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HomeMy WebLinkAbout2017 Lawsuits E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) Plaintiff, ) No. EQCV vs. ) ) ORIGINAL NOTICE MAHONEY CUSTOM HOMES,INC., ) CITY OF IOWA CITY,IOWA,AND ) PARTIES IN POSSESSION OF 15 EALING ) DRIVE,IOWA CITY,IOWA, ) Defendants. 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 a defendant in this action.A copy of the petition(and any documents filed with it)is attached to this notice. The name and address of Petitioner's attorney is Ryan J. Prahm, 425 E. Oakdale Blvd, Suite 201, Coralville, IA 52241. The attorney's phone number is(319)351-2028 and facsimile number is(319)351-1102. You are further notified that the above case has been filed in a county that utilizes electronic filing. 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 Linn County, at the courthouse in Cedar Rapids, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16,division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at (319) 398-3920. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800- 735-2942). Disability coordinators cannot provide legal advice. CLERK OF COURT Important: You are advised to seek legal advice to protect your interests. >-1 fl") ....,,. C)-‹ (fib 0 4y (-Dior n+oYi -- {00212537) STATE OF IOWA JUDICIARY Case No. EQCV079238 County Johnson Case Title SOLON STATE BANK VS MAHONEY CUSTOM HOMES, INC. THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.uslEfile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942,) Date Issued 08/16/2017 03:24:11 PM r�R / � 14eza ( 0 • 3 .4 , ! ...„::("3 As ....ri : z�cP �. •� --it7 tV ,•s �m rn �;� ��a,,4 ., -n District Clerk of Johnson County 5 •• 0 /s/ Wendy Lonngren — E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) Case No. ) vs. ) ) PETITION FOR FORECLOSURE MAHONEY CUSTOM HOMES,INC., ) CITY OF IOWA CITY,IOWA,AND ) PARTIES IN POSSESSION OF 15 EALING ) DRIVE, IOWA CITY,IOWA, ) Defendants. ) NOTICE i P THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTIONn'HIS 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 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, Plaintiff Solon State Bank by its undersigned attorneys, Pugh Hagan Prahm PLC, Ryan J. Prahm hereby files its Petition for Foreclosure, and states the following cause of action against Defendants: 1. Plaintiff Solon State Bank is an Iowa state-chartered bank with offices in Iowa, engaged in mortgage lending in Johnson County, Iowa. 2. Defendant Mahoney Custom Homes, Inc., is an Iowa corporation,with its home office in Johnson County, Iowa and is the owner of the real property legally described as: {00212449} 1 E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT Lot 53, Part Eleven, Bryn Mawr Heights, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 18, Page 40, Plat Records of Johnson County, Iowa. and locally known as 15 Ealing Drive, Iowa City, Iowa 52246 (the "Real Property"). 3. On November 4, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated May 11, 2009, May 17, 2011, May 3, 2013, and May 17, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an amount of$204,000.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter "Note No. 4010062206"). Note No. 4010062206 is attached hereto as Exhibit "A" and by this reference made a part hereof. The payoff on Note No. 4010062206 as of July 17, 2017, is $201,455.42. Interest accrues on the unpaid principal balance from and after July 17, 2017, in the amount $198,449.30 at the rate of 6.25% per annum. Per diem accrual is in the amount of$33.9810. 4. To secure Note No. 4010062206 Defendant Mahoney Custom Homes, Inc. executed and delivered an Open-End Real Estate Mortgage securing credit up to $270,000 to Solon State Bank on November 4, 2008 (the "Mortgage"). The Mortgage is a lien against the Real Property. The Mortgage was filed for record in the office of the Recorder of Johnson County, Iowa, on November 14, 2008, in Book 4365, Page 709, of the records of that office. A copy of the Mortgage is attached hereto as Exhibit"B", and by this reference made a part hereof. 5. Defendant Mahoney Custom Homes,Inc. is in default of its obligations under the Note No. 4010062206 and the Mortgage. Specifically, Defendant has failed to make payments required under Note No. 4010062206. 6. Solon State Bank has elected, pursuant to the terms of Note No. 4010062206 to accelerate the time of payment of such Note and has therefore declared the etre inc,tedness el 22. immediately due and payable under the Note. F -• 'I r- m {00212449} 2 _ E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 7. On July 3, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration along with an Iowa Mortgage Mediation Notice for Note No. 4010062206, copies of which are attached hereto as Exhibit "C". 8. On July 12, 2017, Defendant made a partial payment of$1,325.00, all of which was credited to interest on the Note. 9. On July 14, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration for Note No. 4010062206 a copy of which is attached hereto as Exhibit"D". This notice did not account for the July 12, 2017 payment,which has been accounted for in this Petition. This letter was returned undeliverable. 10. On July 28, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration for Note No. 4010062206 (to the address shown thereon) a copy of which is attached hereto as Exhibit"E". 11. Defendant City of Iowa City, Iowa, a municipal corporation is joined as a party to this action as a result of a Judgment entered in Case No. ICCISC090678 against Mahoney Custom Homes, Inc. on May 15, 2017, in the amount of$500.00,plus court costs. Defendant City of Iowa City, Iowa, a municipal corporation's rights to the Real Property which are subject to this action, are junior to Solon State Bank. 12. Defendant Parties in Possession are those individuals made a party to this action because they may claim some right, title or interest in the Real Property which is subject to this action by occupying or leasing space at the Real Property.Defendant Parties in Possession's rights to the Real Property which is subject to this action are junior to Solon State Bank. 13. The above-referenced Defendants are collectively referred to as the "Defendants." 14. The indebtedness due and payable under Note No. 4010062206 ecu ed by. 0-4 N Mortgage consists of: '.. r (a) an unpaid principal balance in the amount of$198,449.30 Q Z {00212449} 3 17) r E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT (b) interest as provided in Note No. 4010062206 through July 17, 2017, in the amount of$3,006.12,with interest continuing to accrue from July 17, 2017, at the daily rate of$33.9810; and (c) abstracting charges in the amount of$120.00. 15. Note No. 4010062206 allows Solon State Bank to collect attorneys' fees according to the terms and obligations owed of the note. Additionally, the Mortgage terms allow Solon State Bank to collect attorneys' fees in connection with enforcing and protecting Solon State Bank's rights under the Mortgage. Solon State Bank's attorneys will file their Affidavit Re: Compensation separately. Solon State Bank asks for such attorneys' fees as may be approved by this Court. 16. Solon State Bank elects foreclosure without redemption and waives any right to a deficiency judgment against Defendant Mahoney Custom Homes, Inc. The Real Property is not a homestead of Mahoney Custom Homes, Inc., and is not agricultural in nature or use. 17. Solon State Bank is the owner and holder of Note No.4010062206 and the Mortgage. Solon State Bank has demanded payment and payment has been refused. 18. Neither,Defendant Mahoney Custom Homes, Inc.,or its President Keith Mahoney are in the military service of the United States of America, nor entitled to the privileges under the provisions of the Servicemembers' Civil Relief Act enacted December 19, 2003, 50 U.S.C. App. §§ 501-596,and an affidavit pursuant to said Act will be filed separately. 19. The Real Property is not: a) agricultural land as defined in Iowa Code § 9H; b) agricultural property as defined in Iowa Code § 654A.1; c)used for an agricultural purpose as defined in Iowa Code § 535.13; or d)used for farming as defined in Iowa Code § 175.2. 20. All Defendants named in this action have or claim to have some lien uporar interest in the Real Property. The interests or rights of all Defendants in at to the Real Prop re klbordfirtt and junior to Solon State Bank's Mortgage and as such are all subject to extinguishrn` y#ereclo . 7't WI rn WHEREFORE, Solon State Bank prays: = * r) 0 {00212449} 4 �' r E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT (a) For judgment in rem against the Real Property with this judgment being in the amount of$201,575.42 together with interest at the rate of$33.9810 per day from July 17,2017,plus all taxes, insurance, attorneys' fees,court costs, abstracting charges, Sheriff's fees, advances made on behalf of the Defendants, costs and accruing costs, and that said sum be declared a first lien upon the Real Property from the date of Solon State Bank's Mortgage,prior to and superior to any right,title, lien or interest of the Defendants. (b) That Solon State Bank's Mortgage be foreclosed for the full amount of said judgments, interest and costs. (c) That upon application by Plaintiff, a receiver be appointed to take charge of the Real Property and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of Plaintiff's judgment. (d) That any right, title, lien or interest of the Defendants in the Real Property be decreed junior and inferior to the lien of Solon State Bank's Mortgage. (e) That a special execution issue from the Court to the Johnson County Sheriff,promptly upon entry of judgment directing the sale of the Real Property or so much thereof as may be necessary to satisfy said judgments, including interest, attorneys' fees, abstracting charges, and accruing costs and advances made by Solon State Bank to safeguard its mortgage lien encumbering the Real Property, and that at the time of Sheriff's sale, a Sheriff's Deed be issued to the purchaser of the Real Property. (f) That in the event the Defendants file a demand for delay of sale herein, the execution sale be delayed for a period of not more than two months from the entry of judgment, in the event the mortgaged Real Property is not its/his/her residence,and for a period of not more than six months from the entry of judgment in the event the mortgaged Real Property is its/his/her resi iSic,,�e, a� hereby waives any right to deficiency judgment against Defendants which might arise out*4 pj eed' -orn {00212449} 5 R3 0 E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT (g) That upon said sale under special execution, the right, title, lien or interest of the Defendants in and to the Real Property be forever cut off, barred and foreclosed and the purchaser at the Sheriff's sale shall be awarded a Sheriff's Deed free and clear of any right, title,lien or interest of the Defendants to the Real Property. (h) That in the event Solon State Bank is required to advance any sums for taxes,insurance or other expenses to safeguard its mortgage liens encumbering the Real Property, it shall be given an additional lien against the Real Property for the advanced sums. (i) That the Court recite in the Decree of Foreclosure that no third persons may obtain an interest in and to the Real Property after this action has been indexed by the Clerk of Court pursuant to Iowa Code § 617.11. (j) For such other and further relief as the Court may find Solon State Bank entitled to and as may be just and equitable in the premises. Respectfully Submitted, PUGH HAGAN PRAHM PLC By: /s/Ryan J. Prahm RYAN J. PRAHM AT0010114 425 E. Oakdale Blvd, Suite 201 Coralville, IA 52241 PHONE: (319) 351-2028 FAX: (319) 351-1102 Email: rprahmna,pughhagan.com ATTORNEYS FOR PLAINTIFF C -72 rn rs. {00212449} 6 MAHONEY CUSTOM HOMES,INC SOLON STATE BANK EXHII3I I 2809 SUNSET DRIVE N.E. E-FILED 42®5fi741.I1a1Rift er24 PM JOHNSON - CL R QF OA) ' " • IF 0' SWISHER,IA 52338 P.O.BOX 129 Date 11-04-7008 _ n SOLON,IA 52333-0129 Maturity Date 04-ri-700R s Cl Loan Amount 8 704 000 00 Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 20.3585619 "I-includes each borrower above,jointly end severally. "You"means the lender,its successors and assigns. For value received, promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of TWO HUNORFO FOUR THOUSAND AND N01100 Dollars 8 204 000.00 ❑ Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. C9 Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On 11.042008 I will receive the amount of 9204.000 QO and future principal advances are contemplated. Conditions:The conditions for future advances are C Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more then one time. This feature is subject to ell other conditions and expires on DN Closed End Credit:You end I agree that I may borrow up to the maximum only one time land subject to all other conditions). INTEREST: I agree to pay interest on the outstanding principal balance from 11.04.2008 at the rate of 7 7E1% per year until (1415.7008 L: Variable Rate:This rate may then change as stated below. r, Index Rate:The future rate will be the following index rate: I 1 No Index:The future rate will not be subject to any internal or external index. It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often as . A change in the interest rate will take effect ❑ Limitations: During the term of this loan,the applicable annual interest rate will not be more than %or leas than %.The rate may not change more then %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change. ACCRUAL METHOD:Interest will be calculated on a ACTUAL1365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until peid in full,as stated below: on the same fixed or variable rate basis in effect before maturity las indicated above). IX et a rate equal to 15%PER ANNUM ❑ LATE CHARGE:If a payment is made more than days after it is due,I agree to pay a late charge of _ •f ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which 1X are ❑ are not included in the principal amount above: PAYMENTS: I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 04.15.2009. .X Unpaid Interest: Any accrued interest not paid when due (whether due by reason of a schedule of payments or due because of Lender's demendl N will become part of the principal thereafter, and will bear interest at the interest rate in effect from time to time as provided for in tj s agreement. CD ADDITIONAL TERMS: *,�re")ti ell —1 G') •�� c2 < N r— IA If checked,this note is a credit agreement subject to lows Code I 535.17 and the following notice is applicable to this note. .�-� ,.c• rn IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAU$L ONLY THESE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED) F5 IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. -' .," G9 SECURITY: This note is separately secured by (describe separate I PURPOSE: The purpose of this loan is FINANCE TRADE-INHOUSE document by type end datel. A REAL ESTATE MORTGAGE DATED 11.04.08 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING THOSE ON PAGE 2 havereceiveda opy on today'sto7ddeteee. Role uc,ton In tot vow4,10 Internes wa.rJlur.to'sat a.ep,.r.wnorny document does net mean,be MAHD ,I� �"J IYI_y"'E`�• I��/ ':(21 aerwmenr will rot wcVrs Mle no,e.l J � KEITH F.MAHONEY, PRESIDENT ' Signature for Lender _ 0 NEIL ERUSHA,PRESIDENT UNIVERSALc�� -� NOTE r-�•r-+e-='4: 01864.1991 Bankers Systems,inc.,St.Cloud.MN Form UN-IA 3/4/2002 (page 1 or 2' DEFINITIONS: As used on page 1, '3 ' means the terms that apply to DEFAULT: I will be in •.fault if any one or more of the following occu t q Qc 7ryA .q!y�s�r Bgp,�i qt��i n�-.t�I time or in tho arnount due; (21 I fad t E-Flys edf��r�tJrO drUogalceatisyl'fhtr11Sd1� Alats Fla>�re61(� l�6ed-Mt����i ,M, rT}4oquHed; (3) I hil to pay, or keep an end sureties) who agrees to pay this note(together referred to as 'us"). promise,on ary debt o agreement I have with you;(4)any other croditc "You"or'your means the Lender and its successors and assigns. of mine attempts t. collect any debt I owe him through cow • APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; 151 I die, m declared Incompetent, make an assignment fc Any term of this note which is contrary to applicable law will not be the benefit of creditors or become insolvent(either because my liabilitie effective,unless the law permits you and me to agree to such a variation. exceed my assets or I :m unable to pay my debts as they become due 11 any provision of this agreement cannot be enforced according to its 16)1 make any written .tenement or provide any financial information the terms, this feet will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; 171 I do or fail to d anreerrient. No modification of this agreement may be made without your something which cau es you to believe that you will have difficult express written consent.Time is of the essence in this agreement. collecting the amount owe you; (81 any collateral securing this note i COMMISSIONS OR OTHER REMUNERATION: I understand and agree that used in a manner or to a purpose which threatens confiscation by a lege any insurance premiums paid to insurance companies as part of this note authority; (91 I change my name or assume an additional name withoi will involve money retained by you or paid beck to you as commissions or first notifying you be•re making such a change; (101 I fail to plan' other remuneration, cultivate end harvest rope in duo season; 111) any loon proceeds er In addition,I understand and agree that some other payments to third used for a purpose t at will contribute to excessive erosion of high) parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agriculture paid back to you as commissions or other remuneration, commodity, as furtle explained in 7 C.F.R. Part 1940, Subpart C PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note i The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural lend las defined In lows Code i 172C.11 and I er and then unpaid principal. If you and I agree to a different application of in default on this note you will give me notice of my right to cure. Yo payments, we will describe our agreement on this note. I may prepay a may exercise your re -dies only If I fail to cure my default within 4 part of, or the entire balance of this loan without penalty, unless we days after vnu mail th. notice(or 45 days after actual delivery if you us specify to the contrary on this note. Any partial prepayment will not a means other than ca ified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of light t. cure is not necessary and you may immediatel (unless, when I make the prepayment, you and I agree in writing to the exercise your remedie if you have: a) given me the notice with respec contrary). to two prior defaults, •I you have given me the notice with respect to INTEREST: Interest accrues on the principal remaining unpaid from time default occurring wit in 12 months before the current default or to time, until paid in full. If I receive the principal in more than one voluntarily surrender he agricultural lend and you accept it in fu advance, each advance will start to earn interest only when I receive the satisfaction of the deb. advance. The interest rate in effect on this note at any given time will Subject to the abo a limitations and any limitations imposed by low apply to the entire principal advanced at that time.You and I may provide Code hapter 654A, i I em in default on this note you hove.but are nc in this agreement for accrued interest not paid when due to be added to limited to,the followin• remedies: principal. Notwithstanding anything to the contrary, I do not agree to pay Ill You may dome if immediate payment of all I owe you under thi and you do not intend to charge any rate of interest that is higher then note(principal, . crued unpaid interest and other accrued charges) the maximum rate of interest you could charge under applicable law for 12)You may set of this debt against any right I have to the paymer the extension of credit that is agreed to here (either before or after of money from •u,subject to the terms of the'set-olf'paragrap maturity). If any notice of interest accrual is sent end is in error, we herein. mutually agree to correct It,end if you actually collect more interest then 131 You may deman• security, additional security,or additional partie allowed by law and this agreement, you agree to refund it to me. to be obligated o pey this note ase condition for riot using an INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, (4)You may refuse to make advances to me or allow purchases o that the rate on this note will be the same rate you charge on any other credit by me. loans or class of loans to me or other borrowers. 151 You may use en remedy you have under state or federai law. ACCRUAL METHOD: The amount of interest that I will pay on this loan By selecting any o e or more of these remedies you do not give u will be calculated using the interest rate and accrual method stated on your right to later use ny other remedy. By waiving your right to declar page 1 of this note. For the purpose of interest calculation, the accrual an event to be a defau t,you do not waive your right to'star consider th method will determine the number of days in a 'year.' If no accrual event as a default if it ontinues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS ND ATTORNEY 3 FEES:I agree to pay all costa c calculating interest. collection, replevin or ny other or similar type of cost if I am in defauh POST MATURITY RATE; For purposes of deciding when the 'Post In addition,if you hire n attorney to collect this note,I also agree to pa Maturity Rate' (shown on page 11 applies,the term'maturity means the any fee you incur wi h such attorney plus court costs (except whet date of the last scheduled payment indicated on page 1 of this note or prohibited by law). a the extent permitted by the United State the data you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I al.• agree to pay the reasonable attorney's fees an SINGLE ADVANCE LOANS: II this is a single advance loan, you and I costs you incur to col Oct this debt as awarded by any court exercisin expect that you will make only ono advance of principal. However, youurisdiction under the : nkruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will nc described in the PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued interest not paid when duo may be added to 111 demand payme of amounts due Ipresentmentl; principal. 121 obtain official c tificalion of nonpayment Iproteet);or MULTIPLE ADVANCE LOANS: If this is a multiple advance loan,you and I 131 give notice th amounts due have not been paid (notice c expect that you will make more than one advance of principal. If this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any dofen as I have based on suretyship or impairment c additional credit. collateral. PAYMENTS BY LENDER: If you era authorized to pay, on my behalf, OBLIGATIONS INDE•:NDENT: I understand that I must pay this not charges I am obligated to pay (such as property insurance premiums), even if someone site as also agreed to pay it(by,for example, lignin then you may treat those payments es advances and add them to the this form or a sepiaa guarantee or endorsement). You may sue in unpaid principal under this note, or you may demand immediate payment alone,or anyone else ho Is obligated on this note,or any number of u of the charges. together, to collect th s note. You may do so without any notice that SET-OFF:I agree that you may set off any amount duo end payable under has not bean paid In• ice of dishonor). You may without notice retries, this note against any right I have to receive money from you. any party to this egr.. . t without releasing any other party. If you giv 'Right to receive money from you'means: up any of your rights, ith or without notice,it will not effect my dutyt I1)any deposit account balance I have with you; pay this note, Any e•ension of now credit to any of us, or renewac 12)any money owed to me on an item presented to you or in your this note by all or les than all of us will not release me from my duty t possession for collection or exchange;and pay it. (Of course, yo are entitled to only one payment in full.) I agre 131 any repurchase agreement or other nondeposit obligation. that you may at your •ption extend this note or the debt represented b 'Any amount due and payable under this note' moans tho total this note, or any port•n of the note or debt, from time to time withou amount of which you are entitled to demand payment under the terms of limit or notice and for ny term without affecting my liability for paymen this note at the time you sot off. This total includes any balance the due of the note. I will not .ssign my obligation under this agreement withou. date for which you properly accelerate under this note. your prior written a pr•vel. It my right to receive money from you is also owned by someone who FINANCIAL INFORMA ION: I agree to provide you, upon request, an has not agreed to pay this note, your right of setoff will apply to my financial statement o information you may deem necessary. I warren interest in the obligation and to any other amounts I could withdraw on that the financial stat ments and information I provide to you are or wi my solo request or endorsement. Your right of set-off does not apply to be accurate,correct a d complete. en account or other obligation where my rights are only as a NOTICE: Unless othe iso required by law, any notice to me shall b representative. It also dons not apply to any Individual Retirement given by delivering it •r by mailing it by first class mail addressed to m Account or other ter-delorred retirement account, at my last known ad•ress. My current address Is on page 1. I agree t You will not be liable for the dishonor of any check when the dishonor inform you in writing .f any change in my address. I will give any notic occurs because you set off this debt against any of my accounts. I agree to you by mailing it f st class to your address stated on page 1 of (hi to hold you harmless from any such claims arising as a result of your agreement, or to any•ther address that you have designated. exercise of your right of set-off. CREDIT AGREEMENT: A "credit agreement' under Iowa Code 1535.1 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract de or acquired by a lender to loan money c estate or a residence that is personal property, the existence of a default extend credit for any purpose. A 'credit agreement' does not mean and your remedies for such a default will be determined by applicable contract to extend cre•it by means of a credit card,or open end credit,c law, by the terms of any separate instrument creating the security a home equity line of.redit. interest and, to the extent not prohibited by law and not contrary to the This note is not object to Iowa Code § 535.17 if it is a 'cred terms of the separate security instrument, by the 'Default" end agreement' made pri arlly for a personal, family, or household purpos "Remedies"paragraphs herein. whore the credit ext • d Is twenty thousand dollars or less. DA IF OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL INTEREST INTEREST INTEREST IRANSACTION ADVANCE INITIALS PAYMENTS BALANCE RATE PAYMENTS PAID • Inca toenail) THROUGH: CO�.� ~s $ e $ �'.,.,}'36. ' * ' ammo e e $ _in %.4'_ r- e e 8 % ! C j"Y7 ! e ! % 0 / $ e e x % -•! ! ! % j!. ! ! 8 % � e e ! % e (p.ae 2 of 01994.1991 Benk.rr Snetems,inc..5t,Gov) Form UN-IA 3(4/2002 1 MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 E-FILED 2017 AUG 16 2:24 PM JOHN N1NAQLERK OF DASTfil4Q iG OURT ENDORSER BALANCE $ 200,646.12 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,325.00 due monthly beginning June 15,2016 until May 15,2019 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 171h Day of May , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahone Cu m Ho Inc. 77��� 1/ Keith F.Mahoney,Prest By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 ORIGINAL AMOUNT S 204,000.00 ENDORSER BALANCE S 200,863.23 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,325.00 due monthly beginning June 10,2013 until May 10,2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 3'd Day of May , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Zit to omeea,Inc. / • By 1#1.4./1 . �. � Y Keith F IGiahon ,cresident By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 ORIGINAL AMOUNT S 204,000.00 ENDORSER BALANCE $ 203,879.86 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,350.00 due monthly beginning June 10,2011 until May 10,2014 when the balance will be due.The interest rate is hereby reduced to 6.9%per annum. All other terms and conditiorl5 shall remain the same. yd d� The above Extension Memorandum is herebyapproved and accepted • �� pled this 17e Day of May 201 I �.-1 SOLON STATE BANK MAKERS ENDORSERST Solon State Bank Mahoney C Homes, f ��-- 'SS 1 • , By �i eZ .� ,S1tz�M 1 Cj a • Keith F.Mahoney,Presid t 1... By t�,a LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 ORIGINAL AMOUNT $ 204,000.00 ENDORSER BALANCE S 204,273.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,250.00 due monthly beginning June 10,2009 until May I,2011 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 11'" Day of May , 2009 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Moho y to Inc. By J.O2h/�-4-ie /,7�rlJ ' Keith F.Mahoney, ident Rv E-FILED 2017 AUf _ SOJ6 CLERK OF DIST111I+ SII IIII1III#1IIIIII111111Illlll111111lflllllll1/ill Doc ID: 021319370009 Tvoe: OEN Recorded: 11/14/2008 at 10:15:04 AM Fee Amt: $47.00 Paoe 1 of 9 Johnson County Iowa Kim Painter County Recorder BK4365 Po709-717 —State of Iowa - — — Space Above This Line For Recording Data - - Prepared By: D NEIL ERUSHA SOLON STATE BANK 126 SOUTH MARKET ST, SOLON, IA 52333-0129 (319) 624-3405 Return To: SOLON STATE BANK 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 OPEN-END REAL ESTATE MORTGAGE . ' (With Future Advance Clause) rn 1. DATE AND PARTIES. The date of this Mortgage is 11-04-2008 .370 thpvartier and their addresses are as follows: L"'7 :401 ,0 (11MORTGAGOR: MAHONEY CUSTOM HOMES, INC 2809 SUNSET DRIVE N.E. SWISHER, IA 52338 L1 Refer to the Addendum which is attached and incorporated herein for additional Mortgagors. The Addendum is located on LENDER: SOLON STATE BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 2. MORTGAGE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (hereafter defined), Mortgagor grants, bargains, warrants, conveys and mortgages to Lender the following described property: (If the legal description of the property is not on page one of this Mortgage, it is located on .) LOT 53, PART ELEVEN, BRYN MAWR HEIGHTS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 18, PAGE 40, PLAT RECORDS OF JOHNSON COUNTY, IOWA hN IOWA - AGRICULTURAL/COMMERCIAL REAL ESTATE SECURITY INSTRUMENT (page 1 of 9) (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) Fjr�,® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT The property is located in JOHNSON at 15 EALING DRIVE (County) , IOWA CITY , Iowa 52246 (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, he part of the real estate described above (all referred to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. NOTICE: THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $ 270,000.00 LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Mortgage at any one time shall not exceed the amount stated above. This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Mortgage and does not apply to advances (or interest accrued on such advances) made under the terms of this Mortgage to protect Lender's security and to perform any of the covenants contained in this Mortgage. Future advances are contemplated and, along with other future obligations, are secured by this Mortgage even though all or part may not yet be advanced. Nothing in this Mortgage, however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate writing. 4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: A. The promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all extensions, renewals, modifications or substitutions (Evidence of Deet (e.g., borrower's name, note amount, interest rate, maturity date): PROMISSOMENOTE4F EVEN DATE HEREWITH TOGETHER WITH ANY AND ALL FUTU n ADVANCES �–{ N rn —1C") _Cm 'b {X a B. All future advances from Lender to Mortgagor or other future obligations of MortgAor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage is specifically referred to in the evidence of debt and whether or not such future advances or obligations are incurred for any purpose that was related or unrelated to the purpose of the Evidence of Debt. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Mortgage, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of Debt. E. Mortgagor's performance under the terms of any instrument evidencing a debt by Mortgagor to Lender and any Mortgage securing, guarantying, or otherwise relating to the debt. If more than one person signs this Mortgage as Mortgagor, each Mortgagor agrees that this Mortgage will secure all future advances and future obligations described above that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. This Mortgage will not secure any other debt if Lender fails, with respect to such other debt, to make any required disclosure about this Mortgage or if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Mortgage. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, warrant, convey, sell, and mortgage the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the iteh (page 2 of 9) l ,-:e,1 ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Mortgage. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses which Mortgagor may have against parties who supply labor or materials to improve or maintain the Property. 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property and that may have priority over this Mortgage, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Lender consents in writing. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these on the Property. However, if the Property includes Mortgagor's residence, this section shall be subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Mortgage is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if (1) a beneficial interest in Mortgagor is sold or transferred; (2) there is a change in either the identity or number of members of a partnership or similar entity; or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Mortgage. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall be continuing as long as the Secured Debt remains outstanding: A. Mortgagor is an entity which is duly organized and validly existing in the Mortgagor's state of incorporation (or organization). Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Mortgage by Mortgagor and the obligation evidenced by the Evidence of Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than disclosed in writing Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will give Lender prompt notice of any loss or damage to the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Mortgagor will comply with all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Mortgagor also agrees that the nature of the occupancy and use will not change without Lender's prior written consent. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will he deemed subject to the security interest created by this Mortgage. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any of Mortgagor's duties under this Mortgage, or any other mortgage, deed of trust, security agreement or other lien document that has priority over this Mortgage, Lender may, without notice, perform the duties or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or nay any (page of 9) ,t® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/2V 165 sa. T �-4 G) , 1 • r ▪ r CD:17 —IL▪ N E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT amount necessary for performance. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's security interest in the Property. This may include completing the construction. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Mortgage. Any amounts paid by Lender for insuring, preserving or otherwise protecting the Property and Lender's security interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in effect from time to time according to the terms of the Evidence of Debt. 14. ASSIGNMENT OF LEASES AND RENTS, Mortgagor assigns, grants, bargains, warrants, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Mortgage, any prior mortgage or any construction loan agreement, security agreement or any other document evidencing, guarantying, securing or otherwise relating to the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person 2sentity obligated on the Secured Debt; '— D. The death, dissolution, or insolvency of, appointment of a receiver for, or .r.,e atio0of an debtor relief law to, Mortgagor or any person or entity obligated on the Secur::;''f'st; r j c",–‹ N 1...r %� t-ipaga 4 of f7"` ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24g05 .,,o r\9 E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Mortgage in a manner provided by law if this Mortgagor is in default. Upon a default by the Mortgagor, the Lender may take possession of the Property itself or through a court appointed receiver, without regard to the solvency or insolvency of the Mortgagor, the value of the Property, the adequacy of the Lender's security, or the existence of any deficiency judgment, and may operate the Property and collect the rents and apply them to the costs of operating the Property and/or to the unpaid debt. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Mortgage and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether expressly set forth or not. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. REDEMPTION. Mortgagor agrees that in the event of foreclosure of this Mortgage, at the sole discretion of Lender, Lender may elect to reduce or extend the period of redemption for the sale of the Property to a period of time as may then be authorized under the circumstances and under any section of Iowa Code Chapter 628, or any other Iowa Code section, now in effect or as may be in effect at the time of foreclosure. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Mortgage. Mortgagor will also pay on demand all of Lender's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Lender in respect to the Property. Mortgagor agrees to pay all costs and expenses incurred by Lender in enforcing or protecting Lender's rights and remedies under this Mortgage, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully and finally paid, Lender agrees to release this Mortgage and Mortgagor agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migraite from nearby property; or (2) there is a violation of any Environmental Law concerning thetoperty. In such an event, Mortgagor will take all necessary remedial action inCsIccordar6 with __ Environmental Law. —n c. ‘7^C N CI(pags5 of E,ce ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/2.4rn05,o rU NID E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT D. Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Mortgage and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Mortgage without prejudice to any of Lender's rights under this Mortgage. L. Notwithstanding any of the language contained in this Mortgage to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Mortgage regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Mortgagor will give Lender prompt notice of any action, real or threatened, by private or public entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Mortgagor further agrees to notify Lender of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Mortgage. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the improvements now existing or hereafter built on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld, If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Mortgage. All insurance policies and renewals shall be acceptable to Lender and shall include a sttidard "mortgage clause" and, where applicable, "lender loss payee clause." tatiartgag shall immediately notify Lender of cancellation or termination of the insurance. Lendtr •.II t ,ye the right to hold the policies and renewals. If Lender requires, Mortgagor shall im .`.t1!C elymve tot Lender all receipts of paid premiums and renewal notices. Upon loss, Mort:44371 stSe-R giva�� immediate notice to the insurance car ier and Lender. Lender may make prod'8�lol9Jif nor. made immediately by Mortgagor. —'fin r(page 6 of 9j.,•� ,t ©1993, 2001 Bankers Systems, Inc., St, Cloud, MN Form AGCO-RESI-IA 10/24 e�;. = i 1 �= : N 0 1Y •W E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT Unless Lender and Mortgagor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to Mortgagor. If Mortgagor abandons the Property, or does not answer within 30 days a notice trom Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Mortgagor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem necessary. Mortgagor warrants that all financial statements and information Mortgagor provides to Lender are, or will be, accurate, correct, and complete. Mortgagor agrees to sign, deliver, and file as Lender may reasonably request any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Mortgage and Lender's lien status on the Property. If Mortgagor fails to do so, Lender may sign, deliver, and file such documents or certificates in Mortgagor's name and Mortgagor hereby irrevocably appoints Lender or Lender's agent as attorney in fact to do the things necessary to comply with this section. 25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Mortgage are joint and individual. If Mortgagor signs this Mortgage but does not sign the Evidence of Debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. Mortgagor agrees that Lender and any party to this Mortgage may extend, modify or make any change in the terms of this Mortgage or the Evidence of Debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Mortgage. The duties and benefits of this Mortgage shall bind and benefit the successors and assigns of Mortgagor and Lender. If this Mortgage secures a guaranty between Lender and Mortgagor and does not directly secure the obligation which is guarantied, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action laws. 26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Mortgage is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Mortgage is complete and fully integrated. This Mortgage may not be amended or modified by oral agreement. Any section or clause in this Mortgage, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or clause of this Mortgage cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Mortgage. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Mortgage are for convenience only and are not to be used to interpret or define the terms of this Mortgage. Time is of the essence in this Mortgage. 27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Mortgage, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 28. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rights relating to reinstatement, the marshalling of liens and assets, all rights of dower and distributive share and all homestead exemption rights relating to the Property. 29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Mortgage: 11 Construction Loan. This Mortgage secures an obligation incurred for the construction of an improvement on the Property. o CI Fixture Filing. Mortgagor grants to Lender a security interest in all goods thaC.�,✓lortgagor owns now or in the future and that are or wi become fixtures related to the Proper*:(1 ``''�� �'�(p 7 of.71 .� ® @1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-REST-IA 10I /�05N y CD N. E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT ACKNOWLEDGMENT: STATE OF _, COUNTY OF ) ss. (Individual) On this -_- dayof before me, a Notary Public in the state of Iowa, personally appeared to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that _ executed the same as voluntary act and deed. My commission expires: (Notary Public) STATE OF } WA , COUNTY OFhnr)r) } ss. (Business On this day of QCC22L before me, a Notary Public in the or Entity state of Iowa, personally appeared KEITH F. MAHONEY Acknowl- edgment) to me personally known, who being by me duly sworn or affirmed did say that that person is PRESIDENT of said entity, that (the seal affixed to said instrument is the seal of said entity or no seal has been procured by said entity) and that said instrument was signed and sealed, if applicable, on behalf of the said entity by authority of its board of directors/partners/members and the said PRESIDENT acknowledged the execution of said instrument to be the voluntary act and deed of 40 entity by it voluntarily executed. My commission expires: � ER ( otary P blic) ��-��++� *Commission limber 75471$ 1 lAy CI l- Expires :gym -v M x ry (In the following statement "I" means the Mortgagor.) 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 contract, I voluntarily give up my rights to this protection for this property with respect to claims based upon this contract. (Signature) (Date) (Signature) (Date) (page 9 of 9) 1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 126 SOUTH MARKET EXHIBIT SOLON IA 5E JUED 2017 AUG 16 4 PM JOHNSON - CL RK OF DISTRICT COURT PHONE:319-624-3405 C r�Pf IS MAHONEY CUSTOM HOMES 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 09/13/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT ,OAN NUMBER: 4010062206 ORIGINAL NOTE DATE: 11/04/08 PAYMENT DUE DATE: 08/15/16 RIGINAL NOTE AMOUNT: 204, 000.00 TOTAL AMOUNT DUE: 1, 325. 00 INAL PAYMENT DATE: 10/03/16 COLLATERAL CODE: 20 OU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A IGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU O SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . ORRECTION OF DEFAULT: EFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF DU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE UR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE HIS ONE. E YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON 2OMPTLY. 3R HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . a )LON STATE BANK tee = an GI .rrp C7-'C n3 trim --4 C7 7< -0 in C7 4. E-FILED 2017 AUG 16 2:2 PM JCFRQ RTCLER OF DISTRICT COURT Pugh PHONE 319-351-2028 ra h mptc FAX 319-351-1102 ATTORNEYS & COUNSELORS PUGHHAGAN.COM July 3,2017 Mahoney Custom Homes,Inc. 2809 Sunset Drive NE Swisher,IA 52338 DEMAND FOR PAYMENT Loan No.: 4010062206 Property address: 15 Ealing Drive,Iowa City,IA 52246 Current creditor/servicer name: Solon State Bank Current creditor/servicer address: 126 South Market Street,PO Box 129,Solon,IA 52333 Mortgage dated: November 4,2088 Accelerated Balance: $201,455.17 Dear Mortgagor: nlEe Solon State Bank as the owner and holder of your mortgage loan,and in accordance with fete ced Meagage and applicable state laws,provides you with a formal notice that your balance has bees ccler ad. B ow is a summary of your accelerated balance: .<rr rn Principal $198,449.30 Interest(thru 03/12/2017) $3,005.87 Late charges $ -- rt• ACCELERATED BALANCE $201,455.17 You must pay the accelerated balance 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 Mortgage and applicable state laws. If you have not cured the default by July 17,2016 additional amounts may become due and payable under your Note and Mortgage. You have the right to reinstate your loan after acceleration and the right to bring a court action to claim your loan is not in default or any other defense to acceleration and sale that you may have. This notices remains in effect until the default is cured. Payment must be in the form of cashier's check,money older,or bank certified funds. Unless you,within thirty days after receipt of this notice,dispute the validity of the debt,or any portion thereof, the debt will be assumed to be valid by the debt collector. If you notify the debt collector in writing within the thirty-day period that the debt,or any portion thereof,is disputed,the debt collector will obtain verification of the {00211719} E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by the debt collector. Upon your written request within the thirty-day period, the debt collector will provide you with the name and address of the original creditor,if different from the current creditor. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose. An original Iowa Mortgage Mediation Notice is enclosed. The undersigned is a debt collector attempting to collect a debt,and any information will be used for that purpose. However, if you have had your debt discharged in bankruptcy and you did not reaffirm you loan in your bankruptcy case, Solon State Bank will only exercise its right as against the property and is not attempting to assess or collect the debt from you personally, You are further advised that unless you notify the undersigned in writing within 30 days of your receipt of this notice that you are dispute the validity of the amount owed to Solon State Bank or any portion thereof,the debt will be assumed valid. This matter is very important.Please give it your immediate attention. Sincerely, Prahm } CD inn ACli IMMO :=4c) m ),. r. ew+ {00211719} • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 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. olpfc, ae • 0.4 Wit? c Iowa Mortgage Help offers all Iowans access to free, cong$eri ial c� — mortgage counseling with local organizations located righ in— r— Iowa. Iowa Mortgage Help is here to assist you in workineti igh-0rn your situation. = Q ry Please call 1-877-622-4866 as soon as possible. The earlier you c 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. Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHetp.com This notice is being provided as required by Iowa Code section 654.4B(2). • E-FILED 2017 AUG 16 2:24 P - ' DISTRICT COURT Pugh EXHIBIT 425 E. OAKDALE BOULEVARD SUITE 201 C;ORALVILLE, IOWA 52241 P ra h marc PHONE 319-351-2028 FAX 319-351.1102 ATTORNEYS & COUNSELORS PUGHHAGAN.COM July 28,2017 M Mahoney Custom Homes,Inc. 1384 Lakewoods Dr.NEG ° zresSwisher, IA 52338 h-< roars N ,,. DEMAND FOR PAYMENT 4 -p {TI s v Loan No.: 4010062206 / . Property address: 15 Ealing Drive,Iowa City,IA 52246coo ' Current creditor/servicer name: Solon State Bank Current creditor/servicer address: 126 South Market Street,PO Box 129,Solon,IA 52333 Mortgage dated: November 4,2008 Accelerated Balance: $201,455.42 Dear Mortgagor: Your payment on July 12,2017,in the amount of$1,325.00 was attributed to delinquent interest charges and you remain in default under your loan obligations. Solon State Bank as the owner and holder of your mortgage loan, and in accordance with the referenced Mortgage and applicable state laws, hereby provides you with a formal notice that your balance has been accelerated.Below is a surnrnary of your accelerated balance: Principal $198,449.30 Interest(thru 04/20/2017) $3,006.12 Late charges $ — ACCELERATED BALANCE $201,455.42 You must pay the accelerated balance 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 Mortgage and applicable state laws. If you have not cured the default by August 11, 2017, additional amounts may become due and payable under your Note and Mortgage. • You have the right to reinstate your loan after acceleration and the right to bring a court action to claim 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. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose. An original Iowa Mortgage Mediation Notice is enclosed. {00214111} . E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT The undersigned is a debt collector attempting to collect a debt,and any information will be used for that purpose. However, if you have had your debt discharged in bankruptcy and you did not reaffirm you loan in your bankruptcy case, Solon State Bank will only exercise its right as against the property and is not attempting to assess or collect the debt from you personally. You are further advised that unless you notify the undersigned in writing within 30 days of your receipt of this notice that you are disputing the validity of the amount owed to Solon State Bank or any portion thereof,the debt will be assumed valid. This matter is very important.Please give it your immediate attention. Sincerely, J.Prahm orolo rn y p. t (002141111 • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT r 1 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 noti e is to inform you that help is available through Iowa Mortgage I p, a State of Iowa-sponsored program. 1 cy.< N 1 he/p is available _ m 0 Iowa Mortgage Help offers all Iowans access to free, confodential 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. 4, Call 1-877-622-4866 today or go to IowaMortgageHelp.com. r, This free call could save your home. Iowa Mortgage Help Ns 1-877-622-4866 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.48(2). i i • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) rs 8 r.74 Plaintiff, ) No. EQCV c ) 3'-4 ' vs. ) c.)_< -- ) ORIGINAL NOTICE 14c"7 N r- MAHONEY CUSTOM HOMES,INC., ) =fit j rn CITY OF IOWA CITY,IOWA,AND ) Q PARTIES IN POSSESSION OF 15 EALING ) .• DRIVE,IOWA CITY,IOWA, ) Defendants. TO THE ABOVE-NAMED DEFENDANT: City of Iowa City,Iowa 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 amended petition(and any documents filed with it)is attached to this notice. The name and address of Petitioner's attorney is Ryan J. Prahm, 425 E. Oakdale Blvd, Suite 201,Coralville,IA 52241. The attorney's phone number is(319)351-2028 and facsimile number is(319) 351-1102. You are further notified that(A)you must file an Answer or a Motion with the Clerk of the Court in the above county within 30 days after you receive this Original Notice. If you do not file an Answer or Motion within 30 days after receiving this Original Notice, the court may enter a judgment against you giving Plaintiff what they asked for in the Petition. (B)For help in this case,and for forms that you must use if you choose to represent yourself without an attorney, visit the Iowa Judicial Branch website at http://www.iowacourts.gov/and click on "Court Rules and Forms"or on"For the Public."(C)This case has been filed in a county that utilizes electronic filing. You must register to eFile through the Iowa Judicial Branch website at haps://www.iowacourts.state.ia.us/Efile and obtain a log in and password for filing and viewing documents in your case and for receiving service and notices from the court. For general rules and information on electronic filing,refer to Iowa Court Rules Chapter 16 Pertaining to the Use of the Electronic Document Management System available on the Iowa Judicial Branch website. For court rules on the Protection of Personal Privacy in court filings,refer to Division VI of the Iowa Court Rules Chapter 16. if you are unable to proceed electronically, you must receive permission from the court to file in paper. Contact the clerk of court in the county where the petition has been filed for more information on being excused from electronic filing. (E) If you electronically file your Answer or Motion, it will be served automatically on Plaintiff or on Plaintiff's attorney(s). A Notice of Electronic Filing(NEF)will tell you if the court has excused Plaintiff from electronic filing. If the court has excused Plaintiff from electronic filing,you must mail a copy of your Answer or Motion to Plaintiff If you need assistance to participate in court due to a disability, call the disability coordinator at (319)398-3920. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. CLERK OF COURT Important: You are advised to seek legal advice to protect your interests. {00215865} C'C : c� C rK-fe.t) 1A/ «-er ) • STATE OF IOWA JUDICIARY Case No. EQCV079238 County Johnson Case Title SOLON STATE BANK VS MAHONEY CUSTOM HOMES, INC. THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://vww.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: htto://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district • • ADA coordinator at(319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800.735-2942.) rV • d Date Issued 09/12/2017 12:07:23 PM CD �+ T -e1S. D---� -urn ■ 1 mss- pi 1) rn M ot. District Clerk of Johnson County Is/Wendy Lonngren • • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) Case No. vs. ) ) PETITION FOR FORE U4 m MAHONEY CUSTOM HOMES,INC., ) c7C — �.. CITY OF IOWA CITY,IOWA,AND ) �� N PARTIES IN POSSESSION OF 15 EALING ) -p DRIVE,IOWA CITY,IOWA, ) i5 O .�.E .. 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 includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-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, Plaintiff Solon State Bank by its undersigned attorneys, Pugh Hagan Prahm PLC, Ryan J. Prahm hereby files its Petition for Foreclosure, and states the following cause of action against Defendants: 1. Plaintiff Solon State Bank is an Iowa state-chartered bank with offices in Iowa, engaged in mortgage lending in Johnson County, Iowa. 2. Defendant Mahoney Custom Homes,Inc.,is an Iowa corporation,with its home office in Johnson County, Iowa and is the owner of the real property legally described as: {00212449} 1 • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT Lot 53, Part Eleven, Bryn Mawr Heights, an Addition to the City of Iowa City,Iowa,according to the plat thereof recorded in Book 18,Page 40,Plat Records of Johnson County,Iowa. and locally known as 15 Ealing Drive,Iowa City, Iowa 52246 (the"Real Property"). 3. On November 4, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated May 11, 2009, May 17, 2011, May 3, 2013, and May 17, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an amount of$204,000.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter "Note No. 4010062206"). Note No. 4010062206 is attached hereto as Exhibit"A"and by this reference made a part hereof. The payoff on Note No. 4010062206 as of July 17, 2017, is$201,455.42. Interest accrues on the unpaid principal balance from and after July 17,2017, in the amount$198,449.30 at the rate of 6.25%per annum. Per diem accrual is in the amount of$33.9810. 4. To secure Note No. 4010062206 Defendant Mahoney Custom Homes, Inc. executed and delivered an Open-End Real Estate Mortgage securing credit up to$270,000 to Solon State Bank on November 4, 2008 (the "Mortgage"). The Mortgage is a lien against the Real Property. The Mortgage was filed for record in the office of the Recorder of Johnson County, Iowa, on November 14, 2008, in Book 4365, Page 709, of the records of that office. A copy of the Mortgage is attached hereto as Exhibit"B",and by this reference made a part hereof. 5. Defendant Mahoney Custom Homes,Inc. is in default of its obligations under the Note No. 4010062206 and the Mortgage. Specifically, Defendant has failed to make payments required under Note No.4010062206. 6. Solon State Bank has elected, pursuant to the terms of Note No. 40100606 to ca cn accelerate the time of payment of such Note and has therefore declared the entif 12deF Incss immediately due and payable under the Note. _�i C, `cam {00212449} 2 y c...) • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 7. On July 3, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration along with an Iowa Mortgage Mediation Notice for Note No. 4010062206,copies of which are attached hereto as Exhibit"C". 8. On July 12, 2017, Defendant made a partial payment of$1,325.00, all of which was credited to interest on the Note. 9. On July 14, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration for Note No. 4010062206 a copy of which is attached hereto as Exhibit"D". This notice did not account for the July 12,2017 payment,which has been accounted for in this Petition. This letter was returned undeliverable. 10. On July 28, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration for Note No.4010062206 (to the address shown thereon)a copy of which is attached hereto as Exhibit"E". 11. Defendant City of Iowa City,Iowa,a municipal corporation is joined as a party to this action as a result of a Judgment entered in Case No. ICCISC090678 against Mahoney Custom Homes, Inc. on May 15,2017,in the amount of$500.00,plus court costs. Defendant City of Iowa City, Iowa, a municipal corporation's rights to the Real Property which are subject to this action, are junior to Solon State Bank. 12. Defendant Parties in Possession are those individuals made a party to this action because they may claim some right,title or interest in the Real Property which is subject to this action by occupying or leasing space at the Real Property.Defendant Parties in Possession's rights to the Real rs Property which is subject to this action are junior to Solon State Bank. J 13. The above-referenced Defendants are collectively referred to as the" a of gdartw." ) 14. The indebtedness due and payable under Note No. 4010062206 andrecy thrn 0 Mortgage consists of: ~� w (a) an unpaid principal balance in the amount of$198,449.30 --- {00212449} 3 E-FILED 2017 AUG 16 2 24 PM JOHNSON - CLERK OF DISTRICT COURT (b) interest as provided in Note No. 4010062206 through July 17, 2017, in the amount of$3,006.12,with interest continuing to accrue from July 17,2017,at the daily rate of$33.9810; and (c) abstracting charges in the amount of$120.00. 15. Note No. 4010062206 allows Solon State Bank to collect attorneys' fees according to the terms and obligations owed of the note. Additionally, the Mortgage terms allow Solon State Bank to collect attorneys' fees in connection with enforcing and protecting Solon State Bank's rights under the Mortgage. Solon State Bank's attorneys will file their Affidavit Re: Compensation separately. Solon State Bank asks for such attorneys' fees as may be approved by this Court. 16. Solon State Bank elects foreclosure without redemption and waives any right to a deficiency judgment against Defendant Mahoney Custom Homes, Inc. The Real Property is not a homestead of Mahoney Custom Homes,Inc.,and is not agricultural in nature or use. 17. Solon State Bank is the owner and holder of Note No.4010062206 and the Mortgage. Solon State Bank has demanded payment and payment has been refused. 18. Neither,Defendant Mahoney Custom Homes,Inc.,or its President Keith Mahoney are in the military service of the United States of America, nor entitled to the privileges under the provisions of the Servicemembers' Civil Relief Act enacted December 19, 2003, 50 U.S.C. App. §§ 501-596,and an affidavit pursuant to said Act will be filed separately. 19. The Real Property is not: a) agricultural land as defined in Iowa Code § 9H; b) agricultural property as defined in Iowa Code § 654A.1;c)used for an agricultural purpose as defined in Iowa Code §535.13;or d)used for farming as defined in Iowa Code § 175.2. n,, 20. All Defendants named in this action have or claim to have some lien oterest�.,,, -rnp �� 1 in the Real Property.The interests or rights of all Defendants in at to the Real Propertntresuberdinar- -4n N tT'1 and junior to Solon State Bank's Mortgage and as such are all subject to extinguishmenore�osuri• i CD WHEREFORE,Solon State Bank prays: {00212449} 4 • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT (a) For judgment in rem against the Real Property with this judgment being in the amount of$201,575.42 together with interest at the rate of$33.9810 per day from July 17,2017,plus all taxes, insurance,attorneys' fees,court costs,abstracting charges, Sheriff's fees,advances made on behalf of the Defendants, costs and accruing costs, and that said sum be declared a first lien upon the Real Property from the date of Solon State Bank's Mortgage,prior to and superior to any right,title,lien or interest of the Defendants. (b) That Solon State Bank's Mortgage be foreclosed for the full amount of said judgments, interest and costs. (c) That upon application by Plaintiff, a receiver be appointed to take charge of the Real Property and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of Plaintiff's judgment. (d) That any right, title,lien or interest of the Defendants in the Real Property be decreed junior and inferior to the lien of Solon State Bank's Mortgage. (e) That a special execution issue from the Court to the Johnson County Sheriff,promptly upon entry of judgment directing the sale of the Real Property or so much thereof as may be necessary to satisfy said judgments, including interest, attorneys' fees, abstracting charges, and accruing costs and advances made by Solon State Bank to safeguard its mortgage lien encumbering the Real Property, and that at the time of Sheriff's sale,a Sheriff's Deed be issued to the purchaser of the Real Property. (f) That in the event the Defendants file a demand for delay of sale herein,the execution sale be delayed for a period of not more than two months from the entry of judgment, in the event the mortgaged Real Property is not its/his/her residence,and for a period of not more than six mop s from the entry of judgment in the event the mortgaged Real Property is its/his/her resit, aaherel ii waives any right to deficiency judgment against Defendants which might arise out orthig preeeedin - --1 N rn m {00212449} 5 Q CO3 N E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT (g) That upon said sale under special execution, the right, title, lien or interest of the Defendants in and to the Real Property be forever cut off,barred and foreclosed and the purchaser at the Sheriff's sale shall be awarded a Sheriff's Deed free and clear of any right,title,lien or interest of the Defendants to the Real Property. (h) That in the event Solon State Bank is required to advance any sums for taxes,insurance or other expenses to safeguard its mortgage liens encumbering the Real Property, it shall be given an additional lien against the Real Property for the advanced sums. (i) That the Court recite in the Decree of Foreclosure that no third persons may obtain an interest in and to the Real Property after this action has been indexed by the Clerk of Court pursuant to Iowa Code §617.11. (j) For such other and further relief as the Court may find Solon State Bank entitled to and as may be just and equitable in the premises. Respectfully Submitted, PUGH HAGAN PRAHM PLC By:/s/Ryan J. Prahm RYAN J.PRAHM AT0010114 425 E. Oakdale Blvd, Suite 201 Coralville,IA 52241 PHONE: (319)351-2028 FAX: (319)351-1102 Email: rprahmApughhagan.com ATTORNEYS FOR PLAINTIFF 0 0 m >—i -1:7 N rn [.J {00212449} 6 MAHONEY CUSTOM HOMES,INC 1 -SOLON STATE BANK EXHIBIT 2809 SUNSET DRIVE N.E. E-FILED flO315UARtl 2T24 PM JOHNSON -Cir,9F ":.. , • ItoI' SWISHER,IA 52338 P.O.BOX 129 Date I 1-04-2008 SOLON,IA 52333-0129 Maturity Date 0415-71119 9 Loan Amount 8 704000 0n_ Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSNS 20-3585619 'I'includes each borrower above,Moly nod severeey. "You'means the lender,its successors and assigns. For value received,I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of TWO HUNORFO FOUR THOUSAND AND NDUOG Dollars s 2041100 D0 O Single Advance:I will receive all of this principal sum on -No additional advances era contemplated under this note. CE Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On 11.1142008 I will receive the amount of$704 DOD OD and future principal advances are contemplated. Conditions:The conditions for future advances are ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time, This feature is subject to el!other conditions end expires on ® Closed End Credit You and I agree that I may borrow up to the maximum only one time land subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from I1.042008 at the rate of 7.250% per year until f14-15.7009 . ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rata:The future rate will be the following index rate: El No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. El Frequency end Timing:The rate on this note may change es often as , A change in the interest rate will take affect . O Limitations:During the term of this loan,the applicable annual interest rate will not be more than %or Ieee then %.The rate may not change more than %each • Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change. 0 . ACCRUAL METHOD:Interest will be calculated on a ACTUAL/355 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,end until paid in full,as stated below: ❑ on the same fixed or variable rate basis in effect before maturity lea indicated above). ® at a rate equal to 15%PER ANNUM ❑ LATE CHARGE:If a payment is made more then days after it is due,I agree to pay a late charge of (A ADDITIONAL CHARGES:In addition to interest,I agree to pay the following charges which ® are 0 are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 04-15-2009. ®Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, end will bear Interest at the interest rate in affect from time to time as provided for in this agreement. ADDITIONAL TERMS: . ISI If checked,this note is a credit agreement subject to lowe Code S 535.17 and the following notice is applicable to this note. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE era ONLY THESE 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 HIS- AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. C/) cc SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan is FINANCE TRADE-IN HOUSE 7,* C7C') document by type and date): >--.4 ..eees A REAL ESTATE MORTGAGE DATED 11.04-08 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE IINCLUDII Gh""C THOSE ON PAGE 2 have received a. opy on today's date. "� fU r IThM rcvon a for your Memel ear,FNM to ht.**punts security eoeumant does nor nssr m. MAHO E /A", !F�� r agreement Mil nat.a.xe ow ne,..! M = KEITH F.MAHONEY,PRESIDENT ' ;e ' Signature for Lender Lk) 11! D NEIL ERUSHA,PRESIDENT UNIVERSAL�� t� NOTE r--.�N•='r+ 01e64.1991 Bankers Systems,Ins.,St.Cloud.MN Form UN-Irl 37412002 (page 7 of 21 DEFINITIONS: Asrused,onny�page 1, 'IX' means� the1termsergthat apply to ,-{D�EF�AU�LTT1:�I©willll beer in ofeult if icy one or more of the following occur E—Flt; ci "Itf 1t drOsgatua i sAld111p1jatta rune L45 If-Mt7 4ii)tMHN i .0.... gine or m the amounP due: 121 I pteil tY r t a'. cs wired; (31 I lad to • or ices an and sureties)who agrees to pay this note(together referred to as 'us'). promise.on any debt o agreement I have with you;141 any other creditor 'You'or"your'means the Lender and its successors and assigns. of mine attempts t• collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; 1511 die, m declared incompetent. make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I m unable to pay my debts as they become duo). lt any provision of this agreement cannot be enforced according to its 181 I make any written cerement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or Inaccurate at the time it was provided;171 I do or foil to do aytreement. No modification of this agreement may be made without your something which cats es you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount owe you; 181 any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION:I understand end agree that used in a manner or fo a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; (91 I change my name of assume an additional name without will involve money retained by you or paid back to you as commissions or first notifying you be•re making such a change; (10) I fail to plant, other remuneration. cultivate and harvest rope in due season; (11) any loan proceeds are In addition,I understand and agree that some other payments to third used for a purpose t .t will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible band or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as furthe explained in 7 C.F.R. Part 1940, Subpart G. PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land les defined in Iowa Code a 172C.11 and I em and then unpaid principal. If you and I agree to a different application of in default on this note you will give me notice of my nght to cure.You payments, we will describe our agreement on this note. I may prepay a may exercise your re .dies only if I fail to cure my default within 45 part of. or the entire balance of this loan without penalty, unless we days after you mei th. notice(or 45 days after actual delivery if you use specify to rho contrary on this note. Any partial prepayment will not a means other than car'lied mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right t• cure is not necessary and you may immediately (unless, when I make the prepayment, you end I agree in writing to the exercise your remedle if you have:al given me the notice with respect contrary). to two prior defaults, -I you have given me the notice with respect to• INTEREST: Interest ascnree on the principal remaining unpaid from time default occurring wit in 17 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender he agricultural land and you accept it In full advance,each advance will sten to earn Interest only when I receive the satisfaction of the deb advance. Tho Interest rate in effect on this note at artygiven time will Subject to the abo e limitations and any limitations imposed by Iowa apply to the entire principal advanced at that time.You nd I may provide Code Chapter 664A,I I am in default on this note you have,but are not in this agreement for accrued interest not paid when due to be added to limited to,the followin remedies: principal.Notwithstanding anything to the contrary,I do not agree to pay III You may deme d immediate payment of all I owe you under this and you do not intend to charge any rate of interest that is higher than note(principal, mad unpaid interest and other accrued charges)_ the maximum rata of interest you could charge under applicable law for (21 You may set of this debt against any right I have to the payment the extension of credit that is agreed to here (either before or after of money from •u,subject to the terms of the'sot-off"paragraph maturity). 11 any notice of interest accrual is sent end is in error, we herein. mutually agree to correct it.and if you actuefly collect more interest than 131 You may deman• security, additional security, or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated o pay this note as a condition for riot using any INDEX RATE:The Index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the,margin. (4)You may refu , to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me loans or data of loans to me or other borrowers. (5)You may use an remedy you have under state or federal law. ACCRUAL METHOD:The amount of interest that I will pay on this loan By selecting any . e or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use y other remedy.By waiving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual en event to be a deteu t,you do not waive your right to later consider the method will determine the number of days in a 'year.' If no accrual event as a default if it ontinues or happens again. method is stated, than you may use any reasonable accrual method for COLLECTION COSTS ND ATTORNEY'S FEES:I agree to pay all costs of calculate interest. collection,replevin or fly other or similar type of cost if 1 am in default. POST MATURITY RATE: For purposes of deciding when the 'Post In addition,if you hire -n attorney to collect this note,I also agree to pay Maturity Rate'(shown on page 11 applies,the term'maturity'means the any lee you incur wi h such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law?. o the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code.I al-" agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I coats you incur to col act this debt as awarded by any court exercising expect that you will make only one advance of principal. However, you jurisdiction under the : nkruptcy Code. may add other amounts to the principal 0 you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the 'PAYMENTS BY LENDER" paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to 11)demand payment of amounts due(presentment); principal. 121 obtain official certification of nonpayment(protest);or MULTIPLE ADVANCE LOANS:If this is a multiple advance loan,you and I 131 give notice that amounts due have not been paid (notice of expect that you will make more than one advance of principal. If this is dishonor?. closed end credit, repaying n part of the principal will not entitle me to I waive any deten les I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I ern obligated to pay (such as property insurance premiums), even if someone ease las also agreed to pay it Iby,for example, signing then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone,or anyone else who is obligated on this note,or any number of us of the charges. together, to collect th s note. You may do so without any notice that it SET-OFF:I agree that you may set off any amount duo end payable under hes not been paid(rrMice of dishonor). You may without notice release this nota against any right I have to receive money from you. any party to this agreement without releasing any other party. If you give 'Right to receive money from you'means: up any of your rights,with or without notice,it will not affect my duty to • 11/any deposit account balance I have with you; pay this note. Any extension of new credit to any of us, or renewal of • (21 any money owed to me on an item presented to you or in your this note by all or less then all of us will not release me from my duty to possession for collection or exchange;and pay it. (Of course.yor are entitled to only one payment in full.)I agree 13)any repurchase agreement or other nondeposn obligation. that you may at your option extend this note or the debt represented by "Any amount due and payable under this note' moans the total this note,or any portbn of the note or debt, from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and-for any term without affecting my lability for payment this note at the time you sot off.This total includes any balance the due of the note.I will not assign my obligation under this agreement without • .date for which you properly accelerate under this note your prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of set-off will apply to my financial statement of information you may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement. Your right of aet•off does not apply to be accurate,correct arid complete. an account or other obligation where my rights are only se a NOTICE: Unless otherwise required by law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it er by marling it by first class mail addressed to me Account or other tax-deferred retirement account. at my last known•dgress. My current address Is on page 1. I agree to You will riot be labia for the dishonor of any check when the dishonor inform you in writing bf any change in my address. I will give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it fist class to your address stated on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to any Ether address that you have designated. exercise of your right of set-off. CREDIT AGREEMENT: A 'credit agreement" under Iowa Code 5 535.17 REAL ESTATE OR RESIDENCE SECURITY:if this note is secured by real means any contract nada or acquired by a lender to loan money or estate or a residence that Is personal property, the existence of a default extend credit for any purpose. A 'credit agreement' does not mean a and your remedies for such a default will be determined by applicable contract to extend credit by means of a credit card,or open end credit,or law, by the terms of any separate instrument creating the security a home equity line of credit. interest end.to the extent not prohibited by law and not contrerl to the This note is not !cabled to Iowa Code 5 535.17 if it is a 'credit terms of the separate security instrument, by the "Defau t" and agreement' made primarily for a personal, family, or household purpose "Remedies"paragraphs herein. where the credit extended Is twenty thousand dollars or less. DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL INTEREST INTEREST INTEREST 1f1ANSACTION ADVANCE INITIALS PAYMENTS BALANCE AATE PAYMENTS PAN last rsevlredl THROUGH: e e • % e e e • % e ems. e e e % e e e C7% • `tea e e $ A%-4 —0 e e • cr..4 $ e a ---al N e e yt'. • 'e 8 — vi 3 • • • n' ;a:-�► —• limps 2 of 2) E,4, I`+ 61991e,1991 StAkerr Systems,Ino.,St.Gout Fern l/N-IA 51412005 > Cala 1 1J LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 E-FILED 2017 AUG 16 2:24 PM JOHNSIEthlaciaLERitieF DIbSTEdickT.®OURT ENDORSER BALANCE $ 200,646.12 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,325.00 due monthly beginning June 15,2016 until May 15,2019 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 17th Day of May , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon StatelBaannk/� Mahone Cu m Ho a,Inc. By � l C f �`� , Keith F.Mahoney,Pres, By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 ORIGINAL AMOUNT $ 204,000.00 ' ENDORSER BALANCE $ 200,863.23 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,325.00 due monthly beginning June 10,2013 until May 10,2016 when the balance will be due.The interest rate is hereby reduced to 6.25°%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 34 Day of May , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bankk ZI,A2tit to omen,Inc. By •122/ r-/4 T�3►�r# Keith F. ahon ,President By • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 ORIGINAL AMOUNT $ 204,000.00 ' ENDORSER BALANCE $ 203,879.86 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$1,350.00 due monthly beginning June 10,201I until May 10,2014 when the balance will be due.The interest rate is hereby reduced to 6.9%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 176 Day of May , 2011 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahoney C Homes, By Keith F.Mahoney,Presi t By t • LOAN EXTENSION AGREEMENT C7 t� 1 MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062206 >..„7:i — • . ORIGINAL AMOUNT $ 204,000.00 ENDORSER BALANCE $ 204,273.00 2g —iv r MEMORANDUM OF LOAN EXTENSION ""I For value received,the above referenced loan is hereby extended as follows:$1,250.00 due monthly beginning June 10,2009 until :(r -p M May 1,2011 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 116 Day of May , 2009 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahn to s,Inc.,4�,,� Keith F.Mahoney, resident n., ' 1 T E-FILED 2017 AU 16 2:24 P}�mJuriNSO CLERK OF DISTF UMIIIIIIII'E Doc ID: 021919970009 Ivo,: GEN Recorded: 11/14/2008 at 10:15:04 AM Fee Amt: $47.00 Paoe 1 of 9 Johnson County Iowa Klm Painter County Recorder 4365 PG709-717 02 State of Iowa Space Above This Line For Recording Data Prepared By: D NEIL ERUSHA SOLON STATE BANK 126 SOUTH MARKET ST, SOLON, IA 52333-0129 (319) 624-3405 Return To: SOLON STATE BANK 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 OPEN-END REAL ESTATE MORTGAGE (With Future Advance Clause) Q 1. DATE AND PARTIES. The date of this Mortgage is 11-04-2008 Cnd the 'artiesrn � and their addresses are as follows: Y n D-4 MORTGAGOR: MAHONEY CUSTOM HOMES, ---71r9IN) r INC ..<f—' 2809 SUNSET DRIVE N.E. z rn SWISHER, IA 52338 C-3..„77 _.._ y> D Refer to the Addendum which is attached and incorporated herein for additional Mortgagors. The Addendum is located on LENDER: SOLON STATE BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 2. MORTGAGE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (hereafter defined), Mortgagor grants, bargains, warrants, conveys and mortgages to Lender the following described property: (If the legal description of the property is not on page one of this Mortgage, it is located on .) LOT 53, PART ELEVEN, BRYN MAWR HEIGHTS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 18, PAGE 40, PLAT RECORDS OF JOHNSON COUNTY, IOWA hN IOWA -AGRICULTURAL/COMMERCIAL REAL ESTATE SECURITY INSTRUMENT (page 1 of 9) (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) 1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 E-FILED 2017 AUG 16 2:24 PM JOHNSON -CLERK OF DISTRICT COURT The property is located in JOHNSON at 15 EALING DRIVE (County) ,IOWA CITY , Iowa 52246 (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. NOTICE: THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $ 270,000.00 LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Mortgage at any one time shall not exceed the amount stated above. This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Mortgage and does not apply to advances (or interest accrued on such advances) made under the terms of this Mortgage to protect Lender's security and to perform any of the covenants contained in this Mortgage. Future advances are contemplated and, along with other future obligations, are secured by this Mortgage even though all or part may not yet be advanced. Nothing in this Mortgage, however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate writing. 4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: A. The promissory note(s), contract(s), guarantylies) or other evidence of debt described below and all extensions, renewals, modifications or substitutions (Evidence of Debt) (e.g., borrower's name, note amount, interest rate,maturity date): PROMISSORY NOTE OF EVEN DATE HEREWITH TOGETHER WITH ANY AND ALL FUTURE ADVANCES B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage is specifically referred to in the evidence of debt and whether or not such future advances or obligations are incurred for any purpose that was related or unrelated to the purpose of the Evidence of Debt. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Mortgage, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of Debt. E. Mortgagor's performance under the terms of any instrument evidencing a debt by Mortgagor to Lender and any Mortgage securing, guarantying, or otherwise relating to the debt. If more than one person signs this Mortgage as Mortgagor, each Mortgagor agrees that this Mortgage will secure all future advances and future obligations described above that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. This Mortgage will not secure any other debt if Lender fails, with respect to such other debt, to make any required disclosure about this Mortgage or if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Mortgage. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, warrant, convey, sell, and mortgage the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, '2§se payments, ground rents, utilities, and other charges relating to the Property when due.-Lende ay require Mortgagor to provide to Lender copies of all notices that such amounts arrals an he e 25/3 91 71 ®01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/291 _ --(C") N -<� rn 5,73 - ry E-FILED 2017 AUG 16 2:24 PM JOHNSON -CLERK OF DISTRICT COURT receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Mortgage. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses which Mortgagor may have against parties who supply labor or materials to improve or maintain the Property. 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property and that may have priority over this Mortgage, Mortgagor agrees: A.To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Lender consents in writing. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these on the Property. However, if the Property includes Mortgagor's residence, this section shall be subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Mortgage is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if (1) a beneficial interest in Mortgagor is sold or transferred; (2) there is a change in either the identity or number of members of a partnership or similar entity; or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Mortgage. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall be continuing as long as the Secured Debt remains outstanding: A. Mortgagor is an entity which is duly organized and validly existing in the Mortgagor's state of incorporation (or organization). Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Mortgage by Mortgagor and the obligation evidenced by the Evidence of Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than disclosed in writing Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will give Lender prompt notice of any loss or damage to the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Mortgagor will comply with all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Mortgagor also agrees that the nature of the occupancy and use will not change without Lender's prior written consent. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Mortgage. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any of Mortgagor's duties under this Mortgage, or any other mortgage, deed of trust, security agreement or other lien document that has priority over this Mortgage, Lender may, without notice, perform the duties or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any 11#1 r1/44 (pageMf 9) ExIr ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24 N D rn .._ r rn - rn a W • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT amount necessary for performance. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's security interest in the Property. This may include completing the construction. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Mortgage. Any amounts paid by Lender for insuring, preserving or otherwise protecting the Property and Lender's security interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in effect from time to time according to the terms of the Evidence of Debt. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, warrants, conveys and mortgages to Lender as additional security all the right,title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions,renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases,then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws,or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Mortgage, any prior mortgage or any construction loan agreement, security agreement or any other document evidencing, guarantying, securing or otherwise relating to the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any person or entity obligated on the Secured Debt; t--1(page 4-of 9) 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/240e l� -fC7 N r- ( ) W • E-FILED 2017 AUG 16 2:24 PM JOHNSON -CLERK OF DISTRICT COURT E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Mortgage in a manner provided by law if this Mortgagor is in default. Upon a default by the Mortgagor, the Lender may take possession of the Property itself or through a court appointed receiver, without regard to the solvency or insolvency of the Mortgagor, the value of the Property, the adequacy of the Lender's security, or the existence of any deficiency judgment, and may operate the Property and collect the rents and apply them to the costs of operating the Property and/or to the unpaid debt. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Mortgage and arty related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether expressly set forth or not, The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. REDEMPTION. Mortgagor agrees that in the event of foreclosure of this Mortgage, at the sole discretion of Lender, Lender may elect to reduce or extend the period of redemption for the sale of the Property to a period of time as may then be authorized under the circumstances and under any section of Iowa Code Chapter 628, or any other Iowa Code section, now in effect or as may be in effect at the time of foreclosure, 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Mortgage. Mortgagor will also pay on demand all of Lender's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Lender in respect to the Property, Mortgagor agrees to pay all costs and expenses incurred by Lender in enforcing or protecting Lender's rights and remedies under this Mortgage, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully and finally paid, Lender agrees to release this Mortgage and Mortgagor agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law, 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if 11) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. rwa ,/� �?�'' r (page oaf 91 Sc r ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24430 m `D arm= "-� —' r N rn o Q •: E-FILED 2017 AUG 16 2:24 PM JOHNSON -CLERK OF DISTRICT COURT D. Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Mortgage and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Mortgage without prejudice to any of Lender's rights under this Mortgage. L. Notwithstanding any of the language contained in this Mortgage to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Mortgage regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Mortgagor will give Lender prompt notice of any action, real or threatened, by private or public entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Mortgagor further agrees to notify Lender of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Mortgage. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the improvements now existing or hereafter built on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Mortgage. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "lender loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss o of made immediately by Mortgagor. ,[f r} (--(page 64719) , ® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/ ---(c IV r � • • I • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT Unless Lender and Mortgagor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to Mortgagor. If Mortgagor abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Mortgagor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem necessary. Mortgagor warrants that all financial statements and information Mortgagor provides to Lender are, or will be, accurate, correct, and complete. Mortgagor agrees to sign, deliver, and file as Lender may reasonably request any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Mortgage and Lender's lien status on the Property. If Mortgagor fails to do so, Lender may sign, deliver, and file such documents or certificates in Mortgagor's name and Mortgagor hereby irrevocably appoints Lender or Lender's agent as attorney in fact to do the things necessary to comply with this section. 25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Mortgage are joint and individual. If Mortgagor signs this Mortgage but does not sign the Evidence of Debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. Mortgagor agrees that Lender and any party to this Mortgage may extend, modify or make any change in the terms of this Mortgage or the Evidence of Debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Mortgage. The duties and benefits of this Mortgage shall bind and benefit the successors and assigns of Mortgagor and Lender. If this Mortgage secures a guaranty between Lender and Mortgagor and does not directly secure the obligation which is guarantied, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action laws. 26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Mortgage is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Mortgage is complete and fully integrated. This Mortgage may not be amended or modified by oral agreement. Any section or clause in this Mortgage, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or clause of this Mortgage cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Mortgage. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Mortgage are for convenience only and are not to be used to interpret or define the terms of this Mortgage. Time is of the essence in this Mortgage. 27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Mortgage, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 28. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rights relating to reinstatement, the marshalling of liens and assets, all rights of dower and distributive share and all homestead exemption rights relating to the Property. 29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Mortgage: ❑ Construction Loan. This Mortgage secures an obligation incurred for the construction of an improvement on the Property. ❑ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or wi become fixtures related to the Property. age 7Z9) Ext ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2 -) t/) C7 n r- rrl 1�-p� �i`T1 "ti 1 ■ i �•C co E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT ACKNOWLEDGMENT: STATE OF , COUNTY OF }ss. Ilndividual) On this day of before me, a Notary Public in the state of Iowa, personally appeared to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. My commission expires: (Notary Public) STATE OF I WA , COUNTY OFInnWh )ss. (Business On this day of '.tc nCA242( frrj before me, a Notary Public in the or Entity state of Iowa, personally appeared KEITH F. MAHONEY Acknowl- edgment) to me personally known, who being by me duly sworn or affirmed did say that that person is PRESIDENT of said entity, that (the seal affixed to said instrument is the seal of said entity or no seal has been procured by said entity) and that said instrument was signed and sealed, if applicable, on behalf of the said entity by authority of its board of directors/partners/members and the said PRESIDENT acknowledged the execution of said instrument to be the voluntary act and deed of said entity by it voluntarily executed. My commission expires: 9_ ( otary P blic) 6)00p1M1101i011 Numbsrr MIN] Illyarpri.cirt Expires (In the following statement "I" means the Mortgagor.) 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 contract, I voluntarily give up my rights to this protection for this property with respect to claims based upon this contract. (Signature) (Date) ry (Signature) — (Daye) CD 9 9 E9) 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2Q .< DC7 N - m 0 m _ w SOLON STATE BANK 126 SOUTH MARKET EXHIBIT SOLON IA 5 E13ED 2017 AUG 16 4 PM JOHNSON - CL RK OF DISTRICT COURT PHONE:319-624-3405 �f MAHONEY CUSTOM HOMES 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 09/13/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT LOAN NUMBER: 4010062206 ORIGINAL NOTE DATE: 11/04/08 PAYMENT DUE DATE: 08/15/16 ORIGINAL NOTE AMOUNT: 204, 000.00 TOTAL AMOUNT DUE: 1,325. 00 FINAL PAYMENT DATE: 10/03/16 COLLATERAL CODE: 20 YOU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A RIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU DO SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. YOUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . CORRECTION OF DEFAULT: BEFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF YOU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE OUR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT YEAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE THIS ONE. IF YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON PROMPTLY. FOR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287. SOLON STATE BANK CD m `1'1 DC7 N r -v rn rn GJ r) " E-FILED 2017 AUG 16 2:2 PM JQnC7NT FITCLER OF DISTRICT COURT Pugh PHONE 319.351-2026 ra h m,, FAX 319-351-1102 ATTORNEYS & COUNSELORS PUGHHAGAN.COM July 3,2017 Mahoney Custom Homes,Inc. 2809 Sunset Drive NE "., Swisher,IA 52338 — `; - �.. DEMAND FOR PAYMENT `� '"' r"" =C) N FriLoan No.: 4010062206 rn Property address: 15 Ealing Drive,Iowa City,IA 52246 — Cl Current creditor/servicer name: Solon State Bank y c.• Current creditor/servicer address: 126 South Market Street,PO Box 129,Solon,IA 52333 w Mortgage dated: November 4,2088 Accelerated Balance: $201,455.17 Dear Mortgagor: Solon State Bank as the owner and holder of your mortgage loan,and in accordance with the referenced Mortgage and applicable state laws,provides you with a formal notice that your balance has been accelerated.Below is a summary of your accelerated balance: Principal $198,449.30 Interest(thru 03/12/2017) $3,005.87 Late charges $ -- ACCELERATED BALANCE $201,455.17 You must pay the accelerated balance 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 Mortgage and applicable state laws.If you have not cured the default by July 17,2016 additional amounts may become due and payable under your Note and Mortgage. You have the right to reinstate your loan after acceleration and the right to bring a court action to claim your loan is not in default or any other defense to acceleration and sale that you may have. This notices remains in effect until the default is cured. Payment must be in the form of cashier's check,money order,or bank certified funds. Unless you,within thirty days after receipt of this notice,dispute the validity of the debt,or any portion thereo f the debt will be assumed to be valid by the debt collector. If you notify the debt collector in writing within the thirty-day period that the debt,or any portion thereof,is disputed,the debt collector will obtain verification of the (00211719} E-FILED 2017 AUG 16 2:24 PM JOHNSON -CLERK OF DISTRICT COURT debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by the debt collector. Upon your written request within the thirty-day period,the debt collector will provide you with the name and address of the original creditor,if different from the current creditor. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose. An original Iowa Mortgage Mediation Notice is enclosed. The undersigned is a debt collector attempting to collect a debt,and any information will be used for that purpose. However, if you have had your debt discharged in bankruptcy and you did not reaffirm you loan in your bankruptcy case, Solon State Bank will only exercise its right as against the property and is not attempting to assess or collect the debt from you personally, You are further advised that unless you notify the undersigned in writing within 30 days of your receipt of this notice that you are dispute the validity of the amount owed to Solon State Bank or any portion thereof,the debt will be assumed valid. This matter is very important.Please give it your immediate attention. Sincerely, I Prahm a En rn s l >..4 -v -- Ir CD to �� 3 M {00211719} 7C 0 LJ (A) E-FILED 2017 AUG 16 2:24 PM JOHNSON -CLERK OF DISTRICT COURT 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/, i available Iowa Mortgage Help offers 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. 0 Iowa Mortgage Help *n rn "n 1-877-622-4866 D'-t -- www.lowaMortgageHelp.com =n r.. (� This notice is being provided as required by Iowa Code section 654.48(2). -• 0 t. !r.1 C.J E-FILED 2017 AUG 16 2:24 P - ' DISTRICT COURT Pugh :XHIBIT 425 E. OAKOALE BOULEVARD SUITE 201 CORALVILLE, IOWA 52241 PHONE 319-351-2028 ra h m„, FAX 319-351.1102 ATTORNEYS & COUNSELORS PUGHHAGAN.COM July 28,2017 Mahoney Custom Homes,Inc. 1384 Lakewoods Dr.NE Swisher,IA 52338 DEMAND FOR PAYMENT Loan No.: 4010062206 Property address: 15 Ealing Drive,Iowa City,IA 52246 Current creditor/servicer name: Solon State Bank Current creditor/servicer address: 126 South Market Street,PO Box 129.Solon,IA 52333 Mortgage dated: November 4,2008 Accelerated Balance: $201,455.42 Dear Mortgagor: Your payment on July 12,2017,in the amount of$1,325.00 was attributed to delinquent interest charges and you remain in default under your loan obligations. Solon State Bank as the owner and holder of your mortgage loan, and in accordance with the referenced Mortgage and applicable state laws,hereby provides you with a formal notice that your balance has been accelerated.Below is a summary of your accelerated balance: Principal $198,449.30 Interest(thru 04/20/2017) $3,006.12 Late charges $ -- ACCELERATED BALANCE $201,455.42 You must pay the accelerated balance 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 Mortgage and applicable state laws. If you have not cured the default by August 11, 2017, additional amounts may become due and payable under your Note and Mortgage. You have the right to reinstate your loan after acceleration and the right to bring a court action to claim 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. The debt collector is attempting to collect a debt and any information obtained will be us4for that $lrpose. An original Iowa Mortgage Mediation Notice is enclosed. 2> .13 ..11111111111 ..C7 N re m rn {002141111 rn Q • E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT The undersigned is a debt collector attempting to collect a debt,and any information will be used for that purpose. However, if you have had your debt discharged in bankruptcy and you did not reaffirm you loan in your bankruptcy case, Solon State Bank will only exercise its tight as against the property and is not attempting to assess or collect the debt from you personally. You are further advised that unless you notify the undersigned in writing within 30 days of your receipt of this notice that you are disputing the validity of the amount owed to Solon State Bank or any portion thereof,the debt will be assumed valid. This matter is very important.Please give it your immediate attention. Sincerely, r �C Prahm _ o n y 7-74n N I _ rn o`er 0 {00214111} .: b.� CA) E-FILED 2017 AUG 16 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 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. ne/p is available Iowa Mortgage Help offers 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. o C) v r"rI Iowa Mortgage Help n••--4 1-877-622-4866 —s)c') ry j" www.lowaMortgageHelp.com ={r - O This notice is being provided as required by Iowa Code section 654.48(2). > A GJ C.j E-FILED 2017 SEP 12 4:45 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) No. EQCV ) vs. ) ) ORIGINAL NOTICE MAHONEY CUSTOM HOMES,INC., ) OEHL PLUMBING&HEATING,INC.,CITY ) OF IOWA CITY,IOWA, AND PARTIES IN ) POSSESSION, ) ) Defendants. ) TO THE ABOVE-NAMED DEFENDANT: City of Iowa City,Iowa 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)is attached to this notice. The name and address of Petitioner's attorney is Ryan J.Prahm,425 E.Oakdale Blvd,Suite 201,Coralville, IA 52241.The attorney's phone number is(319)351-2028 and facsimile number is(319)351-1102. You are further notified that(A)you must file an Answer or a Motion with the Clerk of the Court in the above county within 30 days after you receive this Original Notice. If you do not file an Answer or Motion within 30 days after receiving this Original Notice, the court may enter a judgment against you giving Plaintiff what they asked for in the Petition. (B)For help in this case,and for forms that you must use if you choose to represent yourself without an attorney, visit the Iowa Judicial Branch website at http://www.iowacourts.gov/and click on"Court Rules and Forms" or on"For the Public." (C)This case has been filed in a county that utilizes electronic filing. You must register to eFile through the Iowa Judicial Branch website at https://www.iowacourts.state.ia.us/Efile and obtain a log in and password for filing and viewing documents in your case and for receiving service and notices from the court. For general rules and information on electronic filing,refer to Iowa Court Rules Chapter 16 Pertaining to the Use of the Electronic Document Management System available on the Iowa Judicial Branch website. For court rules on the Protection of Personal Privacy in court filings,refer to Division VI of the Iowa Court Rules Chapter 16. If you are unable to proceed electronically, you must receive permission from the court to file in paper. Contact the clerk of court in the county where the petition has been filed for more information on being excused from electronic filing. (E) If you electronically file your Answer or Motion, it will be served automatically on Plaintiff or on Plaintiffs attomey(s).A Notice of Electronic Filing(NEF)will tell you if the court has excused Plaintiff from electronic filing. If the court has excused Plaintiff from electronic filing,you must mail a copy of your Answer or Motion to Plaintiff If you need assistance to participate in court due to a disability, call the disability coordinator at (319)398-3920. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. CLERK OlatOURT Johnson Manny areerthouse, Important: You are advised to seek legal advice to protect your interests. 77 '^C N ~� C : /h KC (4iubr )C'i rn o {00218182} — -, A' O STATE OF IOWA JUDICIARY Case No EQCV079304 County Johnson c.,se Title SOLON STATE BANK VS MAHONEY CUSTOM HOMES, INC. THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: httpliwww.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile Scheduled Hearng: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800.735.2942.) Date Issued 09/13/2017 08:16:58 AM i O s " I671 0111/111111111 -or) r --<r" z M District Clerk of Johnson County t7 0 /s!Wendy Lonngren E-FILED 2017 SEP 27 10:34 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) Case No.EQCV079304 ) vs. ) ) AMENDED PETITION FOR MAHONEY CUSTOM HOMES,INC., ) FORECLOSURE OEHL PLUMBING&HEATING,INC.,CITY OF) IOWA CITY,IOWA, 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 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 DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO- FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. COMES NOW, Plaintiff Solon State Bank by its undersigned attorney, Ryan �mg Pug 5 —v Hagan Prahm PLC,hereby files its Petition for Foreclosure,and states the following causettf-ettioesagainF — 1 c7 to Defendants: =tm - rn _ �,D 3 {00220517} 1 0 E-FILED 2017 SEP 27 10:34 AM JOHNSON - CLERK OF DISTRICT COURT 1. Plaintiff Solon State Bank is an Iowa state-chartered bank with offices in Iowa,engaged in mortgage lending in Johnson County, Iowa. 2. Defendant Mahoney Custom Homes, Inc., is an Iowa corporation, with its home office in Johnson County,Iowa and is the owner of the real property legally described as: LOT 102, FOX RIDGE-PART FOUR TO SOLON, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 49, PAGE 294,PLAT RECORDS OF JOHNSON COUNTY IOWA Excepting therefrom Units 356A, 356B, and 356C of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010,in Book 4585,Page 179,in the Records of the Recorder of Johnson County, Iowa,together with said unit's undivided interest in the common elements. ALSO DESCRIBED AS FOLLOWS: Unit 356D of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356E of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356F of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson c County, Iowa, together with said unit's undivided interest in theme —+ common elements; *n rn D--4 And CI-IC IV --Kn w Unit 356G of Windflower Villas Condominiums Phase 2,according tg,,,rn 111r the Declaration of Submission to Horizontal Property Regime,-:= = 0 pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010;. o {00220517} 2 E-FILED 2017 SEP 27 10:34 AM JOHNSON -CLERK OF DISTRICT COURT in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements. (the"Real Property"). 3. On October 3, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. 4010062141) to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated May 11, 2009,November 10, 2009, September 1, 2010, September 24, 2010, May 3, 2013, May 17, 2016, and October 17, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$345,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#1"). Note#1 is attached hereto as Exhibit"A"and by this reference made a part hereof. The payoff on Note #1 as of August 16, 2017,is $181,356.09. Interest accrues on the unpaid principal balance of$177,307.04 at the default interest rate of 15%,and the per diem accrual of this rate is$72.8659. 4. On March 28,2011,Defendant Mahoney Custom Homes, Inc.,executed a certain Promissory Note(Note No.4020064195)to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated September 28,2011,June 20,2012,October 2, 2012, June 12, 2013 and June 10, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$335,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as "Note #2"). Note #2 is attached hereto as Exhibit "B" and by this reference made a part hereof. The payoff on Note #2 as of August 16, 2017, is $329,522.62. Interest accrues on the unpaid principal balance of$324,287.58 at the default interest rate of 15%,and the per diem accrual of this rate is $133.2688. 5. On November 15, 2013, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. 4020065464) to Solon State Bank. Said Promissory Note was ext ceded via (3 --.1 Loan Extension Agreements dated June 12, 2013, and June 10, 2016. Said Promissory Ntieinct4e Loat Extension Agreements related thereto, secure a loan in an original amount of$33,5( (cat%ctivery {00220517} 3 0 :� o E-FILED 2017 SEP 27 10:34 AM JOHNSON - CLERK OF DISTRICT COURT Promissory Note and Loan Extension Agreements are hereinafter referred to as "Note #3"). Note #3 is attached hereto as Exhibit"C"and by this reference made a part hereof.The payoff on Note#3 as of August 16,2017,is$31,362.33.Interest accrues on the unpaid principal balance of$30,846.79 at the default interest rate of 15%,and the per diem accrual of this rate is$12.6767. 6. On December 24, 2013, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note(Note No. 4020066274)to Solon State Bank. Said Promissory Note was extended via a Loan Extension Agreement dated December 29, 2016. Said Promissory Note and the Loan Extension Agreement related thereto,secure a loan in an original amount of$45,000.00(collectively Promissory Note and Loan Extension Agreement are hereinafter referred to as "Note #4"). Note#4 is attached hereto as Exhibit"D" and by this reference made a part hereof. The payoff on Note #4 as of August 16, 2017, is $35,337.54. Interest accrues on the unpaid principal balance of$34,960.69 at the default interest rate of 15%,and the per diem accrual of this rate is$14.3674. 7. On July 31, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note(Note No.4260061947)to Solon State Bank.Said Promissory Note was extended via Loan Extension Agreements dated June 8,2010,March 28, 2011, October 20,2011,June 20,2012,October 2,2012,June 12, 2013, and June 24, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$336,000.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#5"). Note#5 is attached hereto as Exhibit"E"and by this reference made a part hereof.The payoff on Note#5 as of August 16,2017,is$29,092.60 Interest accrues on the unpaid principal balance of$28,266.19 at the default interest rate of 15%,and the per diem accrual O of this rate is$11.6162.Note#1,Note#2,Note#3,Note#4 and Note#5 are collectively rrred tZlerein as the"Notes." )-c N --�n 8. To secure the Notes Defendant Mahoney Custom Homes, Inc. executedeligred a rn O Open-End Real Estate Mortgage securing credit up to$900,000.00 to Solon State Bank ogre,200 O (the"Mortgage").The Mortgage is a lien against the Real Property. The Mortgage was filed for'Mord in the office of the Recorder of Johnson County, Iowa, on August 5, 2008, in Book 4334, Page 188, of the {00220517} 4 E-FILED 2017 SEP 27 10:34 AM JOHNSON - CLERK OF DISTRICT COURT records of that office.A copy of the Mortgage is attached hereto as Exhibit"F",and by this reference made a part hereof. 9. Defendant Mahoney Custom Homes, Inc. is in default of its obligations under the Notes and the Mortgage. Specifically,Defendant has failed to make payments required under the Notes. 10. Solon State Bank has elected,pursuant to the terms of the Notes to accelerate the time of payment of such Notes and has therefore declared the entire indebtedness immediately due and payable under the Notes. 11. On May 9, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc., a Notice of Right to Cure Default for Note#1,a copy of which is attached hereto as Exhibit"G"and by this reference made a part hereof. 12. On October 14, 2016, Solon State Bank gave Defendant Mahoney Custom Homes, Inc., Notices of Right to Cure Default for Note#2 and Note#3,a copies of which are attached hereto as Exhibit "H"and Exhibit"I"and by this reference made a part hereof. 13. On March 10,2017,Solon State Bank gave Defendant Mahoney Custom Homes,Inc.,a Notice of Right to Cure Default for Note#4,a copy of which is attached hereto as Exhibit"J"and by this reference made a part hereof. 14. On September 13, 2016, Solon State Bank gave Defendant Mahoney Custom Homes, Inc., a Notice of Right to Cure Default for Note#5,a copy of which is attached hereto as Exhibit"K"and by this reference made a part hereof. 15. On August 21, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration along with an Iowa Mortgage Mediation Notice for the Notes,copies of which are attached hereto as Exhibit"L"and by this reference made a part hereof. 16. Defendant Oehl Plumbing&Heating,Inc., is joined as a party to this action as air suit of a mechanic's lien filed (#010776), certified on September 21, 2016, filed Septembe h20 ' Oc} Plumbing&Heating,Inc.'s rights to the Real Property are junior to Solon State Bank. c--< N -=tn w .7(Sr; {00220517} 5 E - 0 E-FILED 2017 SEP 27 10:34 AM JOHNSON - CLERK OF DISTRICT COURT 17. Defendant City of Iowa City, Iowa, a municipal corporation is joined as a party to this action as a result of a Judgment entered in Case No.ICCISC090678 against Mahoney Custom Homes,Inc. on May 15, 2017, in the amount of$500.00, plus court costs. Defendant City of Iowa City, Iowa, a municipal corporation's rights to the Real Property which are subject to this action,are junior to Solon State Bank. 18. Defendant Parties in Possession are those individuals made a party to this action because they may claim some right,title or interest in the Real Property which is subject to this action by occupying or leasing space at the Real Property. Defendant Parties in Possession's rights to the Real Property which is subject to this action are junior to Solon State Bank. 19. The above-referenced Defendants are collectively referred to as the"Defendants." 20. The indebtedness due and payable under Note#1 and secured by the Mortgage consists of: (a) an unpaid principal balance in the amount of$177,307.04;and (b) interest as provided in Note #1 through August 16, 2017, in the amount of $4,049.05, with interest continuing to accrue from August 16, 2017, at the daily rate of$72.8659. 21. The indebtedness due and payable under Note#2 and secured by the Mortgage consists of: (a) an unpaid principal balance in the amount of$324,287.58;and (b) interest as provided in Note #2 through August 16, 2017, in the amount of $5,235.04 with interest continuing to accrue from August 16, 2017, at the daily rate of$133.2688. 22. The indebtedness due and payable under Note#3 and secured by the Mortgage consists of: (a) an unpaid principal balance in the amount of$30,846.79;and u =J (b) interest as provided in Note#3 through August 16,2017,in the aivRimt of 15.54," • --t 0 with interest continuing to accrue from August 16, 2017, ati$eitlailUate qPM' —�n $12.6767. - m s" M E37) 0 23. The indebtedness due and payable under Note#4 and secured by the Moll▪ age cofsists of: {00220517} 6 E-FILED 2017 SEP 27 10:34 AM JOHNSON -CLERK OF DISTRICT COURT (c) an unpaid principal balance in the amount of$34,960.69; (d) interest as provided in Note#4 through August 16,2017,in the amount of$376.85, with interest continuing to accrue from August 16, 2017, at the daily rate of $14.3674; and (e) Late Fees in the amount of$145.00. 24. The indebtedness due and payable under Note#5 and secured by the Mortgage consists of: (f) an unpaid principal balance in the amount of$28,266.19; (g) interest as provided in Note#5 through August 16,2017,in the amount of$616.41, with interest continuing to accrue from August 16, 2017, at the daily rate of $11.6162; (h) Late Fees in the amount of$10.00;and (i) Title fees in the amount of$200.00. 25. The Notes and the Mortgage allow Solon State Bank to collect attorneys' fees according to the terms and obligations owed under the note and the Mortgage. Solon State Bank's attorneys will file their Affidavit Re: Compensation separately. Solon State Bank asks for such attorneys' fees as may be approved by this Court. 26. The Notes and the Mortgage permit Solon State Bank to collect costs incurred in enforcing and protecting the Notes and the Mortgage. Solon State Bank has expended $200.00 in title fees, and anticipates expending additional monies to protect its interest in the Real Property. Solon State Bank is entitled to reimbursement for all advancements for abstracting expenses,property taxes,hazard insurance, attorney fees,and other protective advances,if any,made by Solon State Bank to protect the Real Property and/or improvements thereto. Any and all advancements made by Solon State Bank should be eluded as part of the in rem judgment. o r(43 m 27. Solon State Bank elects foreclosure without redemption and waiyes-gny might tre. deficiency judgment. t ; 7 0 {00220517} 7 E-FILED 2017 SEP 27 10:34 AM JOHNSON -CLERK OF DISTRICT COURT 28. Solon State Bank is the owner and holder of the Notes and the Mortgage.Solon State Bank has demanded payment and payment has been refused. 29. The Real Property is not:a)agricultural land as defined in Iowa Code§9H;b)agricultural property as defined in Iowa Code § 654A.1;c)used for an agricultural purpose as defined in Iowa Code § 535.13;or d)used for fanning as defined in Iowa Code§ 175.2. 30. All Defendants named in this action have or claim to have some lien upon or interest in the Real Property. The interests or rights of all Defendants in and to the Real Property are subordinate and junior to Solon State Bank's Mortgage and as such are all subject to extinguishment by foreclosure. WHEREFORE,Solon State Bank prays: (a) For judgment in rem against the Real Property with this judgment being in the amount of $606,671.18 together with interest at the rate of$244.7950 per day from August 16, 2017,plus all taxes, insurance,attorneys' fees,court costs, abstracting charges, Sheriff's fees, advances made on behalf of the Defendants,costs and accruing costs,and that said sum be declared a first lien upon the Real Property from the date of the Mortgage,prior to and superior to any right,title,lien or interest of the Defendants. (b) That the Mortgage be foreclosed for the full amount of said judgments,interest and costs. (c) That any right,title,lien or interest of the Defendants in the Real Property be decreed junior and inferior to the lien of the Mortgage. (d) That in the event the Defendants file a demand for delay of sale herein,the execution sale be delayed for a period of not more than two months from the entry of judgment,in the even the mortgaged Real Property is not his/her residence, and for a period of not more than six months from the entry of judgment in the even the mortgaged Real Property is his/her residence, and hereby waives any right to deficiency judgment against Defendants which might arise out of this proceeding. (e) That a special execution issue from the Court to the Johnson County Sheriffgromptly upon entry of judgment directing the sale of the Real Property or so much thereof as nfiyS tuitiissarytin satisfy said judgments, including interest, attorneys' fees, abstracting charges, and 4ging751sts t3a. E — advances made by Solon State Bank to safeguard its mortgage lien encumbering the ReaQ?..ertyycand t {00220517} 8 0 E-FILED 2017 SEP 27 10:34 AM JOHNSON -CLERK OF DISTRICT COURT at the time of Sheriff's sale,a Sheriff's Deed be issued to the purchaser of the Real Property,free and clear of any right,title,lien or interest of the Defendants. (f) That upon application of Plaintiff a receiver be appointed to collect any rents and profits from the Real Property during the pendency of this foreclosure proceeding through the date a Sheriff's Deed is issued. (g) That the Court recite in the Decree of Foreclosure that no third persons may obtain an interest in and to the Real Property after this action has been indexed by the Clerk of Court pursuant to Iowa Code§ 617.11. (h) That the Court order that if the purchaser at the Sheriff's 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. (i) For such other and further relief as the Court may find Solon State Bank entitled to and as may be just and equitable in the premises. Respectfully Submitted, PUGH HAGAN PRAHM PLC By:/s/Ryan J.Prahm RYAN J. PRAHM AT0010114 425 E.Oakdale Blvd, Suite 201 Coralville,IA 52241 PHONE: (319)351-2028 FAX: (319)351-1102 Email: rprahmna,pughhagan.com ATTORNEYS FOR PLAINTIFF b CD- 1 —O c7-< ry r-- to Z.<r in 62J ne {00220517} 9 } `� • • 1OJEXHIBIT MAHONEY CUSTOM HOMES,INC ,LON STATE BANK /� 2809 SUNSET DRIVE N.E. 126 SOUTH MARKET ST Loan Number \O\C1C'(r.)1,4\ 13 SWISHER,IA 52338 P.O.BOX 129 Date 10-03.701:18 SOLON,IA 52333-0129 Maturity Date 0415.7004 Loan Amount 9 345 500 00 Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSNi 20-3585619 Inciunes aacn borrower above,Jointly and severally. 'You"means the lender,its successors and assigns. For value:ecewE H ec, promise to pay to you,or your order,et your address listed above the PRINCIPAL sum of THREUNDRED FORTY FIVE Tt1414ia8J EIVE HUND: I :, I ,I I'.I Dollars S 345.500.00 ❑ Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. a Multiple Advance:The principal sum shown above is the maximum amount of principal 1 can borrow under this note.On I will receive the amount of 1 end future principal advances are contemplated. Conditions:The conditions for future advances are AS MFFf1Fl1 FOR f'MNSTRIICTIf1N f:OSTS IIPON_PRFCFNTAT1f1N OF INVOICES ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature Is subject to ell other conditions end expires on DI] Closed End Credit:You and I agree that I may borrow up to the maximum only one time land subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from 10.03.2009 at the rate of 7.250 % per year until 0415.7009 O Variable Rata:This rate may then change as slated below. O Index Rate:The future rate will be the following index rata: 0 No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change es often as , A change in the interest rate will take effect O Limitations:During the term of this loan,the applicable annual interest rate will not be more then %or less than %.The rate may not change more then %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change. ❑ ACCRUAL METHOD:Interest will be calculated on a ACTIIAl1365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ❑ on the same fixed or variable rate basis in effect before maturity(as indicated above). 00 at a rate equal to 15%PFS R ANNUM 7 LATE CHARGE:If a payment is made more than days after it ie due,I agree to pay a fate charge of X ADDITIONAL CHARGES:in addition to interest,I agree to pay the following charges which ISI are 0 are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 04.152009. X Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, and will bear interest at the interest rate In effect from time to time as provided for in this agreement. 1DDITIONAL TERMS: 19 If checked,this note is a credit agreement subiect to Iowa Code S 535.17 and the following notice is applicable to this note fV IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THESE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED C) IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS ---.;;h Cel AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. .•••••• rTi ,0 tel SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this ban Is DUPLEX CONSTRUCTION LOT C)—4C documeant by type and date): 102 FOX RIDGE • AREAL ESTATE MORTGAGE DATED 104.08 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING CI--t 1/413 THOSE ON PAGE 2).!have received a copy on today's date. "<I i • f MAHONEY C TO;/ IMES I h" ITN*section is lot your Internal use.FNhtre to 1st s separate security document doss not moan the t� aae...ssrrrserea s this ski not secure s nole.l �� �� .ter-* ✓ KEIT F.MAHONEY,`' PRESIDENT J` y. signature for Lender • NEIL ERUSHA,PRESIDENT I171VERSAL NOTE 019e4.1991 Bankers System,Inc..St.Cloud,MN Foam UN-IA 3/40002 /pegs 1 of 21 DEFINITIONS: As used on page t, 'lA - means the terms that apply to DEFAULT: : will be In default if any one or more of the foliowing occur: this ben. 'I,' 'me' or 'my' means each Borrower who signs this note 1l1 I fail to make a payment on time or in the amount due; 12)I fail to and each other person or legal entity )including guarantors, endorsers, keep the property insured, if required; 13) I lair to pay, or keep any and sureties) who agrees to pay this note(together referred to as 'us'). promise,on any debt or agreement I have with you;(4)any other creditor 'You"or'your'means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; (5)I die.am declared incompetent,make an assignment for Any term of this note which is contrary to applicable law will riot be the benefit of creditors,or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts as they become due). If any provision of this agreement cannot be enforced according to its 161 I make any written statement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it wee provided; (7) I do or fail to do agreement. No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; IB)any collateral securing this note Is COMMISSIONS OR OTHER REMUNERATION:I understand end agree that used in a manner or for a purpose which threatens confiscation bye legal any insurance premiums paid to insurance companies as par'of this note authority; (91 I change my name or assume an addition.)name without will involve money retained by you or paid back to you as commissions or first notifying you before making such a change; (10) I fail to plant, other remuneration. cultivate end harvest crops in due season; 111) tiny loan proceeds are In addition, I understand and agree that some other payments to thud used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as further explained In 7 C.F.R. Part 1940, Subpart G, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which aro neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if thle note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land las defined in Iowa Code y 172C.1)and I am end then unpaid principal. It you and I agree to a different application of in default on this note,you will give me notice of my right to cure.You payments, we will describe our agreement on this note. I may prepay a may exercise your remedies only it I fail to cure my default within 45 pert Of. or the entire balance of this loan without penalty, unless we days after you mail the notice(or 45 days after actual delivery it you use specify to the contrary on this note. Any partial prepayment will not a means other than certified mail), excuse or reduce any tater scheduled payment until this note is paid In full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment, you and I agree in writing to the exercise your remedies if you have-el given me the notice with respect contrary). to two prior defaults, b)you have given me the notice with respect to a INTEREST: Interest eocmes on the, principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in lull. If I receive the principal in more than one voluntarily surrender the agricultural land and you eccept it in full advance,each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate in effect on this note at any given time will Subject to the above limitations and any(itratetions imposed by Iowa apply to the entire principal advanced at that time.You and I may provide Code Chapter 864A,if I am in default on this note you have,but are not in this agreement for accrued interest not paid when due to be added to limited to.the following remedies: principal.Notwithstanding anything to the contrary,I do not agree to pay ill You may demand immediate payment of all 1 owe you under this end you do not intend to charge any rate of interest that is higher than note Iprincipal,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for 121 You may set off this debt against any right I have to the payment '.he extension of credit that is agreed to hare (either before or alter of money from you,subject to the terms of the"setoff"paragraph maturity). If eny notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,and of you actually collect more interest than 131 You may demand security, additional security, or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The Index will serve only as a device for setting the rate on other remedy, this note. You do not guarantee by selecting this index, or the margin. 141 You may refuse to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me. loans or class of loans to me or other borrowers. 151 You may use any remedy you have under state or federal law. ACCRUAL METHOD: The amount of interest that I will pay on this loon By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By weaving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a "year." If rio accrual event as a default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY S FEES:I agree to pay all costs of calculating interest. collection. replevin or any other or similar type of cost if I sin in default. POST MATURITY RATE: For purposes of deciding when the "Post In addition,if you hire an attorney to collect this note,I also agree to pay Maturity Rate')shown on page 1)applies,the term'maturity'means the any fee you incur with such attorney plus court costs )except where date of the last scheduled payment indicated on page 1 o1 this note or prohibited by law). To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I also agree to pay the reasonable attorney's tees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However, youuiisdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the 'PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to (1)demand payment of amounts due(presentment); principal. 121 obtain official certification of nonpayment(protest);or MULTIPLE ADVANCE LOANS:If this is a multiple advance loan,you and I (31 give notice that amounts due have not been paid (notice of expect that you will make more thae one advance of principal. If tine is dishonor). nosed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship cr impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay thus note charges I am obligated to pay (such as property insurance premiums), even if someone else has also agreed to pay it Iby,for example, signing then you may treat those payments as advances end add them to the this form or a separate guarantee or endorsement). You may sue ma unpaid peincipal under this note,or you may demand immediate payment alone,or anyone else who is obligered on this note,or any number of us of the charges. together, to collect this note. You may do so without any notice that it SET-OFF:I agree that you may set oft any amount due end payable under hes not been paid (notice of dishonor). You may without notice release 'his note egemst any right I have to receive money from you. any party to this agreement without releasing any other party.It you give 'Right to receive money from you'means: up any of your rights,with or without notice,it will not affect my duty to (1)any deposit account balance I have with you; pay this note. Any extension of new credit to any of us, or renewal of 12)any money owed to me on an item presented to you or in your this note by all or less then all of us will not release me from my duty to posseseion for collection or exchange;and pay it. (Of course, you are entitled to only one payment in full.)I agree (31 any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by 'Any amount due and payable under this note' means the total this note,or any portion of the note or debt, from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off. This total includes any balance the due of the note.I will not assign my obligation under this agreement without date for which you properly accelerate under this note. your prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of setoff will apply to my financial statement or information you may deem necessary. I warrant interest in the obligation and to eny other amounts I could withdraw on that the financial statements and information I provide to you are or will niy sole request or endorsement. Your right of set-off does not apply to be accurate.correct and complete. an account or other obligation where my rights are only as a NOTICE: Unless otherwise required by low, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by mailing it by lost class mad addressed to me Account or other tax-deferred retirement account. at my last known address. My current address is on page 1 I spree to You will not be liable for the dishonor of any check when the dishonor inform you in writing of any change in my address I will give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it first class to your address stated on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to any other address that you have designated. exercise of your right of setoff. CREDIT AGREEMENT: A'credit agreement' under Iowa Code I 535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by reel means any contract made or acquired by a lender to loan money or estate or a residence that is personal property, the existence of s default extend credit for any purpose. A "credit agreement' does not mean a and your remedies for such a default will be determined by applicable contract to extend credit by means of a credit card,or open end credit,or law. by the terms of any separate instrument creating the security a home equity line of credit. interest and, to the extent not prohibited by law and not contrary to the This note is not subject to Iowa Code f 535.17 if it is a 'credit terms of the separate security instrument, by the 'Default' end agreement" mode primenly for a personal, faintly, or household purpose 'Romsdles'paragraphs herein. where the credit extended is twenty thousand dollars or lees. DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL INTEREST 'MEREST :N7EREST TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE RATE PAYMENTS PAID Mot magma) 1/THOUGH $ $ $ % $ $ e 1 - % $ Iv 1 1 9 98...1 0 1 8 Cis .--el s 8 1 liki77 $ $ $ Air'0---.1 -p $ 6 1 96:0"; N 8 $ a : t.--) ".0 1 $ s y-- 1 1 $ 84) -L y � -e.`. • 4 (page 2 of 21 F5 a g l are,1991 Banker.Systems,Na.,5L Crena. ,.`orm USIA 3/4/2002 / > O • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 282,888.84 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to November 1,2009. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 11th Day of May , 2009 SOLON STATE BANK MAKERS ENDORSERS Solon Stat Bar, Mahone C o es,Inc. By Keith F.Mahoney,President • By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 341,226.15 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to February 15,2010. All other terms and conditions shall remain the same. ' The above Extension Memorandum is hereby approved and accepted this 10th Day of November , 2009 SOLON STATE BANK MAKERS ENDORSERS Solon State BankMahon y C m H me nc. By DXLI_ � Keith F.Mahoney,Presi nt By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 344,443.07 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to September 1,2010. All other terms and conditions shall remain the same. ry • The above Extension Memorandum is hereby approved and accepted this 5th Day of March O , X010 C7 • SOLON STATE BANK MAKERS ENDORSERS 1> Solon State B Mahon C m ,Inc. CI—E tv Byef,77 l' G� P�S.Of/ -��rte Ketth F.Mahoney,Pr ident 373' - 0 By Y • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 345,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,360.00 due monthly beginning November 5,2010 until September 5,2013 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 24th Day of September , 2010 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahone Cu .. o nc. By ��� %�I /4 Kei F.Mahoney,Pres' ent By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 339,308.93 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,240.00 due monthly beginning June 10,2013 until May 10,2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 3rd Day of May , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahoney ust •I.es c. Ket .Mahoney,Preside By LOAN EXTENSION AGREEMENT . MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,000.00 ENDORSER BALANCE $ 336,991.08 • MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,225.00 due monthly beginning June 15,2016 until May 15,2019 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 17th Day of May — , 016 t=• SOLON STATE BANK MAKERSENDORSERS Solon State Bank Mahoney C torn Homes,Inc. c-< —0 jfele Keith .Mahoney,By v�// '"T x' • P idem By .. LOAN EXTENSION AGREEMENT 35c„L ' / . MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 174,381.71 MEMORANDUM OF LOAN EXTENSION For value received, the above referenced loan is hereby extended as follows:$1,100.00 due monthly beginning November 10,2016 until October I0,2019 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 117lh Day of October , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Maho C, m •o nc By 4W.,./ s it F. Mahoney,P "dent By _ d U �+ cn -11 :gym m /OL2rir EXHIBIT MAHONEY CUSTOM HOMES,INC SOLON STATE BANK 3705 170TH STREET NE 126 SOUTH MARKET ST Loan Number 7 2 •-oc4(1 4.7 SOLON,IA 52333 P.O.BOX 129 Detep3.211.7011 SOLON,IA 52333-0129 Maturity Date(01.15.7011 Loan Amount 9 138 600 fill Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 20-3585619 Includes each borrower above,jointly and severally. "You'means the lender,its successors and assigns. For value received,I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of THREE HUNORFD THIRTY FIVE THOUSAND FIVE HUNDRED AND NO1100 Dollars $3,35,a2010 O Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. IX Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of 9 and future principal advances are contemplated. Conditions:The conditions for future advances are: , I i I; 1 ; I, I, i '1, '. I I . 1, I , I ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature is subject to all other conditions and expires on IX Closed End Credit:You and I agree that I may borrow up to the maximum only one time land subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance fromf1:1-7/1.71111 at the rate of A R50% per year until 08-15.7011 ❑ Variable Rata:This rate may then change as stated below. ❑ Index Rate:The future rate will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency end Timing:The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations:During the term of this loan,the applicable annual interest rate will not be more than %or less then %.The rate may not change more than %each Effect of Variable Rate:A change In the interest rate will have the following effect on the payments: 0 The amount of each scheduled payment will change. ❑ The amount of the final payment will change. -ACCRUAL METHOD:Interest will be calculated on a ACTUAL 1365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ❑ on the same fixed or variable rate basis in effect before maturity las indicated above!. GO at a rate equal to 15%PFR ANNUM ❑ LATE CHARGE:If a payment is made more than days after it is due,I agree to pay a late charge of ADDITIONAL CHARGES:In addition to interest, I agree to pay the following charges which I11 are 0 are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 08.15-2011. • 3 Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, end will bear interest at the interest rate in effect from time to time as provided for In this agreement. ADDITIONAL TERMS: (l If checked,this note is a credit agreement subject to!owe Code 5 535.17 and the following notice is applicable to this note. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THESE 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. (II SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan is DUPLEX CONDO CONSTRUCTION document by type and date): • A REAL ESTATE MORTGAGE DATED 1-4-08 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING THOSE ON PAGE 21. have receiv . copy on today's date, MAHONEY T )%7•:;„1.01/ Wo aeotlan a for your athis Infernal me.Failure to Ilei a sevante security document does nor mato the Woomera MN not secure this nee.) KEITH F.MAHONEY,PRESI::' i1 Signature for Lender ›i• ORAMILIM D,NEIL ERUSHA,PRESIDENT 1T1 0 UNIVERSAL NOTE V02010.5.4 Ex 01984,1991 Banters Systems.Ino..Or.cloud.MN Form UN-IA 314/2002 ,�� (pope 1 of 21 DEFINITIONS: As used on page 1, '®'means the terms that apply to DEFAULT: I will be in default if any one or more of the following occur: this loan. 16" "me" or "my' means each Borrower who signs this note 111 I fall to melte a payment on time or in the amount due; (2)I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; (31 I fail to pay, or keep any and sureties)who agrees to pay this note'together referred to as'us"). promise,on any debt or agreement I have with you;(41 any other creditor 'You"or'your'means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; (51 I die,am declared incompetent,make en assignment for riny term of this note which is contrary to applicable law will not be the benefit of creditors, or become Insolvent neither because my liabilities effective,unless the law permits you and me to agree to such a variation, exceed my assets or I em unable to pay my debts as they become due); If any provision of this agreement cannot be enforced according to its 181 I make any written statement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; (71 I do or fall to do Agreement. No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; (SI any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION:I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; 19)I change my name or assume an additional name without will involve money retained by you or paid back to you as commissions or first notifying you before making such a change; 110) I fail to plant, other remuneration, cultivate and harvest crops in due season: II 1) any loan proceeds are In addition,I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration, commodity. es further explained in 7 C.F.R. Pert 1940, Subpart Ce, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid Interest, secured by agricultural land(ea defined in Iowa Code 1172C.1)and I am end than unpaid principal. II you and I agree to a different application of in default on this note, you will give me notice of my right to cure. You payments, we will describe our agreement on this note.I may prepay a may exercise your remedies only if I fail to cure my default within 45 part of, or the entire balance of this loan without penalty. unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other then certified main. excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment, you and I agree in writing to the exercise your remedies if you have: al given me the notice with respect contrary). to two prior defaults,b)you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural lend and you accept it in full advance, each advance will start to earn Interest only when I receive the satisfaction of the debt. advance. The Interest rate In effect on this nota at any given time will Subject to the above limitations and any limitations imposed by Iowa apply to the entirerincipal advanced at that time.You and I may provide Code Chapter 654A, if I am in default on this note you have,but aro not •.in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: principal.Notwithstanding anything to the contrary, I do not agree to pay (1)You may demand immediate payment of ell I owe you under tins and you do not intend to charge any rate of interest that ix higher than note Iprincipel,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for 121 You may sot off this debt against any right I have to the payment the extension of credit that is agreed to here (either before or after of money from you,subject to the terms of the'set-off"paragraph maturity). If any notice of interest accrual is sent and is in error, wo herein. mutually agree to correct it,and if you actually collect more interest than (31 You may demand security,additional security, or additional parties allowed by taw and this agreement,you agree to refund it to me, to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, 14)You may refuse to make advances to me or allow purchases on that the rete on this note will be the same rete you charge on any other credit by me. loans or class of loans to me or other borrowers. 15)You may use any remedy you have under state or federal law, 'ACCRUAL METHOD: Tho amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up •Will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare ,age 1 of this note. For the purpose of interest calculation, the accrual en event to be a default.you do not waive your right to later consider the method will determine the number of days in a `year.' If no accrual event as a default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEYS FEES:I agree to pay all costa of ; LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. ‘. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 319,546.21 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,100.00 due monthly beginning July 15,2016 until June 15,2019 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 10th Day of June , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahis y C '•m .Inc. By —."7/ -/f2e.." eith F. Ma o ey,P sident By LOAN EXTENSION AGREEMENT • MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 335,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,225.00 due monthly beginning August 10,2013 until June 10 2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 12th Day of June , 2013 SOLON STATE BANK MAKERS ENDORSERS y Solon State Bank Mahone Cu •j H.• ce 74,- B 422,7/"... ...A11/11 Keith F. Mahoney, ' sident • By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 335,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to March 15,2013. All other terms and conditions shall remain the same. r C.J The above Extension Memorandum is hereby approved and accepted this 2"a Day of OctobeE 20121-9 W� C'1 SOLON STATE BANK MAKERS ENDORSERS >-1 "13 .•... By Solon State Bank Mahoney Cus. v� c. C•••< 1\3 r. A,,, ,egiz.4f1 %/1001jr -,S7"(1// =In Keith F.Mahoney,Presi e t - T By - o LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. V LOAN NUMBER 402-0064195 • ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 335,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended TO September 30,2012. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 201 Day of June , 2012 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahon•. u .o By /i ‘41/74/ Keith F.Mahoney,Pres-sent By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 109,763.63 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to June 1,2012. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 286 Day of September , 2011 SOLON STATE BANK MAKERS ENDORSERS BANK• By State Bank ,� Mahone C Ho I .../Le KeithPresident F Mahoney, • • By 1 L� J 1 n fvl ` i ..-1 -1 - 7-74r IsE ?. =77 1- p EXHIBIT MAHONEY CUSTOM HOMES,INC SOLON STATE BANK Il++11 ���jj� rr I 3705 170TH STREET NE 126 SOUTH MARKET ST Loan Number g02W` 61-4LP'-1 SOLON,IA 52333 P.O.BOX 129 Date11.15.2012 SOLON,IA 52333.0129 Maturity Date 113.15.7f113 13 Loan Amount$33,500-(10 Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 20-3585619 'P includes each borrower above,jointly and severally. "You"means the lender,its successors and assigns. For value received,I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of THIRTY THREE TH(MISANO FIVE HUNDRED AND NO/100 Degas$115.00 no ❑ Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. DI Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On 11-15-7012 I will receive the amount of$ and future principal advances are contemplated. Conditions:The conditions for future advances ere AS NEFDED FOR FUTURE CONSTRUCTION COSTS UPON PRESENTATION OE INVOICES ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature Is subject to all other conditions and expires on ▪ Closed End Credit:You and I agree that I may borrow up to the maximum only one time(and subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from 11.15.7017 at the rate of R R50 % per year until 03-15.7111 Li Variable Rate:This rate may then change as stated below. t-I Index Rate:The future rete will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations:During the term of this loan,the applicable annual interest rate will not be more than %or less than %.The rate may riot change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. 0 The amount of the final payment will change. • ACCRUAL METHOD:Interest will be calculated on a ACIIIA1/365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ' ❑ on the same fixed or variable rate basis in effect before maturity las indicated above). OD at a rate equal to 15%PER ANNUM , O LATE CHARGE:If a payment is made more than days after it is due,I agree to pay a late charge of O ADDITIONAL CHARGES:In addition to interest,I agree to pay the following charges which ❑ are CI are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 03-15-2013. IX Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, and will bear interest at the interest rate in effect from time to time as provided for in this agreement. 'ADDITIONAL TERMS: lye` If checked,this note is a credit atlre.emcnt subject to Iowa Code 4 535.17 and the following notice is applicable to Iris note. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THESE 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. .Xl SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan is BALANCE CONSTRUCTION document by type arid date): COSTS LOT 102 UNITS E&F REAL ESTATE MORTGAGES DATED 14.08,11.4.08 AND 11-10-05 AND SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING . A SECURITY AGREEMENT DATED 3-5-10 THOSE ON PAGE 2 I have receiverl ateapy on today's date. ink sedan Is for your internal coo.FaYua to Ib1 a aepareta security document does not r--eonrye MAHONE CU�eri HD 89r0011.1t Mil not wcure Ude now.? J K I H F.MAHONEY,PRESIDE rn Ir' C>—< Signature for Lender r- -IC) �D D NEIL ERUSHA,PRESIDENT -- r—t UNIVERSAL NOTE 191954.roar Banken Systeme,Inc..Sr.Cloud,MN Penn UN-IA 5)4/2002 V02012.2 (page 1 of 2/ I DEFINITIONS:As used on page 1, "( ' means the terms that apply to DEFAULT:I will be in default if any one or more of the following occur: this loan. "I,' 'me' or "my-means each Borrower who signs this note Ill I fail to make a payment on time or in the amount due; 12)I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, it required; 131 I fail to pay, or keep an and sureties)who agrees to pay this note(together referred to as 'us'). promise,on arty debt or agreement 1 have with you;(41 any other creditor You'or'your'means the Lender and Its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings;(5)I die. are declared incompetent,make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors,or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts es they become duel; If any provision of the agreement cannot be enforced according to its (6)I make any written statement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or inaccurate et the time it was provided; 171 I do or fell to do agreement.No modification of this agreement may be made without your something which causes you to believe that you will bane difficulty express written consent.Time Is of the essence in this agreement. collecting the amount I owe you;181 any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION:I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; 191 I change my name or assume en additional name without will involve money retained by you or peril back to you as commissions or first notifying you before making such a change; 1101 I fail to plant, other remuneration. cultivate and harvest crops in due season; 1111 any loan proceeds are In addition,I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce en agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R, Part 1940, Subpart G. PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land(as defined in Iowa Code! 172C,I1 and I am end then unpaid principal. If you and I agree to a different application of in default on this note,you will give me notice of my right to cure. You payments, we will describe our agreement on this note.I may prepay a may exercise your remedies only if I fail to cure my default within 45 petit of, or the entire balance of this loan without penalty, unless we days after you mail the notice for 45 days alter actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other than certified mad). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment,you and I agree in writing to the exercise your remedies if you have:a)given me the notice with respect contrary). to two prior defaults,h)you have given me the nonce with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural land and you accept it in hilt advance,each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate In effect on this nota at any given time will Subpct to the above limitations and any limitations imposed byIowa apply to the entire principal advanced at that time.You and I may provide Code Chapter 654A,if)am in default on this note you have,but re not in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: principal.Notwithstanding anything to the contrary,I do not agree to pay 111 You may demand immediate payment of all I owe you under this and you do not Intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued chargesi. the maximum rate of interest you could charge under applicable law for (21 You may set off this debt against any right I have to the payment the extension of credit that is agreed to here (either before or alter of money from you,subject to the terms of the'set-off'paragraph maturity). If any notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,and if you actually collect more interest than (3)You may demand security,additional security,or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, (41 You may refuse to make advances to me or allow purchases on ' that the rate on this note will be the same rate you charge on any other credit by me. •loans or class of loans to me or other borrowers. (51 You may use any remedy you have under state or federal law ACCRUAL METHOD:The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a 'year.' If no accrual event as a default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY'S FEES:I agree to pay all costs of calculating interest. collection, replevin or any other or similar type of cost if I am in default. POST MATURITY RATE: For purposes of decoding when the 'Post In addition,it you here an attorney to collect this note,I also agree to pay vtaturity Rate'(shown on page 11 applies,the term'maturity'means the any fee you incur with such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law). To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: It this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However,you jurisdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the 'PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued intermit not paid when due may be added to (1)demand ayment of aintwnts duo(presentment); principal. (21 obtain official certification of nonpayment(protest',or MULTIPLE ADVANCE LOANS:It this is a multiple advance loan,you and I (31 give notice that amounts due have not been paid (notice of .expect that you will make mote than one advance of principal. If this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based or, suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on cry behalf. OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as properly insurance premiums), even if someone else has also agreed to pay it(by,for example,signing then you may treat those payments as advances and add them to the this fora{ or a separate guarantee of endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone,or anyone else who is obligated on this note,or any number of us of the charges. together, to collect this note. You may do so without any notice that it SET-OFF:I agree that you may set off any amount due and payable under has not been paid(notice of dishororl. You may without notice release this note against any right I have to receive money from you. any party to this agreement without releasing any other parry.If you give 'Right to receive money from you'means: up any of your rights,with or without notice,it will not affect my duty to I1)any deposit account balance I have with you; pay this note.Any extension of new credit to any of us. or renewal of (2)any money owed to me on en item presented to you or in your this note by all or less then all of us will not release me from my duty to possession for collection or exchange;and pay it. (Of course, you are entitled to only one payment in full./I agree (3)any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by 'Any amount duo and payable under this note' means the total this note.or any portion of the note or debt, from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off.This total includes any balance the due of the note.I will not assign my obligation under this agreement without date for which you properly accelerate under this note. your prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of set-Off will apply to my financial statement or information you may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement.Your right of set-off does not apply to be accurate,correct and complete. an account or other obligation where my rights are only as a NOTICE: Unless otherwise required by law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by mailing it by first class mall addressed to me Account or other tax-deferred retirement account. at my last known address. My current address is on page 1. I agree to You will not be liable for the dishonor of any check when the dishonor inform you in writing of any change in my address. I will give any notice occurs because you set off this debt against any of my accounts.I agree to you by mailing it first class to your address stated on page 1 of this to hold you harmless from any such claims arising as a result of your agreement.or to any other address that you have designated. exercise of your right of set-off. CREDIT AGREEMENT:A'credit agreement'under Iowa Code 1 535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract made or acquired by a lender to loan money or estate or a residence that is personal property,the existence of a default extend credit for any purpose. A 'credit agreement' does not mean a and your remedies for such a default will be determined by applicable contract to extend credit by means of a credit card,or open end credit,or law, by the terms of any separate instrument creating the security a home equity line of credit. interest and, to the extent not prohibited by law and not contrary to the This note is not subject to Iowa Code 4 535.17 if it is a 'credit terms of the separate security instrument, by the 'Default" and agre ement'made primarily for a personal, family,or household purpose "Remedies'paragraphs herein. where the credit extended is twenty thousand dopers or less- DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINcIrAL INURES! INTEREST INTEREST TRANSACTION ADVANCE INITIALS PAYMENTS BAL ANTI nArE PAYME'Q, PAID leer rpukedl C..... THROUGH: $ $ 4 %I's-J --I a a 4 - 4 4 4 - — %.S., N S $ 4 %1.4-- rij- ___ $ $ 4 16.-T1 C—i a $ 4 %i?--44 $ 4 4 % 1 .; —,. $ $ 4 i- •• $ 5 $ ,6 $ CD (per 2 o/2) 01904.1991 Seekers Systems.Inc..St.Claw Form UN-IA 5/02002 r J_W LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. V LOAN NUMBER 402-0065464 ORIGINAL AMOUNT $ 33,500.00 ENDORSER BALANCE $ 31,170.63 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$225.00 due monthly beginning July 15,2016 until June 15,2019 when the balance will be due.All other terms and conditions shall remain-the same. The above Extension Memorandum is hereby approsed and accepted this 10th Day of June , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahone tulip'Ho , Inc. By ' cith F. Mahoney,P esident By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0065464 ORIGINAL AMOUNT $ 33,500.00 ENDORSER BALANCE $ 33,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$225.00 due monthly beginning August 10,2013 until June 10 2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 12th Day of June , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Maho tbm H Inc. . By f(X.27....e...4 Keith .Mahoney,President r By rh fV KA 11 =in `.O m x r � • M).721.5- EXHIBIT MAHONEY CUSTOM HOMES,INC. SOLON STATE BANK 1384 LAKE WOODS DRIVE NE 126 SOUTH MARKET ST Loan Number Y01-et,4627y SWISHER,to 52338 P.O.BOX 129 Date17-24-9013 a SOLON,IA 523330129 Matun;y Date 12-15-7018 Loan Amount S 4x000 RD BORROWER'S NAME AND ADDRESSRenewal Of "I"Includes each borrower above jointly ane severally. anV� "You"meanss the lS lender,its successors NAME ANDADDRESS SSW' 20-3585619 ccessors end assigns. For value received,I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of FORTY FIVETHOUSAND AND NDI100 Dollars$4500000 Single Advance:I will receive all of this principal sum on 17-24-71113 .No additional advances are contemplated under this note. 0 Mtlttiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of S and future principal advances are contemplated. Conditions:The conditions for future advances are ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more then one time.This feature is subject to all other conditions and expires on ❑ Closed End Credit:You and I agree that I may borrow up to the maximum only one time land subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from 12.24-9019 at the rate of R 25Q % per year until 17.15.71118 CI Variable Rate:This rate may than change as stated below. ❑ Index Rate:The future rate will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in yoLr control, ❑ Frequency end Timing:The rate on this note may change as often as • A change in the interest rate will take effect ❑ Umitadons:During the term of this loan,the applicable annual interest rate will not be more than %or less than %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: d The amount of each scheduled payment will change. ❑ The amount of the final payment will change. ACCRUAL METHOD:interest will be calculated on PCTUAI1385 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing often maturity,and until paid In full,as stated below: J on the same fixed or variable rate basis in effect before maturity las indicated above,. 3 at a rate equal to 15%PER ANNUM IX LATE CHARGE:If a payment is made more than 15 days after it le due,I agree to pay a late charge of 5 0(10%OF THE I ATE AMOUNT Li ADDITIONAL CHARGES:In addition to interest,I agree to pay the following charges which ❑ are 0 are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: 35 MONTHLY PAYMENTS OF$500.00 BEGINNING 01-15-2014 AND 1 BALLOON PAYMENT OF$34,935.08 ON 12.15-2016.THE ACTUAL AMOUNT OF MY FINAL PAYMENT WILL DEPEND ON MY PAYMENT RECORD. EG Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, end will bear interest at the interest rate in effect from time to time as provided for in this agreement. ADDITIONAL TERMS: 5 If checked,this note is a credit agreement subject to Iowa Code S 636.17 and the following notice is applicable to this note. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THESE 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. SECURITY: This rote is separately secured by (describe separate PURPOSE:The purpose of this loan is BALANCE CONSTRUCTION document by type and date): COSTS LOT 102 UNITS E&F SECURITY AGREEMENTS DATED 7-31-08 AND 3-5-10 AND A REAL SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE 'INCLUDING ESTATE MORTGAGE DATED 1-4-08 THOSE ON P G .2have re v:.a copy on today's date. (This section It ter'Marnepeen r.iwre to as•separate security aoc.n»nr de.s not moss m. MAHON ''.:S 1141- QM '� .ar..m.nt r notof secure this nets I U•/ KEI F.MAHONEY,PRESTO' rn i Signature for Lender •'•- 41.1•••••• iNa VD D NEIL ERUSHA,PRESIDENT 7. R ) UNIVERSAL NOTE al ��✓ D1984.199;Denko..Systems.Inc..St.timid.MN Form LIN-IA 1/412002 /page 1 or 2) DEFINITIONS:As used on page I, -Ip" means the terms that apply to DEFAULT:I will be in default if any one or more of the following occur: this loan 'I,' 'me' or 'my' means each Borrower who signs this note (11 I fail to make a payment on time or in the amount due: (21 I fall to and each other person or legal entity (including guarantors, endorsers, keep the properly insured, if required; 13) I fad to pay, or keep any and sureties)who agrees to pay this note(together referred to as'us'l. promise.on any debt or agreement I have with you:141 any other creditor 'You'or"your'means the Lender end its successors and assigns. of mine attempts to collect arty debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings;1511 die,am declared incompetent,make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors,or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a venation. exceed my assets or I am unable to pay my debts as they become due). If any provision of this agreement cannot be enforced according to its (61 I make any written statement or provide any financial information that terms, this fact wilt not affect the enforceability of the remainder of this rs untrue or inaccurate at the time it was provided; (7)I do or fail to do agreement.No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is o)the essence in this agreement. collecting the amount I owe you: 18)any collateral secunrrg this note is COMMISSIONS OR OTHER REMUNERATION:I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any Insurance premiums paid to insurance companies as part of this note authority;(91 I change my name or assume an additional name without will involve money retained by you or paid back to you as commissions or first notifying you before making such a change; (10) I fail to plant, other remuneration. cultivate and harvest crops in due season; (1 t I any loan proceeds are In addition,I understand end agree that some otter payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce en agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R. Past 1940, Subpart C. PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The''iemmnder of each payment will then reduce accrued unpaid interest, secured by agricultural land las defined in Iowa Code i 172C.1)and I am and than unpaid principal. If you and I agree to a different application of in default on this note,you will give me notice of my right to cure.You payments, we will describe our agreement on this note.I may prepay a may exercise your remedies only If I fed to cure my default within 45 part o f1 or the entire balance of this loan without penehy, unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other than certified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment,you and I agree in writing to the exercise your remedies if you have.al given me the notice with respect contrary(. to two prior defaults,b)you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time. until paid in full. N I receive the principal in more than one voluntarily surrender the agricultural land and you accept it in lull advance,each advance will start to earn interest only when I receive the satisf action of the debt. advance. The interest rate in effect on this note at anygiven time will Subject to the above limitations and any imitations imposed by Iowa apply to the entire principal advanced at that time.You nd I may provide Code Chapter 854A,if I em in default on this note you have,but are not in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: principal.Notwithstanding anything to the contrary,I do not agree to pay 111 You may demand immediate payment of all I owe you under this and you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest aro other accrued charges). the maximum rate of interest you could charge under applicable law for (2)You may set off this debt against any nght I have to the payment the extension of credit that is agreed to here (either before or after of money from you.subject to the terms of the'set-off'paragraph Maturity). If any notice of interest accrual rs sent and is in error. we herein. mutually agree to correct it,and if you actually collect more interest than (31 You may demand security,additional security,or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. Mut note. You do not guarantee by selecting this index, or the margin. 141 You may refuse to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me. loans or class of loans to me or other borrowers. 15)You may use any remedy you have under state or federal law. ACCRUAL METHOD:The amount of Interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare page 1 of this note.For the purpose of interest calculation. the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a 'year.' If no accrual event es a default if it continues or happens again. method is stated, than you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEYS FEES:I agree to pay all costs of calculating interest. collection,replevin or any other or similar type of cost if I am in default. POST MATURITY RATE: For purposes of deciding when the 'Post In addition,if you hire an attorney to collect this note,I also agree to pay Maturity Rate'(shown on page 11 apples,the term'maturity'means the any fee you Incur with such attorney plus court costs lexcept where date of the last scheduled payment indicated on page 1 of this note Of prohibited by law(. To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code,I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you wilt make only one advance of principal. However,you J1uurriusdiction under the Bankruptcy Cede. may add other amounts to the principal d you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the 'PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to Il)demand payment of amounts due Ipresentmentl: p��erpal 121 obtain official certification of nonpayment(proles°,or MULTIPLE ADVANCE LOANS:If this rs a multiple advance loan,you and I 131 give notice that amounts due have not been paid (notice of expect that you will make more than one advance of principal. If this is dishonor)_ closed end credit, repaying a pert of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property insurance premiums), even if someone else has also agreed to pay it(by,for example.signing then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone,or anyone else who Is obligated on this note,or any number of us of the charges. together,to collect this note.You may do so without any notice that it SET-OFF:I agree that you may set off any amount due and payable under has not been paid Inotice of dishonor). You may without notice release this note against any right I have to receive money from you. any party to this agreement without releasing any other party.If you give 'Right to receive money from you'means: up any of your rights,with or without notice,it will not effect my duty to (1)any deposit account balance I have with you; pay this rote.Any extension of new credit to any of us, or renewal of 121 any money owed to me on an item presented to you or in your this note by all or less than all of us will not release me from my duty to possession for collection or exchange,end pay it. (Of course, you are entitled to only one payment in full.)I agree 131 any repurchase agreement or other nondeposrr obligation. that you may at your option extend this note or the debt represented by 'Any amount due end payable under this note' means the total this note,or any portion of the note or debt,from time to lime without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off.This total includes any balance the due of the note.I will not assign my obligation under this agreement without date for which you properly accelerate under this note. your prior written approval If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has nor agreed to pay this note, your right of set-off will apply to my financial statement or information you may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement.Your right of setoff does not apply to be accurate,correct and complete. an account or other obhgaron where my rights are only as a NOTICE: Unless otherwise required by law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by mailing it by first class mail addressed to me Account or other tax-deferred retirement account. et my last known address. My current address is on page 1. I agree to You will not be liable for the dishonor of any check when the dishonor Inform you In writing of any change in my address.I will give any notice occurs because you set off this debt against any of my accounts.I agree to you by mailing it fust class to your address stated on page 1 of this to hold you harmless from any such claims arising es a result of your agreement,or to any oder address that you have designated. exercise of your right of set-off. CREDIT AGREEMENT:A'credit agreement'under Iowa Code 4 535.17 REAL ESTATE OR RESIDENCE SECURITY:If this note is secured by real means any contract made or acquired by a lender to loan money of estate or a residence that is personal property,the existence of a default extend credit for any purpose. A 'credit agreement' does not mean a and your remedies for such a default will be determined by sppbcable contract to extend credit by means of a credit card,or open end credit.or law, by the terms of any separate instrument creating the security a home equity line of credit. . Interest and, to the extent not prohibited by law and not contrary to the This note is not subject to Iowa Code I 535.17 if it Is a credit terms of the separate security instrument, by the 'Default' end agreement"made primerily for a personal, family. of household purpose 'Remedies'paragraphs herein. where the credit extended is twenty thousand dollars or less. OATS OF PRINGPAL BORROWER'S PRINCIPAL PRINCIPAL INIERESI f.'s,/INTEREST e1TcsEST TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE RATE C,.SPAYMENTS 7N PAID N Mol required) •— .-_) ° I I 8 ° e ---{': g s ° ° ° . _f $ $ $ 6 % $ r. 6 ° ° - % ° O ° ° $ % $ /peg.2 or 21 C1904,test Banter.swine.,Inc.,St.Gong rum UN-IA 3/4/2002 LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0066274 ORIGINAL AMOUNT $ 45,000.00 ENDORSER _ _ _BALANCE $ 34,960.69 MEMORANDUM OF LOAN EXTENSION For valve received,the abovo referenced loan is hereby extended as follows:5500.000 due monthly beginning February 10,2017 until lanualy 10,2020 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 29" Day of December 2016 SOLON STATE BANK MAKERS • ENDORSERS Solon State Bank Mahoney u I-jo Te. By �' Keith F.Mahoney. idcnt • By • • N CZ= n r',I tea. )< r- D 3:;" • EXHIBIT • 1 1 MAHONEY CUSTOM HOMES,INC. SOLON STATE BANK r 2803 SUNSET DRIVE N.E. 126 SOUTH MARKET ST Loan Number `\r�(oC1O f17�' i. SOLON,IA 52338 P.O.80X 129 Da1eO7.31.2008 SOLON,IA 52333.0129 Maturity Date QB-111.7011 Loan Amount$3,36,t1M 011 Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 203585619 'I'includes each borrower above,jointly end severalty. You means the lender,its successors end assigns. For value received, I promise to pay to you,or your order,at your address listed ebovo the PRINCIPAL sum of TNRFF HIINDREO THIRTY SIX THOUSAND AND NO1100 Dollars 133B,M(1 no • Single Advance:I will receive all of this principal sum on 07.31-21108 .No additional advances are contemplated under this note. ❑ Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of$ and future principal advances ere contemplated. Conditions:The conditions for future advances are O Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more then one time. This feature is subject to all other conditions and expires on _ ❑ Closed End Credit:You and I agree that I may borrow up to the maximum only one time lend subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from117.3 .7008 at the rate of_ 7.250 % per year until f1R-A1.7n11 • ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rate:The future rete will be the following index rate: . ❑ No Index:The future rate will not be subject to arty internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often es ' A change in the interest rete will take effect ' ❑ Limitations:During the term of this roan,the applicable annual interest rate will not be more than %or less than %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change. 0 ACCRUAL METHOD:Interest will be calculated on a CTl1A11386 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,end until paid in full,es stated below: o on the same fixed or variable rate beide in effect before maturity Sas indicated above). 110 at a rate equal to 15%PFR ANNUM 'Ia LATE CHARGE:If a payment is made more then 15 days after it is due,I agree to pay a late charge of 5 flfW1%(IF THF 1 ATF • Ain INT -'J ADDITIONAL CHARGES: In addition to interest,I agree to pay the following charges which 0 are ❑ are not included in the principal amount • above: PAYMENTS:I agree to pay this note as follows: 95 MONTHLY PAYMENTS OF$2,300.00 BEGINNING 09-012008 AND 1 BALLOON PAYMENT OF$327,562.91 ON 08.01-2011. • ❑Unpaid Interest: Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) • will become pert of the principal thereafter, and will bear interest at the interest rete in effect from time to time as provided for in this agreement. eDDITIONAL TERMS: ilii If checked,this note b e credit agreement subject to Iowa Code S 636.17 and the following notice is applicable to this note. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THESE 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. at SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan is AMORTIZ fONSTRUCTION ' document by type and date): LOAN LOT 102 FOX RIDGE A REAL ESTATE MORTGAGE DATED 1.4-08 SIGNATURES: I AGREE TO THE-TERMS OF rl NOTE $INCLUDING THOSE ON PAGE 21.I have received-)copy on to y's date. lrnl. .chore is for your k,tornd LISA.Fellure to Itq..to.reu.wearlty dnn wnt dos,wt moon rite MAHONEY TD $ epreem.nt wMl not secure this note.) _ —C TV KEITH F. AHONEY,PRESIDENT _D r • —4 C7 Signature for Lender "'C'-- �� rn D NEIL ERUSHA,PRESIDENT C1 N UNIVERSAL NOTE F 01994,1991 Bonk...System.,Inc.,8t.Cloud,MN ram UN-IA 31412002 (page 1 of 21 DEFINITIONS: As used on page 1, "Is"moans the terms that apply to DEFAULT: I will be in default if any ono or more of the followmg occur: this loan. 'I,' 'me' or "my' means each Borrower who signs this note 111 I fail to make a payment on limo or in the amount due; (2)I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; (31 I fail to pay, or keep any end sureties)who agrees to pay this note'together referred to as 'us'). promise,on any debt or agreement I have with you;141 any other creditor 'You'or'your'means the Lender and its successors and assigns. of rime attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; (51 I die,am declared incompetent, make en assignment for Any term OI this note which is contrary to applicable law will not be the benefit of creditors. or become insolvent lather because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I em unable to pay my debts as they become duo); If any provision of this agreement cannot be enforced according to its IBI I make any written statement or provide any financial information that terms, this fact will not effect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; 171 I do or fail to do agreement. No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; 18)any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION:I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; (91 I change my nems or assume an additional name without will involve money retained by you or paid back to you as commissions or fust notifying you before making such a change; 110) I fail to plant, other remuneration. cultivate and harvest crops in duo season; 1111 any loan proceeds aro In addition,I understand end agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as pert of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agricultural paid back to you es commissions or other remuneration. commodity, as further explained In 7 C.F R. Part 1940, Subpart G. PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount 1 owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land las defined in lows Code 1172C.1)and I am and then unpaid principal. If you and I agree to a different application of in default on this note,you will give me notice of my right to cure. You payments, we will describe our agreement on this note. I may prepay a may exercise your remedies only if I fail to cure my default within 45 part of, or the entire balance of this loan without penalty, unless we days after you mail the notice tor 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other then certified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately furless, when I make the prepayment, you end I agree in writing to the exercise your remedies if you have:al given me the notice with respect contrary). to two prior defaults, b)you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, cr to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural lend and you accept it in full advance,each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate in affect on this note at any given time will Subject to the above limitations and any limitations imposed by Iowa apply to the entire principal advanced at that time.You and I may provide Code Chapter 884A,if I am in default on this note you have,but are not II;this agreement for accrued interest not paid when due to be added to limited to,the following remedies: principal.Notwithstanding anything to the contrary. I do not agree to pay 111 You may demand immediate payment of all I owe you under this .+rid you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for (21 You may set off this debt against any right I have to the payment the extension of credit that is agreed to here (either before or after of money from you.subject to the terms of the'set-off'paragraph .maturity(. If any notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,and if you actually collect more interest than 131 You may demand security,additional security,or additional parties allowed by law and this agreement,you agree to refund it to me. to bo obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, 141 You may refuse to make advances to me or allow purchases on that the rate on this note will be rho same late you charge on any other credit by ma. loans or class of loans to me or other borrowers (5)You may use any remedy you have under state or federal law. ACCRUAL METHOD: The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a 'year." If no accrual event ase default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY 5 FEES:I agree to pay all costs of calculating interest. coNection, replevin or any other or similar type of cost if I am in default. POST MATURITY RATE: For purposes of deciding when the 'Post In addition,if you hire an attorney to collect this note,I also agree to pay Maturity Rate' (shown on page 11 applies, the term'maturity means the arty fee you incur with such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law(. To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However, you jurisdiction under the Bankruptcy Coda. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not -Inscribed in the 'PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to (1)demand payment of amounts due Ipresentmontl; Urincipel. 12)obtain official certification of nonpayment(protest);or ,AULTIPLE ADVANCE LOANS:If this is a multiple advance loan,you and I 131 give notice that amounts due have not been paid (notice of r spec(that you will make more than one advance or principal. It this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of aidrtional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property Insurance premiums), even if someone else has also agreed to pay it Iby,for example, signing Nen you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone.or anyone else who rs obligated on this note,or any number of us of the charges. together, to collect this note. You may do so without any notice that it SETOFF:I agree that you may set off any amount duo and payable under has not been paid(notice of dishonor). You may without notice release this note against any right I have to receive money from you. any party to this agreement without releasing any other party.If you give 'Right to receive money from you'means: up any of your rights,with or without notice,it will not affect my duty to (II any deposit account balance I have with you; I pay this note. Any extension of new credit to any of us, or renewal of (2)any money owed to me on en Item presented to you or in your this note by all or less than ell of us will not release me from my duty to possession for collection or exchange;and pay it. (01 course, you are entitled to only one payment in full.)I agree 131 any repurchase agreement or other nondeposit obligation. the you may at your option extend this note or the debt represented by 'Any amount due and payable under this note' means the total this note, or any portion of the note or debt, from time to time without amount of which you aro entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set on.This total includes any balance the duo of the note.I will riot assign my obligation under this agreement without date for which you properly accelerate under this note. your prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of setoff will apply to my financial statement or information you may deem necessary. t warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement. Your right of set-off does not apply to be accurate,correct and complete. an account or other obligation whore my rights are only as a NOTICE: Unless otherwise required by law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by mailing it by first class mail addressed to me Account or other tax•deferred retirement account. at my last known address. My current address is on page 1. I agree to You will not be Rabic for the dishonor of any check when the dishonor inform you in writing of any change in my address. I will give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it first class to your address stated on page 1 of this to hold you harmless from any such claims arising as a result of your agreement.or to any other address that you have designated. exercise of your right 01 setoff, CREDIT AGREEMENT; A'credit agreement" under Iowa Coda 1535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract made or acquired by a lender to loan money or estate or a residence that is personal property,the existence of a default extend credit for any purpose. A 'credit agreement' does not mean a and your remedies for such a default will be determined by applicable contract to extend credit by means of a credit card,or open end credit,or law, by the terms of any separate instrument creating the security •home equity line of credit. interest and, to the extent not prohibited by law and not contrary to the This note is not sub+oct to lows Code 1535.17 if it is a 'credit terms of the separate security instrument, by the 'Default" and agreement" made primanly for a personal, family, or houaohold purpose "Remedies"paragraphs herein, where the credit extended Is twenty thousand dollars or lass. GATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL INTEREST INTEREST INTEREST TRANSACTION ADVANCE INITIALS PAYMFN'S BALANCE RATE PAYMENTS PAID In.(requl.ad) r"...) THROUGH: '- • A e _S6 8 $ e e -`:'9(:d • e 4 1=gt,-r , ••' N s eS �.., . e e '$ r Aril' in e e fi '%l , [[ III e C lir 1. • 4 e 8 � fr -- e e e ;_�n e o ti,) (Page 2 or 21 " 01084,1991 Banker,Systems,Inc.,St.Clow 'oris UNIA 3(412002 • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. $' LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 28,647.06 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$200.00 due monthly beginning July 15,2016 until June 15,2019 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 24'" Day of June . 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahon u .. Ho.y..4 By rEllL�� /..'.1��ei Keith F.Mahoney, ' ident By • LOAN EXTENSION AGREEMENT ' MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 30,000.00 ENDORSER - BALANCE $ 30.000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$200.00 due monthly beginning August 10,2013 until June 10 2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 126 Day of June , 2013 SOLON STATE BANK MAKERS ENDORSERS SolonloState Bank Mahon.; o�.. ... . Inc. By ,Cl )/, Keith F.Mahoney, ' dent . By • • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-006I947 ORIGINAL AMOUNT S 336,000.00 ENDORSER BALANCE S 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to March 15,2013. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 2°" Day of October , 2012 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mah C m Ho c. 1 :: A, ZJP I • • ry LOAN EXTENSION AGREEMENT0 MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ? ORIGINAL AMOUNT S 336,000.00 CZ c-n ENDORSER BALANCE S 30,000.00 MEMORANDUM OF LOAN EXTENSION C) For value received,the above referenced loan is hereby extended TO September 30,2012. All other terms and conditions shall .i n remain the same. —, r'l X" The above Extension Memorandum is hereby approved and accepted this 20a Day of June , 2012 C? SOLON STATE BANK MAKERS ENDORSERS - 0 Solon State Bank Maho C :o • -. nc. r� By Kei I .Mahoney,Pres' t By A • • • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to May 15,2012. All.other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 20a Day of October , 2011 SOLON STATE BANK MAKERS ENDORSERS Solon State� /ife-Bankes Mahone C�us m nc. (/ By , Z. /, I.r i�� dfd /1•*( Keith F.Mahoney,President By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to October 15,2011. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 28" Day of March , 2011 SOLON STATE BANK MAKERS ENDORSERS • Solon State Bank M �� Ho.,=, 1,72/5.1 By �/ Keith F.Mahoney,Pres' • By • LOAN EXTENSION AGREEMENT ' MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 • ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 144,730.26 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:payments are reduced tot 1,150.00 per month beginning July 5,2010. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 8" Day of June , 2010 SOLON STATE BANK MAKERS ENDORSERS • Solon State Bank Mahoney• t.••By V,�,�2 ` /, / " •A I I //16;4 Kei . aho ,President By N • R U) — 1 ••.•••• C7-� ND r- 1 rn =tic c r = CD rJ EXHIBIT • 1111111111011111 111 11111111111111 Doc ID: 021243140009 Type: 0EN Recorded: 08/05/2008 at 10:19:58 AM Fee Amt: $47.00 Pepe 1 of 9 Johnson County Iowa Kim Painter County Recorder BK4334 Pa188-196 /sC2 State of Iowa Space Above This Line For Recording Data — Prepared By: D NEIL ERUSHA SOLON STATE BANK 126 SOUTH MARKET ST, SOLON, IA 52333-0129 (319) 624-3405 Return To: SOLON STATE BANK 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 OPEN-END REAL ESTATE MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage is01-04-2008 and the parties and their addresses are as follows: • MORTGAGOR: MAHONEY CUSTOM HOMES, INC 2809 SUNSET DRIVE N.E. SWISHER, IA 52338 Refer to the Addendum which is attached and incorporated herein for additional Mortgagors. The Addendum is located on LENDER: SOLON STATE BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 2. MORTGAGE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (hereafter defined), Mortgagor grants, bargains, warrants, conveys and mortgages to Lender the following described property: (If the legal description of the property is not on page one of this Mortgage,it is located on LOT 102, FOX RIDGE-PART FOUR TO SOLON, IOWA, ACCORDING TO-.THE PLT THEREOF RECORDED IN BOOK 49, PAGE 294, PLAT RECORDS OF JO1-IWNu) COUNTY, IOWA IOWA-AGRICULTURAL/COMMERCIAL REAL ESTATE SECURITY INSTRUMENT Y.l 6:21ge (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) Ex751,40 ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24J20B c. ' o ry , y The property is located in JOHNSON at 356A AND 356B (County) WINDFLOWER LANE . , SOLON , Iowa 52333 (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. NOTICE: THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $ 900,000.00 LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Mortgage at any one time shall not exceed the amount stated above. This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Mortgage and does not apply to advances (or interest accrued on such advances) made under the terms of this Mortgage to protect Lender's security and to perform any of the covenants contained in this Mortgage. Future advances are contemplated and, along with other future obligations, are secured by this Mortgage even though all or part may not yet be advanced. Nothing in this Mortgage, however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate writing. 4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: A. The promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all extensions, renewals, modifications or substitutions (Evidence of Debt) (e.g., borrower's name, note amount, interest rate, maturity date): PROMISSORY NOTE OF EVEN DATE HEREWITH TOGETHER WITH ANY AND ALL FUTURE ADVANCES B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage is specifically referred to in the evidence of debt and whether or not such future advances or obligations are incurred for any purpose that was related or unrelated to the purpose of the Evidence of Debt. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Mortgage, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of Debt. E. Mortgagor's performance under the terms of any instrument evidencing a debt by Mortgagor to Lender and any Mortgage securing, guarantying, or otherwise relating to the debt. If more than one person signs this Mortgage as Mortgagor, each Mortgagor agrees that this Mortgage will secure all future advances and future obligations described above that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. This Mortgage will not secure any other debt if Lender fails, with respect to such other debt, to make any required disclosure about this Mortgage or if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Mortgage. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, warrant, convey, sell, and mortgage the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, leas payments, ground rents, utilities, and other charges relating to the Property when due. Lender may/ "11 require Mortgagor to provide to Lender copies of all notices that such amounts are due and thQ dermeme (pageof9Kj ® 1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005:1i 1 rn C a..fit.. cj O t'J receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Mortgage. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses which Mortgagor may have against parties who supply labor or materials to improve or maintain the Property. 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property and that may have priority over this Mortgage, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Lender consents in writing. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these on the Property. However, if the Property includes Mortgagor's residence, this section shall he subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Mortgage is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if (1) a beneficial interest in Mortgagor is sold or transferred; (21 there is a change in either the identity or number of members of a partnership or similar entity; or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Mortgage. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall be continuing as long as the Secured Debt remains outstanding: A. Mortgagor is an entity which is duly organized and validly existing in the Mortgagor's state of incorporation (or organization). Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Mortgage by Mortgagor and the obligation evidenced by the Evidence of Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than disclosed in writing Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied, 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will give Lender prompt notice of any loss or damage to the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Lender's prior written consent. Mortgagor will notify Lender of ail demands, proceedings, claims, and actions against Mortgagor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Mortgagor will comply with all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Mortgagor also agrees that the nature of the occupancy and use will not change without Lender's prior written consent. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Mortgage. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any of Mortgagor's duties unclAg this Mortgage, or any other mortgage, deed of trust, security agreement or other lien document t has priority over this Mortgage, Lender may, without notice, perform the duties or causethen , o be,,,,_ performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's nar!t _ r pay( any 1 I a get3 c7 of 9) 4,E.., ® 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24741 =gym =- m a }' o fJ amount necessary for performance. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's security interest in the Property. This may include completing the construction. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Mortgage. Any amounts paid by Lender for insuring, preserving or otherwise protecting the Property and Lender's security interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in effect from time to time according to the terms of the Evidence of Debt. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, warrants, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or replacements (Leases). • B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. This Security Instrument will rerrain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws,or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Mortgage, any prior mortgage or any construction loan agreement, security agreement or any other document evidencing, guarantying, securing or otherwise relating to the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person ttr_'entity obligated on the Secured Debt; --r D. The death, dissolution, or insolvency of, appointment of a receiver for, or applie0o00 any debtor relief law to, Mortgagor or any person or entity obligated on the Secured;>;}eli(t; ..,p .am.. `frpage0 of 9)`�-�y ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24 MB O r.) E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Mortgage in a manner provided by law if this Mortgagor is in default. Upon a default by the Mortgagor, the Lender may take possession of the Property itself or through a court appointed receiver, without regard to the solvency or insolvency of the Mortgagor, the value of the Property, the adequacy of the Lender's security, or the existence of any deficiency judgment, and may operate the Property and collect the rents and apply them to the costs of operating the Property and/or to the unpaid debt. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Mortgage and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether expressly set forth or not. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. REDEMPTION. Mortgagor agrees that in the event of foreclosure of this Mortgage, at the sole discretion of Lender, Lender may elect to reduce or extend the period of redemption for the sale of the Property to a period of time as may then be authorized under the circumstances and under any section of Iowa Code Chapter 628, or any other Iowa Code section, now in effect or as may be in effect at the time of foreclosure. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Mortgage. Mortgagor will also pay on demand all of Lender's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Lender in respect to the Property. Mortgagor agrees to pay all costs and expenses incurred by Lender in enforcing or protecting Lender's rights and remedies under this Mortgage, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the.Secured Debt is fully and finally paid, Lender agrees to release this Mortgage and Mortgagor agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate frorrFa nearby property; or (2) there is a violation of any Environmental Law concerning the.Property.-_.r In such an event, Mortgagor will take all necessary remedial action in accorda'[t ia-jvitl' " 1 Environmental Law. C.) ISO (pa -ef 91� ®1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 <r'' iii ;t> O tU D. Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right,.but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (21 at Lender's discretion, Lender may release this Mortgage and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Mortgage without prejudice to any of Lender's rights under this Mortgage. L. Notwithstanding any of the language contained in this Mortgage to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Mortgage regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Mortgagor will give Lender prompt notice of any action, real or threatened, by private or public entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Mortgagor further agrees to notify Lender of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Mortgage. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document, 22. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the improvements now existing or hereafter built on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld, If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Mortgage. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "lender loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor sh ive immediate notice to the insurance carrier and Lender. Lender may make proc)f-bf loss t not made immediately by Mortgagor. 9e f 9) Ex • ® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/200 r -in ,x) - r*t � CD r'V Unless Lender and Mortgagor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to Mortgagor. If Mortgagor abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Mortgagor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem necessary. Mortgagor warrants that all financial statements and information Mortgagor provides to Lender are, or will be, accurate, correct, and complete. Mortgagor agrees to sign, deliver, and file as Lender may reasonably request any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Mortgage and Lender's lien status on the Property. If Mortgagor fails to do so, Lender may sign, deliver, and file such documents or certificates in Mortgagor's name and Mortgagor hereby irrevocably appoints Lender or Lender's agent as attorney in fact to do the things necessary to comply with this section. 25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Mortgage are joint and individual. If Mortgagor signs this Mortgage but does not sign the Evidence of Debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. Mortgagor agrees that Lender and any party to this Mortgage may extend, modify or make any change in the terms of this Mortgage or the Evidence of Debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Mortgage. The duties and benefits of this Mortgage shall bind and benefit the successors and assigns of Mortgagor and Lender. If this Mortgage secures a guaranty between Lender and Mortgagor and does not directly secure the obligation which is guarantied, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action laws. 26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Mortgage is governed by the laws of the juriscfiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Mortgage is complete and fully integrated. This Mortgage may not be amended or modified by oral agreement. Any section or clause in this Mortgage, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or clause of this Mortgage cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Mortgage. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Mortgage are for convenience only and are not to be used to interpret or define the terms of this Mortgage. Time is of the essence in this Mortgage. 27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Mortgage, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 28. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rights relating to reinstatement, the marshalling of liens and assets, all rights of dower and distributive share and all homestead exemption rights relating to the Property. 29. U.C.C. PROVISIONS, If checked, the following are applicable to, but do not limit, this Mortgage: $ Construction Loan. This Mortgage secures an obligation incurred for the construction of an improvement on the Property. CI Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. F (page.Z of 9) ® 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/221;ff ti --f C7-C N —!C7 to rm rte'. N.) • ❑ Crops: Timber; Minerals; Rents, Issues and Profits. Mortgagor grants to Lender a security interest in all crops, timber and minerals located on the Property as well as all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"). O Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property. This security interest includes all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property. The term "personal property specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. O Filing As Financing Statement. Mortgagor agrees and acknowledges that this Mortgage also suffices as a financing statement and as such, may be filed of record as a financing statement for purposes of Article 9 of the Uniform Commercial Code. A carbon, photographic, image or other reproduction of this Mortgage is sufficient as a financing statement. 30. OTHER TERMS. If checked, the following are applicable to this Mortgage: • Purchase Money Mortgage. This is a purchase money mortgage as defined by Iowa law. ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Mortgage will remain in effect until released. ❑ Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or entity allowed to own agricultural land as specified by law. ❑ Separate Assignment. The Mortgagor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instrument's "Assignment of Leases and Rents"section. ❑ Additional Terms. SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Mortgage and in any attachments. Mortgagor also acknowledges receipt of a copy of this Mortgage on the date stated above on Page 1. Cl Actual authority was granted to the parties signing below by resolution signed and dated Entity Name:MAHONEY CUSTOM HOMES, INC (Signature K .TH F. HONEY, P St15ENT (Date) (Signature) (Date) (Signature) (Date) (Signature) (Data C.D �-J rrI .1r1 �..,. pi r - 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/200k r" �^�7 p r' o ry i. ACKNOWLEDGMENT: STATE OF , COUNTY OF } ss. (Individual) On this dayof before me, a Notary Public in the state of Iowa, personally appeared to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. My commission expires: (Notary Public) STATE OF WA , COUNTY OF '\ .,.,AI }ss. (Business On this �h day of _.. . _ �, ,0 before me, a Notary Public in the or Entity state of Iowa, personally app-are. , IT■ F e.�G i• Acknowl- edgment) to me personally known, who being by me duly sworn or affirmed did say that that person is PRESIDENT of said entity, that (the seal affixed to said instrument is the seal of said entity or no seal has been procured by said entity) and that said instrument was signed and sealed, if applicable, on behalf of the said entity by authority of its board of directors/partners/members and the said PRESIDENT acknowledged the execution of said instrument to be the voluntary act and deed of said entity by it voluntarily executed. My commission expires: +4-.Da-)0 4\ c - �.Nl .,_u.,tSL . L----C(4,5:. (Nota Pu c) STEP Number 7211056 1 p M'yt 1s81°- ow (In the following statement "I" means the Mortgagor.) 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 contract, I voluntarily give up my rights to this protection for this property with respect to claims based upon this contract. ru (Signature) C) ---ii Date) .,-.a.-:C1 fi "T1 4.7.>......, -111 �...,. (Signature) C)< (Dater. --I C) pagea9 o411 f ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/Ob5 1 0 _, CJ SOLON STATE BANK i EXHIBIT Sb/ 01 00 00200 126 SOUTH MARKET SOLON IA 52333 G PHONE:319-624-3405 MAHONEY CUSTOM HOMES KEITH F MAHONEY 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 05/09/17 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT OAN NUMBER: 4010062141 RIGINAL NOTE DATE: 10/03/08 PAYMENT DUE DATE: 04/10/17 RIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 1, 100.00 INAL PAYMENT DATE: 05/29/17 COLLATERAL CODE: 20 DU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A IGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU D SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. DUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . )RRECTION OF DEFAULT: SFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF 7U DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE JR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE 3IS ONE. YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON 2OMPTLY. )R HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287. )LON STATE BANK qCJ f, L7 -131 C') r" C") P1 -574 CD C, Rj SOLON STATE BANK EXHIBIT 126 SOUTH MARKET SOLON IA 52333 PHONE:319-624-3405 '�� //11 MAHONEY CUSTOM HOMES 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 10/14/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT JOAN NUMBER: 4020064195 )RIGINAL NOTE DATE: 03/28/11 PAYMENT DUE DATE: 09/15/16 )RIGINAL NOTE AMOUNT: .00 TOTAL AMOUNT DUE: 2,950. 00 'INAL PAYMENT DATE: 11/03/16 COLLATERAL CODE: 20 OU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A TIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU 10 SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . ORRECTION OF DEFAULT: EFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF OU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE UR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE HIS ONE. F YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON ROMPTLY. OR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287. DLON STATE BANK N co 0 C/7 71 .. n ;<�- �. m m = C, ro 867 01 00 00200 SOLON STATE BANK EXHIBIT 126 SOUTH MARKET # SOLON IA 52333 I PHONE:319-624-3405 ()7 MAHONEY CUSTOM HOMES 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 10/14/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT JOAN NUMBER: 4020065464 )RIGINAL NOTE DATE: 11/15/12 PAYMENT DUE DATE: 09/15/16 )RIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 450. 00 INAL PAYMENT DATE: 11/03/16 COLLATERAL CODE: 20 'OU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A TIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU )O SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. 'OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . 'ORRECTION OF DEFAULT: tEFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF OU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE 'UR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE 'HIS ONE. F YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON ROMPTLY. OR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . OLON STATE BANK N CD = m >-4 ..,.� C7-E N r rn p y • bb / VI UV UUGUU SOLON STATE BANK EXHIBIT 126 SOUTH MARKET SOLON IA 52333 PHONE:319-624-3405 MAHONEY CUSTOM HOMES KEITH F MAHONEY 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 03/10/17 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT LOAN NUMBER: 4020066274 ORIGINAL NOTE DATE: 12/24/13 PAYMENT DUE DATE: 02/10/17 ORIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 920 .00 FINAL PAYMENT DATE: 03/30/17 COLLATERAL CODE: 20 YOU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A RIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU DO SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. YOUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . CORRECTION OF DEFAULT: BEFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF YOU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE OUR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT YEAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE THIS ONE. IF YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON PROMPTLY. FOR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . SOLON STATE BANK Q CD r) 141 -17 D-4 r. =c-) to 7( m rn o No) . EXHIBIT ao / vi uu uu2UU SOLON STATE BANK 126 SOUTH MARKET SOLON IA 52333 0-1/I J PHONE:319-624-3405 MAHONEY CUSTOM HOMES KEITH F MAHONEY 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 09/13/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT LOAN NUMBER: 4260061947 DRIGINAL NOTE DATE: 07/31/08 PAYMENT DUE DATE: 08/15/16 DRIGINAL NOTE AMOUNT: 336,000. 00 TOTAL AMOUNT DUE: 210. 00 FINAL PAYMENT DATE: 10/03/16 COLLATERAL CODE: 20 ?OU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A LIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU )O SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. (OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . '.ORRECTION OF DEFAULT: 3EFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF LOU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE )UR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT 'EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE .'HIS ONE. :F YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON PROMPTLY. 'OR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287. ;OLON STATE BANK 2t C J *ICI A D'—4 —O �.. ro �. il rn t 6 3 Q 0 Nb EXHIBIT Pugh425E OAKDALE BOULEVARD SUITE 201 CORALVILLE, IOWA 52241 Pra h m PHONE 2028 v�C FAX 319-351-111102 ATTORNEYS & COUNSELORS PUGHHAGAN.COM August 22,2017 Mahoney Custom Homes,Inc. Attn:Keith Mahoney 1384 Lakewoods Dr NE Swisher,IA 52338 Mahoney Custom Homes,Inc. Attn:Keith Mahoney 356 Windflower Lane#D Solon,IA 52333 DEMAND FOR PAYMENT Loan Numbers: 401-0062141;402-0064195;402-0065464;402-0066274;426- 0061947 Property addresses/legal: 356 Windflower Lane Units D-G,Solon,Iowa;and Lot 102 Fox Ridge Part Four to Solon,Iowa according to the plat thereof recorded in Book 49,Page 294,Plat Records of Johnson County,Iowa Current creditor/servicer name: Solon State Bank Current creditor/servicer address: 126 South Market Street,PO Box 129,Solon,IA 52333 Mortgage dated: January 4,2008 Accelerated Balance: $606,471.18 Dear Mr.Mahoney: Solon State Bank as the owner and holder of your mortgage loans,and in accordance with the above-referenced Mortgage and applicable state laws, hereby provides you with a formal notice that your balance has been accelerated.Below is a summary of your accelerated balance: Principal $595,668.29 Interest(thru 08/16/2017) $ 10,792.89 Late charges $ 155.00 ACCELERATED BALANCE $606,471.18 You must pay the accelerated balance within 14 days of the date of this letter or your properties that are collateral for the Notes may then be scheduled for foreclosure in accordance with the terms of the Mortgage gd applicable state laws. If you have not cured the default by September 5, 2017,additional amountsitay beSmme due and payable under your Note and Mortgage. to -13 (002165781 C3 NO 4 . 1- 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 ble Iowa Mortgage Help offers 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 a 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. O — Iowa Mortgage Help ? r i 1-877-622-4866 www.lowaMortgageHelp.com rn -C'� This notice Is being provided as required by Iowa Code section 654.48(2) It E-FILED 2017 SEP 12 4:45 PM JOHNSON - CLERK OF DISTRICT COURT FIL ED IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY 1Q[1SEP !4 Anti. 2F SOLON STATE BANK, Plaintiff, ) No. EQCV J ' CI y:_ R � ) vs. ) ) ORIGINAL NOTICE MAHONEY CUSTOM HOMES,INC., ) OEHL PLUMBING&HEATING,INC.,CITY ) OF IOWA CITY,IOWA, AND PARTIES IN ) POSSESSION, ) ) Defendants. ) TO THE ABOVE-NAMED DEFENDANT: City of Iowa City,Iowa 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)is attached to this notice. The name and address of Petitioner's attorney is Ryan J.Prahm,425 E.Oakdale Blvd,Suite 201,Coralville, IA 52241.The attorney's phone number is(319)351-2028 and facsimile number is(319)351-1102. You are further notified that(A)you must file an Answer or a Motion with the Clerk of the Court in the above county within 30 days after you receive this Original Notice. If you do not file an Answer or Motion within 30 days after receiving this Original Notice, the court may enter a judgment against you giving Plaintiff what they asked for in the Petition. (B)For help in this case,and for forms that you must use if you choose to represent yourself without an attorney, visit the Iowa Judicial Branch website at http://www.iowacourts.gov/ and click on "Court Rules and Forms"or on"For the Public." (C)This case has been filed in a county that utilizes electronic filing. You must register to eFile through the Iowa Judicial Branch website at https://www.iowacourts.state.ia.us/Efile and obtain a log in and password for filing and viewing documents in your case and for receiving service and notices from the court. For general rules and information on electronic filing,refer to Iowa Court Rules Chapter 16 Pertaining to the Use of the Electronic Document Management System available on the Iowa Judicial Branch website. For court rules on the Protection of Personal Privacy in court filings,refer to Division VI of the Iowa Court Rules Chapter 16. If you are unable to proceed electronically, you must receive permission from the court to file in paper. Contact the clerk of court in the county where the petition has been filed for more information on being excused from electronic filing. (E) If you electronically file your Answer or Motion, it will be served automatically on Plaintiff or on Plaintiff's attorney(s).A Notice of Electronic Filing(NEF)will tell you if the court has excused Plaintiff from electronic filing. If the court has excused Plaintiff from electronic filing,you must mail a copy of your Answer or Motion to Plaintiff If you need assistance to participate in court due to a disability, call the disability coordinator at (319)398-3920. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. CLERK OF COURT Johnson County Courthouse, Important: You are advised to seek legal advice to protect your interests. t dl �}"f pct�nC ) {00218182} STATE OF IOWA JUDICIARY Case No EQCV079304F IL ED County Johnson 2011 SEP 14 AM 11: 26 Case Title SOLON STATE BANK VS MAHONEY CUSTOM HOMES, INC. CITY CLERK THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. IOWA CITY. IOWA Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16 http://www.iowacourts state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 09/13/2017 08:16:58 AM le . 4r.42.,': do: 4111, t 4N tik.'',', . 140 44 District Clerk of Johnson County Isl Wendy Lonngren E-FILED 2017 SEP 12 4:45 PM JOHNSON -CLERK OF DISTRICT COURT FILED IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY 21 SOLON STATE BANK, ) 2MS�P t 4 �� ": ) CITY CLERK Plaintiff, ) Case No. IOWA CITY, ID' t1 vs. ) ) PETITION FOR FORECLOSURE MAHONEY CUSTOM HOMES,INC., ) OEHL PLUMBING&HEATING,INC.,CITY OF) IOWA CITY,IOWA, 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 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 DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO- FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. COMES NOW, Plaintiff Solon State Bank by its undersigned attorney, Ryan J. Prahm of Pugh Hagan Prahm PLC,hereby files its Petition for Foreclosure,and states the following cause of action against Defendants: (00217709} 1 E-FILED 2017 SEP 12 4:45 PM JOHNSON -CLERK OF DISTRICT COURT FILED 1. Plaintiff Solon State Bank is an Iowa state-chartered bank with offices in Iowa,engaged in mortgage lending in Johnson County,Iowa. 2017 SEP 14 AM 11 2? 2. Defendant Mahoney Custom Homes, Inc., is an Iowa corporation,with t�bit.4441#1KWA Johnson County,Iowa and is the owner of the real property legally described as: LOT 102, FOX RIDGE-PART FOUR TO SOLON, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 49,PAGE 294,PLAT RECORDS OF JOHNSON COUNTY IOWA Excepting therefrom Units 356A, 356B, and 356C of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010,in Book 4585,Page 179,in the Records of the Recorder of Johnson County,Iowa,together with said unit's undivided interest in the common elements. Said Windflower Villas Condominiums Phase 2 are located on Lot 102,Fox Ridge-Part Four, Solon, Iowa, in accordance with the plat thereof recorded in Book 49,Page 294,Plat Records of Johnson County,Iowa. (the"Real Property"). 3. On October 3, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. 4010062141) to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated May 11,2009,November 10,2009,September 1,2010,September 24, 2010, May 3, 2013,May 17, 2016, and October 17, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$345,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#1"). Note#1 is attached hereto as Exhibit"A"and by this reference made a part hereof. The payoff on Note#1 as of August 16,2017,is $181,356.09. Interest accrues on the unpaid principal balance of$177,307.04 at the default interest rate of 15%,and the per diem accrual of this rate is$72.8659. 4. On March 28,2011,Defendant Mahoney Custom Homes, Inc.,executed a certain Promissory Note(Note No.4020064195)to Solon State Bank.Said Promissory Note was extended via Loan Extension Agreements dated September 28,2011,June 20,2012,October 2,2012,June 12,2013 and June 10,2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$335,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter (00217709} 2 E-FILED 2017 SEP 12 4:45 PM JOHNSON - CLERK OF DISTRICT COURT FILED referred to as "Note #2"). Note #2 is attached hereto as Exhibit"B" and by this reference made a part hereof. The payoff on Note #2 as of August 16, 2017, is $329,522.62. Intere21)11741 thAbrI1 ig principal balance of$324,287.58 at the default interest rate of 15%,and the per diem&M ` '; f IOWA C� $133.2688. 5. On November 15, 2013, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. 4020065464) to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated June 12, 2013,and June 10,2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$33,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as "Note #3"). Note #3 is attached hereto as Exhibit"C"and by this reference made a part hereof.The payoff on Note#3 as of August 16,2017,is$31,362.33.Interest accrues on the unpaid principal balance of$30,846.79 at the default interest rate of 15%,and the per diem accrual of this rate is$12.6767. 6. On December 24, 2013, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. 4020066274) to Solon State Bank. Said Promissory Note was extended via a Loan Extension Agreement dated December 29, 2016. Said Promissory Note and the Loan Extension Agreement related thereto,secure a loan in an original amount of$45,000.00(collectively Promissory Note and Loan Extension Agreement are hereinafter referred to as "Note #4"). Note #4 is attached hereto as Exhibit"D" and by this reference made a part hereof. The payoff on Note #4 as of August 16, 2017, is $35,337.54. Interest accrues on the unpaid principal balance of$34,960.69 at the default interest rate of 15%,and the per diem accrual of this rate is$14.3674. 7. On July 31, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note(Note No.4260061947)to Solon State Bank.Said Promissory Note was extended via Loan Extension Agreements dated June 8,2010,March 28,2011,October 20,2011,June 20,2012,October 2,2012,June 12, 2013, and June 24, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$336,000.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#5"). Note#5 is attached hereto as Exhibit"E"and by this {00217709} 3 E-FILED 2017 SEP 12 4:45 PM JOHNSON -CLERK OF DISTRICT COURT reference made a part hereof.The payoff on Note#5 as of August 16,2017, is$29.09�.6�Interest accrues on the unpaid principal balance of$28,266.19 at the default interest rate of Ini,JaSj jh4 her Uniticall of this rate is$11.6162.Note#1,Note#2,Note#3,Note#4 and Note#5 are collectegyVetealitti herein IOWA CITY, I0 °A as the`Notes." 8. To secure the Notes Defendant Mahoney Custom Homes, Inc. executed and delivered an Open-End Real Estate Mortgage securing credit up to$900,000.00 to Solon State Bank on January 7,2008 (the"Mortgage"). The Mortgage is a lien against the Real Property. The Mortgage was filed for record in the office of the Recorder of Johnson County, Iowa, on August 5, 2008, in Book 4334, Page 188, of the records of that office.A copy of the Mortgage is attached hereto as Exhibit"F",and by this reference made a part hereof. 9. Defendant Mahoney Custom Homes, Inc. is in default of its obligations under the Notes and the Mortgage. Specifically,Defendant has failed to make payments required under the Notes. 10. Solon State Bank has elected,pursuant to the terms of the Notes to accelerate the time of payment of such Notes and has therefore declared the entire indebtedness immediately due and payable under the Notes. 11. On May 9, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc., a Notice of Right to Cure Default for Note#1,a copy of which is attached hereto as Exhibit"G"and by this reference made a part hereof. 12. On October 14, 2016, Solon State Bank gave Defendant Mahoney Custom Homes, Inc., Notices of Right to Cure Default for Note#2 and Note#3,a copies of which are attached hereto as Exhibit "H"and Exhibit"I"and by this reference made a part hereof. 13. On March 10,2017,Solon State Bank gave Defendant Mahoney Custom Homes,Inc.,a Notice of Right to Cure Default for Note#4,a copy of which is attached hereto as Exhibit"J"and by this reference made a part hereof. {00217709} 4 E-FILED 2017 SEP 12 4:45 PM JOHNSON -CLERK OF DISTRICT COURT 14. On September 13, 2016, Solon State Bank gave Defendant Mahoney EtJff'} 1QIflC., a Notice of Right to Cure Default for Note#5,a copy of which is attached heret20411 >pbt tix.104 pty h'7s reference made a part hereof. CITY CLERK IOWA CITY, IOWA 15. On August 21, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc. a Fourteen Day Notice of Acceleration along with an Iowa Mortgage Mediation Notice for the Notes,copies of which are attached hereto as Exhibit"L"and by this reference made a part hereof. 16. Defendant Oehl Plumbing&Heating, Inc., is joined as a party to this action as a result of a mechanic's lien filed (#010776), certified on September 21, 2016, filed September 21, 2016. Oehl Plumbing&Heating,Inc.'s rights to the Real Property are junior to Solon State Bank. 17. Defendant City of Iowa City, Iowa, a municipal corporation is joined as a party to this action as a result of a Judgment entered in Case No.ICCISC090678 against Mahoney Custom Homes,Inc. on May 15, 2017, in the amount of$500.00, plus court costs. Defendant City of Iowa City, Iowa, a municipal corporation's rights to the Real Property which are subject to this action,are junior to Solon State Bank. 18. Defendant Parties in Possession are those individuals made a party to this action because they may claim some right,title or interest in the Real Property which is subject to this action by occupying or leasing space at the Real Property. Defendant Parties in Possession's rights to the Real Property which is subject to this action are junior to Solon State Bank. 19. The above-referenced Defendants are collectively referred to as the"Defendants." 20. The indebtedness due and payable under Note#1 and secured by the Mortgage consists of: (a) an unpaid principal balance in the amount of$177,307.04;and (b) interest as provided in Note #1 through August 16, 2017, in the amount of $4,049.05, with interest continuing to accrue from August 16, 2017, at the daily rate of$72.8659. 21. The indebtedness due and payable under Note#2 and secured by the Mortgage consists of: (a) an unpaid principal balance in the amount of$324,287.58;and {00217709} 5 E-FILED 2017 SEP 12 4:45 PM JOHNSON - CLERK OF DISTRICT COURT (b) interest as provided in Note #2 through August16, L in —e amount of $5,235.04 with interest continuing to accrue an m44160117; aihe daily rate of$133.2688. CITY CLER { #O�IA CITY, IOWA 22. The indebtedness due and payable under Note#3 and secure by the Mortgage consists of: (a) an unpaid principal balance in the amount of$30,846.79;and (b) interest as provided in Note#3 through August 16,2017,in the amount of$515.54, with interest continuing to accrue from August 16, 2017, at the daily rate of $12.6767. 23. The indebtedness due and payable under Note#4 and secured by the Mortgage consists of: (c) an unpaid principal balance in the amount of$34,960.69; (d) interest as provided in Note#4 through August 16,2017,in the amount of$376.85, with interest continuing to accrue from August 16, 2017, at the daily rate of $14.3674;and (e) Late Fees in the amount of$145.00. 24. The indebtedness due and payable under Note#5 and secured by the Mortgage consists of: (f) an unpaid principal balance in the amount of$28,266.19; (g) interest as provided in Note#5 through August 16,2017,in the amount of$616.41, with interest continuing to accrue from August 16, 2017, at the daily rate of $1 1.6162; (h) Late Fees in the amount of$10.00;and (i) Title fees in the amount of$200.00. 25. The Notes and the Mortgage allow Solon State Bank to collect attorneys' fees according to the terms and obligations owed under the note and the Mortgage. Solon State Bank's attorneys will file their Affidavit Re: Compensation separately. Solon State Bank asks for such attorneys' fees as may be approved by this Court. {00217709} 6 E-FILED 2017 SEP 12 4:45 PM JOHNSON - CLERK OF DISTRICT COURT 26. The Notes and the Mortgage permit Solon State Bank to collect costs incurred in enforcing and protecting the Notes and the Mortgage. Solon State Bank has expended $200.00 in title fees, and anticipates expending additional monies to protect its interest in the Real Property. Solon State Bank is entitled to reimbursement for all advancements for abstracting expenses,property taxes,hazard insurance, attorney fees,and other protective advances,if any,made by Solon State Bank to protect the Real Property and/or improvements thereto. Any and all advancements made by Solon State Bank should be included as part of the in rem judgment. 27. Solon State Bank elects foreclosure without redemption and waives any right to a deficiency judgment. 28. Solon State Bank is the owner and holder of the Notes and the Mortgage. Solon State Bank has demanded payment and payment has been refused. 29. The Real Property is not:a)agricultural land as defined in Iowa Code§ 9H;b)agricultural property as defined in Iowa Code § 654A.1; c)used for an agricultural purpose as defined in Iowa Code § 535.13;or d)used for farming as defined in Iowa Code§ 175.2. 30. All Defendants named in this action have or claim to have some lien upon or interest in the Real Property. The interests or rights of all Defendants in and to the Real Property are subordinate and junior to Solon State Bank's Mortgage and as such are all subject to extinguishment by foreclosure. WHEREFORE,Solon State Bank prays: (a) For judgment in rem against the Real Property with this judgment being in the amount of $606,671.18 together with interest at the rate of$244.7950 per day from August 16, 2017,plus all taxes, insurance,attorneys' fees,court costs, abstracting charges, Sheriff's fees, advances made on behalf of the Defendants,costs and accruing costs,and that said sum be declared a first lien upon the Real Property from the date of the Mortgage,prior to and superior to any right,title,lien or interest of the Defendats (b) That the Mortgage be foreclosed for the full amount of said judgmentres�d =t n r- M �rn � C7 {00217709} 7 N E-FILED 2017 SEP 12 4:45 PM JOHNSON -CLERK OF DISTRICT COURT (c) That upon application by Plaintiff, a receiver be appointed to take charge of the Real Property and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of Plaintiff's judgment. (d) That any right,title,lien or interest of the Defendants in the Real Property be decreed junior and inferior to the lien of the Mortgage. (e) That in the event the Defendants file a demand for delay of sale herein,the execution sale be delayed for a period of not more than two months from the entry of judgment,in the even the mortgaged Real Property is not his/her residence, and for a period of not more than six months from the entry of judgment in the even the mortgaged Real Property is his/her residence, and hereby waives any right to deficiency judgment against Defendants which might arise out of this proceeding. (f) That a special execution issue from the Court to the Johnson County Sheriff, promptly upon entry of judgment directing the sale of the Real Property or so much thereof as may be necessary to satisfy said judgments, including interest, attorneys' fees, abstracting charges, and accruing costs and advances made by Solon State Bank to safeguard its mortgage lien encumbering the Real Property,and that at the time of Sheriff's sale,a Sheriff's Deed be issued to the purchaser of the Real Property,free and clear of any right,title,lien or interest of the Defendants. (g) That upon application of Plaintiff a receiver be appointed to collect any rents and profits from the Real Property during the pendency of this foreclosure proceeding through the date a Sheriff's Deed is issued. (h) That the Court recite in the Decree of Foreclosure that no third persons may obtain an interest in and to the Real Property after this action has been indexed by the Clerk of Court pursuant to ry Iowa Code§617.11. CIS =.� (i) That the Court order that if the purchaser at the Sheriff's sale of the RRl£Etateghouldd denied possession of the Real Estate by any of the Defendants,after obtaining a Sherif peed then a 3^. i �vr��lti rn z issue from the Clerk on the filing of a praecipe and request for the issuance of the writ dl ig tticJohnED D County Sheriff to put the purchaser at Sheriffs sale in possession of the Real Estate. {00217709} 8 E-FILED 2017 SEP 12 4:45 PM JOHNSON -CLERK OF DISTRICT COURT (j) For such other and further relief as the Court may find Solon State Bank entitled to and as may be just and equitable in the premises. Respectfully Submitted, PUGH HAGAN PRAHM PLC By:/s/Ryan J.Prahm RYAN J. PRAHM AT0010114 425 E.Oakdale Blvd, Suite 201 Coralville,IA 52241 PHONE: (319)351-2028 FAX: (319)351-1102 Email: rprahm@pughhagan.com ATTORNEYS FOR PLAINTIFF , C? �? rn m f-n G70 a is.) {00217709} 9 EXHIBIT MA4(ONEY CUSTOM HOMES,INC ' ,LON STATE BANK 2809 SUNSET DRIVE N.E. 126 SOUTH MARKET ST Loan Number cAoCl(rca\'4- SWISHER,IA 52338 P.O.BOX 129 Date 1(1.03.70(1R SOLON,IA 52333-0129 Maturity Date D4-15.7009 Loan Amount$345,500 OO Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 20-3585619 'I'includes each borrower above,jointly and severally. 'You'means the lender,its successors and assigns. For value received, I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of THRFF HUNDRFD FORTY FIVF THOUSAND FIVE HIINDRFD AND N011110 Dollars$345,500 DO ❑ Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. • Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of$ and future principal advances are contemplated. Conditions:The conditions for future advances are AS NFFDFO FOR CONSTRUCTION COSTS UPON PRFSFNTATION OF INVOICFS O Open End Credit:You end I agree that I may borrow up to the maximum amount of principal more than one time. This feature Is subject to all other conditions end expires on _ ® Closed End Credit:You and I agree that I may borrow up to the maximum only one time land subject to ell other conditions). INTEREST: I agree to pay interest on the outstanding principal balance from 10-03.7008 at the rate of 7-250 % per year until 04-15.2009 ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rata:The future rate will be the following index rate: 0 No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. O Frequency and Timing:The rate on this note may change as often as t A change in the interest rate will take effect ❑ Llmitations: During the term of this loan,the applicable annual interest rate will not be more than %or less than %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. 0 The amount of the final payment will change. 0 ACCRUAL METHOD:Interest will be calculated on a ACTUAL1465 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ' 0 on the same fixed or variable rate basis in effect before maturity las indicated above). CD at a rate equal to 151E PFR ANNUM p LATE CHARGE:If a payment is made more than days after it is due,I agree to pay a late charge of ;31 ADDITIONAL CHARGES:In addition to interest,I agree to pay the following charges which ® are ❑ are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 04-15.2009. 111 Unpaid Interest: Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, and will bear interest at the interest rate in effect from time to time as provided for in this agreement. IrDDITIONAL TERMS: XI If checked, this note is a credit agreement subject to Iowa Code 1535.17 and the following notice is applicable to this note. IMPORTANT: READ BEFORE SIGNING- THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THESE 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. I� SECURITY: This note is separately secured by (describe separate PURPOSE: The purpose of this loan is DUPLEX CONSTRUCTION LOT docunyint by type and date): 102 FOX RIDGE AREAL ESTATE MORTGAGE DATED 1-04-08 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING THOSE ON PAGE 2).I have received a copy on today's date. (This section N me toy your use.Foam.to Rate sowers security document does not swan the MAHONEY C TD ESI _ _p e9rsayrwnt MI not sepia Ns nose.) /12; KE F.MAHONEY,PRESIDENT Dyrri .71 signature for Lender n NEIL ERUSHA,PRESIDENT O 4 '�7► •a N .r) INIVERSAL NOTE 91994,1991 Bankers Symms.Inc,St.Cloud,MN Form 11N-IA 3/4/2002 (page 1 of 21 DEFINITIONS: As used on page 1, "® " means the terms that apply to DEFAULT: I will be in default if any one or more of the following occur: 'thjs loan. 1," 'me" or 'my" means each Borrower who signs this note 111 I fail to make a payment on time or in the amount due; (2) I fail to I( 'and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; (3) I fail to pay, or keep any and sureties) who agrees to pay this note Itogether referred to as "us"). promise,on any debt or agreement I have with you;(4)any other creditor • "You"or"your"means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; (5)I die,am declared incompetent, make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors, or become insolvent(either because my liabilities effective, unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts as they become duel; If any provision of this agreement cannot be enforced according to its 18)I make any written statement or provide any financial information that terms, this fact will not effect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; (7) I do or fail to do agreement. No modification of this agreement may be made without your something which causes you to believe that you will have difficulty -express written consent.Time is of the essence in this agreement. collecting the amount I owe you;(81 any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION: I understand end agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; (9) I change my name or assume an additional name without will involve money retained by you or paid back to you as commissions or first notifying you before making such a change; (10) I fail to plant, other remuneration. cultivate and harvest crops in due season; (11) any loan proceeds are In addition, I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible lend or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land las defined in Iowa Code 5 172C.1)and I am and then unpaid principal. If you and I agree to a different application of in default on this note, you will give me notice of my right to cure. You payments, we will describe our agreement on this note. I may prepay a may exercise your remedies only if I fail to cure my default within 45 part o', or the entire balance of this loan without penalty, unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other than certified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment, you and I agree in writing to the exercise your remedies if you have: al given me the notice with respect contrary), to two prior defaults, b)you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural land and you accept it in full advance, each advance will start to earn interest only when I receive the satisfaction of the debt. -advance. The interest rate in effect on this note at any given time will Subject to the above limitations and any limitations imposed by Iowa apply to the entire principal advanced at that time.You and I may provide Code Chapter 854A,if I am in default on this note you have,but are not in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: -principal. Notwithstanding anything to the contrary, I do not agree to pay 111 You may demand immediate payment of all I owe you under this and you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for 121 You may set off this debt against any right I have to the payment he extension of credit that is agreed to here (either before or after of money from you,subject to the terms of the'set-off' paragraph maturity). If any notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,end if you actually collect more interest than (3)You may demand security,additional security, or additional parties allowed by law end this agreement,you agree to refund it to ma. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, 14)You may refuse to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me. loans or class of loans to me or other borrowers. 15)You may use any remedy you have under state or federal law. ACCRUAL METHOD: The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate end accrual method stated on your right to later use any other remedy. By waiving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a 'year." If no accrual event as a default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY S FEES:I agree to pay all costs of calculating interest. collection, replevin or any other or similar type of coat if I am in default. POST MATURITY RATE: For purposes of deciding when the "Post In addition,if you hire an attorney to collect this note,I also agree to pay - Maturity Rate" (shown on page 11 applies,the term"maturity" means the any fee you incur with such attorney plus court coats (except where 'date of the last scheduled payment indicated on page 1 of this note or prohibited by law). To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However, you jurisdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the "PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to (1)demand payment of amounts due(presentment); principal. (2)obtain official certification of nonpayment(protest);or MULTIPLE ADVANCE LOANS: If this is a multiple advance loan,you and I (3)give notice that amounts due have not been paid (notice of expect that you will make more than one advance of principal. If this is dishonor). ..;losed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property insurance premiums), even if someone else has also agreed to pay it(by,for example, signing then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone, or anyone else who is obligated on this note,or any number of us of the charges. together, to collect this note. You may do so without any notice that it SET-OFF:I agree that you may set off any amount due end payable under has not been paid (notice of dishonor). You may without notice release •'his note against any right I have to receive money from you. any party to this agreement without releasing any other party. If you give "Right to receive money from you'means: up any of your rights,with or without notice,it will not affect my duty to 111 any deposit account balance I have with you; pay this note. Any extension of new credit to any of us, or renewal of (2)any money owed to me on an item presented to you or in your this note by all or less than all of us will not release me from my duty to possession for collection or exchange;and pay it. (Of course, you are entitled to only one payment in full.)I agree 131 any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by "Any amount due and payable under this note" means the total this note, or any portion of the note or debt, from time to time without . amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off. This total includes any balance the due of the note. I will not assign my obligation under this agreement without date for which you properly accelerate under this note. our prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of set-off will apply to my financial statement or information you may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement. Your right of set-off does not apply to be accurate, correct and complete. an account or other obligation where my rights are only as a NOTICE: Unless otherwise required by law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by mailing it by first class mail addressed to me Account or other tax-deferred retirement account. at my last known address. My current address is on page 1. I agree to You will not be liable for the dishonor of any check when the dishonor inform you in writing of any change in my address. I will give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it first class to your address stated on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to any other address that you have designated. exercise of your right of set-off. CREDIT AGREEMENT: A 'credit agreement" under Iowa Code 1 535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract made or acquired by a lender to bag money or estate or a residence that is personal property, the existence of a default extend credit for any purpose. A 'credit agreement' does not mean a and your remedies for such a default will be determined by applicable contract to extend credit by means of a credit card,or open end credit,or law, by the terms of any separate instrument creating the security a home equity line of credit. rV interest and, to the extent not prohibited by law and not contrary to the This note is not subject to IowiPeode S 535.17 if it is a 'credit terms of the separate security instrument, by the "Default" and agreement" made primari1lyy'for a perp al, family, or household purpose 'Remedies"paragraphs herein. where the credit extendedid twenty thousand dolrs or less. DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL 10 INTERESTINTEREST TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE M PAVAN/16mo PAID )not required/ C.,"",< ....." THROUGH: a 8 a1("1% asr' a a a --<1.—% *xi. M * a a --•�j% CX * * 8 --:7.")6 C $ 8 8 % a".Vs/$ $ a _ % d — _ a it a % a _ $ 8 a % a — $ 8 $ % $ $ 8 $ % $ $ 8 8 % $ .. /page2of21 E ? a 01984,1991 Bankers Systems,Inc.,St.Claud. „am UN-IA 3/4!2002 LOAN EXTENSION AGREEMENT `, MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 282,888.84 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to November 1,2009. All other terms and conditions shall remain the same. • The above Extension Memorandum is hereby approved and accepted this 11th Day of May , 2009 SOLON STATE BANK MAKERS ENDORSERS Solon S B Mahone C o es,Inc. S • By , l-S� Keith F.Mahoney,President By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 341,226.15 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to February 15,2010. All other terms and conditions shall remain the same. • The above Extension Memorandum is hereby approved and accepted this 10th Day of November , 2009 - SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahon y C m H me c. ' - Keith F.Mahoney,Presi nt By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 •- ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE ,y$ 344,443.07 MEMORANDUM OF LOAN EXTENSION • For value received,the above referenced loan is hereby extended to September 1,2010. All other terms igiiiccimdgns shalii remain the same. •,f -ti • The above Extension Memorandum is hereby approved and accepted this 5th Day of Mardi 4,..., 2g • rT1 ..0i' - SOLON STATE BANK MAKERS ENDORSER = Solon State B Mahon C/ m • s Inc. > •- d/75 • Keith F.Mahoney, ' ident • • By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes, Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ' ENDORSER BALANCE $ 345,500.00 MEMORANDUM OF LOAN EXTENSION • For value received,the above referenced loan is hereby extended as follows:$2,360.00 due monthly beginning November 5,2010 until September 5,2013 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 24" Day of September , 2010 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahone C / o c. By , Kei i F.Mahoney,Pre '•ent • By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes, Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 339,308.93 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows: $2,240.00 due monthly beginning June 10,2013 until May 10,2016 when the balance will be due. The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 3`d Day of May , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahoney ust• . •,.es c. By .0r7 / 44-‘441/ Kei F.Mahoney, Preside By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT 345,000.00 ENDORSER BALANCE 336,991.08 • MEMORANDUM OF LOAN EXTENSION tYn N For value received, the above referenced loan is hereby extended as follows: $2,225.00 due monthly begiiiingtJud3,15,20464mtil May 15,2019 when the balance will be due.All other terms and conditions shall remain the same. < r- The above Extension Memorandum is hereby approved and accepted this 17' Day of May _ 20.1.6.1 , SOLON STATE BANK MAKERS ENDORSERS SollonState Bank Mahoney C torn Homes,Inc. -n By ei--1Z6:74 //‘1 ,/ i414.1 Keith . Mahoney, P sident By ��5 LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes, Inc. LOAN NUMBER 401-0062141 ORIGINAL AMOUNT $ 345,500.00 ENDORSER BALANCE $ 174,381.71 MEMORANDUM OF LOAN EXTENSION For value received, the above referenced loan is hereby extended as follows: $1,100.00 due monthly beginning November 10,2016 until October 10,2019 when the balance will be due. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this r' Day of October , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Maho - C : om .o i nc By r•it' F. Mahoney,P ident By *C1cfp "i'1 = C7 3> N no -1 EXHIBIT MAHONEY CUSTOM HOMES,INC SOLON STATE BANK 3705 170TH STREET NE 126 SOUTH MARKET ST Loan Number 1 -006261�g� SOLON,IA 52333 P.O.BOX 129 Datep3.9R•2f111 SOLON,IA 52333-0129 Maturity Date)R•1 i-9n11 Loan Amount 9 335.50n nn Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 20.3585619 "I"Includes each borrower above,jointly and severally. "You'means the lender,its successors and assigns. For value received, I promise to pay to you,or your order, at your address listed above the PRINCIPAL sum of THREE HUNDRED THIRTY FIVE THOUSAND FIVE HUNDRED AND NQI10O Dollars 9 335 500-00 ❑ Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. CD Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of$ and future principal advances are contemplated. Conditions:The conditions for future advances are AS NEEDED FOR FUTURE CONSTRUCTION COSTS UPON PRFSFNTATION OF INVOICES ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to all other conditions and expires on D➢ Closed End Credit:You and I agree that I may borrow up to the maximum only one time(end subject to all other conditions). INTEREST: I agree to pay interest on the outstanding principal balance from03.2R.21111 at the rate of R 9rif1 % per year until 08-15-2011 ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rata:The future rate will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations: During the term of this loan,the applicable annual interest rate will not be more than %or less than %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: 0 The amount of each scheduled payment will change. ❑ The amount of the final payment will change. • •ACCRUAL METHOD:Interest will be calculated on a ACTUAL!365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ❑ on the same fixed or variable rate basis in effect before maturity las indicated above). ® at a rate equal to 15%PER ANNUM ❑ LATE CHARGE:If a payment is made more than days after it is due,I agree to pay a late charge of GI ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which IXI are ❑ are not included in the principal amount above: PAYMENTS: I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 08-15-2011. • • IN Unpaid Interest: Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, end will bear interest at the interest rate in effect from time to time as provided for in this agreement. ADDITIONAL TERMS: CD r..r r).s -u If checked,this note is a-credit agreement subject to Iowa Code 5 535.17 and the following notices )ppslpabie t this nr- IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHO.8E FirAD CRREFULLY BECAUSE ONLY THESE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS 0IftAL PROMISE T CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MA' pHANga TH MS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. . _ SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose alto ban is4UPLEX CONDO CONSTRUCTION document by type end date): + :v A REAL ESTATE MORTGAGE DATED 1-4-08 SIGNATURES: I AGREE TO THE TERM OF THIS NOTE (INCLUDING THOSE ON PAGE 2).,have receiv copy on today's date. MAHONEY j T a/ /QM�,1 rills section paalinement section for your Internal um.Failure to Sat a serst%security document does not mean the alinement vela not secure Ws note.) ( ice/ KEITH F.MAHONEY,PRESIDEN Signature for Lender D,IVEIL ERUSHA,PRESIDENT UNIVERSAL�� NOTE r--^r-pi• 01984,1991 Banksrs Systems.Inc..St.Cloud,MN Form UN-IA 314/2002 V02010.5.4 (pap, r of 2) �._, .....� ., r,,,yetis ,, toi means the terms tnat apply to DEFAULT: I will be in default if any one or more of the following occur: this loan. 'I," "me" or 'my' means each Borrower who signs this note 111 I fail to make a payment on time or in the amount due; 121 I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; 131 I fail to pay, or keepan and sureties) who agrees to pay this note(together referred to as "us"). promise, on any debt or agreement I have with you;(4)any othr crditor "You"or'your"means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; (5)I die,em declared incompetent, make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors, or become insolvent(either because my liabilities effective, unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts as they become due); If any provision of this agreement cannot be enforced according to its (8)I make any written statement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; 17)I do or fail to do agreement. No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; (81 any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION: I understand end agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; (91 I change my name or assume an additional name without will involve money retained by you or paid beck to you as commissions or first notifying you before making such a change; 1101 I fail to plant, other remuneration. cultivate and harvest crops in due season; 1111 any loan proceeds are In addition, I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land(as defined in Iowa Code ! 172C.1)and I am and then unpaid principal. If you and I agree to a different application of in default on this note, you will give me notice of my right to cure. You payments, we will describe our agreement on this note. I may prepay a may exercise your remedies only if I fail to cure my default within 45 part of, or the entire balance of this loan without penalty, unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary.on this note. Any partial prepayment will not a means other than certified moil). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment, you and I agree in writing to the exercise your remedies if you have: a) given me the notice with respect contrary). to two prior defaults, b)you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural land and you accept it in full advance, each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate in affect on this note at any given time will Subject to the above limitations and any limitations imposed by Iowa apply to the entirerincipal advanced at that time.You and I may provide Code Chapter 854A, if I am in default on this note you have, but are not '•in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: . principal. Notwithstanding anything to the contrary, I do not agree to pay (1)You may demand immediate payment of all I owe you under this and you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for (2)You may set off this debt against any right I have to the payment the extension of credit that is agreed to here (either before or after of money from you,subject to the terms of the"set-off" paragraph maturity). If any notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,and if you actually collect more interest than 131 You may demand security, additional security, or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, 141 You may refuse to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me, loans or class of loans to me or other borrowers. (51 You may use any remedy you have under state or federal law. 'ACCRUAL METHOD: The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy. By waiving your right to declare 'psge 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a 'year." If no accrual event as a default if it continues or happens again. is method stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY S FEES:I agree to pay all coats of ='alculatin interest. collection, replevin or any other or similar type of cost if I am in default. r�,'OST MATURITY RATE: For purposes of deciding when the "Post In addition,if you hire an attorney to collect this note,I also agree to pay Maturity Rete" (shown on page 1)applies,the term"maturity" means the any fee you incur with such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law(. To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However, youurisdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things. I will not described in the "PAYMENTS BY LENDER' paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to 111 demand payment of amounts due Ipresentmentl; principal. 121 obtain official certification of nonpayment(protest);or MULTIPLE ADVANCE LOANS:If this is a multiple advance loan,you and I (31 give notice that amounts due have not been paid (notice of expect that you will make more than one advance of principal. If this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property insurance premiums), even if someone else has also agreed to pay it(by,for example, signing then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me 'unpaid principal under this note, or you may demand immediate payment alone,or anyone else who is obligated on this note,or any number of us of the charges. together, to collect this note. You may do so without any notice that it RET-OFF:I agree that you may set off any amount due and payable under hes not been paid (notice of dishonor). You may without notice release 'it;his note against any right I have to receive money from you. any party to this agreement without releasing any other party. If you give "Right to receive money from you"means: up any of your rights,with or without notice,it will not affect my duty to Ill any deposit account balance I have with you; pay this note. Any extension of new credit to any of us, or renewal of (2)any money owed to me on an item presented to you or in your this note by all or less than all of us will not release me from my duty to possession for collection or exchange;and pay it. (Of course, you are entitled to only one payment in full.) I agree (3)any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by "Any amount due and payable under this note' means the total this note, or any portion of the note or debt, from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off. This total includes any balance the due of the note. I will not assign my obligation under this agreement without date for which you property accelerate under this note. your prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of sat-off will apply to my financial statement or information you may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement. Your right of set-off does not apply to be accurate,correct and complete. s'N an account or other obligation where my rights are only as a NOTICE: Unless otherwise requiredlaw, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or tt��tTnnalling it first class mail addressed to me Account or other tax-deferred retirement account. at my last known addrelle.JMy curreypt�,,.,,gpddrees on page 1. I agree to You will not be liable for the dishonor of any check when the dishonor inform you in writing of rig �G1y addr ill give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it first-ape-4o yo ddrees st on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to any othistitfdyss the 'ou hay noted. exercise of your right of set-off. CREDIT AGREEMENT: Ae!..'cogifit agreement" un r owe Code 3 535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract ma a or cqulydd by a to loan money or estate or a residence that is personal property,the existence of a default extend credit for any pu it agr ant" does not mean a and your remedies for such a default will be determined by applicable contract to extend credit y s of a credit cygrgi open end credit,or law, by the terms of any separate instrument creating the security a home equity line of cress interest end,to the extent not prohibited by law and not contrary to the This note is not subctjmlowgT tide 5if h is a 'credit terms of the separate security instrument, by the 'Default" and agreement" made primer 11y_f peredlsel, tam • household purpose "Remedies"paragraphs herein. where the credit extended.--IW ty tleeusend d•1110.r less. _I •• DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL '!REST INTEREST INTEREST TI TRANSACON ADVANCE INITIALS PAYMENTS BALANCE RATE IU PAYMENTS PAID (not required) 70 THROUGH: $ $ $ % $ $ 8 $ % $ $ 8 8 % 8 $ $ $ % $ $ 8 8 % 8 8 8 $ % $ $ 8 8 % 8 $ 8 $ % $ $ 8 8 % 8 $ 8 $ % $ $ 8 8 % e . (pegs 2 of 2) Exi 01904.1991 Bankers Systems,Inc.,St.Cloul Form UN-IA 3/472002 LOAN EXTENSION AGREEMENT _ MAKER Mahoney Custom Homes,Inc. ;. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 319,546.21 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,100.00 due monthly beginning July 15,2016 until June 15,2019 when the balance will be due.All other terms and conditions shall remain-the same. The above Extension Memorandum is hereby approved and accepted this 10th Day of June , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mah•.-4!4ç C +•> Inc. #eith F. ent By LOAN EXTENSION AGREEMENT - MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 335,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$2,225.00 due monthly beginning August 10,2013 until June 10 2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 12th Day of June , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bankk' Mahone By G- iVf � Keith F.Mahoney,Pr -ident - , By >- —L7 moms LOAN EXTENSION AGREEMENT c-)"4 - MAKER Mahoney Custom Homes,Inc. LOAN NUMB ���••-� 4 r 64195 • * ' ORIGINAL AM I T $ 500.00 ENDORSER BALANCE T - $ 10500.00 MEMORANDUM OF LOAN EXTENSION •• For value received,the above referenced loan is hereby extended to March 15,2013. All other terms anrconditi4 shall remain the same. The above Extension Memorandum is hereby approved and accepted this 2"a Day of October , 2012 SOLON STATE BANK MAKERS ENDORSERS B Solon SttaaattIe Bank //�1 MahoneX.•Cus . • -�., . �/ 5s(4/i Ati,. .e.. e Keith F.Mahoney,Presi• t By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. i- LOAN NUMBER 402-0064195 • ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 335,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended TO September 30,2012. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 20th Day of June , 2012 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahon:,, , .o s . . By 4.71.6rizx,..z / FJ v/C5r.G‘•WI KeithF. Mahoney,Pres'' ent By O. • LOAN EXTENSION AGREEMENT . MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0064195 ORIGINAL AMOUNT $ 335,500.00 ENDORSER BALANCE $ 109,763.63 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to June 1,2012. All other terms and conditions shall remain the same. - The above Extension Memorandum is hereby approved and accepted this 28th Day of September , 2011 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahone C;•0.11 Ho I By AX/E— L / - 151e4cr‘. • Keith F.Mahoney,President By 1 FT, a m a EXHIBIT MAHONEY CUSTOM HOMES,INC SOLON STATE BANK I IUI,�W �M��r'1 I�r 3705 170TH STREET NE 126 SOUTH MARKET ST Loan Number ` `-1 . i SOLON,IA 52333 P.O.BOX 129 Date 11-15-7012 C SOLON,IA 52333-0129 Maturity Date 03.15.7013 Loan Amount$33,500 IC Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSW 20-3585619 "1'includes each borrower above,jointly and severally. "You"means the lender,its successors and assigns. For value received,I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of THIRTY THREE THOUSAND FIVE HUNDRFO AND NO/100 Dollars$ 13,500 00 ❑ Single Advance:I will receive all of this principal sum on .No additional advances are contemplated under this note. IN Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On 11.15.7012 I will receive the amount of$ and future principal advances are contemplated. Conditions:The conditions for future advances are AS NEEDED FOR FUTURE CONSTRUCTION COSTS UPON PRESENTATION OF INVOICES ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature is subject to all other conditions and expires on . CE Closed End Credit:You and I agree that I may borrow up to the maximum only one time(and subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from 11.15.7017 at the rate of_6_250 % per year until J13J.5.71113 . ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rate:The future rate will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations:During the term of this loan,the applicable annual interest rate will not be more than %or less than %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change. ❑ , ACCRUAL METHOD:Interest will be calculated on a ACTUALI365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ❑ on the same fixed or variable rate basis in effect before maturity las indicated above). IX at a rate equal to 15%PFR ANNUM • ❑ LATE CHARGE:If a payment is made more than days after it is due,I agree to pay a late charge of _ ❑ ADDITIONAL CHARGES:In addition to interest,I agree to pay the following charges which ❑ are ❑ are not included in the principal amount above: • PAYMENTS:I agree to pay this note as follows: INTEREST ON THE AMOUNT OF CREDIT OUTSTANDING DUE AT MATURITY AND PRINCIPAL DUE ON 03.15.2013. ®Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of payments or due because of Lender's demand) will become part of the principal thereafter, and will bear interest at the interest rate in effect from tiNto time as provided for in this agreement. — ""' ...J 'ADDITIONAL TERMS: ^fin Colr rrl +1 >......f -17 ...mi.. 1X If checked,this note is a credit agreement subject to Iowa Code 1535.17 and the following notice l9'-flable this nor IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHQl7C E RjD C1JLLY BECAUSE ONLY THESE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR--O L PilIQMISE T CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY: ANG& THE MS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. .. �. j SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan P4ALANCE CONSTRUCTION document by type and date): COSTS LOT 102 UNITS E&F n • REAL ESTATE MORTGAGES DATED 1408,11-4.08 AND 11-10-05 AND SIGNATURES: i AGREE TO THE TERMS OF THIS NOTE (INCLUDING A SECURITY AGREEMENT DATED 3-5-10 THOSE ON PAGE 2 I have received a copy on today's date. MAHONE C /H Mee section is r«your eternal we.Faaseparatetse to far a sate security document does not mean the �� t ik-feki-d agreement will not secure di.rrota.l • KEI H F.MAHONEY,PRESIDE Signature for Lender 0 NEIL ERUSHA,PRESIDENT UNIVERSAL NOTE C �ms's 01984. 1991 Bankers Systems,Inc.,Si.Cloud,MN Form UN-IA 3/4/2002 Y02012.2 (page 1 at 2/ DEFINITIONS:As used on page 1, '® ' means the terms that apply to DEFAULT:1 will be in default if any one or more of the following occur: this loan. I," "me" or my" means each Borrower who signs this note (1) I fail to make a payment on time or in the amount due; (2) I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; (3) I fail to pay, or keep any and sureties)who agrees to pay this note(together referred to as "us"). promise,on any debt or agreement I have with you;(41 any other creditor You"or'your"means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings;151 I die,am declared incompetent,make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors,or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts as they become due); If any provision of this agreement cannot be enforced according to its (61 I make any written statement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided;171 I do or fail to do agreement.No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; (6) any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION:I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; (91 I change my name or assume an additional name without will involve money retained by you or paid back to you as commissions or first notifying you before making such a change; 110) I fail to plant, other remuneration. cultivate and harvest crops in due season; (11) any loan proceeds are In addition,I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. • amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land las defined in lows Code 1172C.1)and I am end then unpaid principal. If you and I agree to a different application of in default on this note,you will give me notice of my right to cure.You payments, we will describe our agreement on this note.I may prepay a may exercise your remedies only if I fail to cure my default within 45 pelt of, or the entire balance of this loan without penalty, unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other than certified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment,you and I agree in writing to the exercise your remedies if you have:a) given me the notice with respect contrary). to two prior defaults,b) you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in mare than one voluntarily surrender the agricultural land and you accept it in full advance,each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate in effect on this note at any given time will Subject to the above limitations and any limitations imposed by Iowa apply to the entireincipal advanced at that time.You and default on may provide Code Chapter 654A,if I am in defauon this note you have,but are not in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: '•principal.Notwithstanding anything to the contrary,I do not agree to pay 111 You may demand immediate payment of all I owe you under this and you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued charges). • the maximum rate of interest you could charge under applicable law for (21 You may set off this debt against any right I have to the payment , the extension of credit that is agreed to here (either before or after of money from you,subject to the terms of the"set-off"paragraph !maturity). If any notice of interest accrual is sent and is in error, we herein. •mutually agree to correct it,and if you actually collect more interest than (3)You may demand security, additional security,or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy this note. You do not guarantee by selecting this index, or the margin, (4)You may refuse to make advances to me or allow purchases on 'that the rate on this note will be the same rate you charge on any other credit by me. •loans or class of loans to me or other borrowers. (5)You may use any remedy you have under state or federal law. •ACCRUAL METHOD:The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare •page 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a "year." If no accrual event as a default if it continues or ha pens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY S FEES:I agree to pay all costs of calculating interest. collection,replevin or any other or similar type of cost if I am in default. POST MATURITY RATE: For purposes of deciding when the "Post In addition,if you hire an attorney to collect this note,I also agree to pay • Maturity Rate" (shown on page 11 applies,the term"maturity"means the any fee you incur with such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law). To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code,I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However,you jurisdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the 'PAYMENTS BY LENDER" paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to (1)demand payment of amounts due(presentment); principal. 121 obtain official certification of nonpayment(protest);or MULTIPLE ADVANCE LOANS:If this is a multiple advance loan,you and I (31 give notice that amounts due have not been paid (notice of expect that you will make more than one advance of principal. If this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property insurance premiums), even if someone else has also agreed to pay it(by,for example,signing ' then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone,or anyone else who is obligated on this note,or any number of us of the charges. together,to collect this note.You may do so without any notice that it SET-OFF:I agree that you may set off any amount due and payable under has not been paid(notice of dishonor). You may without notice release this note against any right I have to receive money from you. any party to this agreement without releasing any other party.If you give "Right to receive money from you"means: up any of your rights,with or without notice,it will not affect my duty to (1)any deposit account balance I have with you; pay this note. Any extension of new credit to any of us, or renewal of (2)any money owed to me on an item presented to you or in your this note by all or less than all of us will not release me from my duty to possession for collection or exchange;and pay it. (Of course, you are entitled to only one payment in full.) I agree (3)any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by 'Any amount due and payable under this rate' means the total this note,or any portion of the note or debt,from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off.This total includes any balance the due of the note.I will not assign my obligatio�r under this agreement without ' date for which you properly accelerate under this note. your prior written approval. • If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to`,j ,vide you, upon request, any has not agreed to pay this note, your right of set-off will apply to my financial statement or information yyoouu,may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and inform in I pr you are or will my sole request or endorsement.Your right of set-off does not apply to be accurate,correct and conipb Sj an account or other obligation where my rights are only as a NOTICE: Unless otherwise re byIl nomany noto me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by r igg-4t by Thitt class einlP tddressed to me Account or other tax-deferred retirement account. at m last known address. My cucient a esa is 1. I agree to You will not be liable for the dishonor of any check when the dishonor inform you in writing of any ibfllr in 1yr_s�ddress. I will give any notice occurs because you set off this debt against any of my accounts.I agree to you by mailing it first class��-�{ggqqqq.......YYYYYMqqqqqq�uu�uur ae*ess sta d on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to any other addrllt you have darQl4ed. exercise of your right of set-off. CREDIT AGREEMENT: A "cr greeme4l,under a ode S 535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract made or l.I red t>,t�a lender to loan money or estate or a residence that is personal property,the existence of a default extend credit for any purpose.- redit-'bpreemerft�<�es not mean a and your remedies for such a default will be determined by applicable contract to extend credit by mei a credit card, n end credit,or law, by the terms of any separate instrument creating the security a home equity line of credit. . interest and,to the extent not prohibited by law and not contrary to the This note is not subject td7owa Codr f 535.17 if it is a 'credit terms of the separate security instrument, by the "Default" and agreement"made primarily foZ1T persona milt', or household purpose "Remedies"paragraphs herein. where the credit extended is twenty thous dollars or less. DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL INTEREST INTEREST INTEREST TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE RATE PAYMENTS PAID THROUGH (not reiaa) ' p $ $ $ % $ $ $ $ % 8 $ $ $ % $ $ $ $ % $ 8 8 $ % $ $ 8 $ % $ $ 8 8 % $ $ $ $ % $ $ $ $ % $ $ $ $ % $ $ 8 $ % $ (peps 2 of 2) E-ch 4 01994,1991 Banken Swam,.Inc..St.Cloud roan UN-IA 314!2002 LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes, Inc. ;. LOAN NUMBER 402-0065464 ENDORSER ORIGINAL AMOUNT $ 33,500.00 BALANCE $ 31,170.63 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$225.00 due monthly beginning July 15,2016 until June 15,2019 when the balance will be due.All other terms and conditions shall remain-the same. The above Extension Memorandum is hereby approved and accepted this 10th Day of June , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahone u 0 Ho ,Inc. By 1 0��Z ith F.Mahoney, esiaent By LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0065464 ORIGINAL AMOUNT $ 33,500.00 ENDORSER BALANCE $ 33,500.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows: $225.00 due monthly beginning August 10,2013 until June 10 2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 12th Day of June , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Maho :.tom Hr ;Inc. By '/�� ' Keith .Mahoney,President • M By • N C7 rcirl -TI xa. F"t"i • EXHIBIT MAHONEY CUSTOM HOMES,INC. SOLON STATE BANK /oa.z i s b 1384 LAKEWOODS DRIVE NE 126 SOUTH MARKET ST Loan Number Yo.. -ob 4,427f SWISHER,IA 52338 P.O.BOX 129 Date 12.24-7013 SOLON,IA 52333-0129 Maturity Date 12-15.7016 Loan Amount 9 45 000 00 BORROWER'S NAME AND ADDRESS Renewal Of "I"includes each borrower above,jointly and severally. anl8 NAME AND ADDRESS SSW/ 20-3585619 "You"meanss the lender,its successors and assigns. For value received,I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of FORTY FIVE THOUSAND AND NO1100 Dollars 845 000 00 E Single Advance:I will receive all of this principal sum on 12.74-2013 .No additional advances are contemplated under this note. ❑ Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of 9 and future principal advances are contemplated. Conditions:The conditions for future advances are ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature is subject to all other conditions and expires on ❑ Closed End Credit:You and I agree that I may borrow up to the maximum only one time(and subject to all other conditions). INTEREST:I agree to pay interest on the outstanding principal balance from 1224.7013 at the rate of R 7511 % per year until 12-15-7016 ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rate:The future rate will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations:During the term of this loan,the applicable annual interest rate will not be more than %or less than %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: 0 The amount of each scheduled payment will change. ❑ The amount of the final payment will change. . ❑ ACCRUAL METHOD:Interest will be calculated on a ACTUAL1365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after,maturity,and until paid in full,es stated below: ❑ on the same fixed or variable rate basis in effect before maturity(as indicated above). IN at a rate equal to 15%PFR ANNUM EV LATE CHARGE:If a payment is made more than 15 days after it is due,I agree to pay a late charge of 5000%OF THE I ATF AMOUNT • ❑ ADDITIONAL CHARGES:In addition to interest,I agree to pay the following charges which ❑ are ❑ are not included in the principal amount above: PAYMENTS:I agree to pay this note as follows: 35 MONTHLY PAYMENTS OF S500.00 BEGINNING 01-15-2014 AND 1 BALLOON PAYMENT OF$34,935.08 ON 12-15-2016.THE ACTUAL AMOUNT OF MY FINAL PAYMENT WILL DEPEND ON MY PAYMENT RECORD. r�3 ©Unpaid Interest:Any accrued interest not paid when due(whether due by reason of a schedule of p t or dY)because mender's demand) will become part of the principal thereafter, and will bear interest at the interest rate in effe61 time—t3 time a&..pawided for in this agreement. ADDITIONAL TERMS: rn 5 If checked,this note is a credit agreement subject to Iowa Code§535.17 and the following notice is ap -,to tllrnote. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ- AREFULLY BECAUSE ONLY THESE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROM& S NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. r SkCURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan is BALANCE CONSTRUCTION document by type and date): COSTS LOT 102 UNITS E&F . SECURITY AGREEMENTS DATED 7-31.08 AND 3-5-10 AND A REAL SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING ESTATE MORTGAGE DATED 14.08 THOSE ON P•O have re ' •a copy on today's date. (This section is for your internal use.Faure to list•,eparate security document does not mean the MAHONi 'a v! t " '•. agreement oil not secure this note.) (( _�,JLi •Slf KEI F.MAHONEY,PRESIDE C Signature for Lender D NEIL ERUSHA,PRESIDENT UNIVERSAL NOTE 984,1991 Bankers Systems.Inc..St.Cloud,MN Form UN-IA 3/4/2002 roage 1 of 21 DEFINITIONS:As used on page 1, "CEO ' means the terms that apply to DEFAULT:I will be in default if any one or more of the following occur: this loan. 'I,' 'me' or 'my' means each Borrower who signs this note (1) I fail to make a payment on time or in the amount due; (21 I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; (3) I fail to pay, or keep any and sureties)who agrees to pay this note(together referred to as 'us'). promise,on any debt or agreement I have with you;(4)any other creditor . "You'or"your"means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of Iowa will govern this note. proceedings; (51 1 die,am declared incompetent,make an assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors,or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts as they become due); If any provision of this agreement cannot be enforced according to its (6)I make any written statement or provide any financial information that terms,this fact will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; (7) I do or fail to do agreement.No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; (8) any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION:I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; (9) I change my name or assume an additional name without will involve money retained by you or paid back to you as commissions or first notifying you before making such a change; (101 I fail to plant, other remuneration. cultivate and harvest crops in due season; (11) any loan proceeds are In addition,I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible land or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The'Temainder of each payment will then reduce accrued unpaid interest, secured by agricultural land(as defined in Iowa Code i 172C.1)and I am and then unpaid principal. If you and I agree to a different application of in default on this note,you will give me notice of my right to cure. You payments, we will describe our agreement on this note. I may prepay a may exercise your remedies only if I fail to cure my default within 45 part of, or the entire balance of this loan without penalty, unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other than certified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment,you and I agree in writing to the exercise your remedies if you have: a) given me the notice with respect contrary). to two prior defaults,bl you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural land and you accept it in full advance,each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate in effect on this note at any given time will Subject to the above limitations and any limitations imposed by Iowa apply to the entirerin cipal advanced at that time.You and I may provide Code Chapter 654A,if I am in default on this note you have,but are not in this agreement for accrued interest not paid when due to be added to limited to,the following remedies: principal.Notwithstanding anything to the contrary,I do not agree to pay (1)You may demand immediate payment of all I owe you under this and you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for (21 You may set off this debt against any right I have to the payment the extension of credit that is agreed to here (either before or after of money from you,subject to the terms of the"set-off"paragraph Maturity). If any notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,and if you actually collect more interest than 131 You may demand security,additional security,or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rate on other remedy. this note. You do not guarantee by selecting this index, or the margin, (4)You may refuse to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me. loans or class of loans to me or other borrowers. (5)You may use any remedy you have under state or federal law. ACCRUAL METHOD:The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual an event to be a default,you do not waive your right to later consider the method will determine the number of days in a "year." If no accrual event as a default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEYS FEES:I agree to pay all costs of calculating interest. collection,replevin or any other or similar type of cost if I am in default. POST MATURITY RATE: For purposes of deciding when the 'Post In addition,if you hire an attorney to collect this note,I also agree to pay Maturity Rate"(shown on page 1)applies,the term'maturity'means the any fee you incur with such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law). To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code,I also agree to pay the reasonable attorney's fees and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However, you junsdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not described in the 'PAYMENTS BY LENDER" paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to (1)demand payment of amounts due(presentment); pncipal (2)obtain official certification of nonpayment(protest);or MriULTIPL.E ADVANCE LOANS:If this is a multiple advance loan,you and I (31 give notice that amounts due have not been paid (notice of expect that you will make more then one advance of principal. If this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property insurance premiums), even it someone else has also agreed to pay it(by,for example, signing then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone,or anyone else who is obligated on this note,or any number of us of the charges. together,to collect this note. You may do so without any notice that it SET-OFF:I agree that you may set off any amount due and payable under has not been paid (notice of dishonor). You may without notice release this note against any right I have to receive money from you. any party to this agreement without releasing any other party.If you give 'Right to receive money from you"means: up any of your rights,with or without notice,it will not affect my duty to Ill any deposit account balance I have with you; pay this nate. Any extension of new credit to any of us, or renewal of (21 any money owed to me on an item presented to you or in your this note by all or less than all of us will not release me from my duty to possession for collection or exchange;and pay it. (Of course, you are entitled to only one payment in full.) I agree (3)any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by "Any amount due and payable under this note' means the total this note,or any portion of the note or debt, from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off.This total includes any balance the due of the note.I will not assign my obligation under this agreement without date for which you properly accelerate under this note. your prior written approval. If my right to receive money from you is also owned by someone who FINANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of set-off will apply to my financial statement or information you may deem necessary. I warrant interest in the obligation and to any other amounts I could withdraw on that the financial statements and information I provide to you are or will my sole request or endorsement.Your right of set-off does riot apply to be accurate,correct and complete. an account or other obligation where my rights ere only as a NOTICE: Unless otherwise required by law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it or by mailing it by first class mail addressed to me Account or other tax-deferred retirement account. at my last known address. My currant address Is on page 1. I agree to You will not be liable for the dishonor of any check when the dishonor inform you in writing of any change my address. I will give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it first..class to yolu&address stated on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to an of address tlsas you have designated. exercise of your right of set-off. CREDIT AGREEME : neat a nt" owa Code 8 535.17 REAL ESTATE OR RESIDENCE SECURITY:If this note is secured by real means any contract acq by a r to loan money or estate or a residence that is personal property,the existence of a default extend credit for any i idSB' A dit agree " does not mean a and your remedies for such a default will be determined by applicable contract to extend crediTbytftdans of credit asFdapr open end credit,or law, by the terms of any separate instrument creating the security a home equity line of c —{ interest and,to the extent not prohibited by law and not contrary to the This note is not su t t0 low onod6 it .1 household purpose" terms of the separate security instrument, by the "Default" and agreement' made primer*,(B a yy "Remedies"paragraphs herein. where the credit extendenty thousand or less. A. PRINCIPAL �T ��i INTEREST DATE OF PRINCIPAL BORROWER'S PRINCIPAL BALANCE ..� PWAI^"7h PAID TRANSACTION ADVANCE INITIALS PAYMENTS ...!!l��r r,,./ THROUGH: Inot r.Quk.dl E $ J'' % ria ° % 50 • $ ° ' ° $ % $ $ 8 $ % $ ° ° $ % $ 8 $ $ $ % e $ 8 ° % ° 8 ° % $ $ 8 $ % $ ° $ ° 8 % $ $ 8 8 % $ (page 2 of 2) Eayf 4 O19e4.1991 Renames Systems.inc.,St.Cloaca arae UN•IA 3/4/2002 LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 402-0066274 ORIGINAL AMOUNT $ 45,000.00 ENDORSER BALANCE $ 34,960.69 MEMORANDUM OF LOAN EXTENSION For vale received,the above referenced loan is hereby extended as follows:$500.000 due monthly beginning February 10,2017 until January 10,2020 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 29` Day of December , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon `State Bank Mahoney . c.By � Keith F.Mahoney, ident • By • C� .�1 C? Ci) r rn x-33 0 eer EXHIBIT _ 1 _ � MAHONEY CUSTOM HOMES,INC. 'SOLON STATE BANK b�Q �, r) 2809 SUNSET DRIVE N.E. 126 SOUTH MARKET ST Loan Number 11 8 SOLON,IA 52338 P.O.BOX 129 Dataf7.31-7008 SOLON,IA 52333-0129 Maturity Date p8.01-7!111 Loan Amount$336,000 On Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN# 20-3585619 "I"includes each borrower above,jointly and severally. "You"means the lender,its successors and assigns. For value received, I promise to pay to you,or your order,at your address listed above the PRINCIPAL sum of THREE HUNDRED THIRTY SIX THUIISANf AND NO1100 Dollars$336,000 00 IN Single Advance:I will receive all of this principal sum on 07-31-7008 .No additional advances are contemplated under this note. C Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note.On I will receive the amount of$ and future principal advances are contemplated. Conditions:The conditions for future advances are ❑ Open End Credit:You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature is subject to all other conditions and expires on • ❑ Closed End Credit:You and I agree that I may borrow up to the maximum only one time(and subject to all other conditions). INTEREST: I agree to pay interest on the outstanding principal balance fromI17-31-71108 at the rate of 7 750 % per year until jIR-01.7011 ' ❑ Variable Rate:This rate may then change as stated below. ❑ Index Rate:The future rate will be the following index rate: , ❑ No Index:The future rate will not be subject to any internal or external index.It will be entirely in your control. ❑ Frequency and Timing:The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations: During the term of this loan,the applicable annual interest rate will not be more than %or less then %.The rate may not change more than %each Effect of Variable Rate:A change in the interest rate will have the following effect on the payments: ❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change. ACCRUAL METHOD:Interest will be calculated on a ACTUALI365 basis. POST MATURITY RATE:I agree to pay interest on the unpaid balance of this note owing after maturity,and until paid in full,as stated below: ❑ on the same fixed or variable rate basis in effect before maturity las indicated above). OD at a rate equal to 15%PFR ANNUM {el LATE CHARGE:If a payment is made more than 15 days after it is due,I agree to pay a late charge of 5 00(1%nF THF I ATE • AMOUNT in ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which ❑ are 0 are not included in the principal amount • - above: PAYMENTS:I agree to pay this note as follows: "35 MONTHLY PAYMENTS OF$2,300.00 BEGINNING 09.01-2008 AND 1 BALLOON PAYMENT OF$327,562.91 ON 08-01-2011. ❑Unpaid Interest: Any accrued interest not paid when due(whether due by reason of a schedule of payment due because of Lender's demand) • will become part of the principal thereafter, and will bear interest at the interest rate in act from�e to time; provided for in this agreement. CI Teri i,DDITIONAL TERMS: .•—i '17rsw.a. rn It If checked,this note is a credit agreement subject to Iowa Code 3 535.17 and the following notice-is flirpicabl4 this . IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHWOPBE READ C .1LLY BECAUSE ONLY THESE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS ORAL PEMMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAS CHANG5 THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. - 0 IN SECURITY: This note is separately secured by (describe separate PURPOSE:The purpose of this loan is AMORTIZE CONSTRUCTION document by type and date): LOAN LOT 102 FOX RIDGE A REAL ESTATE MORTGAGE DATED 1.4-08 SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING THOSE ON PAGE 2).I have received a copy on today's date. Mds section is for your internal use.Failure to lista separate security document does not mean the MAHONEY TO ^ // agreement wIN not secure this note.) GI KEITH F.MAHONEY,PRESIDENT Signature for Lender D NEIL ERUSHA,PRESIDENT UNIVERSAL NOTE ©1984,1991 Bankers Systema,Inc.,St.Cloud,MN Form UN-IA 3/4/2002 (page 1 of 2) DEFINITIONS: As used on page 1, "® ' means the terms that apply to DEFAULT: I will be in default,f any one or more of the following occur: this loan. 'I," "me" or"my" means each Borrower who signs this note 111 I fail to make a.payment on time or in the amount due; (2) I fail to and each other person or legal entity (including guarantors, endorsers, keep the property insured, if required; 131 I fail to pay, or keep any and sureties) who agrees to pay this note(together referred to as "us"). promise,on any debt or agreement I have with you;141 any other creditor 'You"or"your"means the Lender and its successors and assigns. of mine attempts to collect any debt I owe him through court APPLICABLE LAW: The law of the state of lows will govern this note. proceedings; (5)I die,am declared incompetent, make en assignment for Any term of this note which is contrary to applicable law will not be the benefit of creditors, or become insolvent(either because my liabilities effective,unless the law permits you and me to agree to such a variation. exceed my assets or I am unable to pay my debts as they become due); It any provision of this agreement cannot be enforced according to its (81 I make any written statement or provide any financial information that terms, this fact will not affect the enforceability of the remainder of this is untrue or inaccurate at the time it was provided; (71 I do or fail to do agreement. No modification of this agreement may be made without your something which causes you to believe that you will have difficulty express written consent.Time is of the essence in this agreement. collecting the amount I owe you; (81 any collateral securing this note is COMMISSIONS OR OTHER REMUNERATION: I understand and agree that used in a manner or for a purpose which threatens confiscation by a legal any insurance premiums paid to insurance companies as part of this note authority; 191 I change my name or assume an additional name without will involve money retained by you or paid beck to you as commissions or first notifying you before making such a change; 1101 I fail to plant, other remuneration. cultivate and harvest crops in due season; (11) any loan proceeds are In addition, I understand and agree that some other payments to third used for a purpose that will contribute to excessive erosion of highly parties as part of this note may also involve money retained by you or erodible lend or to the conversion of wetlands to produce an agricultural paid back to you as commissions or other remuneration. commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, PAYMENTS: Each payment I make on this note will first reduce the Exhibit M. amount I owe you for charges which are neither interest nor principal. REMEDIES: Except as provided in the next paragraph, if this note is The remainder of each payment will then reduce accrued unpaid interest, secured by agricultural land(as defined in Iowa Code 8 172C.1)and I am and then unpaid principal. If you and I agree to a different application of in default on this note, you will give me notice of my right to cure. You payments, we will describe our agreement on this note. I may prepay a may exercise your remedies only if I fail to cure my default within 45 part of, or the entire balance of this loan without penalty, unless we days after you mail the notice(or 45 days after actual delivery if you use specify to the contrary on this note. Any partial prepayment will not a means other then certified mail). excuse or reduce any later scheduled payment until this note is paid in full A notice of right to cure is not necessary and you may immediately (unless, when I make the prepayment, you and I agree in writing to the exercise your remedies if you have: a) given me the notice with respect contrary). to two prior defaults, bl you have given me the notice with respect to a INTEREST: Interest accrues on the principal remaining unpaid from time default occurring within 12 months before the current default, or I to time, until paid in full. If I receive the principal in more than one voluntarily surrender the agricultural land and you accept it in full advance, each advance will start to earn interest only when I receive the satisfaction of the debt. advance. The interest rate in effect on this note at anygiven time will Subject to the above limitations and any limitations imposed by Iowa apply to the entire principal advanced at that time.You nd I may provide Code Chapter 654A, if I am in default on this note you have,but are not ii_this agreement for accrued interest not paid when due to be added to limited to,the following remedies: principal.Notwithstanding anything to the contrary, I do not agree to pay (1)You may demand immediate payment of all I owe you under this ,ind you do not intend to charge any rate of interest that is higher than note(principal,accrued unpaid interest and other accrued charges). the maximum rate of interest you could charge under applicable law for 121 You may set off this debt against any right I have to the payment the extension of credit that is agreed to here (either before or after of money from you,subject to the terms of the"set-off' paragraph .maturity). If any notice of interest accrual is sent and is in error, we herein. mutually agree to correct it,end if you actually collect more interest than 131 You may demand security, additional security, or additional parties allowed by law and this agreement,you agree to refund it to me. to be obligated to pay this note as a condition for not using any INDEX RATE:The index will serve only as a device for setting the rete on other remedy. this note. You do not guarantee by selecting this index, or the margin, (41 You may refuse to make advances to me or allow purchases on that the rate on this note will be the same rate you charge on any other credit by me. loans or class of loans to me or other borrowers. (5)You may use any remedy you have under state or federal law. ACCRUAL METHOD: The amount of interest that I will pay on this loan By selecting any one or more of these remedies you do not give up will be calculated using the interest rate and accrual method stated on your right to later use any other remedy.By waiving your right to declare page 1 of this note. For the purpose of interest calculation, the accrual en event to be a default, you do not waive your right to later consider the method will determine the number of days in a "year." If no accrual event as a default if it continues or happens again. method is stated, then you may use any reasonable accrual method for COLLECTION COSTS AND ATTORNEY S FEES:I agree to pay all costa of calculating interest. collection, replevin or any other or similar type of cost if I em in default. POST MATURITY RATE: For purposes of deciding when the "Post In addition, if you hire an attorney to collect this note,I also agree to pay Maturity Rate' (shown on page 1)applies,the term"maturity" means the any fee you incur with such attorney plus court costs (except where date of the last scheduled payment indicated on page 1 of this note or prohibited by law). To the extent permitted by the United States the date you accelerate payment on the note,whichever is earlier. Bankruptcy Code, I also agree to pay the reasonable attorney's fess and SINGLE ADVANCE LOANS: If this is a single advance loan, you and I costs you incur to collect this debt as awarded by any court exercising expect that you will make only one advance of principal. However, youurisdiction under the Bankruptcy Code. may add other amounts to the principal if you make any payments WAIVER:I give up my rights to require you to do certain things.I will not ,iescribed in the PAYMENTS BY LENDER" paragraph below, or if we require you to: have agreed that accrued interest not paid when due may be added to I 1)demand payment of amounts due(presentment); yrincippal. 121 obtain official certification of nonpayment(protest);or oAULTIPLE ADVANCE LOANS:If this is a multiple advance loan,you and I 131 give notice that amounts due have not been paid (notice of rxpect that you wili make more than one advance of principal. If this is dishonor). closed end credit, repaying a part of the principal will not entitle me to I waive any defenses I have based on suretyship or impairment of additional credit. collateral. PAYMENTS BY LENDER: If you are authorized to pay, on my behalf, OBLIGATIONS INDEPENDENT: I understand that I must pay this note charges I am obligated to pay (such as property insurance premiums), even if someone else has also agreed to pay it(by,for example, signing then you may treat those payments as advances and add them to the this form or a separate guarantee or endorsement). You may sue me unpaid principal under this note,or you may demand immediate payment alone,or anyone else who is obligated on this note,or any number of us of the charges. together, to collect this note.You may do so without any notice that it SET-OFF:I agree that you may set off any amount due and payable under has not been paid (notice of dishonor). You may without notice release this note against any right I have to receive money from you. any party to this agreement without releasing any other party.If you give "Right to receive money from you'means: up any of your rights,with or without notice,it will not affect my duty to (1)any deposit account balance I have with you; # pay this note. Any extension of new credit to any of us, or renewal of 121 any money owed to me on an item presented to you or in your this note by all or less than all of us will not release me from my duty to possession for collection or exchange;end pay it. (Of course, you are entitled to only one payment in full.) I agree 131 any repurchase agreement or other nondeposit obligation. that you may at your option extend this note or the debt represented by "Any amount due and payable under this note" means the total this note, or any portion of the note or debt, from time to time without amount of which you are entitled to demand payment under the terms of limit or notice and for any term without affecting my liability for payment this note at the time you set off.This total includes any balance the due of the note. I will not assign my obligation under this agreement without date for which you properly accelerate under this note. your prior written approval. If my right to receive money from you is also owned by someone who FlNANCIAL INFORMATION: I agree to provide you, upon request, any has not agreed to pay this note, your right of set-off will apply to my financial statement or information you may deem necessary. I warrant 'interest in the obligation and to any other amounts I could withdraw on that the financial statements and tiebrmation I provide to you are or will my sole request or endorsement. Your right of set-off does not apply to be accurate,correct and complete an account or other obligation where my rights are only as a NOTICE: Unless otherwise requireev"'"'bpy law, any notice to me shall be representative. It also does not apply to any Individual Retirement given by delivering it _ y mailin'lt""by first mail addressed to me Account or other tax-deferred retirement account. at my last known ad y outset address a n page 1. I agree to You will not be liable for the dishonor of any check when the dishonor inform you in writing hang %my addr , I will give any notice occurs because you set off this debt against any of my accounts. I agree to you by mailing it fi to addadd Weed on page 1 of this to hold you harmless from any such claims arising as a result of your agreement,or to any o r ress that you h ignated. exercise of your right of setoff. CREDIT AGREEMENT:p-,eee it agreement" er lows Code 5 535.17 REAL ESTATE OR RESIDENCE SECURITY: If this note is secured by real means any contract rr�s or acg4iEd by lender to loan money or estate or a residence that is personal property,the existence of a default extend credit for any Austad. A credit apr • does not mean a and your remedies for such a default will be determined by applicable contract to extend credit ens of a credit Pr,Tr open end credit,or law, by the terms of any separate instrument creating the security a home equity line of cr�8ft,'["7�1 interest end, to the extent not prohibited by law and not contrary to the This note is not sumacLl4 lovode 4y��I 7 if it is a "credit terms of the separate security instrument, by the 'Default' and agreement" made primaniv,�e pefsanal, fart, ,. F household purpose "Remedies"paragraphs herein. where the credit extends yr ienty 48,eusand doll errra or less. •• DATE OF PRINCIPAL BORROWER'S PRINCIPAL PRINCIPAL af1E.. REST N) INTEREST INTEREST TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE RATE •.0 PAYMENTS PAID (not requited) THROUGH: $ $ 8 % $ $ 8 $ % $ 8 $ 8 % $ $ $ $ % $ 8 8 8 % $ $ $ 8 % $ 8 $ $ % $ $ $ $ % $ $ 8 $ % $ - $ $ $ % $ 8 if $ % $ , c�Y (page 2 of 2/ s--si� 01984,1991 Bankers Systeme,Inc..St.Car" ;Ian UN-IA 3/4/2002 LOAN EXTENSION AGREEMENT . MAKER Mahoney Custom Homes,Inc. v LOAN NUMBER 426-0061947 • ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 28,647.08 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:*200.00 due monthly beginning July 15,2016 until June 15,2019 when the balance will be due.All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 24'" Day of June , 2016 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Maho . Ho, • / By ®1�/ LI�� Keith F.Mahoney, ' .'dent By LOAN EXTENSION AGREEMENT • MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0064947 ORIGINAL AMOUNT $ 30,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:$200.00 due monthly beginning August 10,2013 until June 10 2016 when the balance will be due.The interest rate is hereby reduced to 6.25%per annum. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 126 Day of June , 2013 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank� Mah /*�-:�La e• �i .' nc. • By i « // 4 / /`C Ketth F.Mahoney, • ..'i- t By • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to March 15,2013. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 2°d Day of October , 2012 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahn H c. *C3 " etth F.M orgy,Presi t T'---4 � B 1 Y I" m `rrt a -- • LOAN EXTENSION AGREEMENT 0 MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended TO September 30,2012. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 20. Day of June , 2012 SOLON STATE BANK MAKERS ENDORSERS Solon State Bank Mahon o .. i- nc. BY .4gi/Cs41 Ke.; .Mahoney,Pres' t BY LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to May 15,2012. All.other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 20a Day of October , 2011 SOLON STATE BANK MAKERS ENDORSERS SoloofCfi�n State Bank Mah '' mfe�_nc. `.r Keith F.Mahoney,President By • LOAN EXTENSION AGREEMENT MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 • ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE $ 30,000.00 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended to October 15,2011. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 28a Day of March , 2011 SOLON STATE BANK MAKERS ENDORSERS • Solon State�lB,annk- / Mahon Ho c. By .172f/5, ����G%/5, '� Keith F.Mahoney,Pres' t • By • LOAN EXTENSION AGREEMENT - MAKER Mahoney Custom Homes,Inc. LOAN NUMBER 426-0061947 ORIGINAL AMOUNT $ 336,000.00 ENDORSER BALANCE S 144,73026 MEMORANDUM OF LOAN EXTENSION For value received,the above referenced loan is hereby extended as follows:payments are reduced toS 1,150.00 per month beginning July 5,2010. All other terms and conditions shall remain the same. The above Extension Memorandum is hereby approved and accepted this 81` Day of June , 2010 SOLON STATE BANK MAKERS ENDORSERS • Solon State Bank Mahoney'ust,,:�. om1 e Pe,d4-7(By /f Keil . ah. y,President • By T' 72 --�i v r =gy• m rn N tiD EXHIBIT I NININUMN1 1111 11 Doc ID: 021243140009 Tvoe: OEN Recorded: 08/05/2008 at 10:19:58 AM Fee Amt: $47.00 Pacts 1 of 9 Johnson County Iowa Kim Painter County Recorder BK4334 PG 188-196 State of Iowa Space Above This Line For Recording Data -Prepared By: ID NEIL ERUSHA SOLON STATE BANK 126 SOUTH MARKET ST, SOLON, IA 52333-0129 (319) 624-3405 Return To: SOLON STATE BANK 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 OPEN-END REAL ESTATE MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage isO1-04-2008 and the parties and their addresses are as follows: MORTGAGOR: MAHONEY CUSTOM HOMES, INC 2809 SUNSET DRIVE N.E. SWISHER, IA 52338 • D Refer to the Addendum which is attached and incorporated herein for additional Mortgagors. The Addendum is located on LENDER: SOLON STATE BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA ->> 126 SOUTH MARKET ST P.O. BOX 129 SOLON, IA 52333-0129 -7 f-3 wit 2. MORTGAGE. For good and valuable consideration, the receipt and sufficiency hht, which is= acknowledged, and to secure the Secured Debt (hereafter defined), Mortgagor grahrg; balgains,1' warrants, conveys and mortgages to Lender the following described property: (If the �g31'lfescription of the property is not on page one of this Mortgage, it is located on 571 .71 I LOT 102, FOX RIDGE-PART FOUR TO SOLON, IOWA, ACCORDING TO7PL$T Ca THEREOF RECORDED IN BOOK 49, PAGE 294, PLAT RECORDS OF JORNSON N COUNTY, IOWA fl IOWA-AGRICULTURAL/COMMERCIAL REAL ESTATE SECURITY INSTRUMENT (page 1 of 9) (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) ® 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 The property is located in JOHNSON at 356A AND 356B (County) WINDFLOWER LANE , SOLON , Iowa 52333 (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. NOTICE: THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $ 900,000.00 LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Mortgage at any one time shall not exceed the amount stated above. This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Mortgage and does not apply to advances (or interest accrued on such advances) made under the terms of this Mortgage to protect Lender's security and to perform any of the covenants contained in this Mortgage. Future advances are contemplated and, along with other future obligations, are secured by this Mortgage even though all or part may not yet be advanced. Nothing in this Mortgage, however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate writing. 4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: A. The promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all extensions, renewals, modifications or substitutions (Evidence of Debt) (e.g., borrower's name, note amount, interest rate, maturity date): PROMISSORY NOTE OF EVEN DATE HEREWITH TOGETHER WITH ANY AND ALL FUTURE ADVANCES B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage is specifically referred to in the evidence of debt and whether or not such future advances or obligations are incurred for any purpose that was related or unrelated to the purpose of the Evidence of Debt. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Mortgage, plus interest at the highest rater effect, from time to time, as provided in the Evidence of Debt. E. Mortgagor's performance under the terms of any instrument evidencing a dekttiy Moagor tw. Lender and any Mortgage securing, guarantying, or otherwise relating to the de6C7 Fri i If more than one person signs this Mortgage as Mortgagor, each Mortgagor agrees tbat.4 is M rtgage--' will secure all future advances and future obligations described above that are given,-44 inearred b�� any one or more Mortgagor, or any one or more Mortgagor and others. This Mortga� l ndt�secur7� any other debt if Lender fails, with respect to such other debt, to make any required iligclosurt aborl this Mortgage or if Lender fails to give any required notice of the right of rescission. t'l 5. PAYMENTS. Mortgagor agrees to make all payments on the Secured Debt wSgr Clue....and accordance with the terms of the Evidence of Debt or this Mortgage. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the state ceryieyed by this Mortgage and has the right to grant, bargain, warrant, convey, sell, and mortgage the E Dperty and warrants that the Property is unencumbered, except for encumbrances of record. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the (page 2 of 9) Exislo 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Mortgage. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses which Mortgagor may have against parties who supply labor or materials to improve or maintain the Property. 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property and that may have priority over this Mortgage, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Lender consents in writing. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these on the Property. However, if the Property includes Mortgagor's residence, this section shall be subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Mortgage is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if (1) a beneficial interest in Mortgagor is sold or transferred; (2) there is a change in either the identity or number of members of a partnership or similar entity; or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Mortgage. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall be continuing as long as the Secured Debt remains outstanding: A. Mortgagor is an entity which is duly organized and validly existing in the Mortgagor's state of incorporation (or organization). Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Mortgage by Mortgagor and the obligation evidenced by the Evidence of Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than disclosed in writing Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will give Lender prompt notice of any loss or damage to the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Mortgagor will comply with all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Mortgagor also agrees that the nature of the occUncy and use will not change without Lender's prior written consent. No portion of the Property will be removed, demolished or materially altered witfigyit Leng''s priori written consent except that Mortgagor has the right to remove items of personal pr l y gemprisinc a part of the Property that become worn or obsolete, provided that such personal property ifqeplaced"" with other personal property at least equal in value to the replaced personal propertt,A-ee#rom a title retention device, security agreement or other encumbrance. Such replacerrre of- ersorfal property will be deemed subject to the security interest created by this Mortgage. Moegor shall n t partition or subdivide the Property without Lender's prior written consent. Lender of trrpderagen • may, at Lender's option, enter the Property at any reasonable time for the purposeYhbpe ,ng t Property. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor vritl in no way rely on Lender's inspection. ,N) 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any of Mortgagor's duties under this Mortgage, or any other mortgage, deed of trust, security agreement or other lien document that has priority over this Mortgage, Lender may, without notice, perform the duties or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any (page 3 of 9) 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-REST-IA 10/24/2005 • amount necessary for performance. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's security interest in the Property. This may include completing the construction. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Mortgage. Any amounts paid by Lender for insuring, preserving or otherwise protecting the Property and Lender's security interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in effect from time to time according to the terms of the Evidence of Debt. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, warrants, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, a'tect or preserve the Property, except for losses and damages due to Lender's gross negligence or iii2ntional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for aU iability4oss Yrfl damage that Lender may incur when Lender opts to exercise any of its remedies !test Ei4 part ry obligated under the Leases. --� 15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit is r" oncfral iniur{ ' or a planned unit development, Mortgagor will perform all of Mortgagor's duties under'.. bt3 coTenants by-laws, or regulations of the condominium or planned unit development. ter- __ 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; 70 B. A breach of any term or covenant in this Mortgage, any prior mortgage or any construction loan agreement, security agreement or any other document evidencing, guarantying, souring or otherwise relating to the Secured Debt; O C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any person or entity obligated on the Secured Debt; (page 4 of 9) Ex- la ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Mortgage in a manner provided by law if this Mortgagor is in default. Upon a default by the Mortgagor, the Lender may take possession of the Property itself or through a court appointed receiver, without regard to the solvency or insolvency of the Mortgagor, the value of the Property, the adequacy of the Lender's security, or the existence of any deficiency judgment, and may operate the Property and collect the rents and apply them to the costs of operating the Property and/or to the unpaid debt. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Mortgage and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether expressly set forth or not. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. REDEMPTION. Mortgagor agrees that in the event of foreclosure of this Mortgage, at the sole discretion of Lender, Lender may elect to reduce or extend the period of redemption for the sale of the Property to a period of time as may then be authorized under the circumstances and under any section of Iowa Code Chapter 628, or any other Iowa Code section, now in effect or as may be in effect at the time of foreclosure. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Mortgage. Mortgagor will also pay on demand all of Lender's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Lender in respect to the Property. Mortgagor agrees to pay all costs and expenses incurred by Lender in enforcing or protecting Lender's rights and remedies under this Mortgage, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the,Secured Debt is fully and finally paid, Lender agrees to release this Mortgage and Mortgagor agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordatge with Environmental Law. C.°) to ..,. >--1(payf T7e 5 of 9 ®1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/1-4/2605 Iv '.O D. Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right,,but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Mortgage and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Mortgage without prejudice to any of Lender's rights under this Mortgage, L. Notwithstanding any of the language contained in this Mortgage to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Mortgage regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Mortgagor will give Lender prompt notice of any action, real or threatened, by private or public entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Mortgagor further agrees to notify Lender of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Mortgage. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the improvements now existing or hereafter built on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender'sights in the Property according to the terms of this Mortgage. o All insurance policies and renewals shall be acceptable to Lender and shall - lude a... tandard "mortgage clause" and, where applicable, "lender loss payee clause-- Qgrtgutpr she{ immediately notify Lender of cancellation or termination of the insurance. Leh.die4ha{,�lave th4I right to hold the policies and renewals. If Lender requires, Mortgagor shall irlri . Unless Lender and Mortgagor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to Mortgagor. If Mortgagor abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Mortgagor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem necessary. Mortgagor warrants that all financial statements and information Mortgagor provides to Lender are, or will be, accurate, correct, and complete. Mortgagor agrees to sign, deliver, and file as Lender may reasonably request any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Mortgage and Lender's lien status on the Property. If Mortgagor fails to do so, Lender may sign, deliver, and file such documents or certificates in Mortgagor's name and Mortgagor hereby irrevocably appoints Lender or Lender's agent as attorney in fact to do the things necessary to comply with this section. 25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Mortgage are joint and individual. If Mortgagor signs this Mortgage but does not sign the Evidence of Debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. Mortgagor agrees that Lender and any party to this Mortgage may extend, modify or make any change in the terms of this Mortgage or the Evidence of Debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Mortgage. The duties and benefits of this Mortgage shall bind and benefit the successors and assigns of Mortgagor and Lender. If this Mortgage secures a guaranty between Lender and Mortgagor and does not directly secure the obligation which is guarantied, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action laws. 26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Mortgage is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Mortgage is complete and fully integrated. This Mortgage may not be amended or modified by oral agreement. Any section or clause in this Mortgage, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or clause of this Mortgage cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Mortgage. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Mortgage are for convenience only and are not to be used to interpret or define the terms of this Mortgage. Time is of the essence in this Mortgage. 27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Mortgage, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 28. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rights �yelating to reinstatement, the marshalling of liens and assets, all rights of dower and distributive shaxe and all homestead exemption rights relating to the Property. C.) - 29. U.C.C. PROVISIONS. If checked,the following are applicable to, but do not limit, thps ortg�tgye: m I$1 Construction Loan. This Mortgage secures an obligation incurred for they'-ieeetr TTuation ofJa improvement on the Property. C7—C -- O Fixture Filing. Mortgagor grants to Lender a security interest in all goods t ortgagor o ffi now or in the future and that are or will become fixtures related to the Prope Aa. c.l rte 7 10 ® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 1d/24/200r. D • O Crops; Timber; Minerals; Rents, Issues and Profits. Mortgagor grants to Lender a security interest in all crops, timber and minerals located on the Property as well as all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"). ❑ Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property. This security interest includes all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property. The term "personal property specifically excludes that property described as household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. ❑ Filing As Financing Statement. Mortgagor agrees and acknowledges that this Mortgage also suffices as a financing statement and as such, may be filed of record as a financing statement for purposes of Article 9 of the Uniform Commercial Code. A carbon, photographic, image or other reproduction of this Mortgage is sufficient as a financing statement. 30. OTHER TERMS. If checked, the following are applicable to this Mortgage: Purchase Money Mortgage. This is a purchase money mortgage as defined by Iowa law. ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Mortgage will remain in effect until released. ❑ Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or entity allowed to own agricultural land as specified by law. ❑ Separate Assignment. The Mortgagor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instrument's "Assignment of Leases and Rents" section. ❑ Additional Terms. SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Mortgage and in any attachments. Mortgagor also acknowledges receipt of a copy of this Mortgage on the date stated above on Page 1. ❑ Actual authority was granted to the parties signing below by resolution signed and dated Entity Name:MAHONEY CUSTOM HOMES, INC (Signature K TH F. M HONEY, P SI15ENT (Date) (Signature) (Date) (Signature) c-' (Date) CD (Signature) (7)-{ — (CFI r rn � ( ge8 ) ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 1f24/20Q9 • i ACKNOWLEDGMENT: STATE OF , COUNTY OF } ss. (Individual) On this dayof before me, a Notary Public in the state of Iowa, personally appeared to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. My commission expires: (Notary Public) STATE OF WA , COUNTY OF 2\., 'a .a„ama } ss. (Business On this �� day of ' .„ _ . `,_, ,• J before me, a Notary Public in the or Entity state of Iowa, personally app:are. KEITH F. HONEY Acknowl- edgment) to me personally known, who being by me duly sworn or affirmed did say that that person is PRESIDENT of said entity, that (the seal affixed to said instrument is the seal of said entity or no seal has been procured by said entity) and that said instrument was signed and sealed, if applicable, on behalf of the said entity by authority of its board of directors/partners/members and the said PRESIDENT acknowledged the execution of said instrument to be the voluntary act and deed of said entity by it voluntarily executed. My commission expires: k-1 I0 V (Nota Pu 'c) STEPV1At ber 729356 Gomm�mmi iter ow } (In the following statement "I" means the Mortgagor.) 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 contract, I voluntarily give up my rights to this protection for this property with respect to claims based upon this contract. ti (Signature) o (Date) O (Signature) (Datp�.. . 4C') !� pag�,9 of TM 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/211,395 Q 1V •O SOLON STATE BANK EXHIBIT oo r vi Vv UULUU 126 SOUTH MARKET SOLON IA 52333 G PHONE: 319-624-3405 MAHONEY CUSTOM HOMES KEITH F MAHONEY 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 05/09/17 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT OAN NUMBER: 4010062141 RIGINAL NOTE DATE: 10/03/08 PAYMENT DUE DATE: 04/10/17 RIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 1, 100 .00 INAL PAYMENT DATE: 05/29/17 COLLATERAL CODE: 20 DU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A IGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU D SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. DUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . DRRECTION OF DEFAULT: EFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF DU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE JR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE 3IS ONE. ? YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON tOMPTLY. )R HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . )LON STATE BANK na C=I O V D m '-D SOLON STATE BANK EXHIBIT 126 SOUTH MARKET SOLON IA 52333 gt r PHONE:319-624-3405 314 '776J //L' MAHONEY CUSTOM HOMES 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 10/14/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT JOAN NUMBER: 4020064195 )RIGINAL NOTE DATE: 03/28/11 PAYMENT DUE DATE: 09/15/16 )RIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 2 ,950. 00 'INAL PAYMENT DATE: 11/03/16 COLLATERAL CODE: 20 OU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A LIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU .0 SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . ORRECTION OF DEFAULT: EFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF OU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE UR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE HIS ONE. F YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON ROMPTLY. OR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287. DLON STATE BANK N O rn C, - Cl n Q � :v ib / Ul UU UULUU SOLON STATE BANK EXHIBIT 126 SOUTH MARKET SOLON IA 52333 1t45P PHONE: 319-624-3405 (04 MAHONEY CUSTOM HOMES 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 10/14/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT ,OAN NUMBER: 4020065464 )RIGINAL NOTE DATE: 11/15/12 PAYMENT DUE DATE: 09/15/16 )RIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 450 . 00 INAL PAYMENT DATE: 11/03/16 COLLATERAL CODE: 20 'OU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A TIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU )0 SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. 'OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . 'ORRECTION OF DEFAULT: BEFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF OU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE IUR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT 'EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE 'HIS ONE. F YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON ROMPTLY. OR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . OLON STATE BANK *C7 >—4 -0 rn ,0. m oma-, 3 0 > N ..0 SULUN STATE BANK +. cnnIDI 126 SOUTH MARKET SOLON IA 52333 PHONE:319-624-3405 MAHONEY CUSTOM HOMES KEITH F MAHONEY 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 03/10/17 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT LOAN NUMBER: 4020066274 ORIGINAL NOTE DATE: 12/24/13 PAYMENT DUE DATE: 02/10/17 ORIGINAL NOTE AMOUNT: . 00 TOTAL AMOUNT DUE: 920. 00 FINAL PAYMENT DATE: 03/30/17 COLLATERAL CODE: 20 YOU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A RIGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU DO SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. YOUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . CORRECTION OF DEFAULT: BEFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF YOU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE OUR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT YEAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE THIS ONE. IF YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON PROMPTLY. FOR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . 3OLON STATE BANK r.a E5 -J N m• y =C ▪ rn > NI cAniDI I ,,,,G,,V • SOLON STATE BANK 126 SOUTH MARKET SOLON IA 52333 uy PHONE: 319-624-3405 0� �Q,y J"6 V1°1- MAHONEY CUSTOM HOMES KEITH F MAHONEY 1384 LAKEWOODS DR NE SWISHER IA 52338 DATE: 09/13/16 PAGE 1 NOTICE OF RIGHT TO CURE DEFAULT LOAN NUMBER: 4260061947 DRIGINAL NOTE DATE: 07/31/08 PAYMENT DUE DATE: 08/15/16 DRIGINAL NOTE AMOUNT: 336, 000. 00 TOTAL AMOUNT DUE: 210. 00 FINAL PAYMENT DATE: 10/03/16 COLLATERAL CODE: 20 WU ARE NOW IN DEFAULT ON THIS CONSUMER CREDIT TRANSACTION, YOU HAVE A 2IGHT TO CORRECT THIS DEFAULT UNTIL THE FINAL PAYMENT DATE (ABOVE) . IF YOU )O SO, YOU MAY CONTINUE WITH THE CONTRACT AS THOUGH YOU DID NOT DEFAULT. (OUR DEFAULT CONSISTS OF THE TOTAL AMOUNT DUE (ABOVE) . ;ORRECTION OF DEFAULT: 3EFORE THE FINAL PAYMENT DATE (ABOVE) , PAY THE TOTAL AMOUNT DUE (ABOVE) . IF COU DO NOT CORRECT YOUR DEFAULT BY THE DATE STATED ABOVE, WE MAY EXERCISE )UR RIGHTS AGAINST YOU UNDER THE LAW. IF YOU DEFAULT AGAIN IN THE NEXT EAR, WE MAY EXERCISE OUR RIGHTS WITHOUT SENDING YOU ANOTHER NOTICE LIKE 'HIS ONE. =F YOU HAVE ANY QUESTIONS, WRITE OR TELEPHONE THE SOLON STATE BANK IN SOLON 'ROMPTLY. 'OR HOMEOWNERSHIP COUNSELING CALL 1-800-569-4287 . :OLON STATE BANK Na C2 C'a m -71 —1 -v _.. a E573 _ 0 0 • EXHIBIT Pugh1425 E OAKDALE BOULEVARD SUITE 201 CORALVILLE, IOWA 52241 Iia a m PHONE 319-351-2028 1 1 IAC FAX 319-351-1102 ATTORNEYS & COUNSELORS PUGHHAGAN.COM August 22,2017 Mahoney Custom Homes,Inc. Attn:Keith Mahoney 1384 Lakewoods Dr NE Swisher,IA 52338 Mahoney Custom Homes,Inc. Attn:Keith Mahoney 356 Windflower Lane#D Solon,IA 52333 DEMAND FOR PAYMENT Loan Numbers: 401-0062141;402-0064195;402-0065464;402-0066274;426- 0061947 Property addresses/legal: 356 Windflower Lane Units D-G,Solon,Iowa;and Lot 102 Fox Ridge Part Four to Solon,Iowa according to the plat thereof recorded in Book 49,Page 294,Plat Records of Johnson County,Iowa Current creditor/servicer name: Solon State Bank Current creditor/servicer address: 126 South Market Street,PO Box 129,Solon,IA 52333 Mortgage dated: January 4,2008 Accelerated Balance: $606,471.18 Dear Mr.Mahoney: Solon State Bank as the owner and holder of your mortgage loans,and in accordance with the above-referenced Mortgage and applicable state laws, hereby provides you with a formal notice that your balance has been accelerated.Below is a summary of your accelerated balance: Principal $595,668.29 Interest(thru 08/16/2017) $ 10,792.89 Late charges $ 155.00 0 ACCELERATED BALANCE S606,471.18Nrnv You must pay the accelerated balance within 14 days of the date of this letter or your ..hies that: •llateral for the Notes may then be scheduled for foreclosure in accordance with the terms of tl 4 •I.rtRe an• :•a.licable state laws. If you have not cured the default by September 5, 2017,additional amo-u*imarbeco1011i ue and payable under your Note and Mortgage. {00216578} 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/p is available Iowa Mortgage Help offers 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. -17D-".4 —gyp Iowa Mortgage Help c)..< 1-877-622-4866 'fir— m www.lowaMortgageHelp.com o� = 0 27. 73 This notice is being provided as required by Iowa Code section 654.4B(2). rJ IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SOLON STATE BANK, Case No. EQCV 079238 Plaintiff, 10-DAY NOTICE OF INTENT vs. TO SEEK ENTRY OF DEFAULT AND DEFAULT JUDGMENT MAHONEY CUSTOM HOMES, INC., CITY OF IOWA CITY, IOWA, AND PARTIES IN POSSESSION OF 15 EALING DRIVE,IOWA CITY, IOWA, Defendants. TO: Mahoney Custom Homes,Inc. Parties in Possession Attn: Keith Mahoney,Registered Agent 15 Ealing Drive 356 Windflower Lane#D Iowa City, IA 52240 Solon,IA 52333 Mahoney Custom Homes, Inc. City of Iowa City, Iowa Attn: Keith Mahoney Attn:Kellie Fruehling,City Clerk 1384 Lakewoods Drive 410 E.Washington St Swisher,IA 52338 Iowa City, IA 52246 DATE OF NOTICE: October 12,2017 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. ,Respectfully s miffed, - R J. RAHM(AT#0010114) ® _ rp pughhagan.com Lii 11 } PUGH HAGAN PRAHM PLC 425 E Oakdale Blvd., Suite 201 Coralville, IA 52241 Td Phone: 319.351.2028 E Fax: 319.351.1102 �, ATTORNEYS FOR PLAINTIFF a.. {00218150} 1 CG : 4 (7"horon) /`�_� n rc� (,t�Uc / IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) Plaintiff, ) No. EQCV079238 0 vs. ) D-4 --4 ) MOTION FOR ENTRY OF-14c, o MAHONEY CUSTOM HOMES, INC., ) FORECLOSURE DECREE< -v {1-1 CITY OF IOWA CITY, IOWA, AND ) .73 MC C] :4 fC N PARTIES IN POSSESSION OF 15 EALING) DRIVE, IOWA CITY, IOWA, ) c..� ) Defendants. ) ) ) COMES NOW the Plaintiff, through its undersigned counsel, and respectfully moves for entry of a Foreclosure Decree against Defendants Mahoney Custom Homes, Inc., City of Iowa City, Iowa, and Parties in Possession("Defendants"). In support the Plaintiff states as follows: 1. The Plaintiff's Petition for Foreclosure was filed August 16, 2017 (the"Petition"). 2. Proper service of the Original Notice and a copy of the Petition were made on the Defendants as shown by the Return of Service filed in this case. 3. Default judgment was entered by the Clerk of Court against the Defendants on October 24, 2017. 4. Solon State Bank has filed the original notes and mortgage. 5. Accordingly, Plaintiff is entitled to an in rem judgment against the subject real estate, extinguishing all interest of the Defendants, and a special execution issued directed the real estate be foreclosed, without redemption and without delay of sale. WHEREFORE, the Plaintiff prays that judgment be entered of record and that the Court grant the Plaintiff's Motion and further prays: A. That judgment in rem be entered again the Real Property in the sum of$207,560.52 which reflects the unpaid principal balance of$198,449.30, plus interest on the unpaid principal amount of$6,404.32 through October 25, 2017 (the rate of$33.9810 per day from October 26,2017 through the date a Decree is entered, to be determined at the time a Decree is entered), incurred by the Plaintiff, plus (00223113) C-C : !—/ /2Q 1 ,6rciS G� (7-1)0 1"-Dn abstracting charges in the amount of$120.00; $235.00 for court costs, $240.00 in process service fees, and$2,112.00 in attorney fees; B. That the Court enter judgment declaring the Petitioner's mortgage to constitutes a valid first mortgage lien on the real estate, prior to and superior to any claims, rights, title or interest of the Defendant 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 some much thereof as is necessary to satisfy the judgment entered herein with interest, costs, and all advancements made by the Plaintiff and that at the time of the sheriffs sale, a Sheriff's Deed, without redemption, issue to the purchaser of the mortgaged real estate; D. That the Court order that if the purchaser at the sheriff's sale of the real estate should be denied possession of the real estate by the Defendant, 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 sheriffs sale in possession of the real estate; E. 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 Section 617.11; and F. For such other orders and relief that 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 note are reinstated by the mortgagor or and thereafter by the owner and holder of the sheriffs deed for the purposed of clearing title objections, if any, arising in the future relative to this foreclosure proceeding. Respectfully Submitted, /s/Ryan J. Prahm Ryan J. Prahm AT0010114 Pugh Hagan Prahm PLC 25 -- o -r 425 E. Oakdale Blvd, Suite 201 n o Coralville, IA 52241 --4 Phone: (319) 351-2028 2 < w Fax: (319) 351-1102 o I `gy Email: rprahmApughhagan.comCD 73 3r m rn N t _ {00223113} Mailed to : Mahoney Custom Homes CERTIFICATE OF SERVICE Attn: Keith Mahoney, Registered Agent 356 Windflower Lane#D The undersigned certifies that the a true copy of this Solon, IA 52333 foregoing instrument was served upon all parties to the above cause to each of the parties of record City of Iowa City, Iowa herein at their respective addresses disclosed on Attn: Kellie Fruehling, City Clerk October 26,2017 by: 410 E. Washington St. ■ U.S.Mail ❑CM/ECF Iowa City, IA 52246 ❑Hand Delivered 0 Certified Mail aDMS ❑E-Mail Parties in Possession 15 Ealing Drive Signature:/s/Ryan J. Prahm Iowa City, IA 52240 Mahoney Custom Homes, Inc. 1384 Lakewoods Drive Swisher, IA 52338 N .3` N CI {00223113} IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) No. EQCV079238 ) vs. ) ) ATTORNEY FEE AFFIDAVIT MAHONEY CUSTOM HOMES, INC., ) CITY OF IOWA CITY, IOWA, AND ) PARTIES IN POSSESSION OF 15 EALING) DRIVE, IOWA CITY, IOWA, ) ) Defendants. ) ) ) STATE OF IOWA ) ) ss. COUNTY OF JOHNSON ) I am the attorney for the Plaintiff in the above-captioned matter. I have no agreement with any other person expressed or implied for any division or sharing of the fees to be taxed in this cause. My attorney's fees in this matter including advancements and excluding court costs, service fees, abstracting fees, and protective advances are equal to $2,112.00 through October 25, 2017. A copy of the billing summary is attached hereto as Exhibit "A" and is incorporated by reference herein. The total attorney fees and advancements should be included as a component of the Judgment and assessed as court costs pursuant to §625.22 and §625.25, Iowa Code. Further,affiant sayeth naught. Dated this 26th day of October, 2017. Respectfully Submitted, o .,.a Ryan J. ' ahm AT0010114rn - :an Prahm PLC Q {00223105} 425 E. Oakdale Blvd, Suite 201 Coralville, IA 52241 Phone: (319) 351-2028 Fax: (319) 351-1102 Email: rprahm(a,pughhagan.com ATTORNEYS FOR PLAINTIFF Subscribed and sworn to before me this 26th •.y of October, 2017, by Ryan J. Frahm. I/GL. . l .A? .k LACEY HARDING Z.t.ry Pu.'ic i '.' d for the S' te of Iowa _ :Commission Number 78410E My Commission Evires June 04,2020 Mailed to : Mahoney Custom Homes CERTIFICATE OF SERVICE Attn: Keith Mahoney, Registered Agent 356 Windflower Lane#D The undersigned certifies that the a true copy of Solon, IA 52333 this foregoing instrument was served upon all parties to the above cause to each of the parties of City of Iowa City, Iowa record herein at their respective addresses Attn: Kellie Fruehling, City Clerk disclosed on 410 E. Washington St. October 26, 2017 by: Iowa City, IA 52246 ■ U.S. Mail 0 CM/ECF Parties in Possession 0 Hand Delivered 0Certified Mail 15 Ealing Drive 0 EDMS ®E-Mail Iowa City, IA 52240 Signature: /s/Ryan J. Prahm Mahoney Custom Homes, Inc. 1384 Lakewoods Drive Swisher, IA 52338 :c-) 0 c,_< w r.,. o -a c3� = rn cl {00223105} `�' r IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY O SOLON STATE BANK, ) y n Plaintiff, ) No. EQCV079304 --ip 7<rn fel vs. ) o mr ) MOTION FOR SUMMARY e MAHONEY CUSTOM HOMES,INC., ) JUDGMENT AND ENTRY OF ed OEHL PLUMBING&HEATING,INC., ) FORECLOSURE DECREE CITY OF IOWA CITY,IOWA,AND ) PARTIES IN POSSESSION, ) Defendants. ) COMES NOW the Plaintiff, through its undersigned counsel, and respectfully submits it's Motion for Summary Judgment and Entry of Foreclosure Decree against Defendants Mahoney Custom Homes, Inc., Oehl Plumbing & Heating, Inc., City of Iowa City, Iowa, and Parties in Possession ("Defendants"). In support the Plaintiff states as follows: 1. The Plaintiffs Amended Petition for Foreclosure was filed September 27,2017(the"Petition"). 2. Proper service of the Original Notice and Petition was made on the Defendants as shown by the returns of service filed in this case. 3. Default judgment was entered by the Clerk of Court against Mahoney Custom Homes, Inc., City of Iowa City,Iowa and Parties in Possession on November 27,2017. 4. Defendant Oehl Plumbing & Heating, Inc., has appeared and answered by and through its attorney Steven Howes and has recognizing the priority of Plaintiff's interest in the subject real estate. 5. Solon State Bank has filed the original notes and mortgage with the Court. 6. Accordingly, Plaintiff is entitled to an in rem judgment against the subject real estate, extinguishing all interest of the Defendants, and a special execution issued directed the real estate be foreclosed, without redemption and without delay of sale. WHEREFORE, the Plaintiff prays that judgment be entered of record and that the Court grant the Plaintiff's Motion pursuant to I.R.Civ.P. 1.981 and further prays: {00227354} CC ; CA (Tiro rrl+0 m F1�1 'L(or-o 4 ti A. That judgment in rem be entered again the real property described in the Petition, in the , sum of$650,173.97, which reflects the unpaid principal balance of$614,186.01, plus interest on the unpaid principal amount of $31,491.43 through December 11, 2017 (plus $252.40 per day from ;-1 December 12, 2017 through the date a Decree is entered, to be determined at the time a Decree is entered), incurred by the Plaintiff, plus abstracting charges in the amount of$400.00; $295.00 in late es;$235.00 for court costs,$486.53 in process service fees,and$3,080.00 in attorney fees; That the Court enter judgment declaring the Petitioner's mortgage to constitutes a valid Ili 4"c jil f�st n gage lien on the real estate, prior to and superior to any claims, rights, title or interest of the -- efer tianiand to foreclose the mortgage upon the real estate; trim C:3 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 some much thereof as is necessary to satisfy the judgment entered herein with interest,costs, and all advancements made by the Plaintiff 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 the Court direct a special execution issue following entry of Judgment and docketing the in rem Judgment by the Clerk of Court directing the sale of the foreclosed real estate, by the Johnson County Sheriff or so much as necessary to satisfy the Judgment entered herein with interest, costs, including, but not limited to, reasonable attorney's fees, abstracting costs and advancements by Plaintiff and that at the time of the Sheriff's sale,a Sheriffs Deed issue to the purchaser of the mortgage real estate, and any proceeds from the sale of the property remaining after satisfaction of the mortgage indebtedness and costs due Plaintiff be distributed to the lien holders in accordance with their relative priority. D. That the Court reserve jurisdiction and that if the purchaser of the real estate at the Sheriffs sale should be denied possession of the real estate, then a writ shall issue from the Clerk on the filing of a praecipe directing the Johnson County Sheriff to put the purchaser at sheriffs sale in possession of the real estate; {00227354} E. 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 Section 617.11;and F. For such other orders and relief that 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 note are reinstated by the mortgagor or and thereafter by the owner and holder of the sheriff's deed for the purposed of clearing title objections,if any,arising in the future relative to this foreclosure proceeding. Respectfully Submitted, .g O Is/Ryan J.Prahm Ryan J. Prahm AT0010114 C7.< mum Pugh Hagan Prahm PLC .0- rm 425 E.Oakdale Blvd,Suite 201 s Coralville, IA 52241 O Phone:(319)351-2028 A M Fax:(319)351-1102 tJll Email: rprahmCa.pughhagan.com u VIA EDMS: CERTIFICATE OF SERVICE Steven Howes 3200 37th Ave SW The undersigned certifies that the a true copy of this Cedar Rapids,IA 52404 foregoing instrument was served upon all parties to Attorney for Oehl Plumbing&Heating, Inc. the above cause to each of the parties of record herein at their respective addresses disclosed on Mailed to : December 12,2017 by: Mahoney Custom Homes Attn: Keith Mahoney,Registered Agent X U.S.Mail ®CM/ECF 356 Windflower Lane#D Al-land Delivered ['Certified Mail X EDMS 0 E-Mail Solon,IA 52333 Signature:/s/Cindy Steege City of Iowa City, Iowa Attn:Kellie Fruehling,City Clerk 410 E.Washington St. Iowa City,IA 52246 Parties in Possession 356 Windflower Lane D-G Solon, IA 52333 Mahoney Custom Homes,Inc. 1384 Lakewoods Drive Swisher, IA 52338 {00227354} IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY Q C3 SOLON STATE BANK, ) D c -C `•-- Plaintiff, ) No. EQCV079304 — vs. ) ���pp' ) STATEMENT OF UNDISPUTl CZ& a MAHONEY CUSTOM HOMES,INC., ) AND MEMORANDUM IN SUP RT OEHL PLUMBING& HEATING,INC., ) PLAINTIFF'S MOTION FOR SUMMARY CITY OF IOWA CITY,IOWA,AND ) JUDGMENT PARTIES IN POSSESSION, ) ) Defendants. ) COMES NOW the Plaintiff, Solon State Bank (the "Plaintiff' or "the Bank") through its undersigned counsel,in support of its Motion for Summary Judgment and for Entry of Foreclosure Decree,states as follows: TABLE OF CONTENTS Statement of Undisputed Facts 1 Arguments and Authorities .7 I. Background 7 II. Standards for Summary Judgment 7 Conclusion 8 STATEMENT OF UNDISPUTED FACTS 1. Plaintiff Solon State Bank is an Iowa state chartered bank with offices in Iowa, engaged in mortgage lending in Johnson County, Iowa. 2. Defendant Mahoney Custom Homes, Inc. ("Mahoney") has at all times material hereto had its principal place of business in Johnson County, Iowa. Mahoney has failed to answer the Petition and is in default. 3. Defendants Parties in Possession consisting of persons who may claim an interest in the property by virtue of possession of the real estate, have failed to answer the Petition and are in default. CC }00225695} 1 CA (T4 Thorn-Foy)) ) (_1 N AndorD / 4,:.• Defendant Oehl Plumbing & Heating, Inc., is joined as a party to this action as a result of a f1 hanic;eien filed(#010776),certified on September 21,2016 and filed September 21,2016. Oehl Plumbing actin c. .,•. ,.peared,answered,and consented to a Decree. - MUax W 5: ndant City of Iowa City, Iowa, a municipal corporation is joined as a party to this n asipresukei a Judgment entered in Case No. ICCISC090678 against Mahoney Custom Homes, zue Inc. on i713 15,5b.17, in the amount of$500.00, plus court costs. The City of Iowa City, Iowa has failed to answer the Petition and is in default. 6. On October 3, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. XXXX2141)to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated May 11, 2009, November 10, 2009, September 1, 2010, September 24, 2010, May 3, 2013, May 17, 2016, and October 17, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$345,500.00(collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#1"). The payoff on Note #1 as of December 11, 2017, is $193,267.49. Interest accrues on the unpaid principal balance of$183,258.04 at the default interest rate of 15%, and the per diem accrual of this rate is$75.3100. 7. On March 28, 2011, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. XXXX4195)to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated September 28, 2011,June 20,2012, October 2, 2012,June 12,2013 and June 10, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of $335,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#2"). The payoff on Note#2 as of December 11, 2017, is $354,277.97. Interest accrues on the unpaid principal balance of$336,986.58 at the default interest rate of 15%, and the per diem accrual of this rate is $138.4876. 8. On November 15, 2013, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. XXXX5464)to Solon State Bank. Said Promissory Note was extended via {00225695} 2 • Loan Extension Agreements dated June 12, 2013, and June 10, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of$33,500.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referredleas "Note z; #3"). The payoff on Note #3 as of December 11, 2017, is $32,107.47. Interest acceonrte unp >-4 C, ...� principal balance of$30,846.79 at the default interest rate of 15%, and the per diem x alfrthis, to =<; 10. rn is$12.6768. © _ * 9. On December 24, 2013, Defendant Mahoney Custom Homes, Inc., 'xecute certain Promissory Note(Note No. XXXX6274)to Solon State Bank. Said Promissory Note was extended via a Loan Extension Agreement dated December 29, 2016. Said Promissory Note and the Loan Extension Agreement related thereto, secure a loan in an original amount of$45,000.00 (collectively Promissory Note and Loan Extension Agreement are hereinafter referred to as "Note #4"). The payoff on Note#4 as of December 11, 2017, is $36,131.39. Interest accrues on the unpaid principal balance of$34,828.41 at the default interest rate of 15%,and the per diem accrual of this rate is$14.3130. 10. On July 31, 2008, Defendant Mahoney Custom Homes, Inc., executed a certain Promissory Note (Note No. XXXX 1947)to Solon State Bank. Said Promissory Note was extended via Loan Extension Agreements dated June 8, 2010, March 28, 2011, October 20, 2011, June 20, 2012, October 2, 2012, June 12, 2013, and June 24, 2016. Said Promissory Note and the Loan Extension Agreements related thereto, secure a loan in an original amount of $336,000.00 (collectively Promissory Note and Loan Extension Agreements are hereinafter referred to as"Note#5"). The payoff on Note #5 as of December 11, 2017, is $30,188.12. Interest accrues on the unpaid principal balance of$28,266.19 at the default interest rate of 15%,and the per diem accrual of this rate is$11.6162.Note #1,Note#2,Note#3,Note#4 and Note#5 are collectively referred to herein as the"Notes." 11. The above-described promissory notes are secured by an Open-End Real Estate Mortgage to Solon State Bank on January 7, 2008, which was filed of record in the Johnson County (00225695} 3 • Recorder's Office on August 5, 2008 in Book 4334, Page 188 (the "Mortgage"), encumbering the following ccribed real estate, to wit: • LO, 10o X RIDGE-PART FOUR TO SOLON, IOWA, ACCORDING TO ILI THfxP�HEREOF RECORDED IN BOOK 49,PAGE 294,PLAT RECORDS .. J OF, N COUNTY IOWA ...., Eatiax.citherefrom Units 356A, 356B, and 356C of Windflower Villas CdiRloncilans Phase 2,according to the Declaration of Submission to Horizontal P'�erty Regime pursuant to Chapter 499B of the Code of Iowa, recorded May 6, 2 i", in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa,together with said unit's undivided interest in the common elements. ALSO DESCRIBED AS FOLLOWS: Unit 356D of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded May 6, 2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356E of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded May 6, 2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356F of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded May 6, 2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356G of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded May 6, 2010, in Book 4585, Page 179, in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements. and locally known as 356 Windflower Lane, Units D-G, Solon, IA 52333 (the "real estate"). 12. The real estate is residential but is commercial in nature and use. {00225695} 4 13. On May 9, 2017, Solon State Bank gave Defendant Mahoney Custom Homes, Inc., a Notice of Right to Cure Default for Note#1,a copy of which is attached as Exhibit"G"to the Petition. 14. On October 14, 2016, Solon State Bank gave Defendant Mahoney Custom H. pi es, Inc., Notices of Right to Cure Default for Note#2 and Note#3, copies of which are attacl�R1as EEibit and Exhibit"r to the Petition. n.-! = j" =in r 15. On March 10, 2017, Solon State Bank gave Defendant Mahoney Custo tm5 Inc Notice of Right to Cure Default for Note#4, a copy of which is attached as Exhibit"J' p the itior ,1 16. On September 13, 2016, Solon State Bank gave Defendant Mahoney Custont Homes, Inc., a Notice of Right to Cure Default for Note #5, a copy of which is attached as Exhibit "K"to the Petition. 17. That Solon State Bank gave Defendant Mahoney Custom Homes, Inc., an Acceleration Notice dated August 22, 2017,a copy of which is attached as Exhibit"L"to the Petition. 18. The Plaintiff is the owner and holder of the Notes and the Mortgage securing the same. 19. The Notes and Mortgage provide for collection of the Plaintiff's attorney fees and collection of costs expended in collecting amounts due on the promissory note and in foreclosing the mortgage. The Plaintiff's attorney is filing an Affidavit of Attorney's Fees contemporaneously herewith. The Plaintiff's attorney fees are in the amount of$3,080.00. 20. The Plaintiff has expended the sum of$400.00 in abstract/title fees, $235.00 in court costs; $486.53 in process service fees;and is entitled to late fees of$295.00. 21. The interests or rights of all Defendants named in this action in and to the real estate which is the subject matter of this foreclosure proceeding are subordinate, junior and inferior to the Mortgagee's lien of the Plaintiff under the Mortgage, and as such, all are subject to extinguishment by foreclosure. 22. An original Iowa Mortgage Mediation Notice was attached to the Petition. {00225695} 5 , i 23. The Plaintiff requests foreclosure of the real estate. The Plaintiff has waived in personam judgment against the Borrower, Mahoney Custom Homes, Inc. 24. The real estate being foreclosed is commercial property and is not agricultural in nature ittnd is nit Iltk homestead of any party or any third person. 414 CJ► - ARGUMENTS AND AUTHORITIES gam 141. filetkgagtd Sion State Bank is foreclosing a real estate Mortgage. The Plaintiff is seeking in rem relief. The Plaintiff has incurred attorney's fees and collection costs, property tax advancements, late fees, service fees, court costs, and abstracting costs included in the sum of$650,173.97 now claimed owed by Plaintiff. II. Standards for Summary Judgment Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c). In Daboll v. Holden, 222 N.W.2d 727, 737 (Iowa 1974), the Iowa Supreme Court set forth the purpose behind summary judgment: "The purpose of the rule is to avoid useless trials. Where there is no genuine issue of fact to be decided, the party with a just cause should be able to obtain a judgment promptly and without the expense and delay of trial. In ruling on a motion for summary judgment, the court's function is to determine whether such a genuine issue exists, not to decide the merits of one which does." The court must examine the record in light most favorable to the party opposing the motion for summary judgment to determine if the movant has met this burden of establishing {00225695} 6 • there are no genuine issues of material fact. Motherly v. Hanson, 359 N.W. 2d 450, 453 (Iowa 1984). The purposes of summary judgment is to expedite litigation where there is no factual issue, and to forestall delaying tactics where there is no meritorious defense. Nagle Lumber Co. v. Better Built Homes, 160 N.W.2d 446, 447 (Iowa 1968). Summary judgment motions should be liberally interpreted in order to serve a just, speedy, and inexpensive determination of an action. Hanna v. State Liquor Control Comm'n, 179 N.W.2d 374, 375 (Iowa 1970). As the Court of Appeals has recently stated, summary judgment is a "watershed moment" in litigation; it is "the put up or shut up moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of the events." Sticks, Inc. v. Hefner, 829 N.W.2d 191 (Iowa Ct. App. 2013) (citing Rowedder v. Anderson, 814 N.W. 2d 580 594 gwa *2 FR art 2012)). v� C"! .,.,.. :< a. til n, a CONCLUSION = WHEREFORE, based upon the above and foregoing undisputed facts, argumentr4and legal authorities cited Plaintiff requests the Court grant the relief requested herein by the Plaintiff including the following specific relief,to wit: • J • •p 1. The Court enter Judgment in rem against the mortgaged real estate in.the sum of ! $650,173.97, plus interest on the aggregate principal sum of$614,186.01 It the.rate of $252.40 per day from and after December 12, 2017. Said amount includes abstracting/title search charges in the amount of$400.00, late fees of$295.00_:plus p court costs of$235.00, plus process service fees in the amount of$486.53, and:"plus reasonable attorney fees in the amount of $3,080.00, which should be assessed as court costs pursuant to §625.22 and/or §625.25, Iowa Code(2017) and for other costs hereafter incurred. 2. That the Court enter Judgment declaring Plaintiff's Mortgage to constitute a valid first lien on the subject real estate prior to and superior to any claims, rights, or interest of any Defendants in this matter and to foreclose the Mortgage upon the mortgaged real estate described above subject only to the redemption of the rights of the United States of America, in the amount of one year. {00225695} 7 . 3. The Court direct that a special execution issue following entry of Judgment and the docketing of the in rem Judgment by the Clerk of Court directing the sale of the foreclosed real estate by the Johnson County Sheriff or so much thereof as is necessary to satisfy the Judgment entered herein with interest, costs, including, but not limited to, reasonable attorney's fees, abstracting/title costs, court costs, late fees, service fees, and protective advancements by the Plaintiff and that at the time of Sheriff's Sale, a Sheriff's Deed issue to the purchaser of the mortgaged real estate, subject to the redemption rights provided above. 4. That the Court reserve jurisdiction that should the owner of the Sheriff's Deed be denied possession of the subject real estate by the Defendants or any third person or entity claiming an interest in and to the subject real estate by or through any one or more of the Defendants, then the Clerk of Court shall issue upon the request for the same a writ of removal, without the necessity of notice or hearing, to the Johnson County Sheriff commanding the Sheriff to put the holder of the Sheriff's Deed in possession of the foreclosed real estate. 5. That the Court recite in the Decree of Foreclosure that no third persons may obtain an ,..interest in and to the real estate being foreclosed hereunder after this action has been Indexed by the Clerk of Court pursuant to Iowa Code Section 617.11 (2017). i.. 6. --For such other orders and relief as the Court deems just and equitable in the premises, .Including the retention of jurisdiction for the purpose of clearing title objections, if any, arising in the future relative to this foreclosure proceeding and reservation through the foreclosure proceeding and redemption time period following Sheriff's -Sale for the purpose of appointing a receiver should one be sought by the Plaintiff or holder of the Deed from Sheriff's Sale. Respectfully Submitted, tr) /s/Ryan J.Prahm Ryan J.Prahm AT0010114 Pugh Hagan Prahm PLC 425 E. Oakdale Blvd, Suite 201 •Q _j>:. Coralville,IA 52241 '"? Phone:(319)351-2028 «..+,. — Fax:(319)351-1102 11.• v Email:rprahm@pughhagan.com r... c> ATTORNEYS FOR PLAINTIFF EDMS: CERTIFICATE OF SERVICE Steven Howes The undersigned certifies that the a true copy of this US MAIL: foregoing instrument was served upon all parties to the above cause to each of the parties of record Mahoney Custom Homes herein at their respective addresses disclosed on Attn:Keith Mahoney,Registered Agent December 12, 2017 by: 356 Windflower Lane#D {00225695} 8 Solon,IA 52333 x US.Mail OCM/ECF 01-land Delivered 0 Certified Mail City of Iowa City,Iowa X EDMS 0 E-Mail Attn: Kellie Fruehling,City Clerk Signature: /s/Cindy Steele 410 E. Washington St. Iowa City, IA 52246 Parties in Possession 356 Windflower Lane D-G Solon, IA 52333 Mahoney Custom Homes, Inc. 1384 Lakewoods Drive Swisher, IA 52338 p " >, C7 ••••.� --4 fir, rri tfl {00225695} 9 t LN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) No. EQCV079304 ) vs. ) ) PLAINTIFF'S AFFIDAVIT IN SUPPORT OF MAHONEY CUSTOM HOMES,INC.,OEHL ) MOTION FOR SUMMARY JUDGMENT PLUMBING& HEATING,INC., ) AND ENTRY OF FORECLOSURE DECREE CITY OF IOWA CITY,IOWA,AND ) PARTIES IN POSSESSION, ) ) Defendants. ) m ) a ) tfi r STATE OF IOWA ss. COUNTY OF JOHNSON ) } w I,the undersigned,being first duly sworn on oath,state that I am the Officer and President of Solon State Bank,the Plaintiff in the above-titled matter. I know of my own personal knowledge that promissory • note XXXX2141 in the original amount of $345,000.00, promissory note XXXX4195 in the original amount of$335,000.00, promissory note XXXX5464 in the original amount of$33,500.00, promissory note XXXX6274 in the original amount of$45,000.00, and promissory note XXXX1947 in the original amount of$336,000.00,all came to be in default and were accelerated. On November 2,2017, Solon State Bank advanced additional sums not previously accounted for in this matter to pay for outstanding real estate taxes. $5,951.00 was paid to cover the real estate taxes for Unit 356 D and has been added to the principal due on note XXXX2141 (now$183,258.04)and$12,699.00 was paid to cover the real estate taxes for units 356 E and 356 F and has been added to the principal due on note XXXX4195 (now $336,986.58). The balance due on all of the afore-mentioned promissory notes as December 11, 2017 was $650,173.97. Interest accrues on the unpaid principal sum of$614,186.01 from and after December 12,2017,at the rate of 15%per annum and$252.40 per day. {00225687} CL ; The promissory notes were secured by a Real Estate Mortgage dated January 7,2008,which was filed of record on August 5, 2008 in Book 4334, Page 188 in the Johnson County Recorder's Office, encumbering the following described real estate: LOT 102, FOX RIDGE-PART FOUR TO SOLON, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 49,PAGE 294,PLAT RECORDS OF JOHNSON COUNTY IOWA Excepting therefrom Units 356A, 356B, and 356C of Windflower Villas Condominiums Phase 2, according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010,in Book 4585,Page 179,in the Records of the Recorder of Johnson County,Iowa,together with - said unit's undivided interest in the common elements. ALSO DESCRIBED AS FOLLOWS: �..� Unit 356D of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime acC pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, Cly:a in Book 4585,Page 179, in the Records of the Recorder of Johnson QW County, Iowa, together with said unit's undivided interest in the -0---- common elements; $>,_ And e, Unit 356E of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, in Book 4585,Page 179,in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356F of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, in Book 4585,Page 179,in the Records of the Recorder of Johnson County, Iowa, together with said unit's undivided interest in the common elements; And Unit 356G of Windflower Villas Condominiums Phase 2,according to the Declaration of Submission to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa,recorded May 6,2010, (00225687) I ...� T n Q ' ■ -i C ) ...r,. C) - r in Book 4585,Page 179, in the Records of the Recorder of Johnson = 0 County, Iowa, together with said unit's undivided interest in the 5,„• •• LA common elements. Locally known as 356 Windflower Lane,Units D-G,Solon,IA 52333 I further state the real estate described is residential rental or speculative property and is commercial in nature and use,and the real property is not agricultural property nor the homestead of Borrower. I have reviewed the Plaintiff's Motion for Summary Judgment Entry of Foreclosure and Decree, _ Statement of Undisputed Facts and Memorandum, and the Attorney's Affidavit of Fees. I verify that the Bank has advanced the attorney fees, costs, and expenses described in the Attorney's Affidavit of Fees. The allegations in the pleadings are correct to the best of my understanding and belief. Further,affiant sayeth naught. Dated this jellay of December 2017. Solon State Bank :�.1 f �,4 HANNAH WeLKE y / 7:%),./7' commiss on Number 785179 B �[ My Commission ires 9 °" July 23,1020 D.NeilErusha,President -' •• rM Subscribed and sworn to before me this 1Z fL day of December, 2017, by D. Neil Erushaa '. President of Solon State Bank. //// BB.. / �/ad ---, �9� cl'i 6 ( •WIC tli Notary Public in and for the State of Iowa EDMS: Steven Howes CERTIFICATE OF SERVICE 3200 371"Ave SW Cedar Rapids,IA 52404 The undersigned certifies that the a true copy of Attorney for Oehl Plumbing&Heating,Inc. this foregoing instrument was served upon all parties to the above cause to each of the parties of US MAIL: record herein at their respective addresses Mahoney Custom Homes disclosed on Attn:Keith Mahoney,Registered Agent December PA 2017 by: 356 Windflower Lane#D Solon,IA 52333 X U.S.Mail aCM/ECF U Hand Delivered 0Certified Mail City of Iowa City,Iowa X EDMS 0E-Mail Attn:Kellie Fruehling,City Clerk 410 E.Washington St. Signature:/s/Cindy Stcege Iowa City,IA 52246 (00225687) • Parties in Possession 356 Windflower Lane D-G Solon,IA 52333 Mahoney Custom Homes,Inc. 1384 Lakewoods Drive Swisher,IA 52338 Lei _ W ICC ? F-- • COtria. 5.4 ,Y▪S {00225687} END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) DEBRA L. GOODLAXSON; SECRETARY OF ) NOTICE OF SHERIFF'S SALE HOUSING AND URBAN DEVELOPMENT; ) CITY OF IOWA CITY, IOWA; AND CAPITAL ) ONE BANK USA NA, ) Defendants. ) ) COMES NOW the Plaintiff, Bank of America,N.A. and respectfully states to the Court the following: 1. The Defendant, Sectretary of Housing and Urband Developmen t, requested to be notified of the Sheriff's Sale. 2. The Sheriffs Sale has been scheduled for July 11, 2017 9:30 a.m. WHEREFORE the Plaintiff advises the Defendant, Sectretary of Housing and Urban Development that the Sheriffs Sale has been scheduled for July 11, 2017 at 9:30 a.m. 0 Com-: N C___C ., C_,_i v‘c9-A- (- 1 v\c`A'C- -<r- in r I Cc► 1 -e eco L o 2 #2848942 1 ' ' i A . , ( Matt e y V 711 (A 0004515) Dav s Bro To - • 21 10th St., Ste. 1310 Des Moines, IA 50309 Telephone: (515) 288-2500 Facsimile: (515)243-0654 ATTORNEY FOR THE PLAINTIFF COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralvi]le, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City, Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 Capital One Bank USA NA 1 1 11 East Main Street, 16th Floor Richmond, VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herei at their respective a dresses disclosed on the pleadings on 4:y 20 y: .2'6.S.Mail 0 FAX 0 Hand Delivered 0 Overnight Courier 0 Federal Express 0 Other: y� ,B�Filed Signature: '�i'4" -1 FILED IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY VIIIAPR 21 P!1 2: 15 BANK OF AMERICA,N.A., ) EQUITY NO. EQCYfg ( ERK �1- ry. 101o�ar4 Plaintiff, ) ) vs. ) ) NOTICE OF INTENT TO FILE DEBRA L. GOODLAXSON; SPOUSE OF ) WRITTEN APPLICATION FOR DEBRA L. GOODLAXSON; SECRETARY ) DEFAULT OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) ) Defendants. ) ) TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 (Last Known Address) DATE OF NOTICE: April 4, 2017 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. EXHIBIT #2814537 .r Matti); !' u ' 'n ,$004515 The Davis Bro : er 215 11 tl - '• �3, 00 Des MA' ' . .' i 9-39,93 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920, ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942.) Disability coordinators cannot provide legal advice. FILED IN THE IOWA DISTRICT COURT FOR JOHNSON [UI K1 ! PM 2: 15 CITY CLERK BANK OF AMERICA,N.A., ) EQUITY NO. EQq03,9A6erry, 10 iA ) Plaintiff, ) ) vs. ) NOTICE TO THE COURT DEBRA L. GOODLAXSON; SECRETARY OF ) ) HOUSING AND URBAN DEVELOPMENT; ) CITY OF IOWA CITY, IOWA; AND CAPITAL ONE BANK USA NA„ ) ) Defendants. ) ) COMES NOW,the Plaintiff, Bank of America,N.A. and respectfully states to the Court the following in their Notice to the Court: 1. That on April 4, 2017, the Plaintiff mailed a Notice of Intent to Defendant, Debra L. Goodlaxson. A copy of the Notice of Intent is attached hereto as Exhibit"A". 2. The Notice of Intent expired on April 14, 2017. 3. The Defendant, Debra L. Goodlaxson has not filed an answer with the Clerk of Court to date. WHEREFORE the Plaintiff requests that the Court now consider the Plaintiffs proposed Foreclosure Decree, including the Plaintiff's Motion for Default Judgment as to the non- appearing Defendants. #2838490 FILED es, gin. I L E D /// ,,l ' a Matthew (AT0004515) 2. 15 215 10t r r =1/ uite 1300 a TY CLERK Des M,,ines, Iowa 50309-390D/A CITY, 10 Telep one: (515) 288-2500 Facsimile: (515) 243-0654 Email: MattLaughlin@davisbrownlaw.com Copies to: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa dto City Clerk or Mayor 410 E.Washington Street Iowa City, IA 52240 Capital One Bank USA NA 1111 East Main Street, 16th Floor Richmond,VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on 1.°1 ,20("7 by: 1 L .U.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier 0 Federal Express 0 Other: E-Filed Signature: a r # - •'''t IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) ) DISMISSAL OF DEFENDANTS DEBRA L. GOODLAXSON; SPOUSE OF ) DEBRA L. GOODLAXSON; SECRETARY ) OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) ) Defendants. ) ) COMES NOW the Plaintiff, Bank of Ame 'ca,N.A., and hereby voluntarily dismisses Spouse of Debra Goodlaxson and Parties in Poss=.,:ion a. party Defendants to this action without prejudice. lor r1 a -w '. aul, lin The 6 avis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 ^; Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrow: .laiv.corx 1 C>-i i ATTORNEY FOR PLAINTIFF -=f c-. -i-- i 7.<11-71 a a Ca #2823088 • x COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa do City Clerk or Mayor 410 E. Washington Street Iowa City,IA 52240 Capital One Bank USA NA 1111 East Main Street, 16th Floor Richmond,VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on rG t^ , ,20 t7 by: EtU.S.Mail 0 FAX ❑Hand Delivered ❑Overnight Courier ❑Federal Express ❑Other: E-Filed Signature: G/l —'1• -o rri . o #1978708 • . t IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) PLAINTIFF'S STATEMENT OF vs. ) UNDISPUTED MATERIAL FACTS ) DEBRA L. GOODLAXSON;SECRETARY ) OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; AND CAPITAL ONE BANK USA ) NA, ) ) Defendants. ) ) COMES NOW the Plaintiff, Bank of America,N.A., and respectfully states to the Court the following in support of its Statement of Undisputed Material Facts: 1. On or about July 15, 2005, Debra L. Goodlaxson made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Residential Mortgage Network, Inc. its one certain Promissory Note in writing for the sum of One Hundred Twenty-two Thousand Nine Hundred Sixteen and 00/100 Dollars ($122,916.00). 2. To secure the payment of the Note, the Defendant, Debra L. Goodlaxson, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Residential Mortgage Network, Inc. one certain Mortgage in writing dated July 15, 20 , which Mortgage was filed July 26,2005, said Mortgage being upon certain real estate tedli m.Y 1 Johnson County, Iowa,to-wit: Lot Ten (10) in Block Five (5), in Towncrest Addition to Iowa City, acedrd ng'to the recorded plat thereof #2823095 . 3. The Mortgage dated July 15, 2005 was recorded on July 26, 2005 in Book 3913 Page 947 of the Johnson County Recorder's records. 4. The Mortgage and Note provide that in case of default in the payment of any installment represented by the Promissory Note, the holder may declare the entire principal and the interest accrued thereon immediately due and payable, and the Mortgage may be foreclosed. 5. The Mortgage further provides that the holder thereof shall be entitled to collect all expenses of foreclosure including,but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts, and title reports. 6. The Defendant, Debra L. Goodlaxson,has failed to pay the Note and interest thereon as provided by the terms of the Note. 7. By reason of the failure to pay the Note and interest,the Plaintiff elected 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. 8. The unpaid balance due on the Note after allowing all credits due the Defendant is the sum of One Hundred One Thousand Nine Hundred Twenty-seven and 45/100 Dollars ($101,927.45), plus interest calculated from August 1, 2015 to March 1, 2017 with interest equaling $13.96 per day thereafter. 9. In order to commence this foreclosure proceeding, the Plaintiff has expended the sum of$225.00 for a Report of Title, $400.00 for expense advance, $4,220.34rfor escr-iw advances and $29.00 for corporate advances. -,; .r iT; ] In ./ 2 10. The Plaintiff's Mortgage is prior and superior to any interest of the Defendants named herein. 11. The Plaintiff gave a Notice of Right to Cure and more than thirty (30) days elapsed from the time the notice was given and the Foreclosure Petition was filed. 12. The Plaintiff has waived its right to a deficiency judgment. 13. Under the terms of said Note and Mortgage,the Defendant, Debra L. Goodlaxson, agreed to pay attorney's fees and all costs in co , - tion ith the proceeding to enforce or foreclose the Mortgage. II I ' .7 , . L. :.. in (AT0004515) e DBrown Tower 215 10th Street, Suite 1300 Des Moines, IA 50309-3993 Telephone: (515)288-2500 Facsimile: (515)243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF, Bank of America,N.A. OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. , The Davis Brown Tower 215 10th Street, Suite 1300 _ t, -� Des Moines, IA 50309-3993 = -=+ Telephone: (515) 288-2500 `i-‹ 3 4 . COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 Capital One Bank USA NA 1111 East Main Street, 16th Floor Richmond, VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on rGk ,20t7 by: 4U.S.Mail 0 FAX ❑Hand Delivered ❑Overnight Courier 0 Federal Express 0 Other: ELE-Filed Signature: G' rte) CDC" 771Z --. ,1 1 t --f o, fil ,,.1 #1978708 A . IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) PLAINTIFF'S MOTION PURSUANT vs. ) TO RCP 1.981 FOR SUMMARY ) JUDGMENT DEBRA L. GOODLAXSON; SECRETARY ) OF HOUSING AND URBAN ) AND DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; AND CAPITAL ONE BANK USA ) APPLICATION FOR ENTRY OF NA, ) DEFAULT PURSUANT TO RCP 1.972 ) Defendants. ) AND ) ) MOTION PURSUANT TO RCP 1.973 ) FOR DEFAULT JUDGMENT ) ) (Request for Oral Hearing) ) COMES NOW the Plaintiff, Bank of America,N.A., and respectfully states to the Court the following in support of its Motion for Summary Judgment, Application for Entry of Default and Motion for Default Judgment: 1. The Defendant, Secretary of Housing and Urban Development (herein referred to as Appearing Defendant), have heretofore filed their Appearance and Answer herein. 2. The Appearing Defendant has failed to raise in their pleadings any genuine issues of material fact for trial. = 'm.; 3. A written demand has not been filed to delay the sale by the Defendants and the mortgaged property is not used for an agricultural purpose and is a residence and is a one-family or two-family dwelling. #2823095 A 4. There exist no issues of material fact that would preclude the grant of summary judgment in favor of Plaintiff against the Appearing Defendants. 5. Plaintiff is entitled to judgment in its favor as a matter of law for the relief sought in the Foreclosure Petition. 6. Plaintiff submits herewith its Statement of Undisputed Material Facts, Memorandum Supporting this Motion for Summary Judgment,the Affidavit of its representative, and its Application for Attorney's Fees;the contents of which are incorporated herein by this reference as further support of its entitlement to judgment in this foreclosure proceeding as a matter of law. 7. The Defendants, Debra L. Goodlaxson, City of Iowa City and Capital One Bank USA NA, were served with Notice of Intent to File Written Application for Default pursuant to RCP 1.972(2)(a) by sending such Notice by ordinary mail to the last known address of the party claimed to be in default, and the party's attorney, if known, as evidenced by the attached Exhibit "A" and more than ten(10) days have elapsed since the sending of such Notices. 8. The Defendants listed below(the default Defendants)were served as shown below, and a responsive pleading was due as shown below, but have not served or filed a written Appearance, Motion or Answer as required by RCP 1.303 in this matter as evidenced-lay the attached Attestation of Court Calendar Search and are in default and the Plaintiff is entitled'teithe t entry of judgment in this case against them. z,--, 9. The Plaintiff has filed the appropriate Attestations pursuant to RCP 1.962 aw (Attestation of Identity), 1.972 (Nondisability Prisoner), 1.211 (Incompetent Prisoner)and Attestation of Nonmilitary Service and Attestation of Plaintiffs Lien: 2 A O.N. Appearance RCP Method Defendant Served Due Date of Service Debra L. Goodlaxson January 8, 2017 January 28, 2017 1.305 City of Iowa City, January 13, 2017 February 2, 2017 1.305 Iowa Capital One Bank January 16, 2017 February 5, 2017 1.305 USA NA 10. The Default Defendants have failed to appear and answer and are in default, and default should be entered of record. WHEREFORE, the Plaintiff, Bank of America,N.A., prays for judgment against the property the subject of this action, for the sum of One Hundred One Thousand Nine Hundred Twenty-seven and 45/100 Dollars ($101,927.45) plus interest thereon at the rate of 5.0%per annum from August 1, 2015 at the rate of$13.96 per day; and the sum of$225.00 for Report of Title, $400.00 for expense advance, $4,220.34 for escrow advances, $29.00 for corporate advances, and the costs of this action including reasonable attorney's fees of$1,850.00, and that said sums be declared a lien upon the premises above described from July 15, 2005, the date of the Plaintiff's Mortgage, prior and superior to any right,title, lien or interest of the Defendants or any of them thereon, that the Plaintiff's Mortgage be foreclosed; that any right,title, lien or interest of the Defendants or any of them in said premises be declared junior and inferior to the lien of the Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged 3 j premises or so much thereof as may be necessary to satisfy the judgment, including intgrest, costs and accruing costs, and that from and after the sale under special execution,the right, title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off, b2rred and 3 a , ► foreclosed and the purchaser at said sale take free and clear of any right, title, lien or interest of the Defendants or any of them. The Plaintiff further prays that a writ of possession be issued under the seal of this court directed to the Sheriff of Johnson County, Iowa, commanding him to put the purchaser at said sale under special execution or his successor in interest into immediate possession of the premises, pursuant to Section 654.20. The Plaintiff further requests an oral hear' • in thi- matter. h/ A .n '. ►.ughlin (AT0004515) The Da. s Bro ower 215 10th Street, Suite 1300 Des Moines, IA 50309-3993 Telephone: (515) 288-2500 Facsimile: (515)243-0654 Email: mattlaughlin@davisbrownlaw.coin ATTORNEY FOR THE PLAINTIFF, Bank of America,N.A. OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS &ROBERTS, P.C. • The Davis Brown Tower _ 215 10th Street, Suite 1300 Des Moines, IA 50309-3993 ,,,T, Telephone: (515)288-2500 4 I IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) ) NOTICE OF INTENT TO FILE DEBRA L. GOODLAXSON; SPOUSE OF ) WRITTEN APPLICATION FOR DEBRA L. GOODLAXSON; SECRETARY ) DEFAULT OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) ) Defendants. ) ) TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 (Last Known Address) DATE OF NOTICE: January 7, 2017 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. ti. 3 #2814537 i • 14 l Matt -w E. Laughli AT0004515 The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920, ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942.) Disability coordinators cannot provide legal advice. 2 A • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) ) NOTICE OF INTENT TO FILE DEBRA L. GOODLAXSON; SPOUSE OF ) WRITTEN APPLICATION FOR DEBRA L. GOODLAXSON; SECRETARY ) DEFAULT OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) ) Defendants. ) ) TO: City of Iowa City, Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 (Last Known Address) DATE OF NOTICE: February 7, 2017 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT J , RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. . ' C7 t • " ; • #2814537 ti ,2 M• -lirLaughlin AT0004515 T - D'avis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515)288-2500 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: If you need assistance to participate in court due to a disability,call the disability coordinator at 319-398-3920, ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942.) Disability coordinators cannot provide legal advice. U� 9 ri 2 ! IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) ) NOTICE OF INTENT TO FILE DEBRA L. GOODLAXSON; SPOUSE OF ) WRITTEN APPLICATION FOR DEBRA L. GOODLAXSON; SECRETARY ) DEFAULT OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) ) Defendants. ) ) TO: Capital One Bank USA NA 1111 E. Main Street, 16th Floor Richmond,VA 23219 (Last Known Address) DATE OF NOTICE: February 7, 2017 (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPOtTANT 11 RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. y�; l „ Y 1 � , {.7 #2814537 t I Ma -' Fr. aughlin AT0004515 T Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN,KOEHN, SHORS & ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920, ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942.) Disability coordinators cannot provide legal advice. 2 1 1 COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 Capital One Bank USA NA 11 1 1 East Main Street, 16th Floor Richmond, VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on rG I^ 7 ,2017 by: (>&U.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier ❑Federal Express ❑Other: aE-Filed Signature: C:� is 41978708 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) ) PLAINTIFF'S MEMORANDUM DEBRA L. GOODLAXSON; SECRETARY ) SUPPORTING MOTION OF HOUSING AND URBAN ) FOR SUMMARY JUDGMENT DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; AND CAPITAL ONE BANK USA ) NA, ) ) Defendants. ) ) LAW POINT THE PLAINTIFF IS ENTITLED TO FORECLOSURE ON THE REAL ESTATE MORTGAGE WHICH SECURES THE PAYMENT OF THE NOTE MADE AND EXECUTED BY THE DEFENDANTS BECAUSE THE DEFENDANTS HAVE FAILED TO PAY THE NOTE ACCORDING TO ITS TERMS AND TO PERFORM OTHER COVENANTS CONTAINED THEREIN. AUTHORITIES Iowa Code § 654 Iowa Rule of Civil Procedure 1.981 ' Collin v. Nagle, 200 Iowa 562, 203 N.W. 702 (1925) ...3 �b r Bank of Omaha v. Wilmarth, 218 Iowa 339, 252 N.W. 507 (1934) Coffin v. Younker, 196 Iowa 1021, 195 N.W. 591 (1923) - Davis v. Travelers Insurance Co., 196 N.W.2d 526 (Iowa 1972) Clay County v. Incorporated City of Spencer, 268 N.W.2d 493 (Iowa 1978) #2823095 1 Y Humboldt Livestock Auctions, Inc. v. B & H Cattle Co., 155 N.W.2d 478 (Iowa 1967) 59 CJS Mortgages, § 492 59 CJS Mortgages, § 495 DISCUSSION The general prerequisites to the right of foreclosure are that there be a valid mortgage securing a debt or duty which remains wholly or in part unpaid or unperformed and by which some kind of estate or title has been conveyed to the Mortgagee as security and that there may be a breach of a condition of the mortgage. Iowa Code § 654; 59 CJS Mortgages, § 492. In the present case, the Defendants made, executed and delivered a certain Promissory Note to the Plaintiff, the payments of which were secured by a Mortgage on real estate located in Johnson County, Iowa. It is also generally recognized that where an agreement exists between the parties to the effect that the entire debt shall or may, at the election of the mortgagee,become due on a partial default in payment of the mortgage debt, or an installment thereof, or failure to observe any other covenant in the mortgage instrument, foreclosure may be had for the entire amount on such default. Collin v.Nagle, 200 Iowa 562, 203 N.W. 702 (1925); 59 CJS Mortgages, § 495. The Mortgage in this case plainly states that if a default occurs in the payment of the indebtedness that is secured,or any part of the interest thereon,then, at the option of Mortgagee, the Note and the whole of the indebtedness secured by the Mortgage shall become due and e©llectible at once by foreclosure or otherwise after such default or failure. -%i , 2 The Note also provides upon nonpayment of any installment on its due date, all remaining installments shall, at the option of the holder, become immediately due and payable. Thus, a mortgage containing an acceleration clause gives the mortgagee the right to commence an action to recover the entire amount of principal and interest due. Bank of Omaha v. Wilmarth, 218 Iowa 339, 252 N.W. 507 (1934); Collin v. Nagle, 200 Iowa 562, 203 N.W. 702 (1925); Coffin v. Younker, 196 Iowa 1021, 195 N.W. 591 (1923). Summary judgment is appropriate in the present situation where the Defendants have failed to raise in their pleadings any genuine issues of material fact for trial. The purpose of summary judgment is to enable a party with a just cause of action to obtain judgment without the unnecessary delay and expensive trial where there is no genuine issue of material fact present. Clay County v. Incorporated City of Spencer, 268 N.W.2d 493 (Iowa 1978); Davis v. Travelers Insurance Co., 196 N.W.2d 526 (Iowa 1972). It has been held that summary judgment may be entered in an action upon any claim to recover a money demand which is liquidated and which arises on a negotiable instrument or contract. Humboldt Livestock Auctions, Inc. v. B & H Cattle Co., 155 N.W.2d 478 (Iowa 1967); Iowa Rule of Civil Procedure 1.981. The amount claimed due is a"liquidated demand" within summary judgment if it is susceptible of being made certain in amount by mathematical calculation from factors which are or ought to be in the possession or knowledge of the party to be charged. Humboldt, supra. Judgment entered on a summary judgment motion depends on whethek.there i5`,any real' issue of fact as disclosed by affidavits of those having knowledge of the circumstances; Humboldt, supra. The best evidence of the facts concerning the transaction and occurrence 3 r which is the subject matter of the present action are the documents themselves, that is to say the Note and Mortgage. The Plaintiff submits these documents, its pleadings and Affidavit in Support of Motion for Summary Judgment. CONCLUSION No genuine issue of material fact exists concerning the Defendants' liability on the Promissory Note and Real Estate Mortgage held by the Plaintiff. The Plaintiff,therefore, respectfully prays for summary judgment in its favor to which it is entitled as a matter of law, costs and accruing costs against the Defendants, and such further and equitable relief as is deemed just by the Court. ,1pA ly submitted, F - E:tughlin JD: is Brown Tower 2 5 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR PLAINTIFF a OF COUNSEL: " l DAVIS, BROWN, KOEHN, `"' ` SHORS &ROBERTS, P.C. . The Davis Brown Tower = � 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 4 COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City, Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 Capital One Bank USA NA 1111 East Main Street, 16th Floor Richmond, VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on 1r�4 rG4• ' ,20t7 by: Et U.S.Mail ❑ FAX ❑Hand Delivered 0 Overnight Courier ❑Federal Express ❑Other: C SSE-Filed Signature: � i fa • #1978708 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 Plaintiff, ) vs. ) ) ATTESTATION OF COURT DEBRA L. GOODLAXSON; SECRETARY ) CALENDAR SEARCH OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; AND CAPITAL ONE BANK USA ) NA; and , ) Defendants. ) COMES NOW Matthew E. Laughlin, attorney for the Plaintiff in the above-captioned matter, and states to the Court as follows: that the docket and court calendar of the Iowa District Court for Johnson County have been examined by Stephanie Watrous, Paralegal,by checking Iowa Courts Online at my request and no appearance, motion or answer have been filed or are on file by or on behalf of the Defendants, Debra L. Goodlaxson, City of Iowa City and Capital One Bank USA NA. I certify under penalty of perjury and pursuant to the law: of the S ate of Iowa that the preceding is true and correct. Date Ma ew '. a g lin #2823095 COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City,IA 52240 Capital One Bank USA NA 1111 East Main Street, 16th Floor Richmond,VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on M,;a rc.te+ , ,2o17 by: 4U.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier ❑Federal Express 0 Other: SE-Filed Signature: EE 74, #1978708 � � w IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 Plaintiff, ) ) ATTESTATION OF ACTIVE vs. ) MILITARY STATUS ) AND DEBRA L. GOODLAXSON; SECRETARY ) ATTESTATION OF IDENTITY OF OF HOUSING AND URBAN ) DEFENDANTS PURSUANT TO DEVELOPMENT; CITY OF IOWA CITY, ) RCP 1.962 ATTESTATION OF NON- IOWA; AND CAPITAL ONE BANK USA ) DISABILITY,NON-PRISONER AND NA, ) RCP 1.211 AND ATTESTATION OF ) PLAINTIFF'S LIEN Defendants. ) I, Matthew E. Laughlin, state that I am the attorney of record for the Plaintiff in the above-entitled action; that I have fully read the Petition in the above-entitled action; and that I am familiar with the facts concerning this transaction. I further state the full names and addresses of the following Defendant, together with their social security number has been provided by the Plaintiff: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 ® I further state that the above referenced Defendant is NOT in the military service of the United States of America. A copy of the search is attached hereto and incorporated herein by this reference.: .0 1 ® Plaintiff is unable to determine whether or not the following Defendants are in tht military service. • r I 42823095 M Secretary of Housing and Urban Capital One Bank USA NA Development 1111 East Main Street, 16th Floor Richmond, VA 23219 City of Iowa City, Iowa do City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 I further state the full names and addresses of the following Defendant,together with their social security number has been provided by the Plaintiff: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 I further state that the above referenced Defendant is not entitled to the protection of a defense pursuant to RCP 1.211 and is not under any legal disability, is not a prisoner in a reformatory or penitentiary. I further state that any right,title, lien or interest of all of the Defendants herein, in the subject property is junior and inferior to the Plaintiffs security interest. I certify under penalty of perjury and pursuant to the la . of the State of Iowa that the preceding is true and correct. / I -))( 3(1 t Date trEl Laughlin tle: Attorney I G� ‘0— .-11 ti) 2 4 E.epartment of Defense Manpower Data Center Results as of:Mar-03-2017 12:31:24 PM SCRA 3.0 vsl air p� 14,2 4. = " f Status Report ., Pursuant to Servicemembe s Civil Relief Act SSN: IIIIIIIIIIIP Birth Date: Last Name: GOODLAXSON First Name: DEBRA Middle Name: Active Duty Status As Of: Mar-03-2017 On Active Duty On Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA NA No - NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to ActNe Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. • ,7 ti / Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ' ., • -:a , y The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service.Service contact information can be found on the SCRA website's FAQ page(Q33)via this URL:https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: FD2FS7DFL4E0910 t y ' COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa d/o City Clerk or Mayor 410 E. Washington Street Iowa City,IA 52240 Capital One Bank USA NA 1111 East Main Street, 16th Floor Richmond, VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on 11/t -rc.k 177 ,20 t7 by: U.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier ❑Federal Express 0 Other: ElsE-Filed Signature: (!� • • #1978708 I IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) vs. ) ) APPLICATION FOR ATTORNEYS FEES DEBRA L. GOODLAXSON; SECRETARY ) AND STATEMENT FOR TITLE COSTS OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; AND CAPITAL ONE BANK USA ) NA, ) ) Defendants. ) ) COMES NOW the Plaintiff, Bank of America, N.A., and in support of its Application for Allowance of Attorney's Fees states as follows: 1. The Foreclosure Petition was filed with the Clerk of Court of the Iowa District Court of Johnson County, Iowa, on January 3, 2017. 2. The Real Estate Mortgage which forms the basis of this action and the Promissory Note thereto provides for the allowance of attorney's fees in connection with the enforcement of the Defendants' obligations. 3. The Plaintiff's attorney has on file with the Court an Attestation for Attorney's Fees in this case. 4. When judgment is recovered upon a written contract containing an agreement to pay an attorney's fee, the Court shall allow and attach as part of the costs reason le attorney'S _ . r ti fees to be determined by the Court. See Iowa Code § 625.22 (2003). #1978708 r 5. Attached to this Application and marked as Exhibit"A", is an itemization of attorney's time spent in connection with this action. The reasonable value of the attorney's time is $1,850.00. 6. The Plaintiff, Bank of America,N.A., ordered a report of title in connection with this action. The costs for reports of title are $225.00. WHEREFORE,the Plaintiff, Bank of America,N.A., respectfully requests the Court to grant the sum of$1,850.00 and costs for reports of title of$225.00 as part of the judgment which may be entered herein. •FrIp. E. Laughlin The D.vis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS &ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 • Des Moines, Iowa 50309-3993 e, Ci 2 I r In Account With DAVIS,BROWN,KOEHN, SHORS,&ROBERTS,P.C. Attorneys and Counselors at Law The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Federal I.D. No. 42-1343884 March 2, 2017 Bank of America,N.A. Professional Services rendered for the following: Re: Debra L. Goodlaxson Foreclosure Order title report from abstracter and send initial letter re: foreclosure: to borrower. Review title report and client documents; draft worksheet; draft and edit petition and filing the same Draft Attestation of Identity and search DOD website. Draft Original Notices to e-file Review filed petition and prepare: for service; draft Directions for process re: service; perform diligent search for addresses; draft letters to process server re: service; draft order continuation of title. Update status to client. Review updated title report re: intervening liens and listing in Lis Pendens. Multiple communications with client. Check Iowa Courts Online for Answers. Figure judgment amount; draft judgment documents. Draft Exhibit"A" Statement of Attorney Fees and attach to Application for Attorney Fe#,., Participate in judgment hearing Update status of Judgment to client. ATTORNEY FEES $1,850.00 EXHIBIT"A" #1978708 w r COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 Capital One Bank USA NA 1 1 11 East Main Street, 16th Floor Richmond, VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on A/t�=rC.t'• 7 ,20 i7 by: 4U.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier ❑Federal Express ❑Other: E-Filed Signature: , I #1978708 f IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) ) AFFIDAVIT IN SUPPORT OF vs. ) JUDGMENT ) DEBRA L. GOODLAXSON; SPOUSE OF ) DEBRA L. GOODLAXSON; SECRETARY ) OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) ) Defendants. ) ) STATE OF California) Orange) ss: COUNTY OF Elizabeth A.Ostermann . being first duly sworn on oath, hereby depose and state that I am a Vice President of Carrington Mortgage Services LLC, as servicer and attorney in fact on behalf of Bank of America,N.A.,that I am familiar with the facts concerning this transaction and occurrence, and that the statements contained therein are true and correct as I verily believe. I further state that Debra L. Goodlaxson, made and executed the Promissory Note and that the consideration for said note was a $122,916.00 loan. I further state that Debra L: • Goodlaxson,executed and delivered the Real Estate Mortgage upon the real estate located in • . Johnson County, Iowa. + ; #2814536 h I further state that Debra L. Goodlaxson, failed to pay the Note with interest as provided by the terms of the Note, and the unpaid balance due on the Note after allowing all credits to the Defendant, Debra L. Goodlaxson, is in the sum of$101,927.45 plus interest at the rate of 5.0% per annum calculated from August 1, 2015 to March 1, 2017 in the amount of$8,069.30, and $400.00 for expense advance, $4,220.34 for escrow advances and$29.00 for corporate advances; plus the costs of this action. CARRINGTON MORTGAGE SERVICES, LLC AS SERVICER AND ATTORNEY IN-FACT ON BEHALF OF BANK OF AMERICA,N.A. 2-11kA -ziat Elizabeth A.Ostermann 1t SCRA Carrington Mortgage Services,LLC,Attorney in Fact Subscribed and sworn beforFyne by this day of , 2017. �� n ••tary Public, State of L^ \ 1 • r.) #2472242 tl s >Iit A notary public or other officer completing this certificate verifies only the identity of the individual CALIFORNIA JURAT who signed the document,to which this certificate is attached,and not the truthfulness,accuracy,or validity of that.document. State of California County of Orange � fQlorLGIti Subscribed and sworn to(or affirmed)before me on this ��P dayof J 201 , by Elizabeth A. a proved to me on the basis of satisfactory evidence to be the person who appeared before me. WHENY WUTANDARI Commission IP 2045881 4 t Notary Public-California 1 Z "r.." d Orange County My Comm.Ex fres Oct 17 2017 '"a- 1C/ (Notary Seal) Signature OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM The wording of a!!finals completed in California after January 1,MOB must be in the form as set forth-within this Juror.There sue no exceptions.If a Jurat to be completed does not follow this Joint, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat fora such as this one which does contain proper wording. lar DESCRIPTION OF THE ATTACHED DOCUMENT addition,the notary must require an oath or affirmation from rhe document signer regarding the ntuhfahress of the contents of the document. The t,,.k document must be signed AFTER the oath or affirmation.It the document was (Title or description of attached doctuueut i previously segued,n must be re-signed in front of dee norm~public during the Juror process. (Title or description of attached doctumenr continued) • State and County information must be the State and County where the 241 cumenu signer(s)personally appeared before the notary public. umber of Panes V' Document Date FEB fl L tate of notarization must be the date that the signer(s)personally appeared Nwhich must also be the same date the jurat process is completed. • Print the name(s)of document signer(s)who personally appear at the time of notarization. (Additional information) • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photograplucally'reproducible. Impression must not cover text or lines.If seal impression smudges.re-seal if a sufficient area permits.otherwise complete a different jurat four. t Additional information is not required but could help,fo ensure this jurat is not misused or attached to a different clocuntenq • Indicate title or type of attached document;dumber of pages and pate • Securely attach this document to the signed document rt 1 li COPIES TO: Debra L. Goodlaxson 704 13th Ave. Coralville, IA 52241 William C. Purdy EDMS Attorney for Secretary of Housing and Urban Development City of Iowa City,Iowa c/o City Clerk or Mayor 410 E. Washington Street Iowa City, IA 52240 Capital One Bank USA NA 1 1 11 East Main Street, 16th Floor Richmond,VA 23219 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on f^ 7 ,20 t77 by: EtU.S.Mail ❑ FAX ❑Hand Delivered ❑Overnight Courier ❑Federal Express ❑Other: !4 aE-Filed ,---J Signature: _ V J #;1978708 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 Plaintiff, ) vs. ) ) NOTICE OF INTENT TO FILE DEBRA L. GOODLAXSON; SPOUSE OF ) WRITTEN APPLICATION FOR DEBRA L. GOODLAXSON; SECRETARY ) DEFAULT OF HOUSING AND URBAN ) DEVELOPMENT; CITY OF IOWA CITY, ) IOWA; CAPITAL ONE BANK USA NA; and ) PARTIES IN POSSESSION, ) Defendants. ) TO: N City of Iowa City, Iowa do City Clerk or Mayor 410 E. Washington Street `'{ orT1 -71 Iowa City, IA 52240 --,,c-, (Last Known Address) -cJ y P l DATE OF NOTICE: February 7, 2017 r,=' (Date of Mailing) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. C .A. C`� #2814537 jj9 M. 1 :� '7 La ghlin AT0004515 T - ►avis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: mattlaughlin@davisbrownlaw.com ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. o The Davis Brown Tower -� 215 10th Street, Suite 1300 ', rri r.0 Des Moines, Iowa 50309-3993 (-)--‹ , -- Telephone: —Telephone: (515)288-2500 r- r' r IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. Note: If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920, ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942.) Disability coordinators cannot provide legal advice. 2 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY S.M. Hentges & Sons Inc. and Shank Law No.: Constructors, Inc., Plaintiffs, vs. ORIGINAL NOTICE Joseph J. Henderson & Sons, Inc.., Continental Casualty Company,ar(City of Process erver ✓ �7 IOWA City, T�rree: �jri0ata: Address of Serve: Defendants. Person served:__ 1 Substitute or.orate 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 defendant in this action. A copy of the petition (and any documents filed with it) is attached to this Notice. The attorney for the plaintiff is Matthew T.Collins of Fabyanske,Westra, Hart & Thomson, P.A., 333 South Seventh Street, Suite 2600, Minneapolis, MN 55401. The attorney's phone number is (612)359-7600; facsimile number(612) 359-7602. 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,judrtent by default will be rendered against you for the relief demanded in the Petition. ,J ya- If you require the assistance of auxiliary aids or services to participate in court because of _+. a disability, immediately call your district ADA coordinator (If you:are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). J (SEAL) CLERK OF COURT Johnson County Courthouse Iowa City, IA 50511 —IMPORTANT— YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS Kc C,c,', Cy vIA 1 r vv�C STATE OF IOWA JUDICIARY Case No. LACV078676 caunry Johnson Case Title SM HENTGES & SONS,ET AL V JJ HENDERSON & SONS THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at httpllwww.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:htto:Ilwww.iowacourts,state.ia.us/Efile Scheduled Hearing: • If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)398-3920 . (If you are hearing Impaired,call Relay Iowa TTY al 1-800-735-2942.) Dote Issued 01/30/2017 10:33:40 AM o4:bt3TR��, • W.�`, S.'041440 At:d0N- uy41 —Lvisto- District Clerk of Johnson County Isl Wendy Lonngren E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY S.M. Hentges & Sons Inc. and Shank Law No.: Constructors,Inc., Plaintiffs, PETITION vs. w� Joseph J. Henderson & Sons, Inc., --, s Continental Casualty Company, and City of • Iowa City, Defendants. —4' 1>" Plaintiffs S.M. Hentges& Sons Inc. ("Hentges")and Shank Constructors, Inc. ("Shank"), by and through their attorneys,Fabyanske, Westra, Hart&Thomson, P.A., and for their cause of action against Defendants Joseph J. Henderson & Sons, Inc. ("JJH"), Continental Casualty Company("Continental"),and the City of Iowa City(the"City"),state: GENERAL ALLEGATIONS COMMON TO ALL COUNTS 1. Hentges is a Minnesota construction company and licensed and authorized to conduct business in Iowa. 2. Shank is a Minnesota construction company and licensed and authorized to conduct business in Iowa. 3. JJH is an Illinois construction company and licensed and authorized to conduct business in Iowa. 4. Continental is an Illinois insurance company and licensed and authorized to conduct business in Iowa. 3602504v1 1 E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT 5. The City is a public corporation authorized by law to enter into construction contracts for public improvements and owns the public improvement construction project that is the subject of this action. 6. On or about April 16, 2012, JJH entered into a construction contract with the City for certain improvements for the Iowa City Wastewater Treatment Facilities Consolidation project at 4366 Napoleon Street Southwest, Iowa City, Iowa(the"Project"). 7. Under Iowa Code Chapter 573, Continental, as surety, issued a Performance and Payment Bond naming JJH as principal, the City as oblige, and bearing Bond Number 929548461. 8. Under Iowa Code Chapter 573, the City and Continental are proper parties to this action. 9. On or about May 29, 2012, Hentges and JJH entered into a subcontract agreement for certain site utility and excavation work on the Project(the"Hentges Subcontract"). 10. Hentges performed its obligations under the terms of the Hentges Subcontract. 11. Hentges submitted invoices and related documentation to JJH detailing the specific work performed by Hentges on the Project and pursuant to the Hentges Subcontract. 12. JJH received the benefit of the work performed by Hentges under the Hentges Subcontract. 13. Despite repeated demand, JJH has failed and refused to pay Hentges for its work on the Project and under the Hentges Subcontract. 14. JJH's failure to pay Hentges is a material breach of the Hentges Subcontract. 15. On or about December 6, 2016, the City adopted a resolution of Completion and Final Acceptance of the Project. 3602504v1 2 E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT 16. Pursuant to Iowa Code Chapter 573, on January 3, 2017, Hentges provided Notice of Claim to JJH,the City,and Continental. 17. Upon information and belief, the City is holding money for the payment of subcontractors and suppliers on the Project that should be paid to Hentges for the work it performed on the Project. I8. Hentges has completed its work under the Hentges Subcontract and has performed all conditions precedent to JJH's obligation to pay for that work. 19. The total amount due and owing Hentges for its work on the Project is over $502,369.06,the exact amount to be proven at trial. 20. Under Iowa Code Chapter 573 and Iowa law, Hentges is entitled to recover interest,costs,and attorneys' fees. 21. Under Iowa Code Chapter 573, Hentges is entitled to receive payment from any unpaid funds being held by the City for the Project. 22. Under Iowa Code Chapter 573, if the unpaid funds held by the City are not sufficient to pay the amount due and owing to Hentges, Hentges is entitled to judgment against Continental for any remaining amounts unpaid to Hentges. 23. On or about July 20, 2012, Shank and JJH entered into a subcontract agreement for certain process piping work on the Project(the"Shank Subcontract"). 24. Shank performed its obligations under the terms of the Shank Subcontract. 25. Shank has submitted invoices and related documentation to JJH detailing the specific work performed by Shank on the Project and under the Shank Subcontract. 26. JJH received the benefit of the work performed by Shank under the Shank Subcontract. 3602504v 3 E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT 27. Despite repeated demand, JJH has failed and refused to pay Shank for its work on • the Project and under the Shank Subcontract. 28. JJH's failure to pay Shank is a material breach of the Shank Subcontract. 29. On or about December 6, 2016, the City adopted a resolution of Completion and Final Acceptance of the Project. 30. Under Iowa Code Chapter 573, on December 22, 2016, Shank provided Notice of Claim to JJH,the City,and Continental. 31. Upon information and belief, the City is holding money for the payment of subcontractors and suppliers on the Project which should be paid to Shank for payment for the work it performed on the Project. 32. Shank has completed its work under the Shank Subcontract and has performed all conditions precedent to JJH's obligation to pay for that work. 33. The total amount due and owing Shank for its work on the Project is over $268,282.26,the exact amount to be proven. 34. Under Iowa Code Chapter 573 and Iowa law, Shank is entitled to recover interest, costs, and attorneys' fees. 35. Under Iowa Code Chapter 573, Shank is entitled to receive payment from any unpaid funds being held by the City for the Project. 36. Under Iowa Code Chapter 573, if the unpaid funds held by the City are not sufficient to pay the amount due and owing to Shank, Shank is entitled to judgment against Continental for any remaining amounts unpaid to Shank. �' rn k , • v 3602504v1 4 E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT COUNT I Payment of Labor and Materials on Public Improvement (Iowa Code Ch. 573) 37. Paragraphs 1 -36 are realleged and incorporated herein by reference. 38. Plaintiffs, under contract with the principal contractor, JJH, performed labor, furnished materials,and provided services in constructing a public improvement. 39. The owner of the Project was Defendant Iowa City and Iowa City has withheld funds for the payment of subcontractor claims for work performed on the Project, 40. Continental provided Bond No. 929548461 for the payment of monies owed to subcontractors for work on the Project. 41. JJH failed to pay Plaintiffs for their labor, materials, and service in constructing the public improvement under Iowa Code Ch. 573. 42. Plaintiffs filed a complaint after the expiration of thirty days and not later than sixty days following the completion and final acceptance of the Project. 43. JJH's failure to pay Plaintiffs is a proximate cause of damages suffered by Plaintiffs. 44. Hentges has suffered damages not less than $502,369.06, plus interest allowable under the law,and attorneys' fees permitted under Iowa Code Ch. 573. 45. Shank has suffered damages not less than $2, plus interest allowable under the law,and attorneys' fees permitted under Iowa Code Ch. 573. WHEREFORE, Plaintiffs respectfully request that the Court enter an order that: Hentges shall be entitled to judgment on Count I in an amount not less than $502,369.06, plus interest, and that Shank shall be entitled to judgment on Count I in an amount not less than $268,282.26, plus interest; the judgments shall be paid from unpaid Project funds held by the City;the balance 3602504v1 5 E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT of any amounts not paid by the City shall be a judgment against Continental and the Bond No. 929548461; that Plaintiffs be awarded its reasonable attorneys' fees, costs, and disbursements; and for any other such relief the Court deems just and proper. CLAIM II (Breach of Contract) 46. Paragraphs 1-41 are realleged and incorporated herein by reference. 47. Hentges entered into the Hentges Subcontract with JJH on May 29, 2012, whereby Hentges was to provide site and utility work on the Project for payment from JJH. 48. JJH breached the Hentges Subcontract by failing and refusing to pay Hentges for its work on the Project. 49. Hentges performed all conditions necessary under the Hentges Subcontract. 50. Due to JJH's breach of contract, Hentges has suffered damages. 51. Shank entered into the Shank Subcontract on July 20, 2012, with JJH whereby Shank was to provide process piping work on the Project for payment from JJH. 52. JJH breached the Shank Subcontract by failing and refusing to pay Shank for its work on the Project. 53. Shank performed all conditions necessary under the Shank Subcontract. 54. Due to JJH's breach of contract, Shank has suffered damages. WHEREFORE, Plaintiffs respectfully request that the Court enter an order that: Plaintiffs shall be entitled to judgment on Count II in an amount that will compensate them, plus interest; that Plaintiffs be awarded its reasonable attorneys' fees, costs, and disbursements; and for any other such relief the Court deems just and proper. • r -: • IN) 3602504v1 6 '7 E-FILED 2017 JAN 27 3:36 PM JOHNSON-CLERK OF DISTRICT COURT COUNT HI (Quantum Meruit/Unjust Enrichment) 55. Paragraphs 1-50 are realleged and incorporated herein by reference. 56. JJH received the benefit of Hentges's work on the Project without compensating Hentges under the Hentges Subcontract. 57. JJH is liable to Hentges in an amount over $50,000.00 under the doctrines of unjust enrichment/quantum meruit. 58. JJH received the benefit of Shank's work on the Project without compensating Shank under the Shank Subcontract. 59. JJH is liable to Shank in an amount over$50,000.00 under the doctrines of unjust enrichment/quantum meruit. WHEREFORE, Plaintiffs respectfully request that the Court enter an order finding that: Plaintiffs shall be entitled to judgment on Count III in an amount that will fully compensate them, plus interest; that Plaintiffs be awarded its reasonable attorneys' fees, costs, and disbursements; and for any other such relief the Court deems just and proper. JURY DEMAND The above named Plaintiffs do request a trial by jury on all issues properly triable thereto. FABYANSICE,WESTRA,HART&THOMSON, P.A. Dated: January 27,2017 By: /s/Matthew T. Collins Matthew T. Collins AT0012914 mcollins@fwhtlaw.com 333 South Seventh Street, Suite 2600 Minneapolis, MN 55402 (612)359-7600(P) (612)359-7602 (F) ATTORNEYS FOR PLAINTIFFS 3602504v1 7 HSPS Legal Services Job: 1234650 Due: 02/02/2017 1927 Keokuk St-Lower Level Recipient: City of Iowa City Iowa City, IA 52240 Phone 3193542010 Server: Tom Boyle Fee: �z Client: Excel Legal Courier `'` Case LACV078676 Plaintiff S.M. Hentges&Sons Inc.and Shank Constructors, Inc. Court JOHNSON COUNTY DISTRICT COURT Defendant Joseph J.Henderson&Sons, Inc.;Continental Casualty Company;City of Iowa City Documents Original Notice; Petition Instructions SERVE TO 1 HE CITY CLERK ONLY. BE SURE TO GET THE FULL NAME OF THE CITY CLERK. Address City of Iowa City 410 E Washington St,Iowa City, IA 52240 Date&Time: Description of Service/Recipient: Ifir Age: Ethnicity: Gender: Weight: Height Hair: Eyes: Relationship: f' y-- Jki, lie 1/74r/ rcas: Li._ �. I hereby acknowledge receipt of C"...J above listed Documents HSPS Legal Services Job: 1177531 Due: 01/15/2017 1927 Keokuk St- Lower Level Recipient: City of Iowa City,Iowa Iowa City,IA 52240 Phone 3193542010 Server: Tom Boyle Fee: Client: DavisBrown Law Firm Case EQCV078602 Plaintiff Bank of America,N.A. Court JOHNSON COUNTY DISTRICT COURT Defendant Debra L.Goodlaxson;Spouse of Debra L.Goodlaxson;Secretary of Housing and Urband Development;et-al; Documents Original Notice;Foreclosure Petition;Exhibit(s) Instructions City Clerk Address City of Iowa City,Iowa 417 S.Clinton St., Iowa City, IA 52240 Date&Time: Description of Service/Recipient: -'.-i34/7 ` .1 C, ,w� 7 Age: Ethnicity: Gender: Weight Height Hair: Eyes: Relationship: brfe Vor4c--/ as hereby eckriowtedge recei t of above listed Documents IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 ) Plaintiff, ) • ) vs. ) ORIGINAL NOTICE DEBRA L. GOODLAXSON; SPOUSE OF ) z?c� ml DEBRA L. GOODLAXSON; SECRETARY OF ) "`'"" • - HOUSING._ .URBAN DEVELOPMENT; ) • CITY OF IOWA CITY,TOW CAPITAL ONE ) I BANK USA NA; and PARTIES IN `_.. ., POSSESSION, ) — ':w? ) :sp .:-- Defendants. ) ) TO THE ABOVE-NAMED DEFENDANTS You are notified there was on the 3rd day of January , 2017 filed in the office of the • Clerk of the above-named Court,a Petition,copies of which are attached hereto. Johnson County District Court utilizes the Electronic Document Management System. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular, Division VI regarding the protection of personal information in court filings. The Plaintiff's attorney is Matthew E. Laughlin,whose address is The Davis Brown Tower,215 10th Street, Suite 1300, Des Moines,Iowa 50309-3993, Phone: (515)288-2500, Facsimile: (515)243- 0654. You must, within 20 days after service of this Original Notice upon you,serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City,Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability,call the disability coordinator at 319-398-3920,ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 1.'ih'n-v. i- l3 -17 42560633 Jrporate STATE OF IOWA JUDICIARY Case No. EQCV078602 County Johnson Case Title BANK OF AMERICA, N.A. V. DEBRA L. GOODLAXSON, ET A THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 01/04/2017 09:05:23 AM 4. ., I <�b to G s ( z` • • tit District Clerk of Johnson County /s/:Wendy Lonngren E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOI-INSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO. EQCV078602 Plaintiff, ) ""n ) vs. C..) ) FORECLOSURE PETITION--1 C2 DEBRA L.GOODLAXSON; SPOUSE OF ) = i--i 77! DEBRA L.GOODLAXSON; SECRETARY OF ) HOUSING AND URBAN DEVELOPMENT; ) _z_ CITY OF IOWA CITY,IOWA; CAPITAL ONE ) BANK USA NA; and PARTIES IN ) POSSESSION, ) ) Defendants. ) ) NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW the Plaintiff,Bank of America,N.A.,and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff,Bank of America,N.A.,elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this action is not used for an agricultural purpose. The mortgaged property is a one-family or two-family dwelling. 2. The Plaintiff', Bank of America,N.A., is a corporation duly authorized to transact business in the State of Iowa. 112802720 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT 3. The Defendants,Debra L. Goodlaxson and Spouse of Debra L. Goodlaxson, may be a married couple and are residents of Johnson County, Iowa. 4. The Defendant, Spouse of Debra L. Goodlaxson, is made a party to this cause of action because they may claim some right,title or interest in the property which is the subject of this action including but not limited to by reason of their appearance in the chain of title to the property which is the subject of this cause of action. The Defendants' rights to the property the subject of this action are junior to the Plaintiff. 5. The Defendant, Secretary of Housing and Urban Development, is joined as a party to this action because it may claim some right,title or interest in the property which is the subject of this action including but not limited to by virtue of mortgage filed September 28,2012 in Book 4984 Page 432. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 6. The Defendant,City of Iowa City, Iowa, 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 mortgage filed December 11,2012 in Book 5021 Page 615 and a mortgage filed June 15,2015 in Book 5378 Page 937. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 7. The Defendant,Capital One Bank USA NA, 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 case SCSC075413 and SCSC079424. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 8. The Defendants,Parties in Possession, are made parties to this cause of action because they majc claim some right,title or interest in the property which is the subject of this action due to the i fact that the Plaintiff is credibly informed and believes that they may be tenants in possession of the Ems. 0 2 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT property the subject of this cause of action. The Defendants' rights to the property which is the subject of this action are junior to the Plaintiff. 9. On or about July 15, 2005,the Defendant, Debra L. Goodlaxson,executed and delivered to Mortgage Electronic Registration Systems,Inc. as nominee for Residential Mortgage Network, Inc., one certain Promissory Note in the principal sum of One Hundred Twenty-two Thousand Nine Hundred r.� Sixteen and 00/100 Dollars($122,916.00). A redacted copy of the Note is attached hereto as Ex thit"A" and by this reference incorporated herein. =-.r .<r_ : E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT recorded on January 7,2016 in Book 5462 Page 755, records of Johnson County. A redacted copy of said Assignment is attached hereto as Exhibit"D"and incorporated herein by this reference. 14. The Mortgage and Note provides that in case of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 15. The Defendant,Debra L. Goodlaxson, has failed to pay the Note and interest thereon as provided by the terms of the Note. 16. By reason of the failure to pay the Note and interest,the Plaintiff has elected and does hereby elect in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 17. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of One Hundred One Thousand Nine Hundred Twenty-seven and 45/100 Dollars($101,927.45), which is the principal balance, plus interest calculated at the default rate of 5.0% per annum from September 1,2015. Interest accrues on the said sum at the rate of$13.96 per day. 18. In order to commence this foreclosure proceeding the Plaintiff has incurred protective advancements for abstracting, escrow advances, corporate advances,to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 5.0%per annum, costs and accruing costs and other collectible fees, including but not limited to late charges,and all advances made by the • Plaintiff for taxes, insurance,property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, including reasonable attorney's fees. 19, Plaintiff has a right to enforce the Note and Mortgage,due demand has been made for payment and payment has been refused. X20. Under the terms of the Mortgage a receiver may be appointed. 4 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT 21. The Plaintiff gave a Notice of Right to Cure and more than thirty(30)days have elapsed since the notice was given. A redacted copy of said Notice is attached hereto as Exhibit"E"and incorporated herein by this reference. 22. The Plaintiff gave a Fourteen Day Demand for payment of the accelerated balance pursuant to Iowa Code Section 654.4B and fourteen(14)days have elapsed since the notice was given. A copy of said Notice is attached hereto as Exhibit"F"and incorporated herein by this reference. 23. The Mortgage Mediation Notice was mailed to the mortgagors by regular mail pursuant to Iowa Code Section 654.4B(2). 24. The Plaintiff hereby waives their right to a deficiency judgment. 25. Under the terms of said Note and Mortgage,the Defendant, Debra L. Goodlaxson,=agreed to pay attorney's fees and all costs in connection with the proceeding to enforce or foreclasethe Mortgage. Attached hereto as Exhibit"G"and incorporated herein by this reference is an Attestation of Attorney's Fees as required by Iowa Code § 625.24, , •• WHEREFORE,the Plaintiff, Bank of America,N.A., prays for judgment in rem against the real estate described above, for the sum of One Hundred One Thousand Nine Hundred Twenty-seven and 45/100 Dollars($101,927.45),which is the principal balance, plus interest thereon at the rate of 5.0%per annum from September 1,2015, such amount equaling$13.96 per day,the costs of this action, including protective advancements for abstracting, escrow advances,corporate advances, late charges, reasonable attorney's fees and additional sums for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law and that said sums be declared a lien upon the premises above described from July 15,2005,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 5 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT • 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 under special execution,the right, title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off,barred and foreclosed,and the purchaser at said sale take free and clear of any right,title, lien or interest of the Defendants or any of them. The Plaintiff further prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County,Iowa, commanding him to put the purchaser at said sale under special execution or a successor in interest in the possession of the premises; and that a receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. I a Tn (AT0004515) e Pavis :rs 'n To�•e�-� 15 10th Street, Suite 1300 Iles Moines,Iowa 50309-3993 Telephone: (515)288-2500 - Facsimile: (515)243-0654 Email: mattlaughlin@davisbrownlaw.com zL }_' c�r` ATTORNEY FOR THE PLAINTIFF �-? C-- (") = fr P N 6 NOTE July 15,2005 MIN: i • [Duos] 1218 William Street Iowa City,IA 52240 [Properly/Wpm) .. 1, PARTIES "Borrower" means each person siguliny,at the end of this Note, and the person's successors and Assigns, "Lander" means Residential Mortgage Network,i[ne. 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 stun of One Hundred Twenty Two Thousand Nine Hundred Sixteen and 00/100 Dollars(U.S.$ 122,916.00 ), plus interest, to the order of Lander. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender,at the rate of Dive and 625/1000 per cent ( 5.625%)per year until the fitll 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 night result if Borrower defaults under this Note. 4. 1VIANNER OF PAYMENT (A)Time Borrower shall make a payment of principal and interest to Lender on the tat day of each month beginning on September 1st 2005 .Any principal and interest remaining on the 1st day of Aultnst , 2035 ,will be due on that date,which Is called the maturity date. (I3)Place Payment shall be made at 12I0 Highway 6 West Suite 300 Iowa City,IA 52246 „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.$707.57 . 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. (I))Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the-covenants of the ationge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a partof this Note, [Chock opptkoollo box.J eci Graduated Payment Allange' Growing Equity MangeL Other[specify] F fyl 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the first day of any month.Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary.If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes, 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%)ofthe overdue amount of each pikyment. • PHA Multistate Note-10195 r•-„, 1103.CV(1/031 10775 Pegs l Oft -•-- • --'-I - J C".) EXHIBIT aoTot000iebot) (B)Default E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT 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 accrned 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"mains the Secretary of Housing and Urban Development or his or her designee. (C)Payment of Costs and Expanses If Lender has required immediate payment in full, as described above,Lender may require Borrower to pay costa 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 snail 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 TIIIS 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 =• ovenants contained in this Note. The undersigned borrower(s)receipt of a copy of this instrument. ,t ��a �:I �i_ —,_.t'.MI (SEAL) •r,opara .Goodlaxson (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower (SEAL.) .. BorrOwer (SEAL) f h'' SEAL c"'") ›^-• Borrower1-11 j r_y r'-' PAY TQt:_IHE ORDER OF Countrywide Doctunent Custody Services,a division of Treasury Bank,N.A. WITHOUT RECOURSE THIS 15th DAY OF July , 2005 , Residential Mortgage Network,Inc. BY / �,,. se Olio se '!! President 1103-CV(1/03) 10775 P"a"z ora � I 0OTO(000isbef) 1 ADDENDUM TO NOTE: NOTICE • • ORAL OR IMPLIED CHANGES TO TIIE 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 TEAS 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 TILE WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THE AGRT.EMENT(S) ONLY BY ANOTHER WRITTEN AGREEMENT,TINS NOTICE ALSO APPLIES TO ANY OTHER CREDIT AGREEMENTS(EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) NOW IN EFFECT BETWEEN YOU AND THIS LENDER. The understood borrowers)aolmowledge(s)roccipt oft copy of tit Instrument. se. //- e/videllify :X100 11110f , A4-1 do• r ),•• ,G r Ix r Borrower Borrovar .�, Bontwor Borrower Bonawer July 15,2005 cry Dom • --, Y • {•C`) C—) r II,IADDHNNOT.I BT t 914.CT Plus(9!97) E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 1 of 69t45 ii1111M11111111u Doe ID: 010644460006 Toe: OEM Recorded: 07/26/2006 at 09:39:04 All Fee Mit: 132.00 Paas 1 of 6 Johnson County now■ Kin Painter County Recorder BK 3913 Po947-952 ISpace above reserved for Recorder of Deeds certllkationl Prepared By:Cassandra L.Potter Residential Mortgage Network,Inc.1210 Highway.6 West Suite 300 Iowa City,IA 52246 (319)354-7501 When Recorded Return To: Residential Mortgage Network,Inc.1210 Highway 6 West Suite 300 Iowa City,IA 52246 1. Title of Document: MORTGAGE 2. t3:nntoo',$): Debra L.Goodlaxson,a single person 3. Grantee(s); Residential Mortgage Network,Inc. 4. Statutory Mailing Address(s): 1210 Highway 6 West Suite 300 Iowa City,IA 52246 5. Legal Description; Page 2 6, Parcel Identification Number: 10133.35007 7._Document or Instntmcnt tt: tt— o I N 162$7,CV(7165) 10775 I EXHIBIT e` °f' Book: 3913 Page: 947 Beg: E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 2 or 6 • State of Iowa MORTGAGE t maTHIS MORTGAGE.("Security instrument")Is given on Jul'15th 2005 .The mortgagor is Debra L.Gtwdlahtsoo,a sinele person ("Borrower").This Security Instrument is given to Mortgage Electronic Registration Systems,ire.("MERS")(solely as nominee for Lender,as hereinafter defined,and Lender's successors and asaigas),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,MI 48501-2026,tel,(800)679-MERS. Residential Mortgage Network,Inc. _ which is organized and existing under the laws of the United States of America and whose address is 1210 Highway 6 West Suite 300 Iowa City,fA 52246 ("Lender"). Borrower owes Lender the principal sum of Ore Hundred Twenty Two Thousand Nine Hundred Sixteen and 00/100 Dollars g,S 122,916.000 no (U _).This debt is evidenced by Borrower's note dated the same data as this Security Instrument("Note"), which provides for monthly payments,with the Pill debt,if not paid earlier,due and payable on August 1,2035 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 tinder paragraph 7 to protect the security of this Security Instrument;and(c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described y t Properly located in Johnson County,Iowa: Lot Ten(10)in Block Flve(5),in Townereat Addition to Iowa City,Iowa,according to the recorded plat thereof. - ( �. - 71 C-)_. 11 THIS IS A PURCHASE MONEY MORTGAGE which has the address of 1218 William Street Iowa City Lsbet9 [cart, IA 52240 Isau1 t b c. i ("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 us the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except fur 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. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 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 Paynrenl of Tates,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)pretniurns for insurance required under Paragraph 4.In any year in which the Lender nnhst pay a mortgage insurance premium to the Secretary of Housing and Urban Development("Secretary"),or is any year in which such premium would have been required if Lender still held the Security Instrment,each Monthly payment shall also include either:(I)a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,in a reasonable amount to be determined by the Secretary.Except for the monthly charge by the Secretary, these items arc called"Escruw Dennis"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 maxinmm amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.§ 2601 of seq, and implementing regulations,24 CFR Part 3500,as they may be amended from time to time("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrowers payments are available in the account may not be based on amounts due for the mortgage insurance premium. 162a7.CV t7/05) 10775 Priv 2 of 3 Book: 3913 Page: 947 Seq: no(a>nrevsr) . E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT Page 3 of a If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,Lender shall ace0Unt 10 Borrower for the excess funds as required by RE.SPA.If the amounts of fiends 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 Instwnent It Borrower tenders to Lender the full payment of all such sums,Borrower's account shall be credited with the balance rerraining 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, azul Lender shall promptly refund any excess funds to Borrower.Inunediately 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.Apptieetion 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 Etre,flood end 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 an 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 concerned 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 of the insurance proceeds may be applied by Lender,at its option,either(a)to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent anmuats applied in the order in Paragraph 3,and then to prepayment of principal,or(b)to the restoration or repair of II the damaged Property.Any application of the proceeds to the principal shall not extend or postpone the due date of tho 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 tire 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, lainteen_ance and Protection of the Property;Borrower's Loan Aprpiicatlon;Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after tire execution of this Security Instrument(or within sixty days of a later sale or transfer of the Properly)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 tho 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 if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the ban evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence,If this Security Instrument is on a leasehold,Borrower shall comply with 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,aro 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 of the indebtedness under the Note and this Security Instrument, fust 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 prenatally 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 tender'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 art additional debt of Borrower and be secured by Ibis Security Instarmcet.These amounts shall lacer Interest thorn the date of disbursement,at the Note rate,and at the options of Lender, shall he immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower;(a)agrees in willing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the hen by, or defends against enforcement of the hen in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6.Fees. Lender may collect fees and charges authorized by the Secretary. 16:57,CV(7h05) 16775 faye 3 of 5 Book: 3913 Page; 947 Sag: rT0(nooseMo) E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Prrye 4 0f6 y Grounds for Acceleration of Debt, (a)Default. Lender may,except as limited by regulations issued by the Secretary in the case of payment defaults,require immediate payment in hill of all aunts secured by this Security instrument if: (l)Borrower defaults by failing to pay in full any monthly payment required by this Security instrument prior to or on the due date of the next monthly payment,or (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 Gam-St Germain Depository tnstiuuions 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 suets secured by this Security Instrument if; (i)All or part of the 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 las or her principal residence,or the purchaser or grantee does So occupy the Property,but his or her credit has not bean approved in accordance with the requirements of the Secretary. (c)No Waiver, If circtmtstences occur that would permit Lender to require immediate payment in flat,but Lender does not require such payments,Lender dots not waive its rights with respect to subsequent events. (d)Regulations of HUD Secretary. In malty circumstances regulations issued by the Secretary will limit Lender's rights, ur the case of payment defaults,to requite immediate payment in full and foreclose if not paid,This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (a)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 days from the dare hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of arty authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security lnstnuncnt and the Note,shall be deemed conclusive proof of such ineligibility.Notwithstanding the foregoing,this option may not he usen;iaed by Lender when the unavailability of insurance is solely dee to Lender's failure to remit a ntoitgago 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 irstrunrent.This right applies even after foreclosure proceedings are instituted.To rehtstatc the Security Instrument,Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,to the extent they are 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 hmnedlato 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 of the lien created by this Security Instrument. 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time et-payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not N operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to �- continence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of 7-1 the sums secured by this Security Instrument by reason of any demand rade by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not exercise o he a waiver of or preclude thef any tight or remedy. , 12, Successors and Assigns Bound; Joint and Several Liability; Co-Signers. 'fix covenants and agreements of this re,) a "" Security instrument shall hind 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 convoy that s 7 Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instnsment;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or ? make my accommodations with regard to the term of this 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 is 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 beets 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 of the jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 15,Borrower's Copy. Borrower shall he given one conformed copy of the Note and of this Security Instrument 16, Hazardous Subetancos, Borrower shall not cause or permit the presence,use,disposal,storage,or release of any l lazordous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of shall quantities of Hazardous Substances that are gene:a:ly recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of' which Borrower has actual knowledge.If Burrower teams,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 aetions in aeconlance with Environmental Law. As used in this paragraph 16, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other tlamnubtc or toxic petroleums products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in the paragraph 16,"Environmental Law"means federal laws and laws of the jurisdiction where the Properly is located that relate to health,safety or environmental protection. 162S7.CV(7/OI) 10775 litre 4 of n TC(e0(O7obaG) Book: 3913 Page: 947 Seq: 4 . _ i E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 5?MN-UNIFORM COVENANTS,Borrower and Lender further covenant arid agree as follows: 17.Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Leader or Lender's agents. However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument,Borrower stall 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 assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower:(a)all rants received by Borrower shall be hold by Borrower as onstee for benefit of Lender only,to be applied to the sums secured by the Security Instnrrtrent;(b)Lender 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's agent on Lenders 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 atter 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 of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security lnshument is paid in full. 18:Foreclosure Procedure.IPLender requires immediate payment In fail under Paragraph 9,Lender may foreclose this Security Instrument by judletal proceeding. Lender shall be entitled to collect 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 nonj edictal power of sale provided in the Single Family Mortgage Foreclosure Act of 1994("Act")(12 U.S.C.3751 ft sN.)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 under this Paragraph IS or applicable law. 19.Release. Upon payment of all sums secured by title Security instrument,Lender shall release this Security Instrument without charge to Borrower. 20.Waivers. Borrower reliuquialhes all right of dower anti waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 21.Rademptlot]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 judtcial 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 pari of this Security Instrument. (Check applicable box(es)]. ❑Condominium Rider 0 Growing Equity Rider 0 Planned Unit Development Rider ❑Graduated Payment Rider ®Other[specify) Rider to Mortgage 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 borruwcr(s)aclrnowledge(s)receipt of a copy of thi•, •trument. Witnesses: J ebra L. oodlaxson Q (Seal nonowrr (Seal) (Scat) __. _ Borrow t'7 (Seal) ..'. Borrow U — (Scat) C.") i 801P304( (Seal) G1 lSprre Below This La,e For AcYmwiedygrcn;l STATE OF COUNTY OF ss: On this 15th day of July 2005 ,before aro,a Notary Public in and for said county and state,personally appeared! Debra T.Goodlaxson.a simile person to me personally known to be the person(s)named in and who executed the foregoing instrument,and acknoweledged that • _gip_executed the same as her voluntary act and deed My commission expires: 07/25!2007 " r No P it aid tor old Cc/WAY Ind Saw 1, .Anderson i6ss7.cv(Wet) ,ons Pest tars _________ e. Book: 3913 Page: 947 Seg., �v"1O''00'`40 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT Page 0 of 8 RIDER TO MORTGAGE This Tax Exempt Financing Rider made this date,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 to Residential Mortgage Network,Inc. (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 tho 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,Nationwide Advantage Mortgage Company(the"Servicer")or such of its successors or assigns as may by separate instrument assume responsibility for assuring compliance by the Mortgagor with the 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 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 Interna; II Revenue Code of 1986,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"100percent"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 not in excess of applicable median family income;all as provided in Section 143(1)and(axe)of the Code;or (2) the Mortgagor fails,or ceases, to occupy the property described in the Mortgage without the prier 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 an application for Mortgage which secures the Note. References are to the Internal Revenue Code of 1986,as amended,In effect on the date of the execution of the Mortgage and are deemed to include the implementing regulations. By signing below,the Mo — s i rtgagor(s)accepts and agrees to the terms of this Tax Exempt Financing Rider. . • h rr d Date:Ju./15 2005 T �..,1 t '.447":170 Ya L.Good A •n Co-Borrower ,..•, Ir t.'1 Y • Debra L.Goodlaxoon y t,...• Typed Name '—'-- Typed Nina --- .•_ Co-Borrower Co-Borrower Typal Name Typed Narne ._. ---- i STATE OF IOWAss COUNTY OF Johnson ) On this 15th day of July _2005 ,before me appeared Debra t.,. Goodlaxsan,a single person to tae known 4o be the person(s)described in-the foregoing instrument,and who,being'by me first duly sworn, executed the foregoing instrument and acknowledged, deposed and said that hclshe/thcy executed the sante us his/her/their free act and deed and stated that the information and certifications contained there' are true and correct. /r to Puj)jic in and for the County of %/vit.440 ,State of Iowa My Commission Expires:07/25/2007 54151,CV t003} ter, MRi3 14 IP/ 71. ).10(000.100 Book: • •age: eq: 6' E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT Page 1 of 8 BK: 5323 PG: 815 Recorded: 1/20/2015 at 10:05:13.957 AM Fee Amount: $42.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa II Recording Requested by Prepared byIa...tt- t5 Bank of America,N.A. Bank of America,N.A. WHEN RECORDED MAX TO: 11802 Ridge Parkway,Suite 100 Bank of America,N.A. Broomfield,CO 80021 11802 Ridge Parkway,Suite 100 I— [1 Braomfl 021 OR '1IG,MTG$ 1 iCi;10, 00 DocID#: 0 5oor1 NEW MTG$ ti a,114.�Lf This document was prepared by Bank of America, N.A. { NEW MONEY$ 0 00 II for a ents of record if applicable Space Above for Recorder's Use LOAN MODIFIGATION AGREEMENT Borrower(17 DEBRA L GOODLAXSON Original Lender/Beneficiary Lender or Servicer("Lender"): Bank of America,N.A. Date of first lien mortgage,deed of trust, or security deed ("Mortgage')and Note ("Note"); 15th day of July, 2005 FHA Loan Number,111.11111111111 Property Address("Property")(See Exhibit A for Legal Description if applicable): 1218 WILLIAM STREET, IOWA CITY, IA 52240 Important Diaclosuras; The Federal Housing Administration (FHA) requires that the Lender provide you with Information designed to help you understand the modified mortgage and partial claim terms that are being offered to you. The Lender is required to provide you with clear and understandable written information about the terms, costs, and risks of the modified mortgage in a timely manner to enable the Borrower to make informed decisions. This Information Is included below, Please read it carefully. If my representations In Section 1 continue to be true .in all material respects and if I Prt t Zee.T, a7(aWaoos r;3q 13 Pg'.gin C 5 , ._. `' _ 01,1814414 S 000to Gri- t -• EXHIBIT j - Book: 5323 Page: 815 Seq: 1 ( G E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 2 of 8 have satisfied all of the preconditions set forth In Section 2, then this Loan Modification Agreement ('Agreement")will, as set forth In Section 3, modify (1) the Mortgage on the Property, and (2)the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the'Loan Documents." Capitalized terms used In this Agreement and not otherwise defined shall have the meanings aet forth in the Mortgage and/or Note, as applicable. 1. My Representations I certify, represent to Lender and agree; A. I am experiencing a financial hardship,and as a result, (I) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments due under the Loan Documents now or in the near future: B. I live In the Property as my principal residence,and the Property has not been condemned; C. There has been no change In the ownership of the Property since I II signed the Loan Documents; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the FHA-Home Affordable Modification Program ("Program")); r, E. Under penalty of perjury, that all documents and Information I have U ; provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are c.,) true and correct;and F. I have made all payments required under a trial period plan,as required 1 j under the Program. i 2. Acknowledgements and Preconditions to Modification. I uneerstand, acknowledge,and agree that: A. If prior to the Modification Effective Date (as defined In Section 3), the Lender determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will not be valid, In that event, the Larder wiil have a'I of the rights and remedies provided by the Loan Documents;and B. The Loan Documents will not be modified unless and until the Modification Effective Date(as defined in Section 3)has occurred. C. The Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under Book: 5323 Page: 815 Seq: 2 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 3 of 8 this Agreement. 3. The Modification If my representations In Section 1 continue to be true and correct and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on January 1, 2011 (the`Modification Effective Date")and all due and unpaid late charges will be waived. A. The new Maturity Date will be: December 1, 2040 B. The new principal balance of my Note Ml be$112,714.24(the"New Principal Balance'). C. Interest Rate: I promise to pay the Now Principal Balance, plus interest, to the order of Lender, Interest will be charged on the New Principal Balance at the yearly rate of 5.000/0, beginning December 1,2010,both before and after any default described in the Note. The yearly rate of 5,00(24 will remain in effect unfit principal and interest are paid hi full. Notwithstanding any provisions to the contrary in the Loan Documents,the Interest rate will remain fixed until all of the obligations due under the Loan Documents are paid In full. D. Month'v Payments: Borrower promises to make monthly payments of S926.42(each a 'Monthly Paymert"), which includes principal and interest In the amount of$605.07, plus any amounts required for escrow,which aro currenty$321.35 and may vary under the terms of the Mortgage,beginning on June 1,2012,and continuing on the first day of each month thereafter until all of the obligations due under the Note and Mortgage are paid in full. E.I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. F. i also understand there may be some risks to entering into this Agreement and that these risks include things such as: - I need to remember that there are additional amounts due as stated in the Partial Claim so that I am not surprised: -- When I come to the end of the loan term and I still owe more (a balloon payment);or, --At any time when I try to payoff, sell or refinance my home and it is, or may be, more difficult to do these things because i owe the amount in the Partial Claim. 11.1 r• Book: 5323 Page: 815 Seq: 3 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT • Page 4 of B -- I need to remember that the partial clam is a junior(second)lien on my property and that this may make it more difficult In the future for me to get additional subordinate lien flnancirg because some lenders may rot want to be In a third lien position. -- I reed to remember that if my loan has an adjustable interest rate feature, meaning the interest rate can go up and down based on changes in an index, my modified loan will have a fixed interest rate which will not go up and down. This means that my new fixed interest rate at some point might be higher than it would be If my loan did not convert from an adjustable Interest rate to a fixed interest rate leer. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co-borrower is deceased; (II)the borrower and co-borrower are divorced end the Property has been transferred to one spouse in the dvorce decree, in which event the spouse who no longer has an Interest In the Property need N not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the. "` Lender has waived this requirement In vatting. B. That this Agreement shall supersede the terms of any modification, -- forbearance, trial period plan or workout plan that l entered into with Lender prior to the date of this Agreement 11 C. That twill comply, except to the extent that modified by this Agreement,with alt covenants, agreements, and requirements of Loan Documents, including without limitation my agreement to make all payments of taxes, Insurance premiums, assessments, Escrow Items, impounds, and all other similar obligations, the amount of which may change periodically in accordance with the terms of my Loan Documents. D, That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms end are hereby ratified and confirmed, E, That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain In full force and effect; that nothing in this Agreement shall be understood or construed to be a satisfaction or release of the obilgatlons contained In the Loan Documents;and, except as expressly modified by this Agreement, I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents and this Agreement. F. That I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s)that are necessary or required by the Lender's procedures and/or the Program to Book: 5323 Page: 815 Seq: 4 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 5 of 8 Ei ensure that the Mortgage, as modified by this Agreement, is in first-priority lien position and Is fully enforceable. I further acknowledge and agree that the terms of this Agreement will not become effective and the Agreement MI be null and void if the Lender does not receive such title endorsement(s), title insurance product(s)and/or subordination egreeme^.t(s) on or prior to the Modification effective Date. G. That I will execute such other documents as may be reasonably necessary to; (i) consummate the terms and conditions of this Agreement; and/or (Ii) correct the terms and conditions of this Agreement If an error is detected after execution of this Agreement (a "Corrected Agreement'). I understand that If a Corrected Agreement Is provided to me, this Agreement will be void and of no legal effect. If I elect not to sign a Corrected Agreement, the terms of the original Loan Documents shall continue In full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Program. H. That Lender will collect and record, as applicable, personal information about me, Including, but not limited to, my name, address, telephone number, social security number, credit score, Income, payment history, government monitoring information,and information about account balances and activity(collectively refered to as 'Personal Information"). In addition, I understand and consent to the disclosure of my Personal Information and the terms of the trial period plan and this Agreement by Lender to: (a) any Investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (b) companies that perform support services for the Program; and (c) any HUD certified housing counselor. I. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, or is otherwise missing, I will comply with the Lender's request to execute, acknowledge, Initial and deliver to the Lender • any docementation the Lender deems necessary ("Replacement Documents"). I agree to deliver the Replacement Documents within ten (10) days after I receive the Lender's written request for such replacement. 0• • .." C-3 t._... I LL r-� C7 0 N I • Book: 5323 Page: 815 Seq: 5 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page B of 8 SBYSIGNED AND ACCEPTED THIS 1 DAY OF .7t W01 15- BY DEBRA L GOODLAXSON (ALL SIGNATURES MUST BE ACKNOWLEDGED) State of IswA County of 3`et..isnJ On this Z day o[wl•y .tistbefore me the undersigned, a Notary Public In and for said State,personally appeared DEBRA L GOODLAXSON known to me,or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the foregoing Instrument and acknowledged that l)finr Z. & gv.a/execut©d the same, O \Mtn my h da d official seal, Notary Signature ?' mit �GAu/f t Notary Public Printcd Name Place Seal Here --) ‘^/2•/7 Notary Public Commission Expiration Date r f x ni --73VA,. C) • FCHR{Q TZ CammlRol NumHbULs 784679 M_Ccna. E47-ii.�7 ' II • Book: 5323 Page: 815 Seq: 6 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 7 of 8 DO NOT WRITE BELOW THIS LINE. THIS SECTION IS FOR INTERNAL USE ONLY Bank of America, N.A.,for itself or as successor by merger to BAC Home Loans Servicing, LP By:Urban Settlement Services,LLC,its attorney In fact .ter By: fah: M Dated: JAN 13 7015 Name; LAURA DUNNELL Title: ASSISTANT SECRETARY [Space below this line for Acknowledgement] STATE OF COLORADO COUNTY OF BROOMFTELD On I..11-/f before Me, SUSANNA L. CADS Notary Public, personally appeared LAURA DtJNNELL Assistant Secretary of Urban Settlement Services,LIC., attorney In fart for Bank of America, NA,personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowtedged to me that he/she/they executed the same In his/her/their authorized capacity(ies),and that by hisiher/their signature(s)on the Instrument the person(s),or entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal, ( iAakNotary Signature SUSANNA L L. CADE Notary Public Printed Name Please Seal Here FEB. 1 B, 2018 Notary Public Commission Expiration Date SUSANNA L. CADE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064004986 M Commission E -• Feb. 1 8 2018 • Book: 5323 Page: 815 Seq: 7 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT • Page 8 of 8 Exhibit A Legal Description Property located is 3oLcaoe Cowry,Town Lot Ten(10)in/flock Fire(5),in Towi cram Addition to Iona City,Iowa,aceorr*ag to the recorded plat tbere,L I:.:J CD ! 1 ` .+c wwr.r =a c-) C~' rt; T1 ST;73 l7) Book: 5323 Page: 815 Seq: 8 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 1 of 3 BK: 5462 PG: 755 Recorded; 1/7/2016 at 3;55:03,673 PM Fee Amount: $17.00 Revenue Tax; Kim Painter RECORDER Johnson County,Iowa Recording Requested By: Bank of America,N.A. When recorded mail to: P.O.Box 961006 Ft Worth TX 76161-9836 Prepared By:Brian Fraueulreim DocID Tax IDik;1013335007 Property Address; 1218 WILLIAM STREET IOWA CITY,IA 52240 M11(N Y This apace Car ncOriler•a use MEAS Phone Y as ASSIGNMENT OF MORTGAGE "This Assignment of Mortgage is being recorded to convey and confirm the assignment of that certain Mortgage described below ("Mortgage") as modified by that certain LOAN MODIFICATION AGREEMENT (the "Modification")executed by the Borrower(s)described below and Bank of America,N.A,which Modification was recorded on JANUARY 20,2015 as Instrument UN/A In Book 5323,Page 815 of the official records of JOHNSON County,Iowa. The Modification was signed by Bank of America,N.A.,the servicer of the loan secured by the Mortgage. Tho Assignor referenced below has executed this Assignment of Mortgage to assign Its Interest in the Mortgage to the Assignee referenced below. Bank of America,N.A.has Joined In the execution of this Assignment of Mortgage solely to convey Its interest as mortgagee, If any, in and to the Mortgage to the Assignee referenced below and to confirm such Assignee as the mortgagee of record under the Mortgage. For Value Received,MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,whose address Is P.O. BOX 20215,FLINT MI 48501-206,AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK,INC. AND ITS SUCCESSORS AND ASSIGNS,as mortgagee of record(heroin"Assignor"),joined pro forma by Bank of America,N.A.,the servicer of the loan secured by the Mortgage at the time of the Modification,hereby assign and transfer to BANK OF AMERICA,NA(heroin"Assignee"),whose address is 1800 Tape Canyon Road,Simi Volley,CA 93063,and its successors and assigns,all of their interest as mortgagee In and to a certain Mortgage described below,as modified by the Modification, together with the obligation secured thereby, and confirm the Assignee as the mortgagee of record under the Mortgage os modified. Original Lender: RESIDENTIAL MORTGAGE NEI-WORK.INC, Borrowcr(s): DEIIII1 I.QOODLAXSO.N Date of Mortgage: JULY 15,2005 Origin:Loan Amount: $122,916.00 ' Recorded in JOHNSON Coonty,IA on:JULY 26,2005,book 3913,page 947 and lnstnment number 019844450006 Property Legal Description: Property located In Johnson County,Iowa: Lot Teo(t0)in Block Five(5),In Towncrest Addition to Iowa City,Iowa,according to the recorded plat thereof. I.I os- v_.. r--- c-1IN WITNESS WHEREOF,the undersigned has caused this Assignment of Mortgage to be executed Ina wanner so to be binding effective as of ggember 30,200, EXHIBIT Book: 5462 Page: 755 Seq: 1 Exhibit"A" Date Attorney Fee Total September 2017 Invoice $902.00 October 2017 Invoice $374.00 November 2017 Invoice $836.00 $2,112.00 Advancement Paid by Counsel or Plaintiff or Reimbursed by Plaintiff Iowa Title Lien Report$120.00 Filing Fee& lis pendens docket $235.00 Service fees$240.00 O .."8 s• _• r. —� r • {00223105} IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) No. EQCV079238 ) vs. ) ) MOTION FOR ORDER DIRECTING MAHONEY CUSTOM HOMES, INC., ) CLERK TO DOCKET DEFAULT OF CITY OF IOWA CITY, IOWA,AND ) DEFENDANTS MAHONEY CUTOM PARTIES IN POSSESSION OF 15 EALING) HOMES, INC., CITY OF IOWA CITY, DRIVE, IOWA CITY, IOWA, ) IOWA, & PARTIES IN POSSESSION ) OF 15 EALING DRIVE, IOWA CITY, Defendants. ) IOWA ) ) COMES NOW the Plaintiff, through its undersigned counsel, and respectfully moves for entry of default on the record against Defendants Mahoney Custom Homes, Inc., City of Iowa City, Iowa, and Parties in Possession of 15 Ealing Drive, Iowa City, Iowa("Defendants") as follows: 1. The Plaintiff's Petition in Equity for Foreclosure was filed August 16, 2017. 2. Proper service of the Original Notice and a copy of the Petition were made on the Defendants as shown by the Returns of Service filed in this case. 3. The Defendants have failed to serve or file an answer or otherwise defend in any manner. No appearance has been filed on behalf of the Defendants by any attorney. The Defendants are in default. 4. Written notice of the intention to file this written application for default was given to Defendants after the default occurred and at least 10 days prior to the tiutig the Motionfor Default. A copy of the notice is on file with the Court. cri �—'- - cc� WHEREFORE, the Plaintiff makes this Motion Directing Clerk to- bcadtzDef4,1114 on record against the Defendants. {00222851} cc-; CA CTkocii1v»> K-C" C is faS�2.) Respectfully Submitted, /s/Ryan J. Prahm Ryan J. Prahm AT0010114 Pugh Hagan Prahm PLC 425 E. Oakdale Blvd, Suite 201 Coralville, IA 52241 Phone: (319) 351-2028 Fax: (319) 351-1102 Email: rprahm@pughhagan.com ATTORNEYS FOR SOLON STATE BANK VIA US MAIL: Mahoney Custom Homes, Inc. CERTIFICATE OF SERVICE Attn: Keith Mahoney, Registered Agent 356 Windflower Lane#D The undersigned certifies that the a true copy of this Solon, IA 52333 foregoing instrument was served upon all parties to the above cause to each of the parties of record herein at their respective addresses disclosed on Parties in Possession October 23, 2017 by: 15 Ealing Drive Iowa City, IA 52240 O U.S.Mail OCM/ECF OHand Delivered 0 Certified Mail Mahoney Custom Homes, Inc. EDMS OE-Mail Attn: Keith Mahoney Signature: ,.�.� 1384 Lakewoods Drive , I Swisher, IA 52338 City of Iowa City, Iowa Attn: Kellie Fruehling,City Clerk 410 E.Washington St. Iowa City, IA 52246 C:7 noi C) --4 r rn {00222851} E-FILED 2017 NOV 07 9:24 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) No. EQCV079304 ) vs. ) ) AFFIDAVIT OF MAILING MAHONEY CUSTOM HOMES, INC.,OEHL ) PLUMBING&HEATING, INC., CITY OF ) IOWA CITY, IOWA, AND PARTIES ) IN POSSESSION, ) ) Defendants. ) (-) STATE OF IOWA )ss. COUNTY OF JOHNSON ) ry The undersigned,being first duly sworn on oath, states that on the 7th day of November, 2017, I personally mailed to the following entities a Notice(a true copy of which Notice is attached hereto and made a part hereof), entitled 10-DAY NOTICE OF INTENT TO SEEK ENTRY OF DEFAULT AND DEFAULT JUDGMENT by ordinary mail, such notices being mailed in sealed envelopes with proper postage thereon, addressed to the said person at their last known Post Office address,by deposit of the same on said date in a United States Post Office mail receptacle in said County, to-wit: Mahoney Custom Homes, Inc. Parties in Possession Attn: Keith Mahoney 356 Windflower Lane#E 356 Windflower Lane#D Iowa City, IA 52240 Solon, IA 52333 Parties in Possession City of Iowa City, Iowa 356 Windflower Lane#F Attn: Kellie Fruehling, City Clerk Solon, IA 52333 410 E. Washington Street Iowa City, IA 52246 Oehl Plumbing and Heating, Inc. 4407 F Ave. Amana, IA 52203 Cindy Steeg Subscribed and sworn to before me on this 7th d., of November, 2017. LACEY HARDING 0� CO "ybO' re. Ary P �*LW nd for a State of Iowa June 04,2020 {00224259} �C . CA E-FILED 2017 NOV 07 9:24 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SOLON STATE BANK, Case No. EQCV079304 Plaintiff, 10-DAY NOTICE OF INTENT vs. TO SEEK ENTRY OF DEFAULT AND DEFAULT JUDGMENT MAHONEY CUSTOM HOMES,INC., OEHL PLUMBING&HEATING, INC., CITY OF IOWA CITY, IOWA,AND PARTIES IN POSSESSION, Defendants. TO: Mahoney Custom Homes,Inc. Parties in Possession Attn:Keith Mahoney 356 Windflower Lane#E 356 Windflower Lane#D Solon,IA 52333 Parties in Possession City of Iowa City,Iowa 356 Windflower Lane#F Attn:Kellie Fruehling,City Clerk Solon, IA 52333 410 E. Washington St Iowa City, IA 52246 Oehl Plumbing and Heating, Inc. 4407 F Ave. :L ...�d Amana, IA 52203 >"� co r. DATE OF NOTICE:November 7,2017 . i{t�rr" ... rn l IMPORTANT NOTICE ? N C) 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. Respectfully submitted, J. PRAHM(AT#0010114) rprahm@pughhagan.com PUGH HAGAN PRAHM PLC 425 E Oakdale Blvd., Suite 201 Coralville,IA 52241 Phone: 319.351.2028 Fax: 319.351.1102 ATTORNEYS FOR PLAINTIFF {00224258} 1 E-FILED 2017 NOV 21 10:22 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SOLON STATE BANK, ) ) Plaintiff, ) No. EQCV079304 ) vs. ) ) MOTION FOR ORDER DIRECTING MAHONEY CUSTOM HOMES, INC., ) CLERK TO ENTER DEFAULT OF o OEHL PLUMBING& HEATING, INC., ) DEFENDANTS CITY OF IOWA CITY, IOWA, AND ) D� PARTIES IN POSSESSION, ) c,-< ro r ) N Defendants. ) '<rrn = M ) 0 COMES NOW the Plaintiff, through its undersigned counsel, and respectfully moves for entry of default on the record against Defendants Mahoney Custom Homes, Inc., Oehl Plumbing& Heating, Inc., City of Iowa City, Iowa, and Parties in Possession("Defendants") as follows: 1. The Plaintiff's Amended Petition in Equity for Foreclosure was filed September 27, 2017(the"Petition"). 2. Proper service of the Original Notice and a copy of the Petition were made on the Defendants as shown by the Returns of Service filed in this case. 3. The Defendants have failed to serve or file an answer or otherwise defend in any manner. No appearance has been filed on behalf of the Defendants by any attorney. The Defendants are in default. 4. Written notice of the intention to file this written application for default was given to Defendants after the default occurred and at least 10 days prior to the filing this Motion for Default. A copy of the notice is on file with the Court. WHEREFORE, the Plaintiff makes this Motion Directing Clerk to Docket Default on record against the Defendants. {00225395) \ • • ' E-FILED 2017 NOV 21 10:22 AM JOHNSON- CLERK OF DISTRICT COURT Respectfully Submitted, /s/Ryan J. Prahm Ryan J. Prahm AT0010114 Pugh Hagan Prahm PLC 425 E. Oakdale Blvd, Suite 201 Coralville, IA 52241 Phone: (319) 351-2028 Fax: (319) 351-1102 Email: rprahmApughhagan.com ATTORNEYS FOR SOLON STATE BANK VIA US MAIL: Mahoney Custom Homes, Inc. CERTIFICATE OF SERVICE Attn: Keith Mahoney, Registered Agent 356 Windflower Lane#D The undersigned certifies that the a true copy of this Solon, IA 52333 foregoing instrument was served upon all parties to the above cause to each of the parties of record herein at their respective addresses disclosed on Parties in Possession November 21.2017 by: 356 Windflower Lane D-G Solon, IA 52333 CI U.S.Mail OCM/ECF OHand Delivered UCertified Mail 0 Mahoney Custom Homes, Inc. EDMS [ Q E-Mail Attn: Keith Mahoney Signature: Z�t� 1384 Lakewoods Drive Swisher, IA 52338 City of Iowa City, Iowa Attn: Kellie Fruehling,City Clerk 410 E.Washington St. Iowa City,IA 52246 Oehl Plumbing&Heating, Inc., 4407 F Ave Amana, IA 52203 ro COM*1-3 IN m Cop {002253951 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT Page 2 of 3 MORTGAGE ELECTRONIC REGISTRATION • SYSTEMS,INC.,AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK,INC.AND ITS SUCCESSORS AND ASSIGNS By: James f Its, Asststa ice President STATE OF ARIZONA • COUNTY OF MARICOPA On December 30,2015 before me,Grace E.Pelta,Notary Public,personally appeared James A Ellis, Assistant Vice President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,iNC„whose Identity was proven to me on the basis of satisfactory evidence to be the parson who shaae,olaims to be and whose name Is subscribed to the within instrument sed acknowledged to me that ehe®executed the same In her is uthorized capacity,and that by heignature on the Instrument the person,or entity upon behalf o which the person acted,executed the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last written. ORAOE E PENA NOTARY PU 10•AR2pNA Notary Public:Grace E Pella (Seal) Mr oanmbstan tiw My Commission Expires:September 12,2019 '404'.11`' B+pMAbrr1Z2010 „('•) c_ ter•;e -< F g r i 17. I3F,.j y3 t_O tea •, "a ikrclDII • Book: 5462 Page: 755 Seq: 2 E-FILED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT Page 3 of 3 • BANK OF'AMERICA,N,A. • By: •.r Print N3 a:James A Ell4 Its;A,s•Fi Ant Vice PresI nt • STATE OF ARIZONA COUNTY OF MARICOPA On December 30,2016 before me,Grace E.Pens,Notary Public,personally appeared James A RS, Assistant Vice President of SANK OF AMERICA,N.A.,whose Identity was proven to me on the basis of satisfactory evidence to be the person who sheflacialms to be and whose rams Is subscribed to the • within instrument and acknowledged to me that she/texeculed the same In harlfiaylauthortxed capacity, and that by her/Ueignature on the Instrument the person,or entity upon behalf of which the person acted,executed the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last written. p I PIINA Notary Public;Grace E Pena (Seal) - + noT,un rt1B1.1G-Ak20/it 'cr�t, ; PttriQauly My Commission Expires:September 12,2019 ;:!�' Sepsurior13010 i>— w N • �+) Cm N • De01p Book: 5462 Page: 755 Seq: 3 ' F-F!! ED 2017 JAN 03 5:47 PM JOHNSON - CLERK OF DISTRICT COURT CARRINGTON MORTGAGE SERVICES P.O.Box 3489 Anaheim,CA 92803 DEBRA L GOODLAXSON 704 13TH AVE :e.y CORALVILLE IA 52241-1737 Property Address: ''4 1218 WILLIAM STREET IOWA CITY,IA 52240 .11111111111111.1.11.111111. Loan Number 111111111 c 1°1 10/0712016 �� d NOTICE OF INTENT TO FORECLOSE Yt =_ra Dear Mortgagor(s): r=� I The above referenced loan is in default because the monthly payment(s)due on and after 09/01/2015 have not been received. The amount required to cure the delinquency,as of the date of this letter, is$13,629.96 less$0.00,monies held in Unapplied. SUBSEQUENT PAYMENTS,LATE CHARGES,AND OTHER FEES WILL BE ADDED TO THE ABOVE STATED REINSTATEMENT AMOUNT AS THEY ARE ASSESSED. Please remit the total amount due in CERTIFIED FUNDS, utilizing one of the following payment resources: Overnight Mail I Western Union I MonevGram Carrington Mortgage Services,LLC I Quick Collect(any location) I Receive Code-7998 Cashiering Dept.2-270 I Code City-CARRINGTONMS � I 1600 South Douglass Road,Suites 110&200-A I Code State-CA Anaheim,CA 92806 IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT,PLEASE CONTACT CARRINGTON MORTGAGE SERVICES,TO DISCUSS HOME RETENTION ALTERNATIVES TO AVOID FORECLOSURE AT(800)561-4567 OR BY MAIL AT 1600 SOUTH DOUGLASS ROAD,SUITES 110&200-A,ANAHEIM,CA 92806.YOU MAY ALSO CONTACT THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(FIUD)HOTLINE NUMBER AT(800)569-4287 OR YOU CAN VISIT THEIR WEBSITE AT http://www.hud.gov/foreclosure/index.cfin TO FIND OUT OTHER OPTIONS YOU MAY HAVE TO AVOID FORECLOSURE. Failure to cure the delinquency within 30 days of the date of this letter may result in acceleration of the sums secured by the Deed of Trust or Mortgage,foreclosure by judicial proceeding,and sale of the property, You have the right to reinstate your loan after legal action has begun.You also have the right to assert in foreclosure,the non-existence of a default or any other defense to acceleration and foreclosure. EXHIBIT N0�65 Page 1 of 4 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT Should you have any questions,please contact our office at(800)561-4567 Monday through Friday 8:00 a.m.to 8:00 p.m. Eastern Time, Sincerely, Loan Servicing Department Carrington Mortgage Services,LLC { II l -.. ('' grwra `` e•-•J N0565 111111111111111 Page 2 of 4 • E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT IMPORTANT DISCLOSURES -INQUIRIES & COMPLAINTS- For inquiries and complaints about your mortgage loan, please contact our CUSTOMER SERVICE DEPARTMENT by writing to Carrington Mortgage Services, LLC, Attention: Customer Service, P.O Box 3489,Anaheim, CA 92803, or calling (800) 561-4587. Please include your loan number on all pages of correspondence. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC Is toll free and you may call from 8:00 a.m.to 8:00 p.m., Eastern Time, Monday through Friday. You may also visit our website at https://carringtonms.com. -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter Is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. -CREDIT REPORTING- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected In your credit report. As required by law, you are hereby notified that a Negative i credit report reflecting on your credit record may be submitted to a credit reporting agency If you fail-to fulfill the terms of your credit obligations. .. I -MINI MIRANDA- This communication is from a debt collector and It is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices,Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the-bankruptcy laws of the United States. -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership counselors or counseling organizations In your area by calling the HUD nationwide toll-free telephone number at(800) 569-4287 or toll-free TDD (800) 877-8339, or by going to http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm.You can also contact the CFPB at (855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor. -EQUAL CREDIT OPPORTUNITY ACT NOTICE- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter Into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers CMS'compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. -SCRA DISCLOSURE- MILITARY PERSONNEUSERVICEMEMBERS: If you or your spouse is a member of the military, please contact us Immediately, The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at (888) 267-5474. -NOTICES OF ERROR AND INFORMATION REQUESTS- You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department at (800) 581-4567, Monday through Friday, 8:00 a,m. to 8:00 p.m. Eastern Time or by mail at P.O. Box 3489,Anaheim, CA 92803. NO111MUM Page 3 of 4 E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT This page is intentionally left blank. • • ..t O 1 i a. . >-- I--< C.} r-- e I C-, N j NO565 Page 4 of 4 ' E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT Icr w DAvIsBRo\vN' MnttLnughlln®devlsbrownlnW,com . LAW FIRM phone:515.246-7934 i • DO Moines Office • December 19, 2016 Debra L. Goodlaxson (--)w .' _. f 94I, 1218 William Street —4,= -n. "'� Iowa City, IA 52240 r ;::-- Lc Re: Carrington Mortgage Services,LLC Loan No, Ending in: 5526 :..- A:- Property Address: 1218 William Street,Iowa City,IA 52240 '' Dear Ms. Goodlaxson: • Carrington Mortgage Services, LLC has turned its file over to our firm for foreclosure of the above-referenced loan. The name of the creditor is Bank of America,N.A. The undersigned on behalf of the creditor hereby demands payment of the full balance due in fourteen (14) days in accordance with Iowa Code Section 654.4B, The amount due as of December 19, 2016 was $113,816.69. If you will be paying this loan in full, please contact Carrington at 1-866-874-5860 for the exact amount before sending funds. Enclosed is the Counseling and Mediation notice as prescribed by the Iowa Attorney General and as required by Iowa Code Section 654.4B(2), Please contact Carrington directly for a payoff quote (total amount due) and/or a reinstatement quote (amount to bring the loan current) at 1-866-874-5860, All other inquiries should be made directly to the Loss Mitigation Department at Carrington Mortgage Services, LLC by calling(800) 561-4567. If you have filed a bankruptcy action and have received a discharge, the indebtedness described in this letter will be enforced only against the mortgaged property and no personal judgment will be sought against you. You are further advised that unless you notify the undersigned within thirty days of your receipt of this notice that you dispute the validity of the amount owed to Bank of America,N,A,, or any portion thereof,the debt will be assumed to be valid. The undersigned is a debt collector attempting to collect a debt, and any information obtained will be used for that purpose. However, if you have received a discharge, and the loan was not reaffirmed in the bankruptcy case, Bank of America, N,A, will only exercise its right as •#298832 AVIS BROWN ICOEHN SHORS A ROBERTS P.C. EXHIBIT PHONE 51 5.288.2500 THE DAVIS BROWN TOWER, 215 10'ST..STE. 1300, DES MOINES,IA 50309 FIRM FAX 51 5.243.0654 THE HIGHLAND BUILDING,4201 WESTOWN PKWY.,STE.300,WEST DES MOINES, IA 502 WWW.DAVISBROWNLAW.COM THE AMES OFFICE, 2605 NORTHRIDGE PKWY., STE. 101,AMES,IA 60010 THE EMMETSBURG OFFICE,3004 MAIN ST., P.O.BOX 314, EMMETSBURG, IA 50536 . E—FILED 2017 JAN 03 5:47 PM JOHNSON —CLERK OF DISTRICT COURT ff Page 2 i I against the property and is not attempting any act to collect the discharge debt from you personally, Please note the following provisions of the Fair Debt Collection Practices Act: (a) If the consumer notifies the debt collector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; (b) If the consumer requests, upon the consumer's written request, within the 30-day period, the name and address of the original creditor, the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor; and (c) The debt collector shall cease collection of the debt or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor if different from the current creditor, If you have the Abstract of Title and ou do not intend to keepproperty, Y the please forward it to me immediately. If you do not have the Abstract and you believe someone else has it, please let me know, Sincerely, DAVIS, BRO , K e E S ;0 S &ROBERTS,P.C. ' # 1 ..______„ 4,iti - �, La ghlin Attorney At Law MEL/snw Enclosure i I LU Y ___� ? ' C: -,..c_:, s ; r-- C-:, N E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT '} 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. heip is available .,,,... „,-, ., .., ...„. ,,,,,, :, - .,--.3 . __, . . ,, . . :,., : Iowa Mortgage Help offers all Iowans access to free, confidential e I mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help Is here to assist you in working through your situation. t. 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. t Iowa Mortgage Help / 0 1-877-622-4866 J_ www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.413(2). E-FILED 2017 JAN 03 5:47 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., ) EQUITY NO, Plaintiff, ) ) vs. ) ) ATTORNEY'S FEE ATTESTATION DEBRA L. GOODLAXSON; SPOUSE OF ) DEBRA L. GOODLAXSON; SECRETARY OF ) HOUSING AND URBAN DEVELOPMENT; ) CITY OF IOWA CITY, IOWA;CAPITAL ONE ) BANK USA NA; and PARTIES IN ) POSSESSION, ) ) Defendants. ) ) I, Matthew E.Laughlin, state that I am a member of the firm of Davis,Brown,Koehn, Shors& Roberts, P.C., the attorneys for the Plaintiff in the above-entitled cause; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further state that I am a regularly practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement,express or implied between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein. I certify under penalty of perjury and pursuant to the ws of the State of Iowa that the preceding is true and correct. I Date . t, ,r 'hr ',Lauti.Iin 3 LI) EXHIBIT"G" #25,60633'"-� C.) cJ , END OF CASE FILE 4 l John E. Lande DICKINSONLAW (515)246-4509 / Dickinson Mackaman Tyler&Haden F C. jlande@dickinsonlaw.com OW May 3, 2017 Johnson County Board of Supervisors Iowa State Department of Agriculture 913 S. Dubuque St., Ste 201 Wallace State Office Building Iowa City, IA 52240 502 E. 9th St. Des Moines, IA 50319 Brad Corner Iowa City Assessor Iowa City Community School District 913 S. Dubuque St. 1725 N. Dodge St. Iowa City, IA 52240 Iowa City, IA 52245 Johnson County Ag Extension Council Iowa City Clerk 4265 Oak Crest Hill Rd SE Iowa City City Hall Iowa City, IA 52246 410 E. Washington St. v Iowa City, IA 52240 0 Kirkwood Community College Area X c'' = 6301 Kirkwood Blvd SW mac' (.11 Cedar Rapids, IA 52406 i 1 Re: Assessed Valuation Litigation Settlement (2015, 2016, & 2017) .1> FROM: John E. Lande Special Counsel for City of Iowa City Board of Review Hy-Vee, Inc. owns certain real estate and improvements located in Iowa City, Johnson County, Iowa, known as parcel number 10-15-460-004 and bearing a street address of 1720 Waterfront, Iowa City, Iowa. The Iowa City Assessor valued that property and improvements as of January 1, 2015, in the amount of $6,976,870.00, and as of January 1, 2017 in the amount $7,256,250.00. Hy-Vee, Inc. appealed the 2015 and 2017 assessments to the Board of Review, and the Board of Review upheld the 2015 assessment, and then Hy-Vee, Inc. appealed to the Johnson County District Court. The 2017 assessment is still pending before the Board of Review. The issues in this case center on the value of the real estate and improvements. As is often the case in assessment valuation appeals, additional information is obtained from the taxpayer, providing new information to allow the Board of Review and Assessor to reconsider the propriety of the initial assessment. Consequently, the parties in this case have reached an agreement without the necessity of an actual trial. In this case, an agreement was reached with Hy-Vee, Inc. regarding the assessed value of the above property for the years 2015-2017. CG K 1-e • 1.ere') vt aQ 699 Walnut Street,Suite 1600,Des Moines,IA 50309 Phone: 515.244.2600 Fax: 515.246.4550 ��rvti.dieI insun la‘ti.rufi 11.DICKINSON,MACKAMAN,TYLER&HAGEN,P.C. May 3, 2017 Page 2 Thus, the agreement reached provides that the real estate and the improvements on the property will be assessed at $6,900,000.00 for the assessment dates of January 1, 2015, and January 1, 2016. The agreement further provides that the assessed value for the assessment date January 1, 2017 shall be $7,176,000.00. The litigation has been settled by mutual agreement at those figures. In accordance with Section 441.44 of the Iowa Code, you are being provided notice of that settlement. If you have any questions or concerns, you may call me at the above telephone number. Very truly yours, I � - John JoE. Lande o JEL/csb );,--4 =arm "."‹t'r1 y. r^rt9 END OF CASE FILE I • 1 John E.Lande •i•/ D I C K I N S O N L A W (515)246-4509 OOP/ Dickinson Mackarnan Tyler&Hagen P.C. jlande@dickinSonlaw.com June 5, 2017 Johnson County Board of Supervisors Iowa State Department of Agriculture 913 S. Dubuque St., Ste 201 Wallace State Office Building Iowa City, IA 52240 502 E. 9th St. Des Moines, IA 50319 Brad Corner Iowa City Assessor Iowa City Community School District -- 913 S. Dubuque St. 1725 N. Dodge St. *{_, -, Iowa City, IA 52240 Iowa City, IA 52245 Extension Council Iowa City Clerk v = Johnson County Ag Ex 4265 Oak Crest Hill Rd SE Iowa City City Hall n--< !1 ru- Iowa City, IA 52246 410 E. Washington St. : 2arn Iowa City, IA 52240 3c Kirkwood Community College E5*-''''z Area X D c ii 6301 Kirkwood Blvd SW Cedar Rapids, IA 52406 Re: Hy-Vee Food Stores, Inc. and Leach Iowa, LLC v. Iowa City Board of Review, Johnson County Case No. EQCV070855 Assessed Valuation Litigation Settlement(2009,2011, 2013, 2015 & 2017) FROM: John Lande Special Counsel for the Iowa City Board of Review Hy-Vee Food Stores, Inc. and Leach Iowa, LLC own certain real estate and improvements located in Iowa City, Johnson County, Iowa, known as parcel number 10-13-252- 021 and bearing a street address of 812 S. 1St Ave., Iowa City, Iowa. The Iowa City Assessor valued that property and improvements as follows: a. January 1, 2009 in the amount of$4,565,150.00; b. January 1, 2011 in the amount of$4,536,980.00; c. January 1, 2013 in the amount of$4,760,230.00; d. January 1, 2015 in the amount of$4,943,020.00; e. January 1, 2017 in the amount of$5,265,200.00; Hy-Vee Food Stores, Inc. and Leach Iowa, LLC appealed to the Board of Review which upheld those amounts, and then Hy-Vee Food Stores, Inc. and Leach Iowa, LLC appealed to the Johnson County District Court. 699 Walnut Street,Suite 1600,Des Moines,IA 50309 Phone: 515.244.2600 Fax: 515.246.4550 www.dickinsonlaw.com 4 DICKINSON,MACKAMAN,TYLER&HAGEN,P.C. Page 2 The issues in this case centered on the value of the real estate and improvements. As is often the case in assessment valuation appeals, additional information is obtained from the taxpayer, providing new information to allow the Board of Review and Assessor to reconsider the propriety of the initial assessment. Consequently, the parties in this case have reached an agreement without the necessity of an actual trial. In this case, an agreement was reached with the Iowa City Board of Review regarding the assessed value of the above property for the years 2009-2017. Thus, the agreement reached provided that the real estate and the improvements'on the property will be assessed as follows: co a. $4,500,000 for 2009; b. $4,500,000 for 2011; r- c. $4,700,000 for 2013; --icy •� d. $4,900,000 for 2015; 3 r e. $5,150,000 for 2017. ZS 0 .;> sn This litigation has been settled by mutual agreement at those figures. In accordance with Section 441.44 of the Iowa Code, you are being provided notice of these settlements. If you have any questions or concerns, you may call me at the above telephone number. Very truly ours, eri John E. Lande JEL/csb END OF CASE FILE • '' • John E.Lande ; DICKINSON LAW (515)246-4509mP.C.Dickinson Mackaan Tyler&Haven jlande@dickinsonlaw.com .,11 June 14, 2017 Johnson County Board of Supervisors Iowa State Department of Agriculture 913 S. Dubuque St., Ste 201 Wallace State Office Building Iowa City, IA 52240 502 E. 9th St. Des Moines, IA 50319 Brad Comer o Iowa City Assessor Iowa City Community Schoolfistric= 913 S. Dubuque St. 1725 N. Dodge St. c'c„ Iowa City, IA 52240 Iowa City, IA 52245 v; r Johnson County Ag Extension Council Iowa City Clerk < 3 rrl 4265 Oak Crest Hill Rd SE Iowa City City Hall Iowa City, IA 52246 410 E. Washington St. "' Iowa City, IA 52240 Kirkwood Community College Area X 6301 Kirkwood Blvd SW Cedar Rapids, IA 52406 Re: Assessed Valuation Litigation Settlement(2015, 2016, 2017, &2018) FROM: John Lande Special Counsel for Iowa City Board of Review Hy-Vee Inc., Susan Lynn Noser, Catherine A. Tudor-Atherton Irrevocable Trust, and Conni Lynch Irrevocable Trust("Plaintiffs") own certain real estate and improvements located in Iowa City, Johnson County, Iowa, known as Tax Parcel Number 10-12-255-001 and bearing a street address of 310 N. 1St Ave., Iowa City, Iowa ("Subject Property"). The Iowa City Assessor valued that property and improvements as follows: a. as of January 1, 2015, in the amount of$1,526,590.00; b. as of January 1,2016, in the amount of$1,526,590.00; and c. as of January 1, 2017, in the amount of$1,590,280.00. Plaintiffs appealed to the Board of Review which upheld those amounts, and then Plaintiffs appealed to the Johnson County District. The issues in this case centered on the value of the real estate and improvements. As is often the case in assessment valuation appeals, additional information is obtained from the 699 Walnut Street, Suite 1600,Des Moines,IA 50309 Phone: 515.244.2600 Fax: 515.246.4550 www.dickinsonlaw.com fr L. t-t v`�-" r DICKINSON,MACKAMAN,TYLER&HAGEN,P.C. June 14, 2017 Page 2 taxpayer, providing new information to allow the Board of Review and Assessor to reconsider the propriety of the initial assessment. Consequently, the parties in this case have reached an agreement without the necessity of an actual trial. In this case, an agreement was reached with Plaintiffs regarding the assessed value of the above property for the years 2015-2018. Thus, the agreement reached provided that the real estate and the improvements on the property will be assessed as follows: a. for the assessment years of January 1, 2015 and January 1, 2016, the value for the Subject Property will be $1,500,000.00; and b. for the assessment years of January 1, 2017 and January 1, 2018, the value for the Subject Property will be $1,560,000.00. The litigation has been settled by mutual agreement at these figures. In accordance with Section 441.44 of the Iowa Code, you are being provided notice of that settlement. If you have any questions or concerns, you may call me at the above telephone number. Ver yours, John E. Lande JEL/csb C Imen 72-3 END OF CASE FILE IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America,N.A., ) ) EQUITY NO: EQCV079296 Plaintiff, ) APPEARANCE vs. ) ) Juan Neutze a/k/a Juan Miguel Neutze; Adriana ) Neutze,et al., ) Defendants. ) Attorney Rodney W. Kleitsch of the firm SouthLaw,P.C. hereby enters his Appearance on behalf of the Plaintiff, Bank of America,N.A. SouthLaw,P.C. ls/Rodney W. Kleitsch Rodney W. Kleitsch(AT0009037) 1401 50th Street, Suite 100 West Des Moines,IA 50266 (515)223-7325,ext. 362 (515)223-7276(Fax) Rodney.Kleitsch@southlaw.com Attorneys for Plaintiff CD O nil ty,._.r —1 ..r" 7 r- C-7 O 5713 CL ' R"-Qi1C J CA (Thorn-{tri SL File No. 205543 Case No. EQCV079296 1 CERTIFICATE OF SERVICE I certify that a copy of this pleading was served either electronically or via regular mailed to the following parties on October 24th,2017: PFM,L.C. c/o Curtis G. McCormick 808 13'h Street West Des Moines,IA 50265 CACH, LLC c/o Corporation Service Company 505 5111 Ave., Suite 729 Des Moines,IA 50309 Bradley&Riley PC Attn: Laura M. Hyer P.O. Box 2804 Cedar Rapids, IA 52504 Attorney for Juan Neutze and Adrian Neutze Johnson County Attorney's Office _ o Attn: Ryan A. Maas -+1 P.O. Box 2450 Iowa City,IA 52244 co Attorney for State of Iowa --4C)- o -o M Parties in PossessionCD 1927 Grantwood St. '� •• Iowa City,IA 52240 L&M Accounts,Inc. c/o Larry A.Vaned(Registered Agent) 4003 36'h Avenue CT Moline,IL 61265 City of Iowa City,Iowa c/o City Clerk for Iowa City 410 E. Washington St. Iowa City, IA 52240 /s/Rodney W. Kleitsch Rodney W. Kleitsch(AT0009037) 2 ARISTOCRAT PROCESS SERVING/KIS Priority: STANDARD Field Sheet #2017026181 CReceived: ourt Date:10/3/2017 Fat iled:2:50 pm 111 111111111111111111 ZONE: DSM SERVE: Work: CITY OF IOWA CITY, IOWA, C/O CITY CLERK FOR IOWA CITY, 410 E WASHINGTON ST., IOWA CITY, IA 52240 SPECIAL INSTRUCTIONS: Attempts Server: RICHARD GADIENT Date Time Comments 1./O-ill i-7 2. / 3. I 4. / 5. I 6. / 7. / 8. / Actual Service Info Married? Type: Military? Miles Served on: As: Hours Address: Additional Addr: 1 2 3 Comments: Courier Out of Pocket Costs Age Sex M F Race Height Weight Hair Glasses Y N Case Number: EQCV079296 Johnson District Plaintiff Defendant BANK OF AMERICA, N.A. JUAN NEUTZE: ET AL Type of Writ: .ORIGINAL NOTICE, FORECLOSURE PETITION, AND EXHIBITS ' 1 C")—C Client: Firm: SOUTHLAW, P.C. _<fm"' n7Phone: (913)663-7600 Fax: Client Reference Number: 205543-843505 ' 0 I acknowledge receipt of the documents listed above. The documents were delivered personally to me and accepted on my own free will. I am of suitable age to accept service. If I was served at a residence, I attest the address is my residence or usual CSS 67:,�°` �? place of abode. - /LeA1 4 � e_n L� n) S gnature of Re)ciipi f C tp kle1// 2 /� • Filteid/ t Copyright®1992-2017 Database Services,Inc.-Process Server's Toolbox W 2g IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A. ) ) Plaintiff, ) EQUITY NO: EQCV079296 ) vs. ) ) ORIGINAL NOTICE Juan Neutze a/k/a Juan Miguel Neutze;Adriana ) Neutze;Parties in Possession;Cach, LLC;City of ) Iowa City,Iowa;L&M Accounts,Inc.;PFM,L.C., ) a/k/a Portfolio Fund Management,L.C.; State of Iowa Defendants. To the above-named defendant City of Iowa City,Iowa, do City Clerk for Iowa City 410 E. Washington St.,Iowa City,IA 52240: You are notified there was filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is Emily Bartekoske, do SouthLaw, P.C., 1401 50th Street,Suite 100, West Des Moines,IA 50266. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Johnson County,at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920,ext. 1105. Persons who are hearing or speech impaired may can Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. Clerk of the District Court o Johnson County Courthouse Iowa City,Iowa -__? o c-) IMPORTANT `-� — �.. YOU ARE ADVISED TO SEEK LEGAL ADVICE AT c r 1 ONCE TO PROTECT YOUR INTERESTS. .:r 0 � o File No. 205543-843505 111 11111111111 I1 1111 I III liii • STATE OF IOWA JUDICIARY Case NEQCV079296 County Johnson Case Title BANK OF AMERICA, N.A. VS JUAN NEUTZE ET AL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at fttto:/lwww-iowacourts-state-ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state,ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:htrpliwww,iowacourts,state,ia,us/Efte Scheduled f tearing. Ili C" We'-' J " "- ( �-•- I— I--< L., r— CD eV If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 • (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 10/03/2017 11:00:56 AM fi 1x.'Po.. ,?t'4,, 4'- .; t ,,,, 4% 'A 1; District Clerk of Johnson County Is/Alison Meade E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America,N.A. ) ) Plaintiff, ) ) EQUITY NO: EQCV079296 vs. ) ) Juan Neutze a/k/a Juan Miguel Neutze; Adriana Neutze; ) FORECLOSURE PETITION Parties in Possession; Cach, LLC; City of Iowa City, Iowa; L ) & M Accounts, Inc.; PFM, L.C., a/k/a Portfolio Fund ) Management,L.C.; State of Iowa; ) ) Defendant(s). ) NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM THE ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. FORECLOSURE PETITION Plaintiff. Bank of America, N.A., by and through its attorney, Emily Bartckoske of the firm of SouthLaw,P.C.,and for its cause of action against Defendant(s)states as follows: 1. The Plaintiff, Bank of America, N.A., is a business organization duly autlized tagansact © m business in the State of Iowa. --i -I ...._ 2. Defendant(s) Juan Neutze and Adriana Neutze are resident(s) of Johnson c6Ry, Iceua atan are believed to be husband and wife. lE;C 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land,and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2,&535.13. File No. 205543-843505 111111 1101111 1111 1 111111111 E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT 4. Plaintiff elects to waive its right to a deficiency judgment against Juan Neutze,and is seeking a judgment solely in rem against the subject real property described below. 5. On or about March 31, 2005, Juan Neutze executed and delivered a promissory Note (the "Note")to Iowa State Bank and Trust Company, in exchange for good and valuable consideration,in the principal sum of$96,000.00, together with interest. A copy of the Note is attached as Exhibit "A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 6. To secure repayment of the Note, on March 31, 2005,Juan Neutze and Adriana Neutze made and delivered a purchase money mortgage(the "Mortgage") to Iowa State Bank and Trust Company, on the real property legally described as: Lot 153 in Mount Prospect Addition -Part 111 to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 15, Page 76, Nat Records of Johnson County, Iowa, commonly known as 1927 Grantwood St,Iowa City,IA 52240(the"Property"). CI —2. elzij Mortgage was recorded on April 5, 2005,in Book No. 3860,at Page 593, in the office of Q- _>: Re arde-NZ Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit "B" and le JJJ — ?-c..- ..."n c orpc6tcdAfcrenc c. Li.. O 6 ` ', The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage attached as Exhibit "C"and incorporated by reference. 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the right to foreclose the Note and Mortgage. 10. Juan Neutze and Adriana Neutze failed to make the installment payments as they became due since April 1, 2017. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 2 File No.205543 E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 13. Under the terms of the Note and Mortgage, upon default, Defendant(s) Juan Neutze and Adriana Neutze. agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. 14. An Affidavit of Attorney's Fees as required by Iowa Code Section§625.24 will be filed prior to the entry of a Decree of Foreclosure. 15. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.2B and 654.2D. More than 30 days have passed since the notice was given, and the default has not been cured. A copy of the Notice is attached as Exhibit"D"and incorporated by reference. 16. The Note and Mortgage provide that in the case of default the holder may declare the entire principal balance plus accrued interest due and payable. 17. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of Acceleration (the"Notice")and made demand for payment of the accelerated balance pursuant to Iowa Code §654.4B. Fourteen days has passed since the notice was given. A copy of the Notice is attached as Exhibit"E"and 112 incorporated by reference. o C2 18. The loan remains unpaid and after crediting the amounts paid on the Not lv[ortgage';_ there is now due and owing Plaintiff from Defendant(s)Juan Neutze the following: ;Ce .,o m a. the unpaid principal balance of the Note in the sum of$79,618.80; b. the unpaid interest which has accrued at the rate of 5.375% per annum from larch 1, 2017, and which continues to accrue at such rate until fully satisfied; C. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; 3 File No.205543 [-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$60.00; f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property;and h. the costs of this action,including reasonable attorney's fees. 19. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the Defendant(s) may have or may claim to have some right, title or interest in or to the Property, but any�s uch claim is inferior and subject to the lien of the Mortgage. Q — : �0. D,fc idant(s) Parties in Possession arc named by virtue of his/her occupancy of the Property. LLI _..l?- ,_any iriacrestcifthrDefendant Parties in Possession have in the Property is junior and inferior to Plaintiff's 14\4ortg _ �-- C7 1. Defendant City of Iowa City, Iowa has been named by virtue of a junior mortgage securing a debt in the original principal amount of $31,500.00 recorded on April 12, 2005 in the office of the Recorder of Johnson County, Iowa, in Book 3862 at Page 246. Defendant City of Iowa City Iowa may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 22. Defendant PFM, L.C., a/k/a Portfolio Fund Management, L.C. has been named by virtue of a judgment filed on April 25, 2012 in the Towa District Court of Johnson County,as Case No.LACV74354. Defendant PFM, L.C., a/k/a Portfolio Fund Management, L.C. has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant PFM, L.C., a/k/a Portfolio Fund Management, L.C. may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiff's Mortgage. 4 File No. 205543 E-FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT COURT 23. Defendant State of Iowa has been named by virtue of judgments filed on November 6, 2015 and December 16, 2016 in thc Iowa District Court of Johnson County, as Case No. OWCR108952 and OWCRI 12840. Defendant State of Iowa has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s)against the Property. Defendant State of Iowa may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiff's Mortgage. 24. Defendant Cach, LLC has been named by virtue of a judgnent filed on January 13,2015 in the Iowa District Court of Johnson County, as Case No. SCSC086553. Defendant Cach, LLC has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant Cach, LLC may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 25. Defendant L&M Accounts, Inc. has been named by virtue of a judgment filed on March 17, 2015 in thc Iowa District Court of Johnson County: as Case No. SCSC087037. Defendant L & M Accounts, Inc. has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant L& M Accounts, Inc. may claim an interest in tJ the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 7: O `11 Plaintiff prays for a judgment against the Property for the following: ''—4 --- -�� a. the unpaid principal balance of the Note in the sum of$79,618.80; _'; -v rn b. the unpaid interest which has accrued at the rate of 5.375% per annutrir9In r rch rj 2017,and which continues to accrue at such rate until fully satisfied; c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$60.00; f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, 5 File No.205543 E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property;and h. the costs of this action,including reasonable attorney's fees. Plaintiff prays that the Mortgage be declared a first and prior lien on the Property, superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale. © Plainif prays that its Mortgage be foreclosed and that all junior and inferior liens and Mortgages be bled(fttki'claiming any right,title,or interest in the Property. ELI c" 1±1)::N PJ ' prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgclientr,_a d special execution should issue for the sale of the Property and the proceeds should be aped to Plaintiff's judgnent, together with interest, costs, and accruing costs including,but not limited to, any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriffs Sale. From and after the sale under special execution,the right,title, lien or interest of the Defendant(s)in the Property should be forever cut off,barred and foreclosed,and the purchaser at the sale shall take the Property free and clear of any right, title, lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County,Iowa, to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants, provided that the court first finds that (a) all equitable titleholders who have not abandoned the Property have consented to such sale: and (b) the terms of such sale are commercially reasonable. 6 File No. 205543 E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT Plaintiff prays for such other and further relief as may he just and equitable in the premises. Respectfully submitted, SouthLaw,P.C. Ls/Emily Bartekeskt Emily Bartekoske(AT0010255) 1401 50th Street, Suite 100 West Des Moines,IA 50266 (515)223-7325,ext. 369 (515)223-7276(Fax) Emi Iy.Bartekoske@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. ( •-J • -L 411•••••411•••••-1/ -•• - C7 :<� -, m 3 �✓' 0 7 File No.205543 [-FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT COURT I1. 11 fil NOTE /7- .- � t 5 a— 1.o; Co.! V march 31,200/5 Iowa City Iowa MOM. }-L [Date] [City] [State] rJ 1927 Grautwood St. Iowa City,IA 5224 r~ — [Property Address] cee Y:= BORROWER'S PROMISE TO PAY In return for a loan that I have received,I premise to pay U.S.$96,000.00/ (this amoontis called"Principal"),plus interest,to the order of the Lender. The Lender is to wa State Bank and Trust Company _ . I will stake all payments under this Note iii 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 tccelve 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 ata yearly rate of 5375/The interest rat required by this Sectiotl2 is the rateI 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 make my monthly payment on the 1st day of each month beginning on May 1St • 2005 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that may owe under this Note. Each monthly payment will applied as of its scheduled due date and will be applied to interest before Principal. lf,on April 1st , 2035 ,!still owe amounts under this Note,Iwill paylhoseamounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at 325 South Clinton St PO Box 1700 Iowa City,IA 52244 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.$537.57 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they arc due. A payment of Principal only is known as a "Prepayment."When 1 make a Prepayment,1 will tell the Note Holder in writing that I am doing so.I may not designates payment as a Prepayment if I have not made all the mo thly 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 l owe under this Note. However,the Note Holder may apply myPrcpa ent to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Priectpaiamouo the Note.If I make a partial Prepayment,there will be no changes in the due date or in die amou nt 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;and(b)any sums already collected from mc 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 (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 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 tate 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 tr.)pay immediately the full amount of Prittcipal which has not been paid and all the interest Utatl owe on that amount.That- ate must beat least 30 days After die date on which the ndtice is'biailed to me or delivered by other means. (0) No Waiver By Note-Holder • • Even if,ata time wheel am in default;the Note Holder does not require-me-1'40f irnhildiately in full as described above,the Note Holder wil[011have.the rie,huto do so ifI am in default at a later time. (E) Payment of Note'Holder'sCost5 and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Halder will have the right to be paid back by tee for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,.reasonabje attorneys'fees. ---- 7. GIVING OF NOTICES Unless applicable law requi]gs a different method,any notice that must be given to me under this Note will be given bydelivering it or by mailing it by first class mail to me at the Property Address above or at a differedt.address ifI 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 minting it by first class mail to the Note Holder at the address staled in Section 3(A)above or at a different address ifI am given a notice of thatdifferentaddress. 8. OBLIGATIONS OF PERSONS UNDER TIIIS 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,suretyor endorser of this Note,is also obligated to keep all of the promises made in this Note. The Note}folder may enforce its rights under this Note MULTISTATE FIXED DATE NOTE—Singly Family—Fannlc Mae/Frcddle.frac UNIFORM INSIRUMErT Form MOO fist tpns:I m12 pian) EXHIBIT "A" ' E-FILED 2017 SEP/61:14 PM JOHNSON- CLERKISTRICT COURT against each person individually or against all of us together.This means that any one of us may be required to payull of the amounts owed under this Note. 9. WAIVERS I and an%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 someurisdictions. 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 ifBorrower isnot a natural person and a beneficial interest in Borrower is sold or transferred)without Tender'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 tender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice•shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIG ' —(Seal) Bo Juan ire (Seal) Borrower (Seal) Borrower (Seal) Borrower WITHOUT RECOURSE (Sian Original Only) PAY TO THE ORDER OF Countrywide Document Custody Services,a division of Treasury Bank,N.A. Iowa State Bank and Trust Company L� -7) C A ! Peggy J. t ff'f e(/Vice-Presid _{C") rn o • III3QISBIld MIA 40130.1K15itlaalen 33 0;� Aa Matt'V PO A8 YN'NNW( ROW=Y 'SDJIAUDS AQOIS1103I19W(1 3RIMABINRCO 0t2!'SNV01?tYOH Alllll(10) 3SHt10�31IJ11O111fM BSbf10O3`l 1(101-LIM ONI SHVOIRIS10113abdAlliNi103 40100tlU314U 01Alfd 30N3ti110ALL W.AVd • • MULTISTATE FIXED RATE NOTE-Starts Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Farm 32a® Uel(pure 2 of 2 poses) E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK Doc ID: 019693990009 TVoe: OEN Recorded: 04/06/2006 at 03:54:51 PM Fee Amt: 147.00 Pane 1 of 9 Johnson County Iowa Kim Painter County Recorder - ..3860 P.593-601 W L.1 CV Ui! t ~re 1 : Catherine r1 Franz Iowa State Bank and Trust Company 325 South Clinton St PO Box 1700 "' O C._: Iowa City,IA 52244 [Space Above This Line For Recording Data] PURCHASE MONEY MORTGAGE MORTGAGE s. DP.FINITIONS 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 March 31st , 2005 ,together with all Riders to this document. (B) `Borrower"is Juan Neutze and Adriana Neutzer as husband and wife Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Iowa State Rank and Trust(ntostany - .Lender is a Corporation organized and existing under the laws of the.State of Iowa Lender's address is 325 South Clinton Std Box 1700 Iowa City.IA 52244 _ Lender is the mortgagee under this Security Instrument. (I)) "Note"means the promissory note signed by Borrower and dated March 31st —._200__. The Note states that Borrower owes Lender Ninety-Six Thnucand and 00/t I - Dollars(U.S.$96-000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1,2035 (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. (C)"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 0 Condominium Rider 0 Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider 0 Other(s)[specify] 0 1-4 Family Rider 0 Biweekly Payment Rider (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. (1)"Community Association Dues,Fees,and Assessments"means all dues,fees.assessments and other charges thal 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 hycheck,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 ofdamages,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 off,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 0)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.tc2601 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 requi rerrients IOWA-ti,ngte Fanoly--Fade MeelFwddie she UNIFORM 1NSTIttIMEI-r Finn 3015 1/01(page I if R 1.4,0 i EXHIBIT "B" • E-FILED 2017 SEP 08 1:14 PM JOHNSON- CLERK OF DISTRICT COURT and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not quality 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 partyhas 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) 1.nt 153 in Mount Prospect Addition-Part III to the City of Iowa City,Iowa,according to the plat thereof recorded in Book 15,Page 76,Plat Records of Johnson County,Iowa. 711 M G^J �"< =�( -o a which currently has the address of 1927 Grantwood St, [Street] Iowa Clty ,Iowa 52240 ("Property Address"): (City] lip 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 hinds 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 mayaccept anypaymcnt 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 Iran current. does Borrower 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 4.ainst Lender shall relieve Borrower from making payments due under the Note and this Security instrument or pftforming the covenants and agreements secured by thus 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 he 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 IOWA-Single r-a,raly—Facie Mi&rndelk Mar{MIFORM INSTRUMENT Form 3016 LVI(purr?"fSpuers} E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT 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 Iters. 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 arc called"Escrow perm."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 alf 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 he deemed to he a covenant and agement 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 falls to pay the amount due for an Escrow Item,Linder 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 arc then required under this Section 3. Lender may,at any lime,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 hokling 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 CO he paid on the Funds,Lender shall not he required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall he 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 otall sums secured by this Security Instrument-Lender shall prompdyrctirndto Borrower any Funds held by tender. 4. Charges;Lens. Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable to the - Property which can attain priority over this Secunty Instrument,leasehold payments or ground rents on the Property,if any, C. and Community Association Dues,Fees,and Assessments,if any.To the extent that these items arc Escrow Items,Borrower • shall paythem in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a) L...! a s to writing to the payment of the obligation secured by the lien in a manner acceptable to lender,but only so long as wed is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in, L hof eraceedings 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 eV Iter-subordinating the lien to this Security Instrument. If lender determines that any part of the Property is subject to a lige s teh can attain priority over this Security Instrument,Lender maygive Borrower a notice identifying the lien. Within of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth altmerin this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service rte— llsrd,Lry Lender in connection with this Loan. u 5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Prop.ty insulaagainst loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not e•`4 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 Iender'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 tees 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 consents 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 exist of the insurance coverage so obtained might signifinndy 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 hear interest at the Note rate front the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policiesuired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall rude a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional kiss 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 he 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 loweesuy;k Family•.Farir Mar/Freddlc Mac UNIFORM INSTRUMENT' Fora 3016 1101 Ipuxe 3,.J8 rw,te+l • E-FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT COURT 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 anyavailable 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 maynegotiate 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 dale of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating crrcurnstarces 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 m 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. S. 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 agnxd 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 he in effect.Lender will accept.use and retain these payments as a non-refundable loss reserve in lieu ofMatgage 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 separatelydesigna 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 •-J 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 Burrower and providing kr such termination or until termination is reojuired by Applicable Law. Nothing in this Section I0 © Borrower's obligation to pay interest at the rate provided in the Note. •L, ».. C—y Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may idcur-iff —1 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-irt� agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms andcoe that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agrccmerttsltf,y'y require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have availabteel '� (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 T. characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or crucifying the 0 IOWA-Single Formly Facie Mae/Fred*Mae UNIFORM LNSTRUMENT Foran 3016 101 (pugs I f8 pares) E-FILED 2017 SEP 08 1:14 PM JOHNSON- CLERK OF DISTRICT COURT mortgage insurer's risk,or reducing loss". 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 CFeceive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage •Insuranceterminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were ,, '- nearnatb't the time of such cancellation or termination. aL,AssignmentLendcr. of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and ll ( g shatdto �•r•.� -lithe Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the r rtftton or repair is economically feasible and Lender's security is not lessened.During such repair and restoration ,..rr' er shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such rd.-ensure the work has been completed to Lender's satisfaction,provided that such inspection shall he undertaken ttpest t,y:Linder may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the woe eriMpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such O Miagcilaneints Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous r--.. Proccec •..lf the restoration or repair is not economically feasible or Lender's security would be lessened,theMisoallarieous P all be applied to the sums secured by this Security Instrument,whether or not then due,with the excess. it'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 he 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 he 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 Pi open ty 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 oldie Properly 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 he 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 MiscellaneousProceeds 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. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time lir 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 anySuccessors in Interest of Borrower.Any forbearance by Lender in exercising anyright 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 he joint and several. However,any Borrower who on-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortggage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not persunallyobligated 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 tees,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 Secunty 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 than exceed the permitted limits,then:(a) any such loan charge shall he reduced by the amount necessary to reduce the charge to the permitted limit,and(h)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 he treated as a partial prepayment without any prepayment charge(whether or not aprepayment charge IS provided for under the Note).Borrower's acceptance of any such refund made by direct payment to&,t lower 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 IOWA-Sink.Femiy--Fade MadFreddie Mac UNIFORM INSTRUMENT Finn 3016 1101(pure 5148 w e,1 • E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice teeny 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.My 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 byLender. 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 explicitlyor 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 hy 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 axresponding 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. 7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument. 18.Transfer of the Property ora 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 pan of the Property or any Interest in the Ph ope ty 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 shalt 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 he sold one or more times withoutprior 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 t� , the than Servicer.Borrower will he given written notice of the change which will state the name and address of the neer Loan Servicer,the address to which payments should be made and any other information RESPA requires in cent ectiotj ,_{ a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than fi"r 0.611901 purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Doan Server of u transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by theitiptc N 17 purchaser. `.....f." M Neither Borrower nor Lender may commence, to join,or be joinedany judicial action(as either an individual --0 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 suet( Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section f.5} ,C" 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 CD 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"arc 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 re ognizal 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 mother 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 bin not limited to, any spilling,leaking,discharge,release or threat of release of any Hazardous Substance,and(c)any condition caused by the lowe-Sink Faini...t'arwe MpsFnddie Mac UNIFORM tNSTRUMHM' Farm 3016 1/01 Oaqc 6 of 8/w8es) • E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT presence,use or release of a Hazardous Substance which adversely affects the value of the Property.it-Borrower learns,or is notified byanygovernmental or regulatory authority,or any private pally,that any removal or other remediation of any HazardouSubsance 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 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. lithe default is not cured on or before the date specified in the notice,Lender at its option may require imniediate 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 bi 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 suns 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 relirquishesail right ofdower 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 I CTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS OR 'y URN _ March 31.2005 [Date) . L 4 March 31,2005 Adriana Neutze [Date] 26. Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure pro- ceeding env nght to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months. Wale court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: • (Seal) •• ewer jug eu �JYt4VS. VV QOtZ4 (Seal) Borrower Adriana Neutze (Seal) C Borrower CD C— J Borrower (Baal) Us I rJ 1— 4••••••.r 1-- 4CC c:24 � y u.•, r-- a IOWA•Singie Family-node M.OVreddte Mac UNIFORM INSTRUMENT Fenn MI6 IAi frog,7 cif$pgte.Q • E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT [Space Below This Line For Acknowledgment) STATE OF Iowa ) )ss: COUNTY OF Johosoa ) On this 31st day of March 2005 ,before me,the undersigned,a Notary Public in and for said county and state,personally appeared:Juan Neons and Adrian Neutze,as husband and wife to me personally known to be the person(s)named in and who executed the foregoing instrument,and acknowledged that they executed the same as their voluntary act and deed. My commission expires:0RJ14f2007 .4 CH�i18ANt L.FEHLBERL6 ,.:t//._/. ./' //`/ z Cnnx.tl6/lOn NumbtN 197934 My Ccmrunr4wn P.'PWI Notary Public in and f. "id ounty and State $ n 7 Christine L.Fchlberg 4 [Space Below This Line Reserved For Lender and Recorder NJ O• r . .:;� CD CD ---I --{ �..�.. --f N - r -u � fTl > o IOWA—SiagIe Farm3y-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (NC,8 of 8p'w ) !Dtpi 4 'ME BMX & TRUST Ctt+ I I MIMI E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT RIDER TO MORTGAGE This Tax Exempt Financing Rider made this date,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 to Iowa State Bank and Trust Co (herein,the"Lender")and covering the property 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,Countrywide Home Loans,Inc.(the"Servicer")or such of its successors or assigns as may by separate instrument assume responsibility for assuring compliance by the Mortgagor with the 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 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 .._J- Revenue Code of 1986,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 --Si (i 2)of the Code(except that the language cV c.)1,...._ )( ( eP 9 9e"100percent"shall be substituted for'95 percent or — >c::: where the latter appears in Section 143(d)(1)),unless the property is in a Targeted Area;or 1.1-.. 1.--. 1— ,.. `�+a O L• (c) at an acquisition cost which is greater than 90 percent of the average areaurchase p price(greater C than 110 percent for Targeted Area residences),all as provided in Section 143(e)and(i)(2)of the cCode;or (d) who has a gross family income not in excess of applicable median family income;all as provided in Section 143(f)and(l)(2)of the Code:or (2) the Mortgagor fails,or ceases,to occupy the property described in the Mortgage 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 an application for Mortgage which secures the Note. References are to the Internal Revenue Code of 1986,as amended,in effect on the date of the execution of the Mortgage and are deemed to include the implementing regulations. By signing below,the Mortgagor(s)accepts and agrees to the terms of this Tax Exempt Financing Rider D 3 t31tOS em ?.....5". N8,fro etc., eZC V C / ,! :;; 7"—.' Co-Borrower Juan N tze Adriana Neutze Typed Name Typed Name STATE OF IOWA ) )ss COUNTY OF -To h in si&r, ) On this 1 day of vVILLef Y1 , , CE1-T,before me appeared Juan Neutze Adriana Neutze to me known to be the person(s)described in the foregoing instrument,and who,being by me first duly sworn,executed the foregoing instrument and acknowledged,deposed and said that he/she/they executed the same as his/her/their tree act nd deed and stated that the information and certifications contained therein are true and correct. / / ' A -iv „rr' `p H"IS IN L EHLBERG Nota Public in and for ' e •un of P Commission Number 197934 h y) ,State of l0Oa isiMy'.ommmi$ • E •ns .. , . ' yCommission Expires: e-.. PCZ/-d 7 MR8 14 -E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK v., DEE N Recorded: 04/05/2005 et 03:05:09 PM Fog Amt: $7.00 Pace 1 of 1 Johnson County lova Kim Painter Courcy Recorder 3860 P"602 Pref alai My:Catherine.M Fran Iowa State Rank and Tract Company 325 South Clinton St PC)Box 17191 Iowa City,IA 52244 A SS I NIVILNT OF MORTGAGE (Corporation) Know All Men by These Presents That 10v,a State Rank&Trust Company,a corporation irn•orpurattd under the laws of the State of Iowa_and hwving its p:incipal place of business at 102 S.Clinton Street,Iowa City.Iowa.in the('nutty of Johnson.ar.d Slane ut fawn, lir and:n consideration of the=.urn of!Slants Six Thousand and 00/I00 —• DOLLARS.in hand paid,the recap:whereof is he:ehy acknowledged. duet hereby=alai:.assign.It ansfcr,and set over.to countrywide!Tome Loans,Inc.•It's Sue essora and±or Assigns _,a to rtain Indenture of Mortgage.hew ing date the 31st thy or March _A D, 2005 _made and executed by Juan Notizie and Atli—lane lam' tse,as husband and wife. . to — to Iowa State Batik ant tram Company on the following described red estate in the county or Johnson _. and State of Io a,in-wit! !.a Lot 153 in Mount Prospect Addition•Part 111 to the City of Iowa City,Iowa,according to the plat lhereoG J recorded In Book 15.Page 76,Plat Records of Johnson County,Iowa. C -11 13--4 --1 ...... n rn 11-1 mss- and filed for record in thsi office of the Retarder of the said County of Johnson _ in:he Slate of Iowa.un the 6.t4"" day of .( _,A,(). 2D717/-; .ut J','l o'clock -i' .M.,and recorded on Page 57=93 of Bsx k No. .3&t.i of _Mortgage Records of said County and State. Dated this �Is1 day or March AU.. ?005 /r C:URPURA'ri / Iowa State • d T Co . n S[tAl, • ff. J 'r J>\icl 4 Vice-President •• Ins.a t to Ka aZ4en y Fly L.C��+y° �� 4 . Christine L. t Slade of lova,Cranny of.Ioluasun , On this 31w day of March ,q n _2005_.before roc,Catherine M Franz a Notary Public in :ted kr the County or Johnson _ . `tate at Iowa, personally appeared Jg Trry.l Nialsn and Christing.I.Fehibcrr _ the('crrpurction which cse eted the above and fcae ping insticinem, who bcing by roc duty sworn. each Mr himscll, did say that they are tespcttively the Vice-President and Pres dent of said Cenpora:ion;that the se,d .ttlixed to said instrument is the;cal u:said Corporation and that stud instrument was by thein signed and staled on behalf of the said Cawporation try authority of its board of directors.and each of them acannwleci;ed Ihz execution of said instrt_ment to be the soluntary act and deed of said Corporal on.by.t and each of tltent volamai ily exec utel. In Winces Where',1 have he cento signal by name and affixed my Notarial Sea.the day and year Last above w:itten. t CATNERisS M FRANY .1 I# r CenMntssw s MutnbN 715965 ( i NOTARIAL MyCotntnisatanU w6 � 4�.,( C.1)) ,ry,. SEM. • _ ,r' �1{ r•' Cathcrint M Frani: Notary Public in and fax Libman]Count).State of Iowa EXHIBIT "C" Book: 3860 Page: 602 Sctall11.11 I . • I Page 1 of 1 E-FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRI ° Doc ID: 019903100CC1 Type: GEN Recorded: 08/16/2005 at 12:29:3e PM Fee Art: $7,00 Paoe t of 1 Johnson Coanty Ieti.a Kin Painter County Recorder 3926 FG880 ***Corrective Assignment pr,p.m., Catherine Mf Franz,roan 325 South Clinton St PO Bux Iowa_Ci lnform:Aion. individual's Name street AJdrrss City Tele awn.# ASSIGNMENT OF MORTGAGE NOTE AND MORTGAGE KNOW ALL BY THF.SF PRESENT: That luwa State Bank and Trust Company ,a corporation duly organized and existing under the laws of the State of Iowa , Assignor.in consideration of the Burn of Ninety Six Thousand and 00/100 DOT I.ARS($' ,000.00 _)in hand paid by Countrywide Document Custody Services.a division of Treasury Bank,N.A. _Assignee, receipt whereof is hereby acknowledged, does hereby sell, assign, transfer and set over, to the Assignee, its successors and assigns, that certain mortgage executed by"Juan Neutze and Adriana Neutze,as husband and wife as Mortgagor(s)hearing the date of the 31st day of - March , 2005 filed for record in the Office of the County Recorder of the County of Johnson State of Iowa,on the 5fh day of_ f r1' 2005 ,and recorded in Book Y61,eD(.� ,Page 5413 ,as Document Number_ ,of the Johnson _ County. Iowa records,and the Mortgage Note relating therein. iN WITNESS WHEREOF,this instrument is executed this 31st day or - March 2005 Iowa State Bank T . 'o an " - By �. •r., - `'- :R,. (Nam51. e ,• sen •. • i•= • " Its Vice-Pfesiden ..... CV '�r`) `?c gats►. [SEAL' e) •;.,_ : , {•`�;., (NatTelChristinc I... 'ehlberg t� t..^ 0., ........ •fJ.--• •, wrrrrl,.l.a,♦ its r �. Vice-President S7'A7'k OF IOWA ) )ss COUNTY ol:Jahnsun ) On this 31st day of March __, 2.005 , before me, the undersigned Notary Public in and for said County and State,personally appeared.Ieflfrev.l Nielsen and Christine L.Feldberg ,to me personally known. who being by me duly sworn did say that they arc theVice-President -and Vice-President respectively of said corporation, that (nn seal has been procured by said)(the seal affixed hereto is the seal of said)corporation;that I said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors, and that the said Iowa State Bank and Trust Company as such officers acknowledge the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. CôJi'ui _ L t U' c -1'4 ,r CA,ruirt M FRANZ ry JbtiC �a.a t` Catherine M lir nx Y_4i �r (:omrr:bsto, Number 715965 My ao oere:• kuplces o..' :. C:y Cbl- 1(- S Johnson County,State of Iowa My Commission Expires:04/09/200K Iowa State Bank Sc'frust * Re-KA rn /o.. PO Box 1700 Iowa City, IA 5:):7'4'.-- Book: 3926 Page: 880 5eq Page 1 of 2 • E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT • BK: 5456 PG: 541 Recorded: 12/18/2015 at 3:10:27.673 PM Fee Amount: $12.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa THIS INSTRUMENT PREPARED BY Benjamin W. Hopkins / 1350 NW 138`r Street, Suite 100, Clive, IA 50325-830B -,■ RETURN TO: Petosa Law Firm, 1350 NW 138th Street, Suite 100, Clive, IA 50325 Petosa ASSIGNMENT THIS ASSIGNMENT is made as of this 7 day of )fPrnt/Ir +2. 20 )5 , by Countrywide Document Custody Services, a division of Treasury Bank, N.A. ("Assignor") , to Bank of America, N.A. ("Assignee") . FOR VALUE RECEIVED, Assignor does hereby grant, bargain, sell, assign, transfer and set over to Assignee, a certain Mortgage executed by Juan Neutze and Adriana Neutze, husband and wife, given to secure payment of the sum of $96, 000. 00 plus interest, dated 03/31/2.005 and filed 04/05/2005 in Book 3860 Page 593, in the Recorder' s Office of Johnson County, Iowa. TO HAVE AND TO HOLD the same unto Assignee and its successors, legal representatives and assigns forever. IN WITNESS WHEREOF, Assignor duly executed this Akisibn t{ nt a~ •r as of the date first above written. ; -A i =,nITT al s�� 3 c3 Neutze/1927 Grantwood Street, Iowa City, IA 52240 /611Book: 5456 Page: 541 Seq: I Page 2 of 2 E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT Ae,A.� c f�lvttutzt, v/ •:118/H 10`Jett,iGI. tjfic: sitdAi4, i//el tJ iJidt_SfFn��,fst3 F/K// ('�,a,t><c %.1�R -.tlrM4f/ ,/1 COUNTRYWIDE DOCUMENT CUSTODY SERV_CES, A DIVISION OF TREASURY BANK, N .A. a By: Ktf c—J )-----.--- 1?/7//5 -- al it w,. Name: Ku,Lrr01 / 4iJ f. E.,.�./a r N V_ Its: 1 Si 5+urJ Ifi( 7 P25idfr E.L. a t:� By: 4� 12`7'/S r-- C_. Name: MriChei€ arr,"€ I.?obrhso-n N Its : A}Ssrs-irsn-t I/tce P,-.jcleftf L9VPJ Our file 11 ACKNOWLEDGMENT State of rt }_ctl -_—____ County of 1L/14QI'Cr1r ) OnCf rvth nF. 7, ,I1 /5 before me ,/560114 PCrr9 A( kr y R Irc— Personally appeared 4 olv i-)4 rt1 f_:k wLin _Mil bek /grim . Oj ui1 sari W proved to me on the basis of satisfactorf evidence to be the person(s) wh narne(s) i• subscribed to the within instrument and acknowledged to met a/sh the executed the same in his/her; ').uthorized capacity(ies), and that by his/he thei ignature(s)on the instrument the person s , or the entity upon behalf of which the person s acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of f R/47-6-114, that the foregoing paragraph is true and correct. Witness my hand and official seal. / t?EBORAN KING / 7 54& ' )Si nature Seal -ti►' My comn+res;on Expires August r 2016 gefrAIA kr , Neutze/1927 Grantwood Street, Iowa City, IA 52240 Vi<1-- Book: 5456 Page: 541 Seq: 2 • Bank of America ''''I' 11/02/2016 Notice Date: March 20,2017 JUAN NEUTZE Account No.: 1927 Grantwood St Property Address: Iowa City, IA 52240-5902 1927 GRANTWOOD ST IOWA CITY,IA 52240 Notice of intent to accelerate and right to cure default Este es un aviso importante respect° a su derecho a vivir en su casa. Favor de traducirlo de inmediato. (This is an important notice concerning your right to live in your home. Have it translated at once.) Dear JUAN NEUTZE: Bank of America. N.A. services the home loan described above on behalf of the holder of the promissory note (the "Noteholder"). The loan is in serious default because the required payments have not been made. The total amount now required to cure this default, in other words, the amount required to bring the loan current, as of the date of this letter is as follows: d o >-4 ...... • --4C") 1 :<171 rn EXHIBIT "D" ■ Bank of America. N.A. is required by law to inform you that this communication is from a debt collector. If you are currently in a bankruptcy proceeding or have previously obtained a discharge of this debt under bankruptcy law, this notice is for informational purposes only and is not an attempt to collect a debt, a demand for payment or an attempt to impose personal liability for a discharged debt. Monthly ChargE.FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT Month Principal & Interest Escrow Optional Products Total Monthly Due Amount Amount Amount Charge 02/01/2017 $404.62 $360.29 $0.00 $764.91 03/01/2017 $404.62 $360.29 $0.00 $764.91 Late Charges: Month Amount 03/01/2017 $20.00 Total Monthly Charges: $1,529.82 Current Late Charges: $20.00 Prior Uneid Late Charges: $20.00 rtrital Other Charges/Fees: $15.00 Liial Pzymer _paiance: ( 0.00) Lj __!r. rAL E ..L L $1,584.82 LTOTAL REQUIRED TO CURE THE DEFAULT AS OF THE DATE OF THIS LETTER: $1,584.82 • You haver-the right to cure the default. To cure the default, on or before April 29, 2017, Bank of America, N.A. must receive the amount of $1,584.82 plus any additional regular monthly payment or payments, late charges, fees and charges, which become due on or before April 29, 2017. Please contact the Home Loan Team at 800.669.1904 to verify the amount necessary to cure the default and bring your loan current. If this default is cured, this obligation can continue as though you were not in default. The default will not be considered cured unless Bank of America, N.A. receives "good funds" in the full amount as set forth in the previous paragraph on or before April 29,2017.This means that if any check(or other payment) is returned to us for insufficient funds or for any other reason, then "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. Bank of America, N.A. reserves the right to accept 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. The failure to cure the default on or before April 29, 2017,may result in acceleration of the sums secured by the security instrument, foreclosure by judicial proceeding and sale of the property. You have 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 to acceleration and foreclosure. If you fail to cure the default, Bank of America, N.A. and the Noteholder shall be entitled to proceed with the initiation of a foreclosure action or procedure. In addition, Bank of America, N.A. and the Noteholder shall be entitled to collect all expenses incurred by Bank of America, N.A. and the Noteholder in pursuing any of their remedies provided in the security instrument, including but not limited to, reasonable attorney's fees and costs of title evidence, to the full extent permitted by law. A deficiency judgment may be sought against you to collect the balance of your loan after foreclosure if permitted by law. According to your loan documents, Bank of America, N.A. may, enter upon and conduct an inspection of your property because your loan is in default. 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 before 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 and as permitted by law. • E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT If you are unable to cure the default on or before April 29, 2017, Bank of America, N.A.wants you to be aware of various options that may be available to you through Bank of America, N.A.to prevent a foreclosure sale of your property. For example: • Full Payoff:You can pay off your loan in full by selling your property for any amount equal to or exceeding the total amount owed on your loan,or you may refinance your loan. • Repayment Plan: You may be eligible for a repayment plan that allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over time. . • Loan Modification: A loan modification is a change to the original terms of your loan. Loan modifications could include lowering your interest rate, extending the term or maturity date of the loan, moving from an adjustable to a fixed-rate loan, deferring some portion of the unpaid principal balance to the end of the loan, and/or forgiving some portion of the unpaid principal balance.This foreclosure alternative is limited to certain loan types. • Short Sale: If you can no longer afford to make your mortgage payments and your home is worth less than you owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale, the lender agrees to accept an amount less than what is actually owed on the loan. • Deed in Lieu of Foreclosure: Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership of your house and all property secured by your mortgage loan.This may satisfy the total amount due on that mortgage. If you are interested in discussing any of these foreclosure alternatives with Bank of America, N.A., you must contact us immediately. If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, please be advised that your decision to pursue any of these options is strictly voluntary. If you request assistance, Bank of America, N.A. will need to evaluate whether that assistance can be extended to you. In the meantime, Bank of America, N.A. may 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 April 29, 2017 as outlined above may 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 not 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. Please comply with these requests in a timely manner so your request for assistance can be considered as quickly as possible. 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. Additionally, the U.S. Department of Housing and Urban Development (HUD) funds free or veryjow cost housing counseling across the nation. Housing counselors can help you understand the law and yo Poptions. They can also help you to organize your finances and represent you in negotiations with:your lerlbr if ypu need this assistance. You may find a HUD-approved housing counselor near you by calling;800.56 4287 c g�l visiting HUD's website at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. For the hearing_hnpaed, HUfl" Counseling Agency (TDD) numbers are available at 800.877.8339. You may also contact=t4.41U[ ppro ed counseling agency directly. rn rr i 'L7 Time is of the essence. Should you have any questions concerning this notice, please contact us irti§ediately at 800.669.1904. Our office hours are Monday through Thursday, 7 a.m. to 11 p.m.; Friday, 7 a.rrr.bo 7 p.m. and Saturday, 7 a.m. to 2 p.m. Central. Bank of America,N.A. Home Loan Team ■ E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT ' To contact us Phone 800.669.1904 Office Hours Monday through Thursday. 7 a.m.to 11 p.m.;Friday, 7 a.m.to 7 p.m. and Saturday, 7 a.m.to 2 p.m.Central Mail PO Box 31785 Tampa, FL 33631-3785 To mail a PO Box 650070 payment Dallas,TX 75265-0070 r.: t L) vN- N I -< O L.. C=D cJ N E-FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT COURT Important Disclosures We may report information about your account to credit bureaus. Late payments,missed payments,or other defaults on your account may be reflected in your credit report. There has been a payment default or other default on your loan that could result in acceleration of all sums due under the note.As a result, Bank of America N.A.will use companies to provide services required to protect the note holder's interest and rights in the property and under the Note and Security Instrument, including any remedies thereunder(the'Default Related Services.). Fees will be assessed to your loan account for the Default Related Services.A schedule of fees that may be charged to your account for Default Related Services is available at the following Web address: https://www.bankofamerica.com/home-loans/pop-up/default-fees.go. If you do not have Internet access, please contact us at 1.866.926.1273 to have a fee schedule mailed to you. The fee schedule contains a list of the common non-state specific Default Related Services you could be charged,however it does not include a complete list of all fees or charges that could be assessed on your loan account. MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military,please contact us immediately.The federal Servicemembers Civil Relief Act(SCRA)and similar state laws provide significant protections and benefits to eligible military service personnel. However,military service and/or SCRA qualification may not necessarily prevent foreclosure. If your loan is in default,a court may authorize foreclosure. If you are having difficulty making your payments,please call us as soon as you can so we can discuss various home retention options.You can reach our Enterprise Military Benefits Unit at 877.345.0693. From outside the U.S.,please call us at 817.245.4094. Homeowner counseling is also available at agencies such as Military OneSource at militaryonesource.mil or 800.342.9647 and Armed Forces Legal Assistance at legalassistance.law.af.mil,and through HUD-approved housing counseling agencies,which you can find at hud.gov/offices/hsg/sfh/hcc/hcs.cfm. ru 0 -'� -v - o rw ■ 1unw/ua E-FILED 2O17SEP 08114P&4JOHNSON -CLERK OFDISTRICT Options are Available to Help You Avoid Foreclosure���N�N� ����NN�� ����m �����������m �� 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 Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loan Reinstatement up to date until the day of your foreclosure sale. Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay off a portion of the past due amounts over timeThis 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 Forbearance a period of time,to allow you to re-establish your ability to make the required payments. Agreement Loan A loan modification is a change to the original terms of your loanLoan modifications could include / Modification lowering your interest rate, extending the term or maturity date of the loan, moving from an (non-HAMP) adjustable to a fixed-rate loan, deferring some portion of the unpaid principal balance to the end of the loan, and/or forgiving some portion of the unpaid principal balance. Partial Claim If you have a Federal Housing Administration (FHA)loan and your payments are past due but you (FHA loans only) are now able to make your regular monthly mortgage payment, this program is designed to bring your 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 Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than you Pre-foreclosure owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale, the Sale (non-HAFA) lender agrees to accept an amount less than what is actually owed on the loan. Offered to borrowers who are not eligible for HAMP or other home retention alternatives. Deed in Lieu of Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership of Foreclosure your house and all property secured by your mortgage loan. This may satisfy the total amount due (non-HAFA) on that mortgage. Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not able to sell the property through a short sale. We are here to help you. Please call us today, ry UK � o- Lt..1 xa (")�� >--�� 1.-- c) ~~ 7. r~ �D _ ����� • 10/14/2016 E-FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT C Hay opciones disponibles para ayudarle a Evitar Ia Ejecucion Hipotecaria Llame al numero que aparece en Ia notification adjunta para obtener más information Cuando (lame, por favor tenga a la mano Ia information de sus ingresos y gastos para que podamos discutir cuates opciones podrian funcionar para usted. Opciones a considerar si su objetivo es permanecer en su casa , yf. `.l^ �rNis'�q'yer`a,�.G^S tY4`3•' S Y 'aii .s'}[k.3 X�7 SY. '�S"9a1 a{Y% 'S i !.+`svl �? 7�e J ie> c , i i i r!+ Y. ✓.d. ,. . .�.t ..nom' .' � 5�,:�. . .. .: —.. +'—R.•wu.uu,...vnwr.uu.uuuu•e.r/ •^w.a..•ww+-•aYw.�.w[..ilaitiwlKw..ui6iwGwVwuw✓.a• Restablecimiento Si usted puede poner al dia los pagos de su prestamo, aceptaremos los fondos necesarios para del Prestamo que el prestamo este al dia hasta la fecha de la yenta por ejecuci6n hipotecaria. Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, edemas de pagar una porci6n de los montos vencidos a traves del tiempo. Esto puede incluir capital, interes, cargos o costos aplicados a su prestamo. Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro de los Temporal de pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de hacer los pagos Tolerancia por requeridos. incumplimiento Modification de Una modificaci6n del prestamo es un cambio en los terminos originales de su prestamo, Las Prestamo modificaciones podrian incluir reducir su tasa de interes, extender el termino o la fecha de pago (no por media de del prestamo, Gambier de un prestamo de tasa de interes ajustable a uno de tasa de interes fija, HAMP) diferir una parte del saldo del capital impagado al final del prestamo, y/o condonar una parte del saldo de capital impagado. Reclamo Parcial Si usted tiene un prestamo de la Administraci6n 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 Ia este disenado para que su prestamo este al dia mediante la creaci6n de una segunda hipoteca/ FHA) gravamen sobre su propiedad por el monto que este vencido. Q � "` - r mc .C- 0 10114!:)016 E-FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT CO Opciones a considerar si no puede o no desea quedarse en su casa Programara: I Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que usted descubierto/ adeuda, una yenta en descubierto le podria permitir vender su vivienda para pagar Ia hipoteca. En Venta previa a Ia una yenta en descubierto, el prestamista acepta recibir una monto menor de lo que actualmente se ejecucion adeuda en el prestamo. Se ofrece a los prestatarios que no califican para HAMP o para otras hipotecaria(no alternatives de retencion de la vivienda. por medio de HAFA) Escritura de Se usa como una alternative de la ejecucion hipotecaria. Con una escritura de traspaso voluntario traspaso de de propiedad en lugar de la ejecuci6n hipotecaria, usted transfiere la titularidad de su vivienda y propiedad en toda la propiedad que garantiza su prestamo hipotecario. Esto puede hacer que el monto total lugar de la vencido de esa hipoteca se considere como pagado. Se ofrece a prestatarios que no califican ejecucion para HAMP u otras opciones de retencion de vivienda, y que no pudieron vender la propiedad a hipotecaria (no traves de una yenta en descubierto. por medio de HAFA) Estamos aqui para ayudarle. Por favor Ilamenos hoy. N IL' 1>-: N V C l---C r CD 0 N • • E-FILED 2017 SEP 8 i3tfistt?mDIQBib-CLERK OF DISTRICT COURT Overland Park.KS 66213-2660 S U U 1T H L A W 913.663.7600 southtaw.com A. Prcfessional Corporation offices In Missouri • Kansas• Nebraska •Iowa August 11,2017 ru Juan Neutze 4 1927 Grantwood St :c-, p "Ti Iowa City,IA 52240 --4 --1 c)-< Re: Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance --4 C) N Property: 1927 Grantwood St,Iowa City,IA 52240 . �rn —o r Loan Servicer: Bank of America,N.A. Loan Number. - -�- k Original Loan Amount: $96,000.00 y' c7 Date of Note: March 31,2005 rix Creditor: Bank of America,N.A. File No. Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded.the Creditor now demands payment of the accelerated unpaid principal balance of$79,618.80,plus contractual interest from March 1.2017,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$83,586.69 to be paid within 14 days from the date of this letter in accordance with Iowa Code§654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to. foreclosing the Mortgage. Certified funds must be tendered(money order or cashier's check)and made payable to Bank of America, N.A.,and mailed or delivered directly to: SouthLaw,P.C. • Attn: Loss Mitigation Department 13160 Foster Suite 100 Overland Park,KS 66213-2660 Funds must be received no later than 5:00 p.m.CST on or before 14 days from the date of this letter. If a personal check is tendered, the funds will be returned. If there are additional questions about the information contained in this letter,please contact the Loss Mitigation Department: W Telephone:(913)663-7600 or toll free at 800-381-1536 if calling from Kansas.Missouri,Nebraska or Iowa (8:30 a.m. -4:30 p.m.Central Standard Time) Regular Mail: 13160 Foster Suite 10).Overland Park,KS 66213-2660 Fax:(913)663-7899 E-mail:lossmit dsouthlaw.com If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt,but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw,P.C.,a debt collector,is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. EXHIBIT "E" FILED 2017 SEP 08 1:14 PM JOHNSON-CLERK OF DISTRICT COURT ' 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 1-871-822-4866 as soon as possible.The earlier you call, the more options that are available to you.When you call, you will be referred In a trained, professional counselor who will listen to your situation and offer free, confidential advice throes 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. it'`r The fact that a foreclosure petition may be or has been filed against G you does not necessarily mean that you will lose your house. It is NOT c L.. too late. There is still time for help. IL! a' ?' LI c.►_- Do Not Delay.This may be your best chance to save your >—C...3 home from foreclosure. o Call 1-877-622-4866 todaygo to IowaMort orgageHelp.com. `V This free call could save your home. 'i 0 • 1 Iowa Mortgage Help 1-877-622-4866 iii www.lawa M ortgage Help.eom This not ce is being provided as required by tuna Code section 654.4512). • E-FILED 2017 SEP 08 �r� aF 04(1499-CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTH LAW 913.663.7600 southlawcom A Professional Corporation otNc•stn Missouri • Kansas•Nebraska •Iowa August 11,2017 Adriana Neutze 1927 Grantwood St Iowa City,IA 52240 C3 "' Re: Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 1927 Grantwood St,Iowa City,IA 52240 1>--t —4 c Loan Servicer: Bank of America,N.A. %-"‹ N Loan Number. — C Original Loan Amount: $96,000.00 `(-71 -77 r s rf Date of Note: March 31,2005 • Creditor. Bank of America,N.A. File No._ � 3 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded.the Creditor now demands payment of the accelerated unpaid principal balance of$79,618.80,plus contractual interest from March 1,2017,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$83,586.69 to be paid within 14 days from the date of this letter in accordance with Iowa Code§654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to, foreclosing the Mortgage. Certified funds must be tendered(money order or cashier's check)and made payable to Bank of America. N.A.,and mailed or delivered directly to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster Suite 100 Overland Park,KS 66213-2660 Funds must be received no later than 5:00 p.m.CST on or before 14 days from the date of this Ietter. If a personal check is tendered, the funds will be returned. If there are additional questions about the information contained in this letter,please contact the Loss Mitigation Department: 8 Telephone:(913)663-7600 or toll free at 800-381-1536 if calling from Kansas,Missouri,Nebraska or Iowa (8:30 a.m.-4:30 p.m.Central Standard Time) `< Regular Mail: 13161)Foster Suite 100.Overland Park,KS 66213-2660 gri Fax:(913)663-7899 j0 E-mail:lossmittsouthlaw.com If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt,but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw,P.C.,a debt collector,is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. FILED 2017 SEP 08 1:1'1 PM JOHNSON-CLERK OF DISTRICT COURT . a 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 lowa-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 1-877-8224866 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 throes 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 ctit you does not necessarily mean that you will lase your house. It is NOT C too late. There is still time for help. II --1. y, a I Do Not Delay.This may be your best chance to save your C.i home from foreclosure. .....o F...- t--- s t:;.` Call 1-877-622-4866 today or go to lowaMortgageHelp.com. '': This free call could save your home. c--J %' 1 Iowa Mortgage Help 1-877-622-4866 www.lowa M ortgage Help.com This notice is being provided as required by Iona Code section 554.45E2). END OF CASE FILE E-FILED.2017 NOV 22 4:09 PM JOHNSON -CLERK OF DISTRICT COURT • eForm 3.1: Original Notice and Petition fora Money Judgment - • In the Iowa District Court for :`v 1 '%.11, S=',1 County • . • Plaintiffs) A •, L 1-) : is 's") ii oaf (Name) �7 .• Original Notice and Petition 5 3 i��e l " i'e U for`a MoneyJudgment(Address) 1 �, A c g - r 1 C •� 6 N 'cc l�i'r'�.. - . (Name)„ ,. 5 - - I, . (Address) . vs. • Defendants) . • • (Name) y • . • (Address) C. ,'✓ �� `^`�� �t , _ . .• . ,..„. . . i. iSFS • .G • ,. - I 1 —• , (Name) • . t _. c"-•°--- cam.- , .1A 5 v- -t . • . (Address) . To Defendant(s): . 1: You are notified that Plaintiff(s)demand(s)from.you the amount of$ .1- 3 ' 1 •.1 e plus court costs based on (state briefly the basis for the demand, not to exceed 5000): 1vs -► os-1- a —i° 6` q S - .7vea-4 '5pOr i ci,�' c.,asr t • 2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days • of the service of the Original Notice upon:you. Judgment may include the amount requested.plus interest and court costs. 3. You'must electronically file the Appearance'and Answer using•the Iowa Judicial Branch Electronic Document Management System (EDMS)at httpsJ/www.iowacourts.state;ia.us/EFile,unless you obtain from the court'an exemption from electronic filing requirements. 4. If•your Appearance and Answer is filed within 20 days and you deny the claim:you will receive • • electronic notification through EDMS of the place and time of the hearing'on this matter. • • • . • • - 5. If you electronically file, EDMS will serve'a'copy of the'Appearance and Answer.on Plaintiff(s) or on the attorney(s)for Plaintiff(s). The Notice of Electronic Filing will indicate.if Plaintiff(s)is(are)exempt from'elec- _ tronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). . 6. You must also notify the clerk's office of any address change. • . • . Filing Plaintiff or Attorney ' . ' Second Plaintiff,if applicable •',!,..2 •aj. 1 r+r • • Law firm.or entity for which filing is made.if applicable . - Law firm.or entity.for•which filing is pude if a•1.,cable r.. —1 C'> w V...... • M eForm 3.1.page 1 of 3 r C73 • tiD i. • -• MO . CA,oinrtl�( (�/ ✓‘c,- � 1�/ STATE OF IOWA JUDICIARY Case No. SCSC091883 County Johnson Case Title ADIL ADAMS VS CITY OF IOWA CITY THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at htto://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http:/Iwww.iowacourts.state.ia.us/Efile Scheduled Hearing If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)398-3920 . (If you are hearing impaired,caii Reiay Iowa TTY at 1-800-735-2942.) Date Issued 11/22/2017 04:14:48 PM r�1 trt District Clerk of Johnson County /s/ Grant Cornick eForm 3.11: Appearance and Answer of Defendant(s) In The Iowa District Court for JOHNSON County Plaintiff(s) Appearance and Answer of Defendant(s) ADIL DAOUD ADAMS a`ad Small Claim No. SCSC091 ;j vs. *c, "Ti b= c Defendant(s) --�.q—CI, CB If you need assistance to participate in co. a.- to aglisabilital the CITY OF IOWA CITY disability coordinator(information at www.iowa.courts.gov/Representing_Your :+, AA=s).PEO who are hearing or speech impaired may callOviy Iowa TCY(1-800-735- 2942).Disability coordinators cannot p de legealldvice. Check only one of the following: The claim is denied. Parties will receive electronic notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). The claim is admitted.Judgment may be entered. The claim is admitted in part in the amount of$ . Parties will receive electronic notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). 1. You must electronically file your Appearance and Answer using EDMS, unless you obtain from the court an exemption from electronic filing requirements, at https://www.iowacourts.state.ia.us/Efile 2. If you electronically file, EDMS will serve a copy of this Appearance and Answer on Plaintiff(s), unless Plaintiff(s) is (are)exempt from electronic filing, or to the attorney for Plaintiff(s). The Notice of Electronic Fiing will indicate if you must mail a copy of your Appearance and Answer to Plaintiff(s). 3. You may download this form online at https://iowacourts.state.ia.us/Efile. Unless the court has granted you an exemption from electronic filing, you must scan and electronically file this Answer and Appearance form, or fill out and electronically file the online form, in accordance with Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System. /s/ /s/ Filing Defendant or Attorney Second Defendant if applicable Law firm,if applicable Law firm,if applicable Mailing address Mailing address Telephone number Telephone number Email address Email address Additional email address,if applicable Additional email address,if applicable eForm 3.11,page 1 of 1 • CLERK OF DISTRICT COURT 417 S CLINTON ST IOWA CITY.IA 52240-4108 9214 8901 0661 5400 0116 1694 13 RETURN RECEIPT(ELECTRONIC) scsc091883 CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY,IA 52240-1826 Slt 2M don CD .1.-"" "C _ r 0 I MpbCertified8x5Label v2017.04.26.92 END OF CASE FILE NOTICE TO REDEEM FROM TAX SALE Exhibit"A" TO: Person in Possession i � . George J Baculis,Jr. L MidWestOne Bank Dennis R Parrot, Power of Attorney for George J Baculis,Jr. 2017 AN Diana B. Baculis _ Joshua Schoenfeld&Colin Dingier CITY CLER State of Iowa t 0 WA ri I T'±', 10 WA City of Iowa City Johnson County, Iowa Any and all person(s) in possession of the parcel hereinafter described. All of the heirs,spouses, assignees, grantees, legatees,devisees, and successors in the interest both known and unknown, and all unknown claimants claiming to have any recorded or unrecorded right, title, or interest in and to the parcel hereinafter described. YOU ARE HEREBY NOTIFIED that on the 16th day of June, 2014,the following described parcel, situated in Johnson County, Iowa,to wit: Legal: Beginning at a point 127 feet Southwesterly of the Northwesterly corner of Lot 2,St.Mathias Second Addition to Iowa City, Iowa, according to the recorded plat thereon; thence Northeasterly along the South line of the North One-half of said Lot 2 to a point 125 feet Southwesterly of the Northeasterly corner of the South One-half of said Lot 2; thence in a Southerly direction parallel to the Easterly line of said Lot 2 to a point 125 feet Southwesterly of the Southeasterly corner of said Lot 2;thence Southwesterly along the South line of said Lot 2 to an iron pin 44 feet East of the Westerly line of said Lot 2;thence Nest to the West line of Lot 2,44 feet; thence Northerly along the West line of said Lot 2, 112.5 feet to the point of beginning.Also described as being the Southerly half of Lot 2 of St.Mathias Second Addition to Iowa City,Iowa,as per recorded plat thereof,except the Northeasterly 125 feet thereof and except u tract described as beginning at the Southwest corner of said Lot 2;thence North 14.5 feet;thence diagonally East 44 feet to intersect the boundary line between said Lot 2 and Lot I; thence West to the place of beginning. Parcel#: 1002351010 Certificate #: 140181 Was sold at tax sale by the Treasurer of Johnson County for the then delinquent and unpaid taxes against the parcel and/or special assessments against the property,that a Certificate of Purchase was duly issued to Wago 131 by the county Treasurer of Johnson County, Iowa pursuant to said tax sale, which certificate is now lawfully held and owned by Wago 131, and that the right of redemption will expire and a deed for said parcel will be made unless redemption from said tax sale is made within ninety (90) days from the completed service of this notice. Dated: ._ (� — / 7 No Boundry, LLC Wago 103 BY: _ l Matthew Goracke, Agent 4118 Briarwood Dr Matthew Goracke, agent Council Bluffs, IA 51503 4118 Briarwood Dr C L : K o.4 Lt l x SL&( Council Bluffs, IA 51503 �vor 5��-► , Ny S END OF CASE FILE = f IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE WASTE SYSTEMS, INC. ) Case No. CVCV078842 Plaintiff, vs. ORIGINAL NOTICE THE CITY OF IOWA CITY, IOWA; CITY COUNCIL, CITY OF IOWA CITY, ) -, IOWA; TRANSPORTATION AND ) RESOURCE MANAGEMENT DEPARTMENT, CITY OF IOWA CITY, ) C ry IOWA ) • -73 ..ri Defendants. ) = f',) TO: THE ABOVE-NAMED DEFENDANTS You are notified there is a Petition for Writ of Certiorari and for Temporary and Permanent Stay or Injunction on file in the office of the clerk of the above court. A copy of this filing is attached. The Plaintiff's attorney is Mark E. Liabo, Currie & Liabo Law Firm, P.L.C., whose address is 1853 51st Street NE, Suite 1, Cedar Rapids, IA 52402. The Plaintiff's attorney's phone number is (319) 826-3781 with a facsimile transmission number of(319) 774-5638. You must serve a motion or answer within 20 days after service of this Original Notice upon you and within a reasonable time thereafter, file your motion or answer in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability,call the disability coordinator at(319)398-3920 x1105. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942.) Disability coordinators cannot provide legal advice. CLERK of the above Court Johnson County Courthouse IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. C-t N CQ.t r 6 farf f_eSo6.t(cp Mom^oq,P r STATE OF IOWA JUDICIARY Case No CVCV078842 County Johnson Case rale HAWKEYE WASTE SYSTEMS V. THE CITY OF IOWA CITY THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http.//www.iowacourts state is us/Efile F ,+ ..M FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA • COURT RULES CHAPTER 16 http://www.iowacourts state.ia us/Efile Scheduled Heanng_ t 0 If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 03/28/2017 12:49:01 PM kre/ • pp eP ‘(° 4 r /� District Clerk of Johnson County Is/ Wanda Sedivec • E-FILED 2017 MAR 28 11:01 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE WASTE SYSTEMS, INC. ) Case No. CVCV078842 Plaintiffs, ) vs. ) PETITION FOR WRIT OF CERTIORARI AND FOR TEMPORARY AND THE CITY OF IOWA CITY, IOWA; ) PERMANENT STAY OR CITY COUNCIL, CITY OF IOWA CITY, ) INJUNCTION IOWA; TRANSPORTATION AND ) RESOURCE MANAGEMENT ) DEPARTMENT, CITY OF IOWA CITY, ) IOWA, ) ) Defendants. ) Plaintiff, pursuant to I.R.Civ.P.1.1401 et seq. and I.R.Civ.P.1.1501 et seq. petitions for a Writ of Certiorari and, for temporary and permanent stay or injunction and states: 1. Plaintiff is a corporation organized under the laws of the State of Iowa engaged in the commercial refuse hauling and waste management business in Iowa City, Johnson County, Iowa. 2. Defendant, the City of Iowa City is a municipal corporation organized under the laws of the State of Iowa. 3. Defendant, the City Council of the City of Iowa City, Iowa is the governing board for the municipality. Defendant Transportation and Resource Management Department of the City of Iowa City, Iowa directs, manages and implements the solid waste disposal policies of Iowa City and its council. E-FILED 2017 MAR 28 11.01 AM JOHNSON - CLERK OF DISTRICT COURT 4. Plaintiff provides refuse hauling and waste management services to a variety of commercial accounts in Iowa City. Among those accounts are businesses located along city alleys in the city's designated downtown area. 5. A number of those customers do not have room on their own property for disposal containers and so their containers must be placed in the alley right of way. For many years, Iowa City has issued permits that allow Plaintiff to place waste disposal containers for those customers in the alleys. 6. On or about March 10, 2017, Plaintiff received written notification from the City of Iowa City that its permit policy had changed and that Plaintiffs permits would expire effective March 31, 2017. By that date, Plaintiff must remove its containers in the downtown alleys because they do not have valid permits. A copy of that notification is submitted herewith as Exhibit 1. 7. The forced removal of Plaintiffs containers would interfere with and cause Plaintiff to violate existing service agreements with its customers. 8. In reliance upon the City's historical custom and practice of regularly issuing and renewing permits, Plaintiff entered into three-year contracts with its customers that automatically renew if not expressly terminated by the parties prior to the anniversary date of the contract. As a result, Plaintiff has written contracts with customers that would be affected by the City's policy changes because their terms will not end by March 31, 2017. These contracts are as follows: 2 E-FILED 2017 MAR 28 11.01 AM JOHNSON - CLERK OF DISTRICT COURT Customer Contract Date Current Termination Yotopia 01/30/15 01/30/18 The Connection 09/23/13 09/23/19 The Konnexion 01/27/09 01/27/18 Sauce 11/12/12 11/12/18 Pepper Jack 05/09/14 05/09/17 Iowa Chop House 10/08/14 10/08/17 Jimmy Johns 11/03/15 11/03/18 Cold Stone Creamery 10/29/07 10/29/19 Givanni/EI Patron 11/01/13 11/01/19 9. The City's actions constitute a violation of Plaintiffs procedural and due process rights under the Constitutions of the State of Iowa and the United States. The actions of the City are arbitrary, capricious and wrongfully interfere with Plaintiffs contractual rights. 10. A writ of certiorari may be issued when "an inferior tribunal, board or officer, exercising judicial functions, or a judicial magistrate exceeded proper jurisdiction or otherwise acted illegally." 1.R.Civ.P.1.1401. The court may issue a stay of the challenged original proceedings pending final resolution of the Petition. I.R.C iv.P.1.1405. 11. A plaintiff can also seek a temporary and permanent injunction, either as an auxiliary action to the certiorari proceeding or as an independent action. I.R.Civ.P.1.1501. 12. In this case, Plaintiff alleges that the Defendants' actions would violate Plaintiffs substantive and procedural due process rights. To the extent that this violation is the product of quasi-judicial action by the City, its Council or Department, Defendants have exceeded their proper jurisdiction or otherwise acted illegally and a writ of certiorari and stay should be issued. 3 E-FILED 2017 MAR 28 11 01 AM JOHNSON - CLERK OF DISTRICT COURT 14. Further, a temporary injunction should immediately be entered as either an auxiliary or independent remedy to prevent irreparable harm to the Plaintiff by being forced to remove its containers by March 31, 2017 in violation and breach of its customer contracts. Hearing should be set as soon as practicable. 15. Because the City would not suffer financial damages if Plaintiff failed to succeed on the merits, no bond should be required. 16. This Petition is supported by Plaintiffs Brief, Plaintiffs exhibits, the Affidavits of Chris Dohrer, Manager of Hawkeye Waste and the undersigned counsel. WHEREFORE, Plaintiff prays: a. That this Court enter a writ of certiorari and immediately stay the City's actions at least until the end of the terms for Plaintiffs contracts or that the court issue a temporary and permanent injunction pursuant to I.R.Civ.P.1.1501 and I.R.Civ.P.1.1502 enjoining the City from enforcing its policy at least until the end of Plaintiffs contract terms; b. That Defendants be ordered or enjoined from removing or causing to be removed Plaintiffs refuse containers for those customers identified herein pending further hearing; c. Plaintiff further requests that the temporary injunction or stay be issued without prior notice and hearing; d. That the temporary stay or injunction be issued without bond; and e. That hearing be set on the temporary stay or injunction as soon as practicable. 4 ' E-FILED 2017 MAR 28 11:01 AM JOHNSON -CLERK OF DISTRICT COURT "IE ABOi FI-M, P.L.C. By: AL MA FT '!L £ B f/ AT0004781 1853 51ST Street NE, Suite 1 Cedar Rapids, IA 52402 Phone: (319) 826-3781 Fax: (319) 774-5638 E-mail: mliabo(a�currieliabo.com ATTORNEY FOR PLAINTIFF ATTORNEY CERTIFICATION . I, Mark E. Liabo, hereby certify that no petition for the same relief, or the part thereof, has been previously submitted to and r:fus-• b 'ark, court or justice, to the best of my knowledge, information a 0 b- f Ali (I._ Mark . . Liabo r 5 E-FILED 2017 MAR 28 11 01 AM JOHNSON - CLERK OF DISTRICT COURT • =W41 inix-fithi,, � r meosuciir March 10, 2017 CITY OF IOWA CITY 410 Fast Washington Strcct Hawkeye Waste Systems Iowa City Iowa 52240-1826 Attn: Chris Dohrer (3191 356-5000 (3191 3565009 FAX 91 Commercial Drive Www icgov org Iowa City, IA 52246 Dear Chris: On April 19, 2016 City Council adopted a resolution that amended the permit policy for solid waste containers in "downtown" alleys to set that permit period from June 1, 2016 through December 31, 2016. On December 6, 2016, this permit period was extended until March 31, 2017. On January 17, 2017 City Council redefined downtown to include the area bordered by Gilbert Street to the east, Bloomington Street to the north, Dubuque Street to the west and Jefferson Street to the south. Maps of the areas impacted by the changes are included with this letter. These changes were done to facilitate a change in the way solid waste hauling will be permitted in downtown Iowa City and the area just north of downtown. The City issued a Request For Proposal (RFP) for solid waste hauling services in an effort to consolidate and reduce the number of solid waste containers in the alleys while also enhancing the services provided to include recycling, composting, grease hauling, etc. This process resulted in one hauler being selected for these services. Therefore, as of March 31, 2017, only one hauler will be issued permits for dumpster units in the downtown alleys and right-of-way. Your permits will expire effective March 31, 2017. Therefore, please make immediate arrangements to remove all your containers on or before March 31, 2017. Please note that the City will remove ail containers in the downtown alleys and right of way after March 31 that do not have valid permits. If you have any questions about the changes, please feel free to contact me. We are also available to walk through the downtown zones with you to denote which dumpster units are impacted. Sincerely, Of,- C6-- Chris O'Brien Director of Transportation and Resource Management EXHIBIT 1 • E-FILED 2017 MAR 28 11:01 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE WASTE SYSTEMS, INC. ) ) Case No. CVCV078842 Plaintiffs, ) vs. ) AFFIDAVIT OF CHRISTOPHER DOHRER THE CITY OF IOWA CITY, IOWA; ) CITY COUNCIL, CITY OF IOWA CITY, ) IOWA; TRANSPORTATION AND ) RESOURCE MANAGEMENT ) DEPARTMENT, CITY OF IOWA CITY, ) IOWA ) Defendants. ) I, Christopher Dohrer, having first been duly sworn, depose and state that I am the Manager for Hawkeye Waste Systems, Inc. located at 91 Commercial Drive, Iowa City, IA 52246-1090. Hawkeye Waste is an Iowa corporation that provides refuse hauling and waste management services to customers in Iowa City, Johnson County, Iowa. I have read the Petition for Writ of Certiorari and for Temporary and Permanent Stay or Injunction and affirm that the factual statements made therein are true and correct to the best of my knowledge, information and belief. I am personally familiar with the service agreements between Hawkeye Waste and its downtown commercial customers that are the subject of the Petition, copies of which are submitted herewith as Exhibits 3-11. The contracts are for a three-year term that automatically renew for an additional three years unless written notice of termination by certified mail is sent by the party seeking to cancel at least 60 days prior to the end of the initial term or any successive EXHIBIT 2 E-FILED 2017 MAR 28 11:01 AM JOHNSON -CLERK OF DISTRICT COURT three-year term. The contracts are also subject to periodic price increases that are not reflected in the contracts themselves. Below is a list of customers affected by the City of Iowa City's permitting changes with the original contract date, current termination date, months remaining on the contract, current monthly service charges, Hawkeye Waste's monthly revenues and total revenue loss if the contracts were terminated on March 31, 2017: Customer Contract Current Months Current Monthly Date Termination Remaining Service Charge Yotopia 01/30/15 01/30/18 9 $ 55.00 The Connection 09/23/13 09/23/19 29 $ 43.00 cardboard The Konnexion 01/27/09 01/27/18 9 $ 60.00 trash Sauce 11/12/12 11/12/18 19 $ 60.00 cardboard Pepper Jack 05/09/14 05/09/17 1 $320.00 trash $124 cardboard Iowa Chop House 10/08/14 10/08/17 6 $108.00 Jimmy Johns 11/03/15 11/03/18 19 $269.00 Cold Stone Creamery 10/29/07 10/29/19 30 $195.00 Givanni/El Patron 11/01/13 11/01/19 31 $ 68.00 cardboard $183.00 trash TOTAL MONTHLY $1,485.00 LOSS TOTAL LOSS from March 31, 2017 to end $23,256.00 of contract term All of these customers are within the Iowa City Downtown area. The containers for these customers must be placed on the City's alleyway right-of- 2 F-FILED 2017 MAR 28 11:01 AM JOHNSON - CLERK OF DISTRICT COURT ways because the customers do not have room on their own property for the containers. Historically, the City of Iowa City has issued permits for each of these containers allowing them to be placed in the alley. These permits have been routinely renewed and reissued by the City so long as the containers met the City's sanitation and safety standards. In a letter dated March 10, 2017, a copy of which is attached as Exhibit 1, Hawkeye Waste was informed that its permit for these containers would end and that Hawkeye Waste's containers would have to be removed by March 31, 2017. Hawkeye Waste was not given an opportunity to be heard by the City Council or the City's Department of Transportation and Resource Management. Hawkeye Waste had no opportunity to demonstrate to the City the significant damage to Hawkeye Waste's business that would occur in what would amount to the forced termination of its contracts with these customers in violation of those written service agreements. The City intends to replace Hawkeye Waste and other haulers with a single hauler that has been granted an exclusive permit to service containers placed in the downtown alleys. This anti-competitive step taken by the City will cause Hawkeye Waste irreparable harm to existing and prospective contracts with customers and will expose its customers to monopoly pricing. Once the containers are removed and the service agreements violated, the damage to Hawkeye Waste will have been done. There is no compelling or even rationale reason for not allowing Hawkeye Waste to complete the terms of its customer service agreements. Hawkeye 3 E-FILED 2017 MAR 28 11:01 AM JOHNSON -CLERK OF DISTRICT COURT Waste will continue to remove trash and cardboard just as it has done for years. The City has not demonstrated any harm sufficient to outweigh the significant economic damage that the forced termination of Hawkeye Waste's service agreements will cause Hawkeye Waste and potentially Hawkeye Waste's customers. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. 444 ,0,17 Date CHRISTOPHER DOHRER 4 ILEHWO'f7141Mtfg@t1� JOHNSON:- CLERK OF DISTRICT COURT HA P.O. Box 5008 SERVICE AGREEMENT Waste Systems, Coraiville, IA 52241 NON-HAZARDOUS WASTES Inc. (319) 351-5932 I The Best Value For Your Waste Disposal Dollar FEDERAL°_STATE 18 NEW ACCOUNT (N, CUSTOMER SERVICE NAMEOL Q gCHANGE ElC 7ONe Ceu r iz,12 ,. ss / ���'32 f. GAJ /�C'-tx "i TEMPORARY Q CITT,STATE '�Y�7I� �� A ZIP •I /M ` ll ♦ CUSTOMER SERVICE CONTACTPHONE / / I. f CUSTOMERS BILLING NAaIZ 5- BILLING ADDRESS 40 CITY.STATE ZIP CODE Ind CUSTOMER BILLING CONTACT la P O NO PHONE NO a This is a legally binding contract, and Contractor agrees to provide and Customer agrees to accept the following services at the charges and frequency of collection Indicated below subject to theterms and conditions specified on the reverse side of this agreement. EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES Gym, TYPE OF CONTAINER FREQUENCY QUANTITY :(Cub,c Muds) FRONT REAR CASTERS OTHER ON CALL DAYShVEEK SERVICE CHARGE PER MONTH $ I _ '1/5 ) Q2� c EXTRA PICK UP $ EXTRA TRIP CHARGE S ______ _ Ii - EQUIPMENT RENTAL $ DELIVERY CHARGE $ r EQUIPMENTpELIVFAY DATE EFFECTIgE SERVICE DATE /D �y' SERVICE CHARGE PER LOAD $ " PLUS DISPOSAL CHARGES IP APPLICABLE SPECIAL INSTRUCTIONS: • •• CUSTOMER R£PRESENTATIVE(TYPE•OR PRINT) CONTRACTOR REPRESENTATIVE • (jet Ell: 55�;� :�.�� .r i. Stx,�� NAME OR NER TITLE OF SIGNER E OF SIG TITLE OF SIGNER K4frá 1°'z9 O . ro[ �O- NATURE OF PERSON AUTHORIZED TO SIGN DATE SIGNED SIGNATURE OF R "-ESENTATIVE DATE SIGNED THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT. wnsoS EXHIBIT 10 • E-FILED 2017 gua:,a64IE0EkZ6i &STRICT COURT CONDmONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipment specified herein.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement.During the term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of all its non- hazardous solid waste and recydables.Customer represents it is not under contract concerning the location(s)specified herein for the removal of any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this Agreement and shall be renewed for successive three year terms without further action by either party,unless either party shall give written notice of termination by certified mail to the other at least Sixty(60)days prior to the end of the initial term or arty successive three year term. DEFINmON OF EQUIPMENT:The word'equipment"as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units,stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the face of this Agreement However,all equipment furnished by the Contractor for use by the Customer which the Customer has riot purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND UABILITY:The equipment shall be in the possession and control of the Customer.Customer shall be responsible for the cleanliness and safekeeping of the equipment Customer accepts responsibility for all loss of/or damage to the equipment except for normal wear and tear, and liability for injury or death to persons or damage to properly arising out of Customer's use, operation of, or possession of the equipment Customer shall not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all•solid waste generated by Customer excluding hazardous materials.The term "hazardous materials'shall include but not be limited to materials which are radioactive,volatile,highly flammable, explosive,toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shalt remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at all times.If the equipment is inaccessible when Contractor attempts collection,any and all additional collection service or attempts to provide such service may be charged an an'extra pickup"and/or'extra trip charge". CHARGES AND PAYMENT:Customer shall pay Contractor all Charges, in accordance with the Schedule of Charges shown on the face of this agree- ment, In monthly Installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service provided by Contractor including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side of this Agreement Customer shall be liable for all taxes,fees or other charges imposed upon the Customer's waste materials by federal,state,local laws and regulations.Payment shall be made within Ten(10)days atter receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty (30)days from the date of an invoice from Contractor, said unpaid balance shall bear intelest payable to the Contractor at a monthly interest rate of One and One-Half(1 1/2%)percent, or an annual rate of Eighteen (18%) percent per annum.tf the maximum rate of interest allowed by applicable state law is less,then that rate shall apply Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees, taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customers waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may Increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement.Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments,but any such other adjustments that results in a percentage increase greater than the percentage Increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(all items)published in the U.S.Department of Labor, Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement, In case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed given unless written notice to the contrary is given by Customer by regular mail within Ten(10)days of receipt of Increase. • CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection service,the number,capacity or type of equipment may be agreed upon by the parties,orally or in writing.Consent to any changes other than duration of this Agreement, may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment,scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shall be damaged to the extent of loss of profit.The loss aforesaid is impossible to determine as of the date of execution hereof;therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service Charge for the most recent Six (6) months, or If Customer has not been serviced for six months. Customer's most recent monthly Service Charge multiplied by sx.In the event Customer tails to make all payments due Contractor pursuant to this Agreement,or fails to perform its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, Including but not limited to inclement weather, strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and Is assignable by Customer upon the written consent of Contractor,which consent may be withheld. MISCELLANEOUS:ii any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. EJFILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT 91 Commercial Drive HA ' :1 P.O. Box 1090 SERVICE AGREEMENT Waste Systems Iowa City, IA 52246-1090 NON-HAZARDOUS WASTES Inc. ' (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE I► NEW ACCOUNT / CUSTOMER SERVICE NAME — 6 /4voJ e!i f/&._.7 , CHANGE ❑ SERVICE ADDRESS CJ^� , (-,e/4° I� TEMPORARY n CITY STATE T W4 C ZIP CODE CUSTOMER SERVICE CONTACT (9(-5_rZ C ( P y"/ c 7.3c) CUSTOMER'S BILLING NAME BILLING ADDRESS CITY.STATE ZIP CODE CUSTOdtEA BILLING CONTACT l P O NO PHONE NO This Is a legally binding contract,and Contractor agrees to provide and Customer agrees to accept the following services at the charges and frequency of coilection indicated belowsubject to the terms and conditions specified on the reverse side of this agreement EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES r TYPE OF CONTAINER FREQUENCY 7.....„capartry _" OUANTITYJ (Cub;er•.da) FRONTT /� CASTER'S °TER ,°Ncau 7CIA�YSIWE°c�SERVICE CHARGE PER MONTH $ __ ( 2, A3 " ' X4/1 zu 'EXTRA PICK UP $ �_�J _ ___ • EXTRA TRIP CHARGE $ _ Z4 %-Y()8 EQUIPMENT RENTAL $ DELIVERY CHARGE $ e r EQUIPMENT DELIVERY DATE EFFECTIVE SERVICE DATE SERVICE CHARGE PER LOAD $ 6 - A PLUS DISPOSAL CHARGES IF APPLICABLE SPECIAL INSTRUCTIONS: / /-7/<117LC i// C /J � R- r 471 A • CUSTOMER REPRESENTATIVE(TYPE OR PRINT) CONTRACTOR REPRESENTATIVE •,---- .' Ciwv--:L.`' .�f1.^<<! , / . (14 A 4s 4.f.' r•IAME OR S ►• Fir TITLE OF SIGNER NAME OF SIGN R TITLE OF SIGN . r , , NI frj i 3 K-mtr't..i i/' . -/ 7 / S)-6N OF pr• • A ' HORIZED TO SIGN DATE SIGNED SIGNATURE OF R S-ENTATIVE AT SIGNED THE TERTS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT. H I BI TWOSOS 1 I E-FILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT TERMS AND CONDITIONS OF SERVICE AGREEMENT CONDJTtONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipmentspecified herein.Customer agrees to make all payments as provided herein and to abide by The terms and conditions of this Agreement During the term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of all its non- hazardous solid waste and recyclables. Customer represents ft is not under contract concerning the location(s)specified herein for the removal of any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this Agreement and shall be renewed for successive three year terms without further action by either party,unless either party shall give written notice of termination by certified mail to the other at least Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINITION OF EOt IPMENT:The word'equipment"as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units,stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the face of this Agreement_However,all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shalt have no right,title or interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND UABtUTY:The equipment shall be in the possession and control of the Customer.Customer shall be responsible for the cleanliness and safekeeping of the equipment.Customer accepts responsTit ty for all loss of/or damage to the equipment.except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customers use, operation of,or possession of the equipment Customer shall not make any alternation or improvements to the equipment without the priot written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all-solid waste generated by Customer excluding hazardous materials.The term 'hazardous materials'shall include but not be limited to materials which are radioactive,volatile,highly flammable,explosive, toxic or characterized as hazardous by the United Slate Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, lawsuits and other liability resetting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at all times.If the equipment is inaccessible when Contractor attempts collection,any and all additional collection service or attempts to provide such service may be charged an an'extra pickup'and/or`extra trip charge'. CHARGES AND PAYMENT:Customer shall pay Contractor all Charges,in accordance with the Schedule of Charges shown on the lace of this agree- ment,in monthly installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service- provided by Contractor including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side of this Agreement.Customer shall be Fable for all taxes,fees or other charges imposed upon the Customer's waste materials by federal,state,local laws and regulations.Payment shall be made within Ten(1 0)days atter receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty(30)days from the date of an invoice from Contractor, saki unpaid balance shall bear interest payable to the Contractor at a monthly interest rate of One and One-Haff(1 1/2%)percent or an annual rate of Eighteen(i8%)percent per annum.If the maximum rate of interest allowed by applicable state taw is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal.state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customer's waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments.but any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(all items)published in the U.S.Department of Labor,Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement,In case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed given unless written notice to the contrary is given by Customer by regular mail within Ten(10)days of receipt of increase.' CHANGES:Changes in ttte Service Charges resulting from a change in the frequency of collection service,the number,capacity or type of equipment may be agreed upon by the parties,malty or in writing.Consent to any changes other than duration of this Agreement,may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to arty pavement, parking lot or driving surface resulting from the weight of the contractors vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment scheduling and staff to provide the service required in this contract which in the event of breach by Customer,will resit In loss to Contractor and in addition,Contractor shall be damaged to the extent of loss of profit.The loss aforesaid is impossible to determine as of the date of execution hereof:therefore,the Customer agrees In the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customers monthly Service Charge for the most recent Six(6)months, or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six.In the event Customer fails to make all payments due Contractor pursuant to this Agreement.Or talks to perform Its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control. including but not limited to inclement weather,strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor.which consent may be withheld. MISCELLANEOUS:If any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. E-FILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT 91 Commercial Drive ELAwKEyE P.O. Box 1090 SERVICE AGREEMENT Waste Systems, Iowa City, IA 52246-1090 NON-HAZARDOUS WASTES Inc. (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE I.D., /Ll4 �,�� r] NEW ACCOUNT CUSTOM Fst SERVICE NAL IE `]' �- J . h CHANGE sERvKE Amens Q , At Sit, / TEMPORARY n CIT7 s1A E T' ZIP CODE . c—QA- C y Tic .)A 50?,2 Vo _ . CUSTOMER SERVICE CONTACT P ,E NO C/,rdy c �5/5)2S '-SAV./ CUSTOMERS BILLING NAME nie,ec1,A "NvP ., ' BILL WG ADDRESS . if S • 25' ,71- OTT.9/ATE ZIP CODE 1//, e.c. 1-': 5o I . CUSTOMER BILLING CONT P O No NE N QIv •111 h$ 14/R3:5 ,s-Q y This Is a legally bung contraband Contractor agrees to provide and Customer agrees to accept the following services at the charges and frequency of collection indicated.below subject to the terms and conditions specified on the reverse side of this agreement EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES CtP�h ..TYPE OF.CONTAINER FREQUENCY ��R' OO QUANTITY (..------+e) FRONT REAR cASTEAS °TNEA. ONCALL DAYSMEEK SERVICE CHARGE PER MONTH $ ` / 2, d A J EXTRA PICK UP •$ P? t7 EXTRA TRIP CHARGE $ , EQUIPMENT RENTAL $ ' DELIVERY CHARGE $ • VP,AENT DELIVERY DATE . EFFECTIVE SERVICE DATE. Offsit I /_. � /� SERVICE CHARGE PER LOAD $ Sit ,PLUS DISPOSAL CHARGES IF APPLICABLE 116 SPECIAL INSTRUCTIONS: No O/ 0,x,41 ,res GOilv crcr7--) 3 x p r c.,v(/) -1-0 5x pre w e eX CUSTOMER REPRESENTATIVE EOR PRINT)• CONTRACTOR REPRES ' • • • Cindy 41 A.e-S / anqra§cr QJ7Y i r, ,4Ea4,�+NAME OR SIGNERTITLE OF SIGNER NAMEOF SIGNER TITLE OF SIGNER 1 . Joj4 _ 11-3-15 SIGNATURE OF ERSON ITHORIZED TO SIGN DATE SIGNED RESENTA E DATE SIGNED THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT. INDms EXHIBIT 9 E-FILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT TERMS AND CONDmONS OF SERVICE AGREEMENT CONDITIONS: This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipment specified herein.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement.During the term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of all its non- hazardous solid waste and recyclables.Customer represents it is not under contract concerning the location(s) specified herein for the removal of any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date staled on the front of this Agreement and shall be renewed for successive three year terms without further action by either party,unless either party shall give written notice of termination by certified mail to the other at least Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINITION OF EQUIPMENT:The word`equipment"as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units,stationary baling units,waste material loading devices,tanks, tankers and such other on-site devices as may be specified on the face of this Agreement.However,all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest In equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND UABILiTY:The equipment shall be in the possession and control of the Customer.Customer shall be responsible for the cleanliness arid safekeeping of the equipment.Customer accepts responsibility for ail loss of/or damage to the equipment, except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customer's use, operation of, or possession of the equipment Customer shall not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all solid waste generated by Customer excluding hazardous materials.The term 'hazardous materials'shall include but not be limited to materials which are radioactive, volatile, highly flammable, explosive, toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental.body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at all times.if the equipment is inaccessible when Contractor attempts collection,any and all additional collection service or attempts to provide such service may be charged an an'extra pickup"and/or"extra trip charge'. CHARGES AND PAYMENT:Customer shall pay Contractor all Charges, in accordance with the Schedule of Charges shown on the face of this agree- ment, in monthly installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service provided by Contractor including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side of this Agreement.Customer shall be liable for all taxes,fees or other charges imposed upon the Customer's waste materials by federal,state, local laws and regulations.Payment Shall be made within Ten(10)days after receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty (30) days from the date of an invoice from Contractor, said unpaid balance shall bear intefest payable to the Contractor at a monthly interest rate of One and One-Half(1 1/2%)percent,or an annual rate of Eighteen (18%) percent per annum.If the maximum rate of interest allowed by applicable state law is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material!reach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customer's waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement.Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments,but any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(all items)published in the U.S.Department of Labor,Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement,in case of the first such adjustment shall be subject to Customers approval.Approval shall be deemed given unless written notice to the contrary is given by Customer by regular mail within Ten(10)days of receipt of increase. CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection service, the number,capacity or type of equipment may be agreed upon by the parties, orally or in writing.Consent to any changes other than duration of this Agreement,may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from tee weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment, scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shall be damaged to the extent of loss of profit.The loss aforesaid is impossible to determine as of the date of execution hereof-,therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customers monthly Service Charge;for the most recent Six (6)months, or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six. In the event Customer fails to make all payments due Contractor pursuant to this Agreement,or falls to perform its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to inclement weather,strikes, riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor, which consent may be withheld. MISCELLANEOUS:If any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. E-FILED 2017 MAR 28 11:01 AM JOHNSON - CLERK OF DISTRICT COURT 91 Commercial Drive HA P.O. Box 1090 SERVICE AGREEMENT Waste kms, Iowa City, IA 52246-1090 NON-HAZARDOUS WASTES Inc. (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE I.DJ NEW ACCOUNT cusroMeR SERVICE NAME Q('vi4 �1 f/j UUS CIl../ sETnncE ADowEsa CHANGE C�zc,-)6454 ,4 4 0TEMPORARY ❑ CIr..=TATE ,C.I� 15 W A9 /� // /� ziP�pr}Qrrt�Ea -2-1 1 j CVSTOtuER SERVICE CONTACT _r.. - -1/. 6 PN`� V S-/ S( CUSTOM[RS BILLING NAME • f BILLING ADDRESS CITY.STATE ZIP CODE CUSTOMER BILLING CONTACT P NO Fv4ONE NO Thls Is a legally binding cont aCt+and Contractor agrees to provide and Customer agrees to accept the following services al the charges and frequency of cotledion Mdicatsd belowsubject to the terms and conditions specified on the reverse side of this agreement. EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES OUANT(TY i Icyup�) � ..TYPE Of CONTAINER FREQUENCY �� Ci �q� REAR CASTERS °mER °N CALLDA'rs/wEEx SERVICE CHARGE PER MONTH $ _ .0•2454/1/ LI/�P 1 + X Wit -t EXTRA PICK UP $ , 5 O -- EXTRA TRIP CHARGE $ _ EQUIPMENT RENTAL $ DELIVERY CHARGE $ IP EQUI- .-1 D•: 7•Y DATE EFFE , ICE DATE / g-- ./ i SERVICE CHARGE PER LOAD $ r / `` 4 � PLUS DISPOSAL CHARGES IF APPLICABLE SP IAL STRUCTIONS: CUSTOMER REPRESENTATIVE(TYPE OR PRINT) C TRA, REP S TAT .."..cte .,m.„. I o5 -Fc 1L NAME OR SIGNER 111 TITLE OF SIGNER NAME OF TITLE 0 SIGNER I 1 ,� 7/ A.I ice. . ... SI r • RE OF PE• •N AUTHORIZED TO SIGN ATE SIGNED SIGNATURE OF REPR ATIVE DAT SIGNED THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART 0 THE AGREEMENT. wo=os EXHIBIT 8 E-FILED 2017 MAR 28 11:01 AM JOHNSON - CLERK OF DISTRICT COURT TERMS AND CONDITIONS OF SERVICE AGREEMENT • CONDITIONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services aridlor equipment specified herein.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement During the term of this Agreement, Customer shall solely and exclusively use Contractors equipment and service for the collection, removal and disposal of at its non- hazardous sand waste and recyclabies.Customer represents it is not under contract concerning the tocation(s)specified herein for the removal of any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this Agreement and shall be renewed for successive three yew terms without further action by either party,unless either party shall give written notice of termination by certified mail to the other at least Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINITION OF EQUIPMENT:The word'equipment-as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units, stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the face of this Agreement However,all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMERS DUTIES AND LIABILITY:The equipment shall be in the possession and control of the Customer.Customer shall be responsible for the cleanness and safekeeping of the equipment Customer accepts responsibility for all loss of/or damage to the equipment,except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customer's use, operation of, or possession of the equipment Customer shall not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all-solid waste generated by Customer excluding hazardous materials.The term hazardous materials'shall include but not be limited to materials which are radioactive, volatile,highly flammable, explosive,toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at at times.If the equipment is Inaccessible when Contractor attempts collection,any and alt additional collection service or attempts to provide such service may be charged an an'extra pickup and/or"extra trip charge. CHARGES AND PAYMENT:Customer shall pay Contractor all Charges,In accordance with the Schedule of Charges shown on the face of this agree- ment, in monthly Installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection arid disposal service' provided by Contractor including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side of this Agreement.Customer shall be liable for all taxes,fees or other charges imposed upon the Customer's waste materials by federal,state,local laws and regulations.Payment shall be made within Ten(10)days after receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty(30) days from the date of an invoice from Contractor, said unpaid balance shall bear interest payable to the Contractor at a monthly interest rate of One and One-Half(1 1/2%) percent or an annual rate of Eighteen(18%)percent per annum.if the maximum rate of interest .allowed by applicable state law is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges Include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customer's waste.in the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such Increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement.Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments,bili any such other adjustments that results in a percentage Increase greater than the percentage increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(all items)published in the U.S.Department of Labor,Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement,in case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed given unless written notice to the contrary is given by Customer by regular mail within Ten(10)days of receipt of increase. CHANGES:Changes in the Service Charges remitting from a change in the frequency of collection service,the number,capacity or type of equipment may be agreed upon by the parties,orally or in writing.Consent to any changes other than duration of this Agreement may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS ANO PARKING AREAS: Customer acknowledges that Contractor shalt not be table for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acioowledges and agrees that Contractor shall be required to expend sums of money for equipment,scheduling and staff to provide the service required in this contract,which in the event of breach by Customer.win result in loss to Contractor and In addition,Contractor shall be damaged to the extent of loss of profit The loss aforesaid is impossible to determine as of the date of execution hereof,therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service Charge for the most recent Six(6)months, or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six.to the event Customer tails to make aft payments due Contractor pursuant to this Agreement,or fails to perform Its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs Incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to inclement weather,strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor,which consent may be withheld. MISCELLANEOUS:If any conflicts or differences exist In the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten Language shall govern. FILEQ_�a17 MAR 2$ 11:01 AM JOHNSON - CLERK OF DISTRICT COURT 7 ommercia Drive HA P.O. Box 1090 SERVICE AGREEMENT Wastetems, Iowa City, IA_52246-1090 NON-HAZARDOUS WASTES hIC. (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE I.O./ NEW ACCOUNT 1Q7 F ` eA J e4 CHANGE 0 semca ADDRESS // if �S / /1— TEMPORARY n SCM STATE � `� /- ZIP CODE mi WSTOy>90 6ERvtCE CONTACT /� �\`� �j •+ !04 D CUSTOMER'S suit).*NAE < . BILLING ADDRESS CITY,STATE ZIP CODE CUSTOS+BILLING CONTACT P.9 NO. PHONE NO • This is a Ipattp binding contract:and ContractOr agrees to provide and Customer agrees to accept the following services at the charges and'frequency of;olfaction indicated below/.subject to the terms and conditions specified on the reverse side of this agreement, • -EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES , STYPE OF CONTAINER FREQUENCY r. el) QUANTITY FRONT REAR CABTIMS• OTHER ON CALL DATEI(SAYE Icrva»1 SERVICE CHARGE PER MONTH $ /1-2- / `2 Citr/4 E XTRA PICK UP $ 2‘- e.),0 __ ,/ EXTRA TRIP CHARGE $ 6 _ 2 s� A , , y EQUIPMENT RENTAL $ 4 ___ DELIVERY CHARGE $ E DATE. . CE DATE. j / G q / SERVICE CHARGE PER LOAD $ PLUS DISPOSAL CHARGES IF APPLICABLE — SP IAL�INSTRUCTIONS: CUSTOMER REPRESENTATIVE(TYPE OR PRINT) •CONTR R REPRESENTATIVE NS (' ' `cA- h c.„vN ` 'x"'/0"'-7 / �/e C • i'e. NAME SIGNER TITLE OF SIGNER NAME OF SIGNER TITLE OF SIGNER . ' . ft t-tThALL R____,..da.a ___ . -I' SI:. •TU•E OF PERSON AUTHORIZED TO SIGN DATE SIGNED SIGNATURE OF REPRESENTATIVEATE Sy/,,,- THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT. wosos EXHIBIT 7 • E-FILED 2017 MAR 28 11.01 AM JOHNSON - CLERK OF DISTRICT COURT TERMS AND CONDITIONS OF SERVICE AGREEMENT CONDITIONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipment specified herein.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement.During they term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of all its non- hazardous solid waste and recyclables.Customer represents it is not under contract concerning the tocation(s)specified herein for the removal of any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this Agreement and shalt be renewed for successive three year terms without further action by either party,unless either party shall give written notice of termination by certified mail to the other at least Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINITION OF EQUIPMENT:The word'equipment'as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units,stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the Lace of this Agreement However,all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shaft retnaln the property of the Contractor and the Customer shall have no right,title or Interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMERS DUTIES AND LIABILITY:The equipment shall be In the possession and control of the Customer.Custorreer shall be responsible for the cleanliness and Safekeeping of the equipment.Customer accepts responsibility for all toss of/or damage to the equipment,except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customer's use, operation of, or possession of the equipment Customer shalt not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all solid waste generated by Customer excluding hazardous materials.The term 'hazardous materials'shall include but not be limited to materials which are radioactive,volatile,highly flammable,explosive,toxic or characterized as hazardous by the United Slate Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, lawsuits and other liability resulting tram or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at all times.if the equipment is inaccessible when Contractor attempts collection,any and aft additional collection service or attempts to provide such service rtiay be charged an an"extra pickup'and/or'extra trip charge'. CHARGES AND PAYMENT:Customer shall pay Contractor all Charges,In accordance with the Schedule of Charges shown on the face of this agree- ment, in monthly Installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service' provided by Contractor Including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side of this Agreement.Customer shall be Gable for all taxes,fees or other charges imposed upon the Customers waste materials by federal,state,local taws and regulations.Payment shall be made within Ten(10)days after receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty(30)days from the date of an invoice from Contractor,said unpaid balance shall bear interest payable to the Contractor at a monthly interest rate of One and One-Half(1 12%)percent.or an annual rate of Eighteen(18%) percent per annum.If the maximum rate of interest allowed by applicable state law is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customers waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement Contractor may increase the Service Charges proportionately based upon a change in fuel costs. • OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel add,but any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index fix Urban Wage Earners and Clerical Workers(all items)published In the U.S.Department of Labor,Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement,in case of the first such adjustment shag be subject to Customer's approval.Approval shall be deemed given , unless written notice to the contrary is given try Customer by regular mal within Ten(10)days of receipt of increase.' CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection service,the number,capacity or type of equipment may be agreed upon by the parties,orally or In writing.Consent to any changes other than duration of this Agreement,may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customers Service Address If such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment.scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shall be damaged to the extent of loss of profit The loss aforesaid is impossible to determine as of the date of execution hereof;therefore,the Customer agrees In the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service Charge for the most recent Six(6)months,or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six In the event Customer falls to make all payments due Contractor pursuant to this Agreement,or fails to perform its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for Its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to Inclement weather,strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor,which consent may be withheld. MISCELLANEOUS:If any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. FILECyg tik6►2dal riiveM JOHNSON -CLERK OF DISTRICT COURT CNONSAWKEyE P.O. Box 1090 SERVICE AGREEMENT Waste systems, Iowa City, IA 52246-1090 -HAZARDOUS WASTES Inc (319) 351-5932 JFE0TATE0 The Best Value For Your Waste Disposal Dollar NEW ACCOUNT 1154, oumo a w►►� , (� _(---LJQ _U_C� ) CHANGE El S6iYK.E AQORESB G (ci Q E' p(( , - - TEMPORARY El C �.KTATE TiP CODE cusTOMeA sEFMLE�9(T , ` / r—,{�{�1 PH NO ousters ms 87LLING 411 (1 1 tl`'• C-: k ( c r . ._Ly,3,,e_s? N1/4.,,,,j--- . BALINGAconass T „r- C_,/ ,.._\) e.,-e- 4.-- CITY.STATE t 21P CODE ' «.s-rot.BILLING CONTACT 5 V P.O NO '7§1'4).- _ risme r . f�W 3.11 n �r Thi Is a legally binding contrects.end Contractor agrees to provide and Customer agrees to accept the following services at the charges and frequency of coitacSon indicated-below subfr d to the terms and conditions specified on the reverse side of this agreement. '-EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES _.TYPEOF CONTAINER FREQUENCY OUANTITY tor ) nlorjr RFA, CASTERS OTN£R ON CALL DATS.W¢K SERVICE CHARGE PER MONTH $ X u� o — {C' EXTRA PICK UP $ r • _ EXTRA TRIP CHARGE $ _ - - EQUIPMENT RENTAL $ DELIVERY CHARGE $ r EQU1PM 4T DQIYEAY DATE. EFFECTIVE SERVICE DATE , l ,1— t 1 \ r , `_1 SERVICE CHARGE PER LOAD $ ' �c� PLUS DISPOSAL CHARGES IF APPLICABLE SPECIAL INSTRUCTIM:Oa\at'\ G AV --ge ck Q._k 1 R'1 " j7\-Q-c--Q -9 L___G �. -I , /.... k..,v_a_.-4.' ...0-:. 2,t4 „..... ....„ e.,..„..._, s..c...}.--c--------s:Li------ -----1, (....)-----a- CUSTOMER R ESENTATIVE(TYPE OR PRINT) -. -ACTOR ' •;ESENTATIVE • PIA EOR SIG EA TITLE OF SIGNER Tki OF SIGNERTITLE OF SIGNER / Ilk I( • 11 7 �- .• _ _III 11-•_;:Islam_. SIG TUBE OF RSON AUTHORIZED TO SIGN A SIGNED •IGNA REO 'EPRESENT• V DA SIGNED THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT. woso. EXHIBIT 6 • E-FILED 2017 MAR 28 11 01 AM JOHNSON - CLERK OF DISTRICT • TERMS AND CONDITIONS OF SERVICE AGREEMENT CONDITIONS:This is a legally binding contract.Contractor agrees to furnish solid,waste cy�lection and disposal services art /or ur. egimkprtieltt-specified herein.Customer agrees to make all payments as provided herein and to abide by'the terms and'conditions of this Agreement During the term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service-for::the collection, removal and disposal,of all its non- hazardous solid waste and recyctables.Customer represents it is not under contract concerning the location(s) specified hereinior the removarof any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of-Three years from the'effective service Date-stated on-the front of-this--Agreement.and.shatLbe„ renewed for successive three year terms without further action by either party,unless either party shall give written notice of termination by Certified mail to the other at least Sixty(60)days prior to the end of the initial term or any successsive three year term. DEFINITION OF EQUIPMENT:The word`equipment as used in these Terms and Conditions shall mean ail containers used for the storage of waste • material including stationary compaction units,stationary baling units,waste material loading devices, tanks,tankers and such other on-site.devices.as may be specified on the face of this Agreement.However,all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest In equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND LIABILITY:The equipment shall be in the possession anticontrol of the Customer.Cirstomer shalt be-responsibte-forthe--' cleanliness and safekeeping of the equipment.Customer accepts responsibility for all toss of/or damage to-the equipment;except for-normal wear-end-1 tear, and liability for injury or death to persons or damage to property arising out of Customer's use, operation of, or possession of the equii)iment:} Customer shall not make any alternation or improvements to the equipment without the prior written consent.of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all-solid waste generated by Customer excluding hazardous materials.The:terrr'¢ 'hazardous materials'shall include but not be limited to materials which are radioactive, volatile, highly flammable, explosive,toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, f lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide i unobstructed access to the equipment at all times.If the equipment is inaccessible when Contractor attempts collection,any and all additional collection service or attempts to provide such service may be charged an an'extra pickup'and/or'extra trip charge'. t CHARGES AND PAYMENT:Customer shall pay Contractor at Charges, in accordance with the Schedule of Charges shown on the face of'this.agree•- ment, in monthly installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service„ provided by Contractor Including all charges for equipment use and maintenance in accordance-with the schedule of changes-shown en The feoe side of this Agreement.Customer shall be liable for all taxes,fees or other charges imposed upon.the Customer's waste materials by federal,state,local laws and•regutations.Payment shall be made within Ten(10)days after receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty (30) days from the date of an invoice from Contractor, said unpaid balance shall bear interest payable to the Contractor at a monthly interest rate of One and One-Half(1 1/2%)percent,or an annual rate of Eighteen (18%) percent per annum.If the maximum rate of Interest allowed by applicable state law is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customers waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS: Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement.Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments;but any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index for Urban Wage • Earners and Clerical Workers(all Items)published in the U.S.Department of Labor,Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement, in case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed givens unless written notice to the contrary is given by Customer by regular mail within Ten(10)days of receipt of Increase. CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection service,the number,capacity or type of equipment may be agreed upon by the parties,orally or in writing.Consent to any changes other than duration of this Agreement, may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment,scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shall • be damaged to the extent of loss of profit.The loss aforesaid is impossible to determine as of the date of execution hereof;therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service.Charge for the most recent Six(6)months, or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six. In the event Customer fails to make all payments due Contractor pursuant to this Agreement,or fails to perform its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and at other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to inclement weather,strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor,which consent may be withheld: MISCELLANEOUS:If any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. ILE[ Q�17 l��R reetEtJOHNSON - CLERK OF DISTRICT COUR#j I-- O$i'11 HA P.O. Box 5008 SERVICE AGREEMENT Waste Systems, Coralville, IA 52241 NON HAZARDOUS WASTES Inc. (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE 1.0.0 P ic7 '�_02p O be, NEW ACCOUNT [� CUSTWtER SERVICE NAVE • - yz ❑V I ettR•i� CHANGE SERV,CE ADDRESS ��// TEMPORARY El OTT.STATE A/A! ire 2� �ZPCODE CUSTOMER SER C AJ r , fC16 E NON P�a."' 5/77 S 2-i<o Sid OJSTOMERS BILLING NAME B11.UNO ADDRESS 13 CITY.STATE ZIP CODE CUSTOMER BILLING CONTACT P O NQ. PHONE NO Thls is a legally binding contract, and Contractor agrees to provide and Customer agrees to accept the following services at the charges and frequency of collection Indicated below subject to the terms and conditions specified on the reverse side of this agreement EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES GP«IW TYPE OF CONTAINER FREQUENCY OUANTRY I tad[Y+rds) FRONT REAR CASTERS OTHER ON CALL DATEEWEEK SERVICE CHARGE PER MONTH $ SC---- / 4 _ ✓ G.� k / EXTRA PICK UP $ � " EXTRA TRIP CHARGE $ _ EQUIPMENT RENTAL $ • 4. DELIVERY CHARGE $ EQUIP NT D�VEiiY DATE• : ,. EFFE VE ICE DATE / / "'7 101143SERVICE CHARGE PER LOAD $ ilb -4 • , PLUS DISPOSAL CHARGES IF APPLICABLE SPECIAL INSTRUCTIONS: CUSTOMER REPRESENTATIVE(TYPE OR PRINT) -•' •RACT•• -EP-•• NTATIVE NAM %Ackek Ow lite/ ,4--fary. .. _ . .......... socas it4,,,._ tki E OR SIG TITLE OF SIGNER • SI• TITLE OF SIGNER ciiil.-- ,/,,6,. SIGNATL{ SON AUTHORIZED TO SIGN SATE SIGNE• =S`I .•' O {:. 'ESE NE DATE SIGNED THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT. woSOs EXHIBIT 5 E-FILED 2017 ig2 Nb1 01Q ,wwviakE TRICT COURT CONDITIONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipment specified here/n.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement-During the term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of all its non- hazardous solid waste and recyclables. Customer represents it is not under contract concerning the location(s) specified herein for the removal of arty other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this Agreement and shall be renewed for successive three year terms without further action by either party,unless either party shall give written notice of termination by certified mail to the other at least Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINITION OF EQUIPMENT:The word`equipment"as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units, stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the face of this Agreement.However, all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND LIABILITY:The equipment shall be in the possession and control of the Customer.Customer shall be responsible for the cleanliness and safekeeping of the equipment.Customer accepts responsibility for all loss of/or damage to the equipment,except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customer's use, operation of, or possession of the equipment. Customer shall not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all-solid waste generated by Customer excluding hazardous materials.The term "hazardous materials"shall include but not be limited to materials which are radioactive, volatile, highly flammable, explosive, toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,tines,penalties, lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at all times.it the equipment is inaccessible when Contractor attempts collection,any and all additional collection service or attempts to provide such service may be charged an an`extra pickup"and/or"extra trip charge". CHARGES AND PAYMENT:Customer shalt pay Contractor all Charges,in accordance with the Schedule of Charges shown on the face of this agree- ment, in monthly installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service provided by Contractor including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side of this Agreement.Customer shall be liable for all taxes, fees or other charges imposed upon the Customer's waste materials by federal,state,local laws and regulations.Payment shall be made within Ten(10)days after receipt of an invoice from the Contractor.in the event any payment required hereunder is not paid within Thirty (30) days from the date of an invoice from Contractor, said unpaid balance shall bear interest payable to the Contractor at a monthly interest rate of One and One-Hatt (1 1/2%)percent, or an annual rate of Eighteen (18%) percent per annum.If the maximum rate of interest allowed by applicable state law is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customers waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such Increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement.Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments,but any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(all items)published in the U.S.Department of Labor, Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement,in case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed given unless written notice to the oontraty is given by Customer by regular mail within Ten(10)days of receipt of increase. Chi _ CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection service, the number,capacity or type of equipment may be agreed upon by the parties, orally or in writing.Consent to any changes other than duration of this Agreement,may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer ackncwledges and agrees that Contractor shall be required to expend sums of money for equipment,scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shall be damaged to the extent of loss of profit.The loss aforesaid is impossible to determine as of the date of execution hereof;therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service Charge for the most recent Six(6)months, or if Customer has not been serviced for six months. Customer's most recent monthly Service Charge multiplied try six. In the event Customer fails to make all payments due Contractor pursuant to this Agreement,or fails to perform its obligations hereunder,Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to inclement weather, strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor,which consent may be withheld. MISCELLANEOUS:It any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. FILED9i(t6A4Ma11;0 1 \M JOHNSON - CLERK OF DISTRICT COURT ( zuirjyE RO. Box 1090 SERVICE AGREEMENT Waste Systems, Iowa City, IA 52246-1090 NON-HAZARDOUS WASTES Inc. (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE I D o NEW ACCOUNT t CUSTOMER SERVICE NAME_........./ 62 7 ‘4e.... / C/f CHANGE SERVICE ADDRESS _ t06 S 6,.,... s TEMPORARY n CITY,STATE ^ , 74 / �4 /'''fry 21P CODE CUSTOMER SERVICE CONTACT /`�-G-' - ,1��q _ lJ � PHONE NO CUSTOMERS BILLING NAME BILLING ADDRESS I!: - _...__.. ._ CITY,STATE - - ..._. ZIP CODE CUSTOMER BILLING CONTACT P 0 NO — 4 PHONE NO This Is a legally binding contract,and Contractor agrees to provide and Customer agrees to accept the following services at the charges and frequency of collection indicated.below subject to the terms and conditions specified on the reverse side of this agreement. EQUIPMENT SPECIFICATIONS SCHEDULE OF CHARGES Ir Capacity TYPE OF CONTAINER FREQUENCY DUANTITY i icub,Yardf) - ,? C FRONT REAR CASTERS OTHER ON CALL DAYSIWEEK SERVICE CHARGE PER MONTH $ _ ' . c J �- ) C6 • .- Ea r EXTRA PICK UP $ �� • EXTRA TRIP CHARGE $ 0 - EQUIPMENT RENTAL $ 0 DELIVERY CHARGE S r EQUIPMENT DELIVERY DATE EFFE VE SE ICE DATE , 9 2 j3 23 13 SERVICE CHARGE PER LOAD $ h ' PLUS DISPOSAL CHARGES IF APPLICABLE SPECIAL INSTRUCTIONS: l (,Jp 4 Adt 4 ddb i I • CUSTOMER REPRESENTATIVE(TYPE OR PRINT) CO RACTOR EPR NTATI q-01-AD2k 41k.C.4(-"- /4 ii.M" 77 44.--:..-Z i) NAME!'SI NER TITLE OF SIGNER NAME OF SIGNER TITLE F SIGN LA. A dailLiMir V.2-41/e) 7 -- 9 Le _ SIGNATURE OF ARSON AUTHORIZED TO SIGN DATE SIGNED SIGNATURE OF REPRESENTATIVE DATE SI NED THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT WOSDs EXHIBIT 4 E-FILED 2017 MAR 28 11:01 AM JOHNSON - CLERK OF DISTRICT COURT TERMS AND CONDITIONS OF SERVICE AGREEMENT CONDITIONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipment specified herein.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement During the term of this Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of all its non- hazardous solid waste and recyclables.Customer represents it is not under contract concerning the location(s) specified herein for the removal of any other non-hazardous solid waste and recycables with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this-Agreement and shall be to thereneweotherdfor succealeast ethree year terms without further action by either party,unless either party shall give written notice of termination by certified mail Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINITION OF EQUIPMENT:The word'equipment'as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units,stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the face of this Agreement.However, all equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND UABILITY:The equipment shall be in the possession and control of the Customer.Customer shall be responsible forthe cleanliness and safekeeping of the equipment.Customer accepts responsibility for all toss of/or damage to the equipment,except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customer's use, operation of, or possession of the equipment. Customer shall not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all•solid waste generated by Customer excluding hazardous materials.The term 'hazardous materials'shall include but not be limited to materials which are radioactive, volatile,highly flammable,explosive, toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnify Contractor against all damages,claims,fines,penalties, lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at all times.iI the equipment is inaccessible when Contractor attempts collection,any and ail additional collection service or attempts to provide such service may be charged an an'extra pickup"and/or`extra trip charge. CHARGES AND PAYMENT:Customer shall pay Contractor all Charges,in accordance with the Schedule of Charges shown on the face of this agree- ment, in monthly installments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service provided by Contractor including all charges for equipment use and maintenance in accordance with the schedule of changes shown on the face side-of • this Agreement Customer shall be liable for all taxes,fees or other charges imposed upon the Customer's waste materials by federal,state,local laws and regulations.Payment shall be made within Ten(10)days after receipt of an invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty(30) days from the date of an invoice from Contractor, said unpaid balance shall bear ante/est payable to the Contractor at a monthly interest rate of One and One-Half(1 1/2%)percent,or an annual rate of Eighteen (18%) percent per annum.If the maximum rate of interest •allowed by applicable state law is less,then that rate shall apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breach or termination of the Agreement by Contractor. • DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customer's waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase Its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement.Contractor may Increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments,but any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(all items)published in the U.S.Department of Labor,Bureau of Labor Statistics since the date of the last such adjustment or since the execution of this Agreement,in case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed given unless written notice to the contrary is given by Customer by regular mail within Ten(10)days of receipt of increase. CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection serbice, the number,capacity or type of equipment may be agreed upon by the parties,orally or in writing.Consent to any changes other than duration of this Agreement,may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment,scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shall be damaged to the extent of toss of profit.The loss aforesaid is impossible to determine as of the date of execution hereof;therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at arty time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service Charge for the most recent Six(6) months, or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six. In the event Customer fails to make all payments due Contractor pursuant to this Agreement,or fails to perform its obligations hereunder.Customer agrees to pay all reasonable attorneys fees,court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to inclement weather,strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor,which consent may be withheld. MISCELLANEOUS:If any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern. ' E-FILED 2017 MAR 28 11:01 AM JOHNSON -CLERK OF DISTRICT COURT 91 Commercial Drive w� P.O. Box 1090 SERVICE AGREEMENT Waste Systems, Iowa City, IA 52246-1090 NON-HAZARDOUS WASTES Inc. (319) 351-5932 The Best Value For Your Waste Disposal Dollar FEDERAL OR STATE I.D.# • NEW ACCOUNT CUSTOMER SERVICE NAMEti-74eli,/ J'4 • • CHANGE ❑ SENVICE ADDRESS s (7;ATEMPORARY El CITY.STATEZ`ODE aL.A..)4 6,7/7 ____7::: ��'/ 6 C ONIER SERVICE CONTACT / PMpNE N0 y r+ 1 CUSTOMEA9 BILLING NAME 5!v . • -BILLING ADDRESS • !" • CITY.STATE ZIP CODE • -CUSTOMER BILLING CONTACT P.Q.NO. PHONE NO Thio Is a legally binding contract,.and Contractor agrees to provide and Customer agrees to accept the following services at the charges and trequenctF ol:cotledtion Indicated.below subject to the terms and condltlons specified on the reverse side of this agreement. EQUIPMENT SPECIFICATIONS • SCHEDULE OF CHARGES Ca • ..TYPE OF CONTAINER FREQUENCY /��� 6u OUANTTTY (Cub-.---7) FROM REAR . CASTERS OTHER ON CALL DAYS/WEEK SERVICE CHARGE PER MONTH $ J r�j�'–G �, J. �����Z' \..XTRA PICK UP $ � � __ _ • EXTRA TRIP CHARGE • • $ _ C/ e tr / /k 2 EQUIPMENT RENTAL $ - — DELIVERY DELIVERY CHARGE $ "EOUI ENT D RV DATE. :. EFFE . YE v•VICE DATE / / /�:, / f'/ . ' SERVICE CHARGE PER LOAD $ l / PLUS DISPOSAL CHARGES IF PLICABLE SPECIAL IN RUCTIONS: l_ a� g0-- ‘ CY/45 / r� a e 5 011 .0' 0 • CUSTOMER REPRESENTATIVE(TYPE OR PRINT) CONT OR REPRESENTATIVE • SSS .e.r� 6v�1 r t Ai r►�� PrP h ciok ����,�� TITLE F SIGNER OF SIGNER TI OF SIGNER f,A EOR SIGNER Q/A/�YV.cAi ,e. IPO12015 ,, /• a4•-s'�` ATE SIGNED SIGNATURE OF REPRESENTATIVE 1'' DATE GNED SIGNATURE OF PERSON AUTFIORIZED TO SIGN • THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEME.,zl. :-.:-. ,- .-Nc:�;. "osm EX IBIT 3 E-FILED 2017 MAR 28 11:01 AM JOHNSON -CLERK OF DISTRICT COURT TERMS AND CONDITIONS OF SERVICE AGREEMENT CONDmONS:This is a legally binding contract.Contractor agrees to furnish solid waste collection and disposal services and/or equipmentspecified herein.Customer agrees to make all payments as provided herein and to abide by the terms and conditions of this Agreement During Mit term of tis Agreement, Customer shall solely and exclusively use Contractor's equipment and service for the collection, removal and disposal of ail its non- hazardous solid waste and recyclables.Customer represents it is not under contract concerning the location(s)specified herein for the removal of any other non-hazardous solid waste and recycabtes with any other contractor. TERM:The term shall extend for a minimum period of Three years from the effective service Date stated on the front of this Agreement and shall be renewed for successive three year terms without further action by either party,unless either parry shall give written notice of termination by certified mail to the other at feast Sixty(60)days prior to the end of the initial term or any successive three year term. DEFINmON OF EQUIPMENT:The word"equipment"as used in these Terms and Conditions shall mean all containers used for the storage of waste material including stationary compaction units,stationary baling units,waste material loading devices,tanks,tankers and such other on-site devices as may be specified on the face of this Agreement However,ail equipment furnished by the Contractor for use by the Customer which the Customer has not purchased,shall remain the property of the Contractor and the Customer shall have no right,title or interest in equipment except as is necessary for Customer to perform its duties hereunder. CUSTOMER'S DUTIES AND LIABILITY:The equipment shall be in the possession and control of the Customer.Customer shall be responsr'ble for the cleanliness and safekeeping of the equipment.Customer accepts responsibility for all loss ot/or damage to the equipment.except for normal wear and tear, and liability for injury or death to persons or damage to property arising out of Customer's use. operation of,or possession of the equipment. Customer shall not make any alternation or improvements to the equipment without the prior written consent of the Contractor.The waste material to be collected and disposed of by Contractor pursuant to the Agreement is all solid waste generated by Customer excluding hazardous materials.The term ' azardous materials'shall include but not be limited to materials which are radioactive,volatile,highly flammable,explosive,toxic or characterized as hazardous by the United State Environmental Protection Agency or by any other governmental body.Title to and liability for any hazardous materials shall remain exclusively with the Customer.Customer agrees to defend,hold harmless and indemnity Contractor against all damages,claims,fines,penalties, lawsuits and other liability resulting from or arising out the existence of such hazardous materials excluded above. Customer shall provide unobstructed access to the equipment at ail times.ti the equipment is inaccessible when Contractor attempts collection,any and all additional collection service or attempts to provide such service may be charged an an'extra pidcup"and/or'extra trip charge'. CHARGES AND PAYMENT:Customer shall pay Contractor all Charges,in accordance with the Schedule of Charges shown on the face of this agree- ment,in monthly instalments commencing with the Effective Service Date and thereafter on a monthly basis for the collection and disposal service' provided by Contractor i ctuding all charges for equipment use and maintenance to accordance with the schedule of changes shown on the face side of this Agreement.Customer shall be fable for all taxes,fees or other charges imposed upon the Customer's waste materials by federal,state,IoaI,laws and regulations.Payment shall be made within Ten(10)days after receipt of art invoice from the Contractor.In the event any payment required hereunder is not paid within Thirty(30)days from the date of an invoice from Contractor,said unpaid balance stall bear intelest payable to the Contractor at a monthly interest rate of One and One-Half(1 1/2%)percent,or an annual rate of Eighteen(18%)percent per annum.If the maximum rate of interest •allowed by applicable state law is less,then that rate shaft apply.Suspension of service or removal of equipment due to non-payment shall not constitute a material breath or termination of the Agreement by Contractor. DISPOSAL COSTS:Customer acknowledges that the Service Charges include sanitary landfill fees,taxes and other costs and assessments which are imposed by federal,state,county or municipal entities upon the Contractor for the collection,processing and/or disposal of Customer's waste.In the event that an increase in these costs is imposed upon Contractor,Contractor may increase its Service Charges in an amount equal to the unit increase in dis- posal costs and Customer agrees to pay any such increase. FUEL COSTS:Customer acknowledges that fuel costs are a significant component of the Service Charges and that fuel cost may change significantly during the term of this Agreement Contractor may increase the Service Charges proportionately based upon a change in fuel costs. OTHER RATE ADJUSTMENTS:Contractor may adjust the rates hereunder from time to time for reasons other than landfill and fuel adjustments,bet any such other adjustments that results in a percentage increase greater than the percentage increase in the local Consumer Price Index for Urban Wage Earners and Clerical Workers(ail items)published in the U.S.Department of Labor.Bureau of tabor Statistics since the date of the last such adjustment or since the execution of this Agreement,in case of the first such adjustment shall be subject to Customer's approval.Approval shall be deemed given unless written notice to the contrary is given by Customer by regular mall within Ten(10)days of receipt of increase.' CHANGES:Changes in the Service Charges resulting from a change in the frequency of collection service,me number,capacity or type of equipment may be agreed upon by the parties,orally or in writing.Consent to any changes other than duration of this Agreement,may be evidenced by the action and practices of the parties.This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within company's service area. DRIVEWAYS AND PARKING AREAS: Customer acknowledges that Contractor shall not be liable for any damage to any pavement, parking lot or driving surface resulting from the weight of the contractor's vehicles or equipment servicing the equipment location. ENFORCEMENT:Customer acknowledges and agrees that Contractor shall be required to expend sums of money for equipment.scheduling and staff to provide the service required in this contract,which in the event of breach by Customer,will result in loss to Contractor and in addition,Contractor shalt be damaged to the extent of loss of profit-The foss aforesaid is impossible to determine as of the date of execution hereof,therefore,the Customer agrees in the event of any breach of the terms or conditions hereof or in the event Customer attempt to terminate this contract at any time contrary to the terms hereof to pay Contractor liquidated damages in the sum of the amount due equal to the total of Customer's monthly Service Charge for the most recent Six(6)months, or if Customer has not been serviced for six months.Customer's most recent monthly Service Charge multiplied by six.In the event Customer faits to make ail payments due Contractor pursuant to this Agreement or fails to perform Its obligations hereunder.Customer agrees to pay all reasonable attorneys fees.court costs,collection fees and all other costs incurred by Contractor as a result of such action. EXCUSED PERFORMANCE:Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including but not limited to inclement weather,strikes,riots,fires and acts of God. ASSIGNMENT AND BENEFIT:This agreement shall be binding on the parties and their successor and assigns.This Agreement may be assigned by the Contractor and is assignable by Customer upon the written consent of Contractor,which consent may be withheld. MISCELLANEOUS:ft any conflicts or differences exist in the agreement between terms which are printed and those which are typed or handwritten,the typed or handwritten language shall govern, • E-FILED 2017 MAR 28 12:13 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE WASTE SYSTEMS, INC. ) Case No. CVCV078842 Plaintiffs, ) vs. ) AFFIDAVIT OF MARK E. LIABO THE CITY OF IOWA CITY, IOWA; ) CITY COUNCIL, CITY OF IOWA CITY, ) IOWA; TRANSPORTATION AND ) RESOURCE MANAGEMENT ) DEPARTMENT, CITY OF IOWA CITY, ) IOWA ) ) Defendants. ) I, Mark E. Liabo, having first been duly sworn depose and state that I am counsel for Plaintiff in this matter. Because of time constraints and the imminent risk of permanent harm to Plaintiff, notice to Defendants and hearing prior to the issuance of a temporary stay or temporary injunction is not practicable. The undersigned requests that hearing be set as soon as practicable following the issuance of the temporary stay or injunction. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. j44 ( �1 Date M41* 7 . LI • B t"a EXHIBIT 12 E-FILED 2017 MAR 28 12:13 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE WASTE SYSTEMS, INC. ) ) Case No. CVCV078842 Plaintiff, ) vs. ) PLAINTIFF'S BRIEF IN ) SUPPORT OF PETITION THE CITY OF IOWA CITY, IOWA; ) FOR WRIT OF CERTIORARI CITY COUNCIL, CITY OF IOWA CITY, ) AND FOR TEMPORARY AND IOWA; TRANSPORTATION AND ) PERMANENT STAY OR RESOURCE MANAGEMENT ) INJUNCTION DEPARTMENT, CITY OF IOWA CITY, ) IOWA ) Defendants. ) Plaintiff, for its Brief in Support of Petition for Writ of Certiorari and for Temporary and Permanent Stay or Injunction, states: Facts Plaintiff incorporates the Affidavit of Christopher Dohrer, Exhibit 2, by reference herein. Plaintiff is an Iowa corporation that provides commercial refuse hauling and waste management services to customers in downtown Iowa City. Containers for a number of Plaintiffs downtown customers must be placed in city alleyways because the customers do not have space on their own property for the containers. (Dohrer Affidavit Exhibit 2). The City of Iowa City has historically issued permits to Plaintiff so that its containers can be placed on the city right-of-way. By letter of March 10, 2017, the City announced that Plaintiffs permits would expire effective March 31, 2017 and that Plaintiffs containers must be removed from the downtown alleys on or ,'1 j before March 31, 2017. (Exhibit 1, Exhibit 2) - N) E-FILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT The service agreements for the customers using these containers extend beyond March 31, 2017. The contracts are for a three year term, subject to automatic renewal unless cancelled by certified mail sent at least 60 days prior to the automatic renewal date by the party seeking to terminate. By forcing Plaintiff to remove Plaintiffs containers by March 31, 2017, the City is interfering with and forcing Plaintiff to violate those contracts. Plaintiff has no adequate remedy but to seek an immediate stay or temporary injunction, and eventually a permanent injunction, to prevent the City from forcing Plaintiff to terminate its contracts by March 31, 2017. Once that date is passed and Plaintiffs containers are removed, the damage will have been done. Plaintiff estimates that the economic loss that Plaintiff will suffer through the end of the contract term for all of the affected service agreements is $23,256.00. (Exhibit 2) LEGAL STANDARD A party may bring a certiorari action when authorized by statute or when the party claims an inferior tribunal, board, or officer, exercising judicial functions, or a judicial magistrate, exceeded proper jurisdiction or otherwise acted illegally. I.R.Civ.P.1.1401. Certiorari is an appropriate procedure for challenging a municipality's actions that are of a quasi-judicial nature that would violate a plaintiffs due process rights. Lewis Investments, Inc. v. City of Iowa Citu,2703 N.W.2d 180, 185-186 (Iowa 2005). The court may issue a stay of the challenged original proceedings pending final resolution of the petition for writ of certiorari. I.R.Civ.P.1.1405. A plaintiff can also seek a temporary and permanent injunction, 2 E-FILED 2017 MAR 28 12:13 PM JOHNSON -CLERK OF DISTRICT COURT either as an auxiliary action to the certiorari proceeding or as an independent action. I.R.Civ.P.1.1501; Lewis Investments, Inc. id. A temporary injunction may be allowed when the petition, supported by affidavit, shows that plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff. I.R.Civ.P.1.1502(1). Generally, a plaintiff seeking a temporary injunction must prove that plaintiff does not have an adequate remedy at law, there is a likelihood of prevailing on the merits, and that the plaintiff would be irreparably harmed if a temporary injunction was not granted. PIC USA v. N.C. Farm P'ship, 672 N.W.2d 718, 723 (Iowa 2003); Lewis Investments, Inc. 703 N.W.2d at 184. A temporary injunction may be granted without notice and hearing before issuance. I.R.Civ.P.1.1507. The Affidavit of Plaintiffs counsel shows that given the time constraints and the irreparable harm that Plaintiff faces, pre-injunction notice and hearing is not practicable and will not substantially affect the city's rights since hearing can be held promptly thereafter. (Exhibit 12). The actions by the City Council and City of Iowa City to terminate Plaintiffs permit is akin to zoning related decisions, where the city prohibits the use of property in specified ways. Zoning decisions by a city, city board or city department may be challenged by certiorari when they are quasi-judicial in character. Sutton v. Dubuque City Council, 729 N.W.2d 796, 797 (Iowa 2006).`) ,»m,: Rezoning often takes on a quasi-judicial character by reason of the process-by which it is carried out. Id. In Buechele v. Ray, 219 N.W.2d 679 (Iowa 1974), the court defined a quasi-judicial function as action that "(1) involves proceedings in 3 E-FILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT which notice and an opportunity be heard are required, or (2) a determination of rights of parties is made which requires the exercise of discretion in finding facts and applying the law thereto." Buechele, 219 N_W.2d at 681; Sutton at 799. In amending its permit standards, the City of Iowa City necessarily made an adjudication with respect to the rights of haulers, such as Plaintiff who have existing service agreements with customers affected by the change, potential haulers who did not have such contracts who wish to bid on permits, the customers themselves, and the interests of the city. Exhibit 1, the letter from the City's Director of Transportation Resource Management states, "The City issued a Request for Proposal (RFP) for solid waste hauling services in an effort to consolidate and reduce the number of solid waste containers in the alleys while also enhancing the services provided to include recycling, composting, grease hauling, etc." The City then selected one hauler for these services. The City then determined that it would not renew Plaintiffs permits and effectively terminated the Plaintiffs service contracts with its existing customers. In reaching its decision, the City of Iowa City, its Council and Transportation and Resource Management Department acted in an adjudicatory capacity with respect to all interested parties. Defendants made this adjudication without affording Plaintiff the opportunity to be heard and without reasonably balancing the rights of Plaintiff and Plaintiffs customers against the City's recently found interest in trash hauling in its alleys. A temporary injunction, either as an auxiliary remedy to a writ of mandamus or as a separate remedy is required. It is well established that when 4 E-FILED 2017 MAR 28 12:13 PM JOHNSON - CLERK OF DISTRICT COURT a party acquires a vested financial interest in reliance upon a permit duly issued by the city, the permit cannot be arbitrarily revoked and that the aggrieved party has the right to be heard. Stoner McCray System v. Des Moines, 78 N.W.2d 843, 848 (Iowa 1956). Here, Iowa City would arbitrarily destroy Plaintiffs vested property rights. It is attempting to deprive Plaintiff of its property without due process of law without hearing in violation of Plaintiffs due process rights under the state and federal constitutions. Iowa Const. art. I, §9; U.S. Const. amend. 14, § 1. Stoner McCrae System, 78 N.W.2d at 847-848. Plaintiff has demonstrated that it is entitled to a temporary injunction both as an auxiliary to its petition for writ of certiorari and as an independent claim for injunction. The City, and its City Council and department acted in an adjudicatory manner in changing and implementing its permit program. Plaintiff has a vested interest in its existing customer service agreements that it acquired in reliance upon permits previously granted by the City which by custom and practice had been routinely renewed. Plaintiff will be irreparably harmed if the City is not enjoined from enforcing the changes to its permit program on March 31, 2017. The City itself will not suffer harm from a temporary injunction because Plaintiff will continue to fulfill its service agreements and trash and cardboard will continue to be removed just as it had prior to March 31, 2017. C) c� c)--< N) C7 ` ? ^7 ?amu 5 a E-FILED 2017 MAR 28 12:13 PM JOHNSON CLERK OF DISTRICT COURT CURRI LI. :a F RM, P.L.C. By: M!"T' E. LIABi AT0004781 1853 51ST Street NE, Suite 1 Cedar Rapids, IA 52402 Phone: (319) 826-3781 Fax: (319) 774-5638 E-mail: mliabo@currieliabo.com ATTORNEY FOR PLAINTIFF 111 iV 6 .E-FILED 2017 MAR 28 1:43 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY HAWKEYE WASTE SYSTEMS, INC. ) ) Case No. CVCV078842 Plaintiffs. ) vs. ) ) ORDER THE CITY OF IOWA CITY, IOWA; ) CITY COUNCIL. CITY OF IOWA CITY. ) IOWA; TRANSPORTATION AND ) RESOURCE MANAGEMENT ) DEPARTMENT, CITY OF IOWA CITY, ) IOWA ) Defendants. ) Plaintiff's Petition for Writ of Certiorari, Temporary and Permanent Stay or Injunction came before the Court. The Court finds having considered the Petition, Exhibits, Affidavits and Brief, finds as follows: 1 . Plaintiff has demonstrated the probability that it will suffer irreparable harm unless the actions of the Defendants as alleged in Plaintiff's Petition and supported by Affidavits are immediately stayed and enjoined pending notice and hearing. 2. Hearing on Plaintiff's Petition, Temporary Stay and Temporary Injunction should be set as soon as practicable. IT IS THEREFORE ORDERED: a. Plaintiffs Petition for Stay and Temporary Injunction is hereby granted. b. Defendants are hereby ordered and enjoined from interfering with Plaintiff's existing contracts with customers as identified in Plaintiffs Petition and supporting Affidavits until further ordered by the court; 4 '. E-FILED 2017 MAR 28 1:43 PM JOHNSON - CLERK OF DISTRICT COURT C. Defendants are hereby ordered and enjoined from removing or causing to be removed Plaintiff's refuse containers for those customers identified in Plaintiff's Petition and Affidavits pending further hearing; d. Plaintiff shall immediately cause Defendants to be personally served with an Original Notice, Plaintiff's Petition, supporting Brief, Exhibits, Affidavits and this Order. e. Hearing on Plaintiff's Petition for Stay and Temporary Injunction shall be held on April 5, 2017, at the Johnson County Courthouse, 417 S. Clinton Street, Iowa City, Iowa at 2:30 p.m. One-half hour is set aside for this hearing. f. Plaintiff shall serve a copy of the Petition and this Order on Defendant before March 31 , 2017. This order is entered without bond. • wr<t 1 . ra r 2 .,. 4 is • E—FILED 2017 MAR 28 1:43 PM JOHNSON—CLERK OF DISTRICT COURT ,40,Fromptc, # # .17 iff A.. II :, , .:•-•444, *:,,,i. i ...: State of Iowa Courts Type: OTHER ORDER Case Number Case Title CVCV078842 HAWKEYE WASTE SYSTEMS V. THE CITY OF IOWA CITY So Ordered . ......-0-si , ...........7Z,2 Ian K.Thomhill,District Court Judge, Sixth Judicial District of Iowa Electronically signed on 2017-03-28 13:43:08 page 3013 -< r**3 Ir' -— LO , IL C._'.1 END OF CASE FILE E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ABC DISPOSAL SYSTEMS,INC., PETITIONER, vs.. No. EQCV078844 CITY OF IOWA CITY MOTION FOR LEAVE TO AMEND RESPONDENT. COMES NOW the Petitioner, ABC Disposal Systems, Inc., by and through the undersigned Attorney, John C.. Wagner, and hereby makes its Motion for Leave to Amend per Iowa R. Civ.. P 1.402(4),as follows: 1. On March 28, 2017, Petitioner filed an Application for Temporary and Permanent Injunction Without Bond with attached Exhibits,Affidavit of Chad Carter,Proposed Order Setting Expedited Hearing, and Proposed Order Granting Temporary Injunction Without Bond. 2. The same day,the Court granted Petitioner's Application and issued a Writ of Temporary Injunction Without Bond in this matter, setting a hearing for Wednesday, April 5, 2017 at 2:30 p.m 3. Petitioner has determined that additional parties should be added as Respondents to the instant action. 4. Namely,Petitioner seeks to add the following as Respondents in the instant action:the City . Council for Iowa City and the Transportation and Resource Management Department for Iowa City. 5.. To date,Petitioner has not amended its filings.. NJ CM 6 Petitioner seeks an amendment in this matter which will allow Petitioner's'aple, atipn and claims for relief to better conform to the proof in this matter. , , := C.) s CC : K 1.e-,,,L (C.E1-..-1) .r;, l C. (i.,a. 1 10 Ci.--,.A..0 1 E-FILED 2017 MAR 29 2.23 PM JOHNSON - CLERK OF DISTRICT COURT 7. Leave to amend will not prejudice any party to this matter and it is in the best interests of justice and efficiency. 8. A copy of the Amended Application is attached hereto as Exhibit "1" and incorporated herein by reference WHEREFORE, Petitioner prays that the Court grant its request for leave to amend the Application in this matter as described above,requests that the attached Amended Application be permitted to stand alone as a file-stamped copy without the necessity of further filing, seek that the exhibit attachments to the Application be deemed already filed, and seeks such other relief as the Court deems just. Respectfully submitted, _/s/John C. Waw, JOHN C.WAGNER AT0008238 JOHN C. WAGNER LAW OFFICES,P.C. 600 39'AVENUE P.O. BOX 262 AMANA,IA 52203-0262 TELEPHONE: (319) 622-3357 FACSIMILE: (319) 622-3404 ATTORNEY FOR PETITIONER ORIGINAL E-FILED. . - U E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ABC DISPOSAL SYSTEMS,INC., PETITIONER, vs. No.EQCV078844 CITY OF IOWA CITY,CITY COUNCIL AMENDED APPLICATION FOR FOR IOWA CITY,AND IOWA CITY TEMPORARY AND PERMANENT TRANSPORTATION AND RESOURCE INJUNCTION WITHOUT BOND MANAGEMENT DEPARTMENT, RESPONDENTS. COMES NOW the Petitioner, ABC Disposal Systems, Inc., by and through the undersigned Attorney, John C. Wagner, and hereby makes its Amended Application for Temporary and Permanent Injunction Without Bond, as follows: 1. Petitioner is an Iowa corporation in the business of collecting and transporting trash and recycling for individuals and commercial entities and has entered into contracts regarding the same. 2. Respondent, City of Iowa City(hereinafter"City"), is a municipal corporation organized under the laws of the State of Iowa.. 3. Respondent, City Council for Iowa City (hereinafter "City Council"), is the governing board for the municipality of Iowa City. 4. Respondent, Transportation and Resource Management Department (hereinafter "Department"), direct,manages, and implements the solid waste hauling and disposal policies of Iowa City and its council. 5. Petitioner contracts with and provides its services to a large number of customers within the downtown Iowa City limits - = 6. For the purposes of the instant Application, the current dispute involves.:ant.area :f.:: downtown Iowa City, Iowa, designated as follows: Gilbert Street to the east, Bloomington Street'1 ki EXHIBIT - 1 E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT to the north, Dubuque Street to the west, and Jefferson Street to the south (hereinafter "subject • zone"). A map of the subject zone is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Prior to the events alleged herein, trash haulers such as Petitioner were required to apply for permits to place their bins in the city alleyways and to use these alleyways in order to access • said bins. • 8 At such time,Respondents placed no limits on the number of permits issued to haulers for bins and alleyway rights of access. 9 Moreover,until the present situation, Respondents expressed no preference for one private • trash hauling entity over another and took no actions to establish such a preference or otherwise interfere with these entities and their customers.. 10.. Last year, the City Council adopted a resolution that amended the permit policy for solid • waste containers in alleys contained in the area designated as "downtown," and set that permit period to ultimately expire on March 31,2017. For purposes of the instant Application,Petitioner • • • concedes Respondents' stated use of the term "downtown" encompasses its use of the term "subject zone." 11.. On or about May 26, 2016, however, the City issued a Request for Proposal (hereinafter "RFP") for solid waste hauling services in an alleged attempt to reduce the number of containers in the alleys of'the subject zone.. 12. As a result of the RFP process, the City chose Republic Services, Inc, (hereinafter Republic"), a Delaware corporation with its corporate headquarters located at 18500 N Allied Way, Phoenix, AZ 85054, which is also in the business of collecting and transporting trash and recycling. i y T. .:7 E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT 13 According to Respondents,as of April 1, 2017,Republic is the only trash hauler to which • Respondents will grant permits for the placement of refuse bins in the alleyways of the subject zone and for the right of access to said alleyways. • 14., Through the language of the RFP, it is clear that Respondents are not hiring the winning hauler, are not responsible for negotiating contracts between the winning hauler and the general public, are not responsible for compensating the losing haulers for the monetary losses on their existing contracts, and are not responsible for notifying said customers of the impact to their services. • 15. Yet, Respondents are still deliberately acting to deny Petitioner (and all other losing haulers) the ability to fulfill their existing contracts by eliminating their use of the subject zone alleyways to reach their bins, a majority of which are currently placed on private,not city-owned property. 16.. It is clear from the RFP and communications from Respondents that Respondents are not engaging in a city-run corporation of trash hauling and thus, cannot claim to have the authority to terminate the existing contracts between Petitioner and its customers.. 17.. Yet, Respondents' actions evidence an explicit preference for one private entity over • another and, although said preference currently leaves Petitioner's existing contracts intact, it completely removes Petitioner's ability to fulfill its obligations to its customers. 18.. As such, Respondents' actions effectively force Petitioner to terminate its contracts with customer's in the subject zone.. 19 Currently, Petitioner has valid and enforceable contracts with 31 customers withtri the subject zone.. • •, py b a • E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT 20.. Petitioner's total monthly revenue for these subject zone contracts is approximately $5,773 13. •• • 21.. Of these 31 customers, however, Petitioner'stores approximately 20 of these customers' •• • • bins on private walkways,inlets, garages, or property. 22.. Regardless of whether the bins are placed on private property or alleyway cement, • Petitioner requires alleyway access to reach these bins.. 23.. From the dates these contracts were signed to the present, Petitioner has collected and hauled these customers'trash and recycling as scheduled and in accordance with the terms of their • respective contracts.. 24. Petitioner has no intention of abandoning its long-standing and loyal customers. 25.. Additionally, many of Petitioner's customers have directly expressed to Petitioner a • preference for their services over that of Republic's • 26. For example, one of Petitioner's customers in the subject zone has contracted with Petitioner for nearly 10 years and requests that their bin be physically locked from access by the general public via lock and key. • • • 27. Petitioner has gladly accommodated this preference since signing with the specific • customer; however, after being contacted by representatives of Respondent indicating they must terminate their business with Petitioner and sign with Republic,said customer contacted Republic only to be told that Republic could not and would not accommodate such a request.. 28.. Thus,according to Respondents,this specific customer must forego his request,breach his contract with Petitioner', and sign a new contract with Republic for services that do not accommodate his needs or free market preferences. • • c� a, E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT 29. In fact,Petitioner is constantly contacted by its customers in the subject zone,who indicate that they are continually receiving messages from representatives of Respondents and Republic, • pressuring them to terminate their services with Petitioner and sign with Republic. 30.. Petitioner will not tolerate this type of interference with its extremely loyal customers in the subject zone. 31.. As previously stated, Petitioner currently holds permits to place its bins in the alleyways (regardless of whether they were situated on private property within the alleyways or not) and permits to access these bins via use of the alleyways.. 32.. For the first time, via a letter dated March 10, 2017, the Department informed Petitioner that its aforementioned permits will expire on March 31, 2017 and that Petitioner must "make immediate arrangements"to remove all of its trash containers within the subject zone on or before March 31,2017.. A copy of this letter and the envelope it was sent in is attached hereto as Exhibit "B"and incorporated herein by reference, • 33,. Petitioner specifically brings to the Court's attention the following dates: 1) on or about May 26, 2016 — the RFP is sent out; 2) on or' about January 19, 2017 — Petitioner learns from Respondent that Republic won the bid; 3) March 10, 2017 — the Department drafts its first and only official correspondence to Petitioner regarding expiration of their alleyway permits and the • Department's stated requirement of removing the bins from the subject zone; 4) March 14, 2017 • —the Department's letter is mailed to Petitioner; and 5)March 31,2017—the Department's stated deadline for Petitioner to remove its bins within the subject zone. 34. Not only was the Department's March 10, 2017 letter the first official corresndence Respondents bothered to send to Petitioner regarding this issue and deadline,but:,it wasn't',,mailec for another four days thereafter.. See Exhibit B.. � • •• E-FILED 2017 MAR 29 2.23 PM JOHNSON - CLERK OF DISTRICT COURT 35. This letter contained extremely time-sensitive material, including expected termination • dates for Petitioner's permits, and a burdensome deadline to remove all of their bins from the subject zone. • 36 Moreover,this extremely truncated timeframe, of just 17 days from dispatch of the letter to purported deadline, creates an exceptional burden on Petitioner's business operations and existing contracts. 37 Petitioner alleges that Respondents purposefully sent this letter extremely late in the process and did so with deliberate and wanton disregard for Petitioner's rights.. 38. Respondents know that Petitioner has many existing contracts with customers in the subject • zone,that Petitioner requires the use of the city alleyways to reach its customers' bins, and that a substantial number of these bins are situated on private property and outside of the jurisdiction of the City Council's relevant ordinances 39. If Petitioner is forced to remove their bins from their customers' private property and disallowed to access said bins via the subject zone alleyways, Petitioner will lose a substantial number of customers and may subject itself to potential liability on its existing contracts with the same. • 40. In order to prevent irreparable and substantial harm to its interests and contracts with customers in the subject zone, Petitioner seeks that Respondents be temporarily and permanently enjoined from disallowing Petitioner to reapply for bin permits within the subject zone,removing any trash bins of Petitioner's existing customers within the subject zone, granting permits exclusively to Republic for use of alleyways in the subject zone, and interfering with Petitioner's existing contracts. • i.7 • • E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT 41. Petitioner further seeks an order allowing Petitioner to retain its specific bins,currently on private property, and giving Petitioner reasonable access to continue servicing the same in accordance with its existing contracts • 42. Given the imminent deadline imposed upon Petitioner by Respondents and the fact that • Respondents provided Petitioner less than three weeks'notice regarding the same,Petitioner seeks • a temporary injunction without notice to be entered.. 43. Specifically, per Rule 1.1507, Petitioner requests that Respondents be temporarily • enjoined, without hearing or further notice, from disallowing ABC to reapply for bin permits • within the subject zone, removing any trash bins of Petitioner's existing customers within the subject zone, granting permits exclusively to Republic for use of alleyways in the subject zone, • and interfering with Petitioner's existing contracts. • 44 "When the applicant is requesting that a temporary injunction be issued without notice, applicant's attorney must certify to the court in writing either the efforts which have been made to • give notice to the adverse party or that party's attorney or the reason supporting the claim that • notice should not be required_"Iowa R. Civ..P. 1..1507.. 45. As required under Rule 1.1507, the undersigned contacted counsel for Respondent via email dated March 23,2017,notifying the same of the pending instant Application,to which said counsel responded that Respondent does not stipulate to the entry of a temporary injunction.. 46. Petitioner also requests a waiver of bond under Iowa Rule of Civil Procedure 1.1508, as Respondents will not be harmed by the injunction since Petitioner is requesting the court maintain the status quo only and allow Petitioner the ability to continually service its customers without interference or interruption.. sx E-FILED 2017 MAR 29 2:23 PM JOHNSON - CLERK OF DISTRICT COURT 47. The assertion that Respondents will not be harmed by the injunction is further supported by the fact that Respondents are not competing against Petitioner as a government corporation,but are merely acting with a preference for one private entity over another.. 48. Petitioner further seeks that hearing be set to enter a permanent injunction in this matter to enjoin Respondents' current and future interference with Petitioner's existing contracts between customers in the subject zone,issuance of alleyway permits exclusively to Republic,disallowance of Petitioner's reapplication for bin permits within the subject zone, and/or to allow Petitioner the opportunity to satisfy the remainder of its existing contractual obligations with customers in the subject zone. 49 Petitioner's Application for a Temporary and Permanent Injunction is supported by the attached Affidavit of Chad Carter,Vice President of ABC Disposal Systems, Inc. 50_ Petitioner has not sought this relief from any Court, per Iowa Rule of Civil Procedure 1.1504.. 51.. There is no legal remedy available to Petitioner other than injunctive relief' WHEREFORE, Petitioner prays that Respondents be immediately temporarily enjoined from disallowing Petitioner to reapply for bin permits within the subject zone,removing any trash bins of Petitioner's existing customers within the subject zone, granting permits exclusively to Republic for use of alleyways in the subject zone, interfering with Petitioner's existing contracts, and that the matter of a permanent injunction be set for hearing, that bond be waived, and such other relief as the Court deems just - 1 * E-FILED 2017 MAR 29 2:23 PM JOHNSON- CLERK OF DISTRICT COURT Respectfully submitted, /s/John C. Wagner JOHN C.WAGNER AT0008238 JOHN C. WAGNER LAW OFFICES,P C. 600 39TH AVENUE P.O. BOX 262 AMANA, IA 52203-0262 TELEPHONE: (319) 622-3357 FACSIMILE: (319) 622-3404 ATTORNEY FOR PETITIONER ORIGINAL E-FILED.. E-FILED 2017 MAR 30 3:34 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ABC DISPOSAL SYSTEMS, INC., PETITIONER, vs. No. EQCV078844 CITY OF IOWA CITY, CITY COUNCIL ORDER GRANTING MOTION FOR FOR IOWA CITY, AND IOWA CITY LEAVE TO AMEND TRANSPORTATION AND RESOURCE MANAGEMENT DEPARTMENT, RESPONDENTS. ON THIS 30th day of March, 2017, the matter of Petitioner's Motion for Leave to Amend came before the Court. Upon review of the file and relevant law, the Court finds that the motion should be granted for the reasons stated therein. IT IS THEREFORE ORDERED that Petitioner's Motion for Leave to Amend is hereby GRANTED. Petitioner's Amended Application for Temporary and Permanent Injunction Without Bond is hereby deemed as a file-stamped copy without the necessity of further filing and the exhibits referenced within the Amended Application are deemed as already filed. IT IS FURTHER ORDERED that the Court's Order for Temporary Injunction Without Bond and Order Setting Expedited Hearing are hereby amended to include the additional Respondents, as named in the caption above. IT IS FURTHER ORDERED that the Clerk of Court is hereby directed to issue an Amended Temporary Writ of Injunction Without Bond including the additional Respondents, as named in the caption above. IT IS FURTHER ORDERED that a copy of all filings and Orders of this Court shall be served upon all parties in this matter. Clerk to notify. E-FILED 2017 MAR 30 3:34 PM JOHNSON -CLERK OF DISTRICT COURT Alio13TR,tr, �+ 3 , 'e. itI it y- :! .4,;„ - „..,,-. State of Iowa Courts Type: OTHER ORDER Case Number Case Title EQCV078844 ABC DISPOSAL SYSTEMS, INC. V. CITY OF IOWA CITY So Ordered \ -------al / --------71-#21 Ian K.Thornhill,District Court Judge, Sixth Judicial District of Iowa Electronically signed on 2017-03-30 15:34:51 page 2 of 2 E-FILED 2017 MAR 30 3:45 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ABC DISPOSAL SYSTEMS INC Plaintiff(s), CASE NO. 06521 EQCV078844 vs. ORDER CITY OF IOWA CITY Dated: 03/30/2017 Defendant(s). The Court has before it this day Defendants' Motion to Dissolve the Temporary Injunction issued by the Court on March 29, 2017. Based upon the representation by Defendant, through counsel, that it will voluntarily refrain from removing Plaintiffs trash and recycling bins from the city right-of-way pending the Court Ruling after the hearing on April 5, 2017. the Court finds the Temporary Injunction is not necessary and is hereby dissolved. Clerk to notify. 1 o`2 • • E-FILED 2017 MAR 30 3:45 PM JOHNSON -CLERK OF DISTRICT COURT O4o pS5TRJ�.f. 4. ;7: c+o o-. 60 t Q.:4114 �L c S, State of Iowa Courts Case Number Case Title EQCV078844 ABC DISPOSAL SYSTEMS, INC. V. CITY OF IOWA CITY Type: Other Order So Ordered Ian K.Thomhili,District Court Judge, Sixth Judicial District of Iowa Electronically signed on 2017-03-30 15:45:34 2 of 2 END OF CASE FILE 2 )* PORTZEN CONSTRUCTION 205 STONE VALLEY DRIVE • DUBUQUE, IOWA 52003 • (563) 557-7642 • Fax (5631 557-9048 May 8, 2017 City of Iowa City 410 E Washington Street Iowa City, Iowa 52240 RE: #16-09 — Iowa City Washington Street Streetscape Dear City Clerk: We hereby make a request for early release of retained funds for the Iowa City Washington Street Streetscape. Enclosed please find my affidavit in accordance with Section 26.13, Code of Iowa. If you have any questions, please give me a call. Sincerely, Michael E. Portzen President 0 =Tin 2 M o coC) CA AFFIDAVIT CONCERNING THE Iowa City Washington Street Streetscape STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) The undersigned, being first duly sworn on oath deposes and states: 1 . That this Affidavit is given pursuant to Section 26.13, Code of Iowa. 2. That the undersigned is a contractor for the City of Iowa City Public Improvement project known as the Iowa City Washington Street Streetscape . 3. That said project is substantially completed. 4. The undersigned contractor has served written notice on each known subcontractor, sub-subcontractor, and supplier that provided labor or materials for this public improvement project, and with said notice, a copy of which is attached hereto, was delivered on or about April 27, 2017, at least ten days prior to the date of this Affidavit. 5. That pursuant to Section 26.13, Code of Iowa, the undersigned contractor hereby requests the City of Iowa City to release the partial funds retained for this project. Dated this 8th day of May 2017. PORTZEN CONSTRUCTION, (NC.o rn • ! ...7:4' 71..) ' /i(itLi By: Michael E. Portzen, President Subscribed and sworn to before me, a Notary Public in and for the State of Iowa, by Michael E. Portzen, to me known to be the President of Portzen Construction, Inc., and Iowa Corporation. s MONICA SCHMITT BY: 6Artg c, 1 o COMMISSION NUMBER 743178 Notary Public MY COMMISSION EXPIRES low''• \0-3-19 PORTZEN CONSTRUCTION 205 STONE VALLEY DRIVE • DUBUQUE, IOWA 52003 • (563) 557-7642 • Fax (563) 557-9048 April 27, 2017 NOTICE OF CONTRACTOR'S REQUEST FOR EARLY RELEASE OF RETAINED FUNDS You are hereby notified that Portzen Construction, Inc. will be requesting an early release of funds on a public improvement project designated as Iowa City Washington Street Streetscape for which you have or may have provided labor or materials. The request will be made pursuant to Iowa Code Section 26.13. The request may be filed with the City of Iowa City, Iowa after ten calendar days from the date of this notice. The purpose of this request is to have the City of Iowa City, Iowa release and pay funds for all work that has been performed and charged to the City of Iowa City, Iowa as of the date of this notice. This notice is provided in accordance with Iowa Code Section 26.13. Sincerely, liti„41(1, Michael E. Portzen President =-4 -< moor rn coa �=- END OF CASE FILE