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HomeMy WebLinkAbout2011 Lawsuits OR THE LEGAL EFFECT OF THE USE THE IOWA STNo. 05 ASSOCIATION Jon M. McCright F THIS FORM,CONSULT YOUR LAWYER Official Form No.305 it 5-r rt, o THE IOWA DISTRICT COURT YsocII ? JOHNSON COUNTY COMPLETE ONE OF THESE DIRECTIONS FOR EACH INDIVIDUAL, COMPANY, CORPORATION, ETC.TO BE SERVED DIRECTIONS FOR SERVICE OF ORIGINAL NOTICE TO: Johnson County Sheriff Serve: City Clerk, City of Iowa City At: City Hall, 410 E Washington, Iowa City, IA ON COMPLETION OF SERVICE NOTIFY: Jon M. McCright Special instructions or Information Relating to Service: Please serve Original Notice,Petition, Application for Temporary and Permanent Injunction, Order for Hearing re: Application for Temporary and Permanent Injunction, Affidavit of Rick Stickle,Affidavit re: Compensation, and Jury Demand NAME AND SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR BY: Jon M.McCright, ICIS PIN#: AT0005103 DATE: TELEPHONE NO. (319) 366-7795rit \ DEPOSIT FOR COST OF SERVICE ® Deposit Waived ly ` O Deposit for$ required and receipt thereof acknowledged. Ai IS � Gj Clerk of Court 0 The Iowa State Bar Association 2010 305 DIRECTIONS FOR SERVICE OF ORIGINAL NOTICE 10WADOC290 Revised January 1999 LAG: eAt l c✓r0n4) f �haHce_ (evronly) d4 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No. Lr ot"3"c)bS Plaintiff, AFFIDAVIT OF ATTORNEY vs. CITY OF IOWA CITY,IOWA - = . x r, cn c _..+ Defendant. � ;,• --- STATE OF IOWA ) ( o r: )ss G -= COUNTY OF LINN ) 7P- ,...• I, Jon M. McCright, being first duly sworn on oath,depose and state: That I am the attorney for the Plaintiff in the foregoing cause of action and that as part of the cause of action herein there is a claim for attorney fees pursuant to §572.33, Code of Iowa, as amended. That pursuant to §625.24, Code of Iowa, there has been and is no agreement between me as an attorney for the Plaintiff, and Plaintiff, express or implied nor between myself and any other person, except practicing attorneys engaged with me as attorney in this cause, for any division or sharing of the fee to be taxed. When said fee is taxed, it shall only be in favor of me as a regular attorney and as compensation for serves actually rendered in this action. Further Affiant sayeth not. " k n M. McCright C-5 C' —t --i t�-C — =� N y a Subscribed and sworn to before me by Jonjy144cCright this day :.• OctoNr, 2011. (A,5),Q„ A I V•IAL ROBERTA A.IttEKS Commission Kumber 160802 My Corr ais ion Expires ro,r,th . �d- Notary Public—State of Iowa IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No. 1. ftc /O 73 k8.5 Plaintiff, ORIGINAL NOTICE vs. CITY OF IOWA CITY, IOWA Defendant. TO: THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY NOTIFIED that there is now on file in the office of the Clerk of the above Court a Petition in the above-entitled action,a copy of which Petition is attached hereto. The Petitioner's attorney is Jon M. McCright, Suite 1010, 425 Second Street S.E., Iowa City, Iowa 52401. You are further notified that unless within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. OMA BERKLE :o M ' aQ4 CL RK OF THE ABOV COURT U JOHNSON COUNTY COURTHOUSE IOWA CITY, IOWA NOTE: The attorney who is expected to represent the Defendants should be promptly advised by Defendants of the service of this Notice. If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your ADA coordinator at 1-319-398- 3920,ext.aelk.•If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942. N C:J CD C_1 t7-< N <1 -73 M Jr Cl1 CO IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No. Lrlidd O73 4f5 Plaintiff, vs. ORDER FOR HEARING ;, _ APPLICATION FOR TEMP ' t CITY OF IOWA CITY, IOWA AND PERMANENT INJUNCALONc' V Defendant. Q u, ^' r AND NOW, on this r `any of October, 2011,the Application for Tempornd`° Permanent Injunction filed by the Plaintiff in this matter comes before the Court, and the Court, being fully advised in the premises finds that the same should be set for hearing. IT IS THEREFORE ORDERED,ADJUDGED that hearing on Plaintiffs Application for Temporary and Permanent Injunction will be held on the9 day of 2011, at .m., at the Johnson County Courthouse, Iowa City, Iowa, before a judge of this Court. NANCY A. BAUMGARTNER Judge—Sixth Judicial District of Iowa o = ) ry m p'o r:.;, cn CD IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No.LAc110�- 1S Plaintiff, JURY DEMAND vs. CITY OF IOWA CITY, IOWA Defendant. COMES NOW, the Plaintiff, and hereby demands a trial by jury in the above-captioned matter. /// / �/ o` o o' M. McC 'i't AT00 ff �� -j 1 5 2nd Street S.E., Sui 1010 c-)"< Cedar Rapids, IA 52401 i— m (319)366-7795 Facsimile: (319) 366-4551 ��-�' JMcCright@u,l010crlaw.com ts ATTORNEY FOR PLAINTIFF cc: r z . O;:f cam. ; 1 Oc., N • ,-SCh 1 : z c, IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No. ,d,dc c/a 73 t(c Plaintiff, `f AFFIDAVIT OFvs. RICK D. STICKLE 2^� •A C) .r CITY OF IOWA CITY, IOWA a $ . Defendant. N �� f-J STATE OF IOWA ) ca o –11 -S -'- - ) Ss C? — N I COUNTY OF LINN ) <r -171 r ' I, Rick D. Stickle, being first duly sworn on oath, depose and state: 1. I am the President of Hawkeye Land Co., an Iowa Corporation, with offices at 500 Stickle Drive NE, Cedar Rapids, Iowa 52402. 2. Hawkeye Land Company (hereinafter referred to as "Hawkeye") owns interests in real property located in Johnson County, in the municipality of Iowa City, Iowa. The specific interest owned are the right to grant easements on, in, under, over, above, across and along all or any portion of the old Chicago, Rock Island and Pacific Railroad Company. The Chicago Pacific Corporation (hereinafter referred to as "CPC") acquired all of the Chicago, Rock Island and Pacific Railroad Company's interest in the railroad line that runs east and west through Iowa City from William Gibbons, Bankruptcy Trustee, of the Chicago, Rock Island and Pacific Railroad Company. (See Trustee's Deed to CPC attached hereto as Exhibit A-1.) CPC, by quit claim deed, deeded the property in question to Heartland Rail Company ("Heartland"), (Exhibit A attached hereto). This deed reserved to CPC certain rights in the property recorded at page 118 of the CPC deed to Heartland. Heartland transferred its rights to Iowa Interstate Railroad, LTD (hereinafter "Iowa Interstate"). The balance of the reserved rights in this property were transferred to Hawkeye in two succeeding deeds attached hereto as Exhibits B and C. My interpretation of what Hawkeye owns is the right to grant easements for transportation systems and/or transmission systems on, in, under, over, above, across, and along any part of the property deeded to Iowa Interstate for the operation of the railroad line itself. Iowa Interstate has no right to grant any of the rights set forth in the exceptions set forth in their deed. Hawkeye has the right to grant easements for streets, sidewalks,sub-drains, drainage pads and storm sewer pipes. 3. The City of Iowa City ("Iowa City") has commenced a construction project known as "Iowa City Industrial Campus" that interferes with and intrudes upon Hawkeye's property rights without proper authority to do so and without paying just compensation for the use of Hawkeye's property. Iowa City has illegally done excavation work, has installed drainage culverts, waterlines, sub-drains, drainage pads, storm sewer pipe, streets and/or sidewalks upon Hawkeye's property. As shown on the attached Exhibit D, a copy of the Iowa City Industrial Campus Plans for Improvements, Iowa City has, or will be, installing all of the above on,under,or over Hawkeye's property rights. 4. Iowa City has been notified of these violations. (See copy of Hawkeye's attorney's letters requesting the City to cease and desist their actions on Hawkeye's property attached hereto as Exhibit E.) In spite of these warnings, Iowa City continues to violate Hawkeye's property rights without Hawkeye's permission. 5. This conduct and action is not only illegal, but is an unconstitutional taking of Hawkeye's rights and are tortious and of an ongoing nature. These structures, improvements, installations and excavations installed and/or used by Iowa City is an unlawful trespass upon Hawkeye's property that has been ongoing and continues to the present time. 6. The encroachment by Iowa City upon Hawkeye's property has substantially interfered with Hawkeye's exclusive possession, use and enjoyment of its property. Iowa City has been unjustly enriched by its continued use of Hawkeye's property without proper authority or the right to such use. 7. Iowa City should be enjoined from the continued illegal use of Hawkey.e's priirty and should be ordered to remove its improvements from Hawkeye's propeifibd Fay for4I1 damages to Hawkeye Land Company as a result of its trespass i I-Awkerell property. <FA. 3 7232 Further affiant sayeth not. (Liv3 -__. ----:-:-- Rick D. Stickle, President Hawkeye Land Company Subscribed and sworn to before me by the said Rick D. Stickle on this /7 day of eitalib( , 2011. 1,... -Ili . l -la fTARY PUBLIC - STAT. i� 'OWA ,0041 JON M. MCCRIGNT o.& Commission Number 703210 My Commission Expires „0e,,, 61 r1(0,- r- C) .;:::2 ' C] -., ---I m,....<. -C - r EDS; _= 3 . 4 °(11'61-1C- 1`I EXECUTED IN..4. .:)COUNTFRARTS OF WHICH THIS IS NO..4.V.0 - . • • --,,, ;,. L rome I as.. \J , TRUSTEES DEED 1 L THIS DEED, dated as of the first day of June, 1984, between William M. I•Z Gibbons, as Trustee, and not as an individual, of the Property of CHICAGO, ROCK \k. ISLAND AND PACIFIC RAILROAD COMPANY, Debtor (said Trustee, the Grantor herein, being hereinafter called the nrusteen) and CHICAGO PACIFIC CORPORATION, a Delaware corporation, the Grantee herein, having its principal place of business at 332 is 4 South Michigan Avenue,Chicago,Illinois 60604. 'e 4. 0 • WHEREAS,the Trustee pursuant to Order No. 3 dated March 28, 1975 was the k 41 trustee duly appointed, qualified and acting, of the Property of the Debtor in proceeaings ik. en -zr- for the reorganization of a railroad under Section 77 of the Bankruptcy Act pending in the United States District Court for the Northern District of Illinois, Eastern Division •0 (Reorganization Court), in No. 75 B 2697, In the Matter of Chicago, Rock Island and , Pacific Railroad Company, Debtor(Reorganization Proceedings) and by said Order No. 3 43 . cj ks ' was vested with all properties of the DebtOr,real and personals and e4 " t 7 _..ii WHEREAS,by operation of law in the Reorganization Proceedings the Trustee .3 ._<: received title to all of the property, assets, rights, privileges and franchises of the Cc..) Debtor;and WHEREAS, subsequent to January 25, 1980, the Trustee has been liquidating ligiall the assets of the Debtor's estate as authorized in Orders of the Reorganization Court;and LiWHEREAS, Order No. 67g (tonseinination Order and Final Decree) of the Reorganization Court entered in the. g tion Proceedings on April 19, 1984, . -tral provided that all of the property, assets, rights,privileges and franchises of the Trustee shall be transferred to, vest In and become the absolute property of CHICAGO PACIFIC CORPORATION, being the mune corporation as the Debtor with a new corporate name; Asia it and WHEREAS, by said order the Tiiustee was authorized to execute and deliver to b) CHICAGO PACIFIC CORPORATIONAsed substantially in the fent hereof, transferring , , to CHICAGO PACIFIC GpItPORATION, effentive as of June 1, 1984, all of the property, assets,righM,privileges and franehises of the Trustee;and WHEREAS, by said order OIROAGO PACIFIC CORPORATION was authorized and directed to record this'Deed in each Intisdietien in which CHICAGO PACIFIC CORPORATION owns real property or Interests therein. el r*" described property,Wll:ESSeEsareHt ,righthatts,tilefeiVilges and;franchises Iwith said Order and in furtherance and in confirmation of the the transfers ordered therein, and without other consideration, does hereby, effectivelts of June Is 1984,quitclaim, grant, convey, remise and release Onto CHICAGO PACIFIC CORPORATION,its successors and assigns,forever, all right, title and lnterest of the TrIlste or the Debtor of, in and to the following FIRST: All of the tights title-fluid interest, legal and equitable,of the Trustee or the Debtor in and to 511 lends end reel property, of every kind, character and description,and wherever located,.now owned,leased or otherwise held by the Trustze or — the Debtor, together with all of the appurtenances, tenements, hereditarnents, ways, waters, minera3.s, rights, improvements, structures, fixtures, licenses, leasebolos, el 3 114 ... El r 8 x FA.4 .-i O et cj ..", Ca i-i — 1- 71 5 r- ) C_71 , . .. ' I a .....; --1 EXHIBIT in-< - r- 4-1 -<r-- - re-, 7. [71 0 -..,..„ •• Lrl t_o 15 • easements, reversions, remainders, rents, issues, income, profits, rights, powers, franchises, privileges, immunities and other interests and items belonging to or in any way appertaining to such real property, SECOND: All other property, real and personal, of every kind, character or description, and wherever located,owned or held by the Trustee or the Debtor on the date first above written; TO HAVE AND TO HOLD all and singular the aforesaid property and interests therein hereby conveyed and transferred, or intended so to be, unto CHICAGO PACIFIC CORPORATION, its successors and assigns, to its and their own proper use, benefit and behoof, forever, free and clear, except as otherwise provided in said Order, of all claims, rights, demands, interests, liens and encumbrances, of every kind and character, of the Debtor, its creditors, claimants and stockholders. AND THIS INDENTURE FURTHER WITNESSETH: That the Trustee shall not incur any personal liability by reason of the execution of this Deed or by reason of any recital or provision herein contained. That the conveyance provided for herein is made without covenants of title or warranties of any kind whatever, express or implied. In order to facilitate the recording of this Deed, it has been executed in several counterparts, which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Trustee has executed this Deed, as of the day and year first above written. WITNESS: Carl E. Parker WILLIAM .GIBBON'S,TRUSTEE of the Property of Chicago, Rock Island and Pacific Railroad Company, Debtor Charles J. Harrison STAR OF IOWA Emmet County I -'01831 filed f orreccord Ihi •' of.J� o clock Nt knd recorded in book,[ 1'' i .�� .*corder - 2- 1=7 .71 n .1 --I• - iV rri y CI .r ci 16 `) STATE OF ILLINOIS • SS. COUNTY OF COOK On the 9th day of May, 1984, before me, Thomas L. Svehla, the undersigned, a Notary Public in and for said County and State, personally appeared William M. Gibbons, Trustee as aforesaid, to me known and known to me to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained, and as his free act and deed, pursuant to authorization contained in Order No. 678 of the Reorganization Court. IN WITNESS WHEREOF,I have hereunto set my hand and official sPnT _- Thomas L. Svehla Notary Public My Commission expires: September 2, 1984 THIS INSTRUMENT YJ•'a . THE CHICAGO. ROCK ISLAND AND NO:Af{Y Si31 +='r PACIFIC RAILROAD COMPANY'S NONRAIL ASSETS DISPOSITION GROUP. - 3— N G7 O • • •— .--4 —1 .�.. 2–C — r- rn lD 17 . I '...3U01.1_,11,..,_7,-,-r.,...1.7.6 ri r • . .r;_w / Ve F Ft-e-d�-.5/ .'3 71904 40 AM� a: QQrTCLAMM DEED 1 e r Of �REC(`HDEIt 1 JC1mluu CO 10‘..o. SNOW ALL MEN BY THESE PRESENTSc That the CHICAGO PACIFIC CORPORATION, a Delaware corporation, ("Grantor") in consideration of the sum of TEN DOLLARS(510.00)and other good and valuable consideration, the receipt whereof is hereby t acknowledged, does herby CONVEY and QUITCLAIM, aubfeet to the terms, conditions. reservations and exceptions hereinafter set forth,unto HEARTLAND RAIL CORPORATION, an Iowa corporation, with an address at 403 W. 4th Street North, Newton, Iowa 50208, 1 ("Grantee"), all of Grantor's right, title and Interest In and to the railroad right-of-way + 1 property described in Exhibit A. attached hereto and made a part hereof, including and !together with all improvements, tenements, fixtures,appurtenances thereto, rights-of-way, strips and gores of land,abutting extra-width land, improvements affixed or installed, such I as rail and right-of-way fences, buildings, passages, sewer rights, trackage, signal and communications equipment, waters, water courses, water rights and powers, flowers, shrubs, i ops, trees, timber and other emblements now or hereinafter located on the property i cP P�'ty � under or above the same or any ' part or parcel thereof, and all rlghtn, titles. interests and appurtenances, whatsoever, in any way belonging, relating, or appertaining to the property or any part thereof,or which shall in any way belong, relate, or be appurtenant thereto;and It being understood that the enumeration of any specific articles of property shall in no wise exclude or be held to exclude any items of property not specifically mentioned. All of the property hereinabove described, real,personal and mixed,whether affixed or annexed or not (except where otherwise hereinabove specified) and all rights hereby conveyed and transferred are intended so to be as a unit and are hereby understood, agreed and declared to form a pert and parcel of the property ("Property") and to be appropriated to the use of the Property, including but not limited to property shown on maps attached hereto as Exhibit B, and further ineluding the property described In the . . .. .,. on said HEAL ESTAIETRANSFER mops, insofar as such property Is described in said Exhibit A. TAX PAID Transier Fee -so• o'er � sen r" N �/ 0 Recording Fcc e- ^1,b� S_/.SP-oZA 0-a . SOS. hall l d O Total 1 eQ •n tai I ,LCU F23L 044,4).„. -per�" —4 - - nae, rr iu1s - N .-r{ (1t EXHIBIT R.3= ' 4) It Is the Grantor's intention to quitclaim all of its right, title and interest to Its railroad riight-of-way and contiguous property, exoept as excluded In said E Mbit A, located between the following end points; • t � Bureau, Bureau Co., Illinois at E.P.S. 8084+97, M.P. 181.53 westerly to Milan, Rock Island Co., Illinois at E.P.S.4438+63.8(Rip Line)and at B.P.S. 177+31 (Sherrand). Davenport, Scott Co., Iowa at E.P.S. 9634+00, M.P. 182.35 westerly to B. Des Moines, Polk Co., Iowa at E.P.S.1825+00,M.P. 350.80. W. Des Moines, Polk Co., Iowa at E.P.S. 19272+47, M.P. 385.0 westerly to Council Bluffs, Pottawattoinle Co.,Iowa at E.P.S. 28412+90. Hancock, Pottawattomie Co., Iowa at E.P.S. 24539+75, M.P. 464.77 southerly to Oakland, Pottawattomie Co., Iowa at E.P.S. 24794+I5, M.P. 469.59. Audbon, Audubon Co., Iowa at E.P.S. 80+75.5 southerly to the connection with Grantor's East/West main track near Atlantic,Cass Co-, Iowa. Altoona, Polk Co., Iowa at the connection with Grantor's East/West main trach southeasterly to Pella,Marion Co.,Iowa at B.P.S.6058+50+r M.P.114.80, Blue Inland,Cook Co.,Illinois as described in Exhibit A. Grantor reserves for itself, its successors and assigr3, all ores, minerals and royalties of eve•y kind and nature, including without limitation oil, natural gas, sulphur, coal, and lignite on or underlying the surface of the Property together with the right,by all lawful moans, to explore, drill for, protect, conserve, mine, take, extract, remove and market any end all such product,; provided that such activity shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee,Its successors or assigns. i I � Pa- 733 ru.E.l.ii 2 c= �3 n 1� 47)"� — �.� Fr, —o rn • r cn age 3 of 4C) • • Grantor reserves for itself, its successors and assigns, exclusive perpetual easements end the exclusive right to grant easements, leases or licenses, either in perpetuity or for terms, for the construction, Installation, emotion, reconstruction, i reinstallation, re-erection, relocation, maintenance, removal, repair, repiaeement, use and operation of transportation and transmission systems for all and every type of fluids,gases, resources, materials, products, communications and energy by whatever means including, without limitation, overhead conveyors, pipelines, telephone, radio, radar or laser transmission systema, wire, cable, fiber, fiber-optic, utility, energy and power transmission lines or conduits of every kind and character together with all necessary supporting structures and devices which may be constructed, erected or installed on, In, under, over, above, arrow and along all or any portion of the Property at any time from time to time in the future, upon such terms as Grantor deems appropriate In its sole discretion;and - Grantor reserves to Itself, its successors and assigns, the exclusive right to convert or amend any existing easements, licenses, leases or agreements for conduits, sewers, water mains, gas lines, electric power lines, cables, wires or other energy, communications and utility lines of any kind whatsoever beneath, in, on, over, across, along, or above the surface of the Property to easements,leases,or licenses, either In perpetuity or for terms, for the continued maintenance, operation and use of the same or to otherwise modify any existing easements, licenses, leases, or agreements upon such terms an Grantor deems appropriate in its sole discretion; and !YDL 733F'L;j18 3 e-3 CD C7 n 1>—4 -4 N.) :< o age 4 cf 4U) Grantor reserves to itself, its successors and assigns, the right of access to and ingress and egress over, upon, to, from and across the Property by Grantor and its desigwted contractors, licensees, agents and employees, together with all necessary and Incidental vehicles, work equipment, machinery and other movable structures for purposes in connection with the rights reserved hereby provided that any such access shall be made with • ' reasonable advance notice to Grantee and its operator and at the sole risk and expense of 4�I Grantor's designated contractors,licensees,agents and employees. I. ri l Grantor reserves to Itself, its successors and assigns, the exclusive right and I I: entitlement to any and all income arising out of or related to the existing easements,leases, ' licenses or agreements and the conversion or modification thereof and any and all income . ' I arising out of or related to the Mute easements, leases or licenses es provided for t hereinabove. Grantor rosorvu for itielf, its ru000saore and assigns tha exclusive right to enforce any and all of the rights and reservations as herein provided, at Law or in equity, against any person or entity bound by such rights and reservations as herein provided to recover any damages suffered by Grantor for any violation, threat of violation or breach hereof. All rights hereby reserved shall continue in perpetuity,whether or not exercised. The exercise of Grantor's rights reserved herein in respect of the easement grants, leases, licenses, and agreements shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee, its successors or This instrument is beingexecuted in multiple counterparts, each of which shall be considered en original. which counterparts have as Exhibit R attached hereto only those • maps depicting the Property in the County in which that counterpart is recorded. VOL 733 l'ci1/.9 4 c:, .1"5........>� n-- —1 —[C7 N r— %' cI, age 5 of 40) • IN WITNESS WHEREOF, this instrument is executed by the Grantor this day of x1984. • ATTEST: A HARVEY KAP NICK,Chairmen CHICAO PACIFIC CORPORATION �� •. Seer t�y Here Kapn STATE OF tLLINO19 ) I ) SE COUNTY OF COOK On this 4 day of 62C... ..G.t. , A. D., 1984, before me, the undersigned, a Notary Public In and for said County, In said State, personally appeared HARVEY KAPNICK in his capacity as Chairmen of the CHICAGO PACIFIC CORPORATION, to me known to be the Identical person named in and who executed the foregoing instrument and acknowledged he executed same as his voluntary act and deed • pursuant to the authorization given to him by said Corporation for the uses and purposes herein set forth. NOTARIAL SEALS o6--..G.4Q49, • Nota• Olio My Commission Expiresi q, 7A-4/A- /9/7 aw !Va. 733 YuI2O 5 r) 0 C-) -4� N r _ ; 1 � October 1, 1984 Heartland-Deed EXHIBIT A Being a description of parcels of land and strips of land of varying widths constituting y � a continuous tine of railroad property: SECTION ONE Blue island Yard(Four Outfreight Yard Tracks) Cook County, Illinois The Point of Beginning being on a line 8.5 feet westerly of and parallel to the centerline of Grantor's former yard track 15(local #47)and also being 6.5 feat easterly of Grantor's yard track 122 as presently laid out and located and on a line normal to Grantor's former main track #4 centerline located 735.8 feet northerly of the east/west centerline of Section 30, as measured along a line 50 feet westerly of and parallel to said main track #4 centerline; thence southwesterly from said Point of Beginning on a line 8.$ feet easterly of and parallel to the centerline of said yard track #22 to a line 71.5 feet westerly of and parallel to said• {� main track 14 centerline;thence southerly along said line to a line 7.0 feet westerly of and parallel to the centerline of track #10; thence southerly along said line to a line normal to said track 110 centerline located at the southerly headblock of said track #10; thence southeasterly along said line to a line 8.5 feet westerly of and parallel to the centerline of it Grantor's former yard track #5 (local 147); thence northerly along said line approximately 8,000 feet to said line 735.8 feet northerly of said east/west centerline; thence westerly along the last line intersected to the Point of Beginning; Also granting to the Grantee that nonexclusive easement easterly of said line 6.5 feet westerly of and parallel to said yard track #5 (local #47) centerline reserved to the Chicago, Rook Island and Peolfic Railroad Company, Debtor, Grantor's predecessor in interest, by the Regional Transportation Authority in Its condemnation in the United States District Court for the Northern District 1 YDl 733I'LE.L21 1 -`t Ci'< �n in cam, 3 r.3 • -- - age i of 9 C) •1 of Illinois, Eastern Division (No. 81 C 0431), and a nonexclusive easement westerly of a line 1 i 7.0 feet westerly of and parallel to said yard track #10 centerline and a nonexclusive easement easterly of a line 6.3 feet easterly of and parallel to said yard track 722 from said Point of Begin to a point opposite the point of switch for yard track 18 (local 145) as presently laid out and located in said outfreight lead (ladder) track, said nonexclusive easements being solely for railroad operating clearance purposes in order to comply with Illinois Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1969, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad Rules 101.1 through 121.1 Inclusive; Reserving to the Grantor an easement easterly of a line 7.0 feet westerly of and parallel to said yard track 710 centerline and an i easement easterly of and parallel to said line being 6.3 feet easterly of said yard track 122, both easements being solely for railroad clearance purposes in order to comply with Illinois Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1969, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad f ' Bales 101.1 through 121.1 inclusive; all In the Southwest Quarter of the Northeast Quarter of Section 30, the West Half of the Southeast Quarter of Section 30, the East Ralf of the Southwest Quarter of Section 30 and the Northwest Quarter of Section 31, both Sections 30 and 31 in Township 37 North, Range 14 East of the 3rd P.M. SECTION TWO Bureau to Rock Island and Milan Bureau County,Illinois Beginning at the intersection of the centerline of the Grantor's westbound (northerly) main track and a line normal to said centerline located 842.4 feet southerly of the North line of Section 18, as measured along said track centerline (E.P.S. 6064+97, M.P. 114.85), Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M.; thence westerly VOL 733 r;ci.lr2 2 irn M N through Sections 12, 1, 11, 10, 9, 8, 17, 18 and 7,Township 15 North, Range 9 East of the 4th P.M.; thence continuing westerly through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.;thence continuing westerly through Sections 38, 35, 34, 28, 27, 28,21, 20 and 19, Township 18 North, Range 8 East of the 4th P.M.; thence continuing westerly through Section 24, 23, 22, 21, 20 and 19, Township 18 North, Range 7 East of the 4th P.M.1 ' thence continuing westerly through Sections 24, 23, 14, 15, 18, 17, 8 and 7, Township 18 i North, Range 6 East of the 4th P.M.; Henry County, Illinois Thence continuing westerly along said main track centerline through Sections 12, 11, 2, 3,4, 5 and 6, Township 18 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range 5 East of the 4th P.M.; thence continuing westerly through Sections 38, 35, 34, 2?, 28, 29 end 30, Township 17 North, Range 4 East of I' the 4th P.M.; thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence Continuing westerly through Sections 13, 14, 11, 10, 9, 8 and 7, Township 17 North, Range 2 East of the 4th P.M.; thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, 111inais, Township 17 North,Range 1 East of the 4th'P.M.; Rock Island County, Illinois Beginning et the intersection of the Grantor's main track centerline and the Easterly line of Rock Island County; thence westerly along said track centerline, through Sections 3 and 4, Township 17 North, Range 1 East of the 4th P.M.; thence northwesterly through Sections 33, 32, 30 end 31, Township 18 North, Range 1 East of the 4th P.M.; thence westerly through Fractional Section 25, Township 18 North, Range 1 West of the 4th P.K.; thence westerly through Lots 9, 8, 7, 8, 5, 4, 3 and 2, LeClairos Reserve, and Sections 33, 32 and 31, (Including Grantor's right-of-way in Sylvan's Island in said Section 31), Township 18 North, {VOL 733 t,Li�..33 N O a --tcn 0 ry --i n N r- --0 r ' cam � C) O a•7e y c= 0.(2) Range 1 West of the 4th P.M.; thence westerly through Sections 38, 35 and 34, T wnship 18 ' North, Range 2 West of the 4th P.M.; thence southerly through Sections 3, 10, 15, 14, 23 and ; 24 to a termination at a line normal to said main track centerline located 1191.4 feet easterly of the north/south centerline of said Section 24 (E.P.S. 443$+63.6), as measured along said track centerline, and westerly through Section 23, 28, 27, 28 and 29 to a 1 termination at a line normal to said track centerline located 1793.2 feet westerly of the i East line of said Section 29 (E.P.S. 177+31), as measured along said track centerline, all in t 1 Township 17 North, Range 2 West of the 4th P.M. 7 f , SECTION THREE I Davenport to E. Des Moines i Scott County, Iowa i Beginning at the intersection of the centerline of the Grantor's Colorado West Bound J (northerly) main track and a line oriented at right angles to said track centerline located f seven hundred ninety-eight feet, more or less, southeasterly of the North line of Section 38, as measured along said track centerline (M.P. 192.35, E.P.S. 9834+00), also being the East end of Grantor's Bridge No. 1825 over Third Street as located in Block 74 of LeClaires Addition to the City of Davenport,Township 78 North, Range 3 East of the 5th P.M.;thence i westerly along Grantor's Davenport to Iowa City West Bound (northerly) main track I. centerline through said Section 98 and through Sections 25, 28, 27, 22, 21, 18, 17, 18 and 7 (IStcIuding all of Grantor's interest in his East Davenport Yard located East of the Fast line of Pershing(Rock Island)Street in the Southwest Quarter of Section 25,and located East of the East line of Iowa Strout and located northerly of the northerly line of Third Street In the Northwest Quarter of Section 38),all in Township 78 North, Range 3 East of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 10, 9, 4, 5 and 8, to the Westerly line of Scott County, Township 79 North, Range 2 East of the 5th P.M. i VOL 733 F' (r,E 12 4 4 . 1 r-2 I c I -- .11 . r N rn . ri., . . c- N �_O i i' age 10 of 40) I I , ALSO: Beginning at the Intersection of the centerline of the Grantor's West Bound i 1 (northerly) main track and a line two hundred sixty-tour feet, more or less, westerly of and parallel to the East line of Section 27, (M.P. 183.81, E.P.S. 9700+45), Township 78 North, 1. Range 3 East of the 5th P.M.; thence westerly and southerly along Grantor's Davenport to Muscatine main track centerline through said Section 27 and Section 14 to the intersection I }+ of said main track centerline with the south line of Third Street, as laid out and located in the City of Davenport(M.P. 184.25, B.P.S. 9732+05), Township 78 North, Range 3 East of the 5th P.M. kk a! Muscatine County, Iowa . Beginning at the intersection of the centerline of the Grantor's West Bound(northerly) main track and the East line of Muscatine County, being also the East line of Section 1, Township 78 North, Range 1 East of the 5th P.M.;thence westerly along said centerline through said i Section 1 and through Sections 2, 3, 4, 5 and 6(Excluding that part of the Northeast Quarter j of Section 5 lying northerly of a line fifty feet northerly of and parallel to the centerline of •.f said northerly main track;Excluding all of Grantor's right-of-way located southerly of a line I fifty feet southerly of and parallel to said northerly main track centerline located In said i Sections 4 and 5 and being a part of Grantor's abandoned Black Hawk yard to Cedar Rapids , line), Township 78 North, Range 1 East of the 5th P.M.; thence continuing westerly through f Section 31, Township 79 North, Range 1 East of the 5th P.M.(being in Scott County); thence continuing westerly through Sections 38, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M. (being In Cedar County); thence continuing westerly through Sections 4, 5 and 6, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1,2, 11, 10,9, 8,5 and 8,Township 78 North,Range 2 West of the 5th P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 18, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 2, 3 i and 4 to the northerlyline of Section 4 being irtg the northerly line of Muscatine County, t (excluding Grantor's personal property and track fixtures and appurtenances thereto, in said Section 12, pertaining to its Cedar Rapids to Columbus Jot. line of railroad), Township 78 { North, Range 4 West of the 5th P.M. 'AM 733 KLLL5 1 S i f`v I 1.4 7.....: ` ti a.- N h C7 I age 11 of 40) Cedar Cotmty, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the south line of Section 33, Township 79 North, Range 4 West of the Fifth Principal Meridian, being also the southerly line of Cedar County; thence westerly through Sectiorz 33, 32, 29 and 30 to the westerly line of Section 30,being the westerly line of Cedar County, Township 79 North, Range 4 West of the 5th P,M. Johnson Canty, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the East line of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County;thence westerly through Sections 25, 28, 27, 28, 29, 20 and 19, Township 79 North, Range 5 West of the 5th P.M., continuing westerly through Sections 24, 13, 14, 15, 18, 9, 8, 5 and 8, (Excluding that part of Grantor's former Elmira to Iowa City line lying northerly of the northerly line of Des Moines Street extended easterly, said street as laid out and Iocated in the County Seat Addition of the City of Iowa City; Excluding all of Grantor's interest In Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of County Seat Addition to the City of Iowa City, extended easterly,and lying northerly of the north line of Benton Street, as Laid out and located in Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's former Corelville end quarry spur in said Section 5), it Township 79 North, Range 6 West of the 5th P.M.; thence westerly through Section 1, Township 79 North, Range 7 West of the 5th P.M.; thence westerly through Sections 38, 35, 28, 27, 28, 29 and 30, Township 80 North, Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23, 22, 21, 20, 17, 18, and 7, Township 80 North, Range 8 West of the 5th P.M.; ALSOt All of Grantor's Iowa City to H11L3 branch line in the East Half of Section 15 lying easterly of a line eight feet easterly of and parallel to the centerline of Grantor's former Iowa City to Elmira main track, as located in or near Maiden Lane, ail In Section 15, Township 79 North, Range 8 West of the 5th P.M. VOt 733 Y;i.fi26 O 3 `lam ry �) It age 12 of 40) Iowa County, Iowa (, Thence continuing westerly through Sections 12, 11, 2, 3, 4, 5 and 8, Township 80 North, Range 9 West of the 5th P.M.; thence westerly through Section 31, Township 81 North, Range 9 West of the 5th P.M.; thence westerly through Sections 36, 35, 34, 33, 32, 29 and 30,Township 81 North, Range 10 West of the 5th P.M.; thence westerly through Sections 25, 38, 35, 34 and 33, Township 81 North, Range 11 West of the 5th P.M.; thence westerly through Sections 3,4, 5,6 and 7,Township 80 North, Range 11 West of the 5th P.M.; thence westerly through Sections 12, 11, 10, 15, 18, 17, 18 and 19, Township 80 North, Range 12 West of the 5th P.M. • Poweshiek County,Iowa Thence westerly through Sections 24, 23, 22, 21, 20, 17, 19 and 18, Township 80 North, Range 13 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 22, 21, 28, 29 and 30, Township SO North, Range 14 West of the 5th P.M.;thence westerly through Sections 25, 28, 27,28, 21, 20, 19 and 18,Township 80 North, Range 15 West of the 5th P.M.; thence yy�' westerly through Sections 13, 14, 1S, 18, 17, 18 and 19, Township 80 North, Range 18 West of the 5thP.M. Jasper County, Iowa Thence continuing westerly through Sections 24, 25, 28, 27, 34, 33, 32, 31 and 30, Township 80 North, Range 17 West of the Sth P.M.; thence westerly through Sections 25, 28, 23, 22, 21, 20, 17 and 18, Township 80 North, Range 18 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 26,27, 28, 33 and 32(Excluding that part of the East Half of the Southwest Quarter of said Section 27 lying southerly of a line fifty feet southerly of and 1' parallel to said math track centerline), Township 80 North, Range 19 West of the Sth P.M.; thence westerly through Sections 5, 8 and 7, Township 76 North, Range 19 West of the 5th P.M.; thence westerly through Sections 12, 11, 10, 9, 4, 5 and 8, Township 79 North, Range 29 West (Including Section 31, Township 80 North, Range 20 West) of the 5th P.M.; thence westerly through 9eotloro 1, 2, 3, 11, 10, 9, 8 end 7, Township 79 North, Range 21 West of the 5th P.M. [VOL 733 PUE 127 � I � 4 C)-c r 11. 0 r ----- _,.� age 13 of 40) Polk County, Iowa Thence continuing westerly through Sections 12, 11, 2, 3, 4, 9, 8, T and 18, Township 79 North. Range 22 West of the 5th P.M.i thence westerly through Sections 13, 24, 23, 28, 35 and 34, to a termination at line normal to said track centerline 820 feet westerly of the East line of said Section 34, as measured along said track centerline (Excluding all those ports of said Sections lying southerly or easterly of a line fifty feet southerly or easterly and ' parallel to the centerline of said main track) (E.P.S. 1825+00, M.P. 350.80) Township T9 1 North, Range 23 West of the 5th P.M. I! SECTION POUR Altoona to Pella Polk County, Iowa Beginning at the Intersection of the centerline of Grantor's Altoona to Pella branch line main trade and the West line of the East Half of the Southeast Quarter of Section 13 (H.D. E.P.S. 18701+20 +), Township 79 North, Range 23 West of the 5th P.M.; thence easterly through said Section 13, Township 79 North, Range 23 West of the 5th P.M.; thence southeasterly along Grantor's Altoona to Pella branch line main track centerline through Sections 18, 17, 18, 9, 10, 11, 14 and 13,Township 79 North, Range 22 West of the 5th P.M. Jasper County, Iowa Thence southeasterly through Sections 18, 19, 20, 21, 28, 27, 34 and 35, Township 79 North, Range 21 West of the 5th P.M.; thence southeasterly through Fractional Sections 3, 2 end 1, • Township 78 North, Range 21 West of the 5th P.M.; thence southeasterly through Sections 8, S, 8, 9, 10, 15, 14, 23, 24, 25 end 38, Township 78 North, Range 20 West of the 5th P.M.; thence southeasterly through Section 31, (Excluding all that part of said Section 31 lying northerly of a line fifty feet northeasterly of and parallel to said track centerline), Township 78 North, Range 19 West of the 5th P.M. 1 �o v4. 733 hu J2O 8 _ .1 o O CO 7 fV ,:s7; ;I:2y Ian a L4 at 4U) Marion County, Iowa Thence southeasterly through Sections 8, 5, 8, 9, 18, 15, 22, 23, 26, 25 and 38, Township 77 North, Range 19 West of the 5th P.M.;thence southeasterly through Section 31, Townahip 77 North, Range 18 West of the 5th P.M.; thence southeasterly through Section 5, 5, 4, 3, 10 and 11 to a termination at the east/west centerline of said Section 11 (E.P.S. 6056+50 1, M.P.114.60),Township 76 North, Range 18 Wert of the Sth P.M. SECTION FIVE W. Des Moines to Council Bluffs Polk County,Iowa Beginning at the Intersection of the centerline of the Grantor's main track and a line normal '. to said track centerline located 362 feet westerly of the north/south centerline of Section 21, Township 78 North, Range 25 West of the 5th P.M., as measured along said track I� centerline,(E.P.S. 19272+47, M.P. 365);thence westerly along said track centerline through Sections 21, 28,29 and 30, Township 78 North, Range 25 West of the 5th P.M. Dallas and Madison Counties,Iowa Thence westerly through Sections 25, 28, 27, 28, 29 and 30, Towrship 78 North, Range 26 West of the 5th P.M., Dallas County;thence westerly through Sections 25,28, 27, 22, 21, 20, 29 and 30, Township 78 North, Range 27 West of the 5th P.M., Dallas County; thence southerly through Sections 25 and 38, Township 78 North, Range 28 West of the 5th P.M., Dallas County; thence westerly through Sections 1, 2, 3, 4, 5 and 8(Excluding all that part of the Southwest Quarter of said Section 4 lying southerly of a line fifty feet southerly of and parallel to said main track centerline), Township 77 North, Range 28 West of the 5th P.M., Madison County; thence westerly through Sections 1, 2, 3 and 4, Township 77 North, Range 29 West of the 5th P.M., Madison County; thence westerly through Sections 33, 32 and 31,Township 78 North, Rang* 29 West of the 6th P.M., Dallas County. g i VOJ, 733 11LE_129 111 _ N czt' C) N J f U 't • I age 15 of 40) Guthrie and Adair Counties,Iowa Thence westerly through Sections 35 and 35, Township 78 North, Range 30 West of the 5th P.M., Guthrie County; thence westerly through Sectiore 2, 3, 4 and 5, Township 77 North, Range 30 West of the 5th P.M., Adair County; thence westerly through Sections 32 and 31, Township 78 North, Range 30 West of the 5th P.M., Guthrie County;thence westerly through Sections 36, 25, 23, 27, 28, 29 and 30 (Excluding that part of said Section 28 lying northerly • of a line fifty feet northerly of and parallel to said main track centerline), Township 78 North, Range 31 West of the 5th P.M., Guthrie County; thence westerly through Sections 25, -- 38, 35, 34, 33, 32, 29 and 31, Township 78 North, Range 32 West of the 5th P.M., Guthrie • County; thence westerly through Sections 35, 35 and 34, Township 78 North, Range 33 West of the 5th P.M., Guthrie County; thence westerly through Sections 3, 4, 9, 8, 7 and 18, Township 7? North, Range 33 West of the 5th P.M., Adair County; Reserving to the Grantor all portions of Grantor's right-of-way in said Counties not currently necessary and useful for railroad operations by reason of line changes or re- align m eats. Cass County, Iowa Thence westerly through Sections 13, 14, 23, 22, 21, 28, 29, 30 and 31, Township 77 North, Range 34 West of the 5th P.M.; thence westerly through Sections 36 and 35, Township 77 North, Range 35 West of the 5th P.M.; thence westerly through Sections 2, 3, 4, 9, 8 and 7, Township 76 North, Range 35 West of the 5th P.M.; thence westerly through Sections 12, 11, 2, 3, 4, 3 and 8, (Excluding that part of the Southeast Quarter of said Section 8 lying southerly of a line normal to Grantor's former Atlantic to Griswold branch line main track centerline located approximately 1,075 feet southwesterly of the East line of said Section 8, as measured along said track centerline; Excluding that part of the Northwest Quarter of said Section 8 lying northerly of a line one hundred feet northerly of and parallel to the lo- 03- 733 1 kt-150 -1 fV I b rri age 16 of 40) centerline of said main line track), Township 78 North, Range 38 West of the 5th P.M.; thence westerly through Sections 1, 2, 1, 4, 5 and 8, Township 78 North, Range 37 West of the 5th P.M. Pottawattamie County, Iowa Thence continuing westerly through Sections 1, 2, 3, 4, 5 and 6, Township 78 North, Range 38 West of the 5th P.M.;thence continuing westerly through Sections 1, 12, 11, 10, 9, 16, 17 and 18, Township 76 North, Range 39 West of the 5th P.M.; thence westerly through Sections 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 40 West of the 5th P.M.; thence westerly through Sections 24, 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 41 West of the 5th P.M.r thence westerly through Sections 24, 23, 28, 27 and 34 to a termination at a line normal to said centerline located 117.3 feet southerly of the North line of said Section 34, as measured along said track centerline,CE.P.S. 25082+08.8, M.P. 475.02), I{� Township 76 North, Range 42 West of the 5th P.M. {' ALSO: Beginning at the intersection of the centerline of the Grantor's math track and a line normal to said track centerline located one hundred feet northerly of the east/west 1 centerline of Section 5, as measured along said centerline, (E.P.S. 25879+15.7, M.P. 486.34), Township 74 North, Range 43 West of the 5th P.M.; thence generally westerly through Sections 5, 8 and 7, Township 74 North, Range 43 West of the 5th P.M.; thence northwesterly through Section 1, Township 74 North, Range 44 West of the 5th P.M.;thence , aorthwestariy through Sections 36 and 35 to a termination at the north/south centerline of said Section 35,(B.P.S. 28412+90), Township 75 North, Range 44 Weat of the 5th P.M. VOL 733 P=Ld31 11 O .--) Ffl gri I agc f .,i. '..,. ALSO: All of Grantor's tracks end appurtenances as presently laid out and located within • the East Half of the Southwest Quarter of Section 35, being Grantor's two main Ilne tracks and spur tracks 23 and 24, Township 75 North, Range 44 West of the 5th P.M. • ALSO: All of Grantor's interest In his "Joint Riverline" which extends from E.P.S. 28403+40 i .0+38 FL& located in the Southeast Quarter of Section 35; thence northerly and westerly through Sections 35, 34 and 33 to a termination at E.O.T. 151+87.5 located in the Northwest Quarter of the Northeast Quarter of said Section 33, Township 75 North, Range 44 West of the 5th P.M. SECTION SIX Audubon to Atlantic Audubon County, Iowa Beginning at the Intersection of the centerline of the Grantor's branch line main track and a 1 line normal to said centerline located 112.5 feet northerly of the east/west centerline of Section 20, as measured along said track centerline, Tovmship 80 North, Range 35 West of i • the 5th P.M.; thence southerly along said track centerline through Sections 20, 21, 28, 33 and 34, Township 80 North, Range 35 West of the 5th P.M.i thence southerly through • Sections 3, 10, 15, 22, 27, 34 and 35, Township 79 North, Range 35 West of the 5th P.M.; thence southerly through Lot 1 of that un-named Fractional Section northerly of Section 5, and through Lot 4, Lot S and Lot 12 of that un-named Fractional Section north of Section 4, and southerly tl'.rci.:gh Sections 4, 3, 8, 17, 18 and 19, Township 78 North, Range 35 West of the 5th P.M.;thence southerly through Sections 24, 25 and 38, Township 78 North, Range 38 West of the 5th P.M. vet. 733 rtLE x.32 12 l � r n N �' - age 18 of 40) Casa County, Iowa Thence southerly through Sections 1,2, 11, 14, 23, 22, 21,28,29,32 and 31,(Occluding all of said Section 31 lying westerly of a line fifty feet westerly of and parallel to said branch line main track centerline),Township 77 North, Range 38 West of the 5th P.M.;thence southerly through the Northwest Quartet of the Northeast Quarter of Section 8 to a termination at the intersection with the centerline of Grantor's main W. Des Moines to Council Bluffs track 13 being at a line normal to said branch line math track centerline located 1,454 feet southerly of the Ncrth line of said Section 8,as measured aim-4f said branch line main track centerline, Township 78 North, Range 38 West of the 5th P.M. !f 1 • f SECTION SEVEN Hancock to Oakland Pottawattamlo County,Iowa Beginning at the Intersection of the centerline of the Grantor's former branch line main track and the east/west centerline of Section 8, (E.P.S. 24539+75, M.P. 484.77), Township 79 North, Range 39 West of the 5th P.M.; thence southerly along Grantor's branch line main tree*centerline through Sections 8,17, 18,19 and 30,Township 78 North, Range 39 West of 1 the 5th P.M.; thence southerly through Sections 25 and 36, to the south line of said Section i! 38(B.P.S. 24794+15, M.P. 188.58),Township 76 North, Range 40 West of the 5th P.M. { I i vaL. 733 HLt 133 CD —< .4m..4 --4e) n, j--" © ,s G ( . v _ ----�L- age of 4(J) EXCEPTING AND EXCLUDING THE FOLLOWING DESCRIBED PARCELS OF LAND: Silvis Yard Parcel 1: The Point of Beginning being on the west line of the East Half of the Southwest Quarter of Section 29,To:mohip 18 North, Range 1 East of the 4th P.M., and that southerly property line between the C.R.Lec P. and Deere & Company established In an instrument from C.R.Ldc P. to Deere&Company dated September 22,1968,said Point of Beginning also ( being approximately 950 feet northerly of the south line of said Section 29;thence South 10° 34'23" West, 414.81 feet to a point 15 feet north of the North rail of track #170; thence South 79°23'37" East along a line parallel with and 15.D feet distant from said track 0170, f( 24.50 feet;thence South 10°34'23"West 9.40 feet; thence South 79°25'37"East, 81.0 feet; thence North 10° 34'23'Eaat, 9.40 feet to a point 15.00 feet north of the North rail of said track 1170; thence South 79° 25' 37" East along a line parallel with and 15.0 feet distant from said track 1170, 826.41 feet; thence North 10° 34'23" East, 58.00 feet; thence South 790 25'37"East, 135.00 feet;thence South 10°34'23" West, 58.00 feet to a point 15.00 feet north of the North rail of said track #170;thence along parallel with and 15.00 feet distant from said track #170 on the following courses and distances; South 79° 25' 37" East, 29.07 feet; southeasterly along the arc of a curve, 158.90 feet, said curve having a radius of 553.90 feet and a long chord which bears South 71° 12'31" East, 158.36 feet; South 82° 59' 24" East,815.58 feet;southeasterly along the arc of a curve, 218.44 feet said curve having a radius of 749.58 feet and a long chord which bears South 54° 38' 30" East, 217.89 feet; • thence South 48°17'35"East,341.02 feet to the point where said line Intersects track #229; thence North 43°42'25"East, 15.00 feet to a point 15.00 feet north of the North rail of said track 1229;thence along,parallel with and 15.00 feet distant from said track 3229 and 1170 on the following courses and distances; South 48° 17' 35" East, 101.30 feet; southeasterly along the arc of a curve, 170.79 feet, said curve having a radius of 580.94 feet and a long chord which bears South 54° 42'55^ East, 170.17 feet; South 83° 08' 14" East, 348.53 feet to the east line of the Northwest Quarter of the Northeast Quarter of Section 32; thence ?VOL 733 PCJ 4 14 N. N p ` C r�P ° d C.73 n age 20 of 40) continuing South 63° 08' 14" Fait, 250.00 feet; thence South 23° 51' 48" West, 40.00 feet; thence North 63° 08'14"West, 225.27 feet to said east Line; thence South 04° 51' 55" East along said Line, 34.67 feet;thence North 63° 05'54"West,78.87 feet;thence northwesterly along the are of a curve, 129.12 feet, said curve having a radius of 452.88 feat and a long chord which Dears North 71° 15' 59" West, 128.88 feet to a point on a line 15.00 feet distant from and parallel with the Southerly rail of track #118; thence North 79° 26'04" West along said line, 1846.58 feet to the point of intersection with a line 15,00 feet distant from and 'I parallel with track #119;thence North 87° 33' 55" West along said line, 113.83 feet; thence I North 02° 28' 05" East, 62.63 feet to a point on a line 12.50 feet southerly of and parallel with the centerline of track #1231 thence North 79° 16' 00" West along said line 2104.81 feet; thence along said line, northwesterly along the aro of a curve 389.54 feet,said curve having a radius of 2499.55 feet and a long chord which bears North 74° 48' 07" West, 389.15 feet; thence along said line, northwesterly along the arc of a curve, 305.51 feet,said curve having a radius of 698.19 feet and a long chord which bears North 82° 27'45^ West, 293.31 feet to a point on a line 12.50 feet distant from and parallel with the centerline of track #185; thence South 85° 24' 44" West along said line, 261.29 feet; thence North 00° 00' 00" West, 224.58 feet; thence South 79° 43' 15" West along the common boundary line between Iowa-Illinois Gas do Electric Ca and the C.R.Ldc P. 500 feet; thence North 82°33'39"West along said common boundary 418.58 feet; thence South 75° 6' 00" West 711 feet, more or less, to a line 30 feet easterly of and parallel to the north/south centerline of Section 30; thence southerly along said line to a line 12 feet northerly of and parallel to the centerline .; of C.R.L& P. track #24; thence easterlyalongsaid line approximately 8,842 feet, more or less, to the west line of the East Half of the Northeast Quarter of Section 32; thence southerly along said west line to a Line 15 feet northerly of and parallel to the centerline of the C.R.Ldc P. westbound/northerly main trade; thence southeasterly along said line approximately 10,759 feet to a line oriented normally to said main track centerline located 921.5 feet eouthaaaterly of the eget/west centerline of Section 4, as measured along said IVO. 733 t'c 235 15 11) O • fir'+ • ago 21 of 4U) main trade eenterline, Township 17 North, Range 1 East of the 4th P.M.; thence normal northeasterly to a line 40 feet northerly of and parallel to said westbound/north math trade I 1 centerline; thence easterly along said line to the West Bank of the Rock River; thence northerly along said bank to the east/west centerline of Section 3; thence westerly along said east/west centerline to a point 479.5 feet northerly of said westbound/northerly main t track centerline, as measured normally to said centerline; thence northwesterly and parallel to said track centerline to the north line of Section 4;thence easterly along said north line approximately 84 feet to the east line of Wlershings First Addition; thence northerly along • said line 422.73 feet; thence North 68° 45' West, more or less,for 152.85 feet;thence South t 1 25° 15' West, mere or less, for approximately 267 feet; thence North 65° 15' West, more or I less, for approximately•46 feet; thence North 30° 15' West, more or less, for 377.4 feet; thence North 74° 30' East, more or less, for 435 feet; thence North 25° 30' East, more or II• Iesa, for 102.9 feet; thence South 72° 30' West, more or less, for 247.3 feet; thence North 42°45' West, more or less, for 645.9 feet;thence North 120 45'West,more or less, for 801.8 feet; thence North 31° 30' Weat, more or less, for 440.8 feet, to the Indian Boundary Line; thence easterly along said line 550 feet to the north/south centerline of Section 33; thence north along said centerline 1,437.1 feet;thence North 85° 45'West for 2,453.2 feet;thence north parallel to the west line of said Section 33 1,952 feet; thence South 42° 58' West for , 438.8 feet; thence northerly end parallel to the east line of Section 32 for 15 feet; thence North 9° 39'East for 101.4 feet; thence northerly and parallel with said east line of Section 32 to the north line of said section;thence westerly along said north section line 273 feet, more or less; thence northwesterly 270.24 feet along a circular curve concave to the • southwest and the radius of which is 1530.88 feet to the most southerly point of that Tract 2 the C.R..LdcP. conveyed to Deere do Company In instrument dated September 22, 1968; thence North 80° 50' 11" West along the southerly line of said Tract 2 for approximately 3,648 feet to a point on said west line of the East Half of the Southeast Quarter of Section 29, being the Point of Beginning; all in the Southeast Quarter of Section 30, the Northeast r� �r77 16 )VOL 733 rltE 126 _ -- r`) D --i —1 t) tV r r-- m m age 22 of 40) . f Quarter of Section 31, the South Half of Section 29, the North Half of Section 32, the West jjHalf of Section 33, the Southwest Quarter of the Southeast Quarter of Section 33, Township i 18 North, Range 1 East of the 4th P.M. and all in the Northeast Quarter of the Northwest i Quarter of Section 4, the Northeast Quarter of Section 4 and the West Half of Section 3, Township 17 North, Range 1 East of the 4th P.M. • Parcel 2, Commencing at the intersection of the north line of First Avenue, City of Silvis 111. and the west line of 7th Street,City of Silvis;thence North 10° 38'East along said west line of 7th Street,extended for 140.0 feet to a point on the north line of a recorded alley being • 20 feet In width;thence South 79° 22'East along said north alley line for 722.84 feet to the • Point of Beginning;thence North 10°38'East for 432.95 feet; thence southerly end on a line parallel with the centerline of Grantor's westbound/northerly main track for 455.21 feet; thence normal southerly 282.95 feet; thence normal westerly 200 feet; thence normal 1:1 southerly 1S0 feet; thence normal westerly 255.21 feet to the Point of Beginning;all in the j West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 I' 1 North, Range 1 East of the 4th P.M. Parcel 3, Commencing at the Intersection of the north lino of First Avenue and the west line of 16th Street,as laid out and located In the City of Silvis, Illinois; thence South 79° 22' i I � East for 218.0 feet; thence North 10° 38' Fast for 504.46 feet to a line 30 feet southerly from and parallel to the centerline of Grantor's southerly/eastbound main track; thence southeasterly along said line South 790 23'West for 1004.83 feet to the Point of Beginning; 1 thence South 10° 37'West for 72.5 feet; thence 180 feet along a curve to the left of radius i 1 57.5 feet, and control angle of 180° for an arc distance of 180.83 feet;thence North 10°37' i East for 72.5 feet to said line 30 feet southerly of said main track centerline; thence I I westerly along the last line intersected 114 feet, more or less, to the Point of Beginning;all in the Northeast Quarter of Section 32,Township 18 North, Range 1 East of the 4th P.M. 1 • '° 733 11V../37 1 17 ; - I _ —t'-''. -- -- N _ _O l c`3-. �v.. =If) fV r Or r m age 23 of 40) • Parcel 4: Commencing at the intersection of the west line of Section 33 and a line 17.1 feet southerly of and parallel to the centerline of Grantor's southerly/eastbound main track; thence easterly along said line southerly of said centerline for 140.5 feet to the Point of Beginning; thence South 19° 15' East, more or less, for 476.8 feet; thence North 44° 15' East, more or less, for approximately 150 feet to said line southerly of said main track centerline;thence northwesterly along the lest line Intersected for 435 feet,more or less, to the Point of Beginning; all in the Northwest Quarter of Section 33, Township 18 North, Range I East of the 4th P.M. Parcel Si The Point of Beginning being the Intersection of the north line of Memory Lane __• ' and the east line of Boulevard Avenue, as laid out and located in Carbon Cliff, T.Inois; thence westerly along said north line of Memory Lane 83 feet, more or less; thence North T° • 45'West,more or less, for 318.5 feet to a line 75 feet, more or less, westerly of and parallel to the centerline of said Boulevard Avenue; thence northerly along a curve to the right, being said line westerly of said Boulevard street centerline, to a lino 46 feet southwesterly of end parallel to the centerline of Grantor's southerly/eastbound main track; thence southeasterly along the last line intersected 1415 feet, more or less; thence South 86° 45' West, more or less, for 318.78 feet to the centerline of First Avenue; thence northerly along the last lire intersected, as extended, 400 feet, more or less; thence North 33° 45' West, more or less, for approximately 470 feet, to the south line of Section 33; thence westerly along said south line for approximately 270 feet to said east line of Boulevard Avenue, extended northerly; thence southerly along the lest line intersected 319 feet, more or less, to the Point of Beginning; all in the North Half of the North Half of Section 4, Township 17 North, Range 1 East of the 4th P.M. and the Southeast Quarter of the Southwest Quarter of Section 33,Township 18 North, Range 1 East of the 4th P.M. ALSO reserving In favor of the Grantor the following easements: 18 VOL 733 t;LE128 • • Cta ta C."..).J \, fv a+J I_a age 24 of 40) (A) An easement for roadway access across the right-of-way herein conveyed extending from the prolongation of the northwesterly line of Parcel 2 herein southerly BO feet to a line parallel with said prolonged line;said easement to be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad operations; all in the West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 North,Range 1. East of the 4th P.M. (B) An easement for roadway access acrcea the right-of-way conveyed heroin being thirty feet on each side of an existing roadway centerline which is normal to Grantors westbound/north main track centerline located 944.7 feet easterjy of the west line of • Seetien 33, as measured along said track centerline; said easement to be maintained at Grantor's expense and utilized in such a way es not to unreasonably Interfere with railroad -I operations;all in the Southwest Quarter of the Northwest Quarter of Section 33, Township fi 1.8 Nath, Range 1 East of the 4th P.M. - (C) An easement for roadway and utility access being 50 feet on each side of the centerline of Boulevard Avenue as the centerline of said Avenue crosses the right-of-way conveyed herein or as said Avenue centerline W extended across said right-of-way;said easement to be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad operations;all in the Southeast Quarter of the Southwest Quarter of Section 33,Township 18 North, Range 1 East of the 4th P.M. I` West Liberty Parcel 8I All that part of Section 12 lying northeasterly of a line fifty feet northeasterly I, of and parallel to the centerline of Grantor's E. Des Moines to Davenport math track and lying northerly of a line 1320 feet southerly of and parallel to the east/west centerline of said Section 12, all in Township 78 North, Range 4 West of the 5th P.M. 19 VOl 733 „Lir c n c 3 fv 1 age 25 of 40) • • Parcel 7: All of Grantor's interest in its West Liberty to Cedar Rapids right-of-way being southerly of the south line of the North Half of the Southwest Quarter of Section 12, northerly of a line 50 feet northerly of and parallel to the centerline of Grantor's Davenport to E. Des Moines main track and westerly of a line 15 feet easterly of and parallel to the centerline of Grantor's West Liberty to Cedar Rapids main track; ell In the North Half of the West Half of the South Half of the Southwest Quarter of Section 12, Township 78 North. Range 4 West of the 3rd P.M. Illi Parcel 8: All of Grantor's interest In Outlot No. 10 of the City of West Liberty,and all of Grantor's interest in Grantor's Columbus Junction to Cedar Rapids right-of-way lying easterly of said Outlot No. 10 and lying southerly of a lino fifty feet southerly of and parallel to Grantor's Davenport to E.Des Moines main track centerline; all In the Southwest Quarter of the Southwest Quarter of Section 12, Township 78 North, Rerge 4 West of the 5th P.M. Parcel 9: All of Grantor's Interest In Lots 1 through 18 inclusive of Outlot No. 3 of the I • City of West Liberty, being in the east four hundred feet of the north five hundred feet of it the south one thousand four hundred feet of the west one thousand fifty feet of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the 5th P.M. EXHIBIT A (continued) Being particular descriptions of certain parcels described In general terms above and not within any exclusion to the property conveyed. BUREAU COUNTY, ILLINOIS Sheffield Parcel 1: Tho Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's eastbound main track end on the east line of Washington Street, produced soutperly; thence northerly along said produced street line twenty-five feet; thence North 58 West, more or less, for two hundred nineteen feet to the southerly line of North Railroad Street; thence westerly along said southerly street line eight hundred eight feet to the easterly line of that tract conveyed to Continental Oil Company via Instrument dated July 19, 1968; thence normal southerly along said easterly line to said line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last line intersected to the Point of Beginning; all in the South Half of the Northeast Quarter of Section 19, Township 16 North, Range 7 East of the Fourth Principal Meridian. �l FF� [VOL 733 1 il40 20 _ It 1 C) N rm m tv age 26 of 40) • H ROCK ISLAND COUNTY, ILLINOIS Rock Island Parcel 2: The Point of Beginning being on a line thirty-three feet northerly of and parallel to the east/West centerline of Section 36 and on the Southeast Corner of Lot 7 of Alvin • Hull's Addition to Rock Island; thence northerly along the East line of said Lot 7 to a line eighteen feet southerly of and parallel to the centerline of Grantor's southerly main track; thence southeasterly along the last line intersected to said line thirty-throe feet northerly of said East/West centerline; thence westerly along the last line intersected to the Point of ' Beginning; all in the South Half of the Southwest Quarter of tho Northeast Quarter of I, Section 38, Township 18 North, Range 2 West of the Fourth Principal Meridian. • SCOTT COUNTY, IOWA Davenport Parcel 3: The Point of Beginning being on the west tine of Block 74 and on the north line of the East/West alley of said Block 74; thence easterly along said alley line one hundred fifty feet; thence northwesterly and at an interior angle of 45 to the last-described line to the intersection with said west Block line;thence southerly along said west Block line to the Point of Beginning, all in BIock 74 of LeCalre's Addition to the City of Davenport, in the Northwest Quarter of Section 36, Township 78 North, Range 3 East of the Fifth Principal Meridian. Parcel 4r The Point of Beginning being the intersection of the west line of Division Street and a line fifty feet southerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence easterly along said southerly line two hundred ninety-six feet, more or less;thence southerly and parallel to said west street line fifty-five feet, more or less, to a line twelve feet northerly of and parallel to the centerline of Grantor's Track #1; thence southwesterly along the last line Intersected to the northerly prolongation of a line oriented at right angles to said Track #1 centerline and located at the westerly end of said Track #I; thence southwesterly on an angle of 45 from the last line intersected to the Intersection with a line twelve feet northerly of and parallel to the centerline of Grantor's main Davenport to Muscatine track; thence westerly along the last line intersected to said west line of Division Street; thence northerly along the Iast lino intersected to the Point of Beginning;all in the Southwest Quarter of the Southeast Quarter of Section 27,Township 78 North, Range 3 East of the Fifth Principal Meridian. Walcott Parcel 5: The Point of Beginning being on the North/South centerline of Section 6 and on a line one hundred fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the westerly line of Main Street, produced southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last line intersected to the easterly line of Henry Street, produced southerly; thence northerly along the last line intersected to said line one hundred fifty feet northerly of said main track centerline; thence westerly along the last line intersected to the Point of Beginning; all in the South Half of Section 8, Township 78 North, Range 2 East of the Fifth Principal Meridian. n 21 in. 733 i.f F 14.L Ow...:� --i t'] /NO -r'i'-- rri r� I G7) fi `II - _��.__�___._-_.._ __�.-. _ - �_�.� � -. .�..�..�..���� •. .- - ----� 11-- age 27 of 40) • • • • - Parcel 8, 'Me Point of Beginning being on the centerline of Parker Street, as laid out • and located in the Town of Walcott, and on the north line of Block 13, as laid out and located in the Town of Walcott, produced easterly; thence westerly along said northerly Block line to the west line of Lot 2 of said Block; thence southerly along said west Lot line to a Line twenty-five feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along the last line intersected to said Parker Street centerline; thence northerly along the last line intersected to the Point of Beginning; all In the East fialf•of the Southwest Quarter of Section 8, Township 78 North, Range 2 East of the Fifth Principal Meridian. CEDAR COUNTY,IOWA Durant r Parcel 7; The Point of Beginning being on the west line of Warren Street and on a line fiftt northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said lino northerly of said centerline to the westerly line of Howard Street; thence normal northerly for one hundred feet; thence normal westerly one hundred sixty feet; thence normal southerly one hundred feet; thence normal westerly to the east line of Clay Street; thence normal southerly to a line twenty-two feet northerly of end parallel to said main track centerline; thence easterly along the last line intersected to • the westerly line of Warren Street; thence normal northerly to the Point of Beginnings all In the South Half of Section 36, Township 79 North, Range 1 West of the Fifth Principal Meridian. MUSCATINF.COUNTY,IOWA J Wilton Parcel 8, The Point of Beginning being on a line twenty feet northerly of and parallel to the centerline of Grantor's northerly main track and on the east line of Cypress Street; thence easterly along said line northerly of said track centerline to the EastfWest centerline of Section 6;thence northerly along the last line intersected to a line fifty feet northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east line of Cypress Street; thence southerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of the Northwest Quarter of Section 6,Township 78 North, Range 1 West of the Fifth Principal Meridian. Parcel 9i The Point of Beginning being on the westerly line of Chestnut Street and on a line fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the easterly line of Lot 11 of Block 82 extended southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of end parallel to said track centerline; thence easterly along the last lire intersected to said westerly line of Chestnut Street; thence northerly along the last line Intersected to the Point of Beginning; all in the Southeast Quarter of Section 1, Township 73 North, Range 2 West and In the Southwest Quarter of Section 6, Township 78 North, Range 1 West of the Fifth Principal Meridian. • 11/01. 733 i-tt 142 • 22 • _ O 7'17-C') CCD rig • .,..{ ai rri -t, cl CD - _ - • kgG 28 of 40) + • Parcel lOr The Point of Beginning being on the easterly line of Public Road and on a line ten feet southerly of and parallel to the centerline of Grantor's Track 44; thence easterly along the last line intersected to the westerly line of Pine Street, produced northerly; thence southerly along the last line intersected to a line fifty feet southerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along the last line intersected to said easterly line of Public Road; thence northerly along the last line Intersected to the Point of Beginning; all in the Northeast Quarter of the Southeast Quarter of Section 1,Township 78 North, Range 2 West of the Fifth Principal Meridian. Atallssa Parcel 11: The Point of Beginning being on the East 11r.e of Oak Street and on a line two hundred feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along said line northerly of said centerline three hundred five feet;thence normal southerly one hundred fifty feet; thence normal easterly to the west line of Cherry Street; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east line of Oak Street; thence northerly along the last line Intersected to the Point of Beginning; all in the Southeast Quarter of the Southwest Quarter of Section 11,Township 78 North, Range 3 West of the Fifth Principal Meridian. Parcel 12r The Point of Beginning being on a line twenty-five feet southerly of and parallel to the centerline of Grantor's northerly main track and on the west line of Cherry Street; thence westerly along said line southerly of said track centerline to the west line of Linn Street, produced northerly; thence southerly along the last Iine intersected to a line one hundred feet southerly of and parallel to said track centerline; thence easterly along the last line intersected to said west line of Cherry Street; thence northerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of the j Southwest Quarter of Section 11, Township 78 North, Range 3 West of the Fifth Principal Meridian. West Liberty Parcel 131 The Point of Beginning being on a lino fifteen feet easterly of and parallel to the centerline of Grantor's Cedar Replds to Columbus Junction main track and on a line fifteen feet northerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence northerly along said line easterly of said Cedar Rapid to Columbus Junction main track centerline to the westerly extension of the south alley line of Block 4 of Moorehouse Addition to the Town of West Liberty; thence easterly along the last line intersected one hundred five feet, more or less; thence normal southerly nighty feet, more or less; thence South 3a° East, more or less, for eighty-seven feet, more or less, to the north line of Fourth Street; thence South 7 5' West, more or Iess, to a line fifty feet northerly of and parallel to said Davenport to Iowa City northerly main track centerline; thence easterly along the Iast line intersected to the south line of Fourth Street; thence westerly along the last line intersected to said line fifteen feet northerly of said Davenport to Iowa City northerly main track centerline; thence westerly along the last line Intersected to the Point of Beginning; all track and streets as laid out and located in the City of West Liberty; all in the West Half of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the Fifth Principal Meridian. 33 i vol 733 r.1i£143 j . C) e-�J f'\)V •••-<r— r1-1 –n r– , c7 • ti O age 29 of 40) • JOHNSON COUNTY, IOWA Tiffin Parcel 14: The Point of Beginning being on the North/South centerline of Section 28 and on a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence northerly along said North/South centerline one hundred feet; thence easterly and parallel to said track centerline three hundred feet; thence normal southerly one hundred feet to said line fifty feet northerly of said track centerline; thence westerly along the last line intersected three hundred feet to the Point of Beginning; all in the North Half of the Southwest Quarter of the Southeast Quarter of Section 28, Township 80 North, Range 7 West of the Fifth Principal Meridian. IOWA COUNTY, IOWA jl Marengo Parcel 15: All of Grantor's interest In the South Half of the Southeast Quarter of Section Iying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. Parcel 16: All of the Grantor's interest in the South Half of the Southeast Quarter of Section 25 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. • Victor Parcel 17, All of Grantor's interest in the South half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the • Northwest Quarter of Section 19, lying northerly of a line twenty feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said Section 18, as measured along said track centerline; Township 80 North, Range 12 West of the Filth Principal Meridian. Parcel 181 All of Grantor's interest in the South Half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the Northwest Quarter of Section 19, lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said Section 18, as measured along said track centerline; Township BO North, Range 12 West of the Fifth Principal Meridian. • VOL 733 i:ii1.!4 24 • • rV CD —i i`1 Nom` r-- �+Tt T7 ;r�� .IIT' • 3qG 3U ct 40) • • POWESHIE.K COUNTY, IOWA Brooklyn Parcel 19t All of Grantor's Interest in the West Half of the Northeast Quarter of Section 23, lying northerly of a line twenty-five feet northerly of end parallel to the centerline of Grantor's main track and lying easterly of the easterly line of Clay Street; Township 80 North, Range 13 West of the Fifth Principal Meridian. 4 Parcel 2(h All of Grantor's Interest In the East Half of the Northwest Quarter and the West Hall of the Northeast Quarter of Section 23, lying southerly of a line twenty-five feet southerly of and parallel to the centerine of Grantor's main track, Township 80 f: North, Range 13 West of the Fifth Principal Meridian. Malcolm Parcel 21: The Point of Beginning being on the west line of Washington Street and on a line twenty-five feet southerly of and parallel to the centerline of Grantor's mein track; thence westerly along said line southerly of said track centerline twelve hundred and five feet, more or less; thence normal southwesterly one hundred seventy-five feet; thence southeasterly and parallel with said main track centerline four hundred fifty feet, more or less, to the westerly line of that property conveyed to Leonard J. Dalton by the Chicago, • Rock Island and Pacific Railroad Co. via instrument dated February 10, 1969; thence �. northerly along the last line intersected one hundred fifty feet; thence easterly and parallel with said track centerline three hundred fifteen feet; thence normal southerly one hundred fifty feet; thence southeasterly and parallel with said track centerline five hundred fifty feet, more or less. to said west line of Washington Street; thence northerly along the last line intersected to the Point of Beginning; all in the South Half of the Southeast Quarter of Section 28, Township 80 North, Range 15 West of the Fifth Principal Meridian. 1 � Grinnell Parcel 22; All of Grantor's interest In Lots 4, 5, and 6 of Block 19 of the Town of Grinnell lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; In the West Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 80 North, Range 16 West of the Fifth Principal Meridian. JASPER COUNTY, IOWA Kellogg Parcel 23; The Point of Degi.-ining being on the easterly line of High Street and on a line two hundred feet northerly of and parallel to the centerline of Grantor's original main track; thence southerly one hundred seventy-five foot along said easterly street line produced to a line twenty-five feet northerly of and parallel to the centerline of Grantor's current main track; thence westerly and parallel with said current main track centerline to the easterly line of West Street, produced southerly; thence northerly along the last line intersected to said line two hundred feet northerly of said original main track centerline; thence easterly along the last line intersected to the Point of Beginning; 23 I vo. 733 rau 145 c� f 1. <<; age .1 of 4U) • ALSO; An easement for buildings and other structures, which extend southerly of that line being twenty-five feet northerly of and parallel to said current main track centerline, said buildings end other structures not to be repaired or replaced if substantially damaged or destroyed; all streets and track being as laid out or monumented In the Jasper City Addition and Blair's First Addition to the Town of Kellogg; all in the North Half of the • Northeast Quarter of Section 28, Township 80 North, Range 18 West of the Fifth Principal Meridian. Newton Parcel 24: The Point of Beginning being on the southerly line of North 8th Avenue and on a line fifty feet northerly of and parallel to the centerline of Grantor's track; thence westerly along said southerly avenue line one hundred ninety-five feet, more or less, to the easterly line of 1st Street North; thence southerly along said easterly street lino one hundred fifty feet, more or less, to a line twenty-one and five-tenths feet northerly of and parallel to said main track centerline; thence northeasterly along the last line intersected to said southerly line of North 8th Avenue; thence westerly along the last line Intersected to the Point of Beginning; ALSO, an easement for existing buildings and other structures ' which extend southerly of said Iine being twenty-one and five-tenths feet northerly of and parallel to said main track centerline, said buildings and other structures not be to repaired or replaced If substantially damaged or destroyed; all in the South Half of the Southwest Quarter of Section 27, Township 80 North, Range 19 West of the Fifth Principal Meridian. Parcel 25: All of Grantor's interest in the West Half of the Southwest Quarter of the Southwest Quarter of Section 27 lying northerly of a line ten feet northerly of and parallel to the centerline of Grantor's Track #14; Township 80 North, Range 19 West of the Fifth Principal Meridian. POLK COUNTY, IOWA Altoona i Parcel 28: All of Grantor's Interest in the north eight hundred feet of the East Half of the Southeast Quarter of Section 13 lying northerly of the southerly line of Second Street, westerly of the westerly line of Main Street, easterly of a line throe hundred fifty feet easterly of and parallel to the west line of said East Half of said Southeast Quarter, and southerly of a line thirty feet southerly of and parallel to the centerline of Grantor's main track;Township 79 North, Range 23 West of the Fifth Principal Meridian. 28 VOL 733 116E146 p 111--'I -1Ti C� 4.ge 32 of 4(.1) DALLAS COUNTY,IOWA DeSoto Parcel 27: All of Grantor's Interst In the East Half of the Northwest Quarter of Section 30 lying northerly of a line fifty feet northerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. Parcel 28: All of Grantor's interest in the East Half of the Northwest Quarter of Section 30 lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. MADISON COUNTY, IOWA Earlham 1 Parcel 29; The Point of Beginning being on the west line of Section 8 and on a lino twenty feet southerly of and parallel to the centerline of Grantor's main track; thence southeasterly along said tine southerly of said main track centerline to the westerly line of Chestnut Street extended northerly; thence southerly along said street line to a line fifty feet southerly of and parallel to said main track centerline; thence northwesterly • along the last line intersected to a line fifty-three feet easterly of and parallel to the easterly line of Locust Street; thence southerly along the last line Intersected approxi- mately one hundred fifty feet to the northerly line of Lot 11, Block 18; thence westerly along said lot line to said easterly line of Locust Street;thence northerly along said street line to a line one hundred fifty feet southerly of and parallel to said mein track centerline; thence westerly along the last line Intersected to the westerly line of Locust Street; thence northerly along said street line to said line fifty feet southerly of said track centerline; thence westerly along the last line intersected to said west line or Section 6; thence northerly along said west line to the Point of Beginning; all in the Southwest Quarter of the Southwest Quarter of Section 8, Township 77 North, Range 28 West of the Fifth Principal Meridian. Parcel 30: All of Grantor's interest In the South Half of the SoutheastC Quarter of the Southwest Quarter lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track, lying easterly of the easterly line of Sycamore Street and westerly of the westerly line of Maple Street; Township 77 North, Range 28 West of the Fifth Principal Meridian. DALLAS COUNTY, IOWA Dexter Parcel 31: All of Grantor's interest in the Northeast Quarter of Section 31 lying f�f southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's fl main track, lying easterly of the westerly line of Clark Street exter.ded southerly and lying westerly of the westerly line of Lyon Street,extended southerly;Township 78 North, Range 29 West of the Fifth Principal Meridian. Parcel 32: AU of Grantor's interest in the East Half of the East Half of the Northeast Quarter of Section 31 lying northerly of a line twenty-five feet northerly of end parallel to the centerline of Grantor's main track, lying westerly of the westerly line of Warren 27 VOL 733 1'4E147 147 0 fir, t'7 - - age 33 of 4U) • • Street and lying easterly of a line one hundred twenty feet westerly of said westerly line of Warren Street;Township 78 North, Range 29 West of the Fifth Principal Meridian. f ' ADAIR COUNTY, IOWA Stuart Parcel 33; All of Grantor's interest in the North Half of the Northwest Quarter of the Northeast Quarter of Section 5,lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Adams Street produced and lying westerly of the westerly line of Park Street produced: Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 34: All of Grantor's Interest In the North Half of the Northeast Quarter of the Northeast Quarter of Section 5, lying northerly of a line fifteen feet northerly of and parallel to the centerline of Grantor's main track, lying easterly of the easterly line of Western Street produced northerly, Iying westerly of the easterly line of Harrison Street produced and lying southerly of Front Street;Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 35: All of Grantor's interest in the east six hundred feet of the North Half of the Northeast Quarter of the Northwest Quarter of Section 4 lying northerly of a Line twenty-. five feet northerly of and parallel to the centerline of Grantor's main track; Township 77 North, Range 30 West of the Fifth Principal Meridian. GUTHRIE COUNTY,IOWA Menlo Parcel 36: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Adair Street; thence northerly along said westerly street line to a line one hundred fifty feet northerly of and parallel to said main track centerline; thence westerly along the last line intersected twelve hundred forty-five feat, more or less, to the southeasterly line of that property the Chicago, Rock Island and Pacific R.R. Co. conveyed to Menlo Elevator Company via instrument dated November 15, 1967; thence normal southwesterly along said southeasterly line to said line twenty-five feet northerly of said centerline; thence southeasterly along the last line intersected to the Point of Beginning; ALSO: An easement for buildings and other structures which extend southerly past said line twenty- five feet northerly of and parallel to said main track centerline, said buildings or other structures not to be repaired or replaced if substantially damaged or destroyed;all in the South Half of Section 27, Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 37: All of Grantor's Interest In the Southwest Quarter of the Southeast Quarter of Section 27 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track lying westerly of the westerly line of Adair Street and lying easterly of the easterly line of Sherman Street; Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 18: All of Grantor's interest in the East Half of the Southwest Quarter of Section 27 lying easterly of the east line of Sheridan Street, lying westerly of the west line of 28 [VOL 733 t;i,€148 • • N O a 1 --i 111r- �,,i iv 0 O age 34 of 4U) Sherman Street and lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 31 West of the Fifth Principal Meridian. Casey Parcel 39t All of Grantor's interest In the South Half of the Southwestuar er Q t of the Southeast Quarter of Section 34 and all of Grantor's Interest In the East one hundred feet of the East Half of the Southeast Quarter of the Southwest Quarter of Section 34, both lying easterly of the easterly line of MoPheroon Street, lying southerly of a line twenty- five feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of the westerly line of Russell Street;Township 78 North, Range 32 West of the I; Fifth Principal Meridian. y.. CASs COUNTY, IOWA • Anita Parcel 401 All of Grantor's interest In the east one thousand feet of the Northeast Quarter of the Northeast Quarter lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track; Township 77 North, Range 34 West of i the Fifth Principal Meridian. W iotat. Parcel 418 All of Grantor's interest In the Northwest Quarter of Section 0 lying northwesterly of a lino twenty-five feet northerly of and parallel to the centerline of • Grantor's main track and lying northeasterly of the northeasterly line of Front Street, 0.9 laid out and located In the Town of Wlota,Township 78 North, Range 35 West of the Fifth Principal Meridian. Parcel 422 All of Grantor's interest in the South Half of the Northeast Quarter of the Northwest Quarter of Section 9 lying southeasterly of a line twenty-five feet south- easterly of and parallel to the centerline of Grantor's main track, lying southwesterly of the southwesterly line of East Street, lying northwesterly of the northwest line of Main Street and lying northeasterly of a line one hundred twenty feet southwesterly of and parallel to said southwesterly line of East Street;Township 78 North, Range 35 West of the Fifth Principal Meridian. Atlantic Parcel 431 All of Grantor's interest in the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 5, both lying easterly of the easterly alley line of Block 76 of the Town of Atlantic and lying westerly of a line fifteen feet westerly of and parallel to the centerline of Grantor's Track 025;Township 78 North, Range 38 West of the Fifth Principal Meridian. Parcel 442 All of Grantor's Interest in the Northeast Quarter of the Southwest Quarter of Section 5 lying easterly of the westerly line of Poplar Street produced northerly,lying westerly of the westerly line of Chestnut Street, lying northerly of a line two hundred • 29 ryr� �. iV31. /3J hii.}49 y3 6�� rTi -0 _rn • /1'1✓ o I - _-__ - _.��. -.+.._ _ .. - . agc or e,J) • • - feet southerly of and parallel to the centerline of Grantor's main track and lying southerly of a line ten feet southerly of and parallel to the centerline of Grantor's Track 08; Township 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 45s All of Grantor's interest In the West Half of the Northeast Quarter of the Southeast Quarter of Section 5 lying southerly of a line twenty-five feet southerly of and • parallel to the centerline of Grantor's math track, lying easterly of the westerly line of Linn Street, produced northerly, and lying westerly of the east line of Oak Street; Township 78 North, Range 36 West of the Fifth Principal Meridian. Parcel 461 The Point of Beginning being on the centerline of Linn Street, produced northerly and on a lino two hundred feet northerly of and parallel to the Centerline of Grantor's main track; thence westerly and parallel to said main track centerline one hundred thirty feet, more or less;thence normal southerly one hundred fifty feet, more or less, to a lino ten feet northerly of and parallel to the centerline of Grantor's Track 013; thence easterly and parallel to said Track 913 centerline approximately ono hundred sixty-five feet to said produced street centerline; thence northerly along said street centerline to the Point of Beginning; all in the Northeast Quarter of the Southeast Quarter of Section 5,Township 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 471 The Point of Beginning being on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Maple Street, produced northerly; thence easterly parallel to said track centerline one hundred seventy-five feet, more or less, to the southeast corner of that certain Commercial Street, Lot 25;thence normal southerly one hundred forty feet, more or less, to a line tee 8 feet northerly of and parallel to the centerline of Grantor's Track 913; thence North 70 West, more or less,for approximately one hundred seventy feet to said west line of Maple Street,produced northerly; thence northerly along the last line intersected to the Point of Beginning,all in the Northwest Quarter of the Southeast Quarter of Section 5, Township 78 North, Range 38 West of the Fifth Principal Meridian. Parcel 481 The Point of Beginning being on the northerly line of Commerce Street and on the East/West centerline of Section 5; thence westerly forty feet, more or less, to the southwest corner of Lot 48; thence northerly along the west line of Lot 48, produced northerly, six hundred feet; thence easterly parallel with said street line three hundred '. sixty-eight feet; thence southerly and parallel with said west line of Lot 48, six hundred feet to said northerly street lino; thence westerly along said street line to the Point of Beginning; all in the Southwest Quarter of the Northeast Quarter of Section 5 and the north one hundred feet of the Northwest Quarter of the Southeast Quarter of Section 5, Township 76 North, Range 36 West of the Fifth Principal Meridian. POTTAWATTOMIE COUNTY, IOWA Council Bluffs Parcel 491 All of Grantor's interest in the Southwest Quarter of Section 38 lying easterly of the easterly line of 8th Street, lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line ono hundred fifty feet, more or less, easterly of and parallel to the easterly line of �I 7th Street;Township 75 North, Range 44 West of the Fifth Principal Meridian. Parcel 501 The Point of Beginning being on the East line of Section 1, Township 74 North, Range 44 West of the Fifth Principal Meridian at a point three hundred ninety-five • 30 t VOL 733 tgE150 ,,, , N *I • ITh iv age 36 of 40) .. L feet, more or less, southerly of the East/West centerline of said Section 1; thence southerly along said east Section line ninety-five feet, more or lees; thence North 51 15' East, more or less, for sixty feet, more or less; thence South 38 45' East, more or less, for five hundred and fifty-five feet,more or less; thence normal southwesterly forty feet, more or less, to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's yard ladder track; thence northwesterly along said line to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's Track #5; thence northwesterly along the last line intersected to a line approximately one hundred seventy feet northerly of and parallel to said East/West centerline of Section 1; thence easterly elepg the last line Intersected two hundred twenty-five feet, more or less; thence South 38 45' East, more or less, for approximately 731 foot to the Point of Beginning;all In the South [[alt of the Southeast Quarter of the Northeast Quarter of Section 1 and the East Half of the Northeast Quarter of the Southeast Quarter of Section 1, Township 74 North, Range 44 West of the Fifth Principal Meridian end In the West Half of the Northwest i Quarter of the Northwest Quarter of Section 6, Township 74 North, Range 43 West of the Fifth Principal Meridian. Parcel 51: The Point of Beginning being the Northeast corner of the Northwest Quarter • • of Section 7; thence southerly along the east line of 'aid Northwest Quarter approxi- mately three hundred thirty-five feet; thence South 50 0' East, more or less, for nine hundred ninety feet to a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said track centerline nine hundred twenty-four feet, more or less, to a line fifteen feet northerly of and parallel to the centerline of Track #14; thence northwesterly along the last line intersected to a line which travels northwesterly along a series of lines being fifteen feet northeasterly of and parallel to the centerlines of Tracks 414, #27, #28, and #24 to the north line of said ;• Northwest Quarter; thence easterly along said north line one hundred twenty feet, more or less, to the west line of Lot 18 of Mallet's Subdivision in Auditors Subdivision of Lot 5; thence northerly along said west lot line approximately five hundred ninety-two feet to the centerline of South Avenue; thence southeasterly along said street centerline approximately two hundred seventy-five feet to the easterly line of Lot 15 of said subdivision; thence southerly along said easterly lot line approximately one hundred eighty-five feet to a line one hundred sixty feet southerly of and parallel to said South Avenue centerline; thence southeasterly along the last line intersected to the easterly line of Lot 14 of said subdivision; thence southerly along said easterly lot line to said north line of said Northwest Quarter; thence easterly along said north line approximately two hundred forty-five feet, to the Point of Beginning; all in Lha Northeast Quarter of the Northwest Quarter of Section 7, the Northwest Quarter of the Northeast Quarter of Section 7 and the Southeast Quarter of the Southwest Quarter of Section 6, Township 74 North, Range 43 West of the Fifth Principal Meridian. JASPER COUNTY, IOWA -- Monroe Parcel 52: All of Grantor's interest In Lots 1, 2, 3, 4, 7,and 8 of Block 17 of the Original town of Monroe lying northeasterly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; ALSO: an easement for existing buildings and other structures which extend southwesterly of said line northeasterly of said track centerline, said buildings and other structures not to be repaired or rebuilt if substantially damaged or destroyed; all In the Northeast Quarter of the Northeast Quarter of Section 38, Township 78 North, Range 20 West of the Fifth Principal Meridian. [ ;VOL 733 1,4E 151 31 ' • • r�J p •I C., fir' i1 "1 --4 r' IT] p r ; C"..) �I 4; age 37 cf 40) •• Parcel 53, All of Grantor's interest in Lots 1, 2, 3, and 4 of Block 23 of the Original Town of Monroe lying northeasterly of a line twenty-five feet northeasterly of and parallel to the centerline of Grantor's main track; all In the Northeast Quarter of the Northeast Quarter of Section 36,Township 78 North,Range 20 West of the Fifth Principal Meridian. Parcel 54, All of Grantor's interest In Blocks 24, 25, and 29 of the Original Town of Monroe;all in the Northeast Quarter of the Northeast Quarter of Section 38, Township 78 North, Range 20 West of the Fifth Principal Meridian and In the Northwest Quarter of the Northwest Quarter of Section 31, Township 78 North, Range 19 West of the Fifth Principal Meridian. Parcel 55: All of Grantor's interest In Lots 3 and 4 of Block 31 of the Original Town of Monroe lying southwesterly of a line twenty-five feet southwesterly of and parallel to the centerline of Grantor's main track;all in the Northeast Quarter of the Northeast Quarter of Section 36,Township 78 North, Range 20 West of the Fifth Principal Meridian. MARION COUNTY,IOWA I. • Quay Parcel 50, All of Grantor's interest in the West three hundred feet of the North seven hundred feet of the Northeast Quarter of Section 22 lying southwesterly of a line fifty feet southwesterly of and parallel to the centerline of Grantor's main track and lying • • ft northwesterly of the centerline of Keystone Street; all in Township 77 North, Range 19 West of the Fifth Principal Meridian. Pella • i Parcel 57, All of Grantor's interest In the West Half of the West Half of the West Half 0o tutheast Quarter of Section 11 and all of Grantor's interest in the East fifty feet of the East Half of the East Half of the East Half of the Southeast Quarter of Section 10, both lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line one hundred sixty feet easterly of and parallel to the West line of said Southwest Quarter of Section 11; Township 76 North, Range 18 West of the Fifth Principal Meridian. AUDUBON COUNTY,IOWA Brayton Parcel 58, All of Grantor's interest in the Northeast Quarter of the Northwest Quarter of Section 19 and the Northwest Quarter of the Northeast Quarter of Section 19, both lying northerly of the North line of Main Street and lying northwesterly of a line twenty- . five feet northwesterly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 35 West of the Fifth Principal Meridian. 1V0i, 733 r,ri152 32 r-� CD c-s ` r� V fv age 38 of 40) • Extra Parcel 59: The Point of Beginning being on the North line of Section 4 and on a line i� twenty-five feet easterly of and parallel to the centerline of Grantor's main track; thence �rj northerly and parallel to said main track centerline to a line normal to said track centerline located fifteen hundred feet northerly of said North line of Section 4, as measured along said track centerline; thence westerly along the last line intersected one hundred twenty-five feet; thence southerly ly and parallel to said main track centerline to said North line of Section 4; thence easterly along said North line to the Point of Beginning; all in Lots 4 and 8 of that un-named section north of Section 4, Township 78 North, Range 35 West of the Fifth Principal Meridian. Parcel 60: The Point of Beginning being on a tine twenty-five feet easterly of and `i• • parallel to the centerline of Grantor's main track and a line normal to said main track centerline located fifteen hundred feet northerly of the North line of Section 4, all measured along said track centerline; thence easterly one hundred twenty-five feet along said line normal to said track centerline; thence southerly and parallel to said track • centerline to the southerly line of Third Street, extended westerly; thence westerly along said extended street line to said line twenty-five feet easterly of said track centerline; thence northerly and parallel with said track centerline to the Point of Beginning; all in •• • Lots 8, 11,and 12 of that un-named section north of Section 4, Township 78 North, Range 35 West of the Fifth Principal Meridian. f• Audubon Parcel 61; All of Grantor's interest in the east two hundred feet of the North Half of the Southeeet Quarter of Section 20 and the West half of the Southweet Quarter of 1 Section 21, hoth lying wneterly of a line twenty-five feet woaterly of and parallel to the centerline of tlrentor'a main track and lying northerly of the northerly line of iireadwny Street, produced westerly; Township 80 North, ;tango 35 West of the Fifth Principal Meridian. Parcel 62: All of Grantor's interest in the West Half of the Southwest Quarter of • Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track and Lying northerly of the northerly line of Broadway Street; ALSO, an easement for buildings and other structures which extend southwesterly past said line easterly of said track centerline, said buildings and other structures not to be repaired or replaced If substantially damaged or destroyed; Township 80 North, Range 35 West of the Fifth Principal Meridian. I' Parcel 831 All of Grantor's interest in the Southwest Quarter of the Southwest Quarter of Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track, lying northerly of the northerly line of South Street and lying southerly of a line two hundred fifty feet southerly of and parallel to the southerly line of Broadway Street; Township 80 North, Range 35 West of the Fifth Principal Meridian. Parcel 84: All of Grantor's interest in the North eight hundred feet of the North Half of the Northwest Quarter of Section 28 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track;Township 80 North, Range 35 West of the Fifth Principal Meridian. 733vat. • 33 .71 N � o -- IV SE-0 - -- —'- ra �...� v fV ��— - -• _ __. _--.._.._ -- - . age 39 of 40) • • EXHIBrr n • Zcontinued) Being a description of certain properties including a railroad track,and including all raila, • switches, frogs, ties, plates, spikes, ballast, sub-ballast and other appurtenances thereto, beg!nnirg near the Town of Bureau in the Northwest Quarter of Section 7, Township 15 • North, Range 10 East of the 4th P.M.and terminating in the Southwest Quarter of Section 3, Township 17 North, Range 1 East of the 4th P.M. near the Town of Silvis as the centerline of said track is more particularly described below; Bureau County, Illinois Beginning at the intersection of the centerline of the Grantor's northerly main track and a line normal to said track centerline located 134 feet northerly of the East/West centerline of Section 7, as measured along said track centerline (E P.S. 6106+44, M.P. 115.64); t thence westerly through said Section 7, Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M.;thence westerly through Sections 12, 1, 11, 10, 9, 8, 17, 18 and 7,Township 15 North, Range 9 East of the 4th P.M.;thence continuing westerly i 0 through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 36, 35, 34, 26, 27, 28, 21, 20 and 19, Township 16 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 24. 23, 22, 21, 20 and 19, Township 16 North, Range 7 last of the 4th P.M.; thence continuing wcstoriy through Section, 24, 23, 14, 15, 10, 17, 8 and 7, Township 16 North, Mange 0 East of the 4th P.M.; Henry County, Illinois Thence continuing westerly along said main track centerline through Sections 12,11,2,3,4, 5 and 6, Township 16 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range S East of the 4th P.M.; thence continuing westerly through Sections 38, 35, 34,27,28, 29 and 30,Township 17 North, Range 4 East of the 4th P.M.;thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through Sections 13, 14, 11, 10, 9,8 and 7, Township 17 North,Range 2 East of the 4th P.M.;thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, Illinois, Township 17 North, Range 1 East of the 4th P.M.; Rock Island County,Illinois Beguining at the intersection of the Grantor's northerly main track centerline and the Easterly line of Rock Island County; thence westerly along said track centerline, through Section 3 to a termination at a line normal to said centerline located 646.5 feet southerly of the north line of Section 4,as measured along said track centerline,(E.P.S. 9029+82, M.P. 171.03), Township 17 North, Range 1 East of the 4th P.M. Scott County, Iowa Beginning at the Intersection of the centerline of the Grantor's Davenport to Iowa City westbound(northerly)main track and a line oriented at right angles to said track centerline located 450 feet, more or less, westerly of the westerly line of Filmore Street,produced northerly,as measured along said track centerline(M.P. 183.84, B.P.S. 9710+00), as located In the South Half of the Southeast Quarter of Section 27, Township 78 North, Range 3 East of the 5th P.M.; thence westerly along said Davenport to Iowa City westbound(northerly) • main track centerline through said Section 27 and through Sections 22, 21, 18, 17,18 and 7; all in Township 78 North, Range 3 East of the 5th P.M.;thence continuing westerly through Sections 13, 12, 11, t0, 9, 4, 5 and 6, to the westerly line of Scott County, Towrshlp 78 North, Range 2 East of the 5th P.M. 1� f ' VOL 733 i 154 34 • i I C7 , y.�•1 C� j ``7 C) " err 0 FV • aye 4U 4U) • f 1 Muscatine County, Iowa beg1nnirsg at the intersection of the centerline of said westbound(northerly) main track and the East line of Muscatine County,being also the East line of Section 1, Township 78 North, f • Range 1 East of the 5th P.M.; thence westerly along said centerline through said Section 1 and through Sections 2, 3, 4, 5 and 6, Township 78 North, Range 1 East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th P.M.(being in Scott County); thence continuing westerly through Sections 36, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M.(being in Cedar County);thence continuing westerly through Sections 4, 5 and 6, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1, 2, 11, 10, 9, 8, 5 and 6, Township 78 North, • Range 2 West of the 5th P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 16, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.; thence continuing westerly through Sections 13 and 12 to a line oriented normally to said centerline located 439 feet northerly of the southerly line of Section 12 (E.P.S. 11660*78, M.P. 220.78) Township 78 North, Range 4 West of the 5th P.M. I I II VOL 733 rgt 155 35 Iii -- ---•-- ------- O �r7 p D� 51 • rr'1 t 1 0 • • o • tt 001/4 n R Transfer Fee J� 007/4 Recording Fee`� i F)L, A NO. Total ; Being a part of those interests Grantor's predecessors Mississippi & Missouri Railroad; Burlington, Cedar Rapids& Northern Railroad; Iowa City& Western Railway; Chicago, Omaha & St. Joseph Railroad; Chicago, Clinton& Western Railroad acquired through instruments filed with the Johnson County, Iowa Recorder at the following books and pages: BOOR PAGE 31 106 86 33 18 109 85 432 33 283 30 699 30 571 18 110 18 111 60 438 44 367 44 368 18 112 57 171 18 73 144 252 150 575 92 139 208 210 44 244 44 244 34 542 34 543 34 544 34 545 18 113 18 114 18 184 18 185 18 186 18 124 18 125 18 126 18 123 18 203 18 204 18 122 • 30 420 18 205 • 18 203 18 233 18 127 18 232 18 234 18 231 tR 460 18 470 18 482 18 469 18 617 18 477 18 478 18 481 18 480 20 172 38 282 (L.) 2 _7 -ems t',0 f‘ 718 r10E318 —+c7 N rrl —17 rn 59 Q 1v 1 r- : 1 2011 OCT 12 PH 2: 02 CITY CLERKq IOWICITYJOWA CITY. IG A • C NC•N•D CO OCOO N co T CO•-•CO O N CO CO 000 CO 000•-•N 01 O.+T OO co m N V co co co 010 CO.r CV000 C.Nr CO NO C-C N V o,C-.r.� L.• CCN 0 NN NN co NNNONC.r.y 1O.r N 0.r.0 CO TT 0OO T CO 000 NT orT CO nl 04 co~.pi or.0*TT 0001 a0 co 0 NCO]1+10)Of IA • NN CO CD COT NIAh Nd!.-1 NNNN'1NN Vi C NNN c+ C�+N ti N co CO co NNNNN CO•-• NMCO Of p I C JJ O z7> 1p Q• C TCO CO N O W CO p00]000OCN01.0 COT00)Of co Of OCOO C N NC 00 00 CON 000000C O T O tiNM+CONr.IN.r.sr.r.00CN 00 00 0030C CMC DDC-tiCC^s CO rrOCC00 O 0, W Op OD.-�H NICs�r�I.-1N.r 01.r N N M CCO • FILED 2011 oCT 12 Pit 2: 02 CITY CLERK • IOWA CITY. IOWA CXD CI QMM�QN....,wr1 .n E"OC'N.�QQQQF Q M HN N NQOi N V1.-1 NN�Q d' 44.v.,OD v m W..... �Q<Q Q4 NN N lD OINh.V,W,W0pOu9QNF.N O W.+OONN W N QNFNFNN M N FM M NMOTNMWNMN NN N N N NN NN N M O F[F tF F F F F F O CO W ap W N NNNNQ ti.�Q M W.r FM.+r�O tOF�D�QIAQNtO QQ Q FFF FFF�DQQFQ QQQQ QQQQQ Q4Q Q N CQ'Q QQ QQ'V' ° D Ii 2011 OCT 12 Pli 2: 02 TY IO�CI9`,4 CITY. ICLERKOWA Y 5v, N C*, IS d y O 0)t X) $ J`a v f....^ W c U 0 00x 1000 V 10C d.C`N IT.-1000000000 v n V 0000110 C`0 L+vf.-10 0/0000000 N (0 0 00 V CO N N 0 C•.-I tO CDN e-e-.1 0..00000 CO N 00 N 4C 01..-1001•](0.00.yN 00,C001�.ti to 000f 0CT ClN O0 V 000 0) el V.+ M Cl V V 0 V NCO 0 Ih0 en 00 V MCO.-110 V 100 el 0000.~V .+ Y� O 0. tin 00 c 1 .8 ti .- U, `o V N o d� 10 e e$ c•^3 Z.0U x .e �$ O top a Co..c,00'4;a v a a a as a as a.a o e•V 007 w a a w a dl O.,a 0 CD 0 V'0 IOD W w OVO tit,E"0.:10 CO n V0 '. Gd9 V.+m 8 og am•$ a ae i Cl =d F°E The Grantor further reserves unto itself, its successors, grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means,except by railroad,Including but not limited to,pipeline,telephone,radio, radar or laser transmission systems wire, fibers, conduits, utility and energy transmission lines of every land and character together with all necessary supporting devices which may be constructed,erected or installed in,on,under,above,across and along any portion of the premises lying within fifty (50) feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re-erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever, whether or not exercised, unless expressly relinquished in writing by the Grantor,its successors or assigns. The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3) miles in length in,on,under,above,across and long the property herein described and Grantee shall retain all rights as provided herein for those distances of less than three (3) miles in Length. For the purpose of calculating mileage, the three(3) mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such Line may extend into the next contiguous county and is not limited to the property herein described. Notwithstanding any other provision of this instrument, the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described. This conveyance is made pursuant to the terms of a Purchase Agreement dated rV April 29,1985,and the terms thereof shall survive delivery of this Quitclaim Deed. •a- O m� i f f 6 d 1 1 ` rn fTt '� „-TZ � 0 fV 63 IN WIT S WHEREOF, this instrument is executed by the Grantor this In r" day of ,1985. ATTEST: CHICAGO PACIFIC CORPORATION _tt ge ary • teven Town,Vice President r c1.0), 01/4-. , 1€ AV • COI STATE OF ILLINOIS ) 1 SS COUNTY OF COOK ) I,the undersigned,a Notary Public,in and for the County and State aforesaid,do hereby certify that A.STEVEN CROWN,personally known to me to be the Vice President of C ICAGO PCtPIC CORPORATION, a Delaware corporation, and � ,Q ,...,4 �✓ personally known to me to be the Q- • Se etar of said corpora ion, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that as such Vice President and ( Secretary they signed and delivered the said instrument as Vice President ander(,�y� Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and seal this Iv1 day of __ 1985. c7______, O Notary Pcf61ic cMy Commission Expires: , V,. .,ed�.. „ /917 rV --- CZ) C) -t. (Z:) �, UV 778 Pia 323 ---`: ate- --t r? N fi r r*iFri --3 aur 9w C) fV 64 • ID 'act9, ra_• -.11151-7 ^;i APi;2 r fl' 8:23 DEED OF RELEASE NECCR,:Ei KNOW ALL MEN BY THESE PRESENTS: That CHICAGO PACIFIC i.Ni4H C:t.i�NA CORPORATION, a Delaware Corporation, whose principal place of business is 200 South Michigan Avenue, Chicago, Illinois 60604, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby remise, relinquish, release, and forever quitclaim to HAWKEYE LAND CO., an Iowa corporation, whose address is P.O. Box 5399, Cedar Rapids, Iowa 52406-5399, all its right, title, interest, estate, claim, and demand in and to all real property in ZTolin Sen County, Iowa in which it has any such right, title, interest, estate, claim, or demand whatsoever, wheresoever and howsoever evidenced, monumented, or located, it being the intent and purpose of Grantor to relinquish and convey unto Grantee all reservations, exceptions, and privileges reserved in a Quitclaim Deed made, executed, and delivered by Grantor to Grantee dated July 1, 1985, filed July . , 1985, and recorded (in Book 772 at Page :-II/ ) (as—Inst-Eumen-t No. - v. ) in the office of the 0-0J)klsokl County Recorder. This deed transfers certain permanent, exclusive longitudinal easements, and it is therefore excepted by Iowa Code o section 428A.2(17) (1987) from the tax imposed on real estate O fl transfers. +- .✓ IN WITNESS WHEREOF, this instrument is executed by the �-{ — r,— Grantor this %:r- day of.MarcW, 1988. CHICAGO PACIFIC CORPORATION ' BY O CORPORATE SEAL William C. Terpstra, Exec. Vice Pres. ATTEST: lr,<', ' . A)o,4.,7,A,JAsst. Secretary ,.j EXHIBIT STATE OF ILLINOIS) ) ss COUNTY OF COOK ) I, the undersigned, a Notary Public duly commissioned and qualified in and for the County and State aforesaid, DO HEREBY CERTIFY that William C. Terpstra and `Y$xtsr rnvz-vj to me personally known and known to me to J�, respectively, _the Executive Vice President and Assistant Secretary of CHICAGO PACIFIC CORPORATION, a Delaware corporation, and the identical persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and being first duly sworn by me, severally acknowledged to me that they are, respectively, the Executive Vice President and Assistant Secretary of said corporation; that as such officers they signed, sealed, and delivered the said instrument in behalf of said corporation by authority and order of its Board of Directors, as the free and voluntary act and deed of said corporation, and as their own free and voluntary act; that the seal affixed to said instrument is the seal of said corporation; and that said corporation executed said instrument for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as such Notary Public, at Chicago, Illinois, this /a"i"—day of.J4ax.er, 1988. Ami v Not y Public in and €othe County of Cook, In the State of Illinois My commission Expires: ////,294) " OFFICIAL SEAL " JUDITH A. HUFF NOTARY PalLIG SIAM OF ILLINOIS MY COMMON EXPIRES 17/25/90 • (—) C �-1 _ rtr n N pi .—E) t x l \) > 2 )t ,-11/?A.f 261 Transfer Fro _ 001 J 4 Recording Fee • P. Np - Total E 7 1985JUL-2 MM 9:47 QUITCLAIM DEED 0'91.;00 RECARBEN JOHNSON CO..lass KNOW ALL MEN BY THESE PRESENTS That CHICAGO PACIFIC CORPORATION, a Delaware corporation, whoseprincipal place of business is 200 South Michigan Avenue,Chicago,Illinois 60604("Grantor"), in consideration of the sum of TEN DOLLARS(310.00)and other good and valuable consideration,the receipt whereof is hereby acknowledged,does hereby QUITCLAIM,subject to the terms,conditions,reservations and exceptions hereinafter set forth, unto HAWKEYE LAND COMPANY,an Iowa corporation, whose address is P.O.Box 5399,Cedar Rapids,Iowa 52406,herein designated as"Grantee," all of Grantor's right,title end interest,estate,claim and demand,if any,in the following described parcel of land situated In the County'of Johnson,State of Iowa,to wit: A strip of land of varying widths constituting the former line of railroad of the Chicago, Rock Island and Pacific Railroad Company, (Grantor's predecessor in title) and associated station grounds, yards, depots, stock pens, coaling and watering sites and borrow pits of Grantor's predecessor as same are evidenced, monumented and located through the following areas: Beginning at the intersection of the centerline of the Grantor's former main track and the Easterly Iine of Johnson County,Iowa,being also the East line of Section 25, Township 80 North, Range 5 West; thence continuing Northerly through said Section 25 and through Section 26, the Northeast Quarter of the Northeast Quarter of Section 27, Sections 22, 21, 16, 9, 4 and 5,Township 80 North, Range 5 West; thence continuing Northerly through Sections 32,31 and 30, Township 81 North, Range 5 West; thence continuing Northerly through Sections 25, 24, 23, 22, 15, 16, 9,4 and 5 to a Termination of the North line of Section 5,being also the Northerly line of Johnson County,Iowa,Township 81 North,Range B West. AND Beginning at the intersection of the centerline of the Grantor's former main track and the East line of Section 25,Township 79 North,Range 5 West, being the Easterly line of Johnson County,Iowa;thence Westerly through Sections 25, 26,27,28,29,20 and 19,Township 79 North,Range 5 West,continuing Westerly C.7 through Sections 24, 13, 14, 15, 16,9,8, 5 and 6,Township 79 North, Range 6 C) West; thence Westerly through Section I, Township 79 North, Range 7 West; thence Westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 'c", North, Range 7 west,thence Weeteedl;through SEctions 25,24,23,25,21,20,1?, ••••••4 18 and?,Township 80 North,Range 8 West. ��+�- AND -f n N t `fir- Beginning at the intersection of the Grantor's former main track centerline and I'Tl -17 the South line of Johnson County, Iowa, being the South line of Section 34, Q'L] ; Township 78 North,Range 6 West;thence Northerly tlrough Sections 34,27,22, yti N 15, 10 and 3, Township 78 North, Range 6 West; thence Northerly through Sections 34, 33, 28, 24, 22, 15,10,11,14 and 13,Township 79 North,Range 6 West; thence Easterly through Sedt£otN 18, 7, 8, 5 and 4, Township 79 North, Range 5 West; thence Northerly through Sections 33, 34, 27 and 22, to a Termination at the intersection with Grantor's former Elmira to Iowa Junction main track centerline in the South Half of Section 22,Township 80 North,Range 5 West. REAL ESTATE TRANSFER I TAX PAID 317 1 FS-fMvk 000% 8 5"1,E 3 ss • • •e4, a E I-IIBIT � -:,,try 58 8 c\J 6 LLI CT Tc 371d S1,f r0^ C\J Z8Z 8E ZLI OZ 086 8I 186 81 8LP 81 LL6 SI 119 81 696 ST 281, 8I OLP 81 1 094 di 1£1 ST 4EZ 81 ZEZ 81 LEI 81 £EZ 81 EOZ 8I S0Z 81 OZP OE ZZ1 81 602 81 EOZ 81 E81• 8T 981 81 SZ1 8i 421 81 981 81 S81 81 P81 SI 4TT ST ETT 8T SIS PE 64S PE EIS 4E Z'S PE P4Z V' 442 66 01Z 80Z BET Z6 SLS 091 ZSZ P1T EL 81 • ILT LS ZT 91 89E PP L91 14 8EP 09 ITT 81 011 81 ILS OE 669 0E E8Z EE 816 S8 601 81 EE 98 90T TE aOVd MOOS :sa0ed pua slooq 9u1Mo1I0J alp 38 JapJoaa9 eMol '4un00 uosuyo£ 9(l yl?M paflJ sivaum.gsu! Orman paamboa peoJ08g o als:M uoluTIO ',Ammo !peoJReg ydasor 'i8 J9 81113w0 '0880143 141M1[eg uaalsaM )4 4110 BMol!p80apeI uaay2JON 7Q sptdeg a8pa9 `uoI$ugaig !paoa1tag Imossui 9 iddcss1ssiyi SJossaaapaad s,JO1118JD sisaJalu[ aroyl jo Ind a 8u!ag 09 nu 0 N 61E 3'.4 LL r ca W Q_ �1— N MINIMS )V 116 08 140 L4 L6E OT O Cj 86C OT 9£T 6Z I6Z OI C' 1)I 69 N 4ZE O1 L0Z OZ £8Z O1 68Z O1 063 01 Z9£ 01 ZZ 1 110 ETT HOZ 66Z OT 88Z OI EDI 68 Z6T PS I6T 98 81 11 06T 68 61 11 911 16 9L 16 16Z OT Z63 OT 46I 98 L6 04 COT 34 SET 68 88Z 0I 601 68 166 OT 09 6) 61 66 Z6S 8L I6S 9L CBS 18 LS 61 LI) 80 9S 64 SI 64 61S BS 091 S6 611 LS 811 LS 36T LS OZT LS 80Z LS 131 LS CC 16 6E1 48 164 01 SZZ 01 0ZS 81 CZS 81 Oil 8Z T39 01 811 8T 9S9 11 SS9 Z£ L6 to Z6Z BZ 4SS 8T 6 48 3Otld NOOfl BOOK PACE 82 452 85 353 85 359 93 88 178 459 174 515 208 175 208 174 229 553 435 196 174 637 11 149 47 1 31 176 82 471 10 969 78 127 31 151 10 457 10 458 62 472 62 456 79 79 62 967 194 317 42 125 57 565 42 127 57 564 62 402 42 98 43 284 42 94 77 118 73 512 73 513 73 4.45 73 448 70 80 69 423 42 86 43 432 76 331 42 109 43 431 42 108 42 87 42 113 42 82 42 89 42 91 42 101 42 106 42 100 42 119 42 120 43 289 50 172 d 47 42 47 45 Q 47 46 z_C 47 483>••••••• y x`0'9 47 47 47 54 47 51 -i(") r 7.<r- 41*7rri BOOT 1 1 8 r:LE 3 U Q K7 3 0 Q N 61 BOOK PAGE 64 385 47 59 37 13 150 456 208 175 37 13 47 64 47 69 47 71 47 74 47 77 43 315 47 79 47 81 47 82 47 85 47 86 43 324 47 88 47 479 47 480 44 594 38 417 49 54 146 206 43 330 43 333 43 319 43 31.6 43 317 10 223 43 327 62 433 62 361 34 602 45 177 53 616 49 53 65 433 44 600 44 599 184 300 67 595 T 525 95 607 45 528 84 146 70 409 49 53 208 104 The descriptions contained herein notwithstanding,the intent of this document is to convey all right, title and Interest of the Grantor wherever evidenced, monumented or located in the County aforesaid. tV C1 5 ^oes 778 e,GE 321 n 1\.) : rri -77 Q 0 62 The Grantor further reserves unto itself, its successors, grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means,except by railroad,including but not limited to,pipeline,telephone,radio, radar or laser transmission systems wire, fibers, conduits, utility and energy transmission lines of every kind and character together with all necessary supporting devices which may be constructed,erected or installed in,on,under,above,across and along any portion of the premises lying within fifty(50) feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re-erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever, whether or not exercised, unless expressly relinquished in writing by the Grantor,its successors or assigns, The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3) miles in length in,on,under,above,across and long the property herein described and Grantee shall retain all rights as provided herein for those distances of less than three (3) miles in length. For the purpose of calculating mileage, the three(3) mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such line may extend into the next contiguous county and is not limited to the property herein described. Notwithstanding any other provision of this Instrument, the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described. This conveyance is made pursuant to the terms of a Purchase Agreement dated April 29,1985,and the terms thereof shall survive delivery of this Quitclaim Deed. C..) CD C7 1 118 FLGE32 -- C—) rrl =ern _ 6 3 ��'' IN WIT WHEREOF, this instrument is executed by the Grantor this day of ,1985. ATTEST: CHICAGO PACIFIC CORPORATION Ikat S' Se Lary teven rown, ce •res dent STATE OF ILLINOIS ) SS • COUNTY OF COOK I,the undersigned,a Notary Public,in and for the County and State aforesaid,do hereby certify that A.STEVEN CROWN,personally known to me to be the Vice President of ICAGO PACIFIC CORPORATION, a Delaware corporation, and ' personally known to me to be the Q�-•Z. etar of said corgi not n, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, red before me this day in person and acknowledged that as such Vice President and - Secretary they signed and delivered the said instrument as Vice President and ( Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and seal this L UI day of 1985. �u f���� .40 otary•'.l c My Commission Expiresc Ylor r+xl.t, /917 ry (', C -11 N i '°" l'78 PACI 3 —f T' C:) Q co aw 7 64 t ' lu4TO. 1j 11011 LL DEED OF RELEASE or+a KNOW ALL MEN BY THESE PRESENTS: That CHICAGO PACIFIC. su CORPORATION, a Delaware Corporation, whose principal place of business is 200 South Michigan Avenue, Chicago, Illinois 60604, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby remise, relinquish, release, and forever quitclaim to HAwxEYE LAND CO., an Iowa corporation, whose address is P.O. Box 5399, Cedar Rapids, Iowa 52406-5399, all its right, title, interest, estate, claim, and demand in and to all real property in Mori. aon County, Iowa in which it has any such right, title, interest, estate, claim, or demand whatsoever, wheresoever and howsoever evidenced, monumented, or located, it being the intent and purpose of Grantor to relinquish and convey unto Grantee all reservations, exceptions, and privileges reserved in a Quitclaim Deed made, executed, and delivered by Grantor to Grantee dated July 1, 1985, filed July , 1985, and recorded (in Book 178 at Page -}17 ) (as--Instrument Na. - - . . ) in the office of the County Recorder. This deed transfers certain permanent, exclusive ru longitudinal easements, and it is therefore excepted by Iowa Code o section 428A.2(17) (1987) from the tax imposed on real estate G r) O transfers. IN WITNESS WHEREOF, this instrument is executed by the r--- Grantor Grantor this day of_Maecif, 1988. • , n -13 rn CHICAGO PACIFIC CORPORATION �` - C7 N CORPORATE ey co r SEAL At William C. Terpstra, Exec. Vice Pres. ATTEST: v►�/jL A= "J , A. ^r0.„y,,,.1ASSt. Secretary EXHIBIT STATE OF ILLINOIS) ) ss COUNTY OF COOK ) I, the undersigned, a Notary Public duly commissioned and qualified in and for the County and State aforesaid, DO HEREBY CERTIFY that William C. Terpstra and -;14,;(6,4,4, 724.-2.7,retst , to me personally known and known to me to , respectively, the Executive Vice President and Assistant Secretary of CHICAGO PACIFIC CORPORATION, a Delaware corporation, and the identical persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and being first duly sworn by me, severally acknowledged to me that they are, respectively, the Executive Vice President and Assistant Secretary of said corporation; that as such officers they signed, sealed, and delivered the said instrument in behalf of said corporation by authority and order of its Board of Directors, as the free and voluntary act and deed of said corporation, and as their own free and voluntary act; that the seal affixed to said instrument is the seal of said corporation; and that said corporation executed said instrument for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as such Notary Public, at Chicago, Illinois, this /,'.21--day of_tarCT, 1988. ASL- Not y Public in and t"othe County of ook, In the State of Illinois My commission Expires: //,k942 " OFFICIAL SEAL " NOT JUDITH A. HUFF 811G SIMS OF ILLINOIS MY COMMISSION ERP:NES 11/25/90 • hl O CD n`_-', - —4C'7 N �I n CD- 0�y ^ •N •O L .,.3� eAcE 26• co • • • '.LI.EL9 iTl3A X1108 3A1 i LIflIHXfl OgCL9 ill wars YY.dEEY9 3 , :8... menoll Et d.01'tL9 s100 nd SE ,O.,.'A3l Nltl Zr....... .....""i--1127--11-1-1=1.51------- ...-T-e-. __ ..,...- ---=--------m- Elalitkli if joy tk no ...,_ ,.. d OC`,L9 'NI:.id a ;OS'll lZ L9�05'V15 .... 1111111111111111111 COfa?t�A I : 1 t,2 1 NOP* 111 En _____._. . ib- an , womommismnam ..........--- arinummuo 99 .. imnim minu . 3.: . . 1 s . sionmams 9Nt 81%3. d9.. , , 1 NO1 912 11Y15N / NOIIYIOJO 1 AYA-d0- 3338 1N3N13A32!.3. 55V'C7/ / I7 �.n Q �� L'ZDOiJ �b / /�- _ tlOj 5133K 0 01 883138 - / l / i l' 331 0 Z \�// 1� ' �� S y 30 sN01 8 tc 11VI5NI / ! �t+� ` / Oa . 1} / �y�p�(� 41261 .j;,:fir•.. / i IV: / / / r. r a�l.S a, -1e10n^c kAJo t� r 0 y��, P)v✓�/ ¢' s► 4 �--/ --------- • `ars �_ �� ---L}-- =u�u.�a��_0------I enc^ - -- �'-------- . li __ __®----A i to_ �l Ii r n' _ ��,�• -- '- --- --- ---- ---------------- -- Arliv. .,0_ so riaysirt Mak U GED ar : __ . GEOW I ----------- -- CO4 ®eJ 'ltA 01;: GraZ (12a) C12:19 g-2rr--- ----- 11-'4--- '."'AgWVALltri=- ,fri ' li-gr.--__.. rµ mil- -=-L'd'=r==14sl-- _- -_ - - - - // ' Ii; of a.... 1 1 _ In4. o+ /i) + :' o 483 1\3 0 Hawkeye Land Company General Counsel: Andrew Potter 500 Stickle DR NE Telephone:1-800-972-5854 Cedar Rapids, IA 52401 Facsimile:319-366-2548 www.hawkeyeland.biz Email: apotter@midwest3pl.com Sent Via Certified Mail(#70110470000239230377) and Email to eric-goers@iowa-city.org July 29, 2011 Eric R. Goers Assistant City Attorney City of Iowa City 410 E.Washington Iowa City, Iowa 52240 Dear Mr. Goers: I am writing to follow up on my letter dated July 26, 2011 because of recent events. As an initial matter, let me re-emphasize that Hawkeye Land does not believe section 476.27 of the Iowa Code applies to it. Nevertheless, it has come to Hawkeye Land's attention that pipes are already being placed inside the right-of-way. Hawkeye Land has still not received proof of insurance from the City. Moreover,the pipes that are being placed are not steel as the City indicated on the submitted specification exhibits. Please cease further construction until you have given Hawkeye Land proof of insurance, updated the engineering design drawings, and fully complied with our July 26, 2011 letter. It has also come to Hawkeye Land's attention that pipes are being placed longitudinally within the right-of-way without Hawkeye Land's consent. Hawkeye Land owns the utility easement rights for both crossing and longitudinal easements in this area. As section 476.27 and its regulations make clear,the crossing statute does not apply to longitudinal occupations. Any longitudinal occupations will further complicate the placement of the HVDC lines. Please provide plans for the longitudinal occupations so that Hawkeye Land may determine whether it wishes to negotiate a fee for these unauthorized occupations. Sincerely, Andrew Potter cc: Jon McCright 425 2`1 Street SE �� o Suite 1010 >74 Cedar Rapids, IA 52401 c,c-� - P: (319) 366-7795 F: (319) 366-4551 ( -r) jrnmcright@l010crlaw.com o C) IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No. IA CA)07 3?g5 Plaintiff, APPLICATION FOR TEMPQ, R vs. AND PERMANENT INJUNCTJ c, •fib CITY OF IOWA CITY, IOWA 'T Defendant. c r. COMES NOW Plaintiff, Hawkeye Land Company,by and through the undersigned, and for their cause of action state: 1. Plaintiff Hawkeye Land Co. is an Iowa Corporation with offices at 500 Stickle Drive NE, Cedar Rapids, Iowa 52401. 2. Defendant City of Iowa City, Iowa, (hereinafter referred to as "Iowa City"), is an incorporated municipality in the State of Iowa, County of Johnson. 3. Plaintiff, Hawkeye Land Company, (hereinafter referred to as "Hawkeye") is the owner of interests in real property located in Johnson County, in the municipality of Iowa City, Iowa. 4. Iowa City has commenced construction of a project known as "Iowa City Industrial Campus" that interferes with and intrudes upon Hawkeye's property rights in Johnson County, Iowa, without first paying just compensation as required by law. 5. This Court has personal and subject matter jurisdiction over this dispute. 6. On October 4, 1984, Chicago Pacific Corporation(hereinafter referred to as "CPC")conveyed to Heartland Rail Corporation all of its right, title and interest in the railroad line that is the subject matter of this litigation. In doing so, CPC reserved the mineral rights, former easements and licenses, and the following: ' "Grantor reserves for itself, its successors and assigns,exclusivi;9 o 711 perpetual easements and the exclusive right to grant easements, leases on—> licenses,either in perpetuity or for terms, for the construction, installatioqiit 'v erection,reconstruction,reinstallation,re-erection,relocation, maintenahc?, removal,repair,replacement, use and operation of the transportation arid: m) transmission systems for all and every type of fluids, gases,resources, titateria ,' products,communications and energy by whatever means including, without limitation,overhead conveyors,pipelines,telephone,radio,radar or laser transmission systems,wire, cable, fiber, fiber-optic, utility, energy and power transmission lines or conduits of every kind and character together with all necessary supporting structures and devices which may be constructed, erected or installed on, in, under, over,above, across and along all or any portion of the Property at any time from time to time in the future, upon such terms as Grantor deems appropriate in its sole discretion;.... and Grantor reserves to itself, it successors and assigns,the exclusive right to convert or amend any existing easements, licenses, leases or agreements for conduits, sewers, water mains, gas lines, electric power lines, cables, wires or other energy,communications and utility lines of any kind whatsoever beneath, in, on, over, across, along, or above the surface of the Property to easements, leases,or licenses, either in perpetuity or for terms, for the continued maintenance, operation and use of the same or to otherwise modify any existing easements, license, leases,or agreements upon such terms as Grantor deems appropriate in its sole discretion." (See Exhibit A attached hereto and made a part hereof.) 7. In addition,at page 119 of the recorded deed, the Grantor's reservation and rights were further enumerated: "Grantor reserves for itself its successors and assigns the exclusive right to enforce any and all of the rights and reservations as herein provided, at law or in equity,against any person or entity bound by such rights and reservations as herein provided to recover any damages suffered by Grantor for any violation, threat of violation or breach hereof. All rights hereby reserved shall continue in perpetuity, whether or not exercised. The exercise of Grantor's rights reserved herein in respect of the easement grants, leases, licenses,and agreements shall not unreasonably interfere with the use,operation and maintenance of the surface of the Property by Grantee, its successors or assigns. This instrument is being executed in multiple counterparts, each of which shall be considered an original, which counterparts have as [Exhibit B (instrument exhibit)] attached hereto only those maps depicting the Property in the County in which that counterpart is recorded". (See Exhibit A attached hereto and made a part hereof.) Heartland later transferred it's interest in this railroad property to Iowa Interstate Railroad, LTD, which deed contains the same easement reservation language. (See Abstract at pages 67-72 attached to Plaintiff petition as Exhibit E. ) 8. On July 1, 1985, CPC transferred all of the Grantor's remaining Wits irahe same property to Hawkeye, but reserving to itself certain rights. `_1 c.)-ez 7-71 c-) N � rn 2 CD "The Grantor further reserves unto itself, its successors, grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means, except by railroad, including but not limited to,pipeline,telephone,radio,radar or laser transmission systems,wire, fibers, conduits, utility and energy transmission lines of every kind and character together with all necessary supporting devices which may be constructed, erected or installed in, on, under, above, across and along any portion of the premises lying within fifty(50) feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re- erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever,whether or not exercised,unless expressly relinquished in writing by the Grantor, its successors or assigns. The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3) miles in length in, on, under, above,across and long the property herein described and Grantee shall retain all rights as provided herein for those distances of less than three(3)miles in length. For the purpose of calculating mileage, the three (3) mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such line may extend into the next contiguous county and is not limited to the property herein described. Not withstanding any other provision of this instrument, the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described." (See Exhibit B attached hereto and made a part hereof.) These reservations were later released by a Deed of Release dated April 12, 1988. (See Exhibit C attached hereto and made a part hereof.) 9. Iowa City has done excavation work,and has installed drainage culverts, waterlines, sub-drains, drainage pads, and storm sewer pipe and will install a street and sidewalks as part of the"Iowa City Industrial Campus"project without first following statutory procedures in condemning the property and paying just compensation for the taking. (Attached hereto and made a part hereof is Exhibit D which shows all illegal and impermissible intrusions upon the Plaintiff's property.) 10. Iowa City's wrongful actions and conduct are not only an illegal and ti 0 unconstitutional taking of Hawkeye's rights, but are also tortious and are of a;, ,ongoi nature -- _? c m which continue up to the present time. >--� VC Fr; M 3 rn O N 0 O 11. Plaintiff seeks to restrain and enjoin Defendant from continuing and further trespass and to halt construction on Plaintiff's property or property rights until such time as this matter has been resolved. 12. Plaintiff requires urgent relief as Defendant is now gaining benefits from its improper use of Plaintiff's property. 13. The Court may issue a temporary and permanent injunction if, after a hearing,the Court determines that Defendant's continued actions would greatly or irreparably injure Plaintiff pursuant to Iowa Rules of Civil Procedure 1.1501, 1.1502(1)and 1.1507. 14. Unless the Court enjoins Defendant's continued construction upon Plaintiff's property,the Plaintiff will be irreparably harmed by the intrusion upon its property and the grading, structures, and fixtures being placed by the Defendant upon the property of the Defendant will impede the Plaintiffs rightful use of its own property. 15. No application for injunctive relief seeking the same relief as sought herein or part thereof has been previously presented to and refused by any court or justice. 16. The Court should set a hearing on this application and, after hearing,enter an injunction restraining Defendant from further intrusion, construction,and trespass upon the property of the Plaintiff and order Defendant off of the property of the Plaintiff except to remove all structures, grading and fixtures illegally placed upon the property of the Plaintiff. 17. That all costs, including the payment of Plaintiff's reasonable attorney fees, should be assessed against the Defendant. 18. In support of this Application for Temporary and Permanent Injunction there is an Affidavit of Rick Stickle,the President of Hawkeye Land Company. WHEREFORE, Plaintiff respectfully requests that the Court enter a temporary and permanent injunction restraining Defendant from trespass upon the property of the Plaintiff except to remove all structures, grading and fixtures illegally placed upon the property of the Plaintiff; that further,the Court assess all costs of this action, including the payment of Plaintiffs reasonable attorney fees against the Defendant, and any other remedy deemed necessary by the Court. (=, ---i C') fV r-- 4 rn m � O ., U t - c-6.-ct-1 04- ,M. McCright AT0005103 2"d Street SE, Suite 1010 The undersigned hereby certifies that a true copy of the foregoing instrument was served upon each of the attorneys Cedar Rapids, Iowa 52401 of record of all of the parties,or upon pro se parties,to the Tel: 319-366-7795 above-entitled cause on the day of , 2011,by: Fax: 319-366-4551 jmccright@l010crlaw.com ❑U.S.Mail 0 Fax U Hand Delivered ❑COv"ernight Courier 0 Other <$ wed OA -1c2),--x ATTORNEY FOR PLAINTIFF STATE OF IOWA ) ) SS: COUNTY OF LINN ) I, Rick D. Stickle,being first duly sworn on oath,depose and state that I am the President of Hawkeye Land Company, the Plaintiff in the above-captioned matter and that I have read foregoing Application for Temporary and Permanent Injunction and that the statements contained therein are true and correct as I verily believe. Rick D. Stickle, President Hawkeye Land Company Subscribed and sworn to before me by the said Rick D. Stickle on this /l _day of et,, , , 2011. • 41; C 1., JJI 1 _ //f/ .93k . JON M. MCCRIGHT Z Commission Number 703270 NOTif Y PUBLIC - STATE OF 10 My Com ssio Expiies • Awe^ f I Y _.. C) i 7 r W p Q --i ea,. pLi) N v ►- z< C.) ° .'".n >-1 —+ ._,-4c.) N 5 =err -13 ni C3=o N '3 O f a --_ t -- - ��l.lj{• _1.,LL r F*-� / �� F Ft-e. 5l brc.'3 �saaoc MIKE i 6 QUITCLAIM DEED JOIIIM-u�C)IOWA KNOW ALL MEN EY THESE PRESENTST That the CHICAGO PACIFIC CORPORATION, a Delaware corporation, ("Grantor") in consideration of the sem of TEN • DOLLARS(510.00)and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby CONVEY and QUITCLAIM, subject to the terms, conditions, reservations and exceptions hereinafter set forth,unto HEARTLAND RAIL CORPORATION, an Iowa corporation with an address at 403 W. 4th Street North, Newton, Iowa 30208, ("Grantee"), all of Grantor's right, title and interest In and to the railroad right-of-way , property described in Exhibit A, attached hereto and made a part hereof, including and together with all improvements, tenements. fixtures,appurtenances thereto, rights-of--way. strips and gores of land,abutting extra-width land, improvements affixed or Installed, such as rall and right-of-way fences, bulldirres. pecanges, sewer rights, trackage, signal and communications equipment,waters,water courses, water rights end powers, flowers, shrubs„ crops, trees, timber and other emblements now or hereinafter located on the property or under or above the seine or any part or parcel thereof, and all rights, titles, interests and apptstenonces, whatsoever, In any way belonging,relating, or appertaining to the property or any part thereof,or which shall In any way belong, relate, or be appurtenant thereto;and it being understood that the enumeration of any specific articles of property shall in no wise exclude or be held to exclude any items of property not specifically mentioned. All of the property hereinabove described, real,personal and mixed,whether affixed or annexed or not (except where otherwise hereinabove specified) and all rights hereby conveyed and transferred are Intended so to be as a unit and are hereby understood, agreed and declared r„ to form a part and parcel of the property("Property") and to be appropriated to the use of -- the Property, Including but not limited to property shown on maps attached hereto as w' Exhibit B, and further including the property described in the o .: . : ..,.• on said — t “"“ HEAL ESTATE TRANSFER —4C) N J maps, Insofar as such property Es described in said Exhibit A_ TAX PAID M Transfer Fee 0'0 Recording Fee O.bY EvoL 1,4€11 s 1�ak�o-->s,n o Z7" n. rnnhlr • I EXHIBIT '') It Is the Grantor's Intention to quitclaim all of its right, title and Interest to Its railroad right-of-way and contiguous property,except as excluded in aald Exhibit A, located between the following end points: i i1 Bureau, Bureau Co., Illinois at E.P.S. 6064+97, M.P. 181.53 westerly to Milan, Reek Island Co., Illinois at E.P.S.4438+83.8(Rip Line)and at &P.s. 177+91 (Sherrard). q; Davenport, Scott Co., Iowa at E.P.S. 9634+00, M.P. 182.35 westerly to E. Des Moines, Polk Co., Iowa at E.P.S. 1825+00,M.P.350.80. W. Des Moines, Polk Co., Iowa at E.P.S. 19272+47, M.P. 985.0 westerly to Council Bluffs, Pottawattcmie Co.,Iowa at E.P.S.26412+90. Hancock, Pottawattomle Co., Iowa at E.P.S. 24539+75, M.P. 464.77 southerly to Oakland, Pottawattomie Co., Iowa at E.P.S. 24794+15, M.P. 469.59. Audubon, Audubon Co., Iowa at E.P.S. 80+75-5 southerly to the connection with Grantor's East/West main track near Atlantic,Casa Co-, Iowa. ` I Altoona, Polk Co., Iowa at the connection with Grantor's East/West main track southeasterly to Pella,Marion Co.,Iowa at B.P.S. 6056+50,M.P.114.80. Blue Island,Cook Co.,Illinois as described in Exhibit A. Grantor reserves for itself, Its successors and assigns, all ores, minerals and royalties of every kind and nature, Including without limitation oil, natural gas, sulphur, coal, and lignite on or underlying the surface of the Property together with the right,by all lawful means, to explore, drill for, protect, conserve, mine, take, extract, remove and market any and all such productst provided that such activity ahall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee,Its raiccessoes or assigns. VOL 733 W.E.117 } 2 Z7:• C) • 1- � ry CD age 3 of 40) • • Grantor reserves for Itself, its successors and assigns, exclusive perpetual easements end the exclusive right to grant easements, leases or licenses, either in perpetuity or for terms, for the construction, installation, erection, reconstruction, reinstallation, re-erection, relocation, maintenance, removal, repair, replacement, use and operation of transportation and transmission systems for all and every type of fluids,gases, t� resources, materials, products, communications and energy by whatever means Including, without limitation, overhead conveyors, pipelines, telephone, radio, radar or Laser transmission systems, wire, cable, fiber, fiber-optic, utility, energy and power transmission • lines or conduits of every kind and character together with all necessary supporting structures and devices which may be constructed, erected or Installed on, in, under, over, above, across and along all or any portion of the Property at any time from time to time in the future, upon such terms as Grantor deems appropriate in its sole discretions and Grantor reserves to itself, its successors and assigns, the exclusive right to convert or amend any existing easements, licenses, leases or agreements for conduits, sewers, water mains, gas lies, electric power lines, cables, wires or other energy, communications and utility lines of any kind whatsoever beneath, in, on, over,across, along, or above the surface of the Property to easements, leases,or licenses, either In perpetuity or for terms, for the continued maintenance,operation and use of the same or to otherwiso modify any existing easements, licenses, leases, or agreements upon such terms as Grantor deems appropriate In Its sole discretions and I VOL 133t'L 1i8 3 r~3 CD p — r , - 43- -- age 4 of 40) • Grantor reserves to itself, its successors and assigns, the right of access to and ingress and egress over, upon, to, from and across the Property by Grantor and its designated contractors, licensees, agents and employees, together with all necessary and incidental vehicles,work equipment, machinery and other movable structures for purposes in connection with the rights reserved hereby prodded that any such access shall be made with • reasonable advance notice to Grantee and Its operator and at the solo risk and expense of Grantor's designated contractors,licensees,agents and employees. Grantor reserves to Itself, its successors and assigns, the exclusive right and entitlement to any and all income arising out of or related to the existing easements,leases, licenses or agreements and the conversion or modification thereof and any and all income arising out of or related to the future easements, leases or licenses as provided for hereinabove. Grantor rosarvas for itself, Its tuocosoare and assigns the exclusive right to srtforos any and all of the rights and reservations as herein provided, at law or in equity, against any person or entity bound by such rights and reservations as herein provided to recover any damages suffered by Grantor for any violation, threat of violation or breach hereof. All rights hereby reserved shall continue in perpetuity,whether or not exercised. The exercise of Grantor's rights reserved herein in respect of the easement grants, leases, licenses, and agreements shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee, its successors or assigns. This instrument is being executed in multiple counterparts, each of which shall be considered an original, which counterparts have as Exhibit B attached hereto only those maps depicting the Property in the County in which that counterpart Is recorded. VOL 733 • O Q C)—( "C - amu, C7 m fU C' age 5 4U) • • • IN WITNESS WHEREOF, this instrument la eroeutod by the Grantor thin day of dk ,1984. 0 ATTEST: c. a.( HARVEY HAPNICK,Chairman CHICA(3 PACIFIC CORPORATION p .4442- Seer t;y Herv6g Kapntk STATE OF ILLINOIS ) ) S9 COUNTY OF COOK On this SLS- day of Citi , A. D., 1984, before me, the undersigned, a Notary Public in and for said County, in said State, personally a ppoared HARVEY KAPNICK In his capacity as Chairman of the CHICAGO PACIFIC CORPORATION, to me known to be the identical person named In and who executed the foregoing Instrument and acknowledged he executed same as his voluntary act and deed pursuant to the authorization given to him by said Corporation for the uses end purposes • herein set forth. NOTARIAL SEAL 72_e€et. Nota bile My Commission Expires' u se+-//7/7. aw � vol u. 12O 5 O . -4, —11C, I M age 6 of 40) , - f October 1,1984 Heartland-Deed EXHIBTP A Being a description of parcels of land and strips of land of varying widths constituting a continuous line of railroad property: SECTION ONE Blue Island Yard(Pour Outfreight Yard Tracks) Cook County, Illinois The Point of Beginning being on a line 6.5 feet westerly of and parallel to the centerline of Grantor's former yard track #5(local #47) and also being 6.5 feet easterly of Grantor's yard track #22 as presently laid out and located and on a line normal to Grantor's former main track #4 centerline located 735.6 feet northerly of the east/west centerline of Section 30, as measured along a line 50 feet westerly of and parallel to said main track 94 centerline; thence southwesterly from said Point of Beginning on a line 6.5 feet easterly of and parallel to the centerline of said yard track #22 to a line 71.5 feet westerly of and parallel to said main track #4 centerline;thence southerly along said line to a line 7.0 feet westerly of and parallel to the centerline of track 010; thence southerly along said line to a rine normal to said track #10 centerline located at the southerly headblock of said track #10; thence I� southeasterly along said line to a line 8.5 feet westerly of and parallel to the centerline of Grantor's former yard track #S (local #47); thence northerly along said line approximately 8,000 feet to said line 735.8 feet northerly of said east/west centerline; thence westerly along the last line intersected to the Point of Beginning; Also granting to the Grantee that nonexclusive easement easterly of said line 6.5 feet westerly of and parallel to said yard track #O (local 147) centerline reservod to the Chicago, Rook Island and Pnolflo Railroad Company, Debtor, Grantor's predecessor In interest, by the Regional Transportation Authority in its condemnation in the United States District Court for the Northern District r 1 VOL 733 f"Lr T,w ry I �-i+- N r- 7.(1— TT; f— „ I c age 7, of 40) of Illinois, Eastern Division (No. 81 C 0431), and a nonexclusive easement westerly of a line 7.0 feet westerly of and parallel to said yard track 010 centerline and a nonexclusive easement easterly of a line 6.5 feet easterly of and parallel to said yard track 022 from said Point of Degirming to a point opposite the point of switch for yard track 08 (local 045) as presently laid out and located in said outfreight lead (ladder) track, said nonexclusive • easements being solely for railroad operating clearance purposes in order to comply with IIltrtois Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1969, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad Rules 101.1 through 121.1 inclusive; Reserving to the Grantor an easement easterly of a lana 7.0 feet westerly of and parallel to said yard track 410 centerline and an � i easement easterly of and parallel to said line being 8.5 feet easterly of said yard track 022, both easements being solely for railroad clearance purposes in order to comply with Illinois Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1989, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad Holes 101.1 through 121.1 Inclusive; all in the Southwest Quarter of the Northeast Quarter of Section 30, the West Half of the Southeast Quarter of Section 30, the East Half of the Southwest Quarter of Section 30 and the Northwest Quarter of Section 31, both Sections 30 and 31 in Township 37 North, Range 14 East of the 3rd P.M. SECTION TWO Bureau to Rock Lslend and Milan Bureau County, Illinois Beginning at the Intersection of the centerline of the Grantor's westbound (northerly) main track and a line normal to said centerline located 842.4 feet southerly of the North line of Section 18, as measured along said track centerline (E.P.S. 6084+97, M.P. 114.85), Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M.; thence westerly ' .{ , O voL 733 PtIEcz) 2 n O 1 y - - — (U N • • age ,of (2) through Sections 12, 1, 11,10,9, 8,17,18 and 7,Township 15 North, Range 9 East of the 4th P.M.; thence continuing westerly through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.;thence continuing westerly through Sections 38, 35, 94, 28, 27, 28,21, 20 and 19, Township 18 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 24, 23, 22, 21, 20 and 19, Township 18 North, Range 7 East of the 4th P.M.; ' { thence continuing westerly through Sections 24, 23, 14, 15, 18, 17, 8 and 7, Township 18 North, Range 8 East of the 4th P.M.; Henry County,Illinois • • Thence continuing westerly along said main track centerline through Sections 12,11,2, 3,4, S and 6, Township 18 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range 5 East of the 4th P.M.; thence continuing westerly through Sections 36, 35, 34, 27, 28, 29 and 30, Township 17 North, Range 4 East of the 4th P.M.; thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through �I Sections 13, 14, 11, 10, 9, 8 and 7, Township 17 North, Range 2 East of the 4th P.M.; thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, Illinois, Township 17 North,Range 1 East of the 4th'P.M.; Rock Island County,Illinois Beginning at the Intersection of the Grantor's main track centerline and the Easterly line of •- Rock Island County; thence westerly along said track centerline, through Sections 3 and 4, I I Township 17 North, Range 1 East of the 4th P.M.;thence northwesterly through Sections 33, 32, 30 end 31, Township 18 North, Range 1 East of the 4th P.M.; thence westerly through Fractional Section 25, Township 18 North, Range 1 West of the 4th P.M.; thence westerly through Lots 9, 8, 7, 8, 8, 4, 3 and 2, LeClaires Reserve, and Sections 33, 32 and 31, (Including Grantor's right-of-way in 9yivan'e Island in said Section 31), Township 18 North, I t L VOL 733 . 23 S cza _rcj CD CD ..l1 IN) ' O age 9, of 40) • Range 1 West of the 4th P.M.; thence westerly through Sections 38, 35 and 34, Township la North, Range 2 West of the 4th P.M.;thence southerly through Sections 3, 10, 15, 14, 43 and 24 to a termination at a line normal to said main track centerline located 1191.4 feet easterly of the north/south centerline of said Section 24 (E.P.S. 4438+83.6), as measured along said track centerline, and westerly through Sections 23, 213, 27, 23 and 29 to a termination at a lino normal to said track centerline located 1793.2 feet westerly of the East Iine of said Section 29(E.P.S. 177+31), as measured along said track centerline,all In Township 17 North, Range 2 West of the 4th P.M. SECTION THREE Davenport to E. Del Moines Scott County,Iowa Beginning at the Intersection of the centerline of the Grantor's Colorado West Bound (northerly) main track and a line oriented at right angles to said track centerline located seven hundred ninety-eight feet, more or less,southeasterly of the North Line of Section 38, as measured along said track centerline (M.P. 182.35, E.P.S. 9834+00), also being the East end of Grantor's Bridge No. 1825 over Third Street as located In Block 74 of LeClaires I' Addition to the City of Davenport,Township 78 North, Range 3 East of the 5th P.M.; thence westerly along Grantor's Davenport to Iowa City West Bound (northerly) main track centerline through said Section 38 and through Sections 25, 26, 27, 22, 21, 16, 17, 18 and 7 (l•5cc1udIng all of Grantor's interest In his East Davenport Yard located East of the East line of Pershing(Rock Island)Street In the Southwest Quarter of Section 25,and Iocated East of the East line of Iowa Street and located northerly of the northerly line of Third Street In the Northwest Quarter of Section 36),all In Township 78 North, Range 3 East of the 5th P.M.; thence continuing westerly through Sections 13, 12, 1I, 10, 9, 4, 5 and 6, to the Westerly line of Scott County,Township 78 North,Range 2 East of the 5th P.M. von 733 r!•cE124 4 I N {7 CD •_`�� ri Fen i.._' f\) �•rs� O I T age 1j) of 40) • ' AL401 Beginning at the intersection of the centerline of the Grantor's West Lound (northerly) main track and a line two hundred sixty-four feet, more or less, westerly of and parallel to the East line of Section T7, (M.P. 183.61, E.P.S. 9700+45), Township 78 North, Range 3 East of the 5th P.M.; thence westerly and southerly along Grantor's Davenport to Muscatine main track centerline through said Section 27 and Section 34 to the intersection of said math track centerline with the south line of Third Street, as laid out and located In the City of Davenport (M.P. 184.25, E.P.S. 9732+05), Township 78 North, Range 3 East of the 5th P.M. • Muscatine County,Iowa Beginning at the intersection of the centerline of the Grantor's West Bound(northerly) main track and the East line of Muscatine County, being also the East line of Section 1, Township 78 North, Range 1 East of the 5th P.M.;thence westerly along said centerline through said Section 1 and through Sections 2, 3,4, 5 and 6(Excluding that part of the Northeast Quarter of Section 5 lying northerly of a line fifty feet northerly of and parallel to the centerline of said northerly main track;Excluding all of Grantor's right-of-way located southerly of a line fifty feet southerly of and parallel to said northerly math track centerline located In said Sections 4 and 5 and being a part of Grantor's abandoned Black Hawk yard to Cedar Rapids line), Township 78 North, Range 1 East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th P.M. (being In Scott County); thence continuing wester y through Sections 36, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M. (being in Cedar County); thence continuing westerly through Sections 4, 5 and 6, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1,2, 11, 10, 9,8, 5 and 8,Township 78 North, Range 2 West of the Sth P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 16, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 2, 3 ' and 4 to the northerly line of Section 4, being the northerly line of Muscatine County, (excluding Grantor's personal property and track fixtures and appurtenances thereto, in said Section 12, pertaining to It, Cedar Rapids to Columbus Jct. line of railroad), Township 78 n North, Range 4 West of the 5th Q.M. -VOL 733 N4.1'4'55 5 1 C-n c? ry • tVti l � a s_ -_ .-- i age 11. of 40) Cedar County,Iowa Beginning at the intersection of the centerline of the Grantor', main track and the south line of Section 33, Township 79 North, Range 4 Welt of the Fifth Principal Meridian, being also the souther , line of Cedar County; thence westerly through Sections 33, 32, 29 and 30 to the westerly line of Section 30,being the westerly line of Cedar County, Township 79 North, Range 4 West of the 5th P.M. Johnson County, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the East line of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County;thence westerly through Sections 25, 26, 27,28, 29,20 and 19,Township 79 North, Range 5 West of the 5th P.M., continuing westerly through Sections 24, 13, 14, 15, 16, 9, 8, 5 and 6, (Excluding that part of Grantor's former Elmira to Iowa City line lying northerly of the northerly line of Des Maine, Street extended easterly, said street as laid out and located in the County Seat Addition of the City of Iowa City; Excluding all of Grantor's interest In Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of • . County Scat Addition to the City of Iowa City, extended easterly,and tying northerly of the north tine of Benton Street, as laid cut and located in Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City of Iowa City;Excluding all of Grantor's former Coralville and quarry spur in said Section 5), Township 79 North, Range 8 West of the 5th P.M.; thence westerly through Section 1, Township 79 North, Range 7 West of the 5th P.M.; thence westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 North, Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23, 22, 21, 20, 17, 18, and 7, Township 80 North, Flange 8 West of the 5th P.M.; ALSO; All of Grantor's Iowa City to Hills branch line In the East Half of Section 15 lying easterly of a line eight feet easterly of and parallel to the centerline of Grantor's former Iowa City to Elmira main track, as located In or near Maiden Lane, all In Section 15, Township 79 North, Range 8 West of the 5th P.M. .V0 33 r;({ 6 C=), -- -11 age 12 of 40) Lowe County,Iowa Thence continuing westerly through Sections 12, 11, 2, 3, 4, 5 and 8, 'Township BO North, Range 9 West of the 5th P.M.; thence westerly through Section 31, Township 81 North, Gunge 9 West of the 5th P.M.; thence westerly through Sections 36, 35, 34, 33, 32, 29 and 30,Township 81 North, Range 10 West of the 5th P.M.; thence westerly through Sections 25, b� 38, 35, 34 and 33, Township 81 North, Range 11 West of the 5th P.M.; thence westerly through Sections 3,4, 5,6 and 7,Township 80 North, Range 11 West of the 5th P.M.; thence westerly through Sections 12, 11, 10, 15, 18, 17, 18 and 19, Township 80 North, Range 12 West of the 5th P.M. Poweshiek County,Iowa Thence westerly through Sections 24, 23, 22, 21, 20, 17, 19 and 18, Township 80 North, Range 13 West of the 3th P.M.; thence westerly through Sections 13, 24, 23, 22, 21, 28, 29 end 30, Township 8O North, Range 14 West of the 5th P.M.;thence westerly through Sections 25, 28,27,28, 21, 20, 19 and 18,Township 80 North, Range 15 West of the 5th P.M.; thence westerly through Sections 13, 14, 15, 16, 17, 18 end 19, Township 80 North, Range 18 West of the 5th P.M. Jasper County, Iowa Thence continuing westerly through Sections 24, 25, 26, 27, 34, 33, 32, 31 and 39, Township BO North, Range 17 West of the 5th P.M.; thence westerly through Sections 25, 26, 23, 22, 21, 20, 17 and 18, Township 8O North, Range 18 West of the 5th P.M.; thence westerly through Sections 13, 24,23,26,27,28, 33 and 32(Excluding that part of the East Half of the Southwest Quarter of said Section 27 lying southerly of a line fifty feet southerly of and parallel to said main track centerline), Township 80 North, Range 19 West of the 5th P.M.; thence westerly through Sections 5, 8 and 7, Township 79 North, Range 19 West of the 5th P.M.; thence westerly through Sections 12, 11, 10, 9, 4, 5 and 8, Township 79 North, Range fl 20 West (Including Section 31, Township 80 North, Range 20 west) of the 5th P.M.; thence westerly through Sections 1, 2, 3, 11, 10, 9, 8 end 7, Township 79 North, Range 21 West of f � the 5th P.M. [VOL 733 ME127 CLo C7 nom; --1n fv r fr T; 1'7 t�) ' Cr! age 13 of 40) IPolk County,Iowa Y Thence continuing westerly through Sections 12, 11, 2, 3, 4, 9, 8, 7 and 18, Township 79 North, Range 22 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 28, 35 and 34, to a termination at a line normal to said track centerline 820 feet westerly of the East line of said Section 34, as measured along said track centerline (Excluding all those ports of said Sections lying southerly or easterly of a line fifty feet southerly or easterly and " parallel to the centerline of said main track) (EE_P.3. 18254-00, M.P. 350.80) Township 79 North, Range 23 West of the 5th P.M. SECTION POUR Altoona to Pella Polk County,lows fi Beginning at the intersection of the centerline of Grantor's Altoona to Pella branch line main Click and the West line of the East Half of the Southeast Quarter of Section 13 (R.D. F-P.S. 18701+20 +), Township 79 North, Range 23 West of the 5th P.M.; thence easterly through said Section 13, Township 79 North, Range 23 West of the 5th P.M.; thence southeasterly along Grantor's Altoona to Pella branch line main track centerline through Sections 18, 17, 18, 9, 10, I1, 14 and 13,Township 79 North, Range 22 West of the 5th P.M. Jasper County, Iowa Thence southeasterly through Sections 18, 19, 20, 21, 28, 27, 34 and 35, Township 79 North, Range 21 West of the 5th P.M.; thence southeasterly through Fractional Sections 3, 1 and 1, Township 78 North, Range 21 West of the 5th P.M.; thence southeasterly through Sections 8, 5, 8, 9, 10, 15, 14, 23, 24, 25 and 36, Township 78 North, Range 20 West of the 5th P.M.; thence southeasterly through Section 31, (acluding all that part of said Section 31 Lying northerly of a line fifty feet northeasterly of and parallel to said track centerline), Township 78 North, Range 19 West of the 5th P.M. vo_ 733 t-if€i8 8 1 ns C) L:4) r C" N.) T,l -D i e age 14 of 40) • Marion County, Iowa Thence southeasterly through Sections 8, 5, 8, 9, 18, 15, 22, 23, 26, 25 and 36, Township 77 North, Range 19 West of the 5th P.M.;thence southeasterly through Seetion 31, Township 77 North, Range 18 West of the 5th P.M.; thence southeasterly through Sections 6, 5, 4, 3, 10 and 11 to a termination at the east/west centerline of said Section 11 (E.P.S. 5056+50 M.P.114.80),Township 76 North, Range 18 West of the 5th P.M. • SECTION FIVE W. Des Moines to Council Bluffs • Polk County,Iowa • Beginning at the Intersection of the centerline of the Grantor's main track and a line normal �I to said track centerline located 382 feet westerly of the north/south centerline of Section• 21, Township 78 North, Range 25 West of the 5th P.M., as measured along said track centerline,(E.P.S. 19272+47, M.P. 365);thence westerly along said track centerline through Sections 21,28,29 and 30, Township 78 North, Range 25 West of the 5th P.M. Dallas and Madison Counties,Iowa Thence westerly through Sections 25, 26, 27, 28, 29 and 30, Township 78 North, Range 28 West of the 5th P.M.,Dallas County;thence westerly through Sections 25,26, 27, 22, 21, 20, 19 and 30, Township 78 North, Range 27 West of the 5th P.M., Dallas County; thence southerly through Sections 25 and 38, Township 78 North, Range 28 West of the 5th P.M., •l '.' Dallas County; thence westerly through Sections 1, 2, 3, 4, 5 and 8(Excluding all that part of the Southwest Quarter of said Section 4 lying southerly of a line fifty feet southerly of jl and parallel to said main track centerline), Township 77 North, Range 28 West of the 5th P.M., Madison County; thence westerly through Sections 1, 2, 3 and 4, Township 77 North, Range 29 West of the 5th P.M., Madison County; thence westerly through Sections 33, 32 and 31,Township 78 North, Range 22 West of the 5th P.M., Dallas County. I � 9 i VOL 733 i iLE 1....7 b C CD -ICD (V tU t ,a; age 15 of 40) • • • • Guthrie and Adair Counties, !owe Thence westerly through Sections 36 and 35, Township 78 North, Range 30 West of the 5th P.M., Guthrie County; thence westerly through Sections 2, 3, 4 and 5, Township 77 North, Range 30 West of the 5th P.M., Adair County; thence westerly through Sections 32 and 31, Township 78 North, Range 30 West of the 5th P.M., Guthrie County;thence westerly through Sections 36, 25, 26, 27, 28, 29 and 30 (Excluding that part of said Section 28 lying northerly of a line fifty feet northerly of and parallel to said main track centerline), Township 78 North, Range 31 West of the 5th P.M., Guthrie County;thence westerly through Sections 25, { -- 38, 35, 34, 33, 32, 29 end 31, Township 78 North, Range 32 West of the 5th P.M., Guthrie County; thence westerly thrcugh Saotions 38, 35 and 34, Township 78 North, Range 33 Went of the 5th P.M., Guthrie County; thence westerly through Sections 3, 4, 9, 8, 7 and 18, Township 77 North, Range 33 West of the 5th P.M., Adair County; Reserving to the Grantor all portions of Grantor's right-of-way in said Counties not currently neceessry and useful for railroad operations by reason of line changes or re- alignments. Cass County, Iowa Thence westerly through Sections 13, 14, 23, 22, 21, 28, 29, 30 and 31, Township 77 North, •Range 34 West of the 5th P.M.; thence westerly through Sections 36 and 35, Township 77 North, Range 35 West of the 5th P.M.; thence westerly through Sections 2, 3, 4, 9, 8 and 7, Township 78 North, Range 35 West of the 5th P.M.; thence westerly through Sections 12, 11, 2, 3, 4, 5 and 6, (Excluding that part of the Southeast Quarter of said Section 6 lying southerly of a line normal to Grantor's former Atlantic to Griswold branch line main track centerline located approximately 1,075 feet southwesterly of the East line of said Section 6, as measured along said track centerline; Excluding that part of the Northwest Quarter of said Section 6 lying northerly of a line one hundred feet northerly of and parallel to the 733 it11136 c-3,1 -r (-) N f" rTl ry age 16. of 401 centerline of said main line track), Township 78 North, Range 38 West of the 5th P.M. thence westerly through Sections 1, 2, 3, 4, 5 and 8, Township 78 North, Range 37 West of the 5th P.M. Pottawattamie County, Iowa Thence continuing westerly through Sections 1, 2, 3, 4, 5 and 8, Township 78 North, Range 38 West of the 5th P.M.;thence continuing westerly through Sections I, 12, 11, 10, 9, 18, 17 and 18,Township 78 North, Range 39 West of the 6th P.M.; thence westerly through Sections 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 40 West of the 5th P.M.; thence • westerly through Sections 24, 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 41 West of the 5th P.M.r thence westerly through Sections 24, 23, 28, 27 and 34 to a termination at a line normal to said centerline located 117.3 feet southerly of the North line of said Section 34, as measured along said track centerline,(B.P.S. 25082+08.8, M.P. 475.02), Township 78 North, Range 42 west of the Sth ALSO, Beginning at the Intersection of the centerline of the Grantor's math track and a line normal to said tract centerline located one hundred feet northerly of the east/west centerline of Section 5, as measured along said centerline, (E.P.3. 2587E+15.7, M.P. 488.34), Township 74 North, Range 43 West of the 5th P.M.; thence generally westerly through Sections 5, 8 end 7, Township 74 North, Range 43 West of the 5th P.M.; thence northwesterly through Section 1, Township 74 North, Range 44 West of the 5th P.M.;thence northwesterly through Sections 38 and 35 to a termination at the north/south centerline of !1 said Section 35,(B.P.S. 26412+90),Township 75 North, Range 44 West of the 5th P.M. VOL 733 i':Cf 131 f ,=i n N ::"Cri -0 rr 0 O age 17 of 40) ALSO: All of Grantor's tracks and appurtenances as presently laid out and located within the East Half of the Southwest Quarter of Section 35, being Grantor's two main line tracks and spur tracks 23 and 24, Township 75 North, Range 44 West of the 5th P.M. ALSOi All of Grantor's Interest in his "Joint Riverline" which extends from E.P.S. 26403+40 +36 ILB. located In the Southeast Quarter of Section 35; thence northerly and westerly � through Sections 35, 34 and 33 to a termination at E.O.T. 151+67.5 located In the Northwest Quarter of the Northeast Quarter of said Section 33, Township 75 North, Range 44 West of the 5th P.M. • i SECTION SIX Audubon to Atlantic Audubon Cotr ty,Iowa Beginning at the intersection of the centerline of the Grantor's branch line main track and a line normal to said centerline located 112.5 feet northerly of the east/west centerline of Section 20, as measured along said track centerline, Township 80 North, Range 35 West of the 5th P.M.; thence southerly along said track centerline through Sections 20, 21, 28, 33 and 34, Township 80 North, Range 35 West of the 5th P.M.; thence southerly through Sections 3, 10, 15, 22, 27, 34 and 35, Township 79 North, Range 35 West of the 5th P.M.; thence southerly through Lot 1 of that un-named Fractional Section northerly of Section 5, and through Lot 4, Lot 5 and Lot 12 of that un-named Fractional Section north of Section 4, and southerly through Sections 4, 5, B, 17, 18 and 19, Township 78 North, Range 33 West of the 5th PAL;thence southerly through Sections 24, 25 end 36, Township 78 North, Range 38 West of the 5th P.M. i V L 733 1'4E132 12 I o --4 `1 -� 'm� ► I\) C9 o 1 age 1$ of 40) Cass County, Iowa 'Thence southerly through Sections 1,2, 11, 14, 23, 22, 21, 28,29, 31 and 31,(aciuding all of said Section 31 lying westerly of a line fifty feet westerly of and parallel to said branch line main track centerline), Township 77 North, Range 36 West of the 5th P.M.;thence southerly through the Northwest Quarter of the Northeast Quarter of Section 6 to a termination at the Intersection with the centerline of Grantor's main W. Des Moines to Council Miffs track being at a line normal to said branch line main track centerline located 1,454 feet southerly of the North line of said Section 8,as measured along said branch line main track centerline, ' Township 78 North, Range 38 West of the 5th P.M. I f A f SECTION SEVEN Hancock to Oakland Pottawattamle County,Iowa Beginning at the Intersection of the centerline of the Grantor's former branch line main track and the east/west centerline of Section 6,{E.P.S. 24539+75, M.P. 464.77), Township 79 • North, Range 39 West of the 5th P.M.; thence southerly along Grantor's branch line main track centerline though Sections 8,17,18,19 and 30,Township 76 North, Range 39 West of the 5th P.M.; thence southerly through Sections 25 and 36, to the south line of said Section !' 38(E.P.S. 24794+15,M.P.489.59),Township 76 North, Range 40 West of the 5th P.M. .r3L 733 rlt,E 133 \ • ZZ- 1.77 c ' j s N • _ � :- age 19 of 4(.1) 4t . EXCEPTING AND FTCLUDING THE FOLLOWING DESCRIBED PARCELS OF LAND; 1 I Silvis Yard iParcel 1: The Point of Beginning being on the west line of the East Half of the Southwest Quarter of Section 29, Township 18 North, Range 1 East of the 4th P.M., and that southerly . property line between the C.R.L& P. and Deere dc Company established in an instrument t from C.R_Ldc P. to Deere& Company dated September 22, 1966,said Point of Beginning also ' ii being approximately 950 feet northerly of the south line of said Section 29;thence South 10° { 34' 23" West, 414.81 feet to a point 15 feet north of the North rail of track #170; thence South 79° 25'37^ East along a line parallel with and 15.0 feet distant from said track #170, 24.50 feet;thence South 10°34'23"West 9.40 feet; thence South 79°25'37"East, 61.0 feet; ( , , I thence North 10° 34'231' East, 9.40 feet to a point 15.00 feet north of the North rail of said I track #170; thence South 79° 25' 37" East along a line parallel with and 15.0 feet distant from said track 1170, 826.41 feet; thence North 10° 34' 23" East, 58.00 feat; thence South 79°25'37^East, 135.00 feet;thence South 10°34'23" West, 58.00 feet to a point 15.00 feet j north of the North rail of said track 0170;thence along parallel with and 15.00 feet distant from said track /170 on the following courses and distances; South 79° 25' 37" East, 29.07 feet; southeasterly along the arc of a curve, 158.90 feet, said curve having a radius of f 553.90 feet and a long chord which bears South 71° 12'31" East, 158.36 feet; South 82° 59' i 24" East, 815.58 feet;southeasterly along the arc of a curve,218.44 feet said curve having a radius of 749.58 feet and a long chord which bears South 54° 38' 30" East, 217.69 feet; _ thence South 46°17'35" East,341.02 feet to the point where said line intersects track 0229; ther.ce North 43°42'25"East, 15.00 feet to a point 15.00 feet north of the North rail of said track 0279; thence along, parallel with and 15.00 feet distant from said trees 1229 and #170 on the followirg courses and distances; South 46° 17' 35" East, 101.30 feet; southeasterly along the arc of a curve, 170.79 feet, said curve having a radius of 580.94 feet and a long chord which bears South 54° 42'55"East, 170.17 feet; South 63° 08' 14" East, 348.53 feet to the east line of the Northwest Quarter of the Northeast Quarter of Section 32; thence !VOL 733 i'IEi.4 ' 14 _ . ry -.I, E (-) IV r. f"' M CD Lit I t age 2S) of LO) continuing South 63° 08' 14" East, 250.00 feet; thence South 26° 51' 46" West, 40.00 feet; thence North 63° 08'14^West, 225.27 feet to said east line; thence South 04° 51' 55" East along said line, 34.67 feet;thence North 63° 05'54" West,78.87 feet;thence northwesterly along the aro of a curve, 129.12 feet, said curve having a radius of 452.88 feet and a long chord which bears North 71°15' 59" West, 128.88 feet to a point on a line 15.00 feet distant from and parallel with the Southerly rail of track 1118; thence North 78° 26'04" West along said line, 1646.56 feet to the point of intersection with a line 15.00 feet distant from end 11, parallel with track /119;thence North 87°33' 55' West along said line, 113.83 feet; thence North 02° 26' 05" East, 62.63 feet to a point on a line 12.50 feet southerly of and parallel with the centerline of track 1123; thence North 79° 15' 00" West along said line 2104.81 feet; thence along said line, northwesterly along the aro of a curve 339.54 feet, said curve having a radius of 2499.55 feet and a long chord which bears North 74° 48' 07" West, 389.15 �• feet; thence along said line, northwesterly along the arc of a curve, 305.51 feet,said curve ff having a radius of 698.19 feet and a long chord which bears North 82° 27'45" West, 293.31 I•' feet to a point on a line 12.50 feet distant from and parallel with the centerline of track 1185; thence South 85° 24' 4-4' West along said line, 251.29 feet; thence North 00° 00' 00" West, 224.58 feet; thence South 79° 43' 15" West along the common boundary line between Iowa-Illinois Gas& Electric Ca and the C.R.Ldc P.500 feet;thence North 82°33'39" West along said common boundary 418.58 feet; thence South 75° 6' 00" West 711 feet, more or less, to a line 30 feet easterly of and parallel to the north/south centerline of Section 30; • thence southerly along said Line to a line 12 feet northerly of and parallel to the centerline .i of C.R.L6c P. track #24;thence easterlyalong41 said line approximately 8,842 feet, more or leas, to the west line of the East Half of the Northeast Quarter of Section 32; thence southerly along said west line to a line 15 feet northerly of and parallel to the centerline of the C.R,Lek P. westbound/northerly main track; thence southeasterly along said line approximately 10,759 feet to a line oriented normally to said main track centerline located 927.5 feet southeasterly of the east/west centerline of Section 4, as measured along said I VOL 733 i cf d3 I 15 I N_ C-, . • -�-4L► ' FT I rn N.) y n Lit age 21, of 40) main track centerline, Tbwrship 17 North, Range 1 East of the 4th P.M.; thence normal I northeasterly to a line 40 feet northerly of and parallel to said westbound/north main track centerline; thence easterly along said line to the West Bank of the Rock River; thence • northerly along said bank to the east/west centerline of Section 3; thence westerly along said east/west centerline to a point 479.5 feet northerly of said westbound/northerly main track centerline, as measured normally to said centerline; thence northwesterly and parallel to said track centerline to the north line of Section 4; thence easterly along said north line approximately 84 feet to the east line of Wiershing's First Addition; thence northerly along said Line 422.73 feet; thence North 88° 45' West, more or less,for 152.85 feet;thence South , 25° 15' West, more or less, for approximately 287 feet; thence North 85° 15' West, more or less, for approximatey'40 feet; thence North 30° 15' West, more or less, for 377.4 feet; thence North 74° 30' East, more or less, for 435 feet; thence North 25° 30' East, more or less, for 102.9 feet; thence South 72° 30' West, more or less, for 247.3 feet; thence North 42°45'West, more or less, for 8-45.9 feet;thence North 12° 45'West,more or less, for 801.8 feet; thence North 31° 30' West, more or less, for 440.8 feet, to the Indian boundary Line; thence easterly along said line 550 feet to the north/south centerline of Section 33; thence north along said centerline 1,437.1 feet; thence North 85° 45' West for 2,453.2 feet; thence north parallel to the west line of said Section 33 1,952 feet; thence South 42° 58' West for 438.8 feet; thence northerly end parallel to the east line of Section 12 for 15 feet; thence North 9°39'East for 101.4 feet; thence northerly and parallel with said east line of Section 32 to the north line of said section; thence westerly along said north section line 273 feet, more or less; thence northwesterly 270.24 feet along a circular curve concave to the southwest and the radius of which is 1530.88 feet to the most southerly point of that Tract 2 the C.R_Lc'&P. conveyed to Deere & Company in instrument dated September 22, 1960; thence North 80° 50' 11" West along the southerly line of said Tract 2 for approximately 3,648 feet to a point on said west line of the East Half of the Southeast Quarter of Section 29, being the Point of Beginning; all in the Southeast Quarter of Section 30, the Northeast 18 i VOL 733 • rTl I ' 1��99 CJ C;; ago 22 of •-1 0) Quarter of Section 31, the South Half of Suction 29, the North Half of Section 32, the West Half of Section 33, the Southwest Quarter of the Southeast Quarter of Section 33, Township ; 18 North, Range 1 East of the 4th P.M. and all in the Northeast Quarter of the Northwest Quarter of Section 4, the Northeast Quarter of Section 4 and the West Ralf of Section 3, [ Township 17 North, Range I East of the 4th P.M. i Parcel 2: Commencing at the Intersection of the north line of First Avenue, City of Silvis !1. 1. and the west line of 7th Street,City of Silvis;thence North 10° 38'East along said west line of 7th Street,extended for 140.0 feet to a point on the north line of a recorded alley being i 20 feet in width;thence South 79° 22'East along said north alley line for 722.64 feet to the • Point of Beginning; thence North 10°38'East for 432.95 feet; thence southerly and on a line ' "parallel with the centerline of Grantor's westbound/northerly main track for 455.21 feet; thence normal southerly 282.95 feet; thence normal westerly 200 feet; thence normalii southerly 150 feet; thence normal westerly 255.21 feet to the Point of Beginning;all In the West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 II North. Range 1 East of the 4th P.M. f Parcel 3: Communing at the Intersection of the north line of First Avenue and the west line of 16th Street,as laid out and located in the City of Silvis, Illinois;thence South 79° 2D East for 218.0 feet; thence North 10° 38' East for 504.46 feet to a line 30 feet southerly from and parallel to the centerline of Grantor's southerly/eastbound main track; thence ',' southeasterly along said line South 79° 23'West for 1004.83 feet to the Point of Beginning; thence South IQ° 37' West for 72.5 feet; thence 180 feet along a curve to the left of radius 57.5 feet, and control angle of 180° for an aro distance of 180.83 feet;thence North 10°37' East for 72.5 feet to said line 30 feet southerly of said main track centerline; thence westerly along the last line Intersected 114 feet, more or less, to the Point of Beginning;ell in the Northeast Quarter of Section 32,Township 18 North, Range 1 East of the 4th P.M. ff n. 733 kvA 37 17 ► _' na cn -1 —4 _ I -; — —e.r- . -11 i g ry {i CD age 23 of 40) . . • 4''areel 41 Commencing at the intersection of the west line of Section 33 and a line 17.1 • feet southerly of and parallel to the centerline of Grantor's southerly/eastbound mein track; thence easterly along said line southerly of said centerline for 140.5 feet to the Point of Begin ningl thence South 19° 15' East, more or less, for 476.8 feet; thence North 44° 13' East, more or less, for approximately 150 feet to said line southerly of said main track centerline;thence northwesterly along the last line Intersected fee 435 feet,more or lm, to the Point of Begilntngt all In the Northwest Quarter of Section 33. 'Township 18 North, flange 1 East of the 4th P.M. Parcel 5; The Point of Beginning being the Intersection of the north line of Memory Lane and the east line of Boulevard Avenue, as laid out end located En Carbon Cliff, Illinois; thence westerly along said north line of Memory Lane 83 feet, more or less; thence North 7° 45'West,more or 1eYa5, for 318.3 feet to a line 75 feet, more or leas, westerly of and parallel _ to the centerline of said Boulevard Avenue; thence northerly along a curve to the right, 1 being said line westerly of said Boulevard street centerline, to a line 40 feet southwesterly 1 of and parallel to the centerline of Grantor's southerly/eastbound main track; thence southeasterly along the last line intersected 1413 feet, more or less; thence South 86° 45' West, more or less, for 318.78 feet to the centerline of First Avenue;thence northerly along the last line intersected, es extended, 400 feet, more or less; thence North 33° 45' West, more or less, for approximately 470 feet, to the south line of Section 33; thence westerly along said south line for approximately 270 feet to said east line of Boulevard Avenue, extended northerly; thence southerly along the last line Intersected 319 feet, more or less, to the Point of Beginning; all In the North Half of the North Half of Section 4, Township 17 North, Range 1 East of the 4th P.M. and the Southeast Quarter of the Southwest Quarter of Section 33,Township 18 North, Range 1 East of the 4th P.M. ALSO reserving in favor of the Grantor the following easements; 18 VOL 733 wi l2U {='n ; a.g- 2i1 at 4e) (A) An easement for roadway access acres, the right-of-way herein conveyed extending from the prolongation of the northwesterly line of Parcel 2 herein southerly 90 feet to a line parallel with said prolonged line;said easement to be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad operations; all in the West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 North,Range 1 East of the 4th P.M. . I, (B) An easement for roadway access across the right-of-way conveyed heroin being thirty feet on each side of an existing roadway centerline which is normal to Grantor's 1 westbound/north main track centerline located 944.7 feet eastert'y of the west line of • Section 33, as measured along said track centerline; said easement to be maintained et . Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad - t operations;all in the Southwest Quarter of the Northwest Quarter of Section 33, Township It 18 North, Range 1 East of the 4th P.M. (C) An easement for roadway and utility access being 50 feet on each side of the centerline of Boulevard Avenue as the centerline of said Avenue crosses the right-of-way conveyed herein or as said Avenue centerline is extended across said right-of-way;said easement to . be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad operations;all in the Southeast Quarter of the Southwest Quarter of I � Section 33,Township 18 North, Range 1 East of the 4th P.M. Ij West Liberty Parcel 8, All that part of Section 11 lying northeasterly of a line fifty feet northeasterly ' of and parallel to the centerline of Grantor's E. Des Moines to Davenport main track and lying northerly of a line 1320 feet southerly of and parallel to the east/west centerline of ' said Section 12, all in Township 78 North, Range 4 West of the 5th P.M. .VOL 733 r: 2:39 19 — — �.-._ > - -i , - I - i ) r) r- f i III 1i f . c. r�) 'r o 1 CIi i �— �_ age 2,5 of 40) • • Parcel 7: All of Grantor's interest in its West Liberty to Cedar Rapids right-of-way being southerly of the south line of the North Half of the Southwest Quarter of Section 12, northerly of a line 50 feet northerly of and parallel to the centerline of Grantor's Davenport to E Des Moines main track and westerly of a line 15 feet easterly of and parallel to the centerline of Grantor's West Liberty to Cedar Rapids main track;all In the North Half of the West Half of the South Half of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the 3rd P.M. Parcel 8: All of Grantor's interest In Outlet No. 10 of the City of West Liberty,and all of Grantor's Interest In Grantor's Columbus Junction to Cedar Rapids right-of-way lying easterly of said Outlot No. 10 and lying southerly of a line fifty feet southerly of and • parallel to Grantor's Davenport to E.Des Moines main track centerline;all In the Southwest Quarter of the Southwest Quarter of Section 12, Township 7B North, Range 4 West of the 5th P.M. Parcel 9: All of Grantor's Interest in Lots 1 through 16 Inclusive of Outlet No. 3 of the City of West Liberty, being in the east four hundred feet of the north five hundred feet of the south one thousand four hundred feet of the west one thousand fifty feet of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the 5th P.M. EXHIBIT A continued) Beteg particular descriptions of certain parcels described in general terms above and not within any exclusion to the property conveyed. BUREAU COUNTY,ILLINOIS Sheffield ` Parcel 1: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's eastbound main track and on the east line of Washington Street, produced soutperly; thence northerly along said produced street tine twenty-five feet; thence North 56 West, more or less, for two hundred nineteen feet to the southerly line of North Railroad Street; thence westerly along said southerly street line eight hundred eight feet to the easterly line of that tract conveyed to Continental Oil Company via Instrument dated July 19, 1968; thence normal southerly along said easterly line to said line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last lino intersected to the Point of Beginning; all In the South Belt of the Northeast Quarter of Section t9, Township 16 North, Range 7 East of the Fourth Principal Meridian. )VOL '733 f;L1140 20 r., •• —1 ---4 n r- f'r3 C>1J age 26 of 40) • i • ROCK ISLAND COUNTY, ILLINOIS Rock Island Parcel 2: The Point of Beginning being on a lino thirty-three feet northerly of and parallel • to the P.ast/West centerline of Section 38 and on the Southeast Corner of Lot 7 of Alvin • Hulls Addition to Rock Island; thence northerly along the East line of said Lot 7 to a line eighteen feet southerly of and parallel to the centerline of Grantor's southerly main track; • thence southeasterly along the last line intersected to said line thirty-throe feet northerly of said East/West centerline; thence westerly along the last line intersected to the Point of • Beginning; all in the South Half of the Southwest Quarter of the Northeast Quarter of Section 36, Township 18 North, Range 2 West of the Fourth Principal Meridian. • • SCOTT COUNTY, IOWA Davenport I ' Parcel 3: The Point of Beginning being on the west line of Block 74 and on the north line of the East/West alley of said Block 74; thence easterly along said alley line one hundred fifty feet; thence northwesterly and at an interior angle of 45 to the last-described line to the intersection with said west Block line;thence southerly along said west Block line to the Point of Beginning, all in BIock 74 of LeCaire's Addition to the City of Davenport, in the f! Northwest Quarter of Section 36, Township 78 North, Range 3 East of the Fifth Principal Meridian. • Parcel 4: The Point of Beginning being the intersection of the west line of Division Street and a line fifty feet southerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence easterly along said southerly line two hundred ninety-six feet, more or less;thence southerly and parallel to said west street line fifty-five feet, more or less, to a line twelve feet northerly of and parallel to the centerline of Grantor's Track 41; thence southwesterly along the last line intersected to the northerly prolongation of a line oriented at right angles to said Track 41 centerlirT and located at the westerly end of said Track #1; thence southwesterly on an angle of 45 from the last line intersected to the intersection with a line twelve feet northerly of and parallel to the centerline of Grantor's main Davenport to Muscatine track; thence westerly along the last line intersected to said west line of Division Street; thence northerly along the last line intersected to the Point of Beginning;all In the Southwest Quarter of the Southeast Quarter of Section 27,Township 78 North, Range 3 East of the Fifth Principal Meridian. Walcott Porto] 5: The Point of Beginning being on the North/South centerline of Section 8 and on a line one hundred fifty feet northerly of end parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the westerly line of Main Street, produced southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last line intersected to the easterly line of Henry Street, produced southerly; thence northerly along the last line Intersected to said line one hundred fifty feet northerly of said main track centerline; thence westerly along the last line intersected to the Point of Beginning;all in the South Half of Section 8, Township 78 North, Range 2 East of the Fifth Principal Meridian. { 21 i VOL 733 (11141 c) CI—‹ _ Z --4C) tV frl —0 uI age 27 of 40) • i ' Parcel Be The Point of Beginning being on the centerline of Parker Street, as laid out and located In the Town of Walcott, and on the north line of Block 13, as laid out and located In the Town of Walcott, produced easterly; thence westerly along said northerly Block line to the west line of Lot 2 of said Block; thence southerly along said west Lot line to a line twenty-five feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along the last line Intersected to said Parker Street centerline; thence northerly along the last line intersected to the Point of Beginning; all r in the East Balt of the Southwest Quarter of Section 6, Township 78 North, Range 2 East t of the Fifth Principal Meridian. , CEDAR COUNTY,IOWA i i Durant i r Parcel 7; The Point of Beginning being on the west line of Warren Street and on a line i tiff—y>et northerly of and parallel to the centerline of Grantor's northerly main track; f thence westerly along said line northerly of said centerline to the westerly line of Howard Street; thence normal northerly for one hundred feet; thence normal westerly one hundred sixty feet; thence normal southerly one hundred feet; thence normal westerly to the east line of Clay Street; thence normal southerly to a line twenty-two foot northerly of and I parallel to said main track centerline; thence easterly along the last line Intersected to i the westerly line of Warren Street; thence normal northerly to the Point of Beginning; all f in the South Halt of Section 36, Township 79 North, Range 1 West of the Fifth Principal I Meridian. I MUSCATINE COUNTY,IOWA Wilton Parcel 8; The Point of Beginning being on a line twenty feet northerly of and parallel to the centerline of Grantor's northerly main track and on the east line of Cypress Street; thence easterly along said line northerly of said track centerline to the East/West r centerline of Section 6;thence northerly along the last line intersected to a line fifty feet r northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east line of Cypress Street; thence southerly along the last Ilne Intersected to the Point of Beginning; all in the Southeast Quarter of the Northwest . Quarter of Section 6,Township 78 North, Range 1 West of the Fifth Principal Meridian. Parcel 9e The Point of Beginning being on the westerly line of Chestnut Street and on a line fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the easterly line of Lot 12 of Block 82 extended southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said track centerline; thence easterly along the last line intersected to said westerly line of Chestnut Street; thence northerly along the last line Intersected to the Point of Beginning; all in the Southeast Quarter of Section 1, Township 78 North, Range 2 West and in the Southwest Quarter of Section 6, Township 78 North, Range 1 West of the Fifth Principal Meridian. i !Qt. 733 Ittl l42 22 • r„ v--i --I -< - - .. I�'? ff.) M ("r; CD .1 0 _____ _______- ._ ___.' ___�_ ____,�. .. J age 28 of 40) r I Parcel 10= The Point of Beginning being on the easterly line of Public Road and on a line ten feet southerly of and parallel to the centerline of Grantor's Track #4; thence easterly along the last line intersected to the westerly line of Pine Street, produced northerly; thence southerly along the last line intersected to a line fifty feet southerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along the last line intersected to said easterly line of Public Road; thence northerly along the last line intersected to the Point of Beginning; all in the Northeast Quarter of the Southeast Quarter of Section 1,Township 78 North,Range 2 West of the Fifth Principal Meridian. Atallssa Parcel 11; The Point of Beginning being on the East lino of Oak Street and on a line two • hundred feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along said line northerly of said centerline three hundred five feet;thence normal southerly one hundred fifty feet;thence normal easterly to the west line of Cherry Street; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said track centerline; thence westerly along the last line ' intersected to said east line of Oak Street; thence northerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of the Southwest Quarter of Section 11,Township 78 North, Range 3 West of the Fifth Principal Meridian. Parcel 12: The Point of Beginning being on a line twenty-five feet southerly of and parallel to the centerline of Grantor's northerly main track and on the west line of Cherry Street; thence westerly along said line southerly of said track centerline to the west line of Linn Street, produced northerly; thence southerly along the last line intersected to a line one hundred feet southerly of and parallel to said track centerline; thence easterly along the last line intersected to said west line of Cherry Street; thence northerly along the last line intersected to the Point of E3eginningl atl In the Southeast Quarter of the Southwest Quarter of Section 11, Township 78 North, Range 3 West of the Fifth Principal Meridian. West Liberty Parcel 13i The Point of Beginning being on a lino fifteen feet easterly of and parallel to the centerline of Grantor's Cedar Rapids to Columbus Junction main track and on a line fifteen foot northerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence northerly along said line easterly of said Cedar Rapids to Columbus Junction main track centerline to the westerly extension of the south alley line of Block 4 of Moorehouse Addition to the Town of West Liberty; thence easterly along the last line intersected ono hundred five feet, more or less; thence normal southerly eighty feet, more or less; thence South 36° East, more or 19, for eighty-seven I, feet, more or less, to the north line of Fourth Street; thence South 7 5' West, more or Iess, to a line fifty feet northerly of and parallel to said Davenport to Iowa City northerly main track centerline; thence easterly along the last line intersected to the south line of Fourth Street; thence westerly along the last line intersected to said line fifteen feet northerly of said Davenport to Iowa City northerly main track centerline; thence westerly along the last line Intersected to the Point of Beginning; all track and streets as laid out and located in the City of West Liberty; all In the West Half of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the Fifth Principal Meridian. 23 VOL 733 r,' 1i3 • cp m'r'i y� C s✓ ..- r\)N �y iii • v v1 age 2,9 of 40) • • JOHNSON COUNTY, IOWA Tiffin Parcel 14: The Point of Beginning being on the North/South centerline of Section 28 and on a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence northerly along said North/South centerline one hundred feet; thence easterly and parallel to said track centerline throe hundred feet; thence normal southerly one hundred feet to said line fifty feet northerly of said track centerline; thence westerly along the • last line intersected three hundred feet to the Point of Beginning; all in the North Half of the Southwest Quarter of the Southeast Quarter of Section 28, Township 80 North, Range 7 West of the Fifth Principal Meridian. • IOWA COUNTY,IOWA I Marengo Parcel 15i All of Grantor's Interest in the South Half of the Southeast Quarter of Section Iying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. Parcel 16i All of the Grantor's interest in the South Half of the Southeast Quarter of Section 25 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. Victor Parcel 171 All of Grantor's interest in the South half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the Northwest Quarter of Section 19, lying northerly of a line twenty feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said • Section 18, as measured along said track centerline; Township 80 North, Range 12 West of the Fifth Principal Meridian. Parcel 18: All of Grantor's Interest in the South Half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the Northwest Quarter of Section l9, lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty foot northerly of the south line of said Section 18, as measured along said track centerline; Township 80 North, Range 12 West of the Fifth Principal Meridian. • v9. 733 i:if1r4 24 N ago 30 of 40) • • • POWESIHEK COUNTY, IOWA Brooklyn Parcel 19: MI of Grantor's interest in the West Half of the Northeast Quarter of Section 13, lying northerly of a tine twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying easterly of the easterly line of Clay Street; Township 80 North, Range 13 West of the Fifth Principal Meridian. Parcel 20: All of Grantor's interest In the East half of the Northwest Quarter and the West Halt of the Northeast Quarter of Section 23, lying southerly of a line twenty-five feet southerly of and parallel to the centerine of Grantor's main track, Township 80 North, Range 13 West of the Fifth Principal Meridian. Malcolm Parcel 21: The Point of Beginning being on the west line of Washington Street and on a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; • thence westerly along said line southerly of said track centerline twelve hundred and five feet, more or less; thence normal southwesterly one hundred seventy-five feet; thence southeasterly and parallel with said main track centerline four hundred fifty feet, more or • less, to the westerly line of that property conveyed to Leonard J. Dalton by the Chicago, Rock island and Pacific Railroad Co. via instrument dated February 10, 1969; thence northerly along the last line intersected one hundred fifty feet; thence easterly and parallel with said track centerline three hundred fifteen feet) thence normal southerly ono hundred fifty feet; thence southeasterly and parallel with said track centerline five hundred fifty feet, more or less, to said west line of Washington Street; thence northerly along the last line intersected to the Point of Beginning; all in the South Half of the Southeast Quarter of Section 26, 'lbwnship 80 North, Range 15 West of the Fifth Principal Meridian. Grinnell Parcel 22: All of Grantor's interest in Lots 4, S, and 6 of Block 19 of the Town of Grinnell Iying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; in the West Halt of the Southeast Quarter of the Northwest Quarter of Section 16, Township 80 North, Range 16 West of the Fifth Principal Meridian. JASPER COUNTY, IOWA Kellogg Parcel 23: The Point of Beginning being on the easterly line of High Street and on a line two hundred feet northerly of and parallel to the centerline of Grantor's original main track; thence southerly one hundred seventy-five feet along said easterly street line produced to a line twenty-five feet northerly of and parallel to the centerline of Grantor's current main track: thence westerly and parallel with said current main track centerline to the easterly line of West Street, produced southerly; thence northerly along the last line intersected to said lino two hundred feet northerly of said original main track 1 centerline; thence easterly along the last line Intersected to the Point of Beginning; a 96 !vol 733 tacc145 C.", CD • -i awv C' N — r- ' �fnl1 6 " CD 9� age 3]. of 40) • ALSO: An easement far buildings and other structures, which extend southerly of that • line being twenty-five feet northerly of and parallel to said current main track centerline, said buildings end other structures not to be repaired or replaced if substantially damaged or destroyed; all streets and track being as laid out or monumented in the Jasper City Addition and Blair's First Addition to the Town of Kellogg; all in the North Half of the Northeast Quarter of Section 28, Township 80 North, Range 18 West of the Fifth Principal Meridian. Newton Parcel 24, The Point of Beginning being on the southerly line of North 8th Avenue and on a line fifty feet northerly of and parallel to the centerline of Grantor's track; thence westerly along said southerly avenue line one hundred ninety-five feet, more or less, to the easterly line of 1st Street North; thence southerly along said easterly street line one hundred fifty feet, more or less, to a line twenty-one and five-tenths feet northerly of and parallel to said main track centerline; thence northeasterly along the last line intersected to said southerly line of North 8th Avenue; thence westerly along the last line intersected to the Point of Beginning; ALSO, an easement for existing buildings and other structures ' which extend southerly of said line being twenty-one and five-tenths feet northerly of and parallel to said main track centerline, said buildings and other structures not be to repaired or replaced if substantially damaged or destroyed; all in the South Half of the Southwest Quarter of Section 27, Township 80 North, Range I9 West of the Fifth Principal Meridian. PareeI 25, All of Grantor's interest in the West Half of the Southwest Quarter of the 8outhwest Quarter of Section 27 lying northerly of a Line ten feet northerly of and parallel to the centerline of Grantor's Track 114; Township 80 North, Range 19 West of the Fifth Principal Meridian. PO[K COUNTY, IOWA Altoona Parcel 28: All of Grantor's interest in the north eight hundred feet of the East Half of the Southeast Quarter of Section 13 lying northerly of the southerly line of Second Street, westerly of the westerly line of Main Street, easterly of a line throe hundred fifty fent easterly of and parallel to the west line of said East Half of said Southeast Quarter, and southerly of a line thirty feet southerly of and parallel to the centerline of Grantor's main track;Township 79 North, Range 23 West of the Fifth Principal Meridian. 4 , 28 VOL 733 WI 146 �s C- r, f— ` (tel 7 1 + Y L. N J C7 Ci' age 3,2 of 40) L I ' DALLAS COUNTY,IOWA DeSoto Parcel 27: All of Grantor's Interst in the East Half of the Northwest Quarter of Section 30 lying northerly of a line fifty feet northerly of and parallel to the centerline of • Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. Parcel 28: All of Grantor's interest in the East Half of the Northwest Quarter of Section 30 lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. MADISON COUNTY,IOWA Ear;ham Parcel 29t The Point of Beginning being on the west line of Section 6 and on a line twenty feet southerly of end parallel to the centerline of Grantor's main track; thence southeasterly along said line southerly of said main track centerline to the westerly line of Chestnut Street extended northerly; thence southerly along said street lino to a line fifty feet southerly of and parallel to said main track centerline; thence northwesterly along the last line intersected to a line fifty-three feet easterly of and parallel to the easterly tine of Locust Street; thence southerly along the last line intersected approxi- mately one hundred fifty feet to the northerly line of Lot 11, Block 16; thence westerly along said lot line to said easterly litre of Locust Street;thence northerly along said street line to a line one hundred fifty feet southerly of and parallel to said main track centerline; thence westerly along the last line intersected to the westerly line of Locust Street; thence northerly along said street line to said line fifty feet southerly of said track centerline; thence westerly along the last line Intersected to said west line of Section 6; thence northerly along said west line to the Point of Beginning; all in the Southwest Quarter of the Southwest Quarter of Section 8, Township 77 North, Range 28 West of the Fifth Principal Meridian. 1 Parcel 30: All of Grantor's Interest in the South Half of the Southeast Quarter of the Southwest Quarter lying northerly of a tine twenty-five feet northerly of and parallel to the centerline of Grantor's main track, lying easterly of the easterly Line of Sycamore Street and westerly of the westerly line of Maple Street; Township 77 North, Range 28 West of the Fifth Principal Meridian. DALLAS COUNTY, IOWA Dexter Parcel 31, All of Grantor's interest in the Northeast Quarter of Section 31 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Clark Street extended southerly and lying westerly of the westerly line of Lyon Street,extended southerly;Township 78 North, Range 29 West of the Fifth Principal Meridian. Parcel 32: All of Grantor's interest in the East Half of the East Half of the Northeast Quarter of Section 31 lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track, lying westerly of the westerly line of Warren 27 ;VOL 733 h if 147 lIi r~, Q _ O • 1 IV CD I age 33 Cr 40} • • Street and lying easterly of a line one hundred twenty feet westerly of said westerly line of Warren Street;Township 78 North,Range 29 West of the Fifth Principal Meridian. ADAIR COUNTY, IOWA Stuart Parcel 33: All of Grantor's interest in the North Half of the Northwest Quarter of the Northeast Quarter of Section 5,lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Adams Street produced and lying westerly of the westerly line of Park Street produced; Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 34: All of Grantor's Interest in the North Half of tho Northeast Quarter of the Northeast Quarter of Section 5, lying northerly of a line fifteen feet northerly of and parallel to the centerline of Grantor's main track, lying easterly of the easterly line of • Western Street produced northerly, lying westerly of the easterly line of Harrison Street produced and lying southerly of Front Street; Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 35: All of Grantor's interest in the east six hundred feet of the North Half of the Northeast Quarter of the Northwest Quarter of Section 4 lying northerly of a line twenty- five feet northerly of and parallel to the centerline of Grantor's main track;Township 77 North, Range 30 West of the Fifth Principal Meridian. GUTHRIE COUNTY, IOWA Menlo Parcel 38: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Adair Street; thence northerly along said westerly street line to a line one hundred fifty feet northerly of and parallel to said main track centerline; thence westerly along the last line intersected twelve hundred forty-five feet, more or less, to the southeasterly line of that property the Chicago, Rock Island and Pacific R.R. Co, conveyed to Menlo Elevator Company via instrument dated November 15, 1987; thence normal southwesterly along said southeasterly line to said line twenty-five feet northerly of said centerline; thence southeasterly along the last line Intersected to the Point of Beginning; ALSO: An easement for buildings and other structures which extend southerly past said line twenty- five feet northerly of and parallel to said main track centerline, said buildings or other structures not to be repaired or replaced if substantially damaged or destroyed; all in the South Half of Section 27, Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 37: All of Grantor's interest in the Southwest Quarter of the Southeast Quarter of Section 27 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track lying westerly of the westerly line of Adair Street and lying easterly of the easterly line of Sherman Street; Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 38: All of Grantor's Interest In the East Half of the Southwest Quarter of Section 27 lying easterly of the east line of Sheridan Street, lying westerly of the west line of 28 (VOL 733 t](148 • I r.s O )cln O e., a C`) 7 —4 . el - —11 in fl t== rs? 0' ago 34 of 4U) I . Sherman Street and lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 31 West of the Fifth Principal Meridian. • Casey Parcel 39: All of Grantor's interest in the South Half of the Southwest Quarter of the Southeast Quarter of Section 34 and all of Grantor's interest in the East one hundred feet of the East Half of the Southeast Quarter of the Southwest Quarter of Section 34, both I� lying easterly of the easterly line of McPherson Street, lying southerly of a line twenty- five feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of the westerly line of Russell Street;Township 78 North, Range 32 West of the Fifth Principal Meridian. fL CASS COUNTY, IOWA Anita .• , Parcel 40: All of Grantor's interest In the east one thou9and feet of the Northeast Quarter of the Northeast Quarter lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track;Township 77 North, Range 34 West of • the Fifth Principal Meridian. Wiota Parcel 41: All of Grantor's interest In the Northwest Quarter of Section 9 lying northwesterly of a lino twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying northeasterly of the northeasterly line of Front Street,as laid out and located In the Town of Wlota,Township 76 North, Range 35 West of the Fifth Principal Meridian. Parcel 42: All of Grantor's interest in the South Half of the Northeast Quarter of the Northwest Quarter of Section 9 lying southeasterly of a line twenty-five foot south- easterly of and parallel to the centerline of Grantor's main track, lying southwesterly of the southwesterly line of East Street, lying northwesterly of the northwest line of Main Street and lying northeasterly of a line one hundred twenty feet southwesterly of and parallel to said southwesterly line of East Street;Township 76 North, Range 35 West of the Fifth Principal Meridian. Atlantic Parcel 43: All of Grantor's interest In the Northwest Quarter of the Southwest Quarter • and the Southwest Quarter of the Northwest Quarter of Section 5, both lying easterly of the easterly alley line of Block 78 of the Town of Atlantic and lying westerly of a line fifteen feet westerly of and parallel to the centerline of Grantor's Track 625;Township 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 44: All of Grantor's interest in the Northeast Quarter of the Southwest Quarter of $ectlon S lying easterly of the westerly line of Poplar Street produced northerly,lying westerly of the westerly line of Chestnut Street, lying northerly of a line two hundred 1 i 18 733 Pa-a htE149 tt rV C7 c- c —4 4 c)--< �..� -i rn i a age .35 of 40) { . feet southerly of and parallel to the centerline of Grantor's main track and lying southerly • of a Line ten feet southerly of and parallel to the centerline of Grantor's Track 18; Township 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 45: All of Grantor's Interest in the West Half of the Northeast Quarter of the Southeast Quarter of Section 5 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Linn Street, produced northerly, and lying westerly of the east line of Oak Street; Township 76 North, Range 38 West of the Fifth Principal Meridian. Parcel 46: The Point of Beginning being on the centerline of Linn Street, produced northerly and on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said main track centerline one hundred thirty feet, more or less;thence normal southerly one hundred fifty feet, more or less, to a lino ten feet northerly of and parallel to the centerline of Grantor's Track #13; thence easterly and parallel to said Track 913 centerline approximately one hundred sixty-five feet to said produced street centerline; thence northerly along said street centerline to the Point of Beginning; all in the Northeast Quarter of the Southeast { Quarter of Section 5,Township 76 North, Range 38 West of the Fifth Principal Meridian. Parcel 47: The Point of Beginning being on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Maple Street, produced northerly; thence easterly parallel to said track centerline one hundred seventy-five feet, more or lass, to the southeast corner of that certain Commercial • Street, Lot 25;thence normal southerly one hundred forty feet, more or less, to a line tee feet northerly of and parallel to the centerline of Grantor's Track 913;thence North 70 West, more or less,for approximately one hundred seventy feet to said west line of Maple Street,produced northerly; thence northerly along the lest line Intersected to the Point of Beginning,all In the Northwest Quarter of the Southeast Quarter of Section 5, Township 76 North, Rango 36 West of the Fifth Prinotpal Meridian. Parcel 48: The Point of Beginning being on the northerly line of Commerce Street and on the East/West centerline of Section 5; thence westerly forty feet, more or less, to the southwest corner of Let 43; thence northerly along the west line of Lot 48, produced northerly, six hundred feet; thence easterly parallel with said street line three hundred sixty-eight feet; thence southerly and parallel with said west line of Lot 48, six hundred feet to said northerly street line; thence westerly along said street line to the Point of Beginning; all In the Southwest Quarter of the Northeast Quarter of Section 5 and the north one hundred feet of the Northwest Quarter of the Southeast Quarter of Section 5, Township 76 North, Range 36 West of the Fifth Principal Meridian. POTTAWATTOMIE COUNTY, IOWA Council Bluffs Parcel 49: All of Grantor's interest in the Southwest Quarter of Section 36 lying easterly of the easterly line of 8th Street, lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and tying westerly of a line one hundred fifty feet, more or less, easterly of and parallel to the easterly line of 7th Street;Township 75 North, Range 44 West of the Fifth Principal Meridian. Parcel 50: The Point of Beginning being on the East line of Section 1, Township 74 North, Range 44 West of the Fifth Principal Meridian at a point three hundred ninety-five 30 ,Vi' 733 1-.:LE 150 � (=:$ e p - ! iNJ -r- CD age ol.- 4'.l) �"- - - - - - — 2.1 .f feet, more or less, southerly of the East/West centerline of said Section 1; thence southerly along said east Section tine ninety-five feet, more or les ;thence North 51 15' East, more or less, for sixty feet, more or less; thence South 38 45'East, more or less, for five hundred and fifty-five feet,more or less;thence normal southwesterly forty feet, more or less, to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's ya.-d ladder track; thence northwesterly along said line to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's Track #5; thence northwesterly along the last line intersected to a line approximately one hundred seventy feet northerly of and parallel to said East/West centerline of Section 1; thence easterly aleng the last line Intersected two hundred twenty-five feet, more or less; thence South 38 45' East, more or less, for approximately 731. feet to the Point of Beginning;all in the South Half of the Southeast Quarter of the Northeast Quarter of Sootlon 1 and the East Half of the Northeast Quarter of the Southeast Quarter of Section 1, Township 74 North, Range 44 West of the Fifth Principal Meridian and in the West Half of the Northwest Quarter of the Northwest Quarter of Section 8, Township 74 North, Range 43 West of the Fifth Principal Meridian. Parcel 51: The Point of Beginning being the Northeast corner of the Northwest Quarter • • of Section 7; thence southerly along the east line of laid Northwest Quarter approxi- mately three hundred thirty-five feet; thence South 50 0' East, more or less, for nine hundred ninety feet to a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said track centerline nine hundred twenty-four feet, more or less, to a line fifteen feet northerly of and parallel to the centerline of Track #14; thence northwesterly along the last line intersected to a line which travels northwesterly along a series of lines being fifteen feet northeasterly of and parallel to the centerlines of Tracks #14, #27, #28, and #24 to the north line of said ;• Northwest Quarter; thence easterly along said north line one hundred twenty feet, more or less, to the west line of Lot 18 of Mallet's Subdivision In Auditors Subdivision of Lot 5; thence northerly along said west lot lino approximately five hundred ninety-two feet to the centerline of South Avenue; thence southeasterly along said street centerline approximately two hundred seventy-five feet to the easterly line of Lot 15 of said enbdlvision; thence southerly along said easterly lot line approximately one hundred eighty-five feet to a line one hundred sixty feet southerly of and parallel to said South Avenue centerline; thence southeasterly along the last line intersected to the easterly line of Lot 14 of said subdivision; thence southerly along said easterly lot line to said north line of said Northwest Quarter; thence easterly along said north line approximately two hundred forty-five feet, to the Point of Beginning; all In theNortheast Quarter of the Northwest Quarter of Section 7, the Northwest Quarter off e Northeast Quarter of Section 7 and the Southeast Quarter of the Southwest Quarter of Section 8, Township 74 North, Range 43 West of the Fifth Principal Meridian. JASPER COUNTY, IOWA Monroe Parcel 52: All of Grantor's interest in Lots 1, 2, 3, 4, 7,and 8 of Block 17 of the Original 'own of Monroe lying northeasterly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; AL40: an easement for existing buildings and other structures which extend southwesterly of said line northeasterly of said track centerline, said buildings and other structures not to be repaired or rebuilt if substantially damaged or destroyed; all In the Northeast Quarter of the Northeast Quarter of Section 38, Township 78 North, Range 20 West of the Fifth Principal Meridian. I ; 7331;�E 151 vol. 31 , _ _ r C.7 C.) rr c.) = ni rn U age 37 of 40) �_ ___ _ _ __-• — Parcel 53r All of Grantor's Interest in Lots 1, 2, 3, and 4 of Block 23 of the Original 'town of Monroe lying northeasterly of a line twenty-five feet northeasterly of and parallel to the centerline of Grantor's main track; all In the Northeast Quarter of the Northeast Quarter of Section 38,Township 78 North, Range 20 West of the Fifth Principal Meridian. • Parcel 54: All of Grantor's Interest in Blocks 24, 25, and 29 of the Original Town of Monroe;all In the Northeast Quarter of the Northeast Quarter of Section 36, Township 78 North, Range 20 West of the Fifth Principal Meridian and In the Northwest Quarter of the Northwest Quarter of Section 31, Township 78 North, Range 19 West of the Fifth Principal Meridian. Parcel 55: All of Grantor's interest In Lots 3 and 4 of Block 31 of the Original Town of • Monroe lying southwesterly of a line twenty-five feet southwesterly of and parallel to the centerline of Grantor's main track; all in the Northeast Quarter of the Northeast Quarter of Section 38,Township 78 North, Range 20 West of the Fifth Principal Meridian. MARION COUNTY,IOWA Otley Parcel 56: All of Grantor's interest in the West three hundred feet of the North seven hundred feet of the Northeast Quarter of Section 22 Lying southwesterly of a line fifty feet southwesterly of and parallel to the centerline of Grantor's main track and lying northwesterly of the centerline of Keystone Street; all In Township 77 North, Range 19 West of the Fifth Principal Meridian. Pella , Parcel 57: All of Grantor's interest In the West Half of the West Half of the West Half i o tZ he Southeast Quarter of Section 11 and all of Grantor's interest in the East fifty feet ! of the East Half of the East Half of the East Half of the Southeast Quarter of Section 10, both lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line one hundred sixty feet easterly of and parallel to the West line of said Southwest Quarter of Section 11; Township 76 North, Range 18 West of the Fifth Principal Meridian. AUDUBON COUNTY,IOWA Brayton Parcel 58: All of Grantor's interest in the Northeast Quarter of the Northwest Quarter of Section 19 and the Northwest Quarter of the Northeast Quarter of Section 19, both lying northerly of the North line of Main Street and lying northwesterly of a line twenty- . five feet northwesterly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 35 West of the Fifth Principal Meridian. !VOL 733 mE.I.52 � t 32 N `rn CD age 38 of 40) t , . 1 Extra li Parcel 59: The Point of Beginning being on the North line of Section 4 and on a line Ij twenty-five feet easterly of and parallel to the centerline of Grantor's main track; thence U northerly and parallel to said main track centerline to a line normal to said track ffPP centerline located fifteen hundred feet northerly of said North line of Section 4, as measured along said track centerline; thence westerly along the last line intersected one l hundred twenty-five feet; thence southerly and parallel to said main track centerline to i said North line of Section 4; thence easterly along said North line to the Point of Beginning; all in Lots 4 and 8 of that un-named section north of Section 4, Township 78 { North, Range 35 West of the Fifth Principal Meridian. • Parcel 60: The Point of Beginning being on a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track and a line normal to said main track centerline located fifteen hundred feet northerly of the North line of Se0tlon 4, as measured along said track centerline; thence easterly one hundred twenty-five feet along • said line normal to said track centerline; thence southerly and parallel to said track centerline to the southerly line of Third Street, extended westerly; thence westerly along ' said extended street line to said line twenty-five feet easterly of said track centerline; I thence northerly and parallel with said track centerline to the Point of Beginning;all in Lots 8, 11,and 12 of that un-nerned section north of Section 4, Township 78 North, Range 35 West of the Fifth Principal Meridian. , Audubon ' ParceI 81: AU of Grantor's interest In the east two hundred feet of the North Half of i. the Southeast Quarter of Section 20 and the West Half of the Southwest Quarter of Section 21, both lying westerly of a line twenty-five feet westerly of and parallel to the °main ine of Grantor's renin track and lying northerly of the northerly line of firondwny Street, produced westerly; Township 80 North, Range 35 West of the Fifth Principal j Meridian. Parcel 62: All of Grantor's interest In the West Half of the Southwest Quarter of Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track and lying northerly of the northerly line of Broadway Street; ALSO, en easement for buildings and other structures which extend southwesterly past said line easterly of said track centerline, said buildings and other structures not to be repaired or replaced If substantially damaged or destroyed; Township 80 North, Range 35 West of the Fifth Principal Meridian. , • Parcel 63: All of Grantor's interest in the Southwest Quarter of the Southwest Quarter of Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track, lying northerly of the northerly line of South Street and lying southerly of a line two hundred fifty feet southerly of and parallel to the southerly line of Broadway Street; Township 80 North, Range 35 West of the Fifth Principal Meridian. Parcel 84: All of Grantor's interest in the North eight hundred feet of the North Half of the Northwest Quarter of Section 28 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track;Township 80 North, Range 35 West of the Fifth Principal Meridian. ,vaL 73 3 twi.153 33 . GM CD .. C' --3-1 y-1 ---1 ! --I L"7 (U 2 {I -< --0 iil - . N o vl _ _____tt:_ age 39 of 40) . i • EXHIBIT A (continued Being a description of certain properties including a railroad track,and including all rails, switches, frogs, ties, plates, spikes, ballast, sub-ballast and other appurtenances thereto. beginning near the Town of Bureau in the Northwest Quarter of Section 7, Township 15 North, Range 10 East of the 4th P.M.and terminating in the Southwest Quarter of Section 3, Township 17 North, Range 1 East of the 4th P.M. near the Town of Silvis as the centerline of said track is more particularly described below; Ilureau County Illinois Beginning at the intersection of the centerline of the Grantor's northerly main track and a { line normal to said track centerline located 134 feet northerly of the East/West centerline f of Section 7, as measured along said track centerline (E-P.S. 8108+44, M.P. 115.64); t thence westerly through said Section 7, Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M.;thence westerly through Sections 12, 1, 11, 10, 9, 8, 17, 18 and 7,Township 15 North, Range 9 East of the 4th P.M.; thence continuing westerly through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sectloas 36, 35, 34, 26, 27, 28, 21, 20 and 19, Township 18 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 24, 23, 22, 21, 20 and 10, Township 16 North, Range 7 East of the 4th P.M.; thenen continuing westerly through Sections 24, 23, 14, 16, 10, 17, 8 and 7, Township 10 North, Range 6 East of the 4th P.M.; Henry County,Illinois 'Thence continuing westerly along said main track centerline through Sections 12,11,2,3,4, 5 and 6, Township 16 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range 5 East of the 4th P.M.; thence continuing westerly through Sections 38, 35, 34,27, 28, 29 and 30,Township 17 North, Range 4 East of the 4th P.M.;thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through Sections 13, 14, 11, 10, 9,8 and 7, Township 17 North, Range 2 East of the 4th P.M.;thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, Illinois,Township 17 North, Range 1 Fast of the 4th P.M.; Rock Island County, Illinois Beginning at the intersection of the Grantor's northerly main track centerline and the Easterly line of Rock Island County; thence westerly along said track centerline, through Section 3 to a termination at a line normal to said centerline located 646.5 feet southerly of the north line of Section 4,as measured along said track centerline,(F-P.S. 9029+82, M.P. 171.03),Township 17 North, Range 1 East of the 4th P.M. Scott County, Iowa beginning at the Intersection of the centerline of the Grantor's Davenport to Iowa City westbound(northerly)main track and a line oriented at right angles to said track centerline located 450 feet, more or less, westerly of the westerly line of Filmore Street,produced northerly,as measured along said track centerline (M.P. 183.84, E.P.S. 9710+00), as located in the South Half of the Southeast Quarter of Section 27, Township 78 North, Range 3 East of the 5th P.M.; thence westerly along said Davenport to Iowa City westbound(northerly) main track centerline through said Section 27 and through Sections 22, 21, 18, 17,18 and 7; all in Township 78 North, Range 3 East of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 10, 9, 4, 5 and 6, to the westerly line of Scott County, Township 78 North, Range 2 East of the 5th P.M. • I V01.- 733 i• E154 34 L2 ES y'omma - -i -.I IV u L. age '40 ot. 40) 1:00:3^L's) '';.1 Muscatine County,Iowa beginning at the intersection of the centerline of said westbound(northerly) main track and the East line of Muscatine County,being also the East line of Section 1, Township 78 North, Range 1 East of the 5th P.M.; thence westerly along said centerline through said Section 1 and through Sections 2, 3, 4, 5 and 8, Township 78 North, Range 1 East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th P.M.(being in Scott County);thence continuing westerly through Sections 38, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M.(being in Cedar County);thence continuing westerly through Sections 4, 5 and 8, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1, 4, 11, 10, 9, 8, 5 and 8, Township 78 North, Range 2 West of the 5th P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 18, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.;thence continuing westerly through Sections 13 and 12 to a line oriented normally to said centerline located 439 feet northerly of the southerly line of Section 17 (&P.& 11880+78, M.P. 220.78) Township 78 North,Range 4 West of the 5th P.M. • I II , 1 � WI, 733 r. 1155 35 CD -i .- 4 =a c) ry n • �l d • . ri . . • a • Transfer Fee 00114 • Recording Fee� FILES-NO, Total nv BIIfDDR_�44_PAGE ! ' 1985 JUL-2 QM 9:47 QUITCLAIM DEED e R€cpRDEit ..mtiN5011 C0..la NA KNOW ALL MEN BY THESE PRESENTS That CHICAGO PACIFIC CORPORATION,a Delaware corporation, whose principal place of business is 200 South Michigan Avenue,Chicago,Illinois 60604("Grantor"), in consideration of the sum of TEN DOLLARS(410.00)and other good and valuable consideration,the receipt whereof Is hereby acknowledged,does hereby QUITCLAIM,subject to the terms,conditions,reservations and exceptions hereinafter set forth,unto HAWKEY'S LA)8D COMPANY,an Iowa corporation, whose address is P.O.Box 5399,Cedar Rapids,Iowa 52406,herein designated as"Grantee," all of Grantor's right,title and Interest,estate,claim and demand,if any,In the following described parcel of land situated in the Cot ttty'of Joon,State of Iowa,to wit: A strip of land of varying widths constituting the former line of railroad of the Chicago, Rock Island and Pacific Railroad Company, (Grentor's predecessor in title) and esnniated station grounds, yards, depots, stock pert, coaling and watering sites and borrow pits of Grantor's predecessor es same are evidenced, monumented and located through the following areas: Beginning at the intersection of the centerline of the Grantor's former !nein track and the Easterly Iine of Johnson County,Iowa,being also the East line of Section 25, Township 80 North, Range 5 West; thence continuing Northerly itrough said Section 25 and through Section 26, the Northeast Quarter of the Northeast Quarter of Section 27,Sections 22, 21, 16, 9, 4 and 5,Township 80 North, Range 5 West; thence continuing Northerly through Sections 32, 31 and 30, Township 81 North, Range 5 West; thence continuing Northerly through Sections 25,24, 23, 22, 15, 16,9,4 and 5 to a Termination of the North line of Section 5,being also the Northerly line of Johnson County, Iowa,Township 81 North,Range 6 West. AND Beginning at the intersection of the centerline of the Grantor's former main track and the East tine of Section 25,Towdship.79 North,Range 5 West, being the Easterly line of Johnson County,Iowa;thence Westerly through Sections 25, 26,27,28,29,20 and 19,Township 78 North,Range 5 West,continuing Westerly through Sections 24, 13, 14, 15, 16,9,8,5 and 6,Township 79 North, Range 6 • West; thence Westerly tt0'ongh Section 1,Township 79 North, Range 7 West; thence iVesterly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 North,Range 7 Westhe ce We terl riw. l Centi nw 95 9.1 23 99 91,9n 17, 18 and 7,Township 80 North,Range 8 West. • til AND O Beginning at the Intersection of the Grantors former main track centerline and the South line of Johnson County,dowa, being the South line of Section 34, Yom „I Township 78 North,Range 6 West;thebee Northerly through Sections 34,27,22, s.. 15, 10 and 3, Township 78 North, Range 6 West; thence Northerly through - Sections 34, 33, 28, 24, 22, 15,19, 11,14 and 13,Township 79 North,Range 6 -..(f 7 r West; thence Easterly through 8eOH4tas 18, 7, 8, 5 and 4, Township 79 North, Range 5 West; thence Northerly through Sections 33, 34, 27 and 22, to a Drn Termination at the intersection with Grantor's former Elmira to Iowa Junction w main track Centerline ih the South Half of Section 22,Township 80 North,Range 5 West. - (`,) ' REAL ESTATE TRANSFER TAX PAID C7 rr�� ry 1 ANnn• 3 778 PitE311 $ . gr . Imo. a, ' .'.ER EXHIBIT 58 FILED 2U11 0 C1 12 RI 2: 06 CITY CLERK IOWA CITY, IO WA } Gk| )wf- 41_«t . )§ {J/ ¢.6/a E' \ R©§ ....,.k§....§£§....f.....„0,...........,..„1 4PV )E2ER mm«§ V3ao $j©® § ~ � @ \4\72 = e 043, 7& )/ cc u§» ! ^ k %9)]\# / ,,...............0. .,•6...... ....m...•1•...0- . = J � _ . \ .� ^ \# w£ j °m|#452\26 ; 0»)$ ®§l]. 3#;g. 4 ILED • 2011 OCT 12 PES 2: 06 CITY CLERK 10';`1\ CiY► I0l f v C N h b b W r O M O N.+W M r W O N W O I M C.b W O r W W W M N.N.y b W WOW.y N M W V•M N N O W t N r b ti N V CNN.-�N H��yyNNWMMNON<'�+�.b.yNNrNW W W Nb W M WMN W V W W t�r.��rV TVWWrN�p W W W ONC W MW W 6NN b bNNN1l)NNV.+ r N.r..�r.r.rN V NNN V rNrr. rNN .� H rd.+N N.1rM NNN N MrN.+MM Q M � O oW W M N r W O W W W 0 O V tom•l.•P-F T F N W W W W W W 00 W W O V O V N N V O O .-I C e C O O W N 0 0 0 0 0 0 V 0 W O O t`N N 0 W rNMMNr----- .ti ti.r.W V�"�NNNNNWNV VMCW{�P V•V tiW.^.W V V W-I W W rW.y0 W W r.yN .y.r r N W r-r..1 sY W 20110CT 12 PH 2: 06 CITY CLERI( IOWA CITY, 10VA LN NMS W 01 v1NQMfOF T.�m.-+OIF rah W Nmp1F�UfNF!'Nm Qpm NMN W OMfpNN W.-IWl` �Nm.-1timO�OpNNu'.fpmhd.yF O VieM mN.tihF mMd .Fm.y ... NmN mOmCDW�"^ �d WNm'MMOMOm�mm W OOO Nm FdV'd V4NJf V1 MM !N N tiN.+im� .........Q! p M.+N�rNd N �V!N d ! dMdr1 r-ftitirl SIN w+ G I"4 xl Q NNWMmpm mO1.Q.tiF N O W.yO ANN O+N QNh NhNNM N MNMOm NMm NMNNNNN N NNNNNMOF F F F F F F F p mmm WFiNNNNlti ryQMm ChM'+ W mh{D�dY�lu'�mdQlhh hhhhmd QFl Qddd QQQQQdQddlAd!!lQpp! FILED _____ __ . ._ 20.11 OCT 12 PM 2: 06 CITY CLERK IOWA CITY, IOWA gV W Cy LV 9 i O N L 00 O Tti V N- V W nONIO NOONW0 DU -Nt�. 0DhNN. h0m0NOWO 'NOMI. . .NM0NMWOON N0 V M V. M M V V N V NMMNMMNM V M m.-.0 V.D NMN.ION..V — �U ., C. 2151 N `alit Ni .02 lO e5 S S X rpt O V•h h O 00 h h h h h tF M F h h h h M 'M QI tO M M M M M O M N N V'Jf M to N V'V.R t.(r N N V O M ao O Oti'NnNMV_V V V.........V VNV.V V a.V.r V.OWMVOVM V' MW MVMh VN C MI O V 8 mg - .- W, 9 V V O E 2 C g 2 E The Grantor further reserves unto itself, its successors,grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means,except by railroad,including but not limited to,pipeline,telephone,radio, radar or laser transmission systems wire,fibers, conduits,utility and energy transmission lines of every kind and character together with all necessary supporting devices which may be constructed,erected or installed in,on,under,above,across and along any portion of the premises lying within fifty(50) feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re-erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably Interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever, whether or not exercised, unless expressly relinquished in writing by the Grantor,Its successors or assigns. The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3)miles in length in,on,under,above,across and long the property herein described and Grantee shall retain all rights as provided herein for those distances of less than three (3) miles in length. For the purpose of calculating mileage, the three(3)mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such line may extend into the next contiguous county and Is not limited to the property herein described. Notwithstanding any other provision of this Instrument,the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described. 1,3 O C-3 © ` This conveyance is made pursuant to the terms of a Purchase Agreement dated April 29,1985,and the terms thereof shall survive delivery of this Quitclaim Deed. n --1n N cp 118 t 2 00191 p 6 Gl 63 • • • • IN WITj:__k..) WHHEREOF, this instrument Is executed by the Grantor this ff3. dayof ,1985. ATTEST: CHICAGO PACIFIC CORPORATION • Se tart' - A. teven Crown,Vice President t�J V013ty s STATE OF ILLINOIS ) ) SS COUNTY OF COOK I,the undersigned,a Notary Public,in and for the County and State aforesaid,do hereby certify that A.STEVEN CROWN,personally known to me to be the Vice President of C ICAGO PACIFIC CORPORATION, a Delaware corporation, •and personally known to me to be the ,(24:ia t. Se retarf of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument,apt);ared before me this day in person and acknowledged that as such Vice President and �• Secretary they signed and delivered the said instrument as Vice President an. Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth_ nl USI Given under my hand and seal this /a day of ‘i ,1985. A,VP•'S� � tvs‘ l`"tl4 ryP, My Commission Expires: /917 n=a —I �-� — �-- eu;Y 778 Puf 3.3 --►c z r,: rn -0 C o N 0 aw 7 > p 64 V4pc.? 11017 23 DEED OF RELEASE KNOW ALL MEN BY THESE PRESENTS: That CHICAGO PACIFIC " s CORPORATION, a Delaware Corporation, whose principal place of business is 200 South Michigan Avenue, Chicago, Illinois 60604, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby remise, relinquish, release, and forever quitclaim to HAWKEYE LAND CO., an Iowa corporation, whose address is P.O. Box 5399, Cedar Rapids, Iowa 52406-5399, all its right, title, interest, estate, claim, and demand in and to all real property in County, Iowa in which it has any such right, title, interest, estate, claim, or demand whatsoever, wheresoever and howsoever evidenced, monumented, or located, it being the intent and purpose of Grantor to relinquish and convey unto Grantee all reservations, exceptions, and privileges reserved in a Quitclaim Deed made, executed, and delivered by Grantor to Grantee dated July 1, 1985, filed July , 1985, and recorded (in Book 172 at Page '17 ) (as--Inst-Fument No. . ) in the office of the °'=> ' County Recorder. This deed transfers certain permanent, exclusive 0 longitudinal easements, and it is therefore excepted by Iowa Code section 428A.2(17) (1987) from the tax imposed on real estate C') Cc;)) Q� transfers. IN WITNESS WHEREOF, this instrument is executed by the - 4 O N Grantor this ,/ day of�Ma-rcir, 1988. ['ri C17-73 CHICAGO PACIFIC CORPORATION i5Z N r� O CT CORPORATESL BYWilliam C. Terpstra, Exec. Vice Pres. ATTEST: Prz.47: 7. ii c,�•�,t;Asst. Secretary ,,, EXHIBIT • STATE OF ILLINOIS) ss COUNTY OF COOK ) I, the undersigned, a Notary Public duly commissioned and qualified in and for the County and State aforesaid, DO HEREBY CERTIFY that William C. Terpstra and "/Idt r ,/4. 4-2-7X4.71 to me personally known and known to me to te, respectively, the Executive Vice President and Assistant Secretary of CHICAGO PACIFIC CORPORATION, a Delaware corporation, and the identical persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and being first duly sworn by me, severally acknowledged to me that they are, respectively, the Executive Vice President and Assistant Secretary of said corporation; that as such officers they signed, sealed, and delivered the said instrument in behalf of said corporation by authority and order of its Board of Directors, as the free and voluntary act and deed of said corporation, and as their own free and voluntary act; that the seal affixed to said instrument is the seal of said corporation; and that said corporation executed said instrument for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as such Notary Public, at Chicago, Illinois, this /•M"—day of J4arC6, 1988. APA ff// ? z Not y Public in and to the County of ook, In the State of Illinois My commission Expires: //`o?.00 " OFFICIAL SEAL " . JUDITH A. HUFF NOTARY Male.STAY OF ILLINOIS MY C0MMISSION EXPIRES 1V25/DO • N C I 0 _C[7 0 �a - C—) I r =gym —1,:....-.. N _.� O cil 2 VA, ,:713" 26 ---- /O0 :/ /O N O a o + i , 0' { I 0 • iñ AM 2A-4 ' � ! 21 t ' ®A'L ~lir-7 //// cliaD as O , RV: . _ ' r a, � � 0. zik '' t,L .. . . +7,w,, _ - . ._ _ G�x w,+� / " di }kx. rtef C„ . _ mg ®_ ,,,,=,. 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IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HAWKEYE LAND COMPANY, No. LAC C9-M3 ]S Plaintiff, PETITION AT LAW AND IN EQUITY vs. AND JURY DEMAND CITY OF IOWA CITY, IOWA r�r Defendant. a^ c. b^ G' 'fl COME NOW, Plaintiff,and petitions the Court for relief at law and in equity as 161. `iws .a VZ PARTIES AND JURISDICTION 1. Plaintiff Hawkeye Land Co. is an Iowa Corporation with offices at 500 Stickle Drive NE, Cedar Rapids,Iowa 52401. 2. Defendant City of Iowa City, Iowa, (hereinafter referred to as "Iowa City"), is an incorporated municipality in the State of Iowa, County of Johnson. 3. Plaintiff, Hawkeye Land Company, (hereinafter referred to as "Hawkeye") is the owner of interests in real property located in Johnson County, in the municipality of Iowa City, Iowa. 4. Iowa City has commenced construction of a project known as "Iowa City Industrial Campus" that interferes with and intrudes upon Hawkeye's property rights in Johnson County, Iowa, without first paying just compensation as required by law. 5. This Court has personal and subject matter jurisdiction over this spute.= :_� 9 c>-< — �... FACTS COMMON TO ALL COUNTS =ccs r`J =<r 1J 6. On October 4, 1984, Chicago Pacific Corporation (CPC)convey61to He tland Rail Corporation all of its right, title and interest in the railroad line that is the subject matter of this litigation. In doing so, CPC reserved the mineral rights, former easements and licenses,and the following: "Grantor reserves for itself, its successors and assigns,exclusive perpetual easements and the exclusive right to grant easements, leases or licenses, either in perpetuity or for terms, for the construction, installation, erection, reconstruction, reinstallation,re-erection,relocation, maintenance, removal, repair, replacement, use and operation of the transportation and transmission systems for all and every type of fluids, gases, resources, materials, products, communications and energy by whatever means including, without limitation,overhead conveyors,pipelines,telephone, radio,radar or laser transmission systems, wire, cable, fiber, fiber-optic, utility, energy and power transmission lines or conduits of every kind and character together with all necessary supporting structures and devices which may be constructed, erected or installed on, in, under, over, above, across and along all or any portion of the Property at any time from time to time in the future, upon such terms as Grantor deems appropriate in its sole discretion;.... and Grantor reserves to itself, it successors and assigns, the exclusive right to convert or amend any existing easements, licenses, leases or agreements for conduits, sewers, water mains,gas lines,electric power lines, cables, wires or other energy, communications and utility lines of any kind whatsoever beneath,in,on,over, across,along, or above the surface of the Property to easements, leases, or licenses,either in perpetuity or for terms, for the continued maintenance, operation and use of the same or to otherwise modify any existing easements, license, leases, or agreements upon such terms as Grantor deems appropriate in its sole discretion." (See Exhibit A attached hereto and made a part hereof.) 7. In addition,at page 119 of the recorded deed, the Grantor's reservation and rights were further enumerated: "Grantor reserves for itself its successors and assigns the exclusive right to enforce any and all of the rights and reservations as herein provided, at law or in equity, against any person or entity bound by such rights and reservations as herein provided to recover any damages suffered by Grantor for any violation, threat of violation or breach hereof. All rights hereby reserved shall continue in perpetuity, whether or not exercised. The exercise of Grantor's rights reserved herein in respect of the easement grants, leases, licenses, and agreements shall not unreasonably interfere with the use,operation and maintenance of the surface of the Property by Grantee, its successors or assigns. This instrument is being executed in multiple counterparts,each of which shall be considered an original, which counterparts have as [Exhibit B(instrument exhibit)] attached hereto only those maps depicting the Property in the County in which that counterpart is recorded". (See Exhibit A attached hereto and made a part hereof.) a O O -17 2r N T Fr) -0 f , l N.) Heartland later transferred its interest in this railroad property to Iowa Interstate Railroad, LTD, which deed contains the same easement reservation language. (See Abstract at pages 67-72 attached to Plaintiff petition as Exhibit E.) 8. On July 1, 1985,CPC transferred all of the Grantor's remaining rights in the same property to Hawkeye, but reserving to itself certain rights. "The Grantor further reserves unto itself, its successors, grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means, except by railroad, including but not limited to,pipeline,telephone, radio, radar or laser transmission systems, wire, fibers, conduits, utility and energy transmission lines of every kind and character together with all necessary supporting devices which may be constructed, erected or installed in, on,under,above, across and along any portion of the premises lying within fifty(50)feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re- erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever, whether or not exercised, unless expressly relinquished in writing by the Grantor, its successors or assigns. The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3) miles in length in, on, under,above, across and long the property herein described and Grantee shall retain all rights as provided herein for those distances of less than three (3)miles in length. For the purpose of calculating mileage, the three (3)mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such line may extend into the next contiguous county and is not limited to the property herein described. Not withstanding any other provision of this instrument, the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described." (See Exhibit B attached hereto and made a part hereof.) These reservations were later released by a Deed of Release dated April 12, 1988. (See Exhibit C attached hereto and made a part hereof.) N 9. Iowa City has done excavation work, and has installed drainage Olverts= waterlines, sub-drains,drainage pads, storm sewer pipe and will install a street a cd ide walks part of the"Iowa City Industrial Campus"project without first following statutoroce ureses,' -0 1 ` condemning the property and paying just compensation for the taking. (Attach jkr' et&and 3 yy cJ C) made a part hereof is Exhibit E which shows all illegal and impermissible intrusions upon the Plaintiff's property.) 10. Iowa City's wrongful actions and conduct are not only an illegal and unconstitutional taking of Hawkeye's rights, but are also tortious and are of an ongoing nature which continue up to the present time. 11. Hawkeye is entitled to an award of attorney fees incurred in these proceedings. COUNT I—TRESPASS 12. Hawkeye hereby repleads Paragraphs 1 through 11 as if fully set forth herein. 13. The structures, improvements, installations, and excavations done,installed and/or used by Iowa City constitute an unlawful trespass upon Hawkeye's property which has been ongoing and continues to the present time. 14. The encroachment of Iowa City by its actions in proceeding with the"Iowa City Industrial Campus"project without the proper authority and right to do so has substantially interfered with Hawkeye's exclusive possession, use and enjoyment of its property. 15. The encroachment is a proximate cause of damages suffered by Hawkeye. By this reference, Hawkeye pleads all elements of the tort of civil trespass in Iowa. 16. In addition to the actual damages herein alleged, Hawkeye is entitled to an award of punitive or exemplary damages due to the Iowa City's knowing, intentional, willful and/or wanton conduct. WHEREFORE, Plaintiff respectfully requests that the Court enter an order finding that the structures,excavations, improvements, and installations constitute a trespass upon Hawkeye's property and requiring Iowa City to abate the encroachment and award Hawkeye damages from the Defendant, Iowa City, in an amount equal to the fair market value of the property, or at least$150,000.00, and punitive or exemplary damages, plus interest, attorney fees, and the costs of this action. cp DC7 O -- ;�--1 i -C --1 C, N r� 7:‹r7.1 4 E,73 o LO COUNT II—UNJUST ENRICHMENT 17. Hawkeye repleads paragraphs 1 through 16 as if fully set forth herein. 18. Iowa City has,and continues to have to the present time,the use of property for which payment was never made. 19. Defendant, Iowa City, has therefore been unjustly enriched at the expense of Hawkeye. By this reference, Hawkeye pleads all elements of the doctrine of unjust enrichment in Iowa. 20. The Court should enter judgment in favor of Hawkeye in an amount of at least $150,000.00, plus interest and costs. 21. In addition to the actual damages herein alleged, Plaintiff is entitled to an award of punitive or exemplary damages due to the Defendant's knowing, intentional, willful and/or wanton conduct. WHEREFORE Plaintiff respectfully request that the Court award Plaintiff judgment against Defendant in an amount equal to the fair market value of the property, or at least $150,000.00, unjustly used by Defendants; award the Plaintiff punitive or exemplary damages, plus interest as provided by law, plus attorney fees and the costs of this action. COUNT III EJECTMENT 22. Hawkeye repleads paragraphs 1 through 21 as if fully set forth herein. 23. Hawkeye sets forth for the recovery of real property pursuant to §646 the fact that Hawkeye is the owner of an interest in real property as set forth in Exhibit E,which is an abstract of Hawkeye's title to the real property. Said real property interest is described as"an exclusive perpetual easement and the exclusive right to grant easements, leases, licenses, either in perpetuity or for terms, for the construction, installation, erection,reinstallation, re-erection, relocation, maintenance, removal, repair, replacement, use and operation of transportation and transmission systems for each and every type of fluid,gases, resources, materials,products, communications and energy by whatever means, including, without limitation, overhead conveyors, pipelines, telephones, radios, radar, laser transmission systems, wire, cable, fiber, fiber optics, utility, energy, power transmission lines and conduits of every kind ndschcter,- - --a together will all supporting structures and devices which may be constructed, ergted or install ; r N 5 m CD w on, in, under,over and above,across and along all or any portion of the property at any time, from time to time, in the future, upon such terms as grantee deems appropriate in its sole discretion." 24. By the deed that Hawkeye received from CPC,the Petitioner is entitled to grant all easements on, in, under, over, above, across and along any portion of the property. 25. Iowa City has placed, is placing or is about to place drainage culverts,waterlines, sub-drains,drainage pads, storm sewer pipes, streets and/or sidewalks, all as a part of Iowa City Industrial Campus project located in the SE1/4 of Section 19, Township 79 North, Range 5 West of the 5th P.M.. Johnson County, Iowa. 26. That the encroachment of Iowa City by its actions in proceeding with the Iowa City Industrial Campus project without proper authority and the right to do so has substantially interfered with Hawkeye's exclusive possession, use and enjoyment of its property. 27. That the Defendant unlawfully keeps the Plaintiff out of possession and as a result of that the Plaintiff has suffered actual damages in the amount of at least $150,000.00;punitive or exemplary damages due to Iowa City's knowingly, intentionally, willful and wanton conduct; consequential damages; incidental damages; damage for the wrongful use and occupation and land; reasonable attorney fees; and the costs of this action. 28. Demand for a trial by jury is made for all issues which may be tried pursuant to the statutes of the state of Iowa and pursuant to the Iowa Rules of Civil Procedure. WHEREFORE Plaintiff respectfully requests that the Court award Plaintiff the right of immediate possession thereof, all damages associated with the illegal occupation by the Defendant pursuant to Chapter 646 of the Code of Iowa, and for such other and further relief as the Court deems necessary in the premises, including punitive and exemplary damages,plus interest, attorney fees and the costs of this action, and further that this matter be tried to a jury. hJ CD ra C7 N r— rn '� ry p CO Respectfully submitted, rkt 4/1 c � on M. McCright AT000510 425 2"d Street SE, Suite 1010 Cedar Rapids, Iowa 52401 Tel: 319-366-7795 Fax: 319-366-4551 jmccright@l010crlaw.com ATTORNEY FOR PLAINTIFF i. c �w 11". oma: N r-- c;:;"c O a O - __ C7 — rm. :<� rn "L7 M co STATE OF IOWA ) ) SS: COUNTY OF LINN ) I, Rick D. Stickle, being first duly sworn on oath, depose and state that I am the President of Hawkeye Land Company,the Plaintiff in the above-captioned matter and that I have read foregoing Petition and that the statements contained therein are true and correct as I verily believe. Rick D. Stickle, President Hawkeye Land Company cribed and sworn to before me by the said Rick D. Stickle on this /1 day of ,2011. 411- illi ► ARY P BLIC - S ATE OF ►WA i=` o • x , — r- p v- N —i Ti -4 c.) 3.73 D--t —+ (") — 7 --d C) " 4 7‹ 171 ta, '•. ca r;,, �4 !fie- lc-51 x.1"3 E9840C 11 am:i� QUrrCLAIM DEED � . i71,.fP, RECORDEft JC1IILuu CO IONAA KNOW AIL MEN By THESE PRESENTS: That the CHICAGO PACIFIC CORPORATION, a Delaware corporation, ("Grantor") in consideration of the sum of TEN DOLLARS($1O.OQ)and other good and valuable consideration,the receipt whereof is hereby acknowledged, does hereby CONVEY and QUITCLAIM, subject to the terms, conditions, • reservations and exceptions hereinafter set forth,unto HEARTLAND RAIL CORPORATION, an Iowa corporation, with an address at 403 W. 4th Street North, Newton, Iowa 30208, ("Grantee"), all of Grantor's right, title and interest in and to the railroad right-of-way property described in Exhibit A, attached hereto and made a part hereof, including and ' I together with all improvements, tenements, fixtures, appurtenances thereto, rights-of-way, strips and gores of land,abutting extra-width land, improvements affixed or installed, such as rail andt right-of-sway fences, buIIdings. Prasxges, sewer rights, trackage, signal and communication equipment, waters,water courses, water rights and powers, flowers, shrubs, crops, trees, timber and other emblements now or hereinafter located on the property or under or above the same or any Part or parcel thereof, and all rights, titles, interests and appurtenances, whatsoever, in any way belonging, relating, or appertaining to the property or any part thereof, or which shall In any way belong, relate, or be appurtenant thereto,and it being understood that the enumeration of any specific articles of property shall in no wise exclude or be held to exclude any items of property not specifically mentioned. All of tho property hereinabove described, real,persona/ and mixed, whether affixed or annexed or not (except where otherwise hereinabove specified) and all rights hereby conveyed and transferred are intended so to be as a unit and are hereby understood, agreed and declared to form a part and parcel of the property ("Property") and to be appropriated to the use of the Property, including but not limited to property shown on maps attached hereto as Exhibit B, and further including the property described In the okra • • . ; , on said _ o= REAL ES1A1E TRANSFER maps, insofar as such property is described in said Exhibit A. TAX PAID =h CD� j} Transfer Fee SD' —1 roman Recording Fee � . r'�VO;, tan $1�v�/ 1r �'�- -Totai -1°-• t 1 �.r1 IICUROER y —� D 7'J S4 =.. flA 1F 1- ♦ 1v 0 l C) Co EXHIBIT • age 2 of 40) It is the Grantor's intention to quitclaim all of its right, title and Interest to its railroad right-of-way and contiguous property, except ae exoludod in said Exhibit A, located between the following end points; I � , ti Bureau, Bureau Co., Illinois at E.P.B. 8064+97, M.P. 181.53 westerly to Milan, Rock Island I• Co.,Illinois at E.P.S.4438+63.8(Rip Line)and at E.P.S.177+31 (Sherrcnd). Davenport, Scott Co., Iowa at E.P.S. 9634+00, M.P. 182.35 westerly to E. Des Moines, Polk Co., Iowa at E.P.S.1825+00,M.P.350.80. • • W. Des Moines, Polk Co., Iowa at E.P.S. 19272+47, M.P. 365.0 westerly to Council Bluffs, Pottawattomie Co.,Iowa at E.P.S.26412+90. r�• Hancock, Pottawattomie Co., Iowa at E.P.S. 24539+75, M.P. 484.77 southerly to Oakland, Pottawattomie Co., Iowa at E.P.S. 24794+15, M.P. 468.59. Audubon, Audubon Co., Iowa at E.P.S. 80+75.5 southerly to the connection with Grantor's East/West main track near Atlantic,Casa Co.,Iowa. Altoona, Polk Co., Iowa at the connection with Grantor's East/West main trade southeasterly to Pella,Marion Co.,Iowa at E.P.S. 8058+50,M.P.114.80. Blue Island,Cook Co.,Illinois as described in EzhElt A. Grantor reserves for itself, Its successors and assigns, all ores, minerals and royalties of every kind and nature, including without limitation oil, natural gas, sulpha;, coal,and lignite on or underlying the surface of the Property together with the right,by all lawful means, to explore, drill for, protect, conserve, mine, take, extract, remove and market any and all such products; provided that such activity shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee,Its suceessoce or aazlgns. I , !VOL 733 half? i[[ 2 C) rn 'dam 0) ago- J of 5I2) • • Grantor reserves for itself, its successors and assigns. exclusive perpetual casements and the exclusive right to grant easements, leases or licenses, either in perpetuity or for terms, for the construction, Installation, erection, reconstruction, reinstallation, re-erection, relocation, maintenance, removal, repair, replacement, use and operation of transportation and transmission systems for all and every type of fluids,gases, resources, materials, products, communications and energy by whatever means including, without limitation, overhead conveyors, pipelines, telephone, radioradar or laser transmission systems, wire, cable, fiber, fiber-optic, utility, energy end power transmission , lines or conduits of every kind and character together with ail neer-Awry supporting structures and devices which may be constructed, erected or instaled on, In, under, over, above,across and along all or any portion of the Property at any time from time to time in the future, upon such terms as Grantor deems appropriate in its sole discretion;and - Grantor reserves to itself, its successors and assigns, the exclusive right to convert or amend any existing easements, licenses, leases or agreements for conduits, sewers, water mains, gas lines, electric power lines, cables, wires or other energy, communications and utility lines of any kind whatsoever beneath, in, on, over, across, along, or above the surface of the Property to easements, leases,or licenses, either in perpetuity or for terms, for the continued maintenance,operation and use of the same or to otherwise modify any existing easements, licenses,leases, or agreements upon such terms as Grantor deems appropriate in its sole discretion;and !WIL 733 t^-a..L.LO 3 • L7 ,• 0 f--1 —4 • C. —C -- r--- �in N .rye -7 r "t7 �- fV • Q age 4 of 9U) Grantor reserves to itself, its successors and assigns, the right of access to and ingress and egress over, upon, to, from and across the Property by Grantor and its designated contractors, licensees, agents and employees, together with all necessary and incidental vehicles,work equipment, machinery and other movable structures for purposes in connection with the rights reserved hereby provided that any such access shall be made with reasonable advance notice to Grantee and its operator and at the sole risk and expense of Grantor's designated contractors,licensees,agents and employees. I; Grantor reserves to itself, its successors and assigns, the exclusive right and entitlement to any and all income arising out of or related to the existing easements, leases, licenses or agreements and the conversion or modification thereof and any and all income ' � h arising out of or related to the future easements, leases or licenses es provided for hereinabove. Grantor reserves for itself, its tloocesors and assigns the exclusive right to enforce any and all of the rights and reservations as herein provided, at law or in equity, against any person or entity bound by such rights and reservations as herein provided to recover any damages suffered by Grantor for any violation, threat of violation or breach hereof. Ail rights hereby reserved shall continue In perpetuity,whether or not exercised. The exercise of Grantor's rights reserved herein in respect of the easement ' grants, leases, licenses, and agreements shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee, its successors or assigns. This inetr iment is being executed in multiple counterparts, each of which shall be considered an original, which counterparts have as &titbit B attached hereto only those maps depicting the Property in the County in which that counterpart is recorded. VOL 733 1->:t119 t *`-) -TI --4 C-) N r. r ;ern iv �' o age o= 4U} r IN WITNESS WHEREOF, this instrument is executed by the Orantor this day of 1984. ATTEST: , HARVEY KAPNICR,Chairman CHICAO PACIFIC CORPORATION .�. • se, • , . i Hary Kapi//l�r STATE OF ILLINOIS ) SS COUNTY OP COOK } { On this 'A/4" day of , A. D., 1984, before me, the #I undersigned, a Notary Public In and for said County, In said State, personally appeared HARVEY KAPNICK in his capacity as Chairmen of the CHICAOO PACIFIC CORPORATION, to me known to be the identical person named in and who executed the foregoing instrument and acknowIedged he executed same as his voluntary act and deed pursuant to the authorization given to him by sold Corporation for the uses and purposes herein set forth. NOTARIAL SEAS LA7j-, edr, Notar•# 'lie My Commission Expires: � . /717 aw VOL 733 1nn 5 • ria . I•...a. C7 C7 z e i� fV Q 1 CJ 1- —_--- agc October 1, 1084 Heartland-Deed EXHIBIT A Being a description of parcels of land and strips of land of varying widths constituting a continuous line of railroad property: SECTION ONE • Blue Island Yard(Four Outfrelght Yard Tracks) Cook County,Illinois The Point of Beginning being on a line 8.5 feet westerly of and parallel to the centerline of ' Grantor's former yard track #5(local #47)and also being 8.5 feet easterly of Grantor's yard track #22 as presently laid out and located and on a line normal to Grantor's former main track #4 centerline located 735.6 feet northerly of the east/west centerline of Section 30, as measured along a line 50 feet westerly of and parallel to said main track #4 centerline; thence southwesterly from said Point of Beginning on a line 8.5 feet easterly of and parallel to the centerline of said yard track #22 to a line 71.5 feet westerly of and parallel to said main track #4 centerline thence southerlyalong ; said lino to a lino 7.0 feet westerly of and parallel to the centerline of track 910; thence southerly along said line to a line normal to said track #10 centerline located at the southerly headblock of said track #10; thence i{ southeasterly along said line to a line 8.5 feet westerly of and parallel to the centerline of Grantor's former yard track #5 (local #47); thence northerly along said line approximately 6,000 feet to said line 735.6 feet northerly of said east/west centerline; thence westerly along the last line intersected to the Point of Beginning; Also granting to the Grantee that nonexclusive easement easterly of said line 6.5 feet westerly of and parallel to said yard track IS (local #47) oentorllno reserved to tho Chicago, Rook Island and Paolflo Railroad Company, Debtor, Grantor's predecessor in Interest, by the Regional Transportation Authority In its condemnation in the United States District Court for the Northern District 1 r� VOL 73J 1'LE1.2 M13 C.> >• -{ --i C7C--IC) IV c• rn ? rn CD rb age / o. 91.:} of Illinois, Eastern Division (No. 81 C 0431), and a nonexclusive easement westerly of a line 7.0 feet westerly of and parallel to said yard track 010 centerline and a nonexclusive easement easterly of a line 6.5 feet easterly of and parallel to said yard track 022 from said Point of Beginning to a point opposite the point of switch for yard track t8 (local 145) as presently laid out and located in said outfreight lead (ladder) track, said nonexclusive easements being solely for railroad operating clearance purposes In order to comply with Illinois Commerce Commission General Order No. 22 effective November I, 1920, as amended May 14, 1369, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad Rules 101.1 through 121.1 inclusive; Reserving to the Grantor an easement I easterly of a line 7.0 feet westerly of and parallel to said yard track 010 centerline and an i easement easterly of and parallel to said line being 8.5 feat easterly of said yard track 022, both easements being solely for railroad clearance purposes in order to comply with Illinois • Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1989, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad Rules 101.1 through 121.1 inclusive;all In the Southwest Quarter of the Northeast Quarter of Section 30, the West Half of the Southeast Quarter of Section 30, the East Half of the Southwest Quarter of Section 30 and the Northwest Quarter of Section 31, both Sections 30 and 31 in Township 37 North, Range 14 East of the 3rd P.M. SECTION TWO Bureau to Rock Island and Milan Bureau County,Illinois Beginning at the intersection of the centerline of the Grantor's westbound (northerly) main track and a line normal to said centerline located 842.4 feet southerly of the North line of Section 18, as measured along said track centerline (E.P.S. 6064+91, M.P. 114.85), Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M,; thence westerly va. 733 Ptl1i72 2 :�: �• ry 1r ?7 0 rn P3 0 age 8 of 40) , through Sections 12, 1, 11, 10,9,8, 17,18 and 7,Township 15 North, Range 9 East of the 4th P.M.; thence continuing westerly through Sections 12 and 1. Township 15 North, Range a East of the 4th P.M.;thence continuing westerly through Sections 36, 35, 34, 28, 27, 29,21, 20 and 19, Township 16 North, Range 9 East of the 4th P.M.; thence continuing westerly through Sections 24, 23, 22, 21, 20 and 19,Township 18 North,Range 7 East of the 4th P.M.; EI Ithence continuing westerly through Sections 24, 23, 14, 15, 16, 17, 8 and 7, Township 16 I North,Range 8 East of the 4th P.M.; I Henry County,Illinois 1 Thence continuing westerly along said main track centerline through Sections 12,11, 2, 3,4, 5 and 6, Township 16 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range S East of the 4th P.M.; thence continuing westerly through Sections 38, 35, 34, 27, 28, 29 and 30, Township 17 North, Range 4 East of the 4th P.M.; thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through I' Sections 13, 14, 11, 10, 9, 8 and 7, Township 17 North, Range 2 East of the 4th P.M.; thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly lino of Henry County, Illinois, Township 17 North,Range 1 Past of the 4th'P.M.; {� i Rock Island County,Illinois Beginning at the Intersection of the Grantor's main track centerline and the Easterly line of Rock Island County; thence westerly along said track centerline, through Sections 3 and 4, Township 17 North, Range 1 East of the 4th P.M.;thence northwesterly through Sections 33, 32, 30 and 31, Township 18 North, Range 1 East of the 4th P.M.; thence westerly through Fractional Section 25, Township 18 North, Range 1 West of the 4th P.M.; thence westerly through Lots 9, 8, 7, 8, 5, 4, 3 end 2, LeClaires Reserve, and Sections 33, 32 and 31, (Including Grantor's right-of-way In Sylvan's Island in said Section 31/, Township 18 North, { 1 rt 3 I VOL 733 1,1[123 { N SCI © 1 =-1 --I -,,,=. CI-‹ - 1' -ICI N rn :'G -13, �,,.., N �. / CD CII age 9 of 40) Range 1 West of the 4th P.M.; thence westerly through Sections 36, 35 and 34, Township 28 North, Range 2 West of the 4th P.M.;thence southerly through Sectforo 3, 10, 15, 14, 23 and 24 to a termination at a line normal to said main track centerline located 1191.4 feet easterly of the north/south centerline of said Section 24 (E.P.S. 4438+63.6), as measured along said track centerline, and westerly through Sections 23, 26, 27, 28 and 29 to a termination at a line normal to said track centerline located 1793.2 feet westerly of the East line of said Section 29(E.P.S, 177+31), as measured along said track centerline, all In Township 17 North, Range 2 West of the 4th P.M. • SECTION THREE Davenport to E. Des Moines Scott County,Iowa Beginning at the intersection of the centerline of the Grantor's Colorado West Bound (northerly)mein track and a line oriented at right angles to said track centerline located f seven hundred ninety-eight feet, more or less,southeasterly of the North lino of Section 36, as measured along said track centerline (M.P. 192.35, E.P.S. 9634+00), also being the East end of Grantor's Bridge No. 1825 over Third Street as located in BIock 74 of LeClelres Addition to the City of Davenport,Township 78 North, Range 3 East of the 5th P.M.;thence westerly along Grantor's Davenport to Iowa City West Bound (northerly) main track centerline through said Section 38 and through Sections 25, 26, 27, 22, 21, 26, I7, 18 and 7 (Excluding all of Grantor's interest in his East Davenport Yard located East of the East tine of Pershing(Rock Island)Street in the Southwest Quarter of Section 25, and Iocated East of the East line of Iowa Street and located northerly of the northerly line of Third Street in the Northwest Quarter of Section 36),all In Township 78 North, Range 3 East of the 5th P.M.; thence continuing westerly through Sections 13, 12, II, 10, 9, 4, 5 and 9, to the Westerly Line of Scott County,Township 78 North, Range 2 East of the 5th P.M. I VOL 733 i lE.0 4 • 4 2 - r— - { _ N ) age lU of 4U) - ---------------------------- - • t . ALSO: Beginning at the intersection of the centerline of the Grantor's West Bound (northerly) main track and a line two hundred sixty-four feet, more or less, westerly of and parallel to the East line of Section 27, (M.P. 183.61, E.P.S. 9700+45), Township 78 North, Range 3 East of the 5th P.M.; thence westerly and southerly along Grantor's Davenport to Muscatine main track centerline through said Section 27 and Section 14 to the intersection ' of said math track centerline with the south line of Third Street, as laid out and located in the City of Davenport(M.P. 184.25, E.P.S. 9732+05), Township 78 North, Range 3 East of the 5th P.M. f Muscatine County,Iowa , , Beginning at the intersection of the centerline of the Grantor's West Bound(northerly)main trade and the East line of Muscatine County, being also the East tine of Section 1, Township 78 North, Range 1 East of the 5th P.M.; thence westerly along said centerline through said i Section 1 and through Sections 2, 3,4, 5 and 6(Excluding that part of the Northeast Quarter Of Section 5 lying northerly of a line fifty feet northerly of and parallel to the centerline of I said northerly main track;Excluding all of Grantor's right-of-way located southerly of a line fLfty feet southerly of and parallel to said northerly main track centerline located in said ( Section., 4 and 5 and being a part of Grantor's abandoned Bleck Hawk yard to Cedar Rapids Line), Township 78 North, Range I East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th P.M.(being In Scott County); thence continuing westerly through Sections 36, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M. (beingin Cedar County);thence continuing ty i westerly through Sections 4, S and 6, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections I,2, 11, 10,9,8, 5 and 8, Township 78 North,Range 2 West of the 5th P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 16, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 2, 3 and 4 to the northerly line of Section 4, being the northerly line of Muscatine County, (excluding Grantor's personal property and track fixtures and appurtenances thereto, in said Section 12, pertaining to its Cedar Rapids to Columbus Jct. line of railroad), Township 78 North, Range 4 West of the 5th P.M. -VOL 733 tAtdZ5 5 r>> C.D (----) -i 1, C7"C - E---.' -d t:.., N.> C 7<r- --, TT }} -. N ;;;-_,- C3 LO --_ __ -- . -- _ -_ . - . -____J. age 11 of 40) Cedar Cototty, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the south line of Section 33,Township 79 North, Range 4 West of the Fifth Principal Meridian, being also the southerly line of Cedar County; thence westerly through Sections 33, 32, 29 and 30 to the westerly line of Section 30,being the westerly line of Cedar County, Township 79 North, Range 4 West of the 5th P.M. Johnson County, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the East line II of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County; thence westerly through Sections 25, 26, 27, 28,29,20 and 19,Township 79 North, Range S West of the 5th P.M., continuing westerly through Sections 24, 13, 14, 15, 16, 9, 8, 5 and 6, (Excluding that part of Grantor's former Elmira to Iowa City line lying northerly of the northerly line of Des Moines Street estended easterly, said street as laid cut and located in the County Seat Addition of the City of Iowa City; Excluding all of Grantor's interest In Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of County Seat Addition to the City of Iowa City, extended easterly,and lying northerly of the north line of Benton Street, as laid cut and located In Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's former Coralville and quarry spur In said Section 5), Township 79 North, Range 6 West of the 5th P.M.; thence westerly through Section 1, Township 79 North, Range 7 West of the 5th P.M.; thence westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 North, Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23, 22, 21, 20, 17, 18, and 7, Township 80 North, Range 8 West of the 5th P.M.; ALSO: All of Grantor's Iowa City to Hills branch line in the East Half of Section 15 lying easterly of a line eight feet easterly of and parallel to the eenterilno of Grantor's former Iowa City to Elmira mein track, es located in or near Maiden Lane, ail in Section 15, Township 79 North, Range 6 West of the 5th P.M. :Vet, 733 r({ ry 3 i - r-- •(71 N i • CJ age 12 of 40) Iowa County,Iowa Thence continuing westerly through Sections 12, Il, 2, 3, 4, 5 and 8, Township 80 North, Range 9 West of the Sth P.M.; thence westerly through Section 31, Township 81 North, i!{ Rage 9 West of the Sth P.M.; thence westerly through Sections 38, 35, 34, 33, 32, 29 and 30,Township 81 North, Range 10 West of the 5th P.M.; thence westerly through Sections 25, E 38, 35, 34 and 33, Township 81 North, Range 11 West of the Sth P.M.; thence westerly through Sections 3,4,5,8 and 7,Township 80 North, Range 11 West of the Sth P.M.; thence westerly through Sections 12, 11, I0, 15, 16, 17, 18 and 19, Township 80 North, Range 12 West of the 5th P.M. •Poweshiek County,Iowa Thence westerly through Sections 24, 23, 22, 21, 20, 17, 19 and 18, Township 80 North, Range 13 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 22, 21, 28, 29 ' } 4 and 30, Township 80 North, Range 14 West of the 5th P.M.;thence westerly through Sections ' I 25,26,27,28, 21, 20, 19 and 18,Township 80 North, Range 15 West of the 5th P.M.; thence westerly through Sections 13, 14, 15, 18, 17, 18 and 19, Township 80 North, Range 16 West of the Sth P.M. Jasper County,Iowa 'Thence continuing westerly through Sections 24, 25, 28, 27, 34, 33, 32, 31 and 30, Township 80 North, Range 17 West of the 5th P.M.; thence westerly through Sections 25, 26, 23, 22, 21, 20, 17 and 18, Township 80 North, Range 18 West of the 5th P.M.; thence westerly through Sections 13, 24,23,28,37,28, 33 and 32(Excluding that part of the East Half of the �1 Southwest Quarter of said Section 27 lying southerly of a line fifty feet southerly of and parallel to said main track centerline), Township 80 North, Range 19 West of the 5th P.M.; thence westerly through Sections 5, 8 and 7, Township 79 North, Range 19 West of the 5th tt� P.M.; thence westerly through Sections 12, 11, 10, 9, 4, 5 and 8, Township 79 North, Range 20 West (including Section 31, Township 80 North, Range 20 West) of the Sth P.M.; thence westerly through 9eeUom 1, 2, 3, I1, 10, 9, 8 and 7, Township 79 North, Range 21. West of i ' the 5th P.M. i VOL 733 ta;,f l - -1 • < ) t >74 c-)-,C - N ro 0 tD EI age 13 of 40) + Polk County,Iowa Thence continuing westerly through Sections 12, 11. 2, 3, 4, 9, 8, 7 and 18, Township 79 North, Range 22 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 28, 35 and 34, to a termination at a line normal to said track centerline 820 feet westerly of the East line of ,aid Section 34, e, measured along said track centerline (Excluding all those parts of said Section,lying southerly or easterly of a line fifty feet southerly or easterly and ' parallel to the centerline of said main track) (E-P.S. 1825+00, M.P. 350.80) Township 79 North, Range 23 West of the 5th F.M. i \ 1 SECTION POUR Altoona to Pella Polk County,Iowa Beginning at the intersection of the centerline of Grantor's Altoona to Pella branch line I( main track end the West line of the East Half of the Southeast Quarter of Section 13 (R.D. E.P.S. 18701+20 +), Township 79 North, Range 23 West of the 5th P.M.; thence easterly through said Section 13, Township 79 North, Range 23 West of the 5th P.M.; thence southeasterly along Grantor's Altoona to Pella branch line main track centerline through Sections 18,17, 18, 9, 10, 11, 14 and 13,Township 79 North, Range 22 West of the 5th P.M. Jasper County, Iowa Thence southeasterly through Sections 18, 19, 20, 21, 28, 21, 34 and 35, Township 79 North, Range 21 West of the 5th P.M.; thence southeasterly through Fractional Sections 3, 2 and 1, Township 78 North, Range 21 West of the Sth P.M.; thence southeasterly through Sections 8, 5, 8, 9, 10, 15, 14, 23, 24, 25 and 36, Township 78 North, Range 20 West of the 5th P.M.; thence southeasterly through Section 31, (Excluding all that part of said Section 3i lying northerly of a line fifty feet northeasterly of and parallel to said track centerline), Township 78 North, Range 19 West of the 5th P.M. ryr� ;VOL 133 t,[1128 8 -71 rU -16 N r- til -7/ t`J O age 14 or 40) Marion County, Iowa Thence southeasterly through Sections 8, 3, 8, 9, 18, 15, 22, 23, 26, 25 and 38, Township 77 North, Range 19 West of the 5th P.M.;thence southeasterly through Section 31, Township 77 Ncrth, Range 18 West of the 5th P.M.; thence routhonstorty through Sections 6, 6, 4, 3, 10 end 11 to a termination at the east/west centerline of said Section 11 (E.P.S. 5056+50 I, M.P.114.60),Township 76 North, Range 18 West of the 5th P.M. SECTION FIVE W. Des Moines to Council Bluffs r , Polk County,Iowa Beginning at the intersection of the centerline of the Grantor's main track and a line normal to said track centerline located 362 feet westerly of the north/south centerline of Section 21, Township 78 North, Range 25 West of the 5th P.M., as measured along said track II�' centerline,(E.P.9. 19272+47, M.P. 365);thence westerly along said track centerline through II. Sections 21,28,29 and 30, Township 78 North, Range 25 West of the 5th P.M. Dallas and Madison Counties,Iowa Thence westerly through Sections 25, 26, 27, 28, 29 and 30, Township 78 North, Range 26 West of the 5th P.M.,Dallas County;thence westerly through Sections 25,26, 27, 22, 21, 20, 29 and 30, Township 78 North, Range 27 West of the 5th P.M., Dallas County; thence southerly through Sections 25 and 38, Township ?$ North, Rangy 28 West of the 5th P.M., Dallas County; thence westerly through Sections 1, 2, 3, 4, 5 and 8(Excluding all that part +' 1; of the Southwest Quarter of said Section 4 lying southerly of a line fifty feet southerly of and parallel to said main track centerline), Township 77 North, Range 28 West of the 5th P.M., Madison County; thence westerly through Sections 1, 2, 3 and 4, Township 77 North, Range 29 West of the 5th P.M., Madison County; thence westerly through Sections 33, 32 and 31,Township 78 North,Range 29 West of the 5th P.M., Dallas County. 9 iVOL 733 rti.E1_9 ^' I CD '- rri � C7 age 15 of 40) • Guthrie and Adair Counties,Iowa Thence westerly through Sections 35 and 35, Township 78 North, Range 30 West of the 5th P.M., Guthrie County; thence westerly through Sections 2, 3, 4 end 5, Township 77 North, I • Range 30 West of the 5th F.M., Adair County; thence westerly through Sections 32 and 31, Township 78 North, Range 30 West of the 5th P.M., Guthrie County;thence westerly through Sections 36, 25, 28, 27, 28, 29 and 30 (Excluding that part of said Section 28 lying northerly of a line fifty foot northerly of and parallel to said main track centerline), Township 78 North, Range 31 West of the 5th P.M.,Guthrie County;thence westerly through Sections 25, 38, 35, 34, 33, 32, 29 and 31, Township 78 North, Range 32 West of the 5th P.M., Guthrie • County; thence westerly through Sections 38, 35 and 94, Township 78 North, Range 33 Wast of the 5th P.M., Guthrie County; thence westerly through Sections 3, 4, 9, 8, 7 and 18, Township 77 North, Range 33 West of the 5th P.M., Adair County; Reserving to the Grantor all portions of Grantor's right-of-way in said Counties not currently necessary and useful for railroad operations by reason of line changes or re- alignments. • Cass County, Iowa • Thence westerly through Sections 13, 14, 23, 22, 21, 28, 29, 30 and 31, Township 77 North, Range 34 West of the 5th P.M.; thence westerly through Sections 36 and 35, Township 77 North, Range 33 West of the 5th P.M.; thence westerly through Sections 2, 3, 4, 9, 8 and 7, Township 76 North, Range 35 West of the 5th P.M.; thence westerly through Sections 12, 11, 2, 3, 4, 5 and 6, (Excluding that part of the Southeast Quarter of said Section 8 lying southerly of a line normal to Grantor's former Atlantic to Griswold branch line main track centerline located approximately 1,075 feet southwesterly of the East line of said Section 6, as measured along said track centerline; Excluding that part of the Northwest Quarter of said Section 6 lying northerly of a line ono hundred feet northerly of and parallel to the l9 ; l)l. 733 01E150 • fV CD ) -173 N 1 age 16 of 40) centerline of said mein line track), Township 78 North, Range 36 West of the Sth P.M.; thence westerly through Sections 1, 2, 3, 4, S and 8, Township 76 North, Range 37 West of the Sth P.M. Pottawattamie County,Iowa i Thence continuing westerly through Sections 1, 2, 3, 4, 5 and 8, Township 78 North, Range 38 West of the Sth P.M.;thence continuing westerly through Sections 1, 12, 11, 10, 9, 16, 17 � and 18, Township 76 North, Range 39 West of the 5th P.M.;thence westerly through Sections 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 40 West of the 5th P.M.; thence westerly through Sections 24, 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 41 West of the 5th P.M.r thence westerly through Sections 24, 23, 28, 27 and 34 to a termination et a line normal to said centerline located 117.3 feet southerly of the North line of said Section 34, as measured along said track centerline,(EP.S. 25082+08.8, M.P. 475.02), �1 Township 76 North, Range 42 West of the 5th P.M. (' ALSO: Beginning at the intersection of the centerline of the Grantor's main track and a lino I normal to said track centerline located one hundred feet northerly of the east/west I centerline of Section 5,as measured along said centerline, (E.P.S. 25878+15.7, M.P. 486.34), Township 74 North, Range 43 West of the 5th P.M.; thence generally westerly through Sections 5, 8 end 7, Township 74 North, Range 43 West of the 5th P.M.; thence northwesterly through Section 1, Township 74 North, Range 44 West of the 5th P.M.;thence - northwesterly through Sections 38 and 35 to a termination at the north/south centerline of uld Section 33,(13.P.3. 26412+90),Township 75 North, Range 44 West of the 5th P.M. q i1.101. 733 P"-LE 131 , I1 - - J c --- i) i 1 --.1 -,C') N.) � ' <rn --arrii O age 17 of 4L') ALSO: All of Grantor's tracks end appurtenances as presently laid out and located within the East Half of the Southwest Quarter of Section 35,being Grantor's two math line tracks sad spur tracks 23 and 24, Township 75 North, Range 44 West of the 5th P.M. ALSO: Allot Grantor's interest In his "Joint Riverline" which extends from E.P.S. 26403+40 =0+38 H.S. located in the Southeast Quarter of Section 33; thence northerly and westerly 1 through Sections 35, 34 and 33 to a termination at E.O.T. 151+87.5 located in the Northwest Quarter of the Northeast Quarter of said Section 33, Township 75 Ncrth, Range 44 West of the 5th P.M. SECTION SIX Audubon to Atlantic Audubon County, Iowa illi{ Beginning at the intersection of the centerline of the Grantor's branch lino main track and a 1 line normal to said centerline located 112.5 feet northerly of the east/west centerline of , Section 20, as measured along said track centerline, Township 80 North, Range 35 West of I the 5th P.M.; thence southerly along said track centerline through Sections 20, 21, 28, 33 and 34, Township 80 North, Range 35 West of the 5th P.M.; thence southerly through • Sections 3, 10, 15, 22, 27, 34 and 35, Township 79 North, Range 35 West of the 5th P.M.; thence southerly through Lot 1 of that un-named Fractional Section northerly of Section 5, and through Lot 4, Lot S and Lot 12 of that un-named Fractional Section north of Section 4, and southerly through Sections 4, 3, 8, 17, 18 and 19, Township 78 North, Range 33 West of the 5th P.M.;thence southerly through Sections 24, 25 and 38, Township 78 North, Range 38 West of the 5th P.M. val. 733 r:LE 132 12 Ir,� - e'•-; —4 N-17 'p; yam, 0 L.) age =E of 40) Cass County, Iowa Thence southerly through Sections 1, 2, 11, 14,23,22,21,28,29,32 and 31,(Excluding all of said Section 31 lying westerly of a line fifty feat westerly of and parallel to said branch line main track centerline), Township77 North, Range 38 West of the 5th P.M.; thence southerly through the Northwest Quarter of the Northeast Quarter of Section 8 to a termination at • the intersection with the centerline of Grantor's math W. Des Moines to Council Elhtffs track being at a line normal to said branch line math track centerline located 1,454 feet southerly of the North line of said Section 6,as measured along said branch line main track centerline, Township 76 North,Range 38 West of the 5th P.M. SECTION SEVEN Hancock to Oakland Pottawattamie County,Iowa Beginning at the intersection of the centerline of the Grantor's former branch line main track and the east/west centerline of Section 8, (E.P.S. 24539+75, M.P. 464.77),Township 79 North, Range 39 West of the 5th P.M.; thence southerly along Grantor's branch line math track centerline through Sections 8,17,18, 19 and 30,Township 78 North, Range 39 West of the 5th P.M.; thence southerly through Sections 25 and 38, to the south line of said Section f! 38(E.P.S. 24794+15, M.P.488.59),Township 76 North, Range 40 West of the 5th P.M. vaL 733 h!.E 133 ry • C _ C) ni age 19 of 40) EXCEPTING AND EXCLUDING THE FOLLOWING DESCRIBED PARCELS OP LAND: 1 Silvis Yard Parcel I: The Point of Beginning being on the west line of the East Half of the Southwest Quarter of Section 29, Township 18 North, Range 1 East of the 4th P.M., and that southerly property line between the C.R.Ldc P. and Deere & Company established in an Instrument from C.R.Ldc P. to Deere it Company dated September 22, 1968, said Point of Beginning also being approximately 950 feet northerly of the south line of said Section 29;thence South 10° 34' 23" West, 414.81 feet to a point 15 feet north of the North rail of track 4170; thence South 79°25'37" East along a line parallel with and 15.0 feet distant from said track 4170, 24.50 feet;thence South 100 34'23"West 9.40 feet; thence South 79°25'37"East, 61.0 feet; I •thence North 10° 34'231'East, 9.40 feet to a point 15.00 feet north of the North rail of said track 4170; thence South 79° 23' 37" East along a line parallel with and 15.0 feet distant from said track 4170, 826.41 feet; thence North 10° 34' 23" East, 58.00 feet; thence South 79°25'37"East, 135.00 feet;thence South 10°34'23" West, 58.00 feet to a point 15.00 feet north of the North rail of said track 4170;thence along parallel with and 15.00 feet distant from said track #170 on the following courses and distances; South 79° 25' 37" East, 29.07 feet; southeasterly along the arc of a curve, 158.90 feet, said curve having a radius of 553.90 feet and a long chord which bears South 71° 12'31"East, 158.36 feet; South 62° 59' 24" East, 815.58 feet;southeasterly along the arc of a curve, 218.44 feet said curve having a radius of 749.58 feet and a long chord which bears South 54° 38' 30" East, 217.69 feet; thence South 48°17'35"East,341.02 feet to the point where said line intersects track 4229; thence North 43°42'25"East, 15.00 feet to a point 15.00 feet north of the North rail of said track 4229;thence along, parallel with and 15.00 feet distant from said track 4229 and 4170 on the following courses and distances; South 48° 17' 33" East, 101.30 feat; southeasterly along the arc of a curve, 170.79 feet, said curve having a radius of 580.94 feet and a long } chord which bears South 54°42' 55" East, 170.17 feet; South 63° 08' 14" East, 348.53 feet to the east line of the Northwest Quarter of the Northeast Quarter of Section 32; thence /VOL 733 i!ltr..4 14 I N CI -i ry g i..n -Qrn 7 73 CD ago 20 of 40) continuing South 63° 08' 14" East, 250,00 feet; thence South 38° 51' 46" West, 40.00 feet; thence North 830 08' 14"West, 225,27 feet to said east line; thence South 04° 51' 55" East along said line, 34.67 feet;thence North 63° 05'54" West, 78.87 feet;thence northwesterly along the aro of a curve, 129.12 feet, said curve having a radius of 452.88 feet and a long chord which bears North 71° 15'59" West, 128.88 feet to a point on a line 15.00 feet distant from end parallel with the Southerly rail of track 1I18; thence North 79° 26'04" West along said line, 1846.56 feet to the point of Intersection with a line 15,00 feet distant from and parallel with track 0119;thence North 87°33' 55" West along said line, 113.83 feet; thence North 02° 26' OS" East, 62.63 feet to a point on a line 12.50 feet southerly of and parallel with the centerline of track #123; thence North 79° 16' 00" West along said line 2104.81 feet; thence along said line, northwesterly along the aro of a curve 389.54 feet,said curve having a radius of 2499.55 feet and a long chord which bean North 74° 48'07^ West, 389.15 feet; thence along said line,northwesterly along the arc of a curve, 305.51 feet, said curve having a radius of 698.19 feet and a long chord which bears North 83° 27'45" West, 293.31 feet to a point on a line 12.50 feet distant from and parallel with the centerline of track #185; thence South 85° 24' 44" West along said line, 281.29 feet; thence North 00° 00' 00" I , West, 224.58 feat; thence South 79° 43' 15" West along the common boundary line between Iowa-Illinois Gas & Electric Co. and the C.RLdt P. 500 feet;thence North 82°33' 39"West along said common boundary 418.58 feet; thence South 75° 6' 00" West 711 feet, more or less, to a line 30 feet easterly of and parallel to the north/south centerline of Section 30; - thence southerly along said line to a Line 12 feet northerly of and parallel to the centerline ', of C.RLet P. track #24; thence easterly along said line approximately 8,842 feet, more or less, to the west line of the East Half of the Northeast Quarter of Section 32; thence southerly along said west line to a Line 15 feet northerly of and parallel to the centerline of the C,RL& P. westbound/northerly main track; thence southeasterly along said line approximately 10,759 feet to a line oriented normally to said main track centerline located 927.5 feet southeasterly of the east/west centerline of Section 4, as measured along said 'VOL 733 i ci:135 15 — I ter, __ fV i N.? I CD t:7 � age 21 of 40) • t math trade centerline, Township 17 North, Range 1 East of the 4th P.M.; thence normal } rex-theasterly to a line 40 feet northerly of and parallel to said westbound/north math track centerline; thence easterly along said line to the West Hunk of the Rock River; thence northerly along said bunk to the east/west centerline of Section 3; thence westerly along said east/west centerline to a point 479.5 feet northerly of said westbound/northerly main track centerline, es measured normally to said centerline; thence northwesterly and parallel to said track centerline to the north line of Section 4; thence easterly along said north line approximately 84 feet to the east line of Wlershing's First Addition; thence northerly along it said line 422.73 feet; thence North 68° 45'West, more or less,for 152.85 feet;thence South , 25o 15' West, more or less, for approximately 207 feet; thence North 65° 15' West, more or less, for approximately-46 feet; thence North 30° 15' West, more or less, for 377.4 feet; thence North 74° 30' East, more or less, for 435 feet; thence North 25° 30' East, more or I• less, for 102.9 feet; thence South 72° 30' West, more or less, for 247.3 feet; thence North 42°45'West, more or less,for 645.9 feet;thence North 12°45'West,more or less, for 801.8 feet; thence North 31° 30' West, more or less, for 4-40.8 feet, to the Indian Boundary Line; thence easterly along said line 550 feet to the north/south centerline of Section 33; thence i north along said centerline 1,437.1 feet;thence North 85° 45' West for 2,453.2 feet;thence north parallel to the west line of said Section 33 1,952 feat; thence South 42° 58' West for 438.6 feet; thence northerly and parallel to the cent line of Section 32 for 15 feet; thence North 9°39'East for 191.4 feet; thence northerly and parallel with said east line of Section 12 to the north line of said section; thence westerly along said north section line 273 feet, more or less; thence northwesterly 270.24 feet along a circular curve concave to the • southwest and the radius of which Is 1530.86 feet to the most southerly point of that Tract 2 the C.R_LrcP. conveyed to Deere & Company in instrument dated September 22, 1966; thence North 80° 50' 11" West along the southerly line of said Tract 2 for approximately 3,848 feet to a point on said west line of the East Half of the Southeast Quarter of Section 29,being the Point of Beginning; all in the Southeast Quarter of Section 30, the Northeast 16 [VOL 733 rli.:l.0 6 r� a 114,019143 ._lCD N m fV CD t.o aye 11 of 40) 1 I Quarter of Section 31, the South Half of Section 29, the North Half of Section 32, the West Hntt of Section 33, the Southwest Quarter of the Southeast Quarter of Section 33, Township ; 18 North, Range 1 East of the 4th P.M. and all in the Northeast Quarter of the Northwest Quarter of Section 4, the Northeast Quarter of Section 4 and the West Half of Section 3, I I Township 17 North, Range I East of the 4th P.M. i I - Parcel 2: Commencing at the Intersection of the north Line of First Avenue,City of Silvis I1 and the west line of 7th Street,City of Silvis;thence North 10° 38'East along said west line of 7th Street,extended for 140.0 feet to a point on the north line of a recorded alley being • 20 feet In width; thence South 79° 22'East along said north alley line for 722.84 feet to the Point of Beginning; thence North 10°38'East for 432.95 feet; thence southerly and on a line parallel with the centerline of Grantor's westbound/northerly main track for 455.21 feet; thence normal southerly 282.95 feet; thence normal westerly 200 feet; thence normal li motherly 150 feet; thence normal westerly 255.21 feet to the Point of Beginning;all in the j so West Half of the NorthwestQuarter of the Northwest • Quarter of Section 32, Township 18 �' North, Range I East of the 4th P.M. Parcel 3i Commencing at the intersection of the north line of First Avenue and the west Line of 16th Street,as laid out and located in the City of Silvis, Illinois; thence South 79° 22' East for 218.0 feet; thence North 10° 38' East for 504.46 feet to a line 30 feet southerly from and parallel to the centerline of Grantor's southerly/eastbound main track; thence southeasterly along said line South 79° 23'West for 1004.83 feet to the Point of Beginning; thence South 10° 37' West for 72.5 feet' thence 180 feet along a curve to the left of radius 57.5 feet, and control angle of 180° for an aro distance of 180.83 feet;thence North 10°37' East for 72.5 feet to said lino 30 feet southerly of said main track centerline; thence westerly along the last line intersected 114 feet, more or less,to the Point of Beginning;all in the Northeast Quarter of Section 32,Township 18 North, Range 1 East of the 4th P.M. i iYCr.. 733 f,u137 17 • r`J CJ ,w J �. n� — — rl "'a 177 age 23 of 40) . Parcel 4, Commencing at the intersection of the west line of Section 33 end a line 17.1 feet southerly of and parallel to the centerline of Granter's southerly/eastbound main track; thence easterly along said line southerly of said centerline for 140.5 feet to the Point of Beginning; thence South 19° 15' Eest, more or less, for 476.8 feet; thence North 44° 15' East, more or less, for approximately 150 feet to said line southerly of said main track centerline;thence northwesterly along the last line Intersected for 435 feet,more or less, to the Point of Beginning; all in the Northwest Quarter of Section 33, Township 18 North, Range 1 East of the 4th P.M. Parcel 5, The Point of Beginning being the Intersection of the north line of Memory Lane ,' end the east line of Boulevard Avenue, as laid out and located In Carbon Cliff, 111inois; thence westerly along said north line of Memory Lane 83 feet, more or less; thence North 70 - 45'West,more or less, for 318.5 feet to a line 75 feet,more or less, westerly of and parallel to the centerline of said Boulevard Avenue; thence northerly along a curve to the right, being said line westerly of said Boulevard street centerline, to a line 40 feet southwesterly of and parallel to the centerline of Grantor's southerly/eastbound main track; thence . southeasterly alor.g the last line intersected 1415 feet, more or less; thence South 86° 45' West, more or less, for 318.78 feet to the centerline of First Avenue; thence northerly along the last line intersected, as extended, 400 feet, more or less; thence North 13° 45' West, more or less, for approximately 470 feet, to the south line of Section 33; thence westerly along said south line for approximately 270 feet to said east line of Boulevard Avenue, extended northerly; thence southerly along the last line intersected 319 feet, more or less, to the Point of Beginning; all in the North Half of the North Half of Section 4, Township 17 North, Range 1 East of the 4th P.M. and the Southeast Quarter of the Southwest Quarter of Section 33,Township 18 North, Range 1 East of the 4th P.M. ALSO reserving In favor of the Grantor the following easements, 18 VOL 733 i s • f� age 24 of 40) (A) An easement for roadway access across the right-of-way herein conveyed extending from the prolongation of the northwesterly line of Parcel 2 herein southerly 00 feet to a line parallel with said prolonged line;said easement to be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad operations; all in the West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 I North, Range 1 East of the 4th P.M. , I, (B) An easement for roadway access across the right-of-way conveyed herein being thirty ri feet on each aide of an existing roadway centerline which is normal to Grantor's westbound/north main track centerline located 944.7 feet easterly of the west line of Section 33, as measured along said track centerline; +said easement to be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad - i operations;all In the Southwest Quarter of the Northwest Quarter of Section 33, Toyer-ship i 18 North, Range 1 East of the 4th P.M. (C) An easement for roadway and utility access being 50 feet on each side of the centerline of Boulevard Avenue as the centerline of said Avenue crosses the right-of-way conveyed herein or as said Avenue centerline Li extended across said right-of-way; said easement to . be maintained at Grantor`s expense and utilized in such a way as not to unreasonably interfere with railroad operations;all in the Southeast Quarter of the Southwest Quarter of I � Section 33,Township 18 North, Range 1 East of the 4th P.M. • - r. West Liberty • Parcel 8, All that part of Section i2 lying northeasterly of a line fifty feet northeasterly 1' of end parallel to the centerline of Grantor's E. Des Moines to Davenport main track and lying northerly of a line 1320 feat southerly of and parallel to the east/west centerline of said Section 12,all in Township 78 North, Range 4 West of the 5th P.M. 1 1 i .VL 7331~.i1�9 1 19 F - i — — . , N en CD� e. c-.)-: - -i n N -rn 171 --~=k- N a- - 1 age 25 of 40) • Parcel 7: All of Grantor's Interest In its West Liberty to Cedar Rapids right-of-way being southerly of the south line of the North Half of the Southwest Quarter of Section 12, northerly of a line 50 feet northerly of and parallel to the centerline of Grantor's Davenport to E. Des Moines main track and westerly of a line 15 feet easterly of and parallel to the centerline of Grantor's West Liberty to Cedar Rapids main track; ell In the North Half of the West Half of the South Half of the Southwest Quarter of Section 12, Township 78 North, Range 4 West of the 3rd P.M. Parcel 8: AU of Grantor's interest In Outlot No. 10 of the City of West Liberty, and all of Grantor's Interest In Grantor's Columbus Junction to Cedar Rapids right-of-way lying easterly of said Outlot No. 10 and Iying southerly of a tine fifty feet southerly of and • parallel to Grantor's Davenport to E.Des Moines main track centerline; all in the Southwest Quarter of the Southwest Quarter of Section 12, Township 78 North, Range 4 West of the - 5th P.M. Parcel 9: All of Grantor's Interest In Lots 1 through 18 inclusive of Outlot No. 3 of the i City of West Liberty, being in the east four hundred feet of the north five hundred feet of the south one thousand four hundred feet of the west one thousand fifty feet of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the 5th P.M. EXHIBIT A {continued) Being particular descriptions of certain parcels described in general terms above and not within any exclusion to the property conveyed. BUREAU COUNTY,ILLINOIS Sheffield -" ". Parcel 1: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's eastbound main track end on the east line of Washington Street, produced southerly; thence northerly along said produced street line twenty-five feet; thence North 56 West, more or less, for two hundred nineteen feat to the southerly line of North Railroad Street; thence westerly along said southerly street line eight hundred eight feet to the easterly line of that tract conveyed to Continental Oil Company via Instrument dated July 19, 1968; thence normal southerly along said easterly line to said tine twenty-five feet northerly of and parallel to sold main track centerline; thence easterly along the last line intersected to the Point of Beginning) all in the South Half of the Northeast Quarter of Section 1rr9��, Townshipr16 North, Range 7 East of the Fourth Principal • Meridian. {VOL I JJ Kul.40 20 —r.; n N r- m -.; N i CD am,: 2E of 40) • ROCK ISLAND COUNTY, ILLINOIS • Rock Island Parcel 2t The Point of Beginning being on a line thirty-three feet northerly of and parallel to the East/West centerline of Section 38 and on the Southeast Ccrner of Lot 7 of Alvin , Hull's Addition to Rock Island; thence northerly along the East line of said Lot 7 to a line eighteen feet southerly of and parallel to the centerline of Grantor's southerly main track; thence southeasterly along the last line intersected to said line thirty-throe feet northerly of said East/West centerline; thence westerly along the last line intersected to the Point of Beginning; all in the South Elaif of the Southwest Quarter of the Northeast Quarter of Section 38, Township 18 North, Range 2 West of the Fourth Principal Meridian. • • SCOTT COUNTY,IOWA Davenport Parcel 31 The Point of Beginning being on the west line of Block 74 and on the north line of the East/West alley of said Block 74; thence easterly along said alley line one hundred fifty feet; thence northwesterly and at an interior angle of 45 to the last-described line to the intersection with said west Block line;thence southerly along said west Block line to the Point of llegtnning, all in Block 74 of LeCaire's Addition to the City of Davenport, in the Northwest Quarter of Section 38, Township 78 North, Range 3 East of the Fifth Principal Meridian. Parcel 4r The Point of Beginning being the intersection of the west line of Division Street and a line fifty feet southerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence easterly along said southerly line two hundred ninety-six feet, more or less;thence southerly and parallel to said west street line fifty-five feet, more or less, to a line twelve feet northerly of and parallel to the centerline of Grantor's Track 01; thence southwesterly along the last line intersected to the northerly prolongation of a line oriented at right angles to said Track ill centerl1n and located at the westerly end of said Track 01; thence southwesterly on an angle of 45 from the last line intersected to the intersection with a line twelve feet northerly of and parallel to the centerline of Grantor's main Davenport to Muscatine track; thence westerly along the last line intersected to said west line of Division Street; thence northerly along the last line intersected to the Point of Beginning;all In the Southwest Quarter of the Southeast Quarter of Section 27,Township 78 North, Range 3 East of the Fifth Principal Meridian- Walcott Parcel 5: The Point of Beginning being on the North/South centerline of Section 8 and on a line one hundred fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the westerly line of Main Street, produced southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last line intersected to the easterly lino of Henry Street, produced southerly; thence northerly along the last line intersected to said line one hundred fifty feet northerly of said main track centerline; thence westerly along the last line Intersected to the Point of Beginning;all in the South Half of Section 6, Township 78 North, Range 2 East of the Fifth Principal Meridian. 21 I VOi. 3 f to 14 f 1 C3 CD gt -C r Ern N C?^ '- f 0 e.j_ • ' Parcel 8: The Point of Beginning being on the centerline of Parker Street, as laid out and located in the Town of Walcott, and on the north line of Block 13, as Laid out and located En the Town of Walcott, produced easterly; thence westerly along said northerly Block line to the west line of Lot 2 of said Block; thence southerly along said west Lot line to a line twenty-flve feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along the last line Intersected to said Parker Street centerline; thence northerly along the last Line intersected to the Point of Beginning; all in the East Half of the Southwest Quarter of Section 8, Township 78 North, Range 2 East of the Fifth Principal Meridian. CEDAR COUNTY,IOWA Durant Parcel 7: The Point of Beginning being on the west line of Warren Street and on a line fiftyt northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said centerline to the westerly line of Howard Street; thence normal northerly for one hundred feet; thence normal westerly one hundred sixty feet; thence normal southerly one hundred feet; thence normal westerly to the east line of Clay Street; thence normal southerly to a Line twenty-two feet northerly of and parallel to said main track centerline; thence easterly along the lost line intersected to I • the westerly line of Warren Street; thence normal northerly to the Point of Beginning; all in the South Half of Section 38, Tow:nhip 79 North, Range 1 West of the Fifth Principal Meridian- . MUSCATINE COUNTY,IOWA Wilton Parcel 8r The Point of Beginning being on a line twenty feet northerly of and parallel to the centerline of Grantor's northerly main track and on the east line of Cypress Street; , thence easterly along said line northerly of said track centerline to the East/West centerline of Section 8; thence northerly along the last line intersected to a line fifty feet northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east tine of Cypress Street; thence southerly along the last line Intersected to the Point of Beginning; all in the Southeast Quarter of the Northwest Quarter of Section 8,Township 78 North, Range 1 West of the Fifth Principal Meridian. Parcel 9: The Point of Beginning being on the westerly line of Chestnut Street and on a line fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the easterly line of Lot 11 of Block 82 extended southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said track centerline; thence easterly along the last line intersected to said westerly line of Chestnut Street; thence northerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of Section 1, Township 78 North, Range 2 West and in the Southwest Quarter of Section 6,Township 78 North, Range 1 West of the Fifth Principal Meridian. IVO._ 733 t;Lf1/22 22 CZ) O D C7 co iv F • rrt -v J= tv • age 28 of 4O) � r f Parcel 10; The Point of Beginning being on the easterly line of Public Road and on a line ten feet southerly of and parallel to the centerline of Grantor's Track 04; thence easterly along the last line Intersected to the westerly line of Pine Street, produced northerly; thence southerly along the last line intersected to a line fifty feet southerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along the last line intersected to said easterly line of Public Road; thence northerly along the last line intersected to the Point of Beginning; all in the Northeast Quarter of the Southeast Quarter of Section 1,Township 78 North,Range 2 West of the Fifth Principal Meridian. AtaLissa Parcel 11; The Point of Beginning being on the East line of Oak Street and on a line two hundred feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along said line northerly of said centerline three hundred five feet;thence normal southerly one hundred fifty feet;thence normal easterly to the west line of Cherry Street; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east line of Oak Street; thence northerly along the last line intersected to the Point of Beginning; all In the Southeast Quarter of the Southwest Quarter of Section 1I,Township 78 North, Range 1 West of the Fifth Principal Meridian. Parcel 12; The Point of Beginning being on a line twenty-five feet southerly of and parallel to the centerline of Grantor's northerly main track and on the west line of Cherry • Street; thence westerly along said line southerly of said track centerline to the west line of Linn Street, produced northerly; thence southerly along the last Iine intersected to a line one hundred feet southerly of and parallel to said track centerline; thence easterly along the last line intersected to said west line of Cherry Street; thence northerly along the last line intersected to the Point of Beginning; ail in the Southeast Quarter of the Southwest Quarter of Section 11, Township 78 North, Range 3 West of the Fifth Principal Meridian. West Liberty Parcel 13; The Point of Beginning being on a lino fifteen feet easterly of and parallel to the centerline of Grantor's Cedar Rapids to Columbus Junction main crock and on a line fifteen foot northerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence northerly along said line easterly of sold Cedar Rapids to Columbus Junction main track centerline to the westerly extension of the south alley line of Block 4 of Moorehouse Addition to the Town of West Liberty; thence easterly along the last line Intersected ono hundred five feet, more or less; thence normal southerly eighty feet, more or less; thence South 36° East, more or lex , for eighty-seven feet, more or less, to the north line of Fourth Street; thence South 7 5' West, more or less, to a line fifty feet northerly of and parallel to said Davenport to Iowa City northerly main track centerline; thence easterly along the last line intersected to the south line of Fourth Street; thence westerly along the last line intersected to said line fifteen feet northerly of said Davenport to Iowa City northerly main track centerline; thence westerly along the last line intersected to the Point of Beginning; all track and streets as laid out and located in the Clty of West Liberty; all In the West Hail of the Southwest Quarter of Section 12,Township 78 North, Range 4 Went of the Fifth Principal Meridian. 23 Iva. 733 r.uc1u13 .71 ONININIM r.a �r -0 1 ■ i rn , age 29 of 40) JOHNSON COUNTY, IOWA Tif fin Parcel 141 The Point of Beginning being on the North/South centerline of Section 28 and on a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence northerly along said North/South centerline one hundred feet; thence easterly and parallel to said track centerline three hundred feet; thence normal southerly one hundred feet to said line fifty feet northerly of said track centerline; thence westerly along the last line intersected three hundred feet to the Point of Beginning; all in the North Half of the Southwest Quarter of the Southeast Quarter of Section 28, Township 80 North, Range 7 West of the Fifth Principal Meridian. IOWA COUNTY, IOWA ' Marengo Parcel 151 All of Grantor's interest in the South Half of the Southeast Quarter of Section 2Iying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. Parcel 181 All of the Grantor's Interest In the South Half of the Southeast Quarter of Section 25 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. Victor Parcel 171 All of Grantor's interest in the South half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the • Northwest Quarter of Section 19, lying northerly of a line twenty feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said Section 18, as measured along said track centerline; Township 80 North, Range 12 West of the Fifth Principal Meridian. Parcel 181 All of Grantor's interest In the South Half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the Northwest Quarter of Section 19, lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said Section 18, as measured along said track centerline; Township 80 North, Range 12 West of the Fifth Principal Meridian. • VOL • 733 I:ii J•4 24 • —1 L" t\) r" f" ["l"1 fV I r-� age 30 of 40) •• POWESIIIEK COUNTY5 IOWA Brooklyn Parcel 191 MI of Grantor's interest in the West Half of the Northeast Quarter of Section 23, lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying easterly of the easterly line of Clay Street; Township 80 North, Range 13 West of the Fifth Principal Meridian. Parcel 20; All of Grantor's Interest In the East Half of the Northwest Quarter and the West hall of the Northeast Quarter of Section 23, lying southerly of a line twenty-five feet southerly of and parallel to the conterino of Grantor's main track, Township 80 North, Range 13 West of the Fifth Principal Meridian. f• Malcolm • Parcel 21; The Point of Beginning being on the west line of Washington Street and on a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; thence westerly along said line southerly of said track centerline twelve hundred and five feet, more or less; thence normal southwesterly one hundred seventy-five feet; thence southeasterly and parallel with said main track centerline four hundred fifty feet, more or less, to the westerly line of that property conveyed to Leonard J. Dalton by the Chicago, Rock Island and Pacific Railroad Co. via instrument dated February 10, 1969; thence northerly along the last line Intersected one hundred fifty feet; thence easterly and parallel with said track centerline three hundred fifteen feet; thence normal southerly one hundred fifty feet; thence southeasterly and parallel with said track centerline five hundred fifty feet, more or less, to said west line of Washington Street; thence northerly along the last line Intersected to the Point of Beginning; all In the South Half of the Southeast Quarter of Section 26, Township 80 North, Range 15 West of the Fifth Principal Meridian. I ` Grinnell Parcel 22, All of Grantor's Interest in Lots 4, 5, and 6 of Block 19 of the Town of Grinnell lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; in the West Half of the Southeast Quarter of the Northwest Quarter of Section 18, Township 80 North, Range 18 West of the Fifth Principal Meridian. JASPER COUNTY, IOWA Kellogg Parcel 23; Tho Point of Begl-uiir$ being on the easterly line of High Street and on a line • two hundred feet northerly of and parallel to the centerline of Grantor's original main track; thence southerly one hundred seventy-five feet along said easterly street line produced to a line twenty-five feet northerly of and parallel to the centerline of Grantor's current main track; thence westerly and parallel with said current main track centerline • to the easterly line of West Street, produced southerly; thence northerly along the last line Intersected to said line two hundred feet northerly of said original main track centerline; thence easterly along the last line intersected to the Point of Beginning; 25 !VOL 733 tACLI.45 CD 41c7.3 4.11 • r-5 : rn -?a rn C_.,.5 o age 31 of 40) ALSQs An easement for buildings and other structures, which extend southerly of that line being twenty-five feet northerly of and parallel to said current main track centerline, said buildings and other structures not to be repaired or replaced if substantially damaged or destroyed: all streets and track being as laid out or monumented in the Jasper City • Addition and Blalr's First Addition to the Town of Kellogg; all In the North Half of the Northeast Quarter of Section 28, Township 80 North, Range 18 West of the Fifth Principal Meridian. Norton Parcel 24s The Point of Beginning being on the southerly tine of North 8th Avenue and on a Line fifty feet northerly of and parallel to the centerline of Grantor's track; thence westerly along said southerly avenue line one hundred ninety-five feet, more or less, to the easterly line of 1st Street North; thence southerly along said easterly street line one hundred fifty feet, more or less, to a line twenty-one and five-tenths feet northerly of and parallel to said main track centerline; thence northeasterly along the test line intersected to said southerly line of North 8th Avenue; thence westerly along the last Iine Intersected - to the Point of Beginning; ALSO, an easement for existing buildings and other structures which extend southerly of said line being twenty-one and five-tenths feet northerly of and parallel to said main track centerline, said buildings and other structures not be to repaired or replaced if substantially damaged or destroyed; all in the South Half of the Southwest Quarter of Section 27,Township 80 North, Range 19 West of the Fifth Principal Meridian. Parcel 25, All of Grantor's interest in the West Half of the Southwest Quarter of the Southwest Quarter of Section 27 lying northerly of a line ten feet northerly of and parallel to the centerline of Grantor's Track #14; Townsh!p 80 North, Range 19 West of the Fifth Principal Meridian. POLK COUNTY, IOWA Altoona Parcel 26, All of Grantor's interest in the north eight hundred feet of the Cast Half of the Southeast Quarter of Section 13 lying northerly of the southerly line of Second Street, westerly of the westerly line of Main Street, easterly of a line three hundred fifty feet easterly of and parallel to the west line of said East Half of said Southeast Quarter, and southerly of a line thirty feet southerly of and parallel to the centerline of Grantor's main track;Township 79 North, Range 23 West of the Fifth Principal Meridian. 28 — CID IVOL 733 04E146 c-);C _ r._.. N L,� CD 1 _ r~� . -1 N � ..«. t' o CD 7) age 32 of 40) t DALLAS COUNTY,IOWA DeSoto Parcel 27: All of Grantor's interst In the East Half of the Northwest Quarter of Section 30 lying northerly of a line fifty feet northerly of and parallel to the centerline of • Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. Parcel 293 All of Grantor's interest in the East Half of the Northwest Quarter of Section 30 lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. MADISON COUNTY,IOWA Earlham Parcel 293 The Point of Beginning being on the west line of Section 6 and on a lino twenty feet southerly of and parallel to the centerline of Grantor's main track; thence southeasterly along said line southerly of said main track centerline to the westerly line of Chestnut Street extended northerly; thence southerly along said street line to a line fifty feet southerly of and parallel to said main track centerline; thence northwesterly along the last line intersected to a line fifty-three feet easterly of and parallel to the easterly line of Locust Street; thence southerly along the last line Intersected approxi- mately one hundred fifty feet to the northerly lino of Lot 11, Block 18; thence westerly along said lot line to said easterly line of Locust Street;thence northerly along said street line to a line one hundred fifty feet southerly of and parallel to said main track centerline; thence westerly along the last line intersected to the westerly line of Locust Street; thence northerly along said street line to acid line fifty feet southerly of said track centerline; thence westerly along the last line Intersected to said west line of Section 6; thence northerly along said west line to the Point of Beginning; all in the Southwest Quarter of the Southwest Quarter of Section 6, Township 77 North, Range 28 West of the Fifth Principal Meridian. Parcel 303 All of Grantor's interest in the South Half of the Southeast Quarter of the Southwest Quarter lying northerly of a line twenty-five feet northerly of and parallel to • the centerline of Grantor's main track, lying easterly of the easterly line of Sycamore Street and westerly of the westerly line of Maple Street; Township 77 North, Range 28 West of the Fifth Principal Meridian. DALLAS COUNTY, IOWA Dexter Parcel 31: All of Grantor's interest In the Northeast Quarter of Section 31 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Clark Street extended southerly and lying westerly of the westerly line of Lyon Street,extended southerly;Township 78 North, Range 28 West of the Fifth Principal Meridian. Parcel 32: All of Grantor's interest in the East Half of the East Half of the Northeast Quarter of Section 31 lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track, lying westerly of the westerly tine of warren • 27 ;VOL 733 tg,E 147 f' c� o N - -13▪ N y i age 33 of 40) • • Street and lying easterly of a line one hundred twenty feet westerly of said westerly line of Warren Street;Township 78 North, Range 29 West of tho Fifth Principal Meridian. ADAIR COUNTY, IOWA Stuart Parcel 33: All of Grantor's interest In the North Half of the Northwest Quarter of the Northeast Quarter of Section 5,lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Adams Street produced and lying westerly of the westerly line of Park Street produced; Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 34: All of Grantor's Interest In the North Half of the Northeast Quarter of the Northeast Quarter of Section 5, lying northerly of a line fifteen feet northerly of and parallel to the centerline of Grantor's main track, lying easterly of the easterly line of Western Street produced northerly, lying westerly of the easterly line of Harrison Street produced and lying southerly of Front Street;Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 35: AU of Grantor's interest in the east six hundred feet of the North Hell of the Northeast Quarter of the Northwest Quarter of Section 4 lying northerly of a line twenty- five feet northerly of and parallel to the centerline of Grantor's main track; Township 77 North, Range 30 West of the Fifth Principal Meridian. GUTHRIE COUNTY, IOWA Menlo Parcel 36: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Adair Street; thence northerly along said westerly street line to a line one hundred fifty feet northerly of and parallel to said main track centerline; thence westerly along the last line Intersected twelve hundred forty-five feet, more or less, to the southeasterly line of that property the Chicago, Rock island and Pacific R.R. Co. conveyed to Menlo Elevator Company via instrument dated November 15, 1967; thence normal southwesterly along said southeasterly line to said line twenty-five feet northerly of said centerline; thence southeasterly along the last line intersected to the Point of Beginning; ALSO: An easement for buildings and other structures which extend southerly past said line twenty- five feet northerly of and parallel to said main track centerline, said buildings or other structures not to be repaired or replaced if substantially damaged or destroyed;all in the South Half of Section 27, Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 37: All of Grantor's Interest in the Southwest Quarter of the Southeast Quarter of Section 27 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track lying westerly of the westerly line of Adair Street and lying easterly of the easterly line of Sherman Street; Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 38: AU of Grantor's interest in the East Half of the Southwest Quarter of Section 27 lying easterly of the east line of Sheridan Street, lying westerly of the west line of 28 [VOL 733 i,6E148 D• n o c' ;> -t ._... N.) I age 34 of 40) Sherman Street and lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track;Township 76 North, Range 31 West of the Fifth Principal Meridian. Casey Parcel 39; All of Grantor's interest in the South Half of the Southwest Quarter of the Southeast Quarter of Section 34 end all of Grantor's interest in the East one hundred feet of the East Half of the Southeast Quarter of the Southwest Quarter of Section 34, both •1 lying easterly of the easterly line of McPherson Street, lying southerly of a line twenty- five feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of the westerly line of Russell Street;Township 78 North, Range 32 West of the ;. Fifth Principal Meridian. }i, CASS COUNTY, IOWA Anita Parcel 40: All of Grantor's interest In the east one thousand feet of the Northeast Quarter of the Northeast Quarter lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track; Township 77 North, Range 34 West of the Fifth Principal Meridian. I Mote Parcel 41: All of Grantor's Interest In the Northwest Quarter of Section 9 lying northwesterly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track end lying northeasterly of the northeasterly line of Front Street, as laid out and located in the Town of Mote.,Township 78 North, Range 35 West of the Fifth Principal Meridian. 1 Parcel 42z All of Grantor's interest in the South Half of the Northeast Quarter of the Northwest Quarter of Section 9 lying southeasterly of a line twenty-five feet south- easterly of and parallel to the centerline of Grantor's main track, lying southwesterly of the southwesterly line of East Street, lying northwesterly of the northwest line of Main Street and lying northeasterly of a line one hundred twenty feet southwesterly of and parallel to said southwesterly line of East Street;Township 76 North, Range 35 West of • the Fifth Principal Meridian. Atlantic Parcel 43: All of Grantor's interest in the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 5, both lying easterly of • the easterly alley line of Block 78 of the Town of Atlantic and lying westerly of a line fifteen feet westerly of and parallel to the centerline of Grantor's Track 11251 Township 76 .i North, Range 36 West of the Fifth Principal Meridian. • Parcel 44: All of Grantor's Interest In the Northeast Quarter of the Southwest Quarter of Section 5 lying easterly of the westerly line of Poplar Street produced northerly,lying ff westerly of the westerly line of Chestnut Street, lying northerly of a line two hundred 1 i 19 733 n t' iv01 F';tE149 I . ry • • CD$2 �1 rn 1 t,� age 35 at 40) I ' • feet southerly of and parallel to the centerline of Grantor's main track and lying southerly of a line ten feet southerly of and parallel to the centerline of Grantor's Tracie AB; Towrship 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 45: All of Grantor's Interest in the West Half of the Northeast Quarter of the Southeast Quarter of Section 5 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Linn Street, produced northerly, and lying westerly of the east line of Oak Street; Township 76 North,Range 36 West of the Fifth Principal Meridian. Parcel 46e The Point of Beginning being on the centerline of Linn Street, produced northerly and on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said main track centerline one hundred thirty feet, more or less;thence normal southerly cne hundred fifty feat, more or `• less, to a IL•ta ten feet northerly of and parallel to the centerline of Grantor's 11-ack #13; thence easterly end parallel to said Track #13 centerline approximately one hundred sixty-five feet to said produced street centerline; thence northerly along said street tt Centerline to the Point of Beginning; all in the Northeast Quarter of the Southeast Quarter of Section 5,Township 76 North, Range 36 West of the Filth Principal Meridian. Parcel 47: The Point of Beginning being on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Maple Street, produced northerly; thence easterly parallel to said track centerline one hundred seventy-five feet, more or less, to the southeast corner of that certain Commercial Street, Lot 25;thence normal southerly one hundred forty feet, more or less, to a line tee feet northerly of and parallel to the centerline of Grantor's Track #13;thence North 70 West, more or less, for approximately one hundred seventy feet to said west line of Maple Street,produced northerly; thence northerly along the last line intersected to the Point of Beginning,all in the Northwest Quarter of the Southeast Quarter of Section 5, Township 78 North, Range 36 West of the Fifth Principal Meridian. Parcel 48: The Point of Beginning being on the northerly line of Commerce Street and on the East/West centerline of Section 5; thence westerly forty feet, more or less, to the southwest corner of Lot 48; thence northerly along the west line of Lot 48, produced northerly, six hundred feet; thence easterly parallel with said street line three hundred sixty-eight feet; thence southerly and parallel with said west line of Lot 48, six hundred feet to said northerly street line; thence westerly along said street line to the Point of Beginning; all In the Southwest Quarter of the Northeast Quarter of Section 5 and the north one hundred feet of the Northwest Quarter of the Southeast Quarter of Section 5, Township 76 North, Range 36 West of the Fifth Principal Meridian. POTTAWATTOMIE COUNTY, IOWA Council Bluffs Parcel 49: All of Grantor's Interest in the Southwest Quarter of Section 38 lying easterly of the easterly line of 8th Street, lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line one hundred fifty feet, more or less, easterly of and parallel to the easterly line of 7th Street;Township 75 North,Range 44 West of the Fifth Principal Meridian. Parcel 50: The Point of Beginning being on the East line of Section i, Township 14 North, Range 44 West of the Fifth Principal Meridian at a point three hundred ninety-five 30 VOL 733 EttE15 0 C.") 1,.y "'t7 d 4 i i s� y Ri - � N age 36 of 40) -- - ---- - - - - - • feet, more or less, southerly of the East/West centerline of said Section 1; thsnce southerly along said east Section line ninety-five feet, more or less; thence North 51 15* East, more or less, for sixty feet, more or less; thence South 36 45'East, more or less, for five hundred and fifty-five feet,more or less;thence normal southwesterly forty feet, more or less, to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's yard ladder track; thence northwesterly along said line to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's Track #5; thence northwesterly along the last line intersected to a line approximately one hundred seventy feet northerly of and parallel to said East/West centerline of Section 1; thence easterly eleeg the last lino Intersected two hundred twenty-five feet, more or less; thence South 38 45' East,more or less, for approximately 731 foot to the Point of Beginning;all In the South Half of the Southeast Quarter of the Northeast Quarter of Seetlon 1 and the East • Half of the Northeast Quarter of the Southeast Quarter of Section 1, Township 74 North, Range 44 West of the Fifth Principal Meridian and in the West Half of the Northwest Quarter of the Northwest Quarter of Section 6, Township 74 North, Range 43 West of the Fifth Principal Meridian. Parcel 51: The Point of Beginning being the Northeast corner of the Northwest Quarter of Section 7; thence southerly along the east line of laid Northwest Quarter approxi- mately three hundred thirty-five feet; thence South 50 0' East, more or less, for nine hundred ninety feet to a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said track centerline nine hundred twenty-four feet, more or less, to a line fifteen feet northerly of end parallel to the centerline of Track #14; thence northwesterly along the last line intersected to a line which travels northwesterly along a series of lines being fifteen feet northeasterly of and parallel to the centerlines of Tracks H4, #27, #28, and i124 to the north line of said Northwest Quarter; thence easterly along said north line one hundred twenty feet, more or less, to the west line of Lot 18 of Mallet's Subdivision in Auditors Subdivision of Lot 5; thence northerly along said west lot line approximately five hundred ninety-two feet to the centerline of South Avenue; thence southeasterly along said street centerline approximately two hundred seventy-five feet to the easterly line of Lot 15 of said subdivision; thence southerly along said easterly lot line approximately one hundred eighty-five feet to a line one hundred sixty feet southerly of and parallel to said South Avenue centerline; thence southeasterly along the last line intersected to the easterly line of Lot 14 of said subdivision; thence southeriy along said easterly lot line to said north line of said Northwest Quarter; thence easterly along said north line approximately two hundred forty-five feet, to the Point of Beginning; all In the Northeast Quarter of the Northwest Quarter of Section 7, the Northwest Quarter of Vise Northeast Quarter of Section 7 and the Southeast Quarter of the Southwest Quarter Of Section 6, Township 74 North, Range 43 West of the Fifth Principal Meridian. JASPER COUNTY, IOWA , - Monroe Parcel 52: All of Grantor's interest In Lots 1., 2, 3, 4, 7,and 8 of Block 17 of the Original ;'own of Monroe lying northeasterly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; ALSO: an easement for existing buildings and • other structures which extend southwesterly of said line northeasterly of said track • centerline,said buildings and other structures not to be repaired or rebuilt if substantially damaged or destroyed; all In the Northeast Quarter of the Northeast Quarter of section 36, Township 78 North, Range 20 West of the Fifth Principal Meridian. I � vol. 733 I;b.d51 31 , © p esr.c-a, ,I C.) (-) d g MOM. ry 1 age 37 of 40) • • • Parcel 53: All of Grantor's Interest In Lots 1, 2, 3, and 4 of Block 23 of the Original 'town of Monroe lying northeasterly of a line twenty-five feet northeasterly of and parallel to the centerline of Grantor's main track; all In the Northeast Quarter of the Northeast Quarter of Section 38,Township 78 North, Range 20 West of the Fifth Principal Meridian. • Parcel 54r All of Grantor's interest In Blooke 24, 25, and 29 of the Original Town of Monroe;all In the Northeast Quarter of the Northeast Quarter of Section 38, Township 78 North, Range 20 West of the Fifth Principal Meridian and In the Northwest Quarter of the 1 Northwest Quarter of Section 31, Township 78 North, Range 19 West of the Fifth i• Principal Meridian. Parcel 55: All of Grantor's interest in Lots 3 and 4 of Block 31 of the Original Town of Monroe lying southwesterly of a line twenty-five feet southwesterly of and parallel to the centerline of Grantor's main track; all in the Northeast Quarter of the Northeast Quarter of Section 38,Township 78 North, Range 20 West of the Fifth Principal Meridian. MARION COUNTY,IOWA • Otley Parcel 56: All of Grantor's interest in the West three hundred feet of the North seven hundred feet of the Northeast Quarter of Section 22 lying southwesterly of a line fifty feet southwesterly of and parallel to the centerline of Grantor's main track and lying • northwesterly of the centerline of Keystone Street; all In Township 77 North, Range 19 West of the Fifth Principal Meridian. Pella Parcel 57: All of Grantor's interest In the West Half of the West Half of the West Half 0o thee Southeast Quarter of Section 11 and all of Grantor's interest In the East fifty feet of the East Half of the East Half of the East Half of the Southeast Quarter of Section 10, both lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line one hundred sixty feet easterly of and parallel to the West line of said Southwest Quarter of Section 11; Township 76 North, Range 18 West of the Fifth Principal Meridian. AUDUBON COUNTY,IOWA Brayton Parcel 58: All of Grantor's interest in the Northeast Quarter of the Northwest Quarter of Section 19 and the Northwest Quarter of the Northeast Quarter of Section 19, both lying northerly of the North line of Main Street and lying northwesterly of a line twenty- . five feet northwesterly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 35 West of the Fifth Principal Meridian. • 1v0_ 733 hLE252 32 O 1 - r- m age 38 of 40) _— --_.� — -- — --- —_ 1 Extra Parcel 59, The Point of Beginning being on the North Line of Section 4 end on a tine twenty-five feet easterly of and parallel to the centerline of Grantor's main track; thence northerly and parallel to said main track centerline to a line normal to said track centerline located fifteen hundred feet northerly of said North line of Section 4, as measured along said track centerline; thence westerly along the Iast line intersected one hundred twenty-five feet; thence southerly and parallel to said main track centerline to said North line of Section 4; thence easterly along said North line to the Point of Beginning; all in Lots 4 and 8 of that un-named section north of Section 4, Township 78 North, Range 35 West of the Fifth Principal Meridian. Parcel 60, The Point of Beginning being on a Line twenty-five foot easterly of and • parallel to the centerline of Grantor's main track and a line normal to said mein track centerline located fifteen hundred feet northerly of the North line of Section 4, as measured along said track centerline; thence easterly ono hundred twenty-five feet along said line normal to said track centerline; thence southerly and parallel to said track • centerline to the southerly line of Third Street, extended westerly; thence westerly along said extended street line to said line twenty-five feet easterly of said track centerline; thence northerly and parallel with said track centerline to the Point of Beginning; all in Lots 8, 11,and 12 of that un-named section north of Section 4, Township 78 North, Range 35 West of the Fifth Principal Meridian. Audubon Parcel 81, All of Grantor's interest In the east two hundred feet of the North Half of the Southeast Quarter of Section 20 and tho West ilalf of the Southwest Quarter of Section 21, hoth lying westerly of a line twenty-five feet westerly of and parallel to the centerline of Grantor's main track Fuel lying northerly of the northerly line of Broadway Street, produced westerly; Township 80 North, Mango 35 West of the Fifth Principal Meridian. Parcel 62s All of Grantor's interest in the West Half of the Southwest Quarter of Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track and Iying northerly of the northerly line of Broadway Street; ALSO, an easement for buildings and other structures which extend southwesterly past said line easterly of said track centerline, said buildings and other structures not to t{ be repaired or replaced If substantially damaged or destroyed; Township 80 North, Range 35 West of the Fifth Principal Meridian. 1. • Parcel 83; All of Grantor's interest In the Southwest Quarter of the Southwest Quarter of Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track, lying northerly of the northerly line of South Street and lying southerly of a line two hundred fifty feet southerly of and parallel to the southerly line of Broadway Street; Township 80 North, Range 35 West of the Fifth Principal Meridian. Parcel 84, All of Grantor's interest in the North eight hundred feet of the North Half of the Northwest Quarter of Section 28 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track;Township 80 North, Range 35 West of the Fifth Principal Meridian. ,VOL 733 1-41.153 33 a �.. - i f age 39 of 40) i i EXHIBIT A ' ZcontinuedT I Being a desc•ipUon of Certain properties including a railroad track,and including all rails, ,witches, frogs, ties, plates, spikes, ballast, sub-ballast and other appurtenances thereto, beginning near the Town of Bureau in the Northwest Quarter of Section 7, Township 15 North, Range 10 East of the 4th P.M.and terminating in the Southwest Quarter of Section 3, Township 17 North, Range 1 East of the 4th P.M. near the Town of Silvis as the f centerline of said track is more particularly described below; Bureau County, Qlinois Beginning at the intersection of the centerline of the Grantor's northerly main track and a { line normal to said track centerline located 134 feet northerly of the East/West centerline of Section 7, as measured along said track centerline (E.P.S. 8108+44, M.P. 115.64); t . ' thence westerly through said Section 7, Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 19 East of the 4th P.M.;thence westerly through Sectors 12, 1, 11, 10, 9, 8, 17, 18 and 7,Township 15 North, Range 9 East of the 4th P.M.;thence continuing westerly • through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.; thence I continuing westerly through Sections 36, 35, 34, 28, 27, 28, 21, 20 and 19, Township 18 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 24, 23, 22, 21, 20 and 19, Township 16 North, Range 7 Past of the 4th; P.M.; thence continuing I westerly through Sections 24, 23, 14, 16, 10, 17, 8 and 7, Township 10 North, Range 0 East of the 4th P.M.; Henry County, funds 'hence continuing westerly along said main track centerline through Sections 12,11,2,3,4, 5 and 6, Township 18 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range 5 East of the 4th P.M.; thence continuing 1 westerly through Sections 36, 35, 34,27,28, 29 and 30,Township 17 North, Range 4 East of the 4th P.M.; thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through Sections 13, 14, 11, 10, 9, 8 and 7, Township 17 North,Range 2 East of the 4th P.M.;thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, Illinois,Township 17 North, Range 1 East of the 4th P.M.; Rock Island County, tltnois 1 Beginning at the intersection of the Grantor's northerly main track centerline and the t Easterly line of Rock Island County; thence westerly along said track centerline, through Section 3 to a termination at a line normal to said centerline located 646.5 feet southerly of the north line of Section 4,as measured along said track centerline,(E.P.S. 9029+82, M.P. 171.03), Township 17 North, Range I East of the 4th P.M. Scott County, Iowa Beginning at the Intersection of the centerline of the Grantor's Davenport to Iowa City westbound(northerly)main track and a line oriented at right angles to said track centerline located 450 feet, more or less, westerly of the westerly line of Filmore Street,produced northerly,as measured along said track centerline (M.P. 183.84, E.P.S. 9710+00), as located In the South Half of the Southeast Quarter of Section 27, Township 78 North, Range 3 East of the 5th P.M.; thence westerly along said Davenport to Iowa City westbound(northerly) main track centerline through said Section 27 and through Sections 22, 21, 16,17,18 and 7; ( ell in Township 78 North, Range 3 East of the 5th P.M.;thence continuing westerly through Sections 13, 12, II, 10, 9, 4, 5 and 6, to the westerly line of Scott County, Township 78 North, Range 2 East of the 5th P.M. l' ,t I VOL 733 i'',CE 54 34 • • N l�^� - Yl C7 C� E i?- -. -i C; N j,_ e<;'1 r" Z? : 11 _ .-.1.- age 40 of 40) • e • , - Muscatine County,Iowa beginning at the intersection of the centerline of said westbound(northerly) main track and the East line of Muscatine County,being also the East line of Section 1, Township 78 North, Range 1 East of the 5th P.M.; thence westerly along said centerline through said Section 1 and through Sections 2, 3, 4, 5 and 6, Township 78 North, Range 1 East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th P.M.(being in Scott County);thence continuing westerly through Sections 38, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M.(being in Cedar County);thence continuing westerly through Sections 4, 5 and 8, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1, 3, 11, 10, 9, 8, 5 and 6, Township 78 North, • Range 2 West of the 5th P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 18, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.;thence continuing westerly through Sections 13 and 12 to a line oriented normally to said centerline located 439 feet northerly of the southerly Line of Section 19 (P.P.& 11668+78, M.P. 220.78) Township 78 North,Range 4 West of the Sth P.M. • r 1 , rl ri i voI. 733 nu 155 '` 1 ; 35 -<r' -t? rTi fTI - Transfer Fee S. 001 14 Recording Fee � ; $FI R NO I'AAMR ra. 1985 JUL-2 AM 9:47 QUITCLAIM DEED _ B3 RECSRAEit KNOW ALL MEN BY THESE PRESENTS That CHICAGO PACIFIC CORPORATION,a Delaware corporation, whose.principal place of business is 200 South Michigan Avenue, Chicago, Illinois 60604("Grantor"), In consideration of the sum of TEN DOLLARS($10.00)and other good and velueble.consideration,the receipt whereof Is hereby acknowledged,does hereby QUITCLAN,subject to the terms,conditions,reservations and • exceptions hereinafter set forth,unto HAi'fI8EYE LAND COMPANY,en Iowa corporation, whose address is P.O.Box 5399,Ceder Rapids,Iowa 52406,herein designated as"Grantee," all of Grantor's right,title and Interest,estate,claim and demand, if any,in the following described parcel of land situated In the C,otinty'of Jonson,State of Iowa,to wit: A strip of land of varying widths constituting the former line of railroad of the Chicago, Rock Island and Pantile Railroad Company, (Grantor's predecessor In title) and associated station grounds, yards, depots, stock pens, coaling and watering sites and borrow pits of Grantor's predecessor as same are evidenced, monumented and located through the following areas: Beginning at the intersection of the centerline of the Grantor's former main track and the Easterly line of Johnson County,Iowa being also the East line of Section 25, Township 80 North, Range I West; thence continuing Northerly through said Section 25 and through Section 26, the Northeast Quarter of the Northeast Quarter of Section 27,Sections 22, 21, 16, 9, 4 and 5, Township 80 North, Range 5 West; thence continuing Northerly through Sections 32, 31 and 30, Township 81 North, Range 5 West; thence continuing Northerly through Sections 25, 24,23,22, 15, 16,9,4 and 5 to a Termination of the North line of Section 5,being also the Northerly line of Johnson County,Iowa,Township 81 North,'Range 6 West. • AND Beginning at the intersection of the centerline of the Grantor's former mein • track and the East line of Section 25,Township 79 North,Range 5 West, being the Easterly line of Johnson County,Iowa;thence Westerly through Sections 25, 26,27,28,29,20 and 19,Township 79 North,Range 5 West,continuing Westerly ►v through Sections 24,13, 14, 15, 16,9,8,5 and 6,Township 79 North, Range 6 0 West; thence Westerly through Section I,Township 79 North, Range 7 West; , thence ffesterly through Sections 36, 25, 26, 27, 28, 29 and 30, Township 80 O O ucrth,Range 7 West;tl euro Westerly th u�h Sectio 25,24,23,22,21,20,17, L-) , ' 18 and 7,Township 80 North,Range 8 West ;;s . ---4 . AND nom<', Beginning at the intersection of the Grantor's former main track centerline and "<r+ R"T� the South line of Johnson County, Iowa, being the South line of Section 34, "rnt -t7 i , { Township 78 North,Range S West;thence.Northerl though Sections 34,27,22, - -, -a.- t+.�9 15, 10 and 3, Township 78 North, Range 6 Wes t thence Northerly through C)'I �,,,�,,/ Sections 34, 33, 28, 24, 22, 15,10, 11,l4 and 13, ownship 19 North,Range 6 . West; thence Easterly through Sedtions 18, 7, 8, 5 and 4, Township 79 North, �,. Range 5+,Wes thence Northerly through Sections 33, 34, 27 and 22, to a Termination at the intersection with Grantor's former Elmira to Iowa Junction -main track centerline in the South Half of Section 22,Township 80 North,Range • 5 West. REAL ESTATE TRANSFER 1 TAX PAID 1 STAMP i X 1'd8 Pni;(317 $ s� , • . • . - l •, a EXHI$IT r.e yTY 58 6 { | 1- E r) 2U OCT 12 PH 2: | | CITY CLEF iO WA CITY IOW A iEE | k} . i. klal_g 220 ; ,=§ ] ■\! x- ga §$/J § §_ ._,VP................�..,-,_§§§;§gi§E§ ga\� �_.,.---�M-- ®.-- tc0 \f§) . ~ 2 \4 \7k 5 r Ga,,\ !„ CC h3 c4 ` - �/ § J;3;====_;______:;____________====;m *)!}f / G�qQ=====2:3 «!§_§� - 58 = ¥&!. 00% I3)) )/� 8 I.d;ix ILFD E 20II OCT I2 PM 2: I I CITY CLE IO ACI �Y, IOReWA W pPNFmmm�OMONti W M�mO NmOfMp W mFFH.+N 010 r-I Ohm ODMF pN �O Vd N pWN nW W MM NIOtiO�4r="=„0,34„.1.„71::=NM W NO FF P n ti... mF ti�C M � 1/40 0 P m m M N.y W m m m O O P F F F F F F F N m T m m W m m A m O P O P N N P O O F N Or p p P O O m N 0 0 0 0 0 0 P 0 O!O O F N 0 m HNMM Nom+ N'r.a H+�mpY'9n NN N VlW�!'iP PM p W F F PP.-im.�00 pY mti�+W W.x+00�a W W Oi ti.-i N N.r... 4" ! I_ ED 21311 OCT 12 Pii2: I1 CITY CLERK 1011"A CITY. !0 NM PCO 0INNPMtp FO!•+10..SOI t�.N l�00 N,DTN„'N NN PNOiP PCONMN W OM,DNr+W'r"1'm'PMN W NN�000)O PNN NSD 00 PPT b 4I PMMW PN NDN wbti �P .......�PM.Ni Nn+NV W N W W NNYd W P W'PM.dwP��.�-1 O�OD W..... SPP PPP NN N ~ r-1 xlO N N i7 m P C7 m m N P.F.NOW.0 0 N N OI N P N h N N N N N N N M O-W N M m N M N N N N N N N N N N N[Y O N N F F N F F„ 0 OpW CDW r,1�NN NPtiNPMNHHti.rmm,mPPNPNtOPP<'N<•tih'tiO"N'�'PAtM PPPPPPPPPPPPPN4PPPPPPP • BOOK PAGE 64 385 47 59 37 13 150 456 208 175 37 13 47 64 97 69 47 71 47 74 47 77 43 315 47 79 47 81 47 82 47 85 47 86 43 324 47 88 47 479 47 480 44 594 38 417 49 54 146 206 43 330 43 383 43 319 43 316 43 317 10 223 43 327 62 433 62 361 34 602 45 177 53 616 49 53 65 433 44 600 44 599 184 300 67 595 T 525 95 607 45 528 84 146 70 409 49 53 208 104 The descriptions contained herein notwithstanding,the intent of this document is G C7-1 to convey all right, title and interest of the Grantor wherever evidenced, C-j {j monumented or located in the County aforesaid_ -^-4 j9..- �, i 5 BOC:t 118 P0CE321 62 The Grantor further reserves unto itself, its successors, grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means,except byrallroad,including but not limited to,pipeline,telephone,radio, radar or laser transmission systems wire,fibers, conduits,utility and energy transmission lines of every kind and character together with all necessary supporting devices which may be constructed,erected or installed in,on,under,above,across and along any portion of the premises lying within fifty(50) feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re-erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever, whether or not exercised, unless expressly relinquished in writing by the Grantor,its successors or assigns. The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3)miles in length in,on,under,above,across and long the property herein described and Grantee shall retain all rights es provided herein for those distances of less than three (3) miles in length. For the purpose of calculating mileage, the three(3) mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such line may extend Into the next contiguous county and is not limited to the property herein described. Notwithstanding any other provision of this instrument,the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described. r'J This conveyance is made pursuant to the terms of a Purchase Agreement dated ^r— C�) ›* April 29,1995,and the terms thereof shall survive delivery of this Quitclaim Deed. J711 r� -- l a 118 F1GE..1 �' BgJz. 6 63 IN WIT SS WHEREOF, this instrument is executed by the Grantor this Jill" day of 1 .1985. ATTEST: CHICAGO PACIFIC CORPORATION • L"-i.....-cam_ I Sey t+even Crown,Vice President r t`J BLit a STATE OF ILLINOIS ) SS COUNTY OF COOK I,the undersigned,a Notary Public,in and for the County and State aforesaid,do hereby certify that A.STEVEN CROWN,personally known to roe to be the Vice President of C ICAGO PACIFIC CORPORATION, a Delaware corporation, and AZ , personally known to me to be the 0 as Se etof said corporation,on,and personally known to me to be the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that as such Vice President and Secretary they signed and delivered the said instrument as Vice President and (,� z. Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and seal tads 41 day of ,1885. 7 0/0t Notary lc My Commission Expires: 5?av x.x/ ate; /987 -c3vv.-1 1 aw 7 64 aAP2i 8:23 v't. DEED of RELEASE s% Ci£CCROti2 KNOW ALL MEN BY THESE PRESENTS: That CHICAGO PACIFIC CORPORATION, a Delaware Corporation, Whose principal place of business is 200 South Michigan Avenue, Chicago, Illinois 60.604, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby remise, relinquish, release, and forever quitclaim to HAWKEYE LAND CO., an Iowa corporation, whose address is P.O. Box 5399, Cedar Rapids, Iowa 52406-5399, all its right, title, interest, estate, claim, and demand in and to all real property in Q in sen County, Iowa in which it has any such right, title, interest, estate, claim, or demand Whatsoever, wheresoever and howsoever evidenced, monumented, or located, it being the intent and purpose of Grantor to relinquish and convey unto Grantee all reservations, exceptions, and privileges reserved in a Quitclaim Deed made, executed, and delivered by Grantor to Grantee dated July 1, 1985, filed July - , 1985, and recorded (in Book 77F at Page 3)7 ) (as—Inst-Bement N . #s. •,_K• . x ) in the office Of theo(sv,Sck, County Recorder. C"jCa 71 This deed transfers certain permanent, exclusive longitudinal easements, and it is therefore excepted by Iowa Code (V section 428A.2(17) (1987) from the tax imposed on real estate { --� 3 u 1 transfers. r,r) N.) IN WITNESS WHEREOF, this instrument is executed by the Grantor this ,%:d ay of�Dtarcthi, 1988. N' CHICAGO PACIFIC CORPORATION CORPORATE William C. Terpstra, Exec. Vice Pres. ATTEST: Gk9 AfAA(Q) g. AI04b..7,4, Asst. Secretary 62 EXHIBIT STATE OF ILLINOIS) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public duly commissioned and qualified in and for the County and State aforesaid, DO HEREBY CERTIFY that William C. Terpstra an7Iy-x&r 4. yf4-1( to me personally known and knoWn to me to , respectively, the Executive Vice President and Assistant Secretary of CHICAGO PACIFIC CORPORATION, a Delaware corporation, and the identical persons whose names are subscribed to the foregoing instrument, appeared before me this day ill person, and being first duly sworn by me, severally acknowledged to me that they are, .respectively, the Executive Vice President and ASsistant Secretary of said corporation; that as such officers they signed, sealed, and delivered the said instrument in behalf of said corporation by authority and order of its Board Of Directors, as the free and voluntary act and deed of said corporation, and as their own free and voluntary act; that the seal affixed to said instrument is the seal of said corporation; and that said corporation executed said instrument for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official seal as such Notary Public, at Chicago, Illinois, this /.1-1,t—day of JtarCC, 1988. Not y pubILC in and the County of ook, in the State of Illinois My commission Expires: // a " OFFICIAL SEAL - . ? JUDITH A. HUFF KOMI NEW,STATE OF WNW MY OMISSION EXPIRPS 11/25!90 fJ • CD 17. p di IV EN) 2 ?.1i ;%'ri 26:3 r- 0 + ,37,,,1-,/Oo ///0 N in4'1 O 8./ i I I .1:4.." 140, • - 117 MED altal) • lY v —IY v t^'. :Yt gu,d.,,yf�1°`u./. •.ti:..•• .. / / 1 c 1 MELT 4- �_? i cs— • 'yei,: C '4 A LA IVL s: 1c 7 / - L--- - WiZa) lair / 16 VW/. . ; �.0 y =moi- - - ------- AWO L - a ,t 11 ���� " 'u'*• Tfe t / �_-/ INSTALL 31.6 TONS OF S e 0 - I a ` .y; hf:J�e 3_ 5 'E' REVETMENT ��� r 1 I- ,+� Z . -44 / MA/jpE' ti,,, I u �7 /�/// REFER TO 0 SHEETS FOR / �1^ / /// R1GHT-OF-MAY INFORMATION . Fig INSTALL 21.6 TONS OF I ~ . monammown . , .....y •' CLASS 'E REVETM T r� EXIS 1NG GR}�.soma snoop! ,f G80 1. . - �� i�����1 1{'O �®® ---- ___`s;:' 675 '. .y"i ®0� 11_0_ _— —w $ ��®�ed��n�o'w , SWIM Yf���, �� ,®� �tlH1�llBstr � ....„..,, anoinanionalmil :r ......... ...... TIME S-A ��61N., �::511;f0 R.71040!!pE'E�.�v' 6i6•P3 - �, ., 871. 0.d 11 ST.A;SOrEr7.2t ai:50..R Fl,.7N.: i7A.30;R A2.. ;;: RIH::LE • P.r.67 .35:�3t:I FL'.DUTt 67.1.TO.R X3: NENE rt: s:3:R:u:' ertTor4 CAA'6n 6a. EXHIBIT BOLT 07.2 6 7.13:. WELL .: l ... .. ::.:::::: ::: .. ::::1 .:..:.::. .:::::::. :::'::... ..: ....:.::. :..:::.:: ....':... .::..::.. ..::..::: �.... ::.:.. , +„,' ABSTRACT cza fl CD -r7r. CIPA.1.• IND -< -0 " • rszin ,aa as, • rs) •• rN) EXHIBIT ,' Viz_ DTE 10 RECORD .� n / A / ! ilwi / ;,44/i,' / / H . 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S '- I i � 5 ;..�.yC_.`- i /e/Ar 4rr1r.,.9ftr.I/rv✓y/.p..G..n,..4r�..w/, 1,(4,.:,d/raa...(/r:Ar.{.✓4/a../id"`rdrSiiae�r.6.- �J aI '� } •:/r�/ar�'n.,l,�....tii.•duratl/r/w•r✓l.lc.ra A/r•k/.Jiii.�yan.L yrnr w4,1'?,..fl a '� mo i L/.fel//�!! ail/o.1;t l �jfr`J, / ,,�j " /. / r IN) ll � ` / 1 Veit/ir•/..4n✓n.' �aM' C: i -_,,,,:i..-:•1•,,,,-1-.:...,,,. 1170.gnat!n•A/I l:�,r,../i...f e4 . ) , r... -.- It _ , I c [ - -Tq" *„--f in and for' County,Iowa, hereby certify that-__...thin.O_YS.e.Y..N9.i..AlS • is a true copy as the same appears of record in my office Book.a.S7czt PaSce732-sal341 the Records of said County. This-it..day of f _ .firarc A.D.,.,^19-202.- •-/,2 1r g p r;mrntrqt tlurdin Ceonty, kiw JC.tzt,-x,� /51 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION '84 J111 -1 A8 :04 In the Matter of MMArlil COLIBIY.?a; : CHICAGO,ROCK ISLAND AND In Proceedings for the KEIDI YAR PAT TER..:' PACIFIC RAILROAD COMPANY, Reorganization of a �cjz'...503N Railroad. r]0)5�v�_:::' Debtor. No.75 B 2697 CaSc ORDER NO.678 CONSUMMATION ORDER AND FINAL DECREE This cause coming on to be heard this 19th day-of April, 1984,upon the PETITION OF WILLIAM M.GIBBONS,THE TRUSTEE('Trustee")OF THE PROPERTY OF CHICAGO,ROCK ISLAND ANI) PACIFIC RAILROAD-COMPANY,DEBTOR,("Debtor")FOR ENTRY OF ORDERS CONFIRMING AND AUTHORIZING CONSUMMATION OF PLAN OF REORGANIZATION AND OF FINAL DECREE(the"Petition")and It appearing to the Court and the Court having found that due notice of the pendency of said Petition and hearings have been served upon all parties entitled to receive the same es prescribed by the Court and the Court having considered the entire record in these proceedings,and it further appearing to the Court and the Court having found that: 1. This Court has exclusive jurisdiction of the Debtor,the Trustee,and their properties,wherever located. 2. This Court has exclusive jurisdiction of all claims,rights,demands,interests,liens,and encumbrances of every kind and character of creditors and stockholders of,or claimants against,the Debtor,the Trustee, and their properties,whether or not properly or timely filed and whether or not adjudicated, approved or allowed in these proceedings. 3. The 1983 Second Amended Plan of Reorganization for the Debtor(the"Plan")was duly approved on December 22, 1983,and confirmed on April 19, 1984,pursuant to Order Nos.642 and 677,respectively, and inter alit provides that the existing corporate entity of the Debtor shall function as the Reorganized Company("The Reorganized Company"),the name of which shall be Chicago Pacific Corporation. NOW, THEREFORE. THE COURT BEING FULLY ADVISED IN THE PREMISES DOES HEREBY ORDER AND DECREE AS FOLLOWS: N UI. APPROVAL OF DOCUM sat V DIRECTORS ANDEI ' DUCIARIES AND AGENTS, INVESTMENT BANKER 0 1 01 Appno,rl of Doeunrenrr. Court hereby approves the forth and substance of each of the following H z zdocuments,as filed with this Court in connection with the Petition and as further amended by any reports Li y aof William M.Gibbons,the Debtor's trustee,to this Court to the date hereof,and further finds that such d E, �+ ocumrnts arc in all respectsin accordance with the true intent and requirements of the Plan and are _ N CD CD a-,f�l -appropriate and proper to carry the Plan Into effect: tri zil (a) Restated Certificate of Incorporation of Chicago Pacific Corporation,includinga c-.) , e�a • of the par value of the Reorganized Company's common stock from that set forth in the Plan; K --1 �— c ` ' modification --� (b) ByLaws of Chicago Pacific Corporation; s�1 N r (c) Indenture ofM �,n ed as of he Consummation Pacific Corporation and The gFirst dNationaleed of TBank ofrust, tChic gotproviding for Series Date, Bonds andlSrrigec - �7 B Bonds(the"Mortgage") including the forms of Series A (U Bonds and Series B Bonds; v/ 302 --2 n*36.o a Yz N • 3 (d) Indenture dated as of the Consummation Date between Chicago Continents) Illinois National Bank and es : and Series l Ill ois NatiTrust Company of Chicago n Pacificr Corporation and Debentures; (the "Indenture"), includingg providing for Series A De the forms of Series A Debentures and Ser csr]? (e) Form of Letter of Instructions to the Fiat Bank of Chicago) wtth respectMortgage Bond Claims Agent (The First National attached thereto, to the Debtor's Series A and Series C, Transmittal; forms of Notice of Exchange and First Mortgage Availability of Distributions Bonds and, .,s (� Form of Lector of Instructions to the Income Debenture Claims Letter of ois Nation)! Bank and Trust attached k and Companyoof Chicago) with respect to the Debtor's Incotne Debentures and, d as alta jttal; Notice of Exchange and Availability of Distributions and I.ctternuif (g) Foran of letters to claimants including and dg)ignation fore tees to and discharge of notice in distribution date, a Classes B, C and instruments of release (h) Form of instrument of satisfaction of the Debtor's First Mortgage; D, P, F, I, and K; (i) Form of deed conveying to Chicago Pacific Corporation;all right,title,and interest of the Trustee in 8 and to the Debtor's properties • (1) Forza ofinstrument of assumption b and The Peoria and Bureau Valle Y Chicago Pacific Corporation of the lease between the Debtor Y Railroad Company; (k) Indcmnification Resolution of Chicago Pacific Co (1} Notice Conieporation; relatingng exchange and availability of cash and securities,concernin rejected executory ng bar date for filen contracts,and concerning to capacity; 8 holders of eland's g of claims against the Debtor's Trustee in his Individual . Cm) Notice of Bar Date with Res The doe Respect to Exchange of Securities. documents a provisions of approved above are interpreted in a construction any documents approved above involve a manner consistent with the Plof. InsofarPlas the interpretation is hereby approved. COnsiruction I.Oz Poor interpretation of the Plan, such document* tree to Make Certain Additions and Corrections. ruts Power to in Section 1.01da Before the execution, of any make or cause to be m any nary above, the Trusteee delivery any additions,and to graphical or clericalcorrections, oRrest ons, Company arc ankh,icd to change the substance makeeOafny clarifying or conforming changes irtc such d ons, a fill inch doblaot atto make 1.03 ,! documents which not materially PPmral of• g and Fiduciaries, Seels Poetical The following are hereby approved_ of Debtor's First Exchange eat or Flducl The First National Mortgage Bonds Bank of Chicago ofClaimbtoAgent for Exchange _ Debentures Continental Illinois National Bank o come and Trust Company of Chicago Indenture Trustee `.) Series A and under :: o of Series R Series B Bonds The First National Bankt eorgantzcd of Chicago -C —t Indenture T Company — Series Trustee under -n tv �� Debentures Seriesd B Continental Illinois National Bank _ t-- 0 es of the and Trust Co -<'ri Reorganized Company Company of Chicago C3-? Th of claims e R�rganized Company > _ Classes B is authorized to act and is $ N C. D, E. F, I. and K. approved as its own exchange agent in respect `- , .2 ,r2oe 9.3 4 • 1.04 Approval of Directors and Investment Banker. (a) The following persons who have been duly selected by the Trustee of the Debtor pursuant to Section 7.1 of the Plan to serve on the initial board of directors of the Reorganized Company,arc hereby constituted directors of the Reorganized Company to serve as provided in Article Fifth of the Restated Certificate of Incorporation of Chicago Pacific Corporations Thomas G Ayers Newton N. Minow • • Lester Crown David H. Murdock William M. Gibbons Jackson W. Smart,Jr. George P. Jenkins Neele E. Stearns, Jr. Paul R.. Judy Durward B. Varner Harvey Kapnick The Trustee is directed to convene the first meeting of the Board on April 20, 1984, in his headquarters,332 South Michigan Avenue,Chicago,Illinois 60604 at the hour of 10:00 A.M. is authorized to satisfy in his discretion at any administrative is authorized 3350,000 as Clara time prior to the Consummation Date u The Trustee A Reorganization Expenses, such expenses to be first approvedp to and sum to be limited to annual premiums if anyshall become by the Board and to any direto fees due and payable for directors'liability insurance and and expenses or officers' compensation which shall accrue for such period. Section,1.17 f the Plan to servepas ress' Inc. is herby constituted odefined uted the Investment Danker as in provided in Section 4 of the Plan. H. CONSUMMATION DATE 2.01 Consummation Date. " 1, 1984. Consummation Date", as defined in Section 1.6 of the Plan, shall be June close2.02 Closing and Opening Books. The Trustee shall cause the books and accounts of the theclosed as of 11:34 P.M., C.D.T., on the day prior to the Consummation d edas Reorganized11: Company shall be opened as f Date. The Debtor to be 12:00 A.M., C.D.T., on the Consummation Date. and ounts of III. TRANSFER OF PROPERTIES 3.01 Capitalization of the Reorganized AND DISCHARGE 0y be,are sotto rganized Company, The Trustee and the Reorganized Company, caseof In authorized and directed to take any steps necessary Incorporation of the Debtor so as to and appropriate P Y, as the of proferred stock, provide art authorized capitalization cconsisting t g amend the Certificate par value 51.00 per share pitaommo consisting value 1.0 and(c)"Securities"(as defined In the Plan)in a}��S�'�shares of common stock, 200,000 shares on the-Reorganized (amp nrthe the plan$ gate principal amount necessarypar fulfll ll the per share; 31. 1984). (proJectcd to be no greater than b3 3umi11ion as of obligations 3.02 Vesting or Turn of Debtor's'I' sfer of Properties. Effective as of the laws the Trustee in and to the propertyestate of the Consummation a ali right,title and interest the any state or the decision or order onstate authority to'Debcon�of eve to, vest in andrkind and nature, shall,sfethe to,expresslybecome �0 absolute property of the Reorganized Company notwithstanding, assumed the in paragraph 6.03 below, be transferred interesatter and serop y and shall, except hasatisfied man or of everybe free and clear of any and all s. filed and liens r encumbrances not asserted, kind and character whets claims,right properly demands without]imhet er ail li acknowledged, adjudicated, or allowed in these pro eedingsther or not including.r of the Debtor or the Trustee.and encumbrances which have attached to proceeds from the he sale of any 3.03 Conveyance Property the Reorganized ve from the Trustee of the Debtor. property of the Debtor, of the assets and In furtherance and in confirmation of the transfer to props Company a deed ebtor,transferring designees,are authorized and directed to execute and deliver to the Reorganize to it all such assets and property, the Trustee of the deed will be substantially in the formP raph effective as . the Consummation Date. Stich` the Debtor,or his deal approved in paragraph 1.01 jdam, Gibbons, gni,are authorized and (} above.mThem Trustee of the r byindividually,and such other directed prior to the p 0{Sert�• pf`— G instrument in persons as the Trustee Consummation to actction Date,aand 1e `-� ___ writing prior to such may designate to on behalf of the'1` h4 -i i Consummation Date, arc authorized and nd directed if-ter thc� IR""• 3 • cc�5z N3rp t.J 5 Consummation Date,if necessary,to execute and deliver to the Reorganized Company any and all such further deeds,conveyances,bills of sale,assignments, transfers and other instruments as may be necessary or proper f Y for more fully and certainly conveying, assigning, transferring and delivering to the Reorganized Company all of the right,title and interest of the Trustee of the Debtor in and to the properties formerly of the Debtor. 3.04 Disposition of Funds Held by Trustee, Indenture Trustees, Paying Agents, etc. Without limiting tile generality of paragraph 3.02 above,effective as of the Consummation Date,all of the funds held by the Truster in such capacity and all of the funds of the Debtor including without limitation(i)funds heretofore deposited by the Trustee, the Debtor or their predecessors for the payment interest coupons, or dividends; (H) funds representing proceeds from salesal ofproperties f of the tDebtor and (iii)funds held pursuant to orders of this Court by any and all indenture trustees,paying agents,escrow agents or fiduciaries, shall vest absolutely and without restriction in the Reorganized Company and shall he paid over by each such person or entity holdinganyg � Such each to e ti such funds to or upon the order of the Reorganized Compny. liabilitypayof any Upon the order of the Reorganized Company shall be good and sufficient discharge Of any such person or entity for such funds or the application thereof. 3.05 Discharge and Release of Claims. Except as satisfied or expressly assumed as provided in Section 6.03 below, the Debtor, the Trustee and the Reorganized Company shall, as of the Consummation ,discharged and released forever from: Date, be • (a) all obligations,debts,liabilities,claims and causes of action against the Debtor, whether or n filed or presented,whether or not approved,acknowledged or allowed in these proceedings and whether or not provable in bankruptcy, c t including without limitationorall claims assumed or gttasarttcctJbytltc Debtor or enforceable against the property of the Debtor. (b) all obligations, debts, liabilities and claims arising from costs and expenses of administration, whether or not filed or presented and whether or not approved, acknowledged or allowed in ese proceedings,including without limitation all taxes, +ntstration, units or agencies, wheriever assessed assessments,the claims and other charges of governmental accruing prior to the Consummation Date; and (c) all obligations,debts,liabilities and claims with respect to all bonds,coupons,debentures, certificates, evidences of indebtedness, shares of stock, securities and leases (includingin and dividends declared), notes, without limitation as to their nature and whether made,assumed or guaranteed by the Debtor or the Debtor's Trustee or enforceable against any of them or theproperty iciest accrued 3.06 Dischargeand Release ofhlortgages. of instruments entered into byfMorrgages. All mortgages, any andof them. the Debtor or its 8 sa,and the Debtor'sures,collateral truste, thatindentures other heretofore constituted a lien on any of the property the Trustee, now constitute or all mortgages, indentures, pe y of the Debtor, other liens of record on such property, collateral trust indentures and+�covenants therein contained aha or Instruments supplementing or satisfied, moat released, ll,as of the Consummation Date,become,and hereafterrtforever remfying the ain. confirmation discharged,such cancelled, null and void and of no effect whatever. In uch mortgages, discharge and release of mortgagee 8 ges, indentures, collateral trust Indentures or other e instrumentsd isherteby au authorized direct and execute and deliver as of the nd ed to execute and n the forms Consummationacting under tion eti Date deeds oa instruments such a discharge and satisfaction Reorganized Company approved In Section 1.01 above and to take all such action as the Trustee or the executed may request to enable such deeds or other instruments to be duly recorded. Whether or after the Consummation Date sumr beforefoDate From and after the Date, each of said instruments shall be effective as of the Section Consummation 3Ad, such mortgagen Consummation Date, u Sd relieved eachshall be released and each Indents a trustee shall be discharged as a trustee indentures ofall i authorized obligations, responsibilities and duties. provisionsn compliance with the s this indent res is d directed to transfer, convey, Each and de acting under such mortgages se Rdis Company as of the Consummation Date all sumsof money in to or upon position,as trustee,payingagent, P n the order of the of stock, eviden 8 escrow agent or fiduciary, money its hands,above,or subject to its ccs of indebtedness, other securities, 4'.as provided in Section 3.04 res of stock of every kind indebtedness, ess held or claimecredits arr and all sea and The execution every of instruments.description and the transferor claimed ihoses in action on and otherescrow property, ri be solely for the uby it as trustee,paying agent, agent purpose of releasingand delivery of properties or f da shah" be Saes have and conveying to the p pertled pursuant , this whateer- sha11 as trustees, paying agents, escrow a Reorganized Com Witton 3.(�sh;lll ...;.�•, be implied against or be gents or fiduciaries, and no Company, l cov Al rel)resTsuch assumed or undertaken bypersonal cov any such trustee byvirtuecrrSrTY t ,.... • of c jir liability out�'�ric� w�tDthis 4 .c") 6 Order.Each such trustee is hereby further authorized and directed,from time to time after the Consummation Date,to execute all such other and further instruments of discharge,release,satisfaction, transfer,conveyance or usigrrrrcnt and to make all further transfers and deliveries as may be required for more fully and certainly vesting in the Reorganized Company all right,title and interest of such trustees and for more fully and certainly accomplishing the release,discharge,cancellation and satisfaction of the instruments under which such trustees were respectively appointed and acting. 3.07 Cancellation or Destruction. The Reorganized Company is hereby authorized, from time to time, in its discretion to cause the cancellation or destruction of all bonds,coupons, debentures, notes, certificates, evidences of indebtedness, and other securities or evidences of interest therein (i) that evidence claims surrendered to the Reorganized Company by any of the holders of such instruments for exchange for cash payable or securities issuable under the Plan or(ii) issued under any of the mortgages, indentures, deeds or agreements referred to in Section 3.06 above. 3.08 Discharge of Trustee: (a) The periodic reports of revenues and expenses and balance sheets filed prior to the date of this Order by the Trustee pursuant to paragraph 8 of Order No. I in these proceedings arc hereby accepted and approved. As of the Consummation Date, the Trustee shall be discharged, his bond released, and he shall be relieved of any further duties and responsibilities in respect of the administration of the property oy the conduct of the business and affairs transferred to the Reorganized Company on the Consummation Date.Thereupon, p perty the Trustee shall no longer have any power and authority or duties and responsibilities to take any action on behalf of or in respect to the Reorganized Company or in respect of the implementation of the Plan,provided, however, that the Trustee is authorized and directed to prepare a final report as provided in Section 7.04 below. (b) Any person, firm or entity who failed, as required by Order No. 669 setting a hearing on the Petition, to file, within the time provided thereby, any claim or action of any nature whatsoever arising prior to the date of entry of said Order against the Trustee of the Debtor, not in his capacity as such Trustee, but in his individual and personal capacity, based on any alleged act or failure to act on his part in respect of theoperation of the Debtor's business,the reorganization proceedings and the liquidation and administration of the Debtor's estate arising, be and each of them is hereby forever barred from asserting any such claim or action against the Trustee, the Debtor, or the Reorganized Company. Trustee of the propertyg of the Debtor, the Debtor, and the Reorganized Company be and each of them is hereby forever discharged and released front any liability with respect to any such claims or actions. Any such claim or action which may arise subsequent to the date of entry of Order No. 669 and prior to the Consummation Date shall be filed with the Court and served upon the Trustee and the Reorganized Company not later than thirty days after the Consummation Date or be forever barred. Any such claim or action shall be in writing and shall state with particularity the nature of the claim or action and the once relief tthe:ought NWall Street Journals pll iomor o t ceeons)Consummation Date the Trustee shall publish a notice in the form approved in Section 1.01 (t)above. IV, CAPITALIZATION, DISTRIBUTION OF CASH AND NEW 4.0I Capitalization of the Rco SECURITIESrganized Company The Reorganized rnmon Stock of the Debtor, to have outstanding the follawin authorized to issue or, in the ease of Co Consummation Date: g securities as of the Series A Bonds in the aggregate principal amount of no more than , Series A Debentures in the aggregate principal $26,346,000 amount of no more than Common Stock of the Debtor .. 536,484,0 In addition, the Reorganized Com 2,921,162 shaleess Pant is authorized to issue Preferred Stock and Coma �)I Certificate of Incorporation of the $tockitn * accordance with the Restated 4.02 NoticcojDistribution ofReorganized Company. _ the retests orNotice the Reorganized Cash and Securities. Not Inter than ten days 7 the Trh ustee Sxrrthes, core 'folders CIoo apany p of shall publish Related to RejectedoncContracts prior n e nsumrn tion 0 ClaimsNotice concerning Exchange and tCbili[ytof t and conccrnHlg.{rilinS'of 5 r,„:, ._.� Claims Against the Debtor's Trustee In his individual Capacity (the "Notice"). approved punt to Section 1.01 (1)above,and shall cause to be mailed a copythe Notice to inthe fond holder of bonds or debentures of the Debtor and to each person at his last-known address who has advised of the Notice each record the Trustee that he is an owner of a bond or debenture in coupon form. The Trustee shall take such steps of may be necessary and desirable to close, as of the Consummation Date, the transfer books and registers in respect of such bonds and debentures.The Notice shall be published once in The Wall Street Jourr domestic editions). Additionally, not later than ten days prior to Consummation Date, the Truster. or the Reorganized Journal (all Company shall cause to be mailed to all holders of liquidated claims in Classes li, C, 1), L. I and K letters substantially in the forma rovedpursuant to Section 1.01 PP I . 4.03 Issuanee and Delivery of Securities and Payment of Cash. (g) above. (a) The Reorganized Company and the fiduciaries and agents referred to in Section 1.03 above shall, as promptly.as practicable and in accordance with the in _ etions to the provisions of this Order and the Plan, execute the instruments and documents r • tions of the Reorganized Company given ted to the issuance and delivery of the Securities of the Reorganized Company and the distributions substantially in the respective forms approved in Section 1.01 above and authenticate.cissue s and deliver the Securities in accordance with and as contemplated by payment of cash 1.01 above and in accordance with the provisions of this Order and the Plan. To the extent ,allowed on the principal of anyclaim, it will the documents approved in Section P cease to accrue on the Consummation Date. interest is (b) As of the Consummation Date, the Reorganized Com an t Y shall set aside and shall hoposit in trust in a segregated account designated"Claim Disposition Trust Account"and shall invest in short-treed securities of or fully guaranteed by the United States such amounts of cash and investments as may be necessary to implement the Plan and this Order for the following purposes and in the following estimated ,d amounts: • � ose Estimated Amount, Payments to claimants in: Class A (as of May 31, 1984) Class B S 12.619,000 Class C 653,000 • Class • 398,000 D Class E 3,063,000 Class F 6.553,000 Class 06,190,000 Class I 65,248,000 • Class J 59,000 51,950,000 • Class K The Reorganized Co 5,825,000 provision rnpany shall also set aside in trust as aforesaid and make arran trite of Class p and J immediately available funds for payment in cash in lieu of fractional Securities S ts fur the andA11 of such cash and lnvgtments set aside}n trust for the pur osesttfclaint;trttsl and additions thereto which the Court may _ , J any additions cto prescribed ir1 tt di N { ) shall, J P prescribe pursuant its reservation �r'rgn�,li. Vyl Sectio below, subject to the provisions of Section 4.04 and encumbrances whatsoever, including, below, +► dre4'dn `IM g but not limited to, liene free aMdirar gII lit,IC (c) Upon Consummationthe of the M'oF ,, as prescribed in thesubparagraph Date, the Reorganized Company " .1..7 ger-- in prescribed dual ca (b)above,de shall, out l funds set' sidcin trust pacify as indenture Trusteeposit in trust with the First National Bank £set lcag �crti t hereunder, and with the Continental Illinois National Bank and trust of the Debtor's First Mortgage Bonds and as Claims Agent its dual capacity ' p y as Indenture Trustee of the Debtor's Income Debentures and as Claims Agent h for the exchange of said Company of Chicago, amount of First Mortgage Bonds or Income Debentures,a acting ine for any000 and 551,950,000 res S hereunder fractional8 000 a Securities)to be issued respectively,which when combined with the Securitibe, esr(and'cash discharge pursuant o the Plan and this Order will constitute full I�;t)•„,r„t g and release of claims as classified and treated under Class G and J of the Plan.The First Natioi,;,l 6 '`_---_ -�_ AO> q 7 Bank of Chicago and Continental Illinois National Bank and Trust Company of Chicago shall commencing with the receipt of such funds in trust,as aforesaid,at Consummation Date and at all times thereafter,invest such funds In short-term securities of or filly guaranteed by the United States,the detail and manner of such Investment to be the subject of separate agreements effective at Consummation Date to be entered into between the Reorganized Company and the two named banks. The named banks shall hold any surplus remaining in such trust funds for the account of the Reorganized Company as provided under Section 4.04 below. (d) From and after the date stated in the Notice to be published in accordance with Section 4.02 above,the Reorganized Company,or,in accordance with the Letters of Instructions referred to in Section 1.01 above,the Claim Agents,shall make delivery of the new securities and checks for cash in the respective amounts provided in the Plan to holders of securities of the Debtor as of the Consummation Date upon proper surrender of such old securities,and,to other claimants and creditors upon execution and delivery of releases substantially in the form approved in Section 1.01 (g) above, or upon presentation of such evidence of indebtedness and identification of the claimant as the Reorganized Company may rapine. provided, however, that(i)claimants or creditors(exclusive of holders of Class G and J claims) against whom the Debtor has a pre-bankruptcy claim which has not been satisfied or against whom the Trustee has an unpaid post-bankruptcy claim, shall be entitled to receive a distribution of cash pursuant to the Plan only at such time as such claim of the Debtor or Trustee is fully satisfied by payment of cash to the Reorganized Company or by deduction of the amount of such claim from any cash to which such claimant or creditor would otherwise be entitled to receive pursuant to the Plan;and(ii)unless the Court shall otherwise direct, any claimant or creditor(exclusive of holders of Class G and I claims) shall be entitled to receive a distribution of cash in respect of claims in a class only at such time as all claims of such claimant or creditor in such class under the Plan have been approved, acknowledged or allowed and all issues relating to all claims of such holder of securities, claimant or creditor in such class have been resolved. (e) The issuance, transfer and exchange of Securities, the distribution of cash and the execution, delivery,filing and recording of documents,as authorized and provided in this Order and the document herein approved, are all pursuant to the Plan, which has with the provisions of Section 77 of the Dan been confirmed bys with into effect suchofSectPlaion Bankruptcy Act and are for the u this Court in ngcoutancd regulatory No further authorization or a purposes of carrying out and ry or other body, including without limitation the approval any Interstatecout s administrative, e, Commission pursuant to Section 20a of the Interstate Commerce Act,49 U.S.C.20a,is required for such purposes or for the validation of any securities issued and actionstakenofthetothisCommerce 4.04 Termination of Right to Resins Ca pursuant to this Order. holden, creditors and claimants to receive cash and/or Securities u Cash and/or Securities Under the Plan. The rights of all security execution or release and satisfaction forces,as phi the surrender t of old securities or in Section 9.6 of the Plan. provided In the.Plan and this Order,shall terminate as provided Section ah �y cash and Securities not distributed within the period of time specified in said �become the sole and exclusive property title and interest other than P y of the Reorganized Company, of any state to the contra that of the Reorganized Company, the escheat or abandonment of property the third arrive contrary notwithstanding. Not less than sixty days and not more than ninety days before nary of the Consummation Date, the Reorganized Company notice that the right of claimants under Classes g and I to receive cash and Securities as Plan shall terminate shall cause to be published a upon a date certain.Such notice shall be published at least once in (all domestic settlers subs provided in the substantially In the furca approved in Section 1.01 ( ) The Wall Street Jouratal m . V. • EXECUTION AND RECORDATION OF DOCUMENTS n '-) 5.01 Execution end Delivery of �.',--t =-� arc hereby xecutauthorizedr Documents. The Trustee, or such pe desj a'" and directed to execute and deliver or to have executed and delivered the ride approvedri persons as the Trustee rnay_designa�c� in 1.01 above to which he is a of the inSection Company shall be he is anparty, except that the R ora. 7 I of and deliver Reorganized to have Section Certificate , Incotlioration executed and delivered all suchotheras documents, bills of sale, assignment and other instruments as maySectionn 6.01 below, and to cxecut�;? and inteerst of the Debtor anthe necessary and proper to convey, assign and transfer all of the right, title.-- and in and to the properties to be vested in the Reorganized Company, SCJ 7 • 9 as required by Article III above. W instruments hall bele II effective Whether executed before or after the ianstruments the nts s all et eon tiv ea asisthe Consummation Date. Consummation Company hallo neorh s oo l the r themCons a easonabl The Rnd del ver PProved In Section 1.OI y practicable,extcute and deliver or shall, °„ or as � Krr� ed thoftheConsummation Date above to which it is a a have executed and shall attach to arty Pro and become effective thereafter against,P rty' The lien rof to,the recording rtY subject to the lien of the Mortgage Mortgage att;tc.l, vlbetween n prior any Ming for record of the 8 8e In the interval between the wouldConsummation be prior attaching toand t tii Mortgage or the Mortgage Mortgage. unless Date, the if the o d $e were already recorded.or any such other lien so attaching Company shall recon deliver a filed'No later than sixty(60) aftert a the certificate Ina days the Consumrnatir,ti 5.02 accordance with Section 14.12 of the Mortgage Recording and Filing Documents_ (a) The Reorganized Company Is authorized not later than sixty days zed and directed to file or record as s Y after the Consummation Date: (I) in each of the juriadections in which soon as possible btu of this Order andha deed,subs the Reorganized ofprthis from the deed,s tantially in the fora[approved in Company owns ove conveyierty,ng a copy to the ReorganizedSection 1.01(1)above,conve F Y (ii) In each of the u Company; ying such in which an } risdietions In which the above w P Indenture or inertReorganized as previously gage of the Debtor released Company own In the forma y recorded,a copy of this and discharged s real property and approved in Section 1.01 Order and an instrument purf actio to Section 3.06 In the form that rov S n (I'}above,relating to each such ndentureof torfmortgage.sprovided, ho (iii)ven each of Order the need not be filed and recorded es to jjurisdictions ih which the Reo ganized provhich be.aub ret to more than once in any such the lien of the Mortgage, jurisdiction; (b} Ther g gG a SPY of the Mortgage.Company owns real property which presentation recording officer of each of a duty executedjurisdiction referred to referred to in Section counterpart thereof, ac in Sectiong5.02 law including 5.02(a)above exempt of and pt for recording 5.02(a) above shall, upon g stamp, conveyance, without imposition g any and of the ti transfer or tax whats of any tax imposed documents (c) if the recordation or taxation laws ornv similar whatsoever, under an refuted to In any State other( Section 5.02(ar aboveregulations of any zee differ from 5.02e )above contain real r jutiptj0 5 which requirein property that the documents such documents. such areomore specific Lean or and directed to file and Med to execute and deliver and the Reorganized Company amendatory record, ass son or persons as the Trustee ry or supplemental deedsa or other after the Consummatin Datemay other documents as is is authorized which comply reasonably practicable, with such laws or regulations. VI. ONGOING OPERATION O 6.01 Filing I.Resist OF THfi REORGANIZED COMPANY Corn ,Reale of Inco the arcof Resta the forth crPonation. The and authorized. uauthorized by the P1 approved in motion 1.01 above andel Certificate of Inco nts Man and are n , the effectuation nd aof rc such ytt�uir of the State prize•D Trustee is hereby autl a iied and directed toe Plan into re certificate which mayPursuant Order,thla promptly fileect and a hereby approved Stat filing. be executed ty the such Reawith the Secretary cecigc��the ung and xe' Trustee or his desi n ted d shall b effective f I of State Railroad Com effectiveness thereof the Certificateg ze'and shall be c fi Incorporation and related Certificate, including Pavy shall, for al( of Inco ec[ive forthwith upon 6 02 8 the changel of name of aoaid' be deemed amended neon of da Chicago,RockIsland akh authorized, to do Company to Chicagoaccordance with said Resta 'dud,In his discretion, Business la Other States. Pacific Corporation. r certifies tionoon usine s in Prior � �, -� do business or amen Reorganized to the Consummation Date, the -.....-I ..� ._..,., Rear est in a Bator certificates in respect of the various certificates execute and acknowledge• • a` t►slcc �—r i. .r. of the g Jurisdictions certi$catc� j to doe basin zed Com ns in conformance presently Certificate1ipor irate r s,and to Party and in accordance withwith the Restated qualifying th tile thctor__,_ t documents with the certificates ora provisions of the applicable of Inco` '' proper authority amendatory certificates, pplmay statutes in the1-4a-five r rrj 1 '..-;- jurisdictions. Y of the respective jurisdictions: asn the case c;kan Arkansas, urisdictions: may be,and Illinois, Iowa, other apPr�+riatc '` • Missouri, Arkansas, 8 "9-Z ;---,^ • 10 111 M Oklahoma, Texas, New Mexico. Colorado Oklahoma steer the , Nebraska, Minnesota, Kansas, Louisiana, South Dakota. and filingTenn . of such certificates or amendatory certificates, the Reorganized Company shall be qualified to do business In such jurisdictions in accordance with the provisions of such certificates 01 amendatory certificates. 6.03 Assumed Obligations. (a) The claims of creditors, claimants, and stockholders in respect of obligations of the Debtor or Trustee will be satisfied as provided in the Plan,subject,however,to the provisions of this Order relating to the payment or satisfaction of such claims and to the provisions of this Order relating to the Court's reservation of jurisdiction. Any kimcl r class providedy.f►led or asserted claim against the Debtor or Trustee included ice for in the Plan, including any claims asserted in adversary this Court or other forum or, if determined, pending on a -oved,acknowledged, proceedings pending before ass:tied, appred appeal,al, but not liquidated in amouna settled, determined, cl u g , allowed or adjudicated to be valid until after thc Consummation Date will be satisfiedo manner as if such claim had been so adjudicated or otherwise tan ie,by the edRprior to the Consummation in the same Without limiting the generality of the foregoing, the Reorganized utdaCompany shall cashDate as practicable,all claims in respect of costs and expenses of reorganization of the Debtor allowed by Court in accordance ivlth the provisions of Sections 77 c 2 and 77(c)(12) pay in cash,as soon Reorganization Expense,as defined in the Plan and all other claims classified as Class this the Plan Including anoExpenses so classified bythe � ){22) of the Bankruptcy Act, all claims are not satisfied hurt's minute order of November I, 1983, insofar as such prior to the Consummation Date. (b) The Reorganized Company is authorized and directed to pay such'amounts(i)as may be for by drafts,checks or vouchers signed or bills approved within ninety days prior to the Consummation Date the a Trustee orian Date orn thereunto authorized by the Trustee, for goods and services provided beas may be necessary for obligations which accrued prior to the Consummation Date during period commencing before the Consummation Date and (ii) for approved or authorized by the Trustee or any person'thereunto authorized by the Truss ccs or services (c) The Reorganized Company is authorized and directed to a after the Consummation Date in.the performance of any of the duties imposed other order,o{the Court, pay expenses incurred by the" Trustee providetro staff 'to provide reasonable compensation the Trustee obyr such services ors by anyo and other support services required by the Trustee to n the performance of suchduties. and to (d) As of the Consummation Date,the Board of Directors of the Reorganized ut ccs. and directed,by adoption of resolutions in the form a and di ected,by and ex 8 01zabCompany is authorized fromat his request pensee the Trustee,his officers and employees lu Section l.t)1 above, to indemnify from P sets and other specified persons serving • (e) The Reorganized Company is authorized and directed to assume Debtor described In the Exhibit of Affirmed Contracts(Exhibit)filed witthe Court by the Trustee h executory contract of the April 9. 1484 pursuant to Section 6.1 of the plan,together with hes re port on such such contracts byzee the Trustee and the termsbypproved tCourt. and conditions of such aflirmancecare hereby Affirmance the Cou to to described in'Appendix A to the future purchasers o f t3 Exhibit n conditionally affirmed and awaiting the Court u get-of-way pursuant to S reviewto sebyx pursuant to the Courts reservation Section 6.3 under the Plan, shall beo . Provided In Section 6.1 of the Plan, all executory subject to as of March 17, 191 jurisdiction utoycontracts of 7.03 below. the date of filing of theg by the Debtor areperson, corporation, govarntnent unit or other entitypetition for reorganization rejected , out corporation, f the rejection nen having a claim against the Debtorhor the Trustee arising such claimant©! pre-bbankruptcy executoryperson, es with the Trustee or the Reoranized contract mpall nc y a proofd of claimaiionte in formthe Plan uapproved by the Trustee on or before Jul� Not later than ten daysY 2, 1984.Proofs of Claim not so timely filed hereby the Not Street Journaleprior to the Consummation Date publishre nforever TIte (all domestic editions) in the form approved ved in shall orever barred. a notice once in The (0csa The Reorganized Company is authorised and directed to in Section 1.01 the Trustee to execute, (1) above. deliver and comply with the instruments a me the iand obligations _01-":7•1o • approved in Section 1.01 above, --1 ---4' -fit 9 - � a° eAas, p --IC—) tv " . r 11 .:-.:-.:".."4: C...) 0Ill (g) As of.the Consummation Date,the Reorganized Company is authorized and directed to as'uuu• and comply with all agreements of the Trustee,including without limitation any agreements for the sale of property which have been approved by the Trustee or his designees and which,but for the occurrence of the Consummation Date, would have been consummated by the Trustee pursuant to an order specifically authorizing such sale or a general order authorizing sales if the consideration is less than a specified amount. (h) The Reorganized Company is authorized and directed to assume and satisfy any tax claims of state and local taxing authorities against the Debtor or the Trustee which have accrued subsequent to December 31, 1979 and which remain unpaid as of Consummation Date, provided, however, that the Reorganized Company shall not be precluded from contesting the amount or validity of any such claims. (i) The Reorganized Company is authorized and directed to execute and deliver, in the form document(j)listed In Section 1.01 above,an instrument of assumption of the lease between Chicago and Rock Island Railroad Company of 1854, and The Peoria and Bureau Valley Railroad Company,dated April 14, provided that The Peoria and Valley Railroad Company shall consent to and accept such assn Ill l,ti q r, in writing as set forth in said document. 6.04 Pending Litigation, If the Reorganized Company so elects, it shall be substituted at its own cost and expense as a party in lieu of the Trustee in any and all litigation to which the Trustee may be a a on the Consummation Date and may continue such litigation in the name of the Reorganized Company. party 6.05 Personnel Arrangements. The Reorganized p ny. mere with the nnel A ange e , g Company is authorized and directed to offer employ- ment Company to the employees of the Trustee on the Consummation Date without interruption by reason of the transfers of property or other transactions pursuant to the Plan and this Order at the same rate and terms of compensation the employees received from the Trustee at the Date. The Reorganized Company is directed to honor all benefits and entitlements accrued through Consummation Data with respectConsummation Cnon-contributoryms to: (i)paid vacation; (ii) • health and major medical paidl perand dismemberment days; (iii) paidholidays; life insurance on a casmiribttto �dental,accidental death and dismemberment benefits; v (iv) Planforthe Noir ry basis; (vi) salary continuance on a contributory basis; and (vii) the)Bonus Rail Asset Disposition Group (the " ordered by the Court that the Reorganized Company shall honor those provisions of the B Plan Bonus Plan"). With respect to the.Bonus Plan, it is celesta and reserve certain entitlements for payments yments to certain employeespononus f l. t which 6.06 New Securities: The issuance, transfer and exchange of new securics and ththeir e tiling and recording of documents, as authorized and provided in this Order, and approved' are all Pursuant to the Plan, which has he execution, delivery, Previsions of Section 77 of the BankruptcyaPbeen confirmed byt the accordance withherein Act and are for thepurposes his Courtin uthe the Plait.Except for qualification of the Mortgage and the Indenture under the Trust of carrying out and putting into effect no further authorization or approval by any court or administrative,regulatory or other such Purposes or for the validation of any securities issued and actions Indenture Act of 1939, nbody is required for taken pursuant to this Order. VII. FURTHER PROCEEDINGS 7.01 In+piementatiQh of Plan. Under and subject to the au punt to the terms of this Order and the Plan, the Reorganized Companyis promptly as passible, to etfectuata the consummation of the p supervision and control of this Court and order of authorized and ddecision as any state authority to the contrarylees, the laws of any state siothe of any p or order of this Court may notwithstanding. To the extent that the provisions any�Tior such provisions be inconsistent with the provisions of this Order or the Plan or the etfec P visions of such prior orders are superseded any such visions superseded provision shall not be affected but any action taken c�t?_ation thereof, ...... by this Section ?.Ol, pursuant to or in`��Ce ii on � ` 7.42 Injunction. A!!persons, Rims ..� ell or comicial, are hereby 'governmental entities and co �' attemptingrdomiciled, d, are Permanently restrained and enjoined from instituting, , corporations, wherever sittratlr.� the Reorganized institute,prosecute or pursue,anyor8 prosecuting olocated� $anizcd Company or their successors or tassi ns proceedings,at law or in equity or` Uing;it e '3 $ a y or opropgrTy-3fjt e �,r 8 against any of the assets or proper'f`y of cute 0 0 Reorganized Company,or their succeasors or assigns,directly or indirectly,on account of or based upon any right, claim or interest of any kind or nature whatsoever which any such person, firm, governmental entity or corporation may have in, to or against the Debtor, the Trustee or any of their assets or properties, and from intarfeting with,attaching,garnishing, levying upon,enforcing liens against or upon,or in any manner whatsoever disturbing,any portion of theproperty, real and personal,of any kind or character,on or at any time after the Consummation Date in the or taking steps to Interfere with the Reorganized Compon of any,eitsgofcen�dagents,ny, nor d the operation ofoffiinterfering ce properties or the conduct of the business of the Reorganized Company, by reason of or on account of any obligation or obligations incurred by the Debtor or Its Trustee, except the obligations imposed on the Reorganized Company by the Plan and this Order or reserved for resolution or adjudication by this Order. All persons,firms,governmental entities and corporations,wherever situated,located or domiciled,are hereby permanently restrained and enjoined from instituting, prosecuting or pursuing or attempting to institute, prosecute or pursue any suit or proceedings, at law or In equity or otherwise, against the Debtor or any of its assets or property, directly or indirectly, except such suits or proceedings as may be for the purpose of carrying out this Order or consummating the Plan. 7.03 Reservation of Jurisdiction. From and after the Consummation Date, the Court hereby reserves jurisdiction, which shall be exclusive to the extent that under applicable law such jurisdiction is presently exclusive: (a) To consider and approve the final report of the Trustee as provided in Section 7.04 below; (b) To the extent not previously determined by this Court, to fix the amounts of allowances of corrrpenuuon as Class A claims for services heretofore or hereafter rendered and reimbursement of • expenses heretofore or hereafter incurred under Sections 77(0(2)and 77(c)(12) of the Bankruptcy Act in connection with these proceedings or the Plan or the execution of this Order; (c) To consider and act with respect to any claim against the Debtor or the Trustee included in a class provided for under the Plan or with respect to any contingent claim under a guaranty, any of which were timely asserted but not finally liquidated by settlement or Court adjudication anti satisfied prior to the Consummation date,including without limitation action to deny any such claims,to adjudicate the amount or validity thereof, to classify such claims, to approve their settlement, to provide for their treatment and participation as provded under the Plan, and to enter such orders as may be necessary to implement any and all of the above,including without limitation any orders) upon the Reorganized to satisfy any claim(s) by such out of assets and funds owned Reorganized its possessions• Company and in (d) To consider and act on any matter over which the Court presently has jurisdiction has not been adjudicated,discharged,resolved or terminated as of the Consummation Date and to accept or reject the exercise of jurisdiction and which with respect to any such matter, F (a) To consider and act in the matter of(i)any claim or action against the Trustee of the property of the Debtor,in his personal capacity,including claims or actions filed pursuant to Section 3.08 above, or actions a against the officers or employees of the Trustee or his court-appointed any act or omission of any such ppointed counsel arising out of any a reorganization ssion person in respect of the administration of the Debtor during the court-appointed proceedings, and (ii) any application of the Trustee, his officers, employees or counsel for indemnification from liabilities and expenses in respect of such actions, or any other actions in which such Individuals are personally involved, Resolution:approved in Section 1.01 above and adopted by the Reorganized d Companyt to the Indemnification Resolutions above; pursuant to Section • (f} To consider and act on any application for instructions with respect to the distribution or the issuance of securities in connection with this Order and the Plan,to construe this Order Plan as to matters which may require Interpretation or construction and which are not dealt with-in of funds Order and to consider and act uand the c' Aon any matter as to which jurisdiction is reserved by this Dreier_'`,---s n ' i (g) To consider and take appropriate action with respect '-t above, Including action to enforce the injunctive provisions of that Section; �, to the matters referred to in Sccticstr T7 i � fV :Cr, I I rri -77 I soca n .�_ r,•) try (h) To take such further action and to enter such further orders as may he necessary to cure any defect,supply any omission,reconcile any inconsistency and put into effect and carry out th.s Un1cr :110 the Plan and all other orders entered by this Court in these proceedings and to prevent intcrtcreiwes therewith, provided, however, that nothing in this Section 7.03 shall be construed as a reservation of jurisdiction to change the terms of the Plan as confirmed or any of the rights vested thereunder or any • of the rights of the claimants, creditors or stockholders of the Debtor. 7.04 Additional Reports. Within sixty days after the Consummation Date, the Trustee shall file with the Court a anal audited report consisting of a statement of revenues and expenses covering the period from the last such report through the date prior to the Consummation Date and a balance sheet as of the date prior to the Consummation Date. Within one hundred eighty days after the Consummation Date, the Reorganized Company shall Ale with.the t C mmanyis thele Court a report stating the progress made in the consummation of the Plan and suBms of interests which have not been surrendered or released in accordance with the Plan and this Order. 7.O5 Termination of Proceedings and Final Decree, Except as provided in Section 7.03 above, all jurisdiction of this Court in or by reason of these proceedings shall be terminated and these proceedings shall be closed effective as of the Consummation Date. i, Dated: April 19, 1984 ENTER: • S FRANK I. MCGARR District Judge • • • rte.) c>> • Evris 24 r1 ti:t '...'dp•�weQ}1 jrall .• r j C iM u:rj J sa�tlft'ix rr J CJ ..:E. t..: 4 try. . �- ,. " ct r.t s!ta4ta;rr Z9v#- N4Ai rrE rxtot,Q. itewhr lac ry R • 12 - '6`L /� LITED IN �,UCOUN7FJ ARTS aliF WHICH THIS IS NO..4N.0 ,} • ._. l TRUSTEE'S DEED t. THIS DEED, dated as of the first day of June, 1984, between William M. \h Gibbons, as Trustee, and not as an individual, of the Property of CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Debtor (said Trustee, the Grantor herein, being hereinafter called the "Trustee") and CHICAGO PACIFIC CORPORATION, a Delaware corporation, the Grantee herein, having its principal place of business at 332 ,, + South Michigan Avenue,Chicago,Illinois 60604. V, WHEREAS, the Trustee pursuant to Order No. 3 dated March 28, 1975 was the 2 trustee duly appointed, qualified and acting, of the Property of the Debtor in proceeuings y; 7 for the reorganization of a railroad under Section 77 of the Bankruptcy Act pending in the United States District Court for the Northern District of Illinois, Eastern Division A (Reorganization Court), in No. 75 B 2697, In the Matter of Chicago, Rock Island and o jPacific Railroad Company, Debtor (Reorganization Proceedings) and by said Order No. 3 v b4 was vested with all properties of the Debtor,real and personal;and re ¢ v s WHEREAS,by operation of law in the Reorganization Proceedings the Trustee 2 t ? received title to all of the property, assets, rights, privileges and franchises of the e v "" Debtor;and WHEREAS, subsequent to January 25, 1980, the Trustee has been liquidating INN the assets of the Debtor's estate as authorized in Orders of the Reorganization Court;and WHEREAS, Order No. 678 (Consummation Order and Final Decree) of the .t. Reorganization Court entered in the Reorganization Proceedings on April 19, 1984, provided that all of the property, assets, rights, privileges and franchises of the Trustee shall be transferred to, vest in and become the absolute property of CHICAGO PACIFIC ]s+I CORPORATION, being the same corporation as the Debtor with a new corporate name; W and .tai .WHEREAS, by said order the Trustee was authorized to execute and deliver to CHICAGO PACIFIC CORPORATION a deed, substantially in the form hereof, transferring to CI-IICAGO PACIFIC CORPORATION, effective as of June 1, 1984, allof the property, assets,rights,privileges and franchises of the Trustee;and WHEREAS, by said order CHICAGO PACIFIC CORPORATION was authorized and directed to record this'Deed in each jurisdiction in which CHICAGO PACIFIC CORPORATION owns real property or interests therein. WITNESSETH, that the Trustee, in compliance with said Order and in furtherance and in confirmation of the transfers ordered therein, and without other consideration, does hereby, effective as of June 1, 1984, quitclaim, grant, convey, remise and release unto CHICAGO PACIFIC CORPORATION, its successors and assigns,forever, all right, title and interest of the Trustee or the Debtor of, in and to the following . t w„, described property,assets,rights, privileges and franchises: -- ..;,,,$ FIRST: All of the right, title and interest, legal and equitable,of the Trustee , or the Debtor in and to all lands and real property, of every kind, character and .L 2 2 description,and wherever located,now owned, leased or otherwise held by the Trustee or x as z the Debtor, together with all of the appurtenances, tenements, hereditaments, ways, (~.�m" waters, minerals, rights, improvements, structures, fixtures, licenses, leaseholds, H M H E E O 1 O i- +1 U H 01 Zi E-••--1 c)01 trl _ 1_ N O O t a -it') rrt -D i n .r im. !V 15 'N co IMO iip. easements, reversions, remainders, rents, issues, income, profits, rights, powers, franchises, privileges, immunities and other interests and items belonging to or in any way appertaining to such real property. SECOND: All other property, real and personal, of every kind, character or description, and wherever located, owned or held by the Trustee or the Debtor on the date first above written; TO HAVE AND TO HOLD all and singular the aforesaid property and interests therein hereby conveyed and transferred, or intended so to be, unto CHICAGO PACIFIC CORPORATION, its successors and assigns, to its and their own proper use, benefit and behoof, forever, free and clear, except as otherwise provided in said Order, of all claims, rights, demands, interests, liens and encumbrances, of every kind and character, of the Debtor, its creditors, claimants and stockholders. AND THIS INDENTURE FURTHER WITNESSETH: That the Trustee shall not incur any personal liability by reason of the execution of this Deed or by reason of any recital or provision herein contained. That the conveyance provided for herein is made without covenants of title or warranties of any kind whatever, express or implied. In order to facilitate the recording of this Deed, it has been executed in several counterparts, which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Trustee has executed this Deed, as of the day and year first above written. • WITNESS: de d../ Q. gt Carl E.Parker WILLIAM •.GIBBO ,TRUSTEE of the Property of Chicago, Rock Island and Pacific Railroad Company, Debtor Chafes J. Harrison STATE OF IOWA' Emmet county '" '01831 Filed for record thi o'dotk_„t�M.end recorded in book..1_ of, 4 "Pi• .oL ..90, f - , lif,.: dr( - 2- • C) o -1.1, C-)-z _ ..o� =i CD r— rn 16 �?CD _ '7`• cv l'........, :, _ w 6-0647C AD STATE OF ILLINOIS • SS. COUNTY OF COOK On the 9th day of May, 1984, before me,Thomas L. Svehla, the undersigned, a Notary Public in and for said County and State, personally appeared William M. Gibbons, Trustee as aforesaid, to me known and known to me to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained, and as his free act and deed, pursuant to authorization contained in Order No. 678 of the Reorganization Court. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. 4i/ Thomas L.Svettla - Notary Public My Commission expires: September 2, 1984 THIS INSTRUMENT w . .•. .• • • r.., .M+ THE CHICAGO. ROCK ISLAND AND NtilARY SI.AI.'i•" PACIFIC RAILROAD COMPANY'S NONRAIL ASSETS DISPOSITION GROUP. - 3- ry Q ca --i "} rU r- -10 M E7-.) ry `., 17 8 [ 1I81HXa _ t ♦r+� .P^w, CV _ y // T 1111 Z R a � I XG $ TT)1%.4 CC TOA.' 3�,3 auip.+w C\I drvrt5 .off Q0,4aD.15 u u�y ~� — 0144 XVI "V 314111x3 Pim ui PogfnSap q dl3adoJd trona s11 J11Joa1i 'cdaw �„� am`- i133SNV2113LVL531V31i ;zp - �-- - piss Co ?q1 ui p-q.i r p dl.rado.id 0141 8uipnioui J4g1Jn;pue `8 ligiyxH ra ola.oq pagou;ly slew uo umogs 6;aadoad 01 paliwii lou lnq 2u1pn/ou/ '61Jdod 0111 r�r Jo am 9111 01 palyiado.Lddy aq o; pue („dlsadosd„) F,;.iado.d ata Jo Iaarud put; .rsd v maul 0i pas-a/yap puv py0,12tr 'pools;VPUT)dgoJoq 0,111 puv lion v str aq o; os papua;ul Dae poJJaJsutrsl Puy padaeuoa dgaraq 814813 ❑e pus (pauIQQds 0noge11-10aaq II 10 VIOL ;da.°xo) lou Jo poxouua so paxi;jv JoglagA 'poxiw pus Ivuossad'/sar 'pagiaasap yeogauia:ag dl.radosd o q1 30 fly •pouoiluaw dlitrorJrooda ;ou XasadoJd Jo small dui/ opn/oza of ploy oq Jo opnion ?siM au tri Trays d1J0d03d Jo saiopJ11 olJWads duo Jo uoilvaawnua ata 1011-1 poolsrapun 2u;aq lI paw rola oq;luvuaunddu oq to 'olelar '8uoraq dem duy tri finis go MM Ja'20a.M.I1 lied dun ao dlJadoad aql 02 BuTuiylJyddy Jo Svilaiea SuiBtlo/aq Stu* buy tri aynaoc;squ saOLrytr0lr'tdcle ptro s7rato;ui 'sapil 's142p IIv pua 'Joasota used 0 3314 Gua JO o11n1 oql 00040 J0 Japtul J* 63Jyd03d atll uo paltry*/ JalJtr0103aq Jo Mou sluamargtua saute pup aagwil 'marl 'sdo� ‘sqn.n.la `SSouoiJ •ssomod pue S3zI12 3 Ja3UM 'cos./nay 30 M 'sialym '3Uamdinba suoiXsa[tmwwoo II pun jvua14 poll 'swats .10A s 'saSi - d '62uipjnq 'saouaj dent,-;o-142i3 pm we] ii/ gons 'parivlsui 30 pax1JJ11 rurawaAOJdml 'Purl trIPlu-1 2uT110g0'puv/JO sa=08 puv sdia;s 660x-Jo-8-14213'olasytr4 pouvu04Jnddu'sa.mlxi; 'aluawoual 'v3uawanosdwI IIs q aayla8o; ilLra 2uipnloui 4J00J0 laid V apvw pun ola.aq pogovl;v `57 ligitix3 uT pagj p d;2-dosd • dvm,-Jo-142pp p00.313 941 04 pus tri ;saselui pray arm 12421s s,3oluU1D Jo tra '(waalUJD„) 'BOZOS vetol 'llu0N 'taloa ;aalls tat •M Sof, to ssarppo u glint 'up J0d3oo limo' un 'NOLLVHOd1300 'IMT aNv'- LITV3H o;tm'tas*J las as vuia3aq suoildoox0 pup suol;unsasas 'suop/Noy 'suual ata 03 10V)gns `Y1/y'IO,Lirl Pug A3.AN00 4g0304 sa0p 'pa2p0TMou)ay dgaaaq Si JOaJagM;di0oa3 a43'wilv3aprsuoa oteen1an pup poo8 aaylo pu11(oo'(M)Strv'I'IOCI 1,"3.I, Jo tuns yq; Jo uopur0pis;roo tri („101tre100 'uoj odJoo 0J11MYI<Q 11 `NOLLVHOcrBOO 3I31011d OOVJIFHz 0112 11141 1aLNafiaHd ESDI-1,1, AS Nail TIV MONS }f VrOi OJ tinatuCr 113U11003U -29 2'ep 'i: aaaa wry I�Iinb of 40) r - , , t.1-7 It is the Grantor's Intention to quitclaim all of its right, title and interest to its railroad right-of-way and contiguous property, except as excluded in Raid Exhibit A, located between the following end points' • � 1 + Bureau, Bureau Co., RUnols at E.P.S. 8004+97, M.P. 181.53 westerly to Milan, Rock Inland r' Co.,Illinois at E.P.S.4438+83.8(Rip Line)and at E.P.S. 177+31(Sherrand). j Davenport, Scott Co., Iowa at E.P.S. 9634+00, M.P. 182.35 westerly to E. Des Moines, Polk Co., Iowa at E.P.S.1825+00,M.P. 350.80. W. Des Moines, Polk Co., Iowa at E.P.S. 19272+47, M.P. 385.0 westerly to Council Bluffs, Pottawattomie Co.,Iowa at E.P.S. 28412+90. Hancock, Pottawattomie Co., Iowa at E.P.S. 24539+75, M.P. 484.77 southerly to Oakland, q. Pottawattomle Co., Iowa at E.P.S.24794+15,M.P.469.59. Aucrabon, Audubon Co., Iowa at L.P.S. 80+75.5 southerly to the connection with Grantor's East/West main track near Atlantic,Cass Co.,Iowa. ; Altoona, Polk Co., Iowa at the connection with Grantor's East/West main tract aouthessterly to Palin,Marion Co.,Iowa at E.P.S.8056+50, M.P. 114.80. I, Blue Island,Cook Co.,Illinois as described In Exhibit A. Grantor reserves for itself, its successors and assigns, all ores, minerals and royalties of every kind and nature, including without limitation oil, natural gas, sulphur, coal,and lignite on or underlying the surface of the Property together with the right,by all lawful moans, to explore, drill for, protect, conserve, mine, take, extract, remove and . market any and all such products; provided that such activity shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee,its s succeworis cre.off. r ` VOLI133 hulliff - I 2 O • Q ...;:._ -.Ic-j = I\) v> I Y _ 19 ,�- { age 3 of 9C) • Grantor reserves for itself, Its succe,sors and assigns, exclusive perpetual easements and the exclusive right to grant easements, leases or licenses, either in perpetuity or for terms, for the construction, installation, creation, reconstruction, reinstallation, re-erection, relocation, maintenance, removal, repair, replacement, use end operation of transportation and transmission systems for all and every type of fluids,gases, resources, materials, products, communications and energy by whatever means including, without limitation, overhead conveyors, pipelines, telephone, radio, radar or laser transmission systema, wire, cable, fiber, fiber-optic, utility, energy and power transmission lines or conduits of every kind and character together with all necessary supporting structures and devices which may be constructed, erected or installed on, in, under, over, above,across and along all or any portion of the Property at any time from time to time in the future,upon such terms as Grantor deems appropriate in its sole discretion;and - Grantor reserves to itself. its successors and assigns, the exclusive right to convert or amend any existing easements, licenses, leases or agreements for conduits. sewers, water main, gas lines, electric power lines, cables, wires or other energy, communications and utility lines of any kind whatsoever beneath, in, on, over, across, along, or above the surface of the Property to easements,leases,or licenses, either In perpetuity or for terms, for the continued maintenance,operation and use of the same or to otherwise modify any existing easements, licenses, leases, or agreements upon such terms as Grantor deems appropriate in its sole discretion;and !VDL 733 F j_t8 3 I c) C") --+ 2 0 I - Grantor reserves to itself, its successors and assigns, the right of access to and ingress and egress over, upon, to, from and across the Property by Grantor and its designated contractors, licensees, agents and employees, together with all necessary and Incidental vehicles, work equipment,machinery and other movable structures for purposes in connection with the rights reserved hereby provided that any such access shall be made with reasonable advance notice to Grantee and its operator and at the sole rick and expense of Grantor's designated contractors,licensees,agents and employees. Grantor reserves to itself, Its successors and assigns, the exclusive right and entitlement to any and all income arising out of or related to the existing easements,leases, licenses or agreements and the conversion or modification thereof and any and all Income arising out of or related to the future easements, leases or licenses as provided for hereinabove. Grantor reserves for itself, its successors and assigns the exolusiva right to enforce any and all of the rights and reservations as herein provided, at law or in equity, against any person or entity bound by such rights and reservations as herein provided to recover any damages suffered by Grantor for any violation, threat of violation or breach hereof. All rights hereby reserved shall continue in perpetuity,whether or not exercised. The exercise of Grantor's rights reserved herein in respect of the easement grants, leases, licenses, and agreements shall not unreasonably interfere with the use, operation and maintenance of the surface of the Property by Grantee, its successors or This instrument is being executed to multiple counterparts,each of which shall be considered en original, which counterparts have as Exhibit B attached hereto only those maps depicting the Property in the County in which that counterpart is recorded. VOL 733 •t�j.29 4 res CD C7 N rri 47- 2 1 -21 age o 90} �IN WITNESS WHEREOF, this instrument Is executed by the Grantor this "4 4146- day of �G1.4• €-t.) ,1984. ATTEST: r� HARVEY KAPNICK,Chairman 'o CHICAG S PACIFIC CORPORATION/ III � � ,,• A / Altite Seer i y Hart KKaap�j STATE OF ILLINOIS ) I ) SS COUNTY OF COOK ) On this 1/ day of / C'` TJ , A. D., 1984, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared HARVEY KAPNICK in his capacity as Chairman of the CHICAGO PACIFIC CORPORATION, to me known to be the identical person named in and who executed the I foregoing instrument and acknowiedged he executed same as his voluntary act and deed pursuant to the authorization given to him by sold Corporation for the uses and purposes herein set forth. NOTARIAL SEAQ Yj 4-ee Notar.0° 'lie My Commission Expires: +- /9/7 aw ?vol. 733 1,1E120 5 • (?^ —d rilI% .- 2 2 22 age t7 or 4U) October 1,1984 Heartland-Deed EXHIBIT A Being a description of parcels of land and strips of land of varying widths constituting a continuous line of railroad propertyt SECTION ONE Blue Island Yard(Four Outfreight Yard Tracks) Cook County,Illinois The Point of Beginning being on a line 6.5 feet westerly of end parallel to the centerline of , Grantor's former yard track 115(local 147)and also being 6.5 feet easterly of Grantor's yard track 122 as presently laid out and located and on a line normal to Grantor's former main • track 14 centerline located 735.6 feet northerly of the east/west centerline of Section 30, as measured along a line 50 feet westerly of and parallel to said main track 14 centerline; '- thence southwesterly from said Point of Beginning on a line 6.5 feet easterly of and parallel to the centerline of said yard track #22 to a line 71.5 feet westerly of and parallel to said ' II main track #4 centerline;thence southerly along said line to a line 7.0 feet westerly of and � u parallel to the centerline of track #10; thence southerly along said line to a lino normal to said track 110 centerline located at the southerly headblock of said track *10; thence southeasterly along said line to a line 8.5 feet westerly of and parallel to the centerline of Grantor's former yard track 15 (local 147); thence northerly along said line approximately 6,000 feet to said line 735.6 foot northerly of said east/west centerline; thence westerly along the last line intersected to the Point of Beginning; Also granting to the Grantee that nonexclusive easement easterly of said line 6.6 feet westerly of and parallel to said yard track 16 (local 447) oantorllno rosorvod to the Chicago, Rock Island and Paoifto Railroad Company, Debtor, Grantor's predecessor In Interest, by the Regional Transportation Authority In its condemnation in the United States District Court for the Northern District 1 rr'� q ,VOL '733 1,4,E r`a c:Aa CD C) —I 1C) fV I rl -T . fv 23 age / of 40) . _ ill _______ 1115 • of Illinois, Eastern Division (No. 81 C 0431),and a nonexclusive easement westerly of a line i 7.0 feet westerly of and parallel to said yard track 010 centerline and a nonexclusive i r easement easterly of a line 6.5 feet easterly of and parallel to said yard track #22 from said Point of Beginning to a point opposite the point of switch for yard track #8 (local #45) es presently laid out and located in said outfreight lead (ladder) track, said nonexclusive f easements being solely for railroad operating clearance purposes in order to comply with Illinois Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1969, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad Rules 101.1 through 121.1 inclusive; Reserving to the Grantor an easement easterly of a line 7.0 feet westerly of and parallel to said yard track 410 centerline and an I i easement easterly of and parallel to said line being 8.5 feet easterly of said yard track #22, both easements being solely for railroad clearance purposes in order to comply with Illinois Commerce Commission General Order No. 22 effective November 1, 1920, as amended May 14, 1969, more particularly General Rules 10.1 through 10.5 inclusive, and Steam Railroad } , Rules 101.1 through 121.1 Inclusive; all In the Southwest Quarter of the Northeast Quarter of Section 30, the West Ralf of the Southeast Quarter of Section 30, the East Hal/ of the • Southwest Quarter of Section 30 and the Northwest Quarter of Section 31, both Sections 30 end 31 In Township 37 North, Range 14 East of the 3rd P.M. SECTION TWO Bureau to Rock Island and Milan Bureau County,Illinois Beginning at the intersection of the centerline of the Grantor's westbound (northerly) main track and a line normal to said centerline located 842.4 feet southerly of the North line of Section 18,as measured along said track centerline (E.P.S. 6084+97, M.P. 114.85), Township 4 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through I Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M.; thence westerly !VOL 733 r;(E1 2 2 I I's] 1"" ---1 ase•.•m r-• rn -n 1-1 I.:9 24 age 8 of 40) through Sections 12, 1, 11, 10, 9,8, 17,18 and 7,Township 15 North, Range 9 East of the 4th P.M.; thence continuing westerly through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.;thence continuing westerly through Sections 36,35, 34, 26, 27, 28,21, 20 and 19, Township 16 North, Range 8 East of the 4th P.M.; thence continuing westerly � I [ through Sections 24, 23, 22, 21, 20 and 19, Township 16 North, Range 7 East of the 4th P.M.; 14 thence continuing westerly through Sections 24, 23, 14, 15, 16, 17, 8 and 7, Township 18 North, Range 6 East of the 4th N th, P.M.; (; Henry County,Illinois Thence continuing westerly along said main track centerline through Sections 12, 11, 2, 3,4, 5 end 6, Township 18 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Rarge 5 Fast of the 4th P.M.; thence continuing westerly through Sections 38, 35, 34, 27, 28, 29 and 30, Township 17 North, Range 4 East of the 4th P.M.; thence continuing westerly through Sections 25, 24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through I! Sections 13, 14, 11, 10, 9, 8 and 7, Township 17 North, Range 2 East of the 4th P.M.; thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, =I 1.1 Illinois, Township 17 North, Range 1 Past of the 4th'P.M.; Rock Island County, Illinois Beginning at the intersection of the Grantor's main track centerline and the Easterly line of Rock Island County; thence westerly along said track centerline, through Sections 3 and 4, Township 17 North, Range 1 East of the 4th P.M.;thence northwesterly through Sections 33, 32, 30 and 31, Township 18 North, Range 1 East of the 4th P.M.; thence westerly through Fractional Section 25, Township 18 North, Range 1 West of the 4th P.M.; thence westerly through Lots 9, 8, 7, 8, 5, 4, 3 and 2, LeClaires Reserve, and Sections 33, 32 and 31, (Including Grantor's right-of-way In Sylvan's Island in said Section 31), Township 18 North, VOL 733 r;�E 123 3 r.a ` '�� o "-t = age 9 of 40) 111110 Range 1 West of the 4th P.M.; thence westerly through Sections 36, 35 and 34, Township 18 North,Range 2 West of the 4th P.M.;thence southerly through Sections 3, 10, 15, 14, 23 and 24 to a termination at a line normal to said math track centerline located 1191.4 feet easterly of the north/south centerline of said Section 24 (E.P.S. 4438+63.6), as measured along said track centerline, and westerly through Sections 23, 26, 27, 28 and 29 to a termination at a line normal to said track centerline located 1793.2 feet westerly of the • East line of said Section 29 (E.P.S. 177+31), as measured along said track centerline, all in Township 17 North, Range 2 West of the 4th P.M. r } SECTION THREE Davenport to E. Des Moines Scott County,Iowa Beginning at the Intersection of the centerline of the Grantor's Colorado West Bound (northerly)math track and a line oriented at right angles to said track centerline located seven hundred ninety-eight feet, more or less,southeasterly of the North line of Section 36, as measured along said track centerline (M.P. 182,35, E.P.S. 9834+00), also being the East end of Grantor's Bridge No, 1825 over Third Street as located in Block 74 of LeClaires Addition to the City of Davenport,Township 78 North, Range 3 East of the 5th P.M.;thence westerly along Grantor's Davenport to Iowa City West Bound (northerly) main track • centerline through said Section 98 and through Sections 25, 26, 27, 22, 21, 18, 17, 18 and 7 (Excluding all of Grantor's interest in his East Davenport Yard located East of the East line of Pershing(Rock Island)Street in the Southwest Quarter of Section 25, and Iocated East of the East line of Iowa Street and located northerly of the northerly line of Third Street in the Northwest Quarter of Section 38), all in Township 78 North, Range 3 East of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 10, 9, 4, 5 and 6, to the Westerly line of Scott County,Township 78 North, Range 2 East of the 5th P.M. VOL 733 „i24 4 CD 1 rrJ • .:? -ice iV : T 15,3 1 rt 26 age 10 of 40) III , 1 ' ALSO Beginning at the intersection of the centerline of the Grantor's West Bound (northerly) main track and a line two hundred sixty-four feet, more or less, westerly of and parallel to the East line of Section 27, (M.P. 183.81, E.P.S. 9700+45), Township 78 North, , Range 3 East of the 5th P.M.; thence westerly and southerly along Grantor's Davenport to ) Muscatine main track centerline through said Section 27 and Section 34 to the intersection of said main track centerline with the south line of Third Street, as laid out and located in )+ the City of Davenport(M.P. 184.35, B.P.S. 9732+05),Township 78 North, Range 3 East of the 5th P.M. Muscatine County,Iowa • Beginning at the intersection of the centerline of the Grantor's West Bound(northerly)main track and the East line of Muscatine County, being also the East line of Section 1, Township 78 North, Range 1 East of the 5th P.M.;thence westerly along said centerline through said .• , Section 1 and through Sections 2,3,4, 5 and 8(Excluding that part of the Northeast Quarter j of Section 5 lying northerly of a line fifty feet northerly of and parallel to the centerline of it said northerly main track;Excluding all of Grantor's right-of-way located southerly of a line 1 , fifty feet southerly of and parallel to said northerly main track centerline located in said � Sootions 4 and 5 and being a pert of Grantor's abandoned Slack Hawk yard to Cedar Rapids line), Township 78 North, Range 1 East of the 5th P.M.;thence continuing westerly through Section 31,Township 79 North, Range 1 East of the 5th P.M.(being In Scott County); thence r continuing westerly through Sections 38, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M.(beingin Cedar County);thence continuing y westorly through Sections 4, 5 and 6, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections I,2,11, 10,9,8,5 and 8, Township 78 North,Range 2 West of the 5th P.M.;thence i continuing westerly through Section 1, 12, 11, 10, 15, 16, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.;thence continuing westerly through Sections 13, 12, 11, 2, 3 I and 4 to the northerly line of Section 4, being the northerly line of Muscatine County, t i (exciuding Grantor's personal property and track fixtures and appurtenances thereto, In said Section 12, pertaining to its Cedar Rapids to Columbus Jet. linre�of railroad), Township 78 North, Range 4 West of the 5th P.M. -VOL 733 1-AcklE5 } C s1 1 I i r.,S ry C-) --- r"-) • "--i j.---) l',) 3 .' 0-1 f d I C„ N.) %--.1 t" f V bac age 11 of 40) Cedar Cotmty, Iowa { Beginning at the intersection of the centerline of the Grantor's main track and the south line of Section 33,Township 79 North, Range 4 West of the Fifth Principal Meridian, being also the southerly line of Cedar County; thence westerly through Sections 33, 32, 29 and 30 to the westerly line of Section 30,belrg the westerly line of Cedar County, Township 79 North, Range 4 West of the 5th P.M. Johnson County, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the East line of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County; thence westerly through Sections 25, 28, 27,28,29, 20 and 19,Township 79 North, Range 5 West of the 5th P.M., continuing westerly through Sections 24, 13, 14, 15, 16, 9, 8, 5 and 6, (Excluding that part of Grantor's former Elmira to Iowa City llne lying northerly of the northerly line of Des Moines Street extended easterly, said street as laid out and located in the County Seat Addition of the City of Iowa City; Excluding all of Grantor's interest In Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of . County Seat Addition to the City of Iowa City, extended easterly,and lying northerly of the north line of Benton Street, as laid out and located in Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City '• of Iowa City;Excluding all of Grantor's former Coralvllle and quarry spur In said Section 5), Township 79 North, Range 6 West of the 5th P.M.; thence westerly through Section 1, Township 79 North, Range 7 West of the 5th P.M.; thence westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 North, Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23, 22, 21, 20, 17, 18, and 7, Township 80 North, Range 8 West of the 5th P.M.; ALSO: All of Grantor's Iowa City to Hills branch line in the East Half of Section 15 lying easterly of a line eight feet easterly of and parallel to the centerline of Grantor's former Iowa City to Elmira main track, as located in or near Maiden Lane, all In Section 15, :VOL 733 Township 79 North, Range 8 West of the 5th P.M. , r;cl 31'6 N ( iI G) `i - i -t-, i ei f\ .1 I' 28 age 12 of 40) • y t •Iowa County,Iowa • 'Thence continuing westerly through Sections 12, 11, 2, 3, 4, 5 and 8, Township 80 North, Range 9 West of the 5th P.M.; thence westerly through Section 31, Township 81 North, {1 Range 9 West of the 5th P.M.; thence westerly through Sections 36, 35, 34, 33, 32, 29 and 30,Township 81 North,Range 10 West of the 5th P.M.; thence westerly through Sections 25, ql 38, 35, 34 and 33, Township 81 North, Range 11 West of the 5th P.M.; thence westerly (� through Sections 3,4, 5, 8 and 7,Township 80 North, Range 11 West of the 5th P.M.; thence westerly through Sections 12, 11, 10, 15, 16, 17, 18 and 19, Township BO North, Range 12 West of the 5th P.M. Poweshiek County,Town Thence westerly through Sections 24, 23, 22, 21, 20, 17, 19 and 18, Township 80 North, Range 13 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 22, 21, 28, 29 end 30, Township 80 North, Range 14 West of the 5th P.M.; thence westerly through Sections 25, 28,27,28, 21, 20, 19 and 18,Township 80 North, Range 15 West of the 5th P.M.; thence westerly through Sections 13, 14, 15, 16, 17, 18 and 19, Township B0 North, Range 16 West 1 I of the Sth Y.M. Jasper County, Iowa thence continuing westerly through Sections 24, 25, 26, 27, 34, 33, 32, 31 and 30, 'township 80 North, Range 17 West of the Sth P.M.; thence westerly through Sections 25, 26, 23, 22, • 21, 20, 17 and 18, Township SO North, Range 18 West of the 5th P.M.; thence westerly through Sections 13, 14, 23,26,27, 28,33 and 32(Excluding that part of the East half of the Southwest Quarter of said Section 27 lying southerly of a line fifty feet southerly of and parallel to said main track centerline), Township 81) North, Range 19 West of the 5th P.M.; thence westerly through Sections 5, 8 and 7, Township 79 North, Range 19 West of the 5th P.M.; thence westerly through Sections 12, 11, 10, 9, 4, 5 and 8, Township 79 North, Range 20 West (Including Section 31, Township 90 North, Range 20 West) of the 5th P.M.; thence westerly through Sections 1, 2, 3, 11, 10, 9, 8 and 7, Township 79 North, Range 21 West of the 5th P.M. rr�� in iVOt 73J 1'41 LG _1I 1,0 C7 C-) y r"1 C 7 "rit .=ii --1 . r"s rV [i C t`a U I 3>: w jI 1 29 age 13 of 40) . Polk County, Iowa Thence continuing westerly through Sections 12, 11, 2, 3, 4, 9, 8, 7 and 18, Township 79 North, Range 22 West of the 5th P.M.; thence westerly through Sections 13, 24, 23, 26, 35 and 34, to a termination at a line normal to said track centerline 820 feet westerly of the East line of said Section 34, as measured along said track centerline (Excluding all those 1,. parts of said Sections lying southerly or easterly of a line fifty feet southerly or easterly and ' parallel to the centerline of said main track) (E.P.S. 1825+00, M.P. 350.80) Township 79 1 North, Range 23 West of the 5th P.M. 1 SECTION FOUR 1 Altoona to Pella + Polk County,Iowa Beginning at the intersection of the centerline of Grantor's Altoona to Pella branch line , main track and the West line of the East Half of the Southeast Quarter of Section 13 (B.D. l i E.P.S. 18701+20 +), Township 79 North, Range 23 West of the 5th P.M.; thence easterly through said Section 13, Township 79 North, Range 23 Weat of the 5th P.M.; thence southeasterly along Grantor's Altoona to Pella branch line main track centerline through Sections 18, 17, 18, 9, 10, Il, 14 and 13,Township 79 North, Range 22 West of the Sth P.M. Jasper County, Iowa Thence southeasterly through Sections 18, 19, 20, 21, 28, 27, 34 and 35, Township 79 North, Range 21 West of the Sth P.M.; thence southeasterly through Fractional Sections 3, 2 and 1, Township 78 North, Range 21 West of the Sth P.M.; thence southeasterly through Sections 6, 5, 8, 9, 10, 15, 14, 23, 24, 25 and 36, Township 78 North, Range 20 West of the Sth P.M.; thence southeasterly through Section 31, (Excluding all that part of said Section 31 lying northerly of a Line fifty feet northeasterly of and parallel to said track centerline), Township 78 North, Range 19 West of the Sth P.M. VOL 733 ht,[12S 8 • I ry C.3 CD C-) a j -I c."j.,ti .•..... .�,...,, : ..: age 14 of 40) - - - - ________ jt Marion County, Iowa Thence southeasterly through Sections 6, 5, 8, 9, 16, 15, 22, 23, 26, 25 and 36, Township 77 North, Range 19 West of the 5th P.M.;thence southeasterly through Section 31, Township 77 North, Range 18 West of the 5th P.M.; thence southeasterly through Sections 6, 5, 4, 3, 10 j I1 LI! and 11 to a termination at the east/west centerline of said Section 11 (&P.3. 6056+50 ., pt M.P.114.60), Township 76 North, Range 18 West of the 5th P.M. SECTION FIVE W. Des Moines to Council Bluffs Polk County, Iowa Beginning at the intersection of the centerline of the Grantor's main track and a line normal to said track centerline located 362 feet westerly of the north/south centerline of Section 21, Township 78 North, Range 25 West of the 5th P.M., as measured along said track centerline,(E.P.B. 19272+47, M.P. 365);thence westerly along said track centerline through Sections 21, 28,29 and 30, Township 78 North, Range 25 West of the 5th P.M. Dallas and Madison Counties,Iowa Thence westerly through Sections 25, 26, 27, 28, 29 and 30, Township 78 North, Range 26 West of the 5th P.M., Dallas County;thence westerly through Sections 25,26, 27, 22, 21, 20, 29 and 30, Township 78 North, Range 27 West of the 5th P.M., Dallas County; thence southerly through Sections 25 and 36, Township 78 North, Range 28 West of the 5th P.M., Dallas County; thence westerly through Sections 1, 2, 3, 4, 5 and 6(Excluding all that part of the Southwest Quarter of said Section 4 lying southerly of a Line fifty feet southerly of Ij and parallel to said main track centerline), Township 77 North, Range 28 West of the 5th P.M., Madison County; thence westerly through Sections 1, 2, 3 and 4, Township 77 North, Range 29 West of the 5th A.M., Madison County; thence westerly through Sections 33, 32 and 31,Township 78 North, Range 20 West of the 5th P.M., Dallas County. • iVOL 733 t&LE129 ry U cp-) iv r f;1 -r7 n ri 31 • ft) ,,,{ agG 15 cf 40) Guthrie and Adair Counties,Iowa Thence westerly through Sections 36 and 35, Township 78 North, Range 30 West of the 5th t P.M.., Guthrie County; thence westerly through Sections 2, 3, 4 and 5, Township 77 North, , Range 30 West of the 5th P.M., Adair County; thence westerly through Sections 32 and 31, Township 78 North. Range 30 West of the 5th P.M.,Guthrie County;thence westerly through f Sections 36, 25, 28, 27, 28, 29 and 30 (Excluding that part of said Section 28 lying northerly i of a line fifty feet northerly of and parallel to said main track centerline), Township 78 y North, Range 31 West of the 5th P.M., Guthrie County;thence westerly through Sections 25, I. 38, 35, 34, 33, 32, 29 and 31, Township 78 North, Range 32 West of the 5th P.M.. Guthrie County; thence westerly through Sections 18, 35 and 94, 'Township 78 North, Range 33 West ! , of the 5th P.M., Guthrie County; thence westerly through Sections 3, 4, 9, 5, 7 and 18, Township 77 North, Range 33 West of the 5th P.M., Adair County; 1 Reserving to the Grantor all portions of Grantor's right-of-way In said Counties not I I currently necessary and useful for railroad operations by reason of line changes or re- alignments. Casa County, Iowa i Thence westerly through Sections 13, 14, 23, 22, 21, 28, 29, 30 and 31, Township 77 North, Range 34 West of the 5th P.M.; thence westerly through Sections 36 and 35, Township 77 • North, Range 35 West of the 5th P.M.;thence westerly through Sections 2, 3, 4, 9, 8 and 7, Township 76 North, Range 35 West of the 5th P.M.; thence westerly through Sections 12, II, 2, 3, 4, 5 and 6, (Excluding that part of the Southeast Quarter of said Section 8 lying southerly of a line normal to Grantor's former Atlantic to Griswold branch line main track centerline located approximately 1,075 feet southwesterly of the East line of said Section 6, as measured along said track centerline; Excluding that part of the Northwest Quarter of said Section 6 lying northerly of a line one hundred feet northerly of and parallel to the 1 10 tea 733 t.LE15O ) -c3 . -- --IC') r'-) r : _' ] 32 r' ` -- Coil age 16 of 40) t centerline of said main line track), Township 76 North, Range 38 West of the 5th P.M.; • thence westerly through Sections 1, 2, 3, 4, 5 and 8, Township 76 North, Range 37 West of 11 the 5th P.M. Pettawattamie County, Iowa Thence continuing westerly through Sections 1, 2, 3, 4, 5 and 8, Township 78 North, Range 38 West of the 5th P.M.;thence continuing westerly through Sections 1, 12, 11, 10, 9, 16, 17 and 18, Township 76 North, Range 39 West of the 5th P.M.;thence westerly through Sections 13, 14, 23, 22, 21, 20 and 19, Township 76 North, Range 40 West of the 5th P.M.; thence � ns westerly through Sections 24, 13, 14, 13, 22, 21, 20 and 19, Township 78 North, Range 41 West of the 5th P.M.r thence westerly through Sections 24, 23, 28, 27 and 34 to a termination at a line normal to said eenterl.lne Iocated 117.3 feet southerly of the North lino of said Section 34, as measured along said track centerline,(E.P.S. 25082+08,8, M.P. 475.02), {, Township 78 North, Range 42 West of the 5th P.M. ALSO Beginning at the intersection of the centerline of the Grantor's main track and 4 line normal to said track centerline located one hundred feet northerly of the east/west centerline of Section 5, as measured along said centerline, (E.P.S. 25679+15.7, M.F. 486.34), Township 74 North, Range 43 West of the 5th P.M.; thence generally westerly through . f Sections 5, 6 and 7, Township 74 North, Range 43 West of the 5th P.M.; thence northwesterly through Section 1, Township 74 North, Range 44 West of the 5th P.M.;thence F northwesterly through Sevtions 38 and 35 to a termination at the north/south centerline of said Section 35,(B.P.9. 26412+90),Township 75 North, Range 44 West of the 5th P.M. i VOL 733 Pt; 132 ' l. 11 .. - ry C.3 __i -.4 J (")-' i - v , 33 C-1 ----- - --- - --- - -- - - -- - '--_.. .... - ... s_ I age 17 of 40) JAL3OI All of Grantor's tracks and appurtanancee as presently laid out and located within i the East Half of the Southwest Quarter of Section 35, being Grantor's two main line tracks • end spur tracks 23 and 24, Township 75 North, Range 44 West of the 5th P.M. ALSOi All of Grantor's interest In his "Joint Riverline" which extends from E.P.S. 26403+40 4+38 R.& located in the Southeast Quarter of Section 35; thence northerly and westerly through Sections 35, 34 and 33 to a termination at E.O.T. 151+87.5 located In the Northwest j Quarter of the Northeast Quarter of said Section 33, Township 75 North, Range 44 West of the 5th P.M. 1 ' SECTION SIX Audubon to Atlantic 1 Audubon County,Iowa Beginning at the Intersection of the centerline of the Grantor's branch line main track and a I line normal to said centerline located 112.5 feet northerly of the east/west centerline of • Section 20, as measured along said track centerline, Township 80 North, Range 35 West of I the 5th P.M.; thence southerly along said track centerline through Sections 20, 21, 28, 33 '• and 34, Township 80 North, Range 35 West of the 5th P.M.; thenen southerly through Sections 3, 10, 15, 22, 27, 34 and 35, Township 79 North, Range 35 West of the 5th P.M.; thence southerly through Lot 1 of that un-named Fractional Section northerly of Section 5, and through Lot 4, Lot 5 and Lot 12 of that un-named Fractional Section north of Section 4, and southerly through Sections 4, 5, 8, 17, 18 and 19, Township 78 North, Range 33 West of the 5th P.M.;thence southerly through Sections 24, 25 and 36, Township 78 North, Range 38 West of the 5th P.M. i VOi. 733 ha 132 12 ,V CD . , 11 C,-+; -{ r 7 i 0 c-I >" (1 34 age 18 of 40) Cass County, Iowa Thence southerly through Sections 1,2, 11, 14, 23, 22,21,28,29, 31 and 31,(Excluding all of said Section 31 lying westerly of a line fifty feet westerly of and parallel to said branch line main track centerline), Townsh 77 North, { � Range 38 West of the 5th P.M.;thence southerly through the Northwest Quarter of the Northeast Quarter of Section 8 to a termination at • the intersection with the centerline of Grantor's main W. Des Moines to Council Bluffs track being at a line normal to said branch line main track centerline located 1,454 feet southerly of the North line of said Section 8,as measured along said branch line main track centerline, Township 78 North,Range 38 West of the 5th P.M. II 1 • • SECTION SEVEN Hancock to Oakland Pottawattamle County,Iowa Beginning at the intersection of the centerline of the Grantor's former branch line main track and the east/west centerline of Section 8,(B.P.S. 24539+75, M.P. 464.77), Township 79 • North, Range 39 West of the 5th P.M.; thence southerly along Grantor's branch line main track centerline through Sections 8,17,18,19 and 30,Township 78 North, Range 39 West of the 5th P.M.; thence southerly through Sections 25 and 38, to the south line of said Section i S8(B.P.S. 24794+15, M.P.469.59),Township 76 North, Range 40 West of the 5th P.M. 1 � I ! I I .vaL 733 Fll.E133 CD fi r7 N ' ;gym Ca N ' • Cil 35 t age of 4(.2) • EXCEPTING AND EXCLUDING THE FOLLOWING DESCRIBED PARCELS OP LAND: ISilvis Yard li i Parcel Is The Point of Beginning being on the west Line of the East Half of the Southwest Quarter of Section 29, Township 18 North, Range 1 East of the 4th P.M., and that southerly prc9erty line between the C.R.Lbc P. and Deere do Company established In an Instrument f from C.R_Ldc P. to Deere ck Company dated September 22, 1968,said Point of Beginning also ; being approximately 950 feet northerly of the south line of said Section 29;thence South 10° 34' 23" West, 414.81 feet to a point 15 feet north of the North rail of track 1170; thence South 79° 25'37" East along a line parallel with and 15.0 feet distant from said track 1170, 24.50 feet;thence South 10°34'23"West 9.40 feet;thence South 79° 25'37"East, 61.0 feet; I , I thence North l0° 34' 23k East, 9.40 feet to a point 15.00 feet north of the North rail of said track 1170; thence South 79° 25' 37" East along a line parallel with and 15.0 feet distant from said track #170, 826.41 feet; thence North 10° 34' 23" East, 58.00 feet; thence South I 79°25'37"East, 135.00 feet;thence South 10°34'23" West, 58.00 feet to a point 15.00 feet north of the North rail of said track #170; thence along parallel with and 15.00 feet distant • from said track #170 on the following courses and distances; South 79° 25' 37" Fast, 29.07 I feet; southeasterly along the arc of a curve, 158.90 feet, said curve having a radius of i 553.90 feet and a long chord which bears South 71° 12'31" Past, 158.38 feet; South 82° 59' i 24" East, 815.58 feet;southeasterly along the arc of a curve, 218.44 feet said curve having a radius of 749.58 feet and a long chord which bears South 54° 38' 30" East, 217.89 feet; thence South 480 17'35"East,341.02 feet to the point where said line intersects track 0229; thence North 43°42'25"East, 15,00 feet to a point 15.00 feet north of the North rail of said trade 0229; thence along, parallel with end 15.00 feet distant from said track 0229 and #170 on the following courses and distances; South 48° 17' 35" East, 101.30 feet; southeasterly along the are of a curve, 170.79 feet, said curve having a radius of 580.94 feet and a long chord which bears South 54°42'55"East, 170,17 feet; South 83° 08' 14^ East, 348.53 feet to the east line of the Northwest Quarter of the Northeast Quarter of Section 32; thence cool. 733 t'1i:r4 14 i i I N I -' :1 -! ---4 _;r:-.) r•, ti -- rt' 1 -1 io r_- " TJ 4J > __ 36 ` ' 1 age 2(.' at '_C') continuing South 63° 08' 14" East, 250.00 feet; there South 28° 51' 48" West, 40.00 feet; thence North 63° 08,14"West, 225.27 feet to said east line; thence South 04° 51' 55" East along said line, 34.67 feet; thence North 63° 05' 54" West, 78.87 feet; thence northwesterly along the aro of a curve, 129.12 feet, said curve having a radius of 452.88 feet and a long l � chord which bears North 71°15'59"West, 128.88 feet to a point on a line 15.00 feet distant from and parallel with the Southerly rail of track #118; thence North 79° 26'04" West along said line, 1846.56 feet to the point of intersection with a line 15.00 feet distant from and parallel with track #119;thence North 87°33' 55" West along said line, 113.83 feet; thence - North 02° 26' 05" East, 62.63 feet to a point on a line 12.30 feet southerly of and parallel with the centerline of track #123; thence North 79° 16' 00" West along said line 2104.81 feet; thence along said line, northwesterly along the are of a curve 389.54 feet,said curve having a radius of 2499.55 feat end a long chord which bears North 74° 48' 07" West, 389.15 feet; thence along said line, northwesterly along the arc of a curve, 305.51 feet,said curve having a radius of 698.19 feet and a long chord which bears North 82° 27' 45" West, 293.31 feet to a point on a line 12.50 feet distant from and parallel with the centerline of track #185; thence South 85° 24' 44" West along said line, 261.29 feet; thence North 00° 00' 00" West, 224.58 feat; thence South 79° 43' 15" West along the common boundary line between Iowa-Illinois Gas do Electric Co.and the C.R.Ldn P. 500 feet; thence North 82°33' 39"West along said common boundary 418.58 feet; thence South 75° 6'00" West 711 feet, more or less, to a line 30 feet easterly of and parallel to the north/south centerline of Section 30; - thence southerly along said line to a line 12 feet northerly of and parallel to the centerline of C.R.I.4t P. track #24; thence easterly along said lin° approximately 6,842 feet, more or less, to the west line of the East Half of the Northeast Quarter of Section 32; thence southerly along said west line to a line 15 feet northerly of and parallel to the centerline of the C.R,L& P. westbound/northerly main track; thence southeasterly along said line approximately 10,759 feet to a line oriented normally to said main track centerline located 921.5 feet southeasterly of the east/west centerline of Section 4, as measured along said f va 733 i cF 135 15 ry c_- :yam M C—) N {i I IN) 37 L • age 21 of 40) main track centerline, Township 17 North, Range 1 Fast of the 4th P.M.; thence normal 1 northeasterly to a line 40 feet northerly of and parallel to said westbound/north main track centerline; thence easterly along said line to the West Bank of the Rock River; thence northerly along said bank to the east/west centerline of Section 3; thence westerly along said east/west centerline to a point 479.5 feet northerly of said westbound/northerly main track centerline, ea measured normally to said centerline; thence northwesterly and parallel to said track centerline to the north line of Section 4;thence easterly along said north line approximately 84 feet to the east lino of Wiershing's First Addition; thence northerly along said line 422.73 feet;thence North 88° 45'West, more or less, for 152.85 feet;thence South 25 15' West, more or less, for approximately 267 feet; thence North 65° 15' West, more or less, for approximately'46 feet; thence North 30° 13' West, more or less, for 377,4 feet; thence North 74° 30' East, more or less, for 435 feet; thence North 25° 30' East, more or - • less, for 102.9 feet; thence South 72° 30' West, more or less, for 247.3 feet; thence North 41°45'West, more or less,for 645.9 feet;thence North 12° 45'West,more or less, for 801.8 feet; thence North 31° 30' West, more or less, for 440.8 feet, to the Indian Boundary Line; thence easterly along said line 550 feet to the north/south centerline of Section 33; thence north along said centerline 1,437.1 feet; thence North 85° 45' West for 2,453.2 feet; thence north parallel to the west line of said Section 33 1,952 feet; thence South 42° 58' West for 438.8 feet; thence northerly and parallel to the east line of Section 32 for 15 feet; thence North 9°39'East for 101.4 feet; thence northerly and parallel with said cast line of Section 32 to the north line of said section;thence westerly along said north section line 273 feet, more or less; thence northwesterly 270.24 feet along a circular curve concave to the • southwest and the radius of which Is 1530.86 feet to the most southerly point of that Tract 2 the C.R.Lt&P. conveyed to Deere & Company in instrument dated September 22, 1966; thence North 80° 50' 11" West along the southerly line of said Tract 2 for approximately 3,648 feet to a point on said west line of the East Half of the Southeast Quarter of Section 29, being the Point of Beginning; all in the Southeast Quarter of Section 30, the Northeast 16 Ivo: 733 r t;..re.116 (71 c-) - ry ice 7 - i 1 -:74 r.s _ 38 C l - - . ._ - aqo 22 of 40) Quarter of Section 31, the South Half of Section 29, the North Half of Section 32, the West • Fnif of Section 33, the Southwest Quarter of the Southeast Quarter of Section 33, Township 1.8 North, Range 1 East of the 4th P.M. and all in the Northeast Quarter of the Northwest Quarter of Section 4, the Northeast Quarter of Section 4 incl the West Half of Section 3, Township 17 North, Range 1 East of the 4th P.M. $' Parcel 2: Commencing at the intersection of the north line of First Avenue, City of Silvis and the west line of 7th Street,City of Silvis;thence North 10° 38'East along said west line of 7th Street,extended for 140.0 feet to a point on the north line of a recorded alley being i . 20 feet In width; thence South 79° 22'East along said north alley line for 722.04 feet to the Point of Beginning;thence North 10° 38'East for 432.95 feet; thence southerly and on a line parallel with the centerline of Grantor's westhound/northerly main track for 455.21 feet; thence normal southerly 282.95 feet; thence normal westerly 200 feet; thence normal southerly 150 feet; thence normal westerly 255.21 feet to the Point of Beginning;all in the West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 North, Barge 1 East of the 4th P.M. Parcel 31 Commencing at the intersection of the north line of First Avenue and the west line of 18th Street,as laid out and located In the City of Silvis, Illinois;thence South 79° 22' East for 218.0 feet; thence North 10° 38' East for 504.46 feet to a line 30 feet southerly f om and parallel to the centerline of arantor's southerly/eastbound main track; thence southeasterly along said line South 79° 23' West for 1004.83.feet to the Point of Beginning; thence South 10° 37'West for 72.5 feet;thence 180 feet along a curve to the Ieft of radius 57.5 feet, and control angle of 180° for an arc distance of 180.83 feet;thence North 10°37' East for 72.5 feet to said line 30 feet southerly of said math track centerline; thence westerly along the last line Intersected 114 feet, more or less, to the Point of Beginning;all in the Northeast Quarter of Section 32,Township 18 North, Range 1 East of the 4th P.M. ivcc. 733 fuf37 17 53 rri 77. ry 3 9 crz " age 23 of 40) , • Parcel 4* Commencing at the intersection of the west line of Section 33 and a line 17.1 feet southerly of end parallel to the centerline of Grantor's so utherlyJeasthound main track; thence easterly along said line southerly of said centerline for 140.5 feet to the Point of Beginning; thence South 19° 15' East, more or less, for 478.8 feet; thence North 44° 15' • East, more or less, for approximately 150 feet to said line southerly of said main track centerline;thence northwesterly along the last line Intersected for 435 feet,more or less, to the Potnt of Beginning; all le the Northwest Quarter of Section 33, Township 18 North, Range 1 East of the 4th P.M. Parcel Si The Point of Beginning being the intersection of the north line of Memory Lane and the east line of Boulevard Avenue, as laid out and located in Carbon Cliff, Illinois; thence westerly along said north line of Memory Lane 83 feet, more or less; thence North 7° 45'West,more or less,for 318.5 feet to a line 75 feet, more or less, westerly of and parallel _ to the centerline of said Boulevard Avenue; thence northerly along a curve to the right, being said line westerly of said Boulevard street centerline, to a line 40 feet southwesterly of and parallel to the centerline of Grantor's southerly/eastbound main track; thence I southeasterly along the last line Intersected 1415 feet, more or less; thence South 86° 45' West, more or less, for 318.78 feet to the centerline of First Avenue; thence northerly along the last line intersected, es extended, 400 feet, more or less; thence North 33° 45' West, • more or less, for approximately 470 feet, to the south line of Section 33; thence westerly along said south line for approximately 270 feet to said east line of Boulevard Avenue, extended northerly; thence southerly along the last line Intersected 319 feet, more or less, to the Point of Beginning; all in the North Half of the North Half of Section 4, Township 17 North, Range 1 East of the 4th P.M. and the Southeast Quarter of the Southwest Quarter of Section 33,Township 18 North, Range 1 East of the 4th P.M. ALSO reserving in favor of the Grantor the following easements, 18 VOL 733 t;LE128 I r.s J —,7") r', .rn i.. rr v-; 40 ago 14 of 40) (A) An easement for roadway access across the right-of-way herein convoyed extending from the prolongation of the northwesterly line of Parcel 2 herein southerly 80 feet to a line parallel with said prolonged line;said casement to be maintained at Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad operations; all in the West Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 18 • North,Range 1 East of that 4th P.M. (B) An easement for roadway access across the right-of-way conveyed heroin being thirty feet on each side of an existing roadway centerline which is normal to Grantor's westbound/north main track centerline located 944.7 feet easterly of the west line of Section 33, as measured along said track centerline; said easement to be maintained at - . Grantor's expense and utilized in such a way as not to unreasonably interfere with railroad - 1 operations;all in the Southwest Quarter of the Northwest Quarter of Section 33, Township tt 18 North, Range 1 East of the 4th P.M. (C) An easement for roadway and utility access being 50 feet on each side of the centerline of Boulevard Avenue as the centerline of said Avenue crosses the right-of-way conveyed herein or as said Avenue centerline is extended across said right-of-way; said easement to be maintained at Grantor's expense and utilized in such a way es not to unreasonably interfere with railroad operations;all in the Southeast Quarter of the Southwest Quarter of t ' Section 33,Township 18 North, Range 1 East of the 4th P.M. West Liberty Parcel 8: All that part of Section 12 lying northeasterly of a line fifty feet northeasterly of and parallel to the centerline of Grantor's E. Des Moines to Davenport main track and II • lying northerly of a line 1320 feet southerly of and parallel to the east/west centerline of said Section 12,all in Township 78 North, Range 4 West of the 5th P.M. j s 18 ,v91. 733 rta139 . ns cZ, C.)• -= �:t-a CD tr_ v t -( r\.) fT1 'r7 41 cn: 1 Li Cil — _ —u_. ago 25 of -_U) • • Parcel 7r AU of Grantor's Interest in Its West Liberty to Cedar Rapids right-of-way being southerly of the south line of the North Half of the Southwest Quarter of Section 12, northerly of a line 50 feet northerly of and parallel to the centerline of Grantor's Davenport to E. Des Moines main trade and westerly of a line 19 feet easterly of and parallel to the centerline of Grantor's West Liberty to Cedar Raplds main track; all In the North Half of the West Half of the South Half of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the 3rd P.M. Parcel 8: All of Grantor's interest in Outlot No. 10 of the City of West Liberty,and all of Grantor's Interest in Grantor's Columbus Junction to Cedar Rapids right-of-way lying easterly of said Outlot No. 10 and lying southerly of a lino fifty feet southerly of and sIs parallel to Grantor's Davenport to E. Des Moines main track centerline; all In the Southwest Quarter of the Southwest Quarter of Section I2, Township 78 North, Range 4 West of the 5th P.M. Parcel 9r All of Grantor's Interest In Lots I through 16 Inclusive of Outlet No. 3 of the { • City of West Liberty, being in the east four hundred feet of the north five hundred feet of the south one thousand four hundred feet of the west one thousand fifty feet of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the 5th P.M. EXHIBIT A (continued) Being particular descriptions of certain parcels described in general terms above and not within any exclusion to the property conveyed. • BUREAU COUNTY,ILLINOIS Sheffield Parcel 1: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's eastbound main track and on the east line of Washington Street, produced soutperiy; thence northerly along said produced street line twenty-five feet; thence North 58 West, more or less, for two hundred nineteen feet to the southerly Iine of North Railroad Street; thence westerly along said southerly street line eight hundred eight feet to the easterly line of that tract conveyed to Continental OIl Company via Instrument dated July 19, 1968; thence normal southerly along said easterly line to said line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last line intersected to the Point of Beginning; alt In the South Half of the Northeast Quarter of Section 19, Township 16 North, Range 7 East of the Fourth Principal Meridian. (VOL 733 igi.1.413 20 • --1 --4 c-7—( �i N —271 4 2 =� N age 26 of 40) • • ROCK ISLAND COUNTY, ILLINOIS Hock Island Parcel 2; The Point of Beginning being on a lino thirty-three feet northerly of and parallel to the est/West centerline of Section 38 end on the Southeast Corner of Lot 7 of Alvin Hull's Addition to Rock Island; thence northerly along the East line of said Lot 7 to a line eighteen feet southerly of and parallel to the centerline of Grantor's southerly main track; • thence southeasterly along the last line intersected to said line thirty-three feet northerly of said East/West centerline; thence westerly along the last line intersected to the Point of • Beginning; all in the South Half of the Southwest Quarter of the Northeast Quarter of Section 36, Township 18 North, Range 2 West of the Fourth Principal Meridian. SCOTT COUNTY, IOWA • Davenport Parcel 3: The Point of Beginning being on the west line of Block 74 and on the north line of the East/West alley of said Block 74; thence easterly along said alley line one hundred fifty feet; thence northwesterly and at an interior angle of 45 to the last-described line to the intersection with said west Block line;thence southerly along said west Block line to the Point of Beginning, all in Block 74 of LeCairo's Addition to the City of Davenport, in the Northwest Quarter of Section 38, Township 78 North, Range 3 East of the Fifth Principal 1 Meridian. Parcel 4: The Point of Beginning being the intersection of the west line of Division Street and a line fifty feet southerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence easterly along said southerly line two hundred ninety-six feet, more or less;thence southerly and parallel to said west street line fifty-five feet, more or less, to a line twelve feet northerly of and parallel to the centerline of Grantor's Track 01; thence southwesterly along the last line intersected to the northerly prolongation of a line oriented at right angles to said Track 01 centerlirhe and located at the westerly end of said Track 01; thence southwesterly on an angle of 45 from the last line intersected to the Intersection with a line twelve feet northerly of and parallel to the centerline of Grantor's main Davenport to Muscatine track; thence westerly along the last line intersected to said west line of Division Street; thence northerly along the test line Intersected to the Point of Beginning;all In the Southwest Quarter of the Southeast Quarter of Section 27,Township 78 North, Range 3 East of the Fifth Principal Meridian. Walcott Parcel 5: The Point of Beginning being on the North/South centerline of Section 6 and on a line one hundred fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the westerly line of Main Street, produced southerly; thence southerly along the last line intersected to a line twenty-five feet northerly of and parallel to said main track centerline; thence easterly along the last line Intersected to the easterly line of Henry Street, produced southerly; thence northerly along the last line intersected to said line one hundred fifty foot northerly of said main track centerline; thence westerly along the last line intersected to the Point of Beginning; all in the South Half of Section 8, Township 78 North, Range 2 East of the Fifth Principal Meridian. 21 a Val. 733 ti111 • N C� --1 C, +v c • 43 � • -�.�-k--.__ ---.i - -_�r. s -w ���V.�.. .. •� . . age 1 ' of 4C') • • Parcel 81 The Point of Beginning being on the centerline of Parker Street, as laid out and located in the Town of Walcott, and on the north line of Block 13, as laid out and located in the Town of Walcott, produced easterly; thence westerly along said northerly Block line to the west line of Lot 2 of said Block; thence southerly along said west Lot line to a tine twenty-five feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along the last line intersected to said Parker Street centerline; thence northerly along the last line intersected to the Point of Beginning; all in the East Half of the Southwest Quarter of Section 8, Township 78 North, Range 2 East of the Fifth Principal Meridian. CEDAR COUNTY,IOWA Durant Parcel 7; The Point of Beginning being on the west line of Warren Street and on a line fiftt northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said centerline to the westerly line of Howard Street; thence normal northerly for one hundred feet; thence normal westerly one hundred sirty feet; thence normal southerly ono hundred feet; thence normal westerly to the east line of Clay Street; thence normal southerly to a Line twenty-two feet northerly of and parallel to said main track centerline; thence easterly along the last line intersected to the westerly line of Warren Street; thence normal northerly to the Point of Beginning; all in the South Half of Section 36, Township 79 North, Range 1 West of the Fifth Principal Meridian. MUSCATINF.COUNTY, IOWA Wilton Parcel B: The Point of Beginning being on a line twenty feet northerly of and parallel to the centerline of Grantor's northerly main track and on the east line of Cypress Street; thence easterly along said line northerly of said track centerline to the East/West centerline of Section 8;thence northerly along the last line Intersected to a line fifty feet northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east line of Cypress Street; thence southerly along the last line Intersected to the Point of Beginning; all in the Southeast Quarter of the Northwest Quarter of Section 6,Township 78 North, Range 1 West of the Fifth Principal Meridian. Parcel 9: The Point of Beginning being on the westerly line of Chestnut Street and on a line fifty feet northerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along said line northerly of said track centerline to the easterly line of Lot 11 of Block 82 extended southerly; thence southerly along the last line intersected to a Line twenty-five feet northerly of and parallel to said track centerline; thence easterly along the last line intersected to said westerly line of Chestnut Street; thence northerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of Section 1, Township 78 North, Range 2 West end in the Southwest Quarter of Section 8, Township 78 North, Range 1 West of the Fifth Principal Meridian. i V0. 733 i tLt 142 22 ry t 0 .7, --h C, N Y f - r7 44 Iv CD C� age 2H of 40) I , Parcel 10: The Point of Beginning being on the easterly line of Public Road and on a line ten feet southerly of and parallel to the centerline of Grantor's Track 4; thence easterly along the last line Intersected to the westerly lino of Pine Street, produced northerly; thence southerly along the last line intersected to a line fifty feet southerly of and parallel to the centerline of Grantor's northerly main track; thence westerly along the last line intersected to said easterly line of Public Road; thence northerly along the last line intersected to the Point of Beginning; all in the Northeast Quarter of the Southeast Quarter of Section 1,Township 78 North,Range 2 West of the Fifth Principal Meridian. Atallssa Parcel 11; The Point of Beginning being on the East llr.e of Oak Street and on a line two hundred feet northerly of and parallel to the centerline of Grantor's northerly main track; thence easterly along said line northerly of said centerline three hundred five feet; thence normal southerly one hundred fifty feet;thence normal easterly to the west line of Cherry Street; thence southerly along the last line Intersected to a line twenty-five feet northerly of and parallel to said track centerline; thence westerly along the last line intersected to said east line of Oak Street; thence northerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of the Southwest Quarter of Section 11,Township 78 North, Range 1 West of the Fifth Principal Meridian. Parcel 121 The Point of Beginning being on a line twenty-five feet southerly of and parallel to the centerline of Grantor's northerly main track and on the west line of Cherry Street; thence westerly along said line southerly of said track centerline to the west line of Linn Street, produced northerly; thence southerly along the last line intersected to a line one hundred feet southerly of and parallel to said track centerline; thence easterly along the last line intersected to said west line of Cherry Street; thence northerly along the last line intersected to the Point of Beginning; all in the Southeast Quarter of the Southwest Quarter of Section 11, Township 78 North, Range 3 West of the Fifth Principal Meridian. West Liberty Parcel 13: The Point of Beginning being on a line fifteen foot easterly of and parallel to the centerline of Grantor's Cedar Rapids to Columbus Junction main track and on a line fifteen feet northerly of and parallel to the centerline of the Grantor's northerly Davenport to Iowa City main track; thence northerly along said line easterly of said Cedar Rapids to Columbus Junction main track centerline to the westerly extension of the south alley line of Block 4 of Moorehouse Addition to the Town of West Liberty; thence easterly along the last line Intersected one hundred five feet, more or less; thence normal southerly eighty feet, more or less; thence South 36o East, more or lam, for eighty-seven feet, more or less, to the north line of Fourth Street; thence South 7 5' West, more or less, to a line fifty feet northerly of and parallel to said Davenport to Iowa City northerly main track centerline; thence easterly along the last lino Intersected to the south line of Fourth Street; thence westerly along the last line Intersected to said line fifteen foot northerly of said Davenport to Iowa City northerly main track centerline; thence westerly along the last line intersected to the Point of Beginning; all track and streets as laid out and located In the City of West Liberty; all to the West Half of the Southwest Quarter of Section 12,Township 78 North, Range 4 West of the Fifth Prinoipal Meridian. 1i 23 VOLI733 YALF1Y3 C) yam, xy�, `_; c)-; -1 C7 N ; i1 45 � � ii Qyc25 UL _ i • JOHNSON COUNTY, IOWA Tiffin Parcel 14: The Point of Beginning being on the North/South centerline of Section 28 and on a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence northerly along said North/South centerline one hundred feet; thence easterly end t parallel to said track centerline three hundred feet; thence normal southerly one hundred feet to said line fifty feet northerly of said track centerline; thence westerly along the ' last line intersected three hundred feet to the Point of Beginning; all in the North Half of , the Southwest Quarter of the Southeast Quarter of Section 28, Township 80 North, Range 7 West of the Fifth Principal Meridian. r IOWA COUNTY, IOWA Marengo Parcel 15: All of Grantor's interest in the South Half of the Southeast Quarter of Section 2lying northerly of a lino twenty-five feet northerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth Principal Meridian. Parcel lBt All of the Grantor's interest In the South Half of the Southeast Quarter of Section 25 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; Township 81 North, Range 11 West of the Fifth I Principal Meridian. 1 Victor . Parcel 17, All of Grantor's interest in the South half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the Northwest Quarter of Section 19, lying northerly of a line twenty feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said Section 18, as measured along said track centerline; Township 80 North, Range 12 West of the Fifth Principal Meridian. Parcel 18: All of Grantor's interest in the South Half of the Southwest Quarter of the Southwest Quarter of Section 18 and the North Half of the Northwest Quarter of the Northwest Quarter of Section 19, lying southerly of a line twenty feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of a line normal to said track centerline located three hundred eighty feet northerly of the south line of said Section 18, as measured along said track centerline; Township BO North, Range 12 West of the Fifth Principal Meridian. vol 733 t:if1 4 24 1 I . 1 r� k_J .. (-, c-, w,_ 'i7 rn • f,J z. J 46 1 ca age 30 of 4O) • • POWESHIEK COUNTY, IOWA Brooklyn Parcel 19, All of Grantor's Interest in the West Half of the Northeast Quarter of Section 23, lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying easterly of the easterly line of Clay Street; Township 80 North, Range 13 West of the Fifth Principal Meridian. Parcel 20, All of Grantor's Interest in the East Half of the Northwest Quarter and the West Hail of the Northeast Quarter of Section 23, lying southerly of a line twenty-five foot southerly of and parallel to the centerine of Grantor's main track, Township 80 f: North, Range 13 West of the Fifth Principal Meridian. Malcolm Parcel 21: The Point of Beginning being on the west line of Washington Street and on a line twenty-flvo feet southerly of and parallel to the centerline of Grantor's main track; thence westerly along said line southerly of said track centerline twelve hundred and five feat, more or less; thence normal southwesterly one hundred seventy-five feet; thence southeasterly and parallel with said main track centerline four hundred fifty feet, more or lea, to the westerly line of that property conveyed to Leonard J. Dalton by the Chicago, Rock Island and Pacific Railroad Co. via instrument dated February 10, 1969; thence northerly along the last line Intersected one hundred fifty feet; thence easterly and I, parallel with said track centerline three hundred fifteen feet; thence normal southerly one hundred fifty feet; thence southeasterly and parallel with said track centerline five hundred fifty feet, more or less, to said west line of Washington Street; thence northerly along the last line intersected to the Point of Beginning; all In the South Half of the Southeast Quarter of Section 28, Township 80 North, Range 15 West of the Fifth Principal Meridian. Grinnell Parcel 22, All of Grantor's Interest In Lots 4, 5, and 6 of Block 19 of the Town of Grinnell lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; in the West Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 80 North, Range 16 West of the Fifth Principal Meridian. -• JASPER COUNTY, IOWA Kellogg Parcel 23, The Point of Beginning being on the easterly line of High Street and on a line • two hundred feet northerly of and parallel to the centerline of Grantor's original main track; thence southerly one hundred seventy-five feet along said easterly street line produced to a line twenty-five feet northerly of and parallel to the centerline of Grantor's current main track; thence westerly and parallel with said current main track centerline to the easterly line of West Street, produced southerly; thence northerly along the last line Interseated to said line two hundred feet northerly of said original main track centerline; thence easterly along the last line intersected to the Point of Beginning; 26 VOL 733 rpt j45 C, Rvn CD y-, R4 a fv 1.�. c:•:73) -.j. R.) 47 0, 1 1; is age 31 of 40) • ALSOI An easement for buildings and other structures, which extend southerly of that line being twenty-five feet northerly of and parallel to said current main track centerline, said buildings and other structures not to be repaired or replaced if substantially damaged or destroyed; all streets and track being as laid out or monumented In the Jasper City ' Addition and Blair's First Addition to the Town of Kellogg; all in the North Half of the Northeast Quarter of Section 28, Township 80 North, Range 18 West of the Fifth Principal Meridian. Newton Parcel 24i The Point of Beginning being on the southerly line of North 8th Avenue and on a line fifty feet northerly of and parallel to the centerline of Grantor's track; thence westerly along said southerly avenue Iine one hundred ninety-five feet, more or less, to the easterly line of 1st Street North; thence southerly along said easterly street line one hundred fifty feet, more or Iess, to a line twenty-one and five-tenths feet northerly of and parallel to said main track centerline; thence northeasterly along the last line intersected to said southerly line of North 8th Avenue; thence westerly along the last line Intersected to the Point of Beginning; ALSO, an easement for existing buildings and other structures • which extend southerly of said Iine being twenty-one and five-tenths feet northerly of and parallel to said main track centerline, said buildings and other structures not be to repaired or replaced If substantially damaged or destroyed; all in the South Half of the Southwest Quarter of Section 27, Township 80 North, Range 19 West of the Fifth Principal ! Meridian. Parcel 25; All of Grantor's Interest in the West Half of the Southwest Quarter of the )+ Southwest Quarter of Section 27 Iying northerly of a line ten feet northerly of and parallel to the centerline of Grantor's Track #14; Township 80 North, Range 19 West of the Fifth Principal Meridian. POLK COUNTY, IOWA Altoona Parcel 28: All of Grantor's Interest In the north eight hundred feet of the East Half of the Southeast Quarter of Section 13 lying northerly of the southerly line of Second Street, westerly of the westerly Iine of Main Street, easterly of a line throe hundred fifty feet easterly of and parallel to the west line of said East Half of said Southeast Quarter, and southerly of a line thirty feet southerly of and parallel to the centerline of Grantor's mein track;Township 79 North,Range 23 West of the Fifth Principal Meridian. • � I 26 !VOL 733 FACE 1.46 ry f" r� ` _fTl 11 1 s >I ti Q�d 48 c-1 age 32 ct: 40) •DALLAS COUNTY,IOWA DeSoto Parcel 27: All of Grantor's interst in the East Half of the Northwest Quarter of Section • 30 lying northerly of a line fifty feet northerly of and parallel to the centerline of • Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. Parcel 26: All of Grantor's interest in the East Half of the Northwest Quarter of Section 30 lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 27 West of the Fifth Principal Meridian. MADISON COUNTY,IOWA Earlham Parcel 29: The Point of Beginning being on the west line of Section 6 and on a line twenty feet southerly of end parallel to the centerline of Grantor's main track; thence southeasterly along said line southerly of said main track centerline to the westerly line of Chestnut Street extended northerly; thence southerly along said street line to a line fifty feet southerly of and parallel to said main track centerline; thence northwesterly along the last line intersected to a line fifty-three feet easterly of and parallel to the easterly line of Locust Street; thence southerly along the last line intersected approxi- mately one hundred fifty feet to the northerly line of Lot 11, Block 16; thence westerly along said lot line to said easterly line of Locust Street;thence northerly along said street line to a line one hundred fifty feet southerly of and parallel to said mein track centerline; thence westerly along the last line intersected to the westerly line of Locust Street; thence northerly along said street line to said line fifty feet southerly of said track centerline; thence westerly along the last line intersected to said west line of Section 6; thence northerly along said west line to the Point of Beginning; all in the Southwest Quarter of the Southwest Quarter of Section 6, Township 77 North, Range 28 West of the Fifth Principal Meridian. Parcel 30: All of Grantor's interest in the South Half of the Southeastofr Quarter lyingQuarter l e the Southwest northerly of a tine twenty-five feet northerly of and parallel to • the centerline of Grantor's main track, lying easterly of the easterly line of Sycamore Street and westerly of the westerly line of Maple Street; Township 77 North, Range 28 West of the Fifth Principal Meridian. DALLAS COUNTY,IOWA Dexter Parcel 31: All of Grantor's interest in the Northeast Quarter of Section 31 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Clark Street extended southerly and lying westerly of the westerly line of Lyon Street,extended southerly;Township 78 North, Range 29 West of the Fifth Principal Meridian. Parcel 32: All of Grantor's interest in the East Half of the East Half of the Northeast Quarter of Section 31 lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track, lying westerly of the westerly line of Warren 27 i VOL 733 fAcd47 C:7 a CD m, ▪ l ) M • 1 csara C g,-.awe 777 5. • 49 -- age 33 of 40) _ • Street and lying easterly of a line one hundred twenty feet westerly of said westerly line of Warren Street;Township 78 North, Range 29 West of the Fifth Principal Meridian. 1. ADAIR COUNTY, IOWA Stuart Parcel 33: All of Grantor's interest in the North Half of the Northwest Quarter of the 1, Northeast Quarter of Section 5,lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Adams Street produced and lying westerly of the westerly line of Park Street produced; Township 77 North, Range 30 West of the Fifth Principal Meridian. Parcel 34: All of Grantor's Interest In the North Half of the Northeast Quarter of the Northeast Quarter of Section 5, lying northerly of a line fifteen feet northerly of and parallel to the centerline of Grantor's main track, lying easterly of the easterly line of Western Street produced northerly, lying westerly of the easterly line of Harrison Street • produced and lying southerly of Front Street;Township 77 North, Range 30 West of the • Fifth Principal Meridian. • Parcel 35: All of Grantor's interest in the east six hundred feet of the North Half of the Northeast Quarter of the Northwest Quarter of Section 4 lying northerly of a line twenty- five feet northerly of and parallel to the centerline of Grantor's main track;Township 77 North, Range 30 West of the Fifth Principal Meridian. GUTHRIE COUNTY,IOWA Menlo Parcel 38: The Point of Beginning being on a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Adair Street; thence northerly along said westerly street line to a Ilne one hundred fifty feet northerly of and parallel to said main track centerline; thence westerly along the last line intersected twelve hundred forty-five feet, more or less, to the southeasterly line of that property the Chicago, Rock Island and Pacific R.R. Co. conveyed to Menlo Elevator Company via instrument dated November 15, 1967; thence normal southwesterly along said southeasterly line to said line twenty-five feet northerly of said centerline; thence southeasterly along the last line Intersected to the Point of Beginning; ALSO: An easement for buildings and other structures which extend southerly past said line twenty- five feet northerly of and parallel to said main track centerline, said buildings or other structures not to be repaired or replaced If substantially damaged or destroyed;all in the South Half of Section 27, Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 37: All of Grantor's Interest in the Southwest Quarter of the Southeast Quarter of Section 27 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track tying westerly of the westerly line of Adair Street and lying easterly of the easterly line of Sherman Street; Township 78 North, Range 31 West of the Fifth Principal Meridian. Parcel 38, Ail of Grantor's interest In the East Half of the Southwest Quarter of Section 27 lying easterly of the east line of Sheridan Street, lying westerly of the west line of 28 I VOL 733 -act 148 • O =c) N -n I�I cDrD 50 `�' age 34 of 40) I ' Sherman Street and lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track; Township 78 North, Range 31 West of the Fifth Principal Meridian. Casey Parcel 39; All of Grantor's interest in the South Half of the Southwest Quarter of the Southeast Quarter of Section 34 and all of Grantor's interest in the East one hundred feet of the East Half of the Southeast Quarter of the Southwest Quarter of Section 34, both I+ lying easterly of the easterly line of McPherson Street, lying southerly of a line twenty- five feet southerly of and parallel to the centerline of Grantor's main track and lying westerly of the westerly line of Russell Street;Township 78 North, Range 32 West of the Fifth Principal Meridian. SI' CASs COUNTY,IOWA Anita Parcel 40, All of Grantor's interest In the east one theirsand feet of the Northeast Quarter of the Northeast Quarter lying southerly of a line fifty feet southerly of and parallel to the centerline of Grantor's main track; Township 77 North, Range 34 West of the Fifth Principal Meridian. Wiota t. Parcel 41: All of Grantor's interest In the Northwest Quarter of Section 9 lying northwesterly of a lino twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying northeasterly of the northeasterly line of Front Street, as laid out and located in the Town of Wiota,Township 76 North, Range 35 West of the Fifth Principal Meridian. Parcel 42: AU of Grantor's interest in the South Half of the Northeast Quarter of the Northwest Quarter of Sectio: 9 lying southeasterly of a line twenty-five feet south- easterly of and parallel to the centerline of Grantor's mein track, lying southwesterly of the southwesterly line of East Street, lying northwesterly of the northwest line of Main Street and lying northeasterly of a line one hundred twenty feet southwesterly of and parallel to said southwesterly line of East Street;Township 76 North, Range 35 West of • the Fifth Principal Meridian. Atlantic Parcel 43, All of Grantor's interest In the Northwest Quarter of the Southwest Quarter • and the Southwest Quarter of the Northwest Quarter of Section 5, both lying easterly of the easterly alley line of Block 76 of the Town of Atlantic and lying westerly of a lino fifteen feet westerly of and parallel to the centerline of Grantor's Track 625;Township 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 44; All of Grantor's Interest in the Northeast Quarter of the Southwest Quarter of Section 5 lying easterly of the westerly line of Poplar Street produced northerly,lying westerly of the westerly line of Chestnut Street, lying northerly of a line two hundred 4 { 733 q 18 EVDL h.3tiE1t�7n r � • 5 e c-)"< - . -i CI I•• �•.� 51 �• ' age 35 of 40) • • • • feet southerly of and parallel to the centerline of Grantor's main track and lying southerly of a line ten feet southerly of and parallel to the centerline of Grantor's Track 08; Township 76 North, Range 36 West of the Fifth Principal Meridian. Parcel 45: All of Grantor's Interest in the West Half of the Northeast Quarter of the Southeast Quarter of Section 5 lying southerly of a line twenty-five feet southerly of and parallel to the centerline of Grantor's main track, lying easterly of the westerly line of Linn Street, produced northerly, and lying westerly of the east line of Oak Street; Township 76 North,Range 38 West of the Fifth Principal Meridian. Parcel 462 The Point of Beginning being on the centerline of Linn Street, produced northerly and on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said main track centerline one hundred thirty feet, more or less;thence normal southerly one hundred fifty feet, more or le:a, to a line ten feet northerly of and parallel to the centerline of Grantor's'Lack 013; thence easterly end parallel to said Track 013 centerline approximately one hundred sixty-five feet to said produced street centerline; thence northerly along said street centerline to the Point of Beginning; all in the Northeast Quarter of the Southeast lr 4 Quarter of Section 5,Township 78 North, Range 38 West of the Fifth Principal Meridian. Parcel 47: The Point of Beginning being on a line two hundred feet northerly of and parallel to the centerline of Grantor's main track and on the westerly line of Maple Street, produced northerly; thence easterly parallel to said track centerline one hundred seventy-five feet, more or less, to the southeast corner of that certain Commercial • Street,Lot 25;thence normal southerly one hundred forty feet, more or less, to a line tet; 8 feet northerly of and parallel to the centerline of Grantor's Track 013; thence North 70 West, more or less,for approximately one hundred seventy feet to said west line of Maple Street,produced northerly; thence northerly along the last line intersected to the Point of Beginning,all In the Northwest Quarter of the Southeast Quarter of Section 5, Township 76 North, Range 38 West of the Pifth Principal Meridian. Parcel 48: The Point of Beginning being on the northerly line of Commerce Street and on the East/West centerline of Section 5; thence westerly forty feet,more or less, to the southwest corner of Lot 48; thence northerly along the west line of Lot 46, produced northerly, six hundred feet; thence easterly parallel with said street line three hundred sixty-eight feet; thence southerly and parallel with said west line of Lot 48, six hundred feet to said northerly street line; thence westerly along said street line to the Point of Beginning; all In the Southwest Quarter of the Northeast Quarter of Section 5 and the north one hundred feet of the Northwest Quarter of the Southeast Quarter of Section 5, Township 76 North, Range 36 West of the Fifth Principal Meridian. POTTAWATTOMIE COUNTY, IOWA Council Bluffs _ Parcel 49: All of Grantor's Interest In the Southwest Quarter of Section 38 lying easterly of the easterly line of 8th Street, lying northerly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track and lying westerly of a line one hundred fifty feet, more or less, easterly of and parallel to the easterly line of 7th Street;Township 75 North, Range 44 West of the Fifth Principal Meridian. Parcel 50: The Point of Beginning being on the Eest Line of Stollen 1, Township 74 North, Range 44 West of the Fifth Principal Meridian at a point three hundred ninety-five 30 t VOL 733 1,4tE150 _i o 9 ---I rri fw 5 2 �� age 36 of 40) • feet, more or less, southerly of the East/West centerline of said Section 1; thence southerly along said east Section line ninety-five feet, more or less ; thence North 51 15' East, more or less, for sixty feet, more or less; thence South 38 45'East, more or less, for five hundred and fifty-five feet,more or less;thence normal southwesterly forty feet, more or less, to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's yard ladder track; thence northwesterly along said line to a line fifteen feet northeasterly of and parallel to the centerline of Grantor's Track #5; thence northwesterly along the last line intersected to a line approximately one hundred seventy feet northerly of and parallel to said East/West centerline of Section 1; thence easterly along the last lino intersected two hundred twenty-five feet, more or less; thence South 38 45' East,more or less, for approximately 731 feet to the Point of Beginning;all In the South Half of the Southeast Quarter of the Northeast Quarter of Section 1 and the East • Half of the Northeast Quarter of the Southeast Quarter of Section 1. Township 74 North, Range 44 West of the Fifth Principal Meridian and in the West Half of the Northwest Quarter of the Northwest Quarter of Section 6, Township 74 North, Range 43 West of the Fifth Principal Meridian. Parcel 51: The Point of Beginning being the Northeast corner of the Northwest Quarter of Section 7; thence southerly along the east line of laid Northwest Quarter approxi- mately three hundred thirty-five feet; thence South 50 0' East, more or less, for nine hundred ninety feet to a line fifty feet northerly of and parallel to the centerline of Grantor's main track; thence westerly and parallel to said track centerline nine hundred twenty-four feet, more or less, to a line fifteen feet northerly of and parallel to the centerline of Track #14; thence northwesterly along the last line Intersected to a line which travels northwesterly along a series of lines being fifteen feet northeasterly of and parallel to the centerlines of Tracks #14, #27, #28, and #24 to the north line of said Northwest Quarter; thence easterly along said north line one hundred twenty feet, more or less, to the west line of Lot 18 of Mallet's Subdivision in Auditors Subdivision of Lot 5; thence northerly along said west lot lino approximately five hundred ninety-two feet to the centerline of South Avenue; thence southeasterly along said street centerline • approximately two hundred seventy-five feet to the easterly line of Lot 15 of said eubdivision; thence southerly along said easterly lot line approximately one hundred • eighty-five feet to a line one hundred sixty feet southerly of and parallel to said South Avenue centerline; thence southeasterly along the last line intersected to the easterly line of Lot 14 of said subdivision; thence southerly along said easterly lot line to said north line of said Northwest Quarter; thence easterly along said north line approximately two hundred forty-five feet, to the Point of Beginning; all in the Northeast Quarter of the Northwest Quarter of Section 7, the Northwest Quarter oett;e Northeast Quarter of Section 7 and the Southeast Quarter of the Southwest Quarter"of Section 6, Township 74 North, Range 43 West of the Fifth Principal Meridian. JASPER COUNTY,IOWA , Monroe Parcel 52: All of Grantor's interest In Lots 1,2, 3, 4, 7,and 8 of Block 17 of the Original Town of Monroe lying northeasterly of a line twenty-five feet northerly of and parallel to the centerline of Grantor's main track; ALSO: an easement for existing buildings and other structures which extend southwesterly of said line northeasterly of said track • centerline,said buildings and other structures not to be repaired or rebuilt if substantially damaged or destroyed; all In the Northeast Quarter of the Northeast Quarter of Section 36, Township 78 North, Range 20 West of the Fifth Principal Meridian. ,V01. 733 t,u151 31 ' 1 ry I C> --t —I• C'7 < -- it"" N) rn rn -77 -673 5 3 �, 1 I age.__ of 40) _.__________ .—,— Parcel fili 53s AU of Grantor's interest in Lots 4 2, 3, and 4 of Block 23 of the Originall 'town of Monroe lying northeasterly of a line twenty-five feet northeasterly of and 1 parallel to the centerline of Grantor's main track; all In the Northeast Quarter of the Northeast Quarter of Section 36,Township 78 North,Range 20 West of the Fifth Principal Meridian. Parcel 54s All of Grantor's interest In Blocks 24, 25, and 29 of the Original Town of Monroe;all In the Northeast Quarter of the Northeast Quarter of Section 38, Township 78 North, Range 20 West of the Fifth Principal Meridian and In the Northwest Quarter of the 1 Northwest Quarter of Section 31, Township 78 North, Range 19 West of the Fifth • Principal Meridian. Parcel 55: All of Grantor's interest in Lots 3 and 4 of Block 31 of the Original Town of Monroe lying southwesterly of a line twenty-five feet southwesterly of and parallel to the . centerline of Grantor's main track;all hi the Northeast Quarter of the Northeast Quarter of Section 38,Township 78 North, Range 20 West of the Fifth Principal Meridian. j MARION COUNTY.IOWA i + Otley 1 Parcel 58: All of Grantor's interest in the West three hundred feet of the North seven ' I hundred feet of the Northeast Quarter of Section 22 lying southwesterly of a line fifty feet southwesterly of and parallel to the centerline of Grantor's main track and lying . northwesterly of the centerline of Keystone Street; all in Township 77 North, Range 19 t ' West of the Fifth Principal Meridian. Pella I Parcel 57s All of Grantor's interest In the West Half of the West Half of the West Half i o�utheast Quarter of Section 11 and all of Grantor's interest in the East fifty feet I of the East Half of die East Half of the East Half of the Southeast Quarter of Section 10, both lying southerly of a line twenty feet southerly of and parallel to the centerline of i Grantor's main track and lying westerly of a line one hundred sixty feet easterly of and parallel to the West line of said Southwest Quarter of Section 11; Township 76 North, Range 18 West of the Fifth Principal Meridian. c AUDUBON COUNTY,IOWA Brayton • Parcel 58: All. of Grantor's interest in the Northeast Quarter of the Northwest Quarter of Section 19 and the Northwest Quarter of the Northeast Quarter of Section 19, both lying northerly of the North line of Main Street and lying northwesterly of a line twenty- five feet northwesterly of and parallel to the centerline of Grantor's main track;Township 78 North, Range 35 West of the Fifth Principal Meridian. lYR;. 733 1,;t€152 • F ; 32 f ry © easy N „". r s * N - t;, 54 ago 38 of 40) Extra I, Parcel 59: The Point of Beginning being on the North line of Section 4 and on a line (Ii� twenty-five feet easterly of and parallel to the centerline of Grantor's main track; thence L! northerly and parallel to said main track centerline to a line normal to said track ff centerline located fifteen hundred feet northerly of said North line of Section 4, as measured along said track centerline; thence westerly along the Iast line intersected one hundred twenty-five feet; thence southerly and parallel to said main track centerline to said North line of Section 4i thence easterly along said North line to the Point of Beginning; all in Lots 4 and 8 of that un-named section north of Section 4, Township 78 North, Range 35 West of the Fifth Principal Meridian. Parcel 60r The Point of Beginning being on a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track and a line normal to said main track centerline located fifteen hundred feet northerly of the North line of Section 4, as measured along said track centerline; thence easterly one hundred twenty-five feet along • said line normal to said track centerline; thence southerly and parallel to said track centerline to the southerly line of Third Street, extended westerly; thence westerly along said extended street line to said line twenty-five feet easterly of said track centerline; thence northerly and parallel with said track centerline to the Point of Beginning; all in Lots 8, 11,and 12 of that un-named section north of Section 4, Township 78 North, Range 95 West of the Fifth Principal Meridian. • Audubon • Parcel 611 All of Grantor's interest In the east two hundred feat of the North Half of the South east Quarter of Section 20 and the Weat Half of the Southwest quarter of Section 21, heti; lying westerly of a line twenty-five feet woaterly of and parallel to the oanlerlIne of Hrantor's main track and lying northerly of the northerly line of Broadway Street, produced westerly; Township 80 North, Mange 38 West of the Fifth Principal Meridian. Parcel 62: All of Grantor's interest in the West Half of the Southwest Quarter of Section 21 lying easterly of a line twenty-five teat easterly of and parallel to the centerline of Grantor's main track and lying northerly of the northerly line of Broadway Street; ALSO, en easement for buildings and other structures which extend southwesterly ( past said line easterly of said track centerline, said buildings and other structures not to be repaired or replaced if substantially damaged or destroyed; Township 80 North, Range 35 West of the Fifth Principal Meridian. Parcel 63: All of Grantor's Interest in the Southwest Quarter of the Southwest Quarter of Section 21 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track, lying northerly of the northerly line of South Street and lying southerly of a tine two hundred fifty feet southerly of and parallel to the southerly line of Broadway Street; Township 80 North, Ree 35 West of the Fifth Principal Meridian. Parcel 841 All of Grantor's interest in the North eight hundred feet of the North Half of the Northwest Quarter of Section 28 lying easterly of a line twenty-five feet easterly of and parallel to the centerline of Grantor's main track;Township 80 North, Range 35 West of the Fifth Principal Meridian. ,VUL 7" 3 t Ld53 33 cp • N ' c 5— N) fel - . F.-2,77) J q 1 �� fV � 55 0' age 39 of 40) 1111 EXHIBIT A (continued1 Being a description of certain properties including a railroad track,and including all rails, switches, frogs, ties, plates, spikes, ballast, sub-ballast and other appurtenances thereto, beginnirg near the Town of Bureau in the Northwest Quarter of Section 7, Township 15 North, Range 10 East of the 4th P.M.and terminating in the Southwest Quarter of Section 3, Township 17 North, Range 1 East of the 4th P.M. near the Town of Silvis as the centerline of said track is more particularly described below: Bureau County Illinois &•eginning at the intersection of the centerline of the Grantor's northerly main track and a line normal to said track centerline located 134 feet northerly of the East/West centerline of Section 7, as measured along said track centerline (E-P.S. 8108+44, M.P. 115.64); thence westerly through said Section 7, Township 15 North, Range 10 East of the 4th P.M.; thence northwesterly along said centerline through Sections 18 and 7, Township 15 North, Range 10 East of the 4th P.M.;thence westerly through Sections 12, 1, 11, 10, 9, 8, 17, 18 and 7,Township 15 North, Range 9 East of the 4th P.M.;thence continuing westerly through Sections 12 and 1, Township 15 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 36, 35, 34, 26, 27, 28, 21, 20 and 19, Township 18 North, Range 8 East of the 4th P.M.; thence continuing westerly through Sections 24, 23, 22, 21, 20 and 19, Township 16 North, Range 7 hest of the 4th P.M.; thence continuing westerly through Sections 24, 23, 14, 15, 10, 17, 8 and 7, Township 10 North, Range 0 East of the 4th P.M.; Henry County, Illinois ']hence continuing westerly along said main track centerline through Sections 12,11,2,3,4, Ii 5 and 6, Township 18 North, Range 5 East of the 4th P.M.; thence continuing westerly through Section 31, Township 17 North, Range 5 East of the 4th P.M.; thenco continuing westerly through Sections 36, 35, 34,27, 28, 29 and 30,Township 17 North, Range 4 East of • the 4th P.M.;thence continuing westerly through Sections 25,24, 23, 22, 21, 16, 17 and 18, Township 17 North, Range 3 East of the 4th P.M.; thence continuing westerly through Sections 13, 14, 11,10, 9,8 and 7, Township 17 North, Range 2 East of the 4th P.M.;thence continuing westerly through Sections 12, 11, 10 and 3 to the westerly line of Henry County, Illinois,Township 17 North, Range 1 Fast of the 4th P.M.; Rock island County, Illinois Seguming at the intersection of the Grantor's northerly main track centerline and the Easterly line of Rock island County; thence westerly along said track centerline, through Section 3 to a termination at a line normal to said centerline located 646.5 feet southerly of • the north line of Section 4,as measured along said track centerline,(E.P.S. 9029+82, M.P. 171.03), Township 17 North, Range 1 East of the 4th P.M. Scott County, Iowa Beginning at the Intersection of the centerline of the Grantor's Davenport to Iowa City westbound(northerly)main track and a line oriented at right angles to said track centerline located 450 feet, more or less, westerly of the westerly line of Fimore Street,produced northerly,as measured along said track centerline (M.P. 183.84, E.P.S. 9710+00),as located in the South Half of the Southeast Quarter of Section 27,Township 78 North, Range 3 East of the 5th P.M.; thence westerly along said Davenport to Iowa City westbound(northerly) main track centerline through said Section 27 and through Sections 22, 21, 18,17,18 and 7; all in Township 78 North, Range 3 East of the 5th P.M.;thence continuing westerly through Sections 13, 12, 11, 10, 9, 4, 6 and 6, to the westerly line of Scott County, Township 78 North, Range 2 East of the 5th P.M. IVow 733 14E154 34 t Y FFF..+++'t pl1v+'..O -t3 s: N 56 age 40 of 40) • • • • - Muscatine County,Iowa beginning at the intersection of the centerline of said westbound(northerly) main track end (' the East line of Muscatine County,being also the East line of Section 1, Township 78 North, ( ' Range 1 East of the 5th P.M.; thence westerly along said centerline through said Section 1 and through Sections 2, 3, 4, 5 end 6, Township 78 North, Range 1 East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th -0 P.M.(being In Scott County);thence continuing westerly through Sections 36, 35, 34 and 33, Township 79 North, Range 1 West of the 5th P.M.(being in Ceder County);thence continuing westerly through Sections 4, 5 and 6, Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1, 2, 11, 10, 9, 8, 5 and 6, Township 78 North, Range 2 West of the 5th P.M.;thence continuing westerly through Section 1, 12, 11, 10, 15, 16, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.;thence continuing westerly through Sections 13 and 12 to a line oriented normally to said centerline located 439 feet northerly of the southerly line of Section 19 (E.P.S. 11660+78, M.P. 220.78) Township 78 North, Range 4 West of the 5th P.M. 11 on. 733 tut 155 1. 35 C) �, C < I rri -H • • 57 • Transfer Fee 0O714 Recording Fee •• i FILED NO r Total -4,/.�-PAac. _� 1985 JUL-2 AM 9:47 QUITCLAIM DEED � 54,- v RECORDER anima C9..leWA KNOW ALL MEN BY THESE PRESENTS That CHICAGO PACIFIC CORPORATION, a Delaware corporation, whose,principal place of business is 200 South Michigan Avenue,Chicago, Illinois 60604("Grantors), in consideration of the sum of TEN • DOLLARS($10.00)and other good and valuable consideration,the receipt whereof is hereby acknowledged,does hereby QUITCLAIM,subject to the terms,conditions,reservations and exceptions hereinafter set forth,unto HAWKEYE LAND COMPANY,an Iowa corporation, whose address is P.O.Box 5399,Cedar Rapids,Iowa 52406,herein designated as"Grantee," all of Grantor's right,title and interest,estate,claim and demand,U any,in the following described parcel of land situated in the County of Johnson,State of Iowa,to wit: A strip of land of varying widths constituting the former line of railroad of the Chicago, Rock Island and Pacific Railroad Company, (Grantor's predecessor in • title) and associated station grbtnds, yards, depots, stock pens, coaling and watering sites and borrow pits of Grantor's predecessor as same are evidenced, monumented and located through the following areas: Beginning at the intersection of the centerline of the Grantor's former main track and the Easterly line of Johnson County,Iowa,being also the East line of Section 25, Township 80 North, Range 5 West; thence continuing Northerly through said Section 25 and through Section 26, the Northeast Quarter of the Northeast Quarter of Section 27, Sections 22, 21, 16, 9, 4 and 5,Township 80 North, Range 5 West; thence continuing Northerly through Sections 32,31 and 30, Township 81 North, Range 5 West; thence continuing Northerly through Sections 25,24, 23, 22, 15, 16,9,4 and 5 to a Termination of the North line of Section 5,being also the Northerly line of Johnson County,Iowa,Township 81 North,Range 6 West. AND Beginning at the intersection of the centerline of the Grantor's former main track and the East line of Section 25,Township 79 North,Range 5 West, being CD the Easterly line of Johnson County,Iowa;thence Westerly through Sections 25, ti 7 -71 26,27,28,29,20 and 19,Township 79 North,Range 5 West,continuing Westerly >-1 -4 �a through Sections 24, 13, 14, 15, 16,9,8,5 and 6,'Powrthip 79 North, Range 6 "� { _ West; thence Westerly through Section 1, Township 79 North, Range 7 West; thence Westerly through Sections 36, 35, 26, 27, 28, 29 and 30, Township 80 �,(') North,Range 7 West;thence Negterly through Sections 25,24,23,22,21,20,17, i-- 18 and 7,Township 80 North,Range 8 West. -rn -7 AND Beginning at the Intersection of the Grantor's former main track centerline and the South line of Johnson County, Iowa, being the South line of Section 34, Township 78 North,Range 6 West;thence Northerly through Sections 34,27,22, :1•'s 15, 10 and 3, Township 78 North, Range 6 West; thence Northerly through Sections 34, 33, 28, 24, 22, 15,10, 11, 14 and 13, Township 79 North,Range 6 West; thence Easterly through Sectiphs 10, 7, 8, 5 and 4, Township 79 North, Range 5 West; thence Northerly through Sections 33, 34, 27 and 22, to a Termination at the intersection with Grantor's former Elmira to Iowa Junction main track centerline in the South Half of Section 22,Township 80 North,Range 5 West. REAL ESTATE TRANSFER I • TAX PAID {a,Y, 778 ?IL€317 1 $ . 10. l u� e% rt EX:-IIBIT r^, y"yn. • 58 HLE ... ....... ... _ ._. ._._..� 20 i I 0 T 12 PM 2: CITY CLERK IOWA CITY. IOWA g x.25Ai§ Co'c,++ U b aVa • .m C7 N .4 o .o N 'C ffVO�O��O V 71 0.. .M T SVA,W....OO r...co N HMN N W O Vt st'.Pi a,V..M V,10 IO evi tO P M M'V4.N O NM:M r".Cu v•-1 o�pp0 NtWlr I.-OO.O N N � s.. ...' 4 HNA Ntei t;:174:11�O�9Htit"NNNN.NNNHYii .~4.i.:•15ti.Nin::3.N.1NN+-1'tl Oa VA L"N:1“4 el V'.WV"C�pp'Pd V.1M'et h V a. wa f. cd y= o d ,9-qtga ,, 05 on f,am �oLI s.. -4.e, O7M2')2:Moo.W.W o3w,`.='43 o.Nwe"PMMaMeMro/'e>N'4'N.wi.w.rW rw/W�..eaMro.,:.°.74=L1'41 m m W W row w o" ,- E .� CA �- 0> -.o i 8 w o vi.a ag0vmm Ui a%xxax t o ED Lull I OCT 1.2 PH 2: 17 CITY CLERIC in,JA ii f T V f n V ,i +."II 10 V V NA1(i f0 W rO MO N.+W M.-�aoON W W MCLL'+�ti�"NrN W O.+O+m aO oa(`V N.+V u WpvMNNO W AAPh ry tO aDA r+r ti/.i vYif VN VY1DY Nt0.11-'11NYY vN+VNJ NN NN WV!M.-I.MNON.p�r rtpNNN.�ViW W 1MWMNW W WA.r..... NN N.N yNPl ��N NW WN..MfpNWNmNCDNOq.'tl'NW...l MW V a � !-- O o � QWW NNr W O W W W OO V AAP A AAPta mM W 0 D M.M W W W O V•O O N N V O Ol—N r W.V V V'O O O 0 N O O O O 0 V O W 0 O,—N O ..... WrNMM NNr1Nr rrW V Ili 1lfNYi tf�Y!WNV VMV'W{rA V V'.HW rW V V W r.�W W.-IW.y W W•+.-INN rNNNV W FILED nil OCT 12 Pii 2: 17 CITY CLERK st IOWA CITY. IO ��A CD c-D 00 0INM!W�YJNdM W N�•'�W pN~'9Na(`1�L'lF f�O NN�ON W O W p�dpp OQO�tir1 ed��'�tl�WNOWDMM O�OW�QO W W 000 NNOdOti.....N�N ...W Y'JNNN ViNh! ... N dd ! lM�+V�-1 ..... QMM Q N H�+�'+�m� Ql.�ti!!!d QM�+N.-�vf! V>ua DINNtfIM W d W CD W Vl l.ti l�.wNO W tiO pNN01Nl N[�N[�N NMNI�e'JMNe`SONNM W NMNN NN NNNNNNNMp{�t�l�t`t`L`l�N O W W W W�.�+N NNlti~QM W NM ti W W�"b�!W!NtpQd Qt�P L�t�ltiA W ldbdl Qd dQlQd QQQQQ NdQ Q!Q QQ! 67 FILED . . • - .._ - - X011 OCT I2 Fi' 2: 1l CITY CLERK ;OVA C1TY. IOWA .131 5c d csq t d V. 04 00 1.0' IC. v VI m N.+p 2 2 b gi:FN.N-�F b ro W N� m.ti N0 b 21.eagbOF�N gOObf OO�N ONE O NO O . 6 c'1 V) M R N a 4...a7 VIAMN»�a7w tib d'bNM N N b N..R O U C. Ky 2 y L N '51V N 9om ,..0pp pg v .QY aFFO.rFFFFFMFFFF F.FFF v.. » O b... RRRR.... .....RR.v bR ..M.,TbRR,R, CoV0 . N G Iv0 81o8 2 ',. N 0. Tl The Grantor further reserves unto itself, its successors,grantees and assigns, exclusive perpetual easements for the construction, erection, installation, operation and maintenance of transportation and transmission systems for all and every type of energy by whatever means,except by railroad,Including but not limited to,pipeline,telephone,radio, radar or laser transmission systems wire, fibers,conduits,utility and energy transmission lines of every kind and character together with ell necessary supporting devices which may be constructed,erected or installed in,on,under,above,across and along any portion of the premises lying within fifty(50) feet of the centerline of Grantor's former main railroad track(s), including the right to reconstruct, re-erect, and to reinstall each and every transportation or transmission facility herein contemplated. The exercise of the rights hereby reserved shall not unreasonably interfere with Grantee's use of the surface. All rights hereby reserved shall continue forever, whether or not exercised, unless expressly relinquished in writing by the Grantor,tts successors or assigns. The exercise of the rights hereby reserved shall be limited to transportation and transmission systems of not less than three(3)miles in length In,on,under,above,across and long the property herein described and Grantee shall retain all rights as provided herein for these distances of less than three (3) miles in length. For the purpose of calculating mileage, the three(3) mile minimum shall be a continuous unbroken line over property formerly owned by the Grantor but such line may extend into the next contiguous county and is not limited to the property herein described. Notwithstanding any other provision of this Instrument,the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the property herein described. f_ This conveyance is made pursuant to the terms of a Purchase Agreement detecc t April 29,1985,and the terms thereof shall survive delivery of this Quitclaim Deed. N r; -7.18 tg372 6 --J 63 LN WIT •SS WHEREOF, this instrument is executed by the Grantor this 1/32— day of_ 1985_ ATTR: CHICAGO PACIFIC CORPORATION //- `Se tary A teven Crown,Vice President r STATE OF ILLINOIS ) SS COUNTY OF COOK I,the undersigned,a Notary Public,in and for the County and State aforesaid,do hereby certify that A.STEVEN CROWN,personally known to me to be the Vice President of C ICAGO PACIFIC CORPORATION, a Delaware corporation, and personally known to me to be the e2.64:a Se retar o sal• corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, red before me this day in person and acknowledged that as such Vice President and Secretary they signed and delivered the said instrument as Vice President an Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and seal this [411 day of ,1985. I• SL�� 0 � /�yxJZ Pt "rotary to My Commission Expires: UO! /78 P Et]ZJ "< N r-- - �r- 1� n M -v aw 7 ., N) 64 pc) _. B0O1.__ 9 .._ 85 APil 21 3: 23 OIC DEED OF RELEASE ',v :J, +� ' RECORDER Ja iN59?I CO.1®WA KNOW ALL MEN BY THESE PRESENTS: That CHICAGO PACIFIC' CORPORATION, a Delaware Corporation, whose principal place of business is 200 South Michigan Avenue, Chicago, Illinois 60604, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby remise, relinquish, release, and forever quitclaim to HAWKEYE LAND CO., an Iowa corporation, whose address is P.O. Box 5399, Cedar Rapids, Iowa 52406-5399, all its right, title, interest, estate, claim, and demand in and to all real property in ‘)01-1+1501,A County, Iowa in which it has any such right, title, interest, estate, claim, or demand whatsoever, wheresoever and howsoever evidenced, monumented, or located, it being the intent and purpose of Grantor to relinquish and convey unto Grantee all reservations, exceptions, and privileges reserved in a Quitclaim Deed made, executed, and delivered by Grantor to Grantee dated July 1, 1985, filed July f 1985, and recorded (in Book 772 at Page 31`1 ) (as u ►r SSD --I -A ..rs.. 110. ) in the office of the JoH)-ser ` N crity Recorder. t�1 --o Fr, --; .,.ancy, This deed transfers certain permanent, exc iQtve r longitudinal easements, and it is therefore excepted byIowa Code section 428A.2(17) (1987) from the tax imposed on real estate transfers. IN WITNESS WHEREOF, this instrument is executed by th Grantor this � 7 44of__Ma-rctf, 1988. EXHIBIT CHICAGO PACIFIC CORPORATION STATE OF ILLINOIS) ) ss COUNTY OF COOK ) I, the undersigned, a Notary Public duly commissioned and qualified in and for the County and State aforesaid, DO HEREBY CERTIFY that William C. Terpstra and -Y1Qit .4. 7Z�� to me personally known and known to me to t, respectively, the Executive Vice President and Assistant. Secretary of CHICAGO PACIFIC CORPORATION, a Delaware corporation, and the identical persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and being first duly sworn by me, severally acknowledged to me that they are, respectively, the Executive Vice President and Assistant Secretary of said corporation; that as such officers they signed, sealed, and delivered the said instrument in behalf of said corporation by authority and order of its Board of Directors, as the free and voluntary act and deed of said corporation, and as their own free and voluntary act; that the seal affixed to said instrument is the seal of said corporation; and that said corporation executed said instrument for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as such Notary Public, at Chicago, Illinois, this / —day of_.Marcy, 1988. Not y Public in and o the County of ook In the State of Illinois My commission. Expires: ///673S/T'nCJ " OFFICIAL SEAL " JUDITH A. HUFF NOTARY PUBLIC.STATE Of ILLINOIS MT COMMISSION EXPIRES 11/25/90 C C7 ° y"7 —4 6 6 "' (Page 1 of 55) it) iL) 34' 3 ,4,3 t. G, l;� I�IIt�fI1� �1li�N1�4 �NNlI� Doc ID: 01587307005E Tvoe: GEN • Recorded:410102210 01/18/2004 at ]2:39:48 PM Fee Amt: $440.40 Paae 1 of 55 Revenue Tex: 8154.40 Johnson County Iowa Kimberly A. Painter County Recorder 8K3688 P418-172 Prepared by. T.Scott Bannister,1300 Des Moines Building,Des Moines.IA 50309 Telephone:(515)244-0177,Fax: (515)244-8258 Address Tax Statements to: Iowa Interstate Railroad.Ltd..800 Webster Street,Iowa City.Iowa 52240 QUIT CLAIM DEED HEARTLAND RAIL CORPORATION, an Iowa corporation whose address is 1300 Des Moines Building, Des Moines, Iowa (herein designated as"Grantor"),and pursuant to every other power and authority to it pertaining,in consideration of the sum of Ten Dollars ($10.00)and other good, valuable and sufficient consideration,the receipt of which is hereby acknowledged,does hereby QUITCLAIM and CONVEY, subject to the reservations and exceptions hereinafter set forth, unto IOWA INTERSTATE RAILROAD, LTD.,a Delaware corporation whose address is 800 Webster Street, Iowa City, Iowa 52240(herein designated as"Grantee")all of Grantor's right,title and interest,estate, claim and demand, if any, in and to railroad right-of-way property and real estate which is legally described in Exhibit"A,"a copy of which is attached and incorporated herein by this reference, including and together with all improvements, tenements,fixtures, appurtenances thereto,rights-of-way,strips and gores of land,abutting extra-width land, improvements affixed or installed, such as rail and right-of-way fences, buildings, passages, sewer rights, trackage, signal and communications equipment,waters,water courses,water rights and powers,flowers,shrubs, crops,trees, timber and other emblements now or hereinafter located on the real estate or under or above the same or any part or parcel thereof,and all rights, titles,interests and appurtenances,whatsoever, in any way belonging, relating,or appertaining to the real estate or any part thereof,or which shall in any way belong, relate,or be appurtenant thereto;and it being understood that the enumeration of any specific articles of property shall in no way exclude or be held to exclude any items of property not specifically mentioned;and all of the property herein described, real, personal and mixed,whether affixed or annexed or not (except where otherwise specified)and all rights hereby conveyed and transferred are intended so to be as a unit and are hereby understood, agreed and declared to form a part and parcel of the Property and to be appropriated to the use of the Property(hereafter the"Property"). It is the Grantor's intention to quitclaim all of its right,title and interest to its railroad rigtl, , of-way and contiguous property located generally between the following end points: Bureau, Bureau Co., Illinois at E.P.S. 6064+97, M.P. 181.53 westerly to Milan, Rock lilitaCo52, ' ' Illinois at E.P.S. 4436+63.6 (Rip Line)and at E.P.S. 177+31 (Sherrand); and �r Davenport, Scott Co., Iowa at E.P.S. 9634+00, M.P. 182.35 westerly to E. Des Moinest-CM Cc, Iowa at E.P.S. 1825+00, M.P. 353.2 and between M.P. 355.9 and M.P. 358.6; and 11= :"` NOTE: The amount of personal property is declared to be $310,150 which is comprised of steel rail, tie plates, spikes and other track materials along 27.20 miles of railroad right-of-way. 67 Book 3688. Paae 116. File Number (Page 2 of 55) W. Des Moines, Polk Co., Iowa at E.P.S. 19272+47, M.P. 365.0 westerly to Council Bluffs, Pottawattomie Co., Iowa at E.P.S.26412+90; and Hancock, Pottawattomie Co., Iowa at E.P.S. 24539+75, M.P.464.77 southerly to Oakland, Pottawattomie Co., Iowa at E.P.S. 24794+15, M.P.469.59; and From the connection with Grantor's EastiWest main track at or near Atlantic, Cass Co., Iowa,to a point approximately 3.2 miles northerly of said connection;and Altoona, Polk Co., Iowa at the connection with Grantor's East/West main track southeasterly to at or near Prairie City, Iowa at M.P. 135.0;and Blue Island, Cook Co., Illinois as described in Exhibit"A". Further, the predecessor to the Grantor, CHICAGO PACIFIC CORPORATION, a Delaware corporation,by Quit Claim Deed to Grantor dated October 4, 1984 and filed of record in each County in which the Property is located reserved to itself, its successors and assigns, exclusive perpetual easements and the exclusive right to grant easements, leases or licenses, either in perpetuity or for terms,for the construction, installation, erection, reconstruction, reinstallation, re-erection,relocation, maintenance,removal, repair, replacement, use and operation of transportation and transmission systems for all and every type of fluids,gases, resources, materials, products,communications and energy by whatever means including,without limitation, overhead conveyors,pipelines, telephone, radio, radar or laser transmission systems, wire, cable,fiber,fiber-optic, utility,energy and power transmission lines or conduits of every kind and character together with all necessary supporting structures and devices which may be constructed,erected or installed on, in, under, over,above,across and along all or any portion of the Property at any time and from time to time in the future(the foregoing collectively referred to herein as the"Utility Easements);and the exclusive right to convert or amend the Utility Easements, the right of access over the Property for purposes in connection with the Utility Easements and other rights related thereto and as specifically described and set forth in said Quit Claim Deed. Notwithstanding any other provision of this instrument,the Grantor shall in no event incur liability to the Grantee for failure of or defect in the title or estate of the Grantor in and to the Property. TOGETHER with all and singular the hereditaments and appurtenances belonging thereto; to HAVE AND TO HOLD the Property,subject to the aforesaid exceptions and reservations, unto Grantee, its successors and assigns, forever. This instrument is being executed in multiple counterparts, each of which shall be considered an original. N c, n") C1'.< to 2 . ` ) N • rp 68 Book 3688, Page 118. File Number (Page 3 of 55) IN WITNESS WHEREOF,this Quit Claim Deed is executed by the Grantor this 16'"day of December, 2003, and effective on the 1S`day of January,2004. HEARTLAND RAIL CORPORATIIN BY: _I if. . .i Li Donald C. Byers, Its •resident _ t BY: '41111W, �...._ T. Scott :. -• .ter, 114". 'ecretary STATE OF IOWA ) )ss. COUNTY OF POLK ) On this 16th day of December,2003,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Donald C. Byers and T. Scott Bannister,to me personally known,who being by me duly sworn,did say that they are respectively, the President and the Secretary of Heartland Rail Corporation;that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that said Donald C. Byers and T.Scott Bannister as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. ��a,A1. KAREN I. HUNTER 1ItiQ,Y1�J • Yl COMMISSION NO. 194513 otary Public In and for the • MY COMM/SSIO r EXPfRES Jowl. JANUARY 26,2004 State of Iowa lyMmmission Expires: Q,hUL41\ a•1D t ebb -1 N O o a -1$ C,'"‹ --r,) r- nil 3 .r" —t� C) N 69 Book 3688. Page 118. File Number (Page 4 0t 55) EXHIBIT "A" LEGAL DESCRIPTION Being a description of parcels of land and strips of land of varying widths constituting a continuous line of railroad property: SECTION ONE Blue Island Yard (Four Outfreight Yard Tracks)—Blue Island, Illinois Cook County, Illinois The Point of Beginning being on a line 6.5 feet westerly of and parallel to the centerline of Grantor's former yard track#5 (local#47)and also being 6.5 feet easterly of Grantor's yard track#22 as presently laid out and located and on a line normal to Grantor's former main track #4 centerline located 735.6 feet northerly of the east/west centerline of Section 30, as measured along a line 50 feet westerly of and parallel to said main track#4 centerline;thence southwesterly from said Point of Beginning on a line 6.5 feet easterly of and parallel to the centerline of said yard track#22 to a line 71 .5 feet westerly of and parallel to said main track #4 centerline;thence southerly along said line to a line 7.0 feet westerly of and parallel to the centerline of track#10;thence southerly along said line to a line normal to said track#10 centerline located at the southerly headblock of said track#10; thence southeasterly along said line to a line 6.5 feet westerly of and parallel to the centerline of Grantor's former yard track#5 • (local#47); thence northerly along said line approximately 6,000 feet to said line 735.6 feet northerly of said east/west centerline; thence westerly along the last line intersected to the Point of Beginning;Also granting to the Grantee that nonexclusive easement easterly of said line 6.5 feet westerly of and parallel to said yard track#5(local#47)centerline reserved to the Chicago, Rock Island and Pacific Railroad Company, Debtor, Grantor's predecessor in interest, by the Regional Transportation Authority in its condemnation in the United States District Court for the Northern District of Illinois, Eastern Division (No. 81 C 0431), and a nonexclusive easement westerly of a line 7.0 feet westerly of and parallel to said year track#10 centerline and a nonexclusive easement easterly of a line 6.5 feet easterly of and parallel to said yard track#22 from said Point of Beginning to a point opposite the point of switch for yard track#8 (local#45) as presently laid out and located in said outfreight lead (ladder) track, said nonexclusive easements being solely for railroad operating clearance purposes in order to come with ifhnois n — r.e M 7(] 3fi88. Pa.- . Pile Number (Page 8 of 55) Range 1 East of the 5th P.M.; thence continuing westerly through Section 31, Township 79 North, Range 1 East of the 5th P.M. (being in Scott County); thence continuing westerly through Sections 36, 35, 34 and 33,Township 79 North, Range 1 West of the 5th P.M. (being in Cedar county); thence continuing westerly through Sections 4, 5 and 6,Township 78 North, Range 1 West of the 5th P.M.; thence continuing westerly through Sections 1, 2, 11, 10, 9, 8, 5 and 6, Township 78 North, Range 2 West of the 5th P.M.; thence continuing westerly through Section 1. 12, 11, 10, 15, 16, 17 and 18, Township 78 North, Range 3 West of the 5th P.M.; thence continuing westerly through Sections 13, 12, 11, 2, 3 and 4 to the northerly line of Section 4, being the northerly line of Muscatine County, (excluding Grantor's personal property and track fixtures and appurtenances thereto, in said Section 12, pertaining to the Chicago Rock Island and Pacific Railroad Company's former Cedar Rapids to Columbus Jct. Line of railroad) Township 78 North, Range 4 West of the 5th P.M. Cedar County, Iowa Beginning at the Intersection of the centerline of the Grantor's main track and the south line of Section 33,Township 79 North, Range 4 West of the Fifth Principal Meridian, being also the southerly line of Cedar County; thence westerly through Sections 33, 32, 29 and 30 to the westerly line of Section 30, being the westerly line of Cedar County, Township 79 North, Range 4 West of the 5th P.M. Johnson County, Iowa Beginning at the intersection of the centerline of the Grantor's main track and the East line of Section 25, Township 79 North, Range 5 West of the 5th P.M., being the easterly line of Johnson County; thence westerly through Sections 25, 26, 27. 28,29, 20 and 19, Township 79 North, Range 5 West of the 5th P.M., continuing westerly through Sections 24. 13, 14, 15, 16, 9. 8.5 and 6 (Excluding that part of Chicago Rock Island and Pacific Railroad Company's former Elmira to Iowa City line lying northerly of the northerly line of Des Moines Street extended easterly, said street as laid out and located in the County Seat Addition of the City of Iowa City; Excluding all of Grantor's interest in Maiden Lane lying southerly of the south line of Lot 1, of Block 22 of Count Seat Addition to the City of Iowa City, extended easterly,and lying 0 o m 5 >--1 --.4 N ---{C7 7 1 Book 3688 'pane 118. File Number (Page 9 of 55) northerly of the north line of Benton Street, as laid out and located in Lyon's First Addition to the City of Iowa City; Excluding all of Grantor's interest in Block 4 of Lyon's First Addition to the City of Iowa City;Township 79 North, Range 6 West of the 5th P.M.; Excluding all of Chicago, Rock Island and Pacific Railroad Company's former Coralville and quarry spur in said Section 5, Township 79 North, Range 6 West of the 5th P.M.); thence westerly through Section 1, Township 79 North, Range 7 West of the 5th P.M.; thence westerly through sections 36. 35, 26, 27, 28, 29 and 30, Township 80 North, Range 7 West of the 5th P.M.; thence westerly through Sections 25, 24, 23,22, 21, 20, 17, 18, and 7, Township 80 North, Range 8 West of the 5th P.M. ALSO:AU of Chicago, Rock Island and Pacific Railroad Company's former Iowa City to Hills branch line in the East Half of Section 15 lying easterly of a line eight feet easterly of and parallel to the centerline of Chicago, Rock Island and Pacific Railroad Company's former Iowa City to Elmira main track, as located in or near Maiden Lane, all in Section 15. Township 79 North, Range 6 West of the 5th P.M. Iowa County. Iowa Thence continuing westerly through Sections 12, 11, 2,3,4, 5, and 6, Township 80 t;loirth, Range 9 West of the 5`h P.M.; thence westerly through Section 31,Township 81 No Ran 9 West of the 5th P.M.;thence westerly through Sections 36, 35, 34, 33, 32, 29 and 30, 'ownstiip a- 81 North, Range 10 West of the 5th P.M.; thence westerly through Sections 25, 36, 3�-)S an 33,Township 81 North, Range 11 west of the 5"' P.M.;thence westerly through Sectidu 3,4;-o - 5, 6 and 7,Township 80 North, Range 11 West of the 5th P.M.; thence westerly throug i.Ei Sections 12, 11. 10, 15, 16, 17, 18 and 19, Township 80 North, Range 12 West of the Poweshiek County, Iowa Thence westerly through Sections 24, 23, 22, 21. 20, 17, 19 and 18, Township 80 North, Range 13 West of the 5`h P.M.; thence westerly through Sections 13, 24, 23, 22, 21, 28, 29 and 30, Township 80 North, Range 14 West of the 5th P.M.; thence westerly through Sections 25, 26, 27, 28, 21, 20, 19 and 18, Township 80 North, Range 15 West of the 5`h P.M.;thence westerly through Sections 13, 14, 15, 16, 17, 18 and 19, Township 80 North, Range 16 West of the 5'h � © a 0 6 --� 7"< r :'ern N 7 2 Ho4:3688, eaee 118, File Number 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: JP MORGAN CHASE BANK Docket No 11-00145 State IOWA vs. Court No IEQCV07200 County JOHNSON DEFENDANT: DABY, TRACY L Ref No Received 01/07/2011 DEFENDANT: SPOUSE OF DABY, TRACY L DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone HOPKINS,BENJAMIN W (515)222-9400 r 2 v� 1350 NW 138 ST STE 100,CLIVE, IA 503258308 ' Name CITY OF IOWA CITY Zone • 0 Party Type DEFENDANT Phone Fax w • Address 1410 E WASHINGTON IOWA CITY IA 52240- c. E-Mail Employer Comments SERVE CITY CLERK v MNI Information Race Sex Birth Date Age Hair 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 .7)710 Party I'l<< (r� \a r r Relationship Race Sex DOB Location Miles Fee Officer Attempts Log Date Time Server Notes Date Time Server Notes Notes: Printed:Friday,January 07,2011 Johnson County Sheriffs Office Page 1 of 1 40982 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JPMORGAN CHASE BANK, 13-4994650 : NATIONAL ASSOCIATIONQ � SUCCESSOR IN INTEREST • ORIGI ALO ICE TO WASHINGTON MUTUAL BANK SUCCESSOR •• IN INTEREST TO WASHINGTON •• MUTUAL BANK FA •• Plaintiff, : . rs CD VS . • o D w C7 Z a TRACY L. DABY; , 'p p trj CITY OF IOWA CITY, IOWA; c SPOUSE OF TRACY L. DABY, IF • .1t y„ ANY; • Defendants . : TO THE ABOVE NAMED DEFENDANTS : CCM D 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 assistance of auxiliary aids or services is required to participate in court due to a disability such as hearing impairment, call tt�11e1Americans with Disabilities Coordinator at (319) 398-3920 ?��tl�t you are in need of dual party telephone relay services, call Relay Iowa TTY at 1-800-735-2942 . r'EMA BERKLEN 0j261444-Lt/e() Cle k of the Above Cou t Johnson County Courthouse Iowa City, Iowa 522442510 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Cm : Cove On �irQnce. 40982 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JPMORGAN CHASE BANK, 13-4994650 NATIONAL ASSOCIATIONIO., SUCCESSOR IN INTEREST PjQ /r1Y TO WASHINGTON MUTUAL PETITION`" BANK SUCCESSOR •• IN INTEREST TO WASHINGTON MUTUAL BANK FA Plaintiff, c7 vs . • .- TRACY L. DABY; o-., _. ..-. CITY OF IOWA CITY, IOWA; • Z ""`° SPOUSE OF TRACY L. DABY, • c-> IF ANY; • = 3 Defendants . 7.<-4 �' �1 un 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. BrI zL ti Ea d -- o 1 3 ao Plaintiff, JPMorgan Chase Bank, National Association successor in interest to Washington Mutual Bank successor in interest to Washington Mutual Bank FA, 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 May 15 , 2006 , Tracy L. Daby made, executed and delivered a promissory note in writing for the sum of $136, 500 . 00 payable in installments, with interest at 6 .25% per annum from such date (the "Note" ) . A copy of the Note is attached hereto and made a part hereof as Exhibit "A" . 3 . That on or about May 15, 2006 in order to secure the payment of the Note, Tracy L. Daby (the "Mortgagor (s) " ) made, executed and delivered to Affiliated Financial Group, Inc . , a,s4 real estate mortgage (the "Mortgage" ) on the following 2 described real estate (the "Mortgaged Property" ) : 231. Lot 3 in Block 31, in the East Iowa City, Johnson ? County, Iowa, according to the recorded plat thereof O CN "" n the Mortgage was filed for record May 23 , 2006, in Book 4027k, Pages 371-385 in the Recorder' s Office of Johnson County, IT N dw O 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 the Mortgaged Property is and at all times relevant hereto was the homestead of the Mortgagor (s) . 2 5 . That the Plaintiff is currently the holder of record of the Note and Mortgage . 6 . That the Plaintiff is the sole and absolute owner of the Mortgage; 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 $132 , 904 . 03 with interest at 6 . 25% per annum from and including August 1, 2008 plus late fees, attorney fees, abstract expense, protective advances and costs . 7 . 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 4 Code Section 654 . 4B (1) , and to date has received no respons, thereto. arn8 . That the time to cure the default under Iowa law IyAv N now expired. o d 9 . That said Note and Mortgage provide that if suit be 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 10 . 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 . 11 . That the following parties are named as Defendant (s) because they claim some right, title or interest in the 0 Mortgaged Property, including, without limitation a right, a ►Tjtitle or interest as described below but any such right , tti o.. o tri or interest is junior and inferior to the interest ofack,Pr o b Plaintiff : O v► • City of Iowa City, Iowa, $22 , 291 . 00 Mortgage, dated April 11 , 2005, filed April 22 , 2005 , Book 3866 Page 761, Mortgage was subordinated to Plaintiff ' s Mortgage pursuant to Subordination Agreement filed May 23 , 2006 in Book 4027 Page 366 . • City of Iowa City, Iowa, $3 , 934 . 00 Mortgage, dated April 11, 2005, filed April 22 , 2005, Book 3866 Page 772 , Mortgage was subordinated to Plaintiff ' s Mortgage pursuant to Subordination Agreement filed May 23 , 2006 in Book 4027 Page 366 . • City of Iowa City, Iowa, Mortgage, dated June 13 , 2006, filed June 16, 2006, Book 4038 Page 300 . • City of Iowa City, Iowa, $13 , 969 . 69 Promissory Note, dated December 29, 2006, filed January 16, 2007, Book 4120 Page 739, Secured by mortgage filed 6/16/06 in Book 4038, Page 300 . 4 • Spouse of Tracy L. Daby, if any, for any interest in the subject property. 12 . That the Mortgage provides that any time after the proper commencement of an action in foreclosure or during the period of redemption, the Court having jurisdiction of the case shall, at the request of the Plaintiff, appoint a receiver to take immediate possession of the Mortgaged Property and of the rents and profits accruing therefrom, to rent the same as he may deem best for the interest of all parties concerned and shall be liable to account to the Mortgagor (s) only for the net profits after application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness, charges and expenses hereby secured and herein, 4 mentioned. b 2.. (-- WHEREFORE WHEREFORE THE PLAINTIFF PRAYS THE COURT: O ern 2 a. o 1 . That the Plaintiff have judgment in rem against tZER o d Mortgaged Property for the amount of unpaid principal an* 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 5 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 CZ:. declared junior to the right, title and interest of the 32B. 2 D� Plaintiff . Zn z }Z'J 4 . That in the event Plaintiff is required to make CIJ protective advances, including without limitation, advanc4 for cm 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. 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, 6 be forever barred and foreclosed of any interest in the Mortgaged Property, except such rights of redemption as provided by law. 7 . That if the Mortgaged Property is sold and not redeemed, the Clerk of this Court shall issue to the Sheriff of said County, a writ of removal and possession, commanding him to put the grantee named in the Sheriff ' s deed for said premises sold, or his grantee, in possession thereof, and to remove any Defendants, or persons claiming by, through or under any of them, or any person in possession thereof out of such possession. 8 . That 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 . 401•, PETOSA OSA & BOECKER, L.L. P. /10,, a 'jr /� °jNb/' By �[�4kr Bef6.7, y� �rl� ��s, A ‘ 0003573 1 : o 0. r r--t , S 00 9n C �' Iowa 50325-8308 '//it* 'e. ephone : (515) 222-9400 0//�/��,/ Facsimile : (515) 222-9121 /pZ ATTORNEYS FOR PLAINTIFF 7 O r O 404 NOTE .4, 0 MAY 15, 2006 ENGLEWOOD COLORADO • , [Date] [Cityl [State] 1911 H STREET, IOWA CITY, IOWA 52240 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 136, 500 .00 (this amount is called"Principal"),plus interest, to the order of the Lender. The Lender is AFFILIATED FINANCIAL GROUP, INC. , A COLORADO CORPORATION • I will make all payments under this Note in the form of cash, check or money order. 1 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 ben aid. I will pay interest ata yearly rate of 6 .250 %. Cause NQ, E C 1 do d� The interest rate required by this Section 2 is the rate I will pay outn oeib c and after any default described in Section 6(8)of this Note. This Mortgage/Note is hereby Cancelled by Judgment entered thereon this. day of 3. PAYMENTS C c" 210ft,L.g.,_,).62,Arec:, (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 d7y of each month beginning on JULY 1 2006 . I will make these payments every monthetiligthtgRifigiCilCdittaliktittgicand interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JUNE 1, 2036 1 still owe amounts under this Note, I will pay those amounts 5690 DTC on that date,BOULEVARD which SUITE 4 0 OE"Maturitys called the Date." I will make my monthly paymentsat ENGLEWOOD, COLORADO 80111 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. $ 840 .45 4. BORROWER'S RIGHT TO PREPAY I have the right to snake payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may 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 poolder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before a I ' 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. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; WITIALHERE :4_-_) ic 800649-1 96 2 MULTISTATE FIXED RATE NOTE--Single Family DocMagwvyw.doemaglc.com Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page t of 3 Form 3200 t/otiEXHIBIT $n 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 will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED ZH (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 0 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge wi 5. 0 0 0 %of my overdue payment of principal and interest. I will pay this late charge promptly but or 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. O (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 iu default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys' fees. 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 different 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. 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 Note Holder from possible losses which might result if I do not keep MAL HEM CT Dor-Magic 800649.1362 MULTISTATE FIXED RATE NOTE--Single Family www.docmagic.com Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 2 of 3 Form 3200 1/01 ,kem 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 D written consent, Lender may require immediate payment in full of all sums secured by this Security 011 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 g tri 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 slims 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. o WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 331. 70• Cause No. ETQ LID 6 iS3J o r This Mortgage/Note is hereby cancelled by 2 Judgment entered thereon this ageday of (seal) _ (Seal) 16:/c-11' 20 -Borrower >4.e,(41,-t Y L. D, X -Borrower Clerk of District Court/Designee •Y TO THZIORD. 0 Amp X. _ 411 F .• ) (Seal) WI o' O G e -Borrower -Borrower Bffili. n- •ciat-o .•, 1 �� By L. g. Alan` thrum. Prest.ent Date (Seal) pay to the OF or of (Seal) -Borrower -Borrower Without Recourse WASHINGTON MUTUAL BANK,FA ByC ,. Y VICE PRESIDENT [Sign Original Only] gjc 8r'O.649-1362 MULTISTATE FIXED RATE NOTE--Single Family �cMawww.dacmagic.com Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 3 of 3 Form 3200 1/01 [ SIGNATURE/NAME AFFIDAVIT I RE: LOAN NUMBER PROPERTY ADDRESS 1911 H STREET , IOWA CITY . IA 52240 BEFORE ME,the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared, TRACY L . DABS' Va. 1 who, after being by me first duly sworn, upon oath does depose and say: G tel TRACY L . DABY THAT, as the name is signed on the note and deed of trust is one and the same person as; 94O v Signature Pilot or type Name ..� VC C3 Ydnt or I Ype name S,gre�e S,grmiwe Ynrt a I ype Nems as the name appears in various loan documents. �e 1911 H STREET (� ',P ./AL. -" TRACY L ./DABY IOWA C.1TY . IA 522.4.0 Sworn to me this J day of ( 1 n I 20 '" Cause No. C 1 0 6 f5.34" (Not Public) This Mortgage/Note is hereby cancelled by Jud ent entered'ther is zwdday of For county of l r State of l (Ai p � Clerk of District Court/llesig rIr" ^ Com NANCY a %5LLtS . Y Coen n Number 73 My Commission expires: , �� ' 2 name affidavit 5/93 ----.% • PTJT �0 ' V IIII1 II III I 11111111 15110II III III II = Doc ID: 020539430015 Tvoe: GEN Recorded: 05/23/2006 at 02:21:41 PM Fee Amt: $77.00 Page 1 of 15 Johnson County Iowa Kim Painter County Recorder BK4027 PG371-385 - .5 76, ISIONIN ORIGINAL DEED ,..,bCause No 47/CU D 6 1'S3e This engage/Note is hereby cancelled by Judg• - t eptered thereon this 212.41day of C?D.�f , 20 �, Jam, This Instrument Prepared By: eA)60 l.�,l -""Li. Clerk of District Court/Designee PREPARefl g1r Anti After Recording Return To: AFFILIATED FINANCIAL GROUP, INC. >t1 A 12Y t( -I Y rl 1.4 ty r 5690 DTC BOULEVARD SUITE 400E y ENGLEWOOD, COLORADO 80111 33 - -MD — 91.1 0 4.0. o Address Tax Statement To: r AFFILIATED FINANCIAL GROUP, INC. l ENGLEWOOD, COLORADO 80111 5690 DTC BOULEVARD, SUITE 400E Co (Space Above This Line For Recording Data) --- p MORTGAGE c 0 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 1 1. 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document, which is dated MAY 15, 2006 ,together with all Riders to this document. (B) "Borrower"is TRACY L. DABY Borrower is the mortgagor under this Security Instrument. (C) "Lender"is AFFILIATED FINANCIAL GROUP, INC. Lender is a COLORADO CORPORATION organized and existing under the laws of COLORADO Lender's address is 5690 DTC BOULEVARD, SUITE 400E, ENGLEWOOD, COLORADO 80111 Lender is the mortgagee under this Security Instrument. Legal description and parcel identification number located on page 3 of this document. � "° . IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT OocMaglc egaOv51 0 do06ts-1362 Form 3016 1/01 Page 1 of 15 www.dor_magic.eom EX IBIT b D D (D) "Note"means the promissory note signed by Borrower and dated MAY 15, 2 0 0 6 The Note states that Borrower owes Lender ONE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED AND 0 0/10 0 Dollars(U.S.$ 13 6, 5 0 0. 0 0 ) 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, 2 0 3 6 (E) "property"means the property that is described below under the heading "Transfer of Rights in the Property." (F) "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. (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Rideyere to be executed by Borrower[check box as applicable]: c Planned Unit Development Rider � Adjustable Rate Rider `� Q Balloon Rider 0 Biweekly Payment Rider Q Q rr � o O 1-4 Family Rider ❑ Second Home Rider = o O Condominium Rider o Other(s) [specify] • J (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-appealable judicial opinions. (I) "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. (J) "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, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items"means those items that are described in Section 3. (L) "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. (M) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on, the Loan. (N) "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. (0) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. §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. INMAL HERE IOWA--Single Family--Fannie MaelFreddie Mac UNIFORMINSTRUMENTNSTage R UMEof SNT DocMagic www.docma1362 gic.com Form 3016 1l01 Pow mi. • yt=',1 (P) "Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that-J 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 Lender, with power of sale, the following described property located in the COUNTY of JOHNSON • • (Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 3 IN BLOCK 31, IN THE EAST IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLATN0.• >� �"�D �v S3�` A.P.N. : 1014432002 Cause This Mortgage/Note is hereby cancelled by Judgment entered thereon this . day of (Dr_(a . 20 Clerk of District Court/Designee which currently has the address of 1911 H STREET [street] Iowa 52240 ("Property Address"): IOWA CITY [city] [Zip Code[ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this.Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal,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, INITIAL HERE IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMeglc enQVO130 800,649-1362 Form 3016 1/01 Page 3 of 15 www.docmagic.cam erfO c-1v4 CP Ci -a 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, O treasurer's check or endrier'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. ted in the Note or at such other Payments are deemed received by Lender when received at the location designs 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 d which Borrower might have now or in the future against Lender shall relieve Borrower from making payments 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 doe under the Note; applied principal due under the Note; (c)amounts due wider Section 3. Such payments shall be 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 thefull payment be ne or oPeriodic Payments, ay ntsi�t suchcharexcess s and may ay be applied to any late charges due. Voluntary prepayments applied first to any 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 ate 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 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 waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any dere. 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 `IN_HERE r IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORM P SST of lESNT oocMaglc www.docr9-r 362 nagic.com Form 3016 1/01 'i3016.mte vv V1.05 ad is OJ 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 unde�nnn 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such t. 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 required 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. a federal agency, instrumentality,or The Funds shall be held in an institution whose deposits are insured by 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 Fends 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,Lendedshalll nom in accordanceraswith requiredby RES t,iand more than shall pay to Lender the amount necessary to make up the 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 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 verification and/or reporting service used by Lender in connection with this Loan. INMAL YRE rs..6) IOWA—Single Family--Fannie Mae/Freddie Mac UNIFORM age 5 oMENT DocMngic f 15 y, c aylc.eom 449.1362 Form 3016 1101 1x306.mil reA ' �y r vy �, o 5. Property Insurance. Borrower shalt 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 payment 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 insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties, retained by 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 1N AL HARE IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMegIC enan79666 800-849.1362 Form 3016 1/01 Page 6 of 15 www.docmagic.com 10016 mle V Qs 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 O> 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 chall 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 deteriorate 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 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 turned 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. INMAL HERE. L7 IOWA—Single Family--Fannie Mae/Freddie Mac UNIFORM PINSTRUMENe 7 of T oocMagfc ie m�45'7om Form 3016 1/01 e301blda so 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. of the lease. If If this Security Instrument is on a leasehold, Borrower shall comply provisions 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 selected 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 Nothingicable Law. en agreementbethis Ser and Lender providing for such termination or until termination is required by App n 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 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 for 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 .. TIP IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT oocMaglc ervonvias 800-649 1362 Form 3016 1/01 Page 8 of 15 www.docmagic.com 49016 mtg. r 2 1/e ekMortgage 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 .00 and shall be paid to Lender. Lithe Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, O� 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 totalamount 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 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. l u�nAAL HIM � �,, E Ccf�a, IT) IOWA—Single Family—Fannie MaelFreddie Mac UNIFORM INSTRUMENT DocMag1c knOlopia 800.645.1362 Form 3016 1101 Page 9 of 15 www.docmaglc.com S,Ylfi mo V d s 00. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or O� 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 tenns 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. 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 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 sra!�a Ir."R �uf N �Ye a:Y: IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT oocMagic erafgWD4S 800-6494362 Form 3016 1/01 Page 10 of 15 www.docmagic.com .'MIA Prov i °'- rev g address stated herein unless Lender has designated another address by notice to Borrower. Any notice in 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 that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. 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 Instrurneirt discontinued e at any in time tIrt earliest the (bsuch f: (a) five days before sale of the Property pursuant to any power 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 far 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 stuns and expenses 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. 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. iNMAL HERE IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUM1 ENT 1NT DocMefF agic 5W5 V5 800649.7362 e Form 3016 1/01 2 rtts 20. Sale of Note; Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the Note O (together with this Security Instrument)can be sold one or more times without prior notice to 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 substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,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 orpermit 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 Ha9Ardous 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 L: r 41 sr .asi xu IOWA--Single Family--Fannie Mae/Freddie Mac UNIFORMINSTRUMENToDocMagic a f 15 ma494362 Form 3016 1/01 Page g MIK nag n 0 promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any ° obligation on Lender for an Environmental Cleanup. i 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 CP 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 he 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 the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable 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 THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. CY L.L?ABY7 'VA 5 Ag A" [Date] [Date] [Date] [Date] Cause No. ACU 5-38e Th1NFdrtgage/Note is hereby canc led by [Date] Jud ent entered thereon this may of ( e .20Y Clerk of District Court/Designee IOWA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Doc-Magic elArgaOOO 800.649-7362 Form 3016 1/01 Page 13 of 15 www.docmaglc•com •.,3o16.mu ; Ili Lek 51a 1 N s 0 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 i reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any O right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 CP 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 ANO CHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and ha any Rider executed by Borrower and recorded with it. 1,' (Seal) (Seal) TRACY L. D Y Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Cause No. 43 to D 6 953 This Mortgage/Note issImby cancelled by (Seal) J( nentered, this 02gd'`day of -Borrower A- �tenG !L.dl.&1 Clerk of District Court/Designee Witness: Witness: IOWA--Single Family--Fannie MaelFreddie Mac UNIFORM e14 INSTRUMENT E5 DocMag/c Wma c��49-1 62 Form 3016 1/01 g is3016.rntu T1, y .o oo D0 r (Space Below This Line For Acknowledgment) State of I OWA ) 1 L ) ss. County of J O h A b o l ) On this (.5 day of 2 U o 6 ,A.D., ,before me, ,personally appeared TRACY L. DABY / S � t1 310 to me 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/her/their voluntary act and deed. I`O IA. Notary P r i,; in th= State of Iowa (Seal, if any) My commission expires: Y tit Cause No. E O_Pe 6 s.ay This Mortgage/Note is hereby cancelled by Judgment entered the reo this day of Clerk of District Court/Designee Holm 14SPE IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagic eCcaoo64c.cam Form 3016 1/01 Page 15 of 15 AFFIDAVIT y STATE OF IOWA ) O � NS SS COUNTY OF POLK ) 9 I , Benjamin W. Hopkins, being first duly sworn on oath depSe and state that I am one of the attorneys for the Plaintiff in th* cause; that I am a regular practicing attorney engaged in this C,co 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 further depose and state that true copies of 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 above and foregoing Petition, know the contents thereof and that the statements and allegations therein are true as I verily believe . 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 January , 2011 . Be j = 1fI� r�p�AT0003573 Exhibi 'C" END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA (Small Claims Division) ORIGINAL NOTICE c//)\ Small Claim No. `� IP Date Filed f!_1EMia1k (Action for money judgment.) MELISSA WOODE STATE OF IOWA Plaintiff do Elverson,Vasey&Peterson,L.L.P. Defendant 100 Court Ave.,Ste.405,Des Moines,IA 50309 do Tom Miller,Attorney General, 1305 E. Walnut Address of said Plaintiff St.,Des Moines,IA 50309 Address of said Defendant VS. CITY OF IOWA CITY Plaintiff Defendant c - do Marian Can,City Clerk,410 E.Washington St., Address of said Plaintiff Iowa City,IA 52240 Address of said Defendant (") I 3s. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTIFIED that the Plaintiff demands from you the amount 1,790.85 based on Defendants, State of Iowa and City of Iowa City's,negligence in failing to secure ananiole cover on the roadway,causing damage to the Plaintiff's automobile on or about December 9,2009, at or near Highway 6 in Iowa City,Johnson County,Iowa. UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court at the Johnson County Clerk of Court,417 S. Clinton St.,Iowa City,IA 52240, within 20 days after service of this original notice upon you,judgment shall be rendered against you upon Plaintiff's claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time assigned for hearing. ELVERSON,VASEY&PETERSON,L.L.P. N _ W. Adam Bu ey,AT0009454 N 1; 100 Court Ave., Ste.405,Des Moines,IA 50309 6-+ Telephone: (515)243-1914 ^moi Lr w Facsimile: (515)243-2235 cp Email: adam.buckley@elversonlaw.com ATTORNEY FOR PLAINTIFF N . APPEARANCE AND ANSWER OF DEFENDANT IN '1'HE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA Plaintiff(s) (Name) ) (Address) ) Appearance and Answer of Defendant (Name) ) (Address) ) VS. } SCSCO Defendant(s) (Name) ) (Address) ) (Name) ) (Address) ) Daytime Phone Number: I HEREBY enter my appearance and Deny / Admit (circle one) the claim of the Plaintiff(s). N •� 1-c2 Q _ W �- a- Defendant U L C.) W o By Attorney for Defendant JOHNSON COUNTY CLERK OF DISTRICT COURT • fig: °� ) Lodema Berkley, Clerk of Court P.O. Box 2510 Barbara Bigelow, Supervisor Iowa City,Iowa 52244-2510 PHONE 31.9.356.6060 Tammie Christiansen, Supervisor • If you wish to have a hearing to argue your side of t�case F DEFENDANT form efore a Magistrate Judge, then fill out the attached APPEARANCE AND ANS and circle the word DENY. Then see that it gets to our office within the amount of time indicated on the ORIGINAL NOTICE form. If you circle the word ADMIT, a Hearing before a Magistrate will not be scheduled and a Judgment will be entered against you by default. If you wish to settle this Small Claim, please contact the Plaintiff, or their Attorney, as soon as possible, so that a DISMISSAL is filed with our office before the time period shown on the ORIGINAL NOTICE has passed. Our office is located at 417 South Clinton Street, Iowa City, Iowa 52240. If you choose to mail your Appearance and Answer form to our office, do so at the mailing address listed above. PLEASE NOTE: Our office will notify you by ordinary mail of the date and time of the hearing. PLEASE WRITE YOUR CORRECT MAILING ADDRESS ON THE APPEARANCE AND ANSWER OF DEFENDANT form. This is the exact address that your Hearing Notice will be mailed to. Also, please indicate a phone number that you can be reached at during our office hours. 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 1-319-398-3920,Ext. 1100. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) r--+ To search Iowa Court Records online,go to: www.iowacourts.gov ,••°• in the left column click Online Court Services 6 r7a UW then click Online Docket Records next click Online Docket Records Search under Trial Court click Case Search then type in the Name and click the drop down boxes for Role,County,and Case Type then click Search,when found,go to Filings,etc.to follow the proceedings in your case 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 : BLAZEK, MARCUS A Docket No 11-00794 State IOWA vs. Court No LACV073001 County JOHNSON DEFENDANT: SANTIAGO, JUAN ALBERTO Ref No Received 02/11/2011 DEFENDANT: ROTH, DAN DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone ALBRECHT,HUGH G (319) 363-9789 PO BOX 998, CEDAR RAPIDS, IA 524060998 Name CITY OF IOWA CITY Zone Party Type DEFENDANT Phone (319) 356-5030 Fax Address 410 E WASHINGTON ST IOWA CITY 34588 52240- E-Mail Employer Comments SERVE MARIAN KARR AT CITY OFFICES Documents Document Serve by Date OE PSR Description/Special Instructions ORIGINAL NOTICE AND I PETITION Service Information p Date OZ—-I (—Oi f Time q ( Type _ C l {` y_ G 0 UT— Party "` U l v V 0 p/!, �� Relationship J Dep vk —1, c-1`41 ( (ej . Race ( Sex F DOB Location L l l 4 d (`yACC‘;1,4)-(-f"v-, Miles /.co r ee I 0 Officer �-� Attempts Log Date Time Server Notes Date Time Server Notes Q Notes: `te • F? EF), "~ O o N j Y.l Printed: Friday, February 11,2011 Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MARCUS A. BLAZEK, CASE NO. L,iQV 0730 0" Plaintiff, ) ) ORIGINAL NOTICE vs. ) N O JUAN SANTIAGO, THE STATE OF ) IOWA, DAN ROTH, and THE CITY OF ) , b IOWA CITY, IOWA, ) .->-< — Defendants. ) 7<irTi _ rnN D FV TO: DEFENDANTS DAN ROTH and THE CITY OF IOWA CITY, IOWA `° You are notified there is a Petition at Law and Jury Demand on file in the office of the clerk of the above court. A copy of this filing is attached. The Plaintiff's attorney is Hugh G. Albrecht, Tom Riley Law Firm, P.L.C., whose address is 4040 First Avenue NE, P. O. Box 998, Cedar Rapids, IA 52406-0998. The Plaintiff's attorney's phone number is (319) 363-4040, with a facsimile transmission number of (319) 363-9789. 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 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. 1100. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) 1/(-/a--,,__LA14.4, CLE of the above Court John on County Courthouse Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MARCUS A. BLAZEK, ) i n EVO-753 CASE NO. v() - a Plaintiff, PETITION AT LAW AND v"` , t vs. ) JURY DEMAND J,c, , ) r� CP JUAN SANTIAGO, THE STATE OF ) ��4 - • IOWA, DAN ROTH, and THE CITY OF ) IOWA CITY, IOWA, ) .� o Defendants. ) `'' 71 Plaintiff, for cause of action against Defendants states: �,. cz-< — THE PARTIES AND JURISDICTION -0 m 70 3c 0 1. Plaintiff is a resident of Cedar Rapids, Linn County, Iov�. ^� na 2. Defendant Juan Santiago is a resident of Johnson County, Iowa and at all times material hereto was employed by the State of Iowa working for the State Department of Corrections. 3. Defendant Dan Roth is a resident of Johnson County, Iowa and at all times material hereto was a police officer for Defendant The City of Iowa City, Iowa. 4. Defendant The City of Iowa City, Iowa is a municipal corporation organized under the laws of the state of Iowa. 5. To the extent this Petition seeks relief under 42 U.S.C. Section 1983 for violations of Plaintiff's civil and constitutionally protected rights and 42 U.S.C. Section 1988 for attorney's fees and litigation costs, this Court is vested with jurisdiction of the subject matter of these claims. 6. To the extent this Petition asserts claims under Iowa Code Chapter 670 (Tort Liability of Governmental Subdivisions), this Court has jurisdiction of the subject matter of these claims pursuant to the provisions of Chapter 670. 7. To the extent this Petition asserts claims under Iowa Code Chapter 669 (State Tort Claims), this Court has jurisdiction of the subject matter of these claims pursuant to the provisions of Iowa Code Section 669.4. 8. Claims against Defendant State of Iowa and Defendant Juan Santiago were timely filed with the Iowa State Appeal Board on December 21, 2009. Thereafter, Plaintiff withdrew said claims on January 12, 2011. This lawsuit is timely commenced, having been filed within six months of the withdrawal of said claims. N 9. Venue is proper herein as the actions complained ofcaccurrrg1 in v-� w Iowa City, Johnson County, Iowa. c7� r COMMON ALLEGATIONS , rn '73 Q tv 10. In February of 2009, Plaintiff Marcus A. Blazek shaped a i 'o- bedroom apartment with Richard Feldhacker, which apartment was located at 464 Peterson Street in Iowa City, Johnson County, Iowa. 11. At approximately 5:45 p.m. on February 24, 2009, Plaintiff Marcus A. Blazek decided to take a shower in advance of meeting friends for the evening. Mr. Feldhacker was not home at the time. 12. After getting out of the shower and returning to his bedroom clad only in a bath towel, Plaintiff heard a commotion in the apartment. 2 13. Plaintiff opened his bedroom door to find several law enforcement officers led by Defendant Juan Santiago and Defendant Dan Roth running down the hallway toward his bedroom with guns drawn. 14. Defendants Juan Santiago and Dan Roth, as well as two or three other unknown law enforcement officers, were at the apartment to conduct a parole check on Plaintiff's roommate. 15. Defendants Juan Santiago and Dan Roth knew that Plaintiff Marcus A. Blazek was not the individual who was the subject of the parole check. 16. Defendants Juan Santiago and Dan Roth with guns drawn, pushed Plaintiff back into his bedroom and ordered him to the bed. Plaintiff, still clad only in a bath towel, complied. 17. Defendant Santiago, still with his gun drawn, accused Plaintiff of flushing drugs and when Plaintiff denied these accusations and requested legal counsel, Defendant Santiago threw Plaintiff from the bed to the floor, at which time Defendant Dan Roth jumped on Plaintiff and handcuffed him. 18. Plaintiff Marcus A. Blazek was then jerked from the floor and thrown back on the bed by Defendants Santiago and Roth. 19. As a result of being thrown to the floor, handcuffed and jerked back onto the bed, Plaintiff Marcus A. Blazek suffered personal injuries including, but not limited to, a complete tear of the right rotator cuff tendon, contusion g the- CO right shoulder, closed separation of the right acromioclavicular joint- iad ankle r rn sprain with medial chip. =ern �� ry >' N 3 20. During the process of being thrown to the floor, handcuffed and jerked back onto the bed, the bath towel Plaintiff was wearing fell off and he was totally naked. 21. Plaintiff asked Defendants Santiago and Roth to allow him to get dressed. Both refused, but did partially cover Plaintiff with a small bath towel. 22. One of the officers on the scene was a female officer. 23. Plaintiff was held cuffed in his apartment for approximately 45 minutes while Defendants Santiago, Roth, and others searched Plaintiff's bedroom and the apartment. 24. After finding nothing to implicate Plaintiff in any wrongdoing, Defendant Santiago made Plaintiff walk partially exposed from his bedroom to the laundry room in order for him to get clothes and get dressed. 25. After getting dressed, Defendant Santiago ordered Plaintiff to gather his belongings and leave the apartment. Plaintiff complied. 26. Plaintiff received medical care for his injuries including, but not limited to, right shoulder surgery and placement of orthotic devices for his ankle injury. 27. The damages incurred by Plaintiff are in excess of the j ctiv�ual �1 — requirements of Rule 6.103, Iowa Rules of Appellate Procedure. n o m rn � COUNT I 570 �N (Claim Against Juan Santiago) �. Civil Rights Search and Seizure Conducted in Violent and Abusive Manner 28. Plaintiff hereby repleads paragraphs 1 through 27 above as if fully set forth herein verbatim. 4 29. At all times herein, Defendant Juan Santiago was acting under color of state law. 30. Defendant Juan Santiago acted without any warrant or probable cause to believe Plaintiff had done anything wrong. 31. The search and seizure of Plaintiff by Defendant Juan Santiago was conducted in a violent and abusive manner during the course of which Defendant Santiago pulled, shoved, cuffed and verbally and physically assaulted and abused the Plaintiff. 32. The conduct of Defendant Juan Santiago deprived Plaintiff of the following rights and privileges secured to him by the Constitution of the United States: a. The right of Plaintiff to be secure in his person and effects against unreasonable search and seizure under the Fourth and Fourteenth Amendments to the Constitution of the United States; b. The right of Plaintiff to be informed of the nature and cause of the accusations against him, secured to Plaintiff under the Sixth and Fourteenth Amendments to the Constitution of the United States; and c. The right of Plaintiff not to be deprived of life, liberty, or O property without due process of law, and the right to the eqt,3l profation }C7 '' —1 of the laws, secured by the Fourteenth Amendment to the Citu t:n or the United States. :c,-; a M a Q c 33. Plaintiff seeks all compensatory damages against Degndan uan Santiago which he is entitled to recover as a proximate cause of Defendant's wrongful conduct, which damages include, but are not limited to, medical 5 expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiff's rights under state law and the Constitutions of the State of Iowa and the United States. 34. The acts, conduct and behavior of Defendant Juan Santiago, were performed knowingly, intentionally and maliciously, by reason of which Plaintiff is entitled to an award of punitive damages. 35. Plaintiff Marcus A. Blazek also seeks recovery of attorney's fees, costs and expenses incurred in bringing and maintaining this action pursuant to 42 U.S.C. Section 1988. WHEREFORE, Plaintiff prays for damages in favor of Plaintiff and against Defendant Juan Santiago for compensatory damages, punitive damages and attorney's fees, costs and expenses, plus interest as provided by law. o -711 -n COUNT II (Claim Against Juan Santiago) n"< -�Crn -v M Civil Rights s " Use of Excessive Force p� N � w 36. Plaintiff hereby repleads paragraphs 1 through 27 above as if fully set forth herein verbatim. 37. At all times material hereto, Defendant Juan Santiago was acting under color of state law. 38. At all times material hereto, Plaintiff was unarmed and helpless and in no way posed a threat to Defendant Juan Santiago or to the safety of any person. The violent and abusive manner in which Defendant Santiago verbally and physically assaulted and abused Plaintiff constituted the use of excessive force. 6 39. As a result of Defendant Juan Santiago's actions, Plaintiff was deprived of the rights and privileges provided to him under the Constitution and laws of the United States and of the State of Iowa, including, but not limited to, his rights under the Fourteenth Amendment to be secure in his person, to be free from punishment without due process and to the equal protection of the laws. 40. Plaintiff seeks all compensatory damages against Defendant Juan Santiago which he is entitled to recover as a proximate cause of Defendant's wrongful conduct, which damages include, but are not limited to, medical expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiff's rights under state law and the Constitutions of the State of Iowa and the United States. 41. The acts, conduct and behavior of Defendant Juan Santiago, were performed knowingly, intentionally and maliciously, by reason of which Plaintiff is entitled to an award of punitive damages. 42. Plaintiff Marcus A. Blazek also seeks recovery of attorney's fees, costs and expenses incurred in bringing and maintaining this action pursuant to 42 U.S.C. Section 1988. WHEREFORE, Plaintiff prays for damages in favor of Plaintiff and against Defendant Juan Santiago for compensatory damages, punitive damages and attorney's fees, costs and expenses, plus interest as provided by law. 0 COUNT III _4 COi (Claim Against State of Iowa) (-7".< =fc - r State Claims Q� m Negligent Supervision and Training 5;. N d 43. Plaintiff hereby repleads paragraphs 1 through 27 above as9:?fully set forth herein verbatim. 7 44. Defendant State of Iowa had the duty and responsibility to train and educate Defendant Juan Santiago to deal with situations such as those involving Plaintiff Marcus A. Blazek, without violating Plaintiff's civil or Constitutional rights. 45. Defendant State of Iowa negligently failed to properly educate and train Defendant Juan Santiago to deal with situations such as those involving Plaintiff Marcus A. Blazek. 46. As a result of Defendant's negligent failure to properly educate and train, Defendant Juan Santiago engaged in conduct that violated Plaintiff's civil and Constitutional rights. 47. Defendant State of Iowa is liable to Plaintiff for injuries and damages suffered by him as the result of Defendant State of Iowa's negligent failure to properly educate and train Defendant Juan Santiago. 48. Plaintiff seeks all compensatory damages against Defendant State of Iowa which he is entitled to recover as a proximate cause of Defendant's wrongful conduct, which damages include, but are not limited to, medical expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiff's rights under state law and the Constitutions of the State of Iowa and the United States. WHEREFORE, Plaintiff demands judgment against Defendant State of Iowa • O for compensatory damages. o -n COUNT IV °° (Claim Against Dan Roth and The City of Iowa City, low:c.1 -- 7<rrn -3 rn Civil Rights o7 Search and Seizure Conducted in Violent and Abusive Mar aE•er N w 49. Plaintiff hereby repleads paragraphs 1 through 27 above as if fully set forth herein verbatim. 8 50. At all times herein, Defendant Dan Roth was acting under color of state law. 51. At all times herein, Defendant Dan Roth was acting within the scope of his employment as a police officer for Defendant The City of Iowa City, Iowa. 52. Defendant Dan Roth acted without any warrant or probable cause to believe Plaintiff had done anything wrong. 53. The search and seizure of Plaintiff by Defendant Dan Roth was conducted in a violent and abusive manner during the course of which Defendant Roth pulled, shoved, cuffed, and verbally and physically assaulted and abused the Plaintiff. 54. The conduct of Defendant Dan Roth deprived Plaintiff of the following rights and privileges secured to him by the Constitution of the United States: a. The right of Plaintiff to be secure in his person and effects against unreasonable search and seizure under the Fourth and Fourteenth Amendments to the Constitution of the United States; b. The right of Plaintiff to be informed of the nature and cause of the accusations against him, secured to Plaintiff under the Sixth and Fourteenth Amendments to the Constitution of the United States; and N c. The right of Plaintiff not to be deprived of life9ipprtyn or ..n -4 0 property without due process of law, and the right to the equan tection r of the laws, secured by the Fourteenth Amendment to the Cotiof f+C N the United States. w 9 55. Plaintiff seeks all compensatory damages against Defendants Dan Roth and The City of Iowa City, Iowa which he is entitled to recover as a proximate cause of Defendants' wrongful conduct, which damages include, but are not limited to, medical expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiff's rights under state law and the Constitutions of the State of Iowa and the United States. 56. The acts, conduct and behavior of Defendant Dan Roth were performed knowingly, intentionally and maliciously, by reason of which Plaintiff is entitled to an award of punitive damages against Defendant Dan Roth. 57. Plaintiff Marcus A. Blazek also seeks recovery of attorney's fees, costs and expenses incurred in bringing and maintaining this action pursuant to 42 U.S.C. Section 1988. WHEREFORE, Plaintiff prays for damages in favor of Plaintiff and against Defendant Dan Roth and Defendant The City of Iowa City, Iowa for compensatory damages, punitive damages and attorney's fees6costs`--and col 71 expenses, plus interest as provided by law. �� — _SCI — COUNT V =gym -v M (Claim Against Dan Roth and The City of Iowa City, lowIe N > ca Civil Rights Q Excessive Use of Force 58. Plaintiff hereby repleads paragraphs 1 through 27 above as if fully set forth herein verbatim. 59. At all times material hereto, Defendant Dan Roth was acting under color of state law. 10 60. At all times material hereto, Defendant Dan Roth was acting within the scope of his employment as a police officer for Defendant The City of Iowa City, Iowa. 61. At all times material hereon, Plaintiff was unarmed and helpless and in no way posed a threat to Defendant Dan Roth or to the safety of any person. The violent and abusive manner in which Defendant Roth verbally and physically assaulted and abused Plaintiff constituted the use of excessive force. 62. As a result of Defendant Dan Roth's actions, Plaintiff was deprived of the rights and privileges provided to him under the Constitution and laws of the United States and the State of Iowa, including, but not limited to, his rights under the Fourteenth Amendment to be secure in his person, to be free from punishment without due process and to equal protection of the laws. 63. Plaintiff seeks all compensatory damages against Defendants Dan Roth and The City of Iowa City, Iowa which he is entitled to recover as a proximate cause of Defendants' wrongful conduct, which damages include, but are not limited to, medical expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiffs rights under state law and the Constitutions of the State of Iowa and the United States. 64. The acts, conduct and behavior of Defendant Dan Roth were performed knowingly, intentionally and maliciously, by reason of which Plait-tiff is 0 entitled to an award of punitive damages against Defendant Dan Rot Dr rn —n m m -v a N � GJ 11 0 65. Plaintiff Marcus A. Blazek also seeks recovery of attorney's fees, costs and expenses incurred in bringing and maintaining this action pursuant to 42 U.S.C. Section 1988. WHEREFORE, Plaintiff prays for damages in favor of Plaintiff and against Defendant Dan Roth and Defendant The City of Iowa City, Iowa for compensatory damages, punitive damages and attorney's fees, costs and expenses, plus interest as provided by law. COUNT VI (Claim Against The City of Iowa City, Iowa) State Claim Negligent Supervision and Training 66. Plaintiff hereby repleads paragraphs 1 through 27 above as if fully set forth herein verbatim. 67. Defendant The City of Iowa City, Iowa had the duty and responsibility to train and educate Defendant Dan Roth to deal with situations such as those involving Plaintiff Marcus A. Blazek, without violating Plaintiff's civil or Constitutional rights. 68. Defendant The City of Iowa City, Iowa negligently failed to properly educate and train Defendant Dan Roth to deal with situations such as those involving Plaintiff Marcus A. Blazek. 69. As a result of Defendant's negligent failure to properly educatnd o train, Defendant Dan Roth engaged in conduct that violated Plainti sxiv and.. co Constitutional rights. N 0 C 0 12 4 • • 70. Defendant The City of Iowa City, Iowa is liable to Plaintiff for injuries and damages suffered by him as a result of Defendant The City of Iowa City, Iowa's negligent failure to properly educate and train Defendant Dan Roth. 71. Plaintiff seeks all compensatory damages against Defendant The City of Iowa City, Iowa which he is entitled to recover as a proximate cause of Defendant's wrongful conduct, which damages include, but are not limited to, medical expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiffs rights under state law and the Constitutions of the State of Iowa and the United States. WHEREFORE, Plaintiff prays for judgment in favor of Plaintiff and against Defendant The City of Iowa City, Iowa for compensatory damages. COUNT VII (Claim Against Dan Roth and The City of Iowa, City, Iowa) State Law Tort Claims Against Dan Roth and The City of Iowa City, Iowa 72. Plaintiff hereby repleads paragraphs 1 through 27 above as if fully set forth herein verbatim. 73. At all times material hereto, Defendant Dan Roth was acting within the scope of his employment as a police officer for Defendant The City of Iowa City, Iowa. 74. Defendants Dan Roth and The City of Iowa City, Iowa a IialN � to rl Plaintiff under one or more of the following legal theories: -4 CO C a. Assault; z<<rn m b. Battery N > cai c. False imprisonment; 13 4 d. Negligence; e. Deprivation of civil rights under the Constitution of the State of Iowa. 75. As a result of Defendants' wrongful conduct as aforesaid, Plaintiff suffered personal injuries and damages attendant thereto. 76. Plaintiff seeks all compensatory damages against Defendants Dan Roth and The City of Iowa City, Iowa which he is entitled to recover as a proximate cause of Defendants' wrongful conduct, which damages include, but are not limited to, medical expense, lost wages, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life and damage to Plaintiff's rights under state law and the Constitutions of the State of Iowa and the United States. WHEREFORE, Plaintiff demands judgment against Defendants Dan Roth and The City of Iowa City, Iowa for compensatory damages. JURY DEMAND Wit? "Ti COMES NOW the Plaintiff and hereby demands a trial by eh in—the g above-captioned matter. c� N a � w 0 TOM RILEY LAW FIRM, P.L.C. By: HUGH G. ALBRECHT AT0000426 4040 First Avenue NE P.O. Box 998 Cedar Rapids, IA 52406-0998 Ph.: (319) 363-4040 Fax: (319) 363-9789 E-mail: hugha(atrlf.com ATTORNEY FOR PLAINTIFF 14 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: HILLS BANK&TRUST CO Docket No 11-01030 State IOWA vs. Court No EQCV073049 County JOHNSON DEFENDANT: GREGOIRE, LYNX Ref No Received [02/23/2011 DEFENDANT: CITY OF IOWA CITY DEFENDANT: PARTIES IN POSSESSION Requestor(s) Phone HILLS BANK&TRUST CO (319)679-2291 _ o 131 MAIN ST, HILLS, IA 52235 O -11 I"1 Name CITY OF IOWA CITY Zone co Party Type DEFENDANT Phone Fax5.,-;:%4 ; w Address 410 E WASHINGTON `(Irn '0 1 • 1 - IV IOWA CITY IA 52240- E-Mail Employer Comments SERVE CITY CLERK, MAIRAN KARR MNI Information Race Sex Birth Date Age Hair Height Weight SSN Eyes Skin Notes Documents Document Serve by Date OE PSR Description/Special Instructions MORTGAGE MEDIATION ❑ ❑ NOTICE ORIGINAL NOTICE AND ❑ ❑ I PETITION Service Information G Date 2- 13- 1 1 Time Z 0 Type C f G o t T Party fidittATIOCO KAIW Relationship Race SexF DOB Location 41() �% 4J/�S�►:�+J(�i On) -C; Miles )•OV Fee I C•vo Officer 5 9--If Attempts Log Date Time Server Notes Date Time Server Notes Notes: Printed:Wednesday,February 23,2011 Johnson County Sheriffs Office Page 1 of 1 J e I n IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HILLS BANK AND TRUST COMPANY, HILLS,IOWA, � PLAINTIFF, No.EQCV 4-13r,� 9 vs. ORIGINAL NOTICE LYNX GREGOIRE,IDA I.GREGOIRE,THE CITY OF IOWA CITY,AND PARTIES IN POSSESSION, DEFENDANTS. o * 2 . -77 TO THE ABOVE-NAMED DEFENDANTS: "' You are notified there is a Petition on file in the office of the Clerkie altvve r`Tl Court. A copy of this filing is attached. The Plaintiff's attorney is Kenza 41.Nels 1, 0 whose address is 131 Main Street, PO Box 160, Hills, Iowa 52235. The Pontiff s attorney's phone number is (319) 679-5330, with a facsimile transmission numbef (319) 679-5519. 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 require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 1-319-398- 3920 ext. 1100. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2943. LODEMA ERKLEY (SEAL) C4) CL• OF THE ABOVE COURT124-44 Johnson County Courthouse Iowa City, Iowa 52244 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 6161 / / l CoVe r On \ CA ,A IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HILLS BANK AND TRUST COMPANY, - ` a HILLS,IOWA, No. EQCV '; PLAINTIFF, vs. PETITION IN EQUITY FOR.,-7, w ,t,4 FORECLOSURE WITHO 7-- ' LYNX GREGOIRE,IDA I.GREGOIRE,THE REDEMPTION AND WITH WA R ,.: CITY OF IOWA CITY,AND PARTIES IN OF IN PERSONAM JUDGMEIT-) POSSESSION, 3;,73 a 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 TWELVE MONTHS (OR SIX MONTHS IF THE PETITION CONTAINS 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. COMES NOW the Plaintiff, Hills Bank and Trust Company ("the Bank") and respectfully states as follows: N 1. The Bank is an Iowa state banking corporation organized underpwa cle rrt Chapter 524 and engaged in business, in part, in Johnson County, Iowa. c,_< r 6,3 N N 1i 1,1 June 11, 2004, in Book 3748, Page 76 (the"Mortgage"). The Mortgage encumbers the following real estate, to-wit: Lot 7 in Block 8 in Part Three Towncrest, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 6, Page 44, Plat Records of Johnson County, Iowa (locally known as 1126 Essex Street, Iowa City, Iowa 52240) (the"Real Estate"). A copy of the Mortgage is attached hereto as Exhibit 2 and is incorporated herein by reference. 8. Borrowers have defaulted in the monthly payment of interest and principal and have failed to pay the Note. 9. By reason of the Borrowers' default, Bank has elected and does hereby elect in accordance with the terms of the Note and the Mortgage to declare the whole of the Note and Mortgage due and payable forthwith. 10. The balance due on the Note and the Mortgage as of February 17, 2011, is $94,363.39. Interest accrues from and after February 17, 2011, on the principal balance of $92,381.38 at the current rate of 3.375%. Per diem accrual is $8.54211. 11. Bank mailed Borrowers a written 30 day cure notice on October 26,2010 ("Notice"). An original Iowa Mortgage Help Mortgage Medication Notice was included in the Notice. The Notice gave Borrowers more than 30 days to cure their default. A copy of the Notice is attached hereto as Exhibit 3 and is incorporated herein by reference. 12. More than 30 days have elapsed since the Notice was given. A timely cure of defaults did not occur. 13. A 14-day notice of acceleration with an original Mortgage Medi Nodi e was y 1 F mailed to Borrowers on November 29, 2010. This mailing was more than 30 y aft. .,the ..;, —+c7 c„) ;"<r— • 1J mailing of the Notice. A copy of the 14-day notice is attached hereto as Exhibit 4 and is incorporated by reference. 14. The Note and the Mortgage permit the Bank to collect costs incurred in enforcing the Note and/or Mortgage. The Bank has expended the sum of$65.00 for abstracting fees and anticipates expending additional monies for the day of closing and/or further abstracting work with amounts so expended property added to the in rem judgment as is prayed for below. The Bank is entitled to reimbursement for all advancements for abstracting expenses,property taxes, and hazard insurance, if any, made by the Bank during the pendancy of this action to protect the real estate and/or improvements thereto. Any and all advancements made by the Bank should be included as part of the in rem judgment awarded herein and secured by the Mortgage. 15. The Mortgage provides for the appointment of a receiver in the event of default in order to protect and preserve the real estate and to collect any rents and profits from the subject real estate during the pendancy of this foreclosure proceeding through the date of the sheriff's sale, without redemption. No receiver is sought at this point in time. 16. The Bank is the owner and holder of the Note and Mortgage, due demand has been made for payment, and payment has been refused. The Note has been properly accelerated. 17. All Defendants named in this action have or claim to have some lien upon or interest in the Real Estate. The interests or rights of all Defendants in and to the Real Estate are subordinate and junior to the Bank's Mortgage, attached as Exhibit 2, and as such, are all subject to extinguishment by foreclosure. 18. The Bank has requested foreclosure without redemption of the mortgaged real estate described above. THE BANK HEREBY WAIVES AN IN PERSONAM JUDGMENT o AGAINST THE BORROWERS. + c7 ti -.1 •t t. 19. The Real Estate is and is not: i)the homestead of Defendants Lynx Gregoire and Ida I. Gregoire; ii)agricultural land as defined in Iowa Code Section 9H; iii) agricultural property as defined in Iowa Code Section 654A.1; iv) used for an agricultural purpose as defined in Iowa Code Section 535.13; or v) used for farming as defined in Iowa Code Section 175.2. 20. A Mortgage Mediation Notice is attached as Exhibit 5. 21. The Borrowers also made, executed and delivered to the Bank jointly and severally a Home Equity Line of Credit Agreement dated May 14, 2008, with a credit limit of $19,000.00. On that same date, Borrowers made, executed, and delivered to the Bank a Home Equity Line Mortgage filed of record in the office of the Johnson County,Iowa Recorder on May 20, 2008, in Book 4300, Page 700(the"HELOC Mortgage"). The HELOC Mortgage encumbers the Real Estate. A copy of the HELOC Mortgage is attached hereto as Exhibit 6 and is incorporated herein by reference. 21. The HELOC Mortgage was recorded after the City of Iowa City's Mortgage. 22. The Bank is not seeking to foreclose the HELOC Mortgage or to include the HELOC Mortgage in the judgments prayed for below. Rather,the Bank is seeking realgnition -" - as a junior lienholder by virtue of the HELOC Mortgage. c)—< ry r.. WHEREFORE,the Plaintiff, Hills Bank and Trust Company, prays foi t olI win�. , rn ib o 73 '"' • judgments and relief: I%) N A. That judgment in rem be entered against the Real Estate in the sum of$94,363.39 ,� plus interest on the unpaid principal amount of$92,381.38 at the rate of 3.375% per annum from February 17, 2011, such amount equaling $8.54211 per day,plus all taxes, insurance and other advancements, if any, incurred by the Bank and abstracting charges in the amount of$65.00, and for other court costs. The Bank requests that such sums be declared a lien upon the Real Estate • from June 4,2004,the date of the Mortgagors' Mortgage, prior and superior to any right, title, lien, or interest of the Defendants or any of them therein; B. That the Court enter judgment declaring the Bank's Mortgage to constitute a valid first lien on the Real Estate, prior to and superior to any claims, rights, title or interest of any of the Defendants and to foreclose the Mortgage upon the Real Estate; C. That the Mortgage be foreclosed and that the Court direct that a special execution issue following entry of judgment directing the sale of the foreclosed Real Estate, without redemption, by the Johnson County Sheriff or so much thereof as is necessary to satisfy the judgment entered herein with interest, costs, and all advancements made by the Bank and that at the time of the sheriff's sale, a Sheriff's Deed, without redemption, issue to the purchaser of the mortgaged Real Estate; D. That if there are surplus proceeds from the sale of the Real Estate at sheriff's sale, the Court determine the amount the junior lienholders City of Iowa City and Hills Bank and Trust Company should receive in light of the fact that the City of Iowa City's mortgage does not state the amount it secures; E. That the Court order that if the purchaser at the sheriffs sale of the Real Estate should be denied possession of the Real Estate by any of the Defendants, after obtaining a Sheriff's Deed,then a writ issue from the Clerk on the filing of a praecipe and request for the issuance of the writ directing the Johnson County Sheriff to put the purchaser at sheriff's sale in possession of the Real Estate. F. That the Court recite in the Decree of Foreclosure that no third persons may obtain an interest in and to the Real Estate after this action has been indexed by the Clerk of Court pursuant to Iowa Code §617.11; and '� ., is G. For such other orders and relief and this Court deems just and equitable in the Real Estate including the retention of jurisdiction through the date of the sheriff's sale if the mortgage or notes are reinstated by the Mortgagors and thereafter by the owner and holder of the sheriff's deed for the purpose of clearing title objections, if any, arising in the future relative to this foreclosure proceeding. Respe fully submitted, r '1 enza :.Neeson - 0005652 Legal is fficer Hills :ank and Trust Company 131 Main Street, P.O. Box 160 Hills, IA 52235-0160 Ph: 319-679-5330 Fax: 319-679-5519 Email: Kenza_Nelson@hillsbank.com .3 b d D rj C3 nx (z) S-013011901( �. r Lyth:.Gregoire . - Ida I. Gregoire 1126 Essex Street Iowa City, IA 52240 ADJUSTABLE RATE NOTE THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. June 04, 2004 Iowa City Iowa [Date] [City] [State] 1126 Essex Street Iowa City, IA 52240 [Property Address] gO/f�B/^ /9v ./ 1. BORROWER'S PROMISE TO PAY ere/ In return for a loan that I have received, I promise to pay U.S. $ 102,000.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is Hills sank and Trust Company I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. 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. 1 will pay interest at a yearly rate of 5.750%. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. Interest will be calculated on adaily basis. 3. PAYMENTS [Please check box for interest-only payments.] 0 Beginning on the day of and on the day of every month thereafter until the day of , I will pay only the interest on the unpaid principal balance of the Note. Thereafter, I will pay principal and interest by making payments every month as provided below. (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on theist day of each month beginning on August 1st, 2004 I will make these payments every month until I have paid all of the principal and interest and any qtrr charges described below that I may owe under this Note. Each monthly payment will be applied as of its schedted due AV and will be applied to interest before Principal. If, onJuly 1st, 2034 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "191atuytyBloc." I will make my monthly payments at any of our locations. C)--‹ N I IA or at a different place if required by the Note Holder. =<rn 3 a (B)Amount of My Initial Monthly Payments tv Each of my initial monthly payments will be in the amount of U.S. $595.24 . ThiPirnountelitty change. • 8013011901 MULTISTATE ADJUSTABLE RATE NOTE-Single Family !� Cp 899N(02011.01 7102 EXHIBIT VM P MORTGAGE FORM S-(800)521-7291 Pogo 1 of 5 Initials: I • . (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The interest rate I will pay may change on the 1st day of July 2009 , and on that day every 12th month thereafter. Each date on which my interest rate could change is called a"Change Date." (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is: 1 Year U.S. Treasury Bill The most recent Index figure available as of the date: LxJ 45 days E before each Change Date is called the"Current Index." if the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND 000/1000 percentage points ( 3.000 %)to the Current Index. The Note Holder will then round the result of this addition to the LxJ Nearest El Next Highest El Next Lowest ( 0.12500 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. 0 The "Interest-Only Period" is the period from the date of this Note through . For the Interest-Only Period, after calculating my new interest rate as provided above, the Note Holder will then determine the amount of the monthly payment that would be sufficient to pay the interest which accrues on the unpaid principal of my loan. The result of this calculation will be the new amount of my monthly payment. The "Amortization Period" is the period after the Interest-Only Period. For the Amortization Period, after calculating my new interest rate as provided above, the Note Holder will then determine the amount.of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount ctry monthly payment. p (D) Limits on Interest Rate Changes (Please check appropriate boxes; if no box is checked, there will be no maximum limit on chan,Ek,q 11e� 0 (1)There will be no maximum limit on interest rate changes. (7-3—‹ N ® (2)The interest rate I am required to pay at the first Change Date will not be greater than--t n (-43 7.75-}0�% or less than 3.750 %. ® (3) My interest rate will never be increased or decreased on any single Change Date by nprpan ATO 000/1000 percentage points( 2.000% .,itko7therrike of est I have been paying for the preceding period. ® (4)My interest rate will never be greater than 11.750%, which is called the"M imum Rate." ® (5) My interest rate will never be less than 3.000%, which is called the"Minimum Rate." 0 (6) My interest rate will never be less than the initial interest rate. El (7)The interest rate I am required to pay at the first Change Date will not be greater than or less than %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than percentage points( %) from the rate of interest I have been paying for the preceding period. • 8013011901 Initisq: 4:0-899N(0207).01 Page 2 01 5 • . (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any 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 this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 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 Note Holder has required me to pay immediately in full as described above, the Note Holder will lite the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibaed by apicable law. Those expenses include, for example, reasonable attorneys' fees. Crj • n 1-i 13D130f1 mmn:: L'D CI)-899N(0207).01 Pop 3 o15 O 1 . 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by 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. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment.1 means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument''), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. if Lender exercises the option to require immediate payment in full, Lender.shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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. (.,� E;• J U z C3•< t301i01 ...qr.') CO CD899N(0207)0f Pogo 4of5 � N tV �1 • WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. • 1,.. Ai (Seal) " a sof (Seal) ?7rnx Gregoi ' -Borrower Ida I. G.:•O• e -Borrowcr 4 (Seal) (Seal) -Borrower -Borrower (Seal) • (Seal) -Borrowcr -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] N u U ---� C7 fel segamINS C7't W rrn -11 IT, D • 8013011901 CD-899N(0207).01 Pape 5 01 5 (Page 1 of 20) ISI IIIIIIIHIIIIIIVIII1111II 1111111111111111111111 1111111111 O Doc ID: 018493180020 Tvue: DEN Recorded: 06/11/2004 at 11:18:13 AH Fee Amt: 8106.00 Page 1 of 20 Johnson County Iowa Kimberly A. Painter County Recorder BK3748 P076-95 Prepared By: Sarah Mitchell - c SR 131 Main Street Hills, IA 52235 (319)679-2291 Return To: Hills Bank and Trust Company 131 Main Street Hills, IA 52235 [Space Above This Line For Recording Data] MORTGAGE This is a purchase money mortgage. 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 June 4th, 2004 , together with all Riders to this document. (B) "Borrower"is Lynx Gregoire and Ida I. Gregoire, as husband and wife IV CJ O C2 r'4 -T1 37•-1 W _...,... ()-< r r." =1 C7 CO Borrower is the mortgagor under this Security Instrument. N 8013011 1 IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1101 -6(IA)(0005)02 00 P89.1 0115 MMal_ EXHIBIT VMP MORTGAGE FORMS.(800)521•7291 21. a • Book 3748, Page 76, File Number (Page 2 of 20) • (C) "Lender"is Hills Bank and Trust Company • Lender is a Commercial Bank organized and existing under the laws of the State of Iowa Lender's address is 131 Main Street, Hills, IA 52235 Lender is the mortgagee under this Security Instrument. (D) "Note"means the promissory note signed by Borrower and dated June 4th, 2004 The Note states that Borrower owes Lender ONE HUNDRED TWO THOUSAND AND 00/100 Dollars (U.S. $102,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2034 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "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. (6) "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]: lid Adjustable Rate Rider __J Condominium Rider E Second Home Rider O Balloon Rider Planned Unit Development Rider I I 1-4 Family Rider ED VA Rider El Biweekly Payment Rider I I Other(s) [specify] (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-appealable judicial opinions. (I) "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. (J) "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, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items"means those items that are described in Section 3. (L) "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. (M) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "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. 80130119Q !flaws. ®-6(IA)(0005)02 Pate 2 or I5 Form:):0)16 AT I co *77 c7ti ... r� rn Ca . Bo 748, Page 76, File Number (Page 3 of 20) (0) "RESPA"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. (P) "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 Lender, with power of sale, the following described property located in the County of Johnson [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 7 in Block 8 in Part Three Towncrest, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 6, Page 44, Plat Records of Johnson County, Iowa. era _Z • Parcel ID Number: 1013310007 which currently has t dreA;?f 1126 Essex Street [ 3t1 Iowa City [City], Iowa 52240 [Zip Ctde] ("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 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is 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. 8013011901 Initials: C›.6(1A)(0005).02 Page 3 ol 15 Form 3016 1101 • Book 3748, Page 76, File Number (Page 4 of 20) P. 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 801..1190 Init,& . C7 ®6(IA}l0oos>o2 pegs4015 FoniySQ1f .77 1. c� l` r7T nE - Boo748, Page 76, File Number (Page 5 of 20) 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 he paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for 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 required 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 zi C7 811 30119 3 Initials: 442,.6(IA) (0005).02 Pape 5of 15 Fo41nA116w�►101 47 N . . --�n C,) 11v� N co - Book 3748, Page 76, File Number (Page 6 of 20) 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 arc 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 verification and/or 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 payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law 803.3011901 Initials: �V Mit) -6(IA)(0005)02 Page 6ai15 Fqr i 3016 01 rr rV Fri -13 rn • • D BQok 3748, ge 76, File Number (Page 7 of 20) requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by 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 arc beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or 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 8013011901 Initials ©•6(IA)(0005).02 Page I of is Form 3016 kV CJ X -,n CO fr- � � r1 - - ;,y hoo>V 3746, 76, File Number 2 co (Page 8 of 20) 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 turned 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 selected 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 8013011901 Inlllala C)•6(IA) (0005).02 Page of 15 Form 3016 1101 ® Q v �y • l r\.) I b Bg k 374 Pa a 76, File Number ti (Page 9 of 20) 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 for 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 proceedSa,of n Z 8 '5�011rn Initials @.6(IA)(0005).02 Pape 9 or 15 16",01 (19 CD N Co Book 3748, Page 76, File Number (Page 10 of 20) 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. 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 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 0,1301001 Inulols: ©®6(IA)(0005)02 Page 10 01 ISt 1► 301 7 1101*71 "-IC) w r C=•., ry d rV • • • 1k 3748, Page 76, File Number (Page 11 of 20) 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 that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to 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) 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. 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 ti c= 901301;401 Initials: .`C, —11 Page 11 o116 , 3Q iio1� CD-6(1A)(0005)02 { ---1C) r,\.) rn c.7 7 �[ ry a) • Book 3748, Page 76, File Number (Page 12 of 20) 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 substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, 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. 1 0 sow1141 Initials' ©®6(IA)(0005)02 Popo 12 of 15 ,_q 1��3. 01tz I 1101 ` --IC) w rn ry co Book 3748, Page 76, File Number 4_ . (Page 13 of 20) 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 THAT BY SIGNING THIS MORTGAGE, VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH SPECT TO CLAIMS BASED UPON THIS MORTGAGE. Y B rower Lynx Gr go a Date i errower I."- I Gregoire Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date N O 0 - --:.n '' aTi garliOlf1401 r --I c7 ®-6(IA)mown Page 13 of 15 rh u l 4,.1101 0 rn c) :` 0 IV > rt.) C) • • , Book 3748, Page 76, File Number (Page 14 of 20) 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: 4H- _ �--� (Seal) x Gregoire -Borrower (Seal) Ida I. Greg -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) •Borrower -413 we -- C 7 'T1 (2-< tV e� =ICI w r• r M 80130]0401 Co I•6(IA)(0005)02 Pegs 14 of 15 Form 3016 1/01 - .. . . Book 3748, Page 76, File Number (Page 15 of 20) STATE OF IOWA, Johnson County ss: On this 4th day of June 2004 , before me, a Notary Public in the State of Iowa, personally appeared Lynx Gregoire, Ida I. Gregoire 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/her/their voluntary act and deed. My Commission Expires: 03/26/2006 EDER Notary Public in and for said County and State SCaTTSCHRG Scott Schroeder • CoMmym(CommdaeE tea ca O 1 r'i U, av_� in—< TV =+n G' rTi M � ' 3? N Co 8013011901 Initials: ©-6(IA)(0005).02 Paye 15 of 15 Form 3016 1101 . Book 3748, Page 76, File Number (Page 16 of 20) ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 4th day of June, 2004 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 Adjustable Rate Note(the"Note")to Hills Bank and Trust Company (the"Lender")of the same date and covering the Property described in the Security Instrument and located at: 1126 Essex Street Iowa City, IA 52240 [Property Address] THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 5.750 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The interest rate I will pay may change on the 1st day of July 2009 and on that day every 12th month thereafter. Each date on which my interest rate could change is called a"Change Date." 8013011901 MULTISTATE ADJUSTABLE RATE RIDER-Single Family 4:1)-899R(0009) 1/01 Page 1 of 5 Initials: VMP MORTGAGE FORMS (800)521-7291 _ N C) --- n r71--4 CO iNa C) (4) 1 Y M f'T1 � cp NJ 0 N CO Book 3748, Page 76, File Number (Pace 17 of 20) (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is: 1 Year U.S. Treasury Bill The most recent Index figure available as of the date: bd 45 days before each Change Date is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND 000/1000 percentage points ( 3.000% to the Current Index. The Note Holder will then round the result of this addition to the ®Nearest I I Next Highest Next Lowest ( 0.12500%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. E Interest-Only Period The"Interest-only Period" is the period from the date of this Note through For the interest-only period, after calculating my new interest rate as provided above, the Note Holder will then determine the amount of the monthly payment that would be sufficient to pay the interest which accrues on the unpaid principal of my loan. The result of this calculation will be the new amount of my monthly payment. The "Amortization Period" is the period after the interest-only period. For the amortization period, after calculating my new interest rate as provided above, the Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. 8013011901 Initials: d )-899R (0009) Page 2 of 5 4? ` CZ7 "i7 —+n w r;7 -� cD N co Book 3748, Page 76, File Number (Pace 18 of 20) (D) Limits on Interest Rate Changes (Please check appropriate boxes; if no box is checked, there will be no maximum limit on changes.) El(1)There will be no maximum limit on interest rate changes. LxJ(2) The interest rate 1 am required to pay at the first Change Date will not be greater than 7.750 % or less than 3.750 %. LxJ(3) My interest rate will never be increased or decreased on any single Change Date by more than TWO AND 000/1000 percentage points( 2.000 %) from the rate of interest I have been paying for the preceding period. Lxi(4)My interest rate will never be greater than 11.750%, which is called the "Maximum Rate." (5)My interest rate will never be less than 3.000%, which is called the "Minimum Rate." (6)My interest rate will never be less than the initial interest rate. (7) The interest rate I am required to pay at the first Change Date will not be greater than % or less than %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than percentage points ( %)from the rate of interest I have been paying for the preceding period. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 8013011901 Initials: CD-899R(0009) Page 3 of 5 rrl --I C) w r""' rrl —0 117 CJ co Book 3748, Page 76, File Number (Page 19 of 20) • B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: 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 a 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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. 801301,01 Initials: 4D-899R(0009) Page 4 of 5 O rri ® C7 C?-< N --r c7 w Oer tv tV • • Book 3748, Page 76, File Number (Page 20 of 20) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable-Rate Rider -) `I. ` / 0 (Seal) —t.Q ALJ (Seal) }r ( Gregoire j -Borrower Ida I. Gr gOake -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 8013011901 -899R(0009) Page 5 of 5 corrl t7-< r- r p rri ry C7 1V co - 1.. Book 3748, Page 76, File Number Hills Bank 131 Main Street Hills, Iowa 52235 and Trust Company 319-679-2291 October 26, 2010 Lynx Gregoire COLLECTION DIVISION Ida I. Gregoire 1126 Essex St. NOTICE OF RIGHT TO CURE DEFAULT Iowa City, IA 52240 (Sent Certified and Regular Mail) Dear Mr. and Mrs. Gregorie: p = r7; Creditor: Hills Bank and Trust Company `� ` ' 131 Main Street er w 1 P.O. Box 160 rC �, M Hills, IA 52335-0160 c:j .:4; tU Credit Promissory Note 8013011901 dated June 4,2004, in the oria,Pial loam) Transaction: amount of$102,000.00. Payoff as of October 26, 2010 is in the amort of $93,295.94. Interest at the contract rate of 3.375%per annum accrues on the unpaid principal balance of$92,381.38. Per diem interest is in the amount of $8.54211. Collateral The debt described above is secured by the following collateral: Description: Mortgage dated June 4,2004, filed of record in the office of the Johnson County Recorder on June 11, 2004, in Book 3748 at Page 76-95,encumbering the property located at 1126 Essex St., Iowa City, Iowa, legally described as follows: Lot 7 in Block 8 in Part Three Towncrest,an Addition to the City of Iowa City, Iowa,according to the plat thereof recorded in Book 6. Page 44, Plat Records of Johnson County, Iowa. The above Creditor, Hills Bank and Trust Company("Bank"), believes that you are in default on the above Credit Transaction for the reason that you have defaulted on the Promissory Note which is past due and payable. This default consists of the failure to make the following payments: $735.95 due on September 1,2010 and$735.95 due on October 1,2010. You have the right to cure this default by November 27,2010. Unless payments are brought current by this date, it will become necessary to accelerate your Promissory Note and pursue the remedies provided for in your Mortgage. The total delinquency against your loan as of today's date is as follows: Past Due Payments $1,471.90 EXHIBIT Accumulated Late Charges $71.16 Hills • Iowa City• Coralville• North Liberty• Kalona• Cedar Rapids • Lisbon • Mount Vernon • Marion •Wellman hillsbank.com 1-800-445-5725 Unapplied Funds ($0.00) Total Delinquency as of October 26,2010 $1,543.06 To avoid the possibility of acceleration,you must pay this amount as well as the next payment of $735.95 due November I, 2010 plus any additional late fees and other charges that may be due under applicable law after the date of this notice and on or before November 27,2010. Payments can be made to any of our offices in Iowa City, Coralville, North Liberty, Lisbon, Mt. Vernon,Cedar Rapids, Marion, Wellman, Kalona or Hills. If funds are not received by November 27, 2010,we will proceed with acceleration. Once acceleration has occurred,we may take steps to terminate your ownership in the property by a foreclosure proceeding or other action to seize the property or pursue any other remedy permitted under the terms of your Mortgage. You have the right to reinstate your Mortgage and Promissory Note after acceleration pursuant to the terms of the Mortgage, and you have the right to assert in any foreclosure action the non-existence of a default and any other defense you may have to acceleration and foreclosure. This letter is notice to you that Hills Bank and Trust Company requires you to cure this default by November 27,2010. As part of any action or procedure to foreclose the Mortgage, in addition to seeking judgment for the accelerated aggregate sum of the unpaid balance,advancement for taxes, if any, accrued interest and accruing interest, the Bank can demand court costs and attorney fees as allowed by the Promissory Notes and Mortgages. You are also advised that there is available to you counseling and mediation services which might be of assistance to you should you desire to explore options to keep your property. Enclosed is a Mortgage Mediation Notice developed by the Iowa Attorney General which provides information on help which is available. You are encouraged to contact the personnel at the number provided in the Notice for the free assistance which is available to you. If you have any questions, please contact me directly at(319)679-2218. Sincerely -� ss Bill Stewart Mortgage Loan Specialist o n rri nil r. CO r M rn ES � � N CO • r 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, • ah i State of Iowa-sponsored program. ,.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 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. o d 004 Iowa Mortgage Help RC rr7 .77 1-877-622-4866 ,-� www.lowaMortgageHelp.com —`,in civ C.)-70 This notice is being provided as required by Iowa Code section 654.4B(2)... N ct IS„) Nilly Bank 131 Mair Street Hills. Iowa 52235 and Trust Comnanv 319-679-2291 November 29,2010 Lynx Gregoire COLLECTION DIVISION Ida I. Gregoire 1126 Essex Street NOTICE OF DEFAULT AND ACCELERATION Iowa City, IA 52240 (Sent Certified and Regular Mail) o_ Dear Mr. and Mrs. Gregoire: D� rri n-< w � Creditor: Hills Bank and Trust Company ---tt7 131 Main Street 7< -0 rn P.O. Box 160 t Hills, IA 52235-0160 N N Credit Promissory Note dated June 4,2004, Loan No. 8013011901 in the orig'tfihl Transaction: principal sum of$102,000.00. The balance due on the note as of November 29, 2010 is in the sum of$93,609.79. Interest accrues on the unpaid principal balance of$92,381.38 at the rate of 3.375%per annum from and after November 29,2010. Collateral The debt described above is secured by the following collateral: Description: Mortgage dated June 4,2004, filed of record in the office of the Johnson County Recorder on June 11,2004, in Book 3748 at Page 76-95,encumbering the property located at 1126 Essex St., Iowa City,Iowa, legally described as follows: Lot 7 in Block 8 in Part Three Towncrest, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 6, Page 44, Plat Records of Johnson County, Iowa. NOTICE OF ACCELERATION Hills Bank and Trust Company gives you notice that a timely cure of the defaults described under the October 26, 2010 notice of right to cure did not occur. Accordingly, the note described above is being accelerated and will be due and payable in full on December 15, 2010. The Creditor will proceed with foreclosure action or procedure pursuant to the Iowa Code. The payoff for your loaf; as of today's date is as follows: Principal Balance $92,381.38 Interest to November 29, 2010 $990.89 Escrow Advance $133.95 EXHIBIT Accumulated Late Charges $94.57 s (•t Hills • Iowa City• Coralville• North Liberty • Katona• Cedar Rapids • Lisbon • Mount Vernon • Marion •Wellman hillsbank.com 1-800-445-5725 Other Fees $9.00 Total Payoff as of November 29, 2010 $93,606.79 Per diem accrual is $8.54211 at the contract rate of interest of 3.375%per annum from and after November 29. 2010. Unless you pay in full the entire amount shown on the payoff by December 15. 2010. a foreclosure action will be initiated against the above property. You are also advised that there is available to you counseling and mediation services which might be of assistance to you should you desire to explore options to keep your home. Enclosed is a Mortgage Mediation Notice developed by the Iowa Attorney General which provides information on help which is available. You are encouraged to contact the personnel at the number provided in the Notice for the free assistance which is available to you. If you have any questions,please contact me directly at(319) 679-5330. Sincerely, / Kenza Nelson Legal Officer `-� rT7 ni 7.<1_„; -0 g in N 1D S 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. h bl 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 lowaMortgageHelp.com. This free call could save your home. 1 Iowa Mortgage Help • 1-877-622-4866 '--t rT-1 077 www.lowaMortgageHelp.com r) This notice is being provided as required by Iowa Code section 654.48(2).9=3 • 0 N Io 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. heI s avai able 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 anst you does not necessarily mean that you will lose your tEdse. ItIZ NOT too late. There is still time for help. —71 � p -"C N i---.Do Not Delay. This may be your best chance to s your e1 - 01home from foreclosure. r N 10 > N Call 1-877-622-4866 today or go to IowaMortgageHelp:gom. This free call could save your home. fiiilIowa Mortgage Help EXHIBIT 1-877-622-4866 www.lowaMortgageHelp.com 5 This notice is being provided as required by Iowa Code section 654.4B(2). • 1111111110111111111111113111111111111111111111 Doc ID: 021187000007 Tvoe: GEN Recorded: 05/20/2008 at OB:53:47 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder 'BK4300 pa700.706 — 1979 DOCUMENT PREPARED BY: Neva Litscher, Hills Bank & Trust Company 131 Main Street Hills, IA 52235 (319)679-2291 TAXPAYER: Lynx & Ida I. Gregoire • 1126 Essex Street Iowa City, IA 52240 AFnf3FT t1 T Hills a i s Banknu Trust company Attn: Loan Servicing 131 Main Street Hills, IA 52235 HOME EQUITY LINE MORTGAGE (This is a Consumer Credit Transaction) BORtR WER Iynx Gregoire Ida I. Gregoire ADDRESS 126 Essex St Iowa City, IA 52240 ELEPHONENO. .•°IPEN11FICATION NO Lynx Gregoire, as Husband Ida I. Gregoire, as Wife g ADDRESS h `71 1126 Essex St 2> t*7 "77 J Iowa City, IA 52240 "I co +N.TELEPHONE NO. IDENTIFICATION NO. '.: C :' --ic-) w GRANTEE(LENDER): Hills Bank and Trust Company 1`• - 131 Main Street -x Hills, IA 52235 :. N REAL PROPERTY ADDRESS:1126 Essex Street fV Iowa City, IA 52240 r„p LEGAL DESCRIPTION OF REAL PROPERTY: See Schedule A on Page 7 PARCEL IDENTIFICATION NUMBER: 1013310007 NOTICE: THIS MORTGAGESECURESCRED)TIN THE AMOUNT OF$A,000.00 . LOANS AND ADVANCESUP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. Mortgagor hereby mortgages,grants,assigns and conveys to Lender,the real property described In Schedule A,which Is attached to this Mortgage and incorporated herein, together with all future and present Improvements and fixtures; privileges, hereditaments, and appurtenances; leases,licenses and other agreements; rents,Issues and profits;water,well,ditch,reservoir end mineral rights and stock, and standing timber and crops pertaining to the real property(cumulatively"Property"). Moreover,In further consideration, Mortgagor does,for Mortgagor and Mortgagor's heirs,representatives,successors,and assigns, hereby expressly warrant,covenant,and agree with Lender,Ks successors and assigns as follows: EXHIBIT 1. OBUGATIONS. This Mortgage shall secure the payment and perlormance of all present and future indebtedness, liabilities, obligations end covenants of Borrower or Mortgagor(cumulatively'Obligations")to Lender pursuant to: LPIA50e 0 Harland Finonolal Solutions,Ino.(2/17)(eo0)0373797 Peg"1 317 a • (a)this Mortgage and the following promissory notes and other agreements: INTERES1 .-PR)NCTP UNGTNtr MATURITY • CUSTOMER LOAN RATE • AMOUNT/ AGRMT NUMBER NUMBER D T LIMIT __ DATE I DATE Fixed $19,000.00. 05/19/0 05/10 1 BOI301T9�4 (b)all other present or future written agreements with Lender that refer specifically to this Mortgage(whether executed for the same or different purposes than the foregoing); (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Mortgage; (d) future advances,whethe'obligatory or optional, to the same extent as if made contemporaneously with the execution of this Mortgage, made or extended to or on behalf of Mortgagor or Borrower. Mortgagor agrees that if one of the Obligations is a line of credit,the lien of this Mortgage shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of the Ile) no balance may be outstprldnQO . atnQ time shall the lien of this Mortgage, not including sums advanced to protect the security of this Mortgage,exceed$199,VU Lf•UU U ;and (e)all amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing. As used In this Paragraph 1,the terms Mortgagor and Borrower shall include and also mean any Mortgagor or Borrower if more than one. 2. REPRESENTATIONS,WARRANTIES AND COVENANTS.Mortgagor represents,warrants and covenants to Lender that: (a) Mortgagor has fee simple marketable title to the Property and shall maintain the Properly free of all liens,security Interests. encumbrances and claims except for this Mortgage and those described in Schedule B which Is attached to this Mortgage and incorporated herein by reference,which Mortgagor agrees to pay and perform In a timely manner, (b) Mortgagor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those relating to'Hazardous Materials" as defined herein,and other environmental matters(the"Environmental laws'),and neither the federal government nor the slate where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with respect to environmental matters pending, or to the best of the Mortgagor's knowledge, threatened,which involve the Property. Neither Mortgagor nor,to the best of Mortgagor's knowledge,any other party has used,generated.released,discharged, stored,or disposed of any Hazardous Materials as defined herein,In connection with the Property or transported any Hazardous Materials to or from the Property. Mortgagor shall not commit or permit such actions to be taken in the future. The term"Hazardous Materials"shall mean any substance,material,or waste which Is or becomes regulated by any governmental authority Including, but not limited to: (i)petroleum; (a)friable or nontriable asbestos;(iii)polychlorinated biphenyls; (iv)those substances,materials or wastes designated as a'hazardous substance'pursuant to Section 311 of the Clean Water Act or Isted pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes;(v)those substances,materials or wastes defined as a'hazardous waste'pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and(vi)those substances,materials or wastes defined as a'hazardous substance' pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability Act,or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordnance now or hereafter in effect. Mortgagor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; (c) All applicable laws and regulations including, without limitation, the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and all regulations promulgated thereunder)and all zoning and building laws and regulations relating to the Property by virtue of any federal,state or municipal authority with jurisdiction over the Property,presently are and shall be observed and complied with in all material respects,and all rights,licenses,permits,and certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconforming uses,and final Inspection approvals),whether temporary or permanent. which are material to the use and occupancy of the Property,presently are and shall be obtained,preserved and,where necessary,renewed; (d) Mortgagor has the right and Is duly authorized to execute and perform Is Obligations under this Mortgage and these actions do not and shall not conflict with the provisions of any statute,regulation, ordinance,rule of taw,contract or other agreement which may be binding on Mortgagor at any time; (e) No action or proceeding is or shall be pending or threatened which might materially affect the Properly; (f) Mortgagor violate alregulation,governing contract ent Inmigtmtnallyaffect the Property(indudng, limited statute,,those Haza dous Maerias)orLender's rights or interest the Property pursuant to this Mortgage;and (g) No loan broker as defined by Iowa Code Chapter 535C has been involved in this mortgage transaction. 3. PRIOR MORTGAGES. Mortgagor represents and warrants that there are no prior mortgages affecting any part of the Property except as set forth on Schedule 8 attached to this Mortgage which Mortgagor agrees to pay and perform In a timely manner. If there are any prior mortgages then Mortgagor agrees to pay all amounts owed,and perform all obligations required, under Such mortgages and the indebtedness secured thereby.4. TRANSFERS F THE PROPERTY OR R BORROWERS. ale, conveyance,lease,contract lot deed or transfer BENEFICIAL INTERESTS toanpersono all or arty pert of the realproperty describedIn in Schedule A,ors any O Interest therein, Lender may,at Is option, declare the outstanding principal balance ci the Obligations plus acme.]Interest thereon immediately clue and payable, and Lender may Invoke arty remedies permitted by the promissory note(s) or other agreenient(s), C l fee the Obligations,or by this Mortgage,unless otherwise prohibited by federal law. y' _•„t fee 5. LEASES AND OTHER AGREEMENTS. Mortgagor shall not take or fail to take any action which may cause or permit the termination N ear or the withholding of any payment In connection with any Lease pertaining to the Property. In addition. Mortgagor,without Lender's prior C—).—e: wntten consent,shall not:(a)collect any monies payable under any Lease more than one month In advance;(b)modiy any Lease;(c) t:a r-- assign or allow a lien,security interest or other encumbrance to be placed upon Mortgagor's rights,title and Interest in and to any Lease or the amounts payable thereunder,or(d)terminate or cancel any Lease except for the nonpayment of any sum or other material breach -(r" TTI by the other party thereto. If Mortgagor receives at any time any written communication asserting a default by Mortgagor under an Leaser 'J or purporting to terminate or cancel any Lease,Mortgagor shall promptly forward a copy of such communication (and any subsequent (e7::: communications relating thereto) to Lender. All such Leases and the amounts due to Mortgagor thereunder are hereby assigned to N Lender as additional security for the Obligations. re •• 6. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Mortgagor to notify any third > party (including, but not limited to, lessees, licensees, governmental authorities and insurance companies) to pay Lender any N indebtedness or obligation owing to Mortgagor with respect to the Property(cumulatively 'Indebtedness')whether or not a default exists l0 under this Mortgage. Mortgagor shall dligentiy collect the Indebtedness owing to Mortgagor from these third parties until the giving of such notification. In the event that Mortgagor possesses or receives possession of any Instruments or other remittances with respect to the indebtedness following the giving of such notification or If the instruments or other remittances constitute the prepayment of any Indebtedness or the payment of any insurance or condemnation proceeds,Mortgagor shall hold such instruments and other remittances in est for Lender apart from its other property, endorse the Instruments and other remittances to Lender,and immediately provide Lender with possession of the instruments and other remittances. Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise),extend the time for payment, compromise, exchange or release any obligor or collateral,or otherwise settle any of the Indebtedness whether or not an Event of Default exists under this Mortgage. Lender shall not be liable to Mortgagor for any action, error,mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Notwithstanding the foregoing,nothing herein shall cause Lender to be deemed a mortgagee-in-possession. 7. USE AND MAINTENANCE OF PROPERTY.Mortgagor shall take all actions and make any repairs needed to maintain the Property In good condition. Mortgagor shall not commit or permit any waste to be committed with respect to the Property. Mortgagor shall use the Property solely In compliance with applicable law and insurance policies. Mortgagor shall not make any alterations, additions or improvements to the Property without Lender's prior written consent. Without limiting the foregoing. al alterations, additions and improvements made to the Property shall be subject to the beneffclal Interest belonging to Lender,shall not be removed without Lender's prior written consent,and shall be made at Mortgagor's sole expense. 8. LOSS OR DAMAGE Mortgagor shall bear the entire risk of any loss,theft,destruction or damage (cumulatively 'Loss or Damage')to the Property or any portion thereof from any cause whatsoever. In the event of any Loss or Damage.Mortgagor shall,at the option of Lender,repair the affected Property to Is previous condition or pay or cause to be paid to Lender the decrease In the fair market value of the affected Property. LPIAe me 5 Hyland Finance Sauruns,no.(V,OPT)(800)037.37ne Papa 207 A INSURANCE. The Property will be kept Insured for Its full insurable value(replacement cost)against all hazards Including loss or damage caused by flood, earthquake,tornado and fire,theft or other casualty to the extent required by Lender. Mortgagor may obtain insurance on the Property from such companies as are acceptable to Lender in its sole discretion. The insurance policies shall require the insurance company to provide Lender with at least 1 U days'written notice before such policies are altered or cancelled in any manner. The insurance policies shall name Lender as a loss payee and provide that no act or omission of Mortgagor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. in the event Mortgagor fails to acquire or maintain insurance,Lender(after providing notice as may be required by law)may In Its discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing Interest as described in Paragraph 21 and secured hereby. Mortgagor shall furnish Lender with evidence of insurance Indicating the required coverage. Lender may act as attorney-in-fact for Mortgagor in making and settling claims under insurance policies, cancelling any policy or endorsing Mortgagor's name on any draft or negotiable instrument drawn by any insurer. All such insurance policies Shall be immediately assigned, pledged and delivered to Lender as further security for the Obligations. In the event of loss,Mortgagor steak immediately give Lender written notice and Lender is authorized to make proof of loss. Each Insurance company is(Greeted to make payments directly to Lender instead of to Lender and Mortgagor. Lender shall have the right,al its sore option,to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Properly. Any amounts may at Lender's option be applied In the inverse order of the due dates thereof. 10. ZONING AND PRIVATE COVENANTS. Mortgagor shall not Initiate or consent to any change in the zoning provisions or private covenants affecting the use of the Property without Lender's prior written consent If Mortgagor's use of the Property is or becomes a nonconforming use under any zoning provision,Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender. Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property. 11. CONDEMNATION. Mortgagor shall Immediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proceeding pertaining to the Property. All monies payable to Mortgagor from such condemnation or taking are hereby assigned to Lender and shall be applied first to the payment of Lender's attorneys' lees,legal expenses and other costs(including appraisal fees)in connection wth the condemnation or eminent domain proceedings and then,at the option of Lender,to the payment of the Obligations or the restoration or repelr of the Property. 12. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall Immediately provide Lender with written notice of any actual or threatened action, suit,or other proceeding alleeling the Property. Mortgagor hereby appoints Lender as its aaomey-inrtact to commence, intervene In,and defend such actions,suits,or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto, Lender shall not be kable to Mortgagor for any action. error, mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Nothing contained herein will prevent Lender from taking the actions described In this paragraph In Its own name. 13. INDEMNIFICATION. Lender shall not assume or be responsible for the peiormance of any of Mortgagor's obligations with respect to the Property under any circumstances. Mortgagor shall Immediately provide Lender with written notice of and Indemnity and hold Lender and its shareholders.directors,officers,employees and agents harmless Irom all claims,damages,liabilities (including attorneys' fees and legal expenses),causes of action,actions,sults and other legal proceedings (cumulatively 'Claims')pertaining to the Property (including, but not limited to,those involving Hazardous attorneys'Mater ls) Mortgagsrard n the re to request of Lender,nshall uhirhire lhleral counsel�to defend Lender from such Claims,and pay y ' legal alternative,Lender shalt be entitled to employ its own legal counsel to defend such Claims at Mortgagor's cost. Mortgagor's obligation to indemnify Lender under this paragraph shall survive the termination,release or foreclosure of this Mortgage. 14. TAXES AND ASSESSMENTS. Mortgagor shall pay all taxes and assessments relating to the Property when due and immediately provide Lender evidence of payment of same. Upon the request of Lender,Mortgagor shall deposit with Lender each month one-twelfth (1/12) of the estimated annual insurance premium, taxes and assessments pertaining to the Property. SO long as there Is no default, these amounts shall be applied to the payment of taxes,assessments and insurance as required on the Property. In the event of default, Lender shall have the right,at its sole option, to apply the funds so held to pay any taxes or against the Obligations. Any funds applied may,at Lender's option,be applied in reverse order of the due date thereof. 15. INSPECTION OF PROPERTY,BOOKS,RECORDS AND REPORTS. Mortgagor shall allow Lender or Its agents to examine and Inspect the Property and examine, Inspect and make copies of Mortgagors books and records pertaining to the Properly from time to time. Mortgagor shall provide any assistance required by Lender for these purposes. All of the signatures and information contained In Mortgagor's books and records shall be genuine, true, accurate and complete in all respects. Mortgagor shall note the existence of Lender's beneficial interest in its books and records pertaining to the Property. Additionally, Mortgagor shall report,in a form satisfactory to Lender,such information as Lender may request regarding Mortgagor's financial condition or the Property. The Information shall be for such periods, shall reflect Mortgagor's records at such time,and shall be rendered with such frequency as Lender may designate. All information furnished by Mortgagor to Lender shall be true,accurate and complete in all respects,and signed by Mortgagor if Lender requests. 16. ESTOPPEL CERTIFICATES. Within ten(10)days after any request by Lender,Mortgagor shall deliver to Lender,or any Intended transferee of Lender's rights with respect to the Obligations, a signed and acknowledged statement specifying: (a)the outstanding balance on the Obligations; and(b)whether Mortgagor possesses any claims,defenses,setoffs or counterclaims with respect to the Obligations and, it so,the nature of such claims, defenses,setoffs or counterclaims. Mortgagor will be conclusively bound by any representation that Lender may make to the Intended transferee with respect to these matters In the event that Mortgagor falls to provide the requested statement in a timely manner. 17. EVENTS OF DEFAULT.An Event of Default will occur under this Mortgage In the event that Mortgagor, Borrower or any guarantor of any Obligation: (a) commits fraud or makes a material misrepresentation at any time in connection with the Obligations or this Mortgage; (b lails to meet the repayment terns of the Obligations for any outstanding balance;or (c) by any action or inaction, adversely affects the Property,or any right of Lender In such Property,including, but riot limited to, transfer of title to or sale of the Property without the permission of Lender,failure to maintain required Insurance or to pay taxes on the Property,allowing the filing of a lion senior to that held by Lender,death of the sole Borrower obligated under the Obligatons.allowing the taking of the Property through eminent domain, or allowing the Property to be foreclosed by a lienholder other than Lender. In N addition, en Event of Default shall occur it,as a result of any of the following, the Property,or any right of the Lender in the Property,Is 4 adversely affected:the Borrower,Mortgagor or any guarantor of any Obligation commits waste or otherwise destructively uses or fails to maintain the Property, uses the property in an legal manner which may subject the Property to seizure,or moves form the Property;a Judgment is Ned against the Borrower,Mortgagor or any guarantor of any Obligation; or one of two Borrowers obligated .�C„� under the Obligations dies. —. nl 111 Any of the foregoing shall constitute a default that materially Impairs the condition, value,or the Lender's right in the Property,and shall evidence a material impairment of the Borrower's prospect of paying the Obligations. If a court should determine that one or more of the above do not constitute a default under the Iowa Consumer Credit Code,Mortgagor agrees that reinstatement of the Obligations shall be Mortgagor's sole remedy and Mortgagor shall not be entitled to any damages by reason of Lender's exercise of any of its remedies -... C) W herein.RIGHTS RIGHTS OF LENDER ON EVENT OF DEFAULT. Upon the occurrence of an Event of Default under this Mortgage. Lender shall bern entitled to exercise one or more of the following remedies without notice or demand(except as required by law): 3 (a) to declare the Obligators immediately due and payable in lull,such acceleration shall be automatic and Immediate If the Event of T dV Q Default is a filing under the Bankruptcy Code; .. (b) to collect the outstanding Obligations with or without resorting to Judicial process; (c) to require Mortgagor to deliver and make available to Lender tiny personal property or Chattels constituting the Properly at a place reasonably convenient to Mortgagor and Lender, `J (d) to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and,at tenders option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutory conditions regarding receivers,it being Intended that Lender shall have this contractual right to appoint a receiver, (e) to employ a managing agent of the Property and let the same,In the name of Lender or In the name Of Mortgagor, and receive the rents, incomes, issues and profits of the Property and apply the same,after payment of all necessary charges and expenses,on account of the Obligations; (1) to pay any sums in any form or manner deemed expellent by Lender to protect the security of this Mortgage on to cure any default other than payment of interest or principal on the Obagatlons; (g) to foreclose this Mortgage; (h) to setoff Mortgagors Obligations against any amounts owed Mortgagor by Lender Including, but not limited to, monies, instruments,and deposit accounts maintained with Lender or any currently existing or future affiliate of Lender,and (m)to exercise all other rights available to Lender under any other written agreement or applicable law. LPIA600Cd/ im.'land Fm.ncla,Sdm.a,..Inc.(VI 6/07)(600)Q37'3750 Page 3d 7 • Lenders lights are cumulative and may be exercised together,separately,and in any order. In the event that Lender Institutes an action seeking the recovery of any of the Property by way of a prejudgment remedy n an action against Mortgagor, Mortgagor waives the posting of any bond which might otherwise be required. Lender or Lenders designee may purchase the Property at any sale. The Property or any part thereof may be sold in one parcel,or in such parcels,manner or order as Lender in its sole discretion may elect,and one or more exercises of the power herein granted shall not extinguish or exhaust the power unless the entire Property is sold or the Obligations are paid In full. 19. REDEMPTION PERIOD. Mortgagor hereby agrees that in the event of judicial foreclosure of this Mortgage, Lender may,at its sole option,elect (a) pursuant to Iowa Code§628.26 as now enacted or hereafter modified, amended or replaced,to reduce the period of redemption after sale on foreclosure to Ste months,or (b) pursuant to Iowa Code 8 62827 as now enacted or hereafter modified, amended or replaced,to reduce the period of redemption after sale on foreclosure to sixty days,or (c) pursuant to Iowa Code 9628.28 as now enacted or hereafter modified, amended or replaced,or any other Iowa Code Section,to reduce the period of redemptin atter safe on foreclosure to such time as may be then applicable and provided by law,or (d) pursuant to Iowa Code 3654.20 as now enacted or hereafter modified,amended or replaced,to foreclose without redemption. 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Mortgage shall be considered a financing statement and a fixture filing pursuant to the provisions of the Unilonn Commercial Code(as adopted by the state where the Property is located) covering fixtures,chattels,and articles of personal property now owned or hereafter attached to or to be used in connection with the Property together with any and all replacements thereof and additions thereto(the'Chattels'),end Mortgagor hereby grants Lender a secunty interest In such Chattels. The debtor is the Mortgagor described above. The secured party is the Lender described above. Upon demand, Mortgagor shall make, execute and deliver such security agreements (as such term is defined In said Unilorm Commercial Code)as Lender at any time may deem necessary or proper or required to grant to Lender a perfected security interest in the Chattels, and upon Mortgagor's failure to do so,Lender is authorized to sign any such agreement as the agent of Mortgagor. Mortgagor hereby authorizes Lender to file financing statements(as such term is defined in said Uniform Commercial Code)with respect to the Chattels,at any time, without the signature of Mortgagor. Mortgagor will, however, at any time upon request of Lender, sign such financing statements. Mortgagor will pay all filing tees for the filing of such financing statements and for the refiling thereof at the times required,in the opinion of Lender,by said Uniform Commercial Code. If the lien of this Mortgage is subject to any security agreement covering the Chattels,then In the event of any default under this Mortgage,all the right, title and Interest of Mortgagor In and to any and all of the Chattels is hereby assigned to Lender,together with Use benefit of any deposits or payments now or hereafter made thereof by Mortgagor or the predecessors or successors in He of Mortgagor in the Property. 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender,at Lender's option, may expend funds(including attorneys' fees and legal expenses)to perform any act required to be taken by Mortgagor or to exercise any right or remedy of Lender under this Mortgage. Upon demand, Mortgagor shell immediately reimburse Lender for al such amounts expended by Lender together with Interest thereon at the lower of the highest rate described In any Obligation or the highest rate allowed by law from the date of payment until the dale of reimbursement. These sums shall be included In the definition of Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations em paid atter the beginning of publication of notice of safe,as herein provided,or in the event Lender shall,at its sole option,permit Mortgagor to pay any part of the Obligations after the beginning of publication of notice of sale,as herein provided, then,Mortgagor shall pay on demand all expenses incurred by the Lender in connection with said publication, including reasonable attorneys'lees to the attorneys for the Lender,and this Mortgage shall be security for all such expenses and fees. 22. APPUCATION OF PAYMENTS. All payments made by or on behalf of Mortgagor may be applied against the amounts paid by Lender(including attorneys'lees and legal expenses)In connection with the exercise of its rights or remedies described In this Mortgage and then to the payment ol the remaining Obligations in whatever order Lender chooses. 23. POWER OF ATTORNEY.Mortgagor hereby appoints Lender as its altomey-n-tact to endorse Mortgagor's name on all Instruments and other documents pertaining to the Obligations or Mortgage. In addition, Lender shall be entitled, but not required, to perform any action or execute any document required to be taken or executed by Mortgagor under this Mortgage. Lenders performance of such action or execution of such documents shall not relieve Mortgagor from any Obligation or cure any default under this Mortgage. The powers of attorney described in this Mortgage are Coupled with an interest and aro irrevocable. Notwithstanding the foregoing, Lender is not entitled to confess Judgment on any claim on behalf of Mortgagor. 24. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record. 25. COLLECTION COSTS. If Lender hires an attorney to assist in collecting any amount due or enforcing any right or remedy under this Mortgage,Mortgagor agrees to pay Lender's collection costs,other than attorneys'fees. 26. PARTIAL RELEASE. Lender may release its Interest in a portion of the Property by executing and recording one or more partial releases without affecting Its Interest In the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its Interest in the Property(except as required under Paragraph 34),nor shall Lender be obligated to release any part of the Property if Mortgagors in default under this Mortgage. 27. MODIFICATION AND WAIVER.The modification or waiver of any of Mortgagor's Obligations or Lenders rights under this Mortgage must be contained in a writing signed by Lender. Lender may perform any of Borrowers or Mortgagor's Obligations, delay or fad to exercise any of Its rights or accept payments from Mortgagor or anyone other than Mortgagor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Mortgagor's Obligations under this Mortgage shalt not be affected if Lender amends,compromises, exchanges,fails to exercise,Impairs or releases any of the Obligations belonging to any Mortgagor, Borrower or third party or any of its rights against any Mortgagor, Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a waiver,and Lender shall have the right at any time thereafter to insist upon suict performance. 28. SUCCESSORS AND ASSIGNS. This Mortgage shall be binding upon and inure to the benefit of Mortgagor and Lender and their respective successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees. 29. NOTICES. Except as otherwise required by law,any notice or other communication to be provided under this Mortgage shall be in writing and sent to the parties at the addresses described In this Mortgage or such other address as the parties may designate In writing from time to time. Any such notice so given and sent by first class mall,postage prepaid, shall be deemed given the earlier of three(3) days atter such notice Is sent or when received by the person to whom such notice is being given. 30. SEVERABILITY. Whenever possible, each provision of this Mortgage shall be Interpreted so as to be effective and valid under applicable state taw. If any provision of this Mortgage violates the law or is unenforceable, the rest ol the Mortgage shall continue to be valid and enforceable. N 31. APPUCABLE LAW.This Mortgage shall be governed by the laws of the state of Iowa. 32. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision 01 the Mortgage. All provisions of the Mortgage in favor of Lender are intended solely for the benefit of Lender,and no third parry shall be entitled to assume or expect that Q Lender will waive or consent to the modification of any provision of the Mortgage,in Lender's sole discretion. t7 33. PRESERVATION OF UABIUTY AND PRIORITY. Without affecting the liability of Borrower,Mortgagor, or any guarantor of the •••••••• Obligations, or any other person(except a person expressly released in writing)for the payment and performance of the Obligations, and without affecting the rights of Lender with respect to any Property not expressly released In writing,and without Impairing in any way the n.{ 1.7 priority of this Mortgage over the interest of any person acquired or first evidenced by recording subsequent to the recording of this • C►) Mortgage, Lender may,either before or after the maturity of the Obligations, and without notice or consent: release any person liable for CZ payment or performance of all or any part of the Obligations; make any agreement altering the terms of payment or performance of all orrri any part of the Obligations; exercise or refrain front exercising or waive any right or remedy that Lender may have under this Mortgage; rn accept additional security of any kind for any of the Obligations; or release or otherwise deal with any real or personal property securing the Obligations. Any person acquiring or recording evidence of any Interest of any nature In the Property shall be deemed, by acquiring C such interest or recording any evidence thereof,to have consented to all or any such actions by Lender. 34. DEFEASANCE Upon the payment and performance in full of all of the Obligations, Lender will execute and deliver to Mortgagor those documents that may be required to release this Mortgage of record. Mortgagor shall be responsible to pay any costs of - N) recordation. 35, WAIVER OF HOMESTEAD. Mortgagor hereby waives all homestead exemptions In the Property to which Mortgagor would otherwise be entitled under any applicable law or other exemptions to which Mortgagor would otherwise be entitled under any applicable law and waives all rights or dower and distributive share in the Property. Leimode C) Harland F.nclar$oWfiora,Inc.(211 6/07)(S00)93)-3799 Pepe 4 d7 c Ig • 36. CONSTRUCTION LOAN. 0 If checked,this Mortgage secures an obligation Incurred for the construction of an improvement on land,and is a"construction mortgage" within the meaning of Section 554.9334 of the Iowa Uniform Commercial Code. This Mortgage also secures loans or advancements made to directly Mance work or Improvements upon the real estate described herein.and Is a "construction mortgage lien"with7n the meaning of Section 572.18 of the Iowa Code. 37. MISCELLANEOUS. Mortgagor and Lender agree that time is of the essence.Mortgagor waives presentment,demand for payment, notice of dishonor and protest except as required by law. All references to Mortgagor In this Mortgage shall Include all persons signing below. If there Is more than one Mortgagor, their Obligations shall be joint and several. This Mortgage represents the complete Integrated understanding between Mortgagor and Lender pertaining to the terms and conditions hereof. 38. ADDITIONAL TERMS: NOTICE TO CONSUMER: 1, DO NOT SIGN THIS PAPERBEFORE YOU READ IT.2. YOU ARE ENTITLEDTO A COPY OF THIS PAPER. 3. YOU MAY PREPAY THE UNPAID BALANCE AT ANYTIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVEA REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of this Mortgage, and acknowledges receipt of an exact copy of same. Datedthis 14th dayof May, 2008_ Stf-egq- GOR: Lynx goire 1 • MORTGAGOR: Ida I. Gregoire Ida . cre• 'ire MORTGAGO' MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: N d _d 477 co C,..< —4C-) W r N N tAD l.P18600E Harland Mondial Solutions,Ira.(2/10/07)(800)957.7740 Page 6 of 7 I, R' U AGRICULTURAL HOMESTEAD DISCLOSURE: MORTGAGOR UNDERSTANDS THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, MORTGAGOR VOLUNTARILY GIVES UP GRANTOR'S RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated this 14th day of May, 2008 Mo— on: Lynx Gr1 goire ' 4 .. • .►' .. tr MORTGAGOR: Ida I. Gregoire • - T. _ � •0 ?. - - I MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: eV d --I C7 W r' a • !U CD N LPN600F Q Harland Financial Salaams.4a.(711607((6003 0374790 Page 0 a 7 • STATE OF IOWA ) moi. JASON GREEN SS: (IN co Number 712627 COUNTY OF JOHNSON ] MyCammisston Expiroc (0 On this 19th day of LYNX & IDA G'Tt200 8 RE re A$mHU�87gND &Notary is in and for said county and state,personally appeared to me personally known to be the Identical person named in and who ex cut the +in and foregoing instrument,and acknowledged that he[she(executed the same as hls(her]voluntary act and deed. l _ ,Notary Public In and 1 r id my and State STATE OF ) SS: COUNTY OF On this day of _ .,before me,the undersigned, a Notary Public in and for said county and state,personally appeared to me personally known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he(she)executed the same as his[her[voluntary act and deed. ,Notary Pudic in and for said County and State I" "SCHEDULE The street address of the Property(if applicable)is: 1126 Essex Street Iowa City, Iowa 52240 The permanent tax identification number of the Property is: 1013310007 The following described real properly located in the County of JOhnSOn -- slate of Iowa • Lot y7 in Block 8yy in Part Three Towncrest, an Addition to the City Book 6, Paget 44, Plat tohe Ioowaecorded • C) N SCHEDULE:B l c LPIA60eG m Flatland Financial Solutions.Inn.(7/1a007)(900)037.3790 Peps 7 ol 7 END OF CASE FILE )9/ • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNIFER ANDREWS, ) ) Plaintiff, ) Equity No. CVCV073167 ) v. ) ) ACCEPTANCE IOWA CITY HOUSING AUTHORITY, ) OF SERVICE ) Defendant. ) I, Marian K. Karr, hereby accept service of the following on behalf of Defendant: 1. Petition for Writ of Certiorari; 2. Original Notice; 3. Order for Writ of Certiorari; and 4. Writ of Certiorari. , i Marian . Karr Date City Clerk,City of Iowa City o =<rn -, 7.7 � o Nv e q � d� " , ) A -'row. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNIFER ANDREWS, Equity No. ('_ VC-V 0 '73/ 6;7 Plaintiff, vs. ORIGINAL NOTICE c, IOWA CITY HOUSING AUTHORITY, Defendant. -r n Tri a y 0 TO THE ABOVE-NAMED DEFENDANT: You are notified that a petition has been filed in the office of the clerk of this court, naming you as the defendants in this action. A copy of the petition is attached to this notice. The attorney for plaintiff is Erin O. Dooley, whose address is Iowa Legal Aid, 1700 S. First Avenue, Iowa City, IA 52240. The attorney's telephone number is 319-351-6570, and her fax number is 319-351-0079 You must serve upon plaintiffs attorney a motion or answer within 20 days after service of this original notice upon you, and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County at the courthouse in Iowa City, Iowa. If you do not,judgment by default may be entered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext.U 00. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). LODEMA BERKLEY CL OF DISTRICT COUR CiS1751\j"..) Johnson County Courthouse Iowa City, IA 52240 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNIFER ANDREWS, Equity No. C V Gv 0 73/6 7 Plaintiff, vs. PETITION FOR WRIT OF CERTIORARI IOWA CITY HOUSING AUTHORITY, x = x17-q= r- Defendant. x c N r- o cn -, C.n ctt COMES NOW Plaintiff, by and through her counsel,Erin O. Dooley of Iowa reWal Aid, and for her Petition for Writ of Certiorari states to the Court as follows: 1. Plaintiff Jennifer Andrews is a resident of Iowa City, Iowa. oTi o 2. Defendant Iowa City Housing Authority("ICHA") is a department of the CitafIowa City" 3. Defendant ICHA is an inferior tribunal or board within the meaning of Iowa ov. rn 1.1401. �" c 4. Ms. Andrews is a recipient of housing assistance under the Section 8 Voucher program administered by ICHA. 5. By a written decision dated February 23, 2011, Douglas Boothroy, serving as hearing officer, upheld the ICHA's termination of housing assistance to Ms. Andrews. 6. Defendant has acted illegally in this matter because Boothroy's February 23 decision does not state a sufficient basis for termination, and thus violates federal regulations, ICHA's rules, and substantive due process, as well as constituting an abuse of discretion. 7. Because of Ms. Andrews' limited finances, the termination of a housing subsidy will cause 1 her great harm. WHEREFORE, Ms. Andrews respectfully requests that the Court: A. Issue a writ of certiorari commanding Defendant to certify to this Court the record of the relevant proceedings; B. Set this matter for hearing; C. Hold that Defendant's decision to terminate Ms. Andrews' Section 8 Rental Assistance is illegal and unenforceable; D. Tax the costs of this action to Defendant; and E. Grant such other relief as may be just and equitable under the circumstances. Respectfully submitted, f t - *ACre)-(2--), Erin O. Dooley Iowa Legal Aid 1700 S. First Avenue, Suite 10 Eastdale Plaza Iowa City,Iowa 52240 (319) 351-6570(phone), (319) 351-0079 (fax) edooley@iowalaw.org PIN: AT0010218 ATTORNEY FOR PLAINTIF ` -70 (43 '-f p =�.. 2 17) 0 2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNIFER ANDREWS, Equity No. C_ l/G LJ 0 7 3117 Plaintiff, vs. ORDER FOR WRIT OF CERTIORARI IOWA CITY HOUSING AUTHORITY, Defendant. c'7:' NOW on thiso?J day of May( , 2011, this matter comes before the Gottrt ou— o,c, c.n Plaintiffs Petition for Writ of Certiorari. The Court finds that the Writ of Certiorari s1 d ca issue. The Court, therefore, orders the Clerk to issue the Writ of Certiorari commanding s . Defendants to certify to this Court on or before the I day of A p4 ; 1 ,2011 the complete record of the proceedings complained of in the petition as well as any other records pertaining to the facts of the case now before this Court. --//1kOlitAitset JUDGE ,�, SIXTH JUDICIAL DISTRICT 1O Wk c" 31. • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNIFER ANDREWS, Equity No. C.VG V O 73/6 Plaintiff, vs. WRIT OF CERTIORARI 0 IOWA CITY HOUSING AUTHORITY, o -- Defendant. -ate a �r.; rn a � o 0 TO: Defendant Iowa City Housing Authority: WHEREAS, in Plaintiff's petition, it has been made to appear to the Iowa District Court for Johnson County that you are proceeding illegally in terminating Plaintiff's Section 8 Rental Assistance, you are therefore commanded to certify and return to this Court on or before the 51 day of A pvi 1 , 2011, the complete record of the proceedings complained of in the petition as well as any other records pertaining to the fact of the case now before this Court, and to have then and there this writ. WITNESS my hand and the seal of this Court at Iowa City, Johnson County, State of Iowa this ,257"day of fYlarc-i , 2011. LODEMA BERKLEY Lodema Berkley, Clerk designee TAMIOIIINGER END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE•PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540•(319)356-6030 PLAINTIFF: UNIVERSITY OF IOWA COMMUNIT Docket No 11-01754 State IOWA vs. Court No EQCV073135 County JOHNSON DEFENDANT: WANG, WILLIAM X Ref No I Received 03/31/2011 DEFENDANT: WANG, MIA N DEFENDANT: PARTIES IN POSSESSION o DEFENDANT: BUD MAAS CONCRETE, INC 5n --t-i DEFENDANT: CROWN ELECTRIC, INC >--173 —• DEFENDANT: MARTIN, ANDREW -n w DEFENDANT: MARTIN, PHOEBE :{F —v m DEFENDANT: FISHER UNDERGROUND CONSTR .G- DEFENDANT: CITY OF IOWA CITY cn Requestor(s) Phone RAIBER, CRYSTAL K. (319)351-1056 1402 WILLOW CREEK CT , PO BOX 1757, IOWA CITY, IA 5 Name ICITY OF IOWA CITY Zone I Party Type(DEFENDANT Phone � Fax Address C/O MARIAN KARR AS CITY CLERK 410 E WASHINGTON ST IOWA CITY IA 152240- E-Mail Employer Comments I MNI Information Race Sex Birth Date Age Hair Height Weight SSN Eyes Skin Notes Documents Document Serve by Date OE PSR Description/Special Instructions ORIGINAL NOTICE AND ❑ ❑ I PETITION Service Information ?. � Date .ZI I Time 6 � Type C 's‘-‘•?.`Jr Party /rPf Q;f> �--C(r /' Relationship C' C "Rf/N f` Race Sex r DOB Location \o r` l6,3j A,► 43 Miles Fee Officer Printed:Thursday,March 31,2011 Johnson County Sheriffs Office Page 1 of 2 CIVIL PROCESS vvORKSHEET JOHNSON COUNTY SHERIFFS OFFICE• PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319)356-6030 Attempts Log Date Time Server Notes Date Time Server Notes -3-2 I )cV '2\ /V - Notes: • • CD — D� ,-< Ca �. m CA) Printed:Thursday,March 31,2011 Johnson County Sheriffs Office Page 2 of 2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. ECQ)/073/1 ) Plaintiff, vs. WILLIAM X. WANG; MIA WANG; BANK OF THE WEST; BANKERS TRUST COMPANY, N.A.; BUD MAAS CONCRETE, INC.; DESIGN SHOPPE D/B/A DESIGNSMITH; CROWN ELECTRIC, INC.; DESIGN STREET LLC.; ANDREW&PHOEBE MARTIN D/B/A MARTIN CONSTRUCTION; HILL MASONRY; FISHER UNDERGROUND CONSTRUCTION, INC.; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; CITY OF IOWA CITY, IOWA; LANDMARK FINANCIAL CORPORATION D/B/A LFC, _ INC.; GENERAL ELECTRIC CAPITAL CORPORATION; �' T LEAF FUNDING, INC.; KEN'S WELDING; PAWNEE LEASING CORPORATION; PUGET SOUND LEASING; r--- BANC OF AMERICA LEASING & CAPITAL, LLC; DISCOVER BANK; AMERICAN EXPRESS TRAVEL Z-72.7<;i7-1_ RELATED SERVICES, INC. A/K/A AMERICAN == • EXPRESSBANK FSB A/K/A AMERICAN EXPRESS; FIA " cn CARD SERVICES N.A.; CAPITAL ONE BANK (USA), N.A.; CHASE BANK USA, N.A.; AND ALL PARTIES IN POSSESION OF THE REAL PROPERTY LOCATED AT 829 KIRKWOOD AVE, IOWA CITY, IA; Defendants. ORIGINAL NOTICE TO THE ABOVE-NAMED DEFENDANT(S): WILLIAM X. WANG; MIA WANG; BANK OF THE WEST; BANKERS TRUST COMPANY, N.A.; BUD MAAS CONCRETE, INC.; DESIGN SHOPPE D/B/A DESIGNSMITH; CROWN ELECTRIC, INC.; DESIGN STREET LLC.; ANDREW& PHOEBE MARTIN DB/A MARTIN CONSTRUCTION; HILL MASONRY; FISHER UNDERGROUND CONSTRUCTION, INC.; CITY OF IOWA CITY,IOWA; LANDMARK FINANCIAL CORPORATION D/B/A LFC, INC.; GENERAL ELECTRIC CAPITAL CORPORATION; LEAF FUNDING,INC.; KEN'S WELDING; PAWNEE 1 S:1Clients\UICCU\LEGAL MATTERS\Wang,William\Foreclosure\Pleadings\3-2-11 Original Notice(non-State-non-IRS).doc LC .' C rY) (Cove r c'-?1 fl CM 1'ii a nc� LEASING CORPORATION; PUGET SOUND LEASING; BANC OF AMERICA LEASING & CAPITAL, LLC; DISCOVER BANK; AMERICAN EXPRESS TRAVEL RELATED SERVICES,INC. A/K/A AMERICAN EXPRESSBANK FSB A/K/A AMERICAN EXPRESS; FIA CARD SERVICES N.A.; CAPITAL ONE BANK(USA), N.A.; CHASE BANK USA,N.A.; AND ALL PARTIES IN POSSESION OF THE REAL PROPERTY LOCATED AT 829 KIRKWOOD AVE,IOWA CITY, IA; 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 names and addresses of the attorneys for the plaintiff(s) are Lynch, Greenleaf& Michael, LLP by Robert S. Michael and Crystal K. Raiber. The attorneys'phone number is (319) 351-1056; facsimile number: (319) 338-6834. You must serve a motion or answer within 20 days after service of this original notice upon you, and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, 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 disability, immediately call your district ADA coordinator at 319-398-3920 Ext 1100 . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) (SEAL) %jL,EMA BERKLE k bt)el-r\-4)462/ CLERK OF GiOURT JOHNSON County Courthouse Iowa City, Iowa IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS . ra c=, Vic? .....P .< w w 2 S:1Clients\UICCU\LEGAL MATTERS\Wang,William\Foreclosure\Pleadings13-2-11 Original Notice(non-State-non-IRS).doc IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2 Plaintiff NO. v O 7J/2 vs. WILLIAM X. WANG; MIA WANG; BANK OF THE WEST; BANKERS TRUST COMPANY, r~ ` ' N.A.; BUD MAAS CONCRETE, INC.;DESIGN SHOPPE _--- D/B/A DESIGNSMITH; CROWN ELECTRIC, INC.; DESIGN STREET LLC.; ANDREW &PHOEBE MARTIN DB/A MARTIN CONSTRUCTION; HILL MASONRY; �~ FISHER UNDERGROUND CONSTRUCTION, INC.; „^ STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; _c 0_ UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; CITY OF IOWA CITY, IOWA; LANDMARK FINANCIAL CORPORATI,ON D/B/A LFC, INC.; GENERAL ELECTRIC CAPITAL CORPORATION; LEAF FUNDING, INC.; KEN'S WELDING; PAWNEE o LEASING CORPORATION; PUGET SOUND LEASING; "` 11 BANC OF AMERICA LEASING&CAPITAL, LLC; z' .._. DISCOVER BANK; AMERICAN EXPRESS TRAVEL �" `''— RELATED SERVICES, INC. A/K/A AMERICAN :<(-1(-)71 -o I EXPRESSBANK FSB A/K/A AMERICAN EXPRESS; FIApc 0 CARD SERVICES N.A.; CAPITAL ONE BANK(USA), N.A.; " c: CHASE BANK USA, N.A.; AND ALL PARTIES IN cry POSSESION OF THE REAL PROPERTY LOCATED AT 829 KIRKWOOD AVE, IOWA CITY, IA; Defendants. PETITION IN EQUITY COMES NOW, the Plaintiff University of Iowa Community Credit Union, by and through its attorneys, Robert S. Michael and Crystal K. Raiber, of Lynch, Greenleaf&Michael, L.L.P., and for its Petition in Equity, states as follows: S:\Clients\UICCU\LEGAL MATTERS\Wang,William\Foreclosure\Pleadings\1-21-11 Petition.docx 1. Plaintiff is a credit union lawfully doing business with its principal place of business in Iowa City, Johnson County, Iowa. 2. The last known address of Defendants William X. Wang and Mia Wang is 829 Kirkwood Ave, Iowa City, Iowa. 3. The Defendants, William X. Wang and Mia Wang are a married couple, and are residents of Iowa. 4. On or about June 25, 2005, Defendant William X. Wang made, executed and delivered a Variable Rate Mortgage Note(hereinafter "Note") to Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit"1". The Note is in the principal sum of Three Hundred Eighty Seven Thousand Dollars ($387,000.00). The interest rate of the Note is 5.50%. The Note provides for payment of monthly installments of principal and interest, with full balance due on July 1, 2035. 5. To secure the Note, Defendants William X. Wang and Mia Wang on or about June 25, 2005 made, executed and delivered to Plaintiff a written Closed End Mortgage and Variable Rate Rider(hereinafter "Mortgage") creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein,marked Exhibit "2". Said mortgage covers the property located at 829 Kirkwood Ave., Iowa City, Iowa 52240, which is the following described real property in Johnson County, Iowa: Lots 3,4, 5,6,in Block 1,in Lucas'Addition to Iowa City,Iowa,according to the recorded plat thereof, excepting the South 132 feet of said Lots 5 and 6 This Mortgage was duly filed for record on July 7, 2005, in Book 3903, pages 543-546 in }le records of the Recorder for Johnson County, Iowa. -4 7v 6. Defendant William X. Wang is the owner and holder of said real estate. �'' �n r � ..<r r-- cn 2S:\Clients\UICCUIL.EGAL MATTERS\Wang,William\Forecloswe\pl dings\1-21-11 Petition.docx 7. Defendants William X. Wang and Mia Wang are now delinquent in their payments on said Note and Mortgage. 8. United States of America, Internal Revenue Service is added as a defendant herein because it may claim some right, title or interest in the property which is the subject of this action pursuant to two federal tax liens. The first against William X. Wang, 829 Kirkwood Ave., Iowa City, Iowa 52240-3313 dated February 11, 2010, in Chicago, IL, and filed with the Johnson County Recorder, Johnson Courthouse, Iowa City, IA 52240-4207, on February 19, 2010 in Book 4558, Page 347. The second against William X. Wang, 829 Kirkwood Ave., Iowa City, Iowa 52240-3313 dated February 17, 2010, in Chicago, IL, and filed with the Johnson County Recorder, Johnson Courthouse, Iowa City, IA 52240-4207, on February 26, 2010 in Book 4560, Page 254, but any interest of the Internal Revenue Service pursuant to said tax liens would be junior and inferior to that of the Plaintiff. 9. State of Iowa, Iowa Department of Revenue is added as a defendant herein because it may claim some right, title or interest in the property which is the subject of this action pursuant to four tax liens. The first dated March 26, 2009 against William X. Wang and Mia Wang, recorded on March 27, 2009 in Book 4413 page 437 in the records of the Johnson County Recorder. The second, third, and fourth all dated July 9, 2009, against William X. Wang(responsible party for Pharmacom Microelectronic Inc.) and all recorded July 10, 2009 in Book 4473, Page 817, Book 4473, Page 818, and Book 4473, Page 819, respectively, in the records of the Johnson County Recorder, but any interest of the Iowa Department of Revenue pursuant to said tax liens Auld be junior and inferior to that of the Plaintiff. i1 10. Bank of the West is added as a defendant herein because they may claim som ghtet, Itle t' M or interest in the property which is the subject of this action pursuant to two mortga -Aatrd-o 0 ui 3 S:\Clients\UICCU\LEGAL MATTERS\Wang,William\Foreclosure\Pleadings11-21-11 Petition.docx • July 12, 2006 and the first recorded August 21, 2006 in Book 4072, Page 189 (a release later filed listed the incorrect Book number), and a second mortgage recorded February 20, 2007 in Book 4130, Page 920 in the records of the Johnson County Recorder, but any interest of such defendant would be junior and inferior to that of Plaintiff. 11. Bankers Trust Company, N.A. is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a mortgage dated August 27, 2007 and recorded September 14, 2007 in Book 4216,page 581 of the Records of the Johnson County recorder, and a second mortgage dated October 26, 2007 and recorded November 5, 2007 in Book 4232,Page 892,but any interest of such defendant would be junior and inferior to that of Plaintiff. 12. Bud Maas Concrete, Inc. is added as a defendant herein because it may claim an interest in and to the subject real estate by virtue of a Mechanic's Lien dated May 5, 2008, and recorded May 8, 2008, Document No. LNLN008794. 13. Design Shoppe d/b/a Designsmith is added as a defendant herein because it may claim an interest in and to the subject real estate by virtue of a Mechanic's Lien dated May 15, 2008, and recorded May 16,2008, Document No. LNLN008804. 14. Crown Electric, Inc. is added as a defendant herein because it may claim an interest in and to the subject real estate by virtue of a Mechanic's Lien dated May 20, 2008, and recorded May 20, 2008, Document No. LNLN008810, and a mechanic's lien dated September 15, 2008 and recorded September 16, 2008, Document No. LNLN008926. 15. Design Street LLC is added as a defendant herein because it may claim an interests and to the subject real estate by virtue of a Mechanic's Lien dated May 19, 2008, and egeyrdetI June-- 23, 2008, Document No. LNLN008848. t"-t --t c•) - =.<�; rn 4 S:\Clients\UICCU\LEGAL MATTERS\Wang,William\Foreclosure\Pl dings\1-21-11 Petition.docx CJI W • 16. Andrew &Phoebe Martin d/b/a Martin Construction is added as a defendant herein because it may claim an interest in and to the subject real estate by virtue of a Mechanic's Lien dated July 8, 2008, and recorded July 8, 2008, Document No. LNLN008858. 17. Hill Masonry is added as a defendant herein because it may claim an interest in and to the subject real estate by virtue of a Mechanic's Lien dated August 8, 2008, and recorded August 8, 2008, Document No. LNLN008881. 18. Fisher Underground Construction, Inc. is added as a defendant herein because it may claim an interest in and to the subject real estate by virtue of a Mechanic's Lien dated August 14, 2008, and recorded August 14, 2008,Document No. LNLN008896. 19. Landmark Financial Corporation d/b/a LFC, Inc. is added as a defendant herein because they may claim some right,title or interest in the property which is the subject of this action pursuant to a foreign judgment against William X. Wang in Case No. CVCV070164, but any interest of such defendants would be junior and inferior to that of Plaintiff. 20. General Electric Capital Corporation is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV070086, but any interest of such defendants would be junior and inferior to that of Plaintiff. 21. Leaf Funding, Inc. is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV070023, but any interest of such defendants would be junior and inferior to that of Plaintiff. 22. Ken's Welding is added as a defendant herein because they may claim some-nght, trite or interest in the property which is the subject of this action pursuant to a judgment li j gment aga`>�1s�iW�iam - 7<f:;; -v ill 5X 0 S:\Clients\UICCU\L.EGAL MATTERS\Wang,William\Foreclosure\Pleadings\1-21-11 Petition.docx ~' r C17 W • X. Wang in Case No. SCSC073058, but any interest of such defendants would be junior and inferior to that of Plaintiff. 23. Pawnee Leasing Corporation is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV069902, but any interest of such defendants would be junior and inferior to that of Plaintiff. 24. Puget Sound Leasing is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a foreign judgment against William X. Wang in Case No. CVCV070833, but any interest of such defendants would be junior and inferior to that of Plaintiff. 25. Banc of America Leasing&Capital, LLC is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV070836, but any interest of such defendants would be junior and inferior to that of Plaintiff. 26. Discover Bank is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV070665,but any interest of such defendants would be junior and inferior to that of Plaintiff. 27. American Express Travel Related Services, Inc. a/k/a American ExpressBank FSB a/k/a American Express is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV070631, but any interest of such defendants would be junior and inferior to that of Plaintiff. t7"< ca m S:1Clients\UICCUILEGAL MATTERS\Wang,William\Foreclosure1P1 dings11-21-11 Petition.docx �_ w 28. FIA Card Services N. A. is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV070930, but any interest of such defendants would be junior and inferior to that of Plaintiff 29. Capital One Bank(USA), N.A. is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. SCSC075738,but any interest of such defendants would be junior and inferior to that of Plaintiff. 30. Chase Bank USA,N.A. is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case No. LACV071975, but any interest of such defendants would be junior and inferior to that of Plaintiff. 31. City of Iowa City, Iowa is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment against William X. Wang in Case Nos. CISC072282, CISC072283, and CISC072284, but any interest of such defendants would be junior and inferior to that of Plaintiff. 32. Any and all unknown parties in possession of the real property located at 829 Kirkwood Ave, Iowa City, Iowa, which is the above described real estate, are added as defendants herein because they may claim some right, title or interest in the property which is the subject of this action, but any interest of such defendants would be junior and inferior to that of Plaintiff. 33. The Mortgage provides in the event of default that Plaintiff may procure a continuation of the abstract, obtain insurance for the property,pay taxes on the property,pay assesents,-and 3>--q z m rn � 7 ,r• L7 S:\Clients\UICCU\LEGALMATI'ERS\Wang,William\Foreclosure\Pleadings\1-21-I1 Petition.docx Cll add such amounts to the Mortgage debt. These amounts become a part of the Mortgage indebtedness and are secured by the Mortgages. 34. Plaintiff is the owner and holder of said Note and Mortgage. 35. In accordance with the provisions of said Note and Mortgage, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 36. Said Mortgage provide that if default shall be made in the payment of said Note or any part of the interest thereon, the Mortgage may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgage. 37. That the Defendants, nor any of them, are or have been at anytime during the preceding six (6) months members of any of the Armed Forces of the United States of America and are not entitled in any way or manner to the benefit or relief provided by the Servicemembers Civil Relief Act. 38. Plaintiff waives its rights to a deficiency judgment in this matter. 39. Plaintiff's mortgage is superior and paramount to all interests of all Defendants in the real estate, and any interest of any Defendant in the real estate is subject to Plaintiff's above- described mortgage. 40. After crediting the amounts paid on said Note and Mortgage there is now due and owing Plaintiff from Defendants William X. Wang and Mia Wang: A. An unpaid principal balance as of February 17, 2011, of$392,775.65, which includes $28,593.00 paid to redeem the real estate from tax sale, and$4,094.00 for homeowner's insurance. B. Interest and late fees as provided in the Note, on the unpaid principal balance to Fehivary 17, 2011, in the amount of$10,220.99. o -1 7v --,C — r 8 rn S:1ClientS\UICCCJILEGAL MATTERS\Wang,William\Foreclosuro\Pleadings\i-21-11 Pernion.docx 6 O CA) C. Interest as provided in the Note, on the unpaid principal balance as of February 17, 2011, to date of filing herein, which interest currently accrues at the rate of 5.50%per annum in the amount of$59.185 per day. WHEREFORE, Plaintiff prays for judgment against Defendants William X. Wang and Mia Wang and for judgment in rem against all of the Defendants and the above described real estate and William X. Wang and Mia Wang for$402,996.64, together with interest on the $392,775.65 principal portion thereof at the rate of 5.50%percent per annum from February 17, 2011, to date of filing of this petition, plus taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgage be established as a first and prior lien against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgage be foreclosed and all claims, rights, title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, except as otherwise stated in this Petition, and that the right, title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment, together with interest, costs, and accruing costs, taxes, assessments, insurance and abstracting fees, to satisfy the judgment to be entered herein. PLAINTIFF FURTHER PRAYS that pursuant to the mortgage document and Iowa Code, CIthe period of redemption be reduced to sixty days from the date of the sale in the—Svent t—re .rte i+Y T mortgagors abandon the real estate, and the period of redemption be reduced to ws.. or s froyi"' ..�c, — I `' M 9 0 S:\Clients\UICCU\LEGALMATTERS\Wang,WilliamWoreclosure1Pleadings\1-21-11 Petition.docx D CJ1 CA) the date of the sale in the event the mortgaged real estate is their residence, and hereby waives any right to a deficiency judgment against Defendants which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the mortgaged premises. PLAINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for attorney fees, assessments, abstracting fees, taxes or insurance upon the above described real estate, Plaintiff be given an additional lien against the real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon further application by Plaintiff a receiver be appointed to take charge of the mortgaged premises at once and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of plaintiffs judgment. PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. LYNCH, 41101, • i • L, L.L.P. By � R• % -- •el#AT0005259 By .4 /tal K. Raiber :#AT0009768 1402 Wil ow Creek Court/POB 1757 Iowa City, Iowa 52244 (319) 30-1056 (319) 8-683 FA crystal@lg vy .corn receptionist@l l wyos.co.�._ ATTORNEYS FOR UNIVERSI3DF7OW COMMUNITY CIT 1IIIO 10 S:\Clients\UICCU\LEGAL MATTERS\Wang,WilliamWoreclosure\Pleadings\1-21-11 Petition.docx T' C.71 CO VARIABLE RATE MORTGAGE NOTE (Six Month Federal Bill Index-Rate ) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES INreasury MY INTEREST RATE ANDS MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. 06/25/05 Iowa City Iowa • (City) (State) 829 Kirkwood Ave . Iowe City , IA 52240 • (Property Address) • 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$ 3 8 7 . 0 0 0 . 00 (this amount is called'principal'),plus interest,to the order of the Lender. The Lender is the University of Iowa Community Credit Union,a/k/a U of I Community Credit Union. 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 5 . 500%. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described In Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on August 1 2 0 0 5 . I will make these payments on the first day of every month thereafter until I have paid all of the principal and interest and any other charges described below that may owe under this Note. My payments will be applied to interest before principal. If,on 0 7/0 1/3 5 ,I still owe amounts under this Note,I will pay those amounts in full on that date,which is caned the'maturity date'. I will make my monthly payments at 500 Iowa Ave,PO Box 2240,Iowa City,Iowa,52244-2240,or at a different place If required by the Note Holder. (B)Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$ 2 , 1 9 7 . 3 4 . This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENTS CHANGES (A)Change Dates The interest rate I will pay may change on the first day of July 2012 ,and on that day every 12th month thereafter. Each date on which my interest rate could change is called a'Change Date'. (B)The Index The Annual Percentage Rate(the"Interest rate')may increase during the term of this transaction. Beginning with the first Change Date, my interest rate will be based on an Index. The Index is the average of the Six Month Federal Treasury Bill auction rates for the previous three months,rounded to the nearest 1/4%. The Annual Percentage Rate on existing balances will change on the Change Date,subject to annual and lifetime interest rate limits described in paragraph 4(D). Any increase in the interest rate will result in payments of a higher amount. If the Index is no longer available,the Note Holder will choose a new index which Is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes On each Change Date,the Note Holder will calculate my new interest rate by adding Three percentage points ( 3 . 0 0 0 %)to the current Index. Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. D)Limits On Interest Rate Changes The to ay at first Thereafter,my interest terest rate I am required w l neer be increased or decreased on e Date will single rChange Date by more than 2 . 000 less than 0 0 0 %from the rate of interest I have been paying for the preceeding twelve months. If the interest rate is increased on any single Change Date,the amount of change will never be less than 0.25%from the rate of interest I have been paying for the preceeding twelve months. My interest rate will never be greater than 1 1 5 0 0 %. My interest rate will never be less than 5 . 0 0 0_%. (E)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)(Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before a payment at the new level is due. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due after payment of accrued interest. A payment of principal only is known as a'prepayment'. When I make a prepayment,I will,tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments withoutpayin g.any,prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that 1(Ave underthis Note, If I make a partial prepayment there will be no changes in the due dates of my monthly payments unless the Note Holder In Mitt*tb thdpartial My prepayment may reduce the amount of my monthly payments after the first Change Date following my partial P(epaytnent. However,any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,Is,finally interpreted to so that the interest or other loan charges collected or to be collected in connection With this loan exceed permitted limits;then• Many such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits;and (n)any.sums already dolected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing t principal I owe under this Note or by making a direct payment to me. If a refund reduces principal,the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ten(10)calendar days after the date it is due,I will pay a late charge to the Note Holder. The amount of the charge will be 0.0%of my overdue payment of principal and interest or that amount which Is legally permissible under Iowa law. 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 plus anaddijj¢nal amount '71 necessary to reduce the principal to the amount required by the amortization contemplated by this note,the Note Holder may fsglJiy meJojpay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. If I do not pay the lull amqquuept so requested within 30 days of delivery or mailing said notice,the Note Holder may accelerate the required note and require me fo,pay immeolately the full amount of principal which had not been paid and all the interest that I owe on that amount. (D)No Waiver By Note Holder r ven if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above;.thl..NQte Hof:ier M will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described as above,the Note Holder will have the right to bepeid baclrby 1� me for all of Its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses inclube,for example, reasonable attorneys'fees and costs of continuing or procuring an abstract of title. y' C_l1 C—) 6/9/98 -1- 1, .1 E)61%. 1 I 8. GIVING OF NOTICES Unless applicable law requires.a different method,any notice that.mustbe given tome under this Note will be given by delivering it or by mailing-it by first class mail to me at the address under my signature below or at a different address if t give the Note Holder notice of my different address. Any notice that must be given-to the Note Holder under this Note wilibe.givenby.mailin it by first-class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a,notice of that different address. 9. OBLIGATIONS OF-PERSONS UNDER THIS NOTE if more than oneperson signs this Note,•each person is fully-and personally obligated to keep all of the promises made In this Note, . including the promise toapay the full'amount owed: Any person who Is a guarantoj'suretyor endorser-of this Note is also obligated to do these things. Any person•who takes over these obligations,including the+obligaboiis of a.guaraptor,surety or endorser of this Note,is also obligated to keep all of the promisesmadein this Note. The-Note Holder may enforce Its,rightseinder this-Nate against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. PRINCIPAL RESIDENCE Borrower(s)agree that the BORROWER$STATEMENT UNDER OATH,COVENANTAND,INDUCEMENT AGREEMENT,attached hereto,is Incorporated In Its entirety in this Note.. 11. 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 payments of amounts due. Islotice of dishonor'means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. _ 12. 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.rSecurity;Instrument'),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: A. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower Is sold or transferred and Borrower is not a natural person)wi hout Note Holder's prior written consent, Note Holder may,at its option,require immediate payment In full of all sums secured by this Security Instrument. B. Principal Residence. If I breach paragraph 10 of this Note,Note Holder may,at its option,require immediate payment in full of all sums secured by the Security Instrument. The Note and Mortgage may be amended by mutual consent of Note Holder and Borrower. 13. ENFORCEABILITY If any term in this Note or the mortgage securing this Note violates any law or for some other reason is not enforceable,that term will not be a part of this note. However,the other terms of this Note will remain effective. This Note is subject to Iowa law and any applicable federal law. If enactment or expiration of applicable laws has the effect of rendering any provision of this Note or the mortgage securing this Note unenforceable according to its terms,Note Holder,at its option,may require.immediate payment in full of all sums loaned in connection with this Note. WITNESS THE HAND(S) 'i_SEAL S OF THE UNDERSIGNED. CEThc(h0 Borrower W i 1 11 am X Wang Borrower 829 Kirkwood Ave 829 Kirkwood AvP Address Address Iowa City IA 52240 Iowa City IA 52240 N G n33. rn >--•1 �rJ Qa-.. C)-< W n m .L- 7> c-D ut W 6/9/98 -2- • 11111111111111111111 Rscord:d: 07 07/2005 4 tr03:02:G27i PM • Fee Amt: $22.00 Paae 1 of 4 Johnson County Iowa Kim Painter County Recorder • a<39O3 Po543 546 Prepared by:D e a n n a Emerson Loan Number: University of Iowa Community Credit Union,825 Morrtian Trek Blvd.,P.O.Box 2630,Iowa City,Iowa 52244-2630,(319)341-2125 Address Tax Statement:W i 1 1 i a m X Wang 829 Kirkwood Ave . Iowa City . IA 52240 IOWA MORTGAGE CLOSED END-ALL FIRST MORTGAGES THIS INDENTURE made thisT went y F i f t h day of June 2 0 0 5 between Will i am x Wang and Mia Wang, husband & wife Mortgagor(s),. whose address is:8 2 9 Kirkwood Ave . Iowa C l t y, I A 5 2 2 4 0 and the UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,a/k/a U OF I COMMUNITY CREDIT UNION,Mortgagee, having its principal place of business at 500 Iowa Avenue,Iowa City,Iowa,WITNESSETH: That the said MoAgagor(s)In consideration ofT h r e e Hundred Eighty Seven Thousand DOLLARS ($ 3 8 7 , 0 0 0 .0 0 ) loaned by Mortgagee, received by Mortgagor(s) and evidenced by the promissory note(s) hereinafter referred to,do,by these presents SELL, CONVEY,AND MORTGAGE, unto the said Mortgagee the following described real estate situated In the County of Johnson ,State of Iowa,to-wit: Lots 3 ,4 . 5 . 6 , in Block 1 . in Lucas ' Addition to Iowa City, Iowa . according to the recorded plat thereofexcepting the south 132 feet of said Lots 5 and 6 • • • which has the address of 529 Kirkwood Ave Iowa City Iowa 52240 Street City State Zip together with all personal properly that may Integrally belong to,or.be,or hereafter become an integral part of said real estate,and whether attached or detached,and hereby granting,conveying,and mortgaging also all of the easements,servient estates appurtenant thereto,rents issues,uses,profits,and right of possession of said real estate,and all crops raised thereon from now until the debt secured thereby shall be paid in full. As to any such personal property or fixtures,or both,a Security Interest hereby attaches thereto,as provided by the Uniform Commercial Code, This mortgage secures the payment of the loan made by Mortgagee to Mortgagor(s)which is evidenced bye note dated this date,in the amount of$ 3 8 7 . 0 0 0 . 0 0 with a due date of 0 7/0 1 /3 5along with any renewals, extensions,modifications,or refinancing thereof and any notes Issued in substitution therefor;and any additional loans and advances for any purpose whatsoever which hereafter may be'made by the Mortgagee to the Mortgagor(s),or any Mortgagor if there is more than one,which shall have the same priority and privileges as if made on this date;and any advances made by Mortgagee for the purpose of protecting its mortgage and security interest in the above described property. This paragraph does not constitute a commitment to make additional loans in any amount. Said Mortgagor(s) hereby covenant with Mortgagee, or successor in Interest, that said Mortgagor(s) hold said real estate by title in fee simple;that they have good and lawful lauthority to sell,convey,and mortgage the same;that said premises are Free and Clear of all Liens and Encumbrances whatsoever exceptas may be above stated;and said Mortgagor(s)Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever,except as may be above stated. Each of the undersigned hereby relinquishes'all rights of dower,homestead,and distributive share In and to the above-described premises, and waives any rights of exemption,as to any of said property. CONDITIONED, HOWEVER,that if Mortgagor(s)shall pay,or cause to be paid to U of I Community Credit Union,500 Iowa Avenue/P.O. Box 2240,Iowa City,Iowa 52244,its successors or assigns,at such place as designated by the promissory note(s),of even date e,.•with given by Mortgagor(s)to U oft Community Credit Union,of Iowa CityIowa,or at such place as the owner of such promissonote(=hall designate from time to time, the sum of Three Hundry red Eighty Seven Thousand DOLLARS($ 3 8 7 . 0 0 0 . 0 0 ),in legal tender In payment of all debts and dues,public and pat the:3ime of payment, payable as provided In said promissory note(s), with final payment due thereon, on or before the 1 s v �y of Y^ �' J u 1 y , 2 0 3 5 ,unless otherwise extended with Interest as provided therein,and shall ber(Dsm the. her provisions hereof, then these presents shall be void, and Mortgagee shall release said real estate at the expense of,tae Mortg gggppr(s) otherwise to remain in full force and effect. All payments received by the Mortgagee shall first be applied to protectivedv aance"ender paragraph No.11,then to late charges,and then to unpaid interest,and lastly,unpaid principal. _ I 7 3 r 1 1. TAXES:Mortgagor(s)shall pay each installment of all taxes and special assessments of every kind,now or heraaft CYevied,: "..� against said property,or anyart thereof,before same become delinquent,without notice or demand;and shall procure anel-deliver to said Mortgagee,on or before the fifteenth day following due date of each installment,duplicate receipts of the proper officers for,Te paymee?f a such taxes and assessments then due. EX/fit* • 2. INSURANCE:Mortgagor(s)shall keep in force insurance,premiums therefor to be prepaid without notice of demand,against loss by fire,tornado,and other hazards,casualties,and contingencies as Mortgagee may require on personal property,as herein referred to, and on all buildings and improvements on said premises in companies to be approved by Mortgagee in an amount not less than the full insurable value of such personal property and Improvements,or not less than the unpaid balance herein,whichever amount is smaller,with such insurance payable to Mortgagor(s) and Mortgagee, as their interests may appear. In the event of a loss, Mortgagor(s) will give immediate notice by mail to the Mortgagee,who may make proof of loss to the insurance company,and the insurance proceeds, at the option of the Mortgagee, shall be received by Mortgagee and applied towards payment of this mortgage. Mortgagor(s) shalt promptly deposit such policies with proper riders with the Mortgagee. Also,if required,the Mortgagor(s)agree to secure and maintain the maximum amount of flood insurance required in compliance with the Flood Disaster Protection Act of 1973, and to furnish such policies to'the Mortgagee with the Insurance payable to the Mortgagee. 3. REPAIRS TO PROPERTY:Mortgagor(s) and condition,as same may now be,or are hereaftter placed,keephall the ordinary wearl an ds atearnd oonly excepted;and sharovements on ll not suffer or commitwas repair or to said security. 4. COMPLIANCE WITH LAW:Mortgagor(s)shall comply with all present and future laws,regulations,and ordinances affecting the mortgaged property. 5. CONDEMNATION:All compensation awarded for any damages in connection with a condemnation proceeding for any part of the mortgaged property shall be paid directly to the Mortgagee and applied to the mortgage note. 6. mortgage noJOINT sNcDu ed V ERA mL LIABILITY:eM rtgag of s)thisgree to be be andlyland se everally liable for the indebtedness evidenced by the for the purpose of releasing dower or distributive share but also for the express purpose ooff creating bpers spouse of the ownere spouseis not only indebtedness. personal liability of the for the 7. PRINCIPAL RESIDENCE:Mortgagor(s)agree that Paragraph 10 orthe Promissory Note(s)of even date herewith,given by the Mortgagor(s)to the University of Iowa Community Credit Union,regarding the use of property which is the subject of this Mortgage as a principal residence, is incorporated into this Mortgage. A breach of Paragraph 10 of said note(s)constitutes a default of this Mortgage,that shall entitle the Mortgagee,its successors or assigns,to exercise the remedies as set forth in paragraph No. 12 of this Mortgage. The Note and Mortgage may be amended by mutual consent of Mortgagor(s)and Mortgagee. 8. RESTRICTIONS ON TRANSFER:Mortgagor(s)agree that In the event they shall in any manner transfer the title to any portion of the mortgages premises, whether by deed, real estate contract, or otherwise, or In the event any interest in it is Sold or transferred(or if a beneficial Interest In Mortgagors)is sold or transferred and Mortgagor is riot a natural person),that the whole unpaid balance of the obligation secured hereby shall become immediately due and payable at the option of Mortgagees; and,Mortgagor(s) agree that they shall give Mortgagee no less than ten(10)days'advance written notice prior to making any such transfer. If Mortgagee exercises the option to require Immediate.payment in full, Mortgagee shall give Mortgagors)notice of acceleration. The office shall provide a period of not less than thirty(30)days from the data the notice is delivered or mailed withfn which Mortgagor(s)must pay all sums secured by this Mortgage. If Mortgagor(s)fails to pay these sums prior to the expiration of this period,Mortgagee may invoke any remedies permitted by this mortgage without further notice or demand on Mortgagor(s). 9. ENFORCEABILITY:If any term In this mortgage not enforceable, that term will not be a part of this mortgaertHowe However, thehe othertheote ercterms ofured rthisv ortgageiolates ywillvror for emainseffectve. If is enactment or expiration of applicable laws has the effect of rendering any provision of this mortgage or the mortgage note secured hereby unenforceainvoke ble according to its terms,Mortgagee,at its option,may require immediate payment in full of all sums secured by this full, mortgage ortgagee shall give Mortgagors noticremedies e of ccelered s on,ithis n manner described Mortgagee in Paragraph 8ption to require Immediate payment in 10. NON-WAIVER:Any forbearance by Mortgagee in exercising any right or remedy allowed for by the mortgage or mortgage note secured hereby shall not be a waiver of or preclude the exercise of any right or remedy. 11. ADVANCES OPTIONAL WITH MORTGAGEE:It is expressly understood and agreed that if the insurance above provided for is not promptly effected,or if the taxes or special assessments assessed against said property shall become delinquent,Mortgagee (whether electing to declare the whole mortgage due and collectible or not),may(but need not)effect the Insurance above provided for, and need not, but may and is hereby authorized to pay said taxes and special assessments(Irregularities in the levy or assessment of said taxes being expressly waived),and all such payments with interest thereon at the highest legal rate applicable to a natural person(or, if the Mortgagor is a corporation,then at the default rate provided In the note seucred hereby)from time of payment shall be a lien against said premises. 12. ACCELERATION OF MATURITY AND RECEIVERSHIP:And it is agreed that if default shall be made in the payment of said note(s),or any part of the Interest thereon,or any other advance or obligation which may be secured hereby or any agreed protective disbursement, such as taxes,special assessments,insurance,and repairs,or If Mortgagor(s)shall suffer or commit waste on or to said security,or if there shall be a failure to comply with any and every condition of this mortgage, including Paragraph 10 of the note(s)of even date herewith and described in Paragraph 7 of this Mortgage,then,at the option of the Mortgagee,said note and the whole of the indebtedness secured by this mortgage,including all payments for taxes,assessments,or insurance premiums,shall become due and shall become collectible by foreclosure or otherwise after such default or failure, Mortgagee shall give notice to Mortgagor(s)prior to acceleration(except for acceleration under paragraphs Nos.B or 9). The notice shall specify(a)default;(b)the action required to cure the default;(c)a date,not less than thirty(30)days from the date the notice is given to Mortgagor(s),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 the Mortgage, foreclosure by Judicial proceeding and sale of the property. If the default is not cured by the date specified In the notice, Mortgagee,at its option,may require Immediate payment in full of all sums secured by this mortgage without further demand and may collect the sums by foreclosing this mortgage by judicial proceeding or otherwise. Mortgagee shalt be entitled to collect all expenses Incurred In pursuing the remedies provided in this paragraph. Mortgagor consents to the appointment of a receiver for the property,at the option of the Mortgagee. 13. ATTotect ORNEY'S FEES:In case of any action,or in any proceedings in any court,to collect any sums payable or secured by this from gag ,to p gor(s)here lienchof tiit upon the herein fathe h a ortgagee property,Mortgagor(s)agree to pay reasonable attorney fees. 14. CONTINUATION:OF ABSTRAtrzin event of any Mortgagee — Mortgagor(s),procure an abstract•oftrfe;Yb huatlon.thereof,for said premises, nd chargegand add to the may,at cosLt7f such abstract or continuation withinteiest uponsuch expense at the highest legal rate applicable to a natural person;or If tbefidottgagbr+s a corporation,then at the default rate provided in the note secured hereby. • -7 15. SHORTENED REDEMPTION PERIOD:It is further agreed that in the event of judicial foreclosure of thisbge,rthe V Mortgagee may,at its sole discretlon,.electto: r A. Reduce the period of redemption after judicial sale to six(6)months,if the property ` f waives in any foreclosure proceeding any right to a deficiencyagainst is less than ten(10)acres In size ltti rlon 62fl F i judgment against Mortgagor(s),pursuant to Iowa Code Sebpee 628 or B. Reduce the'period of redemption after judicial sale to sixty(60)days,If the property is less than ten(10)acres in size,Vo y., in arty foreclosure proceedings any right to a deficiency Judgment against Mortgagor(s),and the court finds that the r ogee been ,.,. abandoned by Mortgagor(s),pursuant to Iowa Code Section 628.27,or P 4perty has been C.Reduce the period of redemption after judicial sale to the time if (Jt reduce the period of redemption after Judicial sale to such time s period appliicaable or provided by law,rorny other Iowa Cod�to 2 • D. Foreclose without redemption after judicial sale if the property is not used for an agricultural purpose,pursuant to Iowa Code Section 654:20. • • 16. HAZARDOUS SUBSTANCES;Mortgagor(s)shall not allow the presence,use,disposal,storage or release on or in the property of any substance which has been defined by any federal,state,or local law or regulation as a toxic or hazardous substance,whicl includes, but is not limited to: gasoline, kerosene, flammable or toxic petroleum products, pesticides, herbicides, solvents, asbestos formamhlInvolvesde yde,the and radioactive materials. Mortgagor(s)shall promptly give Mortgagee written notice of any investigation, action, or clain properly and any toxic or hazardous substance or federal,state,or local law or regulation which relates to health,safet or environmental protection. Upon notice that remediation or removal of a toxic or hazardous substance is necessary, Mortgagor(s)sha promptly take all necessary remedial action. The Mortgagor(s)may use or store on the property small quantities of hazardous substance which are generally and reasonably recognized to be appropriate to normal residential use and maintenance of the property. 17. NOTICES:Any notice to Mortgagor(s)provided for in this Mortgage may be given when delivered or mailed by first class mail. The notice shall be directed to the address of the Mortgagor(s)stated on the face of this mortgage,unless Mortgagor(s)has designated different address by notice to Mortgagee. Any notice to Mortgagee shall be given by first class mail to University of Iowa Community Cred Union, 500 Iowa Avenue/P.O. Box 2240, Iowa City, Iowa 52244, unless Mortgagee has designated a different address by notice t Mortgagor(s). 18. DEFINITION OF TERMS:Unless otherwise expressly stated the word'Mortgagor(s)',as used herein,Includes successors it Interest of such'Mortgagor(s)';the'Mortgaggee',as used herein,unless otherwise expressly stated,includes the successors in Interest of such 'Mortgagee'. All words referring to'Mortgagor'or'Mortgagee'shall be construed to be of the appropriate gender and number, according to the context. This construction shat include the acknowledgment hereof. 19. WAIVER:I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF -- CREDITORS AND EXEMPT FROM JUDICIAL SALE AND BY SIGNING THIS CONTRACT I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION WITH THE RESPECT TO CLAIMS BASED UPON THIS CONTRACT. W i 1 i am X Wang Date Mia Wang Date 20. RIDERS TO THIS MORTGAGE:If one or more riders are executed by Mortgagor(s)and recorded together with this Mortgag the covenants and agreements of each such rider shall be incorporated Into and shall amend and supplement the covenants an; agreements of this Mortgage as if the rider(s)were a part of this Mortgage. [Check applicable space(s)]. X Variable Rate Rider Condominium Rider Other: 21. PURCHASE MONEY MORTGAGE: If indicated by a mark In the adjacent space,then this mortgage is a purchase money mortgage and Is entitled to priority as contained in Section 654.12B of the Code of Iowa,(1995),and any amendments thereto. IN WITNESS WHEREOF,said Mortgagor(s)have hereunto set their hands the day and year first written. • MORTGAGOR Wi11tarn ang MORTGAGOR Mia.iiang STATE OF Maine ) ss: COUNTY OF..o.,.csr On this 2 5 t h day of June 2 0 0 5 ,before me,the undersigned a Notary Public In anc for the State of•ME ,personally appearedW 1 1 1 1 a m X Wang to me known to be the Identical person named and who executed the foregoing instrument,and acknowledged that they executed the sam as their voluntary act and deed. / / • rf� Notary Public In an. or the State of Maine Commission Expires: TRACEY L.STEVENS Nviary f1rLt r Maine My Commission Expires At:gust 16,2005 ry _ o CD - j open rfi • 'gym `? O 's 3 � t • VARIABLE RATE RIDER (Six Month Federal Treasury Bill Index Rate Caps) University of Iowa Community Credit Union . 825 Mormon Trek Blvd, P.O.Box 2630 Iowa City,Iowa 52244-2630 THIS VARIABLE RATE RIDER is made this 25 t h day of June ,2 0 0 5 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage of the same date or earlier date given by the undersigned(the"Mortgagor(s)"and"Borrower(s)")to secure Borrower's Variable Rate Note(the"Note')to the University of Iowa Community Credit Union,a/k/a U of I Community Credit Union,its successors and/or assigns(the "Mortgagee"and"Note Holder")of the same date and covering the property described in the Mortgage and located at: 829 Ki rkwood Ave _Iowa City . IA 52240 (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE MORTGAGOR'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE MORTGAGOR MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Mortgage,Mortgagor and Mortgagee further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENTS CHANGES The Note provides for an initial interest rate of 5 . 5 0 0 %. The Note provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The interest rate I will pay may change on the first day of July 2012 , ,and on that day every 12th month thereafter. Each date on which my interest rate could change is called a'Change Date". (B)The Index The Annual Percentage Rate(the"interest rate')may increase during the term of this transaction. Beginning with the first Change Date,my interest rate will be based on an Index. The Index is the average of the six month Federal Treasury Bill auction rates for the previous three months,rounded to the nearest 1/4%. The Annual Percentage Rate on existing balances will change the first day of the Change Date,subject to annual and lifetime interest rate limits described in paragraph 4(D). Any increase in the interest rate will result in payments of a higher amount.If the Index is no longer available,the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes On each Change Date,the Note Holder will calculate my new interest rate by adding Thr e e percentage points( 3 . 0 0 0 %)to the current Index. Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits On Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.500 %or less than 5.000 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date,by more than 2 . 0 0 %from the rate of interest I have been paying for the preceding twelve months. If the interest rate is increased on any single Change Date,the amount of the change will never be less than 0.25%from the rate of interest I have been paying for the preceding twelve months. The interest rate will never be greater than 11 . 5 0 0 %.The interest rate will never be less than 5 . 00 0 %. (E)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly changes again. (F)Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before a payment at the new level is due. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. BY SIGNING BELOW,Mortgagor(s)accepts and agrees to the terms and covenants contained in this Variable Rate Rider. t4.7.P1. Borrower Will i a m X Wan Borrower Mia-Wang C) CJ mmom rn �f_ AFFIDAVIT RE COMPENSATION STATE OF IOWA, COUNTY OF JOHNSON, SS: We, Robert S. Michael and Crystal K. Raiber,being first duly sworn, under oath, depose and swear that we are the attorneys of record for the Plaintiff; that there is no contract, agreement or arrangement,either oral or written, expressed or implied, contemplating any division of compensation for the services rendered in the above entitled proceedings as attorney or participation of such compensation, directly or indirectly, by any other person, firm or corporation with such attorney except other legal counsel in a regular and bonafide law partnership with the undersigned in the above entitled matter. „Ice Ro.-rt S. Michael 1.4,11 Crystal . Raiber Subscribed and sworn to before me the undersigned Notary Public by Robert S. Michael and Crystal K. Raiber this 15 day of m�c.1.--- , 2011. 1 Niti1/4 „. �,,c .JULIE LYNN 411, t K. i. IS.L NOTARY t , y Issl� # as • : ;,rte. MNSSlOIvNV DCG! as =4C) — r m =� a 1 u4.. 3 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY LUBNA ELGADI, ) ) Plaintiff; ) Equity No. CVCV073255 ) v. ) ) ACCEPTANCE IOWA CITY HOUSING AUTHORITY, ) OF SERVICE ) Defendant. ) I, Marian K. Karr,hereby accept service of the following on behalf of Defendant: 1. Petition for Writ of Certiorari; 2. Original Notice; 3. Order for Writ of Certiorari; and 4. Writ of Certiorari. • /4thrme . . � 4z -�2/-// Mari -K: Karr Date City Clerk, City of Iowa City IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LUBNA ELGADI ) Equity No. . V C`1 07 5 a55 Plaintiff ) v. ) ORIGINAL NOTICE ) IOWA CITY HOUSING AUTHORITY ) ) Defendant. ) TO THE ABOVE-NAMED DEFENDANT: You are notified that a petition has been filed in the office of the clerk of this court, naming you as the defendants in this action. A copy of the petition is attached to this notice. The attorney for plaintiff is Charles L. Pierce, whose address is Iowa Legal Aid, 1700 South 151 Ave, Suite 10, Iowa City, IA 52240. The attorney's telephone number is 319-351-6570, and his fax number is 319-351-0079. You must serve upon plaintiff's attorney a motion or answer within 20 days after service of this original notice upon you, and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County at the courthouse in Iowa City, Iowa. If you do not,judgment by default may be entered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court,� because of , a disability, immediately call your district ADA coordinator at 319-398-3920 ext. . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). icy) LODEMA BERKLEY 7j Pe OFFDD STRICT COURT) �l Johnson County Courthouse Iowa City, IA 52240 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. ‘- ?e ' X21 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LUBNA ELGADI j Equity 4 ty No. V L/ 1( //? V 07 255 Plaintiff ) v. ) ORDER FOR WRIT OF ) CERTIORARI IOWA CITY HOUSING AUTHORITY ) Defendant. ) c r,. - NOW on this 70 day of A671-92,2011, this matter comes before`iz,Cgiiit on"_, n< G Plaintiff's Petition for Writ of Certiorari. The Court finds that the Writ of Certiorari:hoult 5 _' issue. The Court, therefore, orders the Clerk to issue the Writ of Certiorari comma ri >te, _ (' a . Defendants to certify to this Court on or before the f jl day of ,2011 the of complete record of the proceedings complained of in the petition as well any other records pertaining to the facts of the case now before this Court. A scheduling conference is set for the ac day of , 2011 at lb '1:6Madministration Plaintiff shall initiate the call to court admist ration and e Defendant. G-20 0A/7/29----____ JUDGE SIXTH JUDICIAL DISTRICT OF IOWA IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LUBNA ELGADI ) (7V� /O7L 55 Equity No V \__Y ON ) v. ) ORDER ALLOWING PLAINTIFF ) TO PROCEED IN FORMA IOWA CITY HOUSING AUTHORITY ) PAUPER'S n , Defendant. ) 7=: U C.)_: G il.:. C-- NOW on this Zo day of j , 20 I C , the Court having rev%ewed 3a' verified Application of the Plaintiff to Proceed In Forma Pauperis, finds that the Pl ittiffis, r" r v indigent and cannot afford to prepay the filing and service fees related to the above entitled action, and that prepayment of such fees should be deferred. THEREFORE, the Court orders that the Plaintiff be allowed to file this action without prepayment of filing fees and costs of Sheriffs service. Ofrfi.-C2-2--- JUDGE Sixth Judicial District of Iowa ocri IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LUBNA ELGADI > �\ Jd13 5S Equity No. �.�V �J Plaintiff, ) v. ) PETITION FOR WRIT OF ) CERTIORARI IOWA CITY HOUSING AUTHORITY ) ) r- Defendant. ) c COMES NOW Plaintiff, by and through her counsel, Charles L. Pierce of Ipfa Legal v Aid, and for her Petition for Writ of Certiorari states to the Court as follows: t— ac -77: • . Plaintiff Lubna Elgadi is a resident of Iowa City, Iowa. Ax `ari 1. Defendant Iowa City Housing Authority("ICHA") is a department of the City of Iowa City. 2. Defendant ICHA is an inferior tribunal or board within the meaning of Iowa R. Civ. P. 1.1401. 3. Ms. Elgadi is a recipient of housing assistance under the Section 8 Voucher program administered by ICHA. 4. By a written decision dated March 21 2011, Douglas Boothroy, serving as hearing officer, upheld the ICHA's termination of housing assistance to Ms. Elgadi. 5. Defendant has acted illegally in this matter because the hearing officer's March 21 decision does not state a sufficient basis for termination, relies on evidence not in the record, the hearing officer failed to properly exercise his discretion and thus violates federal regulations, ICHA's rules, and due process, as well as constituting an abuse of discretion. 6. Because of Ms. Elgadi's limited finances, the termination of a housing subsidy will cause her and her three children great harm. Page 1 of 2 WHEREFORE, Ms. Elgadi respectfully requests that the Court: A. Issue a writ of certiorari commanding Defendant to certify to this Court the record of the relevant proceedings; B. Set this matter for hearing; C. Hold that Defendant's decision to terminate Ms. Elgadi's Section 8 Rental Assistance is illegal and unenforceable; D. Tax the costs of this action to Defendant; and E. Grant such other relief as may be just and equitable under the circumstances. Respect y submitted, is Charles L. Pierce, AT0006229 Iowa Legal Aid 1700 South 1st Ave, Suite 10 Iowa City, Iowa 52240 tel.: 319-351-6570 I fax: 319-351-0079 ATTORNEY FOR PLAINTIFF STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) I, Lubna Elgadi, have read this Petition for Writ of Certiorari. The statements it contains are true and correct to the best of my knowledge. I certify under penalty of perjury, pursuant to the laws of the state of Iowa that the preceding is true and c rect. Lubna Elgadi Subscribed and sworn before me this oils day of Q , 2011. • ,4 , La % ry Public, State of Iowa prA(s JULIE WALKER P Commission Number 87 Z 9 i + y Cp mission Expires /OWP I�- djaj Page 2 of 2 END OF CASE FILE I , IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HILLS BANK AND TRUST COMPANY, HILLS,IOWA, PLAINTIFF, No. EQCV073049 vs. DISMISSAL WITHOUT PREJUDICE OF ALL DEFENDANTS LYNX GREGOIRE, IDA I. GREGOIRE,THE CITY OF IOWA CITY,AND PARTIES IN POSSESSION, DEFENDANTS. COMES NOW the Plaintiff and hereby dismisses the above-captioned cause of action against all Defendants without prejudice. Respectfully submitted, enza Ne on AT0005652 Legal a fficer Hills Bank and Trust Company 131 Main Street, P.O. Box 160 Hills, IA 52235-0160 Ph: 319-679-5330 Fax: 319-679-5519 Email: Kenza_Nelson@hillsbank.com ti CR r N PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause of action and to each of the attorneys of record herein at their respective addressees disclosed on the pleadings on May . , 2011, by: Oft U.S. Mail o Fax o Hand Delivered o Overnight Courier o Federal Express o Other Signature Ft '( a\M 0.mow Copy to: Lynx Gregoire 1128 NW 116th Ter Miami, FL 33168 Ida I. Gregoire 1128 NW 116th Ter Miami, FL 33168 0 The City of Iowa City n-< x- Iowa City Clerk Marian Karr 410 E. Washington Street - -0 M Iowa City, IA 52240 0 Parties in Possession 1126 Essex Street Iowa City, IA 52240 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY GWENDOLYN BOLEN, ) ) Plaintiff, ) Equity No. CVCV073764 ) v. ) ) ACCEPTANCE IOWA CITY HOUSING AUTHORITY, ) OF SERVICE ) Defendant. ) I, Marian K. Karr, hereby accept service of the following on behalf of Defendant: 1. Petition for Writ of Certiorari; 2. Original Notice; 3. Order for Writ of Certiorari; and 4. Writ of Certiorari. 71/(a_4€-.?„,. ,,J k - ��,,� y'-a,- ii Mar -K. Karr Date City Clerk, City of Iowa City VeN( CO IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GWENDOLYN BOLEN ) ) Equity No. Gd CJ O 7 V `I" Plaintiff, ) V. PETITION FOR WRIT „ ..r` ) CERTIORARI o IOWA CITY HOUSING AUTHORITY ) `a I r' uN -1 7 " 1 D 67.s Defendant. ;. t--) _- �C COMES NOW Plaintiff, by and through her counsel, Charles L. Pierce of r4ra. Legal Aid, and for her Petition for Writ of Certiorari states to the Court as follows: Plaintiff Gwendolyn Bolen is a resident of Iowa City, Iowa. 1. Defendant Iowa City Housing Authority ("ICHA") is a department ofie Citof Iowa c7 cn rn e ' City. >-s -v --- c•-) r 2. Defendant ICHA is an inferior tribunal or board within the meaning oRa $a.Civ 1.1401. 0? 0 N 3. Ms. Bolen is a recipient of housing assistance under the Section 8 Voucher program administered by ICHA. 4. By a written decision dated August 3, 2011, Douglas Boothroy, serving as hearing officer,upheld the ICHA's termination of housing assistance to Ms. Bolen. 5. Defendant has acted illegally in this matter because the hearing officer's August 3, 2011 decision does not state a sufficient basis for termination, relies on unreliable hearsay evidence, the hearing officer applied unwritten rules, the hearing officer failed to properly exercise his discretion and thus violates federal regulations, ICHA's rules, and due process, as well as constituting an abuse of discretion. Page 1 of 2 6. Because of Ms. Bolen's limited finances, the termination of a housing subsidy will cause her and her two children great harm. WHEREFORE, Ms. Bolen respectfully requests that the Court: A. Issue a writ of certiorari commanding Defendant to certify to this Cow:tithe record rn of the relevant proceedings; Q rn "1 —0 B. Set this matter for hearing; ry e a a C. Hold that Defendant's decision to terminate Ms. Bolen's Section-lc-728 lenta1' 0 Assistance is illegal and unenforceable; - D. Tax the costs of this action to Defendant; and E. Grant such other relief as may be just and equitable under the circumstances. Respectfully submitted, Char es L. Pierce, AT0006229 Iowa Legal Aid 1700 South 1st Ave, Suite 10 Iowa City, Iowa 52240 tel.: 319-351-6570 I fax: 319-351-9079 , 1 ATTORNEY FOR PLAINTIFF STATE OF IOWA ) `��-, — ) ss: :C _,. ITl COUNTY OF JOHNSON ) ; q I, Gwendolyn Bolen, have read this Petition for Writ of Certiorari. The statements it contains are true and correct to the best of my knowledge. I ce Ty under penalty of perjury, pursuant to the laws of the state of Iowa that the preceding is t d correct. Gwe dolyn Bolen Subscribed and sworn before me this day of , 2011. N y Public, State of Iowa OEMEK_ JO ON �r, cor..ron Nun*. Page 2 of 2 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GWENDOLYN BOLEN Equity No. (1W Cv 0 737 Plaintiff v. ) WRIT OF CERTIORARI ) IOWA CITY HOUSING AUTHORITY ) ) Defendant. ) TO: Defendant Iowa City Housing Authority: WHEREAS, in Plaintiff's petition, it has been made to appear to the Iowa District Court for Johnson County that you are proceeding illegally in terminating Plaintiff's Section 8 Rental As' tance, you • e ther- o - omanded to certify and return to this Court on or before the day of diA./4 m/ , 2011, the complete record of the proceedings complained of in a petition as we as any other records pertaining to the fact of the case now before this Court, and to have then and there this writ. WITNESS my hand and the seal of this Court at Iowa city, Johnson County, State of Iowa this K day of __A„Q , , 2011. LODEMA BERKLEY Lodema Berkley, Clerk ..- Z-tA . des nee T• MI 0 i INGER N 0 o' _ t� N --4c- - CO ;D N cm IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GWENDOLYN BOLEN ) Equity No. C vC‘1 o 7 3 76 4 Plaintiff ) v. ) ORIGINAL NOTICE ) IOWA CITY HOUSING AUTHORITY ) ) Defendant. ) TO THE ABOVE-NAMED DEFENDANT: You are notified that a petition has been filed in the office of the clerk of this court, naming you as the defendants in this action. A copy of the petition is attached to this notice. The attorney for plaintiff is Charles L. Pierce, whose address is Iowa Legal Aid, 1700 South 1st Ave, Suite 10, Iowa City, IA 52240. The attorney's telephone number is 319-351-6570, and his fax number is 319-351-0079. You must serve upon plaintiff's attorney a motion or answer within 20 days after service of this original notice upon you, and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County at the courthouse in Iowa City,Iowa. If you do not,judgment by default may be entered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext.MO (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). 1 Da LO LJE M , Ls RKLEY �? _ \ L CLE OF DISTRIC COURT , 1 — U Johnson County Courthouse L!� rci "11 Iowa City, IA 52240 �-S N -_+r7 — co C,' IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY `J { / G� GWENDOLYN BOLEN ) ' ``'i Equity No. c5jLV,V i Plaintiff ) 0',; ti • v. ) ORDER FOR `'-"' CP IOWA CITY HOUSING AUTHORITY ) T OF CERTIORARI o.G Defendant. ) NOW on this 8T14 day of September, 2011, this matter comes before the Court on Plaintiffs Petition for Writ of Certiorari. The Court finds that the Writ of Certiorari should issue. The Court, therefore, orders the Clerk to issue the Writ of Certiorari commanding Defendants to certify to this Court on or before the 4 day of 0d , 2011 the complete record of the proceedings complained of in the petition as well as any other records pertaining to the facts of the case now before this Court. A scheduling conference is set for the at{ day of , 2011 at 11 ' M. Plaintiff shall initiate the call to court administration and the Defendant. GP4 / ' / . 6421Z, • 'GE IXTH JUDICIAL DISTRICT OF IOWA N _ o O gy � .=.r L7 -- 0 it ;;C r- ill 53. C3 so END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY • STEPHANIE DUNBAR, ) ) Plaintiff, ) Equity No. CVCV073983 ) v. ) ) ACCEPTANCE IOWA CITY HOUSING AUTHORITY, ) OF SERVICE ) Defendant. ) I, Marian K. Karr,hereby accept service of the following on behalf of Defendant: 1. Petition for Writ of Certiorari; 2. Original Notice; 3. Order for Writ of Certiorari; and 4. Writ of Certiorari. sr/ //-v? r-/1 Mari K. Karr Date City Clerk, City of Iowa City a(7 C")• N r.+ C) co i �, [TI .; c.3 cn C=) eck. cote � CP` . IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY STEPHANIE DUNBAR ) Plaintiff ) No. O.—Vc_V 07 31 3 ) v. ) ) PETITION FOR WRIT OF CERTItAR IOWA CITY HOUSING AUTHORITY, ) Cf? cp "� Defendant. ) 6 TV '. y fMIL COMES NOW Plaintiff, by and through her counsel, Elizabeth A. Norris of Iowa LegalEs :, x Aid, and for her Petition for Writ of Certiorari states to the Court as follows: *c2 1. Plaintiff Stephanie Dunbar("Dunbar") is a resident of Iowa City, Johnson County, Iowa. 2. Iowa City Housing Authority ("ICHA") is a department of the City of Iowa City. 3. ICHA is an inferior tribunal or board within the meaning of Iowa R. Civ. P. 1.1401. 4. Dunbar is a recipient of a Section 8 Voucher in the Section 8 housing program administered by ICHA. She currently resides at 1100 Arthur Street, Apartment J-1 in Iowa City, Iowa. 5. On August 25, 2011, a Housing Program Assistant, an employee of ICHA, sent a notice to Dunbar advising her that her Section 8 Voucher assistance was being terminated. The notice stated that Dunbar's assistance was terminated because she had not provided information requested in letters mailed on July 5, 2011, and August 12, 2011. The letter statedat-hem CD assistance was being terminated pursuant to 24 CFR 982.552(c)(1)(i). —{rn rn =‹m -n Ul C.3 • 6. Dunbar timely appealed this decision. A hearing on Dunbar's appeal was held on October 4, 2011. On October 13, 2011, the hearing officer issued a decision upholding ICHA's decision to terminate Dunbar's assistance. 7. Defendant has acted illegally in this matter because the ICHA did not consider the effects of termination of assistance on Dunbar's minor child. Because of Dunbar's limited finances, the termination of a housing subsidy will cause her and her minor child great harm. 8. Defendant has also acted illegally in this matter because, after consideration of relevant factors and the evidence presented,the hearing officer's decision is not supported by a preponderance of the evidence and thus violates federal regulations, and ICHA's rules 9. The Defendant has made an error of law in finding that Dunbar's failure to produce documentation for the ICHA warranted termination of her housing assistance. WHEREFORE, Dunbar respectfully requests that the Court: A. Issue a writ of certiorari commanding Defendant to certify to this Court the record of the relevant proceedings; B. Set this matter for hearing; C. Hold that Defendant's decision to terminate Dunbar's application for a Section 8 Voucher is illegal and unenforceable; a D. Tax the costs of this action to Defendant; and `' 0 6 (-)-‹ r ) r— co E. Grant such other relief as may be just and equitable under the circumsts. rn cn co Respectfully submitted, Y\'/ )4944.;10 Elizabeth A. Norris AIN: AT0005912 Iowa Legal Aid, Iowa City Regional Office 1700 S. 1S`Ave., Suite 10, Iowa City, Iowa 52240 tel.: 319-351-6570 I fax: 319-351-0079 email: enorris@iowalaw.org ATTORNEY FOR PLAINTIFF -‹ N) 7- -C) 0 i f cn 0 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY STEPHANIE DUNBAR, ) Plaintiff, ) No. etICV6-73 ca3 ) v. ) ORIGINAL NOTICE ) IOWA CITY HOUSING AUTHORITY, ) ) Defendant. ) TO THE DEFENDANT: r You are hereby notified that on the I L114—day of f Vpkfem6,2011, a Petition for Writ of Certiorari has been filed in the office of the Clerk of the above court, affecting your rights as the Defendant. A copy of the Petition and any documents filed with it is attached to this notice. The attorney for the Plaintiff is Elizabeth Norris, whose address is 1700 S. 1st Ave., Suite 10, Iowa City, IA 52240. The attorney's phone number is(319) 351-6570 and fax number is (319) 351- 0079. 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 in the Iowa District Court for Johnson County,at the courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the application. 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 6th district: 319-398-3920, ext.1100. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). 7:1A BERKLE y'. CL OF COURT j)-9-1-214-7-r—' (County name) County Courthouse (City where courthouse is located), IA(zip code) The Attorney who is expected to represent the interested party should be promptly advised by thtinterestcleparty of the service of this notice. c:D 11 rn -"' Cn 0 41 • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY STEPHANIE DUNBAR, ) ) ) No. C'_b'C.✓ 2 73 9,f/3 Plaintiff, ) V. ) G-_ < cn IOWA CITY HOUSING ) ORDER FOR WRIT OF CERTIORARR :, �" r,�,. - AUTHORITY ) G` -o174-6 I " ) p C, C.Ji Defendant. ) NOW on this 14 day of 1401/ , 2011, this matter comes before the Court on Plaintiffs Petition for Writ of Certiorari. The Court finds that the Writ of Certiorari should issue. The Court,therefore, orders the Clerk to issue the Writ of Certiorari commanding Defendant to certify to this Court on or before the )L('day of Dar., , 2011 the complete record of the proceedings complained of in the petition as well as any other records pertaining to the facts of the case now before this Court. Ian K.Thornhill JUDGE, SIXTH JUDICIAL DISTRICT OF IOWA *.c") o I- � M c_, 0 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY STEPHANIE DUNBAR, ) Plaintiff, ) No. VC-I/ 0 73 i '3 v. ) ) IOWA CITY HOUSING ) WRIT OF CERTIORARI AUTHORITY ) ) Defendant. ) ) TO: Defendant Iowa City Housing Authority: WHEREAS, in Plaintiffs petition, it has been made to appear to the Iowa District Court for Johnson County that you are proceeding illegally in terminating Plaintiffs Section 8 Rental Assistance,you are therefore commanded to certify and return to this Court on or before the I N* day of 1 ,,r, 2011,the complete record of the proceedings complained of in the petition as well as any other records pertaining to the fact of the case now before this Court, and to have then and there this writ. WITNESS my hand and the seal of this Court at Iowa City, Johnson County, State of Iowa this 4 day of(lav , 2011. '-_:- ; jxddA BERKLEY Lodema Berkley, Clerk desi ee ca 11 C) < m -. -=tn �� -0 71 c%;j•' w • C, 0 END OF CASE FILE onEN-rop U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C ( -- vi hit- ifo KANSAS/MISSOURI STATE OFFICE denin REGION VII y * * 0 Gateway Tower II, Room 200 1IIIIIII :I400 State Avenue + Kans Qas City, KS 66101-2406 84N osfl'° HUD Home Page: www.hud.gov OCT 2 7 2011 Housing Authority of Iowa City, Iowa do Matt Hayett, Board Chairperson 410 E. Washington Street Iowa City, IA 52240-1826 Dear Mr. Hayett: SUBJECT: Ross v.Wolf; Housing Authority of Iowa City; Rackis 07-12-0019-8 The purpose of this letter is to advise you that the complaint captioned above has been amended to reflect the following changes: To add the basis of race. A copy of the amended complaint is enclosed. • Should you have any questions, or require additional information,please do not hesitate to contact Shila C. Hernandez at(402)492-3117. Sincerely, Ag. t..:= Myrtle L. Wilson Director Office of Fair Housing and Equal Opportunity Enclosure N _ O a --- iCD 0 —; —CD 1 17271 7 CO �-` --I c i — r- 7.-0- - tt :CC Oil " r0 October 25, 2011 Amendment No. 1 HOUSING DISCRIMINATION COMPLAINT CASE NUMBER: 07-12-0019-8 1. Complainants Jennafer Ross 8 Gleason Drive Iowa City, IA 52240 2. Other Aggrieved Persons None. 3. The following is alleged to have occurred or is about to occur: Discriminatory terms, conditions, privileges, or services and facilities. 4. The alleged violation occurred because of: Race and handicap. 5. Address and location of the property in question (or if no property is involved, the city and state where the discrimination occurred) : Iowa City, IA 6. Respondent(s) Hidi Wolf, Section 8 Worker Housing Authority of Iowa City, Iowa 410 E. Washington Street Iowa City, IA 52240-1826 Housing Authority of Iowa City, Iowa u c/o Matt Hayett, Board Chairperson b` -i —S 410 E. Washington Street C )-<. co Iowa City, IA 52240-1826 -tc% 7e-r m m Steven Rackis, Executive Director ��:C7 _ 0 Housing Authority of Iowa City, Iowa .. 410 E. Washington Street cm Iowa City, IA 52240-1826 7. The following is a brief and concise statement of the facts regarding the alleged violation: Section: 804 (f) (2) (B) Issue: Discriminatory Terms and Conditions Basis: Disability Allegation: Illegal Inquiry Complainant alleged Respondents discriminated against her by making an illegal inquiry as to the nature and severity of her disability. She alleged that on/or about August 8, 2011, during the process of porting her Section 8 Voucher to Respondent, Housing Authority of Iowa City, Iowa, Respondents demanded that she provide them a copy of her personal medical records as a condition of approval. She alleged she refused Respondents' request, and Respondents then refused to approve the porting of her voucher until such time as she provided said medical records. Complainant alleged that on/or about August 31, 2011, she relented, and provided Respondents a copy of her personal medical records, and Respondents then approved the porting of the voucher. Complainant alleged Respondents' actions constitute an illegal inquiry as to the nature and severity of her disability, and a discriminatory housing practice based on her disability. Section: 804 (b) Issue: Discriminatory Terms and Conditions Basis: Black African American Allegation: Delay of housing Complainant alleged Respondents discriminated against her on the basis of race (Black African American) by requiring that she submit her medical records. She alleged that on/or about August 8, 2011, during the process of porting her Section 8 Voucher to Respondent, Housing Authority of Iowa City, Iowa, Respondents demanded that she provide them a copy of her personal medical records as a condition of approval. She alleged she refused Respondents' request, and Respondents then refused to approve the porting of her voucher until such time as she provided said medical records. Complainant alleged that on/or about August 31, 2011, she relented, and provided Respondents a copy of her personal medical records, and Respondents then approved the porting of the voucher. Complainant alleged Respondents' actions constitute a discriminatory housing practice based on her race. 8. The most recent date on which the alleged discrimination occurred: August 31, 2011. 9. Types of Federal Funds identified: Public and Indian Housing. CD :to CD S-7 El c)—C, co 6t� `— m C. O, 10. The acts alleged in this complaint, if proven, may constitute a violation of the following: Section 804b or f of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988. Section 504 of the 1973 Rehabilitation Act. The Americans with Disabilities Act of 1990. Please sign and date this form: I declare under penalty of perjury that I have read this complaint (including any attachments) and that it is true and correct. Jennafer Ross (Date) N 0 T Es HUD WILL FURNISH A COPY OF THIS COMPLAINT TO THE PERSON OR ORGANIZATION AGAINST WHOM IT IS FILED. O 0 rn 0 < w r —'r r - Xeci eENTph U.S.Department of Housing and Urban Development Omaha Field Office 7�*o1111111*`o Edward Zorinsky Building 'tea IIu 11 1616 Capitol Avenue Gpa+N DE•10.CS Omaha,Nebraska 68102-4908 October 27, 2011 o� o ran, Housing Authority of Iowa City, Iowa do Matt Hayett,Board Chairperson 410 E. Washington Street -- c r • rT1 Iowa City,IA 52240-1826 N C-' Dear Respondent: SUBJECT: Ross v. Wolf; Housing Authority of Iowa City;Rackis.et al.,07-12-0019-8 This letter is to inform you that the above referenced complaint has been assigned to me for investigation. In the near future, I will contact your Representative to arrange a date and time to conduct an interview with you regarding the allegations in the complaint. Also,I will mail a letter to your Representative requesting documents or other information. During the investigation of the complaint, facts will be collected from all parties involved in an impartial and objective manner. After the investigation has been completed,the complaint - can be concluded in a determination of probable cause or no probable cause. Alternatively, the complaint may be concluded and resolved through conciliation. Throughout the investigation my Department will engage in conciliation efforts to resolve the complaint. Please be prepared to discuss with me your thoughts on actions that you would be willing take to resolve the complaint. During the investigation, I will conduct separate interviews with you, the Complainant, and witnesses, if available. During your interview, you will be asked questions pertaining to the complaint. Also, at the time of your interview, please have available any documentation in support of your defense and the names and phone numbers of any witnesses. I am enclosing for your review and signature, a document called "NOTICE OF RIGHTS AND RESPONSIBILITIES". Please read this document. If you have any questions about the document, please call me and I will explain the rights and responsibilities described in the document. When your questions have been answered,please sign the document and return it to me in the postage-paid,preaddressed envelope. 2 If you have any questions or concerns regarding this complaint,you may contact me at (402)492-3117, Monday through Friday,between 8:00 a.m. and 4:30 p.m. If I am not available to take your call,please leave your name, a telephone number, and the best time to reach you at the number you provide. I will return your call at my earliest opportunity. Thank you for your cooperation. Sincerely, ithieu 6. &wieder Shila C. Hernandez Equal Opportunity Specialist Office of Fair Housing and Equal Opportunity Enclosures >17: �+ CO r. tl 0 O� m r CT NOTICE OF RIGHTS AND RESPONSIBILITIES PURSUANT TO THE FAIR HOUSING ACT,THE REGION VII OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY(FHEO)IS COMMITTED TO ENSURING THAT ALL PARTIES TO A COMPLAINT UNDERSTAND THEIR RIGHTS AND RESPONSIBILITIES DURING THE PROCESS. You have previously been provided a letter outlining your legal rights and responsibilities. This notice supplements that letter and further describes many of your rights and responsibilities as follows: INVESTIGATION EACH PARTY HAS THE RIGHT TO A COMPLETE AND IMPARTIAL INVESTIGATION OF THE ALLEGATIONS. The HUD investigator is neutral and represents neither the interests of the complainant nor the interests of the respondent. The primary mission of the investigator is to gather and analyze evidence regarding the complainant's allegations and the respondent's defenses. After the investigation and if the complaint has not been successfully conciliated,HUD will determine whether or not reasonable cause exists to believe that a discriminatory housing practice has occurred. A determination shall be made within 100 days after filing of the complaint,unless it is impractical to do so. If no reasonable cause is found,HUD will issue a statement of the facts upon which HUD has based the determination; dismiss the complaint; notify the parties of the dismissal; and make public disclosure of the dismissal. If reasonable cause is found to exist,HUD will issue such a determination and direct the issuance of a charge on behalf of the aggrieved person. If a charge is issued, a copy of the determination and the charge will be served on the parties. If HUD issues a charge of discrimination,either party may elect, in lieu of an administrative proceeding, to have the case commence in Federal District Court,with the Attorney General maintaining the action on behalf of the complainant. Alternatively, if neither party elects, the case instead will commence before an Administrative Law Judge with the General Counsel from HUD maintaining the action. Even if no reasonable cause is found and the complaint is dismissed,as discussed above,the complainant may still, on his own behalf,bring an individual suit pursuant to the Fair Housipg Act in a federal, state, or local court within two years of the alleged discriminatory act.The computation of the two-year period does not include any time during which there w0-an, c m administrative proceeding under the Act. J>.T —i C3 W CONCILIATION r. m � _ The law requires that FHEO make a good faith attempt to bring about the conciliatio?-qf-a cane. +l Parties can expect that conciliation will be attempted in the very early stages after a Complairib is filed and will continue throughout the investigative process, if appropriate. The HUD investigator will not,however, discontinue or suspend an investigation merely because the parties are engaged in conciliation. PARTICIPATION IN THE CONCILIATION PROCESS IS PURELY VOLUNTARY. Neither complainant nor respondent is required to participate in conciliation or accept any offer of settlement. Participation in,or alternatively,failure to participate in conciliation, will have no impact on the findings in any case. Additionally, nothing said or done during the course of conciliation can be made public or used as evidence in subsequent litigation without the written consent of the persons concerned. If the complainant and respondent agree to conciliation terms,each party, along with HUD officials, will sign a conciliation agreement, which seeks to protect the interests of the parties and the public interest. If the conciliation agreement is later breached,enforcement may be achieved through legal proceedings initiated by the U.S.Department of Justice. Once the parties sign a conciliation agreement,the investigation, if already in progress, will cease and the case will be closed. SPECIFIC RESPONSIBILITIES OF COMPLAINANT Complainant or complainant's representative must provide relevant information to the HUD investigator upon request. Delays in providing information or responding to requests may lead to administrative closure of the case for failure to cooperate. If complainant relocates, complainant must immediately inform the HUD investigator of any new address or phone number. SPECIFIC RESPONSIBILITIES OF RESPONDENT If respondent obtains legal representation,respondent's counsel must provide the HUD investigator written notice of appearance. Respondent may,but is not required to,file an answer to the complaint not later than ten days after receipt of notice and may fairly and reasonably amend the answer at any time. The answer must be signed and affirmed by the respondent and state: "I declare under penalty of perjury that the foregoing is true and correct." The HUD investigator will seek voluntary cooperation of respondent to obtain access to premises, records,documents, individuals, and other sources of information;to examine,record,and copy necessary materials; and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation. Any requests for delay by respondent should be based on necessity. Should the respondent refuse to voluntarily cooperate,appropriate HUD officials may issue a subpoena in support of the investigation. ACKNOWLEDGEMENT By signing this document,I certify that I understand my rights and responsibilities in the complaint process and have been provided a copy of this document. Signature of complainant/respondent Printed name Date 0 u - CO --- •:;:r rn Cr, 2 c tee' PtiMENiaa U.S.Department of Housing and Urban Development eP*[!Gfi oft Omaha Held Office o lllII I meg Edward Zorinsky Federal Building cy I I Q*ac 1616 Capitol Avenue,Suite 329 SONDE` 5 Omaha,Nebraska 68102-4908 October 26, 2011 VIA FAX AND U.S.MAIL Housing Authority of Iowa City, Iowa do Matt Hayett, Board Chairperson - 410 E. Washington Street F- Iowa City, IA 52240-1826 ?K c. --e.r- rn Dear Mr. Hayett: c, = C RE: Ross v. Wolf; Housing Authority of Iowa City; Rackis U' HUD Case No. 07-12-0019-8 A complaint was filed October 18, 2011, alleging a violation of the Fair Housing Act,42 U.S.C. Sections 3601 et seq. (2010) (the Act). Pursuant to the Act, the Department is required to conduct an investigation to determine whether reasonable cause exists to believe that the alleged actions were violations of the Act. The rules governing the conduct of investigations are found at 24 C.F.R. Section 103.215 (2011). 24 C.F.R. Section 103.215(a) (2011)provides that"...the Assistant Secretary will seek voluntary cooperation of all persons to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine,record, and copy necessary materials; and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation." In order to complete its investigation,please provide the Department the following information: 1. Copies of Respondent rules, regulations,policies, and procedures as they pertain to ports or transfers of Section 8 vouchers. 2. List the total number of persons who currently receive Section 8 assistance through the Respondent. Identify the total number of African-American persons and the total number of disabled persons that receive Section 8 assistance through the Respondent. 3. List of all persons who requested to port or transfers of their Section 8 vouchers to the Respondent in 2010 and 2011. Identify each person by full name,race, address, telephone number, date of request to port or transfer, date of approval or denial and state whether or not they are disabled. (04 (v r ' n /' Fair Housing 2010:Time to Act! C, 0\46k/4j CIBC, 6K!s) 2 4. Provide a full and complete copy of the Complainant's file including any/all requests for medical documentation, correspondence exchanged between Complainant and the Respondent, and documentation exchanged or received from any other entities on behalf of the Complainant. Pursuant to Section 810(a) (1) (D), "complaints and answers shall be(made)under oath or affirmation."We respectfully request you send the above materials for receipt by our office within 10 days of your receipt of this letter or by November 7,2011. The information requested in this letter is preliminary. Additional data may be requested after a review of the above information, if needed in the furtherance of this investigation. Should you fail to cooperate, the Department"may conduct and order discovery in aid of the investigation by the same methods and to the same extent that discovery maybe ordered in an administrative proceeding under 24 C.F.R. Part 180, except that the Assistant Secretary shall have power to issue subpoenas described in 24 C.F.R. Section 180.545 in support of the investigation. Subpoenas issued by the Assistant Secretary must be approved by the General Counsel as to their legality before issuance." 24 C.F.R. Section 103.215(b) (2011). The authority to issue subpoenas and to rule on motions to quash or modify subpoenas has been re- delegated to the FHEO Regional Directors. 68 Fed.Reg. 45846 (Aug.4, 2003). Subpoenas issued in aid of investigation are subject to the protections and duties set forth in Federal Rule of Civil Procedure 45 and the general regulations governing the issuance of subpoenas under the Act, 24 C.F.R. Section 180.545 (2011). Subpoenas issued by the Department may seek the attendance of a witness for the purpose of giving sworn testimony at a deposition or may require the production of relevant books, papers, documents, or tangible things. 24 C.F.R. Section 180.545(b) (2011). Objections to subpoenas, and motions to quash subpoenas, shall be filed with the Assistant Secretary within five days after service of the subpoena but in any event not less than the time specified in the subpoena for compliance. 24 C.F.R. Section 180.545(f) (2011). Failure to comply with a subpoena issued by the Assistant Secretary may result in the matter being referred to the Attorney General of the U.S. for enforcement in appropriate proceedings under 42 U.S.C. Section 3614(c) of the Act. 24 C.F.R. Section 180.545(g) (2011). N CD O • Y n -I { C7..f W r' DC7 _ rn m 32? - 0 o' 3 If you have any questions about this matter, please contact Shila C. Hernandez, Equal Opportunity Specialist, at(402)492-3117, between 8:00 a.m. and 5:00 p.m., Monday through Friday. Your assistance in the prompt completion of this investigation is appreciated. Sincerely, Betty J. • tiger Director Office of Fair Housing and Equal Opportunity _ O O - -1 -<r - Cl END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS CASE NO. EQC10 73 76,3 TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ORIGINAL NOTICE ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB, Plaintiff, Q — - vs. -v MATTHEW AKERS, SPOUSE OF z<FT; -„ r''r''i MATTHEW AKERS, CITY OF IOWA E ^ N r CITY, ROCHESTER AVENUE LC,THE •• STABLES,L.L.C., AND PARTIES IN c , POSSESSION, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): C 41 cfC 6 "'°`- C �� You are notified that a Petition has been filed in the office of the Clerk of this Court, naming you as a Defendant in this action. A copy of the Petition(and any documents filed with it) are attached to this notice. The attorney for the Plaintiff is Brian G. Sayer of the law firm of Dunakey&Klatt,P.C.,whose address is 531 Commercial St., Suite 250,P.O. Box 2363, Waterloo,Iowa 50704. That attorney's phone number is (319)232-3304; facsimile number(319) 232-3639. 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 Johnson 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 x1100. (If you are hearing impaired call Relay Iowa TTY (800) 735-2942). LO. " " Lir'�h A`!�LCL 1 Cl of Court r Johnson County Courthouse Iowa City, Iowa IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. CC : errs_ (CVS pai Cq . Harte • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE CASE NO. 6Q CA1013 7 10 FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB, FORECLOSURE PET>TIDN Plaintiff, o`; �J I Ci— nN N Vs. c---i .:_; -!7 MATTHEW AKERS, SPOUSE OF MATTHEW AKERS, CITY OF IOWA CITY, _ ) c.a ROCHESTER AVENUE LC, THE STABLES, L.L.C.,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, and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff elects to foreclose without redemption pursuant to Iowa Je Section 654.20. The mortgaged property which is the subject o0111. acgn is not used for agricultural purposes. The mortgaged property is a on one;;Family4 two-s i family dwelling. ,N, -- r-- 2. The Plaintiff is a company duly authorized to transact business*Ate U sited�' A States of America. - r C; 3. The Defendants, Matthew Akers and Spouse of Matthew Akers, are a Married couple and are residents of Johnson County, Iowa. • 4. The Defendant, City of Iowa City, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including, but not limited to,by virtue of a Judgment entered in CISC077048 in the District Court in and for Johnson County and a Judgment entered in CISC077049 in the District Court in and for Johnson County and a Judgment entered in CISC077050 in the District Court in and for Johnson County. Any right or interest the Defendant may have in and to the property which is the subject of this action is junior and subordinate to the right and interest of the Plaintiff in and to the property. 5. The Defendant, Rochester Avenue LC, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including, but not limited to, by virtue of a pending proceeding entered in CVCV073365 in Johnson County. Any right or interest the Defendant may have in and to the property which is the subject of this action is junior and subordinate to the right and interest of the Plaintiff in and to the property. 6. The Defendant, The Stables, L.L.C., is joined as a party to this action because it may claim some right,title or interest in the property which is the subject of this action including, but not limited to,by virtue of a claim of lien for assessment entered in Bk 4730 Pg 112 in Johnson County. Any right or interest the Defendant may have in and to the property which is the subject of this action is junior and subordinate to the right and interest of the Plaintiff in and to the property. 7. 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. Any right or interest the Defendants may have in and to the property which is the subject of this action is junior and subordinate to the right and interest of the Plaintiff in and to the property. 8. On or about 05/02/2006, the Defendant(s),Matthew C. Akers, executed and delivered to Countrywide Home Loans Inc. one certain Promissory Note in the principal sum of$107,910.00. A copy of the Note is attached hereto as Exhibit "A"and incorporated herein by this reference. I^,..1 ,.J 9. To secure payment of the Note, the Defendant(s), Matthew C.kers, ecuted and delivered to Mortgage Electronic Registration Systems, Ia m natiinee761 Countrywide Home Loans, Inc. one certain Purchase Money Moitga e day- 5/2/2006, which Mortgage was filed on 05/04/2006, in Bk 4019' T 1 in the records for Johnson County and which was assigned to The B. _t f N_e�v Y Mellon fka The Bank of New York, as Trustee of the Certificalders>CW , 3� _ • upon the following described real estate,to-wit: Unit B, Whispering Meadows 145 Condominiums,-according to the Declaration thereof recorded in Book 3886, Page 875, Records of the Recorder of Johnson County, Iowa. Said Unit B being the Southerly portion of Lot 145, Whispering Meadows Subdivision, Part Two, Iowa City,Iowa,together with the percentage interest in the common elements of said Condominium regime, and subject to easements and restrictions of record. 10. A copy of the Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit"B"and by this reference incorporated herein. A copy of the Assignment of Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit"C"and by this reference incorporated herein. 11. The Mortgage and Note provide 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. 12. The Defendant(s), Matthew C. Akers, has failed to pay the principal and interest thereon as provided by the terms of the Note. 13. By reason of the failure to pay the principal 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. 14. The unpaid balance due on the Note after allowing all credits due to the Defendants is the principal balance of$102,954.21,plus interest to 08/23/2011 in the amount of$10,441.42. Interest accrues on the said sum at the rate of$18.34 per day. 15. In order to commence this foreclosure proceeding the Plaintiff has expended the following costs: report of title costs $250.00,pro rata MIP/PMI of$93.52, escrow balance of$2,943.42, other fees of$7.00, late charges of$613.80, recoverable balance of$1,316.00, to all which sums the Plaintiff is entitled to judgment against the property with interest at the rate of 6.5%per annum, plus 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 betty en the time of the Foreclosure Decree and the time of Sheriff's Sale, iruding= reasonable attorney's fees. =`? c-p-C I �" 16. The Plaintiff is the owner and holder of the Note and Mortgage,Z"umde i1 nd l been made for payment, and payment has been refused. ?? I� N C.) 17. Under the terms of the Mortgage a receiver may be appointed. 18. The Plaintiff, or its predecessor in interest or servicing agent, gave a Notice of Right to Cure and more than 30 days have elapsed since the notice was given. A copy of said Notice is attached hereto as Exhibit"D"and incorporated herein by this reference. 19. The Plaintiff hereby waives its right to a deficiency judgment. 20. Under the terms of said Note and Mortgage,the Defendant(s),Matthew C. Akers, has agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit"E", and incorporated herein by this reference, is an Affidavit of Attorney's Fees as required by Iowa Code §625.22 (2005). 21. Pursuant to Iowa Code § 654.4B(1) a Demand for Payment was sent to the Defendant(s), Matthew C. Akers. A copy of said Demand is attached hereto as Exhibit"F" and incorporated herein by this reference. 22. Pursuant to Iowa Code § 654.4B(2)a Mortgage Mediation Notice was sent to the Defendant(s), Matthew C. Akers. A copy of said Notice is attached hereto as Exhibit"G"and incorporated herein by this reference. WHEREFORE,the Plaintiff,prays for judgment in rem against the real estate described above for the principal balance of$102,954.21, plus interest to 08/23/2011 in the amount of $10,441.42, plus continuing interest, which accrues on the said sum at the rate of 6.5%per annum and in the amount of$18.34 per day; for the costs of this action including report of title $250.00,pro rata MIP/PMI $93.52, escrow balance$2,943.42, other fees $7.00,late charges $613.80,recoverable balance $1,316.00,plus 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; that said sums be declared a lien upon the premises above described from 5/2/2006, the date of the Plaintiff's mortgage, prior and superior to any right,title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed; that any right, title, lien or interest of the Defendants or any of them in said property be declared junior and inferior to the lien of Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as may be necessary to satisfy the judgment including interest, costs and accruing costs including, but not limited to, any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriffs sale, and that from and after said sale unci special execution, the right,title, lien or interest of the Defendants in and to the mortgmed praises be forever cut off,barred and foreclosed, and the purchaser at said sale take free aw]cdea#Af any'it right, title, lien or interest of the Defendants or any of them. N cl The Plaintiff further prays for a Writ of Possession to be issued under tltdl o€tthis Court, directed to the Sheriff of Johnson County, Iowa, commanding him to puEil%pur�haserall • • said sale under special execution, or a successor in interest, in 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. Respectfully submitted, DUNAKEY &KLATT, P.C. ', i i ► /1 Brian G. ' ayer AT0006: ' C. Anthony Crnic AT0009864 531 Commercial St., Ste. 250 P.O. Box 2363 Waterloo, IA 50701 319-232-3304 319-232-3639 (fax) generalupdates@dandkpc.com Attorneys for the Plaintiff ;Z:.; n ^ = CDL' N C"-+ ->> -t `J ( ) ry v c.7 r,/) x›.—4 '-D ..... • n-1 N rn Fri -c N EXHIBIT • Prepared by.CHRIS L DOWNS LOAN y: 134794868 NOTE i -- v, rD Ln N MAY 02, 2006 IOWA CITY IOWA: pato] (City]- (Steto]' ....- 76 THISTLE CT, IOWA CITY, IA 52290-6835 C-' t,) (Property Address] p CO 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise to pay U.S. $ 107,910.00 (this amount is called 'Principal"),plus interest,to the order of the Lender.The Lender is COUNTRYWIDE HOME LOANS, INC. . 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 6.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will malrp my monthly payment on the FIRST day of each month beginning on JUNE 01, 2006 .I will make these payments every month until,I have paid all of the principal and interest and any other charges described below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on MAY 01, 2036 ,I 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 660694, Dallas, TX 75266-0694 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.$682.06 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 tell 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. 5. LOAN CHARGES If a law,which applies to this Ioan and which sets maximum loan charges,is finally interpreted so that the interest or other Ioan 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 will be treated as a partial Prepayment. -.1 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 -j calender 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 oe.)eaEh late paymenr (B)Default -4C-) If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. :{f-1 _ ' - MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 3 In1Rah: MO ti� Page 1 of 2 -SN(0207).01 CHL(010/04)(d) VMP Mortgage Solutions,Inc.(800)521-7291 .r" Fort t 3200 1/01 et WE HEREBY CERTIFY THAT THIS 111111111 (S A TRUE Cr'.L Or THE III 1O�Fil`::lrt dr�1l_ 2 3 9 9 1 BY �����'`✓`'s • 1 3 4 7 4 4 8 8 8 0 0 0 0 0 2 0 0 5 N • • • LOAN t: 134744868 (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 fall as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 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 different 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 TITS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made itt 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. 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 Note 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 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 Instrtunent.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. tV • C) Fri Win_ L.ry 0 N WITNESS TILE HAND(S)AND SEAL(S)OF TILE UNDERSIGNED. /fit[[ v C (y'v"43 (Seal) - (Seal) MATTHEW C. AKERS -borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] CIZZ-5N(0207).01 CHL(10/04) Page 2 of 2 Form 3200 1/01 EXHIBIT f IlIllfllllillltI IIIIIIII EIIIIIIIIIiiIIII11NN11'IIIflITICI t— 1 1000 TO: 020519640014 Tvoe: OEN Recorded: 05/04/2006 at 10:49:46 AM Fee Amt: $72.00 Paae 1 of 14 .Johnson County Iowa Kim Painter County Recorder 1BK4019 Pa 1-14 i AKERS MC 009020202 zt:t2e� 111111111111111ti111�111�111111 134744866 D2 001 001 l r, X1.0 0 o •^1 [Space Above This Line For Recording Data] Cr) Prepared By: c'" iI • CHRIS L. DOWNS OCJt COUNTRYWIDE HOME LOANS, INC. C-t 1190 TWIXT TOWN RD NE i._� CEDAR RAPIDS L' r.)- - � IA 52402 '.'? Phone: (319)377-9495 After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Sox 10423 Van Nuys, CA 91410-0423 Full Legal Description located on page 3. Lender name located on page 2. 00013974486805006 - Mod I17 ft) MORTGAGE MIN 1000157-0006603282-8 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 proVlied in Section 16. (A) "Security Instrument" means this document, which is dated MAY 02, 2006 Gl ,together with all Riders to this document. • (B)"Borrower"is MATTHEW C AKERS, A SINGLE PERSON c—`'s I �� tV ril rL) . a Borrower is the mortgagor under this Security Instrument. —7,24 N -- C.J IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Page 1 of 11 CC)-6A(IA)(0405) CHL(08105)(d) VMP Mortgage Solutions,Ino.(800)521-7291 Form 3016 1/01 HI 11 11 , 11 H1j 0111 ' 2 3 9 9 1 * 1 3 4 7 4 4 8 6 8 0 0 0 0 0 2 0 0 6 A ' DOC ID #: 00013474486805006 (C)"MERS" is Mortgage Electronic Registration Systems,Inc.MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. NIERS is the mortgagee under this Security Instrument.MERS 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-MERS. (D)"Lender"is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada MSN# SVB-314, Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated MAY 02, 2006 .The Note states that Borrower owes Lender ONE HUNDRED SEVEN THOUSAND NINE HUNDRED TEN and 00/100 Dollars(U.S.$ 107, 910.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 01, 2 036 (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. (II) "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]: =Adjustable Rate Rider 1=3Condominium Rider E]Second Home Rider HBalloon Rider n Planned Unit Development Rider R 1-4 Family Rider VA Rider I Biweekly Payment Rider Other(s)[specify] (I) "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. (J) "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 shriller 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, point-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. (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) "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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation,Regulation X(24 C.P.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. (Q)"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 c_� This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals(_extensionf and modifications of the Note; and (ii) the performance of Borrower's covenants and agree lbgitOunda this Security Instrument and the Note.For this purpose, Borrower irrevocably mortgages, grantiAn1 onveys to .T..3. MERS (solely as nominee for Lender and Lender's successors and assigns) and to the succesgcys- nd afsigns _ of MERS,with power of sale,the following described property located in the ••-- 17-) N e COUNTY of JOHNSON "mo [Type of Recording Jurisdiction] (Name of Recording Jurisdiction]' i ! _ -5A(IA)(0405) CHL(08/05) Page 2 of 11 :.:Perri 3016)1/01 •cED -' C_J 10110 DOC ID #: 00013474486805006 UNIT B, WHISPERING MEADOWS 145 CONDOMINIUMS, ACCORDING TO THE DECLARATION RECORDED JUNE 7, 2005, IN BOOK 3886, PAGE 875, RECORDS OF THE RECORDER OF JOHNSON COUNTY, IOWA AND ANY SUBSEQUENT AMENDMENTS THERETO. Parcel ID Number: 1024366014 which currently has the address of 76 THISTLE CT, IOWA CITY [Stree*ICity] Iowa 52240-6835 ("Property Address"): [Tap Code] 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 MFRS holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or custom,MFRS (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 grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal,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 paptents accepted and applied by Lender shall be applied in the following order of priority: (a)interQst3due under the Note; (b)principal due under the Note; (c)amounts due under Section 3. Such payments shall be apj,1i d to m"n each Periodic Payment in the order in which it became due.Any remaining amounts shall bb;iQplied'filst to - late charges,second to any other amounts due under this Security Instrument,and then to reduceJ,e prijtcipal balance of the Note. N In►rt, � ) ."s, ;\ Ct>-6A(IA)(0405) CHL(08/05) Page 3 of 11 rtn 3O1ti 1/01 • DOC ID S: 00013474486805006 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 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 waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for 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 required 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 1b)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,.by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to preverg the enforcement of the lien while those proceedings are pending,but only until such proceedingr3re concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the-3;ien$.Q this '-'771 Security Instrument. If Lender determines that any part of the Property is subject to a lien wliiehtcan 4tain I OZt))-6A(IA)(0405) CHL(08105) Pago 4 of 11 s01bp1/01 • I (-3 N) •� D - r • DOC ID #: 00013474486805006 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 verification and/or 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,.suclh,•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 payment 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 insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,retained by 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 Ale Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender othl;Y6vise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating cirebtrislbnc xist ;1'1 which are beyond Borrower's control. ... "i7 -< 1 --4 tV r-- 4E4-6A(IA)(0405) CHL(08/05) Page 5 of 11 qw a 303877/01• yi �i qp • v✓ • DOC ID #: 00013474486805006 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or 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 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 Iimited 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 doom and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned 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 Ieasehold,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 selected 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..1Sote. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losseit may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgagd3nsurance-- fl —( • at)-6A(IA)(0405) CHL(08/05) Page 6 of VI ,FPrm�8 1/01 J rn 1-- m N .t— • DOC ID #: 00013474486805006 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 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 for 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 Iessened, 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 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. r.., All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be allied in the order provided for in Section 2. t J (.0 i -6A(I4)(0405) CHL(08/05) Page 7 of 11 .Eeemt 31116 1/01 r® tri ^7 = ''` t1) • DOC ID #: 00013974486805006 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. 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 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.Jimpit;.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 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 Iocated. 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 that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. 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 inde the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to tak ttny action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instaupnent.,j .vyr�-BA(IA)(0405) CHL(08/05) Page Sot 11 Sm.3O16 1/01 ?'' � rri ° I N) DOC ID #: 00013474486805006 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 stuns 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 stuns secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender:(a)cash;(b)money order;(c)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 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 substances: gasoline,kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and Iaws 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 Hazarslous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do2,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 gra)Hait}3dous Substance, creates a condition that adversely affects the value of the Property. The preceding-'twit seniinces r er- -6A(IA)(0405) CHL(08/05) Page 9 of 11 _etyma 3016 1/01 rri al •�x ci Nr DOC ID #: 00013474486805006 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. 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 farther 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 THAT BY SIGNING THIS MORTGAGE, X VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON TEE'S MORTGAGE. ///f40014A- f— —d6 Borrower MATTHEW C. AKERS Date Borrower Date Borrower Date Borrower Date 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. ..,.-. C) m = DOC ID #: 00013474486805006 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. /MadAs-- G /N (Seal) MATTHEW C. AKERS -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF IOWA, )O 11•%.3‘4" County ss: On this t,— day of oft a`j L90 G ,before me,a Notary Public in the State of Iowa,personally appeared AAr1ftCr 41.<-2S s icA 14 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/her/their voluntary act and deed. My Commission Expires: Notary Public in- d for said County and State CpCY 'MY C Ng 6Lu3 ,T7nlis,400 739434N —13 —t C N fV <2;-6A0A)(0405) CHL(clams) Page 11 of 1 t Form 3010 1/01 I h • ti • CONDOMINIUM RIDER • After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Prepared By: CHRIS L. DOWNS COUNTRYWIDE HOME LOANS, INC. 1190 TWIXT TOWN RD NE CEDAR RAPIDS IA 52402 Phone: (319) 377-9445 00013474486805006 [Doc ID #) THIS CONDOMINIUM RIDER is made this SECOND day of MAY, 2006 , 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 COUNTRYWIDE HOME LOANS, INC. (the"Lender")of the same date and covering the Property described in the Security Instrument and located at: 76 THISTLE CT IOWA CITY, IA 52240-6835 [Property Address] MULTISTATE CONDOMINIUM RIDER-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -8R (0401) CHL(04/04)(d) Page 1 of 3 Init1 ls• Yh61} VMP Mortgage Solutions (800)521-7291 Farm 3140 1/O1"- I 1111 11•1r - 11,0111111111:j 2 3 9 9 1 . 1 3 4 7 4 4 8 6 8 0 0 0 :0.0 2 0 -0 8 R . DOC ID #: 00013474486805006 The Property includes a unit in,together with an undivided interest in the common elements of,a condominium project known as: SADDLEBROOK MEADOWS [Name of Condominium Project] (the"Condominium Project").If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents.The "Constituent Documents" are the: (i)Declaration or any other document which creates the Condominium Project; (ii) by-Iaws; (iii) code of regulations; and(iv) other equivalent documents.Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B.Property Insurance.So long as the Owners Association maintains,with a generally accepted insurance carrier, a"master" or "blanket"policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire,hazards included within the term"extended coverage,"and any other hazards,including,but not limited to, earthquakes and floods,from which Lender requires insurance,then: (i)Lender waives the provision in Section 3 fox the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. C.Public Liability Insurance.Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation.The proceeds of any award or claim for damages, direct or consequential,payable to Borrower in connection with any condemnation or other taking of all or any part of the Property,whether of the unit or of the common elements, or for any conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender.Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i)the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii)termination of professional management and assumption of self-management of the Owners Association;or (iv)any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. Initials: n`C -8R (0401) CHL(04/04) Page 2 of 3 :Form 3140 1/01 -,1 -0 ,7)—‹ 1 N rn rn CD-- •. DOC ID #: 00013474486805006 F.Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. �{p�� / // , c (Seal) MATTHEW C. AKERS -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower a)-8R (0401) CHL (04/04) Page 3 of 3 Form 3140 1/01 O —1 c'3 N r rn -131 rn (Page Zof 1) EXH I B 111111111111111111111111111111111111111111111311111111,11$3111 DocdDoc ID: 021773600001 Type: GEN A • Recorded: 03/25/2010 at 02:33:67 PM Fee Amt: $9.00 Paae 1 of 1 Johnson County Iowa Kim Painter County Recorder BK4568 PG592 uI • L,r .- ern Z 2C. C No rn CDC)/ r- 7..1) —t 7..1) —p s • - ,, �C •' Prepared by: James V.Sarcone,Jr.,666 Walnut Street Suite 2000,Des Moines,IA 50309-3989,515-243-7100 Return to: )aures V.Sarconc,Jr.,666 Walnut Street,Suite 2000,Des Moines,IA 50309-3989 515-243-7100 v v GJ • ASSIGNMENT OF MORTGAGE-IOWA •C° --t For value received,Mortgage Electronic Registration Systems, Inc.,as nominee for,Countrywide Home Loans, Inc., hereby sells, assigns and transfers to The Bank of New York Mellon FKA The Bank of New York, as Trustee of the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-18CB, Mortgage Pass-Through Certificates, Series 2006-18CB, its successors and assigns, all its right, title and interest in and to a certain mortgage executed by Matthew C.Akers,to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc.,and bearing the date of May 2, 2006 and recorded in the office of the Recorder of Johnson County,State of Iowa,in Book 11019,Page 1. Signed the day of HAR 1 6 ,2010. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR COU RYWIDE HOME LOANS,l BY J, \ / / KERt SEt u.AblASSIRrANT VIr:p PaFainnti TITLE STATE OF TEXAS ) COL-IN ) ss COUNTY OF ) On this day of 10 1 6 , 2010 before me a notary public in and: 'or said-county, personally appeared Keti Salrrtart to me personally known, who being Iiy~t duf sword':a did say that he/she is Assistant Vice preSident of said corporation, that no seal has beerrjroCui-ed b ; the said corporation and that said instrument was signed on behalf of the said corporatib b` au1igrity of its board of directors and the said Assistant Vka President acknowledged the e4on of sac instrument to be the voluntary act and deed of said corporation by it voluntarily execute. m 2 `: 0 e:•.. .', JACKIE GREENWAID ... *,' Notary Public,State of Texas , My Commission Ezptres Nbt Public to and for said State _ DA1BAMtgLLCAkerslAOM.doc ,�, +' � October 30,2011 • Book 4568, Page 592, File Number • BankofAmerica • - EXHIBIT Send Payments to: Home Loans • P.O.Box 650070 Dallas, TX 75265-0070 P.O.Box 650070 Dallas, TX 75265-0070 '`.- February 28, 2011 '- - Date of Mailing this Notice r_ W Orn r ` " Matthew C Akers c-rl -10 74 Thistle Ct C]Q I � Iowa City,IA 52240 6835 Account No.: 134744868 G C1+ Na1-800-405-0078 "D Telephone Number of Creditor Loan Counseling Center :<—i Creditor Contact -C') O W NOTICE OF RIGHT TO CURE DEFAULT G ,CJ D Dear Matthew C Akers: Legal Description of mortgaged property: Per Abstract The home loan note described above is now in default because the required installment payments on the loan have not been made. You have the right to cure this default. To cure this default, on or before March 30, 2011. BAC Home Loans Servicing, LPmust receive the following payments: Monthly Charges: 03/01/2010 $9,461.00 01/01/2011 $1,847.14 Deferral or delinquency charges: $2,002.70 TOTAL REQUIRED TO CURE THE DEFAULT AS OF THE DATE OF THIS LETTER: $13,310.84 Please note that additional regular monthly payments, late charges.fees and charges may become due on or before March 30,2011 and these amounts must be received by BAC Home Loans Servicing, LP by March 30,2011 to cure the default. If this default is cured, this obligation can continue as though it were not late. The default will no be considered cured unless BAC Home Loans Servicing, LP receives"good funds" in the amount of$13,310.84 on or before March 30, 2011. If any check (or other payment) is returned to us for insufficient funds or for any other reason,"good funds"will not have been received and the default will not have been cured. No extension of time to cure will be granted due to a returned payment. BAC Home Loans Servicing. LP reserves the right to accept or reject a partial payment of the total amount due without waiving any of its rights herein or otherwise. For example, if less than the full amount that is due is sent to us,we can keep the payment and apply It to the debt but still proceed to foreclosure since the default would not have been cured. If this default and breach of the terms of your home loan is not cured by the date set forth above,the sums secured by your property will be accelerated,and we will immediately proceed with initiating a foreclosure action or procedure. You may, If required by law or your loan documents, have the right to cure the default after the acceleration of the mortgage payments and prior to the foreclosure sale of your property if all amounts past due are paid within the time permitted by law. Further,you may have the right to bring a court action to assert the non-existence of a default or any other defense you may have to acceleration and foreclosure. If a foreclosure action or procedure is necessary,we may seek judgment for all attorney fees, abstracting expenses and all other costs associated therewith, in addition to a decree of foreclosure. Further, if BAC Home Loans Servicing. LP forecloses on your property, BAC Home Loans Servicing, LP may pursue a deficiency judgment against you to collect the balance of your loan, if permitted by law. If a default on your home loan occurs again within the next year, BAC Home Loans Servicing,LP may accelerate the balance of your home loan and immediately commence foreclosure on your property without sending another notice like this one. Your loan is in default. Pursuant to your loan documents. BAC Home Loans Servicing,LP may,enter upon and conduct an inspection of your property. The purposes of such an inspection are to (I) observe the physical condition of your property, (ii)verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection.other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. This communication is from BAC Home Loans Servicing,LP,the Bank of America company that services your home loan. Please write your account number on all checks and correspondence. We may charge you a fee(of up to$40.00)for any payment returned or rejected by your financial institution.subject to applicable law. BLOIA 12864 12123E2010 Pay""n Instructions: 'Account Number: 134744868-8 • " Make your check payable is BAC Matthew C Akers Balance Due for charges listed above:Si 3.310.8 of February 28,2011. Home Loans Servicing.LP 76 Thistle CT Please update e-wwlnformatenar1rs reverse side of this coupon. " Donl send cash Montrose,CO Please inducts coupon with your AddlioMt-^r '"" n C!) r;!!�yy, Pdnotpet 1-+—"" Fri - ■ PaymentPd .� / MEMO, For all lull month payment periods. Addelorrat l `_\ I interest us calculated on a monthly basis. it nl11l"ill"II�"IIIIII'III'IlII"IlII'ilIlll'I'I""I"I"IIIlI Escrow lV it Accordingly.interest for al ful months. including February. us calculated as BAC Home Loans Servicing, LP r- 30/360 301360 of annual interest.irrespective of Ch f� PO BOX 650070 the actual'montes of days i the month. Total -+ .15 For partial months,merest is calculated Dallas,TX 75265-0070 (7 kms'••• daily m the basis of a 365 day year. 1-800-405-0078 `f'' N ..".. 134744868800001331084001331084 > -- -- 1: 5869900 581: L31, 7L.L.86811' • • ' If you are unable to cure the default on or before March 30, 2011, BAC Home Coans Servicing,LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least %of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure,it is possible that the sale of your home can be approved through BAC Home Loans Servicing.LP even if your home is worth less than what is owed on it. • Deed-in-Lieu:Or, if your property is free from other liens or encumbrances,and if the default is due to a serious financial hardship which is beyond your control,you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are Interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance,BAC Home Loans Servicing,LP will need to evaluate whether that assistancewill be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by March 30, 2011 as outlined above will result in the acceleration of your debt. If your loan is currently being evaluated for a loan modification,forbearance or other loan assistance solution,this notice will net, cancel or delay that evaluation process. However, it is important that you promptly respond to all requests made in connection with your evaluation for a loan assistance solution, including all requests for you to contact us and any documentation required. If you do not comply with these requests in a timely manner, it may cause your loan to enter the foreclosure process as indicated in this notice. If your loan is not eligible for a loan assistance program, please note this letter will continue to serve as notice of our right to initiate foreclosure. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-405-0078. Sincerely, BAC Home Loans Servicing, LP ry o O "- w 7-4:: r r rn rn � -- N 7.3 .r. This communication is from BAC Home Loans Servicing,LP,the Bank of America company that services your home loan. E-mail use:Providing your e-mail address below will allow us to send you information on your account. How we post your payments: All accepted Account Number:134744868 payments of principal and Interest will be applied to Matthew C Akers E-mail address: the longest outstanding installment due, unless otherwise expressly prohibited or limited by law. If you submit an amount in addition to your scheduled monthly amount, we will apply your payments as follows: (i) to outstanding monthly payments of principal and interest,(ii)escrow deficiencies,(iii)late charges and other amounts you owe in connection with your loan and (iv) to reduce the outstanding principal balance of your loan. Please specify if you want an additional amount applied to future payments. rather than principal reduction. Postdated checks: Postdated checks will be processed on the date received unless a loan counselor agrees to honor the date written on the check as a condition of a repayment plan. • • • Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more.. When you call, please have your income and expense information available so we can discuss which option(s)could work for you. Options to consider if your goal is to stay in your home ;n•i .,:... ,... • ...,..tea::...,:.:.,. --"..::}.::.,;¢v:• ..:.,# ':.x%t: ,•. • >•a..L. �`. F :.•.>>:�>"i:..i':`.£GF{d5d::5F£-i:::x::•5:3F5:kxY{R`v '<:?22x2xx>.-.#.. w:::�.5 .: .rf.}:ttt•>:%•+?}:.:^}:•:4»'i'•�: •£:.v•.v:::...A.::.v.}>}}}>:to}>}50c,F:'«•?:•,5::',•}}:iuixSY:?'CY'.L,.2v:n»v::. u 55.n:}:b:{.:{:.S ,,,:-,:. ,.5:....�:.::L.::•,::v:::}±1....`?L:3{t.:.::v.�::}}.v.:ry:.:v:--,2, 2vEf.}.r.........v. ...... .. .. ..:{. ,T ... .......:...���� �,..�. .....3 .......................::.. .............. ,t: .:,:.:..::..�::::::i.�:::�:::.:.::::::••xL:`:::z;:}:.};:-r .......-:,•-:;.:i{>••.:<.a::xsissii�<Y;�t::;:xx:::.;»x:>x<fi>3E�ttztxi:i>t<�_=' .:;.:•......:...:,:,>:.«;L;f.>::�<.;::...•,>:;.:;.5:;t->:«t->}:.:..�.<>:,....>........,:.....::..,,::>.z..L:,o:t.:x..,..,:...,..:.�,..,>....,,:,.>.._.....>,..._,.............x.:,&x�xxk'a;«x<.:,>.<v...........;. Home A federal government program that allows you to repay the loan on newly agreed upon terms, which Affordable may include lowering the interest rate, placing past due amounts at the end of the loan,and/or Modification extending the term of the loan.You may be eligible for this program if you meet the following Program requirements: (HAMP) • The home is your primary residence and you currently live in it. • The amount you owe on the first mortgage is equal to or less than$729,750 for a single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or$1,403,400 for a 4 unit property • You have experienced a hardship that has impacted your income. For example, a significant increase in your mortgage payment OR reduction in your income OR other hardship. • Your mortgage was obtained before Jan. 1, 2009. • Your payment on your first mortgage (including principal, interest, taxes, insurance and homeowner's association dues, if applicable)is more than 31%of your current gross income. To calculate this, divide your first mortgage payment by your gross income (income before taxes). Loan If you can bring your loan payments up to date,we will accept the funds needed to bring the loan up Reinstatement to date until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along with Plan regular mortgage payments. This may include principal, interest, fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for a Forbearance period of time,to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placing Modification amounts past due at the end of the loan, and/or extending the term of the loan. (non-HAMP) Partial Claim If you have a Federal Housing Administration (FHA)loan and your payments are past due but you (FHA loans are now able to make your regular monthly mortgage payment,this program is designed to bring your Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home ... ........:::.::......:::.:....::..:....... 2x:c ......... ..::::.?:}.moi?}»:>?i>>:;�}}}}>:.:�;.}>rir}ir}>!}}}•:.: .. }}r:}}?::.:>:::.}::.:!.}:L<i«.?:;:.i:.;:.'i::L.LSLLL.?:i.}i}}i}}}::::v:::::::::::::.....:...............................................................................x..x i•-:.............. .... .................:. Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HAMP) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transaction Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agreement Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (HAFA) foreclosure.A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short Preforeclosure sale, you sell your properly for less than the total amount owed on the loan (subject to agreement by Sale your servicer/lender/investor), resulting in the release of our lien on your home and aAidance of (non-HAFA) foreclosure. -" Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives,..an.dWho werlaot Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosufe-you agree to.�.. (non-HAFA) voluntarily transfer ownership of your property to us in order to avoid forecic t. I We are here to help you. Please call us today?. ) ry �> 224 74 5956 7 • • Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificacion adjunta para obtener más informacion Cuando (lame, tenga la informacion de sus ingresos y gastos disponibles para que podamos • discutir cual opcion(es) pueden funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa >;Pr:.o ratan »f« Home Affordable Un programa del gobierno federal que le permite pager el prestamo bajo los nuevos terminos Modification acordados, que pueden incluir la reducci6n de la tasa de interes, agregando la cantidad adeudada Program(HAMP) al final del prestamo, y/o extender el plaza del prestamo. Usted puede ser elegible para este programa si cumple con los siguientes requisitos: • La casa es su residencia principal y actualmente vive en ella. • La cantidad adeudada en la primera hipoteca debe ser igual o menos que$729,750 d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades • Ha experimentado una dificultad que ha afectado sus ingresos. Por ejemplo, un aumento significativo en su pago hipotecario 0 reducci6n de sus ingresos U otras dificultades. • Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de la primera hipoteca (incluyendo principal, interes, impuestos,seguro y cuotas de asociaciOn de propietarios, si se aplica)debe ser mes del 31%de sus ingresos brutos actuates. Para calcular esto, divide su pago hipotecario por sus ingresos brutos(ingresos antes de impuestos). Restablecimiento Si usted puede traer sus pagos del prestamo hipotecario al dia, se le aceptaran los fondos del Prestamo necesarios para que el prestamo este al dia hasty la fecha de la yenta judicial. Plan de Pago Un acuerdo temporal que permite el pago de la cantidad adeudada, cantidad del pago atrasado junto con los pagos regulares de la hipoteca. Esto puede incluir principal, interes, honorarios y/o costos aplicados a su prestamo. Acuerdo Un acuerdo por el cual nos comprometemos a no proceder con la ejecuciOn hipotecaria y/o Temporal de colecci6n de pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia hacer los pagos requeridos. Modification de Pagar el prestamo baja los nuevos terminos acordados, que puede incluir la reducciOn de la tasa Prestamo de interes, agregando la cantidad adeudada al final del prestamo,y/o extender el plaza del (no por medio prestamo. de HAMP) Reclamo Parcial Si usted tiene un prestamo de la Administracian Federal de Vivienda (FHA)y sus pagos estan (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca,este programa prestamos de la este diserado para que su prestamo este al dia mediante la creation de una segunda hipoteca/ FHA) gravamen sabre su propiedad por la cantidad adeudada. Opciones a considerar si no puede o no desea quedarse en su casa ir:•. /�!� ' 'NtiC est. n gin Home Diserlado para ayudar a los prestatarios que son elegibles para el Programa de Home Affordable Affordable Modification (HAMP), pero no tuvieron exito en obtener una modification permanente a traves del Foreclosure programa. HAFA ofrece la posibilidad de una yenta coria y, si no tiene exito, una entrega de Alternatives escritura para evitar juicio hipotecario. Una yenta corta es una transacciOn en la que usted vende su Program propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo acuerdo de su (HAFA) administrador/ prestamista/inversionista), resultando en la liberaci6n de nuestro derecho de retencibn sabre su propiedad y evitar la ejecuciOn hipotecaria. Una entrega de escritura para evitar juicio hipotecario es una transaction en la que usted este de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. Vents Corta/ Se ofrece a los prestatarios que no son elegibles para HAMP u otras alternatives de retencibn de Venta antes de hogar. Con una vents carte, usted vende su propiedad por menos de la cantidad total adeudada en Ejecucion el prestamo (sujeto a un acuerdo por su administrador/prestamista/inversionista), resultando en la Hipotecaria(no liberaciOn de nuestro derecho de retencibn sabre su propiedad y evitando la ejecuci{,tthipotecaria. por medio de HAFA) C E -n g Entrega de Se ofrece a los prestatarios que no son elegibles para HAMP u otras altern iiras d��3YtenciOr cle Escritura Para hogar, y que no pudieron vender la propiedad a traves de una vents coria. C,onlina entrega e . Evitar Juicio escritura para evitar juicio hipotecario, usted este de acuerdo a transferir voYuntariar me lar Hipotecario escrituras de su propiedad a nosotros para evitar la ejecuci6n hipotecaria. (no por medio F l -D de HAFA) Estamos aqui para ayudarlc. Por favor llamenosoy. • EXHIBIT 1 E . , IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON'COUNTY • THE BANK OF NEW YORK MELLON FICA THE BANK OF NEW YORK, AS CASE NO. TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., AFFIDAVIT FOR ATTORNEY FEES ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB, Plaintiff, ��' ` cn v, CD VS. -71 -0 C-) t -'D. " no MATTHEW AKERS, SPOUSE OF -- MATTHEW AKERS, CITY OF IOWA __,..c--) zl- CITY, ROCHESTER AVENUE LC,THE E- -.- STABLES, L.L.C.,AND PARTIES IN b co -= POSSESSION, `' Defendants. STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK ) I, C. Anthony Cmic, being first duly sworn on oath, hereby depose and state that I am a member of the firm of Dunakey & Klatt, P.C., the attorneys for the Plaintiff in the above-entitled cause;that I am familiar with the terms of the Note and Mortgage sued upon herein as attorney for the Plaintiff; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am a regular 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 fee. ry for herein. jAite:t4esci -.' " C. Anthony Cmic >z4- 71, ::::1n N r Acknowledged before me this 1st day of September, 2011. ::<r- i &CY\ f'VV i.i . N Notary Public in and for tie Stat of Iowa DAWN MILLER Iowa Notarial Seal Commission Number: 752350 My Commission Expires: 04/17/20 t4 EX BIT . DUNAKEY & KLATT, P.C. ATTORNEYS AT LAW • DAVID D.DUNAKEY • CURTIS J.KLATT.• DAVID P.ODEKIRK • CHARLES P.AUGUSTINE • BRIAN G.SAYER MICHAEL O.TREINEN • TERESA A.RASTEDE • C.MORGAN LASLEY • CRYSTAL W.RINK • C.ANTHONY CRNIC WATERLOO OFFICE INDEPENDENCE OFFICE 531 COMMERCIAL STREET,SUITE 250 . 221 FIRST STREET WEST P.O.BOX 2363 P.O.BOX 484 •WATERLOO,IOWA 50704-2363 INDEPENDENCE,IOWA 50644-0484 TELEPHONE: (319)232-3304TELEPHONE: (319)334-2590 FACSIMILE: (319)232-3639 FACSIMILE: (319)334-5975 August 9,2011 Matthew C.Akers ,---r— 1,-.) ',17 rn 76 Thistle Court "D _ Iowa City,IA 52240 /C ./-.1 • a DEMAND FOR PAYMENT I ti en IV Re: Loan No. 134744868 -v �` Property Address: 76 Thistle Court Iowa City,IA 52240 :<-.4 Name of current creditor/servicer: Bank of America —,:--) •- Address of current creditor/servicer: 7105 Corporate4868 - co co PTX B-35,Plano,TX 75024 --I Deed of Trust/Mortgage Dated: May 2,2006 Accelerated Balance: $118,369.37 Dear MORTGAGOR(S): Bank of America,on behalf of the owner and holder of your mortgage loan,and in accordance with the referenced Deed of Trust/Mortgage and applicable state laws,provides you with formal notice that your balance has been accelerated. Below is a summary of your accelerated balance: Principal: $ 102,954.21 Interest: $ 10,441.42 Late Charges: $ 613.80 Escrow Balance: $ 2,943.42 Recoverable Balance: $ 1,316.00 Other Charges: $ 7.00 Pro Rata MIP/PMI: $ 93.52 Total Due $ 118,369.37 You must pay the accelerated balance of$118,369.37 within 14 days of the date of this letter or your property that is collateral for the Note may then be scheduled for foreclosure in accordance with the terms of the Deed of Trust/Mortgage and applicable state laws.If you have not cured the default by August 23, 2011 additional amounts may become due and payable under your Note and Deed of Trust/Mortgage. You have the right to reinstate your loan after acceleration and the right to bring a court action to claim that your loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Payment must be in the form of cashier's check,money order,or bank certified funds. IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING,THIS IS FOR INFORMATIONAL PURPOSES ON jY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONA`F3.Y. CD — This matter is very important. Please give it your immediate attention. -, Sincerely, -tt`3 r r ril Default Administration Department rl * amour r• ' • 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. he 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 homeawners who call Iowa Mortgage Help. Ml The fact that a foreclosure petition may be or has b-4-ifile 'agai( you does not necessarily mean that you will lose yoirdtous ?It isINNO OT too late. There is still time for help. 'n -sic ET.) ,. ry Do Not Delay. This may be your best chance Or savin your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.cam. This free call could save your home. (.4o CZ)Cr; N Iowa Mortgage Help 1-877-622-4866 - www.lowaMortgageHelp.com oc") Dz, co 1 This notice is being provided as required by Iowa Code section 654.4B(2). END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE• PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540•(319)356-6030 PLAINTIFF : US BANK Docket No 11-04395 State IOWA vs. Court No EQCV073703 County JOHNSON DEFENDANT: WINTERS, KIMBERLY J Ref No Received 08/11/2011 DEFENDANT: SPOUSE OF KIMBERLY J WINTER: DEFENDANT: CITY OF IOWA CITY Requestor(s) Phone SARCONE,JAMES V JR (515)283-4624 666 WALNUT ST, DES MOINES, IA 50309 0 Name CITY OF IOWA CITY Zone ( 51C, �" f Party Type DEFENDANT Phone Fax Address CITY CLERK/CITY HALL ) cu n 410 E WASHINGTON ST z.4,rn Il IOWA CITY IA 52240- E-Mail 2240 E-Mail cr-i Employer Comments MNI Information Race Sex Birth Date Age Hair Height Weight SSN Eyes Skin Notes Documents Document Serve by Date OE PSR Description/Special Instructions MORTGAGE MEDIATION ❑ ❑ NOTICE ORIGINAL NOTICE AND ❑ ❑ PETITION 'Service Information Date g /S Jf! Time l 7 Type Party ibk f Relationship Cs, C' f cr(C Race l/) Sex F DOB Location I/ 6i`6 (4.,(A-5 (c iii Miles (-0 Fee l /l, Officer S Attempts Log Date Time Server Notes Date Time Server Notes Notes: Printed:Thursday,August 11,2011 Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ) U.S. BANK, NATIONAL ASSOCIATION ) EQUITY NO. Plaintiff ) �� 0 V� 3-1 (� V. ) ORIGINAL NOTICE KIMBERLY J. WINTERS; SPOUSE OF ) KIMBERLY J. WINTERS;CITY OF IOWA CITY, ) a - IOWA; ) Defendants. ) =c, 6""" {+ ri M TO THE ABOVE-NAMED DEFENDANTS: You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendants in this action. A copy of the petition, and any documents filed with it, is attached to this notice. The name and address of the Plaintiffs attorney is James V. Sarcone, Jr., Belin McCormick, P.C., 666 Walnut Street Suite 2000, Des Moines, Iowa 50309-3989. The attorney's phone number is 515-283- 4624; facsimile number 515-283-4653. You must serve a motion or answer within twenty (20) days after service of the Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of Court for Johnson County, at the County Courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate yin court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext. . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2943.) - BERKLi:. 3itn " (1u/1v u- l (IPst p-tt CLE ,K OF THE ABOVE C IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS CG : Cly (cov-e r onl ) 1Ge__ • • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ) U.S. BANK, NATIONAL ASSOCIATION ) EQUITY NO. Plaintiff ) & C\/O137D3 v. ) PETITION(FOR MORTGAGE , ) FORECLOSURE AND RECEIVER) KIMBERLY J. WINTERS; SPOUSE OF ) ^ KIMBERLY J. WINTERS; CITY OF IOWA CITY, ) c5 ' IOWA; ) ;, = ty Defendants. ) 2 < 717 -043_ COMES NOW the Plaintiff and for cause of action against the Defendants,the Plaintif stats NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. I. That Plaintiff is a foreign corporation; Defendants, Kimberly J. Winters and Spouse of Kimberly J. Winters are natural persons last known to reside in Johnson County, Iowa; Defendant City of Iowa City, Iowa is a political subdivision of the State of Iowa 2. That on or about the 19th day of August, 2009, the Defendant, Kimberly J. Winters made, executed and delivered to Residential Mortgage Network, Inc. one certain Promissory Note in writing bearing the date aforesaid in the principal sum of $109,254.00 bearing interest at the rate of 6.5000 percent per annum after maturity, and Exhibit"A" hereto attached and by this reference incorporated herein and made a part hereof is a true and correct copy of said Promissory Note. 3. That at the time of the execution of said Promissory Note, Exhibit"A" aforesaid, and as a part of the same transaction for the purpose of securing said Note with interest thereon and other sums hereinafter mentioned, the said Defendant, Kimberly J. Winters made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Residential Mortgage Network, Inc. one certain Mortgage in writing, transferring and conveying unto Mortgage Electronic Registration Systems, Inc. as nominee for Residential Mortgage Network, Inc. the following real estate situated in Johnson County, Iowa, to-wit: Unit 842, Lot 16, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa and Exhibit"B"hereto attached and by this reference incorporated herein and made a part hereof, is a true and correct copy of said Mortgage. 4. That on August 25, 2009, the said Mortgage was duly recorded in Book 4498, Page 258, of the records of the office of the Recorder of Johnson County, Iowa. 5. The aforesaid Mortgage has been assigned to the Plaintiff herein. 6. That the said Defendant, Kimberly J. Winters, has defaulted in the monthly payment of interest and principal and has neglected and failed to pay the installments as provided in the written instrument aforesaid and is now in default of the said payments for several months last past, and the Plaintiff does now elect to and hereby does declare the whole of said Note and Mortgage due and payable forthwith. d..:-1 11 I J �.. r— N 0'1 7. That the balance due on said Note and Mortgage as of August 1, 2011, is $111,590.71, including principal and interest and advancements, after allowing due credit to the Defendants for all payments made. 8. That in the preparation of this Petition and cause of action for presentation to the Court, it was necessary for Plaintiff to employ an attorney to represent and serve it herein, and for this purpose Plaintiff has retained and employed Belin McCormick, P.C., Attorneys at Law of this Court. 9. That the Plaintiff is willing and now offers, upon payment of the amount due it as heretofore set forth, to cancel the Note declared on, discharge of record the Mortgage securing the same, and to do all things that equity and good conscience may require of it. 10. That the Plaintiff has been made to incur the expense in the sum of$200.00 for continuing the abstract of title to the mortgaged premises, which is the reasonable charge for same. 11. That the Defendants herein have or claim to have some lien upon or interest in thejortgaged premises, but the Plaintiff avers that whatever lien or interest they or any of them n ve ereon.. herein, the same is unior and inferior to the lien of Plaintiff's Mortgage, Exhibit" ' `' J ��� the—amoyt . hereinbefore set out. cn 1 -� _ 12. That Plaintiff waives its rights to a deficiency judgment in this matter. ry 13. That a Notice of Right to Cure Default, Exhibit"C", was mailed to the Defendant Kimberly J. Winters, more than 30 days prior to the filing of this foreclosure action/Petition and the defaults set out therein have not been cured. 14. That a fourteen day demand for payment of the accelerated balance of this mortgage was mailed to the Defendant, Kimberly J. Winters, borrower herein, on July 26, 2011, Exhibit "D". This mailing was more than 30 days after the mailing of the Right to Cure Default referenced in Paragraph 13 of the petition. 15. Attached hereto is a Mortgage Mediation Notice, Exhibit"E", which was mailed to Kimberly J. Winters,owners of the above property on July 26, 2011. 16. Spouse of Kimberly J. Winters is included as a Defendant herein because he is the spouse of the record titleholder of the above property and a party in possession of said property. 17. City of Iowa City, Iowa is included as a Defendant herein because of the following: (a) Mortgage in the sum of $38,000.00 covering the above property, executed in its favor by Kimberly J. Winters and recorded August 25, 2009 in Book 4498, Page 265 of the Johnson County, Iowa records; and (b) Mortgage in the sum of$25,000.00 covering the above property executed in its favor by Kimberly J. Winters and recorded August 25, 2009 in Book 4498, Page 272 of the Johnson County, Iowa records. WHEREFORE, Plaintiff prays: FIRST: That a Receiver be appointed by the Court to take immediate possession of the mortgaged premises hereinbefore described, with power and authority and the duty to keep, repair, maintain and insure the premises, buildings and other improvements thereon; to lease the same and collect the rents, issues and profits arising which may be had therefrom, and to retain and dispose of said rents and profits as said Mortgage provides and as the Court may hereafter determine and direct. SECOND: (a) That the Plaintiff have judgment in rem, against the mortgaged premises in the sum of$111,590.71 with interest at 6.5000 percent from August 1, 2011, and have such additional sum or sums as may hereafter be advanced for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law. (b) For reasonable attorney's fees upon the Note, interest and other sums advanced by the Plaintiff as set out above, and for the costs of this action. THIRD: That said judgment be declared to be a lien upon the mortgaged premix involved herein from and after the date of execution of said Mortgage, Exhibit"B", to-wit, A'hgAt 1 2009,.. J `�v_ c- X99 upon the rents, issues and profits arising and which may be had therefrom from and a tepkie cIMP ofg C.11e of this Petition, and that said lien be declared to be prior and paramount to the lierrfig interest ora Defendants upon and in the said property. - r, d. c_� FOURTH: That Plaintiff's Mortgage aforesaid, Exhibit"B", be foreclosed, and that'a special execution issue for the sale for the mortgaged premises, or so much thereof as may be necessary to satisfy the said judgment with interest and costs. FIFTH: That in the event the property aforesaid does not sell for sufficient to satisfy the judgment herein, the net proceeds from the rents, issues and profits which may be had therefrom, from and after this date, be applied upon said judgment until the same is fully satisfied. SIXTH: That after the Sheriff's sale of the above described premises pursuant to a special execution issued herein, a Writ of Possession issue herein under seal of this Court directed to the Sheriff of Johnson County, Iowa, commanding him to put the Grantee under Sheriff's Deed in possession of the premises deeded to him, and to remove any Defendants, or persons claiming by, through or under any of them, or any person in possession thereof, out of such possession of said premises. SEVENTH: That Plaintiff have such other and further relief as the Court may find it to be entitled to in equity. Belin McCormick,P.C. BY JAM S V. SARCONE,JR. AT0006913 666 Walnut Street, Suite 2000 Des Moines, IA 50309-3989 Telephone: (515)283-4624 Fax No.: (515)283-4653 e-mail:jvsarcone(a,belinmccormick.com ATTORNEYS FOR PLAINTIFF D:\Firstar\W inters\petset.docx ria CI 1A rn N 1> Cil • FHA Case No. 161-2645910-703 August 19,2009 [Date] NOTE MIN: 100331100006063255 842 Longfellow Court Iowa City, IA 52240 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"means Residential Mortgage Network, Inc. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Nine Thousand Two Hundred Fifty Four and 00/100 Dollars(U.S.$ 109,254.00 plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender,at the rate of Six and 500/1000 percent ( 6.500 %) per year until the Ml amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated that same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on October 1st 2009 . Any principal and interest remaining on the 1st day of September , 2039 , will be due on that date, which is called the "Maturity Date". (B) Place Payment shall be made at 2461 10th Street Suite 308 Coralville, IA 52241 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $690.56 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this dote,theevenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Nto ns if Lh-e allonge were a part of this Note. -71 [Check applicable box.] ❑ Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Other [specify] -n r- 5. BORROWER'S RIGHT TO PREPAY =fir rrt _tv j'n Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without ce or}i'>snalt) c1 the first day of any month. Lender shall accept prepayment on other days provided that borrowe Lays in(ast on't amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulfi?iibns of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and 000/1000 percent ( 4.000 %) of the overdue amount of each payment. FHA Multistate Note-10/95 Page I oft EXHIBIT 1103.CV(10/08) IC1 1807 .o a 9 (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note`does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. The undersigned borrower(s)receipt of a copy of this instrument. •I ' (SEAL) Borr.wer Kimberly J. 41.rs (SEAL) Borrower (SEAL) Borrower Borrower '�_ (SEAL) Pay to the order of Without Recourse `-) (SESAL) U.S. t3Brlk rl•A• Borrower rr rn t24.244- --'' Teresa Bui ver rocri r Vice Presiaent Borrower (SEAL) Pav to the Order Of • 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 AGREEMENT(S)ONLY BY ANOTHER WRITTEN AGREEMENT. THIS NOTICE ALSO APPLIES TO ANY OTHER CREDIT AGREEMENTS (EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) NOW IN EFFECT BETWEEN YOU AND THIS LENDER. The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument. .1)1S‘4-41, B ow' Kimberly fir rs Borrower Borrower Borrower Borrower Borrower August 19,2009 Date ry c.3 m C7 — p•� -fin v7 i EN c 53 cn B:\ADDENNOT.LET 1916.Cr Plus(9/97) (Page 1 of 7) • 501115 111111111111111111111111111111111111 Recorded: 02/65050007 t Tv022:42 Aft Fee Amt: 638.00 Paas 1 of 7 Johnson County Iowa Kim Painter County Recorder BK4498 P°258-264 , 1 H 1 erfurci OCChe3 [Space above reserved for Recorder of Deeds certification) Prepared By:Michelle A.Kaas Residential Mortgage Network,Inc.2461 10th Street Suite 308 Coralville,IA 52241 (319)354-7501 When Recorded Return To:Residential Mortgage Network,Inc.2461 10th Street Suite 308 Coralville, IA 52241 1. Title of Document MORTGAGE 2.Grantor(s):Kimberly J.Winters,an unmarried woman 3. Grantee(s):Residential Mortgage Network,Inc. 4, Statutory Mailing Address(s):2461 10th Street Suite 308 Coralville,IA 52241 5. Legal Description:Page 2 r.► 0 6. Parcel Identification Number. ;n G-1 ..o 7. Document or Instrument#: — n -n 1-1-1ITI � o 0�o t•;, Initials 16257,CV(909) ICI 1807 Page I of 5 00P0(0009ca1c) EXHIBIT D 4498. Parte 258. File Number (Page 2 of 7) FHA Case No. State of Iowa MORTGAGE 161-2645910-703 MIN: 100331100006063255 THIS MORTGAGE("Security Instrument')is given on August 19th , 2009 .The mortgagor is Kimberly J.Winters,an unmarried woman ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems,Inc.("MERS")(solely as nominee for Lender,as hereinafter defined,and Lender's successors and assigns),as beneficiary.MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,M148501-2026,teL (888)679-MERS. Residential Mortgage Network,Inc. ("Lender") is organized and existing under the laws of the State of Iowa , and has an address of 2461 10th Street Suite 308 Coralville,IA 52241 Borrower owes Lender the principal sum of One Hundred Nine Thousand Two Hundred Fifty Four and 00/100 Dollars(U.S.$109,254.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the foil debt,if not paid earlier,due and payable on September I,2039 .This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS the following described property located in Johnson County,Iowa: Unit 842,Lot 16,Longfellow Manor,Iowa City,Iowa,according to the plat thereof recorded in Book 35, Page 274,Plat Records of Johnson County,Iowa. THIS IS A PURCHASE MONEY MORTGAGE which has the address of 842 LonJfellow Court Iowa City [Street] (Chyl, Iowa 52240 ("Property Address"); [Zip Code] 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 Instillment;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 or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1.Payment of Principal,Interest and Late Charge.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and late charges due under the Note. 2.Monthly Payment of Taxes,Insurance,and Other Charges. Borrower shall include in each monthly payment,together with the principal and interest as set forth in the Note and any late charges,a sum for(a)taxes and special assessments levied or to be levied against the Property,(b)leasehold payments or ground rents on the Property,and(c) premiums for insurance required under Paragraph 4.In any year in which the Lender must pay a mortgage insurance P•.1 czn. premium to the Secretary of Housing and Urban Development("Secretary"),or in any year in which such premium would � have been required if Lender still held the Security Instrument,each monthly payment shall also include either:(i)a sum for 33,the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)a monthly charge instead ofa mortgage C") C3 insurance premium if this Security Instrument is held by the Secretary,in a reasonable amount to be determined by the --I Cr) Secretary.Except for the monthly charge by the Secretary,these items are called"Escrow Items"and the sums paid to Lender are called"Escrow Funds." Lender may,at any time,collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of -<r" 1974,12 U.S.C.§2601 etiva,and implementing regulations,24 CFR Part 3500,as they maybe amended from time to time n-1 ("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before 0 the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance p ium. .. Initials j 16257.Cv(509) ICI 1807 Page 2 of TO(0009a2e) Book 4498, Paae 258, File Number (Page 3 of 7) • If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,Lender shall account to Borrower for the excess funds as required by RESPA.tithe amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due,Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.If Borrower tenders to Lender the full payment of all such sums,Borrower's account shall be credited with the balance remaining for all installment items(a),(b),and(c)and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary,and Lender shall promptly refund any excess funds to Burrower.Immediately prior to a foreclosure sale of the Property or its acquisition by Lender,Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c). 3.Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as follows: First,to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second,to any taxes,special assessments,leasehold payments or ground rents,and fire,flood and other hazard insurance premiums,as required; Third,to interest due under the Note; Fourth,to amortization of the principal of the Note;and Fifth, to late charges due under the Note. 4.Fire,Flood and Other Hazard Insurance.Borrower shall insure all improvements on the Property,whether now in existence or subsequently erected,against any hazards,casualties,and contingencies,including fire,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires.Borrower shall also insure all improvements on the Property,whether now in existence or subsequently erected,against loss by floods to the extent required by the Secretary.All insurance shall be carried with companies approved by Lender.The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. In the event of loss,Borrower shall give Lender immediate notice by mail.Lender may make proof of loss if not made promptly by Borrower.Each insurance company concemed is hereby authorized and directed to make payment for such loss directly to Lender,instead of to Borrower and to Lender jointly.All or any part ofthe insurance proceeds may be 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 3,and then to prepayment of principal,or(b)to the restoration or repair of the damaged Property.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2,or change the amount of such payments.Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,all right,title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5.Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application; Leaseholds,Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer ofthe Property)and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender determines that requirement will cause undue hardship for Borrower,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall notify Lender of any extenuating circumstances.Borrower shall not commit waste or destroy,damage or substantially change the Property or allow the Property to deteriorate,reasonable wear and tear excepted.Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default.Lender may take reasonable action to protect and preserve such vacant or abandoned Property.Borrower shall also be in default ifBorrower, during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy ofthe Property as a principal residence.Ifthis Security Instrument is on a leasehold,Borrower shall comply with the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6.Condemnation,The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in place of condemnation,are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument.Lender shall apply such proceeds to the reduction ofthe indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order provided in Paragraph 3,and then to prepayment of principal.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2,or change the amount of such payments.Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges,fines and impositions that are not included in Paragraph 2.Borrower shall pay these obligations on time directly to the entity which is owed the payment.If failure to pay would adversely affect Lender's interest in the Property,upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2,or fails to perform any other covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes,hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt ofBotrower and be secured ry by this Security Instrument.These amounts shall bear interest front the date of disbursement at the Note rate,and at the option of Lender,shall be immediately due and payable. �:Z Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a) agrees in writing to the payment ofthe obligation secured by the lien in a manner acceptable to Lender;(b)contests in good p= faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to -°'r---I G7 !MOM prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender ' s-Z — subordinating the lien to this Security Instrument.If Lender determines that any part ofthe Property is subject to a lien which T 1 C1 may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall •satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. .. c ri 8.Fees. Lender may collect fees and charges authorized by the Secretary. m 1 9.Grounds for Acceleration of Debt. CD '"I (a) Default. Lender may,except as limited by regulations issued by the Secretary in the case of payment :-71': N.) defaults,require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security In.trument (.11 prior to or on the due date of the next monthly payment,or -� t6267.CV(5/09) ICI 1t07 Page 7of5 Initials • •0009.20 Book 4498, Page 258, File Number • (Page 4 of 7) (ii) Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall,if permitted by applicable law(including section 341(d)of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d))and with the prior approval of the Secretary,require immediate payment in full of all the sums secured by this Security Instrument if. (1) All or part ofthe Property,or a beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,or the purchaser or grantee does so occupy the Property,but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver, If circumstances occur that would permit Lender to require immediate payment in Cull,but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary.In many circumstances regulations issued by the Secretary will limit Lender's rights,in the case of payment defaults,to require immediate payment in full and foreclose if not paid.This Security Instrument does not authorize acceleration or foreclosure if not permitted byregulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 from the date hereof Lender may,at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 from the date hereof declining to insure this Security Instrument and the Note,shall be deemed conclusive proofof such ineligibility.Notwithstanding the foregoing,this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10.Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's Failure to pay an amount due under the Note or this Security Instrument.'This right applies even after foreclosure proceedings are instituted.To reinstate the Security Instrument,Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,to the extent they aro obligations of Borrower under this Security Instrument,foreclosure costs and reasonable and customary attorneys fees and expenses properly associated with the foreclosure proceeding.Upon reinstatement by Borrower,this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.However,Lender is not required to permit reinstatement if.(i)Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding,(ii)reinstatement will preclude foreclosure on different grounds in the future,or(iii)reinstatement will adversely affect the priority ofthe lien created by this Security Instrument. 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization ofthe sums secured by this Security Instrument granted by Lender to anysuccessor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest.Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason of any demand made bythe original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of Paragraph 9(b).Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms ofthis Security Instrument;(b)is not personally obligated to paythe stuns secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the term ofthis Security Instrument or the Note without that Borrower's consent. 13.Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14.Governing Law;Severability.This Security Instrument shall be governed by Federal law and the law ofthe jurisdiction in which the Property is located.In the event that any provision or clause ofthis Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 15.Borrower's Copy. Borrower shall be given one conformed copy of the Note and ofthis Security Instrument. 16.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property ofsmall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by ry any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or p Environmental law of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or _.._ regulatory authority,that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances"are those substances defined as toxic or hazardous r Y ` substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum _ .1171.1.1.•products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive 7 materials.As used in the paragraph 16,"Environmental Law"means federal laws and laws of the jurisdiction where the —i C7 Cr' Property is located that relate to health,safety or environmental protection. 1--- NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: —<1— {P` y ° 1 17.Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of C:;.J 2' the Property.Borrower authorizes Lender or Lender agents to collect the rents and revenues and herebydirects each tenant ofM- "i" rr) the Property to paythe rents to Lender or Lender agents.However,prior to Lender's notice to Borrower ofBorrower's breach r. of any covenant or agreement in the Security Instrument,Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower.This assignment of rents constitutes an absolute ass' 4Aelnd — 1 16257.CV(5/09) ICI 1807 Page 4 of5 Initials 0(0009e42c) Book 4498, Pace 258, File Number • (Page 5 of 7) not an assignment for additional security only. If lender gives notice of breach to Borrower:(a)all rents received by Borrower shall be held by Borrower as trustee for benefit ofLender only,to be applied to the sums secured by the Security Instrument;(b)Lander shall be entitled to collect and receive all of the rents of the Property:and(c)each tenant of the Property shall pay all rents due and unpaid to Lender or Lender agent on Lender's written demand to the tenant Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach to Borrower.However,Lender or a judicially appointed receiver may do so at any time there is a breach.Any application ofrents shall not cure or waive any default or invalidate arty other right or remedy of Lender.This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in foil. 18.Foreclosure Procedure.If Lender requires immediate payment in full under Paragraph 9,Lender may foreclose this Security Instrument byj udicial proceeding.Lender shall be entitled to coiled all expenses Incurred in pursuing the remedies provided In this paragraph 18,including,but not limited to,reasonable attorneys'fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9,the Secretary may invoke the nonjudicial power of sale provided In the Single Family Mortgage Foreclosure Act of 1994("Act“)(12 U.S.C.3751 et seq,)by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided In the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender ander this Paragraph 18 or applicable law. 19.Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20.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. 21. Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months.If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)]. 0 Condominium Rider 0 Growing Equity Rider [SiOther[specify] NI Planned Unit Development Rider 0 Graduated Payment Rider Tax Exempt Financing Rider BY SIGNING BELOW,Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument Witnesses: 'ki ill ✓: / ,• 2(Seal) ' KlmbeJ Eters • (Seal) Borrower (Seal) Borrower (Seal)borrower ]Space Below This Line For Acknowledgment] STATE OF lows COUNTY OF Johnson c3 -� This instrument was acknowledged before me on August 19,2009 by Kimberly J.Winters,an C' unmarried woman "i 117 Cr,• Fri J Signature: l(,1414 O jes.k.A.,,,,zA O.Wells,No N f'� ft'rr Notary .3 • Name(typed or printed) Cr, My Commission expires:o3fi-3ROtt $1$/I 16251.CV(5/09) IC r 1W Pages ors fie) TERRY DM-145041 k*f -"9”Eginn Book 4498, Paae 258, File Number • (Page 6 of. 7) FHAIVA 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,Ine. (herein,the"Lender") 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 backs a mortgage-backed security held by the Iowa Finance Authority,U.S.Bank N.A. (the"Service) 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)all 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(c)and(i)(2)of the Internal Revenue Code of I986,as amended(the"Code");or b.who has had a present ownership interest in a principal residence 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 percent"shall be substituted for"95 percent or more"where the latter appears in Section 143(d)(1)),unless the property is in a Targeted Area;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(f)and(i)(2)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 Note. References are to the Code in effect on the date of the execution of the Mortgage and are deemed to include the applicable implementing regulations. By signing below,the Mortgagor(s)accepts and agrees to the terms of the Rider to the Mortgage. Date:August 19,2009 Kimberl J.Winters Printed N. of Borrower Printed Name of Co-Borrower 1111111111�/IL.n�' ' / " /1,n r. gas eofBo Signature of Co-Borrower CD This instrument was ackn. edged before me on August 19,2009 t7 w' —+ c5 By Kimberly J.Winters,an unmarried woman cZas.iy4ortgagor(s) n — / t o, o 0311 2/20-1-1— IC) 'i-1— &Jy J -e t-- N. e LIC in and for said State My Commission Eipires 11 o Tett IA we MRS tan Inoog N I4157.cy(1ICI 1807 IcomnriissicinEMYDWELLINumosrA cn * ssal 1.1y Cormission row Spit( G010(0009a37) • Book 4498, Page 258, File Number (Pago 7 of 7) • • FHA Case No. 161-2645910-703 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 19th day of August • 2009 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed("Security Instrument")of the same date given by the undersigned("Borrower")to secure Borrower's Note("Note")to Residential Mortgage Network,Inc.A United States Corporation ("Lender")of the same date and covering the property described in the Security Instrument and located at: 842 Longfellow Court Iowa City,IA 52240 [Property Addressl The Property is a part of a planned unit development("PUD")known as Longfellow Manor Condominiums iName of Planned Unit Development) PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. So long as the Owners Association(or equivalent entity holding title to common areas and facilities), 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 improvements now existing or hereafter erected on the mortgaged premises, and such policy is satisfactory to Lender and provides insurance coverage in the amounts, for the periods,and against the hazards Lender requires,including fire and other hazards included within the term"extended coverage",and loss by Flood, to the extent required by the Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Security Instrument for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property,and (ii)Borrower's obligation under Paragraph 4 of this Security Instrument to maintain hizard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any Ioss occurring from a hazard.In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property or to common areas and facilities of the I'UD,any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument,with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the PUD. C. If Borrower does not pay PUD dues and assessments when due,then Lender may pay them.Any amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower secured by the Security Instrument.Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest,upon notice front Lender to Borrower requesting payment. BY SIGNING BELOW,Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. 411111111111-16—•-&s . /-ice (SEAL) (SEAL) •• • - Kimbedif®nters Borrower (SEAL) (SEAL) Borrower Borrower (SEAL) (SEAL) Borrower Borrower [Space Below This Line is For Acknowledgement] STATE OF Iowa COUNTY OFJohnson ss: On this 19th day of August 2009 ,before me,a Notary Public in the State h 'y of Iowa _ personally appeared:Kimberly J,Winters,an unmarried woman >� --t(—) CJl to me personally known to be the person(s) named in and who executed the foregoing instrument, and r-- acknowledged that she executed the same as her voluntary act and deed. P "D My Commission expireso3tf2/20t1 ^ , NN nand for said Countyand State • �'��� D. 200a.CV(3106) ICI 1307 C1JTO(0009ea36) Ititis(Cia rsilen Nunbcot l 11y ConrNuan E� Book 4498. Paae 258. File Number Mbank. All of us serving you OH003 Remit payments t.. ' USUBANDINHOWMIANDOWARZE U.S. Bank Home Mortgage 17 0!� )1,? KSIDE ROAD P.O. Box 20005 BEir.ieiicaOH 44146 Owensboro, KY 42304 Owensboro,KY 42304-0005 Overnight payments to: May 09, 2011 U.S. Bank Home Mortgage P.O. Box 20005 Owensboro, KY 42301 Kimberly J Winters 842 Longfellow CT Iowa City IA 52240 14 DEAR MORTGAGOR(S) : RE: 9902515674 THIS LETTER WILL SERVE AS NOTICE ON YOUR BREACH OF YOUR MORTGAGE ENCUMBERING THE ABOVE REFERENCED LOAN NUMBER. YOU ARE IN BREACH OF THE MORTGAGE FOR YOUR FAILURE TO PAY THE MONTHLY INSTALLMENTS DUE THEREUNDER. IN ORDER TO CURE THIS BREACH OF THE MORTGAGE, YOU MUST SEND CERTIFIED FUNDS IN THE AMOUNT OF $ 2454.18 FOR PAYMENTS AND $ 305.97 FOR LATE CHARGES, PLUS ANY ADDITIONAL PAYMENTS THAT MAY COME 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 ACCOUNT IS NOT CURRENT WITHIN THIRTY (30) DAYS. YOU HAVE THE RIGHT TO REINSTATE THE MORTGAGE AFTER ACCELERATION PURSUANT TO THE TERMS OF THE MORTGAGE AND YOU HAVE THE RIGHT TO ASSERT IN ANY FORECLOSURE ACTION THE NON-EXISTENCE OF A DEFAULT AND ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE ti cz DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS C DEBT IS VALID. WE URGE YOU TO PROTECT YOUR INVESTMENT BY PROMPTLY BRINGING YOUR ACCOUNT TO A CURRENT STATUS. PLEASE C GOVERN YOURSELVES ACCORDINGLY. "f G7 SINCERELY, DANA KOZAK 7<r- rn VICE PRESIDENT zz • DEFAULT COUNSELING DEPARTMENT N yt 1-800-337-1193 `•ted "' WE ARE ATTEMPTING TO COLLECT A DEBT, • EXHIBIT D WILZ� BE USED FOR THAT PURPOSE. $ OH003 e usbank.eom til Meme.Fdt um. BELINCORIVIICK ATTORNEYS AT LAW Direct Dial(515)283-4663 Direct Fax: (515)283-4653 July 26, 2011 Kimberly J. Winters 842 Longfellow Ct Iowa City, IA 52240 Re: Creditor: U.S. Bank,National Association Loan No.: 9902515674 Property Address: 842 Longfellow Ct, Iowa City, IA 52240 We represent U.S. Bank, National Association in connection with a possible mortgage foreclosure action against your property at 842 Longfellow Ct, Iowa City, Iowa. You have previously received from U.S. Bank, National Association a Notice of Right to Cure Default which was mailed to you more than 30 days ago. Under Iowa Code Section 654.4B it is necessary before filing the foreclosure action to provide you with a payoff of your mortgage indebtedness with U.S. Bank, National Association. With the expiration of the Notice of Right to Cure, your mortgage indebtedness has been accelerated and the entire amount of the Mortgage is due and owing. Attached hereto as Exhibit "A" is a payoff of the mortgage indebtedness. Unless you pay in full the entire amount shown on the payoff within fourteen(14) days of the mailing of this letter, a foreclosure action will be initiated against the above property. You are also advised that there is available to you counseling and mediation services which might be of assistance to you should you desire to explore options to keep your home. Enclosed is a Mortgage Mediation Notice developed by the Iowa Attorney General which provides information on help which is available. You are encouraged to contact the personnel at the number provided in the Notice for the free assistance which is available to you. Respectfully, o zat m >7 JAMES V. SARCONE,JR. r2 For the Firm a JVS/zb D:1Firstar\Winters\debt&14 day Itrs.docx �.I EXHIBIT D D a BELIN MCCORMICK.P.C. 666 Walnut Street I Suite 2000 Des Moines,Iowa 50309 P 515.243.7100 I BelinMcCormick.com • MORTGAGE PAYOFF EXHIBIT "A" Principal Balance $107,459.16 Interest to 9-1-11 4,074.49 Pro Rata MIP/PMI 88.00 Escrow Advance 0.00 Suspense Balance 0.00 Accumulated Late Charges 404.13 Accumulated NSF Charges 0.00 Other Fees 147.00 TOTAL TO PAY OFF AS OF 9-1-11 $112,172.78 Per diem $582.07 NOTE: This is an FHA loan. Interest on all FHA loans paid after the first day of the month require payment for the entire month, per FHA regulations. d —71 C7 % ---1 C") C.11 r- N CD (.J1 BELIT,MCCORMICA,P.C. 666 Walnut Street I Suite 2000 I Des Moines,Iowa 50309 P 515.243.7100 I BelinMcCormick.com 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. 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 for saving your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. 1� 2:22, -,... Iowa Mortgage Help c-)-< 1-877-622-4866 �r�.- cn www.lowaMortgageHelp.com r� -T' 0rri r ) This notice is being provided as required by Iowa Code section 654.46(2). v • 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 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 for saving 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 yn crr 1-877-622-4866f � www.lowaMortgageHelp.com E P-11. :IT IN) OP This notice is being provided as required by Iowa Code section 654.4B(2) END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540•(319)356-6030 PLAINTIFF : JUDDS BROTHERS CONSTRUCTIC Docket No 11-03014 State IOWA vs. Court No 4:11-CV-00260 County JOHNSON DEFENDANT: CITY OF IOWA CITY Ref No Received 06/06/2011 DEFENDANT: VAN WINKLE-JACOB ENGINEERIN' 'ADVANCE FEES PAID Requestor(s) Phone • TRICKER, JENNIFER 1500 WOODMEN TOWER, 1700 FARNAM ST, OMAHA, NB Name CITY OF IOWA CITY Zone I Party Type DEFENDANT Phone Fax Address (MARIAN KARR AS CITY CLERK I 410 E WASHINGTON ST I IOWA CITY I IA 52240- E-Mail Employer I Comments MNI Information Race Sex Birth Date Age Hair Height Weight SSN Eyes Skin Notes Documents Document Serve by Date OE PSR Description/Special Instructions COMPLAINT SUMMONS Service Information Date Q(4 -O6"(( Timen�n�O cl Type Party (14 V n2�(J17'L) KT -fa(` Relationship (Vy C, I e v is Race L) Sex DOB Location LI 1 0 6A f 64,141(n;0(0-(-4"7- 4- C 14 (n 0(0-(-4"7A' Miles ) Fee •cel) Officer Attempts Log Date Time Server Notes Date Time Server Notes pJ Notes: -4n r cp y= _w Printed:Monday,June 06,2011 Johnson County Sheriffs Office Page 1 of 1 AO 440(Rev. 12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Iowa JUDDS BROTHERS CONSTRUCTION CO. , ) a Nebraska corporation ) Plaintiff ) v. ) Civil Action No. 4: 11-cv-00260 CITY OF IOWA CITY, IOWA, an Iowa political ) subdivision, and VAN WINKLE-JACOB ENGINEER- ) ING, INC. a/k/a V.J. ENGINEERING, ) • Defendant s N O SUMMONS IN A CIVIL ACTION Q To: (Defendant's name and address) t')"< I .� C, rn 11 Marian Karr :f r..-i rn City Clerk of the City of Iowa City, Iowa O� -`" r—., 410 East Washington Street , =� -01 Iowa City, IA 52240 > _. —_.1 A lawsuit has been filed against you. Within 21 days after service of this summons on you(not counting the day you received it)—or 60 days if you are the United States or a United States agency,or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2)or(3)—you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Jennifer D. Tricker BAIRD HOLM LLP 1500 Woodmen Tower 1700 Farnam Street Omaha, NE 68102-2068 If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. 1.1 SUMMONS ISSUED: Date: 1 MARJORIE E. KRAHN, Clerk SSS \ 446 'ii ' By: 1) • i!i;7P i1- DEPUTY CLERK CSL- (Cvr o'er`-(3) AO 440(Rev.12/09) Summons in a Civil Action(Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4(l)) This summons for(name of individual and title, if any) was received by me on(date) Q I personally served the summons on the individual at(place) On(date) ;or O I left the summons at the individual's residence or usual place of abode with(name) ,a person of suitable age and discretion who resides there, on(date) ,and mailed a copy to the individual's last known address;or Q I served the summons on(name of individual) ,who is designated by law to accept service of process on behalf of(name of organization) on(date) ;or Q I returned the summons unexecuted because ; or Cl Other(spec): My fees are$ for travel and$ for services,for a total of$ 0.00 • I declare under penalty of perjury that this information is true. Date: Server's signature • Printed name and title o Server's address 4=;) — Additional information regarding attempted service,etc: c')-G 1 - rrn �rn a �� w Case 4:11-cv-00260-JEG -TJS Document 1 Filed 06/01/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA JUDDS BROTHERS CONSTRUCTION CO., a Nebraska corporation, CASE NO. Plaintiff, COMPLAINT v. o T� f 3n ii CITY OF IOWA CITY, IOWA, an Iowa ` political subdivision and VAN WINKLE- fir-, rn JACOB ENGINEERING, INC. a/k/a V.J. '7<i; -� ill ENGINEERING, �� ca Defendant. Plaintiff, Judds Brothers Construction Co. ("JBCC"), for its Complaint against Defendants City of Iowa City, Iowa ("City") and Van Winkle — Jacob Engineering, Inc. a/k/a V.J. Engineering ("V.J. Engineering"), states and alleges as follows: PARTIES 1. JBCC is a corporation incorporated under the laws of the state of Nebraska, with its principal place of business located in Lincoln, Nebraska. By reason of such facts, JBCC is a citizen of the state of Nebraska, and of no other state. 2. The City is an Iowa city, organized and existing as a political subdivision under the laws of the state of Iowa and is located in the state of Iowa. By reason of such facts, the City is a citizen of the state of Iowa, and of no other state. 3. V.J. Engineering is an Iowa corporation with its principal place of business in Coralville, Iowa. DOCS/998097.7 Case 4:11-cv-00260-JEG -TJS Document 1 . Filed 06/01/11 Page 2 of 14 JURISDICTION AND VENUE 4. Federal diversity jurisdiction over this action exists pursuant to 28 U.S.C. § 1332 because diversity of citizenship exists between the plaintiff and all defendants and the amount in controversy exceeds $75,000 exclusive of interest and costs. 5. Venue is appropriate in the Southern District of Iowa pursuant to 28 U.S.C. § 1391 because a substantial part of the events or omissions giving rise to the claims occurred with the Southern District of Iowa and because Defendants were subject to personal jurisdiction within the Southern District of Iowa at the time this action is commenced. 6. A true and accurate copy of the Plans, Specifications, Proposal, and Contract for the Iowa Avenue Inverted Siphon Sewer 2009 ("Construction Contract") executed and entered into by JBCC and the City is attached hereto as Exhibit "1" and is incorporated herein by this reference. The Construction Contract incorporates Division 11 , General Requirements and Covenants of the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction ("Standard r.� Specifications"), a true and accurate copy of which is attached hereto as Exhtit "2" and is incorporated herein by this reference. GENERAL ALLEGATIONS esr—nt -ti Delay and Differing Site Conditions C:? ' 7. JBCC is in the business of, among other things, general contracting, concrete construction, utility construction, steel erection and railroad construction. 8. V.J. Engineering provides engineering services in the Surveying, Civil and Structural Engineering fields, as well as other technical disciplines. DOCS/998097. 72 Case 4:11-cv-00260-JEG -TJS Document 1 - Filed 06/01/11 Page 3 of 14 9. Through the utilization of a bid process, the City, with and through the assistance of its retained engineer, V.J. Engineering, submitted Plans, Specifications, Proposal, and Contract for the Iowa Avenue Inverted Siphon Sewer 2009 ("Plans") to various contractors. The Plans contained detailed specification as to how the work should be performed and the materials to be utilized. 10. Pursuant to the Standard Specifications, the City agreed to adjust the contract price if "[djuring the progress of the work, . . . subsurface or latent physical conditions encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract are encountered at the site . . .." (Standard Specifications § 1109.16). 11. Further, pursuant to the Standard Specifications, the City also agreed to adjust the contract price for damages caused by the City's or its representatives' negligence. (Standard Specifications § 1109.11(B)). 12. The Defendant originally represented that construction on the project was to commence on approximately June 1, of 2009. However, because of the delay by the Defendant in preparing the actual contractual documents for execution, the starting date for construction was effectually delayed for a period of approximately 30 days. 13. Relying on the Plans and on the design reasonableness of the project, JBCC bid on and was ultimately chosen by the City as the successful bidding=ntractor o - for the project. 1 14. On or about June 15, 2009, in reliance on the plans a2spffeificdt of ns In contained within the Plans, JBCC entered into the Construction Conra thcality DOCS/998097. 73 Case 4:11-cv-00260-JEG -TJS Document 1 Filed 06/01/11 Page 4 of 14 pursuant to which JBCC agreed to construct and install the "Iowa Avenue Inverted Siphon Sewer." 15. After JBCC executed the Construction Contract, the City, by and through V.J. Engineering, informed JBCC that "[t]he area on the east side of the project was previously used as a landfill." Although the City and V.J. Engineering had knowledge of this prior to entry of the Construction Contract between the City and JBCC, such information was not provided to JBCC prior to its execution of the Construction Contract. JBCC was never informed at any time during the construction of the project that the project was defectively designed, that the plans and specifications failed to comply with generally recognized engineering or safety standards, criteria or design theory existing at the time, and that the project could not be reasonably constructed according to the plans and specifications within the Construction Contract. 16. When JBCC first learned about the landfill, it timely wrote the City stating that a change order increasing the contract price was necessary because the site was previously used as a landfill, creating the possibility of encountering unsuitable soil in the excavation of the east side of the structure. 17. The City acknowledged JBCC's concern about unsuitable soil and the necessity for a change order if unforeseen difficulties were encountered by email from V.J. Engineering stating "[y]ou[r] concerns about encountering unsuitable soils are noted." However, at no time did the City or V.J. Engineering inform JBCC of V.J. Engineering and the City's lack of experience and expertise in designing and specifying C:J projects like the one then being undertaken. o = —T1 I�C) Crs r* M = co DOCS/998097. 74 Case 4:11-cv-00260-JEG -TJS Document 1'. Filed 06/01/11 Page 5 of 14 18. During JBCC's and its subcontractors' drilling operations for the dewatering wells on the east side of the Iowa River around the outlet structure, JBCC encountered unforeseen subsurface rock and drilling difficulties. Pursuant to the Construction Contract, five dewatering wells were to be installed each to a depth of 50 feet. The soils report provided by the City (which was provided in advance of JBCC bidding the project and which JBCC relied upon in providing a bid to the City), indicated the subsurface conditions included sandy soil with a trace of clay and cobbles. Around 27 feet, however, JBCC encountered rock and boulders up to 13 inches in diameter which made it impossible for JBCC to drill to 50 feet to install the dewatering wells. 19. The rock and boulders constituted Differing Site Conditions (as defined in the applicable contract documents) in that the site differed materially from that indicated in the Construction Contract, (Type I DSC), and was an unknown physical condition of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Construction Contract (Type 2 DSC). 20. By letter dated July 7, 2009, JBCC timely provided the City and V.J. Engineering with written notice of its difficulties, including the encountering of this Differing Site Condition and of its substantial impact on drilling operations. JBCC requested a Change Order. 21. The City and V.J. Engineering improperly and unreasonably denied the Change Order, refused to consider changes for additional time and additional payment, N and directed JBCC to continue drilling — even though the design was defetive, and Ln even though Differing Site Conditions were being encountered. >27 =in - =<rri � t�'1 w DOCS/998097. 75 g Case 4:11-cv-00260-JEG -TJS Document 1. Filed 06/01/11 Page 6 of 14 22. The design was defective in that the drawings show the pipeline is to be constructed using Horizontal Directional Drilling, but the profile and plane of the pipeline created by V.J. Engineering and endorsed by the City could not be constructed and shown using Horizontal Directional Drilling. 23. As a result of: (1) Defendants' delay in timely preparing and issuing the necessary contractual documents so that an order to proceed on the original starting date could be issued, (2) the defective nature of the design, and (3) the encountering by JBCC of such Differing Site Conditions, JBCC incurred substantial additional expenses, including but not limited to: • Approximately $35,000 of extra pipe costs; • Substantial construction costs which were incurred because construction during an unseasonably harsh winter and unseasonably wet summer and fall were encountered and necessitated; ` Substantial additional drilling costs were incurred because of both the defective design and the unexpected conditions; and • Because of large boulders which existed in the site, which was disclosed as a landfill site only after contract documents were signed. 24. By reason of the defective nature of the design, the necessary delays, and the above-alleged Differing Site Conditions as well as the performance of special drilling procedures required in order to attempt to construct the pipeline as shown in the drawings prepared by V.J. Engineering and by the City, JBCC is entitled to an additive equitable adjustment in the Construction Contract's price of not less than $7 ,000.00. :C; a in o� cocsr998097. 76 �' • Case 4:11-cv-00260-JEG -TJS Document 1 Filed 06/01/11 Page 7 of 14 The City's denial of appropriate contract adjustments constitutes a material and substantial breach of the Construction Contract. Defective Directional Drilling Design 25. The allegations contained above are herein incorporated. 26. Defendant negligently and defectively designed a project, and included design characteristics which were not reasonable nor did the design comply with a generally recognized engineering or safety standard, criteria or theory with respect to the specified construction method and the capabilities of the Horizontal Directional Drilling method specified to be used to install the pipe at the location, depths, and alignments shown on the drawings. In particular, and without limitation, Defendant insisted on directional drilling under a river, with 50 foot drillings and 45 degree "elbows" in an area previously utilized as a landfill, that was infested with huge boulders. Additionally, The Defendant would not permit modifications to its design in order to have reasonable "set backs" of both of the site structures which would allow for a more reasonable, timely, and practical construction at a more reasonable cost and expense to the Plaintiff. 27. The design was defective in that the drawings show the pipeline is to be constructed using Horizontal Directional Drilling, but the profile and plane of the pipeline created by V.J. Engineering and endorsed by the City could not be constructed and shown using Horizontal Directional Drilling. _ a 28. Through the submission of the Plans to the various contrdctprs the City impliedly affirmed that the plans and specifications contained therein Sar r rvasonta'1y •feasible and properly designed. In truth, the plans and specifications:w �'e d&fectpvey DOCS/998097. 77 Case 4:11-cv-00260-JEG -TJS Document 1 Filed'06/01/11 Page 8 of 14 designed, were not in accordance with generally recognized engineering or safety standards, criteria or design theory existing at the time, and could not be reasonably constructed according to such design. 29. JBCC notified the City and V.J. Engineering of the defective design, site, and other issues and requested changes for extra compensation and additional time. Such requests were denied. 30. JBCC is therefore entitled to an additive equitable adjustment in the Construction Contract's price of not less than $705,000. The City's denial of said adjustment constitutes a material and substantial breach of the Construction Contract. First Claim for Relief Breach of Contract - The City 31. The allegations contained above are herein incorporated. 32. A contract existed between JBCC and the City. 33. The City breached the Construction Contract by not allowing JBCC an additive equitable adjustment in the Construction Contract's price. 34. JBCC performed all necessary conditions precedent, including, but not limited to, making claims to the V.J. Engineering for extra compensation before beginning the work upon which the claims were based and by notifying V.J. Engineering of delays caused by the City's and its representatives' negligence. 35. JBCC has been injured and has suffered damages as a proximate result of the City's breach. 36. The City's negligence was a cause of damage to JBCC mount ooff -=� not less than $705,000.00. cn ( c Docs1998o97. 78 —I Case 4:11-cv-00260-JEG -TJS Document 1 ' Filed 06/01/11 Page 9 of 14 Second Claim for Relief Negligent and Defective Design — The City and V.J. Engineering 37. The allegations contained above are herein incorporated. 38. The City and V.J. Engineering failed to properly design the project and to follow known and generally recognized engineering criteria or design theory existing at the time for construction of the "elbows", "curves", and proper "elevations and type of piping to be used for such intended construction. Such actions constitute negligence and defective design of the project. 39. JBCC relied on the reasonableness and non-defective nature of the design, to its detriment. 40. The negligence and defective design for the project was material. 41. The City and V.J. Engineering knew, or should have known, that the design was defective and negligent. 42. The City and V.J. Engineering's defective and negligent design was the proximate cause of JBCC's damages. 43. The City and V.J. Engineering's negligence was a cause of damage to JBCC in an amount of not less than $705,000.00. Third Claim for Relief a Negligent Misrepresentation -The City c� <-- C-3-‹ 44. The allegations contained above are herein incorporated. T-. �� o, ri -0 45. Prior to June 15, 2009, the City made a representation tmC-thatr soil on the project consisted of sandy soil with a trace of clay and cobbles, In fact, however, large boulders were encountered which were not expected and which would not ordinarily be expected at this location. Again, because the land had previously been DOCS/998097. 79 Case 4:11-cv-00260-JEG -TJS Document 1 • Filed 06/01/11 Page 10 of 14 used as a landfill, the soil contained large boulders which made the drilling necessary expensive, if not impossible. 46. Prior to June 15, 2009, the City had information that the area on the east side of the project was previously used as a landfill; however, the City failed to provide this information to JBCC until after JBCC had bid the project, had been awarded the contract, and had executed the Construction Contract. The City misrepresented the condition of the soil at the project site. 47. The City had a financial interest in its failure to supply such information to JBCC. The City knew that if JBCC was made aware of the fact that the area on the east side of the project had previously been used as a landfill, that such land would likely contain boulders which would make the required drilling much more expensive than if the land had not previously been used as a landfill. 48. The City's failure to disclose the prior existence of the landfill and its misrepresentation of the soil conditions at the project site was material to JBCC. 49. The City's representations regarding the soil conditions at the project site were false, and the City knew, or should have known, that its representations were false. 50. The City's false representations and failure to disclose the location of the landfill were the proximate cause of JBCC's damages. 51. JBCC was damaged by the City in an amount of not less than $705,000.00. Third Claim for Relief -71 Fraudulent Misrepresentation- The City c-< c-) rn I 52. The allegations contained above are herein incorporatecLm i in w DOCS/998097. 710 Case 4:11-cv-00260-JEG -TJS Document 1 Filed.06/01111 Page 11 of 14 53. Prior to June 15, 2009, the City made a representation to JBCC that the soil on the project consisted of sandy soil with a trace of clay and cobbles. In fact, however, because the land had previously been used as a landfill, the soil contained large boulders which made the drilling necessary expensive, if not impossible. 54. The City knew that the land for the project had been utilized previously as a landfill and intentionally failed to disclose the same to JBCC prior to the formation of the Construction Contract. 55. In telling JBCC that the land consisted of sandy soil with a trace of clay and cobbles, without also informing JBCC that the land once contained a landfill, was a material misrepresentation. 56. The City intended to deceive JBCC when it failed to disclose to JBCC that the land on which the project was to occur had previously been used as a landfill. 57. JBCC acted in reliance on the condition of the soil as described by the City in the Construction Contract. JBCC was justified in relying on such representations. 58. The City's false representation of the description of the soil, as well as its intentional failure to inform JBCC that a landfill had previously occupied the property, was the cause of JBCC's damages. 59. JBCC was damaged by the City in an amount of not less than $705,000.00. Fourth Claim for Relief o Fraudulent Nondisclosure- The City = 60. The allegations contained above are herein incorporated. c-< , "— CD- CO DOCS/998097. 71 1 Case 4:11-cv-00260-JEG -TJS Document 1 Filed'06/01/11 Page 12 of 14 61. Special circumstances existed which gave rise to a duty of disclosure from the City to JBCC. This relationship existed because affirmatively described to JBCC the condition of the soil at the project location at the time the City was searching for bids. Pursuant to the Construction Contract, the City required the JBCC to comply with the parameters it set forth regarding the plans and specifications for completion of the project. 62. Prior to and while such relationship existed, the City was aware that the land on which JBCC was to drill had once been utilized as a landfill. The City knew that such fact would likely change the consistency of the soil and that such changed consistency could cause significant and expensive changes to the plans and specifications. 63. During the bid process, the City intentionally concealed this information from JBCC. 64. The undisclosed information was material to the transaction. Had JBCC been aware of the fact that a landfill had once existed on the site of the project, it would have included additional expected drilling costs and time in its total bid. 65. The City knowingly failed to disclose to JBCC that a landfill had once existed on the site of the project. 66. The City intended to deceive JBCC by withholding such information. 67. JBCC acted in reliance upon the City's failure to disclose and was justified in such reliance. 68. The failure of the City to disclose this information was a cause N JBCC's damages. �'=+ e7-< =ern r = m o^ 0 DOCS/998097. 712 2 _ v Case 4:11-cv-00260-JEG -TJS Document 1 Filed 06/01/11 Page 13 of 14 69. JBCC was damaged by the City in an amount of not less than $705,000.00. Fifth Claim for Relief Negligent Design of Public Improvement—The City and V.J. Engineering 70. The allegations contained above are herein incorporated. 71. The City and V.J. Engineering designed and established specific plans and specifications which the contractor on the project was required to utilize in the completion of the project. 72. The City and V.J. Engineering were negligent in failing to comply with a generally recognized engineering or safety standard, criteria or design theory existing at the time of the construction. Specifically, the plans and specifications provided to JBCC by the City and V.J. Engineering were defective and were not usable for the purpose for which they were presented to JBCC. 73. The City and V.J. Engineering's negligence was a cause of damage to JBCC in an amount of not less than $705,000.00. Sixth Claim for Relief Gross Negligence— The City and V.J. Engineering 74. The allegations contained above are herein incorporated. 75. The City and V.J. Engineering designed and established specific plans and specifications which the contractor on the project was required to utilize in the completion of the project. In designing such plans, the City and V.J. Engineering had a duty to prepare the same in accordance with generally recognized engineerin or safety c� = standard, criteria or design theory existing at the time of the construction; �7-< 1 n CT r- e _rn � nl .� CA) \J DOCS/998097. 713 `' Case 4:11-cv-00260-JEG -TJS Document 1 'Filed 06/01/11 Page 14 of 14 76. The City and V.J. Engineering were grossly negligent through their blatant and indifferent failure to comply with a generally recognized engineering or safety standards, criteria or design theory existing at the time of the construction. Specifically, the plans and specifications provided to JBCC by the City and V.J. Engineering were defective and were not usable for the purpose for which they were presented to JBCC. 77. The City and V.J. Engineering's gross negligence was a cause of damage to JBCC in an amount of not less than $705,000.00. Dated this 1st day of June, 2011 JUDDS BROTHERS CONSTRUCTION CO., Plaintiff, By: s/William G. Dittrick William G. Dittrick (IA# 15721) ICIS #AT0002149 Jennifer D. Tricker (IA# 19133) ICIS #AT0007901 of BAIRD HOLM LLP 1500 Woodmen Tower 1700 Farnam St Omaha, NE 68102-2068 Phone: 402-344-0500 Facsimile: 402-344-0588 wdittrick(a�bairdholm.com jtrickerbairdholm.com Its Attorneys 5 ?n rn w Docsrgg8o97. 714 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page EXHIBIT I .. t - CITY OF IOWA CITY PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR THE IOWA AVENUE INVERTED SIPHON SEWER 2009 IOWA CITY, IOWA N c 11 D- C)-C i r. -4c) rn fir' -orn r-n 7 co W 1 Case 4:11-cv-00260-JEG - I J5 Document 2 Filed Ub/U1/11 Page 2 of 94 e�1 - / tilt 1 ^ rr■• '01=4= rrinr "VI • • 71111 CITY OF IOWA CITY PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR THE IOWA AVENUE INVERTED SIPHON SEWER 2009 IOWA CITY, IOWA Prepared By: V1 ENGINEERING 2570 HOLIDAY RD., SUITE 10 CORALVILLE, IA 52241 PHONE(319)338-4939 FAX(319)338-9457 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Iowa. M I i ) Michael D.Saeugling, P.E. Reg. #16325 Date -(1- -0 m My (I-- My license renewal date is December 31, 2009 .�pF ESSIOOtr4ey yea . .. . J�_..yc ) . Licensed _�: 16325 _-' Michael D. _ Saeugling *. .* Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 3 of 94 SPECIFICATIONS TABLE OF CONTENTS Page Number TITLE SHEET TABLE OF CONTENTS NOTE TO BIDDERS NB-1 FORM OF PROPOSAL FP-1 BID BOND BB-1 FORM OF AGREEMENT AG-1 PERFORMANCE AND PAYMENT BOND PB-1 CONTRACT COMPLIANCE (ANTI-DISCRIMINATION REQUIREMENTS) CC-1 GENERAL CONDITIONS GC-1 SUPPLEMENTARY CONDITIONS SC-1 TECHNICAL SECTION DIVISION 1 - GENERAL REQUIREMENTS Section 01010 Summary of the Work 01010-1 Section 01025 Measurement and Payment 01025-1 Section 01310 Progress and Schedules 01310-1 Section 01570 Traffic Control and Construction Facilities 01570-1 DIVISION 2 - SITE WORK Section 02050 Demolitions, Removals, and Abandonments 02100-1 Section 02100 Site Preparation 02100-1 Section 02220 Earth Excavation, Backfill, Fill and Grading (2220-1 Section 02270 Slope Protection and Erosion Control c::... 02270-1 Section 02700 Sewers 0270041 Section 02751 Directional Boring and Drilling - 02750F17- Section 02900 Landscaping �� (02900i-1 :<rn ri w '7 c) Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 4 of 94 NOTE TO BIDDERS 1. The successful bidder and all subcontractors are required to submit at least 4 days prior to award three references involving similar projects, including at least one municipal reference. Award of the bid or use of specific subcontractors may be denied if sufficient favorable references are not verified or may be denied based on past experience on projects with the City of Iowa City. 2. References shall be addressed to the City Engineer and include the name, address and phone number of the contact person, for City verification. 3. Bid submittals are: Envelope 1: Bid Bond Envelope 2: Form of Proposal N O 71 C')-< I ..... C.) G~ o33. w NB-1 • Case 4:11-cv-002 -JEG -TJS Document 2 Filed 06 S /11 Page 5 of 94 • FORM OF PROPOSAL IOWA AVENUE INVERTED SIPHON SEWER 2009 PROJECT CITY OF IOWA CITY NOTICE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL ARE CONTAINED WITHIN THE FRONT COVER OF THIS DOCUMENT. Name of Bidder Judds Brothers Construction Co. Address of Bidder 3835 North 68th Street, Lincoln, NE 68507 TO: City Clerk City of Iowa City City Hall 410 E. Washington St. Iowa City, IA 52240 The undersigned bidder submits herewith bid security in the amount of $ ] 07o �° i'S KS , in accordance with the terms set forth in the "Project Specifications." The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the Project as described in the Contract Documents, including Addenda (y/A A , , and , and to do all work at the prices set forth herein. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work. N O r— m co FP-1 Case 4:11-cv-0026 JEG -TJS Document 2 I-iled Ub/U 11 Page b of 94 s ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 Sanitary Sewer, 8" I.D. HDPE LF 428 '7a 0 ,Z 1 3 2 19 (PO! 0 2 Sanitary Sewer, 14" I.D. HDPE LF 428 13 , 1 i 9) 3 bZ ,I1 3 Sanitary Sewer, 18" I.D. HDPE LF 428 5-60 ,60 a j1{> d oO ,0 4 Sanitary Sewer, 24" LRCP LF 49 a-CO s 0 /at �O i d� 5 Sanitary Sewer, 27" LRCP LF 31 2`l 0 , cf 3 7 0 k 60 6 Sanitary Sewer, 33" LRCP LF 49 30D ,CD I 1 I '7 0 0 (O 7 Inlet Structure LS 1 17O oo0 .00 1 `I D 0 O , Oa 8 Outlet Structure LS 1 (:),,S-/ Ooo,uv OS' Oo) . 6Z1 9 Sanitary Manhole, 5' Diameter EA 2 7,6 a a .ao ( `/j 000 .071 10 Sanitary Manhole, 6' Diameter EA 1 )a 5-4o ,O d I a j SO 0 ,O O 11 Existing Sanitary Sewer Removal LF 151 ST . 06 '7, $lc O . CO 12 Existing Sanitary Structure Removal EA 2 ( 2 001 60 4'o o • 13 Clearing and Grubbing LS • 1 1 art) , da /2)amp 14 Erosion Control LS 1 /j O . 66 7 000 15 Surface Restoration SY 3000 1 . 57) Li, SO 0 . vs 16 Mobilization LS 1 el bt CZ ,fb (7 01 Ca , 0 TOTAL EXTENDED AMOUNT = $ II O q! D30,0 sa CD — >C) c,-< I ;<`r-, -, m =� ca �' ; • Case 4:11-cv-002 -JEG -TJS Document 2 Filed 0. a• /11 Page 7 of 94 The names of those pers ..7, firms, companies or other parties whom we intend to enter into a subcontract, together with the type of subcontracted work and approximate dollar amount of the subcontract, are as follows: King Contracting, Inc. , Directional Drilling, J` Dpi 000. ISD NOTE: All subcontractors are subject to approval by City. The undersigned bidder certifies that this proposal is made in good faith, and without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of this proposal and the Contract Documents prepared by the City of Iowa City, the more specific shall prevail. Firm: Judds Brothers Construction Co. Signature: '`W\fR Printed Name: John R. Judds Title: CEO • Address: 3835 North 68th St Lincoln NE 68507 Phone: 402-467-4666 Contact: John R. Judds o O -- • r CD c.) co FP-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 8 of 94 BID BOND , as Principal, and as Surety declare that we are held and are firmly bound unto the City of Iowa City, Iowa, hereinafter called "OWNER," in the sum of Dollars ($ ) to pay said sum as herein provided. We as Principal and Surety further promise and declare that these obligations shall bind our heirs, executors, administrators, and successors jointly and severally. This obligation is conditioned on the Principal submission of the accompanying bid, dated for the Iowa Avenue Inverted Siphon Sewer 2009 Project. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified, and the Principal shall then furnish a bond for the Principal's faithful performance of said Project, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Project, as agreed to by the City's acceptance of said Bid, then this obligation shall be void. Otherwise this obligation shall remain in full force and effect, provided that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of the obligation stated herein. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in the event that the Principal fails to execute the contract and provide the bond, as provided in the Project specifications or as required by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Owner may accept such Bid or may execute such contract documents, and said Surety does hereby waive notice of any such time extension. The Principal and the Surety hereto execute this bid bond this day of , A.D., 2009. o �-' Seal) Witness Principal -< --0 51 By .�aitle) .) (Seal) Surety By Witness (Attorney-in-fact) Attach Power-of-Attorney BB-1 1 Case 4:11-cv-002. JEG -TJS Document 2 Filed 06 1111 Page 9 of 94 FORM OF AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Iowa City, Iowa ("City"), and Judds Brothers Construction Co. ("Contractor"). Whereas the City has prepared certain plans, specifications, proposal and bid documents dated the 29'h day of April, 2009, for the Iowa Avenue Inverted Siphon Sewer 2009 Project ("Project"), and Whereas, said plans, specifications, proposal and bid documents accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the Project. NOW, THEREFORE, IT IS AGREED: 1. The City hereby accepts the attached proposal and bid documents of the Contractor for the Project, and for the sums listed therein. 2. This Agreement consists of the following component parts which are incorporated herein by reference: a. Addenda Numbers None ; b. "Standard Specifications for Highway and Bridge Construction,." Series of 2001, Iowa Department of Transportation, as amended; c. Plans; d. Specifications and Supplementary Conditions; e. Notice to Bidders; f. Note to Bidders; g. Performance and Payment Bond; h. Restriction on Non-Resident Bidding on Non-Federal-Aid Projec i. Contract Compliance Program (Anti-Discrimination Requ; een ; j. Proposal and Bid Documents; and --tom °'' k. This Instrument. �? w The above components are deemed complementary and should be read together. In the event of a discrepancy or inconsistency, the more specific provision shall prevail. AG-1 Case 4:11-cv-0026kJEG -TJS Document 2 Filed 06/0x(11 Page 10 of 94 3 The name subcontractors approved by City, c Wther with quantities, unit prices, and extended dollar amounts, are as follows (or shown on an attachment): King Contracting. Enc Directional Drilling scion,000 4. Payments are to be made to the Contractor in accordance with the Supplementary Conditions. DATED this /5 rh day of June_ , 2009. City Contractor A • --�._ By vin Steele Interim City Manager STitle) President ATTEST: ATTEST: ZOeelen,13 r 2jix) 9`C . (Title) c.tro City Clerk (Company Official) Approved By: .111- 91aS.G 4.. City Attorney's Office ctiw/9 c)-‹ t 1.0 C) 1 - p' --t, rn 373 W AG-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 11 of 94 PERFORMANCE AND PAYMENT BOND , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and (insert the legal title of the Surety) , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Dollars ($ ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of , entered into a (date) written Agreement with Owner for the Iowa Avenue Inverted Siphon Sewer 2009 Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by VJ Engineering, Iowa City, Iowa, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ,are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the„Project in accordance with the terms and conditions of the Agreement; ar41 upontletermina- tion by Owner and Surety of the lowest responsible bidder, arrange fot a cor' act between such bidder and Owner, and make available, as worii',mogtesses3iven though there may be a default or a succession of defaults unde' e Agreement or subsequent contracts of completion arranged under this paragrapl'), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not PB-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 12 of 94 exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount property paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of five ( 5 ) years from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS DAY OF • , 2009. IN THE PRESENCE OF: 4 (Principal) Witness (Title) (Surety) Witness (Title).. (Street). r (CityL tate;ip) c_ a on) i— r— NJ --_! PB-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 13 of 94 Contract Compliance Program CITY OF IOWA CITY zic) O� r` 'gym I Ga Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 14 of 94 SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of$25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3)or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. 101 C) 8y m ry CC-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 15 of 94 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES CC2 AND CC3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) a. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. c.�n c- =-t c) r- j Co CC-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 16 of 94 ,. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? I The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date I t_-7 sss.� m -r� � N CC-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 17 of 94 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES I . COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 1. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicants ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non-biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. :Furtherrriore, all companies should post and otherwise publicize all job promotional opportunities and epcourage ,all qualified employees to bid on them. c;-C �r- CC-4 A _ O) Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 18 of 94 w+^� til City of C Attached for your information is a copy of Section 2 — 3 — 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the. City. C 1 2 < r- :{rn -v O34 W x -4 CC-5 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 19 of 94 2-3-1 2-3-1 CHAPTER 3 DISCRIMINATORY PRACTICES SECTION: C. It shall be unlawful for any employer, employment agency, labor organize- 2-3-1: Employment; Exceptions lion or the employees or members 2-3-2: Public Accommodation; thereof to directly or Indirectly adver- Exceptions tise or in any other manner indicate or 2-3-3: Credit Transactions; Exceptions publicize that individuals are unwel- 2-3-4: Education come, objectionable or not solicited 2-3-5: Aiding Or Abetting; Retaliation; for employment or membership be- Intimidation cause of age, color, creed, disabUfty, gender identity, marital status, nation- al origin, race, religion, sex or sexual orientation. (Ord. 95-3897, 11-7-1995) 2-3-1; EMPLOYMENTI EXCEPTIONS: C Employment policies relating to preg- A. It shall be unlawful for any employer nancy following: shall be governed the to refuse to hire, accept, register, by classify, upgrade or refer for employ- ment, or to otherwise discriminate in 1. A wrttten or unwritten employment employment against any other person policy or practice which excludes from or to disohergfany..employee be- employment applicants or employees cause of age, coltit. creed, disability, becauseof the employee's pregnancy gender identity,.mental statusr_n ation- Is a prima facie violation of this Title. al origin, raoe, religion, sex or sexual orientation. 2. Disabilities caused or contributed to by the employee's pregnancy, miscar- B. It shall be unlawful for any labor orga- nage, childbirth and recovery there- nization to refuse to admit to member- from are, for all Job-related purposes, ship, apprenticeship or training an temporary disabilities and shall be applicant, to expel any member, or to treated as such under any health or otherwise discriminate against any temporary disability Insurance or sick applicant for membership, apprentice- leave plan available in connection with ship or training or any member in the employment or any written or unwrtt- privileges, rights or benefits of such ten employment policies and practices membership, apprenticeship or train- involving terms and conditions of Ing because of age, color, creed, employment as applied to other tern- disability, gender identity, marital porary disabilities. status, national origin, race, religion, sex or sexual orientation of such ap- E. Ito shallit ore unlawfulequire afor s 8any pdersoon tn oo plicant or member. employment of any employee or pro- 1--3 c� CD — ---I 897 Iowa City C)--< I :< m CD 743 C3 a) CC-6 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 20 of 94 2-3-1 2-3-1 spective employee a test for the pres- 2. An employer or employment agency once of the antibody to the human which chooses to offer employment or immunodeficiency virus. An agree- advertise for employment to only the ment between an employer, employ- disabled or elderly. Any such employ- ment agency, labor organization or ment or otter of employment shall not their employees, agents or members discriminate among the disabled or and an employee or prospective em- elderly on the basis of age, color, ployee concerning employment, pay creed, disability, gender identity, man- or benefits to an employee or pro- tal status, national origin, race, reli- spective employee In return for taking gion, sex or sexual orientation. (Ord. a test for the presence of the antibody 95-3697, 11-7-1995) to the human Immunodeficiency virus, is prohibited. The prohibitions of this 3. The employment of individuals for subsection do not apply if the State work within the home of the employer epidemiologist determines and the if the employer or members of the Director of Public Health declares family reside therein during such em- through the utilization of guidelines ployment. established by the Center for Disease Control of the United States Depart- 4. The employment of individuals to ment of Health and Human Services, render personal service to the person that a person with a condition related of the employer or members of the to acquired immune deficiency syn- employer's family. drams poses a significant risk of transmission of the human immunode- 3. To employ on the basis of sex in ficiency virus to other persons In a those certain instances where sax is a specific occupation. bona fide occupational qualification reasonably necessary to the normal F. The following are exempted from the operation of a particular business or provisions of this Section: enterprise. The bona fide occupational qualification shall be interpreted nar- 1. Any bona fide religious institution or rowly. its educational facility, association, corporation or society with respect to 6. A State or Federal program de- any qualifications for employment signed to benefit a specific age classi- based on religion when such qualifica- fication which serves a bona fide pub- flans are related to a bona fide reli- lic purpose. gious purpose. A religious qualifica- tion for instructional personnel or an 7. To employ on the basis of disability administrative officer, serving in a In those certain Instances where pres- supervisory capacity of a bona fide ence of disability is a bona fide occu- religious educational facility or rell- pattonal qualification reasonably nec- gious institution shall be presumed to essary to the normal operation of a be a bona fide occupational qualifica- particular business or enterprise. The tlon. (Ord. 94-3847, 11-8-1994) bona fide occupational qualification shall be Interpreted narrowly. (Ord. 94-3847. 11-8-1994) • 897 —"!C7 C Iowa City 'gym -11 iT � N Lil CC-7 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 21 of 94 GENERAL CONDITIONS Division 11, General Requirements and Covenants of the Iowa Department of Transportation "Standard Specifications for Highway and Bridge Construction," Series of 2001, as amended, shall apply except as amended in the Supplementary Conditions. cj - t7-C i :ern s m Q� OD GC-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 22 of 94 SUPPLEMENTARY CONDITIONS ARTICLES WITHIN THIS SECTION S-1 Definitions S-2 Limitations of Operations S-3 Insurance S-4 Supervision and Superintendence S-5 Concerning Subcontractors, Suppliers and Others S-6 Compliance with OSHA Regulations S-7 Employment Practices S-8 Contract Compliance Program (Anti-Discrimination Requirements) S-9 Measurement and Payment S-10 Taxes S-11 Construction Stakes S-12 Permit Requirements f Caption and Introductory Statements These Supplementary Conditions amend or supplement Division 11 of the Iowa Department of Transportation "Standard Specifications.for Highway and Bridge Construction," Series of 2001, as amended and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. S-1 DEFINITIONS. ADD to or CHANGE the following definitions within 1101.03 of the IDOT STANDARD SPECIFICA- TIONS. "ENGINEER" shall mean the Director of Public Works for the City of Iowa City, Iowa or his authorized representative. "OWNER" and "CITY" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized agents. "CONTRACTING AUTHORITY," "DEPARTMENT OF TRANSPORTATION," or "COUNTY" shall mean the CITY. "IDOT STANDARD SPECIFICATIONS" shall mean the Iowa Department of Tr4nsportation "Standard Specifications for Highway and Bridge Construction," Series of2001, s amended. S-2 LIMITATIONS OF OPERATIONS. -7- Add the following paragraph to 1108.03 of the IDOT STANDARD SPECIFICAVNS:c, Except for such work as may be required to properly maintain lights an0Eirrifa'des, work N C., R-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 23 of 94 will be permitted on Sundays or legal holidays without specific permission of the ENGINEER. 3-3 INSURANCE. A. CERTIFICATE OF INSURANCE: CANCELLATION OR MODIFICATION 1. Before commencing work, the Contractor shall submit to the City for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. The liability limits required hereunder must apply to this Project only. 2. The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt work on the contract, and to withhold payment for any work performed on the contract. B. MINIMUM COVERAGE Any policy or policies of insurance purchased by the Contractor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Comprehensive General Liability Each Occurrence Aggregate Bodily Injury & Property Damage* $1,000,000 $2,000,000 Automobile Liability Combined Single Limit Bodily Injury & Property Damage $1,000,000 Excess Liability $1,000,000 $1,000,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. *Property Damage liability insurance must provide explosion, collapse and underground coverage when determined by City to be applicable. The City requires that the Contractor's Insurance carrier be A rated or better by A.M. Best. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: 1. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy,-be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction by virtue of investigation-or defense .costs incurred by Contractor's insurer. fir-- WI -v fr., 2. The entire amount of the Contractor's liability insurance policy coverage limits sb ll be payable by the Contractor's insurer, with no deductible to be paid-by, or self-inured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any R-2 Case 4:11-cv-00260-JEG -TJS Document 2 filed 06/01/11 Page 24 of 94 such deductible or self-insured retention. 3. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The City prefers that Contractor provide it with "occurrence form" liability insurance coverage. If Contractor can only provide "claims-made" insurance coverage, then the Contractor must comply with the following requirements: a. If the Contractor changes insurance carriers, or if Contractor's insurance coverage is canceled, during the contract period or.within five:years after City's acceptance of the work, Contractor agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. c. If, during said period, Contractor voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, Contractor shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two years after City Council acceptance of the work, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts during the period of this Contract from and after its inception. d. "Tail" or "prior acts" coverage so,provided shall have the same coverage, with the same limits, as the insurance specified,in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self-insured retention than the insurance.which.it replaces. 5. The City reserves the right to waive any of the insurance requirements herein provided. The City also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and pursue any and all remedies available to the City. 6. In the event that any of the policies of insurance or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract, or due to other activities not under this.Contract but covered by the same insurance, and such losses reduce the aggregate limits. of.Contractor's liability insurance below the limits required hereunder, then in that event the City may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 7. In the event that any of the policies or insurance coverage identified on Contractor's Certificate of Insurance are canceled or modified, the City may in its discretion either suspend Contractor's operations or activities under this Contract, or _terminate this Contract, and withhold payment for work performed on the Contract C. HOLD HARMLESS .7)-,1'; r-- 1. The Contractor shall indemnify, defend and hold harmless the Clef Io Citd its N R-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 25 of 94 officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. 2. Contractor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City, Iowa. S-4 SUPERVISION AND SUPERINTENDENCE. Add the following paragraph to 1105.05 of the IDOT STANDARD SPECIFICATIONS: CONTRACTOR shall maintain a qualified and responsible person available 24 hours per day, seven days per week to respond to emergencies which may occur after hours. CONTRACTOR shall provide to ENGINEER the phone number and/or paging service of this individual. 5-5 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS. Add the following paragraph to 1108.01 of the IDOT STANDARD SPECIFICATIONS: Bidders shall list those persons, firms, companies or other parties to whom it proposes/intends to enter into a subcontract regarding this project as required for approval by the City and as noted on the Form of Proposal and the Agreement. If no minority business enterprises (MBE) are utilized, the CONTRACTOR shall furnish documentation of all efforts to recruit MBE's. S-6 COMPLIANCE WITH OSHA REGULATIONS. Add the following paragraphs to 1107.01 of the IDOT STANDARD SPECIFICATIONS: The Contractor and all subcontractors shall comply with the requirements of 29 CFR 1910 (General Industry Standard) and 29 CFR 1926 (Construction Industry Standard). The Contractor and all subcontractors are solely responsible for compliance with said regulations. The Contractor will provide Material Safety Data Sheets (MSDS) for all hazardous chemicals or materials that will be at the job. site. The..Material.Safety Data Sheets will be submitted to the Project Engineering prior to the start of construction and supplemented as necessary throughout the_proj9ct. This data is being provided for informational purposes only and does not relieve the contractor of any obligations for compliance with applicable OSHA and State laws regarding hazardous chemicals and right-to-know. S-7 EMPLOYMENT PRACTICES. .5= �-< Neither the Contractor nor his/her subcontractors, shall employ any person whose{.,physical or mental condition is such that his/her employment will endanger the health and. safety of them- selves or others employed on the project. Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: R-4 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 26 of 94 Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. S-8 CONTRACT COMPLIANCE PROGRAM (ANTI-DISCRIMINATION REQUIREMENTS). For all contracts of $25,000 or more, the Contractor shall abide by the requirements of the City's Contract Compliance Program, which is included with these Specifications beginning on page CC-1. S-9 MEASUREMENT AND PAYMENT. Section 01025, Measurement and Payment, contained in Division 1 of these specifications defines all pay items and methods of measurement. The provisions of this section will supersede applicable sections in the IDOT STANDARD SPECIFICATIONS. S-10 TAXES. Contractors and approved subcontractors will be provided a Sales Tax Exemption Certificate to purchase building materials, supplies, or equipment in the performance of the contract. The Contractor shall submit the information necessary for the certificates to be issued. S-11 CONSTRUCTION STAKES. Replace the last paragraph of 1105.06 of the IDOT Standard Specifications with the following: The Contractor shall be responsible for the preservation of stakes and marks. Any necessary re-staking will be at the Contractor's expense and will be charged at a rate of $115 per hour. 5-12 PERMIT REQUIREMENTS. The Contractor shall comply with all local, state and federal statutes, ordinances, rules and permit requirements. N) -r c-, rn r az r N (T R-5 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 27 of 94 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 SUMMARY: A. Procedures and submittal requirements for schedule of values, applications for payment, and unit prices. 1.02 STANDARD OF MEASUREMENTS: A. Work completed under the contract shall be measured by the Engineer. Payment will be based on the actual quantity of work performed according to the various classes of work specified unless noted in Part 3 of this Section. The Contractor will be given an opportunity to be present during measurement 1.03 SCOPE OF PAYMENT: A. The Contractor shall accept the compensation as herein provided as full payment for furnishing materials, labor, tools and equipment and for performing work under the contract; also, for costs arising from the action of the elements, or from any unforeseen difficulties which may be encountered during the execution of the work and up to the time of acceptance. B. Construction items may be bid as a lump sum or as itemized work, which will be paid on a unit cost basis. In either case, some work may be required for which a separate pay item is not provided. Completion of this work is required: If a separate pay item is not provided for this work, it is to be considered incidental to the project and no separate payment will be made. PART 2 - PRODUCTS ES - 2.01 NONE = PART 3 - EXECUTION r71rr 3.01 PROCEDURE: ' ' C.) OD A. Payment under this contract shall occur no more than once per month for work completed by the Contractor. Payment is based on an estimate of the total amount and value of work completed minus 5% retainage. It is not the City's policy to pay for materials and equipment stored or furnishings fabricated off site. The 5% retainage will be released 31 days after the project is accepted by the City Council, provided no claims against the project have been filed within 30 days of project acceptance. Chapter 573 of the Code of Iowa will govern the release of retainage and resolution of claims. 01025-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 28 of 94 3.02 BID ITEMS: A. GENERAL The following subsections describe the measurement of and payment for the work to be done under the items listed in the FORM OF PROPOSAL. Each unit or lump sum price stated shall constitute full payment as herein specified for each item of work completed in accordance with the drawings and specifications, including clean up. It is the Contractor's responsibility to identify the locations of public and private utilities. No additional compensation will be made for any interference or delay caused by the placement and/or relocation of said utilities. No additional compensation will be made for repair costs to fix damage caused by the Contractor or his/her Subcontractors. Work associated with existing items on private and/or public property that are to be protected, removed, relocated, replaced, reinstalled or modified is considered incidental unless it is listed as an item in the FORM OF PROPOSAL. Existing items damaged or unsuitable for relocation or reinstallation will be replaced with like item and painted, if necessary, at the Contractor's expense. All trees and shrubs shall remain and be protected from damage unless specifically noted as "REMOVE" or "CLEAR AND GRUB" on the project plans and as otherwise directed by the Engineer. The prices for those items which may have any impact on existing trees and shrubs shall include compensation for special precautionary measures required to prevent injury or damage to said tree,shrub or root system. The prices for those items which involve grading or excavation shall include compensation for top soil removal and replacement (unless it is listed as an item in the FORM OF PROPOSAL), disposal of surplus excavated material, handling water, installation of all necessary sheeting, bracing and temporary fencing around all open excavations and supply, placement and compaction of specified backfill. The prices for those items which involve surface removal adjacent to buildings or vaults shall include compensation to protect exposed surfaces from water which may leak or seep into vaults and/or basements. All labor, materials and equipment required to bring surfaces to the proper elevation and density including loading, hauling, and disposal of unsuitable material, below grade excavation, borrow and hauling, placing, forming, drying, watering and compaction of fill material, and all such work as may be required to make the grading work complete with a uniform surface free of rock, broken concrete, tree roots, limbs and other debris is incidental to this project unless it is listed as an item in the FORM OF PROPOSAL. The Contractor must pay for all parking permit fees, meter hoods,*.ftd,-ramp fees, and parking tickets. The Contractor must figure these costs into their bird SCice§.•The City will not waive parking fees or fines. Permits paid for by the Contractor=s be issuedy for construction vehicles, not personal vehicles. _ ' .70 e'i 1 The Contractor shall be responsible for continuous cleaning of mud- d;debris off ajacent driveways, streets, sidewalks and private property, when mud and debris igeposited there as a result of any construction activity. The cost of clean up shall be incidental. 01025-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 29 of 94 B. BID ITEM DESCRIPTIONS 1. Sanitary Sewer, LRCP. Paid for at the unit price per lineal foot for the number of lineal feet furnished and installed as per the plans and specifications. Price includes all labor and materials necessary for excavation, installation, testing, connections to manholes, backfilling and compacting of trench, and dewatering. 2. Sanitary Sewer, HDPE. Paid for at the unit price per lineal foot for the number of lineal feet furnished and installed as per the plans and specifications. Price includes all labor and materials necessary for horizontal directional drilling, excavation, installation, testing, connections to manholes, backfilling and compacting of trench, and dewatering. 3. Inlet Structure. Payment for this bid item shall include all labor and materials necessary for excavating, installing, temporary sheeting and shoring, dewatering, concrete, reinforcing steel, access hatch, sluice gates, valve boxes, thrust collar/wall pipe, pipe connections, backfilling, bypass pumping, and associated miscellaneous work as shown on the drawings. Temporary rock surfacing and removal and replacement of existing pavement and sidewalk as necessary to perform the work are incidental to this bid item. All signage, flaggers, and temporary pavement markings needed for pedestrian and traffic control and detour are also. incidental to this bid item. Contractor shall supply adequate pedestrian and traffic control in accordance with the most current MUTCD standards. 4. Outlet Structure. Payment for this bid item shall include all labor and materials necessary for excavating, installing, temporary sheeting and shoring, dewatering, concrete, reinforcing steel, access hatch, sluice gates, valve boxes, thrust collar/wall pipe, pipe connections, backfilling, bypass pumping, and associated miscellaneous work as shown on the drawings. Temporary rock surfacing and removal and replacement of existing pavement and sidewalk as necessary to perform the work are incidental to this bid item. All signage, flaggers, and temporary pavement markings needed for pedestrian and traffic control and detour are also incidental to this bid item. Contractor shall supply adequate pedestrian and traffic control in accordance with the most current MUTCD standards. w "b_1 5. Sanitary Manhole, 5' Diameter. mac, rn Payment for sanitary manholes shall be per each only and shall include all labordnd materials necessary for excavating, installing, temporary sheeting and shoring, dewatering, concrete, frame and cover, chimney seal, manufacturer installed A-Lok gaskets, manhole steps, drop manhole connections, o-ring joints at manhole sections, backfilling, bypass pumping, and associated miscellaneous work for standard manholes as provided in Section 02700 and shown on the drawings. Also includes any connections to existing sewers as required on the plans. Depth measured from top of rim to flow line into manhole as shown on the plans. Temporary rock surfacing and removal and replacement of existing pavement and sidewalk as necessary to perform the work are incidental to this bid item. All nIrnc Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 30 of 94 signage, daggers, and temporary pavement markings needed for traffic control and detour are also incidental to this bid item. Contractor shall supply adequate traffic control in accordance with the most current MUTCD standards. 6. Sanitary Manhole, 6' Diameter. Payment for sanitary manholes shall be per each only and shall include all labor and materials necessary for excavating, installing, temporary sheeting and shoring, dewatering, concrete, frame and cover, chimney seal, manufacturer installed A-Lok gaskets, manhole steps, drop manhole connections, o-ring joints at manhole sections, backfilling, bypass pumping, and associated miscellaneous work for standard manholes as provided in Section 02700 and shown on the drawings. Also includes any connections to existing sewers as required on the plans. Depth measured from top of rim to flow line into manhole as shown on the plans. Temporary rock surfacing and removal and replacement of existing pavement and sidewalk as necessary to perform the work are incidental to this bid item. All signage, flaggers, and temporary pavement markings needed for traffic control and detour are also incidental to this bid item. Contractor shall supply adequate traffic control in accordance with the most current MUTCD standards. 7. Existing Sanitary Sewer Removal. The unit price for this item will be paid based on the number of linear feet of designated pipe which is removed as measured along the pipe centerline and includes excavation, temporary sheeting and shoring, dewatering, saw cut of structures, demolition, removal, including flared-end sections, disposal of debris, and supply, placement and compaction of specified backfill. S. Existing Sanitary Structure Removal. ;he unit prices for these items will be paid based on the number of each type of designated structure which is removed and includes excavation, temporary sheeting and shoring, dewatering, demolition, removal, disposal of debris and supply, placement and compaction of specified backfill, and plugging of existing pipes. 9. Clearing and Grubbing. The lump sum price for this item includes all work required to cut, remove and dispose of trees, stumps, roots, logs, down timber, hedges, brush, shrubs, corn, crops, vegetation, rubbish and field fence within the limits of construction as directed by the Engineer. Also included is removal, salvage, relocation and replacement of mailboxes, decorative fencing, planters, flagpoles, and similar other items as directed by the Engineer. '- 10. Erosion Control. _ This item includes the installation and maintenance of erosion and sediment'control practices as provided in the plans and specifications. :<1 - rr CD 11. Surface Restoration Includes furnishing labor, materials, equipment and operations necessary to fertilize, seed and mulch areas disturbed by the construction in accordance with the plans and specifications. Payment will be based upon the acre quantity for Surface n1ms-a Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 31 of 94 Restoration computed from the drawings unless a design change is ordered and approved. 12. Mobilization. Includes the cost of transportation to and from the project of any associated equipment for the completion of the project from the start date to the date the City accepts the project as complete. Payment shall be lump sum only as per amount bid. O E3 e r rn —0 ni C3:1'7/ CA) Y _ co 01025-5 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 32 of 94 SECTION 01310 PROGRESS AND SCHEDULES PART 1 - GENERAL 1.01 SUMMARY: A. Prepare, submit and update as necessary a schedule of the work. B. Time is of the essence. Minimizing inconvenience, disruption and duration of disruption to residences and businesses is a high priority. Scheduling of work shall be planned with this in mind. 1.02 SUBMITTALS: A. The Contractor shall submit prior to the Pre-Construction meeting a detailed schedule of the proposed work with the controlling operation identified. The schedule shall include proposed dates and durations of street closings. Work may not begin until the schedule is approved by the Engineer. B. The Contractor shall submit updated construction schedules at two week intervals throughout the project. PART 2 - PRODUCT'S None. PART 3 - EXECUTION 3.01 MEETINGS PRIOR TO CONSTRUCTION: A. A Pre-Construction meeting will be held prior to beginning work. 3.02 PROGRESS OF WORK: A. The specified late start date is June 1, 2009. The specified completion date is August 14, 2009. Liquidated damages of$300 per day will be charged on work beyond the completion date. B. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m. without the approval of the Engineer, with the exception of saw cutting freshly poured concrete. C. Work will proceed in a well organized and continuous manner to minimize ttidisruption to the general public (both pedestrian and vehicular) and the local buesses and residents. Access to businesses and residences shall be maintained at all times. _ :. - D. Restoration activities such as pavement replacement will follow cl-or behind the work even if multiple mobilizations are necessary. __r" 0 ril c a tD r.) aN 01310-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 33 of 94 E. The Contractor will become an active partner with the City in communicating with and providing information to concerned residents and businesses. F. Work will be staged to minimize the length of time parking spaces and parking revenue are lost. 3.0.E COORDINATION WITH UTILITIES AND RAILROADS: A. It is anticipated that utility conflicts will occur which cannot be taken care of ahead of time. The Contractor shall work closely with the utility companies to aid in these relocations to keep the project on schedule. S. The Railroads will provide all labor, materials and equipment for railroad facility removal, excavation, disposal, sub-drainage, ballast,sub-ballast and trackage renewal. C. The Railroads have certain time limitations on when the above mentioned work must take place. It shall be the Contractor's responsibility to coordinate and be available to meet the Railroads' schedule. Any costs associated with train rerouting due to circumstances caused by the Contractor shall be at the expense of the Contractor. 3.04 STREET CLOSINGS: A. Notify the Engineer four days in advance of street closings so that a press release can be issued. No street may be closed without the Engineer's approval and said notification. • 71 7-< I �= --i c":, _f Ti -[7 rn C�� c •• s _ 00 01310-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 34 of 94 SECTION 01570 TRAFFIC CONTROL AND CONSTRUCTION FACILITIES PART 1 - GENERAL 1.01 SUMMARY: A. Furnish, install and maintain traffic control and construction facilities required for the work. Remove when work is completed. 1.02 REFERENCES: A. IDOT Standard Specifications. B. U.S. Department of Transportation Federal Highway Administration "Manual on Uniform Traffic Control Devices for Streets and Highways," 1988 Edition, as revised. C. Traffic Control Notes on project plans. 1.03 SUBMITTALS: A. Submit a traffic control plan for all activities requiring traffic control not specifically addressed by the project plans. PART 2 - PRODUCTS 2.01 MATERIALS: A. Traffic control devices may be new or used, but must meet the requirements of the IDOT Standard Specifications. B. All construction fence shall be new and securely fastened to approved posts and installed as directed by the Engineer. 2.02 EQUIPMENT: A. Portable generators may not be used to power traffic control devices within 300 feet of residential dwellings, including apartments, between the hours of 10:00 p.m. and 7:00 a.m. PART 3 - EXECUTION ,-,J O 3.01 TECHNIQUES: c7 D ;, A. • Except as amended in this document, the work in this sectiona+A cwformlwith the following divisions and sections of the IDOT Standard Specificationrn Division 11. General Requirements and Covenants. Section 1107.09. Barricades and Warning Signs. ry rn 01570-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 35 of 94 Division 25. Miscellaneous Construction. Section 2528. Traffic Control. 3.02 NO PARKING SIGNS: A. The City will furnish "NO PARKING" signs to facilitate removal of parked vehicles ahead of scheduled work. The Contractor is responsible for installation and maintenance of the signs 48 hours in advance of when the vehicles must be removed. 3.03 MAINTENANCE OF FACILITIES: A. The Contractor shall monitor the condition of traffic control and construction facilities at all times, including non-work hours. Repair, replace and maintain as necessary. B. Pedestrian access to homes and businesses shall be maintained at all times. Temporary gravel surfaces shall be provided as directed by the Engineer. 3.04 EXCAVATIONS: A. All excavations shall be fenced. 3.05 ADDITIONAL FACILITIES: A. All signs, barricades and fences within and beyond the project area deemed appropriate by the Engineer shall be the responsibility of the Contractor. • r cp 7:1 CJ 01570-2 ease 4:11-cv-UU1bU-Jt(i - I J5 uocument z ruea Ub1U1/1 .1 rage it or i4 SECTION 02050 DEMOLITIONS, REMOVALS AND ABANDONMENTS PART 1 - GENERAL 1.01 SUMMARY: A. Furnish labor, materials, tools and equipment to remove existing paved surfaces as indicated and specified. B. Furnish labor, materials, tools and equipment to remove existing storm sewer pipes,sanitary sewer pipes, intakes, and drainage structures as indicated and specified. L02 REFERENCES: A. IDOT Standard Specifications. 1.03 QUALITY ASSURANCE: A. Disposal sites shall comply with all applicable Iowa Department of Natural Resources and United States Environmental Protection Agency regulations. B. Comply with all state and local ordinances pertaining to hauling and disposal of rubbish, broken concrete, asphalt, stone; bricks, castings; and other waste or debris resulting from work on the project. 1.04 SUBMITTALS: A. Locations of disposal sites. PART 2 - PRODUCTS 2.01 MATERIALS: A. Granular backfill material shall consist of Class A Crushed Stone, IDOT Standard Specification Section 4120.04 and Section 4109; Gradation No. 11. B. Explosives shall not be used for demolition. -71 y'-0- — PART 3 - EXECUTION c-)-t r- 3.01 TECHNIQUES: — c7- A. Except as amended in this document, the work in this section will corm with the following divisions and sections of the IDOT Standard Specifications: Division 24. Structures. Section 2401. Removal of Existing Structures. 02050-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 37 of 94 Division 25. Miscellaneous Construction. Section 2510. Removal of Old Pavement. Section 2511. Removal and Construction of Portland Cement Concrete Side- walks. Section 2515. Removal and Construction of Paved Driveways. Section 2516. Removal and Construction of Retaining Walls and Steps. 3.02 INSPECTION: A. Limits of demolition shall be per 3.04 of this section. The Engineer reserves the right to revise demolition limits if required by the nature of construction. 3.03 PROCEDURES: A. Utilities 1. Notify all corporations, companies, individuals and state or local authorities owning pipelines, water lines, gas mains, buried and overhead electric facilities, telephone, cable television, fiber optic, and other public or private utilities shown on the drawings or otherwise known or discovered to be in the project area. 2. When active utilities are encountered, promptly take necessary measures to support and protect said utilities and maintain them in service. 3. If active utilities are damaged or interrupted as a result of work on the project, take appropriate measures to restore service immediately. Restoration of utility services under these circumstances shall be at the Contractor's expense. 4. Active utilities shown on the drawings to be relocated, or which require relocation due to unforeseen circumstances or conditions, shall be relocated in accordance with instructions from the Engineer. Generally, the respective utility owners shall be responsible to perform relocation work for their facilities. The Contractor shall cooperate with these efforts in every reasonable way and shall not be entitled to additional compensation for delays resulting from such relocations. B. Site Protection Measures 1. Barricade and fence open excavations or depressions resulting from work during non-working hours and when not working in immediate area. Provide suitable warning devices adjacent to excavations and work areas. Z. Warning devices shall be kept operational during all non-working`ai7d non-active periods. m C. Site Access Measures - -< < --t C.) c^ r 1. Pedestrian access to homes and businesses shall be nralntaine±at 4111imes. Temporary gravel surfaces shall be provided as directed by theIngiheer. 4- c:) 02050-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 38 of 94 Z. Contractor shall perform demolition and removal operations so as to maintain vehicular access to adjacent properties and businesses to the maximum extent possible. D. Disposals 1. No material or debris shall be buried within the project work area. All unsuitable material resulting from demolitions and removals shall be hauled to and disposed of at a Contractor-furnished site approved by the Engineer or to the landfill. The Contractor shall pay the current tipping fee at the landfill. 3.04 DEMOLITION AND REMOVALS: A. Pavement and Sidewalk Removals 1. Removal shall be to the limits noted on the plans or as directed by the Engineer. ?. Pavement removal shall include brick, P.C. Concrete, and A.C. Concrete pavements, driveways, alleys, parking lots, and sidewalks. Removal of chip seal or aggregate surfaces is not considered pavement removal. 3. Sawcuts shall be approved by the Engineer. 4. Removal operations shall conform to construction phasing noted on the plans or as directed by the Engineer. B. Sewer Abandonment and Removal 1. Removal shall be at the locations and to the limits noted on the plans or as directed by the Engineer. 2. Backfill under and within 5 feet of paved surfaces shall be Class A crushed stone compacted to 95% Standard Proctor Density. The top 12 inches directly below paved surfaces shall be Class A crushed stone compacted to 98% Standard Proctor Density. Other excavations shall be backfilled with suitable excavated material, compacted to 90% Standard Proctor Density. 3. Sewers to be abandoned, but not removed, shall be bulkheaded at each end with concrete. 4. Select castings shall be delivered to the pollution control plant at 1000 S. Clinton Street as directed by the Engineer. :-a CD i 1 rr; -v Fri rV 02050-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 39 of 94 SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.01 SUMMARY: A. Furnish labor, material, tools and equipment to prepare site as indicated and specified. 1.02 REFERENCES: A. IDOT Standard Specifications. PART 2 - PRODUCTS None. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 21. Earthwork, Subgrades and Subbases. Section 2101. Clearing and Grubbing. Division 25. Miscellaneous Construction. Section 2519. Fence Construction. 3.02 EXISTING TREES, SHRUBS AND VEGETATION: A. All trees, shrubs and vegetation shall remain and be protected from damage unless specifically noted as "REMOVE" or "CLEAR AND GRUB" on the plans or as directed by the Engineer. B. No construction materials and/or equipment are to be stored, piled, or parked within the trees'drip line. C. Contractor is responsible for damage outside the limits of construction, and for trees, shrubs and vegetation not designated for removal. The Contractor's liability for tree and shrub damage will be based on the appraised value, not replacement value, and shalt include the cost of appraisal by a qualified arborist. =tom 3 _ =acs 0 I c D _ co 02100-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 40 of 94 3.03 EXISTING STRUCTURES AND PROPERTY: A. Remove existing signs and posts within the construction area as directed by the Engineer. All permanent traffic signs will be removed, stored, and replaced by the City of Iowa City. Contractor shall provide 48 hour minimum advance notice for sign removal and for sign replacement Permanent signs will be replaced prior to concrete pours. B. Move mailboxes to a location approved by the Engineer prior to closing road. Salvage and store any unique supports for mailboxes. Restore mailboxes and their supports to their prior location and condition when road is reopened. 3.04 EXISTING FENCING: A. Only fencing designated by the Engineer shall be removed. B. Sections of fence removed for construction shall be replaced per the applicable bid item. If not addressed, replace with new materials. 3.05 EXISTING UTILITIES: A. Contact appropriate utility representative to verify the presence and location of buried utilities in the construction area. 3.06 EROSION CONTROL: A. Comply with Iowa City Code and Section 02270, Slope Protection and Erosion Control. Q C")-< I r- Cl crt r i 'i caw N tT 02100-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 41 of 94 SECTION 02220 EARTH EXCAVATION, BACKFILL, FILL AND GRADING PART 1 - GENERAL 1.01 SUMMARY: A. Excavating, placing, stabilizing and compacting earth, including trench and rock excavation, addition of borrow and backfill, disposal of excavated material, and topsoil, strip, salvage and spread. 1.02 REFERENCES: A. IDOT Standard Specifications. 1.03 QUALITY ASSURANCE: A. Whenever a percentage of compaction is indicated or specified, use percent of maximum density at optimum moisture as determined by ASTM D698-91, unless noted otherwise. B. Borrow sites and materials shall be approved by the Engineerprior to use. PART 2 - PRODUCTS 2.01 MATERIALS: A. Granular backfill material shall consist of Class A Crushed Stone, IDOT Standard Specification Section 4120.04 and Section 4109,Gradation No. 11. PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the [DOT Standard Specifications ::co Division 21. Earthwork, Subgrades and Subbases. All sections rn Division 24. Structures. co Section 2402. Excavation for Structures. f. •• co 3.02 TOPSOIL: A. Strip and stockpile topsoil from lawn, grass, and crop areas for surface restoration and landscaping work. Strip topsoil to a uniform depth to provide sufficient quantity of material for placement of a minimum of 9 inches of topsoil for surface restoration and landscaping. 02220-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 42 of 94 Protect topsoil from mixture with other materials such as aggregate and from erosion. Removal of topsoil from the site is permitted only after Engineer approval. 3.03 DRAINAGE AND DEWATERING: A. Provide and maintain ample means and devices (including spare units kept ready for immediate use in case of breakdowns) to intercept and/or remove promptly and dispose properly of all water entering trenches and other excavations. Keep such excavations dry until the structures, pipes, and appurtenances to be built therein have been completed to such extent that they will not be floated or otherwise damaged. B. Dispose of all pumped or drained water without undue interference to other work, or causing damage to pavements, other surfaces, or property. Provide suitable temporary pipes, flumes, or channels for water that may flow along or across the work site. C. Take all precautions necessary to prevent damage to the work by rain or by water entering the site, whether water entry be overland or by groundwater. 3.04 TRENCH EXCAVATION: A. General 1. Excavate trench by machinery to, or just below, designated subgrade when pipe is to be laid in granular bedding or concrete cradle, provided that material remaining at bottom of trench is only slightly disturbed. Z. Do not excavate lower part of trenches by machinery to subgrade when pipe is to be laid directly on bottom of trench. Remove last of material to be excavated by use of hand tools,just before placing pipe. Hand shape bell holes and form a flat or shaped bottom, true to grade, so that pipe will have a uniform and continuous bearing. Support on firm and undisturbed material between joints, except for limited areas where use of pipe slings have disturbed bottom. B. Protection 1. Barricade and fence open excavations or depressions resulting from work during non-working hours and when not working in immediate area. C. Trench Width I. Make pipe trenches as narrow as practicable and safe. Make every effort to keep sides of trenches firm and undisturbed until backfilling has been completed and consolidated. 2. Excavate trenches with vertical sides between elevation of center of..pipe and elevation 1 foot above top of pipe. y=; 3. Refer to plans for allowable trench widths within the OP-envelope;- ;fgravarious -t --r) types,sizes and classes of pipe. J .... Cd"? D. Trench Excavation in Fill p ry c-% 02220-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 43 of 94 1. Place fill material to final grade or to a minimum height of 6 feet above top of pipe when pipe is to be laid in embankment or other recently filled areas. Take particular care to ensure maximum consolidation of material under pipe location. Excavate pipe trench as though in undisturbed material. E. Excavation Near Existing Structures 1. Discontinue digging by machinery when excavation approaches pipes, conduits, or other underground structures. Continue excavation by use of hand tools. 2. Excavate exploratory pits when location of pipe or other underground structure is necessary for doing work properly. F. Disposal of Unsuitable Soil 1. The Contractor shall notify the Engineer and Iowa Department of Natural Resources(DNR) if soil contamination is found or suspected during excavation. 2. Soil disposal and remediation method shall be an option outlined in the IDOT Construction Manual Section 10.22, and approved by the Iowa DNR and City. The Contractor is not to proceed with soil removal and remediation measures until instructed by the Engineer. 3. Disposal site to be provided by the Contractor and approved by the Engineer and Iowa DNR 4. Contractor is responsible for completing and filing all necessary Federal, State and local government agency forms and applications. G. Care of Vegetation and Property 1. Use excavating machinery and cranes of suitable type and operate with care to prevent injury to trees, particularly to overhanging branches and limbs and underground root systems. 2. All branch, limb, and root cuttings shall be avoided. When required, they shall be performed smoothly and neatly without splitting or crushing. Trim injured portions by use of a chainsaw or loppers for branches, or an ax when working with roots. Do not leave frayed, crushed, or torn edges on any roots I" or larger in diameter or on any branches. Frayed edges shall be trimmed with a utility knife. Do not use tree paint or wound dressing. If conflicts with large roots and branches are anticipated, notify the Engineer. 3. No construction materials and/or equipment are to be stored,-piled, or parked within the trees' drip line. = T ;mss` I � 4. Excavators and loaders used on brick surfaces shall bOrfititerto tflose with rubberized tracks or rubber tires. .z ". 5. Do not use or operate tractors, bulldozers, or other equipment op,paved surfaces when treads or wheels can cut or damage such surfaces. 02220-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 44 of 94 6. Restore all surfaces which have been damaged by the Contractor's operations to a condition at least equal to that in which they were found before work commenced. Use suitable materials and methods for restoration. 7. Aerate all grassed and planter areas compacted by construction activities. 3. Utility lines, including drainage tiles, encountered shall be restored in one of the following ways: a. Repair or otherwise reconnect the utility across trench after trench has been backfilled, provided adequate drainage gradient is maintained, if applicable. b. Connect drainage tiles to nearest storm sewer. The Contractor shall document the location and elevation of any utility lines encountered. The Contractor shall notify the Engineer whenever a utility is encountered and submit the proposed method of restoring the utility for review and approval. All utility repairs shall be made prior to backfilling the trench. H. Water Services 1. Permanent copper water service lines which are damaged (cut, nicked, bent, crimped, crushed, etc.) shall be replaced from the water main to the curb box with new copper service pipe, without any joints. The cost for this work shall be at the Contractor's expense. 2. En my excavation where existing lead or galvanized iron water services are in the excavation or disturbed area, the Contractor shall replace the existing lead or galvanized piping with new 1-inch or larger copper water service pipe from the water main to the curb box_ The Contractor will be paid per the applicable bid item. If there is no bid item, the unit price for the replacement of the water service shall be negotiated prior to commencement of the work. 3. When water service is disrupted, the Contractor shall make a reasonable attempt to restore the service within two hours. 4. Water service pipe shall be type k soft copper. 3.05 ROCK EXCAVATION: CID A. Rock excavation will be considered incidental to the associated bid item. C • f B. Explosives shall not be used for rock excavation. �. ---i n cn r -v m 02220-4 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 45 of 94 3.06 BACKFILLING: A. General 1. Do not place frozen materials in backfill or place backfill upon frozen material. Remove previously frozen material or treat as required before new backfill is placed. B. Backfilling Excavations 1. Begin backfilling as soon as practicable and proceed until complete. 2. Material and Compaction a. Paved Areas: Under and within 5 feet of paved surfaces, including streets, sidewalks and driveways, backfill shall be Class A crushed stone placed in one foot lifts compacted to 95% Standard Proctor Density. The top 12 inches directly below paved surfaces shall be Class A crushed stone compacted to 98% Standard Proctor Density. If under pavement, backfill to bottom of the subgrade. If not under pavement, backfill to within 12 inches of finished surface. b. All other areas: Backfill shall consist of suitable job excavated material placed in one foot lifts compacted to 90% Standard Proctor Density. If excavated material is unsuitable, backfill with Class A crushed stone to within 12 inches of finished surface. c. Do not place stone or rock fragment larger than 2 inches within 2 feet of pipe nor larger than 12 inches in backfill. Do not drop large masses of backfill material into trench. C. Backfilling Around Structures I. Do not place backfill against or on structures until they have attained sufficient strength to support the loads, including construction loads, to which they will be subjected. Avoid unequal soil pressure by depositing material evenly around structure. 2. Backfill shall consist of Class A crushed stone placed in one foot lifts compacted to 95% Standard Proctor Density unless otherwise indicated or specified. 3.07 UNAUTHORIZED EXCA VA TION: A. When the bottom of any excavation is taken out beyond the limits indicated or specified, backfill, at Contractor's expense, with Class A crushed stone compacted t95% Standard Proctor Density. ._- �dfl n c, -ci— d-n -0 ill 02220-5 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 46 of 94 SECTION 02270 SLOPE PROTECTION AND EROSION CONTROL PART 1 - GENERAL 1.01 SUMMARY: A. Placement of silt fence, erosion control mat, engineering fabric, revetment stone, and erosion stone. 1.02 REFERENCES: A. IDOT Standard Specifications. B. Iowa Department of Transportation Highway Division "Standard Road Plans Manual", latest edition. 1.03 QUALITY ASSURANCE: A. Revetment stone and erosion stone shall meet the abrasion and durability requirements of Section 4130 of the IDOT Standard Specifications. B. Engineering Fabrics (geotextile) shall be of a non-woven material and conform to the requirements of IDOT Engineering Fabric for Embankment Erosion Control. 1.04 STORAGE: A. Prior to use, geotextile shall be stored in a clean dry place, out of direct sunlight, not subject to extremes of either hot or cold, and with the manufacturer's protective cover in place. Receiving, storage, and handling at the job site shall be in accordance with the requirements in ASTM D 4873. PART 2 - PRODUCTS 1.01 MATERIALS: A. Except as amended in this document, the materials in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 41. Construction Materials. c Section 4130. Revetment Stone and Erosion Stone. o Section 4169. Erosion Control Materials. Section 4196. Engineering Fabrics. C)-< -<f m [7 D .. 02270-1 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 47 of 94 PART 3 - EXECUTION 3.01 TECHNIQUES: A. Except as amended in this document, the work in this section will conform with the following divisions and sections of the IDOT Standard Specifications: Division 25. Miscellaneous Construction. Section 2507. Concrete& Stone Revetment. and the following IDOT Standard Road Plans: RC-5 Wood Excelsior Mat RC-16 Silt Fence 3.02 SCHEDULE: A. Silt fence shall be installed at locations indicated on the plans immediately upon completion of grading. Wood excelsior mat shall be placed and staked in seeded areas of swales immediately following seeding. 3.03 CEOTEXTILE: A. Surface Preparation 1. The surface on which the geotextile is to be placed will be graded to the neat lines and grades as shown on the plans. The surface will be reasonably smooth and free of loose rock and clods, holes, depressions, projections, muddy conditions and standing or flowing water. B. Placement 1. Prior to placement of the geotextile, the soil surface will be inspected for quality of design and construction. The geotextile will be placed on the approved surface at the locations and in accordance with the details shown on the plans. The geotextile will be unrolled along the placement area and loosely laid (not stretched) in such a manner that it will conform to the surface irregularities when material is placed on or against it. The geotextile may be folded and overlapped to permit.proper placement in the designated areax - _ _ C D 2. The geotextile will be joined by overlapping a minimum-eta-18 inches `(unless otherwise specified on the plans or by the manufacturer), and 'secure¢ againlsti the underlying foundation material. Securing pins, approved cants provided ipT the geotextile manufacturer, shall be placed along the edge of thepanel orroll material to adequately hold it in place during installation. Pins will be steel:or fiberglass formed as a "U", "L", or "T' shape or contain "ears" to prevent total penetration. Steel washers will be provided on all but the "U" shaped pins. The upstream or up- slope line will be inserted through both layers along a line through approximately the midpoint of the overlap. At horizontal laps and across slope laps, securing pins will be inserted through the bottom layer only. Securing pins will be placed along a line approximately 2 inches in from the edge of the placed geotextile at intervals not to exceed 12 feet unless otherwise specified. Additional pins will be installed 02270-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 48 of 94 as necessary and where appropriate, to prevent slippage or movement of the geotextile. The use of securing pins will be held to the minimum necessary. Pins are to be left in place unless otherwise specified. 3. Should the geotextile be torn or punctured, or the overlaps disturbed, as evidenced by visible damage, subgrade pumping, intrusion, or grade distortion, the backfill around the damaged or displaced area will be removed and restored to the original approved condition. The repair will consist of a patch of the same type of geotextile being used, overlapping the existing geotextile. Geotextile panels joined by overlap will have the patch extend a minimum of 2 feet from the edge of any damaged area. 4. The geotextile will not be placed until it can be anchored and protected with the specified covering within 48 hours or protected from exposure to ultraviolet light. In no case will material be dropped on uncovered geotextile from a height greater than 3 feet ry 0 'O .71-4 : 7" in f� � W D N 02270-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 49 of 94 SECTION 02700 SEWERS PART 1 - GENERAL 1.01 SUMMARY: A. Construction of piping and structures for the collection and transmission of wastewater and storm water. 1.02 REFERENCES: A. Lined Reinforced Concrete Pipe 1. ASTM C76, latest edition, Standard Specification for Reinforced Concrete Culvert, Storm Drain and Sewer Pipe. 2. ASTM C443, latest edition, Standard Specification for Joints for Circular Concrete Culvert and Sewer Pipe, Using Rubber Gaskets. 3. ASTM C361, latest edition, Standard Specification for Reinforced Concrete Low- Head Pressure Pipe. 4. Steel Structures Painting Council (SSPC) Specification No. 16, Table 1. B. Ductile Iron Pipe 1. ANSI/AWWA-A21.5/C151, latest edition, Ductile-Iron Pipe, Centrifugally Cast in Metal Molds or Sand-Lined Molds, for Water or Other Liquids. 2. ANSUAWWA- A21.50/C150, latest edition, Thickness Design of Ductile-Iron Pipe. 3. ANSUAWWA-A21.53/C153, latest edition, Ductile-Iron Compact Fittings, 3 in. through 16 in., for Water and Other Liquids. 4. ANSI/AWWA-A21.11/Cl 1 1, latest edition, Rubber-Gasket Joints for Ductile-Iron Pipe and Gray-Iron Pressure Pipe and Fittings. 5. ANSI/AWWA-A21.4/C104, latest edition, Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water. C. High Density Polyethylene Pipe 1. ASTM D3350, latest edition, Standard Specification for feth neTlItics Pipe and Fittings Materials. -.cr_. ¢1 (77.7, '�q 2. ASTM D2321, latest edition, Recommended Practice for Undergnd rouInst.l ion of Flexible Thermoplastic Sewer Pipe. m7nn_i Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 50 of 94 3. ASTM F714, latest edition, Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter. 4. ASTM D3035, latest edition, Standard Specification for Polyethylene (PE) Plastic Pipe (DR-PR) Based on Controlled Outside Diameter. 5. ASTM D2683, latest edition, Standard Specification for Socket-Type Polyethylene Fittings for Outside Diameter-Controlled Polyethylene Pipe and Tubing. 6. ASTM D3261, latest edition, Standard Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing. 7. ASTM F2620, latest edition, Standard Practice for Heat Fusion Joining of Polyethylene Pipe and Fittings. D. Manholes 1. ASTM C478, latest edition, Standard Specification for Precast Reinforced Concrete Manhole Sections. 1.03 QUALITY ASSURANCE: A. All products will meet or exceed the minimum standards specified in the applicable references listed in the previous subsection. B. All suppliers of reinforced concrete pipe and manholes must be certified by the Iowa Department of Transportation. C. Reinforced concrete pipe shall be manufactured by such means to minimize cage twist Pipe displaying cage twist in excess of 30 degrees, as demonstrated by the form seam, will be rejected. D. Details of gasket installation and joint assembly are subject to acceptance by the Engineer. E. All materials judged to be of poor quality will be marked by the Engineer and promptly removed from the site by the Contractor and replaced with new. F. All pipe must pass the leakage tests specified in Part 3 of this section. __. 1.04 SUBMITTALS: � c .74 c :-< clial1110 A. Sanitary sewer pipe. -an -v in B. Sanitary manholes and sanitary sewer structures. c • "r C. Shoring: Submit plans for all shoring, excluding trench boxes, certified by'-k professional engineer registered in the State of Iowa. This submittal will not be reviewed for structural adequacy by the City. PART 2 - PRODUCTS 2.01 MATERIALS: 07700-7 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 51 of 94 A. Lined Reinforced Concrete Pipe I. Joints: All joints will be confined 0-ring gasket meeting ASTM C443 or ASTM C361, as specified. All pipe 36-inch diameter and smaller will have bell and spigot joints. Pipe larger than 36-inch diameter may have tongue and groove joints. 2. Wall Thickness: Minimum wall thickness will be B-wall as defined in ASTM C76 or Class C25 as defined in ASTM C361. 3. Pipe Strength: Pipe strength shall be as specified on the plans. If not specified, the minimum pipe strength shall be Class IV as defined in ASTM C76 or as defined in ASTM C361. 4. Pipe Markings: All pipe shall be marked with the date of manufacture and ASTM class. If quadrant reinforcement is used, the top shall be marked on the outside of the pipe. 5. Lift holes are not allowed. 6. Minimum Bedding-Type B per ASTM C 12 with compacted granular material to the springline of the pipe. 7. Pipe Lining a. Coat interior pipe barrel and entire joint surfaces with two-component coal-tar epoxy-polyamide black paint or approved equal. b. Lining Material: Steel Structures Painting Council (SSPC) Specification No. 16, Table 1. I) Minimum epoxy resin content 34-35% by dry film weight. 2) Minimum sag resistance 40 mils. 3) Minimum solids 80% by volume. 4) Apply according to lining material manufacturer's recommendations. B. Ductile Iron Pipe 1. Joints: Use push on joints unless otherwise specified on the plans. 2. Thickness: Unless otherwise indicated or specified, use Class 52. 3. Lining and Coating: a Inside of pipe and fittings: Double thickness cement lining and bituminous seal coat conforming to ANSI A21.4. b. Outside of pipe and fittings: Standard bituminous coatingonfortirittg to appropriate ANSI. C, ..�.. 2. Minimum Bedding - Type 5 per ANSVAWWA C150/A?�E20 with cortttpiacted ice, *� e a granular material to the springline of the pipe. -. ;rte C. High Density Polyethylene Pipe _. 02700-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 52 of 94 All HDPE pipe and fittings shall be made using Extra High Molecular Weight (EHMW) high-density polyethylene with a standard thermoplastic material designation code of PE3608 and having a cell classification of 345464C, D or E per ASTM D3350. 2. All HDPE pipe shall be manufactured in accordance with ASTM D3035 or ASTM F714. 3. Joints: HDPE pipe and fittings shall be joined by thermal fusion, electrofusion fittings, flange adapters with back-up rings, mechanical couplings designed for connecting polyethylene pipe and fittings to itself or to another material, or MJ adapters per manufacturer's recommendations. 4. Minimum Bedding— Crushed stone encasement to 12" above pipe. The minimum bedding depth shall be as specified on the plans. If not specified, the minimum bedding depth shall be 4" below the pipe. D. Manholes I. Joints: All joints will be confined 0-ring or profile gasket meeting ASTM C443. 2. No lift holes through the entire wall. 3. Mark date of manufacture. 4. Inverts: Precast and cast-in-place inverts must provide a channel at least one-half the depth of the pipe and match the full cross-sectional area of the pipe. All 4 junctions and changes in directions of inverts shall be smooth and rounded to the maximum extent possible to supplement flow through the manholes. 5. All manholes are 4-foot diameter unless noted otherwise. 6. Manhole frame and lid to be Neenah R-l916-F, self-sealing, stainless steel bolted, or approved equal. If in paved area, casting shall also be non-rocking. 7. Manholes in paving shall have an interior Cretex chimney seal (or approved equal) that spans from the casting to the cone section. 8. All sanitary manholes shall have an exterior joint sealer applied to each joint, meeting the requirements of ASTM C-877 (Type III). E. Bedding: 1. Granular bedding material shall consist of porous backfill material, IDOT Standard Specification Section 4131 and Section 4109, Gradation No. 29. PART 3 - EXECUTION 3.01 INSTALLATION OF PIPE: -T3 FYI yy A. Inspect before installation. Remove and replace defective sections. c z � N B. Alignment and Grade 02700-4 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 53 of 94 Install to line and grade indicated on plans using laser and check elevation as required to maintain grade. Driving down to grade by striking or with excessive force from excavating equipment is not allowed. 3. Blocking the pipe to grade with wood,stones or other materials is not allowed. C. Bedding 1. Support on compacted granular bedding material using the type of bedding specified on the plans. If no bedding is specified, use the minimum bedding specified in Part 2 of these specifications. ?. Place bedding material to ensure that there are no voids under or alongside the length of the pipe. Slice with shovel to remove voids. Compact with pneumatic equipment. 3. Hand shape bell holes so that only pipe barrel receives bearing pressure. D. Connections 1. A-LOK shall be used for all sanitary sewer connections to manholes unless approved by the Engineer. E. Jointing 1. Clean and lubricate all joints prior to assembly. 2. Join per manufacturer's recommendations. 3. Suitable couplings shall be used for jointing dissimilar materials. F. Backfill as specified in Section 02220. G. Clean pipeline upon completion. H. Tolerances 1. Any deviation in a sewer pipes section more than 1/8 inch per foot of pipe diameter from the horizontal or vertical alignment, as established by the Engineer, will not be allowed; and all sewer laid incorrectly, as determined by the Engineer, must be relaid at the Contractor's expense. This tolerance in grade will be allowed only if the sewer is designed at a slope sufficient to prevent backfall when its limits are reached. Under no condition will a sewer be accepted when one or more pipe lengths have been installed without "fall". 2. The completed sewer must be laid so nearly in a perfect line that tt ordinary `electric lantern held at center of the sewer at a manhole may be wholly vjliEre tolthe eye al the level of the sewer at the next manhole. 3. Sagsand reverse slope on gravity pipeis prohibited. Remove a¢ glaypipe toper 3,n co \j to 02700-5 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 54 of 94 grade. 3.02 TESTING OF PIPE: A. Lamp all pipe to visually inspect for defects and debris. B. Leakage Tests: Perform leakage tests on all sanitary sewers as follows: l. Perform after completion of backfill. 2. Perform after groundwater has returned to normal level. 3. Furnish test plugs, water pumps, appurtenances, and labor. Install bulkheads for testing and weirs for measurement as necessary. Groundwater elevation from observation wells or excavations are subject to acceptance by the Engineer. a. If groundwater is more than two foot above top of pipe at upper end, conduct infiltration or low-pressure air tests. If maximum pressure exerted by groundwater is greater than 4 psig, conduct infiltration test. b. If groundwater is less than two foot above top of pipe at upper end, conduct exfiltration or low-pressure air tests. c. If pipe is larger than 27-inch, air test is not allowed. 4. Exfiltration or infiltration test performed on sections of approved length(maximum 1/2-mile for sewers) and before connection to buildings. Low-pressure air tests performed on manhole-to-manhole sections of pipeline. 5. Low-pressure air test: a. Equipment (1) Designed for testing sewers using low-pressure air. (2) Provide air regulator or safety valve so air pgssure does not exceed 8 psig. __ (3) All air through single control panel. 1 b. Procedure —t c-) crl �r -o M (1) Perform from manhole-to-manhole after baai;iilL (2) Place pneumatic plugs: (a) sealing length: equal t or greater than pipe diameter, (b) capable of resisting internal test pressure without external bracing or blocking. (3) Introduce low-pressure air into sealed line and achieve internal air pressure 4 psig greater than maximum pressure exerted by groundwater above pipe invert. (4) Limit internal pressure in sealed line below 8 psig. 02700-6 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 55 of 94 (5) Allow two minutes minimum for air pressure to stabilize. Disconnect low-pressure air hose from control panel. (6) Acceptable Test Result: (a) Minimum time for pressure to drop from 3.5 to 2.5 psig • greater than maximum pressure exerted by ground water above pipe invert. Pipe diameter Time in in inches Minutes 4 2.0 6 3.0 8 4.0 10 5.0 12 5.5 15 7.5 18 8.5 21 10.0 24 11.5 27 13.0 (b) Minimum allowable time for sewers with more than one size of pipe: based on largest diameter reduced by 0.5 min. (c) If groundwater level at time of testing is above the sewer, air pressure shall be increased 0.43 psig for each foot the groundwater is above the flow line of the pipe. c. If pressure drop exceeds 1.0 psig during the test period, the test shall be considered to have failed. Locate and repair leaks and retest as required. 6. Infiltration Test ,-N, o a. Dewater and conduct test for at least 24 hours. c' -gin c. b. Locate and repair leaks, and retest as required. --t C? 0' c. Allowable infiltration, including manholes, fittidgsi;nandt'contiee ons: maximum 200 gallons per inch diameter per mile pe -Z1-.hopg. 7. Exfiltration Test a_ Subject sewers to internal pressure by: (I) plugging the inlet of the upstream and downstream manholes, (2) filling sewer and upstream manhole with clean water until the water elevation in the manhole is two feet above top of sewer, or two feet above the existing ground water in the trench, whichever is the higher elevation. 02700-7 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 56 of 94 b. [;se suitable ties, braces, and wedges to secure stoppers against leakage from test pressure, where conditions between manholes may result in test pressure causing leakage. c. Rate of leakage from sewer: Determined by the amount of water required to maintain the initial water elevation for one hour from the start of the test. d. Allowable exfiltration same as allowable infiltration. If the average head above the section being tested exceeds two feet above top of pipe, then the allowable exfiltration can be increased by 5% for each additional foot of head. e. Modification to this test only as approved by the Engineer. f. Locate and repair leaks and retest as required. C. Deflection Tests: Perform deflection tests on all sanitary sewers as follows: 1. The mandrel (go/no-go) device shall be cylindrical in shape and constructed with nine (9) evenly spaced arms or prongs. The mandrel dimension shall be 95% of the flexible pipe's published ASTM average inside diameter. Allowances for pipe wall thickness or ovality (from shipment, heat, shipping loads, poor production, etc.) shall not be deducted from the ASTM average inside diameter, but shall be counted as part of the 5% allowance. The contact length of the mandrel's arms shall equal or exceed the nominal diameter of the sewer to be inspected. Critical mandrel dimensions shall carry a tolerance of .001". Proving rings shall be available. 2. The mandrel inspection shall be conducted no earlier than 30 days after reaching final trench backfill grade provided, in the opinion of the Engineer, sufficient water densification or rainfall has occurred to thoroughly settle the soil throughout the entire trench depth. Short-term (tested 30 days after installation) deflection shall not exceed 5% of the pipe's average inside diameter. The mandrel shall be land pulled by the Contractor through all sewer lines. Any sections of the sewer not passing the mandrel test shall be uncovered and the Contractor shall replace and recompact the embedment backfill material to the satisfaction of the Engineer. These repaired sections shall be retested with the go/no-go mandrel until passing. 3. The Engineer shall be responsible for approving the mandrel. Proving rings may be used to assist in this. Drawings of the mandrel with complete dimensioning shall be furnished by the Contractor to the Engineer for each diameter and type of flexible pipe. ( 3.03 CONSTR UCTIONAND INSTALLATION OF MANHOLES AND MANHOLE I t„sm A. Set bases true to line and elevation on minimum six-inch granular ba 1011 material.k. ,_., S. Install 0-ring or profile gasket in joints between sections conforn'ing tonufkctJrer's standard. C. Cast in place inverts must provide a channel at least one-half the depth of the pipe and match the full cross-sectional area of the pipe. All junctions and changes in direction shall be smooth and rounded to the maximum extent possible to supplement flow through the 02700-8 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 57 of 94 structure. D. Plug holes for handling with mortar. E. Lay grading rings in full bed and joint of mortar without subsequent grouting, flushing or filling; bond thoroughly. F. Set frames with top conforming to finished ground or pavement surface as indicated and directed. Grading rings plus the frame height shall not exceed 24 inches. G. Set frames in full bed of RAM-NEK or equal to fill and make watertight space between masonry top and bottom flange of frame. H. Backfill as specified in Section 02220. I. Clean manhole upon completion. J. Inspect for visible leaks after groundwater has returned to normal level. Repair leaks. 3.04 MAINTENANCE OF FLOW: A. Storm Sewers: At the end of each working day, the Contractor shall reestablish the full capacity of any drainage system affected by construction. Diversion of storm water into the sanitary sewer system is not allowed. B. Sanitary Sewers: The Contractor shall at all times maintain full capacity in the sanitary sewer system and protect the system from storm water. C. If pumps are used for the diversion of flow, the Contractor shall have a stand-by pump readily at hand. The Contractor shall provide the Police Department and the Supervisor of the Iowa City Wastewater Treatment Plant with phone numbers where the responsible person may be reached 24 hours a day to make immediate repairs and/or replacement in case of diversion system failure. Diversion of sanitary sewage to storm sewers or waterways is not allowed. 3.05 CONFLICTS A. Provide temporary support for existing water, gas, telephone, power or other utilities or services that cross the trench. B. Compact backfill under the existing utility crossing as specified in Section 02200. C. Separate gravity sewers from water mains by horizontal distance of at least 10 feet unless: 1. Top of sewer is at least 18 inches below the bottom of the water main. 2. Sewer is placed in separate trench or in same trench on bench ofstued ea +vith at least three feet separation form the water main. 4: D. Use water main materials for gravity sewers with less than 10 feet-r lorizgntal`ctis ance and top of the sewer less than 18 inches below the bottom of the hila ' main; maultin a linear separation of at least two feet. uJ 02700-9 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 58 of 94 E. Where gravity sewer crosses over water main or service or where the top of sewer is less than 18 inches below the bottom of the water main or service, the following requirements shall apply: 1. The sewer may not be placed closer than 6 inches below a water main or 18 inches above a water main. The separation distance shall be the maximum feasible in all cases. 2. Use 20-foot length of water main material as specified for gravity sewer centered on the water main. Both joints shall be located as far from the water main as possible. 3. The sewer and the water main must be adequately supported and have watertight joints. 4. Backfill trench with low permeability soil for the 20-foot length centered on the crossing. F. Sanitary sewer force mains and water mains shall be separated by a horizontal distance of at least 10 feet unless: 1. The force main is constructed of water main material meeting a minimum pressure rating of 200 psi. 2. The force main is laid at least four linear feet from the water main. s - r*t rn cam%, c., N G'1 • 02700-10 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 59 of 94 SECTION 02751 DIRECTIONAL BORING AND DRILLING PART 1 - GENERAL 1.01 SUMMARY: A. Furnish labor, materials, tools and equipment to install carrier pipe by directional boring and drilling. 1.02 REFERENCES: A. American Society for Testing and Materials (ASTM). B. American Water Works Association(AWWA). C. Iowa Department of Transportation (IDOT) Standard Specifications, latest edition. 1.03 SUBMITTALS: A. Proposed installation methods, equipment, construction plan, drilling fluid plan, contingency plans,and all other information deemed necessary by the Engineer. B. Carrier pipe, fittings, and all other materials. C. When boring is complete, contractor shall provide Engineer with an as-built plan and profile of the bore path constructed from actual field readings. Raw data should be available for submission at any time upon the owner's request. As part of the as-built document the contractor should specify the tracking equipment used, including methods or confirmatory procedures used to ensure that the data was captured. D. Record and submit notes of actual boring operations with field load conditions. 1.04 QUALITY ASSURANCE: A. Only workers experienced in boring and jacking operations shall be used to perform the- work. Statement of qualifications shall be submitted and approved by the Engineer prior to the start of work. B. Provide efficient, useful monitoring devices on the equipment so the operator and Engineer can compare the field conditions with the design and effectively monitor the loads on the pipe as it is being installed. c; C. Engineer will survey and record top of pavement elevations befdrtaitd after,,,... ring operations as necessary. —sc-) r— PART 2 - PRODUCTS 2.01 CARRIER PIPE M4 TERL4LS: 02751-1 Case 4:11-cv-00260-JEG .-TJS Document 2 Filed 06/01/11 Page 60 of 94 A. Gravity Sanitary Sewer Main: Comply with Section 02700, 2.01. Pipe SDR shall be selected to meet minimum I.D. specified on the plans, and to withstand (1) pull-back loads which include tensile pull forces, external hydrostatic pressure, and tensile bending stresses, and (2) external service loads (post-installation soil, groundwater, and surcharge loads occurring over the life of the pipeline). PART 3 — EXECUTION 3.01 PROTECTION OF UNDERGROUND FACILITIES: A. Contractor is responsible for locating underground facilities. B. Contractor is responsible for modifying boring operations to prevent damage to existing facilities. 3.02 DIRECTIONAL BORING EQUIPMENT: A. The drilling equipment shall be capable of placing the pipe as shown on the plans. The installation shall be by a steerable drilling tool capable of installing continuous runs of pipe without intermediate pits, a minimum distance of 400 feet. B. The directional boring machine shall be supplied with an output signal inside the housing of the drill bit. The output signal shall have a constant output signal to allow a person to track the location of the beacon at all times. C. The drilling machine shall be equipped-with a drilling fluid compatible for the onsite conditions. D. The directional head shall be capable of accepting a variety of cutting bits for varied soil conditions. 3.03 CONTROL OF LINE AND GRADE: A. During the installation of carrier pipes, the Contractor shall be responsible for monitoring alignment and elevation of said pipes. The Contractor shall provide control points, reference marks and equipment for this purpose. The drill bit shall be located a maximum of every 5 feet. The operator of the drilling unit shall check the bore path and position of boring pit at every five feet and make necessary correction to stay along the alignment. _2 ti B. Allowable deviations from the plan alignment and elevation are as follows: 1. Horizontally: ±1.0 ft. per 100 feet; Vertically: ± 0.2 ft. up to.i00 feet;± 0.1 ft. per T 'd 100 feet thereafter. g Cis' 1 d 2. In addition, care shall be taken to assure that continuous.:--positi4e'or negative grades, as shown on the plans, are maintained in the installediiWipr e. fT1 `" 3. The Contractor shall be required to remove and reinstall pipes which vary in depth and alignment from these tolerances. 3.04 PILOT HOLE INSTALLATIONS: 02751-2 Case 4:1 1-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 61 of 94 A. The pilot hole shall be drilled along the path shown on the project plans. B. At the completion of the pilot hole drilling, the Contractor shall provide a tabulation of coordinates, including elevation data, referenced to the drilled point entry, which accurately describe the location of the pilot hole. C. Pilot hole alignment shall be accepted and approved by the Engineer prior to reaming and pipe installation. 3.05 REAM and PULL BACK OPERATIONS: A. Reaming shall be sufficient to prevent damage to pipe or pipe crossing. -.op B. The maximum allowable tensile load imposed on the pipeline pull section shall not exceed 90%of the product of the Specific Minimum Yield Strength of the pipe and the area of the pipe section, or as specified by the pipe manufacturer. C. A swivel shall be used to connect the pipeline pull section to the reaming assembly to minimize torsional stress imposed on the section. D. The pipeline pull section shall be supported as it proceeds during pull back so that it moves freely and the pie and pipe coating are not damaged. E. The pipeline pull section shall be installed in the ream hole in such a manner that external pressures are minimized. F. In case of a pull back where the bore hole will be abandoned or where voids are created, the Contractor shall fill voids with grout injected under pressure using approved methods. 3.06 DIRECTIONAL BORING OPERATIONS: A. The drilling machine shall be set up at such a location to avoid disruption of private yard and landscaping. B. Pipes shall be joined before being subjected to the boring process, or after they have reached final position, depending on the type of pipe and nature of the joint and jointing material. C. The method of boring, in each case, shall be in accordance with the requirements of the governing agency. D. Once boring has been started, it shall be continuous until completion of the boring operations in order to reduce the possibility of a so-called "stuck" pipe and to minimize the creep of the soil into the face, even though this may involve working outside the normal working days. The Contractor shall not be entitled to additional compensation for effort required to maintain continuous boring operations. The Engineer.reserves the,ri t to waive the requirement for continuous boring if such waiver is approved?by,ttje appr Hate governing agency. i �, E. Care shall be taken during boring operations to ensure that the pipe reFkainitie wine and grade. r • (..-1-) '• , 02751-3 5") '\ 1 h Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 62 of 94 F. No open cut within boring limits shown on the plans shall be permitted without written authorization of the Engineer and the governing agency. (3. Pull back forces shall not exceed the allowable pulling forces for the pipe being installed. H. The drilling fluid, such as bentonite, shall be used for lubricating the pipe during pull-back, forcing spoils out of the pipe pit, assisting in holding the hole open during pull back, and hardening into a clay substance around the outside of the conduit, preventing settlement of the ground. Adequate drilling fluids shall be used to avoid a "hydra-lock" condition. Off- site disposal of excess fluid and spoils shall be the responsibility of the Contractor. The contractor shall conduct the HDD operation in such a manner that drilling mud is not forced through the channel bottom into the waterway. [. Any damage to property, landscaping or trees caused by Contractor's operation shall be replaced to the Owner's satisfaction and at no additional cost to the Owner. J. The Contractor shall make necessary provisions to keep water and soil out of the installed piping systems. K. Obstructions to the progress of the pipe, such as roots, boulders or portions of former structures, shall be removed and deviations from line and grade shall be avoided if such deviation will result in ill-fitting joints. The use of explosives for removing obstructions is prohibited. J. In the case where a bore hole will be abandoned, the Contractor shall inject an approved grout into the annular space. 3.07 CARRIER PIPE INSTALLATION: A. Follow manufacturer's instructions and recommendations for assembly and installation. B. Do not exceed the maximum recommended pulling or bending limits for-the pipe. .�.. —ice 3.08 TESTING: m 7) r s A. Pressure and Leakage Tests c.) The pipe shall be hydrostatically tested after joining into continuous'tbngths,prior to installation and again after installation. 1. Conduct combined pressure and leakage test in accordance with ANSUAWWA C600. �. Furnish pressure pumps, pipe connections, meters, gauges, equipment, water and labor. 3. Flush out main before test to remove air, insert tap to release trapped air and plug after test. 4. Pressure and leakage test consists of first raising water pressure at the lowest point of section being tested to 1.5 times internal pressure, but not less than 50 psi. 02751-4 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 63 of 94 5. Failure to achieve and maintain the specified pressure for two hours with no additional pumping means the pipe has failed to pass the test. 6. If the pipe fails the pressure and leakage test, locate, uncover, and repair or replace defective pipe, fitting or joints. Conduct additional tests and repairs until pipe passes the test. B. Video Inspection 1. Inspection Procedure: a. Prior to video inspection, run sufficient water through the pipe to saturate potential low spots so they may be detected during inspection. b. Inspect each pipe segment between manholes or access points in a single, continuous run. Progress through the entire project in a uniform direction. c. Inspect all lateral connections and other observations at right angles utilizing the pan and tilt capabilities of the camera. d. Center the video camera in the pipe during the inspection. e. Do not exceed 30 feet of inspection per minute. 2. General a. Conduct video inspection of all new and rehabilitated sanitary sewers after all backfill and compaction operations are completed, but prior to paving. b. Notify the Engineer the day prior to inspection so the Engineer may be present during the inspection. c. The sewer main shall be televised to reveal possible defects in material or workmanship. 3. Inspection Reporting a. Provide a copy of the video inspection including on-screen continuous footage, pipe diameter, direction of viewing, and manhole and street location references in the recording. Affix labels to the recording media to include the name of the project, the date, and the location of the inspection. b. Provide a written report of the inspection. In the report, include true-to- scale drawings of all sewer defects and observation locations. Reference the time stamp on each line item entry on the written report. PART 4 —GEOTECHNICAL ENGINEERING REPORTS CZ) Ci -- jl --t C) 1:71 &�+. 111 + 7 r �.n 02751-5 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 64 of 94 September 14, 2006 1rerracon Consulting Engineers &Scientists 2339 Heinz Road,Unit H University of Iowa Iowa City,Iowa 52240 230 University Services Building Phone 319.688.3007 Fax 319.688.3008 Iowa City, Iowa 52242-1922 www.terracon.com Attention: Mr. Chris Vero RE: Preliminary Subsurface Exploration Report Proposed University of Iowa Chilled Water Crossing of the Iowa River Iowa City, Iowa Terracon Project No. 06065624.01 Dear Mr. Vara: Subsurface exploration for the proposed project has been competed. Fifteen (15) borings were drilled on the project site. Individual boring logs and a Boring Location Diagram are included with this report. This report describes the subsurface conditions encountered in the borings. PROJECT INFORMATION We understand the project will consist of connecting the University of Iowa's east and west campus chilled water systems in Iowa City, Iowa. The new line is anticipated to begin near the nursing building, traverse east to a crossing beneath Riverside Drive, and continue beyond that to a crossing of the Iowa River where it will eventually connect to the east campus distribution system. Conventional open trench excavations and either directional drilling or bore-and-jack procedures will be implemented to accomplish the coritstruction. No engineering analyses or recommendations have been requested nor provided for this phase of the project_ , -a-< I SITE EXPLORATION PROCEDURES • �; ni -3 Field Exploration ="'` c The field exploration consisted of performing fifteen (15) borings to depths of clout 2 to 42 feet below existing grade. The boring locations were selected by others and laid out on the site by Terracon personnel based on the supplied site plan. The locations indicated on the attached Boring Location Diagram are approximate, and were measured with a cloth tape while right angles were estimated. Ground surface elevations at the boring locations were not obtained. The boring locations should be considered accurate only to the degree implied by the means and methods used to define them. 4 Delivering Success for Clients and Employees Since 1965 More Than 80 Offices Nationwide 02751- 6 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 65 of 94 U of I Chilled Water Crossing of the Iowa River lferracnn Iowa City, Iowa Terracon Project No. 06065624.01 September 14, 2006 The borings were drilled with truck-, track-, and ATV-mounted drill rigs using continuous flight, solid-stern or hollow-stem augers and wash-bore drilling procedures to advance the boreholes. Representative samples were obtained using either thin-walled tube'or split- barrel sampling procedures. In the thin-walled tube sampling procedure, a thin-walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the ground to obtain relatively undisturbed samples of cohesive or moderately cohesive soils. In the split- barrel sampling procedure, a standard 2-inch O.D. spilt-barrel sampling spoon is driven into the ground with a 140-pound hammer falling a distance of 30 Inches. A CME automatic SPT hammer was used to advance the split-barrel sampler in the borings performed on the site. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-Inch penetration is recorded as the standard penetration resistance value. These values are indicated on the boring logs at the depths of occurrence. The samples were sealed and transported to the laboratory for testing and classification. Field logs of each boring were prepared by the drill crew. These fogs included visual classifications of the materials encountered during drilling as well as the driller's interpretation of the subsurface conditions between samples. The boring logs induded with this report represent an interpretation of the field logs and include modifications based on laboratory observation and tests of the samples. Laboratory Testing Selected samples retrieved from the borings were tested for moisture content, dry unit weight, and unconfined compressive strength to aid in the soil classification and provide input for our analyses. A hand penetrometer was used to measure the approximate unconfined compressive strength of some of the relatively cohesive samples. The hand penetrometer test provides a better estimate of the soils consistency and strength than visual inspection alone. The results of the laboratory tests are shown on the boring logs, adjacent to the soil profiles, at their corresponding sample depths and/or as attachments with.this report As a part of the laboratory testing program, the soil samples were classified in the laboratory based on visual observation, texture, plasticity, and the limited laboratory testing described above. Additional classification testing could be performed to more accurately classify the samples. Portions of the recovered samples were placed in jars, and the sampi s will be retained for at least 1 month if additional testing is requested. Thesoil cscriptlons presented on the boring logs for native soils are in accordance with ourieiflostsd Gen?rfl •Notes and Unified Soil Classification System (USCS). The estimated grQup.symtol fofiyttle .J r _ 4 2 .. 02751- 7 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 66 of 94 LI of I Chilled Water Crossing of the Iowa River -ilrerracon Iowa City, Iowa Terracon Project No. 06065624.01 September 14, 2006 USCS is also shown on the boring logs, and a brief description of the Unified System is included in this report. Classification of rock materials is in accordance with the enclosed General Notes and has been estimated from disturbed samples. Core samples and petrographic analysis may indicate other rock types. SUBSURFACE CONDITIONS Soil and Rock Conditions Subsurface conditions encountered at each boring location are indicated on the individual boring logs. Stratification boundaries on the boring logs represent the approximate depths of changes in soil and rock types. In-situ, the transition between materials may be gradual. Please review the attached boring logs for a detailed description of the conditions encountered at the individual boring locations. Due to the large extent of the project site, it is not practical to generalize the soil conditions observed in our borings. In addition, subsurface conditions in the areas where no borings were performed may be different than those encountered in the individual borings performed. However, based on the results of the borings, subsurface conditions on the project site can be described as follows. Borings 15, 16, 17, and 18 were performed in the existing Iowa River. Water depths of about 81/2 to 20'A feet were measured_ Below this, brown, dark brown, and gray, very loose to medium dense, fine to medium sand and fine to coarse sand with varying amounts of clay and gravel were encountered to depths of about 21 to 39 feet below the existing ground surface. Below this in Borings 15, 16, and 17, gray, very soft, lean clay was encountered to depths of about 25 1/2 to 33 feet below the existing ground surface. Below this in Borings 16, and 17, gray, loose to very dense, fine to medium sand and fine to coarse sand with varying amounts of clay and gravel, was encountered to depths of about 38 Ya to 41 feet below the existing grade. Below this, the lean clay layer in Boring 15, and the sand soils in Boring 18, gray, highly weathered & broken limestone was encountered to depths of about 27 to 42 feet below the existing ground surface at which the borings were terminated due to practical auger refusal. Approximately 3 to 18-inch thick root zone and/or topsoil were encountered initially in Borings 8, 9, 12, 13, 14, and 19 at the surface. Approximately 8-inch thick concrete layer over 4-inch thick crushed limestone layer was encountered at the existing_.grouri surface in Boring 6. Below this, below the topsoil in Borings 8 and 9, and below tf>?e. exifing ground surface in Borings 5 and 7, existing fill materials were encountered 10 fine borings' termination depths of about 2 to 3 feet in Borings 5 and 6 due to practia��ugr refusal in rn 111 CD r c,..) `a.,sd 3 02751- 8 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 67 of 94 U of I Chilled Water Crossing of the Iowa River lrerracon Iowa City, Iowa Terracon Project No. 06065624.01 September 14, 2006 apparent limestone bedrock, and to depths of about 1 1/2 to 12 feet below the existing ground surface in Borings 7, 8, 9, 12, 13, 14, and 19. The existing fill materials consisted of dark brown and brown, lean day, lean to fat clay, silty clay, sandy lean clay, and fine to medium sand with varying amounts, of clay, sand, gravel, organics and broken limestone pieces. Below this in Boring 9, and below the surficial layer in Borings.10, and 11, possible existing fill materials were encountered to depths of about 3 to 6 feet below the existing ground surface. The possible fill existing fill materials consisted of dark brown, and brown, sandy lean day, lean to fat clay, with varying amounts of sand. Below the existing fills in Borings 7, 8, 12, 13, 14, and 19, and below the possible existing fills in Borings 9, 10, and 11, brown and gray, very soft to hard, lean day, sandy lean clay, and silty clay, with varying amounts of silt, clay, sand seams, and layers, and gravel were encountered to depths of about 9 '/2 to 18 1/2 feet below the existing grade and to the borings' termination depths of about 20 to 20 1/2 feet in Borings 9, 10, and 12. Below this, brown, dark gray, and gray, very loose to medium dense, fine to medium sand with varying amounts of clay and gravel was encountered to the borings' termination depths of about 20 '/2 feet in Borings 13 and 19, and to a depth of about 31 1/2 feet in Boring 14. below this, and below the day layers in Borings 7, 8, and 11, gray, highly weathered•limestone bedrock was, encountered to depths of about 10 1/2 to 33 feet below the existing ground surface at which the borings were terminated due to practical auger refusal. Groundwater Conditions The borings were monitored during and after drilling operations for the presence and level of groundwater. At these times, groundwater levels were observed in Borings 12, 13, 14, and 19 at depths of about 9 to 20 feet below the existing grades. Borings 15, 16, 17, and 18 were performed in Iowa River and hence water levels were observed at the surface of these borings. No groundwater was observed In Borings 5 through 11. Longer term monitoring in cased holes or piezometers would be required for a better evaluation of the groundwater conditions and fluctuatiors.on the project site. It should be recognized. that fluctuations of the groundwater table will occur due to seasonal variations In the amount of rainfall, runoff, water level In near by Iowa River, and other factors not evident at the time the borings were performed. In addition, perched water can develop within sand seams overlying lower permeability clay soils or within variable existing fill materials following periods of heavy or prolonged precipitation. Therefore, gax.indwater levels during construction or at other times in the future may be higher`-zrc.lowfr than the levels indicated on the boring logs. Possibility of groundwater level fluct ns'3houkf be considered when developing the design and construction plans for the projffit5m 4 02751- 9 Case 4:1 1-cv-00260-JEG - I Ji Document 2 t-uea ubIu-l/ l I rage ors or y4 U of I Chilled Water Crossing of the Iowa River ?Cerracon Iowa City, Iowa Terracon Project No. 06065624.01 September 14, 2006 GENERAL COMMENTS This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended or made. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. The scope of services for this project does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. Terracon has not been asked to perform interpret the data or to makedesign and construction recommendations for the referenced project. Therefore, we cannot assume responsibility or liability for interpretation of this data by others. We appreciate the opportunity to be of service to you during the design phase of your project, and look forward in assisting you during the construction phase. If you have any questions concerning this report, or if we may be of further service to you, please contact us. Sincerely, irerracon Consultants, Inc. Madhu R. rri, M.S., E.I. F. Gisi, . Project Engineer Office Manager MRKBFGNfb:n:1Proiects2006.11n\06065624.01.doc N Endosures Copies To: Addressee(2) c_ 5 -x r.) t;; 5 02751-10 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 69 of 94 LOG OF BORING NO. 14 Page 1 of 2 OWNER/CLIENT ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa Rivet SAMPLES TESTS 0 S )- 0 o DESCRIPTION '- - c, 5 : F-. z U CCI _ cn w > zc c w z Qw cA m w 0 a U yay.. U F-O `� i 646.rJ O j 2 F— EIA m `ia CD b. D 1 z•.:,:. 6" Root Zone HS 4.... '•'•'• FILL.. LEAN CLAY.TRACE SAND, .•..• ...,-.._•.._-.. ORGANICS &BRICK PIECES, Dark Brown and Brown •.:.::, 1 SS' 14 7 18 :I* HS ..• Possible hydrocarbon odor In Sample 210 CL 2 ISS 14 4 41 HS LEAN CLAY,TRACE SAND &ORGANICS, Dark Brown CL 3 SS 18 2 42 15 HS 17 7--- FINE TO MEDIUM SAND,TRACE CLAY SP 4 SS 12 2 24 & GRAVEL, Gray, Very Loose 20 HS ` r-_, r-- 24 i SP 5 SS 16 .3='-- 17 1 r-- 25 HS r"1 -ti `"7'i - FINE TO MEDIUM SAND,TRACE CLAYS -..,, & LIMESTONE FRAGMENTS, ': C., Gray, Very Loose to Loose _ SP 8 SS 16 5 20 30 _ HS Continued Next Page i ]fie stratification Mee represent the approximate boundary Ines 'Calibrated Hand Penetmmnler aetween soil and rods typex in-situ,the transition may be gradual. "CME 140 lb.SPT automatic hammer J MATER LEVEL OBSERVATIONS, ft BORING STARTED 9-1-06 arL2 17 'NS 'I BORING COMPLETED 9-1-06 erracon VL 2. 'RIG 414 FOREMAN MOI VL Backfilled APPROVED BFG , JOB # 06065624J 02751-11 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 70 of 94 LOG OF BORING NO. 14 Page 2 OWNER/CLIENT ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa SAMPLES TESTS DESCRIPTION 0 0 _ z • 4/3 6w L4 0 cA J o a 2 I cnm l0 o$ I 77 HIGHLY WEATHERED LIMESTONE, '14S \Gray / Practical Auger Refusal (a) about 33 feet BOTTOM OF BORING "`Classification estimated from disturbed samples. Core samples and petrographic analysis may reveal other rock types. • z-c- i CA) tr --�•1 t-'7 �b , j ..u.y a N z 0 U K The stratification Ifni represent the approximate boundary lines 'C3)itxated Hand Paneirort between soil and rock types. in-situ, the transition may be gradual. "CME 140 Lb.SPT automatic hart WATER LEVEL OBSERVATIONS, ft BORING STARTED WL .7 17 WS BORING COMPLETED 9-1 Wt_ liErracon RIG #14 FOREMAN WL Backfilled APPROVED BFG JOB # 060651 02751-12 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 71 of 94 • I LOG OF BORING NO. 15 Page 1 of 1 j OWNER/CUENT i ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa Rive� SAMPLES TESTS 1 0-I s wd o DESCRIPTION J cc . = f- 638.1 p S J z csia 3O O c. ncn , WB WATER 5 9.5 10 FINE TO MEDIUM SAND.TRACE CLAY &GRAVEL Dark Brown, Loose SP 1 SS 2 6 37 WB 15 18 i FINE TO COARSE SAND,TRACE CLAY - -/SW 2 SS 8 9 17 & GRAVEL, Brown, Loose WB 20 21 LEAN CLAY Wi7N SAND,TRACE CL 3 SS 10 22 18 1 <`500 LIMESTONEfRAGMENTS, Gray, Very Soft WB `-' 2 .5 600 (2 25 :` * WEATHERED EATHERED& BROKEN 1—I �27 UMESTONE.Gray -- - Practical Auger Refusal @ about 27 feet. �_ ` ' BOTTOM OF BORING , - E 1" ... Classification based on driller's visual ,,) L, observation only. Core samples and - petrographic analysis may reveal other —, rock types. The stratification lines represent the approximate boundary lines 'Calibrated Hand Penetrometer between soil and rods types: WI-situ,the transition may be gradual "CME 140 ib.SPT automatic hammer VATER LEVEL OBSERVATIONS,ft BORING STARTED 8-31-06 IL 2 Surface BORING COMPLETED 8-31-06 BrfEcon WL �r y RIG #37 FOREMAN MD WL APPROVED BFG JOB# 06065624, 02751-13 ease 4:11-CV-UUZbU-JL(3 - I J5 Uocument 2 Hied UES/U1/1 1 Page 72 of 94 e LOG OF BORING NO. 16 Page 1 OWNER/CLIENT I ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa SAMPLES TESTS 0 N C DESCRIPTION . = I.- z p 0 1 638.1 a. u 2 al .1 `u. w �en 1 >- z� a � z F- cc mm 3O a3. WB WATER 5 10 12.5 I 1 SS 0 2 :•: FINE TO COARSE SAND.TRACE CLAY WE :•;•:•: 8 GRAVEL. Gray, Very Loose to Loose 15 19 "/S4V 2 SS 6 6 26 WB 20 FINE TO COARSE SAND. TRACE CLAY &GRAVEL, Brown, Medium Dense -/SIN 3 SS 10 ' 12 21 WE r: 25 /SW 4 SS 6 15. 16 • 29.5 WE - 5 LEAN CLAY WITH SAND,TRACE 30 C)-< 1 . .". 3 GRAVEL, Gray,Very Soft --i c-) c''l l' 8 A =._ t �. Y Continued Next Page _-- , i- The stratification Anes represent the appraxinnate boundary linea > CaiIbrated Hand Penetron between soil and rock types: in-situ,the transition may be gradual. "CME.y lb.SPT automatic hart i WATER LEVEL OBSERVATIONS, ft BORING STARTED 8-3' A WL 2 Surface / BORING BORING COMPLETED 8-3. err actin RIG #37 FOREMAN M o WL Z I o WL APPROVED BFG JOB # 06065 02751-14 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 73 of 94 • , LOG OF BORING NO. 16 Page 2 of 2 OWNER/CLIENT ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa Rived SAMPLES TESTS J G o DESCRIPTION 2 x w = z P 01 v3 Ill > zrn CCw = az - L Nai o Cl) z D 30 ER 5 %11/l z1 - CL 5 SS 12 10 39 x`500 FiNiE TO COARSE SAND.TRACE = `WB CLAY.GRAVEL&BROKEN 35— UMESTONE PIECES, - Gray, Medium Dense - r -SPISW 6 SS 10 22 18 : 354 ScH . 6 — . 1 "' HIGHLY WEATHERED &BROKEN — WB 4y'0 \UMESTONE, Gray /____ __ Practical Auger Refusal @ about 39.5 feet. BOTTOM OF BORING "" Classification based on driller's visual observation only. Core samples and petrographic analysis may reveal other rock types. C. --ICJ 71 1---- ..,_<r-- _ --- u co c., t ) The stratification lines represent the appy xImate boundary lines 'Calibrated Hand Penetrometer between soli and rock types: In-situ,the transition may be gradual. "CME 140 Ib.SPT automatic hammer NATER LEVEL OBSERVATIONS, ft BORING STARTED B-31-06 VL Surface BORING COMPLETED 8-31-06iierraconNL 3i. ,y RIG #37 FOREMAN MOI NLAPPROVED BFG JOB# 06065624.j' 02751-15 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 74 of 94 LOG OF BORING NO. 17 'age 1 OWNERICLIENT ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City,Iowa University of IA Chilled Water Crossing of the Iowa SAMPLES TESTS o DESCRIPTION m } a° 2 U F- w ) uUI> c 7i ••E zN m w O U) z Db 638.1 s • oE wc') z can co dU a: 3a D cA HS 5 WATER 10 15 0.5 20 1 FINE TO COARSE SAND,TRACE 1 SS 0 2 CLAY,GRAVEL&COBBLES, Brown, Very Loose to Medium Dense 25 HS a " - '/SW2 SS 8 15 1b c' di V 30 HS r' ti o LEAN CLAY,TRACE SAND, .13E:12 _ . �_1 Gray h 1 c r`J U x Continued Next Page _ " The stratification lines represent the appm timate boundary lines 'Calibrated Fiend Panetron between soil and rock types: In-situ, the tranian may be gradual. "CME 140 lb.SPT automatic hart n WATER LEVEL OBSERVATIONS,ft BORING STARTED 8-3 WL SL Surface 1 BORING COMPLETED 8-3 114 WL Z T err ( fl RIG #37 FOREMAN L 1 a WL ,APPROVED BFG JOB # 06065+ 02751-16 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 75 of 94 LOG OF BORING NO. 17 Page 2 of 2 OWNERJCLIENT ARCHlTECT/ENGiNEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa Rive SAMPLES 1 TESTS oco DESCRIPTION r- i- z z ILI - c`i w 0 Z 3 tr -- 0 W <0 it cry o = Z I CC CO9 ° aa. Jl13 — SP 3 SS 8 8 25 FINE TQ MEDIUM SAMA,TRACE CLAY _ &GRAVEL,Gray, Loose 35— HS 37 — FINE TO COARSE SAND.TRACE SPlS4y 4 SS 16 40 14 CLAY. GRAVEL&COBBLES, — Gray, Very Dense 40_ HS a� °l'itI f "'"HIGHLY WEATHERED &BROKEN 3 42 \LIMESTONE.Gray /-- Practical Auger Refusal ® about 42 feeL BOTTOM OF BORING •"Classification estimated from disturbed samples. Core samples and petrographic analysis may reveal other rock types. r r , Vii` r _' T ., cAj The stratification tins represent the approximate boundary fines 'Calibrated Hand Penetrometer between soft and rock types: In-situ,the transition may be gradual. "CME 140 lb.SPT automatic harrmei VATER LEVEL OBSERVATIONS. ft BORING STARTED 8-31-06 •+JI- � Surface Z BORING COMPLETED 8-31-06 NL irerracon RIG #37 FOREMAN MD dVL APPROVED BFG JOB# 06065624 02751-17 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 76 of 94 OWNER/CLIENT SITE University of Iowa Iowa City, Iowa LOG OF BORING NO. 18 ARCHITECT/ENGINEER PROJECT Page 1 University of LA Chilled Water Crossing of the Iowa — SAMPLES TESTS ae 3 DESCRIPTION 1 L3 -- )... ct >: : -. 1 73 W > z u) ce i 5 z(*9 ' 3 w 8 )- 8° 1 638.1 ffi u, m w L 9 .1.o m 1-3 z 'g 0 0 m Z 1— Cc. 0 co >0 0 _ . . WB WATER 5 8.5 FINE TO COARSE SAND.TRACE 11:5 CLAY&GRAVEL, Gray 10 LEAN CLAY.TRACE SAND &GRAVEL, Dark Gray CL 1 SS. 2 5 38 •:•••: 'WB :•:::* 15 FINE TO COARSE SAND, '..-7.-:• TRACE CLAY&GRAVEL, - -/SVV 2 SS 12 10 15 ....,•.- Gray, Medium Dense ..••••• WB 20 :::......:- :••••••• --/S41/3 SS 15 15 11 .•.-.• .•.•.• ' WB 25 .-.....- - - _ .. - -/SVV 4 SS 1 12 ; FINE TO COARSE SAND, S TRACE CLAY&GRAVEL, WB 7----! '.: -:•:•:- Brown, Medium Dense 30 7( N1 '73 el' i 1 • 5:-:•:-: -,... ..., - • '.: rf.., 0 • • .,i . Continued Next Page r‘..) 4' The stratification tines represent the approximate boundary tines 'Calibrated Hand Penetron EZ between soil and rock types: In-situ,the transition may be gradual. "CME 140 lb.SPT automatic han (..7 -;: WATER LEVEL OBSERVATIONS, ft BORING STARTED 8-3, WL .Z SurfaceX BORING COMPLETED 8-3' WL 2. lrerracon n... RIG #37 FOREMAN WL APPROVED BFG JOB # 06065 02751-18 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 77 of 94 LOG OF BORING NO. 18 Page 2 of OWNER/CLIENT ARCHITECT/ENGINEER University of Iowa SITE PROJECT Iowa City, Iowa University of IA Chilled Water Crossing of the Iowa RIv SAMPLES TESTS C7 o0 1 o DESCRIPTION aez : , 6 dL Zz OW -SP/SW 5 SS 10 9 14 FINE TO COARSE.SAND.TRACE — WB CLAY.GRAVEL&BROKEN _ 35— LIMESTONE PIECES, — Brown, Loose to Very Dense -.SP/SW 6 SS 15 51 11 :i: . 39 '1'' t — WB **" HIGHLY WEATHERED& BROKEN 40- 141 LIMESTONE,Gray Practical Auger Refusal Q about 41 feet. BOTTOM OF BORING ""Classification estimated from disturbed samples. Core samples and petrographic analysis may reveal other rock types. 1.:.t r --C) CM o (-7-57.) ..--, -�� • to The stratification lines represent the approximate boundary lines Ctbratad Hand Penetrometer between soil and rock types: In-situ, the transition may be gradual. "CME 140 lb.SPT automatic hammer VATER LEVEL OBSERVATIONS, ft BORING STARTED 8-31-06 FL Si Surface I BORING COMPLETED 8-31-06 NL Z 1erracon RIG #37 FOREMAN MD NL APPROVED BFG JOB# 06065624, 02751-19 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 78 of 94 • GENERAL NOTES DRILLING&SAMPLING SYMBOLS: SS: Split Spoon- 1-3/8"LD., 2"O.D., unless otherwise noted HS: Hollow Stem Auger ST: Thin-Walled Tube-2"O.D., unless otherwise noted PA: Power Auger RS: Ring Sampler-2.42"I.D..3"O.D.. unless otherwise noted HA: Hand Auger DB: Diamond Bit Coring-4", N, B RB: Rock Bit ES: Bulk Sample or Auger Sample W8: Wash Boring or Mud Rotary The number of blows required to advance a standard 2-inch O.D. split-spoon sampler (SS) the last 12 inches of the total 18-in penetration with a 140-pound hammer falling 30 Inches is considered the'Standard Penetration"or"N-value'. WATER LEVEL MEASUREMENT SYMBOLS: WL: Water Level WS: While Sampling WO: Wet Cave in WO: While Drilling DCI: Dry Cave In BCR: Before Casing Removal AB: After Boring ACR: After Casing Removal Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at oth times and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. low permeability soils, the accurate determination of groundwater levels may not be possible with only short-term observations. DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils ha' more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders,d cobbles, gravel sand. ar Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally clays they plastic.and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may t added according to the relative proportions based on grain size. In addition to gradation,coarse-grained soils are defined on the baa of their in-place relative density and fine-grained soils on the basis of their consistency. CONSISTENCY OF FINE-GRAINED SOiLS RELATi.VE DENSITY OF COARSE-GRAINED SOILS Stan d Unconfined Penetration or Standard Penetration Compressive N-value(SSI or N-value(SSI Strength.Qu. psf Blowg/Ft. Consistency Blows/Ft Relative Density < 500 <2 Very Soft 0-3 Very Loose 500 - 1,000 2-3 Soft 4-9 Loose 1.001 - 2,000 4-6 Medium Stiff 10-29 Medium Dense 2.001 - 4,000 7-12 Stiff 30-49 Dense 4,001 - 8,000 13-26 Very Stiff 50+ Very Dense 8,000+ 26+ Hard RELATIVE PROPORTIONS OF SAND AND GRAVEL GRAIN SIZE TERMINOLOGY Descriptive Ter/nfs) of other Percent of Mato/Component constituents Dry Weinht of Sample particle Size Trace <15 Boulders Over 12 In. (300mm) With 15-29 Cobbles 12 In.to 3 in.(300mm to 75 mm) Modifier >30 Gravel 3 in.to#4 sieve(75mm to 4.75 mm) Sand #4 to#200 sieve(4.75mm to 0.075mm) RELATIVE PROPORTIONS OF FINES Silt or Clay Passing#200 Sieve(0.075mm) Descriptive Terms)of other Percent of PLASTICITY DESC I�TIOP constituents Dry Waloht - Term Piety Ikezt Trace <5 Non-plastic ':?-8 [i " With 5- 12 :lira Modifiers > 12 Medium .7( 30 M High cp 30+ i--; C"? =1Terrar\ loin Form 1 o6-6400 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 79 of 94 UNIFIED SOIL CLASSIFICATION SYSTEM Criteria for AsaSwing Group Symbols and Group Hama Using Laboratory Tats• Soil Classification IIIGroup Symbol Group Name arse Grained SaAs Q,avela cleave(kayaks Cu:4 and 1 s Ccs 3' OW Weil-graded gravaf More than 50%of coarse Lasa than 5%tinea° Cu<4 and/or 1>Cc>3' uGP Poorly graded graver s than 50%retained traction on No.200 sieve No.4 sieve Gravels WM Fines Floss classify as MI.or MH GM Slily grew/ Mors than 12%Mesa Fines ciasaify as CL or CH GC Clayey graveY" Sands Clean Sends Cu x 8 and 1 s Ccs 3' 3W well-graded sand 50%or more of coarse Lass than 5%Mesa Cu<8 and/or 1>Cc>3' SP Poorly graded sand' fraction paws No.4 slava Sands will Fifes Fina classify as MI.or MH SM Slay send"" Mors than 12%Wes' Fines Classify as CL or CH SC Clayey sand'"' ie-Grained Soils Sins and Gari manic P1>7 end plots on or above A'lane' CL • Lean day"" %or more passes the Liquid knit Nes than 50 P1<4 or plots below'A'One Mi. Sol"" r.200 sieve °manic Liquid Emit-oven dried <0.75 OL Organic daY`i11' Liquid limit-not dried Organic sem`'"' SOts and Clays Inorganic PI plots on or above'A'Erie CH Fat day' Liquid limit 50 or more Pi iota below'A'In. MH Elastic SOL"" organic Liquid limit oven dried <0.76 OH Organic clay"-"' Liquid Umit-not dried Organic siti"L" ghly oroanic soda Prbnerty organic matlar.darts in color.and organic odor PT Peat lased on the material passing the 3-In.(75-mm)sieve "If Any an organic.add with organic ioss' to group name. f field sample canfabfed cobbles or boulders.or both,add NAth cobbles r If soil contains ler 15%gravel,add"with graver b group name. illfbouidera.or both'b group name- J if ALlarberg traits plot In shaded area.sod Is a CL-Mt..silty day. vale with 5 to 12%;tree require duel symbols:- OW-GM iw I-gmdsd lc If sola cnntatkls 13 to 291%talus No.200.add'with sand"or'With !rood with silt.GW-GC well-greeted gravel with clay.GP-GLI poorly gravel.'wWdws/er lolidonirisnt. traded gravel with silt.GP-GC poorly graded gravel%Oh day. L If sail contains 4 30%plus No.200 predominantly sand.add ;ands with 5 to 12%fines require dual symbolic SW-SM well-gra'ded "sandy'to group name. landwith alt.SW-SC welligaded sand with day.SP-SM poorly graded u avid with sift.SP-SC poorly graded sand with clay If soli contains 2 30%plus No.200.predominantly gravel. add"gravelly'b group name. _ "P1 2 4 and prole an or above'A line. :u=Deo/Dto GC'. Dr Do - ° Pit 4 or obis below A'One. f sail contains 2 15%sand.add"with sand to group name. PPI plots on or above'A'line. f tines classify as CL-ML.use dual symbol GC-GLI,or SC-SM. ° Pt plots below'A'iine. 50 � 1 frac/Mad Vi Foric SWand -SM fine.twell-o 50 -of CO�soils ,,, r' Equation or'A-Line �` a FicxtmrMal at PI.4 b LL -- y` 40 - then P1.0.73(1.1-20) Ov. `_? n Equation d If-ane 11.3— t. t Z vsninl et Ltr1a to Pl- --I 4.•- 30 - than P1.0.5(LL-a) �. 7: I ' �. o� -=i n cr U I '••`,,� `E r—1-41 -r� i .1 z MH or OH «'� .' C..) `.Y..d 10 '/� -R �. �'i:;c: '.'A ML or OL -- , I - 0 ' 0 10 18 20 30 40 50 60 70 80 90 100 110 LIQUID UMIT(LL) llerracan _ Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 80 of 94 December 5, 2008 1Terracor Consulting Engineers !! Scientis V J Engineering Terracon Consultants, in 2570 Holiday Road 2339 Heinz Road. Unit Iowa City, Iowa 5224 Coraiville, Iowa 52241 Phone 319.688.300 Fax 319.688.300 noww.terracon.cor Attention: Mr. Mike Saeugling RE: Geotechnical Engineering Report Soil Borings for Sanitary Sewer Siphon Iowa City, Iowa Terracon Job No. 06085690.01 Dear Mr. Saeugling: Subsurface exploration for the proposed Sanitary Sewer Siphon across the Iowa River in Iowa City, Iowa has been completed. Based on the supplied site plan and the limited project information provided, we understand the project will consist of replacement of the existing system that was damaged in the flood with a new sanitary sewer siphon system. The project site is located downstream of the University of Iowa Chilled Water Crossing and just north of West Iowa Street bridge over the Iowa River. Terracon had performed the subsurface exploration and geotechnical services for the Chilled Water Crossing project in 2006 (Terracon Project No. 06065624). This report presents a summary of our field services, laboratory tests, and the subsurface conditions encountered in our borings performed at requested locations on the project site. The boring logs, a Site Location Map, and a Boring Location Diagram are attached with this report. Our scope of service did not include engineering analyses or geotechnical recommendations for this project. Therefore, Terracon cannot assume any responsibility or liability for interpretation of the enclosed data by others. cE — SITE EXPLORATION PROCEDURES "--+ C-Tz -=f rn S Field Exploration 7<r -u1 l As requested, our field exploration consisted of performing two (2) borings requested locations (one on each bank of the Iowa River) at the project site. The borings were advanced to depths of about 30 to 54 feet below the existing grades where practical auger refusal in the underlying weathered limestone bedrock was achieved. The boring locations .ivere marked in the field by Terracon personnel based on the supplied site plan. The boring locations indicated on the attached Boring Location Diagram are approximate, and were measured in the field with a cloth tape while right angles were estimated. The ground Delivering Success for Clients and Employees Since 1965 More Than 95 Offices Nationwide m7SI- Y) Case 4:11-cv-00260-JEG -TJS Document 2 tiled Ub/U1/11 rage zii or 94 Proposed Sanitary Sewer Siphon lrercacon Iowa City, Iowa Job No. 06085690.01 December 5, 2008 surface elevations at the boring locations were not provided. The locations of the borings should be considered accurate only to the degree implied by the means and methods used to define them. The borings were drilled with an ATV-mounted, rotary drilling rig using continuous flight, hollow-stemmed augers and/or wash boring procedure to advance the boreholes. Soil samples were obtained using split-barrel sampling procedure. In the split-barrel sampling procedure, a standard 2-inch O.D. split-barrel sampling spoon is driven into the ground with a 140-pound hammer falling a distance of 30 inches. A CME automatic SPT hammer was used to advance the split-barrel sampler in the borings performed on the site, The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch penetration is recorded as the standard penetration resistance value. These values are indicated on the boring logs at the depths of occurrence. The soil samples were sealed and returned to the laboratory for further analyses. Field logs of the borings were prepared by our drilling crew. These logs included visual classifications of the materials encountered during drilling as well as the driller's interpretation of the subsurface conditions between samples. The boring logs included with this report represent an interpretation of the field logs by a geotechnical engineer and include modifications based on laboratory observation and limited tests performed on selected samples. Laboratory Testing During the field investigation, a representative portion of each recovered sample was sealed in containers and transported to our laboratory for further visual and laboratory examination. Selected samples retrieved from the borings were tested for moisture content to aid in the soil classification. A hand penetrometer was used to measure the approximate unconfined compressive strength of some of the relatively cohesive samples. The hand penetrometer provides a better estimate of the soil's consistency and unconfined compressive-strength than visual classification alone. The results of the laboratory tests are shown on the boring logs, adjacent to the soil profiles, at their corresponding sample depths. As a part of the laboratory testing program, the soil samples were classified;in the aboratory based on visual observation, texture, plasticity, and the limited laboratortin4=-fiescrtbed above. Additional testing could be performed to more accurately clase4- th4`sampias. Portions of the recovered samples were placed in jars, and the samples AL be fe�tained�or at least 1 month if additional testing is requested. The soil descriptions:iresed owe 2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 82 of 94 Proposed Sanitary Sewer Siphon lrerracan Iowa City, Iowa Job No. 06085690.01 December 5, 2008 boring logs for native soils are in accordance with our enclosed General Notes and Unified Soil Classification System (USCS). The estimated group symbol for the USCS is also shown on the boring logs, and a brief description of the Unified System is included in this report. Classification of rock materials is in accordance with the enclosed General Notes and is based on visual and tactile observations. Petrographic analysis of thin sections may indicate other rock types. SUBSURFACE CONDITIONS Soil Conditions Subsurface conditions encountered at the boring locations are indicated on the individual boring logs. Stratification boundaries on the boring logs represent the approximate depths of changes in soil types. In-situ, the transition between materials may be gradual. Please review the attached boring logs for a detailed description of the conditions encountered at the individual boring locations. Based on the results of the borings, subsurface conditions on the project site can be generalized as follows. All depths discussed in the following paragraph are referenced below existing grade. The borings initially encountered existing or possible existing fill materials to depths of about 7 to 10 feet below the existing grades. The fill materials were mainly composed of brown to dark brown, lean clay with varying amounts of sand, gravel, and organics. Below this, Boring 1 encountered brown, medium stiff, lean clay with varying amounts of sand to depth of about 14 feet underlain by brown, loose to medium dense, fine to coarse sand with varying amounts of clay, gravel and cobbles to a depth of about 53 feet. Below the upper fill materials, Boring 2 encountered dark gray, very soft, lean to fat clay with traces of sand and organics to depth of about 17 feet underlain by dark gray, loose, fine to medium sand with traces of clay and organics to depth of about 29 feet. Below this, highly weathered and broken limestone was encountered. The borings were extended in the underlying limestone about 1 foot until practical auger refusal was achieved at depths of about 54 feet.in Boring 1 and about 30 feet in Boring 2. • '- = -=-+r-s o' Groundwater Conditions fir, --o a 7:1 71C 77. (7,3 The borings were monitored during the drilling operations for the presence l ,d level of groundwater. Groundwater levels observed are noted on the individual boring dogs. At the time of drilling, groundwater was observed in Boring 2 at a depth of about 5 feet below the existing grade. Groundwater level was not identified in Boring 1 at that time due to 3 11-7751- 7d Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 83 of 94 Proposed Sanitary Sewer Siphon 1ferracon Iowa City, Iowa Job No. 06085690.01 December 5, 2008 introduction of drilling fluid for the wash boring process. For more accurate estimation of ground water level, long term observations in piezometers or observation wells sealed from the influence of surface water is recommended. Following the completion of the drilling operations, the boreholes were backfilled with on-site soils. It should be recognized that fluctuations of the groundwater level will occur due to seasonal variations In rainfall, runoff, water level in Iowa River, and other factors not evident at the time the borings were performed. In addition, perched water will develop within existing fill materials and/or higher permeability soils overlying lower permeability soils following periods of heavy or prolonged precipitation. Therefore, groundwater levels during construction or at other times in the future may be higher or lower than the levels indicated on the boring logs. We recommend that possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project. GENERAL COMMENTS This report has been prepared for the exclusive use of our client for specific application to the project discussed 'and has been prepared in accordance with generally accepted geotechnical engineering practices. As mentioned earlier, no engineering analysis was included in our scope of service. No warranties, either express or implied, are intended or made. We appreciate the opportunity to be of service to you and look forward in assisting you during the next phases of the project. If you have any questions concerning this report, or if we may be of further service to you, please contact us. Sincerely, lferracon Consultants, Inc. P3 4 a-4v.-km.e"g4, .Ccid Bachan K. Sinha, M.S., E.I. 4111MillW • - Project Engineer Iowa No. 16017 N BKS/BFG:sab\Proiects12008106085690.01.doc `= Ca —' Enclosures c— a g --� :Z Copies To: Addressee(2) Cr i"i —0 rn . C..) 4 U3 r1-1-7c, 'c Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 84 of 94 r LOG OF BORING NO. 1 Page 1 o CLIENT I ARCHITECT/ENGINEER VJ Engineering SITE 'Nest Iowa Street PROJECT Iowa City, Iowa Sanitary Sewer Siphon Boring Location: East Bank SAMPLES TESTS O .S A 4 DESCRIPTION cc . - w 2 = V) m O 1 li }2 V) rt w. Z O(Z r. t/) 1 w V z OrG 652.5 a 2 cq 48 . 5v) ••••••• — HS 0. Now. -- 1 5S 7 11 20 :; Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 85 of 94 LOG OF BORING NO. 1 Page 2 of 2 CLIENT ARCHITECT/ENGINEER VJ Engineering SITE West Iowa Street PROJECT Iowa City, Iowa ( Sanitary Sewer Siphon SAMPLES TESTS I 1 9 OJ DESCRIPTION > ;E w n = N w as> z N Z Zzz �++ 2 %-• to v.' —_ WB ' -- 10 SS 9 11 7 GRAVELLY FINE TO COARSE SAND 40 — WB TRACE CLAY& COBBLES, Brown, _ :: Loose to Medium Dense — - 11 SS 11 8 17 R.. OQ`• 45 - WB 0. 12 SS 3 23 14 50 -- WB 93 - -r-154 ' HIGHLY WEATHERED & BROKEN 13 88 3 64/6" 13 \LIMESTONE Brown Practical Sampler Refusal a about 54 feet. BOTTOM OF BORING N — Classification estimated from disturbed i samples. Core samples andpetrographic C' ,c-_-_, _t_ - analysis may reveal other rock types. ---t c,, cn i o --7? 1. -I- :•!„ • c.....) •. .1 ma 1e stratification lines represent the approximate boundary lines 'Calibrated Hand Penetrometer Itween soil and rock types: in-situ, the transition may be gradual. "CME 140 lb. SPT automatic hammer %TER LEVEL OBSERVATIONS, ft BORING STARTED 11-24-08 • NONE WD -Y BORING COMPLETED 11-24-08 L erracon RIG #83E FOREMAN RH L Backfilled APPROVED TTW JOB # 06085690 m-7c1_ -)-r Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 86 of 94 LOG OF BORING NO. 2 Page 1 < CLIENT VJ Engineering ARCHITECT/ENGINEER SITE West Iowa Street PROJECT Iowa City, Iowa Sanitary Sewer Siphon Boring Location: West Bank SAMPLES TESTS 1 0 J eE CI a N DESCRIPTION 2 � : r z u N w > z— az Z Zz 645.5 p U z z w ugim 3o EI Sc.) 0 4•;•;•, Approx. 2" surficial sand — HS •••�: FILL, LEAN CLAY, TRACE SAND, _ 1 SS 4 30 ...... GRAVEL & ORGANICS, Dark Brown and ' HS ••• Brown _ 2 SS 5 34 .,. 57- ••:•:: 5 3 HS 2 r 38 ::,:.::d..:d — SS W.7 .•NH S - 4 SS 1 42 '500 LEAN TO FAT CLAY,TRACE SAND & 10 — 1 WB ORGANICS, Dark Gray, Very Soft J i'. 4,\C I - 5 SS 1 52 500 15 ^ WB 17 -� — 6 SS 7 27 20 — WB FINE TO MEDIUM SAND, TRACE CLAY & ORGANICS, Dark Gray, Loose 7 SS 9 20 25 — WB -* f. J 29 — 8 SS 5014" •13 b "' HIGHLY WEATHERED BROKEN -! �-, i 30 `LIMESTONE 7---- - 30 IT Practical Sampler Refusal -Mc-TicQ` 'ti g about 30 feet. =<m `v BOTTOM OF BORING `7 r'""9 "' SEE NOTE ON B-1. =� w O Y N.) i CJ i The stratification lines represent the approximate boundary lines 'Calibrated Hand Penetromei 2 between soil and rock types: in-situ,the transition may be gradual. "CME 140 Id. SPT automatic harnrr WATER LEVEL OBSERVATIONS, ft BORING STARTED 11-24-1 ' i WL 'Z 5 WS 1 • BORING COMPLETED 11-244 o WL T erracon RIG #83E r FOREMAN R o`WL Backfilled APPROVED TTW , JOB # 060856S 02751- 28 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 87 of 94 GENERAL NOTES DRILLING &SAMPLING SYMBOLS: 3S: Split Spoon- 1-3/8' I.D.,2"O.D., unless otherwise noted HS: Hollow Stem Auger 3T: Thin-Walled Tube-2"O.D., unless otherwise noted PA: Power Auger QRS: Ring Sampler- 2.42" I.D..3"O.D., unless otherwise noted HA: Hand Auger DB: Diamond Bit Coring -4", N, B RB: Rock Bit BS: Bulk Sample or Auger Sample WB: Wash Boring or Mud Rotary The number of blows required to advance a standard 2-inch O.D. split-spoon sampler (SS) the last 12 inches of the total 18-inch )enetration with a 140-pound hammer falling 30 Inches Is considered the'Standard Penetration"or"N-value. WATER LEVEL MEASUREMENT SYMBOLS: ;NL: Water Level WS: While Sampling N/E: Not Encountered NCI: Wet Cave in WD: While Drilling DCI: Dry Cave in SCR: Before Casing Removal 4B: After Boring ACR: After Casing Removal Vater levels Indicated on the boring logs are the levels measured in the borings at the times Indicated. Groundwater levels at other Imes and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. in )w permeability soils, the accurate determination of groundwater levels may not be possible with only short-term observations. )ESCRIPTIVE SOiL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils have lore than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine ;rained Soils have less than 50%of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic, nd slits if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be added ccording to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined on the basis of their i-place relative density and fine-grained soils on the basis of their consistency. CONSISTENCY OF FINE-GRAINED SOILS RELATIVE DENSITY OF COARSE-GRAINED SOILS Standard Unconfined Penetration or Standard Penetration Compressive N-value ISS1 or N-value(SS>t Strength, Qu,psf Blows/Ft,- Consistency Blows/FL Relative Density < 500 0- 1 Very Soft 0-3 Very Loose 500 - 1,000 2-4 Soft 4-9 Loose 1,000 - 2,000 4-8 Medium Stiff 10-29 Medium Dense 2,000 - 4,000 8- 15 Stiff 30-49 Dense 4,000 - 8,000 15-30 Very Stiff > 50 Very Dense 8,000+ >30 Hard RELAT1VEPROPORTIONS OF SAND AND GRAVEL, GRAIN SIZE TERMINOLOGY Descriptive Term(*)of other Percent of Major Component constituents Dry Weight of Sample Particle Size Trace < 15 Boulders Over 12 in.(300mm) With 15-29 Cobbles 12 In. to 3 In. (300mm to 75 mm) Modifier > 30 Gravel 3 in. to#4 sieve(75mm to 4.75 mm) Sand #4 to#200 sieve(4.76mm to 0.075mm) RELATIVE PROPORTIONS OF FINES Silt or Clay Passing#200 Sieve(0.075mm) Descriptive Term(s) of other Percent of PLASTICITY DESCRIPTION constituents Dry Weight = - - -- Te j Plasticity Index Trace < 5 Non-plastic c..b cl 1"°."' With 5- 12 Low �14-10 Modifiers > 12 Medium _h'1-3tLz? r l i High ' C) 30"- : "� 11errcon i 108--5108 02751- 29 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 88 of 94 GENERAL NOTES Sedimentary Rock Classification DESCRIPTIVE ROCK CLASSIFICATION: Sedimentary rocks are composed of cemented clay, silt and sand sized particles. The most common minerals are clay, quartz and calcite. Rock composed primarily of calcite is called limestone; rock of sand size grains is called sandstone, and rock of clay and silt size grains Is called mudstone or claystone, siltstone, or shale. Modifiers such as shaly, sandy, dolomitic, calcareous, carbonaceous, etc. are used to describe various constituents. Examples: sandy shale; calcareous sandstone. LIMESTONE Light to dark colored, crystalline to fine-grained texture, composed of CaCo3, reacts readily with HCl. DOLOMITE Light to dark colored, crystalline to fine-grained texture, composed of CaMg(CO3)z, harder than limestone, reacts with HCI when powdered. CHERT Light to dark colored, very fine-grained texture, composed of micro-crystalline quartz (SiO2), brittle, breaks into angular fragments, will scratch glass. SHALE Very fine-grained texture, composed of consolidated silt or clay, bedded in thin layers. The unlaminated equivalent is frequently referred to as siltstone, claystone or mudstone. SANDSTONE Usually light colored, coarse to fine texture, composed of cemented sand size grains of quartz, feldspar, etc. Cement usually Is silica but may be such minerals as calcite, iron-oxide, or some other carbonate. CONGLOMERATE Rounded rock fragments of variable mineralogy varying in size from near sand to boulder size but usually pebb'a to cobble size (1/1 inch to 6 inches). Cemented together with various cementing agents. Breccia is similar but composed of angular, fractured rock particles cemented together. DEGREE OF WEATHERING: SLIGHT Slight decomposition of parent material on Joints. May be color change. MODERATE Some decomposition and color change throughout. HIGH Rock highly decomposed, may be extremely broken. D:3-—4 -=i c) C3/~ M 7.3 - Classification of rock materials has been estimated from disturbed samples.- C,,,) 1:7s' Core samples and petrographic analysis may reveal other rock types. ' N Cil Ilerracon __ Form 109.5.85 02751- 30 Case 4.11-cv-0Q260-JFG -TJS Document 2 Filed 06/01/11 Page 89 of 94 c UNIFIED SOIL CLASSIFICATION SYSTEM Soil Classification Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests" Group Group Nsmea _ Symbol Coarse-Grained Solis Gravels Clean Gravels Cu a 4 and 1 s Ccs 36 GW Well graded gravels More than 604E retained on More than 504E of coarse Less than 5% kneel No. 200 sieve fraction retained on Cu < 4 and/or 1 > Cc > 3' GP Poorly graded gravels No. 4 sieve Fines classify as ML or MH GM Silty gravel'.a N Gravels with Fines More than 12% lines° Fines classify as CL or CH GC Clayey gravel/.4 K Sands Clean Sands Cu a 0 and 1 s Cc s 31 SW Weil-graded sand' 50% or more of coarse Lass than 5% finest Cu < A and/or 1> Cc > 3s. SP Poorly passes graded sand No 4 elves Fines classify as ML or MH SM Silty sane.4-' Sands with Fine* More than 12%lines° Fines classify as CL or CH SC Clayey sancta`N•' Fine-Grained Soils Silts and Clays inorganic PI > 7 and plots on or above'A"ilea' CL Lean ctay'X L" 50% or more passes the Liquid limit lass than 50 Na 200 sieve PI < 4 or plots below "A" line' ML Silt'-L u g Liquid limit — oven dried < 0.75 OL Organic cite-L'"•N organic Liquid limit — not dried Organic sire'L. -° Sills and Clays Inorganic P1 plots on or above"A' Iln• CH Fat clay'',I-u Liquid limit 50 or more PI plots below "A" Ilne MH Elastic site-L U Liquid limit —oven dried Organic clayK.L u•P organic < 0.75 OH Liquid limit — not dried Organic 510.1- 14'0 Highly organic soils Primarily organic matter,dark In color,and organic odor PT Peal 'Based on the material passing the 3-In. ECU - 0 D CC • (0,0)2 'e11 soil contains 15 to 29% plus No. 200, add (75-mm)sieve 's 0 x Deo sand"or"with gravel'whichever is 'If flesample contained cobbles or s 10 predominant. if soil contains a: ib% sand,addd'with sand"to L boulders, Or both,add "with cobbles orp Rama if soil contains a 30% plus. No. 200 grouboulders,or both" to group name 3I fines classify as CL•M� use dual symbol GC predominantly sand, add-sandy' to group Gravels with 5 to 12% (Inas requlrs dual symbols, s'If fines ate organic,add withorganic fines"to '411 soil contains a 30% plus No. 200, GW-GM waif-graded gravel with sillg predominantly gravel, add "gravelly' to group GW-GC well-graded gravel with clay group name mama GP-GM poorly graded gravel with silt 'It soil contains a 15% gravel,add"with gravel' to NPI a 4 and plots on or above "A" line. GP-GC poorly graded gravel with clay group names °PI c ♦or plots below 'A" line °Sands with 5 to 12% !Ines require dual 'Ii Atterberg limits plot In shaded area, soil is a CL- 'pi plots on or above "A" line. symbols: ML, silty clay. °PI lots below "A" line. SW-SM well-graded sand with slit p SW-SC well-graded sand with clay SP-SM poorly graded sand with slit SP-SC poorly graded sand with clay 80 V,,4,, JFor otaaalllostlon of flne•gradned sous iand Ik1e•Qralned traction of cause- r 50 -grained sousEquation of "A"•line \ / �� Horizontal al PI - 4 to LL - 25.3. �Jr if \�� Y. then Pt - 0.73(LL-20) I O ' ,,q^, X 40 -Equation of "U" -line QP / Li-Q Vertical at LL - id to PI 7, Z then PI .. c..)0.9(IL-8) / G r., / 4 30 // — Ate , C_ •._i. ., 1 Q 20 _— / OO _ c)� 1 _ n / G>' MH OR OH --f - / ,-7(c--- / -C, ill 10 �ta.1. �:'`; + :r:= M L os. OL --r :.� i. 4 t I IV r 0 -1 0 10 16 20 30 40 50 60 70 80 90 100 110 LIQUID LIMIT (LL) herr , . _ Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 90 of 94 SECTION 02900 LANDSCAPING PART 1 - GENERAL 1.01 SUMMARY: A. Plantings (trees, shrubs, seed and sod), including soil preparation, finish grading, landscape accessories and maintenance. 1.02 QUALITY ASSURANCE: A. The fitness of all plantings shall be determined by the Engineer and/or the City Forester with the following requirements: Nomenclature: Scientific and common names shall be in conformity with U.S.D.A. listings and those of established nursery supplies. 2. Standards: All trees must conform to the standards established by the American Association of Nurserymen. B. The Contractor shall repair or replace all plantings which, in the judgment of the Engineer and/or City Forester, have not survived and grown in a satisfactory manner for a period of one year after City Council acceptance of the project. 1.03 SUBMITTALS: A. Certify that all plantings are free of disease and insect pests. Certificates shall be submitted to the Engineer and/or City Forester. B. Submit certification of seed mixtures, purity, germinating value, and crop year identification to the Engineer. 1.04 DELIVERY,STORAGE AND HANDLING: =) A. Protect all plantings in transit to site to prevent wind burning of foliage:47f c' B. Set all balled and burlapped trees and shrubs, which cannot be planted gimme liately On ground and protect with soil, wet peat moss or other acceptable material, and water-as required by weather conditions. cti N C. Keep container grown trees and shrubs, which cannot be planted immediately, moist by adequate watering. Water before planting. • 02900-I Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 91 of 94 PART 2 - PRODUCTS 2.01 TREES AND SHRUBS: A. Trees and shrubs shall be vigorous, healthy, well-formed, with dense, fibrous and large root systems and free of insect or mechanical damage. B. All trees and shrubs, except those specified as container grown, shall be balled in burlap with root ball formed of firm earth from original and undisturbed soil. At a minimum, 80% of all plantable containers shall be removed during planting. C. All trees shall display the following form and branching habits: 1. Free of branches to a point at 50%of their height. 2. Contain a minimum of six (6) well placed branches, not including the leader. D. Trees shall be measured when branches are in their normal position. Caliper measurement shall be taken at a point on the trunk six inches (6") above ground. E. Trees which have no leader or have a damaged or crooked leader, or multiple leaders, unless specified, will be rejected. Trees shall be freshly dug. 2.02 SEED: Minimum Proportion LbsJ LbsJ Mix by Weight Acre 1,000 sq.ft. URBAN MIX* Kentucky Blue Grass 70% 122.0 2.80 Perennial Rygrass (fine leaf variety) 10% 18.0 0.40 Creeping Red Fescue 20% 35.0 0.80 RURAL MIX* Kentucky 31 Fescue 54% 25 0.57 Switchgrass(Black Well) 17% 8 0,`g Alfalfa(Northern Grown) 11% 5 0,`11 Birdsfoot Trefoil (Empire) 9% 4 :cs'-, 0,49 c 9� Alsike Clover 9% 4 in 049 (7) cm F' *A commercial mix may be used upon approval of the Engineer if it contains a 3 high percentage of similar grasses. c: 2.03 SOD: NcD A. Grass and sod established, nursery grown Kentucky or Merion Bluegrass sod, vigorous, well rooted, healthy turf, free from disease, insect pests, weeds and other grasses, stones, and any other harmful or deleterious matter. B. Sod harvested by machine at uniform soil thickness of approximately one inch but not less than 3/4 of an inch. Measurement for thickness excludes top growth and thatch. Prevent tearing, breaking,drying or any other damage. 02900-2 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 92 of 94 2.04 LIME AND FERTILIZER A. Ground agriculture limestone containing not less than 85 percent of total carbonates. B. Fertilizer shall contain the following percentages by weight or as approved by Engineer: Nitrogen' - 15% Phosphorus- 15% Potash- 15% •At least 50 percent of nitrogen derived from natural organic sources of ureaform. PART 3 - EXECUTION 3.01 PLANTING TREES AND SHRUBS: A. Planting Season and Completion Date: 1. Trees: Spring—March 30 through May 15 Fall—Sept 18 through Nov. 18 2. The Contractor may plant outside the limits of such dates with permission of the City Forester. The City Forester may stop or postpone planting during these dates if weather conditions are such that plant materials may be adversely affected. B. The planting shall be performed by personnel familiar with the accepted procedures of planting and under the constant supervision of a qualified planting supervisor. C. Tree and shrub placement shall be as shown on the plans. D. Contractor shall inform the City Forester of the starting date and location. All planting soil must be approved by the City Forester before use. E. Excavate with vertical sides and in accordance with following requirements: 1. Excavate tree pits to a minimum of two feet greater in diameter than root ball of tree and sufficiently deep to allow for a minimum of 6 inches of planting soil mixture below root ball. 2. Plant shrubs in pits 12 inches greater in width than diameter of root ball or container and sufficiently deep to allow for a minimum of 6 inches-of planting soil mixture below root ball. .-- 3. Do not use auger to excavate planting pits. m F. Set trees and shrubs in center of pits, align with planting plan, plumband sdraigltrand at elevation where top of root ball is one inch lower than surrounding finished grade after settlement. G. Compact topsoil mixture thoroughly around base of root ball to fill all voids. Cut all burlap and lacing and remove from top one-third of root ball. Do not pull burlap from under any root ball. Backfill tree and shrub pits halfway with planting soil mixture and thoroughly puddle before further backfilling tree or shrub pit. Water tree or shrub again when backfill operation is complete. 02900-3 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 93 of 94 H. Rake bed area smooth and neat. Mulch all tree pits and shrub beds with a minimum of three inches of hardwood mulch which has been approved by the City Forester. 3.02 PLANTING SOIL MIXTURE: A. Backfill material for plantings shall be a mixture of 2/3 loose friable topsoil and 1/3 clean sand. All backfill shall have a uniform appearance and shall be loose, friable, and free of hard clods and rock over two inches in diameter. 3.03 SEED, FERTILIZE,LIME AND MULCH: A. Apply lime by mechanical means at rate of 3,000 pounds per acre. B. Apply fertilizer at rate of 450 pounds per acre. C. Seed Areas: 1. Remove weeds or replace loam and reestablish finish grades if any delays in seeding lawn areas allow weeds to grow on surface or loam is washed out prior to sowing seed. This work will be at the Contractor's expense. 2. Sow seed at rate of 175 pounds per acre on calm day, by mechanical means. Sow one-half of seed in one direction, and other one-half at right angles to original direction. 3. Rake seed lightly into loam to depth of not more than '/.-inch and compact by means of an acceptable lawn roller weighing 100 to 150 pounds per linear foot of width. 4. Hydro-seeding may be used upon approval of the Engineer. D. Water lawn area adequately at time of sowing and daily thereafter with fine spray until germination, and continue as necessary throughout maintenance and protection period. E. Seed during approximate time periods of April 1 to May 15 and August 15 to September 15, and only when weather and soil conditions are suitable for such work, unless otherwise directed by the Engineer. F. All areas requiring mulch shall be mulched as soon as seed is sown and final rolling is completed. Mulch shall be evenly and uniformly distributed and anchored into the soil. The application rate for reasonably dry material shall be approximately I''/z tons of dry cereal straw, two tons of wood excelsior, or two tons of prairie hay per acre, or other approved material, depending on the type of material furnished. All accessible mulched areas shall be consolidated by tilling with a mulch stabilizer, and slope areas shall be tilled on the contour. Crawler-type or dual-wheel tractors shall be used for the mulching operation. Equipment shall be operated in a manner to minimize displacement of the soil and disturbance of the design cross section. G. Apply additional care as necessary to ensure a hearty stand of grass at the end of the one- year maintenance period. O 3.04 SOD: CZ A. Install sod not more than 48 hours after cutting. Stake all sodas-necessary prevent erosion before establishment. `-fn _� 171 B. Apply lime by mechanical means at a rate of 3,000 pounds per acre.- -`I N 02900-4 Case 4:11-cv-00260-JEG -TJS Document 2 Filed 06/01/11 Page 94 of 94 C. Apply fertilizer at a rate of 450 pound per acre. D. Remove weeds or replace loam and reestablish finish grades if there are any delays in sodding. E. Rake area to be sodded. F. Roll sod to establish smooth, uniform surface. G. Water area adequately at time of sodding and continue as necessary throughout maintenance period. H. Sod during approximate time periods of April I to May 15 and August 15 to October 15, and only when weather and soil conditions are suitable for such work, unless otherwise directed by the Engineer. I. Apply additional care as necessary to ensure a hearty stand of grass at the end of the one- year maintenance period. 3.05 MAINTENANCE-ALL PLANTINGS: A. Begin maintenance immediately and continue maintenance until final acceptance of work. Water, mulch, weed, prune, spray, fertilize, cultivate and otherwise maintain and protect all plantings. B. Maintain sod and seed areas at maximum height of 21/2 inches by mowing at least three times. Weed thoroughly once and maintain until time of final acceptance. Reseed and refertilize with original mixtures, watering, or whatever is necessary to establish, over entire area, a close stand of grasses specified, and reasonably free of weeds and undesirable grasses. C. Reset settled trees and shrubs to proper grade and position, and remove dead material. D. All plantings shall be guaranteed for a period of one year atter by City Council acceptance of the project. E. The Contractor shall supply all water for planting and maintenance. Water may be obtained at the Contractor's expense at the bulk water fill station located at 1200 S. Riverside Drive. All water must be paid for in advance at the Civic Center, 410 E. Washington Street. 0 (..) 7. --i ; -mac? rn -D i TJ � N 02900-5 Case 4:11-cv-00260-JEG -TJS Document 2-1 i ed Orakti311T Pag_ of 99 Page i PREFACE When referenced, the 2009 edition of the Iowa Department of Transportation's (Iowa DOT) Standard Specifications for Highway and Bridge Construction shall be used for contract work awarded by the Iowa DOT. They may also be incorporated by reference in other contract work on secondary, urban, local systems, or other contract work in which the Iowa DOT has an interest. As modified by the General Supplemental Specifications, these Standard Specifications represent the minimum requirements and may be modified by Supplemental Specifications, Developmental Specifications, and Special Provisions on specific contracts. These Standard Specifications have been written so the Contractor's responsibilities are indicated by plain language using the Imperative Mood and Active Voice form. Sentences are of the form: Construct isolation joints at all points where driveways meet other walks, curbs, or fixtures in the surface. Ensure finished members are true to detailed dimensions and free from twists, bends, open joints, or other defects resulting from faulty fabrication or defective work. Personnel preparing the JMF shall be Iowa DOT certified in bituminous mix design. The Contracting Authority's responsibilities are (with some exceptions) indicated by the use of the modal verb "will". Sentences are of the form: The Engineer will obtain and test density samples for each lot according to _ o Materials I.M. 204. c) C.... Payment will be the contract unit price c:-).< for Fabric Reinforcement per square -=i^) to yard (square meter). :, --0 rn cp CA) FD- N O Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 2 of 99 Page ii These standard specifications contain dual units of measure: the United States Standard measure (English units) and the International System of Units (SI or "metric" units). The English units are expressed first then followed by the metric units in parentheses. The measurements expressed in the two systems are not necessarily equal. In some cases the measurements in metric units is a "hard" conversion of the English measurement; i.e. the metric unit has been approximated with a rounded, rationalized metric measurement that is easy to work with and remember. The proposal form will identify whether the work was designed and shall be constructed in English or metric units. N U 1(•-% r yg U C7-� 1 C, (7'1 rzi (�F' seal z r'a c • UI Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 3 of 99 DIVISION 11. GENERAL REQUIREMENTS AND COVENANTS This part consists of the general provisions applying to all types of construction and maintenance as set forth in the following sections: 1101. Definitions. 1102. Proposal Requirements and Conditions. 1103. Approval for Award and Award of Contract 1104. Scope of Work. 1105. Control of Work. 1108. Control of Materials. 1107. Legal Relations and Responsibility to the Public. 1108. Prosecution and Progress. 1109. Measurement and Payment and Metric Conversion. 1110. Progress Scheduling. 1111. Incentive/Disincentive for Early Completion. 1112. A+ B Bidding. 1113. Hourly Lane Rental (A+ B Bidding with Incentive/Disincentive). C- -‹ I � =lc. rn rn ==' N.) 0 Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 4 of 99 Section 1101. Definitions 1101.01 GENERAL. A. Wherever in these specifications or other contract documents the following definitions terms, or both, or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: In order to avoid cumbersome and confusing repetition of expressions in these specifications, t is provided that whenever anything is, or is to be, done, if, as, or,when,or where "contemplated, required, determined, directed, specified, authorized,ordered,given, designated, indicated,considered necessary, deemed necessary, permitted, reserved, suspended, established,approval, approved,disapproved, acceptable, unacceptable, suitable, .accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned," it shall be understood as if the expression were followed by the words"by the Engineer" or"to the Engineer." B. The titles or headings of the sections and articles herein or referred to on the plans are intended for convenience of reference and shall not be considered as having any bearing on their interpretation. C. The contract documents may reference specifications or standards that have been issued by organizations such as AASHTO.ASTM,ANSI, etc. In such instances the reference being made is to the specification or standard that is in effect four weeks prior to letting unless a specific date or year of issue is provided. 1101.02 DEFINITIONS OF ABBREVIATIONS. Nherever the following abbreviations are used in these specifications or in the contract documents, they are to be construed the same as the respective expressions represented: AA-Affirmative Action AAN -American Association of Nurserymen AAR -Association of American Railroads AASHTO(or AASHO)-American Association of State Highway and Transportation Officials ABI-Average Base Index ABS-Acrylonitrile-Butadiene-Styrene ACI-American Concrete Institute AGC-Associated General Contractors of America AIA-American Institute of Architects AISC-American Institute of Steel Construction ALS-American Lumber Standards ANSI -American National Standards Institute APA-American Plywood Association API -American Petroleum Institute APWA-American Public Works Association ATSSA-American Traffic Safety Services Association ARA-American Railway Association AREA-American Railway Engineering Association ARI-Air-Conditioning and Refrigeration Institute ASA-American Standards Association ASCE-American Society of Civil Engineers ASLA-Amencan Society of Landscape Architects ASTM-American Society for Testing and Materials o AWPA-American Wood Preservers Association CD AWS-American Welding Society - 5 AWWA-American Water Works Association BSC-Bituminous Seal Coat C)—(." t CFR-Code of Federal Regulations CLSM-Controlled Low Strength Material �[f" CMP-Corrugated Metal Pipe r'I CPM -Critical Path Method -: 1. CRSI -Concrete Reinforcing Steel Institute DBE- Disadvantaged Business Enterprise tV OFT-Dry Film Thickness Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 5 of 99 DIP- Ductile Iron Pipe DNR-Department of Natural Resources DOT- Department of Transportation EEI - Edison Electric Institute EEO- Equal Employment Opportunity EPA-Environmental Protection Agency FHWA-Federal Highway Administration FR -Federal Register ESAL-Equivalent Single Axle Load FSS- Federal Specifications and Standards GGBFS-Ground Granulated Blast Furnace Slag GRI -Geosynthetic Research Institute GSA-General Services Administration HOPE-High Density Polyethylene Pipe HMA- Hot Mix Asphalt IAC - Iowa Administrative Code IMSA-International Municipal Signal Association ID- Identification I/D- Incentive/Disincentive IMSA- International Municipal Signal Association IEEE -Institute of Electrical and Electronics Engineers IES- Illuminating Engineering Society ICEA (or IPCEA)- Insulated Cable Engineers Association IMSA-International Municipal Signal Association ITE - Institute of Transportation Engineers Materials I.M. -Materials Instructional Memorandum MSDS-Material Safety Data Sheets MUTCD- Manual on Uniform Traffic Control Devices NCHRP-National Cooperative Highway Research Program NEC-National Electrical Code NEMA-National Electrical Manufacturers Association NFPA-National Fire Protection Association NSF- National Sanitation Foundation OSHA-Occupational Safety and Health Administration PE - Polyethylene Pipe PCC- Portland Cement Concrete PLS-Pure Live Seed PVC-Polyvinyl Chloride Pip RAP -Recycled Asphalt Pavement RCAP-Reinforced Concrete Arch Pipe RCP-Reinforced Concrete Pipe SAE - Society of Automotive Engineers SDR- Standard Dimension Ratio SSPC-Steel Structures Painting Council SUDAS-Statewide Urban Design and Specifications UL- Underwriters'Laboratones, Inc. US- United States — USC-United States Code VCP-Vitrified Clay Pipe :.'-t7 r--_- mfl VE-Value Engineering A-1 C »••••••• VOC-Volatile Organic Compound C7 t --1 h Cr/ r- 1101.03 DEFINITION OF TERMS. M Acceptable Work. _v=�. Work in reasonably close conformance with the contract requirements. 31-04. CD Addendum. A revision to the contract documents written and issued after the notice to bidders, and prior to the advertised time for receipt of proposals. Changes reflected in the Addendum shall govern over all other contract documents. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 6 of 99 Advertisement. The public announcement, publication,or solicitation, as required by the Contracting Authority, inviting bids for work to be performed or materials to be furnished. Affiliates. Affiliate companies that have any individual who is an officer, director, or partner in both companies, or if one or more persons or entities own or control 20%or more of the stock of both companies. Approval for Award. The acceptance by the Contracting Authonty of a bid. Approved Equal(Equivalent). A product or material that, upon review of the Engineer, is determined to meet or exceed the requirements called for by the specifications. Upon approval, the item will be allowed in lieu of the specified material or product. Approximate Start Date. A calendar day shown on the proposal on which it is anticipated, at the time of letting, that conditions will be such as to permit the Contractor to commence work. Assignment of Contract. The wntten agreement whereby the Contractor sells, assigns,or transfers nghts in the contract to any person, firm, or corporation. Award. The execution of the contract. Backslaps. The sloping surface of a cut, borrow pit, or ditch of which the downward inclination is toward the traveled way. Bid Amount. The aggregate sum obtained by totaling the amounts arrived at by multiplying the number of units of each class of work, as shown in the proposal form, by the unit puce specified in the proposal form for that class of work. Bid Bond. See Proposal Guaranty. Bidder. An individual, firm,corporation,or joint venture submitting a bid for the advertised work. Bid Item. See Contract Item(Pay Item). Board or County Board. The County Board of Supervisors as constituted under Chapters 39 and 331, Code of Iowa. Bridge. Any structure, including supports, erected over a depression or an obstruction, such as water, a highway, or a railroad, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of roadway of more than 20 feet(6.1 m)between undercopings of abutments or extreme ends of openings for multiple boxes. Length. The length of a bridge structure is the overall length measured along the line`of survey stationing back-to-back of backwall of abutments, if present, or otherwise end to end ofthe bridge floor, ti g but in no case is less than the total clear opening of the structure. • Roadway Width. The clear width measured at right angles to the longitudinal center lipitel the bridge between the bottom of curbs or guard timbers or in the case of multiple height of curbS16B1wegthe + Y bottoms of the lower risers. CA) N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 7 of 99 Calendar Day. Every day shown on the calendar. Change Order. A written order to the Contractor, signed by the Engineer, ordenng a change in the performance of work or furnishing of materials,from that originally shown by the contract documents. Change orders duly signed and executed by the Contractor constitute authorized modifications of the contract, and may be performed at contract unit prices, agreed prices,or on a force account basis, as provided elsewhere in these specifications. Channel. A natural or artificial water course. Chief Engineer. A Professional Engineer licensed in the State of Iowa and appointed by the Director of the Department of Transportation. Classes of Work. The divisions made for the purpose of measuring and paying for labor to be performed or materials to be furnished according to the methods of construction involved, as indicated by the items for which bids have been received for each specific contract. Commencement of Work. Work will be considered commenced when the Contractor's operations are started on items of work covered by the contract documents and which require inspection within the right-of-way; or when the Contractor notifies the Engineer, and the Engineer agrees,that the Contractor's equipment and personnel are available to the site,but the operations are prevented by weather or soil conditions. Commission. The State Transportation Commission as constituted under the laws of the State of Iowa (which is the party of the first part in the contracts let in behalf of the State, of which these specifications are a part). Commissioner. A member of the State Transportation Commission. Completion Date. The Date on which all work specified in the contract is completed. Contract(Also Contract Documents). The written agreement between the Contracting Authority and Contractor setting forth obligations of the parties thereunder, including but not limited to, performance of the work,furnishing of labor and materials, and basis of payment. The contract includes the following: • Addendum, • Contract bond, • Contract form, • Matenals Instructional Memorandums, • Notice to Bidders, • Notice to Proceed, • Plans. • Proposal, • Special Provisions. -- • Standard Specifications, including General Supplemental Specifications, L • Developmental Specifications, • Supplemental Specifications, and • Any change orders and agreements which are required to complete the construction owe-workiri an r- acceptable manner, including authorized extensions thereof,all of which constitute one-tfitttument. Contract Bond. The bond executed by the Contractor and the Contractor's surety in favor of the party of the_first pari, guaranteeing the faithful performance of the obligation assumed by the contract and the payment ofsll debts pertaining to the work. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 8 of 99 Contract Item(Pay Item). A specifically described unit of work for which a price(either unit or lump sum)is provided in the contract. Contract Period(Also Contract Time). The number of working days allowed for completion of the contract, including authorized time extensions. Contract Sum. The aggregate sum obtained by totaling the amounts arnved at by multiplying the number of units of each class of work, as shown in the contract, by the unit price specified in the contract for that class of work. Contract Unit Price. The price bid by the Contractor for one unit of work, as defined by the specifications. Contracting Authority. The governmental body, board, commission, or officer having authority to award a contract. Contractor. The individual, firm,corporation, or joint venture contracting with the Contracting Authority for performance of prescribed work. Contractor's Financial Statement. The specified forms on which a contractor shall furnish required information as to the Contractor's ability to perform and finance the work. Controlling Item of Work. The Controlling Item of Work is the unique activity of a contract that will determine the duration of the construction period. The character of this work may change during the construction period. It is the work that could be in progress at any time that would have the greatest influence on the duration of the construction period. County. Party of the first part in the contract, !et by a County Board of Supervisors,of which these specifications are a part. County Auditor. The auditor of the contracting county duly elected under Chapter 39, Code of Iowa. County Engineer. A Professional Engineer licensed in the State of Iowa and appointed by the County Board of Supervisors. Culvert. A structure not classified as a bridge or storm sewer which provides an opening under a roadway or embankment, except that such term shall not include tiles crossing the road, or intakes thereto, where such tiles are part of a tile line or system designed to aid subsurface drainage. Deficient Work. Work not in reasonably close conformance with the contract requirements, or otherwise inferior, but in the opinion of the Engineer, reasonably acceptable for its intended use and allowed to remain in place. Department of Transportation (the Department). The Department of Transportation, as defined in Chapter 307, Code of Iowa. Developmental Specifications. Additions and revisions to the standard, general supplemental, and supplemental specifications covering the development of new construction items or changes to a process. They only apply to a project wherrziloted in the proposal form. ° p Divided Highway. A highway with separate roadways for traffic in opposite directions. `iffs•? --0 Q� Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 9 of 99 Drainage Ditch. An artificially constructed open depression,other than a road ditch, which is constructed for the purpose of carrying off surface water. Employee. Any person working on the project mentioned in the contract of which these specifications are a part, and who is under the direction or control, or receives compensation from,the Contractor or subcontractor. Engineer. For the Department, the Engineer is the Chief Engineer. For publicly owned projects,the Engineer is a Professional Engineer licensed in the State of Iowa and authorized representative of the Contracting Authority. For privately contracted projects,with improvements that will become publicly owned, the Engineer is the authorized representative of the public entity ultimately accepting ownership of the improvements. For all other projects,the Engineer is the owner's authonzed representative. The Engineer may act directly or through duly authorized representatives, acting within the scope of the duties assigned to the Engineer,or the authority given the Engineer. Equipment. All machinery and equipment,together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for proper construction and acceptable completion of the work. Extra Work. Work not provided for in the contract, as awarded, but deemed essential to the satisfactory completion of the contract within its intended scope and authorized by the Engineer. Extra work shall not include additional materials, equipment,and labor used due to natural variations in surface and subsurface conditions,except as specifically provided for elsewhere in the contract documents. Foreslope. The sloping surface of an embankment,ditch,or borrow pit of which the downward inclination is away from the traveled way. General Supplemental Specifications. Specifications adopted by the Department's Specification Committee subsequent to the publication of this book. They contain changes to the Standard Specifications and apply to all contracts. Published in April and October each year. Grade Separation. A structure,with its approaches,which provides for highway or pedestrian traffic to pass without interruption over or under a railway, another highway, road,or street. Haul Road. A corridor of land, when so designated in the contract documents,either private or public, of which the right to use is acquired by the Contracting Authority for the purpose of hauling equipment, materials,or machinery either as vehicles or vehicles with loads,where these vehicles or vehicles with loads exceed the provisions of Chapter 321, Code of Iowa,governing size, weight, and load. (Not to be confused with temporary Primary Road haul road.) Independent Contractor. Any person,firm,or corporation who contracts with the Contractor to perform a service for which the basis of payment is in terms of units of service rather than salary or wages. Inspector. The authorized representative of the Engineer assigned to make a detailed inspection of any or all portions of the work,or materials. Institutional Road Project. C-, A project on the institutional road system of highways at any state institution. r.7-47; Instruction to Bidders. See Notice to Bidders. 7t) s! f V C ) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 10 of 99 Intermediate Contract Period. A period of working days shown on the proposal form specifying the time of completion for a specific item or portion of work on a contract. Interstate Project. A Primary project on the Federal System of Interstate and Defense Highways. Includes projects on county and city road bridges over the Interstate. Item. See Contract Item. Joint Bid. A firm proposal submitted by two or more qualified bidders who have been authorized to bid jointly by the Contracting Authority on a specific proposal, in which case bidders will be held individually and collectively responsible for completion of the work involved in any contract resulting from such proposal. Joint Venture. The joining of two or more qualified contractors for the purpose of combining equipment, personnel, and finances in order to submit a bid on a single proposal. Jurisdiction. Political subdivision acting through its governing body or through the authorized representatives of such governing body when so authorized. Jurisdictional Engineer. See Engineer. Laboratory. The testing laboratory of the Contracting Authority or any other testing laboratory which may be designated in the contact documents. Late Start Date. A calendar day shown on the proposal form specifying the latest date on a contract that the Contractor is to commence work. Legal Axle Load. A maximum axle load of 20,000 pounds,as defined in Chapter 321,Code of Iowa. Liquidated Damages. The dollar amount,determined by the Department and set forth in the contract documents,as an estimate of the damage to the Contracting Authority or the public for delay in completion of the work. Lump Sum. The contract amount is complete payment for all work described in the contract documents and necessary to complete the work for that item. Changes in payment will be made for obvious errors or authorized additional work that was not included in the work to be bid by lump sum. Major Item of Work. Any contract item(pay item)for which the original contract amount plus authorized additi9r3 is mot:than 10%of the total original contract sum or$50,000,whichever is less. -47z C c_.. -g f. Manhole. ,7 t See Utility Access. C Materials. " f7''I –7 rn Any substances specified for use in the construction of the project and its appurtenances_:^ Materials Instructional Memorandum (Materials I.M.). • This is an instruction prepared by the Office of Materials.These may identify approved sources of=Various qualities or types of materials, sampling, testing, and approval procedures, and conditions for acceptance and use. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 11 of 99 Maximum Density and Optimum Moisture Content. The term maximum density and optimum moisture content as applied to soil,aggregate,and similar materials shall be construed as the maximum density described in AASHTO T 99,T 134,or T 180, as specified, and the corresponding optimum moisture as defined therein. The test methods will normally be AASHTO T 99, Method C:AASHTO T 134, Method B:and AASHTO T 180, Method C.as modified by the Materials I.M.s. Median. The portion of a divided highway separating the traveled ways for traffic. Mobilization. Preparatory work and operations for all items under the contract documents, including, but not limited to, those necessary for the movement of personnel,equipment, supplies,and incidentals to the project site;for the establishment of all offices, buildings, and other facilities necessary for work on the projects; and for all other work or operations which must be performed or costs incurred prior to beginning work on the various items on the project site. Mobilization may include bonding,permit, and demobilization costs. Need Line. A line or lines within the right-of-way, as shown on the plans or set by the Engineer,to define an area inside which disturbance is expected to complete work on the project and outside which permanent disturbance should be avoided. Notice to Bidders. That portion of the contract documents prepared and furnished by the Contracting Authority for the information of bidders submitting proposals,which notice specifies the provisions,requirements, and instructions pertaining to the method, manner, and time of submitting bids. . Notice to Proceed. Written notice to the Contractor to proceed with the contract work including, when applicable, the date of beginning of contract time. Optionally Combined Proposal. The projects from two or more proposals combined by the Contracting Authority to allow the Contractor to bid all the projects as one contract. Park Road Project. A project on the park road system of highways and roads at any state park. Pavement or Paving. The pavement structure,or the upper surface of a pavement structure,or the materials of which the pavement structure is constructed. Pavement Structure. The combination of subbase, base course,and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. Plans. The final plan, authorized for letting, which includes approved plans, profiles,cross sections,typical cross sections,working drawings, plan notes,standard plans,and supplemental drawings,or exact reprgd9ctions thereof, including modifications, altered plans, revisions, and amendments, which show the location.- character, dimensions,and details of the work to be done. '' Precast Concrete Units. =W Conventionally reinforced(not prestressed)concrete structural units,formed,cast,and ciresevably ty a central casting yard and later moved and incorporated into the finished structure. • '. 1-°•.-^3 tri ' a Prestressed Concrete. j Concrete which is subjected to compressive stresses, after hardening, by means of high strength steel tendons, for the purpose of eliminating or minimizing tensile stresses in the concrete dueid appliedads. Prestressed concrete may be prefabricated in a permanent plant or at the site,or it may be designed to be cast in place. Prestressed concrete may be either pretensioned, in which case the concrete is cast to engage the steel tendons which have been prestressed between fixed anchorages and released after the Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 12 of 99 concrete has hardened,or post tensioned, in which case the steel tendons are cased in the concrete in suitable enclosures to prevent bond and are stressed by jacking and anchoring against the concrete after it has hardened. Primary Project. A project on the Primary Road System of Iowa and extensions thereof in cities and towns. Includes projects on county and city road bridges within an interchange of a Primary road with a county road or city road. Profile Grade. The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal center line of the roadbed. Profile grade means either elevation or gradient of such trace, according to the context. Project. The specific section of the highway together with all appurtenances and construction to be performed under a contract.A contract may involve the work covered by one or more projects. Project Area. The right-of-way between the project limits shown in the contract documents,and additional area which is necessary for the Contractor to place traffic control devices required by the contract documents or necessary to protect the work. Proposal. The offer of a bidder,on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Proposal Form. The form showing the location and description of the proposed work,the approximate quantities of work to be performed or materials to be furnished,the form and amount of the required proposal guaranty, and the contract period.The proposal form will also contain a reference to any special provisions or requirements which are supplemental to the standard specifications. Proposal Guaranty. The security furnished by the bidder with the proposal for a project(s), as guaranty the bidder will execute the contract for the work if the proposal is accepted. Reasonably Acceptable. Reasonably acceptable means acceptance with price adjustment of material or finished work that is incorporated and is not within reasonably close conformity with the contract documents, but at the discretion of the Engineer, it is determined that acceptable work has been produced. This is material or work for which a determination has been made to be accepted and remain in place. Reasonably Close Conformity. Reasonably close conformity means compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances, Without detracting from the complete and absolute discretion of the Engineer to insist upon such working tolerances as establishing reasonably close conformity, the Engineer may accept variations beyond such tolerances as reasonably close conformity where they will not materially affect the value or utility of the work and the interests of the State. Resident Bidder. A person,corporation, partnership, or firm authorized to transact business in this State and having a place of business for transacting business within the State at which it is and has conducted business for at least 6 months prior to the first advertisement for the public improvement and,in the case of a corporation,at least 50%of the common stock or other forms of ownership is owned by residents of this State. Responsive Bid. ,, c A bid submitted by a Contractor which is determined not to be an irregular proposal as definetay Arai e f7 1102.10 and fulfills the good faith effort recruitment requirements in Article 1102.17. C?--; Maloam. rtl Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 13 of 99 Right-of-Way. The land area of which the right to possession is secured or reserved by the Contracting Authority for road purposes. Road. A general term denoting a public way for vehicular travel, including the entire area within the right-of-way. Roadbed. The area of the roadway between the tops of foreslopes. Roadside. The area within the right-of-way and outside the shoulder lines of a roadbed. Roadway. That portion of the right-of-way designed or ordinanly used for vehicular traffic. Secondary Project(Secondary Road Construction Project). A project on the Secondary Road System of Iowa and extensions thereof in cities and towns. Shoulder. That portion of the road bed contiguous with the traveled way for accommodation of stopped vehicles, for emergency use,and for lateral support of base and surface courses. Sidewalk. That portion of the roadway primarily constructed for the use of pedestrians. Skew or Skew Angle. The complement of the acute angle between two center lines which cross. The angular deviation of the axis of a culvert or bridge from a true right angular crossing of a road. Slope. The inclination of a line or surface expressed as a ratio of horizontal distance to vertical distance. Special Provisions. Additions and revisions to the Standard, General Supplemental, Developmental, and Supplemental Specifications covering conditions particular to an individual project. They only apply to a project when noted in the proposal form. Specialty Items. Pay items designated in the contract documents as specialty items: usually minor items requiring equipment, skills, or crafts not ordinanly associated with the major types of work covered by the contract. Specifications. The general term compnsing all the wntten documents, provisions,and requirements to which may be added or adopted Supplemental Specifications, Developmental Specifications,or Special Provisions, all of which are necessary for the proper performance of the contract documents. Specified Starting Date. A calendar day shown on the proposal on which date commencement of work is expected. Speed Limit. Refers to the legally established speed limit before construction and not the advisory speed during construction. Standard Road Plans. A manual of detailed drawings showing standardized design features,construction methods, and approved matenals for repetitive use on Interstate, Primary,and Secondary road construction. Standard Specifications. _`'—, r The requirements contained herein applying to all contracts, and pertaining to the method'a l&mariner of performing the work, or to the quantity and quality of the materials to be furnished under t(igc ntract: — F�_ —f C-) Cl Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 14 of 99 State. The State of Iowa acting through its authorized representative. Station (Metric Station). One hundred linear feet(one hundred meters). Street. See Road. Structures. All objects constructed of materials other than earth, required by the contract documents to be built, or to be removed, but not including pavement, surfacings, base courses, and subbases. Includes bridges, culverts, intakes, drop inlets, retaining walls, cribbing, utility accesses, end walls, buildings, sewers, service pipes, subdrains, foundation drains, and other features which require engrneenng analysis. Subbase. The layer or layers of specified or selected material of designed thickness upon which a base course or pavement is constructed, Subcontractor. Any individual, firm,or corporation to whom the Contractor,with the written consent of the Contracting Authority, sublets any part of the contract. Subgrade. The top surface of a roadbed upon which the pavement structure and shoulders are constructed. Substructure. All of that part of the structure below the bearings of simple and continuous spans, and tops of footings of rigid frames,together with the backwalls,wingwalls, and wing protection railings. SUDAS Standard Specifications. Refers to specifications developed by the Iowa Statewide Urban Design and Specifications Program. Superintendent. The Contractor's authorized representative in responsible charge of the work. Superstructure. The entire structure except the substructure. Supplemental Agreement. Written agreement between the Contractor and Contracting Authority modifying the original contract. Supplemental Specifications. Specifications adopted subsequent to the publication of this book. They involve new construction items or changes to Standard Specifications. They only apply to a project when noted in the proposal form. Generally published in Apnl and October each year. Surety. The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor. Target or Target Value. When a target or target value is specified, a continuous and determined effort is expected to reach and`, maintain that value,as a goal. CD Temporary Primary Road Haul Road. C" (-- .11 r--- Any Secondary public road or city street so designated by the Department in accordance with Chapter 313, Ri Code of Iowa. • I �i•`7 °' t Temporary Structure. =<r�.l -0 Any structure required to maintain traffic during construction of the work and which will beailsiiiantle4:when he work is completed. The temporary structure shall include the earth approaches theretpin'-` c.� Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 15 of 99 Traffic Control Device. As defined in the MUTCD. Traffic Control Zone. The distance between the first advance warning sign and the point beyond the work area where traffic is no longer affected.This does not include work more than 12 feet(3.6 m)from the outside edge of the traveled way. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders. Unacceptable Work(Also Defective Work). Work not in reasonably close conformance with the contract requirements and ordered to be removed and replaced. Unauthorized Work. Work neither contemplated by the contract documents nor authorized by the Engineer, and work done contrary to the instructions of the Engineer. Unit Price. See Contract Unit Price. Utility. Includes all privately, publicly, municipally, or co-operatively owned structures and systems for supplying water, sewer,electric lights,street lights and traffic lights,gas power,telegraph,telephone, communications, transit, pipelines,and the like. Utility Access. An inline structure to allow personnel access and maintenance of underground utilities. Utility Agency. Means and includes: 1)all franchised utilities having utility system facilities with State or local jurisdiction right-of-way,including but not limited to gas electric, telephone,cable television, and communications; 2) communications systems allow by the State or local jurisdiction; and 3)all governmental agencies owning or operating governmental utility systems, including but not limited to water,sewer, traffic control,and communications. Waters of the United States. All waters, impoundments of waters,or tributaries of waters, including but not limited to lakes, rivers, streams, intermittent streams, mudflats, sandflats, wetlands, sloughs, prairie potholes,wet meadows, or natural ponds. Work. Work shall mean the furnishing of all labor,materials,equipment,and other incidentals necessary or convenient to the successful completion of the contract and the carrying out of all the duties and obligations imposed by that contract. Work Area. That portion of the project area in which construction activity is ongoing. Working Day. Any calendar day, exclusive of Saturdays, Sundays, or a recognized legal holiday, on which weather or other conditions(not under control of the Contractor)will permit construction operations to proceed for not less than 3/4 of a normal work day in the performance of a controlling item of work. Working Drawings. - Stress sheets, shop drawings,erection plans,falsework plans,framework plans, cofferdam:plans, bending -,," iiagrams for reinforcing steel, or any other supplementary plans or similar data which the Contractor i5 required to submit to the Engineer for approval. ? 0'1 fj` G) fU CD Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 16 of 99 Section 1102. Proposal Requirements and Conditions 1102.01 COMPETENCY AND QUALIFICATION OF BIDDERS. A. Prospective bidders shall meet the Department's requirements for orequalification. To prequalify, a prospective bidder shall complete the required sections of the "Contractor's Financial-Experience- Equipment Statement'(Form 650004)and submit it to the Department. The filing of this statement does not in itself constitute qualification. A prospective bidder shall receive definite approval of this statement to be placed on the qualified list before the bidder's proposals will be considered. The statement shall be filed with the Contracting Authority at least 5 calendar days before the date on which proposals are to be received. B. In order to continuously remain on the qualified list, a prospective bidder must file Form 650004 with the Department for approval once each year and at such other times as the Department may request. Unless otherwise notified, the previously approved statement will expire 18 calendar months from the date of that statement. The prospective bidder will be dropped from the qualified list if a new statement has not been filed and approved by the expiration date. C. The Contracting Authority will compute the Contractor's maximum prequalification amount based on the following prequalification formula: MAXPREQ•[CURRENT+NONCURRENT+LL]iF Where: MAXPREQ=maximum prequalification amount CURRENT=current assets minus current liabilities NONCURRENT=(non-current assets minus non-current liabilities)/2 if>0 NONCURRENT=(non-current assets minus non-current liabilities)if<0 LL=approved authorization to loan letter F =experience factor D. The Contracting Authority will qualify Contractors into three categories: 1. Individually Prepared Statement. a. An Individually Prepared Statement is a "Contractor's Financial-Experience- Equipment Statement"that has been completed by the prospective bidder. If the statement has been compiled by a CPA. but does not contain a CPA review or audit of the financial portion of the statement, it is still considered an Individually Prepared Statement. b. When an Individually Prepared Statement is submitted to the Department, an experience factor(F)of 1.0 will be used in the prequalification formula. Regardless of the formula calculations, however, the maximum prequalification amount can not exceed $100,000. 2. CPA Reviewed Statement. a. A CPA Reviewed Statement is a"Contractor's Financial-Experience- Equipment Statement'that includes a current CPA review of the financial portion of the statement. The review must be completed by a CPA who is either registered to practice in Iowa or registered in another state having reciprocal arrangements with Iowa. b. When a CPA Reviewed Statement is submitted to the Department, an experience factor (F) ranging from 0.0 to 12.5, depending on the prospective bidder's past performance with projects let by the Department, will be used in the prequalification formula.A prospective bidder, who has been qualified to submit proposals with this type of statement, shall be limited to individual proposal sizes that do not exceed the lesser of$1 million or the.`: maximum prequalification amount minus the bidder's amount of uncompleted work-- _ currently under contract.Any combination of proposals, however, may total more than -- •p $lmillion-as long as that total does not exceed the maximum prequalifioatlon.amptt minus the currently uncompleted work. C- _ ► r- -'t f a! - N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 17 of 99 3. CPA Audited Statement. a. A CPA Audited Statement is a "Contractor's Financial- Experience- Equipment Statement"that includes a current CPA audit of the financial portion of the statement. The audit must be completed by a CPA who is either registered to practice in Iowa or registered in another state having reciprocal arrangements with Iowa. b. When a CPA Audited Statement is submitted to the Department, an expenence factor(F) ranging from 0.0 to 12.5, depending on the prospective bidder's past performance with projects let by the Department, will be used in the prequatification formula.A prospective bidder, who has been qualified to submit proposals with this type of statement, shall be limited to work that does not exceed the maximum prequalification amount minus the bidder's amount of uncompleted work currently under contract. However, a prospective bidder shall be considered to have an "Unlimited" bidding capacity with the Department if they were awarded over$50 million of work(including that from other Contracting Authorities)during their past fiscal year and have a prequaltfication limit, by the formula, over$100 million. E. A prospective bidder must complete contract work in the following categories in excess of the quantities listed below before qualification to submit proposals or receive awards for projects involving larger quantities than those listed.The contract work may be done as a contractor or subcontractor. All such completed contract work will be combined into one total for each category to determine the bidder's qualifications. PCC Pavement Square Yards(Square Meters) 100,000(100,000) Grading Cubic Yards(Cubic Meters) 500,000(400,000) Bituminous Pavement Tons(Megagrams) 50,000 (50,000) Bridges $200,000 Culverts $100,000 Other classes of work No Fixed Maximum F. In all cases a bidder will be restricted to a specific dollar volume of contracts within reasonable limits of the bidder's ability to properly finance, equip,and perform the work within the specified contract period. G. The necessary forms and instructions for furnishing the"Contractor's Financial-Experience- Equipment Statement"will be supplied by the Contracting Authority upon application. H. For proposals involving only the furnishing of materials,granular surfacing, lighting,buildings. asbestos removal, salvage and removal,wells, traffic signals, pavement marking, or mowing, the following shall apply in lieu of the above requirements of this article: Bidders submitting proposals must be recognized contractors engaged in the class of work provided for in the contract documents, and must possess all necessary licenses, certificates and resources to complete the work. Before the contract is awarded to a bidder,the bidder may be required to furnish evidence to the satisfaction of the Contracting Authority of the bidder's ability to perform and complete the contract. 1102.02 REDUCTION IN BIDDER QUALIFICATION RESTRICTIONS. A. The requirements and conditions for bidder qualification as contained in Article 1102.01 may be reduced by the Contracting Authority either for contractors who have well established performance records in other fields or for contractors having adequate financial responsibility and expeneh62d supervisory personnel available for the work that is under consideration or for both:the above_ reasons. B. Likewise, the requirements may be modified by the Contracting Authority for newlylprmed oar reorganized firms or corporations whose basic organization is composed of individuals whaar;e r"" veterans of the construction industry,with proven records of satisfactory performance in the field in Rl C3 Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 18 of 99 which they have elected to bid, provided, however, that they have adequate financial responsibility, equipment, and available experienced supervisory personnel. 1102.03 IMPOSITION OF INCREASE IN BIDDER QUALIFICATION REQUIREMENTS, SUSPENSION, AND DISQUALIFICATION. A. The requirements and conditions for bidder qualification in Article 1102.01 may De imposed, reimposed, or increased, or a contractor may be suspended or disqualified. 1. The requirements and conditions for bidder qualification of a contractor may be imposed, reimposed, or increased if or when: a. The Contractor senously delays commencement or completion of any work within the contract period or any extension thereof under circumstances that would normally give rise to a right in the Contracting Authonty for liquidated damages or declaration of default, or b. The Contractor does any act or omits doing or performing any act which, in the judgment of the Contracts Engineer, evidences a material change in the Contractor's financial responsibility or work capability where, in the judgment of the Contracts Engineer, the same will matenally prejudice the Contractor's ability to successfully prosecute such public improvement contracts,or the Contractor knowingly submits false information on the "Contractor's Financial-Experience- Equipment Statement"(Form 650004)or "Certification of Uncompleted Work Under Contract"(Form 650022)or other information concerning prequalification, or c. The Contractor takes or fails to take any action which the Contracts Engineer deems to warrant an imposition of increase in bidder qualification requirements. 2. A contractor may be suspended from bidder qualification if or when: a. The Contractor continually fails or refuses to remove and replace materials or work found by the Engineer not to be in reasonably close conformity with the contract documents or to correct such matenal or work so as to cause such matenals or finished product to be reasonably acceptable work, or b. The Contractor continually and, in the judgment of the Contracts Engineer, without good cause therefore, fails to carry on the work in an acceptable manner or refuses to comply with a wntten order of the Engineer within a reasonable time, or c. The Contractor fails to perform with its own organization the work as required in Article 1108.01, or otherwise assigns or disposes of work or the contract or any part thereof without approval of the Contracting Authority, or d. The Contractor forfeits a proposal guaranty and fails to enter into the contract upon an offer of award by the Contracting Authority in response to a prior advertisement for bids for the same project or any combination of projects involving the project for which award is currently being considered, or e. The Contractor fails to comply with Equal Employment Opportunity/Affirmative Action requirements of the contract,or f. The Contractor fails to pay the subcontractor progress payments and retainage as required by Article 1109.05. or g. The Contractor continually takes actions,or continually fails to take actions, which present safety concerns for the Contracting Authority or the general public,or h. The Contracts Engineer deems a suspension is appropnate for reasons stated in Paragraph 1 above. A suspension is intended to be for an indefinite period of time or, in the case of Paragraph d. for a specific project.A suspension shall continue until the Contractor resolves, to the satisfaction of the Contracts Engineer, the problem for which the suspension was made.) cz 3. A contractor may be disqualified from bidder qualification if or when: a. The Contractor is currently debarred oy some other state or Federal age�jr c} or b. The Contractor subcontracts, employs,or otherwise uses services,forIR )f the=: Contracting Authority,of one who is debarred by the Contracting Authoi4r 07 dis,;alifiedv,,, according to Article 1102.03, A, 3, a, except to fulfill agreements for wo4ftexisTirtig contracts, or r--1 q fV .C— Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 19 of 99 c. The Contractor is convicted of or pleads guilty or nolo contendere(no contest)to a charge of engaging in any conspiracy,combination,or other unlawful act in restraint of trade or of similar charges in any Federal court or a court of this or any other state, or d. The Contractor has offered or given gifts or gratuities to employees of the Contracting Authonty in violation of State law or has had as an employee a person who was at that time also an employee of the Contracting Authority,or e. The Contractor has falsified documents or certifications,or has knowingly provided false information to the Department or the Contracting Authority, or f. The Contracts Engineer deems a disqualification is appropriate for reasons stated in Paragraph 1 or 2 above. B. A disqualification is intended to be for a specified time.A disqualification will not exceed 36 months. C. The Contracts Engineer will issue a written notice of any intent to disqualify or suspend a contractor,except when suspended for a specific project according to Article 1102.03.A, 2, d. D. Should the Contractor believe that the increase in bidder qualification requirements, intended suspension, or intended disqualification is based on false, biased,or incomplete information or that the increase or intended action is severe or unwarranted, the Contractor may make a written request to the Contracts Engineer for an opportunity to be heard in a contested case pursuant to Chapter 17A, Code of Iowa,and 761 IAC, Ch. 13. If notice is given,the written request for a hearing shall be filed with the Contracts Engineer within 10 calendar days of receipt of the notice of intended agency action. If the basis of the intended disqualification is a criminal violation which is reasonably related to bidding and contracting procedures, the intended disqualification may be applied to the organization, including a person, firm, association, partnership,or corporation,to an affiliate,officer, representative, or employee thereof, and to any other such organization in which the organization or affiliate or the officer, representative, or employee has an interest as either officer or owner. E. When a notice is given or when any action is contested,the Contracts Engineer will issue a notice of the final action taken. 1102.04 CONTENTS OF PROPOSAL FORMS. A. Bidders will be furnished with proposal forms showing the location and description of the proposed work, the approximate quantities of work to be performed or materials to be furnished, the form and amount of the required proposal guaranty,and the contract period. The proposal form will also contain a reference to any special provisions or requirements which are supplemental to the standard specifications. B. The statement, "By virtue of statutory authority preference will be given to products and provisions grown and coal produced within the State of Iowa where applicable,"which is on the bidding document shall not be applicable to contracts involving Federal-aid participation in construction. C. If a predetermined wage is shown on the proposal form, it will apply to all labor used on the project. This will include labor used in the production of aggregate, HMA, and ready mix PCC which is not produced in a commercial plant. The rulings of the U.S. Department of Labor will be used in determining what is a"roadside plant"where the predetermined wage will apply and a commercial plant where the predetermined wage will not apply. Do not use composite crews for bridge and culvert work. Pay applicable prevailing wage rate for the classification which the employee is performing work. D. The following bidding and letting regulations shall apply to all proposals for which the Department receives bids(includes projects on Interstate, Primary, urban, park and institutional roads,a'rm-to- market,and local county systems). 1. Contractors will be permitted to bid on proposals amounting in total to three:tlatEstheF d adjusted prequalification rating(prequalification rating minus uncompleted cgtltracts). t ;;"� = C,,) IV O Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 20 of 99 The adjusted prequalification rating will be determined at each letting, taking into consideration he amount of work under contract,equipment and personnel available, and construction periods, etc. Approvals for award of contracts will not exceed any contractor's actual adjusted prequalification rating. 2. Contracts will be recommended for approval for award on the basis of the greatest total savings in the public interest. The determination of which proposals to be awarded will be based on the approval by the Department and even if the selected bids are later rejected by other contracting agencies, other projects will not be substituted. 3. Contractors will not be permitted to tie proposals or to designate on the bidding proposal the limit of the amount they will accept.Contractors may voluntarily lower their prequalification rating provided written request is on file at the Office of Contracts, Iowa Department of Transportation, Ames, Iowa, by noon of the working day prior to the letting. 1102.05 ISSUANCE OF PROPOSALS. Requests for proposal forms to bid construction and maintenance contracts must be filed by noon of the 'working day pnor to the letting. These requests should be on the request form provided by the Department. Unless otherwise specified,proposal forms will be furnished to qualified bidders who have filed properly completed"Certification of Uncompleted Work Under Contract"forms(Form 650022)with their request. Any contractor knowingly submitting any false information required by Form 650022 may be suspended from bidding as provided in Article 1102.03. 1102.08 NONSEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERAL-AID SUBCONTRACTORS AND MATERIAL SUPPLIERS. Certain requirements concerning nonsegregated facilities may be applicable to prospective subcontractors and material suppliers for Federal-aid projects. These are in the contract documents. 1102.07 ESTIMATE OF QUANTITIES. A. The Proposal form will contain a Schedule of Prices that lists the items of work on the project(s). The Schedule of Prices,which shall be completed and submitted by each bidder, will be used for companng bids for award of the contract. B. Contract items listed in the Schedule of Prices will be either Unit Price of Lump Sum. C. The contract documents may also include a list of items that are noted as incidental. Incidental work is normally minor in scope and is clearly described in the contract documents.The cost to complete incidental items shall be included in the contract unit price bid for the item to which they are listed as incidental.Additional payment will not be made for incidental items unless there are obvious errors or changes to the quantity of the incidental item. An item of work,normally paid for separately,and not listed in the contract documents as incidental,will be paid for in accordance with Article 1 109.03, B. 1102.08 EXAMINATION OF PLANS,PROPOSAL FORM, SPECIFICATIONS,AND SITE OF WORK. It is the responsibility of the bidder to examine the plans, proposal form, Specifications, Supplemental Specifications. Developmental Specifications, Special Provisions, the site of the work, and the state of the work of other contractors on the project to assure that all requirements of the proposal form and the plans are fully understood. It is the bidder's responsibility to understand the nature of the work and all reasonably ascertainable conditions which may affect performance under the contract. The Contracting Authority does not warrant, implicitly or explicitly, the nature of the work, the conditions that will be encountered by the bidder, or the adequacy of the contract documents for the Contractor to perform the work. 1102.09 PREPARATION OF PROPOSALS. C_l A. Only contractors who have been authorized to bid a proposal may submit a bid for a contract. For bids submitted to the Department that exceed$1 million, the bidder shall use subpafagrapl or nsubparagraph 3 below. The Department may wave this requirement for unique or-i otated situations. rn -7D 0-1 �T) rV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 21 of 99 1. Submit the signed, onginal Bidding Document furnished by the Contracting Authority with a Schedule of Prices from the Estimating Proposal. 2. Submit the signed,original Bidding Document furnished by the Contracting Authority with the computer printout and diskette of the Schedule of Prices from the bidding software furnished by the Department. 3. Submit an electronic bid with digital signature using the bidding software furnished by the Department and the electronic bid submittal procedures of the Department. B. The bidder shall be familiar with the requirements of the applicable specifications. The bidder shall specify a unit price in figures of dollars and cents for all pay items, except for Lump Sum items where the proposal line item bid amount must be shown.All the unit once figures shall be in ink, typed, or computer printed. The bidder may also specify the extension for each proposal line item and or the total amount of the bid. However, if there is a discrepancy between the unit bid prices, extensions,or total amount of bid,the unit prices shall govern. The bidder shall not alter the quantity, unit price, or the extension which has been provided for items which have been predetermined by the Contracting Authority. C. If the proposal is made by a partnership or corporation, the name of the partnership or corporation, its agent, and its pnncipal place of business shall be shown. The proposal shall be signed by an authorized agent of the partnership or corporation. D. If the proposal is made on the basis of a joint bid,the proposal shall be signed by each of the joint bidders, unless the firms submitting the joint venture have a written request on file with the Department signed by each of the bidders which states the individual(s)who are authorized to sign the bidding documents for the joint venture. E. By signing and submitting the proposal, the bidder: 1. Acknowledges the bidding requirements included in the bidding documents, 2. Agrees to perform all work that is necessary to complete the proposed work in the time specified. Work not covered by proposal will be paid for according to Article 1109.03, 3. Certifies compliance with the provision of the Code of Iowa listed in the bidding documents. 4. Gives an unswom declaration on behalf of each person, firm,association, partnership, or corporation submitting a proposal, certifying that such person, firm, association, partnership, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion,or otherwise taken any action in restraint of free competitive bidding in connection with such contract, and is not under debarment currently by the Federal government for a criminal violation which is reasonably related to bidding and contracting procedures, 5. For Federal-aid contracts, certifies acknowledgment of the limitations of lobby activities shown in the bidding documents, and 6. For Federal-aid contracts,certifies the bidder does not maintain segregated facilities. F. Cooperation and coordination will be required of all contractors and other agencies authorized to do work in the project area. C-> G. The attention of the bidder,for the work covered by a proposal and referred to as this worias directed to the fact that contracts for work other than the work covered in this proposal mepave «Iq been awarded, are being advertised for letting on the same date as this work, or maybe awarded 1 in the future. ;_ C) Ol Q H. Completion of work covered by this proposal may be contingent upon certain work covered by other contracts being performed on the project in advance of this work; likewise,completion aof wo ka covered by other contracts may be dependent upon completion of work covered bythis pro osal.."-i ry Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 22 of 99 I. The proposal will list types of work involving other contracts anticipated to be let on the same letting date or sometime within the contract penod anticipated for this work. The contract documents will also list other governmental agencies, railroads, utilities, or other parties who will have work with which it is known that this work must be coordinated. J. The bidder is expected to become familiar with work already in progress or previously let on this project,the contract periods, the progress being made, and any other conditions regarding that work which may affect the bid or the bidder's performance under this contract. K. The bidder on this work acknowledges these facts and agrees that it is in the public interest to have the work of certain contracts and agencies performed concurrently rather than consecutively. The bidder further agrees to cooperate and coordinate the work with that of other contractors or agencies to the mutual interest of all parties doing work in the project area, whether by contract with the State, County.or City or necessary work being done by governmental agency or utility force. L. By the submission of a bid on this work,the bidder acknowledges and agrees that investigation and inquiry has been made regarding the contracts for work with which this work must be coordinated. M. In the event disputes arise between contractors or other agencies, or both, doing work on the project as to their mutual rights or obligations, the Contracting Authonty or its authorized representative will,when requested to do so or the Contracting Authority's own motion, act as referee and define the rights of all interested parties with regard to the conduct of the work, which decision shall be final as provided in Article 1105.01. N. If a prospective bidder, for a proposal for which the Department is accepting bids, is in doubt as to the true meaning of any part of the contract documents, the bidder may submit to the Contracts Engineer a request for additional information, explanations, or interpretations. Interpretations may be in the form of an addendum to the contract documents. The Contracting Authority will not be responsible for any information, explanation,or interpretation from any other source. 1102.10 IRREGULAR PROPOSALS. Proposals will be considered irregular and may be rejected for any unauthonzed changes in the proposal form or for any of the following reasons: A. If on a form other than that furnished by the Contracting Authority,or if the form is altered or any part thereof is detached, B. If there are unauthorized additions,conditional or alternate bids, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning, C. If the bidder adds any provisions reserving the right to accept or reject an award because of being low bidder on another proposal in the same letting, D. If the bidder adds any provisions reserving the right to accept or reject an award or to enter into contract pursuant to an award, E. If a bid on one proposal is tied to a bid on any other proposal, except as specifically authorized on the proposal form by the Contracting Authonty, F. If the proposal does not contain a unit price for each pay item listed, except in the case of authorized alternate pay items. 1102.11 PROPOSAL GUARANTY. A. Each proposal shall be supported by a proposal guaranty in the form and amount prescribed in the proposal. Bids not so supported will not be read. • B. The proposal guaranty shall be in the form of a certified check or credit union certified shard draft, cashier's check, money order, or bank draft drawn on a solvent bank or credit uttiert-Certtfi;4d checks or credit union certified share drafts shall bear an endorsement signed byja[esporiiible official of such bank or credit union as to the amount certified. Cashier's checkss--rrKey 841ers, ter, r r r W E Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 23 of 99 bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidders authorized agent. Certified checks and credit union share drafts shall be certified,or the cashiers check shall be drawn and endorsed, in an amount not less than prescribed in the proposal. C. A"Contractors Bid Bond" (Form 650001)may be used for the proposal guaranty in lieu of that specified above. Bid bonds will be declared invalid and bid proposals will not be considered if any of the following items are omitted or incorrect: • Date of Letting • Bid Order Number • Name of Contractor • Original Signature of Contractor. In case of joint venture bid, all contractors must sign. • Name of the Surety Company • Original Signature of Surety(if Surety's limitation is less than the amount of the bid bond, a certificate of reinsurance must be attached). D. A Contractors Annual Bid Bond(Form 650043)may also be used for the proposal guaranty in lieu of that specified above.The Annual Bid Bond shall contain the following items: • Name of Contractor • Original signature of the Contractor • Date of signature • Name of Surety Company • Original signature of the Surety 1102.12 FILING OF PROPOSAL. A. The proposal, proposal guaranty,and other supporting documents for each proposal shall be filed in an envelope,which is marked to indicate its contents.All proposals shall be filed with the Contracting Authority at the place designated in the notice to bidders, prior to the time advertised for opening of bids. Proposals received after the time of opening bids will be returned to the bidder. B. The Contracting Authority may take bids on the same project as an individual proposal or part of an Optionally Combined Proposal. When an Optionally Combined Proposal is designated, the consideration for award of contracts will be based on which of the following gives the lowest total cost: 1. The sum of the lowest responsible bid on each of the individual proposals. 2. The lowest responsible bid on the Optionally Combined Proposal. 1102.13 WITHDRAWAL OF PROPOSAL. The bidder will be permitted to withdraw their proposal under one of the following three conditions: A. The bidder may withdraw a proposal unopened if such a request is made in writing and received at the Department prior to the time specified in the advertisement for receiving bids.A proposal so withdrawn may be resubmitted as long as it is resubmitted prior to the deadline for receipt of bids. B. If, after bids are open, the low bidder should claim a serious error in the preparation of the bid, and can support such a claim with evidence satisfactory to the Department, the bidder may be permitted to withdraw the bid and the bid guarantee may be returned. In such an event, action on the remaining bids will be considered as if the withdrawn bid had not been received. Under no circumstances will the bidder be permitted to alter the bid after the bids have been openeU The Department will keep the bidder's proposal guarantee unless the bidder satjsfirtts,all fur of they..,, following conditions: - i na•r 1. The mistake must be a clencal mistake as opposed to a mistake involving p erAdgrt Y� concerning a construction process. The bidder must be able to produce bidpration e documentation to show how the clerical error occurred. - f.Z D = ' a DCF_."".a c W d Q Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 24 of 99 2. The bidder must immediately notify the Department as soon as the error is observed. 3. The scope of the mistake must be significant. The size of the mistake when compared to the overall project must be significant enough to cause major financial difficulties if the bidder is forced to complete the project at the pnce quoted. 4. The Department should not be placed in a worse position than if the bid had never been submitted. C. The bidder may withdraw their bid from consideration if a contract has not been offered them within 30 calendar days after the letting and the bidder has not requested approval for award be deferred. 1102.14 PUBLIC OPENING OF PROPOSALS. Proposals will be publicly opened and read at the time and place stipulated in the notice to bidders. 1102.15 FOREIGN CORPORATIONS. A. Before entering into a contract involving construction or maintenance work, corporations organized under the laws of any other state shall file with the Contracting Authority a certificate from the Secretary of State of the State of Iowa showing that they have complied with all of the provisions of Chapter 490, Code of Iowa, governing foreign corporations. For contracts involving only the furnishing of materials, the foregoing requirement does not apply. B. When a contract not involving Federal-aid participation for a public improvement is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country. The preference is equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. C. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. D. Any joint venture that includes a nonresident bidder will be considered nonresident,and the preference rule will be used. 1102.16 INCOME TAX DEDUCTION ON NONRESIDENT CONTRACTORS. Each nonresident person or firm doing business as an individual and each nonresident co-partnership will be required, as precedent to receiving an award, to file a certificate issued by the State Tax Commission, as provided in Section 422.17. Code of Iowa,releasing the Contracting Authority from withholding any and all sums required by the provisions of Section 422.17, Code of Iowa. 1102.17 DISADVANTAGED BUSINESS ENTERPRISES. A. General. 1. All contractors shall pursue affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises in all Federal-aid projects let by the Department,as set forth in this specification which is imposed pursuant to 49 CFR Part 26 Subpart A through F and Public Law 105-178, 112 Stat. 107 which supersedes all existing minority business enterprise regulations. orders, circulars, and administrative requirements concerning financial assistance programs that the United States Department of Transportation has issued. 2. The requirements set forth in this specification shall constitute the specific affirmative action requirements for project activities under this contract insofar as DBEs are concerned.'ll? B. Disadvantaged Business Enterprise Policy. The Contractor shall accept as operating policy and include in all subcontract agreerrtents`ttie f) following statement which is designed to promote full participation of DBEs as supplis+s any subcontractors through a continuous, positive result-oriented program on contracts let by the Department: r r-t r Qom- C) D Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 25 of 99 "The Contractor, subrecipient, or subcontractor shall not discriminate on the basis of race. color,national origin,or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract,which may result in termination of this contract or such other remedy as the Contracting Authority deems appropnate." C. Contractor's Affirmative Action Responsibilities. The Contractor shall designate a responsible person or company official to serve as its DBE Liaison Officer. The DBE Liaison Officer shall: 1. Have the necessary statistics, funding, authority, and responsibility to carry out and enforce the intent of the firm's DBE policy and shall be responsible for developing, managing, and implementing the program on a day-to-day basis. 2. Use the current Directory of Certified DBEs to identify potential material suppliers and contractors. 3. Make every reasonable effort to involve DBEs in the performance of contracts, as suppliers and subcontractors, by soliciting quotations from the DBEs and incorporating them into the firm's bid. 4. Advise the Contracts Engineer of any known DBE not included in the current Directory of Certified DBEs. 5. Make every reasonable effort, at least 2 weeks poor to the time pnces and quotations are to be submitted, to establish systematic written and/or oral contact with those DBEs that have been determined to have necessary potentials and capabilities to furnish needed materials and perform necessary work to be subcontracted. 6. Provide or arrange to assist certified DBEs with obtaining necessary bonding,analyzing plans and specifications, planning and managing work, and by providing other technical assistance. 7. Maintain complete records of negotiations with DBEs to reach agreeable prices, quotations, and work schedules. 8. Ensure that regularly scheduled progress payments are made to DBEs as required by the Iowa Code and the Standard Specifications. 9. Report to the Department all suspected instances of firms fraudulently claiming to be DBEs. D. Counting DBE Participation Toward Meeting Goals. I. The Contractor may count toward the goals only expenditures to DBEs that perform a commercially useful function towards the completion of a contract, including those functions as a subcontractor. Work performed by a DBE firm in a particular transaction may be counted toward the goal only if the Department determines that it involves a commercially useful function. The work performed by the DBE firm shall be necessary and useful to the completion of the contract, and consistent with normal highway construction industry practices in Iowa. 2. The bidder may count the following DBE expenditures towards the DBE commitment: a. Projects where the DBE Is the Prime Contractor-The portions of the contract to be completed by certified DBE firms will be counted toward meeting the goal. Items of the contract subcontracted to non-DBE firms will not be counted in the commitment. b. Portions of a bid from a Joint Venture-A bid from a joint venture, between a DBE and non-DBE Contractor shall include a"Statement of DBE Commitments"(Form 1(2. 15), which is included in the bidding documents and in the computer software.providecby the Department, listing the dollar value of the contract which will be completed by the DBE partner. - c. DBE Subcontractors-The DBE subcontractor shall assume actual and i b itractnal responsibility for provision of materials and supplies, subcontracted wod(,of otrtdr, commercially useful functions of the items of work subcontracted to thr.Cost of fT1 1'r� N O Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 26 of 99 materials purchased from or the cost of equipment leased from the Contractor will not count toward the project DBE commitment. d. Manufacturers- The Contractor may count toward the DBE commitment 100%of its expenditures for materials and supplies required under a contract and obtained from a DBE manufacturer only if the DBE firm produces and supplies goods manufactured from raw materials or substantially alters them before resale. e. Regular Dealers(e.g. Material Suppliers)- The Contractor may count toward the DBE goal 60%of its expenditures for materials and supplies required under a contract and obtained from a DBE regular dealer only if the DBE firm performs a commercially useful function in the supply process. For purposes of this section,a regular dealer is a firm that owns; operates;or maintains a store, warehouse,or other establishment in which materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business.To be a regular dealer, the firm shall engage in, as its principal business and in its own name,the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns or operates the distnbution equipment. If the DBE supplier does not own the distribution equipment, an acceptable lease containing the terms of the agreement shall be available. The Department may request a copy of this lease. f. Brokers and Packagers-Brokers and packagers will not be regarded as regular dealers within the meaning of this section. Only the cost of the service performed may be used towards meeting the DBE commitment. g. Transportation or Hauling of Materials-If a DBE trucking company picks up a product from a manufacturer or regular dealer and delivers the product to the Contractor, the commercially useful function performed is not that of a supplier, but that of a transporter of goods. Unless the DBE company is itself the manufacturer or a regular dealer in the product, credit only will be allowed for the cost of the transportation service. For transportation of matenals by truck to be used toward meeting the DBE commitment, the following shall apply: 1) The DBE shall be responsible for management and supervision of the entire trucking operation that is to count toward the commitment. The DBE shall maintain strict records to venfy the amount of hauling done by each trucker. These records shall be available to the Engineer, upon request. 2) The Office of Contracts will maintain a truck roster for each DBE that performs trucking. Each truck on the truck roster shall be either owned by the DBE or controlled by the OBE under a lease. Trucks that are leased shall be from a firm that is in the commercial leasing business: the owner of the commercial leasing business can not be a heavy-highway contractor. The DBE firm shall make available to the Department the lease agreement if requested. 3) To meet the DBE commitment,the following conditions shall be used: a) At least one fully licensed, insured, and operational truck, listed on the truck roster under the DBE trucking company shown on the Form 102115, shall be hauling on the project at all times. The Contractor will receive credit for the fee paid to the OBE for these trucks. b) Any truck on the truck roster of another DBE may be used. There is no limitation to the number of these trucks that can be used. The Contractor will receive credit for the fee paid to the DBE for these trucks. c) A DBE trucker may also use trucks from a non-DBE firm, including an owner operator. The Contractor will receive credit toward the DBE commitment only for the fee or commission retained by the DBE trucker. The Contractor will not receive credit for the total amount paid for the truck because the DBE was a essee rather than the actual provider of transportation services. h. Other Commercially Useful Functions- The fees paid to certified DBE firms which is necessary for the completion of the contract and commonplace outside of the DBE program may be counted towards the commitment. Interpretations by the Department regarding participation of DBEs wiu-Be-i acca rdance-„7 with 49 CFR, Part 26 Public Law 105-178, 112 Stat.107. y� - I 1 ` )- . f= «� E. Contract Award Procedures. — c� �" The proposal will specify if the proposed contract has an established DBE goalor has no established DBE goal. The established DBE goal will be shown on the proposALara pent o t 'y .t- Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 27 of 99 total amount bid. The bidder may only use work on the federal aid projects on the proposal to achieve the DBE goal. The proposal may also designate the items of the federal aid project that are over utilized by DBE firms and can not be used for DBE commitments. 1. Bidder's Responsibility. It is the bidder's responsibility to determine the level of professional competence and financial responsibility of any proposed DBE subcontractor. The bidder shall ascertain that the proposed DBE subcontractor has suitable expehence and equipment to perform a commercially useful function for work that is common industry practice in the Iowa highway construction industry. Subcontractor expenditures,which may be counted towards the DBE commitment, will include DBE trucking, purchase of materials from a DBE manufacturer or supplier,or off-site services provided by a certified DBE firm. 2. Proposals with Established Project DBE Goals. a. For proposals with established project goals the bidder will be required to complete Form 102115. b. The bidder shall list the following information on Form 102115 that is submitted with their bid: 1) Certified DBE firms contacted, 2) Date that each DBE firm was first contacted concerning quoting on the proposal to be bid, 3) Whether each DBE firm submitted a quote on the proposal to be bid, 4) If the DBE firm is being used as part of the bidder's DBE commitment, 5) If used as part of the bidder's DBE commitment, the work items on the contract for which the OBE will be used, 6) If used as part of the bidder's DBE commitment, the"Amount To DBE"which has been committed to each DBE firm which will be used on the contract, 7) If the DBE firm is being used as a supplier(in which case,only 60% of the dollars paid to the DBE firm will count toward the OBE commitment), and 8) The"DBE Commitment"of each DBE firm which will be counted towards the total DBE commitment for the contract. c. In cases where the required information is included on the form, but where discrepancies occur, the Office of Contracts will make the following calculations to determine the Contractor's DBE commitment. The DBE dollar commitment will be the sum of the amounts listed in the"Amount to DBE"column,adjusted for suppliers as provided in the specifications. The percent of DBE participation will be the DBE dollar commitment as determined above, divided by the total contract amount as defined by Article 1102.09. Each bidder's DBE participation commitment will be calculated to the nearest 0.1%. If two or more projects are combined on one proposal, the DBE commitment will be calculated using the sum of the DBE dollar commitments and the sum of the project totals. d. The completed form shall be filled out in ink or be computer generated and submitted with the bidding documents. Failure to attach this completed form or submitting incomplete forms will cause the bid to be rejected as irregular, in accordance with Article 1102.10. Only DBE firms listed in the Directory for the current letting may be used. 3. Bidder Selection. a. The successful bidder will be selected on the basis of having submitted the lowest responsive bid. Bidders shall make a Good Faith Effort to achieve the DBE goal in order to be responsive. Contractors who meet or exceed the proposed contract goal will be assumed to have made Good Faith Effort to utilize DBE firms. DBE firms who bid as prime contractors will be considered to have met the goal. b. The Department's process used to judge the Good Faith Effort of a bidder who has not met the established DBE goal is as follows: 1) 80%of the Goal. A bidder who has achieved 80%of the established goal will be assumed to have made Good Faith Effort to achieve the goal. 2) 80%of the Average Commitment. ^� The Department has established the following objective measurement of Goaith Effort. Good Faith Effort will be determined by calculating 80%of the.average-of the percentages of the goal and the DBE commitments submitted by all bidders Satisfying T1 Article 1 103 01, and comparing the percent of DBE commitment of eabR-biddecto Y C1 = fV CD Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 28 of 99 percentage average. The following example shows how the Department will compute the average DBE participation: a) Only that amount of a bidder's DBE commitment that does not exceed the established goal will be used. b) The amount of the goal will be used as the DBE commitment amount from DBE bidders who are bidding the project as the prime contractor. c) The commitments to DBE firms who are affiliates of the bidder will not be included in the calculation. d) The project DBE Goal will be included in the computation. Example: 80%of the Average Good Faith Effort calculation Project Proposal has a 10%Goal for DBE participation = 10 0% Contractor'A'submits a commitment of 11.8% = 10.0% Contraolor"B"submits a commitment of 7 0% = 7.0% Contractor"C"submits a commitment of 11.4% (of which 4.0%was committed to a DBE affiliate) =7.4% Contractor"D"submits a commitment of 3.6% =3.6% Contractor"E"is a DBE = 10.0% Sum of Commitments =48.0% Average DBE Commitment =48.0/6 =8.0% 80%of the Average Commitment=80%of 8.0 =6.4% Contractors"A","C", and"E"would all be responsive for meeting the DBE goal. Contractor"B"would be responsive for meeting 80%of the Average DBE Commitment. Contractor"D"would not be responsive for meeting 80%of the Average DBE Commitment. Should the low bidder's DBE commitment be lower than 80% of the average, with the contract goal included in the calculation, that bidder will be considered non-responsive for Good Faith Effort to meet the project DBE goal. If the lowest bid is non-responsive due to lack of Good Faith Effort, the next bidder is compared to this 80%of the average commitment until a bidder is identified as having made a Good Faith Effort to achieve the DBE goal. 431 Contractors with History of Utilizing DBEs. al ad A bidder who has demonstrated their ability to utilize DBE firms on both Federal-aid and non-Federal-aid projects let by the Department in the 24 months prior to the letting will be assumed to have made a Good Faith Effort to achieve the project goal. bj b$The Department's objective evaluation of prior usage of DBE firms will include all contracts let by the Department that were awarded to the Contractor during the 24 months prior to the letting. The calculation will include the sum of the following: 14(#I One point for each percentage of average DBE subcontracted dollars for the 24 months prior to the letting (e.g.an average 7.5%dollars subcontracted to DBE equals 7.5 points) (�An additional point for each percentage of usage of DBE firms who meet the emerging small business requirements during the reviewed period(e.g. 1.5 points if 1.5% of the work is subcontracted to DBE firms meeting the small business requirements) A contractor under consideration for having a history of utilizing DBE firms must have been awarded at least two contracts during the period being reviewed. A contractor under consideration for having a history of utilizing DBE firms must have been awarded a dollar amount of contracts that exceed at least twice the dollar artlj7unt of the contract under consideration. For example, to be awarded a $1,00000 contract, the contractor under review would have to have been awarded $2,000,000*thh Anf3ual Good Faith Effort calculation. _ c e Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 29 of 99 The Annual Good Faith Effort points used for a letting would be based on the signed contractors and Request for Subcontract forms submitted by 5 calendar days before the letting. The number of points a contractor will need to be considered to demonstrate a history of utilizing DBE firms must exceed 67%of the Department's Annual DBE Goal (e.g. if the Department's annual DBE Goal is 7.8%,the contractor must have over 5.2 points). It is assumed that 67%of the DBE usage will be subcontract work and 33%of the dollars paid to DBE firms will be to DBE firms who have been awarded prime contracts. Si M Administrative Reconsideration of Project Specific Good Faith Effort. dl 84 Contractors who have not met the specified DBE goal or have not been determined to have demonstrated Good Faith Effort by the above methods can request administrative reconsideration of their Good Faith Effort. lad bill Within 2 business days after the deadline for bid submittal,the Department will use the three Good Faith Effort methods to determine which bidders have made a Good Faith Effort to meet the DBE goal on each proposal for which bids were received.The Department will contact all otherwise lowest responsive bidders who have not met any of the Good Faith Effort criteria and offer that bidder an opportunity for an Administrative Reconsideration meeting with the Department's Administrative Reconsideration Committee.This committee consists of the Department's Contracts Engineer,Assistant Contracts Engineer,and EEO/AA Administrator.The bidder shall request the Administrative Reconsideration meeting within 1 business day of the Department's offer of an Administrative Reconsideration meeting. ci Any bidder who has requested Administrative Reconsideration shall not adjust their DBE Commitment or provide any additional documentation of DBE firms contacted that were not listed on Form 102115. However,the bidder will be allowed to provide documentation on other Good Faith Efforts they did to utilize DBE firms that are listed on Form 102115. These efforts may include: ($ Efforts to provide interested DBEs with adequate information about the plans, specifications,and requirements of the contract in a timely manner to assist them in responding to a solicitation. 7�(411 Written documentation of negotiation with certified DBE firms including the names, addresses,and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting:and evidence as to why additional agreements could not be reached for DBEs to perform the work. 31(311 Written documentation of follow-ups made after the initial solicitations to encourage DBE firms to quote. 4)4 Written documentation that the DBE firm's quote was not reasonable or that the DBE firm was not capable of performing the work for which they quoted. The fact that there may be some additional costs involved in finding and using DBE firms is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable.Also,the ability or desire of a bidder to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make Good Faith Efforts. 514 Written documentation of efforts to assist interested DBE firms in obtaining bonding, lines of credit,or insurance as required by the specifications. S�(�Written documentation of efforts to assist interested DBE firms in obtaining necessary equipment, supplies, materials,or related assistance or services needed for the project. sii 4 The determination made by the Administrative Reconsideration Committee shall be considered final. F. Construction Period Requirements. 1. The Contractor shall use those DBEs for the amounts listed on Form 102115 as subrgjt>ged with their bid.After adequate notice by the Contractor, if any DBE is unable to perform, th$=' Contractor shall inform the Engineer of the reasons why a DBE will be unabfe)to complete the work for which they were committed. The Contractor shall document their efforts to h another DBE perform the item or to have a DBE perform other items to replace'the oiignal DBE commitment amounts.Any request for substitution of a DBE subcontraeldrihall be made to the Engineer and approved by the Contracts Engineer. ) fir.. _m N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 30 of 99 2. The Contractor is allowed to offer construction assistance to DBE subcontractors, but only in areas where DBEs can benefit from their expertise or in situations arising from unforeseen emergencies or natural disasters. The assistance shall be short-term and involve only equipment, or workers that function as trainers. Before offering the assistance,the Contractor shall notify the Engineer and obtain the written approval of the Contracts Engineer. 3. Brokering of work by DBEs is not allowed and is a contract violation.A DBE firm involved in brokering of work may be decertified.Any firm involved in brokering of work, that engages in willful falsification, distortion,or misrepresentation with respect to any facts related to the project shall be referred to the U. S. Department of Transportation's Office of the Inspector General for prosecution under Title 18, U. S.Code, Section 100.20. G. Poet Construction Requirements. 1. Prior to receiving final payment,the Contractor shall provide to the Engineer certification of the dollars paid to each DBE firm, using Form 102116, Certification Of DBE Accomplishment. This certificate shall be submitted on all Federal-aid contracts and shall list the dollar amounts paid to all DBE firms on the contract.The certification shall be dated and signed by a responsible official legally representing the Contractor. Falsification of this certification will result in suspension of bidder qualifications according to Article 1102.03. 2. If the contract contained a DBE commitment,the Engineer will verify that the Contractor has attained the DBE commitment specified on Form 102115. If the commitment is not met and was less than the goal,the price adjustment is the difference between the actual dollars paid and the commitment. If the commitment is not met and was greater than the goal the price adjustment is the difference between the actual dollars paid and the goal. 3. The penalty for failure to meet DBE commitments will then be reduced by the following amount: a. Underruns or deletion of contract items which were subcontracted to DBE firms. b. Designated work that the DBE failed to perform and concurrence to waive this work was received from the Department. 4. Failure to meet the specified DBE commitment to each DBE firm will result in a price adjustment of an amount equal to the difference between the actual DBE dollars paid and the Contractor's adjusted DBE commitment to that DBE firm. H. Required Records. The Contractor and subcontractors shall retain,for a period of not less than 3 years after final acceptance of a project, copies of canceled checks or other documentation that substantiates payments to DBE firms.These records shall be available at reasonable times and places for inspection by authorized representatives of the Department and Federal Agencies. I. Sanctions for Failing to Comply with the Intent of the DBE Regulations. 1. DBE Firms. The ability to be eligible to receive DBE goal work is a privilege made available to a select group of firms. Firms that abuse this privilege may have their ability to be counted towards the OBE goal restricted if the firm fails to perform their work consistent with common industry practices. Examples of not performing work consistent with common industry practice include, but are not limited to: a. Patterns of failing to perform a commercially useful function for work quoted to meet a DBE goal. b. Patterns of failing to complete the work with their own organization for work quoted to meet a DBE goal. c. Patterns of failing to pay for all labor and materials for the work they have subco`tracted to meet a DBE goal. -. ._. • d. Patterns of failing to perform the work they have subcontracted. y'! e. Patterns of failing to notify the prime contractor in a timely manner when their work schedule makes it impossible for them to begin subcontract work at the requested time..--- f. Patterns of failure to furnish documents(e.g. certified payrolls, material_tgeMreports, etc') within the timeframes allowed by the specifications. - Iv! -0 111 .. N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 31 of 99 The Department will provide written notice to the DBE firm, informing them of any proposed sanction. The DBE firm will have 14 calendar days, from the receipt of the certified notification, to make a written request for a hearing. The appeal hearing will be held with a three-person committee consisting of representatives from the Office of Contracts.Office of Construction, and a district office. If the Department does not receive a written request for a hearing,or if the DBE firm does not provide sufficient evidence at the hearing to refute the violations, the Department may suspend the DBE firm from the ability to be counted towards the commitment on projects with DBE goals.The duration of the suspension will be determined based on the severity of the violation and the number of prior suspensions of the DBE firm. • 2. Prime Contractors. Contractors who show a pattern of non-compliance with the OBE requirements of the contract may be suspended from bidding on contracts that have DBE goals. Examples that would indicate a lack of good faith effort to comply with the DBE requirements include, but are not limited,to: a. Patterns of performing work with their own organization, or having another company perform work,which was committed to a DBE firm to meet a DBE goal. b. Patterns of not keeping the DBE firms posted on the status of their projects, and not providing advance notification to the DBE when their subcontract work will be available to the DBE firm. c. Patterns of not promptly paying DBE firms for completed work in accord with Article 1109.05. d. Not treating DBE firms as they would any other subcontractor on the project. The Department will provide written notice to the Contractor, informing them of any proposed sanction for failure to comply in good faith with the intent of the DBE regulations. The Contractor will have 14 calendar days,from the receipt of the certified notification, to make a written request for a hearing. The appeal hearing will be held with a three-person committee consisting of representatives from the Office of Contracts, Office of Construction, and a district office. If the Department does not receive a written request for a hearing,or if the contractor does not provide sufficient evidence at the hearing to refute the violations,the Department may suspend the Contractor from bidding on projects that have DBE goals.The duration of the suspension will be determined based on the severity of the violation and the number of prior suspensions of the Contractor for DBE sanctions.The sanctions may be extended beyond contracts with DBE goals if the Contractor's treatment of DBE firms has extended beyond contracts assigned DBE goals. 1102.18 SPECIFIC AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (TARGETED SMALL BUSINESS PROJECT PARTICIPATION). A. General. 1. AA requirements are to encourage and increase participation of disadvantaged individuals in business enterprises in all state projects involving funds made available through the Department. This is required by Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. On projects let by the Department, funded in whole or in part by state funds, these requirements supersede all existing TSB enterprise regulations,orders, circulars, and administrative requirements. 2. TSB Directory information is available from: Office of Contracts Iowa Department of Transportation .”1,1 800 Lincoln Way Ames, IA 50010 Telephone 515.239.1422 B. Targeted Small Business. i''i A TSB is a small business, defined by Iowa Code Section 15.102(4), which is 5l!iQ more owned, operated,and actively managed by one or more women or minority persons. Generally thisis a for- profit small business enterprise under single management,which is located in Iowa. ry c) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 32 of 99 C. Contractor's TSB Policy. The Contractor is expected to promote participation of disadvantaged individuals in business enterpnses as suppliers, manufacturers, and subcontractors through a continuous, positive result oriented program. The following statement should be included in the Contractor's operating policy: It is the policy of this firm that TSB concerns, as defined in Iowa Code Section 198.7 and 541 Iowa Administrative Code Chapter 4, shall have the maximum practical opportunity to participate in contracts funded in whole or in part by state funds through this firm(e.g. suppliers, manufacturers, and subcontractors). The purpose of the Contractor's policy is to encourage and increase participation by TSBs in contracting opportunities made available by this firm in the performance of contracts let by the Department. D. Positive TSB Effort Documentation. 1. Contractors are required to make positive efforts in utilizing TSBs on all non-Federal-aid projects let by the Department.The Contractor shall document all efforts made to include TSB participation in these projects. The documentation shall remain in the Contractor's project files for a period of 3 years after the completion of the project and be available, upon request, for examination by the Department. 2. On proposals where a specific TSB goal has been established,the Contractor will be required to submit the TSB form with their bid.The TSB form will be provided by the Contracting Authority and used to document the TSB participation that shall be attained. The Contracting Authority will determine if the bidder has made adequate Good Faith Effort to meet the established goal. Bidders who fail to make such Good Faith Effort may have their bid rejected on the basis of being non-responsive to meeting the established TSB goal. 1102.19 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS. A. General. 1. EEO and AA requirements will apply to all contracts let by the Department that equal or exceed$10,000.00. The requirements will also apply to any subcontracts that equal or exceed $10,000 if the subcontract involves a contract let by the Department. 2. On Federal-aid projects laws,executive orders, rules, regulations(28 CFR 35, 29 CFR 1630, and 41 CFR 60), and orders of the Secretary of Labor,as modified by this specification and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO/AA standards for the Contractor's company-wide activities for contracts let by the Department and for subcontracts involved in such contracts. The Equal Opportunity Construction Contract Specifications, set forth under 41 CFR 60-4.3, and the provisions of the American Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630, are both incorporated by reference in contracts and subcontracts utilized by the Department. 3. On non-Federal-aid projects the Iowa Civil Rights Act of 1965, as amended:current Iowa Administrative Rules:and Iowa Executive Order 15 shall constitute the specific EEO/AA standards for the Contractor's company-wide activities for contracts let by the Department and for subcontracts involved in such contracts. B. Definitions. 1. Affirmative Action. a. The efforts exerted toward achieving equal opportunity through positive, aggressive, and continuous result-oriented measures to correct past and present discriminatory practices and their effects on the conditions and privileges of employment. These measures Tr clude, but are not limited to, recruitment, hiring, promotion, upgrading,demotioq;_transferc_ termination,compensation, and training, X _.a `. b. Women and minorities are both considered disadvantaged persons. The .are however _ considered distinct and separate groups in regard to employer's good faith rOruitInt -�- efforts. " ' • rrl -17 r tV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 33 of 99 2. Equal Employment Opportunity. In hiring and employment practices,the absence of discrimination on the basis of race, religion,sex, color, national origin,age, disability,or other protected classification under Federal, state,or local law. 3. Journey-Worker. A trained worker who is capable of performing all duties within a given job classification or craft. 4. Minority. A citizen or lawful permanent resident of the United States and who is a member of one of the following racial groups: a. Black:All persons having origins in any of the Black racial groups not of Hispanic origin. b. Hispanic:All persons of Mexican. Puerto Rican,Cuban, Central or South American,or any other Spanish culture or origin, regardless of race. c. Asian or Pacific Islanders:All persons having origins in any of the original peoples of the Far East, Southeast Asia,or the Pacific Islands.This area includes,for example,China, Japan, Korea,the Philippine Islands,and Samoa. d. American Indian or Alaskan Native:All persons having origins in any of the original peoples of North America. 5. New Hire. A new hire is not a recall or a rehire, and was originally hired within the previous 12 months. It is not required that the new hire was originally hired for a contract let by the Department, but they shall have worked on a contract let by the Department within the previous 12 months. 6. Recall. A person who,after being involuntarily laid off by a contractor, is re-employed by that same contractor when the layoff is no longer necessary. In addition,to be defined as a recall, at least one of the following two criteria must have been met during the layoff period: a. The former employee must have had no employment with other heavy highway contractors. b. The former employee's health insurance or pension plan must have been maintained by the re-employing contractor. 7. Rehire. A person who,after voluntarily terminating employment with a contractor because of a change in working conditions or circumstances,returns to employment with the same contractor. In addition, to be defined as a rehire, at least one of the following two criteria must have been met during the period of severed employment: a. The former employee must have had no employment with other heavy highway contractors. b. The former employee's health insurance or pension plan must have been maintained by the re-employing contractor. B. Segregated Facilities. Employee facilities that are separated on the basis of race, religion,color, national origin, age, or disability either by explicit directive or by fact because of habit, local custom,or any other reason. Examples of such facilities include, but are not limited to, the following:waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,time clocks, locker rooms, storage or dressing areas, parking lots,drinking fountains, recreation or entertainment areas, transportation,and housing facilities.The only exception to this definition is theme provision of special accommodations,such as handicapped parking spaces,fo makeTe workplace more accessible for those who are disabled. ;"7 r 9. Trainee/Apprentice. A person receiving on-the-job training through a program approved or accep` Fby tl�+llnited'a�' States Department of Labor,the FHWA, or the Department. C. Contractor's/Subcontractor's EEO/AA Policy. The Contractor/subcontractor,with the exception of manufacturers, suppliers, and hauling:firms, shall have an EEO/AA policy approved by the Department prior to being awarded a conuaxt or Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 34 of 99 subcontract that equals or exceeds$10.000.00. The Contractor's/subcontractor's EEO/AA policy shall be re-approved on an annual basis through either the preparation or completion of a new EEO/AA policy or the review of an existing policy.When requesting re-approval under the latter option, the Contractor/subcontractor shall submit a written statement indicating that the existing policy has been reviewed. It shall further state that the policy is current with no revisions or,if revisions have been made,the revisions shall be signed and dated by their EEOIAA Officer and another company officer.The Contractor's/subcontractor's EEO/AA policy shall also include the following items: 1. The EEO/AA Operating Statement. "It is the policy of this Company to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, religion,sex, color, national origin, age,or disability. Such action shall include: employment, upgrading,demotion, or transfer; recruitment or recruitment advertising;layoff or termination:rates of pay or other forms of compensation; and selection for training, including apprenticeship,pre-apprenticeship,and/or on-the-job training." 2. Designation and Job Responsibilities of the Company's EEO/AA Officer. The Contractor/subcontractor shall designate an EEO/AA Officer to be responsible for and capable of effectively administering and promoting the Contractor's/subcontractor's EEO/AA program. Adequate authority and responsibility shall also be assigned to the EEO/AA Officer in order to perform these duties. 3. Affirmative Action Recruitment Plan. The Contractor's/subcontractor's Affirmative Action Recruitment Plan shall be designed to seek out and obtain applications from women and minorities for all job openings and promotions. The plan shall also include the following provisions: a. At a minimum,the Contractor/subcontractor shall utilize one or more Iowa Workforce Develo ment Centers or . When feasible, the Contractor/subcontractor shall commence a recruitment effort no later than 1 month prior to the date on which a hiring decision will be made. b. All solicitations and advertisements for employees,placed by or on behalf of the Contractor/subcontractor,shall Include the notation: "An Equal Opportunity Employer." 4. Identification of Recruitment Methods. When the Contractor/subcontractor is unable to obtain a reasonable flow of applications from women and minonties,the Affirmative Action Recruitment Plan shall identify specific methods used to exhaust all possible avenues of recruitment. Such methods may include: a. Maintaining a list of the names and locations of publications that have a large circulation among minority groups in the area from which the workforce would normally be derived, and placing recruiting advertisements in these publications. b. Utilizing public and private employee referral sources likely to yield applications from qualified women and minorities. c. If unionized,a strategy for obtaining union referrals of women and minorities through the Contractor's/subcontractor's collective bargaining agreement. If the union is unable to provide the Contractor/subcontractor with a reasonable flow of referrals of women and minonties within the time limit set forth in the collective bargaining agreement or other contract or understanding,the Contractor/subcontractor will go through independent recruitment efforts.As part of those efforts,the Contractor/subcontractor will attempt to obtain qualified,qualifiable, and/or trainable women and minorities,and will fill employment vacancies without regard to race, religion, sex,color, national origin, age,or disability. d. A plan for encouraging present employees to recruit women and minonties. e. Other specific actions the Contractor/subcontractor will take to ensure that a pool of woman and minority candidates is available from which to hire. r-., 5. Facility Certification. The Contractor/subcontractor shall certify that nonsegregated facilities are provided for}heir employees. In addition, certification shall state that no employee will be denied access to adequate facilities on the basis of sex or disability. If the Contractor/subcontraCtorprovides empioyees with any facility that is segregated, work at the site with the segrega�l I facil1gy ma be suspended. -`rrt —o 1v Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 35 of 99 D. Training and Promotion Plan. 1. General. If the Contractor/subcontractor is planning to provide any training, the Contractor/subcontractor shall have a training and promotion plan. If the Contractor/subcontractor does not have a training and promotion plan, the Contractor's/subcontractors EEO/AA policy shall state there is no plan. The Contractor/subcontractor shall have a plan, however, if they later decide to provide training for new or existing employees. Any training and promotion plan that is required shall include the following: a. This training specification supplements subparagraph 7e of the Contract Provision entitled "Standard Federal Equal Opportunity Construction Contract Specification(Executive Order 11246)"and is in implementation of 23 U.S.C. 140(a). b. The Contractor shall provide on-the-job training aimed at developing full journeymen in the type of trade or job classification involved. c. As part of the Contractor's EEO/AA program,the Contractor shall provide training to a prescnbed number of trainees. Training new and existing employees for the purpose of promotion is to be considered a part of doing business with the Department. No reimbursement payment will be made to the Contractor. d. The number of trainees required shall be determined by the Contractor. The number of trainees will be determined by using the previous 3 year average of work actually performed by the Contractor including all pnme and sub contract work with the Department. The Contractor shall provide the following number of trainees while under contract with the Department: Under$4.999,999 No trainee requirement $5,000,000 to$9,999,999 1 trainee $10,000,000 to$19,999,9992 2 trainees $20,000,000 to $29.999,9993 3 trainees $30,000,000 or more 4 trainees e. These training requirements are minimums and the Contractor is encouraged to have more than the minimum. f. Completion of this required training shall be the responsibility of the Contractor and shall not be assigned to a Subcontractor. g. This information may be verified by the Department. 2. Work Classifications. The number of trainees shall be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment.The Contractor will be credited for each trainee employed on the contract work who is currently enrolled or becomes enrolled in an approved program. 3. Minorities and Women. Training and upgrading of minonties and women toward journeymen status is a primary objective of this training specification. Accordingly, the Contractor shall make every effort to enroll minority trainees and women by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees to the extent that these persons are available within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps taken in pursuance of recruitment, prior to a determination of the Contractor being in compliance with this training specification. 4. Training. a. An employee shall not be employed as a trainee in any classification in which arLt employee has successfully completed a training course leading to journeyman sa-fus or which an employee has been employed as a journeyman. The Contractor shall Wisfy this requirement by including appropriate questions in the employee applicatiort-or by ether suitable means. Regardless of the method used, the Contractor's record'Shall ddcumenr`— the findings in each case. b. The minimum length and type of training for each classification will be as' ttblisged in m the training program selected by the Contractor and approved by the Department. The Department will approve a program, if it is determined to meet the equal employment • opportunity and affirmative action obligations of the Contractor and to qualify theerage trainee for journeyman status in the classification concerned by the end of the trtrung period. Furthermore,apprenticeship programs registered with the U. S. Department of Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 36 of 99 Labor, Bureau of Apprenticeship and Training,or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U. S. Department of Labor, Manpower Administration, or Bureau of Apprenticeship and Training,will also be considered acceptable provided it is being administered in a manner consistent with the equal employment and affirmative action obligations of Federal-aid highway construction contracts.Approval or acceptance of a training program shall be obtained from the Department prior to commencing work on the classification covered by the program. c. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial-type positions. Training is permissible in lower level management positions, such as office engineers,estimators, etc.,where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and is approved by the division office of the Federal Highway Administration. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not comprise a significant part of the overall training. 5. Payment of Trainees. On contracts with a predetermined wage rate, trainees must be paid at least the journeyman's wage unless the trainee is enrolled in an approved U.S. Department of Labor(DOL)training program. Trainees in approved U.S. DOL training programs shall be paid the appropriate rates approved by the U. S. DOL or Iowa DOT. 6. Compliance. a. A Contractor's compliance will be based on the number of trainees completing a training program during the construction season. b. A Contractor that fails to meet the determined number of trainees will be allowed the opportunity to show that a Good Faith Effort was made trying to meet the training requirement. If the Contractor fails to show that a Good Faith Effort was made in meeting the training requirement, the Contractor may be suspended from bidding projects with the Department. 7. Records. a. General. 1) The Contractor shall furnish the trainee a copy of the program the trainee will follow during the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. 2) The Contractor shall provide for the maintenance of records and furnish a report once per construction year documenting their performance under this training specification. The report shall be submitted to the Office of Contacts with the Annual Company Wide Report of Total Employment on All Federal and Non-Federal Projects Let By the Iowa Department of Transportation. This report shall include but is not limited to, names of trainees.job classifications,gender, ethnic background,future status with the company and hours of training received. The Office of Contracts may verify this information with the trainee. b. Designation of Trainee and Promotional Job Classifications. For each designated classification, the plan shall identify benchmarks specifying the types of work an employee will be doing after various intervals of time. For example, the plan might describe increasingly skilled levels of work to be performed after every 100 hours of training. c. Notice of On-the-Job Training Programs and Training Entrance Requirements. Methods to advise employees and job applicants of training programs and training entrance requirements. d. Review of Training and Promotion Potential. Methods to periodically review the training and promotion potential of women and`r71inonty employees,thus ensunng they have the opportunity to be upgraded. e. Training Progress Review. A method to routinely review the progress of each employee enrolled in t inirig. f. Maximum Trainee/Journey-Worker Ratio. .r The maximum traineeijourney-worker ratio, by craft, that the Contractor/aa�FQntraattor ;~� ntends to utilize: a maximum ratio of 1:3 is suggested. 7.1 � N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 37 of 99 E. Dissemination of Policy. All members of the Contractor's/subcontractor's staff who are involved in the hiring, supervision, promotion, and discharge of employees shall be made knowledgeable of the Contractor's/subcontractor's EEO/AA policy. The following actions shall be taken as a minimum: 1. Periodic Review of Contractor's/Subcontractor's EEO/AA Policy. Periodic meetings of supervisory and personnel office employees shall be conducted at least once every 6 months, at which time the Contractor's/subcontractor's EEO/AA policy and its implementation will be reviewed and explained. The meetings shall be conducted by the EEO/AA Officer. 2. Instruction of New Supervisory and Personnel Office Employees. The EEO/AA Officer shall provide all new supervisory and personnel office employees with thorough instruction, covenng all major aspects of the Contractor's/subcontractor's EEO/AA obligations, within 30 calendar days following the date they first reported for duty with the Contractor/subcontractor. 3. Instruction In Recruitment Procedures. All personnel directly engaged in recruiting shall be instructed,by the EEO/AA Officer, in the Contractor's/subcontractor's procedures for locating and hiring women and minorities. 4. Employee Notification of EEO/AA Policies and Procedures. The Contractor's/subcontractors EEO/AA policy, as well as the procedures for its implementation, shall be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Placement of EEO/AA Notices and Posters. a. The Contractor shall place the following notices and posters on a bulletin board at the project site in areas readily accessible to employees and potential employees. 1) Notice provided by the Iowa DOT listing the names,addresses, and phone numbers of the Contractor and all approved subcontractors. 2) Publication OFCCP 1420, stating 'Equal Employment Opportunity is THE LAW". 3) Form FHWA-1022, regarding any false statement,false representation, false report, or false claim made in Connection with any Federal or Federal-aid highway or related project. 4) Form FHWA-1495, regarding wage rate information for a Federal-aid highway project, required only if Davis/Bacon predetermined wage rates apply to the project. 5) Current Iowa Predetermined Wage Rate Decision, identifying Davis/Bacon predetermined wage rates for the State of Iowa.The wage rate decision shall be arranged on a bulletin board so that all wage rate and classification information is visible. 6) IOSH 30 Safety and Health Protection on the Job. 7) WH-1420 Your Rights Under the FMLA Act of 1993. 8) WH-1462 Notice: Employee Polygraph Protection Act. 9) Form FHWA-1495A(Spanish version of form FHWA-1495). stating"Informacion Sobre Escalas De Salarios Proyecto De Carretera Con Ayuda Federal", required only if Davis/Bacon predetermined wage rates apply to the project.' 10) Form EEOC-P/S-1 (Spanish version of form EEOC-PIE-1). stating"La Igualdad de Oportunidades De Empleo Es LA LEY".' • These forms are not required, but it is strongly recommended that these two Spanish notices be pasted whenever the company employs and/or anticipates receiving applications from those who speak Spanish. b. All required postings shall be in place when work commences on a project and shall remain in place through completion of the project. c. Progress payments to the Contractor will not be made until these notices and postersiare displayed at the required site. i., r-- --p-r F. Personnel Actions. Wages, working conditions,employee benefits. and personnel actions of every type)ipludingn hiring, upgrading, promotion, transfer,demotion, layoff, and termination shall be mace Without regard to race, color, religion, sex, national origin, age, or disability. The following proda''uresihall jD fV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 38 of 99 be followed by the Contractor/subcontractors. The EEO/AA Officer may appoint a designee to perform these functions. 1. Periodic Inspection of Project Sites. Project sites shall be periodically inspected by the EEO/AA Officer to ensure that there is no discriminatory treatment of project site personnel with regard to employee facilities and working conditions. the EEO/AA Officer shall document the dates of these inspections and provide the Contractor/subcontractor with a summary of the findings. The Contractor/subcontractor shall promptly take corrective action where evidence of discriminatory treatment is found. 2. Periodic Evaluation of Wage Differentials. Wage differentials within each job classification shall be periodically evaluated by the EEO/AA Officer to determine whether there are any discriminatory wage practices. The EEO/AA Officer shall document the dates of these evaluations and provide the Contractor/subcontractor with a summary of the findings. The Contractor/subcontractor shall promptly take corrective action where evidence of discnminatory treatment is found. 3. Periodic Review of Selected Personnel Actions. Selected personnel actions shall be periodically reviewed by the EEO/AA Officer to determine whether there is evidence of discrimination. The EEO/AA Officer shall document the dates of these reviews and provide the Contractor/subcontractor with a summary of the findings. The Contractor/subcontractor shall promptly take corrective action where evidence of discriminatory treatment is found. 4. Review of Supervisors. An annual review shall be conducted to discuss each supervisor's performance with regard to the Contractor's/subcontractor's EEO/AA policy. The review shall include a discussion of each supervisor's adherence to the provisions of that policy. 5. Investigation of Each Complaint,with Corrective Action if Necessary. An investigation of each discrimination complaint shall be initiated within 14 calendar days following receipt of the complaint. If the investigation indicates that discnmination exists, which may affect persons other than the complainant, corrective action shall include the other aersons in addition to the complainant. Upon completion of the investigation, the Contractor/subcontractor shall inform the complainant and each affected person of all their avenues of appeal. G. Records and Reports. A Contractor/subcontractor shall keep records to document compliance with the EEO/AA requirements. The records shall be retained for a period of 3 years following completion of the contract work, and shall be available for inspection, at reasonable times and places, by authorized representatives of the Department and the FHWA. 1. The Contractor/subcontractor shall keep records to document the following: a. All of the Contractor's/subcontractor's efforts and progress toward locating, hiring, training, qualifying, and upgrading women and minorities. A detailed summary of these efforts and progress shall include a list providing the name, address, phone number,date of contact. and contact person of each referral source and each publication in which job vacancies were posted. In addition, dated copies shall be kept of all job orders, tear sheets, and newspaper ads, along with the specific job classification that was posted in each of these employment notices. b. All company efforts and progress toward cooperating with unions, community organizations, and other recruitment sources for the purpose of increasing employment opportunities for women and minorities.A current file, providing the following information, shall also be maintained: 1) Name, address,and phone number of each woman and minority off-the-street=- applicant. r 2) Name, address,and phone number of each woman and minority referred frorrr_a —1- a • 6 union, community organization, or other recruitment source. "3) The date on which action was taken with respect to each of the abeve indivi1als. an individual was referred to the Contractor/subcontractor, but not 9.416yed by the • rrl -0 • "17 CD CA) � Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 39 of 99 Contractor/subcontractor,the reason(s)for not hiring the individual shall be documented. Similarly, if an individual was sent by the Contractor/subcontractor to a union hiring hall for referral, but not referred back to the Contractor/subcontractor by the union, the reason(s)for not making the referral shall be documented. Any additional actions taken with regard to either of these referrals snail also be documented. c. Employment data, arranged both by race and sex within each race, for each of the following: 1) The number of individuals employed within each of the Contractor's/subcontractor's job categories. 2) The number of individuals employed as apprentices in all of the Contractor's/subcontractor's job categories combined. 3) The number of individuals employed as on-the-job trainees in all of the Contractor's/subcontractor's job categories combined. The data shall be provided for any employee who worked on any Federal-aid project and any non-Federal-aid project let by the Department during the week of peak employment for the previous 12 months.A grid of these required kinds of data is illustrated on Form 650037 7-99 (Iowa PR-1391); see Article 1102.19, G, 2, b.The number of individuals employed as on-the-job trainees in all of the Contractor's/subcontractor's job categories combined. The data shall be provided for any employee who worked on any Federal-aid project and any non-Federal-aid project let by the Department during the week of peak employment for the previous 12 months. A gnd of these required kinds of data is ;llustrated on Form 650037 7-99(Iowa PR-1391); see Article 1102.19, G. d. The name, race, sex,job classification, date of employment, and specific referral source(s)of each new employee utilized on any project let by the Department during the previous 12 months. e. The name, race, sex,lob classification, date of employment, date of last job change, hours worked dunng the previous 12 months, and current rate of pay of each employee utilized on any project let by the Department during the previous 12 months. f. The name, race, and sex of each trainee and each employee who was terminated, transferred, demoted,or promoted while utilized on any project let by the Department during the previous 12 months. Records shall also include the dates for each of these actions, the previous and/or new job classifications, and the wage rates corresponding to those classifications. g. The maximum traineeijoumey-worker ratio, by craft, that was utilized on ail projects let by the Department dunng the previous 12 months. h. All meetings of supervisory employees that include a discussion,during the previous 12 months, of EEO/AA topics and requirements. Records shall also document the thoroughness of instruction explaining the company's EEO/AA obligations to new supervisory employees within 30 calendar days of their hiring or promotion date. Documentation of all meetings and training sessions shall be dated and signed by those in attendance. It shall also identify the specific EEO/AA topics that were discussed. i. The provision, for all personnel directly engaged in recruitment, of thorough instruction on the company's procedures for locating and hiring women and minonties. The instruction shall be given by the EEO/AA Officer within the past 12 months. Documentation of the instruction shall be dated and signed by those in attendance,and shall also include the specific EEO/AA topics that were discussed. j. The provision of information regarding the Contractor's/subcontractor's EEO/AA policy and the company's procedures for implementing the policy.The information shall be provided to all employees. Documentation should include the name of each employee receiving the information, along with the method and date of its distribution. k. All EEO/AA on-site inspections by the EEO/AA Officer,or designee,on projects let by the Department during the previous 12 months. Observations made during the inspection shall include the following: poster reviews: identification of segregated and non- segregated facilities;stated.observed, or overheard employee EEO/AA concerns: and the method(s)of addressing those concerns. I. Periodic evaluation of wage differentials within each job classification utilized on projects let by the Department during the previous 12 months. c-� m. Periodic review of selected personnel actions(s)to determine whether there is evidence of discrimination on projects let by the Department dunng the previous 12 months. rrri —0 i E3 bw Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 40 of 99 n. All pending Equal Employment Opportunity Commission, Department of Justice, and local and state Human/Civil Rights Agency cases, including a copy of each complaint and a summary of the Contractor's/subcontractor's investigation into each complaint. o. Initiation of an investigation into each complaint of discrimination within 14 calendar days of the receipt of each complaint. 2. The Contractor/subcontractor shall submit the following documentation to the Office of Contracts: a. The Contractor's/subcontractor's EEO/AA policy, shall be submitted annually and include the following: 1) Age of the firm. 2) Annual gross receipts of the firm may be reported by designating the appropriate bracket below: Less than $500.000 $500.000-$1.000,000 $1 million -$2 million $2 million-$5 million $5 million-$10 million $10 million-$20 million $20 million-$50 million over$50 million b. Two annual reports, submitted in July of each year,which are titled "Federal-Aid Contractor's Annual Employment Report" and"Annual Company Wide Report of Total Employment on All Federal and Non-Federal Projects Let by the Iowa Department of Transportation." Report form numbers are 650038 7-97 (Iowa PR-1391) and 650039 5-97 (Iowa PR-1391), respectively. The reports shall provide employment data,arranged both by race and sex within each race, for each of the following: 1) The number of individuals employed within each of the Contractor's/subcontractor's job categories. 2) The number of individuals employed as apprentices in all of the Contractor's/subcontractor's job categories combined. 3) The number of individuals employed as on-the-job trainees in all of the Contractor's/subcontractor's job categories combined. The annual data shall be provided during the last week in July for any employee who worked on any Federal-aid project and any non-Federal-aid project let by the Department. A grid of these required kinds of data is illustrated on both of the required report forms. c. Immediate notification that a union having a collective bargaining agreement, contract,or other understanding with the Contractor/subcontractor,has failed to refer to the Contractor/subcontractor a minority or woman who had been sent to the union hall by the Contractor/subcontractor for help in obtaining employment. The Office of Contracts shall also be notified if the Contractor's/subcontractor's efforts to meet EEO/AA obligations have been impeded in any other way by a union referral process. H. Non-compliance with EEO/AA Requirements. Compliance with the Department's EEO/AA specifications and/or the Contractor's/subcontractor's EEO/AA policy will be enforced as follows: 1. Compliance through Informal Means, Including Conciliation and Persuasion. If a Contractor/subcontractor is found to have violated the Department's EEO/AA specifications and/or the Contractors/subcontractor's EEO/AA policy, reasonable efforts will be made, whenever possible,to secure the Contractor's/subcontractor's compliance through informal means, including conciliation and persuasion. Such efforts may require a written commitment by the Contractor/subcontractor to correct violations through a plan of specified remedial actions. a. Violations are considered to be either deficiencies or minor deficiencies. Any of the following is considered to be a deficiency, all other violations are considered to be-minor deficiencies: 1) Hiring employees from another company. -""'_ 2) Failure to engage in a good faith recruitment effort. 3) Failure to use training hours assigned to a project. —4,1) c� E 4) A finding of probable cause with regard to a civil rights complaint. :'( pp tU Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 41 of 99 5) Failure to utilize project assigned training hours on contracts. 6) Refusal to submit an EEO/AA policy. 7) Refusal to allow access to premises for an on-site compliance review. b. The form of written agreement utilized for correcting deficiencies is called a conciliation agreement, whereas the form of agreement for resolving minor deficiencies is called a letter of commitment. If a letter of commitment is violated,the violation may be corrected through either a conciliation agreement or an enforcement proceeding.Violation of a conciliation agreement may lead to either a notice to show cause or an enforcement proceeding. 2. Compliance through Enforcement Proceedings or a Notice to Show Cause. If conciliation efforts are unsuccessful, administrative enforcement proceedings may be initiated or the Contractor/subcontractor may be issued a show cause notice.The show cause notice will require the Contractor/subcontractor to show,within 30 calendar days,why monitoring, enforcement proceedings,or other appropriate action to ensure compliance should not be instituted. Enforcement proceedings may lead to a written notice prohibiting the violations,requiring the Contractor/subcontractor to provide whatever remedies are appropriate,and/or imposing sanctions. Such sanctions may include withholding progress payments:termination of a contract,in whole or in part; or suspension for an indefinite or specified period of time. 3. Compliance with Executive Order 11246. The Office of Federal Contract Compliance Programs,within the United States Department of Labor, is the only party having authority to determine enforcement of and compliance with Executive Order 11246 requirements incorporated in contracts and subcontracts utilized by the Department. Included among these requirements are the equal opportunity clause,contained in 41 CFR 60-1.4:the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity, contained in 41 CFR 60-4.2; and(3)the Standard Federal Equal Employment Opportunity Construction Contract Specifications, contained in 41 CFR 60-4.3. FrtC:7 -� tl �' N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 42 of 99 Section 1103. Approval for Award and Award of Contract 1103.01 CONSIDERATION OF BIDS. The Contracting Authonty reserves the right to waive technicalities and to reject any or all proposals. Bidders may be denied a contract award for any one of the following reasons: A. For failure to meet the Contracting Authority's requirements for qualification of bidders, as set forth in Articles 1102.01, 1102.02, 1102.03, 1102.15, 1102.16, and in the contract documents for the project. B. For failure to maintain satisfactory progress on work already under contract. C. For failure to meet promptly financial obligations undertaken in connection with other work under the existing contract or previous contracts. D. For filing more than one proposal at any letting for the same work under the same or different names. However,affiliates will be allowed to bid against each other on proposals for the same contract. The Department, however,will only consider the lowest of the otherwise responsible affiliate bids for possible award. The proposals of the other affiliates bidding for that contract will be considered non-responsive for both DBE good-faith calculations and consideration for award of the contract. E. For an unsatisfactory record of performance and cooperation on previous contracts. F. For submitting an obviously unbalanced bid.An unbalanced bid shall be defined as a bid containing lump sum prices or unit bid prices which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit,overhead costs,and other indirect costs to complete that item. G. For having sublet or otherwise assigned work without the approval of the Contracting Authority. H. For forfeiture of a proposal guaranty and failure to enter into contract upon an offer of an award by the Contracting Authority in response to a prior advertisement for bids for the same project or any combination of projects involving the project for which award is currently being considered. I. For failure to file and maintain with the Contracting Authority a current Certificate of Insurance meeting the requirements of Article 1107.02. J. For filing proposals exceeding the bidder's qualification rating in a manner not permitted by the Contracting Authority. 1103.02 APPROVAL FOR AWARD. A. In the approval for award of contract,consideration will be given not only to prices bid but also to the mechanical and other equipment available to the bidder, the financial responsibility of the bidder,and the bidder's ability and expenence in performance of like or similar contracts. B. Approvals for award will be made as promptly as practical after bids have been re,ned and read. The Contracting Authority reserves the right to delay the approval for award for ch time as is needed for consideration of bids and for receipt of concurrence in recommendepprovals for award from other governmental agencies whose concurrence may be required. 1103.03 RETURN OF PROPOSAL GUARANTY. Proposal guaranties will be returned to the unsuccessful bidder by mail promptly after thepproval for award has been made. Return to the successful bidder will be made promptly after the filing of tcontract documents. ^' 1103.04 CERTIFICATE OF INSURANCE. The Contractor's certificate of liability and property damage insurance described in Article1017.02: all be filed with the Contracting Authonty on or before the execution of the contract and shall be.ztattairiia throughout the prosecution of the work and until final acceptance and completion of the oer tract.kiteparate verification shall be required for contracts awarded on the basis of joint bids. ' rri kms) > N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 43 of 99 1103.05 REQUIREMENT OF CONTRACT BOND. On all contracts,the Contractor shall file an acceptable bond in an amount not less than 100%of the contract sum with the Contracting Authority: however,the amount of the contract bond does not need to include the predetermined costs for incentives or bonuses shown on the contract.The bond shall be executed in quadruplicate on the standard form of the Contracting Authority. This bond shall be held to cover all work included in the contract,whether performed by the Contractor or under a subcontract or assignment. The bond shall be executed by the Contractor and by a surety company authorized to do business in the State of Iowa. The Contractor shall not begin work on any contract before being notified, in writing,that the required bond has been approved and accepted,or until the signed contract is returned. 1103.08 EXECUTION OF CONTRACT. The bidder to whom a contract is being awarded shalt execute and file two copies of such contract with the Contracting Authority. 1103.07 FAILURE TO EXECUTE CONTRACT. Unless the time limit is modified by the contract documents, failure to execute a contract and file an acceptable bond within 30 calendar days of the date of the approval for award, herein provided,will be just and sufficient cause for annulment of the approval for award and for forfeiture of the proposed guaranty to the Contracting Authority. 1103.08 DISCLOSURE OF SUBCONTRACTOR. A. A bidder awarded a contract with the Department shall disclose the names of all subcontractors who will work on the project or projects,or who the bidder anticipates will work on the project or projects. If a subcontractor named by a bidder awarded a contract is replaced, or if the cost of work to be done by a subcontractor is reduced,the bidder shall disclose the name of the new subcontractor or the amount of the reduced cost. If a subcontractor is added by a bidder awarded a contract,the bidder shall disclose the name of the new subcontractor. B. The list of proposed subcontractors shall be submitted to the Office of Contracts with the performance bond and signed contract. C. Failure to present the subcontractor list will cause the Contractor to be re-evaluated for future bidder qualification as per Article 1102.03. D. These requirements are in addition to Article 1108.01. 1 C C} Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 44 of 99 Section 1104. Scope of Work 1104.01 INTENT OF PLANS AND SPECIFICATIONS. A. The intent of the plans and specifications is to provide for the construction and completion of every detail of the work described therein. It shall be understood by the Contractor that the Contractor shall furnish all labor, material, tools, transportation, and supplies required for all or any part of the work to make each item complete in accordance with the spirit of the contract. It is understood that the apparent silence of the specifications as to any detail or the apparent omission of a detailed description concerning any point shall be regarded as meaning that only the best general practice is to prevail and that only first quality materials and first quality work are to be used. B. For the purpose of design and the preparation of the Engineer's estimate, the Contracting Authority or its representatives may perform a reasonable amount of exploratory work to gain information relative to surface and subsurface conditions relating to types of soil, moisture content, and types and extent of rock strata. This information,when shown in the contract documents,represents a summary of conditions as of the date the survey was made; it is only an approximate estimation of the site conditions made merely to be suggestive to the Contracting Authority of construction conditions and quantities and classes of work. The appearance of this information in the contract documents will not constitute a guarantee that conditions other than those indicated will not be encountered at the time of construction. The bidder is advised that all information concerning the project or projects,compiled by the Contracting Authority preceding the design, is available for examination at the Contracting Authority's headquarters. The prospective bidder shall conduct an examination as provided in Article 1102.08 to be satisfied as to the character of the work to be done,the probable construction conditions,and any other reasonably ascertainable conditions and the potential effect these could have on the Contractor's performance under the contract.The Contractor's bid shall be prepared on the basis of this examination. C. Any bidder interested in the work is authorized to make whatever additional investigation that is advisable. In making such additional investigation,the bidder is directed to the Engineer for information relating to available right-of-way. If there are, at that time,any parcels of land over which the Contracting Authority does not have jurisdiction, right of entry must be secured by the prospective bidder from those authorized to grant such permission. Investigational work performed by a prospective bidder on existing highways and streets open to traffic shall be performed in compliance with the requirements of the current Part VI of the MUTCD.All such additional investigational work shall be performed without costing or obligating the Contracting Authority in any way. 1104.02 SPECIAL WORK. Any conditions not covered by these standard specifications are stated in the contract documents. 1104.03 INCREASED OR DECREASED QUANTITIES. A. The Contracting Authority reserves the right to make such increase or decrease in the quantities of the work shown in the contract documents as may be considered necessary to complete fully and satisfactorily the construction included in the contract. The compensation to the Contractor for such changes will be as provided in Article 1109.03. 8. No significant change in quantities.as defined in Article 1109.16, shall be made by increasing or decreasing the length of road or roads to be improved as shown in the contract documents,without mutual written consent between the Contracting Authority and the Contractor, however, such notice shall not be required for maintenance or restoration work ordered by the Engineer on temporary Primary haul roads. ry cD 1104.04 EXTRA WORK. -- The Contracting Authority reserves the right to order, in writing, the performance of work of a class-not contemplated in the contract documents but which may be considered necessary to comptete satisfactorily the work included in the contract. This extra work will be paid for as provided in Article 11.09703, B.; 1104.05 MAINTENANCE OF DETOURS. Unless required by the contract documents, the Contractor will not be required to assume any'respQnsibility 3 in connection with the maintenance or marking of detours. ; il n) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 45 of 99 1104.06 REMOVAL OF STRUCTURES AND OBSTRUCTIONS. A. The Contractor shall remove all matenals,existing structures or part of structures that in any way interfere with the new construction. If specific payment for such work has not been provided in the contract, it will be paid for per Article 1109.03, B. B. The Contractor shall remove all materials or structures found on the right-of-way which are not to remain in place or which have not been designated for use in the new construction.These matenals,when removed from the project,shall become the property of the Contractor. The removal of pipe culverts will not be paid for directly but shall be considered as incidental work, and the cost of removal shall be considered to be included in the contract price for other items. Pipe culverts designated for salvage shall be removed by methods that will cause a minimum of damage to the pipe culverts. The removal of bridges or other masonry or monolithic concrete construction will be paid for. If the contract documents do not contain an item for this work,it will be paid for per Article 1109.03, B. 1104.07 RIGHTS IN AND USE OF MATERIALS FOUND ON THE RIGHT-OF-WAY. A. Unless stated to the contrary in the contract documents, all materials such as stone,gravel, sand, timber, and structures or parts of structures found on the right-of-way of the highway or on land acquired for the work are the property of the Contracting Authority or the owner of the fee title to the land. If these materials are to be removed but use or salvage is not designated in the contract documents, they shall become the property of the Contractor. and the Contractor snall remove the materials from the project.When the Contractor is permitted to use materials found on the right-of- way, all excavations that the Contractor makes below the grade elevations shall be backfilled with other suitable materials so that the finished road will conform to the grade shown on the plans. Extra compensation will not be allowed for this backfilling. B. When rock excavation is encountered,any portion of rock excavation which would otherwise be deposited in areas designated in the contract documents and not be incorporated in the embankments may be processed and used, royalty free,by the Contractor in any other portion of the construction in which material of that quality would be acceptable. Deduction will not be made from excavation quantities for rock so used. 1104.08 FINAL CLEANING UP.• A. Before final acceptance of the work,the Contractor shall remove all unused matenal and rubbish from the site of the work,remedy any objectionable conditions the Contractor may have created on private property,and leave the right-of-way in a neat and presentable condition.The Contractor shall not make agreements which allows salvaged or unused material to remain on private property within view of a road except when consistent with previous land use. B. All ground occupied by the Contractor in connection with the work,which is within view of or adjacent to a road, shall be restored. Restoration shall include appropriate smoothing to its onginal condition and may include making the area suitable for cultivation and, where vegetation has been disturbed,seeding of the area.All material removed from the work site because of the final cleaning operation shall become the property of the Contractor. C. Final cleaning up shall be subject to approval of the Engineer and in accordance with applicable regulations. 1104.09 RIGHT-OF-WAY. Right-of-way for the work will be provided without cost to the Contractor. Right-of-way will be made available to the Contractor on or before the date the notice to proceed is issued when the approximate starting date is designated,and on the date of execution of contract when the late start date or specified starting date is designated, unless a later date for right-of-way to be made available to the Contractor is designated in the contract documents. Permission of the property owner may be necessary to access some parcels prior to the letting. CD --1 c) `f f\) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 46 of 99 1104.10 RAILROAD CROSSINGS. Whenever the work involves construction with which railroad companies are concerned,the performance of the work is contingent upon arrangements with the railroad companies for the proposed construction. The performance of the work shall be in accordance with arrangements established by the Contracting Authority. The Contractor may make additional arrangements. Claims will not be allowed for loss or damage caused by failure of the railroad to comply with provisions of the agreement with the Contracting Authonty. The Contracting Authority will institute necessary legal action to enforce the conditions of its agreement with the railroad company. C, r rn c•o 31%' Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 47 of 99 Section 1105. Control of Work 1105.01 AUTHORITY OF ENGINEER. A. The Engineer will decide all questions which may arise as to the quality and acceptability of matenals furnished and work performed and as to the rate of progress of the work,all disputed and mutual rights between contractor,all contract documents,and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. Except as provided in Article 1109.12, the Engineer's decisions will be final. B. For authority to temporarily suspend work,see Articles 1105.07 and 1108.06. 1105.02 PLANS. A. The final plans on file in the office of the Contracting Authority, show the location, typical construction details, and dimensions of the work contemplated.The work shall be performed in conformity therewith,except in case of error or unforeseen contingency. B. The plans are made from careful surveys and represent the foreseen construction requirements. Any appreciable deviation from the plans made necessary to expedite construction,or because of error, shall be called to the attention of the other party, in writing, by the party discovering such conditions. If necessary, revised plans will be provided. 1105.03 WORKING DRAWINGS. A. The plans will be supplemented by such working drawings as are necessary to adequately control the work.Working drawings shall be furnished by the Contractor,as required by the contract documents.When certification by a Professional Engineer licensed in the State of Iowa is required, the certification shall be in the appropnate branch of engineering,for the work specified in the contract documents.Working drawings may include shop drawings of fabricated materials,erection plans, falsework plans.cofferdam plans, or other supplemental plans or data. Shop drawings for structures shall show fully detailed dimensions and sizes of all component parts of the structure. Prior to review of working drawings,any work done or material ordered shall be at the Contractor's risk.The Contractor shall understand that the Contracting Authority's review of working drawings submitted by the Contractor covers only requirements for strength and arrangement of component parts. The Contracting Authority assumes no responsibility for errors in dimensions and assumes the Contractor will use material complying with requirements of the contract documents or,where not specified,those of sound and reasonable quality, and will erect the subjects of such working drawings in accordance with recognized standards of first quality work or,when specified,in accordance with standards of the contract documents. If unanticipated and either unusual or complex construction procedures or site conditions occur,the Engineer may require the Contractor to submit such working drawings as, in the judgment of the Engineer,are necessary to satisfactorily complete the proposed construction. B. For non-Primary projects, working drawings shall be submitted to the Engineer unless noted otherwise in the contract documents. C. For Primary and Interstate projects, all submittals shall be processed by the Contractor and sent to the Review Office identified in Table 1105.03-1 below with a copy of the cover letter sent to the Resident Construction Engineer and District Materials Engineer.The cover letter shall include the following information: • Date of submittal or resubmittal • Project number • Description of submittal ry • Contractor's name,address, and telephone number • Number of submittal copies • Fabricators name, address,and telephone number(if applicable). :. �, ' �s rnut +: C.J •• Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 48 of 99 Table 1105.03-1: Review Offices for Working Drawings REVIEWREVIEW E DESCRIPTION OFFICE NUMBER OF COPIES (calendar days) Falsework for slab budges Bridges and 2 30 Structures Cofferdam design(when required) Bridges and 2 30 Structures - Reconstruction of substructure Bridges and (detailed plans for supporting the Structures 2 30 i superstructure) Steel Structures Bridges and 7 I 30 Structures Detail plans for falsework or Bridges and centering support of steel structures 2 30 (i.e.erection plans) Structures Steel and aluminum pedestrian hand Bridges and 2 30 rails Structures Highway sign support structures(i.e. Bridges and trusses,cantilevers,&bridge Structures 2 30 mounts) Precast concrete(i.e.deck panels, Bridges and RCB culverts,noise wall panels,arch Structures 2 30 sections.etc.) Tower lighting Bridges and 2 30 Structures Highway lighting Traffic& 2 30 Safety Highway signing steel breakaway Traffic and 2 30 posts Safety Traffic signalization' Traffic and 2 30 Safety Highway signing-Type A&B signs Traffic and 2 30 Safety Bridge components Bridges and 2 30 Structures Pre-engineered steel truss Bridges and 2 30 recreational trail bridge Structures Preliminary submittal: 3 design calculations,3 shop drawings,&3 30 Design field construction drawings MSE,segmental,&modular block (Soils Design retaining walla Section) Final submittal:3 design calculations,3 shop drawings,&3 14 field construction drawings Design Soil nail&tie-back retaining walls (Soils Design 6 final design plans 60 Section) Intermediate foundation improvement Design 4 design calculations&8 field (IFI)(i.e.stone columns.geopiers, (Soils Design construction drawings 30 etc.) Section) Removal of box girder bridges Bridges and 2 30 Structures Structural erection manual Bridges and 2 30 Structures Temporary shoring Bridges d 2 30N, Temporary sheet pile retaining wall Bridges and 2 C30'-- Structures Bridges and Safety grates for RCB culverts Structures 2 '' " ' 36; L 1 *Submittal time shall be within 45 calendar days from the date of award of contract. I it 1 C-) D Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 49 of 99 D. Unless specified otherwise in the contract documents,Contractor submittal time shall be subject to the specified review time and the Contractor's need based on their schedule for the work. E. When the contract documents specify submittals to be sent to the Design Consultant,copies of the cover letter shall be sent to the specified Review Office, Resident Construction Engineer,and District Materials Engineer. 1105.04 CONFORMITY WITH AND COORDINATION OF THE CONTRACT DOCUMENTS. A. In case of a discrepancy between contents of the contract documents, the following items listed by descending order shall prevail: 1. Addendum 2. Proposal Form 3. Special Provision 4. Plans 5. Standard Bridge Plans,Standard Culvert Plans,and Standard Road Plans 6. Developmental Specifications 7. Supplemental Specifications 8. General Supplemental Specifications 9. Standard Specifications 10. Materials I.M. B. Should there be a discrepancy between figures and drawings on any of the contract documents, the figures shall govern unless they are obviously incorrect. C. The Contractor shall not take advantage of any apparent error,omission,or discrepancy in the contract documents.The Engineer will be permitted to make such correction in interpretation as may be deemed necessary for the fulfillment of the intent of the contract documents subject to compensation as provided in Articles 1109.03, 1109.04 and 1109.16.Written notice of changes in the contract documents will be given to the Contractor by the Engineer. D. All work performed and all materials furnished shall be in reasonably close conformity with the lines,grades,cross sections,dimensions, and material requirements. including tolerances,shown in the contract documents. E. If the Engineer finds the material or the finished product in which the material is used is not within reasonably close conformity with the contract documents but that reasonably acceptable work has been produced,the Engineer will then make a determination if the work shall be accepted and remain in place. In this event,the Engineer will document the basis of acceptance by contract modification which will provide for an appropriate adjustment in the contract puce for such work or materials as is necessary to conform to the determination based on engineering judgment. F. If the Engineer finds the material or the finished product in which the material is used or the work performed is not in reasonably close conformity with the contract documents and has resulted in an inferior or unsatisfactory product,the work or material shall be considered unacceptable work and shall be removed and replaced or otherwise corrected by and at the expense o€t$a Contractor. 1105.05 SUPERVISION BY CONTRACTOR. r— " '_ The Contractor or a competent Superintendent must be on the project when constructiorrosti/ities rare takirid,. place. This representative must be capable of reading and thoroughly understanding the.:Go(rtractdOcuments and experienced in the type of work being performed.The Superintendent shall supervise direct,.4gd Fri control the Contractor's operations, personnel,work,and the subcontractor's operations. ; s' N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 50 of 99 Supenntendent shall have full authonty to execute orders or directions of the Engineer without delay and to promptly supply such materials,equipment, tools, labor, and incidentals as may be required.The Contractor shall give the Engineer written notification of the name of the Supenntendent.A copy of the official plans and specifications shall be available on the project site at all times. 1105.06 CONSTRUCTION STAKES. A. Minimum standards for Construction Survey provided by the Engineer will meet the requirements of Section 2526. The Engineer will set the necessary center line, slope, and grade stakes promptly upon notification by the Contractor that stakes are needed. B. For all structures, the Engineer will set stakes for roadway center line and such other stakes as are necessary to establish the location, elevation, and alignment of the structure. If requested by the Contractor, the Engineer will furnish stakes determining the center line of piers or pedestals, the faces of abutments, and angles of the wings or retaining walls.When these stakes or lines are given by the Engineer, the Contracting Authority will be responsible for the correctness thereof, and the Contractor shall be responsible for their proper use, interpretation, and preservation. C. The Contracting Authority will not be responsible for delays due to lack of grade or line stakes unless the Contractor has given the Engineer a 24 hour written notice that such stakes will be needed and the Contractor's work is being conducted in a satisfactory manner and at the specified rate of progress. D. The Contractor shall be responsible for the preservation of stakes and marks. If in the opinion of the Engineer any of the survey stakes or marks have been carelessly or willfully destroyed or disturbed by the Contractor, the cost of replacing them will be charged against the Contractor. 1105.07 AUTHORITY AND DUTIES OF INSPECTOR. The Contracting Authority may appoint inspectors to represent the Engineer in the inspection of materials used in and work done under the contract. Such inspection may extend to any part of the work and to preparation or manufacture of materials to be used. The inspector will not be permitted to modify in any way the provisions of the contract documents or to delay the work by failing to inspect materials and work with reasonable promptness.An inspector is placed on the work to keep the Engineer informed as to its progress and the manner in which it is being performed. Results of inspection tests and examinations will be available to the Contractor on an informational basis.Absence or presence of representative test data does not alter the Contractor's responsibility for compliance with the contract documents in accordance with Article 1104.01. The inspector will not act as supervisor or perform other duties for the Contractor,nor improperly interfere with management of the work. The inspector will not be authorized to approve or accept any portion of the work. In case of dispute between the Contractor and inspector as to quality of materials or manner of performing the work,the inspector has authority to reject materials or suspend the work until the question at issue can be decided by the Engineer.Written notice of suspension of work will be given to the Engineer and Contractor by the inspector. 1105.08 INSPECTION OF WORK. A. The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether the work is being performed in conformance with the contract documents.At any time before acceptance of the work, upon request of the Engineer, the Contractor shall remove or uncover such portions of finished work as the Engineer may direct.After examination has been made,the Contractor shall restore such portions of the work to the standard required by the contract documents. B. If work thus exposed or examined proves acceptable, the uncovering or removing and replacing of covering, or the restoring of parts removed,will be paid for as extra work, except that no payment will be made for work involved in checking smoothness of pavement surfaces. If work thus exposed and examined proves unacceptable, the Contractor shall replace the defective work in accordance with the specifications. If work thus exposed and examined proves either unacceptable or dfiirient, the Contractor will be paid only for work as finally accepted. ' C. Work done without the Engineer having been afforded ample opportunity to provide-suitable j • I inspection, or unauthorized work, may be ordered removed and replaced at the Cprltractoris7 •^ expense,or may be excluded from the quantities measured for payment. 6 N) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 51 of 99 1105.09 REMOVAL OF DEFECTIVE WORK. A. Any defective work shall be removed and replaced at the Contractor's expense. B. Should the Contractor fail or refuse to remove defective work when so ordered by the Engineer, the Engineer has authonty to order the Contractor to suspend further operations, and may withhold payment on estimates until such defective work has been removed and replaced in accordance with the contract documents. Continued failure or refusal on the part of the Contractor to correct defective work promptly will be sufficient cause for the Contracting Authority to declare the contract in default and to complete the work in accordance with Article 1 108.1 1. 1105.10 UNAUTHORIZED WORK. Unauthorized work or work done in excess of that provided by the lines and grades shown in the contract documents or as given by the Engineer will not be paid for. 1105.11 FINAL INSPECTION. Upon notification by the Contractor or the Contractor's authonzed representative that the work is completed. the Engineer shall make prompt final inspection of each item of work included in the contract. If the work is found not to be in accordance with the contract documents,the Contractor will be advised as to the particular defects to be remedied. 1105.12 RESTRICTIONS ON MOVING AND USE OF HEAVY EQUIPMENT. The following restrictions shall apply to the moving and use of heavy equipment: A. Movement of equipment to and from the protect shall be in compliance with the laws governing the operation of vehicles on the highways of Iowa. Movement and operation of equipment over completed portions of pavements, HMA surfaces,base courses, and structures which are a part of the project shall be with legal axle loads,except as modified in this article. B. In the case of earthwork and shouldering to be done in connection with either rigid or flexible pavement or pavement widening and resurfacing, earth moving equipment shall not be operated or dnven on or across the pavement, except as authonzed by the Engineer at designated equipment crossings. When equipment crossings are specifically permitted,the Contractor shall designate before use the location and number of equipment crossings to be used. The location of all equipment crossings shall be subject to the approval of the Engineer. The Engineer will not approve equipment crossings in areas of limited sight distance or near structures or railroad crossings or at any other location which will place safety of the traveling public in jeopardy. At these equipment crossings, equipment having axle loads greater than the maximum permitted by law may be used. Equipment crossings shall be 30 feet(10 m)in width measured along the center line of the road to e crossed and shall not be closer than 300 feet(100 m)to each other. Within the prescnbed limits, the Contractor may operate hauling equipment on the surface of the pavement or on a hauling bridge constructed by the Contractor. If an equipment crossing is used,the existing driving surface on the through road shall be restored at the end of each day's operation to safely serve traffic at expected speeds. The Contractor may install pavement protection at equipment crossings to reduce the surface restoration at the end of each day's operation. For each equipment crossing used, the Contractor shall, at the Engineer's option, either replace the pavement or pay the Contracting Authority at the rate of$7,500 dollars on the basis of a two lane pavement. r If a hauling bridge is used, it shall support loaded hauling equipment with no contact.with the pavement surface and will be subject to the Engineers approval.When a hauling bridge is ud, no pavement replacement or payment to the Contracting Authonty will be required. c� Pavement protection installations and hauling bridges shall accommodate two lan s!o'ubl41 r- traffic. They shall be removed from the through road at the close of each day's opelttoj s. r,., - w '� N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 52 of 99 C. Drag lines,cranes, or power shovels shall not be operated with any part of the machine resting upon a pavement, HMA surface, or base course except with approval of the Engineer and in accordance with restrictions in that approval. 0. For structures,the following equipment and material loads shall apply: 1. Only legal load vehicles and equipment will be permitted on structures unless approved by the Engineer. 2. Legal load vehicles and equipment will be subject to weight restrictions according to the posted limits. 3. All loads in spans where critical or damaged members, as indicated in the contract documents. are being repaired or replaced shall be subject to the approval of the Engineer. 4. Matenal loads stored on the structure shall be limited to a maximum weight of 20 tons(20 Mg). Distribution of load shall be governed by the following: a. If the material load is greater than 200 pounds per square foot(9.5 kPa)and less than 500 pounds per square foot(23.9 kPa), the loaded area will be restricted to an area 5 feet by 10 feet(50 square feet)(1.5 m by 3 m(4.5 m2))with a clear spacing of 15 feet(4.6 m) between loaded areas. b. If the material load is less than or equal to 200 pounds per square foot(9.5 kPa), the loaded area is only restricted by the 20 ton (20 Mg) maximum. 5. Construction vehicles and equipment not involved with the loading and unloading of stored material shall be restricted from operating within 10 feet(3 m)of the area where the material is stored. All vehicle,equipment, and material loads exceeding the limitations as stated above shall be submitted to the Engineer for checking and review prior to subjecting the loads to the structure. The Contractor shall include in their submittal all details, calculations, and assumptions. The calculations shall be certified by a Professional Engineer licensed to practice engineering in the State of Iowa. The above submittal requirements shall also apply to cranes or other construction equipments when: a. Other components are added resulting in overall weight greater than legally allowed or granted by special permit. b. The operational weight including construction loads is greater than legally allowed or granted by special permit. c. Load distribution is altered during operation due to the use of outriggers or other devices. E. Under no conditions shall machines equipped with metal lugs or similar projections on the treads be operated on the surface of a pavement, HMA surface, base course, or structures. F. For building shoulders on completed pavements of any type,the maximum axle load used for equipment operating on pavement shall not exceed the legal axle load. G. Crawler type equipment shall not be moved on or off a pavement or base course except at places where the compacted earth adjacent to slab is at least 2 inches(50 mm)higher than the surface of the pavement or base course. When heavy, crawler type equipment is moved on or off the edge of a pavement or base course, an adequate timber approach shall be built at the edge of slab:to prevent overloading or otherwise damaging the edge of the slab. H. Compacting equipment having axle loads greater than 20,000 pounds may be dsed n the:work.. r., under the following provisions: 47-) I --ic) - 1. The equipment shall be transported to and from the work and across the biles on-the work il in compliance with laws of the State of Iowa. C;^: 2. For compaction of subbase, the weight(mass)of the equipment used shall:mit-be Tinter than-,� that of compaction equipment used in correction of the roadbed for grace and crossrsection. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 53 of 99 3. For compaction of base course, the weight(mass)of the equipment used shall not be greater than the weight of the equipment used in compaction of the subbase on which the base is placed. 4. For compaction of surface courses,the weight(mass)of the equipment shall not be greater than that of equipment used in compaction of the base on which the surface course is placed. I. For grading or any other type of work, no equipment having an axle load greater than 50,000 pounds shall be operated over a culvert except as may be authonzed by the Engineer. 1105.13 TEMPORARY PRIMARY ROAD HAUL.ROADS. A. For Primary Road projects,the Department may designate any Secondary Road or city street, excluding officially designated temporary Primary Road detours,as a temporary Primary Road haul road,over which materials from any source are to be hauled, such as those listed below: 1. Soil for embankments or shouldering; 2. Sand,gravel, and crushed stone for base and subbase courses; 3. Roadway paving aggregates prior to mixing; 4. Granular surfacing or backfill; 5. Mixed HMA or PCC for paving,transported from the plant to the work site; 6. Broken or milled pavement. B. Designation of temporary Primary Road haul roads shall be as follows: 1. When materials such as those fisted,in an amount greater than 5000 tons(5000 Mg), are to be transported to the work by truck,and when requested by the Contractor,or on its own initiative,the Department will designate a temporary Primary Road haul road.In making such designation,the Department will only consider routes which are physically capable for such use. In addition,the Department will consider if the route submitted by the-Contractor is practical and feasible regarding length of haul, road conditions,traffic, and maximum utilization of the Primary Road System. The designation will include a separate return route from the project if requested by the Contractor when granular surfaced roads are to be used for the return route. If a separate return route is not requested by the Contractor, it will be designated by the Contracting Authority. 2. The Department reserves the right to designate as a temporary Primary Road haul road a route other than a route selected by the Contractor which is physically capable for such use: in this case,haul in excess of the route selected by the Contractor will be paid for by the Department. The Department will not designate,as a temporary Primary Road haul road, roads normally serving primarily as access to a regularly operated commercial source. 3. When temporary Primary Road haul roads are required,the Contractor shall submit the suggested haul route or routes to the Department within 21 calendar days after the approval for award. Haul route requests shall be submitted to the Engineer. These are to be the most reasonable and practical route or routes. They shall be suitable for use as the haul road or haul roads. In evaluating the feasibility of haul routes, the Contractor shall contact the appropnate local jurisdictions,prior to submitting the haul road request.Roads or bridges with load restrictions and low structural values will not be considered as feasible routes, physically capable of use by the Contractor. If the Contractor fails to provide haul road information within ;he time allowed, the Department will have the right to establish a route without increased compensation to the Contractor. C. Primary Roads and temporary Primary Road haul roads for the project shall be u5e3r deli+rery of materials for which routes are designated. "`t :. O'1 ��.. RTn -O 171 Zr` Ca Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 54 of 99 D. Prior to any revocation by the Department of the temporary Primary Road haul road designation, The Department will comply with Subsections 1, 2,and 3 of Section 313.28 and Section 313.29, Code of Iowa. If restorative work is ordered to be done by the Contractor, payment will be made as extra work in accordance with Article 1109.03. 1105.14 PROTECTION OF WATER QUALITY AND WETLANDS. A. The Contractor shall comply with the requirements of the Clean Water Act(33 U.S.C. 1344 and 33 CFR 323)and Executive Order 11990.When it becomes necessary for the Contractor to work in waters of the United States.the Contractor shall be aware that a Section 404 permit may be required. B. When required,the Contracting Authority will obtain a Section 404 permit for essential work on the right-of-way prior to the award of the contract. The Contractor shall adhere to the requirements of the permit.Activities occurring in or across waters of the United States not specifically reviewed and approved in the permit are not authorized. If the Contractor desires to use construction methods that are not specifically approved by the permit,the Contractor shall be responsible for obtaining approval in the form of a new Section 404 permit from the U.S.Army Corps of Engineers and possibly Iowa DNR. The Contractor shall not use construction methods that require additional mitigation by the Contracting Authority. The Contractor will not be granted additional compensation or contract time due to their request for a new permit. If, however, due to no fault of the Contractor, a Section 404 permit modification involving activities within the right-of-way is deemed necessary by the Engineer,additional contract time and/or compensation may be considered. C. Projects that are regulated by the requirements of a Clean Water Act Section 404/401 Permit will be identified in the contract documents. The Contractor shall comply with the following requirements in order to meet the general conditions of Clean Water Act Section 404/401 Permits. 1. Historic or Archaeological Remains. The Contractor shall comply with Article 2102.03. J. 2. Inspection. The Contractor shall allow representatives from the Iowa Department of Natural Resources or U.S.Army Corps of Engineers to inspect the work any time deemed necessary to ensure that the work is being accomplished in accordance with the terms and conditions of the contract documents and permit. 3. Timing. The Contractor is encouraged to conduct construction activities during a period of low flow unless otherwise agreed upon by the Engineer. 4. Vegetation Clearing. Clearing of vegetation, including trees located in or immediately adjacent to waters of the state, shall be limited to that which is absolutely necessary for construction of the project as indicated in the contract documents. Vegetative clearing material shall not be disposed of in wetlands unless otherwise indicated in the contract documents. 5. Disposal and Handling. All construction debris shall be disposed of at upland, non-wetland locations so that it cannot enter a waterway or wetland. Construction equipment, activities,and materials shall be kept out of the water to the maximum extent possible. Equipment for handling and conveying materials during construction shall be operated to prevent dumping or spilling the materials into waterbodies,streams,or wetlands except as approved by the Engineer. Care shall be taken to prevent petroleum products,chemicals,or other deleterious materials from entering waterbodies, streams,or wetlands. 6. Erosion Control. Erosion control features shall be installed by the Contractor in accordance withSections:'2601 and 2602. f,'.) -Cr rri (1 " 3 C.J `4A✓ Y N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 55 of 99 7. Revegetatlon. All disturbed areas not covered with revetment shall be seeded in accordance with Section 2601. 8. Temporary Fills. If temporary crossings,causeways, or work pads are needed for the work, then temporary structures and fills shall be constructed in accordance with Section 2547. 9. Flowable Mortar. Flowable mortar shall be installed in accordance with Section 2506. 10. Bridge Removal. When bridge removal is identified in the contract documents, the bridge and piers shall be removed in accordance with Section 2401. Debris from budge removal that falls into the water shall remain there only temporarily and shall be removed by the Contractor. 11. Revetment. Revetment materials shall comply with Section 4130. 12. Indiana Bats. Suitable habitat for the Indiana bat(Myotis sodalis),as identified by the Contracting Authority, shall be removed between September 15th and April 15th when Indiana bats are not expected to be using potentially suitable trees. The Contractor shall limit removal of forest cover to those areas which are absolutely necessary for the construction of the work.Questions regarding this condition shall be directed to the Engineer. 13. Navigation. No activity shall cause more than a minimal adverse effect on navigation. Safety lights and signals required by the contract documents shall be installed on authorized facilities in navigable waters of the United States. Payment will be made in accordance with Article 1109.03. 14. Aquatic Life Movements. When indigenous aquatic life has been identified in the contract documents. no activity shall substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area. 15. Spawning Areas. When spawning areas and spawning seasons have been identified in the contract documents, the Contractor shall limit activities in spawning areas during spawning seasons and avoid these areas. Contractor's activities that result in physical destruction(e.g.,through excavation. fill, or downstream smothering by substantial turbidity)of an important spawning area will be prohibited, unless otherwise indicated in the contract documents. 18. Migratory Bird Breeding Areas. When migratory bird breeding areas have been identified in the contract documents, activities in waters of the United States that serve as breeding areas for migratory birds shall be avoided by the Contractor. 17. Shellfish Beds. When shellfish beds have been identified in the contract documents, no construction activity shall occur in areas of concentrated shellfish populations. 18. Suitable Material. No activity shall use undesirable material (e.g. trash, debris,car bodies,asphalt, etc.). .? Discharged material or material used for construction shall be free from toxic.poilutants-m toxic amounts in accordance with Section 307 of the Clean Water Act. • 19. Water Supply Intakes. ---- Unless otherwise indicated in the contract documents, no activity shall occur4n tho prIRRnity o� a public water supply intake, except where the activity is for repair or improve/Ai:4i of p4lic I11 .eater supply intake structures or adjacent bank stabilization. N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 56 of 99 20. Adverse Effects From Impoundments. If construction activity creates an impoundment of water, adverse effects to the aquatic system ,tue to accelerating the passage of water, or restricting its flow shall be minimized. 21. Management of Water Flows. To the maximum extent practical;the pre-construction course, condition, capacity, and location of open waters shall be maintained by the Contractor during construction, including stream channelization and storm water management activities. 22. Equipment Heavy equipment working in wetlands or mudflats shall be placed on mats, or other measures shall be taken to minimize soli disturbance. 23. Endangered Species. No activity will be authorized which will jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or will destroy or adversely modify the cntical habitat of such species. 24. Historic Properties. No activity will be authorized which violates the requirements of Section 106 of the National Historic Preservation Act. 25. Mitigation. The work shall be constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States at the project site(i.e.,on site). 1105.15 VALUE ENGINEERING PROPOSAL. A. The Contractor may submit wntten Value Engineering (VE)Proposals to the Engineer, for changing the plans, specifications, or other contract requirements. The purpose of this provision is to encourage the Contractor to suggest alternative lower cost or more efficient construction and to share with the Contractor any cost savings. The changes shall not impair the essential functions or charactenstics of the project, including but not limited to service life,economy of operation,ease of maintenance, desired appearance,or design and safety standards. B. VE Proposals shall contain the following information: 1. Existing requirements and proposed changes; 2. Contract requirements that must be changed if the VE proposal is adopted; 3. A detailed cost estimate of performing the work as stipulated and as proposed; 4. The time within which the Engineer must make a decision thereon; 5. The items of work affected by the proposed changes, including quantity variations; 6. A statement that the VE proposal is submitted pursuant to the provisions of Article 1105.15. C. The provisions of this article do not require the Engineer to consider any VE proposal that is submitted. Proposed changes that involve the basic design of a bndge or pavement type,or.involve the use of mechanical dowel bar inserters will not be considered an acceptable incentive pFoposal. D. If a VE proposal is similar to a change in the contract documents under consideratiofi..dy tf a Contracting Authority for the project at the time the VE proposal is submitted,or iftFttt''VE proposal.,, is based on or similar to standard specifications, special provisions, or plans ado tic y the Contracting Authority, the Engineer will not accept the VE proposal. --4 C") E. The Contractor shall continue to perform the work in accordance with contract regc1iremen€�s=until a_.,,� change order incorporating the VE proposal has been processed. If a change order has nQtieen 't... Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 57 of 99 processed by the date on which the Contractor's VE proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, the proposal shall be rejected. F. The Contracting Authority will not be liable to the Contractor for failure to accept or act upon any VE Proposal submitted or for any delays to the work attnbutable to any such VE proposal. G. The Engineer shall be the sole judge of the acceptability of a VE proposal and of the estimated net savings in constniction costs from adoption of all or any part of such VE proposal. In determining the estimated net savings,the right is reserved to disregard the contract bid prices if, in the judgment of the Engineer,the prices do not represent a fair measure of the value of work to be performed or to be deleted. H. The Contracting Authority reserves the right to require the Contractor to share in the Contracting Authority's costs of investigating a VE proposal.Where this condition is imposed, the Contractor shall indicate acceptance in writing, and acceptance may constitute authority for the Contracting Authority to deduct up to 50%of the investigation costs from any money due to the Contractor resulting from the change. I. If the Contractor's VE proposal is accepted in whole or in part, such acceptance will be by change order. The change order will incorporate the changes in the contract documents which are necessary to permit the VE Proposal to be put into effect, and will include any conditions upon which the Contracting Authority's approval is based. The change order shall also set forth the estimated net savings in the cost of performing the work attributable to the VE proposal effectuated by the change order, and will further provide that the Contractor be paid 50%of the estimated net savings amount. J. Acceptance of the VE proposal and performance of the work will not extend the time of completion of the contract, unless specifically provided for in the change order authorizing the proposal. K. The amount specified to be paid to the Contractor in the change order for a VE proposal shall constitute full compensation to the Contractor for the proposal and performance of the work. L. The Contracting Authority reserves the right to adopt a VE Proposal for general use on contracts administered by the Contracting Authonty when it determines that a VE proposal is suitable for application to other contracts. When an accepted VE proposal is adopted for general use,only the Contractor who first submitted this VE proposal will be eligible for compensation according to this article,and in that case,only on those contracts awarded to the same Contractor prior to submission of the accepted VE proposal and on which such VE proposal is also submitted and accepted.VE proposals identical or similar to previously submitted VE proposals will be eligible for consideration and compensation under provisions of this article if those VE proposals were not adopted for general application to other contracts administered by the Contracting Authonty. Subject to the provisions contained herein, the State or any other public agency will have the right to use all or any part of any submitted VE proposal without obligation or compensation of any kind to the Contractor. M. The Contractor is encouraged to include the provisions of this article in contracts with subcontractors. All VE proposals by subcontractors shall be submitted by the prime contractor. CD c— c-)--( I ye `t rry N� co 0 �' N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 58 of 99 Section 1108. Control of Materials 1108.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. A. Matenats used in work shall meet all quality requirements of the contract. In order to expedite inspection and testing of materials, the Contractor shall notify the Contracting Authority in writing of the proposed sources of materials promptly after being awarded the contract.Any material shall be produced with a reasonably uniform quality and within requirements specified; the producer shall perform quality control tests and evaluations the producer believes necessary to control the product adequately.All materials for use in the project are subject to inspection and tests at any time prior to being incorporated into the work. B. For the convenience of the Contractor and when convenient to the Contracting Authonty, materials may be inspected at the site of production. Matenals tested and found in compliance at the site of production may be later inspected for reasonable conformance and will be rejected for obvious mistakes, contamination, quality change, or mishandling. To avoid later rejection, materials which usually show an extreme change in character or quality prior to or during the process of incorporation into the work should be produced to more rigid limits than those required by the specifications. At the option of the Engineer, approval of the source,or approval of materials at the source pnor to delivery, may be required. If it is found after examination that sources of supply for previously approved materials do not produce specified products or when conditions are such that use of unfit materials can not be prevented except by extraordinary inspection methods, the Contractor shall furnish materials from other sources. Before delivery, and at any time during the process of preparation and use, materials shall be subject to the approval of the Engineer. C. Materials which are not previously inspected will be inspected at the project site. Acceptance at this time will be based on sampling and testing, producers certifications, visual inspection, or any combination of these at the discretion of the Engineer. D. Use of materials on the basis of the producer's certification, quality control tests, and evaluations may be permitted or required.Contractor and supplier laboratones performing testing for all projects on Interstate and Primary routes shall be qualified laboratones in accordance with Materials I.M. 208. The Engineer may require specific data obtained by qualified persons and procedures be provided with the material when delivered. Certified gradation testing by a certified aggregate technician will be required for all aggregates to be furnished by the Contractor, and this shall be done in accordance with Materials I.M. 209 and 213. This requirement shall apply to aggregate furnished in accordance with Article 1106.03 only when gradation of that aggregate is a contract requirement. 1106.02 SAMPLES AND TESTS. A. Each consignment of material shall be tested or inspected before being incorporated into the project and shall be approved by the Engineer in charge of the contract before it is used. The Contractor shall afford such facilities for collecting and forwarding samples as the Engineer may require. B. When not designated in the standard or supplemental specifications or Materials I.M.s, the inspection,sampling, testing, and basis of acceptance of materials shall be in accordance with the current AASHTO"Standard Specifications for Transportation Materials and Methods of Sampling and Testing," including published interim standards. 1106.03 STORAGE OF MATERIALS. The Contractor shall be responsible for care and storage of materials delivered to the project site or, purchased for use. Material that has been delivered to the project site and has become damaged ori contaminated before actual incorporation in the work may be rejected by the Engineer even thnUgntd-may I have been previously acceptable. Stored materials shall be so located as to facilitate thorqugh inspections. t .1 -tU Fri 1106.04 UNACCEPTABLE MATERIALS. (.) x ;.D All materials not conforming to requirements of the specifications at the time they are to be used shratt be considered unacceptable, and these materials will be rejected and shall be removed immediately from the work site unless otherwise instructed by the Engineer. Rejected material shall not be used until the defects have been corrected and approval has been given. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 59 of 99 1108.05 AGGREGATE FURNISHED BY COUNTY. On some Secondary asphalt concrete paving or base construction projects, part or ail of the aggregates may be furnished by the County in the pit, stockpile,or on the road, as stated in the contract documents. When the proposal states that the County will furnish the aggregate, the material will be furnished in the designated pit, stockpile, or on the road without cost to the Contractor, unless otherwise stated. A. Aggregate Furnished by County in Pit. 1. When aggregate is furnished by the County in a pit,the Contractor will be required to do all work necessary,including stripping,pumping, processing,and hauling, to produce pit run material or material of the quality specified.The operation in any county owned or county controlled pit will be under the general direction of the County Engineer.All gravel aggregate produced for base construction or produced from wet pits for any part of the construction shall be stockpiled for a period of not less than 24 hours before being used in the project. 2. In the operation of the pits,the Contractor will be required to conduct the work in such a manner that a uniform product is obtained.This may require working full faces,partial faces, and/or simultaneous operations from different locations in the pit,as directed by the Engineer. All oversize aggregate less than 8 inches(200 mm)in diameter shall be crushed to pass the 3/4 inch (19 mm)sieve. B. Aggregate Furnished by County in Stockpile. When aggregate is furnished in a stockpile or stockpiles at stated locations,the Contractor will not be responsible for quality of the aggregate unless designated,but the Contractor will be required to mix, blend, haul,compact the material, and do all other work necessary to incorporate this material into the project. C. Aggregate Furnished by County on Road. When aggregate is furnished on the road,the material will be deposited by dumping the required amount onto the road. The Contractor will not be responsible for quality of the aggregate unless designated,but the Contractor will be required to windrow,equalize,mix, blend,wet,compact the material, and do all other work necessary to incorporate this material into the project. D. Filler. When it is possible to predetermine,with a reasonable degree of accuracy, that the aggregate specified for use and furnished will require the addition of filler or another aggregate to produce a workable and satisfactory mixture,the contract documents will identify the filler or other aggregate and will include an estimate of the quantity and a basis of payment. O i CD Cs% rn rr pin co fv Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 60 of 99 Section 1107. Legal Relations and Responsibility to the Public 1107.01 LAWS TO BE OBSERVED. A. The Contractor is presumed to be familiar with all laws, ordinances,and regulations that may in any manner affect those engaged or employed upon the work,or materials or equipment used in or upon the work, or that may in any way affect the conduct of the work. The Contractor shall so conduct the work that conflict with any such laws, ordinances,or regulations will be avoided, and the Contractor shall save harmless the Contracting Authonty and its representatives against any claims arising from violation thereof. B. The provisions of Chapter 73, Code of Iowa,concerning preference for Iowa products and labor shall not apply to contracts involving work financed wholly or in part by the Federal Government. C. All contractors must register with the Labor Commissioner as required by the Code of Iowa. Chapter 91C. For State contracts, this registration must be on file prior to the award of contract. D. Contractors shall indicate whether or not they are an"out of state contractor", as defined in Iowa Code Section 103A.3. E. Except for contracts that are for materials only, all out of state contractors shall file a surety bond for contracts involving non-Federal-aid projects in excess of$5,000 in value prior to commencing a contract. This surety bond shall be filed in accordance with the Code of Iowa, Section 91C.7. It shall be filed with the Division of Labor Services of the Department of Workforce Development. The value of this surety bond shall be$1,000 or 5%of the total contract amount,whichever is greater. 1107.02 INSURANCE. A. Liability Insurance for All Projects. 1. It shall be the Contractor's responsibility to have liability insurance covering all of the construction operations incident to contract completion and the Contractor must have on file with the Contracting Authority a current"Certificate of Insurance"prior to award of contract. The certificate shall identify the insurance company firm name and address. Contractor firm name, policy period, type of policy, limits of coverage, and scope of work covered (single contract or statewide). This requirement shall apply with equal force, whether the work is performed by persons employed directly by the Contractor including a subcontractor, persons employed by a subcontractor,or by an independent contractor. 2. In addition to the above, the Contracting Authority shall be included as an insured party, or a separate owner's protective policy shall be filed showing the Contracting Authority as an insured party. 3. The liability insurance shall be written by an insurance company(or companies)qualified to do business in Iowa. For independent contractors engaged solely in the transportation of materials, the minimum coverage provided by such insurance shall be not less than that required by Chapter 325A, Code of Iowa, for such truck operators or contract carriers as defined therein. For all other contractors, subcontractors, independent contractors, and the Contracting Authonty, the minimum coverage by such insurance shall be as follows: General Liability, Including: BODILY INJURY Independent Contractors $500,000 Each Occurrence Contractual Liability, $500,000 Aggregate Products and Completed Operations PROPERTY DAMAGE — $250,000 Each Occurrence 5250,000 Aggregate CD ) or 7-r 1 y® BODILY INJURY AND PROPERTY DAMAGE ---IC') O' -COMBINED SINGLE LIMIT' -<^ -73 CIT1 $750.000 Each Occurrence $750,000 Aggregate CD Ij"" ml fV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 61 of 99 'A comprehensive Catastrophe Liability Policy(Umbrella)can be used to aid in achieving the minimum required limits. 4. Failure on the part of the Contractor to comply with the requirements of this article will be considered sufficient cause to suspend the work,withhold estimates, and to deny the Contractor from receiving further contract awards, as provided in Article 1103.01. B. Insurance When Working In Railroad Right-of-Way. 1. General. This section shall apply when specified in the proposal form.When work is to be performed within railroad right-of-way, this specification prescribes provisions for Public Liability and Property Damage Insurance obtained by the Contractor for their own operations; and on behalf of railroads on or about whose nght-of-way the Contractor is required to work in during the construction of highway projects. 2. Applicability. This specification applies to the following: a. To Contractor's legal liability for bodily injury to or death of persons and for injury to or destruction of property. b. To the liability which may attach to railroads for bodily injury to or death of persons and for injury to or destruction of property. c. To damage of property owned by or in the care, custody, or control of the railroads. both as liability or damage may apse out of the Contractor's operations, or may result from certain work, described in Article 1107.02, B, 5, that may be performed by railroads at or about railroad rights-of-way, in connection with the construction of highway projects. 3. Contractor's Public Liability and Property Damage Insurance. a. The Contractor may be subject to liability with respect to bodily injury or death of persons, and damage or destruction of property,which may be suffered by persons other than their own employees as a result of their operations in connection with construction of highway projects located wholly or partly within railroad right-of-way. Protection to cover such liability of the Contractor shall be furnished under regular Public Liability and Property Damage Insurance policies issued in the name of the Contractor. These policies shall be written to furnish protection to the Contractor respecting their operations in performing work covered by their contract. b. When the Contractor sublets a part of the work on any project to a subcontractor, the Contractor shall secure insurance protection in the Contractor's own behalf under the Contractor's Public Liability and Property Damage Insurance policies to cover any liability imposed on the Contractor by law for damages because of bodily injury or death of persons and damage or destruction of property as a result of work undertaken by these subcontractors. In addition, the Contractor shall provide for and on behalf of any such subcontractor's protection to cover like liability imposed upon the latter as a result of their operations by means of separate and individual Public Liability and Property Damage policies; or, in the alternative, each subcontractor shall provide satisfactory insurance on the subcontractor's own behalf to cover the subcontractor's individual operations. c. The Contractor shall furnish to the Department evidence that the insurance coverages required herein have been provided. The Contractor shall also furnish a copy of this evidence to the railroad or railroads involved. The insurance specified shall be kept in force until all the work required to be performed shall have been satisfactorily completed and accepted in accordance with the contract under which the construction work is undertaken. 4. Railroad Protective Insurance. In connection with highway projects for the elimination of hazards of railroad highway crossings and other highway construction projects wholly or partly within railroad right-of-way, railroad protective liability insurance shall be purchased on behalf of the railroad by the,:_:.„)� Contractor. The standards for railroad protective insurance established by this specificFton shall be adhered to insofar as the insurance laws of the State will permit. %.--;mac! I = N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 62 of 99 5. Standards for Railroad Protective Insurance. a. Coverage shall be limited to damage suffered by the railroad on account of occurrences arising out of the work of the Contractor on or about the railroad nght-of-way, independent of the railroad's general supervision or control, except as noted in Paragraph b, 4, b below. b. Coverage shall include: 1) The death of or bodily injury to passengers of the railroad and employees of the railroad not covered by State Workmen's Compensation laws. 2) Personal property owned by or in the care, custody or control of the railroads, 3) The Contractor, or any of the Contractor's agents or employees who suffer bodily injury or death as a result of acts of the railroad or its agents, regardless of the negligence of the railroad, and 4) Negligence of only the following classes of railroad employees: a) Any supervisory employee of the railroad at the job site, b) Any employee of the railroad while operating, attached to, or engaged on,work trains or other railroad equipment at the job site which are assigned exclusively to the Contractor, or c) Any employee of the railroad not within a)or b)above who is specifically loaned or assigned to the work of the Contractor for prevention of accidents or protection of property,the cost of whose services is borne specifically by the Contractor. c. The maximum dollar amounts of coverage with respect to bodily injury, death, and property damage is limited to a combined amount of$2 million per occurrence with an aggregate of$6 million applying separately to each annual penod. 6. Form of Insurance Policy. The policy forms and endorsements shall be those adopted by the companies for use in the State of Iowa. 7. Payment. Payment to the Contractor for insurance required in the contract documents shall be considered as incidental to other items in the contract. 1107.03 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all necessary permits and licenses: pay all charges,fees, and taxes: and give all notices necessary and incident to the due and lawful prosecution of the contract. 1107.04 PATENTED DEVICES,MATERIALS,AND PROCESSES. A. The Contractor and Contract Surety shall indemnify and save harmless the Department, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any patented or copyright item. B. The Contractor shall indemnify the Department for costs, expenses,and damages that may be obligated for payment by reason of an infringement during the prosecution of the work or after completion of the project. 1107.05 RESTORATION OF SURFACES OPENED BY PERMIT. A. Prior to final acceptance, if any repairs to the roadway are necessary due to construction or repair of drains or sewers, laying or repainng of pipes or conduits for telegraph or electric wires, or from any other disturbance of the roadway under permission issued by the Contracting Authority, the Contractor shall, upon notification by the Engineer, immediately make necessary repairs ir►�� conformance with the contract documents. These repairs shall be paid for per Article 11033, B; however, compensation will not be allowed wnen these repairs are made necessare..4y the Contractor's negligence or carelessness. B. The Contractor shall not authorize any person or persons to make an opening in the_road ett@y unless a permit,duly authonzed by the Contracting Authority, is presented. :7(1- 17-1 (- i I ■ 1 W C..3 Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 63 of 99 1107.06 FEDERAL PARTICIPATION. A. The attention of the Contractor is directed to the provisions of an act of Congress known as Title 23, United States Code, Section 1 and any other acts of Congress providing for road improvements. When the Federal Government is to pay all or any portion of the cost of an improvement or project, the construction work, although it is under the supervision of the Department and subject to laws of the State of Iowa, is also subject to the above mentioned acts of Congress and to all authorities. This construction work shall be subject to inspection by duly authonzed agents of the Federal Government, but this inspection will not make the Federal Government a party to the contract. B. On all contracts involving Federal-aid, all products of iron, steel,or a coating of steel which are incorporated into the work must have been manufactured in the United States. The Engineer may allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0.1%of the contract sum or$2,500,whichever is greater. The Contractor shall certify that these matenals are of domestic origin. 1107.07 SAFETY, HEALTH,POLLUTION, AND SANITATION. A. In the performance of the contract,the Contractor shall comply with all applicable laws,rules, regulations,and ordinances governing safety, health, pollution, sanitation, noise control, and disposal of waste materials. The Contractor shall also make available such additional safeguards, safety devices, protective equipment, and take such actions as are reasonably necessary to protect the life and health of employees and the public.Violations of property promulgated laws, rules. regulations, and ordinances reported to the Engineer by responsible agencies may result in the issuance of a suspension order until such time as the violation is corrected. B. The Contractor shall make adequate provisions satisfactory to the Engineer for safety of inspectors, particularly at sampling locations. Provisions shall include guards for moving belts, pulleys, and wheels near the sampling point and a stable platform when sampling is to be done from an elevated location. C. There shall be suitable retention dams in areas where approved liquid asphalt matenals or asphalt binder are stored and used, to minimize pollution of nearby areas from effects of normal rains. The Contractor shall take other necessary precautions to prevent pollution of streams, lakes, ponds, reservoirs, and other areas with fuels,oil, bitumens, chemicals,or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. D. Machinery must be properly maintained at all times in order to limit engine noise as well as other extraneous noise. E. When directed by the Engineer, and with no additional compensation, the Contractor shall apply water to the construction area and haul routes, as necessary, to prevent the spread of dust. On Primary Roads and Primary Road extensions, on temporary Primary Road haul roads, and when designated in the contract documents construction areas adjacent to Primary Roads on which traffic is maintained, the Contractor will be paid for watering ordered by the Engineer at the rate of $15 per thousand gallons($4 per kL). 1107.08 PUBLIC CONVENIENCE AND SAFETY. A. If traffic is to be maintained through the project, the Contractor shall conduct the work to assure the 'east possible obstruction to access by the residents along the project. The Contractor shall schedule and conduct the work in such a way as to provide for their safety and convenience.Work and materials required by the Engineer for public convenience and safety in excess of that provided for in the contract documents will be paid for per Article 1109.03, B. c:r B. Whenever it is practical to do so,the Contracting Authority will close the portion pf jhe road-tinder construction, provide a detour, and cause suitable detour signs to be erected to rn suc{hdetour`" u C. When it is not practical for the Contracting Authority to close the road for construction;.the t ` Contractor will be expected to perform the work under traffic. The contract documents willrrr9dicate- this fact and provide instruction for handling traffic through the work. Unless othervyrise stataFi in the-4•-? 3 N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 64 of 99 contract documents, all work shall be performed by the Contractor between the hours of 30 minutes after sunrise to 30 minutes before sunset. D. Except when the contract documents indicate the road is to be closed, during all pavement widening, base widening, and HMA resurfacing work, traffic will be permitted to use the routes involved at all times and shall not be delayed unnecessarily. Where a pavement or base is being widened, the machine depositing material shall operate within the designated work area. Construction equipment may be stored within the right-of-way, as far from the traveled way as is practical, but the roadbed shall be free of Contractor's equipment during non-working hours. the work shall be planned and conducted to cause a minimum delay or interference with traffic. E. When work on a traveled way necessitates diverting traffic from a work lane to another lane, material, mobile equipment, and vehicles shall occupy the work lane to the minimum extent and for the minimum time necessary, and non-mobile equipment shall be removed from the work lane promptly after its operation is completed in that lane. F. On two-lane roadways, a work area shall be established only on one side of the roadway and there shall be no parking of vehicles or equipment on the opposite shoulder within 500 feet(150 m)of the •,vork area. G. The location for storage of equipment by the Contractor during nonworking hours shall be as reviewed and approved by the Engineer prior to use. H. Parking of private vehicles on Interstate nght-of-way will not be allowed. Parking of unattended equipment within the median or storage of equipment within 50 feet(15 m)of the edge of pavement will not be allowed. I. Matenals stored within the highway right-of-way shall be placed to cause a minimum obstruction to traffic.Sidewalks,gutters,sewer inlets, and portions of highway adjoining the roadway under construction shall not be obstructed more than is necessary. J. When the shoulder work is a part of the contract for work on a project open to public traffic during construction, the Contractor shall coordinate the operations so that the length and degree of pavement edge drop-off caused or partly caused by the operations are minimized. K. Shoulder construction in conjunction with PCC overlay or HMA resurfacing shall meet the following: 1. Paved Shoulders (Partial or Full Width). Construction shall be staged so no drop-offs exist at the pavement or shoulder edge when the adjacent lane is to be opened to traffic.The pavement edge drop-off requirement shall be satisfied with an HMA shoulder fillet. This fillet shall extend into the shoulder area a minimum of six times the thickness of the drop-off and shall be placed poor to the adjacent lane being opened to traffic. Compaction of the HMA fillet shall be a minimum of one coverage with a pneumatic tired roller per 1 inch(25 mm)of thickness. The fillet shall be removed prior to start of shoulder paving. The shoulder edge drop-off requirement shall be satisfied with a granular fillet, meeting the requirements of the following paragraph. 2. Granular Shoulders. Construction shall be staged so no drop-offs exist at the pavement edge when the adjacent lane is to be opened to traffic. The drop-off requirements shall be satisfied with a shoulder fillet or full shoulder width of granular material according to Article 2121.03. The fillet shall extend into the shoulder area a minimum of six times the thickness of the drop-off and shall be placed prior to the adjacent lane being opened to traffic. Compaction of the fillet shall be a minimum of one coverage with a pneumatic tired roller per 1 inch (25 mm)of thickness. L. When the Contractor works on a bridge spanning a roadway or passageway, the Contractor shall take all necessary steps to protect the public using the facility below the bridge from falling adbns, material,or construction equipment. The Contractor shall submit a safety procedu( written.:p7an to :he Engineer prior to starting work. The plan shall include the following: • Design of the means and methods used to provide protection. jam_I • Ail assumptions used in the design. t crN r- -iC-7 —r IV r� Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 65 of 99 Evaluation of the plan and design may require its preparation by a Professional Engineer licensed in the State of Iowa. If so, the costs will be paid for in accordance with Article 1109.03. B. 1107.09 BARRICADES AND WARNING SIGNS. A. Barricades, warning signs, and other aspects of traffic control shall be in accordance with the contract documents. In providing adequate and proper traffic control, both the Contracting Authority and the Contractor have certain responsibilities. 1. Responsibilities of the Contracting Authority. a. Advance Notification. Whether a road is closed for construction or traffic is to be maintained during construction, the Contracting Authority will furnish, erect, and maintain such suitable advance warning signs, warning lights, and barricades as it deems appropnate outside the project area, in addition to those barricades and signs required to be erected by the Contractor. If necessary,where a road is closed for construction,a marked detour will be established_ b. Primary Road intersections. The Department will furnish, erect, and maintain such suitable advance warning signs, warning lights, and bamcades as it deems appropnate where a Primary Road intersects a Primary project to provide a marked detour for through traffic using the intersecting Primary route or to provide advance notification to through traffic using the intersecting Primary Road and passing through the intersection.A marked detour may allow public traffic to use the intersection. c. Secondary Projects. Where a Secondary Road project requires work within a Primary Road right-of-way or extension of the nght-of-way across the Secondary Road, the Primary Road shall be protected as a Primary project through which traffic is maintained. The Department will furnish, erect,and maintain such suitable advance warning signs,warning lights, and barricades as it deems appropriate. The County will notify the Department so this protection can be provided for Secondary projects. d. Availability. Except when there is an item for traffic control, ail signs and traffic control devices(except pilot car signs and flagger signs)will be made available to the Contractor at a nearby site designated by the Engineer. They will be furnished by the Contracting Authority. Replacement materials will also be furnished as necessary. e. Additional Notification. Any additional signs, barricades, or notification beyond the project area deemed appropnate by the Engineer will be the responsibility of the Contracting Authority. f. Regulatory and Warning Signs. The Contracting Authority will erect prior to construction any additional special regulatory or warning signs required due to construction that are located outside of the project limits. This does not apply to warning and regulatory signs specifically required for traffic control zones necessary for construction activities defined in the contract documents. g. Suspensions. By agreement, the Contracting Authority will accept responsibility for maintenance of signs and bamcades when works suspended for 30 calendar days or more,or when such time of suspension is anticipated. 2. Responsibilities of the Contractor. a. General. 1) The Contractor shall be responsible for placing and maintaining proper bamcades, warning signs, and other traffic control devices on the project,and the Contractor shall take every reasonable precaution to prevent traffic from interfering with the work and to prevent the work from interfering with the traffic;and shall take every reasonable precaution to provide for safety of the general public traveling torough, within, along, and across the project.Where the road is closed for construction, the Contractor shall take every reasonable precaution to protect the work and equipment and to provide for safety of the public. When traffic is to be maintained,through the -" construction, the Contractor shall erect and maintain all signs;furnish,erect€.and maintain all other traffic control devices and other safeguards; provide ail flaggers .� necessary to protect the traveling public. Payment for this work wiajga in ac dance with Article 2528.05. co • N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 66 of 99 2) The Contractor shall furnish, erect, and maintain ROAD WORK AHEAD and END ROAD WORK signs at the mainline limits of individual work areas on highway construction or contract maintenance projects where traffic is maintained through a traffic control zone. The ROAD WORK AHEAD sign shall be placed to identify where traffic enters a traffic control zone. the END ROAD WORK sign shall be placed to Identify where traffic leaves a traffic control zone and be located at least 500 feet(150 ml beyond the work area. Should more than one contractor be working on the project, the Engineer will assign the responsibility for these signs. b. Intersecting Local Public Roads. 1) When a road closed for construction intersects other local public roads within a project,the Contractor shall erect and maintain barricades and warning signs in accordance with the contract documents. Payment for this work will be in accordance with Article 2528.05. 2) The responsibility described in the previous paragraph is intended to be in addition to actions of the Department described in Paragraph A, 1, b. c. Entrance from Local Public Roads. On local public roads open to traffic during construction, the Contractor shall erect and maintain signs in accordance with the contract documents. When scarification is part of the contract, ROUGH ROAD signs shall also be erected on the shoulder of the road under construction at local public road intersections. These signs shall be erected, moved when appropnate. and maintained by the Contractor until the scarified areas are covered with the new surface material. Payment for this work will be in accordance with Article 2528.05. d. Shoulder Drop-Offs. Drop-offs at paved and granular shoulders shall be treated as provided in Article 1107.08. All other drop-offs shall be handled in accordance with project plan requirements. e. Sign Removal. 1) The Contractor shall not remove, move, or obstruct any regulatory, guide, or warning sign without approval of the Engineer. If these signs interfere with construction, approval of the Engineer shall be obtained prior to removal:temporary re-erection, if appropnate; and re-erection by the Contractor. 2) The Contractor snail be responsible for erecting, moving, maintenance, and removal of all signs necessary to protect the work area and uncompleted work and signs required elsewhere by the contract documents. 3) If the Contractor inadvertently damages a regulatory,guide,or warning sign,or makes it ineffective,the Contractor shall correct it and promptly notify the Engineer. f. Availability of Signs. The Contractor shall pick up signs and barricades furnished by the Contracting Authority at the site designated and shall return them when the work is completed. g. Traffic Control Item. When there is a contract item for traffic control, the Contractor shall furnish all signs, barncades,channelizing devices, and other traffic control identified in the contract documents. h. Commencement of Responsibility. The Contractor shall assume the responsibility required by this article because of the operations concurrent with possession of the work site or nght-of-way through moving of equipment, machinery, tools, or matenals thereon and in all cases when the work is commenced. i. Permanently deleted. j. Cleaning. The reflective surfaces of signs and traffic control devices shall be washed, as described in Article 2528.03, L, and shall be clean at the time of initial installation on a project. k. Traffic Control in Place. At any time signs, barricades,or other traffic control devices are in place, for which the Contractor is responsible, the Contractor provide the Engineer the following information at the preconstruction conference or before work commences: 1) The name and telephone number of a 24 hour emergency response:person for raffic control ianswenng services are not acceptable); so that repair or maintenance if these devices can occur promptly,within 2 hours and t 2) The name and telephone number of the traffic control technician in resgoilsibkrb a charge of the traffic control for the project per Article 2528.01, C. fV Co..) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 67 of 99 B. The contract documents may require placement, maintenance, and removal of temporary and permanent pavement marking and temporary delineators. This work shall be in accordance with requirements of Section 2527. C. An additional (agger shall be stationed at public road intersections or crossings within the work area, if necessary, to prevent vehicles from entenng the work area against the flow of traffic. When traffic control is incidental, additional flaggers will not be paid for separately. D. The Engineer may require additional flaggers or other safeguards because of unusual or changed conditions,including suspensions and delays. Except when the need arises from the Contractor's actions or inactions,this will be paid for in accordance with Article 1109.03. 1107.10 USE OF EXPLOSIVES. A. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from use of explosives. B. All explosives shall be stored in a secure manner in compliance with all laws and ordinances and in quantities maintained at a practical minimum. Storage places shall be clearly marked. Where no local laws or ordinances apply,storage shall be provided satisfactory to the Engineer and, in general, not closer than 1000 feet(300 m)from the road, building,camping area, or place of human occupancy. C. The Contractor shall notify each public utility company having structures in proximity to the site of the work of the Contractor's intention to use explosives. This notice shall be given sufficiently in advance to enable the companies to take such steps as may be necessary to protect their property from damage. 1107.11 PROTECTION AND RESTORATION OF PROPERTY. A. The Contractor shall replace or renew fences, sidewalks, or other property damaged by performance of the work or the negligence of the Contractor's employees. B. The Contractor shall take suitable precautions to prevent damage to telephone, telegraph, and electric transmission lines along the highway and to pipes,conduits, and other underground structures. C. The Contractor shall be responsible for damage to property resulting from the performance of the work; however, this responsibility shall not extend to damage to fences, telephone, telegraph,or electric lines occupying the right-of-way unlawfully, provided due caution has been used in removing them. D. The Contractor shall carefully protect from disturbance all land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location, and the Contractor shall not remove them until so directed. E. The Contractor's responsibility shall not be released until the work under the Contractor's contract is completed and accepted. 1107.12 RESPONSIBILITY FOR DAMAGE CLAIMS. A. The parties agree that it is their intent that there be no third-party beneficiaries to this contract. No provision of this contract; or of any addendum, matenals instructional memorandums, plan, proposal, special provision, developmental specification, supplemental specification,or general supplemental specification:shall be construed as creating any third-party beneficiaries. B. The Contractor shall indemnify and save harmless the Contracting Authority and other agencies - - which have concurred in the award of the contract. as well as their officers and employees, from all suits, actions, or claims of any character, except as provided in the next sentence-lademnipy shall not,however, extend to acts or omissions for which the Contracting Authority is$¢tiely.responsiblek though it shall extend to those claims, actions, or suits in which the Contractor. Subcontractor, or . either's employee or agent, and the Contracting Authority are alleged to be, or could fila,jointly or d r) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 68 of 99 concurrently liable.Any funds due said Contractor under the Contractor's contract as may be considered reasonable and necessary by the Contracting Authority for such purpose may be retained for the use of the Contracting Authonty; in case no money is due, the Contractor's surety may be held until such suit or suits,action or actions.claim or claims have been settled and suitable evidence to that effect furnished to the Contracting authority, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence of insurance covering the claim, action, or suit. C. The Contractor's responsibility for providing warning devices required by Article 1107.09 to avoid damages or injuries to the traveling public on any portion of the road covered by the contract shall not cease until the work on such portion has been released by the Engineer.A"release"in this context means a written statement by the Engineer stating that the Contractor may cease to maintain bamers and lights, that the road may be opened to traffic, and that the Contractor is relieved of further maintenance of that portion of the road. This release shall not constitute an acceptance of the work. D. The Contractor's responsibility for maintenance of lights on any individual structure will cease upon final acceptance of such structure, or when released in writing by the Engineer. 1107.13 OPENING OF SECTIONS OF HIGHWAY TO TRAFFIC. A. When any substantial portion, part, or feature of a contract is completed to the extent that its stability and integrity is not dependent upon completion of other items or work required in the contract, that portion, part, or feature may be released by the Engineer, after conferring with the Contractor, and opened to traffic or received for public usage prior to final approval and acceptance of all work involved in the contract. The Contractor will not be responsible for damages due to the elements or the general wear of traffic to those portions, parts.or features of the road which have been released by the Engineer. The Contractor will be responsible for any damages which may be caused by defective work or failure to comply with the contract documents. B. The above provisions relating to a release by the Engineer will be applicable only to those portions, parts. or features of a contract for which the Engineer has furnished to the Contractor a written release. 1107.14 CONTRACTOR'S RESPONSIBILITY FOR WORK. The Contractor will be responsible for care and maintenance of partially completed work and finished work on any portion of the road until the Contractor has been released by the Engineer from this responsibility. It shall be the Contractor's responsibility to adjust the operation or method of operation to prevent any damage of any nature to any portion of partially completed or completed work, except for damage to work in officially designated disaster areas where the damage results from Acts of God for which the designation.s made. Repair work shall be done promptly upon being so ordered by the Engineer. 1107.15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY FACILITY AND SERVICES. A. The Contracting Authority will endeavor to have all necessary adjustments made to public or private utilities within or adjacent to the limits of construction prior to construction activities, except those requiring coordination with the Contractor. Utility facilities have been plotted from available surveys and records, and shall be considered approximate. Other utilities may exist and their location may not be presently known or identified on the plans. The Contractor shall notify Iowa One-Call at 1.800.292.8989 to identify the location of all underground utility facilities within the construction area. B. The Contractor shall determine the exact location of all public and private utility facilities located within the construction area to avoid damage in accordance with Section 480.4, Code of Iowa. The Contractor shall have considered in their bid all permanent and temporary utility appurtenances in their present or adjusted positions as shown in the contract documents. For projects not developed under 761 IAC, Chapter 115.25 and not designated as POINT 25 projects in the contract documents,additional compensation will not be allowed for any delays, inconvenience, or_damagQ sustained by the Contractor due to any interference from the utility appurtenance&gr-Theirkaperation or relocation. --j -_- y ^ 1' `V Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 69 of 99 C. Where existing utility facilities are shown in the contract documents or encountered within the construction area, the Contractor shall notify the utility company prior to beginning construction activities. The Contractor shall be responsible for notifying utilities and conducting work near utility facilities, required by Section 480.4, Code of Iowa. D. Any system for supplying water,gas,power,or communications; a storm sewer, sanitary sewer, drainage tile, or other system for transmitting liquids;a pipeline system; traffic signalization system: and lighting systems within the limits of the proposed construction,which are to be adjusted,are to be moved by the utility company at their expense,except as otherwise provided for in the contract documents. E. The Contractor shall cooperate with utility companies in their adjustment operations so that these operations may progress, the duplication of adjustment work may be reduced, and that services rendered by those parties will not be interrupted. F. Where the Contractor's operations are adjacent to properties of railway,communication,or power companies,or are adjacent to other utility facilities where damage might result in considerable expense, loss, or inconvenience,work shall not begin until all arrangements necessary for protection of the facilities have been made. G. In the event of interruption to utility services as a result of accidental breakage or as a result of being exposed or unsupported,the Contractor shall promptly notify the proper authority and shall cooperate with the authority in restoration of service. If a utility service is interrupted, repair work shall be continuous until service is restored. H. Primary projects developed under 761 IAC, Chapter 115.25 and designated as POINT 25 projects in the contract documents,where the utility company's adjustment is dependent on work by the Contractor,the Contractor shall provide the Contracting Authority and the utility company a good faith notice 14 calendar days and a confirmation notice not less than 3 working days before the Contractor's work will be complete and ready for the utility company to begin its work. If the utility fails to complete the adjustment of its facilities and fails to submit or comply with its accepted work plan as referenced in the Utility Status Report in the contract documents, and these failures result in a delay to the Contractor or causes damages to be incurred by the Department or Contractor, the utility may be liable for costs and damages incurred as a result of its failure to perform. 1107.16 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the contract,or in exercising any power or authority granted to any agent or representative of the Contracting Authority thereby, there shall be no liability upon such agent or representative, including the Engineer or authorized assistants, either personally or as an official of the Contracting Authority,it being understood that in such matters the Engineer acts as the agent and representative of the Contracting Authority. 1107.17 NO WAIVER OF LEGAL RIGHTS. A. The Contracting Authority shall not be prevented by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor from showing the true amount and character of the work performed and materials furnished by the Contractor,or from showing that any such measurement,estimate,or certificate is untrue or incorrectly made,or that the work or materials do not, in fact,conform to the contract. B. The Contracting Authority shall not be prevented, notwithstanding any such measurement. estimate, or certificate and payment in accordance therewith,from recovering from the Contractor and the Contractor's sureties such damages as it may sustain by reason of the Contractor's failure to comply with the terms of the contract. Neither acceptance by the Contracting Authority,or any representative of the Contracting Authority, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time,nor any possession taken by the Contracting Authority, shall operate as a waiver of any portion of the contract,or for any power herein reserved, or any right to damages herein provided.A waiver of any breach of contract shall not beheld to be a waiver of any other or subsequent breach. r7i Z. c-, c, > ;,� es Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 70 of 99 Section 1108. Prosecution and Progress 1108.01 SUBLETTING OF CONTRACT. A. The Contractors own organization shall perform work amounting to not less than 30%of the total contract cost unless otherwise specified in the contract documents. The percent total contract subcontracted will be computed on Contract Unit Prices for the work performed by the subcontractor,unless the subcontractor is only doing partial work on the contract item. In order to meet this 30%requirement,the Contractor shall not purchase any materials for a subcontracted item nor shall they place other contractors employees on their payroll. Employees must be hired in accordance with the AA hiring process as detailed elsewhere in the contract documents.Any item designated as a specialty item may be performed by subcontract, and the cost of any such specialty item as performed by subcontract may be deducted from the total cost before computing the amount of work required by the Contractors organization.Any items that have been selected as specialty items for the contract are listed as such in the contract documents. B. Except for the furnishing and transportation of materials, no portion of the contract shall be sublet. assigned,or otherwise disposed of except with written consent of the Contracting Authority.Where a subcontract has been approved, the approved subcontractor shall be responsible to complete that portion of the contract with its own organization. C. Where a subcontract does not exist, but a DBE firm is manufacturing, supplying,or trucking matenals to the job site;terms of the agreement shall be described and documented on the Subcontract Request and Approval form(Form 830231). This will assure the Engineer that a Contractor is meeting commitments previously stated on the Statement of DBE Commitments form (Form 102115). This dollar value will not be used to determine the percent subcontracted as specified previously.Where Davis/Bacon wage requirements apply, the Contractor shall be responsible for collecting and submitting certified payrolls for all drivers. Owner/operators shall be listed on the certified payrolls as owner/operators. 0. Request for permission to subcontract, assign,or otherwise dispose of any portion of any contract shall be submitted in writing with the Contractor's signed contract to the Office of Contracts, on a Subcontract Request and Approval form(Form 830231). For contracts that exceed$600,000,the Contractor shall submit the Subcontract Request and Approval form electronically using the software furnished by the Department. In certain situations,with approval of the Department, the Contractor may request an extension of up to 30 calendar days to submit the Subcontract Request and Approval forms. 1108.02 PROSECUTION OF WORK. A. General. 1. The proposal form may designate the contract period by either a Specified Start Date, Approximate Start Date, or Late Start Date.The proposal form may also indicate the contract period by a Completion Date for non-highway type contracts (e.g. buildings,furnishing materials, etc.). The number of working days will be designated for the three types of start dates. Working days will not apply for a Completion Date contract period. 2. The return of the signed and executed contract to the Contractor shall serve as notice that the contract bond is acceptable,that the contract is in force,and that the Contractor may complete arrangements for materials and other work in accordance with the contract documents 3. Should a delay become apparent before or after the work is started,the Engine.twill immediately notify the Contractor in writing that work on the contract will be delayed,anti if b possible, the approximate duration of the delay. --4 C".1 G1 B. Completion Date Contracts. The Contractor shall complete the contract on or before the Completion Date. Unlese t1oted1 otherwise in the proposal form, the Contractor may commence work any time aftertgegiptpcthe ; signed contract, specifications permitting.Articles 1108.02, E, Charging of Working:Days a`nd 1108.02, F,Winter Work will not apply. Liquidated damages will be assessed in accordanee-Lvith Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 71 of 99 Article 1108.08 for each calendar day beyond the Completion Date that the contract remains uncompleted. C. Working Day Contracts. The three types of start dates are as follows: 1. Specified Start Data. Working days will be charged to the Contractor starting on the Specified Start Date, but not pnor to 15 calendar days after the contract has been signed by the Contracting Authority. Starting work prior to the Specified Start Date will be considered upon request,and working days will be charged when work starts. 2. Approximate Start Date. It is expected the site will be available by the Approximate Start Date. If it appears the site will not be available by the Approximate Start Date, the Engineer will inform the Contractor of the delay and if possible the duration of the delay. The Contractor may commence work, weather and specifications permitting, any time after execution of the contract and on or after the Approximate Start Date provided the site has become available. If work is started under these conditions, working days will be charged. Starting work before the Approximate Start Date and before the site is available, will be considered only after the Contractor has submitted a signed waiver of any right to claim extra compensation for damages due to delays from any cause related to early commencement. If approved,working days will not be charged when working prior to the date of site availability. If the Contractor is working on the project when the site becomes available,working days will be first charged on the following day. 3. Late Start Date. a. Unless noted otherwise in the proposal form, the Contractor may commence work any time after receipt of the signed contract,weather and specifications permitting. Except as noted in Article 1108.02, F,working days will begin to be charged whenever the Contractor starts work. Charging of working days will begin on the Late Start Date if the Contractor has not started work prior to this date. b. If the Contractor wishes to start preliminary work prior to the Late Start Date and move out intending to return at a later date to complete the project,the Contractor shall request approval from the Engineer for temporary suspension of work in accordance with Article 1108.06.Approval of suspension of work in this circumstance will be based on if the road is open to traffic and the roadway is in a condition that is at least as safe as it was before the start of the preliminary work. The Engineer will submit in writing to the Contractor approval for suspension of work and a computed revised Late Start Date. The revised Late Start Date will be computed by adding the working days used for the preliminary work to the Late Start Date listed on the proposal form. The charging of the remainder of the working days will resume on the revised Late Start Date or when the Contractor recommences work prior to the revised Late Start Date. D. Intermediate Contract Periods. Intermediate contract periods may be designated for construction of certain portions of the contract. The intermediate contract period may be the same type as listed in Articles 1108.02, 8 and 1108.02, C. The intermediate contract period. descnption, working days (if applicable), and liquidated damages will be shown as a site number on the proposal form. E. Charging of Working Days. 1. The Contractor will be charged working days as defined in Article 1101.03 and this article. For multiple site contracts, working day charges for each site will be charged independently based on the controlling operation for the site. 2. Working days will be charged beginning with the following circumstances: a. On the date specified for projects with a Specified Start Date. , b. On the date that has been agreed to at the preconstruction conference for projects-with an Approximate Start Date. tj c. On the start date indicated in the Notice to Proceed for projects with an-iapproximate Stag Date. rn zrz al c.a Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 72 of 99 d. On the day following the date the site becomes available if the Contractor is already working on the site for projects with an Approximate Start Date. e. On the date the Contractor begins work prior to the Late Start Date. f. On the date specified for projects with a Late Start Date and the Contractor has not begun work prior to that date. However,working days will not be charged prior to 15 calendar days after the contract has been signed by the Contracting Authority, as long as the Contractor furnished the signed contract, performance bond, and proof of insurance within the time allowed by Article 1103.07: and has not begun work on the contract. 3. The Contractor will be charged 1/2 working day when weather or other conditions beyond the control of the Contractor permits work for at least 1/2 but less than 3/4 of a working day. The Contractor will not be charged a working day when weather or other conditions beyond the control of the Contractor work for less than 1/2 of a working day. In the event of adverse weather when work on a project is ready to be started or resumed and the Contractor is not on the project, working days will not be charged during the inclement weather period provided the Contractor starts work as soon as weather and ground conditions permit work to be started or resumed. 4. Working days will not be charged for Sundays and recognized legal holidays the Contractor does not work.Working days will be charged for Sundays and recognized legal holidays the Contractor does work. 5. Working days will not be charged for Saturdays the Contractor does work, unless a 6 day work week is specified in the contract documents. 6. Working days will be charged for cure time of pavement and structural concrete when it is the controlling item of work. F. Winter Work. 1. Winter work is work done at the project site between November 15 and Apnl 1. The proposal form may require winter work on all or portions of the project. If winter work is required on a project, the proposal form will indicate how the working days will be counted. When winter work is not required in the contract documents, the following shall apply: a. The Contractor may start or resume work before April 1.Working days will not be charged if the proposal form does not indicate that working days will be charged during winter work, Working days will be charged if the proposal form indicates that working days will be charged during winter work. b. For projects started prior to November 15, the Contractor may work between November 15 and April 1 with no working days charged it working days remain on November 15. 2. If the number of working days specified on the contract has been exceeded, the Engineer may require the Contractor to continue work after November 15 if it is in the best interest of the Contracting Authority. These working days will be charged. G. Notice to Proceed. 1. A notice to proceed will be issued when, in the opinion of the Engineer,considering the approximate starting date, site availability, and working days allowed, failure of the Contractor to commence work places the timely completion of the project in jeopardy. The starting date in :he notice to proceed will not be less than 15 calendar days after the date of the issuance of :he notice. 2. Working days will be charged beginning with the starting date established by the not or when the Contractor starts work if prior to that date. c_ H. Weekly Report of Working Days. -=' Whenever the Contractor is subject to being charged with working days, the Entr'?etii will furnishr— the Contractor a weekly statement indicating the working days to be charged to t#81::ontrtdctor fo? that period. Should the Contractor believe the statement to be inaccurate, the Cor1'ifactor shall 771 submit to the Engineer, in writing, an objection and reasons within 10 calendar days§fter ceipt :he statement. �''; r� ` ' fV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 73 of 99 I. Work Progress. 1. The progress of the work shall be at a rate sufficient to complete the contract within the time allowed. If it appears that the rate of progress is such that the contract will not be completed within the time allowed,or if the work is not being executed in a satisfactory manner, the Engineer may order the Contractor to take such steps as necessary to complete the contract within the penod of time specified or to prosecute the work in a satisfactory manner. if the Contractor fails to comply with such order within 14 calendar days after receipt of the order, the Contractor may be disqualified from receiving any additional bidding proposals,and the Contracting Authority will have the right to declare the contract in default and to complete the work in accordance with Article 1108.11. Failure of the Contracting Authority to issue such order shall not alter the Contractor's responsibility under the contract. 2. The Contractor's sequence of operations shall be such as to cause as little inconvenience to the general public as possible. J. Schedule of Staging. On any project,or part of a project,on an existing road where the work may prohibit or restrict public or pnvate access that has been previously available, the Contractor may be required to submit a schedule of staging for the Engineer's approval before work is started. Preliminary work may be required in stage construction, even though the work involved in these operations is similar, in order to minimize the inconvenience to the public and those to whom access has been previously available.This requirement will apply equally to work that is subcontracted. K. Accelerated Work Schedule. 1. An accelerated work schedule may be required by a note on the proposal.When required, the Contractor shall marshal the necessary forces,including but not limited to, extra crews, subcontractors, extra work hours,or other acceptable methods to insure completion of the project,or various stages of the project,within the contract penod and in compliance with the specifications. 2. A work plan shall be submitted to the Engineer for review pnor to commencement of work. Work will be permitted on a 24 hour day basis and on Sundays and holidays wiM •� though work may be restricted l as ldstlf th_,q . Credit will not be allowed for delayed or slow delivery of materials. 3f;;:• P L. Pre-construction Conference. The Engineer may schedule and conduct a preconstruction conference. The Contractor and the intended subcontractors, if known, shall participate in this conference. The Engineer will invite representatives of railroads and utilities and others having responsibilities or interest in the work. M. Notification of Traffic Impacts. The Contractor shall provide the Engineer with 10 calendar days notice before commencing or resuming work on a Primary or Interstate road or budge open to traffic. This notification is needed to suspend the issuance of permits for oversized loads when width or vertical clearance restrictions occur dunng construction. 1108.03 LIMITATIONS OF OPERATIONS. A. The Contractor shall conduct the work so as to create a minimum amount of inconvenience to, traffic.At any time, when in the judgment of the Engineer,the Contractor has obstructed or ctcdsed, ors conducting operations on, a greater portion of the road than is necessary for the proper- prosecution of the work, the Engineer may require the Contractor to finish the sections on which work is in progress before work is started on any additional sections. • ..� B. Whenever work which is being done by other contractors or subcontractors is contigu6us to�'dr a rr- part of, the work included in this contract, the Engineer will, in case of dispute, deta"rttjine arid, F� "� N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 74 of 99 define the respective rights of the venous interests involved, in order to secure the completion of all parts of the work in general harmony and with satisfactory results. C. Except when an accelerated work schedule is required, no work requiring inspection will be permitted on Sundays or holidays observed by the Department except with permission of the Engineer. The Contractor should request a determination of the holidays to be observed at the beginning of each calendar year. D. Work on Primary Roads where traffic is maintained through the project and work on all Interstate highways will not be permitted during the times identified below without approval of the Engineer: 1. Memorial Day and Labor Day weekends-No work will be allowed the preceding Friday and all day Saturday. 2. Independence Day—When Independence Day is observed as a State Holiday on Monday, no ,vork will be allowed beginning the preceding Friday through the holiday. When Independence Day is observed as a State Holiday on Friday, no work will be allowed the preceding Thursday through the following Saturday. E. If the Contractor requests permission to work for the times identified above and the Engineer approves this request, working days will be charged for the times requested. 1108.04 METHODS AND EQUIPMENT. A. The methods and equipment used shall produce a satisfactory quality of work and shall be adequate to maintain the schedule of progress specified. Equipment used on any portion of the project shall be such and its use so regulated that no serious or irreparable damage to the roadway, adjacent property,or other highways will result from its use. If damage does occur to the highway, suitable repairs shall be made. B. When the methods and equipment to be used by the Contractor in accomplishing the construction are not prescribed in the contract documents, the Contractor is free to use any methods or equipment that will accomplish the contract work in conformity with the requirements of the contract documents,as demonstrated to the satisfaction of the Engineer. C. When the contract documents specify that the construction be performed by use of certain methods and equipment, these methods and equipment shall be used unless others are authorized by the Engineer. D. If the Contractor desires to use a method or type of equipment other than specified in the contract documents, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full descnption of the method and equipment proposed to be used and an explanation of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor shall be fully responsible for producing construction work in conformity with contract requirements. If after trial use of the substituted methods or equipment the Engineer determines that the work produced does not meet the requirements of the contract documents, the Contractor shall discontinue use of the substitute method or equipment and shall complete the remaining construction with the specified methods and equipment. The Contractor shall remove the defective work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. Change will not be made in basis of payment for the construction items involved or in contract time as a result of authorizing a change in methods or equipment under these provisions. 1108.05 CHARACTER OF WORKERS. Any employee of the Contractor who is careless, incompetent, or disorderly, or who refuses or nel&cts to perform the work in accordance with the contract documents or who shall commit trespass upon any public or pnvate property in the vicinity of the work, shall be discharged upon the written request df the Engineer"11 and shall not be re-employed on any of the work unless written permission is given by the-Engineer.: C-) GI --ltd r -17rn rpt N C.J Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 75 of 99 1108.06 TEMPORARY SUSPENSION OF WORK. A. Work shall be suspended wholly or in part when, in the opinion of the Engineer, weather or other conditions are unfavorable to its satisfactory prosecution. Work shall also be suspended at the direction of the Engineer pending settlement of disputes arising out of failure of the Contractor to comply with provisions of the contract. B. The start of work may be delayed or work may be suspended upon request of the Contractor and with approval of the Engineer. The Engineer may require the request to be in writing and also may require the Contractor to include with the request a schedule for satisfactory completion of the work. Prior to temporary suspension of work, all obstructions or hazards that prevent safe travel by public traffic shall be removed from the project. C. The Engineer will notify the Contractor in writing of directed or approved temporary suspension of work.Working days will not be charged during periods of suspension of work directed or approved by the Engineer except when the suspension is a result of a violation of terms of the contract. 1108.07 EXTENSION OF CONTRACT PERIOD. An extension of the contract period will be granted by the Engineer for additional work requinng additional construction time that adds additional work to the controlling item of work. 1108.08 LIQUIDATED DAMAGES. A. Liquidated damages will be assessed as follows: 1. Completion Date Contracts. The amount of liquidated damages specified in the proposal form will be assessed, not as a penalty but as predetermined and agreed liquidated damages, for each calendar day that any work remains uncompleted beyond the Completion Date or any extension granted under Article 1108.07.Assessment of liquidated damages will be based only on the number of calendar days required to complete the contract beyond the completion date, plus authorized extensions. 2. Working Day Contracts. The amount of liquidated damages specified in the proposal form will be assessed, not as a penalty but as predetermined and agreed liquidated damages, for each working day that any work remains uncompleted beyond the number of working days allowed or any extension granted under Article 1108.07. If work remains uncompleted on more than one portion for which working days and liquidated damages have been specified, the liquidated damages assessed will be the total of the damages per day listed for each uncompleted portion. Assessment of liquidated damages will be based only on the number of working days required to complete the contract in excess of the specified working days allowed, plus authorized extensions. B. The final payment will be withheld until the amount of liquidated damages are agreed upon. C. This provision for the assessment of liquidated damages for failure to complete work within the contract period does not constitute a waiver of the Contracting Authority's right to collect any additional damages other than time delays which the Contracting Authority may sustain by failure of the Contractor to carry out the terms of the contract. 1108.09 FAILURE TO COMPLETE WORK WITHIN CONTRACT PERIOD. A. If the Contractor fails to complete the work within the contract period, or any extension thereof, as provided in Article 1 108.07, upon written notice to the Contractor and surety, said contract shall be in default. The Contracting Authority may, at its option, permit the Contractor or the Contractor's surety to complete the work included in the contract,or may proceed to complete the worl�in accordance with Article 1108.11. In either event, the Contractor or the Contractor's surety:Shall be responsible for all costs incident to the completion of the work, and also for the l quidated-damages stipulated in the proposal form. w �> c._. ' .- -.:.--- B. B. The Contracting Authority may waive such portion of the liquidated damages ashaq accnue afterF., all of the following conditions are met: --- (,) N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 76 of 99 1. Traffic must have complete use of the roadways. shoulder to shoulder,with no delays or one way traffic and no obstructions except for signs warning of construction work ahead. 2. The remaining work to be completed is confined to the areas outside the snoulder edge. 3. Only minor work is left for completion such as clean up or erosion control work if it is a small item, not part of an erosion control contract,and the erosion control work is completed during the first available seeding period. 4. The remaining work is completed without excessive delay on the part of the Contractor. 1108.10 CONTRACTS IN DEFAULT. The Contracting Authority may declare a contract in default for any one of the following reasons: A. Failure to complete the work within the contract period or any extension thereof; B. Failure or refusal to comply with an order of the Engineer within a reasonable time: C. Failure or refusal to remove rejected materials; D. Failure or refusal to correct any defective or unacceptable work: E. Bankruptcy or insolvency,or the making of an assignment for the benefit of creditors; F. Failure to carry on the work in an acceptable manner. 1108.11 COMPLETION OF CONTRACTS IN DEFAULT. A. If for any reason a contract is declared in default, the Contracting Authority shall have the right. without process or action at law, to take over all or any portion of the contract and complete it, at its option,either by day labor or by reletting the work. Written notice will be given the Contractor by the Contracting Authonty that the Contractor's contract has been declared in default, and upon receiving this notice,the Contractor shall relinquish possession of the project site or the parts of the project specified in the notice. B. The Contracting Authority may, at its option and at a rental which it considers reasonable, retain all matenal, equipment, and tools on the project site until the work has been completed. C. Neither the Contracting Authority nor any member or employee thereof shall be in any way liable or accountable to the Contractor or the Contractor's surety for the method by which the completion of the contract, or any portion thereof, may be accomplished,or for the puce paid therefor. Should the cost of completing work be in excess of the onginal contract price, the Contractor and the Contractor's surety will be held responsible for such excess cost. Should the cost of such completion, including all proper charges, be less than the original contract puce, the amount so saved shall be paid to the Contractor. Neither by taking over the portions of the contract nor by declaring the contract in default will the Contracting Authority forfeit the right to recover damages from the Contractor or the Contractor's surety for failure to complete the entire contract. 1108.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The contract will be considered completed when the work has been accepted in wnting by the Engineer. Such acceptance will release the Contractor from all further obligation with respect thereto, except to conditions and requirements set forth in the bond. N --)"C I = �C) On (T1 "ID Fri fV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 77 of 99 Section 1109. Measurement and Payment and Metric Conversion 1109.01 MEASUREMENT OF QUANTITIES. The work completed under the contract will be measured in accordance with the contract documents. The standards of the U.S. DOT, FHWA, and ASTM SI-10 will be used. A. Methods of Measurement. 1. Payment will be based on the actual quantity of work performed under the various classifications of work in the contract unless otherwise provided below or in the method of measurement for the various classes of work. 2. For items to be paid for by plan quantity by specification or plan quantity agreement, by written agreement between the Contractor and the Engineer,final settlement may be made on the basis of contract quantities without final field measurements. This agreement may be made before work is started or after work has been completed, if no material deviation from the onginal plans is involved. Except for those items for which quantities cannot be accurately predetermined, the contract quantities have been accurately and properly estimated, but adjustments will be made for obvious errors or authorized changes. The Engineer will exercise such controls and make such measurements as are necessary to assure that each item of work is done in substantial compliance with the contract documents. The use of this agreement for payment shall not be considered as a change in the contract. 3. When a contract item or quantity for any granular material is in tons(Mg),the quantity may be measured by volume. B. Metrication. Project specific documents provided by the Contractor on English unit contracts shall be expressed in English units and on metric unit contracts shall be expressed in metric units. Manual conversion of metnc units to English units is acceptable on contracts expressed in English units. Manual conversion of English units to metric units will be acceptable on metnc unit contracts. The Contractor shall be responsible for the conversion of units. The following tables provide common metnc units and symbols, prefixes,and conversions: Table 1109.01-1:Common Prefixes Used with Metric Units Prefix Symbol Multiplication Factor a ga G 1,000,000,000 mega M 1,000,000 kilo k 1.000 hecto h 100 deka da 10 base unit _ 1 deci d 0.1 cent' c 0.01 milli m 0.001 micro i' 0000001 Table 1109.01.2:Common Metric Units and Symbols Measurement Unit Symbol kilometer km meter m Length centimeter cm millimeter mm micrometer }3m hectare ha square meter m2 Ca C_._ Area square centimeter cm2 — C square millimeter mm2 "'t :,Y_ cubic meter m n-4, I r cubic centimeter cm3 —i C'7 Volume cubic millimeter mm3 k loliter kL — 1 liter c.3 t# ). Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 78 of 99 milliliter mL megagram Mg Mass kilogram kg gram 0 I Temperature degrees Celsius 'C pascal Pa Pressure kilopascal kPa megapascali MPa Force newton I N kilonewton I kN Table 1109.01-3:Other Metric Units Which Might be Encountered and the Symbol for Each Electnc current ampere A Luminous Intensity candela cd Frequency hertz Hz I Energy,Work joule J giga)oule GJ Luminous flux lumen Im Electric Potential volt V Power watt W kilowatt kW Table 1109.01-4: English and Metric Unit Conversion (Referenced from ASTM 51.10,except those marked with asterisks) Conversion ! Measurement English Units Metric Units Factor (Mullply) (To Find) (By) mile kilometer 1.609347 yard meter 0.9144 Length foot(U.S.Survey) meter 0.3048006 inch millimeter 25.4 station' meter 30.48006 station' metnc station 0.3048006 acre hectare 0.4046873 square yard square meter 0.8361274 Area square foot square meter 0.09290304 square inch square millimeter 645.16 square mile square kilometer 2.589998 square' square meter 9.290304 cubic yard cubic meter 0.7645549 cubic foot cubic meter 0.02831685 Volume cubic inch cubic millimeter 16.387.06 gallon liter 3.785412 fluid ounce milliliter 29.57353 board foot cubic meter 0.00236 ton(2000 lb.) megagram 0.9071847 Mass pound kilogram 0.4535924 ounce dram 28.34952 pounds per sq.in. kilopascals 6.894757 r., Pressure (psi) _ pounds per sq. ft. Pascal 47.880263 C_D i. Overhaul station yard' station meter i 0.2330368 m(7) ` 71 bs./cu.ft. kg/m3 16.01846 C.)--< 1 lbs.force Newton 4 448222 ---f C7 Other gal./cu.yd. Um' 4.9511316 7.0 M '� lbs./gal. kgiL 0.1198264 Fria 1 oz./cu yd. mL/m3 38.680714 (:;.:7-2 oz./100 lbs. mL/kg 0.6519846 :, - CJ 'l> " IV CLJ Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 79 of 99 (To Find) (Divide) (By) Temperature: (°C x 1.8)+32•'F(Take the temperature in°C and multiply by 1.8;then add this number to 32 to get the temperature in°F.) 1. Exceptions. The Engineer may approve exceptions to construction based on plan dimensions, on a project- by-project basis, provided the request does not adversely affect the intended design. Exceptions shall be at no additional cost to the Contracting Authority. a. Reinforced Concrete Box(RCB)Culvert. 1) The Contractor, as an option, may construct a comparable size single or twin box culvert in metric units using the MRCS-G1-95 or MTWRC8-G1-95 culvert standards in lieu of the English culvert standards specified on the letting plans. Exceptionslsubstitutions on special designs that are not covered by the MRCB-G1-95 or MTWRCB-G1-95 standards will not be allowed. 2) After being awarded the contract,if the Contractor intends to exercise this option, the Contractor shall submit to the Engineer an amended copy of the letting plan showing the alternate units for all the appropriate dimensions. These shall include the fill height,the culvert span and rise, all longitudinal(along the culvert)dimensions and a list of the MRCB-G1-95 or MTWRCB-G1-95 culvert standard sheets required to build the RCB, including headwall sheets and bell joint sheets if required. 3) A list of comparable metnc culvert opening sizes that can be constructed in lieu of a specified English culvert opening is as follows: Table 1109.01.5:Comparable Metric Culvert Opening Sizes English Comparable Metric English Comparable Metric (feet) (millimeters) (feet) (millimeters) 3 x 3 900 x 900 8 x 6 2400 x 1800 4 x 4 1200 x 1200 8 x 10 2400 x 3000 5x 3 1500 x 900 10x4 3000 x 1200 5x4 1500x1200 10x5 3000x1500 5 x 5 1500 x 1500 10x6 3000 x 1800 5 x 6 1500 x 1800 10 x 8 3000 x 2400 6 x 3 1800 x 900 10 x 10 3000 x 3000 6 x 4 1800 x 1200 10 x 12 3000 x 3600 6x5 1800x1500 12x6 3600x1800 6 x 6 1800 x 1800 12 x 8 3600 x 2400 6 x 8 1800 x 2400 12 x 10 3600 x 3000 8 x 4 2400 x 1200 12 x 12 3600 x 3600 8 x 5 2400 x 1500 b. Construction Materials. 1) The following exceptions in Division 41, Construction Materials are approved, and will be allowed: a) Section 4151,Steel Reinforcement. All English Reinforcing steel may be substituted with metric reinforcing steel as follows: Table 1109.01-8: Metric Reinforcing Steel English Hard Converted'Metric Size Soft Converted' Metric Size 4 15 13 5 15 16 6 20 19 7 25 22 8 25 25 9 30 29 10 35 32 11 35 36 c--) _ t r- �h � � N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 80 of 99 • Hard Converted metnc size reinforcing steel refers to bars referenced in ASTM A 615/A 615 M-95b using the following sizes: 10. 15,20,25,30, 35,45,and 55.Soft Converted metric size reinforcing steel refers to bars referenced in ASTM A 615/A 615 M-96a using the following sizes: 10, 13, 16, 19,22,25,29,32,36,43,and 57. b) Plant Operations. Batching of materials may be performed with English or metric units, but all reports on English unit contracts shall be prepared in English units, and all reports on metric unit contracts shall be prepared in metric units. c) Delivery Tickets. Delivery tickets for materials such as aggregates, HMA mixes, asphalt binder, etc. may be converted at the end of the day, or at the end of a process for the day, in lieu of individual ticket conversion; but all reports on English unit contracts shall be prepared in English units and all reports on metric unit contracts shall be prepared in metric units. 2) All hard converted metric reinforcing steel(bar size matrix shown on plans)may be substituted with English reinforcing steel or soft converted metric steel as follows: Table 1109.01-7:Hard Converted and Soft Converted Metric Sizes English Hard Converted'Metric Size Soft Converted'Metric Size 4 10 13 5 15 16 6 20 19 8 25 25 10 30 32 11 35 36 ' Hard Converted metric size reinforcing steel refers to bars referenced in ASTM A 615/A 615 M-95b using the following sizes: 10, 15,20,25, 30, 35,45,and 55.Soft Converted metric size reinforcing steel refers to bars referenced in ASTM A 615/A 615 M-96a using the following sizes: 10, 13, 18, 19,22,25,29,32,36,43,and 57. 3) The spacing or pattern of bar placement shall be as shown in the contract documents, and no changes in the spacing or the pattern will be allowed with the substitution. 2. Method of Measurement and Basis of Payment. The cost of all equipment, labor, and materials necessary for metnc conversion shall not be paid separately, but shall be considered incidental to the puce bid for the item for which the conversion was necessary. The cost of exception of construction materials as specified above shall not be paid separately, but shall be considered incidental to the price bid for the item for which the substitution is made. 1109.02 SCOPE OF PAYMENT. A. The Contractor shall accept the compensation herein provided as full payment for furnishing all matenal, labor, tools, and equipment and for performing all work under the contract or any extension thereof allowed under Article 1108.07; also, for all cost ansing from the action of the elements or other natural causes, agreements, and performances, non-performances, or decays involving other contractors and third parties,or injunctions or lawsuits resulting therefrom, or•#rom any unforeseen difficulties not otherwise provided for in the specifications and which May bier. encountered during prosecution of the work and up to the time of acceptance thereof,except= J damage to the work due to acts of war. Nothing herein shall in and of itself be construed to prejudice or deny any claim filed under provisions of Article 1109.11. •• -- (.71 yE 1 -73 rn > IV c.,) Case 4:11-cv-00260-JEG -TJS Document 2-1 Fled 06/01/11 Page 81 of 99 B. The contract price for any item shall be full compensation for acceptable work and for materials, equipment,tools, and labor for performance of all work necessary to complete the item in accordance with the contract documents, except as specifically exempt in the clauses covering the basis of payment for the item. 1109.03 PAYMENT FOR WORK PERFORMED. The Contractor shall receive and accept payment for work performed under the contract as follows: A. Items of Work Performed Which Are Covered by Definite Prices Stipulated in the Contract. 1. For all items of acceptable work performed which are covered by definite unit prices or lump sum amounts specified in the contract,the Contractor shall receive and accept compensation at the rate specified in the contract, except for items identified as that of significant change as provided in Article 1109.16. 2. In making contract adjustments,consideration will be given to the portion of the cost of the .vork that can be classified as fixed costs, independent of the exact quantity of work performed, such as transportation and installation costs on equipment, overhead cost, etc.Any price adjustment will be amved at from the standpoint that neither party to the contract shall be penalized by the increase or decrease in quantities which occasioned the price adjustment. B. Extra Work. Extra work ordered by the Engineer, of a quality or class not covered by the contract,will be paid for either at an agreed price or on a force account basis. 1. Agreed Price Basis. For extra work ordered by the Engineer and performed on an agreed price basis, the Engineer and the Contractor shall enter into a written agreement before the work is undertaken. This written agreement shall describe the extra work that is to be done and shall specify the agreed price or prices therefore. 2. Force Account Basis. a. For extra work performed on a force account basis. the Contractor shall receive the rate of wage(or scale)agreed to in writing with the Engineer before beginning work for each and every hour that laborers, timekeepers, supervisors, and superintendents are actually engaged in work. b. The Contractor shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits,or other benefits,when the amounts are required by a collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the work. c. An amount equal to 35%of the sum of the above items will also be paid to the Contractor. The 35% shall cover compensation for furnishing the necessary small tools for work, together with all other overhead items of expense. d. For property damage, liability, and worker's compensation insurance premiums, unemployment insurance contributions, and social security taxes on the force account work, the Contractor shall receive the actual cost, to which 10%will be added. The Contractor shall furnish evidence of the rate or rates paid for such bond, insurance, and tax. e. The wage of the superintendent, timekeeper,or supervisor who is employed partly on force account work and partly on other work shall be prorated between two classes of work according to the number of persons shown by the payrolls as employed on each class of work. f. For materials used on force account work, the Contractor shall receive the actual cost of materials delivered on the work, including the freight and handling charges as shown by original receipted bills, to which cost will be added a sum equal to 15% thereof. g. Rental rate for machinery, tools,or equipment(except small hand tools which may be used)and fuel and lubricants shall be based on the average monthly rental rate d}:it lished in the RENTAL RATE BLUE BOOK by Primedia Information, Inc. The Engineer and the Contractor shall agree on a rental rate in writing before extra work on force account basis-. is performed. Profit percentage shall not be added to the rental rate. ;,.;�; m 171 "D � Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 82 of 99 h. Compensation as herein provided shall be accepted by the Contractor as payment in full for extra work done on a force account basis. It will be assumed that such payment includes the use of tools and equipment for which no rate is allowed. overhead, and profit. i. At the end of each day, the Contractor shall prepare payrolls in duplicate for labor furnished on a force account basis, using the Contracting Authority's standard force account forms. Both copies shall be signed by the inspector and Contractor's representative. One copy shall be furnished to the Engineer and one to the Contractor. Claims for extra work performed on a force account basis shall be submitted to the Engineer in triplicate. To the claims snail be attached such receipts or statements as the Engineer may require in support of such claims. Such claims shall be tiled not later than the tenth day of the month following that in which the work was actually performed, and shall include all labor charges, rental charges on machinery, tools, and equipment, and all material charges insofar as they are available. 3. Extra Work Performed by the Subcontractor. The percentage markup to be allowed to the Contractor for extra work, including force account .vork, performed by a Subcontractor shall be in accordance with the following: • 10%on the first$50,000 with a$100 minimum. • 5%on the portion over$50,000. C. Deficient Work. 1. Payment for work judged by the Engineer to be deficient work will be made at the reduced rate specified in the contract documents or, if no such rate is specified,at a modification of the contract price, as determined by the Engineer. 2. All contract price adjustments will be subject to the concurrence of the Contracting Authority. 1109.04 CANCELLED WORK. A. The Contracting Authority will have the right to cancel any or all items from the contract when unforeseen circumstances, unanticipated design changes, or other reasons beyond the control of the Contractor prevent or unreasonably delay completion of the contract or certain items of the contract, or when the Contracting Authority determines that cancellation is in the public or national interest. B. The Contractor may be prevented from starting work on a contract or an identified phase of a contract as a result of a delay caused by the Contracting Authority or others. C. When the contract period is defined by the Approximate Starting Date and the delay prevents the Contractor's starting work on the contract or an identified phase of the contract for 30 calendar days beyond such date, the Contractor may request cancellation by written notice to the Engineer, stating the reasons therefore. D. When the contract period is defined by the Late Start Date and the delay prevents the Contractor's starting for more than 30 calendar days after the date of award of contract and at least 30 calendar days beyond the date which, by notice to the Engineer, the Contractor proposed to start work, the Contractor may request cancellation by written notice to the Engineer, stating the reasons therefore. E. In either case,within 30 calendar days from the date of the request, the Engineer will elimipate or minimize, if possible, the cause for the delay and issue a notice to proceed, redefine the basis on which the work is to proceed,or cancel the contract or phase of the contract. C2 , if F. The Contractor shall not use delays that occur prior to starting work or an identified.phasetifthe work as a basis of a claim against the Contracting Authority except for an extension corct C period. 'H J • G. Notices described in this article should be transmitted by certified mail. GJ .J H. For finished portions of non-major items canceled, the Contractor will be paid at the contrast unit prices, in accordance with the provisions of Article 1109.03. For finished portions of major4tems Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 83 of 99 canceled,the Contractor will be paid as provided in Article 1109.16. For all items, materials ordered and delivered for the unfinished portion of such canceled or omitted items, the Contracting Authority will pay cost plus 10% as an overhead charge. The Contractor's expense for work of handling or transporting this material shall be included in computing the cost. The Contracting Authority will also pay any actual expenses sustained by the Contractor by reason of such cancellation or omission and not represented by work completed or matenal delivered. In computation of material cost or expenses sustained, no anticipated profit will be included. Material paid for shall become the property of the Contracting Authority and shall be disposed of as directed by:he Engineer. 1109.05 PARTIAL PAYMENTS. A. Progress Payments. 1. For work extending over a period of more than 1 month,the Contractor will receive monthly progress estimate payments based on the amount of work completed in an acceptable manner. For Primary and Secondary projects in which the Contracting Authonty is the Department or a county Board of Supervisors, these progress payments will be bi-weekly if requested by the Contractor. For late payment, the Contracting Authority will pay a penalty of 1.0%per month(or part of a month),or a minimum of$250,whichever is the greater amount, on any work completed but not processed for payment within 14 calendar days after completion of the work. Completion of the work includes physical completion of the work and submittal of all paperwork required by the contract. 2. On contracts for which the contract sum is$10,000 or more, payments may be allowed based on value of processed or fabricated materials or rolled steel products which have been delivered on the work or 90%of the value of processed or fabricated matenal, or rolled steel products, reserved for the project and stored elsewhere within Iowa or in other locations where there is routine inspection by Departmental personnel, provided the materials are of acceptable quality and the manner of storage is satisfactory to the Engineer. 3. Should a reasonable doubt arise as to the integrity of any part of the completed work, the payment for that portion will not be allowed until the cause for such doubt has been removed. The Engineer's estimates of work completed will result in partial payments on the contract sum, and the allowance of a progress payment by the Contracting Authority does not constitute final acceptance of the work upon which the payments are based. 4. The Contractor shall sign the final voucher certifying the quantities are just and unpaid. B. Prompt Payment to Subcontractors. 1. The Contractor shall promptly pay each subcontractor.Any delay or postponement of payment among the parties may take place only for good cause,with written notification to the subcontractor. A payment, excluding retainage. to a subcontractor for satisfactory performance of the subcontractor's work shall be made by the Contractor no later than one of the following, as appiicable: a. 7 calendar days after the Contractor receives payment for the subcontractor's work. b. 7 calendar days after the Contractor could have received payment for the subcontractor's work, if the reason for nonpayment is not the subcontractor's fault. 2. The use of joint checks for payment to subcontractors for their materials is acceptable under the following conditions: a. The request for a joint check from the prime contractor is made by the materials supplier. b. The joint check issued by the prime contractor is for an amount not to exceed the cost of unpaid invoice(s)from the materials supplier to a subcontractor on that contract. c. The joint check is given to the subcontractor and the subcontractor must release the joint check to the material supplier. d. The use of a joint check by the prime contractor is applicable to all their subcontractors. I by Jr _ Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 84 of 99 C. Retainage. 1. Three percent of each progress estimate will be deducted and held as retainage on the first 51.000.000 paid on a contract.Additional retainage will be withheld to a maximum of$30,000 following retainage release if subsequent work is performed. 2. The Contractor may withhold up to 5% of each progress estimate on work performed by subcontractors.All retained funds due a subcontractor shall be payable by the Contractor within 30 calendar days after completion of the work completed by the subcontractor. Non- bonded subcontractors may be required to submit proof of payment for all material bills and wages to the Contractor before the Contractor is required to pay the retainage. 1. The retained funds held by the Contracting Authority for the contract will not be due and payable prior to 30 calendar days after the date of final acceptance of the entire contract or following the release or adjudication of claims that may have been filed,or until the Contractor has filed the signed final voucher with the Contracting Authonty. D. Complaints. 1. Compliance with prompt payment is the responsibility of both the Contracting Authority and Contractor. 2. If the Contractor feels the Contracting Authority has not complied with the prompt payment provisions, the initial attempt to resolve the issue shall be with the Project Engineer, stating the project number, items of work, quantities, unit pnces, dates work was performed, total amount owed,and signature of a representative of the Contractor. 3. If a subcontractor feels the Contractor has not complied with the prompt payment provisions, the initial attempt to resolve the issue shall occur with the Contractor. The attempt to resolve the issue shall include at least one written request to the Contractor, stating the project number, items of work, quantities. unit prices, dates work was performed, total amount owed, and signature of a representative of the subcontractor. 4. If the initial attempt to resolve the issue does not result in satisfactory payment for completed work, the Contractor or subcontractor shall submit a written complaint to the Office of Contracts. The wntten complaint shall include copies of the correspondence with the Project Engineer or Contractor that provides the details stated above. The Department will investigate and provide written response to the complainant within 15 business days of receipt of the complaint. E. Required Records. The Contractor shall retain records that document the date of completion of the field work of each subcontractor and the date of final payment(including retained funds)to each subcontractor. Prior to receiving final payment,the Contractor shall provide to the Engineer the"Certification of Subcontractor Payments"(Form 518002). This form shall include the names of each approved subcontractor, the date of completion of the work, the date of final payment, the number of days between completion and final payment, and explanations for any final payments made after the 30 calendar day period following completion. 1109.08 PAYMENT OF RETAINED FUNDS. Retained funds may be released by one of two methods. On contracts where the progress and final payment vouchers are paid by the Department the retainage will be released according to Paragraph A. On all other contracts the retainage may be released by either Paragraph A or Paragraph B below. A. Retainage Release. When 95% of the original contract amount has been completed to the satisfaction of the Engineer, and it is apparent that conditions beyond the control of the Contractor will delay completion pf,the contract for more than 60 calendar days, the Contractor may request payment of retained Wilds. If the Contracting Authority agrees, payment of the retained funds will be made no sooner tharr30 calendar days after approval. Arnali ri • r- m O N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 85 of 99 8. Supplemental Contract. 1. When 95%of the work has been per-formed to the satisfaction of the Engineer, including consideration of the contract period, and it is apparent that conditions beyond the control of the Contractor will delay the completion of the contract for more than 60 calendar days, the Contractor may request a supplemental contract for the uncompleted portion of work on the - same terms as those of the original contract. If the Contracting Authority agrees, and the surety for the Contractor consents to the extension of the bond for the time required to complete the supplemental contract. the supplemental contract will be issued.After the contract has been entered into, full payment will be made for the work completed except under circumstances which would prejudice the rights of those who have filed claims pursuant to Chapter 573. Code of Iowa. 2. The unpaid moneys held by the Contracting Authority as a retainer of the original contract price will be due and payable to the Contractor 30 calendar days after the date of the Contracting Authority's approval of the supplemental contract, except as provided for the release and adjudication of claims in Article 1109.05. 1109.07 CERTIFIED STATEMENT OF SALES TAX AND USE TAX PAID. Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials, supplies,or equipment in the performance of construction contracts let by the Department. 1109.08 RESERVED. 1109.09 FINAL ACCEPTANCE AND PAYMENT. A. Final acceptance is a written acceptance by the Contracting Authority. The Contracting Authority will make final acceptance promptly upon the satisfactory completion of the work. Final payment will be made as soon as possible following the expiration of statutory time for filing claims, or following adjudication or release of claims against the amount withheld. B. On all Interstate and Primary System contracts, interest shall be paid in accordance with IAC Chapter 27 and Chapter 573.12, Code of Iowa. Interest shall begin to accrue on retained funds on the date of the first progress payment until the date final payment is issued. Interest shall be paid on retained funds only if the accrued interest on those funds is greater than$25. The interest payment will be issued by a separate warrant within 2 weeks after issuance of final payment. Interest will cease to accrue on retained funds if: • After 90 calendar days following contract acceptance if the Contractor has failed to submit to the Contracting Authority documentation necessary for final payment or, • Upon payment of retained funds by a retention release voucher. C. On county or city administered contracts, failure to make final payment within 50 calendar days after final acceptance of the work, and if all requirements of the contract are complete, will cause interest to accrue and additional payment to be made in accordance with provision of Chapter 573, Code of Iowa. D. Completion of the work will be considered as the date of approval and work acceptance on "Statement of Completion and Final Acceptance of Work" (Form 830435) by the Engineer. When interest is to be paid, the date from which interest is to be calculated will be the 31st calendar day after all required materials, certifications,and other documentation required to be submitted by the Contractor are received by the Engineer, however, the Contractor will be paid no interest if final payment is made within 50 calendar days from the final acceptance. The signed final voucher is not required documentation, but if not retumed to the Engineer within 50 calendar days, it will be considered required documentation. E. Signing of the final voucher, or acceptance of payment based thereon, shall not waive any r{ tts of either party in the resolution of any claim filed in accordance with Article 1109.11. -) F. The Engineer must be satisfied as to the completion of each part of the work,and t alrtejeCtiny portion found to be inconsistent with the terms of the contract documents. �f c) 1�... 37; CO fV Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 86 of 99 1109.10 RESPONSIBILITY FOR PAYMENT. Payment for work will be made by the Contracting Authonty by warrants drawn against funds which are 'egally available for such work. 1109.11 DISPUTED CLAIMS FOR EXTRA COMPENSATION. A. In any case where the Contractor deems that extra compensation is due for work or material not clearly covered in the contract and not ordered by the Engineer as extra work as defined herein, the Contractor shall notify the Engineer in writing to make claim for this extra compensation before work begins on which the claim is based. B. The Contracting Authority will be responsible for damages attributable to the performance, nonperformance, or delay,of any other contractor,governmental agency, utility, firm, corporation, or individual authorized to do work on the project, only when these damages result from negligence on the part of the Contracting Authority, its Engineer.or any of its officers or employees. In any case where the Contractor deems that extra compensation is due from the Contracting Authority as damages resulting from these performances, non-performances,or delays, the Contractor shall notify the Engineer in writing at the time the delay occurs. C. In all cases, if this notification is not given, or if after the notification is given, the Engineer is not afforded facilities for keeping strict account of actual costs as defined for force account construction, the Contractor thereby agrees to waive the claim for extra compensation for this work. This notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not be construed as establishing the validity of the claim. The claim,when filed, shall be in writing and in sufficient detail to permit auditing and an intelligent evaluation by the Engineer. The claim shall be supported by such documentary evidence as the claimant has available and shall be verified by affidavit of the claimant or other persons having knowledge of the facts. If the claimant wishes an opportunity to present the claim in person,then the claim shall be accompanied by a written request to do so. Where the claimant asks an opportunity to present the claim in person, the Engineer,within 30 calendar days of the filing of the claim,will fix a time and place for a meeting between the claimant and the Engineer. The Engineer will, within a reasonable time from the filing of the claim or the meeting above referred to, whichever is later, rule upon the validity of the claim and notify the claimant, in writing, of the ruling together with the reasons therefore. In case the claim is found to be just, in whole or in part, it will be allowed and paid to the extent so found. D. The Contractor shall not institute any court action against the Contracting Authority for the adjudication of any claims until the claim has been first presented to the Engineer, pursuant to this article,and either submitted to arbitration or a request for arbitration is denied pursuant to Article 1109.12. 1109.12 ARBITRATION. A. If a Contractor's claim as outlined in Article 1109.11 has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from the date the ruling of the Engineer is mailed, make a written request to the Engineer that the claim or claims be submitted to a board of arbitration. The Engineer will decide whether the matter is one which is subject to arbitration and vill, within 30 calendar days of the receipt of the request for arbitration, grant or deny the same. The Engineers decisions will be final. B. The board of arbitration will consist of three persons; one to be chosen by the Engineer, one by tht3;A Contractor, and the third by the two arbitrators thus chosen. I >-t C. The arbitrators selected will be persons experienced and familiar with constructimii:orengiftR enng ". practices in the general type of work involved in the contract, but will not have beeni regular employee or an individual retained by either party at the time involved in the conirtiVeL$y, prat thern time of arbitration. . tv F-4 D. The board of arbitration will make its own rules of procedure and will have authority.:to exa�ii e records kept by the Engineer and the Contractor. If the desired records are not produced slit`in 14 calendar days after they are requested, the board of arbitration will proceed without them as best it may. In determining the findings or award,or both, the majority vote of the board will govern. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 87 of 99 Copies of the findings or award, or both, signed by the arbitrators will be filed with the Engineer and the Contractor. A unanimous report or minority report may be filed. The board of arbitration will fix the cost of the proceedings, including a reasonable compensation to the arbitrators, and will determine how the total cost shall be borne. E. The board of arbitration will have jurisdiction to pass upon questions involving compensation to the Contractor for work actually performed or materials furnished and upon claims for extra compensation which have not been allowed by the Engineer.Jurisdiction of the board will not extend to a determination of quality of work or materials furnished or to an interpretation of the intent of the plans and specifications except as to matters of compensation. Jurisdiction of the board will not extend to setting aside or modifying the terms or requirements of the contract. F. The findings or award, or both, of the arbitration board, if acceptable to both parties to the contract. may become a basis for final payment. G. If the findings of the arbitration board are unacceptable to either party to the contract, said findings may become the basis for further negotiations between the parties. If a solution agreeable to both parties has not been reached through the filing of a claim, through arbitration,or if arbitration has been denied, either party may resort to whatever other methods for resolving the claim are available. 1109.13 CLAIMS AGAINST CONTRACTOR. A. The Contractor guarantees the payment of all just claims against the Contractor or any of the Contractor's subcontractors in connection with the work. If another contractor on the project submits a claim for alleged damages caused by delay due to the Contractor not having completed the work in a timely manner,the Contractor's bond shall remain in effect until payment of such claims made or until litigation is concluded, at which time the bond will be released. B. Claims may be filed against the Contractor as provided in Chapter 573, Code of Iowa. The claims shall be submitted on forms provided by the Contracting authority. The amount of retainage held by the Contracting Authority is described in Article 1109.05. C. C. For public improvement projects let and paid by the Department,the claims shall be submitted to the Project Accounting and Payables Section, Office of Finance, Iowa Department of Transportation. For public improvements let by the County, claims shall be filed with the county auditor. For public improvements let by the City,claims shall be filed with the officer, board, or commission authonzed by law to let contracts for such improvements. D. The contract bond required by Article 1103.05 stipulates that the principal and sureties agree to pay to all persons, firms, or corporations having contracts directly with the principal or with subcontractors,all just claims due them for labor performed or materials furnished, in the performance of the contract on account of which the bond is given, when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvements, but the principal and sureties shall not be liable to said persons, firms,or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. 1109.14 TIME LIMITS FOR FINAL ADJUSTMENT. The Contractor shall understand that the Contracting Authority will not be bound to consider applications for correction of estimates and payments after the Contractor has signed the final estimate, or after 3Orcalendar days from the date when the final estimate is submitted to the Contractor for approval. Should an error be discovered as a result of the Contractors annual audit, an application for correction, promptly made, will be« considered. it I 1109.15 NATIONAL EMERGENCY PROVISIONS. n.< t !QC) p� A. The Contracting Authonty may, by written notice, with the approval of the FHWA Whim,appftcable 1 terminate the contract or a portion thereof when the Contractor is prevented frorrtj?oceeding withi-eiej the construction contract as a direct result of an Executive Order of the President with respebt to -,. the prosecution of war or in the interest of national defense, as provided in Chapter-573A,K9de of Iowa. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 88 of 99 B. When contracts, or any portion thereof, are terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract unit once, or as mutually agreed for items of work partially completed or not started. Claim for loss of anticipated profits will not be considered. Reimbursement for organization of the work (when not otherwise included in the contract)and moving equipment to and from the job will be considered where the volume of work completed is too small to compensate the Contractor for ;hese expenses under the contract unit prices, the intent being that an equitable settlement will be made with the Contractor. C. Acceptable materials,obtained by the Contractor for the work,which have been inspected, tested, and approved by the Engineer, and which are not incorporated into the work,will be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. D. Termination of a Contract or a portion thereof shall not relieve the Contractor of responsibilities for the completed work, nor shall it relieve the Contractor's surety of its obligation for and concerning any just claims arising out of the work performed. 1109.16 STANDARDIZED CONTRACT CLAUSES. A. Differing Site Conditions. 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract orf unknown pnysical conditions of an unusual nature,diffenng materially from those ordinanly encountered and generally recognized as inherent in the work provided for in the contract. are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific diffenng conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions matenally differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits,will be made and the contract modified in wnting accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. B. Suspensions of Work Ordered by the Engineer. 1. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry)and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer, in writing, a request for adjustment within 7 calendar days of receipt of the notice to esume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt,the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not :he fault of the Contractor, its suppliers, or Subcontractors at any approved tier,and not caused by weather, the Engineer will make an adjustment(excluding profit)ind modify the contract in writing accordingly. The Contractor will be notified of the Engineers,determination whether or not an adjustment of the contract is warranted. • 3. No contract adjustment will be allowed unless the Contractor has submitted 9 uest for adjustment within the time prescribed. •"p' -73T1 N.) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 89 of 99 4. No contract adjustment will be allowed under this clause to the extent that performance would lave been suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. C. Significant Changes in the Character of Work. 1. The Engineer reserves the right to make, in wnting, at any time during the work. such changes n quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under :he contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term"significant change" shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the onginal proposed construction;or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125%or decreased below 75%of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125%of original contract item quantity. The adjustment in unit price for an underrun in excess of 25%will be computed on the difference between the actual quantity and 75%of the original contract quantity. ry o X7-1 —tC'7 rn _� `gym —0 ti Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/1 1 Page 90 of 99 Section 1110. Progress Scheduling 1110.01 GENERAL. A. When specified in the contract documents, the Contractor shall submit a progress schedule of construction activities based on the CPM by the principles defined in the most current issue of THE USE OF CPM IN CONSTRUCTION published by the AGC. The CPM progress schedule may be hand or computer developed. B. The CPM progress schedule shall be used for coordination and monitoring of all work under the contract including all activity of subcontractors, vendors and suppliers. The CPM progress schedule shall include provisions for traffic control, any staging, and other events to complete a project or tied projects. This schedule shall be the Contractor's intended working schedule and shall be used to plan, organize and execute the work; record and report actual performance and progress; and forecast remaining work. 1110.02 SUBMITTAL OFA CPM PROGRESS SCHEDULE. A. Submitting a CPM Progress Schedule. When a submittal of a CPM progress schedule is specified in the proposal form, the successful bidder for the project must submit 5 copies of a satisfactory CPM progress schedule to the Contracts Engineer with the signed contract. Failure to submit a CPM progress schedule may result in suspension of bidder qualifications in accordance with Article 1102.03. A. B. Compliance with Intended Work. Upon receipt of the CPM progress schedule, the schedule will be reviewed for compliance with the intended work. The Contracting Authority will notify the Contractor within 10 calendar days after receiving the CPM progress schedule if the schedule is approved or if any corrections or revisions are needed. If corrections or revisions are required for the initial CPM progress schedule, the Contractor shall submit 3 copies of the revised CPM progress schedule to the Engineer 10 or more calendar days before the preconstruction conference. If the Contractor fails to submit a revised CPM progress schedule as stated above, the Contractor's bidder qualification may be suspended according to Article 1102.03. A, and the contract may be declared in default according to Article 1108.10. 1110.03 REQUIREMENTS FOR THE CPM PROGRESS SCHEDULE. The CPM progress schedule submitted shall be a network diagram with a numerical tabulation for each activity. A. Network Diagram. 1. The network diagram shall show a logical sequence and quantities of the required work. The network diagram shall also show the order and interdependence of activities. The Contractor shall prepare the network diagram making use of the crew hour estimates and material delivery schedules so that the project or tied projects are completed within the specified contract period. The Contractor shall take account in the network diagram for any critical closure periods and limitations of operations specified in Article 1108.03. the contract proposal, or the plans. 2. The basic concept of network scheduling shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and how its completion may affect the start of following activities. The network diagram shall include the following;.. • activity description -- • activity duration (work days) C7 ""t • • intended production rates :1;2:7; Y • any activity done by a subcontractor noted (the subcontractor identifiede`3'< I • location of activity • critical path noted K r n -D • event nodes numbered 21,7 • all restraints noted - • C„) • slack "or float"for each activity(work days) ry • work days calendar which extends for the length of the contract plus 25%additional time Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 91 of 99 • dummy paths noted • start/completion dates B. Numerical Tabulation. 1. The Contractor shall include a numerical tabulation for each activity shown on the detailed network diagram. The following information shall be furnished as a minimum for each activity on this tabulation: • event nodes numbered • activity description • activity location • if activity done by a subcontractor(identify the subcontractor) • estimated duration (work days) • earliest start date(calendar date) • earliest completion date(calendar date) • latest start date(calendar date) • latest completion date(calendar date) • contractor's intended start date (calendar date) • contractor's intended completion date(calendar date) • slack or float for each activity(work days) • quantities involved on each activity based on the Contractor's intended start and completion date 2. This numerical tabulation may be either a computer printout or prepared manually. There shall be a column for each of the above requirements. C. Other Specific Requirements. 1. The construction time, as determined by the CPM progress schedule, for the entire project or any milestone shall not exceed the specified contract period. No individual activity duration shall be longer than 20 working days unless specified in the contract proposal or by the Contracting Authority.A unique activity numbering system shall be used to identify activities by bid items,work items, areas, procurements, or subcontractors. If subnetworks are used, no two activities shall bear the same activity number or description. 2. There shall be a legend with the CPM progress schedule defining all abbreviations, terms, or symbols used. 1110.04 USE OF CPM PROGRESS SCHEDULE IN CONSTRUCTION OPERATIONS. A. No contract work shall be done without a CPM progress schedule approved by the Engineer. The items in the activities for the denoted critical path will determine the controlling operations of the work for the charging of working days. B. During the life of the project, the Contractor shall review the CPM progress schedule with the Engineer biweekly unless otherwise specified. The Contractor shall submit a revised CPM progress schedule within 5 working days of the review meeting if the Contractor is behind schedule or if the schedule has been modified.All revised CPM progress schedules must be approved by the Engineer. For each revised CPM progress schedule, the Contractor shall submit 3 copies to the Engineer. C. If the Contractor deviates from the current approved CPM progress schedule by not following the logical sequence of the critical path, payment will be withheld for the pay items for the affected activities until the Contractor submits a revised CPM progress schedule and this schedule ism approved by the Engineer. C� J �^ D. A revised CPM progress schedule will be required if the controlling operation falls 0;working:I:lays syn behind schedule,the Engineer then may take steps specified in Article 1108.02. Kr.tb jpSure'- . satisfactory completion of the project. If the controlling operation falls 20 working da_ys_behir61, � schedule and it appears that the completion of the project in the specified time is in,lkOpardy, the I. irl Z7 ri L 1 a A iV N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 92 of 99 Contracting Authority may take action described in Article 1102.03, B, and Article 1103.01 and may lake further action descnbed in Article 1108.01 K. 1110.05 METHOD OF MEASUREMENT AND BASIS OF PAYMENT. The cost of preparing and revising the CPM Progress Schedule shall be included in the bid item for Mobilization. C") L, Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 93 of 99 Section 1111. Incentive/Disincentive for Early Completion 1111.01 GENERAL. A. I/D provisions for early completion of specific highway construction projects with critical closure activities may be assigned by the Department. Early completion may be specified for an entire project or for designated portions of a project. B. Projects on which I/D provisions will apply have the 1/D daily rates. the critical closure activity, the number of closure days allowed,the total working days for the project, and the maximum incentive payment shown on the proposal form. 1111.02 DEFINITIONS. A. Critical Closure Activity. Critical closure activities on highway construction projects are those activities specified in the contract documents where traffic movements are adversely affected causing undue delay and operating costs. B. Closure Day. A closure day is a calendar day during the cntical closure activity. A closure day will be counted for each calendar day or portion of a day during the critical closure activity. The number of closure days given will assume some delay caused by weather. The Contractor may work any days and hours within the critical closure activity. C. IID Daily Rate. The l/D Daily Rate is the incentive or disincentive dollar amount per day assigned by the Contracting Authority, that will be applied to the contract for incentive payment or disincentive assessment. 1111.03 CONSIDERATION FOR EXTRA WORK OR DELAYS DURING THE CRITICAL CLOSURE ACTIVITY. A. The duration of a critical closure activity will be in closure days. Closure day credits will not be given within the assigned critical closure activity. B. Additional closure days may be added when approved by the Engineer for extra work, overruns of contract items, or extraordinary circumstances. C. Approved extra work or overruns of contract items that will delay the Contractor during the critical closure activity must be documented and included in the critical path of the project on a revised critical path diagram which is subject to the approval of the Engineer. An additional closure day may be added for each additional closure day caused by the approved extra work or overruns of contract items as shown on the revised critical path diagram and approved by the Engineer. D. Non-weather related extraordinary circumstances that delay the Contractor during the critical closure activity must be documented by the Contractor and a written request for additional closure days must be submitted to the Engineer within 10 calendar days of the beginning of the delay. The Engineer will approve or deny all requests for additional closure days resulting from non-weather related extraordinary circumstances. Non-weather related extraordinary circumstances shall be ,imited to the following: 1. Strikes. Strikes which are not directed against the Contractor. 2. Legal Stoppages. r„ Legal Stoppages will be allowed if they result from legal action against the Contracting`? Authority or against the Contractor if not based on a specification violation. '- �C7 " c7i 3. Late Delivery of Material. fi Procurement of material for a project is the sole responsibility of the Contrackaf.rtate delivery., .vill be considered an extraordinary circumstance only when the Contractor ii5}?towrtfilat :17; fV 1V Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 94 of 99 orders were placed with a reliable supplier in sufficient time for materials to be delivered when -.eeded and only when there is: a. A nationwide shortage; or b. An industry wide strike; or c. Transportation strike which delays the delivery of material; or d. Delays due to a change in matenal commitments when caused by a Federal emergency or order. 4. Natural Disaster. A suspension order may be issued on any project in a declared disaster area,if the disaster causes conditions that do not allow productive work. E. Adverse weather including rain, snow, wind, flood. extreme heat, and the results thereof, such as inaccessibility or non-workability of materials, is only considered as extraordinary circumstance if the Contractor is working or ready to work on the contract and the adverse weather conditions do not allow productive work on the critical path. Adverse weather that delays the Contractor during the cntical closure activity must be documented by the Contractor and a written request for additional closure days must be submitted to the Engineer within 10 calendar days of the beginning of the delay. Some delays for weather have been included in the number of closure days allowed. Therefore, additional closure days for adverse weather will not be allowed for the first 5 consecutive closure days of each delay. 1111.04 WORK OUTSIDE THE CRITICAL CLOSURE ACTIVITY. A. The contract period may specify a number of working days. These days are provided to complete work prior to and/or following the cntical closure activity.Working days will not be charged on any calendar day that a closure day is charged. B. The liquidated damage rate shown on the proposal will be assessed for each working day used in excess of the number of working days specified. 1111.05 I/D PAYMENT OR ASSESSMENT. A. Incentive Payment. For the number of closure days remaining after completion of the critical closure activity, the Contractor will be paid the I/D daily rate as an incentive payment. Maximum incentive payment will not exceed that amount shown on the proposal. Incentive payments will be made in accordance with Article 1109.09. B. Disincentive Assessment. For the number of closure days used to complete the work required in a critical closure activity in excess of the specified closure days,the Contractor will be assessed the I/D daily rate. There will be no maximum amount for the disincentive assessment. O C 1 r'- 4 —in c-1 C. N c,-) Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 95 of 99 Section 1112. A+B Bidding 1112.01 GENERAL A+ B Bidding may be assigned by the Department. If so, the determination of the low bidder will involve a combination of the contract sum and the bidder's proposed time to complete all work designated in the A+B portion of the proposal form. 1112.02 DEFINITION. A. Critical Closure Activity. Critical closure activities are those activities specified in the contract documents where traffic movements are adversely affected causing undue delay and operating costs. The Critical Closure Activity will be defined in the proposal form. B. Closure Day. A closure day is a calendar day during the critical closure activity.A closure day will be counted for each calendar day or portion of a day during the critical closure activity. The Contractor may work any days and hours within the critical closure activity. C. Daily Road User Cost The amount which represents the average daily cost of interference and inconvenience to the road user. The daily road user cost will be shown on the proposal form. 1112.03 PREPARATION OF PROPOSAL. The bidder shall establish the number of calendar days to be used to complete the work required under the A + B portion of this contract as identified in the proposal form. The proposal may state a maximum number of calendar days allowable. Bids showing time for completion in excess of this maximum amount will be considered non-responsive and will be rejected. 1112.04 CONSIDERATION OF BIDS. A. Each bid submitted shall consist of two parts: (A) The contract sum. (B) Total number of calendar days proposed by the bidder to complete all work defined as the Critical Closure Activity in the proposal form. The bidder shall enter the number of calendar days on the proposal form. B. The bid amount for award consideration will be determined by the following formula: (A)+ [(B)x (Daily Road User Cost)]= Bid amount for award consideration. 1112.05 WORK OUTSIDE THE CRITICAL CLOSURE ACTIVITY. A. Work performed on any calendar day prior to and/or following the critical closure activity will have working days charged according to Article 1108.02, D, of the Standard Specifications.Working days will not be charged on any calendar day that a closure day is charged. B. The liquidated damage rate shown on the proposal will be assessed for each working day used in excess of the number of working days specified. C12.) 1112.06 IID PAYMENT OR ASSESMENT. :.' —1-11 a A. Incentive Payment. For the number of closure days remaining after completion of the critical closure-activity, Contractor will be paid the I/D daily rate as an incentive payment. Incentive pay will e ma in accordance with Article 1109.09 of the Standard Specifications. -`rr; D B. Disincentive Assessment. • For the number of closure days used to complete the work required in a critical closure aFpyity in excess of the specified closure days, the Contractor will be assessed the I/D daily rate. There will be no maximum amount for the disincentive assessment. Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 96 of 99 1112.07 CONSIDERATION FOR EXTRA WORK OR DELAYS DURING THE CRITICAL CLOSURE ACTIVITY. Article 1111.03 applies. 1112.08 DETERMINATION OF DBE GOOD FAITH EFFORT. The percentage of DBE Commitment for each bidder will be computed by dividing their DBE Commitment by their bid for the Contract Sum(A). This percentage will used in the Contract Award Procedures listed Article 1102.17. O • , --1 : Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 97 of 99 Section 1113. Hourly Lane Rental (A+ B Bidding with Incentive/Disincentive) 1113.01 GENERAL. The determination of the low bidder involves a combination of the contract sum and the bidder's proposed time to complete the work designated as the A+B portion of this project. These specifications also describe ane rental procedures with incentive/disincentive under which the Contractor will be assessed a rental rate for each lane closure. Rental days will be used for bidding purposes: however, charging of rental time will be based on a rental hour. 1113.02 DEFINITION OF TERMS. A. Rental Day. For bidding purposes only, a rental day is equal to 24 rental hours. The bidder shall bid rental days in whole numbers. B. Hourly Rental Rate. 1. The amount, as determined by the Contracting Authority and shown in the proposal form, which represents the average hourly cost of interference and inconvenience to the road user for each lane closure. 2. The proposal form may identify separate peak, non-peak, and shoulder rental rates. Unless otherwise stated in the contract documents. the peak rate will be between 6:00 a.m.to 9:00 a.m. and 4:00 p.m.to 7:00 p.m.:the non-peak rate will be all other hours.The shoulder rate will occur whenever a shoulder is closed. C. Rental Hour. Any 60 minute period or portion of a 60 minute period beginning at the time a lane or shoulder is closed by the Contractor's operation. 1113.03 PREPARATION OF PROPOSAL. The bidder shall calculate the number of rental days from the number of rental hours they estimate using to complete the work required under the A+B portion of this project. 1113.04 CONSIDERATION OF BIDS. A. Each bid submitted shall consist of two parts: (A) The contract sum. (B) Total number of rental days proposed by the bidder. The bidder shall enter the number of rental days on the proposal form. B. The bid amount for award consideration will be determined by the following formula: (A)+ ((B)x (Daily Road User Cost)] = Bid amount for award consideration. 1113.05 CHARGING OF CONTRACT TIME. A. The proposal form will identify the portions (geographic section of traffic stage)of the project for which lane rental applies. B. The proposal form will also include working days to complete work not requiring a lane closure. These working days will be charged according to Article 1108.02, D. The working days will be assessed based on a separate controlling operation for the items of work that do not require a lane closure. C. The Contractor shall record the time a lane or shoulder is closed,whether work is being performed or not.The Contractor shall submit to the Engineer, in writing, a log of lane closure activity. This report shall be submitted to the Engineer daily(reporting the previous days activities)and-shall include station location (beginning and ending)of every closure, and hours of use ibeginag time, ending time,and total hours per closure). This report shall also include a writtertstatemept of any objections to rental hours or rates charged. <= D. A lane closure will be identified as any of the following instances: CI I". Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 98 of 99 • Lane closure commencing with a taper or when access to a lane is denied continuing through the ending taper, • Access is denied to a turning lane(left or right), or • Ramp closure(does not include narrowing of a ramp where traffic is allowed access) E. Rental periods for multiple lane closures, both longitudinally and transversely, will be assessed simultaneously for each lane that is closed. Lane rental will not be charged for shoulder closures that are adjacent to lane closures. Turn lane closures will be counted when a turn lane is not available to turning traffic. When a ramp is closed, each lane closed on the ramp will be assessed independently. Rental penods for shoulder closures will be assessed independent of lane closures. 1113.06 LANE RENTAL PAYMENT OR ASSESSMENT. Lane rental payment or assessment will be as follows: A. Incentive Payment. The Contractor will be paid an amount equal to the hourly rental rate multiplied by the time remaining if the time used is less than the time bid. Maximum incentive payment will not exceed the amount specified on the proposal form. If not shown, there will be no maximum amount for incentive payment. Incentive payments will be made in accordance with Article 1109.09. B. Disincentive Assessment. The Contractor will be assessed an amount equal to the hourly rental rate multiplied by the time used that is in excess of the time bid. There will be no maximum amount for disincentive assessment 1113.07 CONSIDERATION FOR EXTRA WORK OR DELAYS DURING LANE RENTAL CHARGES. A. Lane Rental by Hour. No consideration for additional time will be considered for the first 10 consecutive hours of delay for each extraordinary circumstance. The Contractor will be responsible for obtaining necessary weather forecasts prior to the lane or shoulder closure. B. Additional Time. Additional time will be given by the Engineer for extra work, overruns of contract items, or extraordinary circumstances meeting the following requirements: 1. Approved extra work or overruns of contract items that extend the duration of the closure shall be documented and included in the critical path of the project. The revised cntical path diagram shall be submitted to the Engineer for approval. 2. Non-weather related extraordinary circumstances that delay the Contractor during the lane closure shall be documented by the Contractor and a written request for additional closure time shall be submitted to the Engineer within 72 hours of the beginning of the delay. The Engineer will approve or deny all requests for additional closure time resulting from non-weather related extraordinary circumstances. Non-weather related extraordinary circumstances will be limited to the following: a. Strikes. Strikes which are not directed against the Contractor. b. Legal Stoppages. Legal Stoppages will be allowed if they result from legal action against the Contracting Authority or against the Contractor if not based on a specification violation. c. Late Delivery of Material. Procurement of material for a protect is the sole responsibility of the Contractor. Late delivery will be considered an extraordinary circumstance only when the Contractorcan show that orders were placed with a reliable supplier in sufficient time for-matenalivto be delivered when needed and only when there is: 1) A nationwide shortage;or = t'-- D-t iii 2) An industry wide stake; or == 3) Transportation strike which delays the delivery of material; or "? a t' y���• 4) Delays due to a change in matenai commitments when caused by rtperatjl emergency or order. r� - Cafe � ` W ter) � N N Case 4:11-cv-00260-JEG -TJS Document 2-1 Filed 06/01/11 Page 99 of 99 d. Natural Disaster. A suspension order may be issued on any project in a declared disaster area, if the disaster causes conditions that do not allow productive work. 3. Adverse weather related extraordinary circumstances including rain, snow, wind, flood, and the results thereof, such as inaccessibility or non-workability of matenals, is only considered as extraordinary circumstance if the Contractor is ready to work on the contract and the adverse weather conditions do not allow productive work on the critical path.Adverse weather that delays the Contractor during the lane closure shall be documented by the Contractor and a written request for additional closure time shall be submitted to the Engineer within 72 hours of the beginning of the delay. ei O- _ c,_< I �. —t-n c' rn a% 0 N END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV073135 Plaintiff, vs. WILLIAM X. WANG; MIA WANG; NOTICE OF INTENT ET AL. TO FILE WRITTEN APPLICATION FOR DEFAULT Defendants. o F3 — TO: DEFENDANT: City of Iowa City -�__ DATE OF NOTICE: May 10,2011 =in N r- M :"(n-)r- -v cam '? IMPORTANT NOTICE w 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. LYNCH, GREENLEAF & M HAE , L.L By Crysy, K. Raiber : #AT0009768 1402 Willow Creek Court P.O. Box 1757 Iowa City, Iowa 52244 (319)351-1056 (319) 338-6834 FAX ATTORNEY FOR PLAINTIFF C/Q END OF CASE FILE