowa City, Iowa. 3- Pearson has reviewed the City of Iowa City's plans to construct a road, including necessary easements, as part of the Moss Ridge campus office and retail park. This has included review by civil and electrical engineers. 4. The City's plan presents extraordinary risks to Pearson's operations. The plan would require excavation and heavy traffic on or near Pearson's critical infra Mwtiue, including electric and fiber optic lines. The plan not only presents a risk of damage to the lines (01485556.DOCX) during construction, but also long-term degradation to the utilities based on traffic and easement activity. The risk to Pearson of damage to the utilities is substantial. Any unplanned interruption to the utilities — regardless of how long it might last — would hamper data access and/or data transfer to customers. Many of Pearson's worldwide customers depend on 24- hour operation and access to data stored at Pearson's Iowa City campus. This includes activities such as online testing for educational service providers and private businesses, including customers in the United Kingdom, Japan, Australia, India, China and Canada, as well as throughout the United States. 6. In addition, some of Pearson's contracts include liquidated damages penalties if Pearson fails to perform. An unplanned outage could trigger these penalties, presenting undue financial burden on Pearson. An unplanned outage also would cause severe damage to Pearson's reputation. Pearson has earned a stellar reputation for providing reliable access to data and related services. The potential interruption of such access and services during a construction project could have catastrophic effect on customers' perceptions. 8. The Iowa City campus also has approximately 1,000 employees, and provides services to five other business locations in Iowa and other states. Any interruption to utility service at the Iowa City campus would have ripple effects to these locations. 9. Pearson has tried to negotiate with the City of Iowa City for an alternative approach. This might include relocating the location of the roadway or relocating utilities prior C to construction. Pearson has not been able to reach any agreement with LI City C;Rowa City. An � 'n icy F (01485556DOCX) 2`�t j -� M n� Z � v FURTHER YOUR AFFIANT SAYETH NOT. Dated this day of- LAI 2013. JERK 4-4- Subscribed and swom to before me this [Z day2013. BABRB! E R Fit�ERICK Coeymy�rioaNLW 733387 ow Y1YCm �� f 0!485556DOCX) Notary Public in and for the State of Iowa N d W C -In rn a T� Qn IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NCS PEARSON, INC., Plaintiff, V. CITY OF IOWA CITY, IOWA Defendant. TO THE ABOVE-NAMED DEFENDANT: No.yo 13 ORIGINAL NOTICE You are notified a Petition in Equity was filed on July TTL 2013 in the office of the clerk of the above court. A copy of the Petition in Equity is attached. The Plaintiffs attorney is Vernon P. Squires of Bradley & Riley PC, 2007 First Avenue SE, PO Box 2804, Cedar Rapids, Iowa 52406-2804; telephone number 319-363-0101, with a facsimile transmission number 319-363-9824. You must serve a motion or answer within 20 days after service of this original notice upon you, and within a reasonable time thereafter, file your motion or answer 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. If you need assistance to participate in court due to a disability, contact the disability coordinator at: 1-319-398-3920, eat. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. KIM HALVERSON (SEAL) Clerk the above Court iJa Johnsol County Courthouse Iowa City, Iowa 4 c IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCOW PIWTE6h YOUR INTERESTS. C.2 to o'er i at7% cn (01485576.DOC) IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NCS PEARSON, INC., Plaintiff, V. CITY OF IOWA CITY, IOWA Defendant. follows: No. F t,) : l VV PETITION IN EQUITY r 0�n f✓ s c co .c—N C -- Plaintiff, Plaintiff, NCS Pearson, Inc. ("Pearson"), for its Petition in Equity, stati 'A Pearson brings this action under Iowa Code Section 6A.24 seeking declaratory and injunctive relief regarding the Defendant City of Iowa City, Iowa's ("City of Iowa City" or "City") authority to acquire Pearson's property via eminent domain proceedings under Iowa Code chapters 6A and 6B. Pearson is a Minnesota corporation with a facility located at 2510 North Dodge Street in Iowa City, Iowa. The Pearson facility in Iowa City is one of the largest and strategically significant properties in Pearson's global portfolio. 4. The City of Iowa City is an Iowa municipal corporation authorized to exercise eminent domain authority under Iowa Code Section 6A.4(6), but only as set forth under M Chapters 6A.4 and 6A.5. o W Dy {0I485553.DOCX} 5. On or about January 5, 2013, the City mailed to Pearson a Notice of Intent to Acquire Property Rights in connection with the City's planned Moss Ridge Road project. A copy is attached as Exhibit 1. 6. On February 5, 2013, the City Council approved a resolution to condemn certain real property owned by Pearson, legally described as a tract of land located in the Southwest Quarter of Section 36, Township 80 North, Range 6 West. A copy is attached as Exhibit 2. The City's condemnation action includes the fee acquisition of a portion of Pearson's property to build a road (Moss Ridge Road), acquisition of a permanent easement, and obtaining a temporary construction easement. A total of 13.29 acres of Pearson's property will be impacted by the City's proposed Moss Ridge Road project, which the City has estimated will cost in excess of 4.4 million dollars. 8. On or about May 31, 2013, the City of Iowa City initiated condemnation proceedings by filing an Application for Condemnation in the Sheriffs Office of Johnson County, Iowa. The Application asked for the appointment of a Compensation Commission. A copy is attached as Exhibit 3. 9. On June 5, 2013, the Hon. Patrick Grady issued an Order appointing compensation commissioners. A copy is attached as Exhibit 4. 10. Thereafter, the City of Iowa City served a Notice of Public Meeting of Compensation Commission to Assess Damages for Taking of Property. Yapy attaced as a� 7 j Exhibit 5. The Notice of Public Meeting schedules the meeting for Augt2',< prn = 3 n� tV Q N v {01485553.DOCX} 2 11. Moss Ridge Road is not included as a part of the City's Comprehensive Plan or the Metropolitan Planning Organization of Johnson County's (MPOJC) Long Range Transportation Plan. Both plans call for access to the Moss property and adjacent land to be provided via the planned extension of an arterial street known as Oakdale Boulevard westerly from Highway 1. In late 2011, due to the financial cost of constructing Oakdale Boulevard to provide access to the proposed Moss Ridge Campus office park, the City proposed constructing Moss Ridge Road. 12. The sole purpose of constructing Moss Ridge Road is to provide access to the Moss Ridge Campus office park west of Pearson's property. See aerial photo attached as Exhibit 6 (identifying road as North Pearson Drive). Moss Ridge Campus office park is a private economic development project. 13. Code Section 6A.22 permits an acquiring agency to condemn private property through eminent domain only for a public purpose, public use, or public improvement. 14. Under Code Section 6A.22(2)(b), the terms "public purpose," "public use," or "public improvement' specifically exclude economic development activities resulting in increased tax revenues, increased employment opportunities, privately owned or privately funded housing and residential development, privately owned or privately funded commercial or industrial development, or the lease of publicly owned property to a private parry. 15. On January 22, 2013, the City passed a Resolution authorizing the City's grant application to the Iowa Department of Transportation for Revitalize Iowa's Sound Economy (RISE) funding for the Moss Ridge Road project. The City was si.cl qulMly awarded a RISE grant from the Iowa DOT. A copy is attached as Exhibit 7. n-< _ (01485553.DOCX) r � os rn 'v CA v 16. The City admitted in its application, resolution and related grant submittals that the purpose of Moss Ridge Road is to promote economic development activity in the community. See attached Exhibit 8. 17. The City's purported exercise of eminent domain authority to acquire Pearson's property is unlawful because Chapter 6A specifically prohibits the use of eminent domain to promote economic development activities. 18. Although Pearson generally encourages economic development and has proceeded to negotiate with the City in good faith, Pearson has been unable to reach an agreement with the City on critical issues concerning the construction of Moss Ridge Road. As a result, Pearson must challenge the City's eminent domain authority under Iowa law. 19. The City's proposal creates a substantial risk of harm to critical infrastructure and utilities serving Pearson's Iowa City campus. The plan would require excavation and heavy truck traffic on or near electric and fiber optic lines. Any damage to these utilities or interruption to Pearson's global data center would have disastrous effects on Pearson and its customers. Pearson believes the only reasonable way to address the risk is to move the location of the road or relocate the utilities so they are outside of the planned right-of-way and easement areas before construction begins. 20. The City has refused to relocate the right-of-way or the utilities. 21. If the City proceeds with the damages assessment by the Compensation Commission on August 5, 2013, and thereafter deposits the damage award will the JR&nson O w County Sheriff, the City could take possession of Pearson's land and begin ob .i'C-[juigbn. 22. Pearson has no adequate remedy at law. a 2 m GI (01495553.00cx( 4 '' 23. Pearson has filed herewith an Application for Temporary Injunction/Temporary Restraining Order to preclude the City from proceeding with eminent domain proceedings, including the Compensation Commission meeting scheduled for August 5. Count I — Declaratory Judgment 24. Pearson restates Paragraphs 1-23 as if fully set forth herein. 25. Pearson requests that the Court declare the City's purported exercise of eminent domain authority is unlawful under Chapter 6A in that it does not accomplish a public purpose as defined therein. 26. Under Code Section 6A.24, Pearson requests its costs and reasonable attorney's fees. WHEREFORE, Plaintiff, NCS Pearson, Inc, respectfiilly requests that the Court enter judgment in its favor, declare that the City's purported exercise of eminent domain authority does not accomplish a public purpose as defined by Iowa Code Section 6A.22, enjoin the condemnation proceedings, award Pearson its costs and attorney's fees, and for such other further relief as the Court deems appropriate. Count II — Injunctive Relief 27. Pearson restates Paragraphs 1-26 as if fully set forth herein. 28. Pearson requests that the Court temporarily and permanently enjoin the City from proceeding with the eminent domain proceedings described herein. 29. The purported exercise of eminent domain authority is not authorized H 0 under Iowa law. o` w Q. --. �� $ r r M p� 3 x N O {01485553.DMX} 5 n Ut V 30. Pearson has no adequate remedy at law, and stands to suffer irreparable harm if the City proceeds with condemnation proceedings, including the August 5, 2013 meeting. 31. Pearson has filed herewith its Application for Restraining Order and Temporary Injunction. WHEREFORE, Plaintiff, NCS Pearson, Inc., respectfully requests that the Court temporarily and permanently enjoin the City of Iowa City and all persons or entities acting on its behalf or at its direction, employment or agency from proceeding with any eminent domain proceedings as described herein, including but not limited to enjoining the scheduled meeting of the Compensation Commission on August 5, 2013. Copy to: (01485553.DOCX} 1'4v— VERNON P. SQUIRES (AT0007443) BRADLEY & RILEY PC 2007 First Avenue SE P.O. Box 2804 Cedar Rapids, IA 52406-2804 Phone: (319) 363-0101 Direct Dial: (319) 861-8725 Fax: (319)363-9824 Email: vsquires(gDbradlevrilev.com ATTORNEYS FOR THE PLAINTIFF N O O C7 .,y w C f C"< -i C7 tD r' Cn Co NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE MOSS RIDGE ROAD PROJECT TO: NCS Pearson Inc. 5601 Green Valley Drive Bloomington, MN 55437 Stephen A. Moss David G. Moss 3354 Kenruth Circle NE Iowa City, IA 52240 Leo H Fuhrmeister 3292 Highway 1 NE Iowa City, IA 52240 Neal Llewellyn (1/2 Int.) Hills Bank & Trust Co. Service, Trustee Otologic Medial Medical Sery PC 401K Profit Sharing Plan (1/2 Int.) 590 W Forevergreen Road N North Liberty, IA 52317 0 w *� 7n Chapter 6B of the Iowa Code requires a governmental body which proye$4 to"acquito— property rights under power of eminent domain for a public improvemerrp4jecgo gi� notice of the project to all agricultural property owners whose properties ma _&3o ar�dn to hold a public hearing. :<rn = 1. DESCRIPTION OF THE PROJECT. �� N a Ln CID NOTICE IS HEREBY GIVEN to the above -identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Moss Ridge Road Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of Moss Ridge Road from N. Dodge Street/ Highway I to the proposed Moss Ridge Campus @ Rapid Creek Preserve and associated infrastructure. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above -identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. EXHIBIT 'r 1 In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 5" day of February, 2013 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Moss Ridge Road Project please contact the following person: Denny Gannon City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (3 19) 356-5142 5. THIS NOTICE IS FOR INFORMATION ONLY PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet detennineeto unti,'take the above-described project or to acquire property rights for the project. This Notic@odoes not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article 1, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6854) 0 O QE ��w AND IS NO CO ER T(L The City Council of the City of Iowa City, Iowa has not yet detennineeto unti,'take the above-described project or to acquire property rights for the project. This Notic@odoes not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article 1, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6854) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 613.4, 6B.7, and 613.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 613AA) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 613.25 and 6B.54(I 1)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 613.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds I10 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §613.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) I. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. N 0 A64�ZZ2 -n Marian K. Karr City Clerk i FS= m o= v N CO M49 - 7 prepared by Cerny Gannon. Sr. Civil Er* , 410 E. yWashinplon St, Iowa CRY, IA 57240 3193555142 RESOLUTION NO. 11-17 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MOSS RIDGE ROAD PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon had, and WHEREAS, the City of Iowa City desires to construct the Moss Ridge Road ("Project") which includes the construction of Moss Ridge Road from N. Dodge Street/ Highway 1 to the proposed Moss Ridge Campus @ Rapid Creek Preserve; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and e WHEREAS, funds for this project are available in the Mass Ridge Road account S 315. 9.4 C7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OSA , 101p( THAT' .0 1. It is the City's intent to proceed with the Moss Ridge Road Project. ; Cm 2. The City Council finds that d is in the public interest to acquire property e construction of the Moss Ridge Road Project ("Project") which Prof constitoFs a public improvement under Iowa law. The City Council further finds that acquisition of said prggerty rights is necessary to tarty out the functions of the Project and that such Project constitutes a valid public purpose under state and federal law 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of 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. 4. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 4. In the event negotiation is successful. the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5 in the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. EXHIBIT 0 a Resolution No. 13-37 Page 2 Passed and approved this 5th day of February , 20_13___. ATTEST: 22ki e,c> ?ice CITY MERK Ap oved bypJ 7 - roY k1a City Attorney's Office I I j It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS x x x x Y pv glnwMWWQ,AMPMPAW ASSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton N O 0 JN r— m cn CD IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE MOSS RIDGE ROAD PROJECT Property Owner: NCS Pearson, Inc. by the CITY OF IOWA CITY, IOWA, Applicant. 0 r ly, � an rn APPLICATION FOR CONDEMNATION TO: PATRICK R. GRADY, CHIEF JUDGE, SIXTH JUDICIAL DISTRICT YOU ARE HEREBY NOTIFIED that the Applicant City of Iowa City, Iowa, a municipal corporation, desires to take, acquire and condemn a fee simple interest, permanent easement interest and temporary easement interests in the properties hereafter described, 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. The City of Iowa City desires the rights specified in the properties sought to be condemned for use for the MOSS RIDGF. ROAD PROJECT, I. PROPERTY TO BE ACOUIRED: PUBLIC USE OR PURPOSE FOR THE TAKING. A. FEE SIMPLE INTEREST. The property in which the City seeks to acquire a fee simple interest for the MOSS RIDGE ROAD PROJECT is shown and legally described on the attached acquisition plat. Said Acquisition Plat is marked Exhibit "A" and by this reference made a part hereof The fee simple interest in Exhibit "A" will be used by the City of Iowa City 3 � , for the public purpose of constructing, repairing, maintaining, and using certain street, storm sewer, sanitary sewer and/or water main, and related public improvements to be constructed in conjunction with the MOSS RIDGE ROAD PROJECT. The parcel depicted in Exhibit "A" is legally described as a tract of land located in the Southwest Quarter of Section 36, Township 80 North, Range 6 West. PROPERTY ADDRESS: 2510 North Dodge Street, Iowa City, IA B. PERMANENT EASEMENT INTEREST. The property in which the City seeks to acquire a permanent easement interest for the MOSS RIDGE ROAD PROJECT is shown and legally described on the attached permanent easement plat. Said permanent easement plat is marked Exhibit "B" and by this reference made a part hereof. The said permanent easement interest in Exhibit "B" will be used by the City of Iowa City for the public purpose of excavating for and installing, constructing, operating, maintaining, using and reconstructing a storm sewer for the conveyance of storm water, and all necessary appliances and fittings for use in connection with said public improvement, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over, through and across the permanent easement area and public improvements to be constructed in conjunction with the MOSS RIDGE ROAD PROJECT. The parcel depicted in Exhibit `B" is legally described as a tract of land located in the Southwest Quarter of Section 36, Township 80 North, Range 6 West. PROPERTY ADDRESS: 2510 North Dodge Street, Iowa City, Iowa 1. In connection with this condemnation of the permanent storm sewer and drainage easement, it is specifically provided as follows: a. This permanent storm sewer and dram easetuent is being condemned for the purpose of excavating for and installing, constructing��, ti mai ng, using and reconstructing a storm sewer in connection with CITY's R* GE�AD PROJECT and also a right-of-way with right of ingress and egress thereto M4ftthrtogh at'across the permanent easement area. -<r— . m E3= x n x co 2 b. CITY shall have the following rights in connection with the above uses: i. The right of grading the Easement Area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said Easement Area. ii. The right, from time to time, to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Area, or which may interfere in any manner with CITY's exercise of its rights herein. iii. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement CITY's tight to do such work shall be effective only upon CITY's prior notice to OWNER, and with minimal disruption of area. In the event of such emergency repair, CITY agrees to restore said area substantially to its prior condition, as set forth in Paragraphs c and d below. C. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Areas. CITY shall indemnify OWNER against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Easement Area has been completely restored as set forth above and except as expressly provided herein, CITY shall have no responsibility for maintaining the Easement Area. d. CITY shall remove and stockpile existing topsoil from areas to be excavated; and that following installation of the Project, all areas within the Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition with the exception of the replacement of trees, shrubs, and brush_ C. TEMPORARY CONSTRUCTION EASE -KENT INTERESTS. The properties in which the City seeks to acquire temporary construction easements for the Boss RIDGE ROAD PROJECT as shown and legally described on the attached temporary construction easement plats. Said temporary easement plats are marked Exhibits "C" and "D" and by this reference made a part hereof, The said temporary easement interests shown in Exhibits "C" and "D" will be used by the City of Iowa City for the public purpose of facilitating CITY's- construction of the MOSS RIDGE ROAD PROJECT. p �n L C-)-< _ r ern- 3 - _= rn Gil co 4. The parcel depicted in Exhibits "C" and "D" are legally described as tracts of land located in the Southwest Quarter of Section 36, Township 80 North, Range 6 West. PROPERTY ADDRESS: 2510 North Dodge Street, Iowa City, IA 1. In connection with this condemnation of temporary construction easements, it is specifically provided as follows: a. These temporary construction easements are being condemned for the purpose of facilitating CITY's construction of the MOSS RIDGE ROAD PROJECT, which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Areas, as needed to complete the Project. b. The areas sought to be condemned for the temporary construction easements are reserved to the Condemnee until the date the area is actually required for construction of the Project. Said temporary easements shall terminate upon completion of the Project, but in no event shall the temporary construction easements extend beyond two (2) years from the date CITY commences construction of the Project. C. With respect to the Temporary Construction Easements, CITY shall have the following rights and obligations: i_ CITY shall have the right to make excavations within the Temporary Easement Areas, and to grade as CITY may fund reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold OWNER harmless from third party liability during said constriction. ii. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Areas, but excluding the replacement of trees, shrubs and brush on the Easement Areas. CITY shall indemnify OWNER against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein Once the Temporary Easement Areas have been restored to substantially their prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Areas. iii. CITY shall have the right of ingress and egresaoo and from the Temporary Easement Areas by such route within the Temporary Easo ent .ryas as shall occasion the least practical damage and inconvenience to OWNER. C) iv. CITY shall have the right to trim or!affi�ve."& trefribd brush which may interfere with the exercise of CI"fY's rights pursuant to this l orary Ea, n -, Agreement. m a � 7Z M D rr co d. Existing driveways, fences, underground drainage file or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. e. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Project, all areas within the Temporary Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brush. 2. The names and addresses of all record owners and holders of liens and encumbrancers with respect to Exhibits "A", "B", "C", and "D", as far as shown, are as follows: A. TITLEHOLDERS: NCS Pearson, Inc. 2510 North Dodge Street Iowa City, lA 52245 B. LIENHOLDERS. ENCUMBRANCERS, LEASEHOLDERS EASEMENT HOLDERS AND OTHERS: Johnson County, Iowa elo Johnson County Auditor County Administration Building t 913 South Dubuque Street o Iowa City, IA 52240 0 c Johnson County, Iowa c/o Johnson County Treasurer �� m County Administration Building rn -o v 913 South Dubuque Street o� Iowa City, IA 52240 CO LANDS NECESSARY TO ACHIEVE_ THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACOUIRED FOR THE PROJECT. F1 The fee simple parcel in Exhibit "A", the permanent easement interest in Exhibit "B", and the temporary construction easement interests in Exhibits "C" and "D" are required by the City of Iowa City for the public purpose of constructing, repairing, maintaining, and using certain street, storm sewer, sanitary sewer and/or water main, and related public improvements to be constructed in conjunction with the MOSS RIDGE ROAD PROJECT. The City further asserts that said interests constitute the necessary minimum amount of and interests in land to achieve the purpose herein identified, and that no portion of said parcels is being acquired as an uneconomic remnant. 4. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. The City represents and wan -ants that it has undertaken the following activities in attempting to negotiate the purchase of the interests in Exhibits "A", "B", "C", and "D" from the Property owner: a. On February 5, 2013, the Iowa City City Council considered commencement of the MOSS RIDGE ROAD PROJECT and the proposed acquisition of properties for said project, and thereafter adopted Resolution No. 13-37, declaring the City's intent to proceed with and authorizing the acquisition of property rights for the project, including the property interests identified above, 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. b. The City subsequently hired a licensed appraisal firm for the MOSS RIDGE ROAD PROJECT (Commercial Appraisers of Iowa Inc., of West Des Moine-, Iowa) to N O_ 25 D.t C C. r c7� — %0 r �� .<r m -a M �� s IV Ca appraise and determine the fair market value, of the property interests identified above to be acquired from the owner identified above. On March 8, 2013, the Iowa City Attorney's Office mailed to the property owner's attorney an offer to purebase the above identified interests in Exhibits "A", "B", "C" and "D" for the MOSS RIDGE ROAD PROJECT at the fair market value thereof, as set forth in the appraisal and as established by the City Council, together with a copy of the appraisal. The offer was also accompanied by a cover letter offering to meet with the property owner and its attorney. The City Attorney's Office and City's Project Engineer have had numerous conversations with the property owner's attorney. To date, the City has been unable to negotiate acquisition of the property interests described above from the owner 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. O *n W -<r m m = v D � m 7 YOU ARE FURTHER REQUESTED to give written notice to the City of Iowa City, Iowa as soon as the commissioners have been appointed. Dated -maw 13/ .2013. CITY OF IOWA CITY, IOWA Sara Greenwood Hektoen ATFM914 Assistant City Attorney 410 E Washington Street Iowa City, IA 52240 319.356.5030 319-356-5008 Fax icattorney®iowa-city_org APPROVED _)F %r�t� (Date) Lak�z-�l Chief Judge, Sixth Judicial District In accord with Iowa Code Section 6B.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. Sara Greenwood Hektoen ATrOW2914 Assistant City Attorney City Iowa City, Iowa Filed in my office at Iowa City, Iowa, on _ _ _ _ 2013. Sheriff of Johnson County, Iowa 1 C) C-) D � rC— �rn m m a '! Ln Co RIGHT-OF-WAY AQUISITION PIAT A PART OF THE SOUTHWEST QUARTER OF SECTION 38.80.6 IOWA CITY, JOHNSON COUNTY. IOWA �GpOa"'6 $P:D ,+IAS qo I 1I � NW CORNER O, `' 10 O p� 9W /N V I 9EGTON 38-0OS � or I FOUND j'REBAft Wl00T CAP 1 (CORNER CERT BK44, PG. 110) N1NRH UNE SIR+74 SERTIDN 5540-0_ N 88' 35' 35" E 1321.84' N88'W33•E 1304 T? 1 ' ,.. ,. 036$06 I CURVE TA �`'I� 8.34 25• RM77.W �� 'I L�1B4.23' \ 'I CH -28D.04' N72'5947'E sw CORNER IA113 S(..(:OCN36110.8 YTOI Y4Rv'. R -543 .W FOUND 512431 A113CH? (WRNEP CERT BK". PG. 313) 18.70 N 55•5I'35'E 1 .80' I S 72'55'4rW a311:1 EXHIBIT A NE CORNER SW v4 E CORNSFCIICN MRM N RE CORN R FOUND I -IW PIPE SECTION 14 (CORNER CERT. RK 44, PG 110) FOUND ROUND CONC. MON, WITH 'IRON PIN. (CORNER CERT. BK44, PG. 110) POINT OF BEGINNING — R 70sw L-90.51' CN=80.54' N 52•10'40"E N 55•5I'35'E 1 .80' I e, DATA - A-13 ] R-783.61.00 +� L-12' L=157.81 I CH"87 13' 5 i S48. 694VW 5� I i I I I I I LEGEND _, O SET WS' RIX/ RCD WITH YEKLOWCAP 812531 A FOUND MONUMENT, A3 NOTED • FOUNDIRONROO SCALE N RIGHT-OF-WAY AQUISITION PLAT APART OF THE SOUTHWEST QUARTER OF SECTION 36-80-6 IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPTION That pact of the Southwest Quarter of Section 30 Township SO North, Range, a West of the 5M P.M Iowa City, Johnson County, lows 4earnbed a follows- commenting ore a point or relerenoe at Me Nathvreal banner of acid 5outhvwel Duarte,, then NoM 88.3593' Lot 1304.721eetaMW the NOM The of mid Soulhaesl Quarter (assumed head0g for this description only) M the point or beginning; then uantlnang Nath 85'35'33' East 11145 Net along Me NpM the of old Southwest Qualeq them SouSmestady 157.57 Kat along Mew of a 783.00 fool radius curve concave Nororwastany (Hrord Learing St,uth x8'59'49' mid 19.13 feel) to a paint of maganry; thence South 55'51'35' Well 532.31 feet la a pass or wrvatu t, thence Southwesterly 323.56 feel along the eta of a 543.00 foot radius com canrave Ntxthwestorly (ask bearing South 72.55'47' West 310 79 feet) M a potA or tangency; then Phalli 90'00'00" Weal 513.43 feet M a panr Of lntarseclan with Me West line of said Sauthwast Qoa .. oweee NOM 2'M'' " West 55.114 beta" saidWeal Ma; Mince NaM 90'OOT10' Las[ 515511eet to a point of aavWun, Monne Northeasterly 264.23 feet eWip the w of a 477.00 Mol rectus atm concave Northwesterly (aratl Offemg No" 72'55'43'' Fast J80,N Net) to a paint or tangere,; Mance North 55'5195' Eost 215,45 real. Nance Nath 52'02'44" East 160.40 feet: then NOM 55'5115' East 123.86 M a point of wrvaor Mena Nonhereditary 90.61 feel ebng the arc of a 10b.U0 Mat radar wive wndaye Northwesterly (chord beef" NoM 52'1640' East 90.54 Meti to Me point W UegMnmg and cantoang 2.35 aces U01IA110 dM01 W310 ,1110 0Tel 1:1 SURVEY REQUESTED ey: THE CITY OF IOWA CITY vG.gEp tANO,$"p .♦ odtW own .� a 12531 P SURVEYPREPAREO RY SNIVE.NATTERY, INC, 2834 NORTIICATE OR. IONYACI Y, I01:S2745 1319)361.9010 w�Ma � M 9 M➢ tV r �e. W ww�i(♦W nyY, uN. n y[Cr M 4 M.nsw W 4, rin,rm,Ya M'RM Mr�xlw ay oras cavae: law a1 lion WMM1. fan N. wlr ..m cart m exams mwaro a nn ave, .._ 01 t.na -- xo 61 i EASEMENT EXHIBIT STORM SEWER EASEMENT & STORM SEWER AND DRAINAGE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 36.90.6 IOWA CITY, JOHNSON COUNTY, IOWA I I I NWCORNER SW 114 SECTION 3"" FOUND REBAR W/ DOT CAP I (CORNERORNERCERT 81(.I4,PG 110) NORTH LINE SW 114 SECTION 36606 I 606 V` 5 �I MI 10.00�� ^I 'W w a �I WI MOSS RIDGE ROAD •MO��IIJ SW CORNER EDATA.. . 77,00,' SECTig13&806 Ha313 A!I '/700' FOUND MAG NAIL L=30.06' KORNER CERT. ^ 0 Hd 61 -W&W (1311:1 GpOVgO 40,10 11ASo� NIS eao� locol N 8B'38'33'E 13x1.84__ __ - NBB'Y'ITE 1304.72' �T 60118E MTA 6=1'66'06' cuR�v Bntn N•477.07 e•26'4i76' L•10.6Y RN77.W CWIGAT L•223.03' 368' 61' 08• W CH=221.01' S 71. 14'23" W POINT OF BEGINNING STORM SEWER 1'EASEMENT'0' EXHIBIT /R=700.00' I L•00.61' / 185090.64' 5 sr 16• aD^ w , aea3.W 3B W ' - I ,61 �POINT OF BEGINNING I 81ORM 9l1"IER AND ORAWAGE EASEMENT SSY`WL M'W / 0.01' S 6S 61, 36, W 31.26' POINTI -BEGINNING STORMS STORM SEWER FASEMENT'A' I 555.11'38'W 29.2 -- LEGEND A FOUND MONUMENT, AS NOTED • FOUNDIRONROO 0 M m 200 SCALE IN FEET B1.1 NE CORNER SW 114 SECTION 3 4 NE CORNER FOUND /-IR" PIPE NWIA SM14 KORNER CERT. BK. 44, PG. 110) SECTION 36-006 FOUND ROUND CONG MON WITH r IRON PIN. (CORNER CERT. BK41, PG. 110) /R=700.00' I L•00.61' / 185090.64' 5 sr 16• aD^ w , aea3.W 3B W ' - I ,61 �POINT OF BEGINNING I 81ORM 9l1"IER AND ORAWAGE EASEMENT SSY`WL M'W / 0.01' S 6S 61, 36, W 31.26' POINTI -BEGINNING STORMS STORM SEWER FASEMENT'A' I 555.11'38'W 29.2 -- LEGEND A FOUND MONUMENT, AS NOTED • FOUNDIRONROO 0 M m 200 SCALE IN FEET B1.1 EASEMENT EXHIBIT STORM SEWER EASEMENT& STORM SEWER AND DRAINAGE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 3080-6 IOWA CITY, JOHNSON COUNTY, IOWA DESCRIP IION STORM SEWER AND ORAMOE EASEMENT A elorm view and dmmage easement an Met Pan at Me Southeast Quarter of Section 36. Township 80 North, Range 6 West of W 581 P.M., Inem City, Johnson County, Imre described as folowa commencing as a point a reference at Me Northwest corner of sad Soutlnvaet Quadw.. Men. North 811.3833' East 1301.71 Mt III in. Nati ares of sad Southwood Quarter (assumed bes erg for Ma descrlp4m of*), thence SoulNreslerly 90.61 feet .1.9 the em a is 106 00 foot radius drove wnwm Northwesterly (fiord baanng South 52'104V Wind 90 59 Nall to a point of tangency; theme South ST51'35' West 123.85 Net Meng South 52'UT"' West 179.49 feet W IM point of beginning; then a South 52'02444^ West 0.91 fast Mm. South 55'51'35" West 31,28 last: thence North 13'01'07" West 62.68 Net. gewh. Nate 75'0349" East 30.02 feet, mann South 13'01'07' East 52.01 feet N Me point of defending end aonMning 0.04 acres more or 14ss VM01 aAll3 VMol A8310 Allo a3113 DER 91ORM SEWEWEEASE R EASEMENT'A' A Nonni aeear and drainage easement on Nat pan of Na SarMeeal Quarter of Seollon 36, "(fte tp 50 Nath, Range 6 West of the 5M P.M.. Idea Clty, Johnson County, fan Mourned as tothoym mmmandng as a point Of reference at the Northwest corner of said Southwest Quarter: Merles Note 68'3633" East 1304.72 feel slag Me Nunn are Of said Southwest Quarter (esadnad beanhg for this de9ulptlan only); thence SouthvnstMy 911.61 feet alorg Me arc of a 705.00 fool redia.+osw *-nova NwheastedY Itched beer, South 52'1040" West 9054 Net to a pound of tangency; Mence South 55.61.35' Mat 123.85 fast harm South 52'OY44' West 160.40 feet thenen SouM 955115' Wed 199.17 Netto the point al b trning. Manu South 55.61'35" West 7.9.26 feel Ma poem of cufature'. marine 9ouMwesNdy 15.52 Net a" the as of a 477.00 foo(vidlus curve con. No lhweaNmy (chord bossing South 56'51-66'• Wee116.W iom), mance North 4'37'.N' Vint 62.69 are: Mann Norte 58'4853" East 44.72 Net thence Swan 4'3TM' Eaal W 27 lest to Me pant a begbndg CIM containing 0.06 acnes more or a se SURVEY REQUESTED BY: TRE CITY OF IOWA CITY SURVEY PREPARED BY SHIVE+IATTERY, INC 2634 NORTHGATE DR. IOWA CITY, IA 9224b (319) 3593040 DESCRIPTION STORM SEWER EASEMENT 9' A Van. $ewer end drama,. easement on that pan of the Soulheest Quarter of Section 36. Toenahlp 80 North. Renge 5 West of Ne 501 P.M.. laws City. Jern$on County, were described as blow$' commencing as a point of mlemuce at tn, Nuelweet mmar of sad 8outheeet quana; hands North 887633' 6as11304.72 Hat along the With the of sad Sou6leest gwMr (aaunled beealg for MN description unity, then. Southeast" 98.01 feet along the am of a 705.00 foot muds craw moque Northeast" (deed baertng South 52'1040' Wast 90:4 Ne) W a Point of adgenry, thele South 55'51'35" Wast 123.16 last, then*- South 62'02'44" Weat 180.40 feet Man. South 55.51'35" Met Me.45 feet to fe poM W ouraNn, thelae 90u1h11e9N+ly 739.50 teat along the am a a 477.90 Not radius woe con®ye NonhwealNy (crud bearing SaYM T0414'50' West 237.OS feelf M the Pont of heginning. 111x1. rpntinuag 6unnvrtstaty 30.00 Net atm, the amu a 417.00 bol endue wrva concave Northwesterly (choral bearing South 662679' YYasl 31.08 NM); thence North 7'3001' WaIXeS.y, foot theme North 822059' East 30,W east, Unarm South r3 ()V East 67.90 Mtb May pout of begfmdg and contelnalg 0 0 sum more add. .wamnwa se mrewr�see, .,res. .ru.e� YwaVa,r IaMOSe�`v� vrnsi :: e ... 'fwd. a We ,•. 1 '. sw.,wi Y; JeaeOroe Qa's A t _ i 1!571 _� .• ew.r r,.n �.. twin. a ar ' tin r •..... f r.m MGn r... m eneml m. p4 4.''r EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 36-80-6 IOWA CITY, JOHNSON COUNTY, IOWA EMISIT G sars�eraacoa<•ru� �___ __� _` �O•V G.`�Q` NE CORNER 9� SECTIOr�/3680-6 yN ,.p0 FOUND ROUND CONC. MON. I WITH}"IRUN PIN I 1IZ ' ' 10U0µ (CORNER CERT. SK44, PC. 110) - NWCORNER 01N Sa0'38'33'W SW 1M 50 0000 62.2T I SECTION 38-006 0.0- POINT OF BEGINNING R I FOUND f"REBAR W2 DOT CAP (CORNER CERT. BK44, M. 110) NORTH ONE SWIM SECTION 36406 N05=36133'@ 1324.64'- - N W 3C 37E132Z.3P _ ¢ NE CORNER SW iM SECTION am" FOUND 1.10 PIPE (CORNER CERT. BK 44, PG. 110) nl 1O s. 3ECEC7CORNER ER FOUND MAG NAIL r SWS(CORNER CERT. SK", PG. 313) Q1 itl13 Vmol 31b3�3 X1113 cN•zeo.w' a3�1� / 0co LEGEND ♦ FOUND MONUMENT, AS NCTED 0 FOUND IRON ROD 18-706.00' I L=6a.er ICH•ao.w' IN52'10'40'E I I I I I I I I L: oar No B1.1 5 Or M.r25'2FW I St 4611,42'W T IW1 46'W ! �1,2 Ba.iT i61r442rW_ e,.O Ner6rlrW 960.16 6K `Q`O i LU D) I _Mr B1T H419sj1 Nom= 7-:W—'SrW _7.90' Tr. _T 1' O nl 1O s. 3ECEC7CORNER ER FOUND MAG NAIL r SWS(CORNER CERT. SK", PG. 313) Q1 itl13 Vmol 31b3�3 X1113 cN•zeo.w' a3�1� / 0co LEGEND ♦ FOUND MONUMENT, AS NCTED 0 FOUND IRON ROD 18-706.00' I L=6a.er ICH•ao.w' IN52'10'40'E I I I I I I I I L: oar No B1.1 n Is E EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 3&80-6 IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPRON A temnorary conssuclgn saserrtenl on Nat part of the 9utswetf QaertBr of SecllOn 38, Taenshtp 80 Nor61. Range 6 Yeast of Ma 5th P M., lave City, Jonnson County, Iowa dearnssd as follW,a mrmmerWng as a point d retwanu at the NoMai est coarerot aqa SauMweet quarter; Mantis florin 88'.38'33' East 1222.501eet along Me Nodh lira of mid Soutpwaal Quarter (assumed bashing W this destapptan only) to Me par tof Seginntag; the" Booth 55'51'35' West 453.45 pet. thence With 53.11'42' West 5148 bet. Melee Soalh 82'26'28' West 44. R bel. llrenu South 3'02'W West 85.71 het Mena 89Nh 1]•4422' West 48.99 het Men. (south 10'015!" Yetat 71.30 bel; theam NoM 89°11'12' Wast 197.82 hal: Merroe North 87'ST7- West 280.18 her, Mance South 72'2259' West 164.71 feet to a sisal of s6ersectka wKh the watt line of said eouftwesl Oaerter, them SauM 2'00"' East 88.14 het along said VWA Bre, Monroe North o0'o9o0' East 515.87 late to a pobb d OJr1'ttule: Maros Nathaasugy 284.23 feet 4101,9 the vc W Is 477.00 foot matus curve mrlcave Northwesto0i (chord hearing Nodh 72°557- East 261 MI) to a point of hiMency. Manse North 56.51'35" Fast 228.45 Net. Ihenu North 5-02'44' East 180.40 fact; Mereoe North 55'5196" Eaal 123.010' to a palm of arrose.. Mence NorlhNgeAy 90.61 bet along Me arc of a 705.00 rout faalus curve mauve NorNnemaey (chore scanning Nadu 52°10'40' East 30.54 hat) b a parol at inlan eCeon with seed Nodh Ilne; 1 �.7 i1 Mahout South 88'3933' VVes182 22 net along aid North One b Me point W hegbning and a leopg�� o ll IA 1513 YfTI O1 2.43 aces Irons or 1. Tai IJ A113 t73`11� SURVEY REOl1ESTEO BY: TME CRY OF IOWACITY SURVEY PREPARED BY: S17VE41ATTERY, INC. 2834 NORTHGATC OR IOWA. CRY, IA 32246 ry'Inee, sou", trot M µe .varve pa..r.r ... •un .Wgmh MONO uw. rte . Matvwo .:a: rr.n �,.k�,lAN9.e.".y y7y. se SdNI 12521 •;yt.,,.,.'er 1— r. v xnv.. MAh,A w.1. —�__.. sera x1, —.. B1.2 EASEMENT EXHIBIT TEMPORARY GONSTRUCTION EASEMENT ND A PART OF THE SOUTHWEST QUARTER OF SECTION 38.80.6 LL IOWA CITY, JOHNSON COUNTY, IOWA EXHIBIT an UY �r.vsrav«r.n.n...aa4xa4„u - — N36"O 11A5�ob ImS CORNER Sall']r]TW i T. I I 4F6 SECTION WS" 7281' 35' FOUND ROUND CONC. MON. 1 1 7112WH PIRON PIN POINT OF W� SO, `'� OI�N'P (CORNER CERT BK44, PG. 110) BEGINNING77 NW CORNER V — I SW 114 / I / SECl1IX13a.s06 EC V j 1 a FOUND t REBM WI DOT CPP < I (CORNER CERT OK 44, PG. 110) NORTH LINE SW IN SECTION ]a6B6 N 8a' 38' 93' E CURVE DATA ryss']a'30'E' iga.214.159772' I —� — R-703,00' p L•197.ar 6 CN=IB7.1]' g; I 6rRQ "S4s'S9'49'W r Ati. 4. e l 5OO CO IF p x Iti CURVE DATAAU 5 pG h92 I� i 65 CH -310.79 b W s7r 95'4r W JI LEGEND 3 N9U"O]'DO'W 51343 J fh < A FOUND MONUMENT. A9 NOTED i3 ?' NN"%Y 3T F 335TM'n0'E ,,i� s lMol'X110 dth01 0 FOUNDIRONROD SES T r4vRcr ra 1 9W CORNER 19.92'W431014113 SECTION ]&608 S IN' 14'41'E a o >D I W 960 47sw N73.5YDTF wnxu FOUND ORNFR MAO NAIL B9, �:� SC4LE W FEET (CORNER CERT BKN, M. ]i]) f 1` •7I UJ I -Inr EIOZ B1.1 C13 -11A EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 30-W-6 IOWA CITY, JOHNSON COUNTY, IOWA DESCRIP hO A nmpaary wItSO'UCb9n eacemeNm MM d Me Saundael twotterd StOOan 39, TOwdM p 80 North. Range 6 Vvocl of the 5th P.M.. undo Co. Johnson County. Iden dumbed as h gowe: wmmonmg as a point d rdaratrce at the NoMvovt aomar of said Soundest Othider; Media Nath 9898'33' Eut 1418.21 foot along the Nara the d Selo SmnaeN ch odor(aswma bearing for this descrlp8o7 only) b the Point of beginning. nttnc Souitddasteny 181.57 Nat along no am of s 78300 not mdlua wive wacave N"onn ledy (diad boarirs3 SOWN 49'5941" West 187.13 feel) to a point of un9ed". nmw Spun 55'5115• Wast 532.31 Net b a pont of wivdum. thence twulhweaNrly 323.56 Nal along the am of a 643.00 bol radluacunds concave Nodloveah ly sword bearing South 72'55'47" Wdet 31979 foot) W a point of Nrpenry. thence NoM MM' Wtist 513.43 hot to a Pohl of intersecuon win the Yhd Ane of sold Sounded Ouaw,, Mende South 2"118'54' East 37.65 feet along sen Wal lid; thence Win 97'5397" rest 335.691 d: office Saud 204'40" But 19.92 Net Man®8cuth 99'14'41' East 47M fon, 1119nna Neth 73'57717' East 89 20 feet; thenos South 40 -Wm- east 98.!34 Mt Bhnre Nath 60'52'11' East 245.01 foot tharce Nor, 5728'59" East 463 82 NW, Iff"m Nath 53'36'11' East 412.% feet to a pont of Intersetlion van sap NOM Gro; hence SOWN 8898'33' West 72 81 feet along said Nan Inc to We pant of beginning and wntanng 1.29 aces mote or iesv. VA101 'Allo VIA 01 X8310 Alla 4.31led SURVEY REOUEMD BY: THE CITY OF IOWA CITY SURVEY PREPARED BY SHIVE4WTTERY. ING 2831 NORTHOATE OR. IOWA COY, A 52746 (3191315431;40 �Mom own. .f0Wx4. rw vm a. �'ia'�uv�i e � eee••••wy� t\499! Iq o.......Nr wr. vs .i do s code .aa f aa.v2 Wry +m1 ' 17531 � 'r uwa load o.n a amao. a. n. -�...... •e +cos fan w aeon rwve.r na en __ ,d„�eeeovF'' n.I,91a IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE MOSS RIDGE ROAD PROJECT Property Owner: NCS Pearson, Inc. by the CITY OF IOWA CITY, IOWA, Applicant. gc-) 'n =�rrn "O " v D of ORDER SELECTING AND APPOINTING COMPENSATION COMMISSIONERS AND ALTERNATIVE COMMISSIONERS BY THE CHIEF JUDGE OF THE SIXTH JUDICIAL DISTRICT OF IOWA 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 1. Verne Folkmann 1701 Brown Deer Road Coralville,IA 52241 Ernest Galer 1749 West Benton Street Iowa City, IA 52246 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION Megan Schwalm P.O Box 361 Iowa City, IA 52244 OWNERS OF CITY PROPERTY Jerry Szczech 2807 Broken Woods Drive Coralville, IA 52241 2. Jim Martinek P.O. Box 305 Solon, IA 52333 2. Cindy Phillips 331 Oriole Court Tiffin, IA 52340 EXHIBIT g' �_ I further DESIGNATE, SELECT and APPOINT the above named MEGAN SCHWALM to act as Chairperson of said Commission and VERNE FOLKMANN is appointed to act as Alternate Chairperson. Pursuant to Section 6B.5 of the Code, one of the above-named Compensation Commissioners shall be subject to challenge without cause by the Applicant City of Iowa City, Iowa, and one of the above named Compensation Commissioners shall be subject to challenge without cause by the party or parties representing the ownership interest of the property being condemned 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: 2 LICENSED REAL ESTATE BROKERISALESPERSON 1. LeAnn Tyson 2. W.A. Fotsch (Wesley) 1408 Brookwood Drive 391 South Dubuque Street Iowa City, IA 52240 Iowa City, IA 52240 ¢n G 3. Bill Wittig X1-4 r � r' 2 Lyn -Den Drive NE �n m Iowa City, lA 52240 -<r � 'o = v KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF PVON .a 1. Myron Smalley 2. William Peters 4418 Dane Road SW 1437 Buresh Avenue Iowa City, IA 52240 Iowa City, IA 52245 3. J. George Swisher 4. Renee Hanrahan 3868 Martin Lane NE 3320 Sandy Beach Road NE Iowa City, IA 52240 Solon, IA 52333 OWNERS OF CITY PROPERTY I . Leonard Greenwood 2. Jerry Musser 908 14t' Avenue 21 George Street Coralvitle, IA 52241 Iowa City, IA 52246 3. Leslie Cullers 4. Caroline Dieterle 1408 10" Street 727 Walnut Street Coralville, IA 52241 Iowa City, L4, 52240 2 I HEREBY ORDER that upon being informe o a vacancy m ife 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 June 5, 2013. PATRICK R GRADY, Chief Judge of the Sixth Judicial District of Iowa Filed in my office at Iowa City, Iowa, this day of 2013. Sheriff of Johnson County, Iowa IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEIVLNATION OF ) CERTAIN RIGHTS IN LAND FOR ) USE IN THE MOSS RIDGE ROAD ) PROJECT ) LIST OF COMPENSATION COMMISSIONERS AND. Property Owner: ) ALTERNATES APPOINTED BY NCS Pearson, Inc. ) THE CHIEF JUDGE OF THE SIXTH JUDICIAL DISTRICT OF by the ) IOWA CITY OF IOWA CITY, IOWA, C= Applicant. O W TO: NCS Pearson, Inc. 1-- �rn m 2510 North Dodge Street Ei7C 0 Iowa City, I.A. 52245 M n cn Owner(s) of property described and depicted on the plats attached hereto as Exhibits'OA", "B", "C" and "D", incorporated herein 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 Verne Folkmann 2. Ernest Galer 1701 Brown Deer Road 1749 West Benton Street Coralville, IA 52241 Iowa City, 1A 52246 r11'4vwLL1A,hA1JLE Uk' PROPERTY VALUES BY VIRTUE OF OCCUPATION 1. Megan Schwalm 2. Jim Martinek P.O. Box 361 P.O. Box 305 Iowa City, IA 52244-0361 Solon, IA 52333 ""Arl" Or U11 Y PKOPEKYY Jerry Szczech 2. Cindy Phillips 2807 Broken Woods Drive 331 Oriole Court Coralville, IA 52241 Tiffin, IA 52340 The Chief Judge further designated, selected and appointed MEGAN SCHWALM to act as Chairperson of said Commission and VERNE FOLKMANN is appointed to act as Alternate Chairperson. 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 tenable 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. o `o r► o� z rn b ALTERNATE COMMISSIONERS APPOINTED LICENSED REAL ESTATE BROKER/SALESPERSON LeAnn Tyson 1408 Brookwood Drive Iowa City, LA 52240 Bill Wittig 2 Lyn -Den Drive, NE Iowa City, IA 52240 2. W.A. (Wesley) Fotsch 391 South Dubuque Street Iowa City, IA 52240 4. Name .r KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION Myron Smalley 4418 Dane Road, SW Iowa City, IA 52240 J. George Swisher 3868 Martin Lane, NE Iowa City, IA 52240 OWNERS OF CITY PROPERTY Leonard Greenwood 908 — 141e Avenue Coralville, IA 52241 3. Leslie Cullers 1408 Tenth Street Coralville, IA 52241 2. William Peters 1437 Buresh Avenue Iowa City, IA 52245 4. Renee Hanrahan 3320 Sandy Beach Road, NE Solon, IA 52333 2. Jerry Musser 21 George Street Iowa City, IA 52246 4. Caroline Dieterle 727 Walnut Street Iowa City, IA 52240 TAKE NOTICE AND GOVERN YOURSELVES ACCORDINGLY O � w �= y n < A a ^' C7 co NWCORNER SW 1N SECTION 38.508 FOUND r REBAR W/ DOT CAP. t (CORNER CERT. BK44, RO,110) I I p I i 2 I� iC I ) j Y W S W CORNER SECTION 38808 FOUND MAO NAIL (CORNER CERT. BK44, PG. 313) RIGHT-OF-WAY AQUISITION PLAT A PART OF THE SOUTHWEST QUARTER OF SECTION 38-80-6 IOWA CITY, JOHNSON COUNTY, IOWA ICED 2D13 JIIL 19 PM 12.59 �G�\oN36.a�.e {C,11.1 cLVERfK . w1 Nva s N loo 1i,1141VWN �IZ.NVY�y.&,?wo CJD\. pY O pJ' PE NE CORNER NW114 SW7/4 SECTION 38808 FOUND ROUND CONC. MON. WITH I" IRON PIN. (CORNER CERT. BK44, PG. 1 POINT OF BEGINNING 1 EXHIBIT A ud u NE CORNER I� Z SW 114 Q W t SEcnoN 3MDE FOUND I.M'PIPE 1 r $CORNER CERT. BK 44, PG. 110) - N 88. 3833'E - tn<1 NORTH LINE SW 114 SECTION 304" N 88' 38' 33' E 1324.84' N 8B' 88' 33' E 7304,72 _ - CURVE DATA R477AV L=28423• CH•2BaD4' N 72'85'47'E R•543,07 L-323.55' CR=318.77 S 72.55' 47' W R=703.00' L40.81' CH=90.84' N 52'1747'E CURVE DATA 3.3r = R•783AV 0 L -187.5T q $ CH -107.13' S48'5747'W I 6 I I I t I LEGEND I O SET 59' IRON 800 WITH YELLOW CAP 012531 A FOUND MONUMENT. AS NOTED • FOUND IRON ROD 0 b IOD 2O0 ® far q __ SCALE N IFFY B�,� RIGHT-OF-WAY AQUISMON PLAT A PART OF THE SOUTHWEST QUARTER OF SECTION 38.80-8 IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPTION That Part of the Soulhweal Duane, of SsOBK 36, Township 80 North, Range 6 West of the Slh P.M.. ["a City, Johnson County, Iowa doambW as folbwe: commencing as a point of refannce It the Ncnffh asl comer of sero Southwest Quartan; thane North 88.35'33' East 1304.72 hot along the North line of saki SODUNBat Quarter (esaumed beering for this deoalplhn only) to IN point of beginning, mance oontinuring None, a8"38'33" East 113.48 feet elorg the NOnh Una Of said SouMxeat Quarter, thenen Soothw orady 187.57 feel along Bos aro of a 783.00 bol nadlus mnamnmve NorUnwastedy (chord heann9 South 45'69'4a" West 1117.13 toot) boa Paint of tangsrx ,, tharroe South 65.61'35' West 532.31 toot lo -point of'rvalum; Ihenm Sauthwaatady 323.65 fast along IN are of a 543.00 foot Radius mrva o0noti Northwesterly (Drool bearing South 72'5547" West 318.79 bat) to a point of tangency; than. North 90'00mP Mat 513.43 feat to a paint of Intersection With the Wool Una of esH SOulh.w Qaadaf than' North 2.06'64" Wo.168.04 feet along saw Weal line: In" North 90'WVD" East 615,871-1 to a Point of curvature; tnenoe NoNleeatady 254.23 last 1lan9 the om (1477.00 foot redlua mrva mncsve Northwati (chord bsaring North 7266547" Beat 280.04 teat) b a point or taa9ancf: "Noce Nodh 35"61'35" East 228.45leat thence North 52'02'44" East 1a0.40 feet thence Nodh 65'61'35" East 12386 to a point of mrvatuo, then' NOM's"brly g0.61 rest elOrg tN arc INS 705.00 tool radius nava conmw Nodhwaatedy (chard heating. North 62'10'40^ East 90.54 lost) lo the Motor beghming and containing 2.36 ease come orlaes FILED 2013 JUL19 PH 12: 59 CITY CLERK IOWA CITY. IOINA SURVEY REQUESTED BY SURVEY PREPARED BY: THE CITY OF IOWA CITY SHIVEHIATTERY, INC. 2834 NORTHDATE OR. IOWA CITY. IA 52246 _ (319) 3&4,1040 LU �; wrcr .o B1.2 sea. we " ran eases moiemr .0 .sam.a K an... near s gas .Raoam u.yy W15 aY w" V4. er oast Presseµ ae.Pee asu, em® a L15(q Ya d}W wisdom 117 _o ume noses .__t;Ps� 11631 mo rn ai. '. � .• n exon a a�ws roars s. me aa: ___ LU �; wrcr .o B1.2 R e C 81 1 I I I NWCORNER SWIM SECTIONJ680-B FOUND rREBAR 1W DOT CAP I (CORNER CERT. BS.M. PG. 110) EASEMENT EXHIBIT STORM SEWER EASEMENT 6 STORM SEWER AND DRAINAGE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 38-8GA IOWA CITY, JOHNSON COUNTY, IOWA �opol0b,0P.0 \�N GEp6 SO �t locoP NORTH LINE SW iM SECTION 3880-0 N 88.37 33' E 1324.64' N 88' 38'33'E 1304.77 _ 0Z 6 �I �I 1 3 �I 3J� 85.78 — H( MOSS RIDGE ROAD SW CORNER CURVE DATA SECTION 36e•3'9W'4W 868 8477.00' FOUND MAD NAIL Ln30.08' 1. (CORNER CERT. BK44. PG. 313) CH•30.08' S 86. 2C 29' W EXHIBIT I NE CORNER SW 1/4 NE CORNER SECTION 38208 FOUND 1-1? RPE NWIH SWIM (CORNER CERT, BIC M, PG. 110) SECTION 30208 FOUND ROUND CONC. MON. WITH I' IRON PIN. (CORNER CERT. SK4q PG. 110) —� POINT OF BEGINNIN G pal"[l AY" R=705.00' I L.90.0+ CH -90.54' 18 52' 10' 40" W I 55' S1'5' 3 W ' 23.55' I I I I N I' JT 01' W i,sy'� .� DRAINAGE EASEMENT 6N 6yh / 0. OY 44' W OAt' i�_T���3�B�!�0�1'� Zf 87 — POINT OF S 55'S1'35'W 313 BEGINNING STORM 358'STJS"W CURVE DATA 2038' e•1ro9roa SEWER EASEMENT 'N CU EDATA R%77.00' LEGEND &M 4726' L=10.52' -- R-477.00' CH -18,52' FOUND MONUMENT, AS NOTED L-223.03' S 66.61' OB' W O CH -221,01' S 71'14'23'W • FOUND IRON ROD —a y8 POINT OF BEGINNING 00 STORM SEWER EASEMENT'S' _ SCALE '� 3/:�u�p Ln rn v SURVEY REQUESTED BY: EASEMENT EXHIBIT STORM SEWER EASEMENT & STORM SEWER AND DRAINAGE EASEMENT } z A PART OF THE SOUTHWEST QUARTER OF SECTION 38.80.8 - IOWA CITY, JOHNSON COUNTY, IOWA .,.,••,•, ,,., W W DESCRIPTION STORM SEWER AND DRAINAGE EASEMENT DESCRIP'nON EASE STORM SEWER EA9EMBNT'A• DES��IIY�TI j� D STORM SEN'ti EAf t ENj`�Is \ W a that pan of the of the Seal A slam sewer aid drainagen easement North Quarter of on 38. Township 60 NOM, Range 6 West of the 6th P.M., A saran sewer end 6, Township easement on that pod of the of the 6% Quarter d Section 38. Township 80 North. Rupe 6 Wast of the Sat P.M.. A alarm sower and d1 aswnnl on mal Pan d the souMvnel OuaMr of Ssgbn 38, i io�Y1My, %tpngap�'.•ef101 the Sm P.M.. a Q ' W Iowa CIIY. Johnsen County. loan tleaalbetl ea follows. Johnson Iowa CITY, Johnson County. Iowa daaohbM ae fallow c Iowa CIN. Johnson County, ri s f�lf l a fin Of .mol nclng as a point of reference at the Northwest corner d mid Southwest Owl,, commencingas a Southwest Quarto pdnl of reference spine Ndlhwael Pama of said Sod�snQu iter; ol�OtAty1/1�e �lgplltypgoaner of said �V��/A 1CRfyl F then. North 68.30'31" Eael 1304.72 feet along Me North line of mid inert® North 85'36'33' East 1304.72 feet the North d Wrr W4L mance North 86'38'33" 1 Southwest Quarterpuumetl bearing for this description only); along line said Southwest Quarter (assumed bearing for this Oesa¢Rion coa)• Esq U4 {/ thence Southweelerly 90.61 Not along the are of a 706.00 fool radius curve thence Southwest dY 90.61 feel along the arc of a 705.00 fool Aeius curve thence Sauthweatarly 90.67 lest along Ste arc of a 705.00 foot radius curve € concave Northvrothrly (chord bpring South 52.10'40' West 90.64 (@s0 to concave Nortwesterly (chord bearing South 52.10`40- West OMM bet) to ionone NoMweslerlY mount howng South 52'10'40' West 90.54 MI) to ••'++'^ °' ax>.o^s mwae n an as 611.a1; a Prior ar tangency; a point oftangency; a point of Mngency; than. Sovih 65.51'36' Wed 123.85 feel; thenen South 55'51'35' West 123.66 Net (herbis South 66'6115' Weq 123.66 Ml; saes eo (319)364-3040 thence South 52.0T44" Wast 179,49 fast to the point of beginning: then. South 62'0744' Weq 180.40 feet' then. South 62'02'44' West 180.40 feet. R roan. South 62'02'44' West 0.91 Nal: Chance SOON, 65'51'36' Weq 199.17 feel to 6u Palatal beginning: than. South 65'61'36" West 226.45 Net to a Paint of Curvature, � than. SauM 55'51'35' Wait 3156 feel, than. SdMI 55.51'35' Weq 29.26 bat to • Paint of curvqura; Man. Soulhw rmarly 239.56 Pool stag tfte an of a 47700 foal radius o d W r m Partial Nocturnal (dna bearing South 70'14'50' Neat 237.05 than. North 13'01 V7' Wag 62.65 bel, thence Southwesterly 18.52 teal along the am of a 477.00 loot radius cans feet) to the point or beginning; R2 g concave Northwesterly (chard bearing South 56.61 V8' Wine 18.92 feat); then. North 76'03'47' East 30.02 feet. then. continuing Soulhwnlerty 30.08 feet along the an, of a 477.00 kat S rj thence North 4.37'34' Nest 52.69 feet radlus curve corcove Northwesterly (chord bearing South 86'2629" Weq Iii r� g than. South IJ'O1V7" Ent 52.01 feet to fire poral of usginning am 30.011 feet). 241 containing 0.01 acro mon Or lose. then. North 58'48'53" East 44.72 lee( thence North 7.39'01' West 85.961eM1 mil thence South 4'3794" Esq 80.27 beet to the point of beginning and containing 0.05 acnes mora .0n; thence North 82'20W' Ent 30.00 load, Ihence South 7'39'01' East 6790 feet the point of beginning and containing 0.05 acres mora or lest S 344444 SURVEY REQUESTED BY: .us. a.a ti Paste ooeww T .,r.tere .m rte surto v. P+ a..y •ewaum THE CCTV OF IOWA CITY .,.,••,•, ,,., .r w Na1a o •r+. w aaaysw ,.o s . uar „memo aaa u.n Ua0 S4.y SURVEY PREPARED BY', Gaily � i E E }s 12531 f laid tree. --Illl ., rr.c.n osa s acavae v. ex. rel SHIVCJWTTERY, INC. naaan 2834 NORTHl9ATE DR. ••'++'^ °' ax>.o^s mwae n an as 611.a1; IOWA CITY, W 52245 ,..lwt•,•�-- saes eo (319)364-3040 B1.2 ____ i I I I I -NW CORNER /SW 1/4 SECTION 38-609 CN=90.64' N 62' IV 40• E FOUND J' REBAR W! DOT CRP N 63' 11' 4r W 0� (CORNER CERT. 3K44, PG. 110) 44.72' (g 53 6� I� I� 11 A5.7113'02'46'W 86.71' 7 / / t I ! Vv 81' '22' W d / N 8' W 1M /1 g,r 59- SW CORNER SECTION 3841044 FOUND MAG NAIL 1 (CORNER CERT. SK44, PG. 313) EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 36-60-B IOWA CITY, JOHNSON COUNTY, IOWA 1", egb N lA� 31 P� SO, ` .01Np4Pt g00µ 00 _ - — POINT OF BEGINNING —� EXNIBIT G NE CORNER NWt/4 SWI14 SECTION 36908 FOUND ROUND CONC. MON, WRH 1' IRON PIN (CORNER CERT. SK44, PO. 110) NORTFI LINE SW 114 SECTION 369041 NSB' 38' 33' E 132_4.64' —N BB' 313' 33• E 1272.50' NE CORNER SW 1N SECTION 3"OA FOUND 1 -UF PIPE (CORNER CERT. BK. 44. PG. 110) $O 6 r 7 61' 36" E R•705.00' I L-90.61' CN=90.64' N 62' IV 40• E `G S V 29• W N 63' 11' 4r W 0� F 44.72' 51.4' /c� 6� I 11 A5.7113'02'46'W 86.71' / / t I ! Vv 81' '22' / 413.99' T 1 T W 280.,6' te 8 7Ot' 67" W 30 W 7prsr / 055/ / I I I B.er LEGEND I A FOUND MONUMENT. A$ NOTED CURVE DATA e_34 F • FOUNDIRONROD R -471.00- L-284,23' H-280.04- 72* 654rE ^Fp HRt.l iiFPLiIL ilo� 61 lnC E1ot U Ln .EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 3UO-6 IOWA CITY, JOHNSON COUNTY, IOWA DESCRIPTION A lemponary dont uclion 006a t on that part of the Southwell Quarter of Seotlon 38, Township 80 North, Range 6 West of the SU P.M., Iowa City, Johnson County, Iowa described as folbws� commencing as a polnl of reference at She Northwest corrnr of fano Southwest Quarter, mance Nath 1111'38'33' Eaf11222, 56 bet W.,; the North line of said Southwest Quarter (sesunred bearing for INS daaerlptlon only) to the polnl of oaginnlng; Ihenoe South 56'61'35^ West 463.46 feet. (hone North 63'91'42" West 51.48 feat thence South 82'252V V.ba144.72 feet; Nelda 9wN 391Y45' Weat 85.71 feel; thence South 17'4422• West 48.99 feat; Nana South 70'0 P6' Wast 71.301.(; I ha. North 68.11'12' West 197.82 bol, thane NWh 87'57'17' Wasl 259.18 feel; thence South 72'22'59' West 184.71 feel to a point of Intersection will, Ne Wast lino of said Southwest Quarter, the. South 2'06'51' East W.14 feet along said West line; thence North W'0000' Cast 515.87 feel to a print of curvature; finance NortherWedy 284.23 feel along ea arc of a 477.00 fool radlus mme m cam Nalhanatefly (chord hearing North 7'65'47' East 280.N fled) to a point of tangency, (hence North 55'51'35' East 228.45 feat, thence North 52'02'44' Emst MAD bet thence North 65'51'38' East 12386'to a p01nt of wnalun, thence Northeasterly 9o.81 fact Wong the arc of a 705.00 foot radius ane wnm" Nurthweslerty (chord heann9 North 5'10'4(' East 90.54 feet) to a point of Inbnecton war sold North IM; Inane South 88'3633" Wast 82.22 feet along said North Miff to the point of beginning and containing 2.43 sena more or lase. SURVEY REQUESTED BY: SURVEY PREPARED BY'. THE CITY OF IOWA CITY SHIVE.NATTERY, INC. 2834 NORTHGATE DR. IOWA CRY, IA 52245 (3%) 35WO40 MO. Wlhrt. —T Mf IMO AwNec OOLVOn rW MOVO 1 M yep }IIMr pM .J .plpnp „O s. r a waw ar caper Mame � as .ro awr wpr � M.ns s+0lXX0 R88, j�4y ._ mac• Jone1Xo11.& me AN Y i Bliley i _ w W slar Nwna hmoi_ '. 12691 .. nnea suss art m xarapr .c as 6► �`S c►ot 00 �► Na Q -3-11-A W tl 4 EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT >-. v A PART OF THE SOUTHWEST QUARTER OF SECTION 3644= E IOWA CITY, JOHNSON COUNTY, IOWA EXHIBIT Q - 1MSMxGIRNMOfip114egpAyUN �$O� �W _ 9EGA\o�3t NE CORNER _` w, 11, PPGEG6 33" W SECTION 364KW 72.87 i / r FOUND ROUND CONC. MON. I �' NW CORNER�'`�Pt MTN I" IRON PIN. POINT OF SIN 114 r�� �O0.4 Q (CORNER CERT. BK 44, PG, 110) BEGINNING w SECTION 3& O 804 D �O $ FOUND h' REBAR WI DOT CAP I (CORNER CERT. BK.44. PG. 110) NORTH LINE SW iM SSOTION 38-004 — N SB' 37 33' E 1324.84__ _ _ _ _ _ _ .._ _ — Ln i NSr SV 33'E 141821' ---CURVE DATA 6=13-43 12. R=783.00, I L=187.87' CH -3y �� SW 'I87 4T W 11avo 4b 5F'�'�\O� IN CURVE DATA ( 7. �B171 R•643.OV F CH- 18. w� CH- 18.79 N I ml N 90' 00' 80` W 813.49' LEGENO p58^ A FOUND MONUMENT, AS NOTED N 87' S7' 37' E 338.87 11 01 0 FOUND IRON ROD 82'04'4WE SW CORNER 19.92'r=osv� "° SECTION 36410E 8 88"14'41"E M 1, i r n FOUND MAG NAIL 41.69' N73'87'07"F, �4Y11i0l XI13 ei����710' 0 60 100 204 qE1, xo. (CORNER CERT. BK44, PG. 313) 89.20' \113-10 �1tJ TT 3CAU IN FEET 131.1 ca t tta s t trlr stat (13 111 i fU V y 6 N EASEMENT EXHIBIT } TEMPORARY CONSTRUCTION EASEMENT u z � A PART OF THE SOUTHWEST QUARTER OF SECTION 36.80-8 IOWA CITY, JOHNSON COUNTY, IOWA z 5 an Q w = DESCRIPTION A temporary construction, suarrhant on that part of the Southwael Quarter of Secsoh 36, Tovmehip L' 1 80 North , Range 6 Wool of the 6th P.M., Iowa City, Johnson County, Iowa described ae fellows: commencing es a point of reference at the NoMwesl manor of said Southvresl Quader: x p !- thenen North 88'38'33' East 1418.21 feat along the North fine of said Southwest Quarter (assumed /� u moving for this description corky) be the point of beginning: Ln a 4 thence South"idedy 187.67 feet along the erg of a 783.00 fool radius curve =nave Nortraestedy (dxord bearing South 48.611 West 187.13 feet to a point of tangency; thence South 55'5136' Wast 532.31 feet W a Mind of cuwatwe; thence Southwesterly 323.55 leak along the she of a 54$.00 fool radius curve ouni Norlhweidedy (chord bowing South 72'55'47' West 318.791ao0 W a point of tangency; R F` thence North 80'00'00" Week 513.43 feel to a point of Intersection with the West Nese of said Southwest Quarter. thence South 2MB'54" East 37.66 feel along said West the. Manta North 87.5307" East 335.69 hof, 9 6 then South 2.04'40" East 19.92 foot Ihahce South 88'14'41" Emil 47.69 look; y thence North 73'57'07' Eacl8B.20 feel; PREPARED SURVEY REQUESTED BY: SURVEY BY: s thence South 40'5058" East 88.81 hreC THE CRY OF IOWA CITY INC. 28MSHVE4,1ATTERY. 2834 NOR DR. Manna North 60'62'11"Eu1215.07 /esU . [A 522 IOWA CITY. IA 62246 (319) 354-3040 then= North 57.2518' East 403.82 heft xrsu. ¢sxr w.r ms ueo Is". nWnla 1 ssv thence North 53'35'11" Eased 412.66 loot to a point of Intersection with said North gne: .wrxim . . wne ewwr .vex sn strowm e..[ c. you ur.0 resmw vex. ..�s .1 w. +°o�/.N0 .i nix a vrcra>n sn ws na u a thence South 80'3833' Wast 72.87 loot along Bald Nodh Ilns to the of boglnning and J 4 ""' 495k pint containing 1.29 sero none or less. gS9Eg a.W: Jenelien ? .us,e[; a y---- C 3 Bliley i •.. curt. rxua ecru( c.w. mox inx>- i 12531 ,? �•.eos[ ehswn ose m rmecs a, rue '. A + �` o.¢s e.ttn w a.shse toren s. nn xu_ wR+ xa VM01 oklm VA01 r'yn�pnlwFF, vu-1-101 t 1111 —_ -- 61.2 ZO =1 Nd 61 W E10Z 03113 1191HX3 -aesol 'SV.O B wi `iaaalS aspoa g>loN OISZ3o ssaapp8 Cycadoid a 9 aSaeg Vox pg dnlsumoy 9£ voAaaS 3o iauetb 1saM4moS u! p2xwl PIIe13o 1aB4 a se pagm%-op X118201 `.,V, 1!gnlxi u! pala!dap ptm pa4!msap mimui aldmts =,I :omm lea: agposop 8m nollo3 041 ;o Lug Fumnno zo m Isamm hue Samvq suopwodioa so saumdmoo `snosiad ino lle pue ObZZS VI v+ol 104S anbngn0 tltnoS £ 16 Ptx!plmg wAspslmmpV d4uno0 .iaunssaay 6iunoD uosugop op xesol',CiunoD oomgop A.LuadO,Id 30 DNINV.L?l03 S30VN!VQ SS3SSV OI NOISSUAMOD MOIIVSNHcIKOD 30 'DNI LMN DYIffad 30 30LLON ObZZS VI '1110 Bxol pans anbngn(I gptoS 116 9u!PI!nfl uopunmm Vv dFmo2 w Jo)ipnV, =03uosugof 64c, emol',CianoD uocuq � - _rn StiZZS VI `foo BMOI CD mns a$pou 4unN O I SZ y o •aui `uosaaad SDN N :swlogalil.L OI =MjjddV `VAAOI `1III0 VAA0130 A.LID 0,4 Iq -auI `uoslead SDN :iourn0 "adokl liaroad QVON 39 1 WON mu NI 3Sfl 2903 QNV'I NI SIHOM I-UVI)MD 30 NOLLVN9Ai3QNOD an 30 ?I3.LLVW 3HI NI W&OI `AINnOD AIOSNHOf 30 301330 S.a UgMS 3M ILII Permanent Storm SewerandDrainage Easement interest described and depicted in Exhibit `B", legally described as a tract of land located in the Southwest Quarter of Section 36, Township 80 North, Range 6 West, with a property address of 2510 North Dodge Street, Iowa City, Iowa. Temporary Construction Easement interests described and depicted in Exhibits "C" and "D", legally described as a tract of land located in the Southwest Quarter of Section 36, Township 80 North, Range 6 West, with a property address of 2510 North Dodge Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN: That the City of Iowa City desires the condemnation of interests in the above- described properties for the MOSS RIDGE ROAD PROJECT, as follows: A. The City seeks to acquire the fee simple interest in the parcel of property shown and described on the acquisition plat attached hereto as Exhibit "A" and made a part hereof by this reference for the public purpose of facilitation CITY's construction of the MOSS RIDGE ROAD PROJECT. B. The City seeks to acquire a permanent storm sewer and drainage easement interest in the parcel of property shown and described on the acquisition plat attached hereto as Exhibit "B" and made a part hereof by this reference, for the public purpose of facilitating CITY's construction of the MOSS RIDGE ROAD PROJECT. In connection with this condemnation of the permanent storm sewer and drainage easement, it is specifically provided as follows: a This permanent storm sewer and drainage easement is CD .q being condemned for the purpose of excavating for and Y0 �-- installing, constructing, operating, maintaining, using and y °- -r reconstructing a storm sewer in connection with CITY's W MOSS RIDGE ROAD PROJECT and also a right-of-way J m r..) with right of ingress and egress thereto over, through and across the permanent easement area. U.f o b. CITY shall have the foQowing rights in connection with the N above uses: i. The right of grading the Easement Area for the full width thereof, and the right to extend the erns and fills for such grading into and on said Easement Area. ii. The right, from time to time, to aim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of CITY, may be a hazard to said Easement Area, or which may interfere in any manner with CITY s exercise of its rights herein. iii- The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. CITY's right to do such work shall be effective only upon CffY's prior notice to OWNER, and with minimal disruption of area In the event of such emergency repair, CITY agrees to restore said area substantially to its prior condition, as set forth in Paragraphs c and d below. c. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Easement Area, including any damages by virtue of future excavation N o Q or use of the Easement Area, but excluding the replacement ay of trees, shrubs and brush on the Easement Areas. CITY shall indemnify OWNER against loss or damage which W n- Jr occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the V Easement Area has been completely restored as set forth Vabove and except as expressly provided herein, CITY shall o have no responsibility for maintaining the Easement Area- read. d -CITY shall remove and stockpile existing topsoil from areas to be excavated, and that following installation of the Project, all areas within the Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition with the exception of the replacement of Tees, shrubs, and brush. C. The City seeks to acquire the temporary construction easement interests in the parcel of property shown and described on the acquisition plats attached hereto as Exhibits "C" and "D" and made a parr hereof by this reference, for the public purpose of facilitating CITY's construction of the MOSS RIDGE ROAD PROJECT. In connection with this condemnation of the temporary construction easements, it is specifically provided as follows: a. The temporary construction easements are being condemned for the purpose of facilitating CITY's construction of the MOSS RIDGE ROAD PROJECT ('Project', which grant to CITY shall include necessary gading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Areas, as needed to complete said Project. b. The term of the Temporary Construction Easements will be for the period of time required by CITY to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easements extend beyond the date two (2) years atter commencement of construction of the project C. With respect to the Temporary Construction Easements, CITY shall have the following rights and obligations: i_ CITY shall have the right to make excavations N within the Temporary Easement Areas, and to grade CZ) 4 Y as CITY may find reasonably necessary for the 0 RES? construction. CITY covenants and agrees to protect = L,t Y such excavations during construction; to promptly w yr fill said excavations following construction; and to J r� hold OWNER harmless from third party liability HQ during said construction. u. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Areas, but excluding the replacement of trees, shrubs and brush on the Easement Areas. CITY shall indemnify OWNER against loss or damage which occurs as a result of CITTs negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Areas have been restored to substantially their prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Areas. iii. CITY shall have the right of ingress and egress -to and from the Temporary Easement Areas by such route within the Temporary Easement Areas as shall occasion the least practical damage and inconvenience to OWNER- iv. WNER iv. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITVs rights pursuant to this Temporary Easement e. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Project, all areas within the Temporary Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brash. 2. 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 permanent easements and temporary construction easement. 3. That the Compensation Commission will, on S 1013, at 5-00 a.m./p.m., meet in the Office of the She " 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. 4. 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. N o Agreement � d. Existing driveways, fences, underground drainage file or (LJ a. Jr other site features, with the exception of trees, shrubs and J tT V brush, which are removed or disturbed shag to the extent reasonably possible, be replaced by CITY W conformwith features or items removed during construction. CITY CD further agrees that all grassed areas disturbed by the — construction shall be seeded within a reasonable time after construction is complete. e. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the Project, all areas within the Temporary Easement Areas which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said areas substantially to their prior condition, with the exception of the replacement of trees, shrubs and brash. 2. 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 permanent easements and temporary construction easement. 3. That the Compensation Commission will, on S 1013, at 5-00 a.m./p.m., meet in the Office of the She " 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. 4. 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. CITY OF IOWA CITY, IOWA By: ,Ltai,, .r„rinrr� 4c - Sara Greenwood Ficktom AT00029 [d Aasi`dant Cita' Attorney 410 East Washington sheet lowsCity;7A 52240 319-356-5030 319-356-5008 Fax icatmnwy@iowa-city.org F] N O Q W Vr J cp% r� C3a C3VIP o E F] x(113 J1,-19 ?"11' 02 RIGHT-OF-WAY AQUISITION PIAT A PART OF THE SOUTHWEST OUARTER OF SECTION 35-80$ IOWA CITY, JOHNSON COUNTY, IOWA p SF' �0W'_ � NW LOANER 811tH450epyO I SECTION 3"" FOUND C REW IM DOT CAP 1 (CORNER CERT. SKN, PO.110) NOR7H LINE SW /I4IECTION 30-000 _ N BO' 3M ]3• E 1i2/M' _ N 915' 3T 33• E 1301.72' O06 1 1,a40CO ��°� 3 Ave TA �( f I � Rrn oo• d� S ly CN -coo" W' I� NT2' OS 4r E SW CORNER A-smd2S SECTION 9&001 9-543.WFOUND MRG "I 1-32105 (CORNER CERT. BKI4, M. 313) CH -315.19 S12-W4rw EXH1131T A NE CORNER SW Iq NE CORNER SECTION ]Oi6! NE ORNER FOIINDI-V PIPE SECTION M4"WIM ODORNERCERT. BK M. 00.110) —I FOUNO ROUND CONC, MOK WITH 'IRON PIN. M (CORNER CERT. SKIT, P0,110) � POINT � OF BEGINNING Ro100.0a L-BO.tlI' CN -90.M' N3x•tamE I i L'URVE A 1 439 R -ram O"STT 04.101.19' aw•Wso•w LEGEND O SET W IRON ROD WITH YELLOW CAP 112031 A FOUND MONUMENT, AS NOTED H FOUNDIRONROD W Far -1 81.1 RIGHT-OF-WAY AQUISITION PLAT A PART OF THE SOUTHWEST QUARTER OF SECTION 38.8Ud IOWA CITY, JOHNSON COUNTY, IOWA OESCPoFIION That pert of lm liwllmosei Ouslar of Sadhn 36, Townatip a NOM. Range 6 West 01 N6 5111 P.M.. Iowa City, Johman COuntY. II deKd W a blbwe'. aamm�dng as a poet of elegance at Ort NaMwest Owner of saki SoutI Qw.f W: thence Nora, 8'3833' E" 1964 72 hal along me NOM 9m Of wk BWO~ Won-, (aaGYmW OWN far We deaalplhn Only) at fila point of 0epinneg', mance Oon0rtWp Man 666311W EGM 11146 foal along ON Nam (Ina of sae SOUWMWI Quamr, Ounce SoudnrsMeOY 147.97 feet atop Oa= W • 723.00 bat More ane 00w Nar6tw, t -,Y (dmrd 0wOn1 south 45'SP49" West 187,16 aM) m a paint of I.rgenaY; evna 155'51'35' Yrnt 532A1 fen r • point Of Comae,; awns OadlwearM m a feet Won19w sva of a 049.00 fad gains am conave NormwaGrnv (anvsa gSouza 7'8'47' Wort 316.70 hap b a poet of rnlanoj, thaP.e NOM IA'0V W' 4W at 519 43 Mt W a print of lnlewdlon with the ~ Ina of Geld 5a4haeal Quaver III Nath 2'0654' Weal 60.04 led along well WW be. mala North 90'9 O'Fad 615.17 fee to a pdnl of amore; tfnrros NOMeadwgr 284.93 faM Wag ma a,d a 4".00 feel radia ane ancaV4 Norinoaeanry (dmrd 0eeMg Nugh n'W4r 6R26O04 hep to a pOINd W4;m 7; mama NOM 56'5136' EaN 22646 ha( thence Nam 52'02'44" EGM 16049 hod Nana, Nam 66'6135' Em 123.8to e point of avatar, mane NOMmhM 90.01 fel Hong 00 =d a 706011 bol laden am oonav, NOMaa maM (Mond awdnp,NOM 62'10'4W FXW 90.84 hp b W 90010 0pMlp IN angering 2.W .oea mon or Iwc FILED 2013 JUL 19 PM 1: 02 IOWA CITY, I0jvA OVRVEY REQUE8YEO BY; SURVEY PREPARED BY THE C17Y OF IOWA Cf71' BIIIVE4NT7EkY, IND. 2634 NOKMAIE DR. IOM/h QTY, IA1;7241 1119)96,010 � Nwr P.rlr wr ce11,� PPPrIP WMA .P 1gPL w Y PYO aMr .; M r ywY�=aRI �rY w rr .D laa6 �� v.re e, u.rl §� JeMtaen n 6,1G1 r uma P.wP�iL_ 7227 ..n a rryw e. IM w .,,,..'A .Y\MPO'O PPPMr WwIaaPY ace �_ agge tl.t.wt u z PZ i Ln' n u }_ .n .2 i EASEMENT EXHIBIT 19 PM 1 OZ STORM SEWER A PART Of THE SOUTHWEST QUARTER OF SEC SEWER AND N 3318-504EMENT �13 IOWA CITY, JOHNSON COUNTY. IOWA leG�`o�,�0.00.0 1 50 EXHIBIT 3 1 e WTIN r IRON PIN SECTION 76400 pEFO" (CORNER O/RT. 6..., .... Irl FOUND r R16BM WI DOT GAP (CORNER CERT. SK 44, PG. 110) NORTH LINE eW IN SSCTIDN=404_.— NN•86'66•E OD1.TT 0� ON,3g0 .101 COO `k5 I NE CORNER SW 1M SECTION 76!04 NE CORNER FOUND 1-1? PIPE "mmo m (CORNER OERi. SK 44. PG. 110) SECTION 304" � FOUND ROUND OONO MON. e WTIN r IRON PIN SECTION 76400 pEFO" (CORNER O/RT. 6..., .... Irl FOUND r R16BM WI DOT GAP (CORNER CERT. SK 44, PG. 110) NORTH LINE eW IN SSCTIDN=404_.— NN•86'66•E OD1.TT 0� ON,3g0 .101 COO `k5 I )- u IFLDi' -- I L�10.6r I('af.e7.64 k ; Bi MOSS RIDGE ROAD Isar fv lvw I !p s 6•e• w� � OW CORNER d�1 SECTION 76204 RM77.00' r FOUND MAN NAL L.70.011' I (CORNER CERT. SK44. PG. 716( CN.70.0a ,�Y� S 69• 1416• W )- u IFLDi' -- I L�10.6r I('af.e7.64 k ; Isar fv lvw I !p s 6•e• w� � NI •01 rw Set i I r Nee'M'67•" 44.77 N 4. 1T 71' W 62"N/,y raaol•e ,�Y� MNTOF6801NNNK1 I DRANAGE SIORM ER AND •----_—• i ML& I • m' w II i 11 T.p POINT OF 6ESINNING / STORM SEWER 4ASEMENT'A' 666.0'77'W cu TA 14.14' 4t6 DATA R.477.1)a tEOeT1O — ' 4.104 6- �77.W' L.IS.6T cwle.67 A FOUNOMONUMENT.ASNCTED j L/130.ar CN•711.01' S67•e1'04W • FOUNDIRONRODi� S IP IC TTW POINT OF SEGINNWG ' 0p� _ Igo NM7 �t STORM SEINER EASEMENT'4 L�.L� KMt M 7u7 ��•� Iowa ON Urbanized Are. e RISE Grant Application Peparetl by: Knckerson Moss Ridge Road ��' Date Prepared 1+1.512013 Data source: DNR_ /ff'OJC. DOT Ef R15E Grant Site ■ ��1�1 `- a �� r• nl 61 NNE !IE/� !_ i 0 W J U. j 0 Fie to aWo: 5 Iowa C.q G19'..:CCCG_Maps%20100029_G n Apcucauon Mapsk7 fin relana Ave -?egg-: _ Iowa City Urbanized Area e Utilities Moss Ridge Road — Prepared by. K Ackersan Jaales Date Prepar=_d. 11~13 �= Data scur=e CNR l.1POJC DOT Des Mcmes 96 mi 80 V/ X Future planned Oakdale Blvd extensicr. j Quad Cities 19 mi - s Des Mcmes 96 mi 80 V/ X Future planned Oakdale Blvd extensicr. j Quad Cities 19 mi OVERALL CONCEPT MOSS RIDGE CAMPUS at RAPID CREEK PRESERVE IOWA CITY, IA I ,II '11, iii\' IIJINIMON Te ♦Mh�� AY F ori' InrM { {{ " ` raJl� l�dl I 1V r I !( \ IT qvb 4 rIt w ,` y..� IT jj I is LOT I ,A .+ w `FILED 2013 AAA. 19 PM 1: 02 _n , o' FIA SHIVEFIA17ERY MOSS RIDGE CAMPUS I RAPID CREEK PRESERVE «owslws�c uo IYXLCUIY YµI!!FB RM.CIiY.N KEY PLAN LEGEND _ _ _. _ LEGEND uaw OVERALL CONCEPT ............. (FOR REFERENCE ONLY( Al pAu 'MYI'B'vim uYBIMMtl B B RN C11B/M uYNOfMBIB rzBu+w'1 110 uvAwavoB I BBAx BSI IB QB/13BNd�TNaBB AYB100M1 V# -1 i]YM TIIINBMBP P31RM tt IT/IpBINMh'IBeB d�rea ir131 Pe1BM Al D1'eB M:fNI11FIX '!MIIMBM PJIdd1 ...All `rJ, VA101 'A113 M8313 A Z0:1 -% a l= m See following pages Exhibit E Plan and Cross Section N CD .Q Y,3 W = O. WO r �- �o Exhibit E Plan and Cross Section \ 100 Year Floodplain Floodway \ .Y Floodway NP kAt xi9it\ N I )' tG1 Im I ` � 100 & 600 Year Floodplain -^ I / I I � 500 Year Floodplain � I 100 Year Floodplaii or / / I ; �I 1 i Potentlal W Need — 10 -ft Max To Be Fin Ized with Complete Ground Survey Traffic Signal MOSS RIDGE ROAD - SCHEMATIC DESIGN LYL I• • xC ,royX> sHrvewnrranv nmv-e LEGEND w - W.,. " —nawrwta — -- � � � � _ rerauvr wxnXuc,lm uvlulnl . - amwEtxxxeYWlwExl Y1gIMtlEWIX.VIYUX4IEWlfAYIMFXI - - - Vn1INY itYM1X FAYl1EXI - - ----- - tlmww 1. nENI Ni D IW YUU Eutl scnLe IN ru i 500 Year Floodplain 2e13 JUL 19 PM 1: 02 --_ z CITY CLERK IOWA CITY, IOWA Future Oakdale Blvd — �i Rough Grading Concept , To Be Finalized with ' Complete Ground Survey V ^, gbh w r i / I I � 500 Year Floodplain � I 100 Year Floodplaii or / / I ; �I 1 i Potentlal W Need — 10 -ft Max To Be Fin Ized with Complete Ground Survey Traffic Signal MOSS RIDGE ROAD - SCHEMATIC DESIGN LYL I• • xC ,royX> sHrvewnrranv nmv-e LEGEND w - W.,. " —nawrwta — -- � � � � _ rerauvr wxnXuc,lm uvlulnl . - amwEtxxxeYWlwExl Y1gIMtlEWIX.VIYUX4IEWlfAYIMFXI - - - Vn1INY itYM1X FAYl1EXI - - ----- - tlmww 1. nENI Ni D IW YUU Eutl scnLe IN ru i N. �MIIW P WRiW 1YY CYNNq OY.Ip xeruw.—ro-- _—um,woosso�r� / r N_I MNeTMWMYFAW'NNYPIB'Tr AtlN�Rwitt � PJNOW B\CNFN1 ORIDATI011 N0.1p �� amWAlgv.,LLN9,C- YMRPYMII �_ YPFAFO TE09U9 N �y 50E) a -_a _ wm = m TYPICAL PAVEMENT CROSS SECTION - MOSS RIDGE ROAD Q:0 01) o xa: D co IV TYPICAL PAVEMENT CROSS SECTION HIGHWAY 1 V -__- - ---- --------___. xoT ,o wN< rraiwmaN Exhibit F Time Schedule 2013 Mar 29 Submit plans to DOT for RISE grant review (3 to 4 week review period) Mar 29 Submit DOT Hwy access & Traffic control permit application May 7 100% Complete May 7 Set Public Hearing May 21 Public Hearing June 13 Letting June 13 Receive & Open Bids June 18 Award Contract July 8+/- preconstruction Meeting November Substantial Completion 2014 Spring Final Completion 'a1 O D -t � -< r .<� �rn rn opo = Q a c N Exhibit G Assurance The City of Iowa City assures that the 20% (and up to 50%) non -RISE financial participation will be provided (see City resolution and cover letter). N O_ O �n W D=4 r �rn v rn 0 N Exhibit H Documentation of Non -Roadway Factors Zoning: The site is currently zoned Interim Development Research Park (ID -RP). This zoning meets the requirements of the Shive-Hattery facility and any future professional office uses. Water: 12" water main Sewer: 24" line, connected to City of Iowa City sanitary sewer system Financing: Has been obtained Building Permit: Pending CD a,t a0 0 IV Exhibit I Capital Investment Breakdown Private Capital Investment (non -roadway) for Shive-Hattery Site Land Purchase: $ 1,300,000 Site Preparation: $ 560,000 Building Construction: $ 4,800,000 Furniture & Fixtures: $ 750,000 15% Contingency $ 1,112,000 Grading, Utilities, Environmental $ 4,574,750 (for Phase 1 development) TOTAL: $ 13,096,750 Public Capital Investment (non -roadway) for Shive-Hattery Site & Phase 1 of Moss Ridge Campus Tree removal and wetland mitigation $ 25,000 Local Development Opportunity - Phase 2: Moss Ridge Campus Office Park Grading $ 1,457,400 Utilities 29 Paving Sanitary Sewer (PVC 8") $ 9,600 $ 500,000 Restoration $ 543,000 TOTAL: $ 7,239,700 w Sanitary Sewer Gravity Main$ 183,600 Water Main (12") $ 195,000 C7 -e. �p M Fire Hydrants $ 32,000r = 0 Trees and Shrubs $ 15,000 TOTAL: $ 460,200 tV Local Development Opportunity - Phase 2: Moss Ridge Campus Office Park Grading $ 1,457,400 Utilities $ 1,312,275 Paving $ 657,350 Environmental $ 500,000 Restoration $ 543,000 TOTAL: $ 7,239,700 See following page Exhibit 1 Itemized Cost Estimate r G a., w io r =�r = m 0 N F. 26x - 4- d RISE IMMEDIATE OPPORTUNITY APPLICATION Roadway Project Description and Cost Estimate (RISE -Eligible Items) LEAD APPLICANT NAME: City of Iowa City Date: January 17, 2013 ROAD PROJECT DESCRIPTION: Location: Highway Ito proposed Moss Ridge Campus at Rapid Creek 2,100 - Moss Length (R.): 2,300 - Hwy 1 Pavement Width: 31' BOC to BOC ROW Width: 66' PCC - Moss, PCC Base & 8" - Moss. 10" PCC Base & 3" ACC Pavement Type: ACC Surface - Hwy 1 Depth: Surface TRAFFIC INFORMATION: Present AADT (2010 ): Moss - 0, Hwy I - 8,300 Moss - 9,524 Design Year AADT (2025 ): Hwy 1 - 7,200 COST ESTIMATE: Item Description Units &Unit Cost See Attached Opinion of Anticipated Construction Costs SUBTOTAL Engineering. Legal. Administration Contingency GRAND TOTAL % Trucks: 2.2 • Trucks: 2.2 Total Cost $3.131350 S 469.703 S 313.135 $3.915.000 Note: If road project is in more than one jurisdiction, please prepare separate cost estimate forms for each portion and submit with applications. SHNC-FIATTC-RY City of Iowa City - Moss Ridge Road OPINION OF ANTICIPATED CONSTRUCTION COSTS r - - - Preliminary Engineering Phase - 111712013 DESCRIPTION: 31 -hoot wide new PCC Roadway approximately 2100 -feet from Highway 1 to proposed Moss Ridge Campus at Rapid Creek Subdrvrsion. Pm%ect also includes Highway 1 improvements, 8 -ft walk traftrc signals and interconnect sanitary sewer, water main, stormwaEer system and detention basins. boas not include costs for environmental mitigation N O C D.i W yam- n - .(i UNIT r EXTENDED REM DESCRIPTION UNIT QUANTITY COST a COST 1 CLEARING AND GRUBBING ACRE 10 $ 10,000.00 S 100,000.00 2 EXCAVATION. CLASS 10, ROADWAY AND BORROW CY 66,600 S 11.00 $ 710,600.00 3 TOPSOIL, STRIP. SALVAGE AND SPREAD CY 5,400 $ 8.00 $ 43,200.00 4 MODIFIED SUBBASE CY 3,100 $ 40.00 $ 124,000.00 5 GRANULAR SHOULDERS, TYPE B TON 140 $25.00 S 3,500.00 _ 6 _ _ PAVED SHOULDER, HOT MIX ASPHALT MIXTURE - 64N.- BY _ 2,200 $ _ _ 45.00 S _ 99,000-00 7 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS BY 8,810 $ 50.00 $ 440,500.00 C, CLASS 3 DURABILITY, 91N. 8 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS BY 2,480 $ 65.00 $ 161,200.00 C, CLASS 3 DURABILITY, 10 IN - 9 MEDIAN, P.C. CONCRETE, 41N. BY 1,010 $ 70.00 S 70,700.00 10 HOT MIX ASPHALT MIXTURE (1,000,000 ESAL), INTERMEDIATE COURSE, 1/21N. M TON 210 S 95.00 $ 19,950.00 11 HOT MIX ASPHALT MIXTURE (1,0004000 ESAL), SUR ACE COURSE, 1121N. MIX, NO TON 210 S 100.00 S 21,(X10.00 SPECIAL FRICTION REQUIREMENT 13 PRECAST CONCRETE BOX CULVERT, 10 FT. X 5 FT. LF 25 S 800.00 $ 15,000.00 14 PRECAST CONCRETE BOX CULVERT, 12 FT. X 6 FT. LF 122 S 1,000.00 $ 122,000.00 15 PRECAST CONCRETE BOX FLARED APRON, 10 FT. X 5 FT. EACH_ 1 S_ 15,000.00 $ 15,000.00 _ 16 PRECAST CONCRETE BOX FLARED APRON, 12 FT. X 6 -Ft. ---- -- - -- - - --- EACH _ 2 S 25,000.00 S 50,000.00 17 APRONS, CONCRETE, 181N. DIA. EACH 2 $ 800.00 S 1,600.00 18 APRONS, CONCRETE, 241N, DIA. EACH 1 $ 1,000.00 $ 1,000110 19 APRONS, CONCRETE, 481N. DIA- EACH 2 $ 2,000.00 $ 4,000.00 21 INTAKE, SW -WT EACH 81 S 3,000.00 S 244000.00 22 INTAKE, SW -51Z 24 IN. EACH 3 $ 2,000.00 $ 6,000.00 23 SUBORAIN, LONGITUDINAL. (SHOULDER) 41N. DIA. LF 7,100 $ 8.00 $ 56.800.00 24 STORM SEWER, TRENCHED, RCP, 2000D (CIII), IS IN. LF 690 $ 65.00 S 44,850.00 25 STORM SEWER TRENCHED, RCP, 2000D (CIII), 241N. LF 120 S 70.00 $ 8,400.00 26 STORM SEWER, TRENCHED, RCP, 2000D (CIII), 361N. LF 26 $ 125.00 S 3,250.00 27 STORM SEWER, TRENCHED, RCP, 2000D (CIII), 48 IN. LF 250 $ 170.00 $ 42,500.00 30 REVETMENT. CLASS ETON 290 $ $_ 14,500.00 _31 REMOVAL OF PAVEMENT -..-.. .--.-. -SY-1,400 _ _50-00 $ 10.00 $ 14,000.00 32 SPECIAL SUBGRADE PREPARATION BY 1,460 $ 5.00 $ 7,300.00 33 SIDEWALK, P.C. CONCRETE, 6 IN. (INCLUDES ONLY S WIDTH) BY 1,460 $ 35.00 $ 51,100.00 34 SIGNAGE LS 1 $ 15,000.00 S 15,000.00 35 TRAFFIC SIGNAL AND INTERCONNECT TO NORTHGATE LS 1 S 200,000-00 $ 200,000.00 36 PAINTED PAVEMENT MARKINGS, DURABLE STA 40 S 80.00 $ 3,200.00 37 TRAFFIC CONTROL LS 1 $ 50,000.00 $ 50,000.00 38 MOBILIZATION LS 1 $ 150,000.00 $ 150,000.00 41 EROSION CONTROL AND SEEDING LS 1 $ 80.000.00 $ 80,000.00 44 RIGHT-OF-WAY ACQUISITION LS 1 5 250.000.00 $ 25D.000.00 Sub -Total S 3,023,150 Engineering. Legal, Administration $ 453,473 Contingency 302.315 'Grand Total $ 3,779,000 boas not include costs for environmental mitigation N O C D.i W yam- n - .(i r r �m � rn E5;0 0 a o fV 1123_^-I Item K Description of Associated Economic Development and Jobs 1. A. Description and History of Business Shive-Hattery, Inc. is an architecture/engineering firm, which has been in continuous operation in Eastern Iowa for more than 115 years. The company goes beyond full service to give our clients a single source for solutions. Our mission is to provide outstanding client service through planning, design, construction and post occupancy. The process is unique to each project and each client. Providing the right team of talented specialists, identifying and managing the critical steps to success and delivering quality services has led to continuous growth of our firm in both revenues and employees. The Company is ranked 31st in the Building Design and Construction annual listing of top architecture, engineering and construction firms and serves six market sectors: Education, Government, Commercial, Healthcare, Industry and Telecommunications. The Corporate office for Shive-Hattery is located in Cedar Rapids, Iowa. The company is a regional Mid - West firm that has over 325 employees and has design offices (with the number of employees in each office in parenthesis) in the following locations: Iowa Illinois Indiana Missouri Cedar Rapids (44) Bloomington (16) Valparaiso (16) Chesterfield (1) Iowa City (69) Chicago (12) West Des Moines (84) Downers Grove (18) Corporate Office (25) Moline (49) The Company's Iowa City office is the second largest office (by staff) in the company and has experienced continuous and steady growth over the past 15 years. In 1997, there were 40 employees in the Iowa City office (in an office that was designed for 50 staff) and have currently grown to 69 employees in 2012. It is anticipated that growth will continue, and have plans to grow to 78 staff in the next two years, and grow to 90 staff in 5 years. Shive-Hattery is currently considering construction of a 27,000 square foot (expandable) operations center to accommodate the Company's business expansion needs. The Company anticipates entering into a 10 -year lease with the developer/owner of the building for a build -to -suit facility. A capital investment of approximately $6 to $7 million (site acquisition and construction) i,-,Jnticip%d. The first phase of the construction will accommodate about 90 staff members. O w H o� _ N I.B. Growth Data Since 2007, revenues for the Iowa City office have grown from approximately $7 million to $14 million. Staff size has grown from 52 employees to 69 in the same period. Much of this growth was in a recessionary period for the country. With slow and steady recovery of the economy, we anticipate growth in the sectors we serve. Historically, there has been large growth in architecture and engineering services at the end of recessionary periods. I.C. Hourly Wages for Job Classifications The hourly wages for professionals in the Iowa City office vary widely depending on their area of expertise and experience. Most staff are salaried, not hourly employees. The following listing gives the ranges of salaries for our full time staff: Administrative Staff $32,000—$64,000 Architects $40,000 - $100,000 Engineers $50,000 - $100,000 Project Managers $60,000 - $90,000 Licensed Surveyors $50,000 - $80,000 Field Technicians $20.00 - $30.00/hour Summer Interns $13.00 - $16.00/hour I.D. Turnover Rates for Staff The following table of turnover rates for the Iowa City office includes both voluntary (retirements, leave for another job opportunity) and involuntary (terminations and lay-offs) turnover. As previously mentioned, despite losing staff to turnover, the office has replaced the departing staff and has added additional staff requiring the need for relocating to a new office building. It should be noted that the average turnover rate in the Architecture/Engineering industry is 15%. Turnover Rates: 2008-3.6% nA w 2009-8.5% 2010-5.2% 2011-5.1% s� 2012-8.8% 0 1.E Benefits N All full time and some part-time employees are eligible for benefits through the company benefit program. The details of the benefit program are shown in the table below: Employee Benefits Dental N O 0 W N/A Life Coverage - 1x Annual Salary Max$100,000 �-� r _ v Short Term Disability Total Annual Cost Dental $0.00 $0.00 100% N/A Life Coverage - 1x Annual Salary Max$100,000 _ v Short Term Disability Total Annual Cost Portion of Total Annual Cost O� N/A (shown per employee) Paid by Business Plan Provis Long rem Disability I 1 $0.00 $0.00 100% Annual Max - 51500 66.67% of Base Salary Max$8000/morth )(include co - Employee 401K Match Y. 3.00% Preventative Service 3.00% insurance %, office Benefits - Deductible Waived visit co -pay, annual Provided by Employee - $50 Orthodontics out-of-pocket max, Business Employee Family Employee Family Deductibles etc.) Medical Insurance Co -Pay: $20/540 Out of Pocket: Employee - $2500 $5000/$7500 Health Plan $6,987.12 517,385.12 55,559.12 $12,153.12 Family -$5000 Co- insurance =20% Co -Pay: $30/$60 Out of Pocket: Employee - $2500 55000/$7500 Health Plan $5,933.28 $15,969.72 $4,709.28 $11,253.72 Family -$5000 Co-insurance = 20% Dental $0.00 $0.00 100% N/A Life Coverage - 1x Annual Salary Max$100,000 Insurance Short Term Disability $0.00 N/A 100% N/A 66.67% of Base Salary Max $8000/month Waiting Period - 7 Calendar Days Maximum 13 weeks Long rem Disability I 1 $0.00 $0.00 100% Annual Max - 51500 66.67% of Base Salary Max$8000/morth 31 to receive a matching deposit. This plan 401K Match Y. 3.00% Preventative Service 3.00% has immediate vesting. - Deductible Waived Employee - $50 Orthodontics $370.44 $1,385.64 $370.44 $370.44 Family -$150 $2000 Lifetime Max Life Insurance $0.00 $0.00 100% N/A Life Coverage - 1x Annual Salary Max$100,000 Year Ending Short Term Disability $0.00 N/A 100% N/A 66.67% of Base Salary Max $8000/month Waiting Period - 7 Calendar Days Maximum 13 weeks Long rem Disability I 1 $0.00 $0.00 100% N/A 66.67% of Base Salary Max$8000/morth Employee must be 21, employed for 2 years Year Ending 2009 2010 2011 before eligible for matching, work 1000 hours each year and be an employee on December 31 to receive a matching deposit. This plan 401K Match Y. 3.00% 3.00% 3.00% has immediate vesting. 1.F. Civil or Criminal Violations The company does not have any civil or criminal violations within the past 5 years (if ever). I.G. Percentage of in-state suppliers As this is a professional services company, in-state suppliers will be local service providers for business related needs. I.H. Iowa Companies you expect to sell to which currently buy from non -Iowa companies The Iowa City office sells it services primarily to clients within a 60 mile radius of Iowa City. To which extent new clients that currently buy from non -Iowa firms is not determinable. 1.1. Import Substitution This does not apply to our Professional Services firm. 1.J. Other Iowa Companies that could be considered as your competitors. Any and all Architecture and Engineering firms could be considered competitors. The Iowa City office is the only full service Architecture/Engineering firm in the Iowa City area. I.K. Required Environmental Permits No special permitting necessary for this business operation. 2. A. Preference to Hire Iowa Residents. Whenever possible, the Iowa City office tries to hire local personnel from within a 30-50 mile radius. We have found that hiring local people are usually "rooted" to the area (usually by family) and want to stay in the area. This helps with keeping our turnover rates low. Since our business is client relations based, turnover can severely impact our business, which is why hiring local people is to our advantage. Priorities will be given to those local workers with demonstrated skills, educational attainment levels and experience appropriate for the duties required. The company is an equal opportunity employer with a strong focus on diversity. t� p r++ Z.B. Has the Company merged or acquired an Iowa company? nt7 • No. n� .,C r r m O� O b Year Ending 2009 2010 2011 Employee must be 21, work 500 hours during the year and be an employee on December 31 to receive a profit sharing deposit. This plan Profit sharing Match % 4.72% 5.28% has a 6 year vesting schedule. 1.F. Civil or Criminal Violations The company does not have any civil or criminal violations within the past 5 years (if ever). I.G. Percentage of in-state suppliers As this is a professional services company, in-state suppliers will be local service providers for business related needs. I.H. Iowa Companies you expect to sell to which currently buy from non -Iowa companies The Iowa City office sells it services primarily to clients within a 60 mile radius of Iowa City. To which extent new clients that currently buy from non -Iowa firms is not determinable. 1.1. Import Substitution This does not apply to our Professional Services firm. 1.J. Other Iowa Companies that could be considered as your competitors. Any and all Architecture and Engineering firms could be considered competitors. The Iowa City office is the only full service Architecture/Engineering firm in the Iowa City area. I.K. Required Environmental Permits No special permitting necessary for this business operation. 2. A. Preference to Hire Iowa Residents. Whenever possible, the Iowa City office tries to hire local personnel from within a 30-50 mile radius. We have found that hiring local people are usually "rooted" to the area (usually by family) and want to stay in the area. This helps with keeping our turnover rates low. Since our business is client relations based, turnover can severely impact our business, which is why hiring local people is to our advantage. Priorities will be given to those local workers with demonstrated skills, educational attainment levels and experience appropriate for the duties required. The company is an equal opportunity employer with a strong focus on diversity. t� p r++ Z.B. Has the Company merged or acquired an Iowa company? nt7 • No. n� .,C r r m O� O b 2.C. What percentage of the total Iowa City Office Operating Expenditures (including wages and salaries) will be spent within the State of Iowa? Approximately 90%-95% 2.D. Of the total dollar amount of annual sales, what is the expected Percentage of out of state sales? To Be Determined. We traditionally serve clients in the 60 mile radius of Iowa City. However, on occasion, we will have a client that is from out of state. 2.E. Are there any other state funds being requested for road or economic development Project? Not that we are aware of. C7 =tn �m -o a o See following page Exhibit L MPO1C Letter 77 A �A :<rn = li a c w January 12, 2013 Iowa Department of Transportation Office of Systems Planning 800 Lincoln Way Ames, Iowa 50010 Dear RISE Grant Review Committee, MP()V Metropolitan Planning Organization offohnson County The proposed construction of Moss Ridge Road from Iowa Highway 1 to Moss Ridge Campus is consistent with the adopted MPOJC 2012-2040 Long Range Multi -modal Transportation Plan. This roadway will be an important access road for employees at the existing Pearson, Inc., as well as new businesses that located in the new professional office park north of Interstate 80. As the Iowa City Urbanized Area continues to grow, this corridor will likely serve higher traffic volumes as the area develops to serve demand for housing and employment. In terms of economic development, this project is consistent with the vision of the Long Range Plan by "accommodating all modes of transportation," and "enhancing the livability of the community by managing congestion and addressing neighborhood traffic issues," and by "accommodating commercial and industrial" growth. Please feel free to contact me if you have any questions about the project at 319-356-5252. Sincerely, 7.,% y -P7-- John Yapp Executive Director S.\PCD\Grant Applications',RISENNIoss Green\MP0.letter doc N d c, taf t^ cox s � o w The proposed construction of Moss Ridge Road from Iowa Highway 1 to Moss Ridge Campus is consistent with the adopted MPOJC 2012-2040 Long Range Multi -modal Transportation Plan. This roadway will be an important access road for employees at the existing Pearson, Inc., as well as new businesses that located in the new professional office park north of Interstate 80. As the Iowa City Urbanized Area continues to grow, this corridor will likely serve higher traffic volumes as the area develops to serve demand for housing and employment. In terms of economic development, this project is consistent with the vision of the Long Range Plan by "accommodating all modes of transportation," and "enhancing the livability of the community by managing congestion and addressing neighborhood traffic issues," and by "accommodating commercial and industrial" growth. Please feel free to contact me if you have any questions about the project at 319-356-5252. Sincerely, 7.,% y -P7-- John Yapp Executive Director S.\PCD\Grant Applications',RISENNIoss Green\MP0.letter doc See following pages Exhibit M Minority Impact Statement N _G G.f C Cl) =;C-) - r rrn = M D C .0r,,6`iowa Department of Transportation W Form 105101 (03-2009) MINORITY IMPACT STATEMENT Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the state of Iowa that are due beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism for requiring grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the Information requested for the chosen statement(s). Submit additional pages as necessary. ❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project. Indicate which group is impacted: ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project. Present the rationale for the existence of the proposed program or policy. Provide evidence of consultation with representatives of the minority groups impacted. N O _ Q e.• y 4= C-> -�C-) .� r ;cm M � Q n o W Indicate which group is impacted: ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other ® The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Name: Title: Ron Knoche, City Engineer Definitions "Minority Persons," as defined in Iowa Code Section 8.11, means individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans. "Disability," as defined in Iowa Code Section 15.102, subsection 7, paragraph 'b," subparagraph (1): b. As used in this subsection: (1) 'Disability' means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. 'Disability'does not include any of the following: (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania. (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "State Agency," as defined in Iowa Code Section 8.11, means a department, board, bureau, commission, or other agency or authority of the state of Iowa. N 0 :5 _O W L c _ �m i m 6;0 D� v o w Indicate which group is impacted: ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ other ® The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. r',Sl..'f'-<+�-,,..� -,>� will .5 e, .;t v�.l� <.tI�a.l (iAc✓:�C.E:..d.ti of c�e (<C r, 62F � e' l�<r Ecc.. �..� St�t�) I hereby certify that the information on this form is complete and accurate, to the best of my knowledge. Name. 'K Title: Ron Knoche, City Engineer Definitions "Minority Persons," as defined in Iowa Code Section 8.11, means individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders. American Indians, and Alaskan Native Americans "Disability," as defined in Iowa Code Section 15.102. subsection 7, paragraph "b," subparagraph (1): b. As used in this subsection: (1) 'Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability' does not include any of the following: (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania. (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "State Agency,' as defined in Iowa Code Section 8. 11, means a department, board, bureau. commission, or other agency or authority of the state of Iowa. N d t� �� rn �= v CD W January 15, 2013 City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Tom, IOWA CITY / AREA CHAMBER OF COMMERCE On behalf of the Iowa City Area Chamber of Commerce, please accept my enthusiastic support for funding the construction of Moss Ridge Road to pave the way for future developments in the area. The development of the Moss Green Office Park will provide valuable community resources for businesses requiring office space, and ample capacity for expanding existing retail stores. The surrounding apartments will also provide value by attracting customers to patronize these businesses. Moss Green will also offer the space for businesses to incorporate their needs for parking outside of the traditionally competitive confines of Iowa City. This will undoubtedly be an important factor in attracting jobs to the area with the purpose of employing local graduates and enriching the business community. Finally, Moss Green will be a vital part of an overall plan focused on green energy and environmentally friendly adaptations of the traditional office park. We urge you to approve funding for Moss Ridge Road. Your support is greatly appreciated. Kind regards, ra 7 n�—� �o Nancy Quellhomt �m = President & CEO O� N D o W r v 325E Washington Suite 180 laws City, IA 52240 Telephone: (3191337 -MV Fax (3191338-9958 �nry iowacoarea.cam cp a1.11.13 Best Regards, Iowa City Area Development Group Tom Markus 410 E Washington St. Iowa City, IA 52240 Tom, On behalf of The Iowa City Area Development Group, I would like to convey our full support for the City of Iowa City s request for competitive RISE funding to construct Moss Ridge Road which will allow access into the Moss Ridge Campus Development. This high visibility development along Interstate 80 has alreadygarnered significant interest from site selection consultants and existing local employers interested in expansion. We think the site design has evolved significantly since its original inception and feel that it offers the ideal mix of office, retail and housing to make it an attractive live / work environment. Our area continues to receive regular inquiries for large office space that our market does not currently have available. Consultants from around the country have defined the type of office park environment our area needs to compete for projects; this development would be the best means for achieving this goal. Additionally, Moss Ridge Road helps to align the longer term goals of creating a secondary access point for commuter traffic to access new and existing major employers such as Pearson and Mercerfrom other areas of the region. We feel the short and long term impacts of this access road are tremendous and we hope you will support the City of Iowa City's request to access funding for this project. As the economic development entity for the Iowa City Area, the ICAD Group will work to the best of our abilities to ensure this investment is realized in real economic growth and long term benefit for the State of Iowa. Please do not hesitate to contact our organization if we can provide any additional information or assistance to this project. Best Regards, CD 325 E Washington St n" suite 101 Mark Nolte, Intern President Iowa City, Iowa 52240—tn Iowa City Area Development Group �r -0 m (319) 3543939 rn = 0 Er6aordrery Opportun es it y CD UnexpectedPhres W -- 9rocnt (nU WZZO VI'AW WADI — n. aw u assn ar0r s uP0 w ••✓MiNr • NO 3AVINUVON Kot .a. x wO.eal v M.a wwr It9il '5NVAYMUVW1AMe -19R— All 0311V43Nd AiANnS ---Aw.ar a�.• wWWN• 110 wa w .Pwnaa w •w` AVMOIdOA 03W wiw u.se rrw e. iw Ina .rw As O3le9n03V A3ntlnS •anal ma gene 90'0 Nouns. IA loBuN W lumd a pN aullgsaO 1pluted ata t9tW Os'10 P09.tost Iancea N OW lots PW dWW 1.Z9 Wm6 Gimmo p+ a p) 1MNa0r,tt" aamtm UK 00'00 PV3.KdM ID WON sous" 'anal Ip a1MM eOAa 900 ONumum '(AIW u""Sp 01W Ios SWaN Naoko) SMI np&.WoS pw sWuulsaa to Wpd stool NN L200 Wa3.Kdt., WIp9 mwwl U4401'an mm.l0At1 WON apWW prof. 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Y/!!/J UNON4l0iNLElMD AOS KlPI o RMI l n An UDA64.N,NII HI.AEARO.OVA" ® LOTSM"V PIUOE O FA1 An wn n.eHnalm Prepared by: Kristopher Ackerson, Assistant Transportation Planner Iowa City, IA 52240 (319) 3565247 RESOLUTION NO. 13-19 RESOLUTION DECLARING THE CITY OF IOWA CITY'S APPLICATION FOR RISE FUNDS FOR THE PROPOSED MOSS RIDGE ROAD FROM IOWA STATE HIGHWAY 1 TO MOSS RIDGE CAMPUS AT RAPID CREEK PRESERVE WHEREAS, the City of Iowa City, Iowa ('City°) endorses the construction of the proposed Moss Ridge Road for dedicated public use heading west From a new signalized intersection with State Highway 1 approximately one-quarter mile north of Interstate 80 to serve the future Moss Ridge Campus at Rapid Creek Preserve; and WHEREAS, the City's adopted Comprehensive Plan recommends that the City attract additional commercial development adjacent to Interstate 80 and the new Moss Ridge Road will enable development on land that will be accessible to the interstate and Iowa highway networks; and WHEREAS, the City has identified an immediate, non -speculative opportunity for job retention and creation that is dependent upon the construction of Moss Ridge Road in 2013; and WHEREAS, the proposed road construction improvements will enhance the economic development of the community and surrounding area and add to the quality of life of citizens; and WHEREAS, increased commercial business creates additional jobs for residents and allows growth of the tax base and is consistent with the intent of the RISE program to fund projects which grow the Iowa tax base and facilitate job creation; and WHEREAS, the City needs the Revitalize Iowa's Sound Economy (RISE) funds to assist in the improvements needed for this project; and WHEREAS, the City will be responsible for adequately maintaining said roadway improvements that are not within Iowa Department of Transportation right-of-way; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The estimated total cost of construction for Moss Ridge Road and intersection with State Highway 1 is $4,466,000 and the City of Iowa City is applying for a minimum of fifty percent of the costs ($2,233,000) from the RISE program. 2. The City hereby officially endorses and directs City staff to submit a RISE grant application to Iowa DOT for eligible construction expenses of Moss Ridge Road. 3. The City Engineer or designee is hereby authorized to execute the 'Application Certification for Immediate Opportunity." 4, The City Manager or designee is hereby authorized to execute all necessary agreements and documents for said grant with the Iowa Department of Transportation. 11 I 7 C:\Users',SHektoen\AppData\Lowl\Microsoft\Windows\Temporary Internet Ridge Road.doc 0 D� Vi rrs � �rn rn a= _ O 43Q� WaWiingtcn SF. O W RESOLUTION DECLARING THE CITY OF IOWA CITY'S APPLICATION FOR RISE FUNDS FOR THE PROPOSED MOSS RIDGE ROAD FROM IOWA STATE HIGHWAY 1 TO MOSS RIDGE CAMPUS AT RAPID CREEK PRESERVE WHEREAS, the City of Iowa City, Iowa ('City°) endorses the construction of the proposed Moss Ridge Road for dedicated public use heading west From a new signalized intersection with State Highway 1 approximately one-quarter mile north of Interstate 80 to serve the future Moss Ridge Campus at Rapid Creek Preserve; and WHEREAS, the City's adopted Comprehensive Plan recommends that the City attract additional commercial development adjacent to Interstate 80 and the new Moss Ridge Road will enable development on land that will be accessible to the interstate and Iowa highway networks; and WHEREAS, the City has identified an immediate, non -speculative opportunity for job retention and creation that is dependent upon the construction of Moss Ridge Road in 2013; and WHEREAS, the proposed road construction improvements will enhance the economic development of the community and surrounding area and add to the quality of life of citizens; and WHEREAS, increased commercial business creates additional jobs for residents and allows growth of the tax base and is consistent with the intent of the RISE program to fund projects which grow the Iowa tax base and facilitate job creation; and WHEREAS, the City needs the Revitalize Iowa's Sound Economy (RISE) funds to assist in the improvements needed for this project; and WHEREAS, the City will be responsible for adequately maintaining said roadway improvements that are not within Iowa Department of Transportation right-of-way; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The estimated total cost of construction for Moss Ridge Road and intersection with State Highway 1 is $4,466,000 and the City of Iowa City is applying for a minimum of fifty percent of the costs ($2,233,000) from the RISE program. 2. The City hereby officially endorses and directs City staff to submit a RISE grant application to Iowa DOT for eligible construction expenses of Moss Ridge Road. 3. The City Engineer or designee is hereby authorized to execute the 'Application Certification for Immediate Opportunity." 4, The City Manager or designee is hereby authorized to execute all necessary agreements and documents for said grant with the Iowa Department of Transportation. 11 I 7 C:\Users',SHektoen\AppData\Lowl\Microsoft\Windows\Temporary Internet Ridge Road.doc Resolution No. 13-19 Page 2 Passed and approved this 22nd day of tanuar. 20j3__. r Approved ATTEST: rye J 1P, 44-J CITY RK It was moved by Dobvns and seconded by cbamoion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 0 n �� �m oM 1E w M o 0 W January 14, 2013 Rebecca Law Iowa Department of Transportation Office of Systems Planning GOV LIIIbVnI idy Ames, Iowa 50010 Re: RISE Application Dear Ms. Law: mp(:v Metropolitan Planning Organization of Johnson County C C-- 79 9 Q y o w On behalf of the City of Iowa City, I would like to submit the attached RISE application for the construction of Moss Ridge Road. For the past two years, the City has been facilitating the expansion of the major employment center located north of Interstate 80 and west of North Dodge Street. The proposed Moss Ridge Campus office park consists of 150 acres of land intended for office/research park uses and approximately 14 acres of support retail. This high visibility development along Interstate 80 has already generated interest from site selection consultants and area employers looking to relocate. The property is currently inaccessible, so a new roadway is necessary for development to occur. The City is committed to paying up to 50 percent of the eligible project costs for this important economic development road project. Please let me know when you and your staff will be evaluating our application. I am available to answer any questions you might have regarding this application. Also, could you please let me know when this application will be considered by the Iowa Department of Transportation Commission. I can be reached by phone at 319-356-5010 and by email at Tom-MarhusCD,1owa- Crt . o . We look forward to working with you on this project. Thank you for your consideration. Sincerely, Tom Markus City Manager cc: Paul Trombino III, Director, Iowa Department of Transportation Stu Anderson, Planning and Programming Director, Iowa Department of Transportation S 1PCGrGrant Applications+RiSEVvbss GreemLetters�Cover Letter tla Iowa Department of Transportation `tel APPLICATION FORM for RISE: IMMEDIATE OPPORTUNITY PROJECT FUNDING GENERAL INFORMATION Applicant Name: City or County of City of Iowa City Contact Person: Ron Knoche Title: City Engineer Mailing Address 410 East Washington St. Iowa City, Iowa 52240 Snx,,�fAas Cu, Sue Z CA& Email Address ron-knoche@iowacity.org Daytime Phone: 319-356-5138 n c� If more than one local government is involved in this roadway project, please state the highway authority, contact person, mailing address, and telephone number of the second agency. (Attach an additional page if more than two agencies are involved.) City or County of Mailing Address Email Address Contact Person: SA.-i34esa CA, stLe ZI ce Daytime Phone: ,u<, coag Was this application discussed with or reviewed by DOT District Office staff? ® Yes ❑ No Have you applied for funding from the Department of Economic Development? ❑ Yes ® No If so, please state amount. purpose. and status. Please complete the following: The proposed project is on the following type(s) of road: ® City Street ❑ Secondary Road ® Primary Road O This project involves ® Development of a New Road (Length in feet: 2.100 - M w ooad ® Improvement of an Existing Road (Length in feet: 2.300 - is wa% 1 ® Both �n This project involves ❑ Expanding an Existing Development <r M ® Attracting a New Development rn i 0 ® Retaining an Existing Development :,X Has any part of this development or roadway project been started? ® ]es[ No iP If yes, please explain. Preliminary plans are being created now. Does the project involve relocation of economic activity from elsewhere in Iowa? ❑ Yes ® No If yes, please explain. This application is for RISE funding as a ❑ Loan ® Grant ❑ Combination If this application is for a loan or a combination loan/grant. please state the proposed terms of repayment. (Include amount of principal to be repaid. proposed interest rate, length of repayment. etc.) If this application is for funding for two or three program years. please specify the amount of funding requested for each year. First year $ Second year S Third year S ROADWAY PROJECT COST INFORMATION (Please attach an itemized breakdown as Item J.) RISE funds requested for roadway project Non -RISE funds available for roadway project List below the source and amount of these non -RISE roadway funds. Source 1. General Obligation Bonds 2. 3. 4. S 3,023,200 $ 755.800 Amount 5755,800 Total cost of roadway project S 3,779,000 (The R/SEfunds requested and the non-RISEfunds available should equal the total cost of roadway project.) TOTAL CAPITAL INVESTMENT INFORMATION (Forpurposes of this application, total capital investment should not include any investment in the roadway project. Please attach an itemized breakdown as Item L) Assured? Yes Capital investment from private sources (non -roadway) S 13.096,750 Capital investment from public sources (non -roadway) S 460,200 Total Capital Investment 5 13,556,950 ECONOMIC IMPACT INFORMATION � W n D The type of development involved is ❑ Industrial/manufacturing --t ® Commercial/office/wholesale ❑ Park/tourist/recreational "tr •�� rn El Retail ❑ Other (specify) �� Q a c Please state the number of permanent, direct jobs created and/or retained as a result of this p47ect. (Directjobs created refer to new jobs in firms, developments, or sites specifically assisted by a RISE project but do not include construction or indirect "multiplier" jobs. Direct jobs retained do not include existing jobs unless there is an immediate threat the development will be located out-of-state, and documentation is provided.) Permanent. full-time jobs at present 69 ( Use full-time equivalents if necessary.) Initial direct jobs created 9 (within first two years) Future direct jobs created 41 (beyond first two years) Total direct jobs created 50 Total direct jobs retained 69 DOCUMENTATION INFORMATION The following documents must be attached to this application. In the upper right-hand corner of each document, write the letter shown below which the document supports. (Please refer to the general instructions for an explanation of each item.) Please check that the following items are attached: ® A. A RESOLUTION or resolutions approved by the participating local governments. ® B. A NARRATIVE describing the potential economic development. ® C. A TRANSPORTATION NARRATIVE assessing existing conditions, outlining the proposed concept of the roadway project, and providing adequate transportation justification. ® D. A reproducible MAP identifying the general area. the location of the roadwav oroiect. and the location of associated economic development. ® E. A PLAN and typical CROSS-SECTION of the roadway project. ® F. A TIME SCHEDULE for the total development, including the roadway project. ® G. ASSURANCE of at least 20 percent non -RISE financial participation in the project. ® H. DOCUMENTATION that arrangements have been made for nonroadway factors intrinsic to the success of the development. ® I. An ITEMIZED BREAKDOWN of total capital investment (nonroadway). ® J. An ITEMIZED BREAKDOWN of total roadway project costs. The attached form must be.used.-Ir ® K. A NARRATIVE describing the associated economic development and jobs. The attached form must be used. r ® L. DOCUMENTATION that the proposed road project and economic developatent ar�iwnsicc�rrwith any regional or metropolitan area long-range transportation plans in effect t%%RlJkprojFC%I location. ® M. !Minority Impact Statement is completed and signed. CERTIFICATION [�i1 To the best of my knowledge and belief, all information included in this applicati��dti�nd rate, including the commitment of all physical and financial resources. This application has 0dul uthorized by the participating local government(s). I understand the attached RESOLUTION(S) bind?%e pa 1pating local governments to assume responsibility for adequate maintenance of any new or improved city streets or secondary roads. 1 hereby certify, under penalty of perjury, that any award of RISE funds; any subsequent letting of contracts for design, construction, reconstruction, improvement or maintenance; or the furnishing of materials therefore; shall not involve direct or indirect interest, prohibited by Iowa Code Section 15A.2, 314.2, 362.5 or 331.342, of any state, county, or city official, elective or appointive. Any award of RISE funding or any letting of a contract in violation of the foregoing provisions shall invalidate the award of RISE funding and authorize a complete recovery of any funds previously disbursed. understand that, although this information is sufficient to secure a commitment of funds, a firm contract between the applicant and the Department is required prior to the authorization of funds. Representing the The City of Iowa Signed: su�m�a � Ink Ron Knoche, City Engineer I.,d and rd� Attested: S,.W� n Ink City Clerk I'-.ycil Nmne znd T�Ie n,m d�sns 1.15.2013 TV ed Dem DHe SirnN 1.15.2013 Try d Ilam Exhibit A Resolution The City Council of Iowa City will approve the following resolution at their next scheduled meeting on January 22, 2013. We will submit the signed resolution via email on January 23 and mail the, original the same day, ts w O� C Prepared by: Kristopher Adcerson, Assistant Transportation Planner, 410 E V: n Iowa City, lA 52240 (319) 356-5247 = Drn 0 RESOLUTION NO. VZ y- o V" RESOLUTION DECLARING THE CITY OF IOWA CITY'S APPLICATION FOR RISE FUNDS FOR THE PROPOSED MOSS RIDGE ROAD FROM IOWA STATE HIGHWAY 1 TO MOSS RIDGE CAMPUS AT RAPID CREEK PRESERVE WHEREAS, the City of Iowa City, Iowa ("City") endorses the construction of the proposed Moss Ridge Road for dedicated public use heading west from a new signalized intersection with State Highway 1 approximately one-quarter mile north of Interstate 80 to serve the future Moss Ridge Campus at Rapid Creek Preserve; and WHEREAS, the City's adopted Comprehensive Plan recommends that the City attract additional commercial development adjacent to Interstate 80 and the new Moss Ridge Road will enable development on land that will be accessible to the interstate and Iowa highway networks; and WHEREAS, the City has identified an immediate, non -speculative opportunity for job retention and creation that is dependent upon the construction of Moss Ridge Road in 2013; and WHEREAS, the proposed road construction improvements will enhance the economic development of the community and surrounding area and add to the quality of I'rfe of citizens; and WHEREAS, increased commercial business creates additional jobs for residents and allows growth of the tax base and is consistent with the intent of the RISE program to fund projects which grow the Iowa tax base and facilitate job creation; and WHEREAS, the City needs the Revitalize Iowa's Sound Economy (RISE) funds to assist in the improvements needed for this project; and WHEREAS, the City will be responsible for adequately maintaining said roadway improvements that are not within Iowa Department of Transportation right-of-way; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I . The estimated total cost of construction for Moss Ridge Road and intersection with State Highway 1 is $4,466,000 and the City of Iowa City is applying for a minimum of fifty percent of the costs ($2,233,000) from the RISE program. 2. The City hereby officially endorses and directs City staff to submit a RISE grant application to Iowa DOT for eligible construction expenses of Moss Ridge Road. 3. The City Engineer or designee is hereby authorized to execute the `Application Certification for Immediate Opportunity." 4. The City Manager or designee is hereby authorized to execute all necessary agreements and documents for said grant with the Iowa Department of Transportation. Passed and approved this day of MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office 120 c 4 �C � o t It was moved by and seconded by be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution FILED Exhibit B PN 1 - 04 Potential Economic Development 2013 JUt � 9 Shive-Hattery is �ann�lrMWA engineering firm with over 115 years of continuous operation. They provide 6041 eering services to give clients a single source of solutions. The process of getting there is unique to each project and each client. Providing the right team of talented specialists, identifying and managing the critical steps to success and delivering quality service—it's what they have done for more than 115 years. Shive-Hattery is a leader in innovative engineering solutions for private and public clients across the Midwest. Shive-Hatter y delivers the expertise of nearly 2,000 professionals in seven offices across Iowa, Illinois, and Missouri. The company's revenue for 2011 exceeded $100 million dollars. Shive- Hattery currently has three established facilities in Iowa, including Des Moines, Cedar Rapids, and Iowa City which employ approximately 220 colleagues as of July 2012. Some of Shive-Hattery's larger clients include Universities of Iowa and Iowa State, U.S. Department of Defense, and U.S. Army Corps of Engineers. Shive-Hattery is currently considering relocating its Iowa City office to a larger office space that will accommodate a growing staff. To meet this immediate opportunity, the City of Iowa City has facilitated negotiations between Shive-Hattery and the property owner, Mr. Steve Moss, who has partnered with the firm of R&R Realty Group to develop the Moss Ridge Campus office park. Founded as a commercial real estate company in 1985, R&R Realty Group has become one of the largest real estate development and property management firms in Iowa. R&R currently owns and manages more than 6 million square feet of office, retail, multifamily and warehouse facilities. Shive-Hattery has agreed to relocate its operations and sixty-nine colleagues to Moss Ridge Campus Office Park, a proposed professional office park in Iowa City being developed by the property owner, Mr. Steve Moss in partnership with R&R Realty Group, if the property is accessible by Fall 2013 – currently the property is landlocked. The company anticipates entering a 10 -year lease with the developer/owner of the building for a build -to -suit facility with opportunities for future expansion. In addition to capital investment of approximately $6 million to $7 million dollars (site acquisition and construction), the Company also plans to hire nine additional employees with an average wage of $50,000 (not including benefits) after the relocation is complete. The Company will only be located in Iowa City if the road project is completed. The project will open up the Moss Ridge Campus to development, as outlined in the following section. Local Development Opportunity The proposed Moss Ridge Road will not only serve the property for Shive-Hattery's new office building but the entire Moss Ridge Campus office park, as well. R&R Realty Group is working with the Moss family to master plan and develop a Class A office park on approximately 170 acres located on the NW corner of Highway 1 and 1-80 in Iowa City (see map below). The project has been approved by the City of Iowa City. This project will be similar to the 4 office parks owned by R&R Realty Group in the western suburbs of Des Moines and will require similar access and infrastructure to be successful. R&R's strategy over the past 27 years has produced nearly 3,500,000 square feet of Class A office in the greater Des Moines market. Based the total build -out of the Moss Ridge Campus, R&R anticipates the entire development will create over 5,000 professional office positions with salaries averaging $55,000 per year. The number of jobs is confirmed by the trip generation study (see Exhibit C) that estimates over 9,000 vehicles will enter and exit each day (total of 18,000 ADT). Limited Options: The Moss Ridge Campus property is one of only a few viable locations in the City of Iowa City that has all the key components to make an office park successful. Those components are as follows: 1. Parcel Size: To attract quality long term companies you have to have a large enough parcel that can accommodate multiple buildings that offer companies expansion capabilities under a single ownership structure. Moss Ridge Campus would be able to accommodate over 1,000,000 square feet of office property which would attract and house over 5,000 employees. 2. Access: Larger office parks with support retail will require multiple and well located access points in order to accommodate the traffic and movement. R&R has developed all of its projects off of the interstate systems and all have multiple access points in and out of the parks. Companies continue to push their square feet per person down trying to lower their overall real estate costs which will continue to push the need for good access and multiple ingress/egress points. 3. Timing: According to R&R Realty, when a business tenant is ready to make a commitment they must to be in a position to respond with decisions and a building to meet their timeline. Being "shovel read" is the key to economic development and having the necessary infrastructure can be costly and prohibitive for most developments. The Moss family has made a substantial financial commitment to date and continues to be willing to fund the development of future office / retail developments. OC � .4 �D � O 0311:4 ®rtue�navx�n wnw�.�an MWIbbpNNp/q b 21N 1• Exhibit C Transportation Narrative This proposed construction of Moss Ridge Road will be the only access to the site and is critical for the development of the project. The proposed professional office is located in Moss Ridge Campus Office Park, which is west of Iowa Highway 1 (North Dodge Street) and north of Interstate 80. The property is currently inaccessible by road — this project will provide access to the site, as well as potentially provide secondary access in the long term to Pearson, an international educational testing, learning, and curricula development company with over 1,100 employees. The proposed RISE funded project will construct a new signalized intersection with Highway 1 and extend Moss Ridge Road westerly to the boundary of Moss Ridge Campus Office Park. From that point, the developer/owner of the office park will construct the necessary roads and infrastructure to serve individual properties in the office park (see Exhibit I for Immediate Opportunity and Local Development capital investment). The primary routes of access to Moss Ridge Road will be Interstate 80 and Iowa Highway 1, both of which are maintained by state and federal agencies, and are in good to excellent condition. The proposed cross section of Moss Ridge Road is 31 feet (back of curb to back of curb) and will include two 12 -foot wide travel lanes and two 4 -foot striped gutters for snow storage. The cross section also includes one 8 -foot sidewalk — our itemized cost estimate quotes a 5 -foot sidewalk — that will tie into the existing 8 -foot sidewalk along Highway 1 that connects crosses Interstate 80 and connects to the entire sidewalk network. The City contracted a trip generation study (see exhibits on following page) to determine what facilities would be necessary to serve automobiles when the Moss Ridge Campus is fully developed. The study indicates approximately 18,011 trips daily (9,005 entering and 9,005 exiting) after full build out. NOTE: the study included trip generation for apartments but the plans no longer include residential uses — it will be primarily professional office with a small amount of support commercial to serve the larger employment base anticipated for the office park. Due to the increases in traffic, Iowa Highway 1 (North Dodge Street) will have capacity added as part of this RISE funded project. The intersection will be signalized and additional turn lanes will be constructed to serve traffic entering and exiting the new roadway.' O n cd ` n �rC M s v � o HR Green, Inc. Traffic Impact Study November 19, 2012 - FINAL - ADDENDUM Proposed Moss Ridge Campus Trip Generation The current Moss Ridge Campus site plan develops the property into 24 individual lots and one area labeled 'Future Development". Land uses anticipated include Office Building/Commercial Space, Retail Space, and Residential Space. The trip generation data from the May 4. 2012 Traffic Impact Study Final Report was revised to account for the revised land uses (see Exhibit 3) and sequencing of parcel build -outs. The trip generation estimates for the entire development are shown in Exhibit 2 with the total trips by development phase shown in Exhibit 3 Exhibit 2 - Moss Ridge Campus Trip Generation YvelppneM Pnaze ba 1 M CaOe a mllatl Ilse Deem lo[ Sae "am Size Pt. oaeniR Uma Tpd Daily T' Daly mih Total AM hat AM leak EntenlR Eared, AMPeak Enterra Eotiai Td, T.m Triin Tiftri Tnpa Tad IMhak M1Peak PM Peak Entenft Wtkst Trp Tripe Trig; 373 1 7W OlDrtlrl V 64W 9,967 M m 230 64 is 9 N la Q Phate3 2 7W offke lark as 366 1,9711 W2 191 ]51 75 67 8 8 9 56 3 7W W.lark L3 4"W Mn 116 216 71 is 8 61 9 S Phafel 4 750 ortbt/Mk 17 37, 0 410 271 211 63 55 7 8 a O F 31 5 211a A, ainnaa6 66 119 790 391 395 61 12 6 U 8 26 6 TSD OH Park W MAW M. 339 M 116 we 13 tl16 N 87 atuxi 7 750 W. Park A7 0.000 _ 47 268 266 W 72 9 A W W 5 7W OFfke Pah l5 Q5.8W 514 ET Sl n 0 a 67 9 _ S 9 750 OR. Pah 37 TIM 413 211 211 63 % l 1 55 8 r, W 820 [enter 37 370W 1589 794 79a 37 23 U 138 6a A Nana Z it 821 5l:oppir- Cmcer 11 310M 1311 666 Erb 31 13 U :16 57 Y1 U eP re w 3? 3�W0 ;503 792 791 37 13 U 138 a A 13 Wo tenter a.T 42,W0 ;809 901 902 Q 25 16 157 T7 W U 1. 750 o(f+¢Pal 1. aIOW afia '31 23a U ii1 3 =' u ' 7W oaexPm a] Q000 m � ato 20 n v e a 9 53 U 7W 9DI¢Paat U 413,11130 BS 24111 266 U 6 a N 9 5 M 3 V 150 o0ln11,att t244M M gal Dai 72 W 8 Q 9 W 0 7W o01¢la! 12 3z= 365 lea 161 8 a fa 7 A )9 TW d11¢ hd 3D 3q®0 M 171 M U 6 6 41 6 3s b 1'SD M.Pak 41 'Mm 4W DI0 20 72 61 8 Q 9 53 Ph.1 21 7W olomlat as 8000 Ste 7U V4 M 73 9 71 t0 A T(!'- 73D off"Pah 38 31000 61 113 217 65 W 7 y 8 a l3 m UR Pah SI QODO JN Ml 240 Tl 6l 8 6z _ 6 53 PlaM3 21 7W atom Part: 2b aixxt 3ID 1W ]W 49 a3 5 n 6 E !m 250 2A L7% M M 139 31 no W M W "etas. 18.311 3.xis 3.Yb _ 3k 3fb �3Q 391 L3al Exhibit 3 - Total Trip Generation by Development Phase Development Phase Total Daily Daily Daily I Total Entering Exiting AM Peak AM Peak AM Peak Entering Exiting Total PM Peak PM Peak PM Peak Entering Exiting Phase 1 7,798 1.399 1,399 479 373 46 3B 51 312 Phase 2 . 9,967 4,9M 4,9Hi i7J6 577 178 a 335 687 Phase 3 18,011 9,005 3.005 1,710 1.344 366 1,9711 591 1.380 N O_ C-)-< rn v *;;o= ::K CD F See maps on following pages Exhibit D Area Map r M 0 R&R EQUITY PARTNERS RiAI ESTA TL RFLATIONSH I f S. To: Karen Howard, City of Iowa City RISE Application Letter From: Brett Bosworth, President of R&R Equity Partners Moss Ridee Campus Office Park: R&R Realty Group is working with the Moss family to master plan and develop a Class A office park on approximately 170 acres located on the NW corner of Highway M1 and I- 80 in Iowa City. R&R Realty Group will target and market the locations to professional office, non - personal service uses, or industrial/manufacturing. The project has been approved by the City of Iowa City and is in the final stages negotiations to begin construction on the access road. This project will be similar to the 4 office parks R&R owns in the western suburbs of Des Moines and will require similar access and infrastructure to be successful. Our strategy over the past 27 years has produced around 3,500,000 square feet of Class A office here in the greater Des Moines market. Limited Options: The Moss Ridge Campus property is really the only viable location in the City of Iowa City that has all the key components to make an office park successful. Those components are as follows; Keys to Success: 1. Parcel Size: To attract quality long term companies you have to have a large enough parcel that can accommodate multiple buildings that offer companies expansion capabilities under a single ownership structure. Moss Ridge Campus would be able to accommodate over 1,000,000 square feet of office property which would attract and house over 5,000 employees. 2. Access: Larger office parks with support retail will require multiple and well located access points in order to accommodate the traffic and movement. R&R has developed all of its projects off of the interstate systems and all have multiple access points in and out of the parks. Companies continue to push their square feet per person down trying to lower their overall real estate costs which will continue to push the need for good access and multiple ingress/egress points. 3. Timing: When a business tenant is ready to make a commitment we must to be in a position to respond with decisions and a building to meet their timeline. Being 'shovel ready" is the key to economic development and having the necessary infrastructure can be costly and prohibitive for most developments. The Moss family has made a substantial financial commitment to date and continues to be willing to fund the development of future office / retail developments. Moss Ridge Campus is the only site in Iowa City that R&R has been able to identify that meets these parameters and we ask that assistance be considered for access by the State of Iowa. N O W elm— C:) IS VK �Pw O r Moss Ridee Campus Office Park: R&R Realty Group is working with the Moss family to master plan and develop a Class A office park on approximately 170 acres located on the NW corner of Highway M1 and I- 80 in Iowa City. R&R Realty Group will target and market the locations to professional office, non - personal service uses, or industrial/manufacturing. The project has been approved by the City of Iowa City and is in the final stages negotiations to begin construction on the access road. This project will be similar to the 4 office parks R&R owns in the western suburbs of Des Moines and will require similar access and infrastructure to be successful. Our strategy over the past 27 years has produced around 3,500,000 square feet of Class A office here in the greater Des Moines market. Limited Options: The Moss Ridge Campus property is really the only viable location in the City of Iowa City that has all the key components to make an office park successful. Those components are as follows; Keys to Success: 1. Parcel Size: To attract quality long term companies you have to have a large enough parcel that can accommodate multiple buildings that offer companies expansion capabilities under a single ownership structure. Moss Ridge Campus would be able to accommodate over 1,000,000 square feet of office property which would attract and house over 5,000 employees. 2. Access: Larger office parks with support retail will require multiple and well located access points in order to accommodate the traffic and movement. R&R has developed all of its projects off of the interstate systems and all have multiple access points in and out of the parks. Companies continue to push their square feet per person down trying to lower their overall real estate costs which will continue to push the need for good access and multiple ingress/egress points. 3. Timing: When a business tenant is ready to make a commitment we must to be in a position to respond with decisions and a building to meet their timeline. Being 'shovel ready" is the key to economic development and having the necessary infrastructure can be costly and prohibitive for most developments. The Moss family has made a substantial financial commitment to date and continues to be willing to fund the development of future office / retail developments. Moss Ridge Campus is the only site in Iowa City that R&R has been able to identify that meets these parameters and we ask that assistance be considered for access by the State of Iowa. FILED 2813 JUL 19 PM I= 04 CITY CLERK IOWA CITY. IOWA N L v yC f0 d Q W K t o1 V � � O y�j Y C m Y Y N 0/ N m a` END OF CASE FILE CIVIL PROCESS WORKSHEET 'ON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 �AINTIFF : NATIONWIDE ADVANTAGE MORT( Docket No 13-00063 State I IOWA Vs. Court No EOCV075164 County JOHNSON DEFENDANT: RAY, JEFFRY COLE Ref No Received 01/072013 DEFENDANT: UNKNOWN SPOUSE OF JEFFRY C DEFENDANT: PARTIES IN POSSESSION DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone ELKIN,DAVID R (515)244-3188 315 E 5 ST, DES MOINES, IA 503091916 Name CITY OF IOWA CITY Zone e� Party Type DEFENDANT Phone Fax w Address CITY CLERK 410 E WASHINGTON ST — IOWA CITY IA E -Mail Employer Comments MNI Information -� Race Sex Birth Date AgeHair Height Weight SSN Eyes Skin Notes Documents Document Serve by Date OE PSR Description / Special Instructions ORIGINAL NOTICE AND ❑ ❑ PETITION Service Information Date Time Type Party Relationship Race Sex DOB Location Miles Fee Officer Attempts Log Date Time Notes: Server Notes Date Time Server Notes Printed: Monday, January 07, 2013 Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Nationwide Advantage Mortgage Company, PLAINTIFF V. Jeffry C. Ray, a/k/a Jeffry Cole Ray, Any unknown spouse of Jeffry C. Ray, a/k/a Jeffry Cole Ray, The City of Iowa City, Iowa,4nd Any and all unknown parties in possession of the real estate located at 1111 Clark Ct., Iowa City, Iowa, DEFENDANTS Equity No. EaDi 6_5 l(oy ORIGINAL NOTICE Date Filed: TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name of the attorney for the Plaintiff is David R. Elkin whose address is 315 East 5a' Street, Ste 5, Des Moines, Iowa 50309. The attorney's phone number is (515) 244-3188 and facsimile number is (515) 244-3189. You must serve a motion or answer within 20 days after service of this original notice upon you, and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at (319) 398-3920 ext 1106 Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. (SEAL) CLERK OF'COURTJ Johnson County Courthouse Iowa City, Iowa 52244-2510 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCEtb PRDTECT YOUR INTERESTS a N CC', c m IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Nationwide Advantage Mortgage Company, PLAINTIFF V. Jeffry C. Ray, a/k/a Jeffry Cole Ray, Any unknown spouse of Jeffry C. Ray, a/k/a Jeffry Cole Ray, The City of Iowa City, Iowa, and Any and all unknown parties in possession of the real estate located at 1111 Clark Ct., Iowa City, Iowa, DEFENDANTS NOTICE Equity No.\ / /, % / ��-�' Eqc PETITION FOR FORECLOSURI . i19 9 f OF REAL ESTATE MORTGAGE COG; 9 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. _ r� COMES NOW the Plaintiff and for cause of action against the above-named Defendants states: 1. Plaintiff is a corporation authorized to foreclose mortgages assigned to it. 2. Defendants Jeffry C. Ray, a/k/a Jeffry Cole Ray, any unknown spouse of Jeffry C. Ray, a/k/a Jeffry Cole Ray, and any and all unknown parties in possession of the real estate located at 1111 Clark Ct., Iowa City, Iowa are all individual residents of Johnson County, Iowa. Defendant The City of Iowa City, Iowa is a political subdivision. On or about February 6, 2009, Defendant Jeffry C. Ray, a/k/a Jeffry Cole Ray, executed in writing and delivered to MidWestOne Bank one certain promissory note in the sum of $62,900.00. A copy of said note, marked Exhibit "A" is attached hereto and by this reference incorporated herein and made a part hereof. 4. To secure payment of said promissory note, Defendant Jeffry C. Ray, a/k/a Jeffry Cole Ray, executed and delivered to Mortgage Electronic Registration Systems, Inc. ("MEAS") as nominee for MidWestOne Bank, its successors and assigns, one certain real estate mortgage covering the following described real estate and premises in Johnson County, Iowa, to - wit: The east 60 feet of Lot 39; and also part of Lot 38, described as follows: Beginning at the southeast comer of said Lot 38; thence north 36 feet; thence west 60 feet; thence south 36 feet; thence east 60 feet to the place of beginning, all in the subdivision of a portion of Oakes First and Second Additions to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 1, Page 117, Plat Records of Johnson County, Iowa. Also a right-of-way for driveway over the following: Beginning at a point on the east,line of Clark Street 108 feet south of the northwest corner of Lot 37 of the subdivision of portion of Oakes First and Second Additions to Iowa City, Iowa, according to the 014t thereof recorded in Plat Book 1, Page 117, Plat Records of Johnson County, Iowa = y.a '_ ✓ CD running thence south along the east line of Clark Street 14 feet; thence east parallel with the north line of said Lot 37, 235 feet; thence north parallel with the east line of Clark Street 14 feet; thence west 235 feet to the place of beginning, said driveway to be used in common with the owners of other lots abutting thereon to whom said driveway rights are also conveyed in other deeds, said driveway not to be blocked and to be jointly maintained by the parties entitled to use the same. The North 2 feet of the tract first described above herein, is subject to said driveway rights and locally known as 1111 Clark Ct., Iowa City, Iowa 52240. A copy of said mortgage, marked Exhibit "B" is attached hereto and by this reference incorporated herein and made a part hereof. Said mortgage was filed for record in the office of the Recorder of Johnson County, Iowa on February 18, 2009 in Book 4395, Page 680 of the mortgage records in said office. 5. MidWestOne Bank thereafter endorsed and assigned the Note to Nationwide Advantage Mortgage Company. Mortgage Electronic Registration Systems, Inc. ("MFRS") has also now assigned the Mortgage to Nationwide Advantage Mortgage Company. A copy of the Assignment of Mortgage is attached as Exhibit "C". mortgage. 6. Plaintiff is now the owner and holder of said promissory note and 7. The said promissory note and real estate mortgage are conditioned that if default be made in the payment of said note, or any part thereof, that said promissory note shall, at the option of the legal holder thereof, become at once due and collectible, and principal and,, interest accruing under said promissory note and mortgage now being in default, and all required notices having been given, the Plaintiff hereby elects to and does, declare the entire sum owing - Y thereunder now due and payable. c.� 8. There is now past due and owing to the Plaintiff under and by virtue of said promissory note and mortgage the sum of $58,734.81, together with interest at the rate of 5.75 percent per annum from and after the 1 st day of June, 2012, plus escrow advance of $546.09, accrued late charges of $55.05, MI premium due of $39.84, and miscellaneous fees of $39.00, no part of which has been paid or tendered prior to the commencing of this cause of action. 9. Subsequent to the execution of Plaintiff s mortgage on February 6, 2009, Defendant The City of Iowa City, Iowa obtained a mortgage upon the above described real estate. Said mortgage was filed for record in the office of the Recorder of Johnson County, Iowa on February 23, 2009 in Book 4397, Page 731 of the mortgage records in said office. Said mortgage is junior and inferior to Plaintiffs aforesaid first mortgage note and lien. 10. Plaintiff believes that any unknown spouse of Defendant Jeffry C. Ray, a/k/a Jeffry Cole Ray, may claim some interest in or to the mortgaged property, but the interest of any such spouse is junior and inferior to Plaintiffs aforesaid first mortgage note and lien. 11. Plaintiff reasonably believes that there may be some unknown parties in possession of the mortgaged property who claim some possessory interest therein, but their interests are junior and inferior to Plaintiffs aforesaid first mortgage lien. 12. The lien of Plaintiffs said mortgage is paramount and superior to any, interest in or lien upon the said premises of the Defendants. 13. Plaintiff is entitled to the sum of $800.00 for necessary contip6tioii of the ' abstract of title to the aforesaid premises. CJ Defendants. 14. Plaintiff hereby waives any rights to a deficiency judgment against the WHEREFORE, Plaintiff prays for in rem judgment against the Defendant Jeffry C. Ray, a/k/a Jeffry Cole Ray, in the sum of $58,734.81, together with interest at the rate of 5.75 percent per annum from and after the 1st day of June, 2012, plus escrow advance of $546.09, accrued late charges of $55.05, MI premium due of $39.84, and miscellaneous fees of $39.00, and for the sum of $800.00 for necessary continuation of the abstract and for the costs of this action, including reasonable attorney fees; and Plaintiff prays that said judgment be decreed to be the first lien upon said mortgaged premises from and after the date of the execution of said mortgage, to -wit: February 6, 2009; that the lien upon, or interest in, said mortgaged premises of the Defendants be decreed to be junior and inferior to that of Plaintiffs mortgage; that a Special Execution issue for the sale of said mortgaged premises, or so much thereof as may be necessary to satisfy said judgment, with interest and costs. Plaintiff further prays that the Court adjudge and decree that if any part of said mortgaged premises be sold that a Sheriffs Deed issue to the purchaser thereof. Plaintiff further prays for such other relief as to the Court seems just and equitable in the premises. i David R. Elkin AT0002301 Suite Five 315 East Fifth Street Des Moines, Iowa 50309 Telephone (515) 244-3188 = �- Email: dave@elkin-law.com ATTORNEY FOR PLAINTIFF = r l.J ATTORNEY FEE AFFIDAVIT STATE OF IOWA ) ) ss. COUNTY OF POLK ) I, David R. Elldn, being first duly sworn on oath depose and state that I am a duly licensed and practicing attorney at law in the City of Des Moines, Polk County, Iowa, and I am the attorney for the Plaintiff above named; that there has been and is no agreement, express or implied, between me and any other person, except a practicing attorney engaged with me as an attorney in this cause, for any division or sharing of the fee to be taxed herein, which fee when taxed, shall be as compensation for services actually rendered in this cause. David R. Elldn Subscribed and sworn to before me, a Notary Public in and for the State of Iowa by�t�e said David R. Elkin this 30th day of October, 2012. J Notary Public Febrsury 6, 2009 [Due] Inremnfora interest, to the ordi NOT*L m1N: 100010200031700356 Iowa city Iowa [City) [State] 1111 Clark Ct Iowa City IA 52240 [Property Address] PAY. ee&l pmisam DevU.S.S 62300.00. (this amountiscalled'Trincipaf),plm TheIedder I willmike all payments under this Note in the, fpm of cash, tLeck or money order. I understand.that the leodu maylrmsfer this Nom. TheUnder or anyone who taken this Note bytransfer and who is enti0ed to receive payments under this Note is called the "Note Holder." 2. INTEREST Inmmt will be charged on unpaid principal until the full amount dPrincipal has been paid I will pay interest at a yearlyrate of 5.950%. ThemWestrate required by this Section 2 is the rate I will pay both before and after mydefault described in Section 6(B) oflhis Note. 3. PAYMENTS (A) Time and Place of Payments I willpay principal andmterest by making a payment everymonth. I will make my monthly payment on the r N day of each month beginning on April 1st 2009 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that may owe under this Note. Each monthly payment will be applied as of its scheduled due data and will be applied to interest before Principal. li on March 1st . 2039 . Isdlloweamomtsundertbu Note.Iwm7lpaylhmeamomtsinfull on that date, which is called the "Maturity Dam." I will make my monthly payments at 325 S Clinton Street PO Box 1700 Iowa City. IA 52240 or at a different place if required by the Nom Holder. (B) Amount of Monthly Payments My n.thly pavment will be in the amount of U.S. $ 367.07 4. BORT I have are due. A symcat of Principal only is known as a ig thatl am doing so. Imaynot designate apaymentss r Preoavmmnt charge. The Note Holder will use my Prepayments mremrce me amomrmriivapw...0.a.,.. ,,,.,.". ..............----_,..__._.____ ^..,.� --. accrued and -aid iamrest on the Prepaymwtamountbrfore aPPlYi°B myPrepnymentm mdua ttiePrmnp embvnt the Nae. If , Imake apartialPrepaymen[, erewill be no changes to the due dam m an the amountofmymonypayment unless theNoteHolder agrees in venting d those changes. _ _t 5. LOAN CHARGES , Ice law, which applies m Wis loan and which sets maximum loan charge, isfinally mrcrprated so that Ne imerut or other baa charges ollected or m he collected ion omection with this lova ezresd the permrtted hmr'ts1 stem (a) any such loan charBc sMBbe. .� reducrrl by the amoout aecesaary m reduce the charge m the permitted IimiC and (b) nay sums already o0ecrrd`from mewideh i exceeded permitted limib will be refimdedmme. The Nom Bolder may chooum msketbrsre[und hyreducing the PrincipalIowe under this Nom or by making a direct payment m me. I a retrad reduces Principal. the reduction will be Heated as a paroal Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED. (A) Late Charge for Overdue Payments If the Nom Holder has not received the full amount of any monthly payment by the and of 5.0 s calendar days the date it is due, Iwill pay a lam charge b the Nom Holder. he amount of the charge will be Yoverdue a tof principal and interaL - I will pay this lam charge promptly but only once on each late payment. Default i not pay the full amount of each monthly payment on the dam it is due, I will be in defaulL dam,tlw Nom Hol der mayrequue mempay„+'^^^ ••••yore+v.+0s..+,,,..—_____ we m that amomL That dam the at leas[ 30 days aftcr the date ono whch the ono is mailed to roe ar delivered byodrer mesas. (D) 'o Waiver By Note Holder Even if, u n time when I am b default. lbe Nom Iioldv does not require me m pay immed;Mely m full as desenbed above, the Nom Holder will still have the tight m do so if I am in default at a later time. (E) Payment of Nate Holder's Costs and Expenses Tf the Nom Holder hu required me opal immedramlY in as described above, the Nom Holder will have the tight . be paid back by a for all ld its costs and expemes m cnforcmg this Nom to the extent not prohibited by applicable law. Those ezpemes tpcluda, for example, reasmable attorneys' fees. 7. GIVING Gi<Nvrat;ru . Up' as anynodce that mustbe givenmmesinder this Nom willbe vobydctivering it or by�lijipgu�y' 4tslFllass lluit m me aI?bePmperty Address above or ua dsfrerem address ifI give tbeNomldu a notim of mydtfferapt.adtlre4z�lFCC day noge6:dut , ussl7e gt%w fon: theNom Holder oder this Nom will be given by delivering it or by mailing it bYSrst class mail to the Nom Htll,?3[dtest'a{albdm gretlon 3(A)abovema[ndiHerentaddress sfIam gtvw ano[ice of thn[dtHerwteddress. S. OBLICArF1O ORYER§ONS UNDER THIS NOTB I more than one person signs this Nam, each person is fully apd personally obligated m keep ell of lb<promises made m this Note, including the promrse m pay the full amount owed Any person who is a guarenbr, surety m endorses of this Nom is also MIIL915T/.]n P1YFFD 6A'rE NO'[1:r6ieak FF+mll>`rua4MWFrtddle Mae VNn+(1RM plS[RI]MLMT R.3m9 Lallyare100y0rery 96l].CV (aaq 927165M12 Cmttw ThUdn•tae Exhibit A aprntam.Rray ohlisatedbdo these things. Aaypers'I who takes over these obligations, including the obligations ofaguarantor,smerymendorser of this Note, is also obligated m keep all ofthe premises made in this Note. The Note Holder may enforce its rights under this Note againstea personindividuallyoragainstallofustogether. This means thatanyone of us mayberequired topayall oftheamounts owed under this Note. 9. WAIVERS I and any otherpperson who bas obliggations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment"means therightm require the NoteHolder to demand paymentofamounts due. 'Notice ofDishonor" means the right tor equve the Note:Holder to -give notice to other persons that ==is due have not been paid S0. MORM.SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdietiom. In addition to the pretentious @vento the Note Holder Hader this Note, s Mortgage, Deed of Trusts or Security Decd (the "Security Instrument'), dated the same date as fids Note, otects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That ,.;n,T„cM„ue"t decmhea hnw and under what conditions I may be required to make immediate Payment in full of all amounts I a naturalperson and a consent. lender may l However. this option s IlTF further notice or demand on 1501713wer. WITNESS THEHAND(S) AND SEAI.(S) OF THE UNDERSIGNED. o d/l' (Seal) ftfwd' Jeffry Ray (Seal) (Seal) Bmmwe WITHOUT RECOURSE PAR TO THEORDER OF [Sign Original Only] Nationwide Advantage Mortgage Company On this 6th day of Febr, ary 2009 Ly MidWestOne Bank Peggy J DoeikK VicePfcsident WE CERTIFYTHE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL MldWestOne Bank IOWA CITY; IOWA MgL=k71E F. R.lm N01F. j.zle 31N ddle ai. U?MFORM mSCRI1MWrr F.. 32H 1,910u02 qr2 Fos-) 9147.CV(6d18) 152226-52x12 Cmfl eThia1ieg'Inc. GorO(COMbrIo ror�a� . .. �. - �mnnmammnnmmmmmmm,mw PM BK4395 Po680.688 [Space above reserved for Recorder of Deeds certification] Prepared By: Kelly L Black MldWestOne Bank 325 S Clinton Street PO Box 1700 Iowa City, IA 52240 (319) 356.5960 When Recorded Return To: M1dWestOne Bank 325 S Clinton Street PO Boz 1700 Iowa City, IA. 52240 1. Title ofDocoment MORTGAGE 2. Grnntor(s): Jeffry C Ray, a single person 3. Grantee(s): MidWestOne Bank _ . I 4. SntuWy Mailing Address(s): 325 S Clinton Street PO Box 1700 Iowa City, IA 52240 5. Legal Description: Page/Cl 6. Parcel Identification Number: 1014226022 7. Document or Instrmnent#: 12137.CV(Vo) 4R 52o1x hp 1 of9 Exhibit B cOmmoa0567 0 E PURCHASE MONEY MORTGAGE MORTGAGE MIN: 100010200031700356 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11,13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument' mens this document, which is dated February 6th 2,009 , togetherwith all Riders to this document (B) 'Borrower" is Jeffry C Ray, a single Person Borrower is the mortgagor under this Security Instrument (C) "MEAS" is MortgagcElectronic Registration Systems, Ina MERS is a separate corporation that is acting solely As a nominee for Lender and lender's successors and Assigns. MERS is the mortgagee under this Security InstrurnmL MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679 -MFRS. (D) "Under" is MidWestOgBurl, - -_ Lader Iander's address is 325 S Clinton boron ru no. a rou .own ..,... —, (E) "Note" means the promissory note signed by Borrower and dated February 6th 2009 , The Note states that Borrower owes lender Sixty Two Thousand Nine Hundred and 00/100 Dollars(U.S. $ 6290000 ) plus interest Borrower has promised An pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1. 2039 (F) 'Property" means the property that is described below under the heading'Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and Into charges due under the Note, and all sums due under this Security Instrument, plus interest I ' (H) "Riders" means all Riders to this Seeurityfnstmment thatare executed byBomower. The following Riders note be. executed by Borrower [check box As applicable): ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s)(specify) ❑ 1.4Family Rider ❑ Biweekly Payment Rider (I) "Applicable Lard' means all controlling applicable federal, state and local statutes, regulations, ordinances and administrativerulas and orders (thathave the effect of law) As well As all applimblefinal, non-appealablejudicial opinions. (J) "Community Association Dun, Fees, and Assessments" means all dun, few, Assessments alldothercharges thatut imposed on Borrower or the Property by a condominium Association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument computer, or magnetic tape son to order,instruct, or authorize afinancial institution to debit or credit an account Such term includes, butis notlimited to, point -of --sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Bscrow Items" means those Items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property. (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions As to, the value and/or condition of the Property. (N) oMortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) 'Periodic Payment' means the regularlyscheduled amount due for (i) principal and inrerestunder the Note, plus (ii) any amounts under Section 3 of this Security Instrument ' (P) oR.ESPA" moans the Real Estate SudamenlProcedures Act (12 U.S.C. $2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), As they mightbe amended from time to time, or any additional or successor legislation or repletion that governs the atone subject matter. As used in this Security lns WmenW?.ESPA" refers to all requirements and restrictions that are imposed in regard to a "Federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RFSPA. (Q) "Successor in Interest of Borrowed' mens any party that has taken title to the Property, whether or not that party has Assumed Borrower's obligations under the Note and/or this Security.Instrument .. TRANSFER OF RIGHTS IN THE PROPERTY This Seeritylnstrummtsecures tolender: (i)the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) the performance ofBorrower's covenants and agreements under this SecurityInstrumemand the Note. For this purpose. Borrower irrevocably mortgages, grants and conveys to KERS (solely As nominee for Lender and lender's IOWA-Siuele Fudly-FanNe MaNFrtddie MU UNIFORM INSTRUMENT (WIRES) F..3016 1/01 (paae2-f9paru) 12411.Cy(bap 45=26-52012 OOTO(00 n 756) successors and assigns) and to the successors and assigns of ivMS, the following described property located in the County of Johnson [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Exhibit "A" which currently has the address of 1111 Clark Ct [Sheer] Iowa City ,Iowa 52240 ('Property Address"): 1CitY] [tip Cade] TOGETHM WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fizmm now m hereafter a part of the property. All replacements and additions shhall also be coveredby Us Security Instrument All of the foregoing Is referred m in this Securityry Instrument as the "Prop Borrower understands and agrees that lvlERS holds only le title to the interests grentedbyBGrrower in this SecuritylnsWmer but, if necessarym cemDly with law or custom, Iv1)a12S (as nominee forLm&r and lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and wavey the Property and that the Property is unwwmberedn except for encumbrances of record. Borrower warrants and will defend gcnerelly the title to the Property against all dornn ms and demands, subject to my encumbrances of record, THIS SECURITYINSTRUMI NT combines uniform covenants for national use and non-uniform covenants with limited variations byjarisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lander covenant and Fee as follows: 1. Payment of Principal, Interest, Esvow Items, Prepayment Charges, and Iate Charges. Borrower shalt pay when due the principal of, and interest on, the debt evidenced?y the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this SecurityInstrument shall be made in U.S. currency. However, if an heck or other instrumentreceived by Lender as payment undo the Note or this Sectniry Instmmw[ is returned m lander unpaid, Lender rtesy require that any or all subsequent payments due undo the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (e) cash; @) money order, (e) certified check, bank check treasurer's check or cazhiv's check, provided any such check is drawn upon an insbmtion whose deposits are insured by a federal agency, inswmentality, or entity; or (d) Electronic Funds Transfer. Paymmis are deemed raceived by lander when received at the location designated in the Note or at such other location u may be designated by lander in nwaid.. with the notice provisions m Section 15. Lendar may return any If Borrower does not do so within a reasonable period of time, lander shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Nomimmediately vrior m fineclosum. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making aymens due under the Note and this Security Instrument or performing the covenants and agreements secured by dus Security I strummIL L Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lander shall be applied in the following order of priority: (a) interest due under the Nom: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall applied to each Periodic Payment in the ordain which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under receives a payment from Borrower for a rite due, the payment may be applied to Payments if, and to the extent that each pa ent cal applied to thefull payment of one or more Periodic ] prepayments shall be applied first to any prcpayme Any application of payments, msuran shall not extend or postpone the due date, or chang 3. Fundsfnr9crowltems. Borrowusl until the Note is Said in full, a sum (the "Funds") to otheritems which can attain priority over this Secu IOWA -Single Family -Fantle MaNFrtddk Mac UNIFORM P16lRn) Iarr Ial37.CV(Ien 45A gala to the repayment of the Periodic excess exists after the payment is many tate charges due. Voluntary Note. Is to principal due under the Note S. ayments are due under the Nos, )r: (a) taxes and assessments and ce on the Property; (b) leasehold (MEM) Fmm]016 1XI ipoae 3 e9 pager) GOTOf0 lS4) 0 a payments or ground rents on the Property, Reny; (e) premiums for any and all insurance required hylsnder under Section 5; end(d)MorlgapeInsurance premiums, tfflny, or any Gums payablebyBorrower Nl<nderin lieu the,payintmofMortgage Insurance prermumsin accordance with theprovisions of Section 10. The items are called "Escrow Items- Atoriginadon or at anytime during the term of theIufln, lander mayrequirc that CommunityAssmiation Duu, Feu, and Assessments, if any, be "crowed by Borrow", end such deer, feu and assessments shall be an Escrow Item. Borrower shall promptly tumuh toLendu all ratites of amounta to bepaid undo this Section. Borrower shall pay Lender the FundsforacrowItena unless lender waive Borrower's obligation top ay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay a Lender Funds for any or all Escrow Items at any time. Any such waive may onlyy be in writingg. In the even[ ofsere-- waiver, Bonowu shall ppay directly, when and where payable, the amounts due for anyFscrow Itaom forwhich payment ofPunda has been waived by lender and, If Lender require, shall furnish to Lender receipts evidencing such paymcnl within such time period a Lender may require. Bonowa's obligation to make such payments and to provide runpta shall for all purpose be deemed to be a covenant and agreement mntamed in this Securirylnstr unt nq u thephase "covenantandaglreemenl' isused in Section9. Ifliamweris obligaled to payEserow Items directly, pursuant to a weever, and Borrower fads to Pay the amount due for an Escrow Item, Lend. ma exercise its nghts undo echon 9 and pay such amount and Borrow" shall then be obligated under Section 9 N repay to er any such unount Lender may revoke the waiver as [o an or all Eavow Items at any bine by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay N Lender all Funds, find in such amounts, that are then rrrqq�ired under this Section 3. sander may, at any time, collect and hold Funds In an amount (e) auficient a pemdtIsnda to applypAe Funds e` the dine specified undo _ PA, and @) no[ to exceed the maximum amount n lender can «gain end. RREESS shall estimate the amount oFFunds due on the basis of torten[ data and reasonable estimates ofupcnditine ofNNreEscrow Items or odluwise In accordance with Applicable law. The Funds sIt be held in an insoNtian whose depr its are insured by a federal agency, insWmentality, or entity (indudingLender, ifLendu is an instiNtlon whose deposits are so insured) or in anyyFederal HomeLoanBank Lendershall A the Funds Npay the EscrowItems rte la ter than hA A As pecified under RESPA. Lender shall not charge Borrower for holding end applying the Funds, annually analyzing the eaow Account. or verifying the Escrow Items, unless Lender P. Bartow" LntP on the Funds and Applicable law pumps ]ander N make each n charge. Unless an agreement is made in writing or Applicable law require Interest to be paid on the Funds, Ianda shall not be required N payBortower any intaetveAminas on the Fund s. Borrower and Lend"can agree in writing, howevv,thatinterestshall cpaid on the Funds. Lender shall give to Borrower, without charge, an annual accountingg of the Funds As required byREBPA. If there is a surplus of Funds held in "vow, as defined under RESPA. Lander shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, ns defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall Pay to Lender the amount necessary to make up the shortage in accordance with RPSPA, but in no mare tlun 12 month y payments. If there is a deficiency, of Funds held in avow, as defined undaRESPA, Lender shall notifyBorrower As erquued byRFSPA, and Bvrrowerahall payytmolendu the amount necesUposary paymentlin full of althe l sulms sryeclured by this te with RMSecuritylnsPwmen[,Lander shallA, but in no more 12 Funds held by lander. 4. Charges; Liens.. Borrower shall pay ell taxes, assessments, charges, finer, and impositions attributable to the Property which can attain priority ova this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Duu,Feu, and Assessments. ifany. To the extent that there items= E& ow Ilems.Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agree in welting N the payment of the obliggation secured by the hen in a manna acceptable to Sander, but only so long as Borrower u performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in lender's opinion operate to prevent the enforcement of the lien while those proceedings aro pending, but onlly until such proceedings are concluded; or (c secure from the holder Gfthe lien an agreeirien[satisfactoryN Lender subordinating the lien N this Security Instrument if -.ender detamdnu that anypnrt of the Property rs subject to e lion which can attain priority ova this Secunrylnstrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisry the lien or take one or more of the Actions set forth above In this Section 4. Lender may require Borrower to pay a one-time charge for areal urate tax verification and/or reporfing,service - used by Lender in connection with this Loan. 5. Property Insurance. Harrower shall keep the improvements now existing or hereafter vetted a) the Property insured against loss by fire, hazards included within the term"extended coverage,"And any other hazards including, butnot - limitedto, earthquake =it floods, for which lender regmres insurance. This insurance shall be maintained in the amounts (including deductible levels) and for me periods that lender requires. What Lender requires pursuant to the preceding term of _ sentences can change durinf the tethe Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender a right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Letitia may require Borrower to pay, in connection with this Loan, either. (a) a one -Oma charge for flood fdne ' determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible car the payment of any fees imposed by the Federal Emergency Management Agencyin connection with thereview ofmyflood zone determination resultingfrom an objection � by Borrow.. If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance coverage, At Lender's opption and Borrower's expense. Lender is under no obligation a Purchase any particular type or amount of coverage. TTerefare, such coverage shall Cover lander, but mighty mlphtnotproteetBorruwer, Borrower's equity in the Property, or the contents of the Property, Against soy risk, hazard or liability and might provide greater or luso coverage than was previously in effect. Borrower acknowledges that the cost of the insulanm, coverage so obtained mightsignifimnd exceed me coat ofiisurance metBorrower could have obtained. Anyamountsdisbursedby Ienderunderthis Secoon5shall become additional debt ofBorrower secured by this Securirylostrument. Thee amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon nodce from lender to Borrower requesting payment Ali insurance policies required by Lend. and renewals of such policies shall be subject to Lender's right a disapprove such policies, shall include a standard mortgage claus0. And shall more Lander u mrtgagee and/or As an additional losspayee. Lender shall have the right a te hold Ne policies and renewal certifies= If]andu rcqu'uu, Borrower shall promptly give N Lendu all local is ofpaid premiums and renewal nofices. IfBorrowerobtainsenyform om finsunco coverage, not otherwise required byUnder, f. damage to, or destruction of, the Property, such policy shall include a standard mortgage clause And shall name Iandu As mortgagee and/or a an additional loss payee. Lender maymal c proof In the event Df Loss, Borrower shall giveprompt notice N the insurance carrier and of loss if not made promptly byBorrowu. Unius Lender and Borrow" otherwise agree in writing, any imsurenttPrarads, whether or not the underlying insurance was required bylander, shall be applied to restoration v repair of the Property, if the rutoredop uric is economically kasible and Lender's t such security is not lessened. During such repair and restorstion period, Isnder chat- have the right to hold such lnsurence pracceda until Lander ded Nat au h intas had an o ecc-n shall be u^to dAr 1p n Property to ensure the work has been comppleted N Lender's sabs6w on, p P promptly. land" may disburse pproceeds for the repairs and resNrstion m a single payment or in a seri" ce progress payments es the work la �omple[ed. Ural A an agreement is made in wridng or App 'a 1claw requireal I-tro bepaid on such insurance proceeds, lander shall Iwtbe required to payBorrower any interest or earnings on such proceeds. Feu for public adjusters, or oma third pard", retained byBortewer shall not bepaid out of Ae insurance proceeds, and shall be the sole obligation of Bortowa. If the rutvait or repair is not economically feasible or Londer,a su:unty would be IOWA -Single Fxt1l,-FAANe MaA,eddle Mu UMFORM niMUM17C (hfgPS) Fmm3016 t/AI fPPSra^ice pedes) 12427.CV(IAa) 452226-52Al2 GOTCOAU r56) lessened, the insurance proceeds shall be applied to the sums secured by this Securityinctrt with the excess, if any, Paid to Borrower. Such insurance pproceeds shall be applied m the r If Borrower abandons theProoerty. Lendu may file. negotiate and settle anv avails the Instrument. whether or not then due. 6. Occupancy. Borrower 60 days after the execution of this Si N s ts residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing In value due to Its condition. Unless it is determined Pursuant inSection 5 that repair or restoration is not economicallyfeasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid In connection with damage to, or the taking of, the Property,Borrowershall be re onsible for repairing or restoring the Property only if Lander has released proceeds for such purposes. Lander may durse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed If the insurance or condemnation proceeds are not sufficient to repair or restom the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent maymake reasonableentries upon and inspections of the Property, If it has reasonable cause. Lander may inspect the interior of the im� ppr�ovements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection apecing such reasonable causes misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited in, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9 Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) them is a legal proceeding that might srgnifican0yaffectLender's interest in the Propertyand/or rights under this Secuntylnswment(such as a proceedinS in bankruptcy, probate, for condemnation or forfeiNre, for enforcement of a lien which tray attain priority over this Secunry Ins W meat or ro enforce laws or mguladons), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropnate m pprotect Lender's interest in the Property and rights under this Security Inatrumen4 including protecting and/or assessing tiie value of the Property, and securing and/or repairing the Property. Isnder'a actions can include, but are not limited ro: (a) paying any sums secured by a lien which has priority over this Se<unry Iia me oq @) appearing in court: and (c) paying reasonable attorneys' fees ro protect its interest in the Property andtor rights under this Security Instrumen4 including its secured position in a bankruptcy proceeding. Securing The Property includes, but is no[ limited to, enteringg the Property to make repairs, change locks, replace or board up doors and windows, drain water froinpipis, tho ithembuildingor other code violations ordangeroucconditions, and haveutigtim tamed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed thatlenderincurs no liabilityfor not taking any or all actions authorized under this Section 9. Any amounts disbursed by lander under this Section 9 shall become additional debt ofBorrower secured by this Security Instrument These amounts shall beer interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requestin payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. IfBorrower acquires fee title to the Property, the leasehold and the fee title shall no[ mage unless lander agrees In the megor in winning 10..Mortgage Insurance. If Iendv required Mortgage Insurance u a condition of making thelosn, Borrower shell pay the premiums required to maintain the Mortgage Insurance in effect. V, for any reason, the Mmtgage Insurance coverage required byLender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required N obtain coverage substantially equivalent to the Mortgagelnsurariceprcvionslyineffect, at a cost substanbelly equivalent to the cost ro Botrawer of the Mortnge Insurance perviously m effect, from an alternate ceased to be in effect. Lander will accept, use and retain Nue payments as a non -mi naable loss reserve m ueu oft iortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimamlpaid in full, and Lander shall not be rad in peyBortowerany interest or earnings on such loss reserve. Landercen no ongerrequireloss reserve oavments if Mortgage Insurance coverage (in the amount and for the period that Lander requires) provided by an oviding for such teration or until u rtnination is required by Applicable Law. Nothing in this Section 10 affects prmin Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a Party to the Mortgage Insurance. Mortgage insurer evaluate then total risk on all such Insurance in force from time to time, and may enter into agreements with other parties thatsham or modify their risk, orreduce losses. These agreements we on tenser and conditions that ere satisfactory to the mortgage insurer and the other parry (or arties) to these agreements. These agreements may rcyyuire the mortgage insurer to snake payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from ortgage Insurance premiums). - Asa result of these agreements, Lender, any purchaser of the Note, another insurer, anyminsurer, anyy other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying t)ie mortgage insurer's risk, or reducing losses, f ouch agreement provides that an affiliate of Lender takes a share of the insurer s risk in exchange for a sham of the premiums paid to the insurer, the arrangement is often termed "captive ry cn cs �- 1 --'- reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgagis Insurance, or any other terms of the om. Such agreements will not increase the amount Borrower will oweior Mortgage Insurance, and they will not entitle Borrower to any refund. L - _ yy IOWA-Sin,k Family-Famils Mer/Freddie Mee UmFORM WSFRUMEW (MEAS) Farm3016 Vol(pare5gr9,ra) I3a3r.CV Ilan 1S_336 -Stall - GOTO Wer 756l AOL An %V 110 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment ofMiseeilaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigned to and shall be paid to Lender, IftheProperty is damaged, such hBacellaneous Proceedsshall is applied torestoration orrepair ofndrutoerty,n the resNration or repassueconomically fessible and Lender's stcunryunot lessened. During such repair and specs such period, Landis shell have Ne rightm hold such Miscellaneous Proceedsuntil Lander has had an opportunity to undertaken Property m ensure the work hes been completed m Lender's sedafaedisb provided r ina series inspection shell ay undertaken promptly. lender maypayfor therepaira andrestoration in asingle Ap liable wins striaofprogress payments as the work Ice completed. Unless an agreement is made in writing or Applicable Law requires imams to be pend la such MLscellaneous Proceeds, Iendu shall not be required m pay Borrower any Interest or would lea on such Miscellaneous Proceeds. Iftherestoration or repair is no[erononucallyfeacibI orlendu'asecuri or not emus, with theMscellancous ss, Proceeds shall be applied to Ne sums secured by Nis Securityle Wment, whether or not Nen due, with Ne excess, if any, paid N Borrower. Such Miscellaneous Proceeds shell be applied in ro order provided forinSection2. e In Ne even[ of a to a ak ng des Wcdon, or loss in value of the Property, the ex cellaneo y Proceeds shall be applied run sums t of a partial this Security Instrument, whetherornot then due, vnNNeexcess, ifany,paid to Borrower. In Ne even[ of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediatelybefore the partial taking, destruction, or loss in value is equal tow genter than the amount ofthe sums secured byNis Securitylastrument immediately before the arlial taking,dutrucdon, or loss in value, unless Bortowcrand Lender otherwise agree In writing, the sums Secured by Nis Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the followingfraction: (a) the total amount of the sums secured immediatelybefore the partial taking, destruction, or loss in value divided byy (b) thefeir market value of the Property immediatelybef m, thepartial taking, destruction, or loss in value. Any balance ahall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Prouty in which the fair market value of the Property immediate)y before the partial taking, destruction, loss in value is 'as Nms an the amount of the susecured immediately before the partial taking, destruction, or loss in value, unless Bortowu and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured bythis Security Instrument whmthff or not the sums are than due If h e Properly rs abandoned by Borrower, or o after notice by r dam" to , Borrower that the Opposing Party (es defined 0 the next sentence) offers m make n, award to settle i claim for ct a 11a , Borrower fans a respond to Lender within30after the date the notice is given, Lander is securidbtocollectand applythent, whether oProceeds due. In restoration ty repair of the Property a m the sums secured by this Security Instrument, whether or not Nen due. "OpposingParty' means the thud pput[t'y that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in regard m Miscme%mcout Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in NePropertyorrights under NlsSuuriry Instrument Bonowermn curt such a defaultand, if acceleration has occurred. reinstateurovndedm Secdonl9,by esusing theactionorproceedingto be dismissed with aruling that, in Lender'sjudgment, precludes forfeiture ofthe Properryor oNor material impartment ofLender's interest in the Property w rights under this Security Instrument The roceeds of any award or claim for damages that are attributable to the impafrmmnt of Lender's interest in the Property ere Rereby Siugned and shall be paid to Lender. All Mucelleneous Procat& that are not applied to restoration or repair of the Property shall be applied in theorder provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pnyment or modification ofemordration of the soma secured bythis Securitylnstrument granted bylenderto Bortoweror anySuccessor in Interest of Borrower shall not operate to mime the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest ofBorrower or to refuse to extend fime for payment or otherwise modify amortization of the sums secured by this SecurityInstrumntbyreason of anydemand made by the original Borrower or any Successors in Interest ofBornower. An forbwm=byLenduinm=isingmyright or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts las than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;( -'o -signers; Successors and Assigns Bound. Borrowercovenants and agrees that Borrower's obligations and liability shall bajomt and several. However, any Bortowu who co-signs this Security Instrumcntbut does not execute the Note (1"c Slper'j:(a) is co-signinggthis SecuityIitstrument only to mortggage,grant and conveythe co-signer's interest in the Property under the terms of this Securitylnstrurnent (b) is notpersonallyobllgurd to pay the sums secured by this Security Instrument; and (c) aees that Under and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard m thgre terms of this Securotylnstiument or the Note without theca Signa a consent Subject to the provisions of Section 18, any Successor in Interest ofBormwer whoassumes Borrowers obligations under this SecurityInstrument in writing, and is approved by Lender, shall obtain all of Borrower's rights andbenefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lander. 19. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Secutity Instrument, including, but not firrited to, attorneys' feu, property inspection and valuation ttUs. In regard in any other feu, the absence of express v authority in this Security Instrument to charge a specific in to Borrower shall not be construed u ■ prohibition on the �--� chrgingofsuchfee. Lender may not charge fees thatam expressly prohibited by this Security Instrument a by Applicable ..s Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted to that the < _ interest or other loan charges collected or to be collected in connection with the Iran exceed the permitted limieh:,(1) anysuch loan charge shall be reduced by the amount necessary to reduce the charge N the permitted limit: and (b SUM aheadyycollected from Bortowu which exceeded permitted limits will berethndmdtoBorrowe. Lendermaychoese make I Nis rcPond by iodating Ne principalowed undo Ne Notc or by making a direct payment toBorrower. Ifarcfuiidreduces 1.0 1' principal, Ne reduction will be treated esapartiel prepaymentwithout Anyprepaymant charge(whether or not aprepsyhleIII ,:� charge s provided for undo Ne Note). Bortoww'a acceptance of anysuch refund made by direct payment to Bortowu will .� constitute a waiver of any right of action Bortowu might have arising out of such overcharge. _: _ 15. Notices. Ail notices given by Bortowu of lender in connection with this Security Instrument must be in writing. Anynoficeto Borrower in connection wrath Nic Security instrument shall be deemed to have beta giventoBorroW77 when rtut1W byfint class mail or when actually delivered m Borrower's notice address if sent by other means. Notice to any'. one Bortowu shall constitute nods to all Bomowcrs unless Applicable law expressly requires otherwise. The nutie¢> address shell be Ne Property Address unless Borrower has designated a substitute notice address by nod= N Lender-- BortowushallpromptlynotityLenduofBorrowu'a change of address. If tender specifies a procedure for reporting Borrower's change of address, Nen Bortowu shall oralyy report a change of address through that specified procedure. Thum maybe only one designated notice address undo this Stcurltylnstrummnt at anyone time. Any notice to Lender shall IOWA -Single Famny-Fannla hf./T eldle Mac Ut ORM OSrRUMSNT a4ERS) F0m3016 LAI(pafaenf9poaa) IUV.OVtIaB) /52r1651a13 GOTONOLcr3,n 2 be given by delivering it or byy mailing it by first class mail to Lender's address stated herein unless Lander has designated =91i by to Bmmwe. Any notice in connection with this Securityinsbument shall not be deemed to have been given to lander until actually received by Lend". If any notice required by this Securitylnstrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this agunst aggrreement by contract, In the event that any provision or clause of this Securirylnstrument or the Noteconflicts with Ayypliceble Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given efrect without the conflicting provision. As used in this Secuntylrutrument: (a) winds of the masculine gender shall mean and includecmmsponding muter words or words of the feminine gender; @) words in the singular shall mean and include the plural and via versa; and (c) the word "may' gives solo discretion without any obliggaetion to take any action. 17. Borrower's Copp y. Borrower shall be ivm one copy of the Note and of this Security Instrument 18. Tmnsferofthe Prdpertyora Beneficial Interestin Borrower, As used in this Section 18, "Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreemen4 the intent of which is the transfer of title by Borrower at a future data to a purchase. If all or anyypart of lheProparty or anyInteu[ in thepropertyis sold or transferred (or if Bortowu is not a natural person and a banefinal interest in Bonower u sold u transferred) without Lender's prior written consent, lander may require immediate pa ant in full of all sums soured b this Suurity Instrument However, this option shell not be exercised byy Lender if such ex"ase a prohibited by Applicable Law. Iflsnder exerciser this option, Land" giveBorrowunotimofacceluetion. Thenoticeshall provide aperiod of not less than 30 days from the date the notice is given ha accordance with Section 15 within which Borrower must pay all sums secured by this Security In IfBMm_, fails to pay these sums prior to the expiration of this period, lander may invoke any remedies permitted by this Securirylnstruin without further notice or demand on Borrower. 19. Borrower's Right to Reinstate ARer Acceleration. If Borrower meets certain conditions, Bortowu shall have the right to have enforecmcnt of this SecurityInErrant discontinued at anytime prior to the earliest of. (a) five days before sale of the Properly pursuant [o any pow" of sale conta)ned in this Security Instrument; (b) such other period as Aemlieablalaw might soecifv for the (ermlMI on of Borrower's right to reinstate; orto) entry of ejudgment enforcing this nyother covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, Including, but= ited to, reasonable attorneys' feu, property ins action and valuation fees, and other fees incurred for the purpose of (acting lender's interest in the Property and rights under this Security Instrument, and (d) takes such ncbon as lender y reasonably require m insure that Lantern mteret in the Property and rights undo this Security Inswmen4 end -rower's obligation a pay the sums secured by this Security Inatrumen4 shall continue unchanged. Lender may require t Borrow" pay such reinstatement sums and expenses in one or more of the following forms, as selected byy lander: cash; @) money order; (c) certified check, bank check, treazurer'a check u cashier's check, provided anyauch check is wn upon an institution whose deposits ma iruured by a federal agency, instrumentality u anhry^ or (d) Electronic Panda msfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fi51 y motive as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under :Bon 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note nether with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale mightresult Law. There also might be one or more manges or me anan aervwer unmIDW w a aa¢ ul u,o,.e¢ the Loan Servicer, Borrower will be given written notice of the change which will state the name Llan Servicer, the address to which payments should be made and any other information RESPA re a notice of transfer of servicing. if the Note is sold and thereafter the Loan is serviced by a Loan purchase of the Note, the mortgage lone servicing obligations to Bomower will remain with d transferred to a successor loan Servicer and am not assumed by the Note purchaser unless otherwi purchaser. Neither Borrower nor lander may commence, join, or be joined to any judicial action litigant or the member ofa class) that arises from the other party's actions pursuant in this Security) that the other party has breached any provision o6 or any duty owed by reason of, this Securrt Borrower or Lender has notified the other party (with such notice given in compliance with the reqs ,,f .,,,.h allened breach and afforded the other barty hereto a reasonable period after the giving ren to Borrower pursuant to Section 22 and the emed W satisfy the notice and opportunity to In 21. Hazardous Substances. As used 1 toxic or harardous substances, pollutants, or "Environmental COndmon" means a Borrower shall not cause a threaten to release any Hazardous S anything effecting the Property (a) Condition, or (c) which, due in the affects the value of theProperty. Th, of small quantities of Hazardous Sut maintenance of the Property(includ Bortowu shall promptly g by any governmental or regulator) Environmental Law of which Bo a, any spilling, leaking, discharge, rale presence, use or release of a Hazard, notified by any governmental or red Hazardous Subsource affecting the. accordance with Environmental Lal i that can cause, cor 3e presence, use, dii s, on or in the violation of any use, or release of a IS two sentences sh hat ue generallyr" ,at limited to, haze r written notice of or private parry in xual knowledge, @ at of release of any ante which adverse tuthoriry, or any pri is necessary. Bonn IOWA -Sinal. Family -Fond. MWFmddle Mac tNIFORM WSTRUMEW I7a1r.CV (Ilan 45a 52011 defined in treats a .net, use, for a in either an individual istrument a that alleges Inswment, until such rements of Section 15) co of such notice m-.teke c..a can be taken, that time and opportunity at cure' t W Section 18 sWIIFe those subs tznces dried I I substances: geolme, At solvents, materials . federal laws and laws on; (c) "Environmental mental Law; and {d) an ^- '> EnYvomnmtalOtmap. ezardous Substarlcros.or now anyone else tb dog - (HERS) F.rm3016 ilal (pagr7ayapag.r) OOfor00r. Im NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows 22. Acceleration; Remedies. Lender shall give notice to Borrower Prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1S 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 byjudi :ial proceeding and sale of theProperty. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosureproceeding 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 ell sums secured by this Security InshLmentwithout further demand and may foreclose this Security Instrument byjudicial promedir pursuing the remedies provided in this Section 22, inclu of title evidence. 23. Release. Upon pagent of all sums secured InstrumenL Lender may charge Borrower a fee for releash partyfor services rendered and the charging of the fee ise 24. Waivers. Borrowerrelinquishes all right of d and to the Property. Borrower waives any richt ofexemnfi 111MI erff y C Ray 26. Redemption Period. If the Proputyis less than 10 cceding any right m a deficiencyjudgment agmnstHorrowu, the pi months. If the court finds that the Property Aas been abandoned b judgment against Borrower, the period ofredempdon fmmjudicia; Section 26 shall be construed to conform to the provisions of Secl trument, and" shall release this Security ument, but only if the fee is paid to a third cable Law, right of homestead and distributiveshara in D2.IOL. /D°I [Date] [Date] BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument Rod in any Rider executed by Borrower and recorded with it Witnesses: (Sean 5--Peffry C Ray B°maw IOWA—Sinsie Farrlly—Fanale M.r mddie Mac UNIFORM INSTRUMENT 12427.CV (INS) 451226-52011 N C� (Saaq._ 0 (MERS) rom3016 ll01 (pay6oJ9paarr) OCIDI002K256) [Space Below This Line For Acknowledgment] STATE OF Iowa ) ss: COUNTY OF Johnson ) On this 6th day of February 2009 before me, the undersigned, a Notary Public in The State of Iowa, personally appearcd: Jeff" C Rev, a sincig o to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. My commission expires:03/26/2012 maty Publi i and forseid County and Slate Scott L Schroeder [Space Below This Line Reserved For Lender and Recorder IOWA-Singlof..ily-Fsanie Mar mdd!,M.CUNr+ORMINSTRUMENT 12427.CV(Ia1B) 15111652011 O C— • ri I (KERS) FOM3016 1101 (page PDO G991) 0 GOTO(002ec156) SCOTT SCHROEOER irp\A(8 O Commission Number 199383 r + ,owe My Cmnmlaslan Expires 3-26-yn/7 maty Publi i and forseid County and Slate Scott L Schroeder [Space Below This Line Reserved For Lender and Recorder IOWA-Singlof..ily-Fsanie Mar mdd!,M.CUNr+ORMINSTRUMENT 12427.CV(Ia1B) 15111652011 O C— • ri I (KERS) FOM3016 1101 (page PDO G991) 0 GOTO(002ec156) 7�, P tract in a portion of Oakes First and Second Additions to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 1, Page 117, Plat Records of Johnson County, Iowa, as more particularly described on the following caption sheet. The cast 60 feet of Lot 39; and also part of Lot 39, described as follows: Beginning at the southeast comer of said Lot 38; thence north 36 feet; thence west 60 feet; thence south 36 feet; thence cast 60 feet to the place of i. beginning, all in the subdivision of a porton of Oakes First and Second Additions to Iowa City, Iowa, according to the plat thereof recorded In Plat Book 1, Page 117, Plat Records of Johnson County, Iowa. Also a right of way for driveway over the following: Beginning at a paint on the east line of Clark Street 108 feet south of the northwest comer of Lot 37 of the subdivision of portion of Oakes First and Second Additions to Town ' City, Iowa, according to the plat thereof recorded in Plat Book 1, Page 117, Plat Records of Johnson County, Iowa; running thence south along the cast line of Clark Street 14 feet; [hone cast parallel with the north line of ,. said Lot 37, 235 feet; thence north parallel with the east lino of Clark Street 14 foot; thence west 235 fact to the Place of beginning, said driveway to be used in common with the owners of other lots abutting thereon to whom :' said driveway rights are also conveyed in other deeds, said driveway not to be blocked and to be jointly ��, maintained by the parties entitled to use the same. The north 2 feet of the tract first described above heroin, is subject to said, driveway rights. N O \J CEJ r� O Loan No. 0003170035 TO HAVE AND TO HOLD the same unto the said party of its successors and assigns, forever, subject only to in the said indenture of mortgage contained. IN WITNESS WHEREOF S ELECTRCWC REGISTR Crq SYSTME SOLELY AS MMM KR =i== BANK ITS SOCCTSSCRS AND ASSIG the second part, the provisions W this instrument to be duly signed this 16th .day of NOVEMBER 2012 by its duly authorized officers. oI':If :rt �r �_yi:J�IM STATE OF IDAHO ) )SS COUNTY OF BONNEVILLE ) SYSME, INC. BY REBECCA HIG EY ASSISTANT SECRETARY On NOVEMBER 16, 2012 before me, VICKIE SORG personally appeared REBECCA HIGLEY and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the within instrument as ASSISTANT SECRETARY and on behalf of the corporation that executed it. rJ Notary Publ' in and for said County and State VICKIE SOR (COMMISSION EXP. 08-18-17) VICKIE SORG — iT NOTARY PUBLIC _> STATE OF IDAHO : tl P=S.002.00065.149 MIN 100010200031700356 MFRS PFK: 1-888-679-6377 C=s.076.0009 J=NA8040112AI.a.08374 (NMRI.IA.2) Page 2 of 2 IOWA 01/111111 111111111111 PREPARED BY TERRILL NIELSON A6S190zWt:-1mt rv--Rw=1gd SECURITY CONNECTIONS, INC. COUNTY OF JOHNSON 240 TECHNOLOGY DRIVE,IDAHO FALLS, POOL NO. ID 83401, PH:800-894-0742 LOAN NO.0003170035 WHEN RECORDED MAIL TO : SECURITY CONNECTIONS, INC. MINIMUMATTN: TERRILL NIELSON 240 TECHNOLOGY DRIVE IDAHO FALLS, ID 83401 T ATTN TERRILL NIELSON ASSIC-NMENI' OF REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That =G=ELWTROWCRBG1S7RA7TCN SYSTED15, INC. SOLELY AS ALZ41NEE FCR bCMP� BANK = SUCCESSORS AND MOCTMW located atP.O. BOX 2026, FLINT, MI 48501-2026 Party of the first part, in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration paid to it by N TION[= ADVANPAC,E MY;TUMN COHPANY party of the second part, the receipt of which is hereby acknowledged, does by these presents granted, bargained, sold, assigned, transferred and set over unto the said party of the second part that certain mortgage executed by JEFFRY C RAY, A SINGLE PERSON JOHNSON State of Iowa, in Book No. 4395 at Page No.680 as Document No. 021385150009 on Mirrnfilm Nn_ J=NAB040112AX.s.08374 Page 1 of 2 Exp i 614 "(2 `' 0 • ti O t- END OF CASE FILE END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: WELLS FARGO BANK Docket No 13-00896 State IOWA vs. Court No EOCV075269 County JOHNSON DEFENDANT: MEESTER, JON Ref No Received 02/21/2013 DEFENDANT: MEESTER, TAMMARA JO DEFENDANT: IOWA DEPARTMENT OF REVENUE DEFENDANT: THE BREESE CO INC DEFENDANT: BEBT,PC =� DEFENDANT: CITY OF IOWA CITY DEFENDANT: PARTIES IN POSSESSION Requesters ERICKSON, DAVID M (515) 288-2500 ; ...� ...ri , nrn rrr oro Bonn noC �lIIII AIFC m Fnznozooz ---- � - � M Name ICITY OF IOWA CI Party Type DEFENDANT Address MAYOR OR CITY 410 E WASHINGI IOWA CITY E -Mail Employer �— Comments MNI Inform rmation - Race Birth Date Height Eyes Notes Zone I-- 0 Phone (--� Fax '•-3 Sex Age Hair Weight SSN Skin Documents [Document Serve. by Date OE PSR E ORIGIN ALNOTICEAND L1LIC PETITION Service Inf'oyrmation 1 —_ Date /4,�^ 1 / Time Party /Z'i r4 rT �`fa d1 IC-�? r f Race Sex DOB Miles t' Fee Officer Type Relationship tC CLAa' D Q e( (C - Location `1 10 C s;wy) o2n 6 Printed: Thursday, February 21, 2013 Johnson County Sheriffs Office Page 1 of 2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WELLS FARGO BANK, N.A., ) EQUITY NO. Plaintiff, ) VS. ) ORIGINAL NOTICE JON DAVID MEESTER, TAMMARA JO ) MEESTER; IOWA DEPARTMENT OF ) REVENUE; CITY OF IOWA CITY; THE )articip �e in court due to a BREESE CO. INC.; IOWA WORKFORCE h you) need assistance to P DEVELOPMENT; BEBT PC DBA EMERGENOksabildy, call the dlsablllty coordinator at 31; 3call > l3920X 1 Iowa TTTY (t--NO-735.2942)- DI"W or speech Pacoordlnators ired ma cannot VETERINARY SERVICE; CITIBANK NA and Olsa ry PARTIES IN POSSESSION, provide legal advlee. Defendants. TO THE ABOVE-NAMED DEFENDANTS You are notified there was on the I day of 2013 filed in the office of the Clerk of the above-named Court, a Petition, copies of which are hed hereto. The Plaintiffs attorney is David M. Erickson, whose address is The Davis Brown Tower, 215 10th Street, Suite 1300, 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. If you require the assistance of auxiliary aids or services to participate in court because of a di ability, immediately call your district ADA coordinator at 319-398- 3920, ext. 110(D (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) Disability coordinators cannot provide legal advice. Clcrkotthe above Court U// — Johnsoil County Courthouse Iowa City, Iowa YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR CM - Cove r M o `1 CA { #1904561 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WELLS FARGO BANK, N.A., Plaintiff, ) EQUITY NO. (-)\ I - ) �� VS. ) FORECLOSURE PETITION =r_ JON DAVID MEESTER; TAMMARA JO ) , MEESTER; IOWA DEPARTMENT OFo� ) T � r REVENUE; CITY OF IOWA CITY; THE ) M" BREESE CO. INC.; IOWA WORKFORCE N c= � DEVELOPMENT; BEBT PC DBA ?" _ EMERGENCY VETERINARY SERVICE; CITIBANK NA 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, Wells Fargo Bank, N.A., and respectfully states to the Court — the following as its cause of action against the Defendants: #2293217 The Plaintiff, Wells Fargo 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 used for an agricultural purpose. The mortgaged property is a one -family or two- family dwelling. 2. The Plaintiff, Wells Fargo Bank, N.A., is a corporation duly authorized to transact business in the State of Iowa. 3. The Defendants, Jon David Meester and Tammara Jo Meester, are a married couple and are residents of Johnson County, Iowa. 4. The Defendant, Iowa Department of Revenue, is joined as a parry 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 tax liens filed June 13, 2012 in Book 4923, page 134; filed March 13, 2012 in Book 4881, page 441; filed September 1, 2011 in Book 4798, page 535, filed August 17, 2011 in Book 4792, page 272; filed August 17, 2011 in Book 4792, page 268; filed June 17, 2011 in Book 4765, page 102; filed December 7, 2011 in Book 4841, page 751; judgment filed August 1, 2012 in STA0098612; judgment filed August 1, 2012 in NTA0098611; judgment filed August 1, 2012 in NTA0098613; judgment filed August 1, 2012 in NTA0098610. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 5. The Defendant, City of Iowa City, is joined as a party to this action because it _ .may claim -some right, title or interest in the property which is the suhjeet.of this action including . but not limited to by virtue of judgments filed July 31, 2009 in SMSM075209; December 21, 2010 in CSMSM080495; filed July 7, 2010 in CSMSM080017; judgment filed May 13, 2011 in 2 CSMSM081826; filed May 13, 2011 in CSMSM081827; filed January 4, 2007 in CISC066619; November 4, 2010 in CISC078258; filed December 1, 2011 in CISC080528; November 4, 2011 in CISCO80529 and December 17, 2012 in CISC082739. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 6. The Defendant, The Breese Co. Inc., is joined as a parry 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 filed December 1, 2010 in LNLN009643. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 7. The Defendant, Iowa Workforce Development; 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 filed March 16, 2009 in CVCV070241. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 8. The Defendant, BEBT PC dba Emergency Veterinary Service; is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of judgment filed March 29, 2012 in LACV073952. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 9. The Defendant, CitiBank NA, is joined as a party to this action because it may -__claim some right, titl"r interest in the.p-mperty_which is the subject of this action including -but not limited to by virtue of judgment filed March 22, 2012 in SCSC080175. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 10. 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. 11. On or about 3/22/2002, the Defendants, Jon David Meester and Tammara Jo Meester, executed and delivered to Commercial Federal Mortgage Corp., one certain Promissory Note in the principal sum of Ninety Six Thousand three hundred and no/100 Dollars ($96,300.00). 12. To secure payment of the Note, the Defendants, Jon David Meester and Tammara Jo Meester, executed and delivered to Commercial Federal Mortgage Corp. one certain Purchase Money Mortgage dated 3/22/2002, which Mortgage was filed on 3/25/2002, in Book 3257, page 2 of the Johnson County Recorder's Office, upon the following -described real estate, to -wit: Lot 1, Block 1, Pleasant Place Addition to Iowa City, according to the recorded plat thereof and all of the 20 foot wide East-West alley abutting Lots 1 and 10, Block 1, Pleasant Place Addition and the South 1/2 of the East-West alley abutting the West 14.4 feet of Lot 10, Pleasant Place Addition, Iowa City, Iowa 13. On or about 7/15/2005, Commercial Federal Mortgage Corp. sold, assigned and delivered to Wells Fargo Bank, N.A. the Note and Mortgage. Said Assignment was in writing and recorded on 11/14/2005 in Book 3962, page 495, records of Johnson County. 14. 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. 4 15. The Defendants, Jon David Meester and Tammara Jo Meester, have failed to pay the Note and interest thereon as provided by the terms of the Note. 16. 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. 17. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of Eighty Eight Thousand nine hundred sixty seven and 64/100 Dollars ($88,967.64), which is the principal balance, plus interest calculated at the default rate of 7.0% per annum from 9/1/2012. Interest accrues on the said sum at the rate of $17.06 per day. 18. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of $300.00, escrow advances of $1289.03, corporate advances of $726.00, and late charges of $522.45, to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 7.0% 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 Sheriffs Sale, including reasonable attorney's fees. 19. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has - -- - keen-made-ffor payment, and_payment.has been refused. 20. Under the terms of the Mortgage a receiver may be appointed. 21. The Plaintiff gave a Notice of Right to Cure and more than thirty (30) days have elapsed since the notice was given. 22. The Plaintiff gave a Fourteen Day Demand for payment of the accelerated balance pursuant to Iowa Code Section 654AB and fourteen (14) days have elapsed since the notice was given. 23. The Plaintiff hereby waives their right to a deficiency judgment. 24. Under the terms of said Note and Mortgage, the Defendants, Jon David Meester and Tammara Jo Meester, agreed to pay attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit "A" and incorporated herein by this reference is an Affidavit of Attorney's Fees as required by Iowa Code § 625.22. WHEREFORE, the Plaintiff, Wells Fargo Bank, N.A., prays for judgment in rem against the real estate described above, for the sum of Eighty Eight Thousand nine hundred sixty seven and 64/100 Dollars ($88,967.64), which is the principal balance, plus interest thereon at the rate of 7.0% per annum from 9/1/2012, such amount equaling $17.06 per day, the costs of this action, including title costs of $300.00, escrow advances of $1289.03, corporate advances of $726.00, late charges of $522.45, 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 3/22/2002, the date of - the Plaintiff's Mortgage, prior and superior to any right; title; -lien -or intcrest,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 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. The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. 7 OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 David M. Erickson (AT0002422) The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: DaveErickson@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF 8 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WELLS FARGO BANK, N.A., Plaintiff, VS. JON DAVID MEESTER; TANIMARA JO MEESTER; IOWA DEPARTMENT OF REVENUE; CITY OF IOWA CITY; THE BREESE CO. INC.; IOWA WORKFORCE DEVELOPMENT; BEBT PC DBA EMERGENCY VETERINARY SERVICE; CITIBANK NA and PARTIES IN POSSESSION, Defendants. EQUITY NO. ATTORNEY'S FEE ATTESTATION I, David M. Erickson, 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 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 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. U #1904561 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. a i(I /r3 Date 2 END OF CASE FILE CIVIL PROCtbb WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: JP MORGAN CHASE BANK Docket No 13-01119 State IOWA vs. Court No EOCV075329 County JOHNSON DEFENDANT: MIHALOPOULOS, GEORGIOS ILIA: Ref No Received 03/05/2013 DEFENDANT: PARTIES IN POSSESSION DEFENDANT: CHILDS, LAURA DEFENDANT: CRONBAUGH, DEANNA DEFENDANT: UNKNOWN SPOUSE OF GEORGIO DEFENDANT: STATE OF IOWA -CHILD SUPPORT DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone BAHNSEN, JASON (515) 223-7325 - 1245 JORDAN CREEK PARKWAY STE 120, WEST DES MO - - Name ICITY OF IOWA CITY Party Type I DEFENDANT Address ICITY CLERK -MARIAN KARR 410 E WASHINGTON E -Mail Employer Comments MNI Information Race Birth Date Height Eyes Notes Zone Phone 0 Fax 0 Documents Document Serve by Date OE PSR Description / Special Instructions ORIGINAL NOTICE AND ❑ ❑ PETITION Service Information Date 3 Time Type Party lGw' 6GC--f Relationship Race Sex DOB Miles Fee Officer Location Printed: Tuesday, March 05, 2013 Johnson County Sheriffs Office Page 1 of 2 CM IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY JPMorgan Chase Bank, National Association Plaintiff, vs. Georgios Mihalopoulos; Parties in Possession; Laura Childs f/k/a Laura Overholser f/k/a Laura Van Gundy f/k/a Laura Sexton; Deanna Cronbaugh; Unknown Spouse (if any) of Georgios Mihalopoulos; State of Iowa - Child Support Recovery Unit; City of Iowa City; EQUITY O: �GQVu��3 ORIGINAL NOTICE FOR CERTIFIED MAIL Defendants. ) To the above-named defendant City of Iowa City, c/o Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240: You are notified there was on th ay of20_ afiled in the office of the Clerk of the above-named Court, a Petition, copies of which are attache hereto. The Plaintiffs attorney is Jason D. Bahnsen, c/o South & Associates, P.C., 1245 Jordan Creek Parkway, Suite 120, West Des Moines, IA 50266. You must, within 60 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. If you need assistance rticipate in co o a disability, call the disability coordinator at 515-28 rsons who are hearing or speech impaired may call Relay Iowa at 1-8 35-2942. Disability coordinators cannot provide legal a . BA AR J. GtFjJ FLOW By: I Clerk of the District Court Johnson County Courthouse Iowa City, Iowa IMPORTANT CovER /s+ Po,%R YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. '�nanc z File No. 153778 II II I III II IIII I I II I I II I I II Invoice No. 153778-630354 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY JPMorgan Chase Bank, National Association Plaintiff, vs. Georgios Mihalopoulos; Parties in Possession; State of Iowa - Child Support Recovery Unit, Laura Childs f/k/a Laura Overholser f/k/a Laura Van Gundy n/k/a Laura Sexton; Deanna Cronbaugh'Unknown Spouse (if any) of Georgios Mihalopoulos; City of Iowa City, Defendant(s). NOTICE EQUITY NO: FORECLOSURE PETITION,:. 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 THE 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. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE -FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE -FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. File No. 153778 II II I III II IIII I I II I I III I I I II 1 FORECLOSURE PETITION ' COMES Now Plaintiff, JPMorgan Chase Bank, National Association, by and through its attorney, Jason D. Bahnsen of the firm of South & Associates, P.C., and for its cause pf action against Defendant(s) states as follows: 1. The Plaintiff, JPMorgan Chase Bank, National Association, is a corporation duly authorized to transact business in the State of Iowa. 2. Defendant(s) Georgios Mihalopoulos is a resident(s) of Johnson County, Iowa, is believed to be single and the subject property is a one- or two-family dwelling and is not agricultural land as defined in Iowa Code Section 9H or 175.2 or used for agricultural purposes as defined in Iowa Code Section 535.13, or used for farming as defined in Iowa Code Section 175.2. 3. On or about May 13, 2009, Georgios Mftlopoulos executed and delivered a promissory Note (the "Note') to Quicken Loans, Inc., in exchange for good and valuable consideration, in the principal sum of $107,250.00, together with interest. A true, correct and genuine copy of the Note is attached as Exhibit "A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 4. As part of the same transaction and to secure payment of the Note, on or about May 13, 2009, Georgios Mihalopoulos executed and delivered a certain Mortgage (the "Mortgage") creating a first and prior lien on the following described real estate situated in Johnson County, Iowa to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc., its successors and assigns: Beginning at a point on the west line of the southeast quarter of the southeast quarter of Section 3, Township 79 North, Range 6 West of the 5 P.th M., 214 feet north of a stone at the southwest corner of the southeast quarter of the southeast quarter; thence N89 degrees 35'E, 185 feet to the west side of Dubuque Road as located by the city surveyor's records of 2 File No. 153778 K i Iowa City, Iowa; thence N26 degrees 27'E along the west side of said road 55 feet; thence N68 degrees 46'W, 55.2 feet; thence N77 degrees 2/100'W, 160 feet to the west line of said southeast quarter of the southeast quarter of Section 3; thence south 106.6 feet to the place of beginning, being part of lot 28, subdivision of the southeast quarter of the southeast quarter of Section 3, Township 79 North, Range 6 West of the 5th P.M OTHERWISE DESCRIBED AS: Beginning at a point on the West line of the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 3, Township 79 North,_Range_6 West of the 5th P.M., 214 feet North of a stone at the Southwest corner of the Southeast Quarter of the Southeast Quarter (SEI/4SEl/4); therice North 89035' East, 185 feet to the West side of Dubuque Road as located by thio City surveyor's records of Iowa City, Iowa; thence North 26°27' East along the West side of said road 55 feet; thence North 68046' West, 55.2 feet; thence North 770 2/100' West, 160 feet to the West line of said Southeast Quarter of the Southeast Quarter (SEI/4SE1/4) of Section 3; thence South 106.6 feet to the place of beginning, being part of Lot 28, subdivision of the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 3, Township 79 North, Range 6 West of the 5th P.M. Commonly known as 905 North Dodge Street, Iowa City, IA 52245 (the "Property"). The legal description will be set forth as otherwise described in any foreclosure decree or related rµ. document filed in this matter. A true, correct and genuine copy of the Mortgage is attached as Exhibit "B" and incorporated by reference. 5. The Mortgage was recorded on June 9, 2009, in Book No. 4452, at Page 359, in the office of the Recorder of Johnson County, Iowa. 6. The Note was subsequently endorsed in blank, without recourse, as evidenced by the endorsement(s) on the Note. 7. The Mortgage was assigned to Plaintiff by Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc., its successors and assigns to JPMorgan Chase Bank, National Association recorded on December 27, 2012, in Book 5029, at Page 852, in the office of the Recorder of Johnson County, Iowa. A true, correct and genuine copy of said Assignment(s) is attached as Exhibit "C" and incorporated by reference. 3 File No. 153778 8. Plaintiff is the current holder of the Note and Mortgage, and is authorized to take such actions as may be necessary for the collection of the sums owing under the Note, including but not limited to, foreclosure of the Mortgage. 9. Georgios Mihalopoulos failed to make the installment payments as they became due since October 1, 2012. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 10. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed upon; and Plaintiff, by the commencement of the action, does elect to foreclose the Mortgage. 11. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 12. Under the terms of Note and Mortgage, upon default, Defendant(s) Georgios Mihalopoulos agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. An Affidavit of Attorney's Fees as required by Iowa Code Section 625.24 is attached as Exhibit "D" and incorporated by reference. 13. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code Sections 654.26 and 654.21D, and more than thirty (30) days have passed since the notice was given, and the default has not been cured. A true, correct and genuine copy of the Notice is attached as Exit "E" and incorporated by reference. 14. In accordance with the provisions with the Note and Mortgage, upon default and defendant's failure to cure, Plaintiff gave a fourteen (14) day notice of acceleration and demand _ for payment of the accelerated balance pursuant to Iowa Code Section 654.4b and fizu'rteen 4 File No. 153778 (14) days has passed since the notice was given. A true, correct and genuine copy of the Demand is attached as Exhibit "F" and incorporated by reference. 15. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Defendant(s) Georgios Mihalopoulos as follows: a. the unpaid principal balance of the Note in the sum of $90,284.50; b. the unpaid interest which has accrued at the rate of 4.99% per annum from September 1, 2012, and which continues to accrue at such rate until fully satisfied; c. all sums advanced by Plaintiff for title evidence in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, and for real estate taxes, hazard insurance premiums and/or private mortgage insurance (PMI/MIP) premiums (less credit for any suspense or other balance remaining on the loan), e. accrued late charges in the amount of $296.66; f. all sums paid by Plaintiff for prior attorney's fees and costs and/or Bankruptcy attorney's fees and court costs, if applicable, or due from Defendant(s) prior to sale for BPOs/Appraisals, insufficient funds charges, property inspections or property maintenance expenses; and _. g. the costs of this action, including reasonable attorney's fees. 16. Under the terms of the Mortgage, a receiver may be appointed. 17. Plaintiff hereby elects to exercise its right to a deficiency judgment agajost Geo�gios J Mihalopoulos. 18. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the below Defendant(s) may have or may claim to have some right, title or 5 File No. 153778 interest in or to the Property, but any such claim is inferior and subject to the lien of the Mortgage and should be so adjudged. 19. Defendant(s) Parties in Possession are named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 20. Defendant Deanna Cronbaugh is named by reason of a divorce decree filed on July 15, 12998, in the Iowa District Court of Johnson County, as Case No. CDDM-011492 in the matter of Georgios Mihalopoulos and Deanna Cronbaugh. Georgios Mihalopoulos was awarded the Property in the divorce, however, there was no deed by which Deanna Cronbaugh quit claimed her interest to Georgios Mihalopoulos. Defendant Deanna Cronbaugh may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 21. Defendant Laura Childs f/k/a Laura Overholser f/k/a Laura Van Gundy f/k/a Laura Sexton has been named by virtue of a child support order filed on April 6, 1992, in Case DRCV052813 and also related to Case No. EQCV052502. Defendant Laura Childs f/k/a Laura Overholser f/k/a Laura Van Gundy f/k/a Laura Sexton may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 22. Defendant State of Iowa - Child Support Recovery Unit has been named by virtue of a child support order filed in the Iowa District Court of Johnson County, 'as Case No. DRCV052813, and also related to Case No. EQCV052502. Defendant State of Iowa - Child Support Recovery Unit has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant State of Iowa - Child Support Recovery Unit may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. L File No. 153778 23. Georgios Mihalopoulos was single at the time of execution of the Note and Mortgage. Defendant Unknown Spouse (if any) of Georgios Mihalopoulos has been named by virtue of his/her marital interest in the event that Georgios Mihalopoulos has since married, but any such interest claimed by Defendant Unknown Spouse (if any) of Georgios Mihalopoulos would be junior and inferior to Plaintiff's Mortgage. 24. Defendant City of Iowa City has been named by virtue of a judgment filed in the Iowa District Court of Johnson County, as Case No. CISC081368. The judgment was obtained in the amount of $911.50. Defendant City of Iowa City has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant City of Iowa City may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. - 25, Defendant(s) Laura Childs f/k/a Laura Overholser f/k/a Laura Van Gundy n/k/a Laura Sexton and Deanna Cronbaugh are not on active duty in the military service of the United States of America, nor entitled to the privileges under the provisions of the Service :Members Civil Relief Act enacted December 19, 2003, 50 U.S.C. App. §§ 501-596. Military Search Results obtained from the Department of Defense, Manpower Data Center evidencing same are attached as Exhibit "G" and incorporated by reference. WHEREFORE, Plaintiff prays for in rem judgment against the subject property and judgment in personam against Georgios Mihalopoulos for the unpaid principal balance of the Note in the sum of $90,284.50; together with late charges which have accrued in the amount of $296.66; unpaid interest which has accrued at the rate of 4.99% per annum from and after September 1, 2012, and which continues to accrue at such rate until fully satisfied; all sums paid by Plaintiff for prior attorney's fees and costs and/or Bankruptcy attorney's fees and court costs, if applicable, or due from Defendant(s) prior to sale for BPOs/Appraisals and/or insufficient 7 File No. 153778 funds charges; all sums advanced or to be advanced by Plaintiff prior to the sale for real estate taxes, hazard insurance premiums and/or private mortgage insurance (PMI/MIP) premiums (less credit for any suspense or other balance remaining on the loan), property inspections or property maintenance expenses; and the costs of this action, including (but not limited to) court costs, lis pendens fees, service fees, costs incurred for procuring title evidence, and reasonable attorney's fees. FURTHER WHEREFORE, Plaintiff prays that the Mortgage be declared a first and prior lien on the Property and as superior and paramount to the interest liens and claims of each and all Defendant(s); including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale; that its Mortgage be foreclosed; and that all junior and inferior liens and Mortgages be barred from claiming any right, title, or interest in the Property. FURTHER WHEREFORE, Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution may issue for tKe sale of said . Mortgage real estate or so much thereof as is necessary to satisfy Plaintiff's judgment, together with 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 Sheriffs Sale, and that from and after said sale under special execution the right, title, lien or interest of the Defendant(s) 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. FURTHER WHEREFORE, Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County, Iowa, commanding him to put the 8 File No. 153778 purchaser at said sale under special execution or a successor in interest in the possession of the premises. FURTHER WHEREFORE, Plaintiff prays for the approval, upon the request of Plaintiff, of the sale of the Mortgaged premises during the pendency of this action free and clear of the claims of Defendant(s), provided that the court first finds that (a) all equitable titleholders who have not abandoned the Mortgaged premises have consented to such sale. and (b) the terms of such sale are commercially reasonable. FURTHER WHEREFORE, Plaintiff prays for such other and further relief as may be just and equitable in the premises. Respectfully submitted, South & Associates, P.C. Jason D. Bahnsen(AT0010427) 1245 Jordan Creek Parkway, Suite 120 West Des Moines, IA 50266 (515) 223-7325, ext. 213 (515) 223-7276 (Fax) Jason.Bahnsen@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTH & ASSOCIATES, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. E File No. 153778 r MERS MIN: 100039032193006695 May 13, 2009 [Patel NOTE Coral vi11e (city) 905 N Dodge Street jowA t'l')l6erafivifil , IA 52245 (0 11 (Property Address) 00 3219300669 Mihalopoulos, 6eorgios I- BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 107, 250. DO plus interest, to the order of the Lender. The Lender is Quicken Loans Inc. IA ISutcl (this amount is called "Principal"), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. 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 4.990%. The interest rate required by this Section 2 is the tate I will pay both before and after any default described.lrpSection 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments ` I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on July 2009- make 009-make these payments every month until I have paid all of the principal and interest and any other charges described below that t may owe under this Note. Each monthly payment will be applied as of its scheduled due date and wiy be appliea to interest before Principal. If, on June 1, 2024 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 553154, Detroit, MI 48255-3154 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 847.57 4. 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 tel[ the Note Holder In writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Singte Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 4M0 VMP VMP Farm 32007/01 III II'I"II)IIIII'IIIII II'lllllllflllll l�I.I III MORTGAGE FORMS 19001521.7291 Popo 1 of 3 1N11813: M g03219300669 0140 167 0103 E)CMBIT I S. LOAN CHARGES - - ' If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest of other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already "collected from 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 _w111 be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time 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 Nota 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. 7. 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 differcnt address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any 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. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. IIIIl�1930ll II x03219300669 014040 18787 02003 -5N (000').01 Pap 2 of 3 OD Form 3200q1/01 NtWs: r 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Nae Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sutras secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. C=4_ y_ .-. - 05/13/2009 (Seal) Georgi os i ha 1 opoul os -Borrower _(Seal) -Borrower -Borrower -Borrower (Seal) -- -Borrower -Borrower WITHOUT RECOURSE Pay To the Order of [Sign Original Only] UICKEN L A NC. III IIIIIIIII VIII IIIIII IIIIIIIIIIIIIIII III II II III By CAPTUR O A AGER g03219300669 0140 1B9 0803 -5N t000si.ot raga 3 of 3 Form 3200 1/01 • -� s'aZP Y3 Si G7 • t w [Space Above Tids Linc Por Recording Data] Prepared By: Ryan Curri&token Loans, Inc, 20555 Victor Parkway Livonia, fit 48152 ReramxY'o; 1-800-226-6308 Julie-Ga"o'li 9ulelten-Ire&,r4ne% 205'S`5-VTCCDP-PAr'KWdY tivorri'a-M1-�48kG3- Full Legal Description located on page2.0 K Lender name located on page 2. at 09:53: Iof 20 EK4452 PG359.378 _i5-11,9 tl9 Recording Requested by 8: When Recorded Return To, US Recordings, Inc. 2925 Country Drive St. Paul, MN 55117 3233349 MORTGAGE 3219300669 (Z,=3al(jaQI MIN 100039032193006695 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 13, 2009 together with all Riders to this document. (B) "Borrower" is Georgi os Mi hal opoulos, an unmarried man Borrower is the mortgagor under this Security Instrument, IOWA -Single Family -Fannia Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Form 3016 1101 4D.6At1A] 104051.01 P89010415 2067685959w,i4n: C�' 1-M III ILII' IIIIII'llll lllllllllVIIIILI III�� VMP Mcrleeeo Soh,dom. Inc. (800)521-7291 8032.9100669 0233 198 0115 AM EXHIBIT__ b r` 3219300669 (C) 'IMERS'I is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the latus of Delaware, and haSan address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Quicken Loans Inc. Lender is a Corporation organized and existing under the laws of the State of Michigan Lender's address is 20555 Victor Parkway, Livonia. MI 48152 (E) "Note" means the promissory note signed by Borrower and dated May 13, 2009 The Note states that Borrower owes Lender One Hundred Seven Thousand Two Hundred Fifty and 00/100 Dollars (U.S. s107,250.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1. 2024 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (M "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: M Adjustable Rate RiderCondominium Rider El Second Home Rider Balloon Rider 8 Planned Unit Development Rider1-4 Family Rider VA Rider Biweekly Payment Rider ® Other(s) [specify) Legal Attached (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as. well as all applicable final, non -appealable judicial opinions. (.1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, paint -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (Nn "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. INaab: i�,'"M 40.6MA) 1040501 Pape 2 M 15 Form 3016 1101 0 3219300669 (P) "RESPA11 means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (ty "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Johnson [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. Parcel ID Number: 1003481021 which currently has the address of 905 N Dodge Street [street] C,,z-,K ivr-a";y!14e (City], Iowa 52245 [zip Code] ("Property Address"): 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to rant 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. III 111111111111ll 111111111111III II111111111111111 qUZ19300669 0333 188 0315 Initida:�_ri m -6A(1A)(0405).01 Page 3 of 14 Form 3016 1101 3219300669 - UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U,S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow items." At origination or at any time during the term of the Loan, Lender may require that Community III IIIIIIIII11111111111111111IIIIIIIII1111111l111�;� ", 803219300669 0233 188 0415 I"Iilola: <0-6A11A) (0405).01 Pago 4 o1, 5 Form 3016 1101 I 3219300669 Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues; fees and assessments shall be an Escrow item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waivis Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then requited under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith III 2193 0669ll l33 II8 0515IIIII IIIII II II �I (^^' g03219300569 0233 1g8 0515 _r� � Initials: =-6AIIA11oa051.01 Page s of 15 Form 3016 1/01 0 3219300669 - by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verifiiiiion andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payinent or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law 111 111111111111111111111111111111111111111111111111 ,103219300669 0233 188 0615 lnlpala:---� t0-6AOM i0405i.o1 Pope60115 Form 3016 1/01 O 3219300669 - requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower h' interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained -6y Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least 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. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to ideteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or 1111111111111111111111111111111111111111111111111 g03219300669 0233 168 0715 IN081L: =-6A(IA I (04051.01 P.O. 7 01 15 Form 3016 1101 3219300669 '3 regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is - reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property, Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities mmed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with 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, 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer se(ected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement III3219300669II33 88 081IVIIIIIIII'lIIIII ga3219300669 02JJ 3fi8 afi 15 Inlgols: lr � +' dft.6AVA) 104051.01 Page 0 o115 Form 3016 1/01 provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay fbr Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security, instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of 1111111111111111111111111111111111111111111111111 unas: c =-6AIIA1104010.01 Page 9 of is Form 3016 1101 3219300669 any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the 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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and Benefit the successors and assigns of Lender. 14. Lean Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys: fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in 1111111111111111111111111111111111111111111111111 /1 g= 19300669 0233 188 1015 INOaIs: M/� w, 4=-6MA)!04001.01 POOR 10 of 15 Form 3016 1101 m c ' r 3219300669 any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the 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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and Benefit the successors and assigns of Lender. 14. Lean Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys: fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in 1111111111111111111111111111111111111111111111111 /1 g= 19300669 0233 188 1015 INOaIs: M/� w, 4=-6MA)!04001.01 POOR 10 of 15 Form 3016 1101 m 3219300669 connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender, If any notice required by this Security Instrument is also required under -Applicable - Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event dint any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) rash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to 11111111111111111111111111111111111111111111111111 �r g03219300669 0133 108 1115 Inlllals: (0-6At1A) loaosl.ol a"6" 11.116 Form 3016 1/01 3219300669 , Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following serbstances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pestle, {des and herbicide's, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action 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, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. III IIIIIIII111111111111111111111II111111I11111111 , IOUs:03219300669 0233 108 1215 '6AVA1104051.01 P,o 12"115 ' Form3016 1/01 3219300669 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required 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 Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. 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. 25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND IWAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO TINS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. /^ er05/13/2009 Borrower eo gi os M� a 1 opo os Dote Borrower Borrower Borrower III 111111III II111111111111111111111IIII1111111 III 003219300669 0133 lag 3315 t=-6A(IA) MOWM1 Borrower Date Borrower Dale Bonomr Date Borrower Paps 13 of 15 Dote Date Date Form 3016 1/01 3219300669 26. 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 Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 11111111111111111111111 803219300669 0233 196 1415 4IM-6MA)(0405).01 0l 4n= A4z1_ J 05/13/2009 (Seal) Georgios Mihalopoulos -Borrower Page 14 01 15 (Seal) -Borrower T (Seal] ; -Borrower r C: (Seal) Borrower _ (Seal) -Borrower Form 3016 1/01 3219300669 STATE OF IOWA, Johnson County ss: On this 13th day of May, 2009 , before me, a Notary Public in the State of Iowa, personally appeared Georgi os Mi hal opoul os , an unmarried man to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/ir r t� hel^ tuntary act and deed. My Commission Expires: -1( ------ ------ U 0 Not ICHAEL rial Seal - IOWA PAUL Notary Public in and for said County and State M 1 M Commissloafxplres `5�' Commtealon Na 22WA 1L III 111111111111111111111111111111111111111111111111111111 g03219300669 0233 188 1515 =,-6A(IA) a04051.01 41 T-. Page 15 of 1s Inlllals: — C(1\ Form 3016 1101 r 2. 21 y 2 2 : r HM Beginning at a point on the west line of the southeast quarter of the southeast quarter of Section 3, Township 79 North, Range B West of the 6 Pan M., 214 feet north of a stone at the southwest comer of the southeast quarter of the southeast quarter; thence N89 degrees 36'E,186 feet to the west side of Dubuque Road as located by the city surveyor's records of Iowa City, Iowa; thence N26 degrees 27'E along the west side of said road 66 feet; thence N68 degrees 46' W, 66.2 feet; thence N77 degrees 21100'W, 160 feet to the west line of said southeast quarter of the southeast quarter of Section 3; thence south 106.6 feet to the place of beginning, being part of lot 28, subdivision of the southeast quarter of the southeast quarter of Section 3, Township 79 North, Range 6 West of the 6m P.M p000689704n 1632 6/2/2009 75719119/1 MERS MIN: 100039032193006695 3219300669= 1-4 FAMILY RIDER (Assignment of Rents) THIS I-4 FAMILY RIDER is made this 13th day of May. 2009 , 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 Quicken Loans Inc. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 905 N Dodge Street Coralville, IA 52245 [Property Addrrssl 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. in addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Inswment is on a leasehold) are referred to in this I-4 Family Rider and the Security Instrument as the "Property." MULTISTATE 1.4 FAMILY RIDER - Fannie MaelFraddie Mac Uniform Instrument Initials: 2067685961 Page 4 -&f. -A, 1(. FORM 3170 3199 (057R (9912) VMP MORTGAGE FORMS - (900)521-7291 ,1II2 9300 6III'71I 69 IIIIIII'II�II �II II �II g0J319300669 0371 199 0104 B. USE Or, PROPERTY; COMPLIANCE WITH LAW.. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT Or LEASES? Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT Or RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (1) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) III IIIIIIIII Illll III III 1111111111111111111111111 111 803219300669 0371 189 0204 11 Initials:1 57R 199121 Page-P-af-4 FORM 3170 3199 r� B. USE Or, PROPERTY; COMPLIANCE WITH LAW.. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT Or LEASES? Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT Or RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (1) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) III IIIIIIIII Illll III III 1111111111111111111111111 111 803219300669 0371 189 0204 11 Initials:1 57R 199121 Page-P-af-4 FORM 3170 3199 4: Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Leader's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but riot limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument, (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of defaulta(e Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS -DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. ' 1 III III 'IIII II IIS IBI II II'II II I IIIIIIII II IIIII III ^, 803219300669 0371 199 0301 Y4 Initials: I (M -57R (9912) Page S-af-4 FORM 3170 3199 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 14 Family Rider. C" 05113r20o9 (Seal) (Seal) Georgios Mihalopoulos -Borrower -Borrower III IIIIIIillllllllIIIII IIIIIIIIIIIIIIIIIIIIIIIIII q032193 57R (9912) (Seal) �3eay -Borrower -Borrower (Seal) -Borrower -Borrower 19 Page A of 4 (Seal) -Borrower -Borrower FORM 3170 3199 l BK: 5029 PC: 852 Recorded: 12/27/2012 at 2:25:22.293 PM Fee Amount: $7.00 Revenue Talc Kim Painter RECORDER Johnson County, Iowa When Recorded Return To: JPMorgan Chau Bank, NA C/O NTC 2100 AIL 19 North Palm Harbor, FL 34683 Document Prepared By: E.LanceMC, 2100 AIL 19 North, Palm Harbor, FL 34683 (800)346-9152 Loon B: ft— ASSIGNMENT OF MORTGAGE Contact JPMORGAN' CHASE BANK, N.A. for IM¢ Instrument 780 Kamm Lone, Suite A, Monroe, LA 71203, telephone 8 (666) 756.8747, which Is responsible for receiving payments. ■KA lIVN SY51'EMJ, BYC., Ab NVMINEE FORUICKEN LVAWS, INC. (gran/ee) and Page 359, and/or Document 9 Ne in the a(6ce of the ecorder of JOHNSON County, State of Mled — ORTGAGR [:LAWC GISfRATION SYSTEMS INC AS NOMINEE FOR QUICKEN LOANS, INC., ITS SUCCESSORS AND ASSIGNS :0+1►��cf::acY�1t"-�a'a� r ruq� Notary Pub ,c - t�I.OUISIANA% �W 1 Communion expites: Upon My Dinh JPCAS 18645111 -4 CHASE CJ4479155 MIN 100099032193006695 MERS PHONE 1-888.679.6377 TI 12120012 '18646111• _ c.� IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY JPMorgan Chase Bank, National Association ) Plaintiff, ) EQUITY NO vs. ATTORNEY'S FEE AFFIDAVIT Georgios Mihalopoulos; Parties in Possession; ) Laura Childs f/k/a Laura Overholser f/k/a Laura ) Van Gundy f/k/a Laura Sexton; Deanna ) Cronbaugh; Unknown Spouse (if any) of ) Georgios Mihalopoulos; State of Iowa - Child ) Support Recovery Unit; City of Iowa City ) Defendants. ) 1 STATE OF IOWA ) r'J ss COUNTY OF DALLAS ) I, Jason D. Bahnsen, being first duly sworn, upon oath depose and state that I am one of the attorneys for the Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreergent, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney's fees to be taxed herein. I further depose and state that the Note and Mortgage and any other documents declared upon in the foregoing Petition are now in my actual possession; that I have read the foregoing Petition, know the contents thereof, have personal knowledge of the facts therein stated, and that the statements and allegations therein are true as I verily believe. son D. Bahnsen Subscribed and sworn to before me by Jason D. Bahnsen this day of 20i�, at West Des Moines, Iowa. — Al -] I I ) ) `'p%AL ABBY WEDEMEIER Ao COMMISSION NO. 766923 MY COMMISSION EXPIRES OWA :j/MI t(— y,.0 mis I i ( 1 - j -• '{rte), pp n, Cd- K1, lrg77A 11111111111 IN 11111 11111111 1 111111111111111111111111111 'fh Chase (FLS -7734) PO Box 44090 Jacksonville, FL 32231-4090 000120]3HaOC831912 BRIW GEORGIOS MIHALOPOULOS 2218 OAKLEAF ST CORALVILLE, IA 52241-1365 I III 11111111111111111 7190 1075 4460 1499 9442 .1i1gel 1.I'll III II111,111111111111..111..1.11111Ill..I11111 CHASE ! i November 14, 2012 Ey °-i ,X'14 -BIT iJ l 1 C-1 ^J N Ey °-i ,X'14 -BIT iJ l 1 Chase (FLS -7734) PO Box 44090 Jacksonville, FL 32231-4090 7190 1075 4460 1499 9442 III I I Bill 111111111HIs. 111uJI.. 111.11 1 .111 111, 11111 111/1111 00012033 HOLD CB 31912 �160 GEORGIOS MIHALOPOULOS 2218 OAKLEAF ST CORALVILLE. IA 52241-1365 Acceleration Warning (Notice of Intent to Foreclose) Account: (the "Loan") Property Address: 905N DODGE STREET IOWA CITY, IA 52245 (the "Property") Dear GEORGIOS MIHALOPOULOS: CHASE ! i November 14, 2012 Under the terms of the Mortgage or Deed of Trust ("Security Instrument") securing your Loan, JPMorgan Chase Bank, N.A.("Chase") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due October 1, 2012. 2. As of November 14, 2012, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $2,541.81 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. If you have any questions about the amounts detailed below, please contact us as soon as possible at 800-848-9380. Total Monthly Payments $2,444.26 Late Fees $169.52 NSF Fees $0.00 Other Fees* $0.00 Advances* $55.17 Amount Held in Suspense $127.14 *Other Feer and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized.for services rendered If you need additional information regarding any of these amounts, please contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter though the expiration date set forth in Paragraph 3 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees, and other fees, as permitted by applicable law. r-> I N Under the terms of the Mortgage or Deed of Trust ("Security Instrument") securing your Loan, JPMorgan Chase Bank, N.A.("Chase") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due October 1, 2012. 2. As of November 14, 2012, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $2,541.81 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. If you have any questions about the amounts detailed below, please contact us as soon as possible at 800-848-9380. Total Monthly Payments $2,444.26 Late Fees $169.52 NSF Fees $0.00 Other Fees* $0.00 Advances* $55.17 Amount Held in Suspense $127.14 *Other Feer and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized.for services rendered If you need additional information regarding any of these amounts, please contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter though the expiration date set forth in Paragraph 3 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees, and other fees, as permitted by applicable law. If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the telephone number provided below. 3. Action required to cure the default: You must pay the Total Monthly Payments fisted in Paragraph 2 within 35 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 4. If you fail to cure the default on or before December 19, 2012, Chase may accelerate the maturity of the Loan, declare all sums secured by the Security Instrument irrunediately due and payable, and commence foreclosure by judicial proceeding and conduct a sale of the Property. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attomey fees, and other expenses permitted by your loan documents or applicable law. 5. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to assert in the foreclosure proceeding the nonexistence of a default, or any other defense to acceleration and foreclosure. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above, due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees, if permitted by law, related to any foreclosure action we initiate. 6. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay or SpeedPay. Payments cannot be made at Chase retail bank branches. Please refer to the addresses below for payment information or contact us if you have any questions. Regular Mail: CHASE PO BOX 9001871 LOUISVILLE KY 40290-1 87 1 Overnight Mail: CHASE 6716 GRADE LANE - BUILDING 9 LOUISVILLE, KY 40213-1407 ro Except as required by law, we are under no obligation to accept less than the full amount owed. If you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 7. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at 800-848-9380. 8. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection, the property condition, occupancy status, and possibly your plans for curing the default and paying this Loan on time. You should anticipate that any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. Chase offers ane -on -one help to borrowers at Chase Homeownership Centers across the country. To fmd locations and learn more, visit www.chase.com/MyHome or call 866-550-5705. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll-free at 800-569-4287 or at www.hud.gov. Sincerely, Chase 800-848-9380 800-582-0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet UI Important notice to servicemembers and their dependents If you are or recently were on active duty or active service, you may be eligible for benefits and protections- = under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or eviction. You may also be eligible for benefits and protections under state law. SCRA and state military r, benefits and protections also may be available if you are the dependent of an eligible servicemember. Eligible service may include: • Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or • Active service as a twrrnnissioned officer of the National Oceanic and Atmospheric Administration, or • Active service as a commissioned officer of the Public Health Service, or • Service with the forces of a nation with which the United States is allied in a war or military action, or • Service with the National Guard of a state militia under a state call of duty, or • Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call Chase Military Services at 866-840-5826. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling 888 -995 -HOPE; 888-995-4673. We offer loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at 866-550-5705 to discuss your options. The longer you delay, the fewer options you may have. We are attempting to collect a debt, and any information obtained will be used for that purpose. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title II of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR160 Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications — for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "We can stop your foreelosurel" "97% success rate!" "Guaranteed to save your home!" These kinds of claims are the tell-tale signs of a foreclosure rip-off. Steer clear of anyone who offers an easy out. Don't Pay for a Promise. Don't pay any business, organization, or person who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue companies" claim they can help save your home, but they're out to make a quick buck. Some may request hefty fees in advance — and then stop returning your calls. Others may string you along before disclosing their charges. Cut off all dealings if someone insists on a fee. Send Payments Directly. Some seammers offer to handle financial arrangements for you, but then just pocket your payment. Send your mortgage payments ONLY to your mortgage servicer. Don't Pay for a Second Opinion. Have you applied for a loan modification and been turned down? Never pay for a "second opinion." Imitations = Frustrations. Some con artists use names, phone numbers, and websites to make it look like they're part of the government. If you want to contact a government agency, type the web address directly into your browser and look up any address you aren't sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Pages in your phone directory. Don't click on links or open any attachments in unexpected emails. Talk to a HUD -Certified Counseling Agency — For Free. If you're having trouble paying your mortgage or you've already gotten a delinquency notice, free help is a phone call away. Call 1 -888 -995 -HOPE for free personalized advice from housing counseling agencies certified by the U.S. Department of Housing and Urban Development (HUD). This national hotline — open 24/7 — is operated by the Homeownership Preservation Foundation,, a nonprofit member of the HOPE NOW' Alliance of mortgage industry members and HUD -certified counseling agencies. For free guidance online, visit www.hopenow.com. For free information on the President's plan to Help homeowners, visit www.makinghomeaffordable.gov. Federal Trade Commission .: ftc.gov/MoneyMatters =11 1 -888 -995 -HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETm Hotline — open 24/7 — is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD -certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov 4fl 1NOW 1. Support6 WdDmt por Home ~, MAKING HOME AFFORDABLEGOV \J Chase (FL5.7734) PO Box 44090 Jacksonville, FL 32231-4090 00012034 MLO CB 31912 -BRIO GEORGIOS MIHALOPOULOS 905N DODGE STREET IOWA CITY, IA 52245 IIII���IiII��W�W 7190 1015 41416. 1... I'll III, I.I,.IIIIIIIIIIIIMtI'll I IIMU.,IIIII IIIII IIII IIIII CHASE ! i November 14, 2012 r-� (J L� Chase (FL:5-7734) PO Box 44090 Jacksonville, FL 32231-4090 Pllllu'IIIVI�IMflRVII 7190 1075 4460 1499 9459 111111111111,I,111�1111111111111111111111111111111111111111111 000120]1 HOLO Oe 31912 -OR160 GEORGIOS MIHALOPOULOS 905N DODGE STREET IOWA CITY, IA 52245 Acceleration Warning (Notice of Intent to Foreclose) Account: �111111 (the "Loan") Property Address: 905N DODGE STREET IOWA CITY, IA 52245 (the "Property") Dear GEORGIOS MIHALOPOULOS: CHASE 00 November 14, 2012 Under the terms of the Mortgage or Deed of Trust ("Security Instrument') securing your Loan, JPMorgan Chase Bank N.A.("Chase") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due October 1, 2012. 2. As of November 14, 2012, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $2,541.81 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. If you have any questions about the amounts detailed below, please contact us as soon as possible at 800-848-9380. Total Monthly Payments $2,444.26 Late Fees $169.52 NSF Fees $0.00 Other Fees* $0.00 Advances* $55.17 Amount Held in Suspense $127.14 *Other Feec and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for .services rendered If you need additional information regarding any of these amounts, please contact uc at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date set forth in Paragraph 3 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees, and other fees, as permitted by applicable law. ._a 1 r Under the terms of the Mortgage or Deed of Trust ("Security Instrument') securing your Loan, JPMorgan Chase Bank N.A.("Chase") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due October 1, 2012. 2. As of November 14, 2012, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $2,541.81 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. If you have any questions about the amounts detailed below, please contact us as soon as possible at 800-848-9380. Total Monthly Payments $2,444.26 Late Fees $169.52 NSF Fees $0.00 Other Fees* $0.00 Advances* $55.17 Amount Held in Suspense $127.14 *Other Feec and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for .services rendered If you need additional information regarding any of these amounts, please contact uc at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date set forth in Paragraph 3 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees, and other fees, as permitted by applicable law. If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the telephone number provided below. 3. Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 35 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 4. If you fail to cure the default on or before December 19, 2012, Chase may accelerate the maturity of the Loan, declare all sums secured by the Security Instrument immediately due and payable, and commence foreclosure by judicial proceeding and conduct a sale of the Property. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees, and other expenses permitted by your loan documents or applicable law. 5. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to assert in the foreclosure proceeding the nonexistence of a default, or any other defense to acceleration and foreclosure. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above, due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees, if permitted by law, related to any foreclosure action we initiate. 6. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address fisted below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay or SpeedPay. Payments cannot be made at Chase retail bank branches. Please refer to the addresses below for payment information or contact us if you have any questions. r� Regular Mail: CHASE PO BOX 9001871 LOUISVILLE KY 40290-1871 R .w Overnight Mail: CHASE `, a 6716 GRADE LANE - BUILDING 9 LOUISVILLE, KY 40213-1407 Except as required by law, we are under no obligation to accept less than the full amount awed Ifro you send us less than the full amount owed, we may in our sole discretion apply such partial 4J payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 7. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at 800-848-9380. 8. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection, the property condition, occupancy status, and possibly your plans for curing the default and paying this Loan on time. You should anticipate that any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. Chase offers one-on-one help to borrowers at Chase Homeownership Centers across the country. To find locations and learn more, visit www.chase.com/MyHome or call 866-550-5705. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll-free at 800-569-4287 or at www.hud.gov. Sincerely, Chase _ 800-848-9380 800-582-0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet CJ Important notice to servicemembers and their dependents If you are or recently were on active duty or active service, you may be eligible for benefits and protections under the federal Servicemernbers Civil Relief Act (SCPA). This includes protection from foreclosure or eviction. You may also be eligible for benefits and protections under state law. SCRA and state military benefits and protections also may be available if you are the dependent of an eligible servicemember. Eligible service may include: • Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or Active service as a commissioned officer of the Public Health Service, or • Service with the forces of a nation with which the United States is allied in a war or military action, or • Service with the National Guard of a state militia under a state call of duty, or • Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call Chase Military Services at 866-840-5826. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling 888 -995 -HOPE; 888-9954673. We offer loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at 866-550-5705 to discuss your options. The longer you delay, the fewer options you may have. We are attempting to collect a debt, and any information obtained will be used for that purpose. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR160 Important message from Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications — for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "We can stop your foreclosure!" 1197% success rate!" "Guaranteed to .cave your home!" These kinds of claims are the tell-tale signs of a foreclosure rip-off. Steer clear of anyone who offers an easy out. Don't Pay for a Promise. Don't pay any business, organization, or person who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue companies" claim they can help save your home, but they're out to make a quick buck. Some may request hefty fees in advance — and then stop returning your calls. Others may string you along before disclosing their charges. Cut off all dealings if someone insists on a fee. Send Payments Directly. Some scammers offer to handle financial arrangements for you, but then just pocket your payment. Send your mortgage payments ONLY to your mortgage servicer. Don't Pay for a Second Opinion. Have you applied for a loan modification and been turned down? Never pay for a "second opinion." Imitations = Frustrations. Some con artists use names, phone numbers, and websites to make it look like they're part of the government. If you want to contact a government agency, type the web address directly into your browser and look up any address you aren't sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Pages in your phone directory. Don't click on links or open any attachments in unexpected emails. Talk to a HUD -Certified Counseling Agency — For Free If you're having trouble paying your mortgage or you've already gotten a delinquency notice, free help is a phone call away. Call 1 -888 -995 -HOPE for free personalized advice from housing counseling agencies certified by the U.S. Department of Housing and Urban Development (HUD). This national hotline — open 24/7 — is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry membersiapd _ HUD -certified counseling agencies. For free; " guidance online, visit www.hopenow.coirijor r free information on the President's plan Ld help `- homeowners, visit www.makinghomeaffordable.gov. ; Federal Trade Commission co kA ' fte.gov/MoneyMatters Call 1 -888 -995 -HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETM Hotline — open 24/7 — is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD -certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov /:W/I ■ MAKING HOME AFFORDABLE.wv January 24, 2013 Georgios Mihalopoulos 905 North Dodge Street Iowa City, IA 52245 Re: Property Address: 905 North Dodge Street, Iowa City, IA 52245 Loan Servicer: JPMorgan Chase Bank Loan No. Note Holder: JPMorgan Chase Bank, National Association File No. 153778 Dear Borrower: South & Associates, P.C. 6363 College Boulevard, Suite 100 Overland Park, Kansas 66211 P: 913.6637600 F: 913663-7899 www.southlaw.com We represent JPMorgan Chase Bank, National Association ("Note Holder") regarding the above -referenced Loan. JPMorgan Chase Bank, National Association is the current holder of the Note and owner of the Security Instrument. Due to a default in the payment of a Note dated May 13, 2009 for the above referenced loan and your failure to cure such default as previously demanded, you are notified that the Note Holder elects to declare the entire principal balance in the amount of $90,284.50, due and payable together with interest from September 1, 2012, and other fees and costs, including reasonable attorney's fees. The undersigned, on behalf of Note Holder, demands payment in the amount of $99178.79 to be paid within 14 days from the date of this letter in accordance with Iowa Code Section 654.48. Until the above demand of the entire balance is paid in the form of a money order or cashier's check, payable to JPMorgan Chase Bank, we will continue to take whatever legal steps are necessary to protect Note Holder's interests and to exercise its rights under law without further notice, including, but not limited to, foreclosing the Mortgage which secures this Loan and encumbers the above -referenced Property by initiating a foreclosure action or procedure. Attached is a Counseling and Mediation notice as prescribed by the Iowa Attorney General and as required by Iowa Code Section 654.4B(2). If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. South & Associates, P.C. The Law Firm of South & Associates, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the Law Firm will be used for that purpose. C•J g iiBiT'� Missouri I Kansas I Nebraska I Iowa t -• C•J g iiBiT'� Missouri I Kansas I Nebraska I Iowa Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help a State of Iowa -sponsored program. help Is aI P-1 vailable Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you tall, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your horne from foreclosure. Call 1-877-622-4866 today or go to Iowa MortgageHelp.corn. This free call could save your home. ' % \ Iowa Mortgage Help 1-877-622-4866 w w ,,v. i owa M ortgage Heip.co m 7 his ncb_e 's tone prcvte' as lep-!I" ay Iowa G.be ;e=van 654.4_' January 24, 2013 Georgios Mihalopoulos 2218 Oakleaf Street Coralville, IA 52241-1365 Re: Property Address: 905 North Dodge Street, Iowa City, IA 52245 Loan Servicer: JPMorgan Chase Bank Loan No. � Note Holder: JPMorgan Chase Bank, National Association File No. 153778 Dear Borrower: South & Associates, P.( 6363 (allege Boulevard, Suite 100 Overland Pork, Kansas 66211 F- 913-6637600 F. 913.6637899 www.soulhlaw.com We represent JPMorgan Chase Bank, National Association ("Note Holder") regarding the above -referenced Loan. JPMorgan Chase Bank, National Association is the current holder of the Note and owner of the Security Instrument. Due to a default in the payment of a Note dated May 13, 2009 for the above referenced loan and your failure to cure such default as previously demanded, you are notified that the Note Holder elects to declare the entire principal balance in the amount of $90,284.50, due and payable together with interest from September 1, 2012, and other fees and costs, including reasonable attorney's fees. The undersigned, on behalf of Note Holder, demands payment in the amount of $99178.79 to be paid within 14 days from the date of this letter in accordance with Iowa Code Section 654.46. Until the above demand of the entire balance is paid in the form of a money order or cashier's check, payable to JPMorgan Chase Bank, we will continue to take whatever legal steps are necessary to protect Note Holder's interests and to exercise its rights under law without further notice, including, but not limited to, foreclosing the Mortgage which secures this Loan and encumbers the above-reference(Wroperty by initiating a foreclosure action or procedure. Attached is a Counseling and Mediation notice as prescribed by the Iowa Attorney General and as required by Iowa Code Section 654.4B(2). If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. South & Associates, P.C. The Law Firm of South & Associates, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the Law Firm will be used for that purpose. Missouri I Kansas I Nebraska I Iowa Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa -sponsored program. help is available Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1.877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When .you call, you will be referred to a trained, professional counselor wfi6 will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may he your best chance to save your (tome from foreclosure. Call 1-877-622-4866 today or go to Iowa MortgageHelp.com. This free call could save your home. 04 Iowa Mortgage Help — 1-877-622-4866 www.lowaMortgageHelp.com J f I his ndre ,s telnp prc ced as req_ : -d oy Iowa Code S Jicn 654.45(4 LJ T`J W IDepartment of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act NW Last Name: MIHALOPOULOS First Name: GEORGIOS Middle Name: Active Duty Status As Of: Feb -28-2013 Resutsas d: Fe1,2e201305:47:35 SORA 30 On fictive Duty On Annie Duty status Date A e Duty start Date Mine Duty End Date state: service conlp°^anl NA NA N NA This reentries Wielets the enhinkil a a duty status based on in. Adrve Duty Status Data Left ACWe Duty WMN 357 Days d stains Duty status Data Active Duty start Dtle Adne Duty End Date Stator seance component NA NA N NA This response ieXeets,,te a the ince l left adrve day slalus vithln W7 days arecednlp the Active Duly status Date The Member ar HisMer Unit Was NmSed d a Future Call -Up In Atone Duty to Active Duty status Dab Order NdilioeEon Sort Data OrderNoVent.ri End Data Slates Service compened NA NA N NA This resleonse reflec to IBTer the Ndividual whlNhel unit has re(2ived early iptlml M relenttar ar.9ve duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guild). This status includes information on a Servicememb it or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 1-H7BITT N W O — SV W 1-H7BITT The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (Do D) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DOD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiersand Sailors Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "clefenselink.mil" URL: http:tt w .defenwlink.mil/fagiptsiPCOgSLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duly Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duly on the Active Duty Status Dale. More information on "Active Duty Status" Active duty status as reported in this certificate Is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this Includes service under a call to active service authorized by the President orthe Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for. tive duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is importantlbecause a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: null - - _ -7 J N r.� Department of Defense Manpower Data Center ASL 4a At5 i�issyrppp� i Report ( ate`. 1 1 •'. f Last Name: CHILDS First Name: LAURA Middle Name: Active Duty Status As Of: Feb -28-2013 Resunsasd Feb29301305.5a.et SCRA 30 On Active Duty On Active Outy Sands Data Adttve Duty Start Data Active Duty End Data stands Service Component NA NA N NA This reasoned reflects the udividuabactive duty status based on the Active Duty Status Date Left A.tive Duty Whin W Da dot Active Duty Status Date Actbe Duty Start Date A.tive Duly End Data stand. Service Component NA NA N NA This rasparce reflects nate the iMnldual ten active duty status vtthhn 3e7 days precadirg flue Acme Duty Status Date The Membra a NisAler UM Was NaUfied of a Future Ca&Up b Ac4+e DW on Active Duty Smtus Deb atian Start Dale Did., N,,f;Order Notificrtan End Ort. status aarvNe Dompenent NA NA N NA This response mORla v honer Me h drvkuel is hMter unit he, raoe,vetl or halides- to repo - f x active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 N- d '- UI w N- The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (Do D) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any Information indicating that the individual is currently on active duty' responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:/www.defenselink.milifaq/pis/PC09SLDR,htm]. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duly Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Dale (3) Whether the individual or hisrher unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duly status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duly periods less than 30 consecutive days In length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This Includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duly commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duly records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. �`. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous Information will cause an erroneous certificate to be provided. Certificate ID: null N O W L'1 - N W bepartihent of Defense Manpower Data Center 40 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: CRONBAUGH First Name: DEANNA Middle Name: Active Duty Status As Of: Feb -28-2013 Rearnsasol Fe1,2&2o13U55941 SCRA30 On Ac4ve Duty On Ac1iWe Duty Saws Dale Active Duty Sart Deb Ache Duty End DateStatus NA NA N Seri. component NA NA N NA This response reflects the individuals' acute duty atmos based on the Active Duty Status Date Lea Acave Daft All o62 Days of Active Duty Status Date Active Duty Sart Data, nerve Duty End Dab Status Service component NA NA N NA This respase reflects v i the IMivaual telt active dust setas Minh ad] days preorni the AGrve Duty Status Date The Membar or Hisi Unit Wes Notified of e Future Calf -Up to nova DW on Acdae Duty Status Date Order Notifaation Start D#e Order Notifaatan End Data Sor service component NA NA N NA This respgpe reaecls v hither the individual or intoner unit has received early rrotJcation b report for ii Ne duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ^ C� `% •..ter Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center --p 4800 Mark Center Drive, Suite 04E25 - — 7. r�_ Arlington, VA 22350 .� N The Dellsnse Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate, In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:// v.defenselink.miVfaglpis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status dale and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duly periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(p for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orderslo report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: null 0 �: 0 END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540-(319)356-6030 PLAINTIFF: TSB HOLDINGS Docket No 13-00821 State IOWA vs. Court No EOCV075292 County JOHNSON DEFENDANT: CITY OF IOWA CITY Ref No I j Received 0 211 9/2 01 3 Requestor(s) Phone ADVANCE FEES PAID AFFELDT,JAMES W (319) 362-2137 ELDERKIN & PIRNIE PLC, 316 2ND ST SE #124, CEDAR RA Name ICITY OF IOWA CITY Party Type IDEFENDANT Address C/O MARIAN KARR 410 E WASHINGTON ST 0WA CITY E -Mail Employer Comments MNI Information Race Birth Date Height Eyes Notes Zone Phone Fax Documents Document Serve by Date OE PSR Description / Special Instructions ORIGINAL NOTICE AND ❑ ❑ PETITION Service Information �� (( Date �„� ��-t Time Type Party G�,�rCw� ���✓`� Relationship�ll� I Le C IQ(/ Race Sex _� DOB Location '1 I V C qq&C'f)ro b", Miles \ Fee Officer 2 Attempts Log Date Time Server Notes Date Time Server Notes Notes: Printed: Tuesday, February 19, 2013 Johnson County Sheriffs Office Page 1 of 1 -94u IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY TSB HOLDINGS, L.L.C. and 911 N GOVERNOR, LLC, Plaintiffs, vs. CITY OF IOWA CITY, IOWA, Defendant. TO THE ABOVE-NAMED DEFENDANT: NO. EQCV1( / If ourt due to a disability, T �i ablitycoordinator at 319-398.3920.XII c S Persons who aro hearing or speech Impaired may call Relay Iowa TTY (1-800-735.294). O UMIlly coardloalors =net provide legal advice. You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The attorneys for the plaintiffs is James W. Affeldt, whose address is 316 2nd Street SE, Suite 124, P.O. Box 1968, Iowa City, IA 52406. The attorney's phone number is 319-362-2137: facsimile number is 319-362-1640. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. IT you require me assistance or es w erruaPaie I a disability, immediately call your di - a hearing im e ay Iowa TTY at 1-800-735-2942.) A. BERXI,EV CI of the Above Court r (J' �Co ty Courthouse Iowa City. Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY TSB HOLDINGS, LLC, and 911 N GOVERNOR, LLC, Plaintiffs, vs. CITY OF IOWA CITY, IOWA, Defendant. NO. EOCV G yys� CP PETITION PETITION FOR DECLARATORY �G T A JUDGMENT AND TEMPORARY INJUNCTION COUNT I— PETITION FOR DECLARATORY JUDGMENT Come now the Plaintiffs and state: 1. Plaintiff, TBS Holdings, LLC, is a limited liability corporation organized and existing under the laws of the state of Iowa and doing business in Iowa City, Johnson County, Iowa. 2. Plaintiff, 911 N Governor, LLC, is a limited liability corporation organized and existing under the laws of the state of Iowa and doing business in Iowa City, Johnson'County, Iowa. 3. Defendant City of Iowa City, Iowa is a municipality organized under the laws of the State of Iowa. 4. Plaintiff, TBS Holdings, LLC, is the owner of property on North Dodge Street, Iowa City, Iowa, legally described as follows: All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE '/A of Section 3, Township 79 North, Range 6 West of the 5`h P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE % of Section 3, Township 79 North, Range 6 West of the 5`h P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE '/4 of Section 3, Township 79 North, Range 6 West of the 5`" P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49, thence West on the south line of said Lot 49 to the place of beginning. 5. Plaintiff, 911 N Governor, LLC, is the owner of property on North Governor Street, Iowa City, Iowa, legally described as follows: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. 6. The current zoning classification for the property owned by TBS Holdings, LLC, and the property owned by 911 N Governor, LLC was established pursuant to the ruling of the Iowa Supreme Court in Kempf v. City of Iowa City, 402 N.W.2d 393 (Iowa 1987) and the Supplementary Orders on Remand entered by the Johnson County District Court in that matter dated August 21, 1987, attached as Exhibits A and B, respectively; the Supplementary Orders on Remand provided in part as follows: " The 1978 rezoning of the following undeveloped properties in Iowa City, Johnson County, Iowa, was unreasonable, arbitrary and capricious: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey,'s'.Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE '/4 of Section 3, Township 79 North, Range 6 West of the 5`" P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE '/4 of Section 3, Township 79 North, Range 6 West of the 5'" P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE Y< of Section 3, Township 79 North, Range 6 West of the 51" P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet, thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49, thence West on the south line of said Lot 49 to the place of beginning. The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions applicable to the R38 zone in effect on May 30, 1978, prior to the rezoning of said real estate which was finalized on June 28, 1978. It is further ORDERED that the City's Large Scale Residential Development Ordinance shall not apply to development of those properties. The City is and shall be enjoined from interfering with development of those properties as herein provided. Once a use has been developed or established on any of the above- described properties, further development or redevelopment of that property shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken." 7. Plaintiffs have used the property owned by each Plaintiff in accordance with the ordinances and permitted manners of use previously established by the various rulings and orders. 8. Plaintiff, TBS Holdings, LLC, has attempted to obtain a building permit to allow the construction of three apartment/condominium groupings on the property, comprising seventy-two units, which construction would comply with the zoning and court orders currently in effect; see Site Plan and Application submitted to the City of Iowa City for the site plan attached hereto marked Exhibit "C". 9. Defendant has denied Plaintiff's, TBS Holdings, LLC, attempt to obtain such a permit. 10. Defendant is currently attempting to rezone the property in a manner,that will preclude Plaintiffs from making use of the property as provided for in the ruling of the Iowa Supreme Court in Kempf v. City of Iowa City and the Supplementary Orders on Remand , attached as Exhibits B and C, respectively. 11. An actual controversy exists between these parties as to the validity and application of the proposed zoning changes given the previous Court orders relating to the property. 12. Unless restrained, Defendant will cause irreparable injury to Plaintiffs' rights, for which Plaintiffs will have no adequate remedy at law. 13. This Petition has not been presented to or refused by any judge or justice. Wherefore, Plaintiffs request: a declaratory decree adjudging the Defendant may not alter the zoning of the property, and that if the Defendant does so, that the altered regulation is, to the extent it applies to the property, unconstitutional and void; that the Court enter a temporary injunction restraining Defendant from altering the zoning of the property until a hearing has been held; for such other relief as the Court deems just and equitable; and the costs of this action. COUNT II PETITION FOR TEMPORARY INJUNCTION Come now the Plaintiffs and state: 1. Plaintiffs replead and incorporate herein paragraphs 1-7 of Count I the same as if fully set forth verbatim herein. 2. Defendant is currently attempting to rezone the property in a manner that will preclude Plaintiffs from making use of the property as provided for in the ruling of the Iowa Supreme Court in Kempf v. City of Iowa City and the Supplementary Orders on Remand , attached as Exhibits B and C, respectively. 3. Unless restrained, Defendant will cause irreparable injury to Plaintiffs' rights, for which Plaintiffs will have no adequate remedy at law. 4. Plaintiff has never filed a request for the relief sought herein, or any part hereof. 5: No petition for the relief sought herein has been previously presented to and/or refused by any court or justice. WHEREFORE, Plaintiff requests that the Court fix a date, time and place of hearing on this Petition and provide for notice thereof to be given to Defendant, and that at said hearing the Court enter an Order enjoining and restraining the Defendant from altering the zoning of the property until a hearing has been held; for such other relief as the Court deems just and equitable; and the costs of this action. ELDERKIN & PIRNIE, P.L.C. BY: 11a,,A�i wa/ Jamey W. Affeldt AT004 316 d Street SE, Suite 124 P.O. Box 1968 Cedar Rapids, IA 52406-1968 Telephone: (319) 362-2137 Facsimile: (319) 362-1640 Email: iaffeldt(a�elderkinoimie.com ATTORNEYS FOR PLAINTIFFS IMstlaw 402 N.W.2d 393 (Cite as: 402 N.W.2d 393) N Supreme Court of Iowa. Wayne KEMPF, Kenneth L. Albrecht, Gover- nor -Dodge Street Rentals, and Earl Yoder Construc- tion Co., Appellees, V. CITY OF IOWA CITY, Iowa, Appellant. No. 85-1876. March 18, 1987. Rehearing Denied April 9, 1987. Owner of four -acre tract of land, zoned for office buildings and high density, multifamily residential housing, challenged rezoning of portion of tract which prevented owner's planned improvement of tract from being completed. The District Court, Johnson County, August F. Honsell, Jr. and Harold J. Swailes, JJ., in- validated "down zoning" ordinance as applied to the tract and restored the former zoning. City appealed. The Supreme Court, Reynoldson, C.J., held that: (1) "down zoning" ordinance, stripping batt of its origi- nal zoning designation and rezoning tract into four different zoning designations, was not void, yet its application to tract was unreasonable, but (2) ordi- nance might still be applied to tract if owner were permitted to proceed with development of apartment buildings to extent that such buildings conformed to zoning ordinances in effect prior to enactment of "down zoning" ordinance, with exception of contro- versial large-scale residential development ordinance, which was inapplicable. Affirmed in part, reversed in part, and remanded. Wolle, J., dissented and filed opinion. West Headnotes L11 Zoning and Planning 414 X1676 414 Zoning and Planning 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions and Burdens 414kl676 k. Validity of regulations in generalMost1 _4tl 9�p±� (Formerly 414672) Zoning ordinances carry with them tr strong pre- sumption of validity. LU Zoning and Planning 414 0�1687 4j 4 Zoning and Planning 414X Judicial Review or Relief 414 Scope of Review 414X(C)3 Presumptions and Burdens 4141684 Burden of Showing Grounds for Review 414k1687 k. Arbitrary, capricious, or unreasonable nature of regulations. Most Cited Cases (Formerly 414k682) Individual asserting invalidity of zoning ordi- nance has burden to demonstrate its unreasonable, arbitrary, capricious, or discriminating nature. U1 Zoning and Planning 414 E.`+— 1039 414 Zoning and Planning 41411 Validity of Zoning Regulations 41411(A) In General 4141039 k. Police power, relation to. Most Cited Cases (Formerly 41426) Right of municipality exercising state's delegated police power in zoning resolutions does not extend to violation of fundamental rights set out in either United States or Iowa Constitutions. 141 Eminent Domain 148 E X2.10(5) 148 Eminent Domain 1481 Nature, Extent, and Delegation of Power 148k2 What Constitutes a Taking; Police and Other Powers Distinguished 148k2.10 Zoning, Planning, or Land Use; Building Codes 148k2.10(4) Zoning and Permits 148k2.10(51 k. In general. Most Cited C 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. 402 'N. W.2d 393 (Cite as: 402 N.W.2d 393) Cases (Formerly 148k2(1 2)) Zoning, however meritorious from pubh�.', povil of view, can never be used as substitute fix eminent domain. L51 Eminent Domain 148 f=�'2.10(5) 148 Eminent Domain 1481 Nature, Extent, and Delegation of Power 148k2 What Constitutes a Taking; Police and Other Powers Distinguished 148k2.10 Zoning, Planning, or Land Use, Building Codes 148k2.10(4) Zoning and Permits 148k2.IOff) k. In general. Most Cited Cases (Formerly 148k2(1.2)) Case in which zoning regulation becomes so op- pressive that it allegedly results in a taking requires a balancing process, weighing public good achieved by zoning regulation against hardship on complaining property owner. 161 Zoning and Planning 414 x1159 414 Zoning and Planning 414111 Modification or Amendment; Rezoning 414111(A) In General 414k1158 Particular Uses or Restrictions 414k1159 k. In general. Most Cited Cases (Formerly 414167.1, 414067) Application of "down zoning" ordinance, strip- ping four -acre tract of land in question of original zoning designation for office buildings and high den- sity, multifamily residential housing and rezoning tract into four different zoning designations was un- reasonable and, thus, invalid, where lots in remaining 2.12 acres of tract could not be improved, under or- dinance, with any development which would be eco- nomically feasible. M Eminent Domain 148 X2.10(5) 148 Eminent Domain 1481 Nature, Extent, and Delegation of Power Page _2 14 > What C'UnStitUICS a faking; Pulicc and (ether Powers Distinguished 14EILQ Zoning, Planning, or Land Use, Building Codes l ),' &4) Zoning and Permits 148k2.10(5] k. In general. MQgl � Cases (Formerly 148k2(1 2)) 'Coning and Planning 414 X1055 4_L4 Zoning and Planning 41411 Validity of Zoning Regulations 41411(A) In General 4141055 k. Deprivation of properly. Most Cited Cases (Formerly 414 40) Property owner does not necessarily have remedy if zoning regulation merely deprives owner of most beneficial use of his or her property; however, frus- tration of investment -backed expectations may amount to a "taking" of owner's propert y. Lgl Zoning and Planning 414 at 159 414 Zoning and Planning 414111 Modification or Amendment; Rezoning 414111(A) In General 4 t4k1158 Particular Uses or Restrictions 414k1159 k. In general. Most Cited Cases (Formerly 414k 167.1, 414k167) Even though application of portion of "down zoning" ordinance to four -acre tract of land in ques- tion was invalid, remaining portions of ordinance might still be applied to tract, provided, however, that owner was permitted to proceed with development of apartment buildings to extent that such buildings conformed to zoning ordinances in effect prior to enactment of "down zoning" ordinance, with excep- tion of controversial large-scale residential develop- ment ordinance, which was inapplicable to the tract; city was enjoined from prohibiting such use of the tract by owner, but further development or redevel- opment of tract beyond that contemplated by owner as shown by the record, whether carried out by owner or future owners, would be subject to "down zoning" ordinance. ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.. `, 402 N.W.2d 393 (Cite as: 402 N.W.2d 393) *394 Richard J. Boyle, Asst City Atty., Iowa Cily, lin appellant. *395 Ronald W. Wendt, Cedar Rapids, for uppellces. Considered by REYNOLDSON, C.J., and HARRIS, WOLLE, LAVORATO, and NEUMAN, JJ. REYNOLDSON, Chief Justice. The unusual circumstances of this case require us to mark the obscure line that sometimes protects a landowner's right to hold and utilize property against a city's power to change zoning regulations. Except when it is necessary to distinguish them, we refer to plaintiffs Wayne Kempf, Kenneth L. Albrecht, Gov- emor-Dodge Street Rentals, and Earl Yoder Con- struction Co. collectively as Kempf Kempf purchased a four -acre tract in Iowa City, zoned for office buildings and high density, mul- ti -family residential housing. Relying on a city study concluding such uses should be expanded in the area, Kempf substantially improved the tract and con- structed an office building and the first of five apart- ment structures. The city then rezoned the remaining area so that the planned improvement could not be completed. Kempf brought action challenging the rezoning. Trial court, sitting in equity, invalidated the ordinance as applied to the Kempf property, and re- stored the former zoning. The city has appealed that decision. We affirm in part, reverse in part, and re- mand to the district court. This case was tried in equity and decided under equitable principles. Thus we treat the proceeding as equitable in nature and our review is de novo. See Iowa R.Apo.P. 4; see also Stone v. City of Wilton, 331 N.W.2d 398. 401 (Iowa 1983); Incorporated City of Denison v. Clabaugh. 306 N.W.2d 748. 751 (Iowa 1981 . We give weight to trial court's fact -findings but we are not bound by them. Iowa R.App.P. 14(fl(7). In our de novo review we find the following facts, which essentially are those found by the trial court. At the outset the property involved in this controversy comprised seven unimproved platted lots or parts of lots, zoned R3B, lying between North Dodge Street and North Governor Street in the near north side of Iowa City. In all, the property was approximately four hlgc 1 acres in site We find these lots probably were as- signed a 8311 intense zoning designation because their rugged and wooded terrain significantly increased the cost of development, staking it economically unfea Bible it) develop them for less imense, relatively low income producing uses like single-family or duples residential housing. In about 1962 a comprehensive plan established for the near north side determined this was an area of deteriorating houses and the arca should become more dense in population. In January 1968 the city finalized and published -11 he North Side Study," the introduction to which proclaimed it included "statements which establish a 'policy framework' to guide development decisions, both public and private." The stated "basic purpose [of the report was] to formulate a body of policy to guide the development of the northern sector of the com- munity," and it was specifically pointed out that "[mlany persons, particularly those directly involved in development, will appreciate knowing in advance where the City stands with regard to various devel- opment proposals." With respect to the area of deteriorating housing and the vacant lots involved in this controversy, the study stated: A "transition area" is proposed between North Governor Street and Dodge Street [to] be estab- lished by rezoning this area to R3 (except for the area that is now zoned R3R ). This could provide an orderly transition from the older established resi- dential areas to the newer areas and would promote the desirability of this area for gradual redevelop- ment. (Emphasis added.) Further, Medium to high density housing is proposed for the older established area between North Governor and North Dodge Street[s].... *396 The use of planned area developments by developers will be encouraged. Tb,is is -possible because of the present stingle ovintrship of.large ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. .1 402 N. W.2d 393 (Cite as: 402 N.W.2d 393) tracts of land in the study area. Finally, the report proposed the niedium-high density land use in the area be increased from 38 acres to 226 acres. An accompanying map disclosed the proposed land use of the subject property would be for medium to high density housing. This North Side Study was made available for potential developers. Kempf did consult and rely on the study, as well as the R3B zoning, when he paid $65,000 for the property in May 1972 for high density residential development purposes. In the year of purchase Kempf commenced ex- tensive site development. Ne removed all trees and brush after determining there were no good trees on the premises. Storm sewerage, which had crossed the property in an open ditch, was replaced with a city -inspected storm sewer, including an eight- een -foot -deep catch basin to direct water into the system. Kempf also filled and graded the area, which had a twenty -foot fall and a deep ravine varying from ten to eighteen feet in depth. Water, sanitary sewer, and electricity were brought to the project. In all, Kempf invested a total of approximately $114,500 in land purchase price and preliminary site improve- ments. The contemplated apartment construction was temporarily delayed when Kempf successfully bid on a lease to Johnson County of a social services building to be constructed on three of the small lots. This was a permitted R3B zone use. The city granted a building permit. The improvement was commenced in the fall of 1973 and completed in the spring of 1974. In 1985 the social services building had an assessed valuation of $308,738. At the time of this construction water, electricity, sewer, and a storm sewer were extended to proposed locations for various apartment buildings to be constructed under the overall plan. In 1974 Iowa City issued the "R3A Area Study." This study included the center of the city, but also extended to and encompassed Kempfs property. Although the publication expressed a concern that there were "insufficient controls over multiple hous- ing in residential districts," Kempfa lots were desig- nated as zoned R3B on maps showing both present and proposed zoning, and were not designated on another map purporting to show "special problem I'ugc d Decemher I976, as a second development phase of the property, Kempf contracted with Earl Yoder Construction ('u. (Yoder) to build a twenty-nine unit apartment building on part of one of the larger lots Yoder applied for and obtained a building permit on December 13, 1976, and the work commenced. Several properly owners in the neighborhood, including an ex -mayor of the city, commenced vig- orous protests, Because the city attorney owned property "in close proximity" to the Kempf lots, he designated assistant city attorney AngelaRyan to cope with the legal aspects of the controversy. Several of the city staff persons, including Ryan, took the posi- tion Kempf had failed to comply with the Large -Scale Residential Development ordinance (LSRD) because the total tract was more than two acres eet The two staff persons most directly involved in granting city building permits, Bowers and Siders, disagreed. FN 1. The city attorney later entered a written appearance for the city in this litigation in district court, but there is no indication he took an active part. FN2. If applicable in a situation like this where the property already was platted into lots, the ordinance would require the builder to go through a number of expensive steps in an attempt to secure city approval. January 19, 1977, Ryan drafted and forwarded a letter to Kempf asserting the applicability of LSRD to the project and requesting that construction be stopped voluntarily until the city decided on its course of ac- tion. *397 January 20, 1977, Kempfs then attorney by letter replied that construction would be halted on the condition such action would have no bearing on any future damage claim. At that point Yoder had $41,110.40 of his own money in foundation, footings, materials, and other expenses. In an obvious move to moot the legal controversy, Kempf, in an arm's-length transaction on February 4, 1977, sold the portion of the lot upon which the building was being constructed to Yoder, with the agreement the latter }would take the risk it might not be completed! 0 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. 402 N. W.2d 393 (Cite as: 402 N.W.2d 393) February 9, 1977, the city officially revoked Kempfs building permit. -1 wu clays later, Yoder noti- fied the city of its intention to resume construction February 14, 1977, this action was commenced, seeking declaratory and injunctive relief as well as damages. February 15, 1977, Yoder applied for a building permit; its request was denied the next day. March 3, 1977, the district court, Judge August F. Honsell, Jr., presiding, found there was an actual in- vestment of more than $79,000 in labor and materials installed and on hand for the building, and additional contract commitments in excess of $126,000. The court ordered that a writ of temporary injunction be issued, restraining the city from preventing further construction on the twenty-nine unit apartment building. March 17, 1977, the matter of a permanent in- junction came on for hearing, Judge Honsell again presiding. The court found that the property had been im- proved in the first year after purchase as above indi- cated, and that on April 18, 1974, the city had issued a certificate of occupancy on the social services build- ing constructed on a portion of the tract. Trial court further found that in the latter part of 1976 Kempf contacted Bowers of the city's building department and showed him a survey of the entire tract "indicating that it was the partnership's desire to erect a 29 -unit apartment building on a subdivided portion thereof which would be less than two acres in size." Later in the day Bowers "orally communicated to ... Kempf that the [apartment] building could be erected on a subdivided portion of the land." The court found the contract was entered into with Yoder, which company incurred the interim expenses above mentioned. This subsequent sale to Yoder "was an arm's-length transaction made upon the advice of independent counsel representing the parties involved." The court found these transactions were made in good faith and for the purposes asserted. The city was enjoined from preventing further construction and directed to issue a building permit to Yoder. The court reserved the other issues in the case, including damages, for further hearing. Page S In a pretrial statement lator tiled in the case, the city staled it would not curled findings made by the court as a result of the March 17 hearing. The city did not attempt to appeal from that decision, nor does it now. From the combined testimony of city employees Ryan, Bowers, and Siders, we find the city was never misled nor misinformed about the size of the tract nor Kempfs plans for it when the city issued the permits for the social services building and the twenty-nine unit apartment. After being delayed by the city, Yoder completed construction of the apartment building in July 1977, This was too late for rental to University of Iowa summer students. Before further development of the property could be commenced, the city imposed a moratorium on all construction other than sin- gle-family and duplex development. Although the moratorium covered a wider area than Kempfs tract, the moving cause appears to be the protest of several people in the area, whom Ryan characterized as "ve- hement." This pressure became so great that the city, without waiting for a new comprehensive plan adopted on May 30, 1978, commenced proceedings to change the zoning of the Kempf property and several other tracts. Despite Kempfs formal protests, the city, by final action on June 28, 1978, stripped the R3B zoning designation from the Kempf tract, rezoning it into "398 four different designations. The social ser- vices building lots were zoned CO (commercial office use); a portion of another lot was zoned R3A to allow for the twenty-nine unit apartment building; the bal- ance of that lot was zoned R3, allowing multi -family development but requiring 3000 square feet per unit; and the remaining lots were zoned R2, allowing only single-family and duplex development. This action was taken despite Ryan's legal advice that the council members had "to have a zoning classification that will allow people a reasonable use," which she submitted with copies of several of our relevant decisions. Kempf later filed an amendment to the original petition filed in 1977. Kempf asserted the city's action in rezoning the tract constituted an arbitrary, capri- cious, and discriminatory act having no relationship to public health, safety, or welfare, and the rezoning constituted an unconstitutional "taking" entitling him to damages. The controversy finally came on;for trial com- ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works;`: J _ ,1Q 402•N. W.2d 393 (Cite as: 402 N.W.2d 393) mencing May 6, 1985, .fudge Ilaruld 1 Swailes pre siding. KempPs expert valuation witness testified the area remaining in the tract after construction of the office building and the twenty-nine unit apartment was about 2.12 acres; that with R3B zoning (permit- ting a family unit for every 750 square feet) this would generate about 123 apartment units. After the down - zoning, this witness testified the maximum use would be a nine unit apartment building located on part of one lot and a duplex on another lot. lie placed the "before downzoning" value of the 2.12 acres at $200,000, the "after" value at $52,000. The above testimony, however, indicated the witness did not take into consideration the economic feasibility of such limited construction, given the investment in the lot made by Kempf in reliance on "The North Side Study" and the R3B zoning when the development was started. Earl Yoder, Wayne Kempf, and Kenneth L. Albrecht all had extensive experience as building contractors in Iowa City. All testified building a nine unit apartment and a duplex would not be economically feasible; the cash flow income would not retire the debt; nor would lending agencies be willing to loan for such purposes in these circum- stances. We find this testimony to be thoroughly credible. We further fmd, as did trial court, the evi- dence demonstrates there would be no market for single-family or duplex residences on the remaining Kempf tract lying behind the social services office building and beside the twenty-nine unit apartment building already constructed in the course of the de- velopment. Trial court found the city's action in interrupting construction on the twenty-nine unit apartment building was unreasonable, arbitrary, and capricious and "constituted a tort for which liability is imposed under Chapter 613A of the Code of Iowa." The court found the damages to be in the amount of $7,483.13, and rendered judgment in that amount against the city. The record reflects the judgment has been paid. The city makes no complaint about this facet of the case in this appeal. Trial court further found the city's spot down - zoning of the Kempf tract was arbitrary, capricious, unreasonable, and unrelated to interests of public health, safety, welfare, or morals. The court further Page 6 found it w,r, not required to determine whether the tuning change was an uncomtitutiunal '•laking'• be cause it was restoring the tract to its runner R3B zoning classification Ilse ,taking" issue, however• was reserved for future resolution in the event the city refused to issue building permits in accordance with the provisions of the prior zoning ordinance, which classified this property as R3B. In this appeal the city asserts trial court's ruling was erroneous because Kempf did not overcome the strong presumption of validity of the ordinance that rezoned the tract the city's fallhack position is its contention that even if the court did not err in this regard, the court improperly imposed a zoning status that no longer exists. "399 LLJL2J I. The applicable legal principles in cases like this are well established, the difficulty arises in their applications. Zoning ordinances, like other legislative aids, carry with them a strong presumption of validity. As a result, an individual asserting the invalidity of a zoning ordinance has the burden to demonstrate its unreasonable, arbitrary, capricious, or discriminating nature. City of Lamoni v Livingston 392 N.W.2d 506 511 (Iowa 1986); Anderson v. Clty of Cedar Rapids, 168 N.W.2d 739. 742 (Iowa 1969). Existing zoning restrictions are "subject to reasonable revisions with changing community conditions and needs as they appear." Anderson 168 N.W.2d at 743: see Keller v City of Council Bluffs. 246 Iowa 202, 207-08 66 N.W.2d 113, 116 (1954). L11 On the other hand, the right of a municipality exercising the state's delegated police power in zoning resolutions does not extend to the violation of fun- damental rights set out in either the United States or Iowa constitutions See Kasparek v Johnson County Board of Health 288 N.W.2d 511. 517-18 (Iowa 1980); Business Ventures Inc. v Iowa City, 234 N.W.2d 376,381-82 (Iowa 1975); 8 McOuillin, Mu- nicipal Corporations & 25 42 at 101 (3d ed. 1982). Kempf has pleaded the city's actions violated his rights under the Iowa Constitution, article I. section I ("All men ... have certain inalienable rights -among which are those of ... acquiring, possessing and pro- tecting property....."), section 18 ("Private property shall not be taken for public use without just com- pensation first being made...."), and the United States Constitution, fifth amendment ("nor shall private property be taken for public use, without just com- • J ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. r 402' N. W.2d 393 (Cite as: 402 N.W.2d 393) pensation"). In this connection we have cautioned against the inevitable danger referred to by Mr. Justice Holmes in Pennsylvania Coal Co. v. Matron 260 U.S. .193 415-16, 43 S.Ct. 158, 160.67 LEd. 322.326 119221: The protection of private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation. A similar assumption is made in the decisions upon the Fourteenth Amendment. When this seemingly absolute protec- tion is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification more and more until at last private property disappears. But that cannot be accom- plished in this way under the Constitution of the United States. ... We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change. Business Ventures, Inc., 234 N.W.2d at 383 (ci- tations omitted). 141 Zoning, however meritorious from the public's point of view, can never be used as a substitute for eminent domain. F. H. Uelner Precision Tools & Dies Inc. v. City of Dubuque, 190 N.W.2d 465. 469 (Iowa 1971). Here, simplistic rules are neither available nor would they be helpful. "The point at which police power regulation becomes so oppressive that it results in a taking is impossible of general definition and must be determined on the circumstances of each case" Woodbury County Soil Conservation District v. Ortner- 279 N.W.2d 276.278 (Iowa 1979). In the final analysis, "the power to zone is not unlimited. It must be reasonably exercised, in furtherance of the public safety, health, morals and welfare." Uelner. 190 N.W.2d at 468: see Keller, 246 Iowa at 209 66 N. W.2d at 117 ("Property cannot be confiscated under the guise of police power. Thus an ordinance may be valid in its general aspect and at the same time be clearly arbitrary and unreasonable as applied to a particular state of facts."). 15] Often these cases require a balancing process, Page 7 weighing the puhlic good achieved by the toning regulation against the hardship on the complaining property owner Rid Lldtm,_ 124 N:W_ld ALAO ("1011timatel) the question is whether the hardship upon plaintiffs is overborne by «400 the public good resulting front inclusion of their properties in the re- zoned area."); &v") ryL2&✓) N,W,%d. 0777.1$ A facet of this balancing analysis may be the de- termination whether the property owner has "vested rights" that stand against a zoning change, I he vested rights concept is a part of the balanc- ing of the respective legitimate interests of the pri- vate property owner against those of the general public, keeping in mind that legitimate and valuable expenditures in connection with the use of an af- fected tract or business conducted on it, before imposition of the regulation, may create a property right which cannot be arbitrarily interfered with or taken away without just compensation. Itasoarek 288 N W 2d at 518 see Incorporated Town of Carter Lake v Anderson Excavating & Wrecking Co 241 N W 2d 896, 902 (Iowa 1976); Board of Supervisors v Paaske 250 Iowa 1293, 1296-1300 98 N W.2d 827, 829-31 (1959). Were we to apply the usual balancing test or even the more specific vested rights analysis in the cir- cumstances of this case, the scales would tilt toward Kempf The record discloses admissible testimony the downzoning of the tract in question would not con- tribute to public health, safety, or welfare. The open invitation the city extended in "The North Side Study" to proceed with such developments carries with it the plain conclusion there would be no adverse impact on city streets or utilities, nor does the city argue other- wise. The large investment Kempf made in filling, grading, and bringing in utilities for the whole tract in reliance on the zoning and the city's study would provide substantial support for application of the vested rights principle. L6] Under this record, however, we are not re- quired to develop that analysis because a more limited test controls our determination. The overwhelming evidence discloses the lots in the remaining 2.12 acres of the Kempf tract cannot be improved with any de- velopment that would be economically feasible. For this reason we find that application of tbq downzoning ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. t`.n 402*N. W.2d 393 (Cite as: 402 N.W.2d 393) ordinance to the lots in the 2.12 acres would be un reasonable. f7l The relevant principle is found in Mel%U111111 Where it appears that under existing zoning re- strictions property must remain for an unpredictable future period unimproved, unproductive and a source of expense to the owners from heavy taxes, the zoning ordinance is unreasonable as to such property. 8 McOuillin. Municipal Corporations § X45, at 122; see Business Ventures- Inc.. 234 N.W.2d at 382; Petersen v. City of Decorah 259 N.W.2d 553, 554 (Iowa Ct.App.1977). Undergirding this rule is the concept that in these situations there is, in effect, an unconstitutional taking. Although a property owner does not necessarily have a remedy if the police reg- ulation merely deprives the owner of the most bene- ficial use of his or her property, see Stone v. City of Wilton. 331 N.W.2d 398. 404 (Iowa 1983); Ortner. 279 N.W.2d at 279 frustration of investment -backed expectations may amount to a taking, see Agins v. Ciry of Tiburon 447 U.S. 255.260. 100 S.Ct. 2138, 2141, 65 L.Ed.2d 106. 112 (1980) ("The application of a general zoning law to particular property effects a taking if the ordinance ... denies an owner economi- cally viable use of his land.") (citations omitted); Block v. Hirsh 256 U.S. 135, 156.41 S.Ct. 458.460. 65 L.Ed. 865. 871 (1921) ("[T]here comes a point at which the police power ceases and leaves only that of eminent domain...."); Osborn v City o f Cedar Rapids 324 N.W.2d 471, 474 (Iowa 1982) ("Plaintiffs' claim comes down to an assertion that they are in effect left with a hollow title to some of their land, that the public has in effect taken its use away from them"); Kasoarek 288 N.W.2d at 519 ("[Iln the instant case, plaintiffs and intervenors merely seek to complete their ongoing subdivision projects for which their property was appropriately zoned at all relevant times.") (emphasis in original); Ortner. 279 N.W.2d at 278 ("Even the exercise of police power, however, may *401 amount to a taking if it deprives a property owner of the substantial use and enjoyment of his property."); Phelps v. Board of Supervisors. 211 N.W.2d 274.276 (Iowa 1973) ("However, a `taking' does not necessarily mean the appropriation of the fee. It may be anything which substantially deprives one of the use and enjoyment of his property or a portion thereof."); Paaske 250 Iowa at 1299-1300. 98 I'ag,c 8 N: Wsls11 il31, 6rgle7, 2441>>Wuul Ylit,4(iN 1 �s1..01 I I$ ("[III- the only reasonable use of the property is seriously affected by the zoning ordinance, the owner should be entitled to Nlief...."), E0111t0bie Buildhty (-"),.v__Ob. Vj &.1ul 1dh, 67 Mich App._223, 221-28. 2-4-0-.N W 2d 489 492 (1976); Micron v City. t/ d'ggng, 121.N.11�.590. 59."3-2 A 2d I5, 19 (1981). We agree with the trial court that application of the June 28, 1978, zoning ordinance to Kempfs un- derdeveloped lots and portions of lots would be un- reasonable and therefore invalid. We are left with the question of the present and future status of these lots and portions of lots. II. Trial court, having arrived at the same con- clusion we have reached in the last division, ordered that "these premises be returned to the R3B zoning in effect at the time of enactment of said amended zoning ordinance." Inadvertently picking up a different or- dinance number from an exhibit, the court declared. "Defendant's Ordinance No. 78.2900 [is] ... illegal, null, and void as to [Kempfs] premises." Apparently the ordinances involved here were numbered 78-2901 through 78-2906. Trial court was not provided an opportunity to make a correction. The city vigorously argues the whole prior zoning ordinance was repealed; the court could not restore the property to a zoning classification that no longer ex- ists, and in any event should not exercise a legislative power by mandating zoning classifications. Kempfs main assertion is that continued development of the property as allowed by the pre -1978 zoning should be permitted. [81 In view of these contentions, we hold that or- dinances numbered 78-2901 through 78-2906 may apply to the Kempf property, provided, however, that Kempf shall be permitted to proceed with the devel- opment of apartment buildings, as shown by the rec- ord in this case, to the extent that such buildings conform to the ordinances in effect prior to the 1978 rezoning, with the exception of the controversial LSRD ordinance, which we hold inapplicable in this situation. The city shall be enjoined from prohibiting this use of the property by Kempf. Further develop- ment or redevelopment of the property beyond that contemplated by Kempf as shown by this record and noted in this opinion, whether carried out by Kempf or future owners, will be subject to the,,amended ordi- ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works; r, N 402' N. W.2d 393 (Cite as: 402 N. W.2d 393) minces above designated. Support for this disposition, which neither leaves the property unzoned nor caused this court to assume legislative functions, is found in Srhu.4rr v, _ i Flint. 426 Mich. 295. R -31.395 N W 2d 678. 690-93 (19861. To the extent the 1978 zoning ordinance was de- clared void by the district court, the district court's ruling is reversed. We affirm in part, reverse in part, and remand to the district court for a disposition in conformance with this opinion. Costs are taxed eighty percent to the defendant city, and twenty percent to the plaintiffs. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. All Justices concur except WOLLE, J., who dissents WOLLE, Justice (dissenting). I would reverse because I conclude from my de novo review of this record that the rezoning ordinance as applied to the plaintiffs' property passed constitu- tional muster. I disagree with the trial court's conclu- sion that the zoning of the plaintiffs' property was illegal spot zoning and so unreasonable and arbitrary as to serve no public interest. I disagree with the ma- jority's*402 conclusion that the city's rezoning of the property amounted to an unconstitutional taking. I. The trial court found the city had "no rational basis for the rezoning" and labeled it as "spot zoning" which was "illegal and void". I disagree with both that finding and those legal conclusions of the trial court. The rezoning ordinance here challenged was not pre- cipitously dropped upon this property. Years of land use study and planning preceded adoption of this ordinance; it was designed to implement the city's comprehensive land use plan. The objects of the plan and the ordinance were public purposes: to minimize incompatible land uses and to preserve existing neighborhoods. The rezoning ordinance promoted those objects and constituted a valid legislative exer- cise of police power by the city. See Kent v. Polk County Board of Supervisors. 391 N.W.2d 220. 225 (Iowa 1986). A zoning ordinance should be allowed to stand notwithstanding a substantive due process Page 9 challenge when it i; lacla11) vnlid and its reasonable nese is fairly dch,uable 1114,01µ) I'4rf(uryy_ltis___.F min . /a Ciij, 234 N,W,2d 370. 31M (MiLL75J. CLIL_i. L9�,�V��;q,�$(tuwn 19701, .err A Vestal, lrnra Land Use.4rtd Zoning Lmv § 2.16, al 57.58 (1979) 1 conclude from this record that the city made it number of tough legislative choices in adopting the various land use provisions contained within this rezoning ordinance, and the resulting or- dinance had it rational nexus to legitimate public purposes The plaintiffs did not sustain their heavy burden to overcome the strong presumption that the city's rezoning ordinance satisfied substantive due process both facially and as applied to their specific property. II. I disagree with the majority opinion's conclu- sion that the city unconstitutionally used this ordi- nance as a substitute for eminent domain. I agree that on this constitutional issue we must carefully balance the public good which legislative action was designed to achieve against any oppressive effects upon indi- vidual citizens. The application of a zoning ordinance to a particular property may not be so arbitrary and unreasonable as to amount to an unconstitutional taking without the just compensation mandated by eminent domain. Kasparek v Johnson County Board gfHealth 288 N W 2d 51 L 517-18 (Iowa 19801; F.H. Uelner Precision Tools & Dies Inc v City of Dubu- que 190 N W 2d 465 469 (Iowa 19711. Unlike the majority, however, l conclude this rezoning ordinance did not squeeze all economic value from the property. The plaintiffs' own evidence, viewed realistically, clearly disclosed that their property after rezoning had substantial value. The evidence showing diminution in the market value of the property was not sufficient to overcome the presumption that the city's exercise of police power by enactment of this zoning ordinance was within constitutional limits. See Penn Centra! Transportation Co v New York City, 438 U.S. 104, 124-25 98 S Ct 2646 2659 57 L.Ed.2d 631.648-49 1978 ;Stone v City of Wilton. 331 N W.2d 398, 402 (Iowa 1983) (Land use restrictions may be upheld "even though the challenged regulations destroyed or adversely affected recognized real property interests or flatly prohibited the most beneficial use of the property."). I would uphold the city's rezoning of the plain- tiffs' property and therefore would reverse the trial 0 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.-" 402 N.W.2d 393 (Cite as: 402 N.W.2d 393) court's decision. Iowa, 1987. Kempf v. City of Iowa City 402 N.W.2d 393 END OF DOCUMENT 1'agc 10 N �J ® 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. 9� c �� vz� IN THE IOWA DfSTRICT COURT IN AND FOR JOHNSON COUNTY 4, WAYNE KEHPF, KENNETH L. ALBRECHT, GOVERNOR -DODGE STREET RENTALS, and EARL YODER CONSTRUCTION CO., Plaintiffs, V5. CITY OF IOWA CITY, IOWA, Defendant. NO. 43611 0 CJ c.,e SUPPLEMENTARr,OR0gS r'J ON REMAND The Court entered its original Findings of Fact,. Conclusidns of Law, and Decision in this case on November 13, 1985, the same -having been filed on November 20, 1985. Thereafter, the Defendant, City of Iowa City, Iowa, appealed to the Iowa Supreme Court, and in its Opinion filed March 18, 1987, the Supreme Court affirmed in part, reversed in part, and remanded this case to the District Court for disposition in conformance with the Supreme Court Opinion. In accordance with the aforesaid Opinion of the Supreme Court, the fallowing portion of the Decision of the Court, as set out in the Findings of Fact, Conclusions of Law and Decision, page 28, is de- leted and is of no further force and effect: "IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Defendant's Ordinance No. 78-2900 (rezoning Plain- tiffs' premises which are the subject of this action) should be, and hereby is declared to be illegal, null, and void as to such premises, and said Ordinance is set aside and held for naught as to those premises. IT IS FURTHER ORDERED that these premises be returned to the R38 zoning in effect at the time of enactment of said amended zoning ordinance." In conformance with the Supreme Court Opinion herein, the Court enters the following Orders which shall be construed to be 13 part of this Court's Findings of Fact, Conclusions of Law, and Decision herein. The 1978 rezoning of the following undeveloped properties in Iowa City, Johnson County, Iowa, was unreasonable, arbitrary and capricious: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. Ga Ma By 0— ,)PoGe Pe,sunne! o_ rc: h: airy L'ucun•e�.. -2 - All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE 1/4 of Section 3. Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof recorded in Plat Book 1, Page I, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49; thence West on the south line of said Lot 49 to the place of beginning. The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions appllicabl to the+ -or- rsaid to the R3B zone in effect on May 30, 1978, prior ej�ng saidreal estate which was finalized on June 26, 1978. � co It is further ORDERED that the City's Large Scale PeUntiak Development Ordinance shall not apply to development of thosQlW_oper1'° raj w ties. The City is and shall be enjoined from interfering with develto opment of those properties as herein provided. Once a use has been developed or established on any of the above-described properties, further development or redevelopment of that property shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken. 1987. Dated this K day of August, Naro i es, Ju ge Si Judicial District of Iowa ,ae -3 - Approved: IwGTwv�V �F/d� Ricnaro j. muyle First Assistant City Attorney City of Iowa City, Iowa ATTORNEY FOR DEFENDANT ATTORNEY FOR PLAINTIFFS cc: Ronald W. Wendt 200 First Street S.W. Cedar Rapids, Iowa 52404 Richard J. Boyle First Assistant City Attorney 410 E. Washington Street Iowa City, Iowa 52240 i c ..art_.ea for Mamng U �Umentpe1 Hponsiale H U �J 1� n Y �, yn :3 w Date of Submittal: 1/31/2013 SITE PLAN APPLICATION MAJOR o' MINOR Site Address or Legal Description: Lot 10 Bacon's Subdivision & Lot 49 & 51 Subdivision of SE %. of Section 3 Iowa City IA Applicant: TSB Holdings LLC Name Telephone or Cell Phone 319-631-3268 r 4 ",�_ . .. CITY OF IOWA CITY Po Box 1490 Iowa City IA 52244 Address Email rcotniti'ci hieicuiuwacit}' cpm Site Plan Prepared By: Duane Musser MMS Consultants Iowa City lA Name Agency and Address Telephone or Cell Phone 319-351-8282 Email d musserCamrgg onsu(ttints.net__ Project Description: 72- Two Bedroom Apartments —In accordance with the provisions applicable to the R3B zone in effect on May 30 1978 Per Court Order in Kempf vs City of Iowa City Case #43611 Development of more than 12 residential units or more than 10,000 square feet of non-iesidential,Jloor area requires a $250 application fee at the time of site plan submittal. A site plan without the required information will be returned to the applicant or applicant's representative within 48 hours of submittal and will not be routed to other City departments for review. Required information includes: Location and size of existing and proposed utilities, including fire hydrants r Date of preparation and north arrow ,' Scale no smaller than I"= 100' Legal description or street address Names and addresses of property owner, plan preparer, applicant, and applicant's attorney s' Property lines and area of the site Total dwelling units and bedrooms per unit y Total commercial floor area and type of uses Exterior dimensions of structures Setback distances from property boundary lines Distances between structures Dimensions of parking areas and walkways Location of outdoor dumpsters and recycling areas y Complete traffic circulation and parking plan o'er^ Locations of rivers, streams, wetlands, and flood hazard areas The City may require additional information: Locations and types of proposed lighting !' Details of fences and retaining walls Detail of landscape or structural screening for outdoor parking and storage areas e%; Locations and specifications for storage of flammable, corrosive, or hazardous materials ® Existing and proposed contours +- Nut et wtt6o :-0 Location and type of signs QN lnml 30, lift O A storm water runoff plan 6' Typical cross section of proposed streets, alleys 4 and parking areas Materials and methods proposed to prevent soil erosion from the construction activity'- W )ZfqutEp :9 Landscaping plan that shows existing and 60141110 proposed trees, and vegetative screening 1918 For complete information on submittal requirements and design standards, see Title 18 of Iowa City Code. City of Iowa City MEMORANDUM OAT1 25 August 1987 t0: Douglas Boothroy, 0lrecto, of H.I.S. and Donald Sthmllser, Director of FROM: Richard J. Boyle. fin[ Assistant City Attorney R 06e Kempf et al v, City Attached for your records Is a copy of the final Court Order in the Geve Is, • Dodge Droparty litigation. The order ImPl ements the do,i s ono InvaI l eat l ng cN ra zoo Aga of the still undeveloped portion, of the land by - I. Providing that residential do1e10emont may take piece at R38 density 1740 square feet Der dwelling unit) and otherwide as would have been 1110.16 under the zoning ordinances in effect on May 30, 1976. It probably would be a goad idea to out a copy of the 1978 ordinances In the Property file for reference when development plan, are submitted. 1 have c006S of the Zoning Code as amended through 1983 and will furnish them If you need them. 2. The City cannot require compliance with the large scale development regulations. 3. The Order does not apply to the Yoo, apartment building Or the Human Servioa Department building or Lots 8 and 9 of Bacon's Subdivlsipr. It does apply to Lot 10 of Bacon's Subdivision. If you have questions let me know. 9 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY �Q�� � 7" 4 WAYNE KEMPF, KENNETH L. ALBRECHT, y GOVERNOR -DODGE STREET RENTALS, and EARL YODER CONSTRUCTION CO., Plaintiffs, Vs. CITY OF IOWA CITY, IOWA, Defendant. NO. 43611 SUPPLEMENTARY ORDERS ON REMAND The Court entered its original Findings of Fact, Conclusions of Law, and Decision in this case on November 13, 1985, the same having been filed on November 20, 1985. Thereafter, the Defendant, City of Iowa City, Iowa, appealed to the Iowa Supreme Court, and in its Opinion filed March 18, 1987, the Supreme Court affirmed in part, reversed in part, and remanded this case to the District Court for disposition in conformance with the Supreme Court Opinion. In accordance with the aforesaid Opinion of the Supreme Court, the following portion of the Decision of the Court, as set out in the Findings of Fact, Conclusions of Law and Decision, page 28, is de- leted and is of no further force and effect: "IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that Defendant's Ordinance No. 78-2900 (rezoning Plain- tiffs' premises which are the subject of this action) should be, and hereby is declared to be illegal, null, and void as to such premises, and said Ordinance is set aside and held for naught as to those premises. IT IS FURTHER ORDERED that these premises be returned to the R36 zoning in effect at the time of enactment of said amended zoning �..+ ordinance." In conformance with the Supreme Court Opinion herein, the Court enters the following Orders which shall be construed to be'8 part of this Court's Findings of Fact, Conclusions of Law, and Decision —� herein. - The 1978 rezoning of the following undeveloped properties in Iowa City, Johnson County, Iowa, was unreasonable, arbitrary and capricious- \� Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. -2- AlI-of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the Sth D.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast Corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the Sth P.M., as per the recorded plat thereof; thence North 64.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE 1/4 of Section 3, Township 79 North, Range 6 West of the 5th P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49; thence West on the south line of said Lot 49 to the place of beginning. The owner or owners of said properties, and their successors and assigns, shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions applicabl to the R3B zone in effect on May 30, 1978, prior to the«ee ng o said real estate which was finalized on June 28, 1978. ry 1 It is further ORDERED that the City's Large Scale Regolntiai; I' m i ODevelopment Ordinance shall not apply to development of thos&{toper w ties. The City is and shall be enjoined from interfering with devet-A' opment of those properties as herein provided. Once a use has been developed or established on any of the above-described properties, further development or redevelopment of (,`��J•/1 �� that//property shall be subject to the zoning ordinances in effect at the time such further development or redevelopment is undertaken. Dated this Q/ine day of August, 1987. - HaroJ44.t4walles, u ge aa< Si Judicial District of Iowa 0-51 n '( By � ]'r71Y ��kA 'lniCe Paraunnq� .v.—�y r.... , ,uplm�•.• -3- Aaarare^_: Richard ? Soy%e F,rst Assistant City Attorney City a` Iowa City, Iowa ATTORNEY FOR DEFENDANT ATTORNEY FOR PLAINTIFFS cc: Ronald W. Wendt 200 First Street S.W. Cedar Rapids, Iowa 52404 Richard J. Boyle First Assistant City Attorney 410 E. Washington Street Iowa City, Iowa 52240 By 7a M.ax " "�' HaaLune�0lt 'nf7 YKWr„ulI !� -JA n n rn —i C7 tD ,•• a N By 7a M.ax " "�' HaaLune�0lt 'nf7 YKWr„ulI !� 4f —i C7 tD ,•• i W - r 1 /4rn' .39s X L w r•n. ..amu ... .•..�• .r.wr +. M-11, i-, i;C'IlTrrrrrrTM • NCH I .... �M.. _ ___ / 1.OT L OT 9 `. i - r 1 /4rn' .39s X L w r•n. ..amu ... .•..�• .r.wr +. M-11, i-, i;C'IlTrrrrrrTM • NCH I .... �M.. 2013 UP, 19 P; , 2: 1 g ill ♦ ; � I i I � 27 Ltn �J 4RKYR: ATEORNEY: PAPARE EOBY: RBIgLgNGS DEC ODkllA MEMNN MWCOWLTANTS, DO PoWRI'm 222SDNNSTIIEET 1917 S. GILRERT!_ pWA M A 522M IOWAam AS2N9 IOWA CRY. M 522a K5 15C-0D2R 319 M4NU A� xvar • L07 BLOT SI SUB'ODFTHE SE Ll OFSEC 03]9� AN LOTS AND10BAWN'S SU MEA OF SITE, 03 ACRES FARTING z.,Do: Me EXIST090P SE DWEWNGUNN171 THINE X MID U W«lT0)N Cpl \ eROPOSEDDWFWNON"I 12 FEE - 24AN9 UW 72 42 2OTALI �_ ',_— L Y � a`V•1_ PRDPO6EDBEDROOMS:72 20EDRODMUROS PROPMA FLOOR AREA=rdREE 31NMBUIIDINGS ).2165f/ROOR•fi1,9N SF M s "RING"E" "MERRVOR wwEE w+ln mBwwaxGReL = Irvcou,rY qwA m IR! APPLIG ATTORNEY: PREPARED BY: TSPNX24NGS LLC 122SLINNV ARpON MMS CG IUERT STI, M. PO Nuim0 IE35LINN STREET MN S. CGIIBFRT Si. IOWA CITY, M 572" MA CITY, A 52 IOWACITY,IASIIb 319.3540926 3143514282 INrH SITE PLAN owwuly u.soN carTr IowA u:. pprN �� 1 1CG.LL: vitt WTAsWON0E Wr50, ANo 1pTv wBV 0f 111E SEs%F OE SELDY39GI Mf ANO Larsa9ANO]o BACONS wBbV6gN ,. 1 — MEA OF SffF: F.03 ACPE1 , WS[IXB.A14115. K. —EI— M y,T a. ni y< �eom_Ot up+¢n »a uyla[+n E%ISTINGZONING: 0.38 A1 TOT F% +»mttrW STING DWE WNG UNI1S'. 12 KE)( MD H yIFY =ALIN I� PPOPOSED OWELU GUNITS: MAEE-31 UNIT BN)GS=]i TOTY T PROPOSED BEMS:72-1 BFMI UNI11 e a.a vROPOSED ElOd1AREI+=1NREE-35T0P%BUNpNGSP ).Z162E/NOOR.61,9N 5% 1 1 � 9NY9+ END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: TSB HOLDINGS LLC vs. DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone TSB HOLDINGS LLC P.O. BOX 1490, 373 E COLLEGE ST, IOWA CITY, IA 52244 Name (CITY OF IOWA Party Type DEFENDANT Address MARIAN KARR 410 E WASHIN IOWA CITY E -Mail Employer I Comments MNI Information Race Birth Date Height Eyes Notes Docket No 13-01818 State IOWA Court No CVCV075457 County JOHNSON Ref No Received 04/17/2013 ADVANCE FEES PAID WRIT OF CERTIORARI Zone Phone 0 Fax 0 Documents Document Serve by Date OE PSR Description / Special Instructions PETITION �_] ❑ Service Information Date �`�1_�:- Time 1�\ 7 (7 Type Party GYwicto ILC4`Pr/ Relationship Ct1 r� C 'tQ�1jc' IA IAL/ `1ID C— Race Sex I DOB Location Miles �_ Fee Officer (� Attempts Log Date Time __Server Note Date `1 Com_ - Notes: Printed: Wednesday, April 17, 2013 Johnson County Sheriffs Office Time Server Notes Page 1 of 1 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY TSB HOLDINGS, L.L.C. and 911 N GOVERNOR, LLC, Plaintiff, vs. CITY OF IOWA CITY, IOWA, Defendant. Cvc� 75 NO. ffiE'�-5 PETITION FOR WRIT. OF CERTIORARI Plaintiff TSB Holdings, L.L.0 and 911 N Governor, L.L.C. states; r> 1. Plaintiff TSB Holdings L.L.C. is a limited liability company organize$smd tosting under the laws of the State of Iowa with its principle place of business in Johnson County, Iowa. 2. Plaintiff 911 N Governor L.L.C. is a limited liability company organized and existing under the laws of the State of Iowa with its principle place of business in Johnson County, Iowa. 1. 3. Defendant City of Iowa City, Iowa is a municipality organized under the laws of the State of Iowa. 4. Plaintiff, TSB Holdings, LLC, is the owner of property on North Dodge Street, Iowa City, Iowa, legally described as follows: All of Lot 51, and all of Lot 50 except the South 186 feet thereof, in the Subdivision of the SE '% of Section 3, Township 79 North, Range 6 West of the 5t" P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. Also, commencing at an iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE '/4 of Section 3, Township 79 North, Range 6 West of the 5`" P.M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 0c: CNS F1 Y\0.vlCe� CA 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Also, commencing at the Southwest corner of Lot 49 in the Subdivision of the SE % of Section 3, Township 79 North, Range 6 West of the 5" P.M., as per the recorded plat thereof; thence Northerly along the Westerly line of said Lot 49, 16.0 feet; thence East on a line parallel with the South line of said Lot 49 to the west line of the parcel of real estate hereinabove described; thence South 16.0 feet on the West line of the parcel of real estate hereinabove described to the South line of said Lot 49, thence West on the south line of said Lot 49 to the place of beginning. 5. Plaintiff, 911 N Governor, LLC, is the owner of property on 911 North Governor Street, Iowa City, Iowa, legally described as follows: Lot 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey's Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, Iowa. 6. Previously, the current zoning classification for the property owned by TSB Holdings, LLC, and the property owned by 911 N Governor, LLC was established pursuant to the ruling of the Iowa Supreme Court in Kempf v. City of Iowa City, 402 N.W.2d 393 (Iowa 1987) and the Supplementary Orders on Remand entered by the Johnson County District Court in that matter dated August 21, 1987. 7. On March 19, 2013, Defendant passed an ordinance changing, over Plaintiff TSB Holdings, L.L.C's& 911 N Governor, L.L.C. objections, the zoning classification of the property described in paragraph 4 & 5. 8. The rezoning the property would preclude Plaintiffs from making use of the property as provided for in the ruling of the Iowa Supreme Court in Kempf v. City of Iowa City and the Supplementary Orders on Remand. 9. Plaintiff previously used the property in accordance with the ordinances and permitted manners of use previously established by the various rulings and orders. 10. The change is the zoning classification was improper, unreasonable, arbitrary and capricious, illegal, contrary to prior rulings of the Supreme Court of Iowa and of the Johnson County District Court, and would result in an unconstitutional taking of Plaintiff's property. Wherefore Plaintiff prays that a writ of certiorari issue herein, and that on hearing thereof the Defendant's rezoning of the property be annulled and declared void. Plaintiff further prays that for such other relief as the Court deems just and equitable in the premises. Plaintiff further prays that the costs of this action be assessed to the Defendant. TSB HOLDINGS, L.L.C. 911 N GOVERNOR, L.L.C. Tracy S. Barkalow — Manager 250 12"' Avenue Suite 150 Coralville, IA 52241 319-354-8644 FAX 319-354-0921 Email: tract'()barkalowhomes.com [Prepared by James W. Affeldt] END OF CASE FILE CIVIL PROCE .VORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 254.0, a1 i � CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: US BANK NATIONAL ASSOCIATION Docket No 13-02257 State IOWA vs. Court No EOCV075522 County JOHNSON DEFENDANT: HARR, DANA Ref No Received 05/14/2013 DEFENDANT: PARTIES IN POSSESSION DEFENDANT: KUHN, CHRISTOPHER B DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone MIZER, DOUGLAS-ATTY 1245 JORDAN CREEK PKWAY #120, WEST DES MOINES, I M Name Party Type )DEFENDANT Address 1410 E WASHINGTON ST E -Mail Employer Comments MNI Information Race F Birth Date I Height Eyes Notes Zone Phone 0 Fax Documents Document Serve by Date OE PSR Description / Special Instructions MORTGAGE MEDIATION ❑ ❑ NOTICE ORIGINAL NOTICE AND ❑ ❑ PETITION Service Information Date Time Type Party /`Z14t/ K L–" -V— Relationship Race Sex DOB Miles Fee Officer Attempts Log Date Time Server Notes Ck-- Notes: Location Date Time Server Notes Printed: Tuesday, May 14, 2013 Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY U.S. Bank National Association Plaintiff, M-1 Dana K. Harr; Christopher B. Kuhn, Parties in Possession; City of Iowa City, Iowa Defendants. ECQCV ,755 o(a ORIGINAL NOTICE To the above-named defendant City of Iowa City, Iowa, c/o City Clerk 410 E. Washington St., Iowa City, IA 52240: You are notified there was on the day of. 20 6 filed in the office of the Clerk of the above-named Court, a Petition, copies of which attached hereto. The Plaintiff's attorney is Douglas J.Mizer, c/o South & Associates, P.C., 1245 Jordan Creek Parkway, Suite 120, West Des Moines, IA 50266. 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. 3i9-39P�Z.�>xllOS If you need assistance o participate in court due to a disability, call the disability coordinator at 545-286.3384. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. BARBARA J. BIGELOW By: d c Clerk of the District C ort Johnson County Courthouse Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. File No. 154373 II II I III II i III I��li II I III I II Invoice No. 154373-632986 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY . U.S. Bank National Association Plaintiff, Vs. Dana K. Harr; Christopher B. Kuhn; Parties in Possession; City of Iowa City, Iowa, Defendant(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 TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM THE 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. FORECLOSURE PETITION COMES Now Plaintiff, U.S. Bank National Association, by and through its attorney, Douglas J. Mizer of the firm of South & Associates, P.C., and for its cause of action against Defendant(s) states as follows: 1. The Plaintiff, U.S. Bank National Association, is a corporation duly authorized to transact business in the State of Iowa. File No. 154373 II II I III II I II II I II I I III I I I II 0 coo .�.- C EQUITY NO: oo W GCiCV0755L�a FORECLOSURE PETITION IN REM 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 THE 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. FORECLOSURE PETITION COMES Now Plaintiff, U.S. Bank National Association, by and through its attorney, Douglas J. Mizer of the firm of South & Associates, P.C., and for its cause of action against Defendant(s) states as follows: 1. The Plaintiff, U.S. Bank National Association, is a corporation duly authorized to transact business in the State of Iowa. File No. 154373 II II I III II I II II I II I I III I I I II 2. Defendant(s) Dana K. Harr and Christopher B. Kuhn are resident(s) of Johnson County, Iowa, are believed to be husband and wife and the subject property is a one- or two- family dwelling and is not agricultural land as defined in Iowa Code Section 9H or 175.2 or used for agricultural purposes as defined in Iowa Code Section 535.13, or used for farming as defined in Iowa Code Section 175.2. 3. On or about October 21, 2009, Dana K. Harr and Christopher B. Kuhn executed and delivered a promissory Note (the "Note") to Residential Mortgage Network, Inc., in exchange for good and valuable consideration, in the principal sum of $101,750.00, together with interest. A true, correct and genuine copy of the Note is attached as Exhibit "A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 4. As part of the same transaction and to secure payment of the Note, on or about October 21, 2009, Dana K. Harr and Christopher B. Kuhn executed and delivered a certain purchase money Mortgage (the "Mortgage") creating a first and prior lien on the following described real estate situated in Johnson County, Iowa to Mortgage Electronic Registratioi Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns: Unit 983, Longfellow Place of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page 375, Records of the Recorder of Johnson County, Iowa. , Commonly known as 983 Longfellow Place, Iowa City, IA 52240 (the "Property"). A true, correct and genuine copy of the Mortgage is attached as Exhibit "B" and incorporated by reference. 2 File No. 154373 5. The Mortgage was recorded on October 23, 2009, in Book No. 4519, at Page 28, in the office of the Recorder of Johnson County, Iowa. 6. The Note was subsequently endorsed to Plaintiff, as evidenced by the endorsement(s) on the Note. 7. The Mortgage was assigned to Plaintiff by a series of Assignments of Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns to U.S. Bank National Association recorded on March 6, 2013, in Book 5059 at Page 896, in the office of the Recorder of Johnson County, Iowa. A true, correct and genuine copy of said Assignment(s) is attached as Exhibit "C" and incorporated by reference. 8. Plaintiff is the current holder of the Note and Mortgage, and is authorized to take such actions as may be necessary for the collection of the sums owing under the Note, including but not limited to, foreclosure of the Mortgage. 9. Dana K. Harr and Christopher B. Kuhn failed to make the installment payments as they became due since September 1, 2012. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 10. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed upon; and Plaintiff, by the commencement of the action, does elect to foreclose the Mortgage. 11. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 12. Under the terms of Note and Mortgage, upon default, Defendant(s) Dana K. Harr and Christopher B. Kuhn, agreed to pay reasonable attorney's fees and all costs in connection with 3 File No. 154373 the proceeding to enforce or foreclose the Mortgage. An Affidavit of Attorney's Fees as required by Iowa Code Section 625.24 is attached as Exhibit "D" and incorporated by reference. 13. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code Sections 654.26 and 654.2D, and more than thirty (30) days have passed since the notice was given, and the default has not been cured. A true, correct and genuine copy of the Notice is attached as,Exhibit "E" and incorporated by reference. 14. The Mortgage and Note is a Purchase Money Mortgage and provides that in- the case of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 15. In accordance with the provisions with the Note and Mortgage, upon default and defendant's failure to cure, Plaintiff gave a fourteen (14) day notice of acceleration and demand for payment of the accelerated balance pursuant to Iowa Code Section 654.46 and fourteen (14) days has passed since the notice was given. A true, correct and genuine copy of the Demand is attached as Exhibit "F" and incorporated by reference. 16. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Defendant(s) Dana K. Harr and Christopher B. Kuhn as follows: a. the unpaid principal balance of the Note in the sum of $97,587.05; b. the unpaid interest which has accrued at the rate of 5.25% per annum from August 1, 2012, and which continues to accrue at such rate until fully satisfied; c. all sums advanced by Plaintiff for title evidence in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, and for real estate taxes, hazard insurance premiums and/or private mortgage insurance (PMI/MIP) premiums (less credit for any suspense or other balance remaining on the loan); 4 File No. 154373 e. accrued late charges in the amount of $186.52; f. all sums paid by Plaintiff for prior attorney's fees and costs and/or Bankruptcy attorney's fees and court costs, if applicable, or due from Defendant(s) prior to sale for BPOs/Appraisals, insufficient funds charges, property inspections or property maintenance expenses; and g. the costs of this action, including reasonable attorney's fees. 17. Under the terms of the Mortgage, a receiver may be appointed. 18. Plaintiff hereby elects to waive its right to a deficiency judgment against Dana K. Harr and Christopher B. Kuhn. 19. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the below Defendant(s) may have or may claim to have some right, title or interest in or to the Property, but any such claim is inferior and subject to the lien of the Mortgage and should be so adjudged. 20. Defendant(s) Parties in Possession are named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 21. Defendant City of Iowa City, Iowa has been named by virtue of a junior Mortgage securing a debt in the principal amount of $36,250.00. The junior Mortgage was recorded in the office of the Recorder of Johnson County, Iowa, in Book 4519 at Page 35. Defendant City of Iowa City, Iowa may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 22. Defendant(s) Dana K. Harr and Christopher B. Kuhn are not on active duty in the military service of the United States of America, nor entitled to the privileges under the 5 File No. 154373 provisions of the Service Members Civil Relief Act enacted December 19, 2003, 50 U.S.C. App. §§ 501-596. Military Status Report(s) obtained from the Department of Defense Manpower Data Center website evidencing same are attached as Exhibit "G" and incorporated by reference. WHEREFORE, Plaintiff prays for in rem judgment against the subject property and for the unpaid principal balance of the Note in the sum of $97,587.05; together with late charges which have accrued in the amount of $186.52; unpaid interest which has accrued at the rate of 5.25% per annum from and after August 1, 2012, and which continues to accrue at such rate until fully satisfied; all sums paid by Plaintiff for prior attorney's fees and costs and/or Bankruptcy attorney's fees and court costs, if applicable, or due from Defendant(s) prior to sale for BPDs/Appraisals and/or insufficient funds charges; all sums advanced or to be advanced by Plaintiff prior to the sale for real estate taxes, hazard insurance premiums and/or private mortgage insurance (PMI/MIP) premiums (less credit for any suspense or other balance remaining on the loan), property inspections or property maintenance expenses; and the costs of this action, including (but not limited to) court costs, lis pendens fees, service fees, costs incurred for procuring title evidence, and reasonable attorney's fees. FURTHER WHEREFORE, Plaintiff prays that the Mortgage be declared a first and prior lien on the Property and as superior and paramount to the interest liens and claims of each and all Defendant(s); including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale, that its Mortgage be foreclosed; and that all junior and inferior liens and Mortgages be barred from claiming any right, title, or interest in the Property. FURTHER WHEREFORE, Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution may issue for the sale of said 6 File No. 154373 Mortgage real estate or so much thereof as is necessary to satisfy Plaintiff's judgment, together with 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 Sheriffs Sale, and that from and after said sale under special execution the right, title, lien or interest of the Defendant(s) 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 Defendant(s) or any of them. FURTHER WHEREFORE, Plaintiff prays for a Writ of Possession to be issued under the seal 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. FURTHER WHEREFORE, Plaintiff prays for the approval, upon the request of Plaintiff, of the sale of the Mortgaged premises during the pendency of this action free and clear of the claims of Defendant(s), provided that the court first finds that (a) all equitable titleholders who have not abandoned the Mortgaged premises have consented to such sale, and (b) the terms of such sale are commercially reasonable. FURTHER WHEREFORE, Plaintiff prays for such other and further relief as may be just and equitable in the premises. 7 File No. 154373 Respectfully submitted, South & Associates, P.C. o lasJ. Miz (AT0011010) 12 4(5 Jo dan Creek Parkway, Suite 120 West Des Moines, IA 50266 (515)223-7325, ext. 213 (515)223-7276 (Fax) Doug.Mizer@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTH & ASSOCIATES, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. n �r ;K x" z t i 0 f C W File No. 154373 I'IAC—N.. 61-2707148-703 Oaaber21,2009 NOTE MIN: 100331100006605816 lwiel 083 Lonlrogam, Place Iowa City, IA 52240 (Renal Acereasl 1. PARTIES "Borrower" mama each person signing al the end of thio Nota, and tho peraua's suer iaas; and assigns. "Lender" means Residential Mortgage Network, Inc and its sucorssors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return fora loan received from Lender, Borrower promises to pay the principal sunt of(Nte Hundred Due Thoass nd Slaves Hundred Fifty said DO/100 Dollars (U.S. S 101,750.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, fian the Hate of disbursement of the Loan proceeds by Lender, at the rate of Five and 250/1000 percent ( 5.250 %) per year until the full amount of principal hos been paid. 3. PROMISE TO PAY SECURED Harrowers promise to pay is sawed by a mortgage, dmd of trust or similar security instrument that Is dated that same dam as this Note and called the 'Security Instrument.' That Security Instrument pracus the Lender hart losses which might result if Borrower defaults under this Nom. 4. MAINNF.ROFPAYMTiNT (A) Time Borrower shall make a payment of principal and Interest to lender on the tat day of each month beginning an _ -._ Dec_e_nber Isi, 2009 . Any principal and Interest remaining on the Ist day of November 2030., , will be due no that date, which is called the "Maturity Date'. (B) Place Payment shall be mode at 246111111Ir Streul Su1W308 Caralvl0e, IA 52241 or al such other place as Lender may designate in wrhing by not lee to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount ofU.S. S561.87 . This amount will be pan of a larger monthly payment required by the Security Instrument. that shall be applied to principal, Inicresz and other items in the order dcscribcd in the ScrutiryInstrument. (0) Allonre to this Note for payment adjustments Iran allonge providing for payment adjustments is executed by Bonrower together with this Nom, the covenants of the allonge shall be incorporated into and shall amend and supplement theeovenents ofthis Note as If the allonge were R part of this Nom. jcb a ph.blc t...) 0 Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Rhee [specify] S. BORROWER'S RIGHT TO PREPAY Borrower Iters the right to pay tha debt cvidcnccd by [his Note, in whale ar in port, without charge or penalty, on the first dayofanymonth. Lender stall accept prepayment un other days provided that borrower pays interest nn the amount prepaid for the remainder oFthe month to the went required by I.endcr and permitted by regulations of the Secretary, If Borrower makes a partial prepayment, there will be no chungas in the due cinte or in the amount of the monthly payment on loss Lender agrees in wailing to those danger... 6. BORROWER'S FAILURE TO PAY (A) fate Charge far Overdue Payments If I.craft has not received the full monthly payment required by the Security Instrument, as descrilTed in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late L r charge in the amount or Four and 000/1 D00 percent ( 4.00D %) C_ fun of the overdue amount of each payment. S z� FIM Maakma Ndr • 10.95 Par I aft Us O IIIU f.V tln:a:) 1pIaIlOaINT Z�1 In O� Z� "t Cl) TG —4 On O D45 ..1 s..a b —4 �D EXHIBIT��_ (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations, of the Secrdary in the use or payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exorcise this option without waiving its rights in the event army suhsequenl defauh. In many circumstances regulations issued by the Secratiry Twill limit Lender's rights to require immediate payment in full in the case ofIatyrniall defaults. This Note does ad authorize aazkration when not permitted by ]IUD regulations. As used in this Note, "Sceretary" mans the Seerttary'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 ro pay curls and eaperrses including reasonable and customary attorneys tees for enfereingg this Note to the ement not prohibited by applicable law. Such kir and costs shall bear interest from the dart of disbursement at the same rale as the principal orlhis Note. 9. WAIVERS Borrowcr and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment" meats tlu right to require Leder to demand payment of amounts due. "Notice of dishonor" means the right to require Lcnder to give netice to other persons that amounts due have not been paid. S. GIVINGOFNOTICES Unless applicable taw requires a different method, ani notice that must be given to Borrower under this Note will he given by delivering it or by moiling it by first class mail to Borrower at the property address above or at a different address ifikerower has given Lender a notice of Borrower's diffarenl address. Any notice that must be given to Lender under this Note will be given by first class mall to Lender at the address stated in Paragraph 0(B) or at a differmt address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one parson signs this Note, each pars x, is fully and person nlly obligated to keep all of the promises made in this Nae, including the promise to pry the Asll amount owed. Any person who is a guarantor, suety or endorser of this Note is else obligated to do these things. Any persal who lakes, eves these obligations, including the obligations of a guarantor, suety or endorser of this Note, is also obllgsted to keep all ofthe promises made in this Note. Lender may enforce its rights under this Note against each parson individually or against all signatories together. Anyone person signing this Note maybe required to pay all of the amounts owed under this Note. BY SIONMO BELOW, Borrower accepts and agrees to the terms and covenants contained in this Tote The undersigned burrowers) receipt are copy of this instrument. pay to the order of Without pecours— a U-9- Berth N.A. .42 TomascO Sulver President Pit to the order Of U.S. Bank N.A. W ithout Recourse Residential Mortgage Network, Inc. nmmb. ),1 9&0?. (SEAL) 130ni Dane K. Harr �e, �• ! Jr'" (SPA[.) eeseav� rhtopker lit Gthn I ftme,w eo�iuwei.. (SEAL) L. House, President IIa1.Cv11a'W) 100011001112 Pap2of2 GalolecOM - ADDENDUM TO NOTE: NOTICE ORAL OR IMPLIED CHANGES TO THE ACCOMPANYING CREDIT AGREEMENT OR ANY OTHER CREDIT AGREEMENT(S) (EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) WITH THIS LENDER ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON. IMPORTANT: READ BEFORE SIGNING THE AGREEMENT(S) ACCOMPANYING THIS NOTICE. THE TERMS OF THE AGREEMENT(S) SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS NOT CONTAINED IN THE WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THE AGREEMENTS) ONLY BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE ALSO APPLIES TO ANY OTHER CREDIT AGREEMENTS (EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) NOW IN EFFECT BETWEEN YOU AND THIS LENDER The undersigned borrosvcr(s)ackm%vlcdgc(s) receipt of copy orchis iamument. Romm Dana K. Harr Borwna Christoph6rr B. Kuhn — ll rt ,mr October 21, 2009 _ D) c R.VADDENNOTIET 1916.0 N.(9197) 6a .= Ilorro,cr -7 2 95L!% 5'SV(ab �3tb�t Duo 10: 021880630007 Type: GER Kind: t9aff1AGE Recorded: 10/95/2009 at 04:27:48 PM SgMt: 1138.00 PAM 1 or 7 'on "UT '00a Kin Pasrtter Cauncv Recorder 4519 P028-34 Space above reserved for Recorder of Deeds cerli8eatinI Prelsared Ry: Michelle A. Xmas Residential Morlgage Network, Inc. 2461 10th Street Suite 308 Corelvilk, IA 52241 (319) 354-7501 When Recorded Rs4urn To: Raidntial Mortgage Nalwork, Inc. 2461 10th Street Su)tc 308 Coniv1K 1A 52241 1. Titkof Docuueol: OtORTGACE 2. Granuw(s): Dona K. Harr nod Christopher B. Kuhn, as wife and husband 3. Grantae(s): Residential Mortgage Network, Ine. 4. Siannory Mailing Address(s): 2461 10th Street Suite 308 Coralville, IA 52241 C S. legal Description- Page 2 c7 t—tr+l U i� y t i rp0 . `C--s- N O� C 6. Parcel ldcntlfcalion Number: X:O 7. Document or Inateumcnt 0: �-4 C= CO ago CO 1tcs7L (M IOWOW672 EXHP617]L_ Initials Pile 1 of3 GOTOQeO�L]atf] FHA Case No, State at MORTGAGE 161-27071 d8-703 MIN: 100331100006605916 11RS MORTGAGE ('Security lro"urnerm-)is given on October 71st 2009The mongnger is flans K Harr and Cllydstopher B Kuhn as wire and husband ("Borrower'). 'Phis Socurity Imlrumard is given to Mortgage Electronic Registration Systems, Inc. ("NIERS") (solely as nominee for fender, as heraeutficr defined, and Lettda's successors and assigns), as beneficiary•. NIERS is organized and mining under the laws of Delaware, and has an addross and telephone: munborofP.D. Box 2026, Plica, MT 4850)-2026, tel (888)679 -MEPs. Residential Mortea¢e Network, Inc is oWniaed and existing under the laws of the Stale of lows and has an address of IA amu Lender the principal sum evidencod by Borrower's note dated she same date as thls Security Instrument ("Nota"), which provides Ibr monthly payments, with the: Poll debt, irnot pakleuller, dueand payabloon November 1, 2039 This Security Instruments sccurce to Lender. (a) the rcpnymcnt of the debt evidenced by the Note, with Interest, and all renewals, meanders; and modifications ofthe Now; (b) the payment oral other sums, with Interest. advanced under paragraph 7 to protect theseeurity of this Security Instrument; and (e) the performance of Borrowers covenants and agreements under this Seeuritylraananem and Ilia Note. For this purpose, Borrower does Ilete4y attrtgago, grate and conveyto MEKS (solely as nomiuce for Lender and Lender's successors and assigns) and to the successors and assigns of MEKS the following described properly located in Johnson Coast', Iowa: Unit 913 Longfellow Place of Lot 10, Longfellow Manor Condominiuws, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page 37S, Records of the Recorder of Johnson County, Iowa. THIS IS A PURCHASE MONY MORTCACr, which has the address orM Longfellow Place lows City Iso -cal I041. Iowa 52240 ('Property Address'; lZipcoorl TOGETHER WITH all the Improvements now or hereafter erected on the property, and all casements. appurtenances, and fixtures now or Icreafter a pan ofthe propel)•. All replacements oral additions shall also he covered by this Security hsoumenL All of site foregoing is referred to In this Seeurity Instrument as the 'Property'. Borrower understands and agrees that MEKS holds only legal title to the interests granted by Borrower in this Security ltaauma; buk if txcessaryw eomptywith Inv, or content. MEM (u nominee for lender and Lender's succesxars and acagm) hoc da ripf a: w exorcise my" all ofthese Interests. Ineluding,bm not Ihnited to, the right to force ]me and sell the Propcnr, end totake any action required of Lender itcluding but not limited to. releasing or canceling this Security Insnument. BORROWER COVENANTS that Borrower is lawrmllyseaed orthe asam hereby conveyed and las the right to morrgog0. grant and convoy the Property and than the Property Is unencumbered. except for encumbrances of record. Borrower warrarda and will dofond generally the tide to Ilia Proporty against all claims and daramts, subject to any axumbranccs orrecord. THIS SECURITY INSTRUM£NTcombines uniform eo erares fornational use and nonmifornu wvenarswilh limited variu(ium by jurisdioitn to connilute a uniform scarily instrument covering rel propmy. UNIFORM COVENANTS. Borrower and Larmler covenant and agree as follows: 1. PaTmenl ofFrincipal, Interest nod Late Charge. Barrowershalt pay when due the principal ref. and interest on, the debtevdeneed by the Nae and line charges due under the Note. L hlmthl Payment of Taxes, lnburunc% and Olher Charges, Borrow or shall include in each monthly payment, together with the principal and Interest as set Porth in the Note and any late charges, a sum for (a) taxes and Ipecial assessments levied or to be levied against the Prappert_v, (b) leasehold payments or ground rents on do Property, and (c) premiums for Insurance required under Paragraph 4. fn any year in which the fonder must pray a mongogc insUrantc premum to 01e Secretaryof Housing and Urban Development ("Secretary'7, or in any year in which such premium would haw bear iaquird iFLender still hold the Sucuri(y Insirtarnate, each munlht) payment shad I also im;ludc cilhcr: (i) a bum fur theanal mortgage insurance prcndtat lobe pnid by Lender to rhe Secrotory,or(I a a monthlychnrge instendofamongage insurance premium if This Seemiry, Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except fm the monthly charge by the Secretary, throe items are called'Eberow Items•' and dee suns paid lu lender we rel Icd 'Escrow Funds.' Lmder may, at anytime, collect and hold amounts Por Escrow Items in an aggregate amount not to exceed the maximum omount ilea mw be requi red for Borrmvak escrow acenunt under the Real Estale Settlement Procedures Actor 1974, 12 U.S.C. 32601 etseel, and implementing reguluiom, 24 CPR Part)500, u they may be amended foe dmemdrie ("RESPA'), except Uat the cushion or reserve permitted by KESPA for unanticipated disbursements ordisbursements before the Dorrowrds payrneals are available in the aecaau may not be baud on amoants doe far the mangne irtctaatce lieemium. �Nt- Initials I@nrCw'(e� Oxn000uC Pa�2or5 aplp,emil$Q If the amounts held by Leader far Escrow Items cnxmd the nmtmnss permiucd m he held hyRESPA, Lender shall account b Borrower far the oxuess lands as required by RESPA. If Ute amounts of fords held by Under at spy time are not sufficient pay the Escrmv Items when due, Lender maynsailythe Rorrmver and require Borrower In make up dmeshot as permitted by RESPA. The Escrow Funds we pledged as additional security [broil sums secured by this Sewny Wtrument. if Baruwrr tenders to Lender the full payment of e6 such sums, Borrower's account shall be credited with the belance remaining for all Installment items (a),(b),and (e)and myrmtriga:o insurance premium instalknenl that Lenllef has not beacon oblipwas P ay to the Secretary, and Leader shall promptly m@nd anyexcess Rinds so Rarrower. Immediately prior to a foreclosure sale of Iho Property a its acquisition by (ender, Bmr ower's account shall be credited with any balance remaining for alt in zal lmenia for item (a), (b) and (c). 3. Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows. First, to the mortgage imtrance minium m be paid by Lender to the Secrataryor to Ota mandily charge bythe Secretary instead ofthe atanthly mortgage ireurancc prcminm; Second, a any laxea,.pxtal assessnsents, loa abold payments or ground rents, and fire, flood and other haaard a Insencc premiums, as requiraf; Third, to interest due under the Nae; Poarth, to amortisation of mhe principal ofthe Note; and Fi0h, to late charge due oder the Note. a. lire, Flood and Other HOLnrd lOarance Borrower shallimure all kprsrovcn+enb an the Property, whcher now inexidenceor subsequent lytrocitc), against anyhatards, casualties, and conlingenties, including fire, for whichletider requires insurance. This insurance shod be maintained in the amounts and far the periods iliac tender requires, Borrower shell also insure all improvementsan the Property, whether now inexistence or subsequentlyeecled, against loss bylloods to the extent required bythe Secretary. All insurance shall be cartied with tympanics approved by Ltmder. The insurance policies and my'tenewals shall be held by Underact! shall include loss payable clauses In favor of, and Ina form acceptable to, lander. In the event of loss, Borrower shall give Lender Immediate notice by mai I. lender may make proofof loss if not madeppromptly by Borrower. Each assurance compenyconcerned is hereby aulhoriud and directed to make payment for such loss direely to Lender, histead one Rorrower and in I ender, Mindy. All cur my part ofthe Insurance proceeds maybe applied by Lender, at its option, either (a) to the reduction ofthe indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 1, and then to pmpaurprinuipal, or (b) lir the muoratlon or repalrofthe damaged Property, Any application ofthe proceeds to the print pal shall mtexsend or postpone die due dine of Ilia nionitlypayments which are reliaredfo in Paragraph 2, or change the amount of such papirsents. Anyexcess assurance proceeds owran umimm required to poyall outstanding indabtedness orchardists Nate and this Security nsarurne a shall he paid to the crtity legallycnt dcol thereto. In ilia event offoreclosure offl s Severity l suunand a other transter of title to die Property dal cKbirgu islets the indebtedness, all right, title and intens[ of Borrower in and to insurance policies in forceshall pus to the purchaser. S. Occupancy, Preservation,Maintenanco and Protection orthe Property; Borrower's Loan Application; I.enscholds. Berrowrs shall ecapy,establish, and me the Property as Borrower's principal residence within sixrycinyseftcr the execuim of this Security Instrument (or within sixty days of a later sale or trail ler oftlic Property) and shall continue to occupy the Property as Borrower's principal residence for at teal one year after the date *foccupancy, allies Lender determines that requirement will corse undue hardship for 13cr r, in unless extenuating circumstances exist which arc beyond Borrawer'suadrall. Borrower shall notify Lender uranyexlenuating circurnslances. Borrower shall not cormmt waste or dcsmcy, damage in substantially change the Property or allow the Property to deteriorate, ream mbL wcu and tear excepted. Lender may inspect the Property ifthe Property is vacant or abandoned or the loan is in default. Lendermavtake reasamoble action to protect and preserve such vacant mabandoned Property. Borrower shall also be in default fBerrtaver, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender witham,m aerial information) inconnectiat with ilia loan evidenced bythe Note, incivehug,but not linsiled to rcprermatinns concerning Borrower's occupancy ofthc Propertyas a Principal residace. Iflhls Srrnriry Lrmamrrnat ism a lea chold, Borrower shall comply with the provisions ofthe Lose. If Borrower acquires fee title to the Property, the lasehold and fee title shall not be monad unless Lader ugraea to the merger in writing. 6.Condemution. The proceeds ofay nvard or elelm for denages, direct or consequential, to connection with arty condemnation or olFte akin pi of any part OF the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender so the ardent of the fill,math of the indebtedness dust remakm unpaid under the Note and this Security Instrument. Lender shall applyauch proceeds to the reduction ofthe indebtedness order the Note and this Security htstruuatk, first to anyy delinquet amouns applied in the order provided in Paragraph 7, and then to pepawreranr prin sipil. Any applicatim of the proceeds lathe principal shall notextend or postpone the due date ofthe morghlypsymens, which are referred to in Paragraph 2, or change the amount ofsuch Payments, Anyet*esa proceeds over on aniountrequired to pay all taaunding indebedmac under the Nae and this Security Instrument shut] be pnA to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lmder's Rights in flu Property. Borrower shall pay all governmental Or municipal charges• flnes and Impositions Kure not Included in Paragraph 2. Borrower shall pay these obligatio s on timedireclly to the avidly which isowed the paymont. lffailum (a ppaywould adversely affect Lender's interest In the Property. upon Lender's request Borrower shall prompt), furnish to lender mcclpts cvWcrWng there poymentr. If Borrower fails to make these payments or the payments required by Paragraph 2, or Fails to perform any other connections; and agreements contained in this Security Instrument, or Nam Is a legal procaedmg that mmysignilr®tlyaffmt Lenders rights in the Property(such as a proceeding in bankruptcy, for condemnation or to enforce laws Or regulations), then Lender may do andpay whatever is tacearary to protect oho value of flus Property and Lendei's rights at the Property, Including Payment of toxo:, humd Immence and mher hems memlmed In Paragraph 2. Any amou is disbursed by alder under this Paragraph shall became an additional debtofDomower and besecured by this Security Instrument. 71tese amourts stall bear interest frets ilia date ofdisbusmneut at duo Nolo rate, ad at Ole option of Lcndcr, shell be immediately due and payable. Bortower shall pronpllyd ischuge any hen which has prioilyover this Seamity Instrument unkss Borrower. (a) agrees in writing so the payment ofthe nbligation mounted bythe lien in a manner aexcptabte to Lender; (b) carless in good faith the lien by. or defends egatre enforcement ordure lien in, legal proceedings which In the Lenderb opinion operac to prevent Os enlbreement of Ole lien; or (c) sewes front Use ladder of the lien an agreement satisfactory to lender subordinating the lien to this SecurityInstrumee. Iffander determbus that any part ofmhe Property is subjecta o lien which tory attain ptiority over this Security Instrument, Lender tiny give Borrower a notice identifying the lien. Datawer shall satisfy the lienar takeone or more ofthe actions net hsr0t above wilhin 10 days of Oma giving of notice. & Fees. Lender may collect fees and ebwgm aulhorbed by the Secretary. 9. Grounds for Accelera0on of Dab6 (a) Belfult. Lender may, except as limited by regulations issued by the Secretory in the ase of payment deraulls, require immediate payment in full*fall sums secured by this Security Instrument If: {i) Ramower defaults by failing to pay in fullany moohty payment required by this Security Ir�trvnet - prior to Bron the due date orthe next month payment, or !� {Y. Prod rJ Initials 7" 142s.cv (119) Imrumt6t2 eargeb]srlam (ii) Barrow& dcfmlb by failing, fur a period of dninydays, to perforin anyoll obligationscomained In this Security Imnument (b) Salu WiIbuul Credit ApPtoval. Lender shall ifpemitted by applicable law(bncludingseclion 34 l(d)of she Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 17(ltj-3(d)) and with the prior approval of the Scerdary, require immediate payment in full of all the sums secured by this Security Instrument it () All or part otdw Property, ora beneficial It tfest Ina mistowming all mpnrtoflhe property, isseJdor otherwise transferred (other du,t by devise or dcwW), and (ii) The Property is nor occupied by the purchaser or grantee as his or he principal rusidomA, or the purchaser or grantee does so occupy the Propem•, but his or her credit has to been approved in aemrddrec with she requiremenu at the Secretary. (e) No Walver. If cl cumsionces once Ihet would permit Lender to require Immediate payment in hall, but Lander does not require such payments, leader dao not waive i4 rights with respect to subsequent events. (d) Regulations of HUD Secretary. In manycircumstances regulations Issued by the Secretary will limit lauder's rights, in The case of payment defaults, to require immediate payment in fug and foreclose Ifnot paid. This Security Nsnanaadoa no maharize acceleration or foreclosure ifno permitted byregutefiau of the Secretary. (e) blorngago Non Insured. Borrower agrees that ifttis Security hutiument and the Noe are notdetermined to be eligible forimurance under the Nalionel Huniiag Acawhhin 60 from the date bee(eo( Leader may, at its option require immediate payment in full mfall sum Necureul by this Security Instrument. A wrInen statement ofany Authorised agent ofthc Secretary dosed smbasgnent to 60 from the date hereof, declining to Insure III is Security lnsis111nellt and the Noe, shell be dmmed conclusive proufof such ineligibility. Notwithstanding the foregoing, this option may not be c lorelsed by Under when the unavailability of insurance is solely due to lenders Failure to remit a mortgage insurance premium to the Secheury. 10. Reinstatcraco t. Borrower has a right lobe reinstated If Lender has required immediate payment in fill become of l3cuo is failure to pay an amount due under the Note or this Security Instrument. This right appliet even after famdmure ptouadings ire instituted. To minute this Security Imnument, Borrower shall tender in a sump sun all estomis required to bring Borrower's account current Including, to the extent they are obligations of Borrower under this Security Inatrumanl, rareclosure costs and reostmable and customary adane)'s fees and =pan= properly associated with tiro foreclosure pr erdiog. Upon minsufemem by Borrower, this Security Instrument and the abligatbns that it secures shall remain in ofTecl as if Lender lad not required inunediae payment in full. However, Lender is not required to Permit reinstatement If. (i) Lender has accepted rcinsrmement after therxsmmencemencafforeclosuro pro eedin¢withintwoyears immediately preceding the commencement ofa current foreclosure proceeding, (i) reinstatement will preclude foreclosure an different grounds in the fitture. a (Bi)reinstatemem will adversely aRoct the priarilyofthe lien crcaut by W's Security Instrument. 11. Borrower Not Rdeascdi Forbearance By Lender Not a Waiver. Extemial of the tinier ofppapricot or modification ofamonization of die sums scoured] byihis Setnriry Insbnnxsu [footed byl arida tnmysuccessor in fr u restef Borrower &halt not operate to release the liabilityofthe original Borrower or Borrower's successor in interest. Undershot not be requited to commence proceedings against anystccessa in interesta refuse to extr o l time fur Paaymenta tda7wisc modityamortization ofthe sums secured bythis Securirylnstnaant byresson oforrydanmd made by thoOnglnnl Bamuwer or Borrowers successors in in[emsl. Any forbearance byLender in exercising any right or romedyshall not be awaiverofor Preclude die exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Sword Ill Cosigners. Thecevcusrft ndagrxnrwnuof this Security Instrument shall bind mid benefit the aNmxsors and assign urlsnder and Burrower, subject to the provisions of Paragraph 9(h). Borrower's covenants and ageemenis shall Irejoint and samol. AnyBorrowerwhoco-signs this Security Instrumad but does Wt eiteanrte the Note: (a) is oo3lgling this Security Instrument onlylo mortgage, grant and conveylhat BorrmvCrs interest In the Propertyande the toms of this Security Instrument; (b) is net pemamdlynbligalyd to paydic morns secured by this Settrily Inshument; and (e) agrees that Lend& and atryoher Borrows meyagmc to extend, modify, forbear a make anyaccomnodalians wins regard to the term of this Security Instrument or tic N ate widxxd IhatBarows:fsconserit 13.14lotias. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing it by Bost dabs mail unless applicable law roquhes use ofanther method. Tito notice shall be dirovted to the Property Acidness err anyotha adtkcas BOmowir designates by police to render. Anytootice to Lender shell be given by first class mail to Lede's address sWed herein or any address lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Berrower or Lender when given as provided N this paragraph. 1 J. Governing Law; Severabltty. This Securily Instrument shall be governed by Foderal law and llw law at rise jurisdiction in which the Propem Is located. In the event rhat Any provision or douse of thls Security TnarNment err theNac conflicts with applicable law, such coni iclshe allriot affect otbtr provisions ofthis Security Instrumentcrthe Nerwhichcan begiven olid without the conflicting provision. To this end the pruveiors of the Security Instrument and the Note arc declared to be sevcrable. IS.Borrotrcr's Copy. Eartoshall be given one conformed copy ofdse Note and ofthis Security Instrument. 16.Ilnsardeus Substages. Bortmver ahallratca�uor permit the presena,iuc, disposal, starnge, areleaxof cry Hazardous Substatar tui a in the Property. Borrower shall not do, nor el low anyone else to do, anphing afReting the Prop&tythat is In vloladon of myEndionmenerl Law. The praading two sentences shall not npplyto the presence, "or ataage on the Propertyofamall quamhics oflfaardom SuMunac that are generally recognized ro be appropriate tonomhal residcatinl nsmend to mainmmret of the ProParty. Bartow•crshall promptly give Lender wriadn nolke ofeny investigation, doim, demand, lawsuit or either a ct io n by any governnwahul or rogulabaty agency or private party involving the Property and any Hazardous Suhstante or Environmental [aw Of which Barrowci has Acrttnl knowledge. If Borrower lercns, err is notified by any governmental a regulatory aulbority, tlul m removal or other remediation ofany Hazardous Substances afleeing the Propertyts nraessary, Borrower shall prompdy asks all necessoryremedial ¢coons in accordathce with Bnvironmtnlal Law. As used in this paragraph 16, "Hezatdom Subsiettccs" arc thmc sib stances dcfincd as lease err harardous substances by b:nvira omsrij I Lase std Ilio fallowing stdulaoces: gasoline, k&ascot, ather flammable or toxic pevaleum producu,toxic pestkides and herbicides,v'olntikcolvenls,materieIs ConmMmg osbesros or kirrnaldehyde aM radioactive materials. As used in the paragraph 16, "Envinrrntenul law' steam federal laws end laws of the jurisdiction where the Property is located that relate to Iwaltlk safety or anvironnheoal protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree u fellows: 17. Assignment of Renu. Barowor unconditmnally msigm and mansfers to Lender all the rents and revenues of the Properly. Borrower authorius lender or lender agents to collect tic rents and revenues and hadrydirectseAch witiontof the Property to paythe rents to lander or Lender agent. However, prior to Larhder's notice to Baromof0arowers breach of any covenant or, agreement in the Security Instruni Borrower shell collect and receive all rents and revenues of the Properryastnateeforthebe fi(uf Lenderand Burrower.Thisassignmeu[ofrent eoastitutts an absolae assignment and tuss.a•ttosr 10001301612 Mea l cos Initials %--A.ii, _C 1, h( cnrrstoses:iur, not an assignment for addition al security only. If Lender gives noble of breech to Borrmvcr: (a) all rents received by Btamwar shall be held by Beirrmver as tlusleo flu benefd of Lender only, to be applied to dna sums secured by the Semrily tnstrumcoC (b) Lender &hatI be "titled to collect "receive all of the rents of the Property; and (e) each tomnt of (hu Prap lily shall pay All reeils due and unpaid to Lender or Lender egad an LmrdeYs written demand to the tenant. Borrower has not eaeaaed any price asso"n", ofthe sells and Inas not and will not partition any act gut weuld prevent -Lerida from exenthing its ?I&& Aredict this Paris ph 17. Lsuk+shall not lm requiced m anter upon, lake control of or tnainuin the Propertybefore or alley giving notice of breach to Rerrower. However, fonder m a judicially appointed rec"iva may do so at my time grace is a breach. Any application Oftener shall nc are or waive any default or invalidate sty ober right or remmyoff mildly. This assignment of rents ofthe Praparty shall terminate when nim deli secured by die Smutty Instrument is pawl in full. 10. Formlosu re Precedu re. If Lender requires Immediate payment in NII ander Paregmph 9, Leader only foreclose this Security Instrument by j udiciat proceeding. Lender shall be entitled to tollect all expenses Incurred in pursuing the remcdles provided in this paragraph 18,1ncuding, but not limited to, reasonable attorneys' foes acrd costs of title evidence. If the loader's interest in gals Security Inslrumont is held by the Socrotary and the Secretary requires immediate payment In full under Paragraph 9, the Secretary may Invoke the nonjudicial power ursu te provided in I lie Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et se . by requesting a foreclosure commissioner designated under the Aa to mmrrreacc foreelosu rcand to seR t he Property ns provided in tilt Act. Nal bits g in the preceding sentence shall deprive the Secretary of any rights Otherwise available to a [Lender under this Paragraph 18 nr applicable low. 19. Release. Upon payment of ell sums secured by this Smurityinshument, Lender shall release this Sanity Instrurnera witnou[eharge to Borrower. Donowaslull pay airy recordation mace. 20. Waivers. Borrower relinquishes ell right ofdowcr and waives all right nfhomestead and distrihutiveslvein and to the Properly. Borrower waives any right ofexanption as to the Property. 21. Redemption Period. If the Properly is less Ihan 10 acres In she and Lender waives in any idalosurc prmccdingenyrightiondericienry)udgm mngainst Borrower, the periodofmdcmplionfmmjudiciaisalesimilbereduced tab months. Ifibe court finds that die Ptoppaeay has been abandoned by Bonoav"r and l ends waivers tiny rightlo a de6citOry judgment against DonOwer, elle period ofrcdemption franjud lciai sale shall be reduced to 60days. Theprovlsioruorthis paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 62827 of dint Code of Iowa. Rigors to this Security lastrument Iftioe or mere riders are executed by Borrower and remrded together with this Security Instrument, the mveomb oreuch such rider shall be incorporated into and shall amend and supplement the mvenwsts and agreements orthis Security Instmmen m if the rider(s) were a part of this Security Instrument. (Check applicable bos(es)j. ❑ Condominium Rider ❑ (rowing Equity Rider ® Other (specilyJ Gfj Planned Galt Deselapmmt Rider ❑ Graduated Payment Rider Tax Exempt Financing Rider BY SIGNING BELOW, Bertower accepts end agrees to the terms contained in this Security Inshumentsnd in any riders) executed by Resrrower and recorded with it, The undersigned bormwcr(s) scknowicdg"(s) receipt ore copy orthis rulnuounat. Witnesses: 601 R 94 1f , (Seal) tlmreeer Dena K. Flare QQ C(/y / fJ- �s✓�-w" (Seal; V,—<, a Ch D.l bunu,.a (Space Below This Lino For Ackner sledgmentl S'T'ATE OF COUNTYOF Johnson This instrument was acknowledged beiore use ai October 21, 2009 , by flaps K. Harr and Christopher It. Kahn as wife and husband tier.4, JESSICA L GREVING Comrrssim Number trials Iiy uGprreswenGEi+lp:rn uaevrfa) toastcasht a L.G (typed My Commission expires: 03/128011 Pnae 5 or5 Nomry Public GOiP;ae]anJ9 PHA C.tuse No. t6t-370714E-7o3 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNfr DEVELOPMENT RIDER Is madc this 21st day of October 2009 and is incorporated into and shall be decreed to amend and supplement the Mortgage, Deed of 'frust or Security Deed ("Security Instrumcne') of the same date given by the undersigned ("Bormwa") to secure Baruwer's Note ('Nate') to same datoand wverina the propertydesatbed in the Security Instrument said bested at: The Property iso pan ofa plana) unit development ("PUD') known as Longfellow Manor (Name of Planned Unit Development) PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lends further covenant and agree as follows: A. So long as the Owners Association (or equivalent entity holding title to common areas and fecilitia), acting as trustee for the homeowners, maintains, with a generally accepted insurance carrier, a "master or'blanket" policy insuring the Property located in the PUD, including all w imQterncw nts noexisting a hercegtt aeeled on the mortgaged pranises, and such policy is salisfactory to haler and provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including Bre and other hazards included within the term "extended coverage", and lass by flood, to the extent required by the Secretary, then: (i) Leader waives the provision in Paragraph 2 of this Securiy Instrument for the monthly payment to (.aider of me-L.C111I1 of the yearly premium installments for hazard insurance on the Property, and (ii) Borrower's obligation under Paragraph 4 of this Security Instniment to maintain hazard insurance coverage m the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Burrower shall give Lerida prompt notice orany lapse In required hazard insurance coverage and of any loss occurring from a hazard In the event of a distribution of hazard insurance proceeds in Ilea of restoration air repair following a hoes to the Property a to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shalt be paid to Lender fa appticatkn to the stems secured by this Security Instrument, with any excess paid Lathe entity Iogally entitkd thereto. B. Borrower promises to pay all dues and aaerm ems Imposed pursuant to the legal instruments creating and governing the PUD. C If Borrower doers not pay PUD dues and assessments when due, then Lender may pay them. Arry amounts disbursed by Lender raider this paragraph C dull become additional debt of Borrower accused by the Security Im uni Unless Borrowerand Lender agree to other lerms of paymmt, ureic amatmts shall beer ineetsl 1'mnt the date of disbursement at the Nota rate and shall be payable, with interest, upon notice ham Lenda to Borrower requesting payment. BY SIGNING BELOW, Bortower accepts and agrees to the terms and provisions contained in this PUD Rider. _:p (SEAL) /' � ^� vv (SEAL) Borrower Dana K. Herr Borrower Christupher B. Kahle (SEAL) (SEAL) Barratw Borrower - )Spam Below This Line is For Acknowledgernent) - STATE OF Iowa > u: COUPfYOFJohnsom ) On this 21st day of Oetolra 2009 ,before me, a Notary Public in the Sate oflowa personally appeared: Dana K. Harr and Christopher B. Kuhn, as wife and husband to me personality known to be the person(s) name acknowledged that they executed the same as My Commission expires: 03112alll I 2008 CV (8/09) 10DO13DO1612 Jessica 4 air JESSICA L GB'. "N0 ��[ Comy CDM duaater lataea "5mm� My Comituss�m 6droa March 12. 2011 Ding imiriment, and OOT00000060c) FHANA RIDER TO MORTGAGE This Rider to Mortgage, made the date noted below, is incorporated into and shall be deemed to amend and supplement the Mortgage of the same date given by the undersigned (the "Mortgagor") to secure the Mortgagor's Note Residential Mortgage Network Inc (herein, the "Under") and covering the property described in the Mortgage (the "Property) to which this Rider is attached. The provisions hereof shall prevail notwithstanding any contrary provisions in any note or other instrument which evidences the obligations secured by the Mortgage. As long as the Mortgage is held by the Iowa Finance Authority or bads a mortgage-backed security held by the Iowa Finance Authority, 11S. Bank N A (thc"Servicer') or such of its successors or assigns as may by separate instrument assume responsibility for assuring compliance by the Mortgagor with provisions of this Rider, may declare all sums secured by the mortgage to be immediately due and payable if: 1) oil or part of the property is sold or otherwise transferred (other than by devise, descent or operation of the law) by the Mortgagor to a purchaser or other transferee: a. who cannot reasonably be expected to occupy the property as a principal residence within a reasonable time after the sale or transfer, all as provided in Section 143(e) and (i)(2) of the Internal Revenue Code of 1986, as amended (the "Codd'); or b. who has had a present ownership interest in a principal residence during any pan of the threc•ycar period ending on the date of the sale or transfer, all as provided in section 143(d) and (1)(2) of the Code (except that the language `100 percent" shall be substituted for "95 percent or mord' where the Inner appears in Section 143(d)(1)), unless the property is in a Targeted Arca; or c. at an acquisition cost which is greater than 90 percent of the average area purchase price (greater than 110 percent for Targeted Area residences), all as provided in Section 143(e) and (i)(2) of the Code; or d. who has a gross family income in excess of applicable median family income; all as provided in Section 143(1) and (ix2) of the Code: or 2) the Mortgagor fails or ceases to occupy the property without the prior written consent of the Mortgagee or its successors or assigns; or 3) the Mortgagor omits or misrepresents a fact that is material with respect to the provisions of Section 143 of the Code in the application for the Mortgage which secures the Nota . References arc to the Code in effect on the date of the execution of the Mortgage and arc deemed to include the applicable implementing regulations. By signing below, the Mortgagors) accepts and agrees to the terms of the Rider to the Mortgage Date: October 21, 2009 Dana K. Harr Printed Name of Borrower ,aa p, P. fto"- Signature of Borrasser This instrument was acknowledged By Da K. erran h A UBLIC in and Je{sf: . Greving MRO 14A I1 10011 14157.cvO2ros) itasuaot6a �.urr 4£S,,eIGALGR£vlNG -- = rommisston Number 183W8 mmissiall Erpkaa - March 12, 20" me on October 21, 2009 sieic Christopher B. Kuhn Printed Nome of Co -Borrower PL a ".4— . >� 1 Si turcofCo-Bo er B. Kuhn, as wife and husband asMongagot(s) 03/12/2011 My Commission Expires G I.-mmrssro 20t 9i as y... :•arch l2. GOTOI000a1600 Page 1 of 1 BK: 5059 PG: 896 Recorded: 3/6)2013 at 11:00:18.387 AM Fee Amount $17,00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa MARGIN ABOVE RESERVED FOR RECORDING INFORMATION PLEASE RETURN VIA EMAIL TO: RFCORDINGSIASO TII AW_ OM THIS DOCUMENT PREPARED BY: AND MAIL ORIGINAL' TO: LORI WOLF SOUTH R ASSOCIATES, P SOUTH a. ASSOCIATES. P.C. 6363 COLLEGE BLVD, SUITE 100 6363 COLLEGE BLVD, SUITE IOU OVERLAND PARR, KS 66211 OVERLANDPARK,KS6621I (913)663.7F.00 (913)663.7600 ASSIGNMENT OF MORTGAGE DATE OF INSTRUMENT: February28, 2013 GRANTOR: Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns 1901 E. Voorhees St. Suite C Danville, IL 61834 GRANTEE: U.S. Bank National Association 4801 Frederica Street Owensboro, KY 42301 AFFECTED INSTRUMENT IF APPLICABLE: October 23, 2009, In Book No. 4519, at Page 28 LEGAL DESCRIPTION (CONTINUED ON NEXT PAGE IF APPLICABLE): Unit 983, Longfellow Placa of Lot 10, Longfellow Martyr CondomlNuma, lava City. Iowa, according to the Declaration thereof recorded in Book 4196, Page 375, Records of the Recorder of Johnson County, Iowa. EXHIBIT G L p rn =7�t Z Z� t7 � 1 File No. 154373 n oN c -+ W Bill 1111111111111111111 On DA O +r EXHIBIT G Page I of I ASSIGNMENT OF MORTGAGE MIN: 100331100006605816 MERS Phone. 1-888-679-6377 FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns, 1901 E. Voorhees St. Suite C, Danville, IL 61834, hereby assigns that certain Deed of Trust recorded in the office of the Recorder of Deeds of Johnson County, Iowa, on October 23, 2009, in Book No. 4519, at Page 28, originally executed by Dana K Harr and Christopher B Kuhn in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network. Inc., its successors and assigns with respect to the following described property, Unit 983, Longfellow Place of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded In Book 4195, Page 375, Records of the Recorder of Johnson County, Iowa, commonly known as 983 Longfellow Place, Iowa City, IA 52240 (the `Properly'), has sold, assigned, transferred, conveyed, and set over the Deed of Trust to U.S. Bank National Association, 4801 Frederica Street, Owensboro, KY, 42301. WITNESS my hand and seal of the corporation this VR day of " , 20�� File No. 154373�I Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network. Inc., its successors and assigns BY: 1 d 0 _ �- Kelly Lynn Gammon, Vice President (Title) (Must be signed by President, Vice President, Secretary, Treasurer, or Cashier and NOT by any assistant officer) STATE OF KENTUCKY ss. COUNTY OF DAMESS ACKNOWLEDGMENT Page 1 of 1 BE IT REMEMBERED, that on this day of f��- 20� before me the undersigned, a notary pudic in and for said county and state, came Kelly Lynn Gammon, Vice President who is personally known to me to be the some person who executed, as such officer, the within instrument of writing on behalf of said Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns, and such person duly acknowledged the execution of the same to be the act and deed of the corporation. IN WITNESS, I have set my hand and affixed is I e da ar t a ve written. Nota u Date My Commission Expires i File No, ��1epepI54I37II3f u 8 I pupt�� Y����II A71P�Yu IIA � �17 ��II�II�I SII � �� SII owriE HOWARD SC\1CaiURGE W C * En. 6q 4.:ma '1i V.�SZR4s`#Z�+Gh9We IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY U.S. Bank National Association Plaintiff, vs. Dana K. Harr; Christopher B. Kuhn; Parties in Possession; City of Iowa City, Iowa Defendants. STATE OF IOWA ) ) ss COUNTY OF DALLAS ) EQUITY NO: ATTORNEY'S FEE AFFIDAVIT I, Douglas J. Mizer, being first duly sworn, upon oath depose and state that I am one of the attorneys for the Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney's fees to be taxed herein. I further depose and state that the Note and Mortgage and any other documents declared upon in the foregoing Petition are now in my actual possession; that I have read the foregoing Petition, know the contents thereof, have personal knowledge of the facts therein stated, and that the statements and allegations therein are true as I v believe. Ifaglat J. qer/10 ,�%� Subscribed and sworn to before me this da of 1 1 /aI(// l , 20-11, at West Des Moines, Iowa. SED INA TRAUESIC Commission Number 777607 My Commission Expires A'ow March 22, 2016 My Commission E pires: File No. 154373 I11111111 IE I I 11111111111111111111 E 11111111111111111 II EXHIBIT C') C—m W X;fA C3, CD 1 1.r, w Sr n �c r D T C7 =bank. Home Mortgage 6ri6 W10a@IoaP1-140DUMPU� Dana K Harr Chrlstooner B Kuhn 993 Longrellw P1 Iowa City IA 52240 14 fCPFa:SSITATlON 7107 B3B1 6542 1239 64B3 NOVemoer 08, 2012 99025173/12 REMIT PAYMENTS TO: U.S. BANK HONE MORTGAGE P.D. BOX 20005 OWENSBORO, KY 42304 OVERNIGHT PAYMENTS TO: U.S. Bank Home Mortgage P.O. BOX 20005 DEAR MORTGAGOR(S): RE: 9802517382 . OwensboroKY 42301 THIS_LgLTER-WILL SERVE-LS-NOT.ICE-ON-YDU"REACH-OF YDUR-N10RTGA� - - 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. S 84.61 �FORIFIED FUNDS ITHE LATE CHARGES, PLUS AMOUNT 2212.29 ADDITIONAL PAYMENTS THAT MAY COLE DUE WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS LETTER. IF YOU FAIL TO BRING THIS ACCOUNT CURRENT, THE FULL BALANCE OF THE LOAN WILL BE ACCELERATED. 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 TOCOUNT IS REINSTATEOTHEUMORTGAGE AFTERRENT WITHIN HIRTY ACCELERATIONYS. YOU PURSUANTNAVE THE- RIGHT 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. UNLE30) DAYS THISS YOU NOTICETHHATYYOUIDISPUTEE WITHIN THIRTY ( THE VALIDITY OF THE DEBT ORER ANY RECEIVING ISPORTION - 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. SINCERELY. DANA KOZAK VICE PRESIDENT DEFAULT COUNSELING DEPARTMENT 1-800-337-1193 WE ARE ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IP you are a servlcem er and/or their depandelltS and require numDerAdditional (a00)s 342`96471 or pleasecontact nttpt//' .miliraryon8SOUI`CenCCffI- :_o n Lr N om m s z z= uMo A:11 _ o .) a LENDER Mem94r FDIC Cwl oN r mnerpm KrERNFT REPRINT Z- a p� oC-3 o r a� o EXHIBIT South &Associates, P.C. 6363 College Boulevard, Suite 100 Overland Park, Kansas 66211 February 14, 2013 Dana K. Harr EG 983 Longfellow Place Iowa City, IA 52240 I I 111111111111111111111117190 1055 2940 0002 7k02I c� C5r- om z� z r oy zm --ia s = Q G n O j. D� O N EXHIBIT F February 14, 2013 Dana K. Harr 983 Longfellow Place Iowa City, IA 52240 Re: Property Address: 983 Longfellow Place, Iowa City, IA 52240 Loan Servicer: US Bank Home Mortgage (KY) Loan No. 9902517382 Note Holder: U.S. Bank National Association File No. 154373 Dear Borrower: South & Associates, P.C. 6363 College Boulevard, Suite too Overland Park, Kansas 66211 P: 913.663.7600 F: 913.663.1899 www.soufhlow.com We represent U.S. Bank National Association ("Note Holder") regarding the above -referenced Loan. U.S. Bank National Association is the current holder of the Note and owner of the Security Instrument. Due to a default in the payment of a Note dated October 21, 2009 for the above referenced loan and your failure to cure such default as previously demanded, you are notified that the Note Holder elects to declare the entire principal balance in the amount of $97,587.05, due and payable together with interest from August 1, 2012, and other fees and costs, including reasonable attorney's fees. The undersigned, on behalf of Note Holder, demands payment in the amount of $102937.11 to be paid within 14 days from the date of this letter in accordance with Iowa Code Section 654.46. Until the above demand of the entire balance is paid in the form of a money order or cashier's check, payable to US Bank Home Mortgage (KY), we will continue to take whatever legal steps are necessary to protect Note Holder's interests and to exercise its rights under law without further notice, including, but not limited to, foreclosing the Mortgage which secures this Loan and encumbers the above -referenced Property by initiating a foreclosure action or procedure. Attached is a Counseling and Mediation notice as prescribed by the Iowa Attorney General and as required by Iowa Code Section 654.4B(2). If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. If you have additional questions about the information contained in this letter, please contact US Bank as follows: Toll Free at 1-855-MYUSMAP [or 855-698-76271; E-mail: mortgageassistanceaointCc@usbank.com; South & Associates, P.C. The Law Firm of South & Associates, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the Law Firm will be used for that purpose. klk..A I Knn<n< 114.6.4. 1 Inwn Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa -sponsored program. help is available Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877.6224866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-6224866 today or go to lowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHelp.com This nWr_e is being pinwce-d as required by Irma Cade sa_tcn 654Aa(2). South &Associates, P.C. 6363 College Boulevard, Suite 100 Overland Park, Kansas 66211 7190 1055 2940 0002 7619 February 14, 2013 IM�LL� Christopher B. Kuhn 983 Longfellow Place Iowa City, IA 52240 February 14, 2013 �0 U )" Christopher B. Kuhn 983 Longfellow Place Iowa City, IA 52240 South & Associates, U. 6363 College Boulevard, Suite 100 Overland Pork, Kansas 66211 Re: Property Address: 983 Longfellow Place, Iowa City, IA 52240 F: 913 663-7600 Loan Servicer: US Bank Home Mortgage (KY) F: 913-663 7899 Loan No. 9902517382 www.southlaw.com Note Holder: U.S. Bank National Association File No. 154373 Dear Borrower: We represent U.S. Bank National Association ("Note Holder") regarding the above -referenced Loan. U.S. Bank National Association is the current holder of the Note and owner of the Security Instrument. Due to a default in the payment of a Note dated October 21, 2009 for the above referenced loan and your failure to cure such default as previously demanded, you are notified that the Note Holder elects to declare the entire principal balance in the amount of $97,587.05, due and payable together with interest from August 1, 2012, and other fees and costs, including reasonable attorney's fees. The undersigned, on behalf of Note Holder, demands payment in the amount of $102937.11 to be paid within 14 days from the date of this letter in accordance with Iowa Code Section 654.48. Until the above demand of the entire balance is paid in the form of a money order or cashier's check, payable to US Bank Home Mortgage (KY), we will continue to take whatever legal steps are necessary to protect Note Holder's interests and to exercise its rights under law without further notice, including, but not limited to, foreclosing the Mortgage which secures this Loan and encumbers the above -referenced Property by initiating a foreclosure action or procedure. Attached is a Counseling and Mediation notice as prescribed by the Iowa Attorney General and as required by Iowa Code Section 654.46(2). If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. If you have additional questions about the information contained in this letter, please contact US Bank as follows: Toll Free at 1-855-MYUSMAP [or 855-698-7627]; E-mail: mortgageassistanceooint(cDusbank.com; South & Associates, P.C. The Law Firm of South & Associates, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the Law Firm will be used for that purpose. O;....,. ; 18,.,,.,,. I Y.k...6. I I.,... Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa -sponsored program. help is aual-rlable Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877.622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 www.IowaMortgageHelp.com This ndice is being prowled as required oy lava Cyte sec4en 654.48(2). Department of Defense Manpower Data Center Status Rcpurt Pursuant to Servict=cmbcrs Civil Relief Act Last Name: HARR First Name: DANA Middle Name Active Duty Status As Of: Mar -27.2013 ti.w ma rrit,Dte er>kfe ecu ae On .�.a � 6 Aaln Dy' YY.1w /.Orn PRr Oat R4rM Atlke QIj NO D.Y 1MIF YwF� .... M rN HO ..._ n�n�na...r�r.auwr..wey N+a errw.b4F. tW eYrOW {ae Adr. Wp' Wry %T tAIOMAOIn IA�ry yr PY AWntkb s.+ar AOrr na aH� 9e0a ew.o Caawae rµ �_ ILS Ib IYl .ww r rerw �.a.wa rn O�u.em ar+m nAda rAOln bu4 eim. 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W M lrr �w� rMm MMW w W>Jul o- Isw M Nr mnM SMI rWuOrb Ratb tlw i4 Upon K 09" Me Wnk of Me DepmI nl a Delenee Manpower Dou CM . he°eo M V inl0rrn w Vqt ru prmeeeC. i FEb/! 1! ",,w, of Ik 1n4Hdtl d1 Nl eeyR-e any NAWe mM ae b d nreneiee 01 the llnildmGG SeniceF IAm^Y, Novy. MMine Cape. Alt Forel. NQAA, Pwlc Ibtlth, eM Coed GlwnY� THe 1letue NMltlee r(mnetrn on a Seneemember or hINHr aril rccetinrq roffplpn d fWro aMere b repot bf kdve Wly. HOWEVER, WITHOUT A SOCNL SECURITY NUMBER. THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORYTATNELY ASSERT THAT THIS IS THE SAME NDIVWAL THAT YOUROUERY REFERS TO NAME AND DATE OF BIRTH ALONE 00 NOT UNIQUELY IDFNIIFY AN NDNIDUAL Alert' F1. SroeHy.Dem. rTrener 0,Wt of Del .. Alenpo er DeU Center ABOB Ue CenNf Drive, Stile 0AE25 Page I of 1 TM blenw Menpasar Dee Canal (DAOC) h en agarritvnion d Me bpulmenl d DeYrua (QoD) tlW makeairw Ihs Cehmw ErmYnen! end Eliplsliy Rappdrp Sytlern (DEERS} daYlxnw+nkri h ee olricea,oures ddela on elpEilay ler milaary medulears arca olhr akgidlay syatmu TN CAD seeryry uppeM Ura mbmmerM d0a Sarncerrwrtnere Civil ReMy Ad (50 USG App. S Sot N eeV, a amerveeE) (SCM) (lerleerly brown w the Srllhra end Sabra' Gil Reba! Add ISaOj. DAOC Na raised huntr W a d alaruYrda tl'MM ntl peaaata arry'vdermatien kdicaydp IIW Oke iMivklwl I. ueremty en Wire dull respon,aa, and Ne e[(Irlenred enly a mus .mer wY. M eu evert ere ndvMal rsNrancad above, d eny Ymey oremur, Friend, r mprewmarlva aeieft to any manner Fruit 1N individual list an aims duly ler IN so4ve duty tar atar debt, or h otoevese enelud In IN ,nomdlom d Me SCRA, you Are Sliani encouraged An Obtain Further ver/eelron of the paraoom sYhh by cordhi ear psndea Seneee via the 'tlelerwlnk ml'URL htb'Ihvw.delerrtlnknlldprpdrPCOgSLORNnI. eyeu Nvaedderca the peram vrw on ecbva dWy MlN Wire duly 4eRre date and yw fse b obtain Ilda tdeeional Service vsnhcNkxr, punave promaims dlhe SCM may be 41mskW egairW you. Sw SO USC App. §521(c) This retrunee manes dee luleamg klfdmanon: (1) The nM1'iduel't Aoem Duty,Yka w the Aodve Duly SWw Dew, (2) W11e1Nr the ndhEarl YR AeMe only Status *,MM %7 by. Pmeedn0 Me A.eaire Duty stem Date (0) Whemer Oro rMividual r Neither unt moved dairy notllivaen b report For achra duty at Ne Act. Dray Status Dab, More Information on 'Active Duty Status" Aeon duty nolo. w reported n nr drNrale i darned In eceardanee wen 10 USC S 101(d) (1). Prlr b WIG only same of 0e, eallw duty Periods lase, Gain W oenta ubve day, N Nak7M vmu wbbtde, to ere nw of a member OF ea NaYrlel Guard, Mia Mud dee wrulea War a cal Y aotiw coniine sutoo.ixed A, da PrwdeM r Me Secondary d Dalai under, w USC § 502M For purpose, of repo Pini; In a nmki em✓gency dewred by rte President and rpponed by Federal hada All A<ava Guard ReaaN! (AGR) me maers mart be ssalgned aganat An wit orlead Inow uEon paw on An ere unt"yeuppdel. TNa sxAdas Navy Trenap Deal AamnlraamdM. Rewrvw (iia),Marine Corps Ad Na Reserve (ARal and Cost Guard Renena Pmyem Admrltbabr (RPAay Adam Duly shi also appba to a Urtirmed Servhe mrnber veo he an actin duty mmmieeianed olkmr d Me U S. Ptbbc Neallh Sri to r the National Goaa do And AlmosPtark AMwk,es4pn (NDAA, Commhaonad Cory+) Coverage Under the SCRA is Broader in Some Cases Ccvamge under Me SCRA h rwdr 0 soma saws and; kMldes acme eaYprrea d persona on acave duty for pupoa he d IN SCM We, souId not be apraed as m Amita Coy turner Mia rvntrile. SCM protect wa ara For Title 10 ane Title 14 senna deny records bar all III Unaliened Serosa priodt. Thus 02 period, of Ad. Duty are rat cove rod by SCM, et defined An doorrdenee siM 10 USC § 101(d) 1). Men, 0.N orders aro ems Med to ealend the period OF adhl dry, which a ud eabnd Si prdeoeon r Persona seeking to ray on the while cend'reuen eNJd tluck b make core Me rdar, en which SORA probc8ons em leasee Nw nd teen emended to exbtnd the ircdure dales d cornice. Fvdhermda, tone probtcoons d Ne SCM nay Attend m pemom neo M. reoeirsd ordre b mpmt for acliw dray r b be od.dad. bW vdn Nve mal aclusity begot At" dutyr aeusly reported For ndudan. rine Leal ben en Active Ouly entry h inportsnt benare a nunber d prdeddnf d eh SCRA extend beyond ere Mal dale, of ii duty Ttefa .Me cold My on Ti, carluft a an urged b Seek Q.41401 Iegel Mrdwl to encore tut all rtglMa "10110ed b Service membra AIdAr Me SCM are "mined WARNING'. Thit crefiwte coat pmidad Nsad dnSYsl nems. SStMtleY efbHh. and adwe duly talus dale provided by ea rARldslr Proi arronei Nlumason .nil uuw an aneeark, oMd1nY Y M W*vW*d. Certificate ID 72A1F524V027XBC �p No s z't � oN CA) =� xM o p i 7<n a =_ o� C) t D� END OF CASE FILE