The URL can be used to link to this page

Home My WebLink About2018 LawsuitsAO 440 (Rev. 06/12) Siunmons in a Civil Action UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF IOWA CHARLES HENRICHS Plaints) V. ALIRIO ARCENAS and PAUL BATCHELLER, Individually and in their capacities as police officers for the City of Iowa City, Iowa; and CITY OF IOWA CITY, IOWA Civil Action No. 3:16 -CV -123 Defendant(s) ) o SUMMONS IN A CIVIL ACTION m To: (Defendant's name and address) City of Iowa City, Iowa City Clerk (Kellie Freehling) 410 E. Washington St. Iowa City, IA 52240 %? w s - A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Leon F. Spies Spies, Pavelich & Foley 312 E. College Street, Suite 216 Iowa City, IA 52240 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or m ' _;&� Date: 12/10/2016 cc: CA (Thor✓i+a,-)) >= I N1 (Am -b rye CA (m c_C,�l rc &+k ) SUMMONS ISSUED JOHN S. COURTER, Clerk By: DEPUTY CLERK AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 3:18 -CV -123 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed R. Civ. A 4 (I)) This summons for (name of individual and title, if any) was received by me on (date) O I personally served the summons on the individual at (place) on (date) ; or O I left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual's last known address; or O I served the summons on (name ofindividuall who is designated by law to accept service of process on behalf of (name oforganization) on (date) ; or O I returned the summons unexecuted because ; or O Other (spec): My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature CO Printed name and title U-1 d __ � O N _. x , L�j ._._ Server's address co Additional infAiation regarding attempted service, etc: Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION CHARLES HENRICHS, Plaintiff, V. ALIRIO ARCENAS, Individually and in his official capacity as a police officer for the City of Iowa City, Iowa; PAUL BATCHELLER, Individually and in his official capacity as a police officer for the City of Iowa City, Iowa; and CITY OF IOWA CITY, IOWA. states: Defendants. Case No. 3:18-cv-123 COMPLAINT (JURY DEMAND) Plaintiff Charles Henrichs for cause of action against the Defendants PARTIES AND JURISDICTION 1. Plaintiff Charles Henrichs is an individual residing in Johnson County, Iowa. 2. Defendant City of Iowa City, Iowa (hereafter "Defendant City"), is a municipal corporation located in Johnson County, Iowa, and organized under the laws of the State of Iowa. 1 N 4 _ Cb rn f = Cn ^—; o -'r -v a - Plaintiff Charles Henrichs for cause of action against the Defendants PARTIES AND JURISDICTION 1. Plaintiff Charles Henrichs is an individual residing in Johnson County, Iowa. 2. Defendant City of Iowa City, Iowa (hereafter "Defendant City"), is a municipal corporation located in Johnson County, Iowa, and organized under the laws of the State of Iowa. 1 Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 2 of 8 Defendant City, through its agents and employees, is responsible for, and does in fact, hire, train, supervise and instruct police officers in the performance of their duties. 4. Defendant Alirio Arcenas (hereafter "Defendant Arcenas") is a United States citizen and resident of the state of Iowa, and at all times relevant to this action was a police officer employed by the City of Iowa City, Iowa. 5. Defendant Paul Batcheller (hereafter "Defendant Batcheller") is a United States citizen and resident of the state of Iowa and at all times relevant to this action was a police officer employed by the City of Iowa City, Iowa. 6. At all times relevant to the events alleged in this Complaint, the individual defendants were acting within the scope of their employment or duties as law enforcement officers for the City of Iowa City, Iowa, police department, and under color of state law. 7. Jurisdiction of the court is invoked under 28 U.S.C. §§ 1331 and 1343(3); the Civil Rights Act, 42 U.S.C. §§ 1983 and 1988; and under the provisions of the Fourth Amendment to the Constitution of the United States. 8. All events and actions described in this Complaint occurred in the Southam District of Iowa, and venue is proper under 28 U.S.C. § 1391(b). C'i V 0 C�i n ch N 2 Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 3 of 8 ntf. ''fes FACTUAL BACKGROUND 9. All of the events and actions described in this Complaint occurred in the City of Iowa City, Johnson County, Iowa. 10. Plaintiffs incorporate by reference all of the facts and allegations described in the preceding paragraphs. 11. On the morning of December 11, 2016, Plaintiff Charles Henrichs was residing at 18 South Governor Street, in Iowa City, Johnson County, Iowa and was a student at the University of Iowa in Iowa City. 12. At about 2:20 a.m. on December 11, 2016, Defendants Arcenas and Batcheller were assisting officers with the University of Iowa's Department of Public Safety in investigating a claim of criminal mischief, a simple misdemeanor under Iowa law. 13. At about 2:20 a.m. on December 11, 2016, and in the course of the investigation, Defendants Arcenas and Batcheller went to Plaintiff s home at 18 South Governor Street in Iowa City, Iowa, and demanded entry into the home. In spite of Plaintiff s consistent refusal to allow Defendants Arcenas and Batcheller to enter the home, the Defendants made a nonconsensual entry into the Plaintiff s home. Neither Defendants Arcenas nor Batcheller, or any other. officers of the Iowa City Police Department, possessed a search warrantfor tll� residence or an arrest warrant for Plaintiff. 3 ca Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 4 of 8 14. After entering Plaintiff's home, Defendants Arcenas and Batcheller immediately arrested Plaintiff and threw him forcefully to the floor rendering Plaintiff unconscious and causing him to sustain head and facial injuries. 15. Plaintiff was thereby rendered immediately incapacitated and later transported to a hospital for treatment of his injuries. CAUSES OF ACTION Count 1 Violation of clearly established civil rights guaranteed by the Fourth Amendment to the United States Constitution and 42 U.S.C. §1983—Defen dams Arcenas an d Batch eller. 15. Plaintiff realleges the preceding paragraphs and incorporates them by this reference. 16. Defendants Arcenas and Batcheller, acting under color of law, by entering Plaintiffs residence, violated Plaintiff s clearly established constitutional right under the Fourth Amendment to the United States Constitution to be free from unreasonable searches and seizures. 17. Defendants Arcenas and Batcheller, by their conduct and action, and by using excessive force and acting under color of law, violated Plaintiff s yclearty established constitutional rights by utilizing excessive force in a manner !"dis � ortionate to the force necessaryto arrest or question Plaintiff. pip _ _ L_ o - N 4 Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 5 of 8 18. A reasonable officer, in Defendant Arcenas's and Batcheller's situation, would have known, in light of clearly established law, that Defendant Arcenas's and Batcheller's use of force in this manner violated Plaintiff s Fourth Amendment rights. 19. Defendants Arcenas and Batcheller demonstrated a deliberate indifference to or reckless disregard of Plaintiff s constitutional rights, and their actions were willful, wanton, unlawful and in gross disregard of Plaintiffs rights, justifying an award of punitive damages. 20. As a direct and proximate result of the unconstitutional actions of Defendants Arcenas and Batcheller described above, Plaintiff Charles Henrichs was physically injured and sustained damages as described more fully below. Count 2 Violation of clearly established civil rights guaranteed by the Fourth Amendment to the United States Constitution and 42 U.S.C. § 1983 — Defendant City of Iowa City, Iowa 21. Plaintiff realleges the factual assertions in the preceding paragraphs and incorporate them by this reference. 22. At all times material to this action, Defendant City of Iowa City, Iowa, had policies, practices, customs and usages that were a direct and proximate cause N CJ of the unconstitutional conduct, namely warrantless entry into an occupied residence and excessive force, alleged above. o-:-. 5 w cn Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 6 of 8 23. Defendant City's police department had in effect, both before and at the time of the events alleged in this Complaint, policies, practices, customs and procedures that operated to deprive Plaintiff of his constitutional rights, and were the moving force behind the violation of his rights and constituted deliberate indifference. 24. Defendant City, through its police department, is liable under 42 U.S.C. § 1983 because it established, authorized or tolerated policies and practices that were intended to and did encourage, endorse, and permit their agents and employees to violate the constitutional rights of Plaintiff. 25. The unconstitutional policies, practices, customs and procedures of the Defendant City include, but are not limited to, a policy, practice, custom or procedure of failing to properly train and supervise officers to avoid the inappropriate entry into an occupied residence and use of force. 26. The actions of Defendants Arcenas and Batcheller were inappropriate for the situation alleged above, due to their having been inadequately trained and supervised. If properly trained and supervised officers had been on the scene, entry into the Plaintiff's residence in the manner N 6 desctffied and use of excessive force would not have occurred. M d LJ. - LJJ J t p 7 - LL p W N 6 Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 7 of 8 27. As a direct and proximate result of the unconstitutional actions of Defendants, Plaintiff Charles Henrichs was physically injured and sustained damages as more particularly described below. DAMAGES Plaintiff incorporate the factual allegations described above and incorporate them by this reference. 2. As a direct and proximate result of Defendants' unconstitutional and unjustified conduct, Plaintiffs sustained the following damages in excess of the jurisdictional requirement of this court: a. deprivation of Charles Henrichs's constitutional rights; b. physical injuries to his head and face; c. doctor, medical and rehabilitation expenses for the treatment of his injuries; d. past physical and mental pain and suffering; e. future doctor, medical and rehabilitation expenses for the treatment of his injuries; f. future physical and mental pain and suffering: g. permanent disability and impairment of the physical function of his body; h. allowable cost, expenses and fees associated with this litiga*n; ZG i. attorney fees and costs for all claims for relief pursuant to 4§ v U.S.C. §§ 1983 and 1988; and o 7 cs Case 3:18-cv-00123-JEG-HCA Document 1 Filed 12/10/18 Page 8 of 8 punitive damages against Defendants Arcenas and Batcheller in their individual capacities. WHEREFORE Plaintiff Charles Henrichs prays for judgment against the Defendants, jointly and severally, in an amount supported by the allegations of this Complaint which will fully and fairly compensate him for the injuries and damages alleged, including compensatory and punitive damages, attorney fees, interest and costs as allowed by law, and for such other relief as may be equitable and just under the circumstances. JURY DEMAND Plaintiff Charles Henrich hereby demands a trial by jury. /s/ Leon F. Spies LEON F. SPIES PIN: AT0007456 Attorney for Plaintiffs 312 E. College Street, Suite 216 Iowa City, Iowa 52240 Phone(319)337-4193 Fax (319) 337-2396 spies@spaflegal.com Ln 0 a �= N END OF CASE FILE 18-23538-rdd Doc 807 Filed 11/16/18 Entered 11/16/18 21:56:09 Main Document SRF 29036 Fig 1of6 WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Ray C. Schrock, P.C. Jacqueline Marcus Garrett A. Fail Sunny Singh Attorneys for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------- —---------------------------- X In re: Chapter 11 SEARS HOLDINGS CORPORATION, et al., Case No. 18-23538 (RDD) (Jointly Administered) Debtors.' ----------------------------------------------------------------- -X ' The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, are as follows: Sears Holdings Corporation (0798); Kmart Holding Corporation (3116); Kmart Operations LLC (6546); Sears Operations LLC (4331); Sears, Roebuck and Co. (0680); ServiceLive Inc. (6774); SHC Licensed Business LLC (3718); A&E Factory Service, LLC (6695); A&E Home Delivery, LLC (0205); A&E Lawn & Garden, LLC (5028); A&E Signature Service, LLC (0204); FBA Holdings Inc. (6537); Innovel Solutions, Inc. (7180); Kmart Corporation (9500); MaxServ, Inc. (7626); Private Brands, Ltd. (4022); Sears Development Co. (6028); Sears Holdings Management Corporation (2148); Sears Home & Business Franchises, Inc. (6742); Sears Home Improvement Products, Inc. (8591); Sears Insurance Services, L.L.C. (7182); Sears Procurement Services, Inc. (2859); Sears Protection Company (1250); Sears Protection Company (PR) Inc. (4861); Sears Roebuck Acceptance Corp. (0535); Sears, Roebuck de Puerto Rico, Inc. (3626); SYW Relay LLC (1870); Wally Labs LLC (None); SHC Promotions LLC (9626); Big Beaver of Florida Development, LLC (None); California Builder Appliances, Inc. (6327); Florida Builder Appliances, Inc. (9133); KBL Holding Inc. (1295); KLC, Inc. (0839); Kmart of Michigan, Inc. (1696); Kmart of Washington LLC (8898); Kmart Stores of Illinois LLC (8897); Kmart Stores of Texas LLC (8915); MyGofer LLC (5531); Sears Brands Business Unit Corporation (4658); Sears Holdings Publishing Company, LLC. (5554); Sears Protection Company (Florida), L.L.C. (4239); SHC Desert Springs, LLC (None); SOE, Inc. (9616); StarWest, LLC (5379); STI Merchandising, Inc. (0188); Troy Coolidge No. 13, LLC (None); B1ueLight.com, Inc. (7034); Sears Brands, L.L.C. (4664); Sears Buying Services, Inc. (6533); Kmart.com LLC (9022); and Sears Brands Management Corporation (5365). The location of the Debtors' corporate headquarters is 3333 Beverly Road, Hoffman Estates, Illinois 60179. IA (Thorn 0VN) F I r l (A -n&6 i^OS.e. -) WEIL:\9679755S19V/ 3217.0003 ra l mc-ckr,�&-kit 18-23538-rdd Doc 807 Filed 11/16/18 Entered 11/16/18 21:56:09 Main Document Pg2of6 NOTICE OF MEETING OF CREDITORS PURSUANT TO SECTION 341 OF THE BANKRUPTCY CODE PLEASE TAKE NOTICE that the meeting of creditors for the above -captioned chapter 11 cases, pursuant to section 341 of title 11 of the United States Code (the "341 Meeting") will take place on December 13, 2018 at 2:30 Din. (Eastern Time). The 341 Meeting will be held in Room 511 of the United States Bankruptcy Court, One Bowling Green, New York, NY 10004. PLEASE TAKE FURTHER NOTICE that the 341 Meeting may be adjourned or continued from time to time by notice at the 341 Meeting and without further written notice being provided to creditors. Dated: November 16, 2018 New York, New York /s/ Garrett A. Fail WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Ray C. Schrock, P.C. Jacqueline Marcus Garrett A. Fail Sunny Singh W EIL:\96787555\3\73217.0003 Attorneys for Debtors and Debtors in Possession Uj U= � � V r N �- v W EIL:\96787555\3\73217.0003 18-23538-rdd Doc 807 Filed 11/16/18 Entered 11/16/18 21:56:09 Main Document Pg3of6 Debtor Sears Holdings Corporation. el al. EIN: 20-1 92 07 98 United States Bankruptcy Court for the Southern District of New York Case Number: 18-23538 (RDD) Date case tiled in chapter 11: October 15. 2018 and r 18. 21 Official Form 309F (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case 12/17 For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code. An order for relief has been entered. This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or the debtor's property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency, repossess properly, or otherwise try to collect from the debtor. Creditors cannot demand repayment from the debtor by mail, phone, or otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney's fees. Confirmation of a chapter 11 plan may result in a discharge of debt. A creditor who wants to have a particular debt excepted from discharge may be required to file a complaint in the bankruptcy clerk's office within the deadline specified in this notice. (See line 11 below for more information.) To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below or through PACER (Public Access to Court Electronic Records at www.oacer.00vl. Do not file this notice with any proof of claim or other filing In the case. g 1. Debtor's Full Name See Schedule 1 for all Debtor Names 2. All other names used In the See Schedule 2 last 8 years 3. Address 4. Debtor's attorney Name and address 5. Bankruptcy clerk's office Documents in this case may be filed at this address. You may inspect all records filed in this case at this office or online at www.oacer.00v. 3333 Beverly Road, Hoffman Estates, Illinois 60179 WEIL, GOTSHAL& MANGES LLP 767 Fifth Avenue New York, New York 10153 Ray C. Schrock, P.C. Jacqueline Marcus Garrett A. Fail Sunny Singh Contact Telephone: (212) 310-8000 Contact Facsimile: (212) 310-8007 ray.schrock9 wei I.com E-mail: jacqueline.marcusQweil.com garrett.fail @ weil.com sunny.singh@?weil.com United States Bankruptcy Court Hours open: 300 Quarropas Street, Monday - Friday, 8:30 a.m. - 5:00 p.m. (except White Plains, NY 10601 federal holidays) Contact phone: (914) 467-7250 Official Form 309F (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case W EIL:\96767555\3\73217.0003 page 1 18-23538-rdd Doc 807 Filed 11/16/18 Entered 11/16/18 21:56:09 Main Document Pg4of6 Debtor Sears Holdings Corporation, at at, Name A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be 6. Meeting of creditors December 13. 2018 at 2:30 p.m. (ET) The debtor's representative Your claim will be allowed in the amount scheduled unless: must attend the meeting to be The meeting may be continued or questioned under oath. adjourned to a later date. If so, the date Creditors may attend, but are will be on the court docket. not required to do so. 7. Proof of claim deadline Deadline for filing proof of claim: N/A Case number (if Imown) 18-23538 (RDD) o Location: U.S. Bankruptcy Court Southern District of New York One Bowling Green (Room 511) New York, NY 10004-1408 Not yet set. If a deadline is set, the court will send you another notice. If you have questions about this notice, please contact Prime Clerk LLC Telephone: (844) 384-4460 (US toll free) or +1 (929) 955-2419 (International), Email: searsinfo@PrimeClerk.com, Website: https://restructuring.primeclerk.com/sears W EIL \96787555\3\73217.0003 A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be obtained at www.uscourts.00v or any bankruptcy clerk's office. In M Your claim will be allowed in the amount scheduled unless: your claim is designated as disputed, contingent, or unliquidated you file a proof of claim in a different amount; or 0- you receive another notice. 1 , L I . f - If your claim is not scheduled or if your claim is designated as disputed, contingent, or unliquidated, N _ you must file a proof of claim or you might not be paid on your claim and you might be unable to vote on a plan. You may file a proof of claim even if your claim is scheduled. t r - You may review the schedules at the bankruptcy clerk's office or online at www.oacer.gov w Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing o a proof of claim submits a creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a proof of claim may surrender - important nonmonetary rights, including the right to a jury trial. 8. Exception to discharge If § 523(c) applies to your claim and you seek to have it excepted from discharge, you must start a deadline judicial proceeding by filing a complaint by the deadline stated below The bankruptcy clerk's office must receive a complaint and any required filing fee by the Deadline for filing the complaint: February 11, 2019 following deadline 9. Creditors with a foreign If you are a creditor receiving notice mailed to a foreign address, you may file a motion asking the address court to extend the deadlines in this notice. Consult an attorney familiar with United States bankruptcy law 8 you have any questions about your rights in this case. 10. Filing a Chapter 11 Chapter 11 allows debtors to reorganize or liquidate according to a plan. A plan is not effective unless bankruptcy case the court confirms h. You may receive a copy of the plan and a disclosure statement telling you about the plan, and you may have the opportunity to vote on the plan. You will receive notice of the date of the confirmation hearing, and you may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor will remain in possession of the property and may continue to operate its business. 11. Discharge of debts Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt. See 11 U.S.C. § 1141(d). A discharge means that creditors may never by to collect the debt from the debtor except as provided in the plan. If you want to have a particular debt owed to you excepted from the discharge and § 523(c) applies to your claim, you must start a judicial proceeding by filing a complaint and paying the filing fee in the bankruptcy clerk's office by the deadline. If you have questions about this notice, please contact Prime Clerk LLC Telephone: (844) 384-4460 (US toll free) or +1 (929) 955-2419 (International), Email: searsinfo@PrimeClerk.com, Website: https://restructuring.primeclerk.com/sears W EIL \96787555\3\73217.0003 18-23538-rdd Doc 807 Filed 11/16/18 Entered 11/16/18 21:56:09 Main Document Pg5of6 Schedule 1 Debtor EIN Number Case No. District Debtor EIN Number Cage No. District Sears Holdings Corporation 20 19211798 I8-23538 (RDD) S.D.N.Y. Sears Holdings Publishing Company, LLC 26-0075554 18-23575 (RDD) S.D.N.Y. Kmart Holding Corporation 32-0073116 I8-23539 (RDD) SDNY. Sears Sears Protection Company L.L.C. 20-0224239 18-23569 (RDD) S.DN.Y. Kmart Operations LLC 32-0456546 IB -23540 (RDD) SDN.Y. Sears Operations LLC 35-2524331 18-23541(RDD) SDNY. SHC Desert Springs, LLC None 18-23577(RDD) SDN.Y. Sears, Roebuck and Co. 36-1750680 I8-23537 (RDD) SDNY. SOE, Inc. 83-0399616 18-23578 (RDD) SDN.Y. ServiceLive, Inc. 364616774 I8-23542 (RDD) SDN.Y. StarWeu, LLC 37-1495379 I8-23579 (RDD) SDN.Y. SHC Licensed Business, LLC 37-1783718 18-23616 (RDD) SDN.Y. STI Merchandising, Inc. 38-2760188 I8-23580 (RDD) SDN.Y. A&E Factory Service, LLC 364486695 18-23543 (RDD) SDN.Y. Troy Coolidge No. 13, LLC None 18-23551 (RDD) SDN.Y. A&E Home Delivery, LLC 37-1500205 I8-23544 (RDD) SDNY. BlueLight.com, Inc. 77-0527034 18-23582 (RDD) SDN.Y. A&E Lawn & Garden, LLC 133275028 18-23545 (RDD) SDN.Y. Sears Brands, L.L.C. 42-1564664 18-23583 (RDD) SDN.Y. A&E Signature Service. LLC 37-1500204 18-23546 (RDD) SDNY. Sears Buying Services, Inc. 36-3256533 18-23584 (RDD) SDNY. FBA Holdings Inc. 36-4186537 I8-23547 (RDD) SDN.Y. Kmart.com LLC 77-0529022 18-23585 (RDD) I SDNY. Innovel Solutions, Inc. 36-1857180 18-23548 (RDD) SDN.Y. Sears Brands Management Corporation 36-2555365 18-23586 (RDD) SDNY. Kmart Corporation 38-0729500 I8-23549 (RDD) SDNY. `'J —I C-) N �D 1 CD Jl MaxServ,Inc. 74-2707626 18-23550(RDD) SDNY. Private Brands, Ltd. 55-0544022 18-23551 (RDD) SDN.Y. Sears Development Co. 36-2476028 I8-23552 (RDD) SDN.Y. Sears Home & Business 98-0126742 18-23554 (RDD) SDN.Y. Franchises, Inc. Sears Holdings Management 20-3592148 I8-23553 (RDD) SDN.Y. Corporation Sears Insurance Services, L.L.C. 363287182 I8-23556(RDD) SDNY. Sears Procurement Services, Inc. 30-0092859 18-23557 (RDD) SDNY. Sears Home Improvement 25-1698591 I9-23555 (RDD) Products.1m. SDNY. Sears Protection Company 364471250 18-23558 (RDD) SDNY. Sears Protection Company (PR), 66-0704861 18-23559 (RDD) SDNY.: Inc. Sears Roebuck Acceptance Corp. 51-0080535 18-23560(RDD) SDN.Y. Sears, Roebuck de Puerto Rico, 66-0233626 18-23561 (RDD) SDN.Y.Inc. SYW Relay LLC 35-2561570 I8-23562 (RDD) SDN.Y. Wally Labs LLC None 18-23563 (RDD) SDN.Y. SHC Promotions LLC 264209626 18-23630 (RDD) SDN.Y. Big Beaver of Florida None 18-23564(RDD) SDN.Y. Development, LLC California Builder Appliances, Inc 68-0406327 I8-23565(RDD) SDNY. Florida Builder Appliances, Inc. 36-3619133 18-23566 (RDD) SDN.Y. KBL Holding Inc. 26-0031295 I8-23567 (RDD) SDNY. KLC, Inc. 75-2490839 18-23568(RDD) SDNY. Kmart of Michigan, Inc. 38-3551696 18-23576(RDD) SDN.Y. Kmart of Washington LLC 61-1448898 18-23570 (RDD) SDN.Y. Kmart Stores of Illinois LLC 61-1448897 18-23571(RDD) SDNY. Kmart Stores of Texas LLC 61-1448915 18-23572(RDD) SDN.Y. Myoofer LLC 264005531 18-23573 (RDD) SDN.Y. Sears Brands Business Unit 42-1564658 I8-23574 (RDD) SDN.Y. Corporation W EIS \96787555\3\7321T0003 18-23538-rdd Doc 807 Filed 11/16/18 Entered 11/16/18 21:56:09 Main Document Pg6of6 ri -' - Schedule 2 A&E Factory Service Kman Holding Company Sears Grand Accents i7mr C\I _ — Kmart Holdings, Inc. Sears Grand # 167 3 American i 'o & Dn nc. �`-- _ Kman Lessee Operations, ILC Sears Holdings Management Corporation American Wilffiltrws & , Inc,_ - Kmart Management Corporation Sears Home Appliance Showrooms Appliance Liquidators—_ _. 0 Kmart Michigan Property Services, L.L.C. Sears Home Improvement Products (South), Inc. Austin Technology Center Kmart of Amsterdam, NY Distribution Center, Inc. Sears Home Services Bath and Kitchen Elegance Kmart of Pennsylvania LP Sears Home&Life Bath and Kitchen Elegance of the Desert Kman Pharmacies of Minnesota, Inc. Sears Holdings Promotions LLC Big Beaver of Caguas Development Corporation Kman Pharmacies, Inc. Sears Lessee Operations, LLC Big Beaver of Caguas Development Corporation 11 Kmart Properties, Inc. Sears Logistics Services Big Kmart Kmart Stores of Indiana, Inc. Sears Logistics Services, Inc. Big Kman (#3680) Kmart Stores of TNCP, Inc. Sears Merchandise Group Central Wholesale Appliance Supply, Inc. KMI, Inc. Sears Merchandise Group, Inc. Chanwll Marketing Koolvent Aluminum Products, Inc. Sears New York Insurance Agency Circle of Beauty Inc. Kresge - Kmart Limited Sears Oklahoma Insurance Agency Delver Little Caesars Sears Protection Company Inc. Delver.com Max Acquisition Delaware Inc. Sears Protection Company, Inc. Designer Depot McKids Sears Technology Services LLC Eblon Technologies India Private Limited McKids The Some Sears, Roebuck de Mexico, SA. de C.V. Evoke Productions McPhail's Appliances Sears. Wishhook, Inc. FitStudio by Sears MeaScale Technologies India Private Limited ServiceLive Direct Florida Builder Appliances, Inc. Monark SHMC, Inc. Garment Rack Monark Holdings Inc. Shop Your Way Local, LLC HDC Holding Company of Delaware, Inc. Monark of California shopyourway.com HO. Tampa Development Co. Monark Premium Appliance Co. Sourcing and Technical Services, Inc. HO. Tysons Office Investment Co. Monark Premium Appliance Co. of Arizona Standards of Excellence H.J. Inc. Monark Premium Appliance Co. of California Standards of Excellence Outlet Store JAF. Inc. MXSV, Inc. Super K KC Kelley Group NTB -National Tire and Battery Super Kmart Kenmore Direct NTB-National Tim &Battery SUPER KMART CENTER Kids Stockroom PING, Inc. Super Kmart Center Kmart Prairie Buck 1. Inc. Texas Bluelight.com Inc. Kmart Acquisition Corp. Prairie Buck It, Inc. The Annexx Restaurant Kman Apparel Corp. Private Brands, Ltd. The Great Indoors Kman Apparel Fashions Corp. Relay LLC Tire Property Holding, Inc. Kman Apparel Leasing Corp. San Diego Appliance Sales Tri -Valley Crossings Kmart Apparel Service of Atlanta Corp. Sears Troy CMBS Property, L.L.C. Kmart Apparel Service of Des Plaines Corp. Sears #1284 Westar Kitchen & Bath LLC Kmart Apparel Service of Sunnyvale Corp. Sears Acquisition Corp. Westar Kitchen and Bath Kmart Corporation Sears Auto Center Westar Kitchen and Bath, LLC Kman Enterprises, Inc. Sears Auto Center #6582 Western Bluelight.com LLC Kmart Far East Limited Sears Auto Centers WestStar Kitchen and Bath Kmart Financing I Sears Carpet and Upholstery Care, Inc. WestStar Kitchen and Bath LLC Kmart Global Sourcing Ltd. Sears Essentials W EIL.\967875554T73217.8083 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HANDS JEWELERS, INC. and NUSSOYD ) BUILDING COMPANY, L.L.P., ) Plaintiffs, ) V. 1 THE CITY OF IOWA CITY, ) Defendant. ) No. CVCV080147 ACCEPTANCE OF SERVICE I, Kellie Fruehling, City Clerk for the City of Iowa City, hereby acknowledge receipt and accept service of the Original Notices and Petition at Law and Jury Demand on behalf of Defendant, The City of Iowa City. This acknowledgement is taking place in Iowa City, Iowa on the 5+4' day of November, 2018. AR KeIli6 Fruehhi g, City C c for the City of Iowa City The City of Iowa City 410 East Washington Street Iowa City, IA 52240 Email: kellie-fruehline(¢iowa-citv.org N i_l CJ `~ �G• CA - cn r" I -ink - �r�52 M a m J 102527285.Docxl N Copy to: Paul D. Burns Email: pbums@bradleyriley.com Joseph W. Younker Email: jyounker@bradleyriley.com Matthew G. Bamd Email: mbamd@bradleyriley.com BRADLEY & RILEY PC ATTORNEYS FOR THE PLAINTIFFS CERTIFICATE OF SERVICE The undersigned hereby certifies that a hue copy of this document was served upon the persons listed on this document at the addresses indicated by EDMS electronic notification or by enclosing the same in an envelope with postage fully paid and by depositing said envelope in a United States Post Office depository this _ day of November, 2018. 1 declare under penalty of perjury that the foregoing is true and correct. 102527285.130CX) N m^ L) > -v C 47" tV 102527285.130CX) E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HANDS JEWELERS, INC. and NUSSOYD ) BUILDING COMPANY, L.L.P., ) No. Plaintiffs, ) ORIGINAL NOTICE V. ) CITY OF IOWA CITY, IOWA, ) Defendant. You are notified a Petition was filed on August 9, 2018, in the office of the clerk of the above court. A copy of the Petition is attached. The Plaintiffs' attorneys are Paul D. Bums, Joseph W. Younker and Matthew G. Barnd of Bradley & Riley PC, Tower Place, One South Gilbert Street, Iowa City, Iowa 52240; telephone number 319.466-1511, with a facsimile transmission number 319-358-5560. 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. You are notified that this case has been filed in a county that utilizes electronic filing. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on electronic filing. You are also directed to the rules in 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, contact the disability coordinator at: 319-398-3920 ext. 1105. 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. Io 4"9.00cx) N Gd O ca O - o N E -FILED 2018 AUG 10 4:13 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Comma CVCV080147 c«mn Johnson caaa m HANDS JEWELERS, INC. 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 appesrenm, 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 webafte at htto:/nwvw.iowacourls.state.ia.us/Efile and obtain a"In and password for the purposes of filing and viewing documents on your case and of raeeMrg service and ndioes ham the courL FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 19 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: hso.1twww.iowacourtsstate.w.us/Ell FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 18: hfh.:lt�.iowawurts.state.ie.us/ELIe ScfadWed Hearin: If you require the assistance or sudllary aids or services b participate in court because of a disability, Immediately call your distrlul ADA coordinator at (319) 3993939 .(if you am hearing Impaired, mil Relay Iowa TTY at 14W73S•A^M.) DereeNaa 08/10/2018 04:13:38 PM District car* of Johnson /s/ Wanda Sedivec N CA County C7 ;x O yX Iv E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HANDS JEWELERS, INC. and NUSSOYD BUILDING COMPANY, L.L.P., Plaintiffs, V. THE CITY OF IOWA CITY, Defendant. Im PETITION AT LAW AND JURY DEMAND Hands Jewelers, Inc. ("Hands") and Nussoyd Building Company, L.L.P. ("Nussoyd") (collectively, "Plaintiffs") for their Petition at Law ("Petition") against Defendant The City of Iowa City (the "City" or "Defendant") state as follows: Nature of the Action; Pardee; Venae 1. Hands is an Iowa corporation with its principal place of business in Iowa City, Johnson County, Iowa. 2. Hands operates a retail jewelry store and related businesses in Iowa City. The jewelry store has been in operation since 1854. 3. Nussoyd is an Iowa limited liability partnership with its principal place of business in Iowa City, Johnson County, Iowa. 4. Nussoyd is the owner of a building located at 109 East Washington Street, Iowa N City, Iowa, and legally described on Exhibit A to this Petition (the "Property"). - d 5. At all times relevant to this lawsuit Hands has operated the jewelry score a' _ related businesses at the Property. 71) _m a J T Q N (02482627D0CX) E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT 6. The City is a municipal corporation organized under the laws of the State of Iowa and situated in Johnson County, Iowa. 7. The City installed a water main underneath East Washington Street in Iowa City. 8. At all times relevant to this lawsuit, the water main was owned, operated, and maintained exclusively by the City. 9. On August 9, 2013, the water main broke below the 100 block of Fast Washington Street. 10. Specifically, the water main broke directly in front of the Property. Water entered the basement of the Property with such force that it blew out sections of drywall and studs in the basement wall. 11. At the time of the water main break, the Property's basement housed many important functions for the jewelry store and related businesses, including, but not limited to, watchmaking and repair, jewelry repair and manufacturing, and business offices. Additionally, the sub -basement housed the Property's elevator motor and controls; and the basement housed the air compressor, various other pieces of equipment, and inventory. 12. As a result of the water main break, Plaintiffs suffered significant damages. These damages include, but are not limited to, costs associated with making structural repairs to the Property; costs associated with repairing or replacing the Property's mechanical systems including components of the elevator, HVAC, and water heating systems; costs associated with repairing or replacing equipment used in Hands' jewelry and related businesses; costs asciated with repairing or replacing damaged inventory; and costs associated with business.lffietruption; c� < among others. cn ,_.{ c-� G�,I a M CP �J {01AE2627 DOcxl 2 'N) N E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT 13. The City has refused to adequately compensate Plaintiffs for their damages caused by the water main break. 14. Jurisdiction and venue are proper in this Court, as the Property is located in Johnson County, Iowa; the City is situated in Johnson County, Iowa; and the events giving rise to Plaintiffs' claims occurred in Johnson County, Iowa. (See Iowa Code §§ 6162 616.18.) Count I: Strict Liability 15. Plaintiffs restate each of the foregoing paragraphs as if restated in this paragraph. 16. The water main was at all times owned, operated, and maintained exclusively by the City. 17. The water main was buried underground and made virtually inaccessible for the City's convenience. 18. The City was aware that the water main would eventually break. 19. Under these circumstances, the water main was "inherently dangerous and likely to damage the neighbor's property." Lubin v. Iowa City, 257 Iowa 383, 391, 131 N. W.2d 765, 770 (1964). 20. The water main broke. 21. The water main breaking caused damage to Plaintiffs, including, but not limited to, damage to the Property, damage to Plaintiffs' personal property, and damage to Hands' business operations, among other damages. 22. The City has refused to adequately compensate Plaintiffs for the damages caused N d by the breaking of the City's water main. o _m C (02M627.DOCX) E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT WHEREFORE, Plaintiffs, Hands Jewelers, Inc. and Nussoyd Building Company, L.L.P, respectfully request judgment against Defendant, The City of Iowa City, and in favor of Plaintiffs for the full, fair, and reasonable amount of Plaintiffs' damages, together with costs and interest, and all other and further relief the Court deems just and equitable. Count II: Negligence (In The Alternative) 23. Plaintiffs restate each of the foregoing paragraphs as if restated in this paragraph. 24. The City owed a duty to Plaintiffs at all times relevant to the Petition to maintain its water main. 25. The City breached that duty by failing to maintain the water main. 26. As a result of the City's breach, the water main broke. 27. The water main break caused damage to Plaintiffs. WHEREFORE, Plaintiffs, Hands Jewelers, Inc. and Nussoyd Building Company, L.L.P, respectfully request judgment against Defendant, The City of Iowa City and in favor of Plaintiffs for the full, fair, and reasonable amount of Plaintiffs' damages, together with costs and interest, and all other and further relief the Court deems just and equitable. Count III: Unconstitutional Taking 28. Plaintiffs restate each of the foregoing paragraphs as if restated in this paragraph. 29. The City is subject to the requirements of the Constitution of the State of Iowa. 30. The Property was physically invaded when the water main broke. 31. The invasion was such that the sub -basement, basement, and other areas of the Property were effectively destroyed and useless for a significant period of time. h O I -C ..� n- I C r �rM rn a (02482627.uocul 4,rn = 0 0 r N E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT 27. Plaintiffs have been forced to expend a significant amount of money to remedy the damage caused by the City's physical invasion of their property. 28. The government's placing and operation of the water main constitutes government action and is for a public purpose. 29. The City has not compensated Plaintiffs for the physical invasion of their property nor the damage caused thereby. WII BEFORE, Plaintiffs, Hands Jewelers, Inc. and Nussoyd Building Company, L.L.P, respectfully request judgment against Defendant, The City of Iowa City and in favor of Plaintiffs for the full, fair, and reasonable amount of Plaintiffs' damages, together with costs and interest, and all other and further relief the Court deems just and equitable. Demand for Jury Trial Plaintiffs, Hands Jewelers, Inc. and Nussoyd Building Company, L.L.P, hereby demand a jury trial on all matters triable by jury. (02482627.DOCX) N W Q � (7': � �n cn �r rn a m -� 'o ,r:. N E -FILED 2018 AUG 09 4:00 PM JOHNSON - CLERK OF DISTRICT COURT /sl Jkmh W. Younker PAUL D. BURNS (#AT0001265) Direct Dial: (319) 358-5561 Email: pbums@bradleyriley.com JOSEPH W. YOUNKER (#AT0008668) Direct Dial: (319) 358-5569 Email: jyounker@bradleyriley.com MATTHEW G. BARND (#AT0013360) Direct Dial: (319) 861-8739 Email: mbamd@bradleyriley.com of BRADLEY & RILEY PC Tower Place One South Gilbert Iowa City, IA 52240-3914 Phone: (319) 466-1511 Fax: (319) 358-5560 ATTORNEYS FOR THE PLAINTIFFS N r ®rn w END OF CASE FILE P* E -FILED 2018 OCT 25 8:50 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY ) CREDIT UNION ) Plaintiff, ) VS. ) TAMMARA JO BAKER f/k/a TAMMARA ) JO MEESTER, JON DAVID MEESTER, ) R3M LLC, PAMELA JEAN TIEDT, ) DANIEL LEE TIEDT, CITY OF IOWA ) CITY, IOWA, THE BREESE CO., INC., ) STATE OF IOWA ON BEHALF OF THE ) IOWA DEPARTMENT OF REVENUE, ) BEBT PC d/b/a EMERGENCY ) VETERINARY SERVICE, DAMON ) CHASE SHUTT, PRO PLATINUM ) TRANSPORTATION LLC, CITY OF ) CORALVILLE, IOWA, STATE OF IOWA,) UNITED STATES OF AMERICA ON ) BEHALF OF THE INTERNAL REVENUE ) SERVICE & PARTIES IN POSSESSION, ) Defendants. ) No. EQCV080152 MOTION FOR ORDER DIRECTING CLERK TO ENTER DEFAULT OF DEFENDANTS JON DAVID MEESTER, 113M LLC, PAMELA JEAN TIEDT, DANIEL LEE TIEDT, CITY OF IOWA CITY, IOWA, THE BREESE CO., INC, BEBT PC d/b/a EMERGENCY VETERINARY SERVICE, DAMON CHASE SHUTT, CITY OF CORALVILLE, IOWA, & STATE OF IOWA N O m 0 N COMES NOW the Plaintiff, through its undersigned counsel, and respectfully moves for entry of default on the record against Defendants Jon David Meester, R3M LLC, Pamela Jean Tiedt, Daniel Lee Tiedt, City of Iowa City, Iowa, The Breese Co., Inc, Bebt PC d/b/a Emergency Veterinary Service, Damon Chase Shutt, City of Coralville, Iowa, and State of Iowa (the "Non -Responsive Defendants") as follows: 1. Defendant Jon David Meester was served with an Original Notice and Petition on August 17, 2018, and proof of service is on file with this Court. 2. Defendant R3M LLC was served with an Original Notice and Petition on August 15, 2018 and proof of service is on file with this Court. 3. Defendant Pamela Jean Tiedt was served with an Original Notice and Petition on August 19, 2018 and proof of service is on file with this Court. CL- (00258451) R tJ - AmJbrzr� CA r -A - i- �5�-" C=) -C w o -'r rn __ — 0 N COMES NOW the Plaintiff, through its undersigned counsel, and respectfully moves for entry of default on the record against Defendants Jon David Meester, R3M LLC, Pamela Jean Tiedt, Daniel Lee Tiedt, City of Iowa City, Iowa, The Breese Co., Inc, Bebt PC d/b/a Emergency Veterinary Service, Damon Chase Shutt, City of Coralville, Iowa, and State of Iowa (the "Non -Responsive Defendants") as follows: 1. Defendant Jon David Meester was served with an Original Notice and Petition on August 17, 2018, and proof of service is on file with this Court. 2. Defendant R3M LLC was served with an Original Notice and Petition on August 15, 2018 and proof of service is on file with this Court. 3. Defendant Pamela Jean Tiedt was served with an Original Notice and Petition on August 19, 2018 and proof of service is on file with this Court. CL- (00258451) R tJ - AmJbrzr� CA r -A - i- �5�-" .1k E -FILED 2018 OCT 25 8:50 AM JOHNSON - CLERK OF DISTRICT COURT ' 4. Defendant Daniel Lee Tiedt was served with an Original Notice and Petition on September 4, 2018 and proof of service is on file with this Court. 5. Defendant City of Iowa City, Iowa was served with an Original Notice and Petition on August 17, 2018 and proof of service is on file with this Court. 6. Defendant The Breese Co., Inc was served with an Original Notice and Petition on August 20, 2018 and proof of service is on file with this Court. 7. Defendant Bebt PC d/b/a Emergency Veterinary Services was served with an Original Notice and Petition on August 17, 2018 and proof of service is on file with this Court. 8. Defendant Damon Chase Shutt was served with an Original Notice and Petition on August 20, 2018 and proof of service is on file with this Court. 9. Defendant City of Coralville, Iowa was served with an Original Notice and Petition on August 17, 2018 and proof of service is on file with this Court. 10. Defendant State of Iowa was served with an Original Notice and Petition on August 15, 2018 and proof of service is on file with this Court. 11. The Non -Responsive Defendants have failed to file an answer or otherwise defend in any manner. No appearance has been filed on behalf of any Non -Responsive Defendant by any attorney. The Non -Responsive Defendants are in Default. 12. Written notice of the intention to file this written application for default was given to all Non -Responsive Defendants after the default occurred and at least 10 days prior to the t%ng this Motion for Default. Copies of the notices were filed with Court on September [] CP 2g and September 25, 2018. .x w . JWHFc»EF`.*E, the Plaintiff makes this Motion Directing Clerk to Docket Default on record M agaigit Defend nti Son David Meester, R3M LLC, Pamela Jean Tiedt, Daniel Lee Tiedt, City of Iowa m City, Iowa, fM Breese Co., Inc, Bebt PC d/b/a Emergency Veterinary Service, Damon Chase Shutt, — -City of Coralville, Iowa, and State of Iowa. (00258451) J E -FILED 2018 OCT 25 8:50 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: rprahm Owpuglihagan.com ATTORNEYS FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION Jon David Meester 5014 Ingersoll Ave Apt. 203 Des Moines, IA 50312 R3M LLC Henry G. Neuman 1900 East 54th St Davenport, IA 52807 Pamela Jean Tiedt 526 Woodridge Ave Iowa City, IA 52245 Daniel Lee Tiedt 920 Maple St North Liberty, IA 52317 City of Iowa City, Iowa c/o Kellie K. Fruehling 410 E Washington St Iowa City, IA 52240 The Breese Co., Inc. c/o Thomas R Breese 611 Southgate Ave Iowa City, IA 52244 (00258451) m 0 CERTIFICATE OF SERVICE EDMS: The undersigned certifies that a true copy of this Tammara Jo Baker foregoing instrument was served upon all parties to the David Faith II — IR S S above cause to each of the attorneys of record herein at their respective addresses disclosed on Laurie McCown — October 25. 2018 by: William Toomey — Pro Platinum Transportation LLC ■U.S. Mail 13CM/ECF D Nand Delivered DCertified Mail NEDMS 13 E -Mail US MAIL: Signature: /s/ Sara McElfresh Jon David Meester 5014 Ingersoll Ave Apt. 203 Des Moines, IA 50312 R3M LLC Henry G. Neuman 1900 East 54th St Davenport, IA 52807 Pamela Jean Tiedt 526 Woodridge Ave Iowa City, IA 52245 Daniel Lee Tiedt 920 Maple St North Liberty, IA 52317 City of Iowa City, Iowa c/o Kellie K. Fruehling 410 E Washington St Iowa City, IA 52240 The Breese Co., Inc. c/o Thomas R Breese 611 Southgate Ave Iowa City, IA 52244 (00258451) m 0 E -FILED 2018 OCT 25 8:50 AM JOHNSON - CLERK OF DISTRICT COURT ` BEBT PC d/b/a Emergency Veterinary Service Allan Berger 3030 Northgate Dr Ste. B Iowa City, IA 52245 Damon Chase Shutt 2891 Hwy I SW Iowa City, IA 52240 , City of Coralville, Iowa `_ p Kevin Olson - 1512 7th St – w Coralville, IA 52241 n -'m a State of Iowa a c/o Tom Miller Hoover State Office Building, Second Floor ro Des Moines, IA 50319 100258451} r, E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY ) CREDIT UNION ) Plaintiff, ) VS. ) TAMMARA JO BAKER f/k/a TAMMARA JO ) MEESTER, JON DAVID MEESTER, R3M ) LLC, PAMELA JEAN TIEDT, DANIEL LEE ) TIEDT, CITY OF IOWA CITY, IOWA, THE ) BREESE CO., INC., STATE OF IOWA ON ) BEHALF OF THE IOWA DEPARTMENT OF ) REVENUE, BEBT PC d/b/a EMERGENCY ) VETERINARY SERVICE, DAMON CHASE ) SHUTT, PRO PLATINUM ) TRANSPORTATION LLC, CITY OF ) CORALVILLE, IOWA, STATE OF IOWA, ) UNITED STATES OF AMERICA ON BEHALF) OF THE INTERNAL REVENUE SERVICE & ) PARTIES IN POSSESSION, ) Defendants. ) No. EQCV080152 MOTION FOR SUMMARY JUDGMENT (IN REM) AGAINST DEFENDANTS AND FOR ENTRY OF FORECLOSURE DECREE � m C-) o y� 0 cn COMES NOW the Plaintiff, University of Iowa Community Credit Union (the "Plaintiff' or "UICCU") through its undersigned counsel, and respectfully moves the Court for Summary Judgment, in rem only, against Defendants for entry of a Foreclosure Decree against Defendants Tammara Jo Baker f/k/a Tammara Jo Meester ("Tammara Baker"); Jon David Meester; R3M LLC; Pamela Jean Tiedt; Daniel Lee Tiedt; City of Iowa City, Iowa; The Breese Co., Inc; The State of Iowa on behalf of the Iowa Department of Revenue; Bebt PC d/b/a Emergency Veterinary Service; Damon Chase Shutt; Pro Platinum Transportation LLC; City of Coralville, Iowa; State of Iowa; and United States of America on behalf of the Internal Revenue Service. In support the Plaintiff states as follows: 1. The Plaintiffs Petition for Foreclosure was filed August 10, 2018 (the "Petition"). 2. Proper service of the Original Notice and the Petition were made on the Defendants as shown by the Returns of Service filed in this cause. (00258546) Fi t4 -Ambrose, E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 3. Defendant Tammara Baker appeared and answered. Tammara Baker has failed to present an issue of material fact that is in dispute. 4. The Defendants Pro Platinum Transportation, LLC; State of Iowa on behalf of the Iowa Department of Revenue; and the United States of America on behalf of the Internal Revenue Service have appeared and answered by and through counsel. The respective answers of each of the aforementioned do not present an issue of material fact in dispute. 5. The Defendants Jon David Meester; R3M LLC; Pamela Jean Tiedt; Daniel Lee Tiedt; City of Iowa City, Iowa; The Breese Co., hic; Bebt PC d/b/a Emergency Veterinary Service; Damon Chase Shutt; City of Coralville, Iowa; and State of Iowa have failed to serve or file an answer or otherwise defend in any manner. A default judgment was entered against the aforementioned Defendants on October 25, 2018. 6. Plaintiff has filed copies of the original note and mortgage with the court. 7. Accordingly, Plaintiff is entitled to an in rem judgment against the subject Real Property (as defined in the Petition), extinguishing all interest of the Defendants, and a special execution issued directed the Real Property be foreclosed. WHEREFORE, the Plaintiff prays that judgment in rem be entered of record against the subject Real Property extinguishing the interest of all Defendants except as herein stated as follows: A. That judgment in rem be entered again the Real Property in the sum of $73,092.33, which reflects the unpaid principal balance of $66,334.41 plus interest on the unpaid principal in the amount of $1,061.73 through October 25, 2018 (the rate of $5.4794 per day from October 26, 2018 through the date of Sheriffs sale), plus late fees in the amount of $75.75, plus abstracting charges in the amount of $120.00, plus court costs in the amount of $235.00, plus process service fees in the amount of $821.44, plus $4,444.00 in attorney fees, which should be assessed as court Ousts pursuant to Iowa Code Section 625.22 and/or 625.25 (2018) and for other costs hereafter —incpired by the Plaintiff; i ��:={oozsasau} E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT B. That the Court enter judgment declaring the Plaintiff's mortgage a valid first mortgage lien on the Real Property, prior to and superior to any claims, rights, title or interest of the Defendants and to foreclose the mortgage upon the Real Property subject only to the redemption rights of the United States of America on behalf of the Internal Revenue Service in the amount of 120 days; C. That the mortgage be foreclosed and that the Court direct that a special execution issue following entry of a decree docketing the in rem judgment directing the sale of the foreclosed Real Property, without redemption (except for the United States of America on behalf of the Internal Revenue Service), by the Johnson County Sheriff, or so much thereof as is necessary to satisfy the judgment entered herein with interest, costs, and all advancements made by the Plaintiff through the date of the Sheriffs sale, and that at the time of the Sheriff s sale, a Sheriff's Certificate shall issue to the purchaser of the Real Property and upon expiration of the redemption rights of United State of America acting for and on behalf of the Internal Revenue Service a Sheriffs Deed be issued to the holder of the Sheriffs Certificate 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 should the owner of the Sheriff s Deed be denied possession of the Real Property by the Defendant, after obtaining a Sheriffs Deed, then a writ issue from the Clerk on the filing of a praecipe and request forthe issuance the writ c� directing the Johnson County Sheriff to put the holder of the Sheriffs Deed in possessffip of dfl Real Property; ! �- E. That the court recite in the Decree of Foreclosure that no third penops rp�& obt an interest in and to the Real Property after this action has been indexed by the Clerlgf Court c -n 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 Property including the retention of jurisdiction through the date of the Sheriff's sale if the mortgage {00258546} E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 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. Copy to: EDMS Tammara Jo Baker David Faith II — IRS Laurie McCown — IDOR William Toomey — Pro Platinum Transportation LLC US MAIL Jon David Meester 5014 Ingersoll Ave Apt. 203 Des Moines, IA 50312 R3M LLC Henry G. Neuman, Registered Agent 1900 East 54th St Davenport,lA 52807 Pamela Jean Tiedt 526 Woodridge Ave Iowa City, IA 52245 Daniel Lee Tiedt 920 Maple St North Liberty, IA 52317 City of Iowa City, Iowa c/o Kellie K. Fruehling 410 E Washington St Iowa City, IA 52240 {00258546} CERTIFICATE OF SERVICE The undersigned certifies that the a true copy of this 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 October 31, 2018 by: X U.S. Mail CICM/ECF Ll Hand Delivered Cl Certified Mail X EDMS CIE -Mail Signature:/s/Sara McElfresh Lr-' Respectfully Submitted, 0 = /s/ Ryan J. Prahm o� i J RyanJ. Prehm AT0010114 Pugh Hagan Prahm PLC I 425 E. Oakdale Blvd, Suite 201 — Coralville, L4,52241 °= Phone: (319) 351-2028 Fax: (319) 351-1102 Email: rprahm(2puehha¢an.com ATTORNEYS FOR PLAINTIFF Copy to: EDMS Tammara Jo Baker David Faith II — IRS Laurie McCown — IDOR William Toomey — Pro Platinum Transportation LLC US MAIL Jon David Meester 5014 Ingersoll Ave Apt. 203 Des Moines, IA 50312 R3M LLC Henry G. Neuman, Registered Agent 1900 East 54th St Davenport,lA 52807 Pamela Jean Tiedt 526 Woodridge Ave Iowa City, IA 52245 Daniel Lee Tiedt 920 Maple St North Liberty, IA 52317 City of Iowa City, Iowa c/o Kellie K. Fruehling 410 E Washington St Iowa City, IA 52240 {00258546} CERTIFICATE OF SERVICE The undersigned certifies that the a true copy of this 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 October 31, 2018 by: X U.S. Mail CICM/ECF Ll Hand Delivered Cl Certified Mail X EDMS CIE -Mail Signature:/s/Sara McElfresh E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT The Breese Co., Inc. c/o Thomas R. Breese, Registered Agent 611 Southgate Ave Iowa City, IA 52244 BEBT PC d/b/a Emergency Veterinary Service Allan Berger, Registered Agent 3030 Northgate Dr Ste. B Iowa City, IA 52245 Damon Chase Shutt 2891 Hwy 1 SW Iowa City, IA 52240 City of Coralville, Iowa Kevin Olson 1512 7th St Coralville, IA 52241 State of Iowa c/o Tom Miller Hoover State Office Building, Second Floor Des Moines, IA 50319 (002585461 N ES3 •tom^ 0 CA (002585461 w E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY ) CREDIT UNION ) Plaintiff, ) VS. ) TAMMARA JO BAKER f/k/a TAMMARA JO ) MEESTER, JON DAVID MEESTER, R3M ) LLC, PAMELA JEAN TIEDT, DANIEL LEE ) TIEDT, CITY OF IOWA CITY, IOWA, THE ) BREESE CO., INC., STATE OF IOWA ON ) BEHALF OF THE IOWA DEPARTMENT OF ) REVENUE, BEBT PC d/b/a EMERGENCY ) VETERINARY SERVICE, DAMON CHASE ) SHUTT, PRO PLATINUM ) TRANSPORTATION LLC, CITY OF ) CORALVILLE, IOWA, STATE OF IOWA, ) UNITED STATES OF AMERICA ON BEHALF) OF THE INTERNAL REVENUE SERVICE & ) PARTIES IN POSSESSION, ) Defendants. ) No. EQCV080152 STATEMENT OF UNDISPUTED FACTS AND MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COMES NOW the Plaintiff, University of Iowa Community Credit Union (the "Plaintiff' or "UICCU") 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.................................................................................................I Arguments and Authorities......................................................................................................4 I. Background...................................................................................................4 II. Standards for Summary Judgment.........................................................................5 Conclusion........................................................................................................................ 5 STATEMENT OF UNDISPUTED FACTS Plaintiff is an Iowa credit union with offices in Iowa, engaged in mortgage lending in Johnson County, Iowa. {00258544{ C' '.1 CA-T-nOf r&y--) 1Finl -AvttibrVSQ.. CA-N1,,C(nriS4cj N o m r" r7i -V * -j C) vi COMES NOW the Plaintiff, University of Iowa Community Credit Union (the "Plaintiff' or "UICCU") 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.................................................................................................I Arguments and Authorities......................................................................................................4 I. Background...................................................................................................4 II. Standards for Summary Judgment.........................................................................5 Conclusion........................................................................................................................ 5 STATEMENT OF UNDISPUTED FACTS Plaintiff is an Iowa credit union with offices in Iowa, engaged in mortgage lending in Johnson County, Iowa. {00258544{ C' '.1 CA-T-nOf r&y--) 1Finl -AvttibrVSQ.. CA-N1,,C(nriS4cj E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 2. Defendant Tammara Jo Baker f/k/a Tammara Jo Meester ("Tammara Baker") has at all times material hereto had her residence in Johnson County, Iowa. 3. Defendants Jon David Meester; R3M LLC; Pamela Jean Tiedt; Daniel Lee Tiedt; City of Iowa City, Iowa; The Breese Co., Inc; Bebt PC d/b/a Emergency Veterinary Service; Damon Chase Shutt; City of Coralville, Iowa; and State of Iowa have failed to answer the Petition and default judgment was entered on October 25, 2018. 4. On August 28, 2018, Defendant Pro Platinum Transportation, LLC appeared and answered by and through its attorney William Toomey. Defendant Pro Platinum Transportation, LLC does not resist the relief sought in the Petition. 5. On September 11, 2018, Defendant State of Iowa on behalf of the Iowa Department of Revenue appeared and answered through Assistant Attorney General Laurie McCown. Defendant State of Iowa on behalf of the Iowa Department of Revenue recognizes the priority of Plaintiff's lien and does not object or consent to a decree being entered. 6. On October 15, 2018, Defendant United States of America on behalf of the Internal Revenue Service appeared and answered by and through Assistant United States Attorney David L.D. Faith H. Defendant United States of America on behalf of the Internal Revenue Service has made a general denial of the allegations in the Petition for lack of information and has indicated it will not take part in this action unless surplus sale proceeds exist. Defendant United States of America on behalf of the Internal Revenue Service requests the Court recognize its statutory redemption period, but has not otherwise disputed the allegations. 7. On October 17, 2018, Defendant Tammara Baker appeared and filed an answer pro -se. 8. The allegations of Tammara Baker contained in her answer are not supported by any evidence in the record. 9. On June 22, 2000, Defendants Tammara Baker and Jon Meester executed a certain promissory note to U1gU. Said promissory note secured a loan in an original amount of $77,400.00 (the "Promissory I') a cozily ich is attached to the Petition as Exhibit "A". The payoff on the Promissory Note as of L„a, a. c_s r g. (0& %5441 = r—' 0wo- 2 N E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT October 25, 2018, is $67,756.27. Interest accrues on the unpaid principal balance from and after October 26, 2018, at the rate of 7.5% per annum. Per diem accrual is in the amount of $5.4794. 10. To secure the Promissory Note, Defendants Tammara Baker and Jon David Meester executed and delivered a mortgage securing credit up to $77,400.00 to UICCU on June 22, 2000 (the "Mortgage"). The Mortgage secures the real property legally described as: LOT 6, BLOCK 1, SUNNYSIDE ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1, PAGE 136, PLAT RECORDS OF JOHNSON COUNTY IOWA. and locally known as 924 Friendly Avenue, Iowa City, Iowa 52240 (the "Real Property"). The Mortgage is attached to the Petition as Exhibit "B." 11. Defendant Jon David Wester is joined as a party to this action because he may claim some right, title or interest in the Real Property which is subject to this action, including, but not limited to, by virtue of the Mortgage recorded June 26, 2000, in Book 2978, Page 26 of the Johnson County Recorder's Office, Johnson County, Iowa. 12. The Real Property is vacant as evidenced by the Affidavit of Service on Parties in Possession and is not the homestead of any party. 13. On February 6, 2018, UICCU gave Defendant Tammara Baker a Fifteen -Day Cure Notice, a copy of which is attached as Exhibit "C" to the Petition. 14. On lune 22, 2018, UICCU gave Defendant Tammara Baker a Fourteen -Day Notice of Acceleration, a copy of which is attached as Exhibit "D" to the Petition. 15. On July 9, 2018, UICCU gave Defendant Jon David Meester a Fifteen -Day Notice to Cure, a copy of which is attached as Exhibit "E" to the Petition. 16. On July 25, 2018, UICCU gave Defendant Jon David Meester a Fourteen-DEWNotice of Acceleration, a copy of which is attached as Exhibit "F" to the Petition. ? o ` j 17. The Plaintiff is the owner and holder of the Promissory Note and the Me geJcunrFMe r rn same. 07 x 0 {002585441 3 rn E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 18. The Promissory Note provides for collection of the Plaintiffs attorney fees and collection of costs expended in collecting amounts due on the Promissory Note and in foreclosing the Mortgage. The Plaintiffs attorney fees are in the amount of $4,444.00, and late fees of $75.75. 19. The Plaintiff has expended the sum of $120.00 in title fees, $235.00 in court costs, and $821.44 in process service fees and expenses. 20. The interests or rights of all Defendants named in this action in and to the Real Property 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. 21. An original Iowa Mortgage Mediation Notice was attached to the Petition. 22. Plaintiff requests in rem judgment against the Defendants and Real Property and seeks foreclosure of the Real Property. 23. The Real Property is residential property. No party has sought any homestead protections or delays in sale. The Real Property is not agricultural in nature. ARGUMENTS AND AUTHORITIES I. Background In this case, it is clear that there is no genuine dispute that the payments have not been made as alleged, the Promissory Note has been accelerated under the terms of the Promissory Note, that the amounts alleged due are correct, and that UICCU is entitled to summary judgment. Hence, UICCU is entitled as a matter of law to have its Motion sustained. The best evidence of the facts concerning the transaction and occurrence which is the subject matter of the present action are the Promissory Note and Mortgage, copies of which are attached to the Petition as Exhibits A and B inclusive and the originals have been filed with the Court. No genuine issue of material fact exists concerning Defendants Tammara Baker and Jon David Meester r— default of thR obligations under the Promissory Note and Mortgage held by UICCU and the liability arising fro Mch dLault�i cant to the terms of the Promissory Note and Mortgage detailed in the Petition. UICCU, LL ., 7 o y - C F- F r �� < LL. z U 10025a5") 0 4 N E -FILED 2018 OCT 312:24 PM JOHNSON - CLERK OF DISTRICT COURT therefore, respectfully prays for summary judgment in rem against all Defendants and the Real Property as prayed for in the Petition; and for such further and equitable relief as is deemed just by the Court. 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 there are no genuine issues of material fact. Matherly 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 the m events." Sticks, Inc. v. Hefner, 829 N.W.2d 191 (Iowa Ct. App. 2013) (citing Rowedder v.Arikrs 814 1 N.W. 2d 585m 594 (Iowa 2012)).] CONCLUSION v WHEREFORE, based upon the above and foregoing undisputed facts, arguments anddegal J authorities cited Plaintiff requests the Court grant the relief requested herein by the Plaintiff including the following specific relief, to wit: 10025&5441 E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT 1. The Court enter Judgment in rem against the mortgaged real estate in the sum of $73,092.33, which includes interest on the principal sum of $66,334.41 as follows: $1,061.73 through October 25, 2018, and thereafter accruing at the daily rate of $5.4794. Said amount also includes title fees in the amount of $120.00, court costs of $235.00, late fees of $75.75, process service fees in the amount of $821.44, and reasonable attorney fees in the amount of $4,444.00, which should be assessed as court costs pursuant to §625.22 and/or §625.25, Iowa Code (2018) and for other costs hereafter incurred. 2. That the Court enter Judgment declaring Plaintiffs 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 on behalf of the Internal Revenue Service, in the amount of 120 days. The Court direct that upon request a special execution issue following entry of Judgment and redemption and the docketing of the in rem Judgment by the Clerk of Court directing the sale of the foreclosed real estate, with redemption as provided herein, 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, service fees, and protective advancements by the Plaintiff and that at the time of Sheriffs Sale, a Sheriffs Certificate issue to the purchaser of the mortgaged real estate, subject to the redemption rights provided above. The redemption rights to the real estate of the United States of America, acting for and on behalf of the Internal Revenue Service, expire 120 days following the issuance of the Sheriffs Certificate. At which point, if the United States of America, actor for and on behalf of the Internal Revenue Service has not redeemed the real estate, the holder of the Sheriff's Certificate shall be entitled to a Sheriffs Deed. 4. That the Court reserve jurisdiction that should the owner of the Sheriffs Deed following the expiration of the redemption time period, 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 Sheriffs 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 (2018). 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, *rising in the future relative to this foreclosure proceeding and reservation through the Reclosure proceeding. UJ LL (002585441 J. Prahm Ryan J. Prahm AT0010114 Pugh Hagan Prahm PLC O 425 E. Oakdale Blvd Suite 201 Coralville, IA 52241 Phone: (319) 351-2028 Respectfully Submitted, -J CJF- /s/ Ryan tL, <F ® J. Prahm Ryan J. Prahm AT0010114 Pugh Hagan Prahm PLC O 425 E. Oakdale Blvd Suite 201 Coralville, IA 52241 Phone: (319) 351-2028 Copy to: E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT Fax: (319) 351-1102 Email:rip ahm(r),pughhaean.cum ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE EDMS The undersigned certifies that the a true copy of Tammara Jo Baker this foregoing instrument was served upon all David Faith II — IRS parties to the above cause to each of the parties of Laurie McCown — IDOR record herein at their respective addresses William Toomey — Pro Platinum Transportation disclosed on LLC October 31, 2018 by: US MAIL Jon David Meester 5014 Ingersoll Ave Apt. 203 Des Moines, IA 50312 R3M LLC Henry G. Neuman, Registered Agent 1900 East 54th St Davenport, IA 52807 Pamela Jean Tiedt 526 Woodridge Ave Iowa City, IA 52245 Daniel Lee Tiedt 920 Maple St North Liberty, IA 52317 City of Iowa City, Iowa c/o Kellie K. Fruehling 410 E Washington St Iowa City, IA 52240 The Breese Co., Inc. c/o Thomas R. Breese, Registered Agent 611 Southgate Ave Iowa City, IA 52244 BEBT PC d/b/a Emergency Veterinary Service Allan Berger, Registered Agent 3030 Northgate Dr Ste. B Iowa City, IA 52245 1002585441 % X U.S. Mail 1lCM/ECF 13 Hand Delivered D Certified Mail X EDMS DE -Mail Signature: /s/ Sara McElfresh -v z 0 J E -FILED 2018 OCT 31 2:24 PM JOHNSON - CLERK OF DISTRICT COURT Damon Chase Shutt 2891 Hwy 1 SW Iowa City, IA 52240 City of Coralville, Iowa Kevin Olson 1512 7th St Coralville, IA 52241 State of Iowa c/o Tom Miller Hoover State Office Building, Second Floor Des Moines, IA 50319 1.1 r- 0 �o LL! J� U ♦— LLU �- ® O N 1.1 E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY ) CREDIT UNION ) Plaintiff, ) VS. ) TAMMARA JO BAKER VWa TAMMARA JO) MEESTER, JON DAVID MEESTER, R3M ) LLC, PAMELA JEAN TIEDT, DANIEL LEE ) TIEDT, CITY OF IOWA CITY, IOWA, THE ) BREESE CO., INC., STATE OF IOWA ON ) BEHALF OF THE IOWA DEPARTMENT OF) REVENUE, CITIBANK, N.A., BEBT PC ) d/b/a EMERGENCY VETERINARY ) SERVICE, DAMON CHASE SHUTT, PRO ) PLATINUM TRANSPORTATION LLC, ) CITY OF CORALVILLE, IOWA, STATE OF ) IOWA, UNITED STATES OF AMERICA ON ) BEHALF OF THE INTERNAL REVENUE ) SERVICE & PARTIES IN POSSESSION, ) Defendants. ) No. EQCV ff l 5_Z PETITION FOR FORECLOSURE 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 (002473991 CL �, /� i •. 0.h�� Mj�r cv e. \ N 0 CD m r a —im .`m a 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 (002473991 CL �, /� i •. 0.h�� Mj�r cv e. \ E -FILED 2018 AUG 10 4.27 PM JOHNSON - CLERK OF DISTRICT COURT 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 University of Iowa Community Credit Union ("UICCU") by its undersigned attorney, Ryan J. Prahm of Pugh Hagan Prahm PLC, and hereby files its Petition for Foreclosure, and states the following cause of action against Defendants: Plaintiff University of Iowa Community Credit Union is a credit union lawfully doing business in the state of Iowa. 2. Defendant Tammara Jo Baker VVa Tammara Jo Meester ("Tammara Baker") resides in Johnson County, Iowa. 3. Defendant Jon David Meester ("Jon Meester") is a party to the Promissory Note and Mortgage (each as defined below) and enjoys an interest in and to the Real Property (as defined below). 4. On June 22, 2000, Defendants Tammara Baker and Jon Meester executed a certain promissory note to UICCU in an original amount of $77,400.00 (the "Promissory Note"). The Promissory Note is attached hereto as Exhibit "A' and by this reference made a part hereof. The payoff on the Promissory Note as of July 20, 2018, is $67,060.39. Interest accrues on the unpaid ,pcjpcip3j)alancre from and after June 21, 2018, at the rate of 7.5% per annum. Per diem accrual is r=_: Ahe alii'ou1 5.4794. LL F-Q m p o ' N 1002473481 2 E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT 5. To secure the Promissory Note, Defendants Tammara Baker and Jon Meester executed and delivered a Mortgage securing credit up to $77,400.00 to UICCU on June 22, 2000 (the "Mortgage"). The Mortgage secures the real property legally described as: LOT 6, BLOCK 1, SUNNYSIDE ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORING TO THE PLAT THEREOF RECORDED IN BOOK 1, PAGE 136, PLAT RECORDS OF JOHNSON COUNTY IOWA. and locally known as 924 Friendly Avenue, Iowa City, Iowa 52240 (the "Real Property'). 6. The Mortgage was filed for record in the office of the Recorder of Johnson County, Iowa, on June 26, 2000, in Book 2978, Page 26, of the records of that office. The Mortgage is a lien against the Real Property. A copy of the Mortgage is attached hereto as Exhibit `B", and by this reference made a part hereof. 7. The Mortgage provides that a receiver may be appointed. The Plaintiff requests that upon application, a receiver be appointed to take possession of the mortgaged Real Property and to protect the same during the pendency of this matter and that all rents and profits derived therefrom said Real Property be collected and applied by the receiver toward the cost of the receivership and the satisfaction of Plaintiffs judgment. 8. Defendants Tammara Baker and Jon Meester are in default of their obligations under the Promissory Note and the Mortgage. Specifically, Defendants Tammara Baker and Jon Meester have failed to make payments as required under the Promissory Note. 9. UICCU has elected, pursuant to the terms of Promissory Note an04ortgNO t to n�� a accelerate the time of payment of the Promissory Note and has therefore dec)thQntire� indebtedness immediately due and payable. o Z Q7 1 t IW2473481 3 E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT 10. On February 6, 2017, UICCU gave Defendant Tammara Baker a Fifteen -Day Notice to Cure the existing defaults on the Promissory Note and Mortgage. A copy of which is attached hereto as Exhibit "C". 11. On June 22, 2018, UICCU gave Defendant Tammara Baker a Fourteen -Day Notice of Acceleration, along with a, copy of which is attached hereto as Exhibit "D". 12. On July 9, 2018, UICCU gave Defendant Jon Meester a Fifteen -Day Notice to Cure the existing defaults on the Promissory Note and Mortgage. A copy of which is attached hereto as Exhibit "E". 13. On July 25, 2018, UICCU gave Defendant Jon Meester a 14 Day Notice of Acceleration, a copy of which is attached hereto as Exhibit "F". 14. An Iowa Mortgage Mediation Notice is attached hereto as Exhibit "G". 15. Defendant R3M LLC is joined as a party to this action because it may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered in its favor on February 19, 2009, in Johnson County District Court Case No. SCSC073363. The rights and interests of R3M LLC are junior to that of UICCU. 16. Defendants Pamela Jean Tiedt and Deaniel Lee Tiedt are joined as a party to this action because they may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered in their favor on March 12, 2009, in Johnson County District Court Case No. SCSC073592. The rights and interests of Pamela Jean Tiedt and Daniel Lee Tiedt are junior to that of UICCU. 17. Defendant City of Iowa City, Iowa is joined as a party to this action because it may Flaim s=e > t title or interest in the property which is subject to this action by virtue of the U = C= Wowillg ju�&nts in Johnson County District Courts: ...i r, c.) M (� —a —'j'bo 247348f v 4 N E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Judgment Date Case Number 03/23/2009 Case No. CISCO73594 11/04/2010 Case No. CISCO78258 03/23/2009 Case No. CISCO73594 05/17/2011 Case No. ICSMSMO81826 11/04/2011 Case No. CISCO8O529 12/01/2011 Case No. CISCO8O528 12/17/2012 Case No. CISCO82739 0 o� T> c G5 _ _ 4M 05/05/2020 1$1,411.74 �r rn a M� $267.00 6721 12/31/2007 01/25/2010 11/24/2020 $9,924.14 941 N 09/27/2010 The rights and interests of the City of Iowa City, Iowa, by virtue of the preceding judgments are junior to that of UICCU. 18. Defendant United States of America, acting for and on behalf of the Internal Revenue Service (the "IRS") is named as a Defendant based on the filing of federal tax liens. The IRS filed liens on the Real Property for the following tax obligations, to wit: (a) Federal tax lien (941 Taxes) filed in Johnson County, Iowa, on June 1, 2010, in Book 4596, Page 578, against the taxpayer Pet Central Station Inc., and Beyond Pet Care in the amount of $1,411.74. Tax Period Ending Date of Assessment I Last Day for Refiling Un aid Balance 12/31/2009 04/05/2010 05/05/2020 1$1,411.74 (b) Federal tax lien (941 Taxes) filed in Johnson County, Iowa, on September 17, 2010, in Book 4651, Page 620, against the taxpayer Pet Central Station Inc., and Beyond Pet Care in the amount of $1,819.03. Tax Period Ending Date of Assessment I Last Day for Refiling Un aid Balance 03/31/2010 06/14/2010 07/14/2020 $1,819.03 (c) Federal tax lien filed in Johnson County, Iowa, on March 11, 2011, in Book 4730, Page 483, against the taxpayer Pet Central Station Inc., and Beyond Pet Care in the amount of $12,610. Kind of Tax Tax Period Ending Date of Assessment Last Day for Refiling Unpaid Balance 1120 12/31/2009 11/22/2010 12/22/2020 $267.00 6721 12/31/2007 01/25/2010 11/24/2020 $9,924.14 941 06/30/2010 09/27/2010 10/27/2020 $2122.75 941 09/30/2010 01/03/2011 02/02/2021 $296.14 1002473481 5 E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT A copy of the federal tax liens are attached hereto as Exhibit "H." The federal tax liens are subordinate to Plaintiff's liens and, as such, the interest of the IRS is subject to extinguishment by foreclosure. Notwithstanding the foreclosure of the interest due the IRS, the IRS is entitled to certain federal statutory rights summarized as follows, to -wit: A. The Federal Tax Lien Act of 1966 (26 U.S.C. §6321, et seq.) will govern the determination of the priority of the federal tax liens in this case. B. Title 28 U.S.C. §2410(c) allows the United States of America 120 days or the period allowable under state law, whichever is longer, in which to redeem. C. Should the United States of America elect to redeem, Title 28 U.S.C. § 2410(d) provides that the United States of America shall pay interest at the rate of 6% per annum from the date of Sheriff's Sale. The Decree of Foreclosure will provide that the judgment accrue interest to the rate of 6% per annum, or less from and after the date of Sheriff's Sale through the redemption period for the IRS only. The Plaintiff will recognize the rights of the IRS in the foreclosure decree as the same are summarized above. 19. Defendant The Breese Co, Inc. is joined as a party to this action because it may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered September 30, 2010, in Johnson County District Court Case No. SCSC078141 and the confession of judgment filed December 1, 2010 in Case No. LNLNO09643. The rights and interests of the The Breese Co, Inc. are junior to that of UICCU. 20. Defendants State of Iowa and the Iowa Department of Revenue ("IDR") are named as a Dekc*dant based on the filing of state tax liens. The IDR filed liens on the Real Property for ®folg ja tk obligations, to wit: � • � Q J %- i (-] I— o ax Date Recorded Book and Pae Amount Due to s Tax 06/17/2011 4765/102 $20,944.02 Retail Siks Tax 08/17/2011 4792/268 $6 150.60 Withholding Tax 08/17/2011 4792/271 $2,025.00 100247348 6 E -FILED 2018 AUG 10 4 2 PM JOHNSON - CLERK OF DISTRICT COURT The rights and interests of the State of Iowa and IDR by virtue of the preceding liens are junior to that of UICCU. o F:3 m 21. Defendant CitiB �� a M ank, N.A. is joined as a party to this action becat m�claim n-< — some right, title or interest in the property which is subject to this action by virtue o pee ju3gl met entered March 22, 2012, in Johnson County District Court Case No. SCSC08017: rights ani interests of CitiBank, N.A. are junior to that of UICCU. 22. Defendant BEBT PC d/b/a Emergency Veterinary Service is joined as a party to this action because it may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered March 30, 2012, in Johnson County District Court Case No. LACV073952. The rights and interests of the BEBT PC d/b/a Emergency Veterinary Service are junior to that of UICCU. 23. Defendant Damon Chase Shutt is joined as a party to this action because he may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered June 24, 2015, in Johnson County District Court Case No. SCSCO87442. The rights and interests of Damon Chase Shutt are junior to that of UICCU. 24. Defendant Pro Platinum Transportation LLC is joined as a party to this action because it may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered March 24, 2016, in Johnson County District Court Case No. SCSCO8847O. The rights and interests of the Pro Platinum Transportation LLC are junior to that of UICCU. 25. Defendant City of Coralville, Iowa is joined as a party to this action because it may claim some right, title or interest in the property which is subject to this action by virtue of the 1002473481 7 E -FILED 2018 AUG 10 4 2 PM JOHNSON - CLERK OF DISTRICT COURT judgment entered June 2, 2016, in Johnson County District Court Case No. COSTA0170937. The rights and interests of the City of Coralville are junior to that of UICCU. 26. Defendant State of Iowa is joined as a party to this action because it may claim some right, title or interest in the property which is subject to this action by virtue of the judgment entered November 8, 2016, in Johnson County District Court Case No. OWCRI 12452. The rights and interests of the State of Iowa are junior to that of UICCU. 27. 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 UICCU. 28. The above -referenced Defendants are collectively referred to as the "Defendants." 29. The indebtedness due and payable under Promissory Note and secured by the Mortgage, as of July 20, 2018, is $67,060.39 and consists of the following: (a) an unpaid principal balance in the amount of $66,334.41; (b) interest as provided in the Promissory Note through July 20, 2018, in the N amount of $530.23, with interest continuing to accrue from July 21, 2018, at the daily rate of $5.4794; Q late fees thru July 20, 2018, in the amount of $75.75; and rC-) CM abstracting charges in the amount of $120.00. C_) m O 311 The Promissory Note allows UICCU to collect attorneys' fees according to the terms and obligations owed under the Promissory Note. Additionally, the Mortgage terms allow UICCU to collect attorneys' fees in connection with enforcing and protecting UICC J's rights (00247348( 8 E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT under the Mortgage. UICCU's attorneys will file their Affidavit Re: Compensation separately. UICCU asks for such attorneys' fees as may be approved by this Court. 31. UICCU elects foreclosure without redemption and waives any right to a deficiency judgment against Defendants. 32. The Real Property is not the homestead of any Defendant and is not agricultural in nature or use. 33. UICCU is the owner and holder of the Promissory Note and the Mortgage. UICCU has demanded payment and payment has been refused. 34. 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. 35. All Defendants named in this action have or claim to have some lien upon or interest N O in the Real Property. The interests or rights of all Defendants in and to the Re"ropegl are subordinate and junior to UICCU's Mortgage and as such are all subject to extii�hmeut bye foreclosure. rn 3. jib s WHEREFORE, UICCU prays: _ 'J (a) For judgment in rem against the Real Property with this judgment being in the amount of $67,060.39 together with interest at the rate of $5.4794 per day from July 21, 2018, and 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 fust lien upon the Real Property, prior to and superior to any right, title, lien or interest of the Defendants. (b) That upon application a receiver be appointed immediately to take possession, care of, manage, lease and collect rents from the Real Property, and to apply the same to the payment (002473481 9 E -FILED 2018 AUG 10 4'27 PM JOHNSON - CLERK OF DISTRICT COURT of costs and expenses of said receivership, repairs and expenses of said Real Property, accrued and accruing taxes and special assessments, insurance premiums, and in partial payment of the judgment to be entered herein. (c) That UICCU's Mortgage be foreclosed for the full amount of said judgments, interest and costs. (d) That any right, title, lien or interest of the Defendants in the Real Property be decreed junior and inferior to the lien of UICCU'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 UICCU to safeguard its mortgage lien encumbering the Real Property, and that at the time of Sheriffs sale, a Sheriff's Certificate be issued to the purchaser. The redemption rights of the United States of America, acting for and on behalf of the IRS, expire 120 days following the issuance of the Sheriffs Certificate. At which point, if the United States of America, actor for and on behalf of the IRS has not redeemed the Real Property, the holder of the Sheriff's Certificate shall be entitled to a Sheriffs Deed. (f) That in the event a demand for delay of sale is granted by the Court, 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 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 his/her residence, and hereby waives any right to deficiency judgment against Defendants which might arise out of this procWuling;�- ® = UJ a J� LIN24734� C7 10 .r O N E -FILED 2018 AUG 10 4:27 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 Sheriffs Certificate free and clear of any right, title, lien or interest of the Defendants to the Real Property, except as guaranteed by law. (h) That in the event UICCU 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. 0) For such other and further relief as the Court may find UICCU entitled to and as may be just and equitable in the premises. o o m PUGH RAGAN PRAHM PLC �y By: /s/ Ryan J. Prahm C-) -i C-) ?® RYAN J. PRAHM AT0010114 - mTI 425 E. Oakdale, Blvd, Suite 201 =)? Coralville, IA 52241 -77 PHONE: (319) 351-2028 FAX: (319) 351-1102 Email: Eprahm(@.t)up-hhagan.com ATTORNEYS FOR PLAINTIFF 100247348) 11 E -FILED 2015 AUG 10 4:27 PIA1915 SOfl=CLERK OF DISTRICT COURT THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT THIS NOTE LEMI S THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TME AND THE MAXIMUM RATE I MUST' PAY. 06/22/00 Iowa Cit y a.a Iow /_924 Friendlye.Iowa Ctt Av.IA 52240 A rose) 1. BORROWER'S PROMISE TO PAY In retro fur a loon that 1 have received, I pmmte to pay U.S. S 17 4 0 0 00 (this annum u called "prIeWIN •). plus merest. to the urdrr of aro lender. TM lender is the Umverswy of wa Communuy a n n, a /a U of] Community Credit linen I urWcrsmM thin the Leraler may t awwr this Nae. TAc IeMer ear anryum wlm ekes this Nae by wamwr and who u comic) ap recerve payments uMkr the Note is called the "Now Holder'. 2, INTEREST Imeres, foal be charge) on unpaW pnrcspal until dw full ammum of Drircpal has peen paW 1 well pay mrerest m a yearly raw pf 600 %. The interest raw 1 will pay will change m aecmmlance wmh Section 4 class None. The nMerexr tart required by .Ms Sermon 2 usScctwit 4 of this Now is the rate I will pay bulls before and after any default described a Senbn 7HH of this Note. 3. PAYMENTS Place, of Payments cipal and Inwrca by making payments every month, I was motet my nmanty payments on Bar first day ofeaeh month beginning on A"—.e 1 •1 win marse make a paymcros on the first day ofevery momh thereafter oma l have paid all of the principalatslTl-meress�-�-an fi any aTri causes described below .bat I Now. may owe under thi, My payments well he applied m wnterest before principal. If, on 0 7 r 0 I / 7 0 _ I still owe amounts under this Now. 1 will pay .hose amounts in full on that Jaw, which is called ea .he •m-ky a e'. -----• 1 will make my monthly payments at 5W W.. Ave, PO Box 2240, Iowa City. Iowa, 52244-2240, or at a difwrem place if required by the Nuw Holde, B) Amount of biy Initial Momldy Paynanu /. Each of any initial monthly paymeuu will he in the con er, of U.S. 5 5 4 1 . 19 This amount may clunge, (C) Monthly payment Changes Chair ex in my monthly payment wdl retka changes in she uroad principal of my wan and in the interest raw out 7 must pay. The Now Holder w01 determine my mw Wwresn late and the changed amount of my monthly payment in AcmNance with Semicon 4 n [bis Nom. 4. INTEREST RATE AND MONTHLY PAYMENTS CHANGES (A)Change Daws July, 2005 Ila• whereof rate I will pay may change on the first day caf aAd on that day every 12th month [hereafter. Each dam con which my Interest rate could change is called • — • 15 k a rage aL4n . (e) The laky, rhe Arcual Percentage Rah low'imttest raw").my increase during the won of ml%transaction. &inning will, the lint, Change Doc, my inmrnst me will he based on an Index. The Ind" is live average of the Six Month I'edeval Treasury Bill auction utas fur the previous three months, rounded to the nearest 1!4%. The Annual Percentage Raw on exacting balances will change on the Change Daw, subjecn w annual and bktine, interost raw limits described in paragraph 4(D). A W immase in.he inwrem raw wdl result in Nyrmms of a higher ammnI If the Indexes me longer available, the Note Hinder will choose a new index which is based upon comparable information The Noe Helder will give me orchis clwicc. N Q Change (C) ofCh eachChatonof 1 each Change Daw, the Nate Holder to calculate my new interest raw by adding Two sits One y f t M ^ _ pereetaage s 2(_ 5 %1 w the Index. Subject linin m current t o the saw) to Section 4(D) below. tlusims amount cos mY rrsv imerrsTfAer) lei het isms t ext"'Taoist1) --tI C= C The Nate Huller will nhen delerrntne the amount of Bee monthly payment that would be sufficient mor pay dw unpaid principal that Ias.M G-) rxlprrcted to owe at the Change Date to full on the maturity date at my new interest raw in subsan Tally cgml payments. Theresult ry ca ooh will be the new aromas of my monthly payment. _ (0) Limits (fi Intaws Raw (lunges —{ n •% J The ihcrent raw I am required no pay at the first Change Date will Are, he greater limn 9 • 5 G or less than 5 • 50IL- Tmy interns rWe will mrtt M imposed or deceased on any single Clunge Dearm nrdun 1 .i 0 CIL tlK nfe rl a oe w" I have been paying (or Bw preseeding twelve months. If the iMereU raw o nrcrcasN on any amgk Tie. fee amount of change will sever be lest thea 0.23% from Ne raw of inwrtsl l have been funhe twelve My inerts[ [slaver paying proceeding months. raw roll be greater than 1 3 5 0 0 / %. My interest raw will rover be less than 2 , 2 5 'z, - (E) EUectiniwe a o(irges My new inerts rare will become effective nn each Change Da.e. I w01 qy the amanl of my slew mnmhly payment beginning nit the first momhty payment Daw afwr .lac flange Date until the amount of my mnmhly payment du,ges again. r (F) Notes of Clanks -- The Not, 41uIJer well JNwxr a mail m ne a rotes of any changes in my interest rate and the amount of my mnmhly payment before a payment a[ the new level is due. lite este wt0 include mformuron required by law so be given ro me and slam one title and wlephorc beer of a person who will answer say question I may have regarding the rwuce. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they arc due after payment ofaccred interest. A payment ofprircipal only is kmwn as a "prepaymeni . When I make a prepayment, I will tell the Now Halder in writing dun l am doing so. I may make a full prepayment or panial prepayments without paying any prepayment charge. The Note Holder will we an of my pnepayhenss m reduce the arnmemaref'preaciod that I we under thea Now. If t make n penal prepayment, There will be rc changes fo Ow Juc dates of my monthly payments unless the Note Halder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly paymcnu after the first Change Date following my metol prepayment. However, any reduction due to my partial prepayment may be offset by as whites, rate increase. 6. LOAN CHARGES If a law, which apples to this loan and which rm maximum Man charges, is finallyy interpreted w so that the inwrest or other loan charges collected or a he collected in connection wish this loan exmed permitted limits. then: 0)anyy such Iron charge stall be reduced by the .vmnnmm Accessary to reduce the charge w IM permmad limits: and (tui) any sums already co located from me which exceeded permitted limits will he refunded .o me. The Nae holder troy chranse to make this refund by reducing the prieipal L owe under this Nae or by making a direct payment to me. Its refund reduces principal. the reduction will be %cared as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Now Nate Halder has et received the foil amount of any mundely paymera by Bee end of fon (10) CAlere ar days after the date it is due, I will pay a law charge to .he, Note Holder. The amount of tlw change will Ie 0.0% of my overdue mymeM of femepal and interest or that amoum which u legally permissible under Iowa law. 1 will pay this law charge promptly but only casae on each law payment. B) Dcfault If I du snot 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 hs default, the Note Holder troy send me n women notice ening new that if I do not pay the overdue amount plus an Additional amount necessary m reduce the principal to the amount required by the Amortization contemplated by this row, err Note Holder may require me in pay bnnrudlawly, .he full amount of ynrcwml which has nor been paid and all dee arrest flat 1 owe on dot Amon. If I do sot pay the full 2n=M w rrymswal within 30 days of delivery,e mailing exist ounce, the Nate Hokkr may aaelera , the required now and require me o pay immediately the full ammo of primipal which had et been paid and all the merest that I owe on that amount. (D) No Waiver By Noe Holder Even if, at a time when I am in defauh, the Now Holder does not require me m pay immediately in full as described above. the Nate Holder will still have merfit io do w if L am in default at a laver Titre. B) Payment of Nolc Holder's Costs and Expenses Rthe Now Holder has required me w pay hmstedlawly in fail as described as above, the Now Holder will have de rigs m be paid twck by me for all of its toss and experieses in enforcing ibis Now to law exwM not prohibied by applicable law. Than expenses include, for example, reasonable anorneys' fees and costs of comtiming or procuring an abstract of ask. 6/9"98 -1- PA- E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT R. GIVING OF NOTICES Unless appikabk law requires a different meted, any notice than noun, be given to me antler Mis None will be given by delivering H or by mailing it by Bra class will in me it the address under my sigmamre below or al a different address if I give the Note Holder mike of my different address. Arty notice thannust be given w rue Now Holder under rhes Nom will be given by mailing it by first class mail to doe Note Holder at the address sound in Section 7(A) above or at a different address if I am given a notice of dor different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If More than one personsogm Nu Note, each person is Polly and personally obligated m keep all of do promises Pride in thea Nom. including the promise to pay the full annul owed. Any person who isa guarantor. corny or endorser of tun Noc rs afso obligated w do ruese doings. Any ptson who takes over dense obligations, including the obill of a guarantor. surety or endorser off", Nat. i atm ,d,hgatd to keep all of tits promises made in this Note. The Nom Hokkr Puy enforce m lights under dos None against each pvuxt iodividually or against all of us together. This mnm Mat an ore cf us MY M requhd w pay all of the ami w owedu r Mn Nae. 10. PRINCIPALRESIDENCH Bnrtower(s)agrte that rfc BORROWERS STATEIVENT UNDER OATH, COVENANT AND INDUCEMENT AGREEMENT. amched hereto, u imgrporated inns triol to Nis Nom. Ii. WAIVERS 1 ad any odor person win has nNiganans antler Mis Nom waive Me righs of pmsentmem ed orrice of dielwrtpr. 'Presentment" mnm (he right in require the Note Holder in demand Nymcns of 9nsouons dee. 'Noticeofdishmwr" meant the right to require the Nam [[odder Io give Poke to other persons uuo atmums disc have mol liters paid. 12. UNIFORM SECURED NOTE This Nde n a uniform imaromunt with til varinlnrs In sotto: )urisdicriom. In addltwP sr rite prtxMttlorn given m due Nae How" under (his Now. a Mortgage. Deed ofgTousl or Social Dent (Me -Security Indmnzre-1. dated the same dam as this None, pratres the More hon andrunderwhat rconditions I rttsy het requitd rlu�rukekmm donee payment In full Of all mi ounts I Uwe u do s this Scut o s M x coditi oto am described as fallmvs: A. !!antler ofthe Property or a Iletmdcul InrrcA In &-Prower If all ^r .my parr suite Properly or am anuli m m n —Id yr rnnw., I'd (or ifa benefcul Prote" in Borrower iv sow or Paul led and Borrower is not.1 nmol ppec rsam wmrom Nnrc IIn ldcr'• Perot or men emus. v Note Holder its option, require inmrcdiac payment in (dl ufall sums secured by .lits Scanty hwrumom B. I'rineipal Rtsideme. If I brach ryagnph IO of this Nam. NM<Hower rent'y at ns upliun. require tmncdute paynmm m lull ^r all sums ..rd by do Sccuriry Imtrumem. The Nom and hforrgage may he voonwed M ml onsrm of Now Holder and Roul IR. ENFORCHABILrrY If ants temp in this Nom or the mortgage sec nragb this Non nola¢s any law or for sone other realm s of enfurmMc, that Irmt soon!! tot be a pan of Mrs ore. Howevv. the miser mots of this Note will oo uiu elfecov, Thu Nme is a�ohlect In Iowa low ami any a(splkahlc Imetal law. If enuanwnt Pr expbatbn of epplicahlc laws has Me rffm of redermg any pmviilwwny'f meds Nott lir the -111gagc secunng thrs Nntc urenfa¢cade according la Its moms. Now Holder, at its option. may rnimre imomd lie eat In full of all sums krand m cumau,urm u lib Pro Nom. WITNESS f(E HAND(S) AND SEAL(S) OF THE UNDERSIGNED. awe odors Da rd Bees t er eTa lima ra J. ! ester __g2e sot enalr �__ Address 92A Fr'andir a — Address 619199 2 yU Tal 75`1a E#11 2018 AUG 10 4:27 IM JORRSON - CLERK OF DISTRICT COURT FILEDNO._`�a�5 •5? BOOKayy��y",r[ (� 00 JUN 26 FM 3:40 Prepared by: 0 1 a n e T 0 1 l e n a a r JOHNSCH COUNi7 NECORDLR IOWA Ell Y. 1015A son Nitrate, 4 6 18 '. 1. J R A AMMSS 13% blatellNtml: J o n Uavld Meester and ie name res JO Mecster 924 Friendly Ave.lowa City.IA 52240 IOWA MORTGAGE CLOSED END- ALL FIRST MORTGAGES TIM INDENTURE made this T w e n t y S e c a n d day of June2 0 0 0 between Jon David Meester and Tamura res Jo Meester. husband and if, Mongago.ts). whose address is; 9 2 4 Friendly Ave. Iowa City , l A 5 2 2 4 0 nal the UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, aWo U OF I COMMUNITY CREDIT UNION, Mortgagee, laving its principal place of business ai 500 Iowa Avenue, Iowa City. Tows, WffNFMETH: Thal the said Mongagor(s) in mnafderatlon of Seven t v Seven I h o u s and Four Hundred 1)(i ($ 7 7 . d 0 0 0 0 ) lues d Icy Morrgagee� received bbyy Mmigagmis) and evidnwed by be n rrom ry lean,) hereinafter referred m, do, by Wase prcsmn SELL, CONVEY, AND MORTGAOE. am flue said Mortgagee the following Sescribed real esus sm.ted in the Coumy of J o h n s It n . Sure of Iowa, 10-Mv ''ppp LOT 6. BLOCK 1. SUNNYSIGE ADDITION TO THE CITY OF IOWA CITY. IOWA.®C::ORIL,LryG TO THE PLAT THEREOF RECORDED IN BOOK 1. PAGE 156. PLAT RECORDS OF O C COUNTY, IOWA. —1 47 g�� C7 -.,I-J 1 �m a rn v 710 x = 0 N which by Use addrcw of 914 rrinndly Ave Iowa Ci t Inisa 61:40 Street City Saa zip together with all personal property that may integrally belong an, or be, or hereaher become an integral pan of said real come. and whether ahached or detached, and hereby gramme, conveying, and mortgaging also all of the easements, serviem canoes appurtenant thereto, renes. issues, uses, profla, and right of possession of said real estate, and all crops raised theedn from now until the debt secured thereby shall be paid is full. As to any such personal property or fissures, or both, a Security Interest hereby attaches thereto, as provided by the Uniform Commercial Code. This ntwrt age secures the paymeto of the ban made b)Y Martga{{ee to Mongagor(s) which is eviderxed by a nae dated this dale, in the amount ofKg 77,400.00 wzhadw r. of 57/01!70 , along wish any rercwHs. extensions, modifications, m refinancing theredfand arty =as issued in substitution therefor; and any additional loans and advmnes for any purpose whatsoever which hereafter may he made by the Mortgagee in the Mongagnr(s), or any Mortgagor if de, is more thin ore. which shall have the some priority anal privileges as if made on this date: and any advances nude by Mongagee for the purpose of protecting its mortgage and security interest in rhe above described property. This paragraph does not constitute A Commitment to took, additional los.. in any Amount, Said Mortgagor(,) hereby covenant with Mortgagee, or successor in interest. that said Mortgagors) hold acid teal estate by tide in firm simple; No they have gond add lawful atnhority to sell, convey• and mortgage the same that said❑remises are Free and Ciear of all Liens and Encumbrances whetsocver except as may be above stated; and said Nongagor(,) Covenant m Warrant and Defend the said protea agains,the lawful claims of all persons whomsoever, except as may be above cured. Each of the undersigned hereby relirmuishes all rights of dower, homestead, and distributive share in and an the above-0eacribed pmndsss. and waives any rights of exemption, ism any of said property CONDITIONED, HOWEVER, that if Mottgagii shall pay, or cause to he paid an U of I Community Crede Union. 500 Iowa Avmme7P.0 Box 2240, Iowa City, Iowa 52241. its successors or assigns, at such place as designated by the promissory Hulett), of even date herewith. given by Mongagor(s) to U of I Community Credit Union, of Iowa City, Iowa, or at such place as the owner of such promissory mxe(a) shall designate from time to time, the sum of Seventy Seven Thousand Four Hundred DOLLARS 15 7 7 , 4 0 0 . 0 G I. m kgal leader in payment of all deM, and private. dues. public and priva. at she time of paymentpayable as provided in said pmmessory noselsl. with final payment due tharron, on of before five I s t da of J u) y , 2 030 , uNus u0erwhe extended with marest u provided thereto. uW shall pertonn me mher, provisions hereof, 1Mn these presents shall be void, and Mortgagee shall release said real estate at the expense of the Mortgagor(s), otherwise to remain in NII force and effect, All payments received by the Mortgagee shall fust be applied to oosccove advu¢es under paragraph No. 11, then to law charges, and then to unpaid interesr, and lastly, unpaid principal. I. TAXES: Mortgagor(,) shall pay each ocasllment ofall taxes and special assessments fevery kind, now or hereafter levied against said property, or any pan thereof, belbre same her oraa delinmem. without notice or demand: and shall procure and deliver to sand Murtgagec, on or hdore the fifteenth day following due date of each insullmem, duplicate receipts of the proper officer, for rhC paymed of all such taxes and asnssmenu then due. 000026 E -FILED 2018 AUG 10 4:27 PM JOHNSON -CLERK OF DISTRICT COURT 2. INSURANCE: Monga,cal0 shall keep m force imvvnce, premiums dwaelorw be prepaid without nmee o(denahW, aganvt lass M1Y hen, nomad+. ad other hazards. cuuallks, and comingemre as h/ortgagec nvr require on personal prup•rry as herein refertN err sod on all buildi�, a,W improveme as nn aid premises m companks no be'toproreJ by 111mngagec in an anroum tort less than the full imurabk value of such persoml proper' anJ mprovenenta, or nru Iess than she umpmd bWame hereon, whichever amount hs nmlkr, conA such imearamec payable ro Mortgagorls! toW Ah..Igagcc, x their imereAs may appear In rhe event of a lass, Mongago' wdl ggive "a'" 'g' mnk:e by mail res the Alungagm. colo .aY make pmol of lass .o the inzuvee company. and he imumne patrols, rot the -prion or Ih[ Mortgage", than br wor", by Mnngagee told applied tawarda paymamn of sh¢ mortgage. Alanyegor(sl dull p¢m.prlc depart such p'Ma s with proper ritlers with the Mingagee. Alco. if' rryuiml.'If Mongayyau(1) agree m secure and nafmam d¢ maumnm amwnt at Oooad .cantos rrytoted .o cooffance witA she Flood Duasmr Roectiou ,Cc( -f 19]3, and m furnedh such fa+lstes r- oe Mnngtgo, conA rhe Imurance paY'ffik m (k Mnngagee 7, REPAIRS TO PROPERTY: Is ongaga(s) shall keep the buildinp and other argeonsrtrms on saidprn . , in as good rcpvr and cundnron. a same may now be, or are hereafter placed, ordinary wear and oar only eacepud; and shall not suffer or mnnmii waste on or No said security. 4. COMPLIANCE WITH LAW: Mortgagor(,) shall comply with all present and Furore laws, regulations, and ordinances affecting the mortgaged property. 5. CONDEMNATION: All compensation awarded for any damages in comicuion with a condemnation proceeding for any No of the mortgaged property shall be paid direly No the Mnngagee and applied to the maigage nate 6. JOINT AND SEVERAL LIABILITY: Mongagogs) agon to M oialy sod severally lame for to nawbtcdnees evieencrd by she mortgage rose told,nourN by thin mortgage. The signing of rho m-ngagc aM the rmrgage rote by rhe spouse of dr nn ser n trot omv for de, purpose of releasing dower or din ansil, a share but also for the express purpose of creating personal labdm of the spouse rot the indebtedness. PRINCIPAL RESIDENCE: Mongagri agree shat paragraph 10 of the Promiswry NOW(s) of cven data hcrcwnh, given be we Mortgagor(s) to the Univeniry of Iowa Community Credit Union, regarding fire use of pmpeny which is the subject of this hlongage a, a principal reside ce. is incorporated am,, this Mortgage A breach M Paragraph 10 al said ttom(s) co sbmms a default of do% Mortgage, that shall entire tla bhsngagee, im srmcessors or vssigns, of eaercue the remedies as set forth in paragraph NO 12 of this Mortgage. De Note and Mortgage may he amended by normal consent of Mongager(s) and Mortgagee. 8. RI!STRICTIONS herby dANSFER: ale u umv.) agree matin or evam they shall in any un.ner ua.sskr the uric a any mniun of she mortgages! pin Moa, wha(o I, deed. real esfte d a d li or ahawlse, I in she ease any, imema he it a coldff Ir balao ,Ito if s bclefeal interest he Mnngagol(s) is mu ser mmsknd sod Mongagus is int a mural pes.;a dot the g,...;c umnJ bar mr, rf for oin Mor: ago, n bossy shall w (carr' ys* advance due payable rs mw ap000 of Mortgagees; tai. Maogagonsi agree mar a dun girt Mnngagee not less Ilan trn (l0) birth; adviser .,Inc.en nose pini to nuking soy such he tfir If all pro, Ide r xerripeocul de le-roin,t w rryuim immediate s., IM din full, Mnngagee ,lull gree Mailed Niki .miceh .",. non The nay .Mall pmvuk a perm) of mu k.• nun thirty (30) days from the dam rte nuke is duce red or nailed within which Mort act,) muss pay all wins scored od tlns Mortgage 1: Mongug Furth rma m pay rheas sums prior ig she expiration of this period. Mnngagtt nay ^yoke arty rarw•drs penned be ON, tmrneagr wWhsrut further entice or demand nn Mongagor(s). 9. ENFORCEABILITY: Ifany term in this mortgage a, de ruto gage mm a rcti ed hemby violates any sew Or for souse rcawn.s rot enftioeuhle, that teen will not be a pan of this mortgage. flowever. the mhermsms of this mortgage will remain eftworn Ifemancmor expiration of Apploable laws has the effect of rendering any provision of this mnngage or the mortgage now secured herchy otenfoacable .cording wits tams. Mortgagee. at is option, may require hmmNan• paYnwro it full of ah sums secured b) dgage and nay invoke any nmedes perm urd by this mortgage If Mongaaee excrcisrs the option it, offer, Immediate payment in full. Mortgagee shall give Mongagm name of araxlcation, in the manner Deseribbeed in Paragraph 8 10, NON -WAIVER: Any foskanme by Mortgagee m exorcising any ngM or rarmdy allowed for by the mortgagee, mnngage nae sec^red hereby shall not be a wasvcr of or preclude the sercae of any right or retiredly. it ADVANCES OPTIONAL WITH MORTGAGEE: his eaprc,,Iy understood and agreN then dabs Insurance suns, proofed for is not promptly eRated, or if Ne oxo or apecal aseas rho is assessed fs,lnet said property doll become delin9mn.. Mongagn (whether electing to declare the whole mortgage due and ecifl iblc Or not), may (but red rot) effect the imunxce those provided for and need not. but may and is hereby amberhed to pay said axes and special weesstema (irregularities in the levy at asseamear of aid taxa being expressly waived), and ell such paymmrs with interest Ihrreon at the highest legal ram applicable for a natural person (or, if to Mortgagor it a corporation, then at the default rate pros Wed in the note nutted hereby) from time or payment shall M a liar against said premises. 12. ACCELERATION OF MATURITY AND RECEIVERSHIP: And is is agreed That ifdefauh shall be made or she paymcn, of said notch+), or any pan of the interest Iherton, or any offer advance or obligation which my be secured hereby or any agonal protective disbursement. such as azo, special assessments. insurance, and repain. or If hlonpgm(s) shall suffer Or commit waste an or n said eeeunl , ,, If there shall be a failure to campy wish any and every cretinism of rho mnngage. tmludag Paragraph i 0 of sM oohe(s) Of even dam herewith and described in Pangnph 7 of this Mortgage, Nen. at the •Tannin of he Miavhgagce, said sac nd he how, of de indebtedness snored by this mrngzgc, including all payments for axes, amc.mouct. or insurance premiums. shall baomr due toW shall hecomr w9cebhle by foreclosure or otherwise Aber such default or hilum. Mnngagee shall give notice o Mnngagerfas for, NO azeeleramo. lescept for aacelnraton ualrr Paragraph¢ Nos 8 or 9). The notice shall speedy (a) default, (h) the anon required to curehie detail[ 19 a date, not Iess Ilan thirty (30) days from it. dale We notice is gisen to Mlongagogs), by which hie default most be cured: and (d) (list hdure m cure (he default on or before to dam specified in the mace may result in acceleration of the sutra' secured by the hlortgage, fom:lowre by judicial proceeding and ale of the yropcny. If the default is rot cured by she date specified m the tutee. Mortgagee. at as option. now requre onnadime payment in full of all sums secured by this mortgage without funder demand and may collect she sums by farcc=g this sn8rtpge by and"sal proceeding nr other Lse Mortgagee shall M emitled to collect all expenses incurred in pursuing the remedies provided in gds paragraph. Mortgage consents to the appointment of a receiver for (he property, at the Option of the Mortgagee. ® 1�^ LAThORNEY'S FEES: Incase of any action, or in any proceedings in any court, m collet( any sums payable or soured by this LUn i Menage,it"muec[ she Ike of title herein of the Mortgagee, min any aa hcans, Intimated by hw iia which attorney fees Army be collector] s n from the M1ty[Igagm(s), or charged upon the above-described property. Mongagor(s) agree W pay reasonable attorney fees. r_ C-) F- 14, 14, ATiON OF ABSTRACT: In event of any default herein by Mangagor(s), Mortgagee may, at the expense of �� M1lopgago procure in abstract of tide, or continuation Hereof, for aid premises, and chargge and add to the mortgage debt she cos( of sst�C6nbst it4mimNon with interest upon such expense at she highes[ legal ram applicable o a mmol person: or IF de Mortgagor .s a LL rati NE r!!!!t He default she provided in the note secured hereby. m O lar -9HORTENED REDEMPTION PERIOD: It is further agreed but in she even( ofIndent foreelusure of.his Mortgage, He Rages nay, at its wk discretion, elect o: A. Reduce the period of redemption after judicial sale to tis (6) monows, if the property is leas Man ton (L 0) acres in six, and Mnngagee waives in any Foreclosure proceeding any right o a deficiency judgment agai rot Morlgagor(s), pursusn( ro Iowa Code Section 628.26. or B. Reduce the pseud of redemptkm after judicial sale o sixty (60) days, if the posters, is less [ban ton (I o) acres i^ size, Mortgagee waves in any to red. re proceedings any right No a deficiency judgment again,( Mortgagor(s), and the court finds tut she property las been abandon d by Mortgagor(s), pursuant to Insist Code Section 628.27, or ^.. Rous the period of redemption after judicial sale to the lime period set Forth in Iowa Code Section 628.28 or am other Iowa Code o ,came the period of redemption after judicial ale to such time as may be (hen applicable or provided by law. or 00002'7 &FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT D. FowW4 without redemption site, judicial sale if the properly is out used for an agricultural purpose, pursuam to Iowa Code Section 654.20. 16. HAZARDOUS SUBSTANCES: Mortgagors) atoll mulluw the presence. use, dkapasal. uamge or relsaacmr .,,.,,he Properly of any anhstame, which has been defined by any kderal. Mare, or Iocal law of mgulaton as a boxed or hazartkms substance, been includes, but is ml limned bo: gasoline. knmse., BammaMe or loan, pmroleum produces. pettkkka. herbi Wax, olvems. a besmm. fomaWehyJe, and radioactive materiels. Mongagurfs) shall promptly give Mortgagee written reduce of any nevesJgalon, action. m dmm which involves the Prsyxrty arW any usti, or hazarJuus substance or edeml, sate, at local law or reguluton which Mixms to Inside. A", or envinmmemal prosection. Upon tuck. Jut nmredlatedn or wrieval of • toxe or IaaaNuvs wbsatwc ix necessary. Murtgagr»W shall promptly take all necessary ¢medial ... The Mortgagogs) may use or swot on (c property small quamites of hazardous substances which are eternally and reaso dehly rmolmxed h) be appropriate an normal residential use and mauttenaree of dse property 17. NOTICES: Any notice in Morrgapr(s) provided for in this Mortgage may be given when delivered ortrailed by first class mail. The notice shall be directed m the address of the Mortgagors) stated on the face of (his mortgage. unless Mortgagor(s) has designs" a different address by mike w Mortgage, Any notice m Mmegayee shall be given by first class mail o Universityy of Iowa Community Crain Union, 500 Iowa Avemre/P.O. Box 2240, Iowa City, Iowa 52244, unless Mortgagee has designed a Arent address by notice to Mongager(s). 18, DEFINITION OF TERMS: Unless olherwisa expressly suited the word'Morlpgor(s)% as used herein, includes wttosors in amens, of such 'Mortpgor(s)` l to 'Monpgec', as used herein. unless mherwme expressiy stated, includes the success us in intense of such "MonpgK". All words rekrting to -Mortgagor" or 'Monpgec- shall he construed in he of the appropriate gemkr tad number. according to the context. This construction shall include the acknowledgment hereof. 19. WAIVER: I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE AND BY SIGNING THIS CONTRACT I VOLUNTARILY GIVE UP MY RIGH'.TO THIS PROTECTION WITH THE RESPECT TO CLAIMS BASED UPON THIS CONTRACT. C 4J(lL/�/ O dym acv ester Dan "a muroc Je — --1 a7 in V zo.- VW P. the RIDERS a TO encs MORTGAGE: Ifore or more riders are executed byall a or(a and recorded thether ema �bB7llartg:� the covenantsossof and agreements t each such rider aha6lu iMongaraed inm and dull amend and suppkmem the ,nveriias�.s�ill 3 agrcemems of this Mortgage as if the riders) were a pan ofthis Mortgage. (Check applicablespace(c)7. •• X Variable Rate Rider _ Condominium Rlder Other: 21. PURCHASE MONEY MORTGAGE: a If irdualed by a murk in We adjacem space, don die, mortgage is a purchase murrey mortgage vW a emibkd m priority n coraairxd i� 654.128 of Ute Cock of Iowa. (1995). awl anY armndmems tlbereto. 7N WITNESS IEREOF, said Morlpgor(e) have hereunto ser their hands the day and year first written. MOAT GOA Jeer ed Meester GOR Tamm a Jo Mee^.te SPATE OF IOWA ) se: COUNTY OF JOHNSON ) On this 22nd day of June 20 0 0 , before me, the undersigned a Notary Public in add for rhe Sure of Iowa. Personally appeared Jon David Mees ter and Tacna roc Jo Hees ter to me known to be the identical person named and who executed the foregoing i utnum ter. and acknowledged that they executed the same as their vola mury act and deed. JANEL M.AFLER UNE M. %oR Notary Probit, In Std or � Nm� (�L Cmmission Expires: E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT VARIABLE RATE RIDER (Six Month Federal Treasury Bill Index -Rate Caps) University of Iowa Community, Credit Union 825 Mormon Trek Blvd, P.O. Box 2630 Iowa City, Iowa 522442630 THIS VARIABLE RATE. RIDER is made this 22 n day of June ,2000 ,andis incorporated into and shall be deemed to amend and sup -=mem[ theMOR-gag-e7the same date or earlier date given y the undersigned (Ihe'Mortgagor(s)' and'Borrower(s)') to secure Borrower's Variable Raze Note (the 'Now') to the University of Iowa Community Credit Union, a/k/a U of I Community Credit Union. its successors and/or assigns (the "Mortgagee" and "Note Holder") of the same date and covering the property described in the Mortgage and located at 924 f r 1 end I AvP Iowa C Ito IA x 2 2 40 (Property Address) -- THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE MORTGAGOR'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE MORTGAGOR MUST PAY. ADDrrIONAL COVENANTS. In addition to the covenants and agreements made in the Mortgage, Mortgagor and Mortgagee Thither covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENTS CHANGES The Note provides for an initial interest rate of J . 5 0 0 %. The Note provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The interest rate I will pay may charge on the first day of duly , 2005 , and on that day every 121h month thereafter. Each date on which my interest rate could change is called a "Change Date". (B)The Index The Annual Percentage Rate (the "interest ram') may, increase during the term of this transaction. Beginning with the fust Change Date, my interest rare will be based on an Index. The Index is the average of the six month Federal Treasury BBI auction rata for the previous three months, rounded to the nearest 1 /496. The Annual Percentage Rate on existing balances will change the first day of the Change Dale, subject to arcual and lifetime interest rate limits described in paragraph 4(D). Any increase in the interest rate will result in payment, of a higher amount. If the Index is eco longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes On each Change Date, the Note Holder will calculate my new interest rate by adding T w a a n d O n e I E i g In t n percentage points ( 2 . 12 5 %) to the current Index. Subject to the limits stated in Section 4(D) below. this r amount will be my new interest rate until the next Change Dare. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that i am expected to owe at the Change Date in full on the authority time az my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits On Interest Rate Changes The interest rate I =required to pay at the first Change Date will not be greater than 9,50 % or was than 5.50 %- Thereafter, my interest rate will never be increased or decreased on any single Change Date, by rtwre Nan 2 . 0 0 % from the rate of interest I have been paying for the preceding twelve months. If the interest rale is increased on any single Change Date, the amouat of the diange will never be leas than 0.25% from the rue of interest I have been paying for the preceding twelve months. The interest rate will never be greater than 1 J 5 0 0 %. The lateral rate will after be less than 2 . 12 5-%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new, monthly payment beginning on the first monthly payment date aper the Change Date until the amount of my monthly changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of my changes in my interest raw and the amount of my monthly payment before a payment at the new level is due. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer my question I may have regarding the notice. C'j BY SIGNING BELOW, Mortgagors) accepts and agrees to the terms and covenants contained in this Variable Rate Rider. J i- �' t• on flavid Rjester r CJr i— 4a CD 0 N —1We& anmara jo V e e s t e r 000029 February 6, 2017 Tamarra Baker 2648 340' St SW Tiffin, IA 52340-9378 NOTICE OF RIGHT TO CURE Creditor: University of Iowa Community Credit Union 2355 Landon Road/P.O. Box 800 North Liberty, IA 52317-0800 Account Number: 46181103.1 Principal Balance: $67,458.44 Unpaid Interest: $227.90 Past Due Amount: $1,057.78 Late Fee: $26.44 Next Payment Due: 1/1/2017 Daily Rate: $5.9973 Security: Mortgage on property located at 924 Friendly Ave, Iowa City, IA This credit transaction is now in default. The default may be corrected until March 10, 2017. If it is not corrected the contract may continue as though there was not a default. The default consists of: Failure to pay $1,057.78 for loan 46181103.1. Correction of default: Before March 10, 2017, $1,057.78 needs to be paid to the University of Iowa Community Credit Union, P.O. Box 800, North Liberty, IA 52317-0800. Failure to cure the default before March 10, 2017 may result in acceleration of the sums secured by the mortgage, foreclosure byjudicial proceedings and sale of the property. If there is a default again in the next year, the Credit Union may exercise Ws rights without sending you another notice like this. If you have any questions concerning this notice, please write or telephone promptly. S'rely, -Z t wills Senior Vice President/Commercial Services 9-1-4 PUgffq) 2018 AUG 10 4:27 PM SK MBMDCLERK OF DISTRICT CYJRRET OAKDALE BOULEVARD SUITE 201 Pra h mac ATTORNEYS & COUNSELORS June 22, 2018 VIA CERTIFIED & U.S. MAIL Tammara Baker 2648 340th St SW Tiffin, LA 52340-9378 Account/Loan Number: Property addresses: Current creditor/servicer name: Current creditor/servicer address: Mortgage dated: Accelerated Balance: Dear Ms, Baker: DEMAND FOR PAYMENT 46181103.1 924 Friendly Avenue, Iowa City, Iowa University of Iowa Community Credit Union 2355 Landon Rd., North Liberty, IA 52317 June 22, 2000 $66,761.72 CORALVILLE. IOWA 52241 PHONE 319-351-2028 FAX 319351-1102 PUGHHAGAN.COM The University of Iowa Community Credit Union as the owner and holder of your mortgage loan, 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 $ 66,334.41 Interest (thru 0622/2018) $ 376.81 Late Fees $ 50.50 ACCELERATED BALANCE $ 66.761.72 You must pay the accelerated balance within 14 days of the date of this letter or your property that is collateral for the loan may then be scheduled for foreclosure in accordance with the terms ofthe Mortgages and applicable state laws. If you have not paid the accelerated balance by July 6. 2018, additional amounts may become due and payable under your promissory note and Mortgages. You have the right to bring a court action to claim your loan is not in default or any other defense to acceleration L� )irtd saEthal you may have. This notice remains in effect until the accelerated balance is paid. Payment must be l�j'n thel$rm Ucashier's check, money order, or bank certified funds. ®You are fuii Eifrtformed that federal law requires creditors of certain delinquent home loans to notify the home LLowneE§f dwavailability of homeownership counseling offered by the Creditor, as well as counseling services proviLqd bk�p nseling agencies approved by the U.S. Department of Housing and Urban Development. The Cred#q does not offer any such counseling services. An original Iowa Mortgage Mediation Notice is enclosed. N (002460871 E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Please contact your attorney if you have any questions concerning this matter. You are further informed that federal law requires creditors to provide a written explanation of the mortgage and foreclosure rights ofservicemembers and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), on a form developed by the Department of Housing and Urban Development, the Department of Defuse, and the Department of the Treasury. A copy of that written notice is enclosed with this letter. 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, University of Iowa Community Credit Union will only exercise its right as against the property and is not attempting to assess or collect the debt from you personally. This matter is very important. Please give it your immediate attention. Sinr'erelY, '7 Zees-� J. Prahm (002460871 0 O m p G Gr a M m f E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Servicemembers Civil Relief U.S. Department of Housing OMB Approval 2502-0584 Act Notice Disclosure and Urban Development Exp 12171/2017 Office of Housing Legal Riplits and Protections Under th • SCRA Servicemembers on "active duly" or "active service," or a spouse or dependent of such a smicemember nuy be ended to certain legal prutccliom and debt mlief pwsuant to the Servicemembers Civil Relief Act (50 USC App. 1501 597b) (SCRA). Who May Re Entitled to Leoal Protection, I Ind r the S ' sA7 • Regular member of the 1) S. Armed Forces (Arany, Navy, Air Force Marine Corps and Coast Guard). • Reserve" National Guard personnel who have been activaW and are on Fedcxal active duty • National Guard personnel under a call in order to active duty for mote than 30 consecutive days under section 502(f) of title 32, United Staten Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds • Active service members of the commissioned corps of the Public Health Service and the National Oceanicand Atmospheric Administration. • Coin United Slates citizens serving with the armed forces of a nation with which the United Slates is allied in the prosecution of a war or military steins What Leval Prot ,clions Ar • Seryl a her • Fntilled To Under like SCRA? • The SORA states that a debt inured by a aervicemember, or servicemember mid spousej neatly, prior to catering military service this 11 not bear interest at a rate above 6 % during the period of military service and one year ilicmafla, in the case of an obligation or liability omsieungofa mortgage, mat deed, or other scuaity in the rebut of a mortgage, or during the period ofmih=y service in tic cast, ufany rather obligation or liability. • The SCRA stales that in a legal action to enforce a debt against real estate that is filed during, or within one year after the servicemember's nulilary service, a court may stop the proceedings for a period of lime, or adjust the debt. In addition, the sale, fnreelnaWe, or scicurc ufreal estate shall not be valid if it occur during or within oris year ager the serviccmember's militaryservice unless the creditor has obtained a valid wort order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Docs A Cervicemember or Dcuen lent litentiest Relic( Under the RA? In order to request relief under the SCRA from loans with interest rates above 6% a servicememba or spouse must provide a written mquca to the lender, together with a copy of the servicemember's military orders. [Note: Lender should place its name, address, and contact information here.) There is no requirement under the SCRA, however, for a smiccmember to provide a written notice ur a copy of servicemember's military orders to the lander in connection with a foreclosure or other debt enforcement action against mat estate. Under Nese circumstances, lendera should inquire about the military status ofa person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the serviccmcmber, and examining their files far indicia of military service. Although there is no requirement for scrviccmcmbers to alert the lender of their military status in these situations, it still is a good idea for the servicemember to do so. flow Does a Servicem t s ser or Dependent Obtain Information About the ScgA9 • Servicemembers and dependents with questions about the SCRA should contact theirunit's Judge Advocale,or their installation's Legal Assistance ORcer. A military legal assistance office locator for all branches of the _;Armed Forces is available at h11P (BSRa_Intixil,Jpncc lawafmd/cool - titor.pjtp •_:'Mi][itary OneSourcd' is the U.S. Department of Defense's information resuurcc.ll'yuu are listed as entillecito �legsliprotwtomv underthe (taw above), please go /o wsysv.milimr�pnesource.tttilll al or cell 1-80(1- Q342fff47 (loll free Gum the Unites States) to rind out more information. Dialing instructions for areas outside the Udtugt3taw tic provided on the website. �• i" Ci loan HUD-112no LD 1—< (12(2014) •� Ute_ m O_ 0 N E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT N Mortgage Mediation Notice You are receiving this notice because (1) your lender believes_',_,.t that your mortgage is seriously delinquent, or (2) a foreclosut'e, x 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 auc�T7able 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. Iowa Mortgage Help "i0A N 1-877-622-4866 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.4B(2). PU gkjD 2018 AUG 10 4:27 PM RMf*TJ ECLERK OF DISTRICT Cs OAKDALE BOULEVARD SUITE 201 Pra h mol, ATTORNEYS & COUNSELORS July 9, 2018 CORALVILLE, IOWA 52241 PHONE 319-351-2028 FAX 319-351-1102 PUGHHAGAN.COM RPRAHM@PUGHHAGAN.COM PERSONAL SERVICE Jon David Meester 15 -DAY CURE NOTICE CREDITOR: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION (UICCU) 2355 Landon Road PO Box 800 CREDIT TRANSATION: COLLATERAL DOCUMENTS: North Liberty, [A 52317 (800)397-3790 Loan No. 46181103.1; Promissory Note dated June 22, 2000, in the original loan amount of $77,400.00 (the "Promissory Note"). Mortgage dated June 22, 2000, and filed of record in the Johnson County, Iowa Recorder's Office on lune 26, 2000, in Book 2978, Page 26 (the "Mortgage") encumbering the following described real estate, to -wit: LOT 6, BLOCK 1, SUNNYSIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1, PAGE 136, PLAT RECORDS OF JOHNSON COUNTY, IOWA. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (locally known as 924 Friendly Ave, Iowa City, IA 52240; referred to herein as the "Property"). �r r L.3 --�C.D=Q Q UC:) m 0 c� 1002673781 North Liberty, [A 52317 (800)397-3790 Loan No. 46181103.1; Promissory Note dated June 22, 2000, in the original loan amount of $77,400.00 (the "Promissory Note"). Mortgage dated June 22, 2000, and filed of record in the Johnson County, Iowa Recorder's Office on lune 26, 2000, in Book 2978, Page 26 (the "Mortgage") encumbering the following described real estate, to -wit: LOT 6, BLOCK 1, SUNNYSIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1, PAGE 136, PLAT RECORDS OF JOHNSON COUNTY, IOWA. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (locally known as 924 Friendly Ave, Iowa City, IA 52240; referred to herein as the "Property"). N O PUGH HAUAdiMRMht*jaC10 4:27 PM JOHNSON - CLERK OF DISTRICT COLIR�n m July 9, 2018 7 _ '-- Page 2 a c� 71 NOTICE OF RIGHT TO CURE DEFAULT Jon David Meester: The above Creditor believes in good faith that the obligor under the Promissory Note and Mortgage described above is in default. The Creditor is giving you a 15 day notice to cure defaults pursuant to Chapter 654, Iowa Code. NATURE OF THE DEFAULTS Failure to make monthly payments of principal and interest for the months of May, June and July in 2018 as follows: Monthly Payment Due Date Payment Amount May 05/01/2018 $505.00 June 06/01/2018 $505.00 July 07/01/2018 $505.00 Failure to pay real estate taxes before becoming due in the amount of $4,353.00. The Creditor made a protective advance has PERFORMANCE NECESSARY TO CURE DEFAULTS Reimbursement must be paid to the Creditor for the past payments of principal and interest and the protective advancement to redeem delinquent real estate taxes in the amount of $5,868.00. If you do not cure the default claimed by the Creditor within 15 days of receipt of this letter, the Promissory Note shall be accelerated and the Creditor may, but is not limited to, proceeding with foreclosure of its Mortgage. As of July 9, 2018, your accelerated balance $66,854.87. In a mortgage foreclosure proceeding, the Creditor will request principal, interest and advancements including, but not limited to, the Creditor's reasonable attorneys' fees as allowed by Iowa law. If you default again in the next twelve months, the Creditor and, if applicable, its assign(s) may exercise its rights against you and the collateral described above (i.e. the Mortgage and the Property) without sending you another 15 day cure notice. You are further informed that federal law requires creditors of certain delinquent home loans to notify the home owner of the availability of homeownership counseling offered by the Creditor, as well as counseling services provided by counseling agencies approved by the U.S. Department of Housing and Urban Development. The Creditor does not offer any such counseling services. An original Iowa Mortgage Mediation Notice is enclosed. Please contact your attorney if you have any questions concerning this matter. (00247378) PUGH HA&AchAatR@d K*j(n0 4:27 PM JOHNSON - CLERK OF DISTRICT COURT July 9, 2018 Page 3 You are further informed that federal law requires creditors to provide a written explanation of the mortgage and foreclosure rights of servicemembers and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), on a forth developed by the Department of Housing and Urban Development, the Department of Defense, and the Department of the Treasury. A copy of that written notice is enclosed with this letter. UNLESS YOU DISPUTE THE VALIDTY OF THIS DEBT, OR ANY PORTION THEREOF, WITHIN 30 DAYS AFTER RECEIPT OF THIS LETTER, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU NOTIFY THE UNDERSIGNED IN WRITING WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, VERIFICATION OF THE DEBT WILL BE OBTAINED AND A COPY OF SUCH VERIFICATION WILL BE MAILED OT YOU. THE PURPOSE OF THIS LETTER IS TO COLLECT A DEBT. ANY AND ALL INFORMATION YOU SUPPLY US WILL BE USED FOR THAT PURPOSE. Very truly yours, Prahm RJP/Ih Enclosures cc: U1CCU (via email) G.. v �v 4 O m 0 N (00247378) E -FILED 2018 AUG 10 4:27 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, o a State of Iowa -sponsored program. (DZZ S2 a c help is available rri a M 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 he your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.48(2). E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Servicemembors Civil Relief U.S. Department of Housing OMB Approval 2502-0304 Act Notice Disclosure and Urban Development Exp 1 213112 0 1 7 Office of Housing Leval 121 fhts And Protectim,c Ile ter it S('RA Servecmembcrs on "active duty" or "active service," or u spouse or dependent of such a servicemember may be enUUcd to certain legal protections and deb(rclief pursuant to the Scrvicemembers Civil Relief Act (50 USC App. §§ 501-597b) (SCRA). Who MAX Ile F.nlllled to I cgal I'rolcctlr n• tinder the SCItA's • Regular members of the 11.5. Armed Forces (Army, Nary, Air Force Marine Carps and Coast Guard). • Reserve and National Guard pm onel who have been activated and are on Federal active duty • National Guard personnel under a call or order to Active duty for more than 30 conseetilive days under section 502(Q of title 32, United Sates Code, for purposesof responding to a national emergency declared by the President and supported by Federal funds • Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Adm Irustmtion. • Certain United Stales citizens serving with the armed forces of a nation with which the United Slates is at tied in the proaecmion ora war or miIitery action. LYhat Ewan Praieclis s Are Servicente 1)rrc Entitled t o Under lite SCRA'+ • The SCRA ststesthata debtireunedbya servicemember, or servicemember and spousejointly, prior to entering military service shall not bear interest ata rate above 6 % during the perioduf military service and one year thereafter, in the case of an obligatimnor Itabilitycosis6ng of a rnorigage, trust dead, orotheraccunty in the nature ofaImngvgr ordudngdwpcdudofmi0lazyserviceintheeauofanyotherohligationorliabigty. • the SCKA states that in a legal action to enforce a debt against real estate that is filed during, or within one year a0er the scrvicemember's military service. a court may slop the proceedings fora period of time, or adjust the richt. In addiliun, theask, foreclsure, or seizure ofreal estete shall art he valid tfit occurs dunng or within one year efler the servicemember's military service unless the creditor has obtained a valid court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. Iloav Does A Servicemenlber or Deticndeut Itcaucst It II f Under the SCRA" In order to request reIiefunder the SORA from loans with interest rates above 6% a servicemcmher or spouse must provide a written request to the lender, together with a copy of the servicctmmber s military orders (Note: Lender should place its name, address, and contact information here.l There is no requirement under the SCRA, however, for a servicemember to provide a written notice or a copy of servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action Against real estate. Under ithese circumstances, lenders should inquire about the military status of ■ person by aearching the Department of Defost s Defenac Manpower Data Center's website, conducting the servicemember, and examining their files for indicia of military service. Although (here is no requirement for scrvicemcmbers 10 alert the lender of their military status in these situations, it still is a good idea for the servicemember to do so. I low Dues a Servicemember or, Dependent ll t hi Information About the SCCA • Scrvtcemcmbers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the - Armed Forces is available at ilUe;giggalassislnac<.Inw,l(_giiVFgn(cl!U�txale!t.pjip "Military OMSeura"is the U.S. Department ofDefcnae's information resource.IfymareliAtedasentitledm g a ( Q iegnN protections undo the SCRA (sx above), please go to vww j i gryltnecogreC.nl(V1cyn1 or call I -800- p s 742-9647 (toll free from the Unites States) to find out more information. Dialing instructions for areae outside f the &'qf States are provided on the website. r CM l— <C LloHUD-92070 cc U (1212014) m O an _ 0 N Pub r o 2018 AUG 10 4:27 PM JMMT ELERK OF DISTRICT CST OAK DALE BOULEVARD Pra h mPl, ATTORNEYS & COUNSELORS July 25, 2018 VIA CERTIFIED & U.S. MAIL Jon David Meester 5014 Ingersoll Ave Apt 203 Des Moines, IA 50312 Aecount/Loan Number: Property addresses: Current creditor/servicer name: Current creditor/servicer address: Mortgage dated: Accelerated Balance: Dear Mr. Meester: DEMAND FOR PAYMENT 46181103.1 924 Friendly Avenue, Iowa City, Iowa University of Iowa Community Credit Union 2355 Landon Rd., North Liberty, IA 52317 June 22, 2000 $66,940.39 SUITE 201 CORALVILLE, IOWA 52241 PHONE 319 35 12028 FAX 319-351-1102 N _ O PUGR*HAGAN.COM _O � < -fir— .. m n. The University of Iowa Community Credit Union as the owner and holder of your mortgage loan, 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 $ 66,334.41 Interest (thru 0720/2018; $5.2794/day thereafter) $ 530.23 Late Fees $ 75.75 ACCELERATED BALANCE $66,940.39 You must pay the accelerated balance within 14 days of the date of this letter or your property that is collateral for the loan may then be scheduled for foreclosure in accordance with the temps of the Mortgages and applicable state laws. If you have not paid the accelerated balance by August 8.2018, additional amounts may become due and payable under your promissory note and Mortgages. You have 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 accelerated balance is paid. Payment must be in the form of cashier's check, money order, or bank certified funds. You are further informed that federal law requires creditors of certain delinquent home loans to notify the home owner of the availability of homeownership counseling offered by the Creditor, as well as counseling services provided by counseling agencies approved by the U.S. Department of Housing and Urban Development. The Creditor does not offer any such counseling services. An original Iowa Mortgage Mediation Notice is enclosed. {00248759} E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Please contact your attorney if you have any questions concerning this matter You are further informed that federal law requires creditors to provide a written explanation of the mortgage and foreclosure rights ofservicemembers and their dependents under the Servicemembers Civil PeliefAet (50 U.S.C. App. 501 et seq.), on a form developed by the Department of Housing and Urban Development, the Department of Defense, and the Department of the Treasury. A copy of that written notice is enclosed with this letter. 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, University of Iowa Community Credit Union will only exercise its right as against the property and is not attempting to assess or collect the debt from you personally. This matter is very important. Please give it your immediate attention. Sincerely, —7;) N o — .y J. Frr,hm (00248759) C-) LLJ _Lc QLLJ t` Ji- -- U F— LL C-0 Q >- C -) >-C) F --Q U--�, go O_ 0 cv (00248759) E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice N 0 p You are receiving this notice because (1) your lender bell e7€e c c� that your mortgage is seriously delinquent, or (2) a forecl su —t petition was recently filed against you. The purpose of thislw' e is to inform you that help is available through Iowa Mortgag6Flp, _ rn a State of Iowa -sponsored program. :, 70 _ Q help 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 Iowa Mortgage Help.cDM. This free call could save your home. Iowa Mortgage Help 1-877-622-4866www.lowaMortgageHelp.com MortgageHel p.com anis notice is being plonded as required by bwa Code section 654.48(2). E -FILED 2018 AUG 10 4:27 PM JOHNSON - CL. ERK OF DISTRICT COURT Servicamembers CMI Relief U.S. Department of Housing OMB Approval 2502-8584 Act Notion Disclosure and Urban Development Exp 12/31/2017 Office of Housing , Scrvicemembcrs on "Active duly" or "acrive service." or a spouse or dependent of such a scrviamerdter may be entitled to Certain legal prolcchons and debt mlicfpursuant to the Scrvicementberd Civil Relief Act (50 USC App. §§ 501 597b) (SCRA). Who May Ile E111101 to l egsl 'ratectionsi Under the SCRA? • Regular members of the U.S. Armed Forces (Amy, Navy, Air Force Marine Corps and Coast Guard). • Rescrvc and National Guard personnel whu have been activated and are on Federal active duty • National Guard personnel under a cal I or order to active duty for more then 30 Consecutive days under section 503(Q oftitic 32, United States Code, fur purposes afresponding to a national emergency declared by the president and supported by Faicral funds • Active service members of the commissioned corps of the Public Health Service and the National Oc rmicsnd Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United Slates is allied in the prosecution of a war or mllitam action. Wbai Isonal Protectinnc Ar • Ss•rMccu •n I • Entitled T Under tire SCRA? • The SCRA stales that a debt incurred by aervicememba, or servicemember and spouse j ointly, prior to entering military acrvice shall not bear interest at a rate above 6 %during the period ul military service and one year thereafter, in the cast ofan obliga0onor liability consisting ofa mortgage, bust dead, or ad= security in the nation: oft mortgage, or during the period ofmibtaryservice in the case of Any other obligation or liandiry. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one year ager the servicemember's military service, a coun may atop the proceedings for a period of time, or adjust the debt. in addition, the sale, foreclosure, or seizure of real estate shall not he wIid if it occurs during or within one year after the wmicememher's mi Ii lacy service unless the creditor has obtained a valid Court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. In order to request relief under the SCRA from loans with interest rates above 6% a servieemember or spouse mon provide a written request to the Walde, together with a copy of the ,mxC,,mbcr,s military orders. (Note: Lender should place its name, address, and contact information hem.) There is no requirement under the SCRA, however, for a servicemember to provide s written notice or a copy ofa servicemembePa military orders to the lender in Connection with a foreclosure or other debt enforcement action against real estate. Under these circurnstances• lenders should inquire about the military status of a person by searching the Department of fhfensc's Defense Manpower Data Center's website, contacting the serviccmcmber, and examining their ties for mdicia of military service. Although there is no requirement for .scrvicemembcm to den the lender oftheir military status in these situaion% it still is a good idea for the semicemembcr to do so. WWI "1?ITi7,Tn7wt)rmrrvnT 10191 .a Servieem malar and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance ORccr. A military legal assistance office locator for all branches of the Armed Farces is available el)Alp;(Jugale"lijillnce.law.Af_mi.�/gQlllc2i/yh4glur. t(_Itp a c`v • "Military OncSource" is the U. S. Department of Defense's information resowcc. Ifyou arc listed to entitled to legal protections under the SCRA (ace above), Please go to wsvw.mtlilpryQy:_wt(Cpp_tryilfisgal or call 1-800- 142-9647 (toll free from the Unites Stalcs) to find out more information. Dialing instructions for areas outside the United Stated are provided on the website. form HUD -12070 (1212014) FILED 2018 AUG 10 4:27 PM JOFiFbi ; - CLERK OF DISTRICT COURT O Mortgage Mediation Notice n tin You are receiving this notice because (1) your lender believes -' rn that your mortgage is seriously delinquent, or (2) a foreclosure ' X 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. held 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. N O C The fact that a foreclosure petition may be or has been filed against You does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866w.IowaMortga www.lowa Mortgagees elp.com This notice is being provided as required by Iowa Code section 654.4B(2). �11 A 3 E -FILED 2018 AUG 10 4:27 PM JOHFfSi3( ITIRK OF DISTRICT COURT This notice was prepared and signed at CHICAGO, IL on this, the 20th day of _ May 2010 Signature A Titl RS�/SNUE OFFICER 24-10-1314 for MARTHA VOSS (563) 328-4424 (NOTES CerlRleate of officer authodmd by law to take acknowledgment is not essential to the validity of Notice of Federal Tex Ilen Rev. Rul. 71-466,1971. 2 C.B. 4091 Part 1 - Kept By Becerdate OIBce Form 666(Y)(c) lRev. 2-2004) CAT. NO 80025K 3351 Department of the Treasury - Internal Revenue Service Fens she (20 Notice of Federal Tax Lien qev. February 10004141 Area: Serial Number For Oplional Uw by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA d4 Lien Unit Phone: (800) 913-6050 658341110 aa pp As provided by secdon 6321, 6322, and 6323 of file Internal Revenue Code, we are giving a notice that taxes (Induding interest and penalties) Doe 10: 021899320001 Type: GEN have been assessed against the following -named taxpayer. We have made Moorded; 06/S TAX 01/2010 at 04:17;10 Pt a demand for payment of this liability, but It remains unpaid. Therefore, Pee Aort: 49.00 Pace 1 of 1 there Is a Ben in favor of the Linked States on all property and rights to Me Pointer county Recorder property belonging to this taxpayer for the amount of these taxes, and eK4596 P°578 additional penalties, Inth Interest, and costs at may, accrue. / Name of Taxpayer PET CENTRAL STATION INC, a Corporation ABOVE AND BEYOND PET CARE (� Residence 611 SOUTHGATE AVE IOWA CITY, IA 52240-4462 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e1, this notice shell, on the day following such date, operate as a certificate of release as defined in IRC 6326(a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refilling of Assessment a b) c (d) (e 941 12/31/2009 20-1051361 04/05/2010 05/05/2020 1411.74 LC Q J� UV J ' n LL tp CD 0 N Place of Filing JohnBOn County Recorder Johnson Courthouse Total $ 1411.74 Iowa City, IA 52240 This notice was prepared and signed at CHICAGO, IL on this, the 20th day of _ May 2010 Signature A Titl RS�/SNUE OFFICER 24-10-1314 for MARTHA VOSS (563) 328-4424 (NOTES CerlRleate of officer authodmd by law to take acknowledgment is not essential to the validity of Notice of Federal Tex Ilen Rev. Rul. 71-466,1971. 2 C.B. 4091 Part 1 - Kept By Becerdate OIBce Form 666(Y)(c) lRev. 2-2004) CAT. NO 80025K f E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Form 668 (Y)(c) Department of the Treasury - Internal Revenue Service tRe,. Februw 20041 Notice of Federal Tax Llen cored: Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #4 Lien Unit PhOne: (800) 913-6050 697631010 As provided by section 632t, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (Including Interest and penalties) have been assessed against the following -named taxpayer, We have made a demand for payment of this liability, but It remains unpaid. Therefore, there is a lien In favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. flame of Taxpayer PET CENTRAL STATION INC, a Corporation ABOVE AND BEYOND. PET CARE Residence 611SOUTHGATE AVE IOWA CITY, IA 52240-4462 BK4651 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is rafted by the date given In column iel, this notice shall, on the day following such date, operate as a certificato of release as defined In IRC 6325(a), Tax Period Date of Last Day for Kind of Tax Ending Identlfying Number Assessment Refiling 941 103/31/20101 20-1051361 Place of Filing Johnson County Recorder Johnson Courthouse Iowa City, IA 52240 14/2010 07/14/2020 Total I $ 01 Type: GEN at 11:26:18 AN 1 of 1 F Ev Unpaid Balance of Assessment 1819.03 1819.03 This notice was prepared and signed at CHICAGO, IL , on this, the Oath dayof September 2010 Signature A Title RBVMWE OFFICER 24-10-1314 _for MARTHA OSS (563) 328-4424 (UM Clagi bete of afaotr 4uf AWd by low to take aaknowledsm4nt Is not essential to the validity of Notice of Federal To. lien Rev. Rul. 71.468. 1671.2 CA. 4o81 Part I. t Book: 4W -16t`• 1y4wl)(F824t- :1 �� tiAT. NO 80025x E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT Form 668 (T)(c) Department of the Treasury - Internal Revenue Service (Rev. February 20041 Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA 44 Serial Number For Optional Use by Recording Off(ce Lien Unit Phone: (aco) 913-6050 761990011 IaIIYIWYI nII IIpY11IAI�IN lal lk,llprfaflllp �I �I YNI II IInItlNIYIN BWIIWnI 1AlI1lE6"NI IBIIAl IR�11711N1 As provided by section 6321, 6322, and 6323 of the Internal RevenueDOC Code, we are giving a notice that taxes (Including Interest and penalties) Type: 0EN have been assessed against the following -named taxpayer. We havemade K1nd1DUS TAx2LIEg90001 Recorded: 03/11/2011 at 10:09:29 a demand for payment of this fiablllty, but It remains unpaid. Therefore, Fab Amt: Iowa 1 of 1 there is a Ilan In favor of the United States on all property and rights to Kim Painter Countv Recorder property belonging to this taxpayer for the amount of these taxes, and 914730 Pe483 additional penalties, Interest, and costs that may accrue. Name of Taxpayer PET CENTRAL STATION INC, a Corporat on ABOVE AND BEYOND PET CARE Residence 611SOUTHGATE AVE IOWA CITY, IA 52240-4462 IMPORTANT RELEASE INFORMATION: For each assessment lined below, unless notice of the lien is refiled by the date given in cgbmn tellthis sdefiha!! 'ne,lee on the day following such date, opcertificate operate ase ctificate of release as ned' in IRC 6325(a). Kind of Tax Tax Period Ending Identifying Number Date of Assessment Last bay for Refiling Unpaid Balance of Assessment a (b) e d e 1120 12/31/2009 20-1051361 11/22/2010 12/22/2020 2C7.00 6721 12/31/2007 20-1051361 10/25/2010 11/24/2020 9924.14 941 06/30/2010 20-1051361 09/27/2010 10/27/2020 2122.75 941 09/30/2010 20-1051361 01/03/2011 02/02/2021 296.14 r.. C t� I LJ %_ t.L U< CD Place of PINfiW Johnson County Recorder Johnson Courthouse Total $ 12610.03 Iowa City, IA 52240 This notice was prepared and signed at CHICAGO, IL on this, na the 02nd day of March 2011 Signature Title REVENUE OFFICER 24-10-2530 for MARK R SCHROEDBR (515) 564-6693 (NOTB: Cartlficate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tex lien Rev. Rul. 71 466, 1971 -2 C.B. 409) Book: 4V.A96(>8,xas 3* (F"3-1ftq: 1 Pan 1 -Kept By Recordlnt ORI« CAT. NO 80025x E -FILED 2018 AUG 10 4:27 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, VS. TAMMARA JO BAKER f/k/a TAMMARA JO MEESTER, JON DAVID MEESTER, R3M LLC, PAMELA JEAN TIEDT, DANIEL LEE TIEDT, CITY OF IOWA CITY, IOWA, THE BREESE CO., INC., IOWA DEPARTMENT OF REVENUE, CITIBANK, N.A., BEBT PC d/b/a EMERGENCY VETERINARY SERVICE, DAMON CHASE SHUTT, PRO PLATINUM TRANSPORTATION LLC, CITY OF CORALVILLE, IOWA, STATE OF IOWA, UNITED STATES OF AMERICA ON BEHALF OF THE INTERNAL REVENUE SERVICE & PARTIES IN POSSESSION, TO THE ABOVE-NAMED DEFENDANTS: Case No. EQCV ORIGINAL NOTICE 0 Z r— m M s w 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: Ryan J. Prahm of Pugh Hagan Prahm, PLC whose address is 425 E. Oakdale Blvd, Suite 201, Coralville, Iowa 52241. The attorney's telephone number is 319-351-2028; facsimile number 319-351-1102. Be advised that this case has been filed in a county that utilizes electronic filing. Please see Iowa Court Rules Chapter 16 for general rules and information on electronic filing. Please see Chapter 16, Division VI for information regarding the protection of personal information in court filings. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time, thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. crZ (00247190} Cli c Q_kr<.s}y� E -FILED 2018 AUG 10 4.27 PM JOHNSON - CLERK OF DISTRICT COURT If you need assistance 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 at 1-800-735-2942. Disability coordinators cannot provide legal advice. IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 1002471901 r . d r W X00 r` VCM /'--�- V Q cW /cj L�. �J O N 1002471901 ' E -FILED 2018 AUG 13 2:25 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Case No EQCV080152 County Johnson Case Utle UICCU V. TAMMARA JO BAKER, ET AL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore, unless the attached Petition and Onginal 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:lt v .i owacourts.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: htto7/www.iowacourtsstate .ia. us/Efle FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: httoYhwnv.iowacourts.state .is.uslFfile 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.) Datelssued 08/13/2018 02:25:13 PM District Clerk or Johnson County /s/ Wendy Lonngren N O C> m ?} cerci _ -3 �tiJ r END OF CASE FILE E -FILED 2018 SEP 27 12:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNA GARDNER, ) Plaintiff, ) LAW NO. vs ) ORIGINAL NOTICE BRICE MAREN, and CITY OF IOWA CITY ) Defendants. ) TO THE ABOVE NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above -entitled action, a copy of which petition is attached hereto. 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 for the court, you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at httn://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: htto://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURTS RULES CHAPTER 16: htto://www.iowacourts.state.ia.us/Efile The Plaintiff's attorney is Benjamin P. Long whose address is Suite 1140, 425 Second Street SE, Cedar Rapids, Iowa, 52401 (319) 365-9200. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter e -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. If you need assistance to participate in court due to a disability, call the disability coordinator at (319)398-3920 ext. 1100 and ask for Carroll Edmondson. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. (SEAL) CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 r.� r NOTE: The attorney who is expected to represent the defendant should be promptly advisW bye degdan"n of the service of this notice. — c, C'� C-.) 'r w rrla m = :r = = 0 v c \ N LlC} �-y�)((VlcGkris�� E -FILED 2018 SEP 27 2:53 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY C.,,, N° LACV080264 Cour,ry Johnson Case Ttie JENNA GARDNER V. BRICE MAREN 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 hdo://www.iowaeourts.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: httpy/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) 3983920 . (If you are hearing impaired, call Relay Iowa TTY at 1.900.736-2942.) Data Issued 09/27/2018 02:53:08 PM District Clerk of Johnson /s/ Wendy Lonngren N E5 m� O y n� I 1 r rn rn ax z== _ County 0 tV 2H E -FILED 2018 SEP 27 12:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JENNA GARDNER, ) Plaintiff, ) LAW NO. vs ) PETITION AT LAW AND JURY DEMAND BRICE MAREN and CITY OF IOWA CITY ) Defendants. ) PLAINTIFF, for her cause of action against Defendants, state as follows: COMMON ALLEGATIONS At all times material hereto, Plaintiff Jenna Gardner was a resident of Iowa City, Johnson County, Iowa. 2. At all times material hereto, upon information and belief, Defendant Brice Maren was a resident of Iowa City, Johnson County, Iowa. At all times material hereto, Defendant City of Iowa City was a recycling company doing business in the state of Iowa. 4. At all times material hereto, upon information and belief, Defendant Brice Maren was an employee of Defendant City of Iowa City. At all times material hereto, upon information and belief, Defendant Brice Maren was an agent of Defendant City of Iowa City, acting with actual or apparent authority. 6. At all times material hereto, Plaintiff Jenna Gardner was the owner and operator of bicycle. At all times material hereto, Defendant City of Iowa City was the owner of a 2015 Freightliner M2 106 truck bearing Iowa license plate number 120727. 8. At all times material hereto, Defendant Brice Maren was operating the aforementioned 2015 Freightliner M2 106 truck with the knowledge and conserrof thegWner1-n gn City of Iowa City. D- n �m = M o: _ CD N E -FILED 2018 SEP 27 12:23 PM JOHNSON - CLERK OF DISTRICT COURT 9. On or about November 4, 2016, at approximately 12:55 p.m., Defendant Brice Maren was traveling Eastbound on Kirkwood Avenue, approaching S. Gilbert Street in Iowa City, Iowa. 10. At the aforementioned time and place, Plaintiff Jenna Gardner was riding her bike, going Eastbound on the sidewalk on the South side of Kirkwood Avenue, approaching S. Gilbert Street in Iowa City, Iowa. It. At the aforementioned time and place, Defendant Brice Maren continued to tum right onto S. Gilbert Street, did not wait for Plaintiff Jenna Gardner to cross the street, causing Plaintiff to collide with side of Defendant's truck. 12. Plaintiff Jenna Gardner sustained injuries and damages as a result of the collision. 13. Defendant Brice Maren was generally and specifically negligent in the operation of the vehicle described in paragraph eight (8), including, but not limited to the following particulars: a. Failure to yield to persons in a crosswalk; b. Failure to maintain a proper lookout; c. Failure to act as a reasonable driver under the circumstances; d. Other manners which may become known through the course of discovery. 14. The amount in controversy exceeds jurisdictional minimums. COUNT Plaintiff Jenna Gardner, for her cause of action against Defendant, Brice Maren, states as follows: 15. Plaintiff repleads paragraphs 1 through 14 as if fully set forth herein. 16. Defendant Brice Maren's negligence was a cause of the collision with Plaintiff Jenna Gardner. 17. Defendant Brice Maren's negligence was a cause of the injuries and damages suffered by Plaintiff Jenna Gardner. 18. As a result of the negligence of Defendant Brice Maren, Plaintiff Jenna Gardner has suffered and will in the future continue to suffer injuries and damages N WHEREFORE, Plaintiff Jenna Gardner, prays for judgment against Defendant, Nice Maren, in an amount that will fully, fairly and adequately compensate her for thr;65ri'd { C-) -< =i n w m n^ M D o N E -FILED 2018 SEP 27 12:23 PM JOHNSON - CLERK OF DISTRICT COURT damages resulting from this collision, together with interest as provided for by law, the costs of this action, and such other and further relief as is just. COUNT H Plaintiff Jenna Gardner, for her cause of action against Defendant City of Iowa City, states as follows: 19. Plaintiff repleads paragraphs 1 through 18 as if fully set forth herein. 20. Defendant, City of Iowa City, is liable for the negligence of Defendant Brice Maren and the resulting damages, as set forth in Count I, pursuant to Iowa Code Section 321.493. 21. Defendant, City of Iowa City, is liable for the negligence of Defendant Brice Maren and the resulting damages, as set forth in Count I, pursuant to the common law of respondeat superior. 22. Defendant, City of Iowa City, is liable for the negligence of Defendant Brice Maren and the resulting damages, as set forth in Count I due to Defendant, City of Iowa City's principal -agent relationship with Defendant Brice Maren. WHEREFORE, Plaintiff Jenna Gardner, prays for judgment against Defendant City of Iowa City, in an amount that will fully, fairly and adequately compensate her for the injuries and damages resulting from this collision, together with interest as provided for by law, the costs of this action, and such other and further relief as is just. JURY DEMAND Plaintiff requests a jury trial on all issues triable to a jury. /s/Benjamin P. Long Benjamin P. Long AT0010155 RICCOLO, SEMELROTH & HENNINGSEN, P.C. 425 Second Street SE Suite 1140, Plaza 425 Cedar Rapids, Iowa 52401 Phone: 319-365-9200 0 Fax: 319-365-1114 n o 171 blong@.fightin@forfairness.com ATTORNEYS FOR THE PLAINTIFF c-) w r M �m A Original filed 0 N END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CARRINGTON MORTGAGE SERVICES, LLC, Plaintiff, V. JUAN NEUTZE ET AL, Defendants. No. EQCV079296 DEFENDANT JUAN NEUTZE AND ADRIANA NEUTZE'S RESISTANCE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COMES NOW, Defendants Juan Neutze and Adriana Neutze, by and through their undersigned counsel, jointly file their Resistance to Plaintiff s Motion for Summary Judgment. For the reasons stated in the accompanying Brief in Support and Response to Statement of Undisputed Facts, Defendants request the Court deny Plaintiff s request for summary judgment, assess costs to the Plaintiffs, and for such other relief deemed equitable by the Court. Copy to: Rodney Kleitsch 1401 S& Street, Suite 100 West Des Moines, IA 50266 cc-. {02454462.DOCX) /s/Laura M. Hver LAURA M. HYER (#AT0011886) Direct Dial: (319) 861-8742 m Email:lhyer@bradleyriley.com a, of *c? BRADLEY & RILEY PC --4 . 2007 First Avenue SE 2007 P.O. Box 2804 _Grn V M Cedar Rapids, IA 52406-2804 0;v Phone: (319) 363-0101 *VK c Fax: (319)363-9824 r Attorneys for Defendants CA-�to��+ar.) CA (f'ACCbrtsl Cach, LLC c/o Corporation Service Company 505 516 Avenue, Suite 729 Des Moines, IA 50309 City of Iowa City, Iowa c/o City Clerk 410 E. Washington Street Iowa City, IA 52240 L&M Accounts, Inc. c/o Larry Vanert 4003 36t6 Avenue CT Moline, IL 61265 PFM, LC c/o Curtis G. McCormick 808 13i6 Street West Des Moines, IA 50265 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of this document was served upon the persons listed on this document at the addresses indicated by EDMS electronic notification or by enclosing the same in an envelope with postage fully paid and by depositing said envelope in a United States Post Office depository this 11th day of June, 2018. I declare under penalty of perjury that the foregoing is true and correct. /s/ Janet Prtvratskv (02454462.DOCX) N 0 o� m C —r— C)"� N 1 �< rrri a rn = 0 C:) r IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY CARRINGTON MORTGAGE SERVICES, LLC, Plaintiff, V. JUAN NEUTZE ET AL, Defendants. No. LACL139582 DEFENDANT JUAN NEUTZE AND ADRIANA NEUTZE'S BRIEF IN RESISTANCE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COMES NOW, Defendants Juan Neutze and Adrian Neutze, by and through their undersigned counsel, and for their Brief in Resistance to Plaintiffs Motion for Summary Judgment, state as follows: Plaintiff, Carrington Mortgage Services ("Carrington"), is not entitled to summary judgment in its favor. Plaintiff has failed to comply with numerous statutory provisions, is not entitled to enforce the note, and a genuine dispute exists as to the amount owed. A. PLAINTIFF HAS NOT COMPLIED WITH THE MORTGAGE. Adrian Neutze is a party to the Mortgage, but not the Note. (Statement of Undisputed Material Facts "SUMF", ¶ 11.) The Mortgage defines a `Borrower" as Juan Neutze an&Adrian Neutze. (SUMF 112.) Paragraph 22 of the Mortgage requires that the lender sh§Rvelptice following Borrower's breach, but Borrower prior to acceleration, that includes, g Mer rn =gym = things, the default, action that must be taken to cure the default, and the deadlinjjj kN $j 13Q It is undisputed Plaintiff did not send a notice to cure to Adriana Neutze. (SUMF 114.) r Therefore, Plaintiff has not complied with the terms of the mortgage it seeks to enforce and cannot maintain its action for foreclosure. (02454476.DOCX) B. PLAINTIFF HAS NOT COMPLIED WITH 15 U.S.0 § 1692g. The Notice of Acceleration sent to Juan Neutze does not comply with 15 U.S.C. § 1692g the Federal Fair Debt Collection Practice Act. Section 1692g requires that the initial contact from a 3' party debt collector, here Plaintiff's counsel, include: (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies 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 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; and (5) a statement that, upon the consumer's written request within the thirty -day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 15 U.S.C. § 1692g. The Notice of Acceleration does not include any of the above statements. (SUMF 115.) Because this is a residential mortgage foreclosure action and Plaintiff is engaging in behavior contrary to the Fair Debt Collection Practices Act, it has unclean hands and the Court should not allow Plaintiff to proceed with this action. C. PLAINTIFF FAILED TO COMPLY WITH IOWA CODE § 654.4B. N O Iowa Code § 654AB requires that a color copy of the Attorney General' ->::; ng agd �,' mediation form be mailed by ordinary mail to the owner along with the notice Qq&elerationr -<r- and and also be served on the owner with the original notice and petition seeking fo S4 IONM :*=.: Code § 654.4B(2). Plaintiff has not complied with this requirement. The affidaa is of vice Z, reflect that Juan and Adrian Neutze were served with the Original Notice, Foreclosure Petition, and Exhibits. (SUMF 116.) While the notice is attached to Plaintiffs Exhibit E, it is not a color (0245"76.DOCX) copy, as required to comply with the Code. Therefore, Plaintiff has failed to comply with Iowa Code § 654.413 and should not be granted the relief it Seeks. D. PLAINTIFF HAS NOT COMPLH:D WITH IOWA CODE § 654.20(1). Iowa Code § 654.20(1) sets out the requirements for using foreclosure without redemption. The Code sets forth the exact language that must be used, even specifying the font type and print size. Plaintiffs Petition varies from the language required by § 654.20(1). (See Foreclosure Petition, filed September 8, 2017.) Therefore, Plaintiff is not entitled to foreclosure without redemption. f�7 �lll � �i7I:CN;4•�TI l7:\�I �J I�e� Plaintiff lacks standing to enforce the Note and Mortgage because it is not the holder of either. The Note was originally granted to Iowa State Bank and Trust Company. (SUMF 117.) The Note was assigned from Iowa State Bank and Trust Company to Countrywide Document Custody Services, a division of Treasury Bank, N.A. (Id.) The Note was then assigned to Countywide Home Loans, Inc. (Id.) Finally, the Note was assigned in blank. (Id.) Plaintiff has included with its Motion for Summary Judgment an affidavit from the Vice President at Carrington Mortgage Services, LLC, Elizabeth Osterman. This affidavit contains at N least one untrue statement and calls into question whether Ms. Osterman has arg actut g� knowledge whatsoever of the chain of possession of this Note. For instance, path_ f the affidavit stating that "Carrington Mortgage Services, LLC or Carrington Mortgogerces, ^^M LLC through its agent, was in possession of the Note at the time of filing this a§85arEat ally+ 0 F times thereafter." (Plaintiff s Exhibit C to Motion for Summary Judgment, 13.) The Plaintiffs March 23, 2018 Motion for Order Substituting Party Plaintiff directly contradicts this: "At the (02454476.DOCX) time this action was filed, the note and mortgage were held by Bank of America, N.A." (March 23, 2018 Motion for Order Substituting Party Plaintiff, ¶ 2.) Plaintiff s affiant clearly has no direct knowledge of the chain of custody of this Note and her affidavit should be viewed with an immense amount of skepticism. Therefore, a genuine issue of material fact exists as to whether Plaintiff is the holder of the Note and summary judgment should be denied. The Mortgage was originally granted to Iowa State Bank and Trust Company. (SUMF ¶ 18.) On March 31, 2005, Iowa State Bank and Trust Company assigned the Mortgage to Countrywide Home Loans, Inc. (Id.) Inexplicably on that same date, Iowa State Bank and Trust Company also assigned the Mortgage to Countrywide Document Custody Services, a division of Treasury Bank, N.A. (Id.) On December 7, 2015, Countrywide Document Custody Services, a division of Treasury Bank, N.A. purported to assign the Mortgage to Bank of America, N.A. (Id.) Because Iowa State Bank and Trust Company assigned the mortgage to two different assignees on the same day, there is a genuine issue of material fact with respect to whether Countrywide Document Custody Services, a division of Treasury Bank, N.A. was the holder when it purported to assign the Mortgage to Bank of America, N.A. F. A GENUINE ISSUE OF MATERIAL FACT REMAINS WITH RESPECT r0 THE AMOUNT OWED. 1. The Amount Demanded Includes an Invalidly Accelerated Balance�-< w r -<r— n. Because Adriana Neutze did not receive a Notice of Right to Cure and �otim of 0 Acceleration violated the Fair Debt Collection Practices Act, Plaintiff s purported accipration is invalid. Consequently, the amounts demanded in Plaintiffs Petition and Motion for the entire sum due cannot be accurate because the balance has not been accelerated and a genuine issue of material fact exists as to the amount owed. (02454476.DOCX) 4 2. Plaintiffs Affidavit for Attorney's Fees Includes Entries for E -Filing Documents Which Were Never E -Filed. The amount demanded by Plaintiff includes attorney's fees. The Affidavit in support of these fees includes an entry for "Draft Praecipe for Special Execution and attention to efiling the same." This cannot be accurate because no precipe has ever been filed in this case. Therefore, the amount demanded by Plaintiff, which includes these attorney's fees, is inaccurate. WHEREFORE, Defendants Juan and Adriana Neutze request the Court deny Plaintiff s Motion for Summary Judgment. /s/Laura M. Hver LAURA M. HYER (#AT0011886) Direct Dial: (319) 861-8742 Email: lhyer@bradleyriley.com of BRADLEY & RILEY PC 2007 First Avenue SE P.O. Box 2804 Cedar Rapids, IA 52406-2804 Phone: (319) 363-0101 Fax: (319)363-9824 Attorneys for Defendants Copy to: Rodney Meitsch 1401 5CP Street, Suite 100 West Des Moines, IA 50266 Cach, LLC c/o Corporation Service Company 505 5'" Avenue, Suite 729 Des Moines, IA 50309 City of Iowa City, Iowa c/o City Clerk 410 E. Washington Street Iowa City, IA 52240 102454476.DOCX} 0 v._., n -t j -<r— rn 00 sx 0 W r_ C= z L&M Accounts, Inc. c% Larry Vanert 4003 36th Avenue CT Moline, IL 61265 PFM, LC c/o Curtis G. McCormick 808 13d' Street West Des Moines, IA 50265 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of this document was served upon the persons listed on this document at the addresses indicated by EDMS electronic notification or by enclosing the same in an envelope with postage fully paid and by depositing said envelope in a United States Post Office depository this 11th day of lune, 2018. I declare under penalty of perjury that the foregoing is true and correct. ls/ Janet Privratskv {02454476.DOCX} N O L7 m p rn r, o� o 3�11 CD C' IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CARRINGTON MORTGAGE SERVICES, LLC, Plaintiff, V. JUAN NEUTZE ET AL, Defendants. No. EQCV079296 DEFENDANT JUAN NEUTZE AND ADRIANA NEUTZE'S RESPONSE TO PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS AND STATEMENT OF ADDITIONAL MATERIAL UNDISPUTED FACTS COMES NOW, Defendants Juan Neutze and Adrian Neutze, by and through their undersigned counsel, and in response to Plaintiff's Statement of Undisputed Facts, state as follows: Undisputed. 2. Undisputed. 3. Undisputed. 4. Undisputed that the Note was endorsed in blank. Undisputed that true and correct copies purporting to assign the Mortgage ate attached to Plaintiff's Petition asgxhibi". ZE� -n Disputed that the Mortgage was validly assigned. (See ¶ 18, below.) �- ,�n N 5. Disputed. (See ¶¶ 17-18, below.) [m A M 6. Undisputed. s y' o c 7. Undisputed that Juan Neutze has not made all of the required payments. Disputed that Plaintiff has complied with all condition precedent for payment. 8. Disputed. (See ¶¶I 1-16, below; Plaintiff's Application for Attorney's Fees.) (02454463.Docx) 9. Disputed to the extent Plaintiffs contend Defendants were required to set forth evidence in their answer. 10. This statement contains legal argument which is disputed. Defendants do not dispute that Plaintiff sent the correspondence labeled Exhibit G. Statement of Additional Undisputed Material Facts 11. Adriana Neutze is a party to the Mortgage, but not the Note. (Compare App. pp. 1-2, with App. pp. 3-11.) 3.) 12. The Mortgage defines as `Borrower" as Juan Neutze and Adrian Neutze. (App. p. 13. Paragraph 22 of the Mortgage requires that the lender shall give notice to following Borrower's breach, but Borrower prior to acceleration, that includes, among other things, the default, action that must be taken to cure the default, and the deadline. (App. p. 9.) 14. Adriana Neutze was not provided with a Notice of Right to Cure. (App. p. 16-23.) 15. The Notice of Acceleration does not provide all of the statements required by 15 U.S.C. § 1692g. (App. pp. 24-27.) 16. Neither Juan nor Adriana Neutze were served with a color copy Zthe ARrney C3 an General's counseling and mediation form. (App. pp. 26-31.) a 1 _-T, ;C-) rV (' 17. The Note was originally granted to Iowa State Bank and Trust Cq�anys(Apl aim = 1.) The Note was assigned from Iowa State Bank and Trust Company to CounttaTdeIS cu 0 Custody Services, a division of Treasury Bank, N.A. (App. p. 2.) The Note was then assigned to Countywide Home Loans, Inc. (App. p. 2.) Finally, the Note was assigned in blank. (App. p. 2.) 102454463.DOCX) 18. The Mortgage was originally granted to Iowa State Bank and Trust Company. (App. p. 3.) On March 31, 2005, Iowa State Bank and Trust Company assigned the Mortgage to Countrywide Home Loans, Inc. (App. p. 12.) On March 31, 2005, Iowa State Bank and Trust Company also assigned the Mortgage to Countrywide Document Custody Services, a division of Treasury Bank, N.A. (App. p. 13.) On December 7, 2015, Countrywide Document Custody Services, a division of Treasury Bank, N.A. purported to assign the Mortgage to Bank of America, N.A. (App. p. 14-15.) /s/Laura M. Hver LAURA M. HYER (#AT0011886) Direct Dial: (319) 861-8742 Email: lhyer@bradleyriley.com of BRADLEY & RILEY PC 2007 First Avenue SE P.O. Box 2804 Cedar Rapids, IA 52406-2804 Phone: (319) 363-0101 Fax: (319)363-9824 Attorneys for Defendants Copy to: Rodney Kleitsch 1401 5e Street, Suite 100 West Des Moines, IA 50266 Cach, LLC c/o Corporation Service Company 505 5'h Avenue, Suite 729 Des Moines, IA 50309 City of Iowa City, Iowa c/o City Clerk 410 E. Washington Street Iowa City, IA 52240 102454463.DOCX1 N O d L c Z L a 3 0 r n M 0 L&M Accounts, Inc. do Larry Vanert 4003 36th Avenue CT Moline, IL 61265 PFM, LC do Curtis G. McCormick 808 13'b Street West Des Moines, IA 50265 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of this document was served upon the persons listed on this doc rnent at the addresses indicated by EDMS electronic notification or by enclosing the same in an envelope with postage fully paid and by depositing said envelope in a United States Post Office depository this I 1 th day of June, 2018. I declare under penalty of perjury that the foregoing is true and correct. /a/ Janet Privratskv {02454463.DOCXj 4 N o_ O n m C _Gm a ri cn {02454463.DOCXj 4 E•FILED 2017 SEP 08 1:14 PM JOHNSON —CLERK OF DISTRICT COURT NOTE Mardi 31, 2005 Iowa City Iowa [Data] [City) / [Simi 1927 Graatwood St. Iowa Qty, IA S2z46 L EORROWER'S PROMISE TO PAY Inresult turn bon lhatlhaw received, Iprortute to pay US.395000A0Z (this anoeaW called mltindpar),plus inderecl, m tM order of the Lander. The Inde it loma State Bmmk ee[ 7yad CamenimY . I Will m do All paymcatt order this Note in she form of cash, check a money order. I understand the the lender maytrancfu this Note. The Landaror anyone wbotaims this Non, byemufer ad who is entitled to mules pgyrmarts under (his Note is called the "Nom RoWu." 2. BVTBRESIT ImcestwNi be chagrd on unpaid oeeipal until gw fuN amoamofAineipal hot bean paid. I will pay interest ma yealyrateef 5375 71minterestra required by this Section 2 is ft rail MTlpeybutb before and of anydatault doaibed in Section 6(B)ofthh Note. 3. PAYMENTS (A) Time and Plan of Payments / I will payprinclpal and ineerat by making a paymcmcvmytmnth. 1 nn71 muse my monthly payment on the id dry ofeach month bcgimting on Mmylal , M .Iwill make throe payments awry mouth rrra0 l have paid ali foe principal u man est and myodaa charges elascrfbed below thin may owe oder this Note, Bach monthly payment will applied as of i5 seLedulad due dam and will be applied to immut before Principal. If,m April 20M I tu1owe amount, under this Nam,iw0lpaysnogartnuaaIBM on that sett, whist is called the, "Maturity Die." I will make my monthly payr ams a 325 South Clinton St PO Bmr 11430 Islas City, lA 52244 art adiSuent place if regasree lythe Note Adder. Payments . it ft manage of U.S. S537.57 P COAV we due A= of Principal co)y a known a a ng dutIone tloingaa Imayeo[dedg®mapmynmtm i Preoavmenl chum The Note H.1der, will um neer exctc&dpern iaed lindts trio be refunM.d m ma. The N=Hokkr my quote to nuke this Yeland byteducdgg thePdpcipalIvAm under h Nae or by meting a direct paym at to mr. If a refund reduce Principal, the reduction will be trea"p C Proayna enc G BORROWRB'SFAUURETOPAYASREQUIOM (A) Late Charts for Overdue Payments lf[kNa2Eo!duha mwmcedvedthefuN="tofuymaoNlypeym bytbewdof IS ®koderlaye �m date it la due, l will pays late chargcgOw Note dnMer. The sawwtrffaccharte will be 5.0009bofmyo I will this lamdarge rum m oslycmdl Ws mt t�t�� pri Baltudi�ntorrst. PAY Promptlybm pnym as g at iTl ireyWeorDfulNloumcfeach mushily payment on the daze It is due,I will be b ddaWt la IN&not f onto default the Nut Hoalermp'seud roc a written ounce Who me tlatlfl do wtpm'llwawdueemouufbb'vyaaytain•• data hie NomEddumnyleduiro melp payhmoediately the full ammmtxpgpAWhKh het notbom paid and all tbeml actilatb doe: net reguuame{o'PWilbmedtmmly in full as desen'bed abovq the t ss a Imu WnC.. i folk as dctatbbd ibowe de Kate HWdd will have therightbbepud Note title uEmtnotpmh(bitedby applicable law. Thdaeezpeasea tics Ilut must bogiven some under this Nom will begtwn bydel�'�v�g rest slow crm adia ndLeda«.. Blgiw theNde Holder a mhceof MY dl Nom, includ obliaald to m arthis Nob, ainLi6TA'feFIDD an'[P.HOTr�abr,hn¢-F'amtcMrrlPrtCae nls Utf60lftd alSlRlla�r sums%0 1RI (urpeJgf: pro) EXHIBIT "A" App 1 E -FILED 2017 SEP J$ 1:14 PM JOHNSON - CLERK IfISTRICT COURT e�lmteech FFenno individually or n�iastall o(m rogetlte. This sewn chit anyone oft¢ mryh mquved to pay W otthe amounts owed ander o�it Now 9. WAIVERS I and mry odror ul o has obu tions under this Nae waive the righty of Pmentnent and Notice M Dlthoeor. .Pima. mematlte right to require the mtknwod pnymmtamvwmsdne.'7401keeMishoom"maanstheripyt M regime tb- Note Roller m give nonce an odea persom trat emmrda doe hese not been paid, ieprooeatioasi mthe Note aced do Samdah ae this e i= aich I mate in this Note. That paymentinfull Mauam una1 All WTfNESS T1B3 HAND(S) AND SEAL(S) OF THE.UND; :7 (Seal) Jaen a (S -0j) WITHOUT RECOURSE PAY TO THE ORDER OF Conntrywlde Dotamaml Coel'dy Services, a division of Treasury Bask, N.A. lows State Bank mrd Trost Company Z--l2B1 Bvmwc agoagd �n"� Joanna ro AB -*a'GhMv_µyN$pAawflou amffm3Mdi1QHIm _— >1Q tMW C) 3HLQ1 AVd (See) (Sign Orisftw Onfyj WG1}iTNII 1TaYn BATS Harems rtwr—a+^.•m.ere'aameasnc wmowe vArxiatrzNr rmmvr maa�243m" APP.2 N O_ O � Wit") N <r m a m o� = Q ,trmdf�uas�rn = O vN'7IIitl8 AMftSV8MId01W61At¢V s a,EA a 3s Atlnurn yx�xuoa ambAuwtw� (.I1 86Niloo"Inown � YHV07 91a0B flIMMATIICMI W tlom MQMID.OIAVM WG1}iTNII 1TaYn BATS Harems rtwr—a+^.•m.ere'aameasnc wmowe vArxiatrzNr rmmvr maa�243m" APP.2 - E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK [Q , RRatioNad: °oiiai¢oaW55 °0 at 03:5GEN 431 PM FN Ant: $42.00 Pao I of D JeMaon Money nava Kia Painter County aeetrder 3860 m593-601 Prepared by: Catherine M Franz Iowa Seats Bank and Trust Company 325 South Clinton St PO Box 1700 been City, IA 522"- [Spame 22"- [Space Above This Lme For RecordW6 Dam] PURCHASE MONEY MORTGAGE MORTGAGE DEFINMONS Words used in multiple sections of this document are defircd below and ouer words molefitsed in Sections 3,11, 13,18, 20 AM 21. Certain rules regarding the usage of wards yard in tis downmt are also provided in Section 16. (A)"Seeurily lsmmu ('means this document which is dsted_ Meeh 319 2005 ,mgmhrwth a0 Riders no thin dopamens. (B) "Berreart r^ Is Julius Nevin surd Adrfma Neolae, as husband and wife Borrower is the mentgugon under this SaCQnty Imssurtrnt. (C) "Loa ' u ley Ream Ran& am Tlirsu, C.,......v ImdQ isa Cgryornthun crgardxd and existng under the herr rffht8Akjtleo IcMer's address is 325 Smtb Cllhrmn St PO Box 176D IM (div IA 52244 fedm is the mortgagee unM this Security Instrument. (D) "Nate" means the promissory none signed by Borrower and dud Masrh 33R _. 7]a Note erotea tlut Bmowaowu location Njpeqes.11..n.m.d ..a ream Dollars (Us. $%"M )Pka0aseaL Borrowerlaapu0rdtad in pay the debt in regular Periodic Payments and to pay the debt in full ret is= dun April 1 205 (E) "hoperty" mauu the ;%petty $hu u desnihed below undertm handing "1}mafcrdwghts in the property.' . (F) 'jus" mesas the debt evidenced by the Noe, plus interval, my Inryeyrnccnl charges and 1n¢ charges due under the Note, and all wms due under this Security Instrument, Plus Interest. (G)"Alden^mean; all Riders to this Security Instrument that are istecutd by lhey,n . 115 following Riders ane rube executed by Borrower [check boar as appheabe]: ❑ A41whable RaeRdr ❑ Coodomisum Rider ❑ Sao�d HomeR de ❑ Balboa Rider ❑ PlannedUnit meveRider Development Rider ❑ Odar(glaP«IN_D ] - ❑ 1-0 Family Rider ❑ Biweekly Payment Rimern --q� (H) "APPBaable Law" moseys all controlling applicable fehsal. snare and local smmtm, regulations, ordb M,,a Q-< administrative rules and orders (that Mw the eBectnf law) u well as all applicable final, non-appnalablejudicet opimmd.C7 (1) "CaaunMity, Assorlatbn Dues, Fees, and Assessments^means all dues, fees, assessments adotlardtegesa�(t� imposed on Borrower or the Property by a modommum associatim ho econmen ssaoeimion en smile orgwli, ._ 1`71 (P "Electrmic Fords Trander" muoa any transfer of funds, other than a transaction originated bydirck,drdl, ors' POW instrurtenr, whirls is inhlemd through an electronic CrmitnL telephmdc insswnacnt computer, or rnngnetc two to order, instruct, or authorize a finenial imtitutioa m debit rn credit sn aecOmlL Such tam includes. but is rot limdtedto, point-ot-sale transfers, auleunatrd yeller machin transvctiwu, yrmufen isduated bymlepMro, wire transfns, and automated cl uinghousc he ^fors. (X) "Rstrosa Itasd' means those items this arc described in Section 3. (L) "Mkmft as Proceedanmc uywmpematioo,aeNemem,awudm(damages,apromed;psdbyanrytMdpam (other than insurance proceeds pad under the coverages described in Section 5) fru: (i) damage to a destruction of, the Property, (ii) condemnation or oder piling of all many part of to Property; (iii) conveyance in lieu of condamssion. m (iv) misrepresentations of, or Missions as to, the varve ancVw condition of the properly. (M) "Mortgage losunms eo means, insurance protecting Lender aptmt shc.unpaymwrao(. in defuth on, the Loan (N) "Periodic Payment" mumthe regularly schddd amomtdue for 6) principal aid interest under the Nate, plus (it) any amounts under Section 3 of this Security instrument. (0) "RFSPA" means the Real Estate Staldrerrt Pnoceehim, pct (12 U.S.C. 42601 m seq Jandu irtNkahmbngregulation, Regulation X (24 C.F1L Pmt 3500), u they night be amended from time to tre, me" additional or successor legislation or mgnWhon that govmm the samesubjecl miner. As used in this Stwdtylnatiumend,'RFSPA" refers b all requisemeam pWASi.ale fyvely {amd< MaeNreakle Mee IN"a t maTalnaEnT Fey Jalf Lel (retry l,Jap.yead EXHIBIT App. 3 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT and restrictions that are imposed in rapid to a'Yedendly related mortgage Iota" even if the Lone does not qualify as a `fodcally related mortgage lam" under RESPA. (P) "Stiacorssorin Interest of ]Bwmwe e1 means MY PGM that has taken title to the Property, whether or not that padyhss mo med Bonuwar s obligations under to Nate and/or this Securitylnstrusmm. TRANSFER OFRIQITS IN THE PROPERTY This Security Instrument seeures so Imdur (i) the repayment of the fan, and all renewals, utemions and modifications; of the Note; ad (u) the performance of Bortower'a coverurKs sed ar"nomts under this Security Imtruraal and the Nom. For tins purpose, Bmrouer irmweablymortgages, Fonts and conveys m Leder, with Powerofede, she folbwing described property located in the County d )ohrhson IType of Recording Jurisdiction] [Name ofRecodmg Jurisdiction) Int 1331n Mount Prospect Addition • Part III b the City of Iowa City, Iowa, ,,cording to the plot thereof recorded in Book 15, Page 76, Plat Reoords of Johnson County, Iowa. Much cumcdy has thcaddress,s IM Craatwood ft _ [Stmt] hL city , Iowa 32246 ('Property Address" ): Icityl [zip code] TOOE`II¢R WITH ed the improvements now or hereafter erected m the pprrooppecrrttyy and W easements, appurbrmnare,adfutturattowuheretfbet SPrutofthc PMPerty. Allreplael ISWW edtlsti.*"%.11a6obecovuedby this Security Irmurnant AB of to foregoing is referred m in this Secunty, Instrumcm as the "Property." BORROWER COVENANTS shot Boromaer is lawfully seised of the estate hereby conveyed and has the rigna to grant and eonvey the Property and that the ss m isacmnbemd, except for encumbrarccs of record Borrower warrents and w'll defend gerordly the title to the Property agoing all cleuns and demands, subject manyencmnbsaoec M record. -0�f-� THIS SECURITY INSTRUhB'Nf crosbitms miformcov m fm national use and noo-tnlfwmmve�Ltrrh limited variations by.ltuisdiction m constitute a uniform security ins unnent covering real property. LTNIPORM COVENANTS. Borrower and lender covenant and agree as follows: 1. Paymensof Pdndp d, lnurut,Fierow Remo,Prepaymwt Charges, and late Charges. Bmowe/Qei1 pay when due the principal of, and interests , the debt evidenced bythe Note andanyprepaymentcharges and due sander the Nom. Bortewer slot] also peyfunds for lesrow lmursan s puut m Section 3. Peymod erds due er sedthat Security lntrov, nshallbemdein US.eurnccy.lfowesa.ifmynhar, orotMi isntrummstetanusb u payment user the Note or stir Security lastrument is returned an Leader upnid, [ender erry rtqube that subsequent payrnew due under she Nom and this Security Instrument be rade m one or rmxe of the (ullowing Slrn6, seleemd by=: (a) cash; (b) money order; (c) certified check, bank check, treasure's cheek or cushier'- deck, provided my such check is draw- upon an insulation, whose deprxits are insured by a federal agency, inebwom elity, or entity, ur (d) Electronic Funds Transfer. Peyrants are dee sad mewed by lender when received at to Woman des gre ted in the Note or at such od. ma location as y be designated by lender in accordance with the notim pmvisione in Swlion 15. lender may sewer, any payrsemm paniab payment hftt payment or PattW Payments ate IMUMCkmt mbnina IheLancumnL Lader mavaeoen[ or claim which Bosmwu ridjdit hast now or in the future aaggnnsttet Ledo shall rel U due under the Nue and 's Security Ivsrmaent or perfornvag the covenants agmemenn secured ryy nuc Secmty Instrument 2. Apol]attonofPaymmts m Proueds. and amlled by rdcr shall be mphcd in the followv this Senuityy Instrument, s and thento reduce the prircioal balerhm of [he Note. Illmder rrceiwa payment fromBorrower for a delvqumaPeriodic A m pay myy late charge duo, the paynew may be aeppplied m the deltlapQprem prey s Periodic Fa t is ou4pdinsg, lander tr-y-pp 1Y mY p?=mmivd Gam B Payments tf, ani) W the extent that, each paymeat can be paid in full. To the extent ad in this SectionhRE paysroi is WoWird os est dunder the ote; (b) principal duue W each Periodic Psyrnent in the order in 1, second to any other m ousts due oder nent which includes a sutfirsnt mount and the lam choose. If toore than one MWA�ealeMr/irtddkM LT'Ir'OnM mb'raNN Fws3016 MI avgrl W8gaal O m C— C:) O cn App. 4 9 ddy l�gh'rasvdl tm ns wva aNHPaiebaNl IxgQ11Nf1+�H+IPPWItTH+lmti-JI W^i Mg^�s-tlM01 S."P-T Pus alq!svgj 411131umuox st Jledw m unaaJatsw asp apuold9 pMlabw man a5t a sua 8us(IJapun oql lou Jo Ja pogm g puv,Ttffl ssolu(l Am—gkq.(pdnmld wow lour swl)o mmol wwd u!B flags Jamuuuu'sw1Jotuano aqt ui *AdUout " Japual agMu Ipgt, Pua amslo a8dtmus WuMms 1 apsyalg Ing 9020,114:1115 •,Suadoid AD •';o m=tnAsap m'w a8swvp Jot 'Japuaa7I [q p+nnhas astMn(p lou'o8etawa aolMJnsw)uuuaJue suwl90 JamwmH31'szpou lenwaJpw swnnuaJdptad3o splaaw Ila JapuTpman!UIj usasd Ins JamnJssg•nJpbMJapuvli['sarvaypsm lvmvuw Pussa! ilodayys1ploquanO!JaWannY 1pnPJapual aMTd sag leuou4yte ae se mtplus oabe8 sT npu77 auHu Reqs Puv'asnvla M8MUm Ampuep ap s n[otg sa! llgs'ogod haus amoJddal!p vt 148u s; lapq rt of laafgns aq Ilsgs sa!agod gans 10 qv --J Pus Japuvl dq pann6, sau!lod aaovmsut IIV 7 wAvd wa "Paa:lnJd asvw apgm Mil Mplo lu-M.-Dlua aql luun ud an 2wae8 I w m 1UMuaauym taupt8e spwpap Ja'J9 wP9 pool at uaq atp As uo[ pro mg •Japur[ 4 algqda Jasuaw a ns gay alp gpara,, (a) :JamoJmg ssulun tuawnAsul.(nmon sop Jeno lliiMid say ga!gm ua1 aJolJmogyda® ntl a9ayt tsg) tga a p oJ•',(uaJ!'quwtsi M APuo Mw puna$ m Aaocabd plogassra!'luausnAsulk aw oaa�aigssntn¢quypean=q!sndw! p ,,swU,,A Rga'guaussarsa `aml pe. Funw .Auaus{e ,(J !ytwvl IZ Ill�aJaa�ou u! lnquy��gg�� 4am aasspsw a1P+As�In7,hd ppccgqssuwoJMg pus bdSHU.C9 PvgnbaJgs Jasquog,(Jp n1 PIN fWn41od gouop v s! awA•sryaus(ad X 0—LI ump am alp do *4.m Aesszau 1.aT Japoal m ,dcovdd pegs lassos P1 Wail VdM JaPun PaUyaP"'mansa u1 Pliq VPUad JD2R1a1 ys s g a qt mJ m`naJmg m luno,,, IPNs JW11q Vv" "Pan PaugaP ss•mo. V�IS3N d9 PaJmlw se spend aW1 Yunuuoaov lenuus qm q T, awuoP! aa9q0ls4w!Rbwu!I=lTw4smoy um U! up!vdogo it Jam *Us`0Avd nlM1111 'AARP RP I P Japurl •spumy alp uop!vd aq m lf: sl lnauimJBe m [11211 93 TR v gaol agew m Jmpa'd1 Awad mv1 2l9 tapual ssalun •sorcg masard alp Su!dJAan m JUMMm maria a p 3ttulj mxoJmgaBMya tau lle4s+fiva'I 'Vdt"Isl payloads, ap Ue4 Ile Au'NTHusalassuEt IsaaPad ulm(pmm smateg!sodapi �c��7l�m� m •dt!Ivwawtwgn'dwa8v laJapg adq Pwnsw aiT Almdap asogm Pus 6 m Nn isepn a Put, Jans^waH3I 'f n lasaanm t,: I 'aJmbM dsw s,Jgpsml J naw JaPual ags ago Muovaos I"O'm PMpug w eMu m AAss=u tunawe tapun Pauyap se •maria n wuspJ us asumgs sv Jamauoa A1scw 11t,m Is mn%a q al S9 M Pus wnowUCRs IT vw —1-1uMit :u..,gs,J,Pua1'uevl ays3o wJw ayl auunpaum due sem sn11smmtt1� mntavd„ pall. aH swap.. I uoltaag Jo wasuwd an q4m anTpuoxt, at stunlumudaaltaJnwl PJmY,lJorvwKadaplorog MJaparlm JaMaJrogdq algade aums.fiM m',CwJI'swnplMd aaueJnsu]a9a81mWIP)Pss :9-4 9" PannPlsA6q PaiMbw amuwsu!ya PUS Am 1%svmpttwd(1)tkvi! t(uadnid mp uo guar pnDA m guaw(ed Plo4ossal (q):Wmday{ mw an awetgwmua m mq v w tuawMsw4ss-'1aS spit nnodt!OLId info, usa yatom sttny Jays° Pee $aawsgJssa Pug sonar (n) :mJ anp swnlwHJo tssMlsdadJy apuwd m C.spun L alp) ams a llu3 w ped sl MoN asP faun 'MON olp Japan wpam guaaa(adaylatJad,(vp ays uo JaPVe[m t,d pays tamotmH 'w'+svmaJ .j �Rd T stuautded a!pwJad awlo'wnaun xp AUvya".2wp anp ayt a sod m puotxa lm Ins aplQasp upon anp !edlmudm spa>.xud snow iIwg3gJo'flpawmawswwl'guwscvdJo uomoyddeduV -40N aw ' mul PagWsoP Tt, axil pus, sAmp tua(edadue w IuU pa!Idds aq u4s guwdedaulAMUnlopw un3mpwpaliddv ianoo iORfiSl0 d0 N2J310 - NOSNHOf Nd VFX 90 d3S MZ a3lld-3 SUPWRIsm AMowog m mpual =4 mgou uodn ysaJMut yaps ql m'algeded oq I114s PUT 11mtUasmgs!p It a�pHyJsMoN sot M lsanlu! Mag llvys gunowe asagy 'PHwnmlg fyunaa5>!wd9 Patnza nmauoH Jolgap pm SsunaaS s»l.(9 Pas'a9s!P slunououb'Pw!BJ1lU aney s?pPitt. ppun mmotmg Hyl aaouneutyo. d paunagomm ylldHtlp!wa8aananusMw!alaJo tsm aytt:w sa8palmouaaeJanoJmg spv w6jsns otp u! m ms. mJatTa$ agnad syH!w Pm A!pgnl m pmzvy Slsu due lw!rtdv •�(padoJd ayl.W atUMum alp U!dgn6a a,J>moJUtg'Jamnuoglaasatd mUt4gnti MtyB!w tnq `iapmlJaam 1pnls a8wa+m yana'amyas In p P Wit a m ady minanJad FUR aaeyamd M uo!tt,8!Igo our Japan s! APUVT 'aeuadxa s Jamauog put, u Iv'J!9mnm aauwnw! mepo,Cew Japuvl ynogv poquxp sm8uanas alslo duv U!MU!eut m s1!e1 Jamau Qy gaNwwJ Bu!1Pssota0llglinlllalapwmpmpduvlo MalPnsaJaw 4t!ds mgaauumwRwaBV laaap�eln a4t.Cq pasodwl saaJ S1m 'tsapsaypJaa � W Qaayv 10 tnaae(9d rill mJ alglgqdsaJ aq mis IIs4a nmowoH Jo l �uu Clgevosw ya yM mxo ra8ue4a e!w!s m s8u!ddeu»e aum 4� %�4a tuanbx n a fora° PsR'mPsululnnP auvi PwH m1 aBJaya awn-0uo a (t� m :smwac 8m�paq pw ua!sasy!yaa _,pooq roJ aBMya awpwo a (v) aaytta •uRo-1 e!Ip sp!m uopaauum m `bed m JawoJmH atmb: ('dl�etmMawn N _ panaJaxa aq lou p s it(du goi4m 7j!oyj s,JamoJmg anaddvsry m tau s JaPual of ma ti(9@?ao4a a9 Iis4s awamw! ayt eury!nwd mJJva aasaMsy ayy vaol ayt � uuas ayl $uunp a8ueya _ y.�P!pamJd alp al luensmd saunhw Ja�TI te4A1 'sagnhat Japual sew sPowd ays m1 Pae (slang afgnoll dsua ei Li.. --) aw u!Pw!vJu!aw aq llmP auuemsw stgy �alsvmsul salmbaJ Japuv'[gasyMJo1'spmgPw sa>Imhy C,I�.1PA'8u!Pslos!sP�4m9M,(ua Pue.�aSeysmpa!xra7xa„uuM aw u!9t!M Pa{w!Ms!sgJnaq `wy,Cq sso[: to lyada alpmpalaan tayso.psi n 8ops!n mm guawasadw! alp daml iplysJaMouag -aim O ucrq idw-uvcrs1y1 IPIM guinb lllaa t J aa!,W99agmdaJ latPpl UaAawJ!Jas xq wMsa lealTlOJ>HJeya mMA'aaOldadm JamOLog atpbat deWG wa "Paa:lnJd asvw apgm Mil Mplo lu-M.-Dlua aql luun ud an 2wae8 I w m 1UMuaauym taupt8e spwpap Ja'J9 wP9 pool at uaq atp As uo[ pro mg •Japur[ 4 algqda Jasuaw a ns gay alp gpara,, (a) :JamoJmg ssulun tuawnAsul.(nmon sop Jeno lliiMid say ga!gm ua1 aJolJmogyda® ntl a9ayt tsg) tga a p oJ•',(uaJ!'quwtsi M APuo Mw puna$ m Aaocabd plogassra!'luausnAsulk aw oaa�aigssntn¢quypean=q!sndw! p ,,swU,,A Rga'guaussarsa `aml pe. Funw .Auaus{e ,(J !ytwvl IZ Ill�aJaa�ou u! lnquy��gg�� 4am aasspsw a1P+As�In7,hd ppccgqssuwoJMg pus bdSHU.C9 PvgnbaJgs Jasquog,(Jp n1 PIN fWn41od gouop v s! awA•sryaus(ad X 0—LI ump am alp do *4.m Aesszau 1.aT Japoal m ,dcovdd pegs lassos P1 Wail VdM JaPun PaUyaP"'mansa u1 Pliq VPUad JD2R1a1 ys s g a qt mJ m`naJmg m luno,,, IPNs JW11q Vv" "Pan PaugaP ss•mo. V�IS3N d9 PaJmlw se spend aW1 Yunuuoaov lenuus qm q T, awuoP! aa9q0ls4w!Rbwu!I=lTw4smoy um U! up!vdogo it Jam *Us`0Avd nlM1111 'AARP RP I P Japurl •spumy alp uop!vd aq m lf: sl lnauimJBe m [11211 93 TR v gaol agew m Jmpa'd1 Awad mv1 2l9 tapual ssalun •sorcg masard alp Su!dJAan m JUMMm maria a p 3ttulj mxoJmgaBMya tau lle4s+fiva'I 'Vdt"Isl payloads, ap Ue4 Ile Au'NTHusalassuEt IsaaPad ulm(pmm smateg!sodapi �c��7l�m� m •dt!Ivwawtwgn'dwa8v laJapg adq Pwnsw aiT Almdap asogm Pus 6 m Nn isepn a Put, Jans^waH3I 'f n lasaanm t,: I 'aJmbM dsw s,Jgpsml J naw JaPual ags ago Muovaos I"O'm PMpug w eMu m AAss=u tunawe tapun Pauyap se •maria n wuspJ us asumgs sv Jamauoa A1scw 11t,m Is mn%a q al S9 M Pus wnowUCRs IT vw —1-1uMit :u..,gs,J,Pua1'uevl ays3o wJw ayl auunpaum due sem sn11smmtt1� mntavd„ pall. aH swap.. I uoltaag Jo wasuwd an q4m anTpuoxt, at stunlumudaaltaJnwl PJmY,lJorvwKadaplorog MJaparlm JaMaJrogdq algade aums.fiM m',CwJI'swnplMd aaueJnsu]a9a81mWIP)Pss :9-4 9" PannPlsA6q PaiMbw amuwsu!ya PUS Am 1%svmpttwd(1)tkvi! t(uadnid mp uo guar pnDA m guaw(ed Plo4ossal (q):Wmday{ mw an awetgwmua m mq v w tuawMsw4ss-'1aS spit nnodt!OLId info, usa yatom sttny Jays° Pee $aawsgJssa Pug sonar (n) :mJ anp swnlwHJo tssMlsdadJy apuwd m C.spun L alp) ams a llu3 w ped sl MoN asP faun 'MON olp Japan wpam guaaa(adaylatJad,(vp ays uo JaPVe[m t,d pays tamotmH 'w'+svmaJ .j �Rd T stuautded a!pwJad awlo'wnaun xp AUvya".2wp anp ayt a sod m puotxa lm Ins aplQasp upon anp !edlmudm spa>.xud snow iIwg3gJo'flpawmawswwl'guwscvdJo uomoyddeduV -40N aw ' mul PagWsoP Tt, axil pus, sAmp tua(edadue w IuU pa!Idds aq u4s guwdedaulAMUnlopw un3mpwpaliddv ianoo iORfiSl0 d0 N2J310 - NOSNHOf Nd VFX 90 d3S MZ a3lld-3 E -PILED 2017 SEP 08 1 X14 PM JOHNSON - CLERK OF DISTRICT COURT pdiod. Rader shall Aeve then r to hold sural incomes¢ prrreeds until Iender has had an opportunity i. nity b i t such Progeny m eosurc the wort hu comp lard mlender't cetisfection, Provided a m such I. . he shall uidutaten promptly. Imder may disburse pptoeeeds fm tlm repairs and restvntiOn in a $1 1, ppayment or in a series of progress tk is lend Unless paymenm u work m ggneement is nude it writing or his Lw requires Interest in be onsrrch insurnnare prnzeds shail nmtMrcquvedm pay Borrower soy ruleest or earnings on such proomds.Feer for publk adjusters, or other Bind Dertla. roamed by Borrower s Wl Rat be pad out of the insurance proasne s and sha8 be the sole ablrgatior. of Borrower. if the rpmmtioa or repair u nus ec000mita(ly fessible or Lender's security would be iessencd, fire InSnmMe IOLYLdS 6hfl11 be cepp Iled CO rhe 6nR15 XCnled byy this $eglrit)' Instrument, whether of not then dile, with the excac, if any. m Borrower. Supch iosurence be olid pproeaedc 1 lied in the tithe provided for in Section 2. BBorrower abasboc the Property,Ievd. anyfik tie��ttlualc and sedk anyanileble ins unnceclaintmWidat d matters. BBartowe docs not respond wrthm 30 days m a ootiafrmnitMa that the insurancecaz . rhss orferedbseidee claim. dna leader may rKgdlam and senle the ciaim. The 3p -day period will begin when the notice is given. in either evmn, m BIznder erquAa tlu Propertyunm Section 22 m otberwue, Borrower hereby migm to leoder (a) Bosrowy's rigAu many insurance pmcceds in m amount or mexmed the armrnts unpaid order the Nate or this Seeuntyh e=,M and (b) any other ofBonowei Frights (other than the rip}n m anyrNuodof unearned premiums pod byIIom mt) uMer all insurance policies covering the Property, inwfar u Codi right, me applicable so the covercgc Mbe Property. Leader may use the insurmKc proceeds either m repair or me; the Propenyor to pay amounts unpaiduMc the None in this Saaniry Insnumen, whether m not than due. 6 O=Panq, Borrower Shall OCCUPY, establish. and ase the Propietyas Borrower's principal Mid., within 60 days After the execution of this Security hurrionem and shall continue m m,, y the Pr-perny u Borrower's priecepal resideoa for at least ore �zr slier the date ofnreupmcy unless lzrder otherwise agrees in wnonf, which rm,a,sballmt be umassomhly withheld, err unless tormo etlng cucumstmers exist which an: beyond Borrower s ventral. 7. Pro Rtlon, Maintenance and Protection of the Property; Inspections. Borrower shell not desury, damage or impair thePrxpntYY, allow the Property to detcrioratt or contrail male an Bre Property. WlaednsrornotgoppNer is rending In the Property IIortowa shall marmain the Property in order m prevent I Yropat� from detcriar" a decreasing in value due b its condition. Unless it is determined pursuant m Section 5 am repair or, resmrabm u W economically feasible. Borrower shall prowdy repair the Promaytf damaged m avoid further deterioration or damage. If ioaurance or rovdeannation proceeds arc paid in connection with damage to, mthe talo ol, thel'roperry,B.mxcsluB be reepumn, pr for repaving Or maiming the Property only if Larder has released prod for such purposes. Under may du ursc pnox ds for fie repairs and restoration in a single payment or in a aeries of Progress payments as the work s compklcd If the inmrarrz Or cosdemmtiun proceeds WWI su iciest to repair or restore the Property, Borrower is not relieved of Bmrom,r's obligation for the completion of such repair m restoration. Under or its agent may make reasonable entries upon and ms ora oldie pmpe�y Ifithasreasorublecause, Lerakr o s y mspect the interior of Bre tr�provemems or the Property. lander shell gine Borrower notice u the time arm prior to such an interim irmpeetion spec..0 such reasonable cause. 8. Borrowcr'aLwnApppikathin. Borrower shall be indefault if, during the loan application pmciess,Borna er or any persons or entities acting dthedirectlon off atroweror with Borrowu't knowledge m crosem one numidlyfalse misleading. m inaccurate information or statements no leader (or ruled to provide Lender with material infamnllon) in include, bra ire vol limitrd m, reprts.aadom romerning Borrower's occupation with Me) oars Matsui en's principal occupancyy of Bae Property as Borrower's pnnciyel residence 9. Proreet7on of l.mder't Interest In the Property Rod B.Igbb Under this Becm* ImirnmenL If (a) Borrower fails m perform the wseaants end Agfxmema confused in dris Security Inswment (b) them is a legal procarling dud might SignifiuNpuRccUznkr's inleresr in ahaProperty An&mrigbsundttthisSm tyEmtrunrm(mch m asaproc(ing in ankruplcy, pmhare, for condenuuBon mforfeiture for enforswmen ore ben which mayenam pprunty over olds Secunry Instrument m m ism �r enforce m regorrowe regulations), or (c) has abandoned the Property, thenIznatic may do and Pay aur whamvxr is reasmable m eppropriem m protect Ismkr's interest in ie Property aM rights a that ,•r Security Initrvnleni, includia' Drateclme and/m assessing the value of the Property, and aoaurng and/or repairing the Property. Lrndera actions can include, bw an rem limited to: (a) Paying any sums secured hyo lien which hu priority aver this Security Inatrumeor. (b) appearing in mart, and (c) paying reamorubk e[tmneys' fees m protect ib intuit m the ymd/m rights order thn Setunty Instrument including W served pusditm in a bmWptry proceWing. Saoving the.no but u limited i s, nor b, enuzing Bsc Property m rrrake repairs, change ticks, rreepplane or iwmd up doors and windows, drat waterfimn eliminde bra ppapa, gmothcrcode vlofuons ordangenous cmditkus,aM have udlba 4nraed on m off. Although Iztldrme inks acnun rosier this Seclirm 9, ]oder dna not haw m dose end iS oat ander Any dutymabligahonb do eco. hu thatScaler incurs no liability forlrm Ming anym all anion aWllmired order this Sectlon 9. Myamournadhbunedbyfrnder under this Section 9 shall become additional debtafBonowyr secured by this o Security Instrument. Tbue aviation; shall bear innerest u the Notenle from the rim ofdisburscnlcnt and shell be payahlc, with such inreeat, upon notim from Leader m Borrower requestingg payment. _ i Bthb Securitylmmntmot in onalesse11o14 Borrower shellmmply with ell the txse. m provisiomofthc IfBpnp� acquires fee tide m the Pmpuny,deks Uld and Bw 1. tide shall not nrrge unless I note a�esmthesasgrrti- C. 10. Mortgage lrourrmce Hlcnder requvW Mortgage Insurance as scondmon or making felun.B � shall pay the premiums motored m maibin the Mortgage Insmence f effect If, for any reason, the Mortgage hat5aape coverage required bylendcr in be from ,C ceases available the rncngage insurer than previousl provided such m uriisee and Bonoww was required to hake separately designated payments inward the pmrniuns for Mortgage Insurance, Barrinvlt LV 1 Shall pay taw Dremiuma required mobbin coverage aubasvtiailyy�equivakatW the?AW WI ss. previanlyni-gt n a cost cubsbnnally equivalent m IAA cost m Borrower d the Mon8e99 lawrmw previously i. t&et form MAI rnort@lge imum selected W fvdv. If ` suhsmotially equivelenl Mortgage lrtavo ure wveragc is nor available, shall wotinue mppaaymle the amount arthcsepvamlyacsiipaeani paymran that woe ace wfiev the imnsseon cesaed m be m erect Isrdu wB] incept use sad renin mese ppndynlcan as a non-refundable ins raervoin Beer Insurance. Such loss reeave shell be roes-rcmndnble notwilhsbMing We fact that the Loses is ultimemIy paid my and lerderahell riot be uhMmpay Borrower any imm�estm esmipga on such loss reserve finder onto longcreqube loss p reserve peymmn if A/nxtgage ]courant coverage (in the amount and for ire period that Irndu requires) Provided by" C ioaeuer eekeed bylsoderaaain bececmoes avwleblc, is obmincd, and lender mqubes separerctyWymans bwml tle premiurta fm Mmgage Inruranoe. If leader required Mortgage Insuraocei as a conditwn ofmakiag the Lem end n Rarrowa wu tequbed m mete separsW y designatedpa ymema Inward the prenuuvs fist Mmlgage Imurarzz, Bmowm stall pay the prcmiurns rrquircdmmaiamn Manrtgegc lasmancemeGectormp�ovideanon- clon=am, sell Iemier's r<quirenenlfmMongagc Iasurarazc nauardam with anyy written agreommkbriweatBarow•erardLends, far providing such mmunatlon m until temtimtion h ra)uirod by Appl"teable ]ave. Notting in this Secion 10 a(fees Borrower's obligaim b pay inkreat ar literate provided in th Nam. Mortgage Insurance reimbarsrs Leader (m any entity that purthues the Nom) for certain losses it my hour if Borrow. does not repay else Ism m agreed Barrowu isnot a pony b the Mortgage inaureas evaluate rhe'u mtel risk on al such wurarttt in force fiom time m time, and maY prmr ism ageements vn etlry parties thea shareormodifythetr riot. mreduct loues.7Teae alpcemms erewterns ardcnnditima tMr me aniafa.ory m the rrxstgege insser and the oiau Poly (or panles) m Brace agreements. '1Mea e�neowns may rtgvire the mortgage insner b rtsie funds tlae peyrrcntn using my source o tAu mortgage insurer may have availebk (which meY include funds obtained from dY[ornongage Imannce premiums). Ac a rcsdt of these agrcemenda.I[vsoder, mypmcheserofthe Nate, mothe insure, myremsuner, myycolas entity, ar any albliere of any of the foregoing, may rcmtve (directly or indireetly) amounts ins derive fr.n (m rraight be charanerired as) a portion or Bormwri a payments fm Mortgage Inaurmce, in exchange fm sharbmg or Imdifyrng lire IOWA—sitak! ty-t'1m1e ustwnt It Mae M"RM[WrRUMEMFmnbls mmmm4P.6 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT mungaFe imam s's risk, or reducing losses. If such agreement provides that an affiliate of lender takes a share of the insurer s risk in exchange for a share of the premiums paid m 1M insurer, ire arrangement is often ter 'taptiw reinsurance." Further: (a) Any such agreements will not sffeet the amounts that Borrower has agreed to pay for Mortgage Irmmnnce, or anY Mha urrox of tlw [.esus. Such agrsevrenu Will not hereaae the ansauat Borrower will awe far Mortgage lasurance, and they will not entitle Borrower to any refund. (b) Any Nen agreements will not affat the rights Borrower has - B any - wish reapers so the Mortgage Insurance under the Homeowners Protection Act of 1998 W any other law. These rights may include the right to rmalve certain c isclroures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Imunnce lermloaled aumrnatica6yy, and/or to receive a refund orany Mortgage Insurance premlums that were unniumed at the time of such wncellatlon or termination. 11. Assignment ofMisaellaneoua Prmeeds; Forfekms. All Miscellaneous Prgzeds me hmcbyestigred m and Shall he paid m lender. If the Property is damaged, such Miscellaneous Proceeds Stall be applied he rrsueralicn or repairof the Property, if the restoration m repar a emnommcally feesibie and Iender'a securityty is not lessened. During such repair and resmrumn rink Lender tall Law the right W hold such MiscelianSa" ProeeodS until Landuhas had an opportunity to inspeclsmh m ensure live work hat been completed in ender's sadsfacaon, provided that such inspection shall he undertaken Pro y.Lenderma ayfor the repairs and =Milan in asingledisbursement or in a series of progress payments aft work is completed. [)mess an egreerneol is made in writing or Applicable Lew requires interest to be ppaid on such Miscellaneous Prarrde. Leede shell not be required lo pa Borrower Any interest Or comm on cucb lecllancous Proceeds Ifthe resmralion m repay u not ecanmmrallyyfea.ible arl.ender's wcuritywould be iwsercd, thDM5,cgM,,ut Proceeds shall be applied m the same secured byy this Secmi treatment whether or not drew due, with the excess, if any, paid m Borrower. Such Miscellaneous; liasede shall be applied in the order pprovided for in Section 2. In the event of a total taking, destruction, or loss in value of rise Propefty, ted MiecellArcoiu Proceeds shall be Applied to the sums sensed by this Security lnslnrme n. whether or not then due, with the excess, if any, paid m Borrower. In ilhc creat of A partial talong, destruction, or loss in value of the Property m which Bae fair market value of she Props immediuelybefore the partial asking,desbuction,or loss in value is equal m in =than theimomd old sums se I this Sctuitylmtrument irMwdietely befienc, partial eking, desmxdon, or lMa in value, unless Borrowerard lender rwise agree M writing, the suns sward by is Security huuunsnc shall be reduxd by ciao amount of the Miscellaneous Proceeds multiplied by the following fraction: (t) the total amarntOf the sums securedinooedinarJybefine cite ponies eking, dmtucIion, m louin valwdivided by(b) thefairms rkq value of the Property immediately before cine PydAl taking, destnxdon, m loss in value. Any balanus shallbe paid m Borrower. In tiro event of a partial taking, desbucdnn, or loss in value of ie Property in which that fait marked value of the Property immediardy before the pardal takingg, destruction, Mims in value is less then dw amount of the sums secured immediatelybeforethe parer taking,destr 11,or IMS invalere, unless Bortowa udIenderotherwise Agrain writing, rhe Miscellaneous Proceeds shall he applied to the Slntr3 securtdbythb Security instrument wlmhermrMthe ram mean due. If the Property is abandoned by Borrower, m if, after notice �y lender m Batrowerthat the Opposing Party (as defined in the next sentence) Offers m make an award m aside a claim i'or damages, Bomowwr is Is to red to Lerfdd within30days anerthe datedre notice h giver,1.wederisauimiaedwwliettandapplythe Mixellm, Z's either in reamrstim or repair of the Property or in the sums secured by this Security Imirumeat, whether or tint then due. 'Opposing Part/'means, it. thirdyarrythatowea Harrower Misce ancous Proceeds or dm party against whom Borrower has a right of action in ne mile Atisallsacros Prmccds. Borrower shall be In default tf any action or jprocxdin1, whetter civil M criminal, u began that, in lender's ut�mt4 could resultinforfeilureofthe Propertyorothtt matama Impaitnral offender's Mterestin theProperryce under riser 8etxvity lnsmumcnt Bomowacan cine such Addault end, dacceldadonhu cowl reded�morc�s�asp f�� Section l9, bycausing theautionorpmcesdin5m be dumiSsed wii ousting iat is leader's' 1 OftltePropertyorotlher rtmerial impairmentof I<oder'ainterest indcProperly mrights uodcdns Snvntyltubsrxm. 71c of any awed mclaim far tut as uribwnblemthe impaimnntoflender's interestin But Properlyare uaioned orad shall be paid b Under. All MsMllancws Proceeds iat u'eool applied mresnration or mpeirofie Propertysbali ha applirdM themder provided for b Section 2. 12. Borrotwn• Not Released; Forbears ora: By Lender Not a Waiver. prtetuion of the rime for payment or modificauonofamortizetionofthesumssecuredbythis Savriryhatrumentganted bYltrclerloBorawcorarySuaz C* in Interest of Borrower shall enol operate to release the, liability of Borrower or arty Successor, in Interest of Borrower...-" Lender shall not be aired m communue proceeding against MY StseMSM in Interest OfBarower onto extend® dole forpaymint Or= nadify amontutionMaa sums secured bythis Security Instrument bymatM madebYthc OriginhiBomo MMYSuccessorsiulnl tofBormwer.Anyforbeararrebylsaderin or retrady including, without limitation. leader's acceptance ot paymernu Bons third persons, amities or Sugmsgag 0, Imerest of Borrower err in amountsiess dun the amount then due, shall am be a waiver ofor preludethe exacue r,- r right or remedy. 7 -i 13. Joint and Several ILbilBy Co-sigotn; Suceama sand Assigns Bound. Borrower that Borrower's obliges = and liability shall be pint and several. However, any Borrower who co-signs its ly Instrument but does not execum the Note (a"co-signer")•(a)is oc- ngg its SewriryhshutMnt onlym mon t as and conveythe ro-signer's interestin iePropertyunder t e terms oft�his Securitylmtrunmt; (b) is ns ch M lraYtlw sums secured "is Securityliummse :nk and (c) tiCes that Lender and anyother Butowet can ogtu rtaifX, brbear m make anyaccommodalions with regard to the serener Of this Sxuritylnmvmsent ortheNdewiBaayy,ma signer a MAMA. Subject to the provisions of Section 18, mySuersssorn Incest MBortower who awumes Borrower •sot li cru C under this Securnylnsrumcmt in writing, and is approved bylentler, shall obtain allofBorrower'srighnandbene6¢under ell this Security Instrument, Burrower shall not be released from Borrower's obtiguims and liability under this Ssavity Incise milenlsnderagmes to such release in writing. i'hecovenmts end agreements of this SeauriyInatrument shall bind (except as provided in Section 20) and benefit she successors and assigns oflsnder. 14, loan Charges. lender may charge Borrower fees for Services performed in connection with Brnowcr's default, for the purpose of protecting feMces int cut to thPmpatyand rights under this Security Instrument, including, but not limited m, amorneya'feu, property inspection and vaiaaliM fes, lamgardloanyothafea,theabs ofexpress su hority in this Security InsrmrMm m eherae a Specific foe to Bonowa shall rot be ,xrehue f as A prohibition on the urging ofsuch fec. lender maymt charge fes that arc expresslyprohibited by this Swuritylnummem or by Applicable w. If the Iran is subjoin to a law which Sets maximum Man charges, and Unit law is finally interprened so that the inumestor other loan chuic collected or mbeeollocted in connection with the ions eased theperrmdtted limits, that (a) anysuch ben chugs shall he redurtdby theavuwnt aexusrym rcduM ie chergem dmpermiBed limiT, and (b) arty sums 0 is seyyco8ccicd from Bormwu which ex„eded pamidedlimits will be roNnded mBmower, lender maydooremmaBc this rofundbyteduciog Brc pprinNpai owed under tlw Nptam bymSking a direct payment m Bonowsr. If a refund rodnss principal, Bsreduetion vrillbetresteduapWiel ptepayncntwnlmu[uy preps ntcharrggtc(wheBlerornotapmpeymen charge is pnrvidedfm order dmeNote). Hrnnwer's ampunit ofanyeuch rofmade bydtrw payment b Bartower will consRline a waive of.ny Nghl taction Borrower might haw arising out of such ovwchmp� IS. Natlm. All notsas givrn by Bomowa or lender in connection wii this Security Ins'uument roust be in writing. Any noticem Borrowuinconnection wii thisSecurirylnstrummtshallhodeenundmMwbeengivtnmBarnower IOWA -SWIG Fm,u1y-Dma MaeT,veah Mr rmnrnaM rarnwm ZNr F.3116 IMI rpaeaefafgyel App.7 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT when saihd b=cluss mail or wlen acmallydeliverai mBnnowu's notice address dsent bydlrc neem. Noticemaey one Bortower dWl constitute nolle Wall Banmsem WdM Applicable Lw expresslyrequrrra otherwim The notice address shall be the Property Address unless Borrower has desigoaW a aubstmac notice adtlrus by noux to Lassies. Bmmwer shag prorrptlynottfylehderofBmroaer'settimpofaddress. rfLenderspecibes a procedure for reporting win There unless Note be a. i mstarerol the Yrwperlyora Bewettclai interest in Bmrowv. As used in this Section l8. "InWestin the means m legal or beaefidat interest in ft property, ineduding, but rust limned to, those beneficial inldases I in a bond for deed, contract for deed installment aalea um ucl or escrow agreement, the intern ofwhich is the title 6Y Borrower e<a fuuue dao m a pumhacer. rail or anypartMtte Mopertyoranylmemet in the Property is soldQ m trafctrod (or ifBonoot wer is na anneal I a cul interest in owm is sold m transferred) without Leader's prior written consent, lander may mediate payment io full of enms susecured by iha Secuity Innnanant. However, Nis option shall sot be ofnm less than 30 days fromthedate iherwdce is givarin acowdance whhSe may necked y rent dies per iuedby this er (ails a pay these sum may invoke any remedies Qermiued by this Security msbmrrent wiapat futtlu m assrae to any power of We xntamed in this Securiy lumnafion of Borrower's right to reinstate; or n are that Borrower: (a) oays Lender all cue and fOwa�yle Famay-P®leMvA',adde ts..IRTraOYar rNSCRIMHef ram sola /al (wa<s /er.,a..) -App. 8 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT presence, Rae w na[fied Fy amy hazardous Sub: an and w the Of NON-UNIFORM COVENANTS, Bwmwr and lsnder fwther covenant in 22. Accelrstlon; Rcmedim Lender shall give antke to Borrower el bmwb oraav wym.nt or aRreerrnt in thse r..a..— r.. blmrm -L L4Y4.4 t Qt��2C Adrian Neotze 26, Redemptwn Period. If We Pmputy is ]us than 10 mmnued t BEFORE mt [Implied size shell release mhis Sew I if the ke is paid a= thiel Id rid dish i butiveshve in Mani 31.2005 [i»l Mar.b 37. 2005 fUaml of Iowa BY SIGNING RM W, Barr aaspas amW ag= in 01C tans and covenarns contained in this Severity I w nw,nt and in any Rider executed by Bcnower and rcco,etl with iL Whresses: (Sell) Bartawv .itla lata r Ic. NC k P17�2e Borrower Adrlana Hent, t7 S�AaADaal�)� Bortwec (1n �r- awrowrl (ibC n InN'A-s�gie Frrin-Gude M W rtd4re Mn lln'nmRM INSTRIIMFM Fau3016 Iml ("'7 flmy l m !V s CD cn •1 r m 0 App. 9 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT (Spam Bdow ThY Line norAdmowledsme.$) STATE OF Iowa ) u: COUNTY OF Johnson ) On dds 31d dayof Mares 0" bePore m0. de uodraaiseed, a blotarypublic tn and fm seta coumyaTd suet prwaally tppeared:Iou titrbe rad ALdaea am inuhawd aad wRe to me Madly known m be The persoo(s) named in ad who weeded the hrogomg hutruma4 ad acknuw)edged dem executed de more as d dr vulumryact am deed My conutdssinn expims:0&n4rJ007 m a e{epw Namry-stl umb and Slate Chehtlee L Feilberg (Spar Below This Line Reserved par Leader mod Recmdar MMA-aiUk Bakst 1. M..dleddRx u Ud nvafalMHR MINI SKM DIM & Tint V1 rm.Mls ml~sfsry ) MMROP. 10 N t in CID (, C c -j-< �Gm N a r m :r v n o rm.Mls ml~sfsry ) MMROP. 10 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT RIDER TO MORTOAOE This Tax Exempt Financing Rider maw tis date, Is Incorporated into and shall be deemed to emend and supplement the Mortgage of Ne same data given by the undersigned (the 'Mortgagor) to aecure the Mortgagor's Note to law State Oar# and Trust Co (herein. the-LendaP) 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 provisione In any rote or other instrument which evidences the obligetkris secured by the Mortgage. As"es the Mortgage is held by the Iowa Finance Authonly o hacks a modgagabacked security held by the Iowa Fiance Authority, Countrywide Home loans, Inc. (the 'Servicer) cr such of IIs Successore W assipre as may by separate Instrument assume responsibkay 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 pad of the property is sold or otherwise transferred ( star than by devise, descent or operation of law) by the Mortgagor to a purchaser or other transferee: (a) who central reasonably be expected to acapy the property as a principal residence wlthlj a reasonable time after the sale or transfer, all as provided In Section 143(c) and (1)(2) of the Internal Revenue Code of 1983, as amended (the' Code); ar (b) who has had a present ownership interest Ina principal residence during mry partof the three-year period ening on the date of the sale or transfer, all es provided in Section 143(d) end (i)(2) of the Code (except that the language'loopercenP shall be Substituted for *95 percent or more' where the leder appears in Section 143(d)(1)), unless the property Is in a Targeted Area; of (c) at an wqulsftlon cost which is greater than 90 percent of the average area purchase price (greater than 110 Percent for Targeted Area residences), all es provided in Section 143(e) and (1)(2) of 9e Code: or (d) who has a gross family Income not In excess of applicable median family income; as as provided in Section 143(f) and (1)(2) of tie Code; or (2) the Mortgagor late, or coases, to occupy the property described in the Mortgage without the prior written consent of the Mortgagee Of its successors or assigns; or (3) the Mortgagor omits or misrepresents a fact that is material with respect to the provision, of Section 143 of the Code In an application for Mortgage which secures the Note. o References are to the Internal Revenue Code of 198, as emended, In effect on the date o1 the exe®On d m Mortgage and are deemed to Include the Implementing regulations. �n By signing below, !he Mortgagor(s) OCCepta an agrees to the terms of this Tax Exempt Financing R o 3 311OS r a rn m v r'rq nom. ej r Co -Borrower Juan tze y co Adrian, Neutze tT1 Typed Name Typed Name STATE OF IOWA ) 1� COLINTY OF `TolO NnS15' ) On this A I day ofrhj[LjjC:l 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 Instmmerd and Acknowledged, deposed an said that he/tained therein executed the same rr hlsRerAhelr free act rid tl� that the Information and certifications contained therein are true an Correll. W1L 1jj,8= Nota Pudic in and for a un of M�r^'^e� 167674 , State of .. E y Commission Fires: MRS 14 App. 11 — E -FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK Rroa b: alaartoee r5 W es: m Prr oat; C{7.00 PICA 1 Of 1 Kimnw1491'nCli rtvrMoorder -3860 Fo602 Prcq:cal By. CAlheHne M Franz lawn State Rank and Trum Company 1125 Scarth ('BntM NO. PO Box 1760 Iowa Clq,lA S22ad— ASSIGNMEVTOFMORTGAGE (Corporsdon) Know All \fen by Thera Prdsnls That Iowa Sure Runk & I'ruw Company, a arpocann, imvpmarOd unda the Imvz W the Stine of 101044 and having its Priodp:J Plum of bminsil at 1026. Clinkm -%=&. hrwa City. Iowa, in the Crwnty ufJrwnaon. and Safe of to". lir and in emsiduraiM Of the aaal 0f rIMIL&U Thlittagpind OMM lag__ DOLLARS. in hand paid, the vacmp wharmf ix hGebyacknowlalged, doer bu&YVJ' aatiga. ifinsfar, and WA over, to Caun�wide ll"nlrl learn Im iNrsaeeseone endlar Ames the �An.. ZpVs JI t�,du uf_ Ma h a'" in lndraliurc or%aartgaga. hewing dale Lk11Q4 ry_. hpaba0d �' _mads aridcacvmd by JnanJyppflre als�Qdrl.na to Iowa slate a.rnk :m[ l7axt ('mrlaay m tis rtdltming deaaibed rem: ante In fhe tunny ar Jvlr1»nn and Nufr. of IAA 15.1 in Alarm Prolrynt Addition • Put 111 19 the City oflows City, Iona, according w 11, plat Thereof recorded 1n Book 15, Page 76, Plat RcroMe ofJOhrroo Couay, Iowa. and Rlld fW rawrd to dt/el�A of Ne Rmnder Nrhe said Crudy of Lehrer in rhe Sutc n(iowa. In Z day ar Jt,.Y". Po i'agc _.i1 df Rods Su �_ �'f . m �.=� �/ U'CInC! -N, uU rcttdal .>n County and State. Dated tela !fn -laL4 _ do n! Ha _ Monpgo Ne:md' y edl— A.D. 2M of mid (IMORATP /l to State dT a _ Ci RI:Ah •..r *C f> D i J k i'iR•PrasWMt 17� ' Imre le aad TC-) Ry. (:11�Fe r Crt . " Ice-Peeeident O:CI �7K Sone of laws. Caonty rdJohili Unthia J1ar dayor Nueh_, A.U., _i00J , bafWe M, CafhrdoeM Frarm o Notary Public in read to, the County of ,otnmr , Mae a Iowa, 1301'"ally appeared furgl�R8)zT.L�kJrarJRd�rkllge.I.. Fjylper= _ �, the (]rpurtiM which eatx:taeJ the above aad V� Ill mem, who hong by nue duly suer, "Ch 1'u Hlnfelf, did Say Chat they a, respeelimly the _ and YJMPMSI&m , afraid ('opera:bn: ;lul the.aW aKxd Z. —mid icnramrnt i. rhe xeal a: -*J Uu Ifthlo add lha IoW inr(run=1 was by In= Signed and Iculal! 0n ixhulf of the said C:xporaiml by authurny of ib hard of ISrnlars, vol each or them "imawlelgod the exaurwn of Enid inxtnm.% to be the rulunLry yd and drrd of said Cogwra'an, by :t aid Wdl of Them volJnurily armed. In Waneta Whercd. I hale limunm Signed by name ;Ind affixd my Natalia]Su: lbe daY zed Year L7af above w. urn. NOTARIAL SHAL Salary PUNie in rnd fa. Lhneun County. Stec of Iowa Catlaslm gi t'nroe EXHIBIT e1C" Book: 3860 Page: 602 SerqMM App 12 a.M" 1211 r canxnw. xu.,ew nrro 1 My GgrnnlMron Et in Salary PUNie in rnd fa. Lhneun County. Stec of Iowa Catlaslm gi t'nroe EXHIBIT e1C" Book: 3860 Page: 602 SerqMM App 12 Pape 1 of i E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF A**Corrective Assignment P+gwa Catherine M. Frannie- 325 South Clinton St F()_Box Iowa Cid Infumaim: bdividuai•sflame Stall Addrys Oily e: 0611 :99:31 PM 3926 Pa880 —. rrlr;;�: « OF MORTGAGE DOTE AND MORTGAGE KNOW ALL BY THESE PRESENT: That Iowa State Bank and Trust Company , a corporation duly organized rpor } �enize<land existing under the laws of the State of Iowa Assignor, in consideration of the sum of Ninety Six Thousand and o01fa0 I)OTJARS (396,000,00_)inhand paid by Countrywide.IMcuntent Custody Services, a division of Treavury Bank, N.A. - Assignee, receipt whereof is hereby acknowledged, does hereby sell, assign, irdns*r and set over, to the Assignez, its successors and assigns, that =-lain mortgage executed byJuan Neutae and Adrian Neutze, as husband and wife ac Mnrlgagnr(s) having the date of the list day of _ . March 2005 filed for record in the Office or the County Ree-urder of the County of Johnson Stale of Iowa, on the _5+h day of 2005 , and revrdel in Book _ 3%knC , page _.. 1] as Document number of the Johnson __, County. Iowa records, and the Mortgage Note relating therein. IN WIT'N'ESS WHEREOF. this instrument is executed this 91st dayor_, 2005 S I ATH OF IOWA ) )� o COUNjY ()J'Johnwn ) o m On this 31st day oi' March 2005 before me, the undersigned Notary % in�!d for County and State, Personally appeared Jeffrey J Nfekm and Christine L. Fehlber9 _• to me iuscrfallyuMn• wV being by me duly sworn did say that they are thcVice-President and Vice -President C-)-< respectively of raid corporation, that (no seal hac been procured by said) (Ihe seal mixed hereto is the seal c t iTi71` on.4lhut said instrument was signed (and sealed) on behalf of slid corporation by authority of its Board of Diruqu Fnini]Itai the Iowa State Bank and Trust Corttpgny _. as such offi=.% acknowlcdeptV exez��inn o instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execulel. r cn ','v C THERIN \oary Peblic Catherine lit Fr nz R f � • ',•' i^. Csrm�. a Oen My CommcnvaE�Yylrvi v.c- its Vice-Prtsident �'• �Ul�i InATL [SEAL( •, •••}�'* rvamelChrixtinr 1.. Vehlberg =��•""""�� Its Vice -President S I ATH OF IOWA ) )� o COUNjY ()J'Johnwn ) o m On this 31st day oi' March 2005 before me, the undersigned Notary % in�!d for County and State, Personally appeared Jeffrey J Nfekm and Christine L. Fehlber9 _• to me iuscrfallyuMn• wV being by me duly sworn did say that they are thcVice-President and Vice -President C-)-< respectively of raid corporation, that (no seal hac been procured by said) (Ihe seal mixed hereto is the seal c t iTi71` on.4lhut said instrument was signed (and sealed) on behalf of slid corporation by authority of its Board of Diruqu Fnini]Itai the Iowa State Bank and Trust Corttpgny _. as such offi=.% acknowlcdeptV exez��inn o instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily execulel. r cn ','v C THERIN \oary Peblic Catherine lit Fr nz R f � • co My CommcnvaE�Yylrvi v.c- v --O kwe State Batik & Trust P Kefu rn /D- AO Box. 1700 Iowa Ciry, IA 5"A = Johnson County, State of Iowa My Commissitm Expires: 04/09121109 Book: 3926 Page: 880 Seq� App. 13 Page i 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: $32.00 Revenue Tex: Kim Painter RECORDER Johnson County, Iowa THIS INSTRUMENT PREPARED BY Benjamin W. Hopkins / 1350 NN 138'h Street, Suite 100, Clive, IA 50325-8308 - RETURN TO: Petosa Law Firm, 1350 NW 130th Street, Suite 100, Clive, 1A 50325 Petoea - THIS ASSIGNMENT is made as of this _ day of nfPrnt�lr�l 20 , 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 Neut2e and Adriana Neutze, husband and wife, given to secure payment of the sum of $96,000.00 plus interest, dated 03/31/2005 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 Assiggaent as of the date first above written.— CD m —n :Zin N .<r- a t71 m D o ut Neutze/1927 Grantwood Street, Iowa City, IA 52240 6 r Book: 5456 Page: 541 Seq: 1 ( App. 14 Page 2 of 2 E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT COURT ofAuvuu,IVA3/a/ bfcwd,4P)tI&AAwC,NA AIX14 d`tt,�stfNe,rsBK/AG,at{rw;JtBgue,vA,F/KJN NT YWIDE DOCUM�I CUSTOD SERV -CES, A DIVISION OF TREASURY BANK, N.A. By: 7V�n�_..,ti.� �> - 1? -/7I15 Name: -£ —' Its: li�Sr�F.,nfyit,. Piz snj By: 12-715 Name: It/irthghl 42en�e pobrhren Its: j+Ssrs41n-r I/ice P/a1r' of L►iV Our file I - ACKNOWLEDGMENT State of kin i t'','74t� Countyof M411.ICJrc. 1 OnCln4brti_ before me, Ljl&aA Cr Personally appeared kitfri hAxifAojb'n,,,Mirllck AeAAr t2obin con proved to me an the basis of satisfacto evidence to be the person(s) wh name(s) I subscribed to the within instrument and acknowledged to me e/she he executed the same in hisAter etr uthoriud capacity(ies), and that by his/h thei ignaturc(s) on the instrument the persons , or the entity upon behalf of which the perso s acted, executed the instrument. N O T certify under PENALTY OF PERJURY under the laws of the State of�jR� tha I i the foregoing paragraph is true and correct. D� z c",-< — �- --in N Witness my hand and official seal. =fit j = M /di-2�� Signature j (Seal) CD U1 Neutze/1927 Grentwood Street, Iowa City, IA 52240 X kli,- Book: 5456 Page: 541 Seq:2 App. 15 Bankofllimerke-01- 11/02/2016 No"o. Datr. March 20, 2017 JUAN NEUIZE Account No.: - 1927 Grantwood St vroperRy Address. Iowa City, IA 52240-5902 D..i 1927 GRANTWOOD ST IOWA CITY, IA 52240 Notice of intent to accelerate and right to cure default Este es un aviso Importante respecto 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, NA. services the home loan described above on behalf of the holder of the promissory note (the "Noteholder7. 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: --]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 N O _O m D..i �ra_ m M �x 0 D C cn --]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 Chare%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 03/012017 $404.62 $360.29 $0.00 $764.91 Late Charges: Month Amount 03/012017 $20.00 Total Monthly Charges: Current Late Charges: Prior Unpaid Late Charges: Total Other Charges/Fees: Partial Payment Balance: TOTAL DUE $1529.82 $20.00 $20.00 $15.00 (50.001 $1,584.82 TOTAL REQUIRED TO CURE THE DEFAULT AS OF THE DATE OF THIS LETTER: $1,584.82 You have 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 $1584.82 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 002 be considered cured unless Bank of America. NA 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, NA 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 senta„to us, we can keep the payment and apply It to the debt but still proceed to foreclosure since thq2�efault NBuld not have been cured. c� c -n D—r z The failure to cure the default on or before April 29, 2017, may result In acceleration of tl in(rls sired lF' the security instrument, foreclosure by judicial proceeding and sale of the property. You tkf the righttp� reinstate after acceleration and the right to assert in the foreclosure proceeding the no Tenist4te of la" default or any other defense to acceleration and foreclosure. 1 If you fail to are the default, Bank of America, NA and the Noteholder shall be entitled t4roceed=th the initiation of a foreclosure action or procedure. In addition, Bards of America, NA and the NoteholdeiFRall be entitled to collect all expenses incurred by Bank of America, NA 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, NA may, enter upon and conduct an inspection of your property because your loan Is in default. The purposes of such an inspection are to (1) observe the physical condition of your property. (il) 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 terns 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, NA, 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 = 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 very I cost housing counseling across the nation. Housing counselors can help you understand the law �l your lons. They can also help you to organize your finances and represent you in negotiations with ygoitignd f you need this assistance. You may find a HUD -approved housing counselor near you by calling4116469�87 or� visiting HUD's website at http://www.hud.gov/offlces/hsg/sfn/bcc/hcs.cfm. For the hearird?04airad, HUD Counseling Agency (TDD) numbers are available at 800.877.8339. You may also contact "MD "rove counseling agency directly. t— o� = o Time is of the essence. Should you have any questions concerning this notice, please contRt us irje§pdiately at 800.669.1904. Our office hours are Monday through Thursday, 7 a.m. to 11 p.m.: Friday, 7 a.m.cla 7 p.m. and Saturday, 7 a.m. to 2 p.m. Central. Bank of America, N.A. Home Loan Team 0 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 Mall PO Box 31785 Tampa, FL 33631-3785 To mall a PO Box 650070 payment Dallas, TX 75265-0070 App. 19 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 sans due under the note. As a result, Bank of America NA 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.J/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 PERSONNEUSERVICEMEMBERS: 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 877345.0693. 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 legalasslstance.law.af.mil, and through HUD -approved housing counseling agencies, which you can find at hud.gov/offices/hsg/sfh/hcc/hcs.cfm. M N 0 O �y m n C-) -yc) _ N r m Dn= cm M M E -FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT C 10n4aot6 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your Income and expense Information available so we can discuss which option(s) could work for you. Options to consider if your goal Is to stay In your home 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 time. This may include principal, interest, fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for 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 loan. Loan 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 and 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 mortgageflion 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 lose 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 (nonffAFA) on that mortgage. Offered to borrowers not eligible for RAMP or other home retention altematives, and who were not able to sell the property through a short sale. c We are here to help you. Please call 0 us todaocc;) s rn M oT E -FILED 2017 SEP 08 1:14 PM JOHNSON - CLERK OF DISTRICT CLIUK 1 1011412016 Hay opciones disponibles para ayudarle a Evitar is Ejecucion Hipotecaria Llame al n6mero que aparece en la notificacl6n adjunta para obtener ma's informaci6n Cuando Home, por favor tenga a Is mano Is informacl6n de sus ingresos y gastos pare quo podamos discutir cubles opciones podrlan funelonar para usted. Opclones a considerar sl su objetivo es permanecer on su casa Rsstablscimlento Si usted puede poner al dle los pagos de su prbstemo, aceptaremos los Tondos necesarlos pare del Pr6stemo qua el pr6stamo estb al dle haste Is feche de Is vents por ejecuci6n hipotecaria. Plan de Pago Un plan de pago Is permits a usted hater sus pagos hipotecados ragulares, adem6s de pager una D —1 porcl6n de los montos vencidos a travbs del dempo. Fsto puede incluir capital, inter6s, cargos o costos eplicados a su pr6stamo. Acuerdo Es un scuerdo an el coal aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro de los Temporal de pagos por un periodo de tiempo, pare permitirle qua restablews su habilidad de hater los pagos Tolerancla por requeridos. Incumpllmiento Modlficacl6n de Una modificaci6n del pr6stamo as un cambio on los t6rminos originales de su pr6stamo, Las Pr6stamo modificaciones poddan induir reducir su toss de interbs, extender at t6rmino o Is fecha de pago (no por medio de del prbstamo, cambier de un pr6stamo de tars de intents ejustable a uno de lase de inter6s fija, HAMP) diferir una parte del saido del capital impagado al final del pr8stamo, y/o condoner una parte del saIdo de capital impagado. Reclamo Partial Si usted Bene un pr6stamo de Is Administraci6n Federal de Vlvlenda (FHA) y sus pagos est6n (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de Is hlpoteca, este programa pr6stamos de Is estb diseRado para qua su pr6stamo este al dla madiante Is creacl6n de una Segundo hipoteca / FHA) gravamen sobre su propieded por el monto qua estb vencido. ro CM_ O *n am C T • 1 D —1 Z �n N rn M = D p m E -FILED 2017 SEP 08 1:74 PM JOHNSON -CLERK OF DISTRICT CO 1 Wi42016 Opclones a considerar sl no puede o no desea quedarse on su casa Vents on Si usted ya no puede hater sus pagos hipotecarios y su vivienda vale menos de to qua usted descubierto / adeude, une vents an descubierto Is podria permitir vender su vivienda para pager Is hipoteca. En Vents previa a Is una vents an descubierto, el prestamists acepts recibir una monto manor de to qua actualmente se ejecucl6n adeuda an el pr6stamo. Se ofrece a los prestatados qua no califican pare HAMP o pare otras hipotecarla (no alternatives de retenci6n de la vivienda. por medio de a = HAFA) Eseriture de Se use oomo una alternative de Is ejecuci6n hipotecaria. Con una escritura de traspaso voluntario traspaso de de propieded an luger de Is ejecucl6n hipotecaria, usted transfiere Is tltularided de su vivienda y propladad an toda Is propiedad quo garantize su pr6stamo hipotecario. Esto puede hater quo of monto total lugar de Is vencido de esa hipoteca se considers tomo pagedo. Se ofrece a prestatados qua no califican ejecucl6n para HAMP u otres options de retenci6n de vivienda, y qua no pudieron vender Is propiedad a hipotecaria (no travels de una vents an descubierto. por medlo de HAFA) Estamos aqui para ayudarle. Por favor Ilamenos hoy. App. 23 0 o m v -n �rn N rn �x a = D O cp App. 23 E -FILED 2017 SEP 8 };}yam„Ptjp{%qh- CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTHLAW 913.663.7600 couthlaw.com A Protaattonat Corporation M 1. Missouri • Kansas • Nebraska • Iowa August 11, 2017 Juan Neutze 1927 GrmGwood St Iowa City, IA 52240 Re: Notice of Acceleration of Indebtedness - Notice of Mortgage Mediation Assistance Property: 1927 Grmtwood St, Iowa City, IA 52240 Loan Servicer: Bank of America, N.A. Loan Number. ( Original Loan Amount: $96,000.00 Date of Note: Match 31, 2005 Creditor. Bank of America, N.A. File No. _ Dear Borrower and/or Owner: Ibis 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 pa}mtent of the Note and a failure to care 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 foil, 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 atter be tendered (money order or cashier's check) and made payable to Bank of America, N.A., and mailed or delivered directly to: Southl.aw, P.C. Attn: Loss Mitigation Department 13160 Foster Suite 100 Overland Park KS 66213-2660 _o E5 O° 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 poWW cl�* is AW the funs will be returned if there are additional questions about the information contained in this letter, taw cDM ;t the Lana Mitigation Department: -f -in IV 1 Q Telephone: (913) 663-7600 or toll free at 800-391-1536 if calling from Kansas, Missomi, NebntW�%-lova. M (8:30 am. - 4:30 p.m. Central Standard Time) 0 M Regular Mail: 13160 Foster Suite 100, Overland Pads, KS 66213-2660 S. - 9c Fax: (913) 663-7899 v O -b E-mail: lossmi amuthlaw.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 en brcemem of the lien against the collateral property. The law firm of Soudd.aw, 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 mE" App. 24 Mortgage Mediation Notice You are receiving this notice because (1) you 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 avallable through Iowa Mortgage Help, a State of Iowa sponsored program. Delp Is available Iowa M ortgage 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 rpt here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-977-6224856 as won as posslhhe. 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 th mugh 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 Is NOTm too late. There is still time for hdp. C.) Do Not Delay. This may be your best chance to save yalvg ev F - home from foreclosure. -<m a Call 1.877-622-0866 today or go to IowaMortgageHellEi&L This free call could save your home. o cn Iowa Mortgage Help 1-877-622-4666 Pall www.lawaMortgageHelpi oorn This natte Is being pruAded as requ bed by Iota Code 6l tim 654.4e(2). App. 25 E -FILED 2017 SEP8 CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 S 0 U T H 0 L A W 913.663.7600 southtaw.com A Professional Corporation peg,,,,, Missouri a Kansas • Nebraska • Iowa August 11, 2017 Adrian Neutze 1927 Gnmtwood St Iowa City, IA 52240 Re: Notice of Acceleration of Indebtedness — Notice of Mortgage Mediation Assistance Property: 1927 Grmdwood St, Iowa City, 1A 52240 Loan Servicer: Bank of America, N.A. Loan Number — Original Loan Amount: $96,000.00 Date of Note: March 31, 2005 Creditor. Bank of America, N.A- Pile No. _ Dear Borrower and/or Owner. This firm represents the CYeditor 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 Move. 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 M=b 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 anti 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 N Overland Park, KS 66213-2660 _o O e>e Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. ifis tiered, the funds will be retuned. If there are additional questions about the information contained in this lett t1trE,ass _ Mitigation Department: :=in N r S Telephone: (913) 663-7600 or toll free at 800-381-1536 if telling fmm Kanses, Missouri, NeV�a 60r ar 1 a r -n a (8:30 a.m. - 4:30 p.m. Central Standard Time) p� 2A Regular Mail: 13160 Foster Suite 100, Overland Pads KS 66213-2660 09 Fax: (913) 663-7899 p I E-mail: lossmitasoutblaw.com M If you are in bankruptcy or received a bankruptcy discharge of this debt, this comumnication 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. App. 26 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 lwm-.ponswvd program. help is available Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Fnance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. lows Mortgage Help is here to assist you in working through your situation. Please call 1.877822.4886 as soon as posslMi The earlier you call, the more motions that are evadable to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confideraial advice through each stop 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 FleIp. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you wil I lose your horse. It is No0 too late. There is still time for help. - m c, Do Not Delay. This may be your best chance to save ybar–+ home from foreclosure. _ —_tom no r :<m a m Cell 1-877.622-1866 today or go to IowaMortgageHeIRmn. = This free call could save your home. T' o m I ' \ Iowa Mortgage Help 1-877-622-4866 www.IowaMcrtgageHeIp.com TMs natte Is being proamed n reWlmd by Ima Gotle www 554.9B(4. App. 27 E -FILED 2017 SEP 21 1:08 PM JOHNSON - CLERK OF DISTRICT COURT State of Iowa Case Number: E00VO79296 Plaintiff: BANK OF AMERICA, NA Ys. Defendant: JUAN NEUTZE; ET AL For: SOUTHLAW, PC. 13160 FOSTER Ste. 100 Overland Park, KS 88213 AFFIDAVIT OF SERVICE County of Johnson District Court 11111111I1Ip1117111Ill L20 Received by ARISTOCRAT PROCESS SERVINGi11AS on the 11th day of September, 2017 at 11:29 am to be served on JUAN NEUTZE, 1927 GRANTWOOD ST., IOWA CITY, IA 52240. I, RICHARD GADIENT, being duly sworn, depose and say that on the 18th day of September, 2017 at 8:55 pm, I: PERSONALLY SERVED by delivering a true copy of the .ORIGINAL NOTICE, FORECLOSURE PETITION, AND EXHIBITS to: JUAN NEUTZE at the address of.- 1627 GRANTWOOD ST., IOWA CITY, IA 52240. I certify that I am over the age of 18, have no interest in the above action, and am a process server in good standing M the judicial circuit M which the process was served. I declare under the penalty of perjury that the foregoing is true in substance and In fact to my best Information and belief. WT DlNA fll NIMH pNumber782179 AGI 0 m ARISTOCRAT PROCEu99r W*MS M 115 E. Park St. Ste. D Olathe, KS 66061 C:) (918)780.2007 Cn Our Job Serial Number: AIL -2017023717 Ret, 205548-843505 Cep/rip,tO1W?Mn 0a1tls 8nMan. ft..! ao BnwM1Teelb 002, ® PDF created With pdfFactory trial version www. dffa m App. 28 E -FILED 2017 SEP 21 1:08 PM JOHNSON - CLERK OF DISTRICT COURT IN TITS IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, NA Plaintiff, Va. Juan Neutza a/k/a Juan Miguel Neutze; Adriana Noutm; Parties in Possession; Caeh, LLC; City of Iowa City, Iowa; L 8t M Accounts, Inc.; PFM, L.C., a/k/a Portiblio Fund Management, L.C.; State of Iowa Defendants. EQUITY NO: EQCV079296 ORICINAL NOTICE To the abovo-named defendant. Juan Neutra, wW& Juno Miguel Neutae,1927 Grantwoed St, Iowa City, IA 52240: You are notified there was filed in the office of the Clerk of the above-namedCot4 a Petition, copies of which are &trached hereto. Ile Plaintiffs attorney is Easily Barteltoske, do SouthlAw, P.C., 1401 50th Street, Suite 100, West Dea Moines, IA 50266. You mast, within 20 days atter service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa Dianict Court for Johnson County, at the county courthouse in lows City, Iowa If you do not, judgment by detault may be rendered agantat you for the relief demanded in the petition. If you need assistance to participate In court due to a disability, call the disabitlty coordinator at 319-398-3920, ext 1105, Persons who are hearing or speech impsdred may call Relay Iowa TTY at 1400-735-1941. Dissbft coordinators cannot provide legal advice. F& No. 205543.843505 11111111 rn v App. 29 N O_ � A m Clerk of the District Court D—t Johnson County Courthouse n N lows City, Iowa —+n �rn 1MPORTANT O� YOU ARE ADVISED TO SEEK LEGAL ADVICE AT r' O ONCE TO PROTECT YOUR INTERESTS. F& No. 205543.843505 11111111 rn v App. 29 J State of Iowa E -FILED 2017 SEP 21 1:08 PM JOHNSON - CLERK OF DISTRICT COURT Case Number: EOCV079296 Plaintiff: BANK OF AMERICA, NA Vs. Defendant: JUAN NEUTZE;ETAL For., SOUfHLAW, P.C. 13180 FOSTER Ste. 100 Overland Park, KS 66213 AFFIDAVIT OF SERVICE County of Johnson District Court 11111111411111111111111 AIL2017D23718 Receivedby ARISTOCRAT PROCESS SERVINGIKIS on the 11th day of September, 2017 at 11:29 am to be served on ADRIANA NEUTZE,1927 GRANTw00D ST., IOWA CITY, IA 62240. I, RICHARD GADIENT, being duly sworn, depose and say that on the 18th day of Seplember, 2017 at 8:55 pm, I: RESIDENTIALLY SERVED by delivering a hue copy of the .ORIGINAL NOTICE, FORECLOSURE PETITION, AND EXHIBITS to: JUAN NEUTZE as SPOUSE,at the address of 1527 GRANTWOOD ST., IOWA CITY, IA 82240 of thew" named person's usual place of abode, who resides therein and is of suitable age and discretion. I certify that I am over the age of 18, have no vtterest in the above action, and am a Process server in good standing in the judicial circuit in which Me propose was e,rvad. 1 declare under the psmeKy and in fact to my best Information and belief. of perjury that the foregoing is true in substance ARISTOCRAT PROCESS 9 NCVS s • 1 115 E. Park St p 7D Ste. D Olathe, KS 88061 D C (913) 780.2007 -.-r Our Job Serial Number: AIL -201702371 8 Ref: 205543-843505 Capyrq�'4 i9trd�11 Dokpope &frvIEK, hw. Pipq¢,. Pgmr'e Toobm Nap ® PDF created with pdfFactory trial version www,pdffactory.com App. 30 I , . E -FILED 2017 SEP 21 1:08 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A. ) Plaintiff, )EQUITY NO: EQCV079296 vs. ) ORIGINAL NOTICE Joan Nedtze a/k!a Joan Migual Neutze; Adrian ) Neut w; Patties 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 Adrian Neatze,1927 GrantwDed St, Town City, TA 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 Plaintiffs attorney is Emily Rartawske, c/o South Law, P.C.,1401 50th Street, Suite 100, West Des Moiaes, IA 50266. You must, within 20 days niter service of this Original Notice, upon you, serve, add within a reasonbie time thereafter, file a motion or answer, in the Iowa District Court for Johnson County, at the county courthodae in Towa City, Towa. 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 319-3983920, ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800.735-2942. Disability coordinators cannot provide legal advice. File No. 205543-843505 W] App. 31 V Clerk of the District court on m c� Johnson County Courthouse )> sy Iowa City, Iowa C')-< IMPORTANT _Gm C:)= = YOU ARE ADVISED TO SEEK LEGAL ADVICE AT �� w ONCE TO PROTECT YOUR INTERESTS. D ca J File No. 205543-843505 W] App. 31 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC, Plaintiff, VS. 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.; and State of Iowa, Defendants. EQUITY NO: EQCV079296 APPLICATION FOR DEFAULT JUDGMENT ENTRY Pursuant to Iowa Rule of Civil Procedure 1.972 MOTION FOR SUMMARY JUDGMENT Pursuant to Iowa Rule of Civil Procedure 1.981 I. Application for Default Judgment Against Defendants. Parties in Possession. Cach, LLC; City of Iowa City, Iowa, L & M Accounts. Inc., and PFM. L.C., a/k/a Portfolio Fund Management, L.C. The Plaintiff respectfully requests the Court or the Clerk of the Court, pursuant to I.R.Civ.P. 1.972, enter default judgment upon the Defendants, Parties in Possession, Cach, LLC; City of Iowa City, Iowa, L & M Accounts, Inc., and PFM, L.C., a/k/a Portfolio Fund Management, L.C., and in support thereof Plaintiff states: 9 The Petition in this case was filed on or about September 8, 2017, o o m Defendants have been served with Original Notice of these proceedings ag-11 owa tv DEFENDANTS DATE SERVEWZ to SL File No. 205543 Case No. EQCV079296 a W r cc: CA CA go (-RCM-6") Ncclr'-4�) ( A&x'6TDCe) f' Juan Neutze September 16, 20 Adriana Neutze September 16, 2617 Parties in Possession September 16, 2017 Cach, LLC September 15, 2017 City of Iowa City, Iowa October 12, 2017 L & M Accounts, Inc., Via certified mail pursuant to Iowa Code Section 654AA on SL File No. 205543 Case No. EQCV079296 a W r cc: CA CA go (-RCM-6") Ncclr'-4�) ( A&x'6TDCe) September 11, 2017 PFM, L.C., a/k/a Portfolio Fund Management, L.C., September 12, 2017 3. Defendants, Juan Neutze and Adrian Neutze, filed their Answer in response to Plaintiffs Petition by and through counsel of record on or about September 29, 2017, along with a written Demand for Delay of Sale. 4. Defendant, State of Iowa, filed its Answer and Consent to Decree in response to Plaintiff's Petition by and through counsel of record on or about October 23, 2017, and requested only that the proceeds remaining after satisfaction of the indebtedness due be distributed to junior lienholders in accordance with their relative lawful priority. 5. Defendants, Parties in Possession, Cach, LLC; City of Iowa City, Iowa, L & M Accounts, Inc., and PFM, L.C., a/k/a Portfolio Fund Management, L.C., have failed to serve and file responsive pleadings in this matter as evidenced by the attached Affidavit of Docket Search attached and marked as Exhibit "A" and by reference made a part hereof. 6. In further support of the Application for Default, the undersigned certifies that Written N O Notice of Intention to File Application for Default Judgment was given to defaulting Defendantija?artie� in Possession, Cach, LLC; City of Iowa City, Iowa, L & M Accounts, Inc., and PFM, Lbt A)a PthtfoliF Fund Management, L.C., after the default occurred and at least 10 days prior to ti;;4png of thifri rn Application. An Affidavit evidencing the same is attached and marked as Exhibit `B" ati"d re=encec:� w made a part. Z7' 7. The Plaintiff has previously filed an appropriate Affidavit of Plaintiffs Lien, Affidavit of Non -Military Service, and Rule 1.211 Affidavit; and Affidavit of Attorney's Fees. S. An Affidavit of Plaintiff in support of Judgment signed by the agent and representative of the Plaintiff is attached and marked as Exhibit "C" and by reference made a part. 9. In further support of its request for judgment, Plaintiff has produced evidence of the indebtedness. 2 H. Motion for Summary Judement Atainst Defendants, Juan Neutze and Adriana Neu COMES NOW the Plaintiff, pursuant to I.R.Civ.P. 1.981, and moves for summary judgment against Defendants, Juan Neutze and Adrian Neutze, for the relief demanded in the Petition, for the reasons enumerated in its supporting statement filed along with this motion. Alternatively, Plaintiff moves, pursuant to Rule 1.981(4) for an order establishing such facts and relief as may be appropriate for the purposes of the trial and such further proceedings as may be warranted in this matter. In support Plaintiff states as follows: 10. Plaintiff hereby incorporates paragraphs 1-9 of its Application for Default Judgment set forth above as if fully set forth. 11. Plaintiff, received and is the current holder of a promissory note (the "Note') executed by Juan Neutze in favor of Iowa State Bank and Trust Company, and a real estate Mortgage (the "Mortgage") executed by Juan Neutze and Adriana Neutze to Iowa State Bank and Trust Company, all as set out in the Plaintiffs Petition and the Statement of Facts attached. N 0 C= 12. The Note was endorsed in blank, without recourse, and the Mortgage i,;�Hssiaaed to - n y Plaintiff by Assignments of Mortgage, all as set out in the Plaintiffs Petition, MQtigKfo�rderr eco rn Substituting Party Plaintiff, and the Statement of Facts attached. ..<I— � 13. After applications of all credits and adjustments to the Note of the D¢fin'dant -there w .c - remains due and owing to the Plaintiff the sum of $79,618.80 with interest at 5.375% per annum from March 1, 2017, through May 18, 2018, in the amount of $5,192.14, and continuing interest at such rate until fully satisfied; plus escrow advances in the amount of $5,390.35; sums expended for property inspections in the amount of $220.00; less credits for unapplied/suspense balance in the amount of ($47.18); as well as filing fees of $185.00; lis pendens fee of $50.00; service and certified mail fees of $422.82; title expenses of $225.00; and attorneys' fees of $5,633.50. 14. All parties to this action have been accorded their rights and notices in accordance with 3 the laws of the State of Iowa and have been served or entered their appearance in this matter. 15. Defendants, Juan Neutze and Adriana Neutze, filed their Answer and Demand for Delay of Sale in response to Plaintiffs Petition by and through counsel of record on or about September 29, 2017, where they admitted some of the allegations in Plaintiffs Petition, specifically denied others, stated lack of information for the remaining allegations, and set forth alleged affirmative defenses of failure to comply with Mortgage, failure to comply with 15 U.S.C. § 1692(g), failure to comply with Iowa Code § 654.4B(2), failure to comply with Iowa Code § 654.20(1), Mortgage provisions contrary to Iowa law, and lack of standing; but said Defendants failed to set forth any evidentiary support to deny any of the allegations in Plaintiffs Petition or to prove any such alleged defenses. 16. All the Defendants claim some right, title and interest in the Mortgaged Property, but the liens, interest and rights of each of the Defendants in and to the Mortgaged Property are junior, subsequent and inferior to the lien of the Mortgage. 17. Plaintiff is entitled, as a matter of law, to the foreclosure of the Mortgage and it is the Plaintiffs belief that no defense exists against said claim; that no material fact necessary to support it is in genuine dispute, and that Defendants, Juan Neutze and Adriana Neutze, have no legitimate claim, and cannot claim under oath, that such facts are untrue. 18. Previously attached, marked Exhibit "C" and by reference made a part hereof is the ro 0 Affidavit in support of this Motion for Summary Judgment signed by the agent and repasentat$ of the Plaintiff. 19. Attached is the supporting Statement of Facts and Memorandum of All s,gukqri Exhibits "D" and "E", respectively, and by reference made a part hereof as if fully set forth:'. CO 20. Plaintiff further states that it has incurred attorney's fees in this action in the am6unt of $5,633.50, as evidenced by the Application of Attorney's Fees attached and marked as Exhibit "F". Plaintiff anticipates incurring additional attorney's fees at the rate of $215.00 per hour until judgment is entered in this matter, and will file a Supplemental Application for Attorney's Fees at the time of filing of the proposed Decree. 4 21. Plaintiff sent a notice of right to cure to the borrower as required by Iowa Code § § 654.2B and 654.2D, as evidenced by a true, correct and genuine copy of a Business Record Affidavit (along with supporting documentation) attached to Plaintiff's Motion as Exhibit "G". 22. Attached to Plaintiff's Motion as Exhibit "G" is a Business Record Affidavit (along with supporting documentation) showing Plaintiff made loss mitigation efforts over the course of the loan in an attempt to provide an alternative to foreclosure; thus further supporting Plaintiff's allegations and refuting Defendants' claims and allegations of failure to comply with conditions precedent to acceleration and foreclosure. WHEREFORE, the Plaintiff moves for summary judgment in its favor and against the Defendants, Juan Neutze and Adriana Neutze, in accordance with I.R.Civ.P. 1.981, et seq. Plaintiff prays that if a resistance is filed such that the Court requires a hearing on this Motion, any such hearing be conducted by telephonic conference call, based on the Plaintiffs expectation that there will be no disputed issues of material fact which will require an evidentiary hearing on this Motion. Plaintiff further prays that upon said hearing the Court grant summary judgment in favor of the Plaintiff and against Defendants, Juan Neutze and Adriana Neutze, and for such further and other relief as the Court deems just and equitable. Respectfully submitted, SOUTHLAW, P.C. /s/Rodney W. Kleitsch o Rodney W. Kleitsch (AT0009037) CO 1401 501h Street, Suite 100 771-1 n� West Des Moines, IA 50266 (515) 223-7325, Ext. 362 Gm a (515) 223-7276, Fax p� Rodney.Kleitschnasouthlaw.com =� Attorneyfor Plaintiff r 5 Certificate of Service In support hereof, the undersigned states that a true, correct and genuine copy of the foregoing Plaintiffs combo Application for Default Judgment Entry and Motion for Summary Judgment (along with the attached exhibits and related documents) was served either electronically or via U.S. Mail, postage paid, on the 24th day of May, 2018, to: PFM, L.C. c/o Curtis G. McCormick 808 13"' Street West Des Moines, IA 50265 CACH, LLC c/o Corporation Service Company 505 51 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 N o Attn: Ryan A. Maas p P.O. Box 2450...— Iowa City, IA 52244 Attorney for State of Iowa n ^r Parties in Possession rn a, =' 1927 Grantwood St.' Iowa City, IA 52240 1 L&M Accounts, Inc. c/o Lary A. Vanert (Registered Agent) 4003 36' 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 Is/Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) IN THE DISTRICT COURT FOR JOHNSON COUNTY Carrington Mortgage Services, LLC, ) EQUITY NO: EQCV079296 Plaintiff, ) AFFIDAVIT RE DOCKET VS. ) SEARCH AND MILITARY SERVICE Juan Neutze a/k/a Juan Miguel Neutze; Adriana Neutze, et al. ) Defendants. ) STATE OF IOWA ) ss. COUNTY OF POLK ) Under penalty of perjury and pursuant to the laws of the State of Iowa, I state that I am plaintiff's attorney, and that on this date I downloaded the computerized court docket in the Office of the Clerk of Court for this case. I found ending on the �qt )+day of /' I^R 2018, that all defendants had been served with an Original Notice in this matter. The only Defendants appearing in this matter are Juan Neutze and Adriana Neutze who filed an Answer, and State of Iowa which filed an Answer and Consent to Decree. Defendants, Juan Neutze and Adriana Neutze to the best of Plaintiff's knowledge, are not on active duty in the military service of United States of America as evidenced by the attached Military N Status Reports obtained from the Department of Defense Manpower Data Center. S/OUUTTHLLAW�, P.Cp /m!. .C�� r/ �/' '✓may / Rodney W. Kleitsch (AT0009037) 1401 501 Street, Suite 100 West Des Moines, IA 50266 (515) 223-7325, Ext. 362 r (515)223-7276, Fax Rodney.Kl eitscha.south law.com Attorney for Plaintiff Subscribed and sworn to before me on Mak 44. 2018. T commission Number 801964 Commission Expires Notary Pu awn February 23, 2020 STATE O IOWA, COUNTY OF POLK My Commission Expires SL File No. 205543 Case No. EQCV079296 EXHIBIT A Department of Defense Manpower Data Center a,, ... pp�y� h I py^y1441�� .I y as SSN: Achve Duty Stanbala Birth Date: Stawi Last Name: NEUTZE First Name: JUAN Middle Name: iNaleaponx a" itia NdivlduaW aosve duty stalua based on she Anuva Dutyeiama NO, Status As Of: May -24-2018 Certificate ID: GDPY2CKR5GWV2JN Results as at: May.44Q018 00.19.48 AM SORA 4.4 ... on AHrvrDWy on Adive Duty stat" Date Achve Duty Stanbala A4ax ��ryrattl Data Stawi SaNlx CxtpdnM NA ' .., No '..� NA No NA iNaleaponx a" itia NdivlduaW aosve duty stalua based on she Anuva Dutyeiama NO, 1 7 .. `. LMAbve DutyMNne DWiMAdW2.tVSWioa D, te'.. ... ;:. Ap .Dory Bert Dai. Active Cory Ex Data SbtW Sar+iOe Component NA '. NA ' .., No '..� NA nisiraeponx.11.0. MWe Ilia irsfis el tae aen.4.1yel.W. Whin Wdays gacedingeey� 91aWa Dal. 'Ths MeeJ»rWNNMW Urn Was Nomad Ma p"WSCiW-Up WA 6buly on A.we DW SWhs DaW OQWrNMl9xiba start bete "Ordef NotpioadoA E.dpw': Stales -SeNtm compWwM NA NA o' ;..� , Ffo NA TNN .W,.nx relleoW v. Ow aa;,kiaplvefa�'.1.tl ,erdaa hesreaped 4tll"y AaidaWn W tepod IW ao1Ne Judy t Upon searching the data banks orthe Department of Defense Manpower Dete'Center, based on the Information that you provided, the above Is the status of the individual on the active duly statue date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Face, NOAA, Public Health, and Coast Guard). This status Includes Information on a Servlcemember or hlsrher unit receiving notification of future orders to report for Active Duty. MA Is IWOM Michael V. Sorrento, Director Department or Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 N C� cn n—G N :fir— m a _ J. s-' W Department of Defense Manpower Data Center SSN: AGiw DutYeW10a4 Birth Date: elar.. Last Name: NEUTZE First Name: ADRIANA Middle Name: This reponse NIIw111M Indlviduals saWe dWy slalus based on the Advd Duty Sblu. Deb Status As Of: May -24-2018 Certificate ID: TMKFY45ZWLSZSNS Rawfis as of: M.p24-20190"110 AM e RA 4.4 : do Adv. Du" AGri aM elalW DW AGiw DutYeW10a4 Adv. Duty Fnd Daft elar.. Barvb CpnlppMnt NA NA 1 No .' I A This reponse NIIw111M Indlviduals saWe dWy slalus based on the Advd Duty Sblu. Deb IM AGN. Duty WON. MY Dap.I AGNa Duly Sat. D.ft Duty Sidlblft Adv. Dury.End DNe 86Wn SSMos ComponaM NA .; NA . No NA This leyonse WeN"0140 iMNbsel len aGN. dAy slatuar"hIn M7 days pnaMg Nd Apes/ DWy el.luv Dab TIS,. Monslaw w NbM.r.Unawti.NoUIW or. FutNa CmllAlp b Abram bup'an MW. Mir Slats, Nor the Individual on the active duty statue date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and 'ads/ NdrpPlMll etlROH. W..I NOt,iAa511 F1d D,l. STNU, emNaaCplfgNN111 NA NA NO NA TN, r.NN.N ralbabv.N.Uwr lee IndNNusl aNINAN unAM, sae.Nad Mrly inuigson b npoR br MNe dWy Upon searching the data banks of the Department of Defense Manpower Data Center, bans d on the Information that you provided, the above Is the statue of the Individual on the active duty statue date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This statusincludes information on a Servlcemember or his/her unit receiving noligcetion of future orders to report for Active Duty. n Michael V. 59munto, Director m Department of Defence- Manpower Data Center n m a 1 40D Gigling Rd. Seaside, CA 93955 a a _4 m a JY CID IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC, Plaintiff, VS. 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/Wa Portfolio Fund Management, L.C.; and State of Iowa, Defendants. STATE OF IOWA ) )as: COUNTY OF POLK ) EQUITY NO: EQCV079296 AFFIDAVIT OF MAILING NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT The undersigned, first being duly sworn on oath, states that on the 4th day of January, 2018, each of the following named persons were sent a Notice of Intent to File Written Application for Default for having failed to file an answer (true, correct and genuine copies of such Notices are collectively attached hereto and made a part hereof) by U.S. Mail; each such notice, being mailed in the sealed envelope with proper postage thereon, addressed to the same persons respectively, at their last known Post Office addresses, by OVositing the same on said date in United States Post Office mail receptacle, o m Parties in Possession 1927 Grantwood at Iowa City, IA 52240 Cach, LLC c/o Corporation Service Company 505 5th Avenue, Suite 729 Des Moines, IA 50309 City of Iowa City, Iowa c/o City Clerk for Iowa City 410 E. Washington St. Iowa City, IA 52240 L & M Accounts, Inc. c/o Larry A Vanert (Registered Agent) 4003 36th Avenue CT Moline, IL 61265 :Gm a rn _ w r SL File No. 205543 EXHIBIT® _ Case No. EQCV 079296 1 PFM, L.C., aWa Portfolio Fund Management, L.C. c% Curtis G McCormick (Registered Agent) 808 13th Street West Des Moines, IA 50265 SOUTHLAW, P.C. Rodney W,/Kleitsch (AT0009037) 1401 SO Street, Suite 100 West Des Moines, IA 50266 (515) 223-7325, Ext. 362 (515)223-7276, Fax Rodney.Kleitschna southlaw.com Attorney far Plaintiff Subscribed and sworn to before me on 2018. 4 r HEATHER 1 SHEETS o � Communion Number 801964 ? My Commission Expires PUh1iC Fehruar 23, 2020 O �y STATE OF IOVA, COUNTY OF POLK My Commission Expires: O • 2 D.4 c"r�C m ern E370 SL SL File No. 205543 Case No. EQCV079296 2 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A., Plaintiff, Vs. 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.; and State of Iowa, Defendants. TO THE PERSONS LISTED BELOW: Parties in Possession 1927 Grantwood St Iowa City, IA 52240 DATE OF NOTICE: January 4, 2018 IMPORTANT NOTICE EQUITY NO: EQCV079296 NOTICE OF INTENT TO APPLY FOR DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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, N o SouthLaw,P.C. p m m � /s/ Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) rn 1401 50t' St., Suite 100 West Des Moines, IA 50266 (515) 223-7325, ext. 362 (515)223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A., Plaintiff, VS. Juan Neutze a/k/a Juan Miguel Neutze; Adrian 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.; and State of Iowa, Defendants. TO THE PERSONS LISTED BELOW: Cach, LLC c/o Corporation Service Company 505 5th Avenue, Suite 729 Des Moines, IA 50309 DATE OF NOTICE: January 4, 2018 IMPORTANT NOTICE EQUITY NO: EQCV079296 NOTICE OF INTENT TO APPLY FOR DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF+�U IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIJIS NO=E, A, DEFAULTJUDGMENTWILL HEENTERED AGAINSTYOUWITHOUT AHEARWGPYOUMAY t o LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK UW.Oe APVICE AT ONCE. n-< N Respectfully submitted, SouthLaw, P.C. P� /at Rodney W. Kletrsch :: C-.0 z - Rodney W. Kleitsch (AT0009037) 1401 5011 St., Suite 100 West Des Moines, IA 50266 (515)223-7325, ext. 362 (515) 223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, NA., Plaintiff, VS. 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.; and State of Iowa, Defendants. TO THE PERSONS LISTED BELOW: City of Iowa City, Iowa c/o City Clerk for Iowa City 410 E. Washington St. Iowa City, IA 52240 DATE OF NOTICE: January 4, 2018 IMPORTANT NOTICE EQUITY NO: EQCV079296 NOTICE OF INTENT TO APPLY FOR DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 AEVICE AT ONCE. co Respectfully submitted, n < SouthLaw, P.C. - /s/ Rodney W. Kleltsch m v r Rodney W. Kleitsch (AT0009037) 1401 50"' St., Suite 100 West Des Moines, IA 50266 (515) 223-7325, ext. 362 (515) 223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A., Plaintiff, VS. 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.; and State of Iowa, Defendants. TO THE PERSONS LISTED BELOW: L & M Accounts, Inc. c/o Larry A Vanert (Registered Agent) 4003 36th Avenue CT Moline, IL 61265 DATE OF NOTICE: January 4, 2018 IMPORTANT NOTICE EQUITY NO: EQCV079296 NOTICE OF INTENT TO APPLY FOR DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YO]WAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEgAL AINACE AT ONCE. Respectfully submitted, SouthLaw,P.C. Z<r- n /s/ Rodney W. Klellsch — mo Rodney W. Kleitsch (AT0009037) c..) 1401 50' St, Suite 100 West Des Moines, ]A 50266 (515) 223-7325, ext. 362 (515) 223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A., ) Plaintiff, ) vs Juan Neutze a/k/a Juan Miguel Neutze; Adrian 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.; and State of Iowa, ) Defendants. ) TO THE PERSONS LISTED BELOW: PFM, L.C., a/k/a Portfolio Fund Management, L.C. c/o Curtis G McCormick (Registered Agent) 808 13th Street West Des Moines, IA 50265 DATE OF NOTICE: January 4, 2018 IMPORTANT NOTICE EQUITY NO: EQCV079296 NOTICE OF INTENT TO APPLY FOR DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTIP, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU NIAY 3 LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADWE AT ONCE. Respectfully submitted, — SouthLaw, P.C. y /s/ Rodney W. Kleitsch c1� Rodney W. Kleitsch (AT0009037) 1401 50'" St., Suite 100 West Des Moines, IA 50266 (515) 223-7325, ext. 362 (515) 223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC, Plaintiff, VS. EQUITY NO: EQCV079296 AFFIDAVIT IN SUPPORT OF JUDGMENT 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.; and State of Iowa, Defendants State of Callforrk ) ss County of Orange ) Elizabeth A. Osterman AFFIDAVIT of lawful age being just duly sworn, on oath states: 1. He/she is an officer of Carrington Mortgage Services, LLC, ("Plaindff'), is familiar with the facts of this case and is authorized to make this affidavit on its behalf. 2. In my capacity as bice Preslderit , I have knowledge of and am familiar with the practice of Carrington Mortgage Services, LLC and the mortgage -servicing industry in creating, keeping, and maintaining business records. I have access to the business records of Carrington Mortgage Services, LLC, including the business records for and relating to Borrower's loan. I make this,AJiidavit based upon my review of those records relating to the Borrower's loan and from my own`. personal knowledge of how they are kept and maintained. The loan records for the Defendant Born`ewer are maintained by Carrington Mortgage Services, LLC in the course of its regularly conducted bttsines@ activities and are made at or near the time of the event, by or from information transmitted by p,person with knowledge. The loan records accurately reflect the amounts due and owing by Defendants set, forth herein. It is the regular practice to keep such records in the ordinary course of a regularly conducted business activity. 3. Carrington Mortgage Services, LLC, or Carrington Mortgage Services, LLC through its agent, was in possession of the Note at the time of filing this action and at all times thereafter " 4. I am aware of the physical location of the original Note. Borrower was required to make installment payments under the Note. 6. Juan Neutze has failed and refused to make the installment payments as they have become due under the Note and Mortgage since April 1, 2017. File No. 205543 Case No. EQCV079296 EXHIBIT C 7. The Defendant remains delinquent on his payments on the Note, and pursuant to the terms of the Note and Mortgage, Plaintiff has declared the entire indebtedness due and payable as follows: a. The unpaid principal balance of the Note in the sum of $79,618.80: b. The unpaid interest accruing at the rate provided in the Note from and after March 1, 2017, through May 18, 2018 is $5,192.14, -still accruing until the date of judgment. c. Escrow advanced $5,390.35 d. Property Inspections $220.00' e. Unapplied/Suspense Balance ($47.18)' f. All sums paid by Plaintiff or due from the Defendant prior to sale for real estate taxes and hazard insurance premiums; g. All sums paid by Plaintiff or due from the Defendant prior to sale for property inspections or maintenance expenses, if applicable; Carrington Mortgage Services, LLC B �J s\��s1 z�1� Titl Ilubeth A. Ostermann ViicePresi ent,Carrington ortpge SerV1015, Subscribed and sworn to before me, my appointed notary public in and of the county and state aforesaid this _ day of _ s 2018• No G Date My Appointment Expires: File No. 205543 Case No. EQCV079296 N O �_ C7 �+ W Ul File No. 205543 Case No. EQCV079296 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 doomment. State of California County of Orange AH Subscribed and swom to (or affirmed) before me on this iS day of MOV 2018, by EIIZ2b61}I A. OSt8IR18ItI1 proved to me on the basis of satisfactory evidence to be the person WHENY WULANDAPI Notary Public -Cal ifomla Orange County - Commisdon f 7214915 My Comm. Expires Oct 17, 2021 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Milk "description of am llud docural (Tide w ducciptim of aaached doctulmm wntiuo4 Number of Pages_ Document Dale (Additional blfatvwlirn) INSTRUCTIONS FOR COMPLETING THIS FORE! Vv xwdingofall Jural, cvnrptatrd In Cob, jomla afterJarwm' 1, JO J001 be as du form or sel forth uifhfn fills lural. 77un areaowrcepgow. *aJ,(aw W be swnplened doer nor follo, dao fosw, she swan mW. corrite-Aa ,Wbfdga by mins a Jun! stamp coalnbsotg rAe aomxrrrwdtng N atragl!<q a sa7mlrteJroa1tams such as this arc Which Aoa con/rthrprypr irordlgO In addalon, Iha srornryMnH regua'a nn onlh or rt�lrmrtdonJrom-toe dohMism aguer regarding the murhfrdrmrs of file cont"Is of 1'h[ doi••rmem The dommnew masf be signedAFTFR the ocAl orfoinnellon.rthe doctunesBi-il pm7mak frod. it imat be r"(rsd m fano ofthe voem7prlbhe drnf%te JW4#PWM. . . - • state and Cowry information mad be The Soft sud Clutay a1ilie du doaunem sigrar(s) personally appeared before the notary Public. e owe of cotmimdou most be the date lh l the siglsu(s) puissantly speared whiehr®st alto be the aam datedejvmt psora, is omuplew, • Me the oune(e) of dornmmt signet(s) who penouaay •PPaar u the time of noredrnnon. • Sisal of the am ey Public roast much the signaara on dle with the Office of doe canal• did. e 7W aotary, seal immersion must be thou and photographically, reprodwilile. lusismaaion wit not cover test or lines. if seel.hnpression ruatdgm, nasal ifft ndficiem at ea Poetin, othnsue completo a dif eraatpval Form. 3 Additional infolmafiW is not required but could help to enwn dtis Jurat is ottndsosed cr atmelud too diauem docvnaut. J 7odioa4 tine ortype otamched daclnoeW,awmher of papa sud�lam. • Ssnuelysuach this documenflo the signed docousesd I. Plaintiff, Carrington Mortgage Services, LLC, is a business organization doing business in the United States of America, and duly authorized to transact business in the State of Iowa. See, Petition, 11. 2. The note (the "Note") and Mortgage (the "Mortgage"), which are attached to the Plaintiffs Petition as Exhibits "A" and 'B", respectively, evidence indebtedness of Defendant, Juan Neutze, for money borrowed in regard to the purchase of the following described real estate: Lot 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, commonly known as 1927 Grantwood St, Iowa City, IA 52240 (the "Property"). See, Petition ¶ 15 and 7; the Note and Mortgage on file with the Court, true, correct and genuine copies of which are attached to Plaintiffs Petition as Exhibits "A" and "B", respectively; and ¶ 7 of the Affidavit in Support of Judgment on file with the Court, a true, correct and genuine copy of which is attached to Plaintiffs Application for Default Judgment and Motion for Summary Judgment as Exhibit "C". 3. The Mortgage was recorded on April 5, 2005, in Book No. 3860, at Page 593 in the Offilidof EZG . Recorder of Johnson County, Iowa. See, Petition ¶ 7; and the Mortgage on file with t11moug a true, correct and genuine recorded copy of which is attached to Plaintiffs Petitio44-kj*xh%-t «8,, <M m 4. The Note was endorsed in blank, without recourse, as evidenced by the endorserQents on the Note; and the Mortgage was assigned to Plaintiff by Assignments of Mortgage, true, correct and genuine copies of which are attached to Plaintiffs Petition as Exhibit "C". See, Petition ¶ 5; and the Assignments of Mortgage, true, correct and genuine recorded copies of which are attached to Plaintiffs Petition as Exhibit "C". 5. Plaintiff is currently the holder of record of the Note and Mortgage. See, Petition ¶ ¶ 5, 6 EXHIBIT D and 8; the Note and Mortgage on file with the Court, true, correct and genuine copies of which are attached to Plaintiffs Petition as Exhibits "A" and `B", respectively; and ¶ 4 of the Affidavit in Support of Judgment on file with the Court, a true, correct and genuine copy of which is attached to Plaintiff's Application for Default Judgment and Motion for Summary Judgment as Exhibit "C". 6. The Note and Mortgage provide that if default is made at any time for failure of payment of principal or interest that the holders of said note may cause the whole debt, including interest, to be due and payable immediately. The Mortgage further provides for attorney fees to be recovered. The Mortgage further provides that the Defendants pledge their rents and profits as additional security and that the mortgagee would be entitled to possession of said property and the appointment of a receiver upon foreclosure, who shall have authority to take and hold possession of the property and to collect rents and profits. See, Petition ¶ ¶ 11, 13,16, and 17; the Note and Mortgage on file with the Court, true, correct and genuine copies of which are attached to Plaintiff's Petition as Exhibits "A" and "B", respectively; and 17 of the Affidavit in Support of Judgment on file with the Court, a true, correct ant4`genuine copy of which is attached to Plaintiff's Application for Default Judgment and Motibtt S110mary Judgment as Exhibit "C". c? �n 7. Defendant, Juan Neutze, has not made several monthly installment �e�nt ha Plaintiff has complied with all conditions precedent for payment having demanded payriicjit froT'the Defendant, and the same having been refused (including sending a Notice of Right to Cure Default and properly accelerating the loan balance and sending all required notices). See, Petition ¶ ¶ 10,15 and 17, as well as the Notice of Right to Cure and Acceleration Letter, true, correct and genuine copies of which are attached to Plaintiff's Petition as Exhibits "D" and '°E", respectively; and the Business Record Affidavit from Plaintiff (along with supporting documentation), a true, correct and genuine copy of which is attached to Plaintiffs Application for Default Judgment and Motion for Summary Judgment as Exhibit "G". 8. After applications of all credits and adjustments to the Note of the Defendant, there remains due and owing to the Plaintiff the sum of $79,618.80 with interest at 5.375% per annum from March 1, 2017, through May 18, 2018, in the amount of $5,192.14, and continuing interest at such rate until fully satisfied; plus escrow advances in the amount of $5,390.35; sums expended for property inspections in the amount of $220.00; less credits for unapplied/suspense balance in the amount of ($47.18); as well as filing fees of $185.00; lis pendens fee of $50.00; service and certified mail fees of $422.82; title expenses of $225.00; and attorneys' fees of $5,633.50. Sel, Petition 118; ¶ 7 of the Affidavit in Support of Judgment on file with the Court, a true, correct and genuine copy of which is attached to Plaintiffs Application for Default Judgment and Motion for Summary Judgment as Exhibit "C"; and the Application for Attorney's Fees attached to Plaintiffs Application for Default Judgment and Motion for Summary Judgment as Exhibit "F". 9. Defendants, Juan Neutze and Adriana Neutze, filed an Answer to Plaintiffs Petition along with a Written Demand for Delay of Sale by and through counsel of record where they admitted some of the allegations in Plaintiffs Petition, specifically denied others, stated lack of information for the remaining allegations, and set forth alleged affirmative defenses of failure to comply with Mortgage, n failure to comply with 15 U.S.C. § 1692(g), failure to comply with Iowa Code § 654AB(2),(lft7ore to comply with Iowa Code § 654.20(1), Mortgage provisions contrary to Iowa law, and lacl ,;Otv anr*; but` said Defendants failed to set forth any evidentiary support to deny any of the allegatioa'a!a Plaintiffs7l Petition or to prove any such alleged defenses (such Answer is filed with the Court, andam-Y--ferOces herein can be verified by reviewing the Answer). See, Defendants, Juan Neutze and Adriana Neutzb's, Answer on file with the Court. 10. Plaintiff sent correspondence to Defendants and made loss mitigation efforts in an attempt to provide an alternative to foreclosure, but Defendants failed to make the payments as required and failed to provide any response to further invitations for foreclosure alternatives; thus supporting Plaintiffs allegations and refuting Defendants' claims and allegations of failure to comply with conditions precedent to acceleration and foreclosure. See, the Business Record Affidavit attached to Plaintiffs Application for Default Judgment and Motion for Summary Judgment as Exhibit "G". MEMORANDUM OF AUTHORITIES IN SUPPORT OF MOTION BRIEF POINT The facts are set out in Plaintiff's Petition. PLAINTIFF IS ENTITLED TO JUDGMENT AS PRAYED FOR IN ITS PETITION BECAUSE THE INDEBTEDNESS EVIDENCED BY THE NOTE AND MORTGAGE IS DUE AND DELINQUENT. I. STANDARDS FOR GRANTING SUMMARY JUDGMENT A Motion for Summary Judgment is to be granted based upon Affidavits and other documents filed with the Court where there is no genuine issue as to any material fact, such that the moving parties are entitled to Judgment as a matter of law. I.R.Civ.P. Rule 1.981 et seq.; Kolarik v. Cory International Corporation, 721 N.W.2d 159, 162 (Iowa 2006). The purpose of Summary Judgment is to expedite litigation where there is no factual issue and to forestall the delaying tactics where there is no meritorious defense. Nagele Lumber Company v. Better Built Homes, 160 N.W.2d 446, 447 (Iowa 1968). Motion for Summary Judgment has been recognized as an appropriate procedure for Plaintiff where there is no genuine issue as to a material fact. Northwestern National Bank of Sioux City v. Steinbeck, 179 N.W.2d 471 (Iowa 1970). Also, a Motion for Summary Judgment is appropriate in this instance where the amount claimed is of a liquidated sum and for the foreclosure of the mortgage. Humboldt Livestock Auction, Inc. v. B & H N Cattle Co., 155 N.W.2d 478 (Iowa 1967). Applying these principals to the undisputed facts set in the CD$ Plaintiffs Motion, the Plaintiff is entitled to Summary Judgment on its claim against N&� daJuaq,®t Neutze and Adriana Neutze, as a matter of law. —i n =Gr' y r1L _m _ n II. ARGUMENTS AND AUTHORITIES - .• co A. The Loan is in Default under the terms of the Note and Mortgage, and Plaintiff is 01 Entitled to Foreclosure of its Mortgage. Defendant, Juan Neutze, has failed to make payments as required under the terms of the Note and Mortgage It is a basic principal of Mortgage foreclosure law that upon the default of a validly executed mortgage, given to secure a loan on real estate, the Mortgagee (in this instance, Plaintiff) is entitled to foreclose on such Mortgage. See, Federal Land Bank of Omaha v. Ditto, 288 N.W. 618 (Iowa 1939). EXHIBIT E Plaintiff has attached in support of its Motion an Affidavit which evidences payment default, as well as amounts due and owing and that Plaintiff is the holder of the Note and Mortgage. Plaintiff has provided to the Court copies of the original Note and Mortgage evidencing that Plaintiff is the proper party in interest with the ability to bring this suit and foreclose the Mortgage. Plaintiff also provided in support of its Petition and Motion documents evidencing Plaintiffs statutory default notices and compliance and evidencing its loss mitigation efforts over the course of the loan in an attempt to provide an alternative to foreclosure; thus further supporting Plaintiffs allegations and refuting Defendants' claims and allegations of failure to comply with condition precedent to acceleration and foreclosure. This evidence further establishes that the loan is in default for failure to make payments as required and that Plaintiff is the holder of the Note and Mortgage, and that proper Notices were sent to Defendants prior to foreclosure pursuant to the Iowa Code. Conversely, Defendants have failed to set forth any evidence to refute the default or to support any allegation that Plaintiff failed to comply with Mortgage, failed to comply with 15 U.S.C. § 1692(g), failed to comply with Iowa Code § 654.4B(2), failed to comply with Iowa Code § 654.20(1), provided Mortgage provisions contrary to Iowa law, or lacks standing. As a result, it is appropria;e.for the (-J Court to award Plaintiff summary judgment. 7 mac B. Defendants are required to identify specific facts in support of their I��Asz showing why Plaintiff is not entitled to Judgment as a matter of law. —<r- . 71 Defendants, Juan Neutze and Adriana Neutze, fled their Answer and Demand forty otSkle in C, response to Plaintiffs Petition by and through counsel of record on or about September 29, 2017{- *here they admitted some of the allegations in Plaintiffs Petition, specifically denied others, stated lack of information for the remaining allegations, and set forth alleged affirmative defenses of failure to comply with Mortgage, failure to comply with 15 U.S.C. § 1692(g), failure to comply with Iowa Code § 654.4B(2), failure to comply with Iowa Code § 654.20(1), Mortgage provisions contrary to Iowa law, and lack of standing. However, said Answer failed to set forth any evidentiary support to deny any of the allegations in Plaintiffs Petition or to prove any defense to the entry of a foreclosure decree, whereas Plaintiff has provided evidence that it has complied with all conditions precedent to acceleration and foreclosure under the Iowa Code, as well as evidence of its loss mitigation efforts over the course of the loan in an attempt to provide an alternative to foreclosure, that it has standing and is the real party in interest; thus further supporting Plaintiffs allegations and refuting Defendants' claims and allegations including failure to comply with Mortgage, failure to comply with 15 U.S.C. § 1692(g), failure to comply with Iowa Code § 654.4B(2), failure to comply with Iowa Code § 654.20(1), Mortgage provisions contrary to Iowa law, and lack of standing. See, Answer of Defendants, Juan Neutze and Adrian Neutze (on file with the Court); See Also, the Affidavit in Support of Judgment on file with the Court, a true, correct and genuine copy of which is attached to Plaintf's Application for Default Judgment and Motion for Summary Judgment as Exhibit "C "; See Also, the Business Record Affidavit attached to Plaintiffs Application for Default Judgment and Motion for Summary Judgment as Exhibit "G ". To survive summary judgment, Defendants are required to provide "specific facts" to support their affirmative defenses, including claims that Plaintiff lacks standing and has not complied with regulations. See, Bank of the West v. Shima, 2010 WL 2757330, at " 5 (Iowa Ct. App. 2010) (affirming summary judgment in a foreclosure proceeding because the mortgagor only set forth conclusory statements with regard to its affirmative defense); accord, Thornton v. Hubill, Inc., 571 N. W.2d 30,32 (Iowa Ct. App. 1997) N O (quoting Iowa R. Civ. P. 1981(5)). Defendants' conclusory allegations are insufficient tEcreatem=iriablg_.,_ issue of fact. See, Hudson v. Williams, Blackburn & Maharry, P.L.C., 763 N.W.2d 276-(odia Cf App n t3 r" 110 6 2009). "The bare conclusory statements contained in Hudson's resistance and statementi roputedfacts ` are not sufficient to defeat the motion for summary judgment." Defendants make a nurn onmsory statements and allegations that the Plaintiff has failed to comply with Mortgage, failed to comply with 15 U.S.C. § 1692(g), failed to comply with Iowa Code § 654.4B(2), failed to comply with Iowa Code § 654.20(1), provided Mortgage provisions contrary to Iowa law, and lacks standing; but Defendants fail to allege sufficient facts to support any of the alleged defenses. Plaintiff, however, has provided evidence of standing and of its loss mitigation efforts over the course of the loan in an attempt to provide an alternative to foreclosure, thus further supporting Plaintiff's allegations and refuting Defendants' claims and allegations. Absent specific facts related to this loan and evidence to support these facts and Defendants' alleged affirmative defenses, Plaintiff prevails as a matter of law on its Motion for Summary Judgment. C. It is Defendants' burden to raise affirmative defenses and to show how each Affirmative Defense raises a triable issue of fact. A Defendant must raise affirmative defenses to defeat the Plaintiffs suit, and when a defendant raises an affirmative defense, the defendant has the burden of proving that defense by a preponderance of the evidence, and the court must consider all evidence, both in support of and contrary to the proposition. Hillview Associates v. Bloomguist, 440 N.W.2d 867, 871 (Iowa 1989). In this case, while Defendants set forth alleged affirmative defenses that Plaintiff failed to mitigate its damages, that Plaintiff failed to comply with Mortgage, failed to comply with 15 U.S.C. § 1692(g), failed to comply with Iowa Code § 654.4B(2), failed to comply with Iowa Code § 654.20(l), provided Mortgage provisions contrary to Iowa law, and lacks standing, Defendants failed to present any specific facts or evidence to provide a valid defense. Defendants must provide more information supported by evidence in order to provide a valid defense that creates a triable issue of fact. Defendants fail to state any facts which provide a defense to Plaid's action, fail to provide specific grounds upon which to contest a foreclosure action and fail to §tate a dconse to t� N�y default under the terms of the Note and Mortgage; and any alleged defenses raised in Defends ntJp Answer_. have been refuted as Plaintiff has provided evidence of standing and that it is the proper party;plaiff, atrd" of its statutory notices and loss mitigation efforts over the course of the loan in an attempt to provide an alternative to foreclosure, thus further supporting Plaintiffs allegations and refuting Defendants' claims and allegations. It is therefore appropriate for the Court to deny Defendants' requests, and award Plaintiff summary judgment on its claims. Defendants make a number of conclusory statements and fail to allege sufficient facts to support any of the alleged defenses. Absent specific facts related to this loan and evidence to support these facts and Defendants' affirmative defenses, Plaintiff prevails as a matter of law on its Motion for Summary Judgment. It is therefore appropriate for the Court to deny Defendants' requests, and award Plaintiff summary judgment on its claims. III. CONCLUSION Defendants have failed to proffer any evidence to demonstrate that the loan is not in default. Defendants' conclusory statements fail to state any facts or plead a valid defense to Plaintiff's action, fail to provide specific grounds upon which to contest a foreclosure action and fail to state a defense to the default under the terms of the Note and Mortgage. Given the statement of facts set forth by Plaintiff as attested to by the Affidavit and its attachments, combined with the legal authorities cited in this Memorandum and evidence provided with Plaintiffs Application for Default Judgment and Motion for Summary Judgment, it is therefore appropriate for the Court to deny Defendants' alleged factual defenses and allegations, and award Plaintiff summary judgment on its claims. N c� Cs� o� ;> ca ut IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC, Plaintiff, VS. 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.; and State of Iowa, Defendants. EQUITY NO: EQCV079296 APPLICATION FOR ATTORNEY'S FEES COMES NOW, Rodney W. Kleitsch of the firm of SouthLaw, P.C., as attorney for the Plaintiff, Carrington Mortgage Services, LLC C'Plaintiff), and in support of its Application for Allowance of Attorney's Fees states as follows: The Foreclosure Petition was filed with the Clerk of Court of the Iowa District Court of Johnson County, Iowa, on September 8, 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 Defendant's N obligations. 3. The Plaintiffs attorney has on file with the Court an Affidavit for AttorneysToes+'+fthis C? - N �D case. rn _ 4. When judgment is recovered upon a written contract containing an agreement payen attorney's fee, the Court shall allow and attach as part of the costs reasonable attorney's feesto be <, determined by the Court. See Iowa Code § 625.22 (2009). 5. Plaintiffs Counsel affirms that the service fees and publication costs (if any) contained in Plaintiffs proposed Decree of Foreclosure are true and correct. 6. Attached to this Application and marked as Exhibit "I", is an itemization of SL File No. 205543 EXHIBIT F Case No. EQCV079296 attorney's time spent in connection with this action. The reasonable value of the attorney's time is $5,633.50. WHEREFORE, the Plaintiff respectfully requests the Court to grant the sum of $5,633.50 as part of the judgment which may be entered herein. SOUTHLAW, P.C. Al Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) 1401 501h Street, Suite 100 West Des Moines, IA 50266 (515) 223-7325, Ext. 362 (515) 223-7276, Fax Rodnev.Kleitsch(a southlaw.com Attorney for Plaintiff SL File No. 205543 Case No. EQCV079296 N n On m 5;::74 < n� %JO :Grit a O- 1 r w C51 Professional Services rendered for the following: Re: Juan Neutze and Adriana Neutze Foreclosure EXHIBIT "1" STATEMENT OF ATTORNEY FEES Order stub abstract of title from abstracter and send initial letter re: foreclosure: to borrower. Review stub abstract and client documents; draft worksheet; draft and edit petition and attention to efiling the same. Draft Original Notices and Pleadings with attachments, efile with Clerk to sign and seal. Review continued abstract re: intervening liens and listing in Lis Pendens. Figure fees and costs and complete reinstatement quote; draft letter to borrower re: the same. Draft and send Notices of Intent to non -answering Defendants; request judgment figures from client. Check Iowa Courts Online for Answers. Figure judgment amount; draft Plaintiffs Application for Default Judgment and Motion for Summary Judgment, Affidavit of Court Calendar Search, Application for Attorney Fees and Foreclosure Decree and attention to efiling the same. N Draft Exhibit "1" Statement of Attorney Fees and attach to Application for Attorney Fees. o m Draft Praecipe for Special Execution and attention to efiling the same. n c'r-< Total Fees: $5,633.50 rrn ca EXHIBIT "1" c1 SL File No. 205543 Case No. EQCV079296 IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services, LLC, Plaintiff, VS. 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.; and State of Iowa, Defendants, STATE OF Coal Prn rry EQUITY NO: EQCV079296 BUSINESS RECORD AFFIDAVIT )ss. COUNTY OF I, Elizabeth Gonzales being first duly swom on oath, state as follows: I. I am authorized to execute this Affidavit on behalf of Carrington Mortgage Services, LLC ("Carrington"), a business organized and existing under the laws of the United States of America. 2. The statements made in this Affidavit are based on my personal knowledge. 3. 1 am over the age of 18 and competent to testify as to the matters contained herein, 4. In my capacity as Defauft Document Manager 1 have knowledge of and am falnilia't with the practice of Carrington and of the mortgage -servicing industry in maintaining business records. I have access to the business records of Carrington, including business records for and relating to Borrower's loam. I make this Affidavit based upon my review of those records relating to the Borrower's loan and from my own personal knowledge of how they are kept and maintained. The records for the Defendant Borrower are maintained by Carrington, in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. The records accurately reflect the correspondence sent to Borrower and communications with the Borrower as set forth in this Affidavit. It is the regular practice of Carrington to keep such records in the ordinary course of its regularly conducted business activity. SL Case .EQC 07 EXHIBIT G Case No. EQCV079296 1 5. According to our records, the Notice of Right to Cure letter from the prior servicer, Bank of America, to Juan Neutze, dated March 20, 2017, was mailed by Bank ofAmerica to said Borrower's residence at 1927 Grantwood St., Iowa City, IA 52240 on March 20, 2017, in compliance with Iowa Code §§ 654.28 and 654.2D. A true, correct copy of the letter is attached to this affidavit and marked as Exhibit "1"(and was also attached to Plaintiff's Petition marked Exhibit "D"). 6. The letter was addressed to the property in the above captioned matter, located at 1927 Grantwood St., Iowa City, IA 52240. 7. Active attempts at loss mitigation were made over the course of this loan in an attempt to provide the Borrower with alternatives to foreclosure. True and correct copies of our records reflecting those attempts at loss mitigation are attached to this affidavit and marked as Exhibit "2". According to our records, correspondence included in the attached Exhibit "2" was mailed on the date and to the address indicated therein, and any records of contacts or attempts at contact with the Borrower contained or referenced in the attached Exh ibit "2" were made on the dates and times indicated in the records included in the attached Exhibit .,2„ Subscribed and sworn i appointed notary public in the ( ,201E Notary Public My Commission Expires: Carrington By: Name: Title: C � MAY .O 7 2 Manage E-" Ird before me a duly L this _ ddy'of 2 A notary public or other officer completing this certificate verif es only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or vandifv of that dUellmenf. State of California CALIFORNIA JURAT County of Orange 4k Subscribed and sworn to (or affirmed) before me on this day of MAY 2018 —, by flizaheth Gonzales , proved to appeared before the basis of satisfactory evidence to be the person who WNENY WUUNDAAI Notary Public - California .c' Oraxgeeounty Commission/2214915 My Camm. Eapisef Oct 17.202 ai V OPTIONAL INFORMATION I DESCRIPTION OF THE ATTACHED DOCLTa1ENT (Tide or description of asuched docununp (Title or description of attached doeurnew conrinned) Number of Pages _ Document Date (.•ldditiaul infaowion) INSTRUCTIONS FOR CONIPLETFNG THIS FORD1 77w,roi0at of all Jwms completed in California apoJmwar) I. .700S umrr be in tiro form fir ser faro uidrix this Jmnl. IDae ora no eacep/iau. ff a Juror to be completed dues not follow fide fora, the xalnm nnm tones the ,abinge in using afxmr ins 1, conmrning lira ronwr wd/ng a' alrachinga wpnrate pian form such as run ono which does roman, proper we, emglir addition, IN nomas insist Mquine in, onrh or affinrmgon Jinn) the deftwil signer iogandhrg the nualifrdness of lIw contents of fhe dwunwmE An rlocnmea nnar boslgned AFT£R fire oodr o' nfprtnanou. lblho doenneawn prnianlr srgrcxi nouns/ be re -signal lin fi'onr gfdw uormi prrflglc}dnrfirt—Ae pool pocrss. • Smse and County information oust be the state and Covmy.aher�8e docunatu siencfts)personally appeared before she notacy pitblit. - • Date of notwizmiom mum bt the done lism the sigrend perslimW appearcsl nduch mast also be tim sante date she juat proceu is completed f • Rine file oanu(s) of docnatent sillsut(s) who Imtswwally appeal at nth$ tine•++ notarization. - • Signunue of tilt notary pnbtic aunt match flit sigmnnn on file w irh tilt office of du coum• clerk. • Ill nomre seal impression nom lse clear and ploopaphically reprorhmible. Ingntssion 1111M not cva test or asks. If seal mspmsimumudges. It -ml if a utticient arca penults, oasencise com,pleu a diffemajtuat funn. i• Additional bntgnna ion is rot mIttued bill conal help to Cason tills jtuat is not ,ruussad or attached to a diabrenr docnntent. b Indicate tide or t)yc of attached donrases number of pages andPair. • 5eautly attach this doaaltnt to flu signed documit SankofAmerica'1110i" JUAN NEUTZE 1927 Grantwood St Iowa City, IA 52240-5902 f _ 1�1(b [LI L � 11/02/2016 Notice of intent to accelerate and right to cure default Notice Datr. March 20. 2017 Account Property Address: 1927 GRANTWOOD ST IOWA CITY, IA 52240 Este es un aviso Importante respecto 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: EXHIBIT ■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. N O_ C O 60 —{C7 ~rQ rn r s ll C- f: EXHIBIT ■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 Chare ,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 03/01/2017 $404.62 Late Charges. Month Amount 03/012017 $20.00 Total Monthly Charges: Current Late Charges: Prior Unpaid Late Charges: Total Other Charges/Fees: Partial Payment Balance: TOTAL DUE $360.29 $0.00 $764.91 $360.29 $0.00 $764.91 $1,529.82 S20.D0 $20.00 $15.D0 (5=) $1,584.82 TOTAL REQUIRED TO CURE THE DEFAULT AS OF THE DATE OF THIS LETTER: $1,584.82 You have 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 041 be considered cured unless Bank of America, N.A. receives 'good fundi 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 waivk any of Its rights herein or otherwise. For example, if less than the full amount that is due is sent to us, tare can keep the payment and apply it to the debt but still proceed to foreclosure since the default would nVF have been cured. —c N The failure to cure the default on or before April 29, 2017, may result In acceleration of the sums`sicuTd NP the security Instrument, foreclosure by judicial proceeding and sale of the property. You have t[trAltt to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-exlstec",of S.: default or any other defense to acceleration and foreclosure. If you fall to cure the default. Bank of America, N.A. and the Noteholder shall be entitled to proceed with tw t 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 inspectiom 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 s¢lutiof%: this notice will tt9S 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 requests for you to contact us and any documentation required. Please comply with these requests in a time_ 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 very low cost housing counseling across the nation. Housing counselors can help you understand the law and your options. They can also help you to organize your finances and represent you In negotiations with your lender if you need this assistance. You may find a HUD -approved housing counselor near you by calling 800.569.4287 or visiting HUD's website at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. For the hearing impaired. HUD Counseling Agency (TDD) numbers are available at 800.877.8339. You may also contact the HUD approved counseling agency directly. Time is of the essence. Should you have any questions concerning this notice, please contact us immediately at 800.669.1904. Our office hours are 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. 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 Mall PO Box 31785 Tampa, FL 33631-3785 To mail a PO Box 650070 payment Dallas, TX 75265-0070 N C� n CO m Ci -4, n - � rn 41� 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 holders Interest and rights in the property and under the Note and Security Instrument, Including any remedles 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.bankofamerlca,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 Servlcemembers Civil Relief Act (SORA) and similar state laws provide significant protections and benefits to eligible military service personnel. However, military service and/or SORA 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 mllitaryonesource.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 bud.gov/offices/hsg/sfh/hccthcs.cfm. 0 N P CD O _T1 = m at CD 70 r ; - c 0 E -FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT C 1011412 Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your Income and expense Information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home ME= �MMMEMMUMM= 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 time. This may include principal, interest, fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for 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 loan. Loan modifications could include Modification lowering your Interest rate, extending the term or maturity date of the loan, moving from an (non -RAMP) 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 ownef§gip 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. N 016 2016 E-FILED 2017 SEP OB 1:14 PM JOHNSON -CLERK OF DISTRICT C ata Hay opciones disponibies para ayudarle a —c Evitar la Ejecucion Hipotecaria Llame al numero que aparece on la notificaci6n adjunta para obtener mss informaci6n Cuando (lame, por favor tenga a la mano to informacl6n de sus ingresos y gastoz para quo podamos discutir cuales opciones podrian funclonar para usted. Opciones a considerar sl su objetivo es permanecer on su casa Restablecimiento Si usted puede poner al dla los pagos de su pr6stamo, aceptaremos los fondos necesarlos para dei Pr6stemo quo at pr6stamo est6 al dla haste Is fecha de Is vents por ejecucl6n hipotecaria. Plan de Pago Un plan de pago Is permits a usted hacer sus pagos hipotecarios regulares, ademas de pager una Z.: porci6n de los montos vencidos a trav6s del tiempo. Esto puede incluir capital, inter6s, cargos o costos aplicados a su pr6stamo. Acuerdo Es un acuerdc on at cual aceptemos no proceder con la ejecuci6n hipotecaria ylo ai cobro de los Temporal de pagos por un pedodo de tiempo, pars permitirle qua restablezca su habilidad de hacer los pagos Tolerancla por requeridos. Incumpllmiento Modlficoci6n de Una modificacl6n del pr6stamo as un cambio an los 16rminos originales de su pr6stamo, Las Pr6stamo modificaclones podrian inclulr reducir su lase de Wares, extender el 16rmino o Is fecha de pago (no por medio de del pr6stamo, cambiar de un pr6stamo de lass de Inter6s sjustable a uno de lass de Inter6s fije, RAMP) diferir une parte del saido del capital impagado al final del pr6stamo, ylo condoner une parte del saldo de capital Impagado. Reclamo Parcial SI usted liana un pr6stamo de Is Administracl6n Federal de Vivanda (FHA) y sus pagos estan (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de Is hipoteca, este programa pr6stamos de Is este diseMado pare qua su pr6stamo este al die mediante Is creaci6n de una segunda hipoteca I FHA) gravamen sobre su propiedad por el monto quo est6 vencido. 2016 —c Y rrTt v Z.: E -FILED 2017 SEP 08 1:14 PM JOHNSON -CLERK OF DISTRICT CO 10/14/2016 Opciones a considerar sl no puede o no desea quedarse en su casa Vents an Si usted ya no puede hacer sus pages hipotecarios y su vivienda vale manes de to qua usted descublerto I adeuda, uns venta en descubierto Is podrla permitir vender su vivienda para pager Is hipoteca. En Vents previa a Is una venta an descubierto, at prestamista acepla recibir una monto manor de to que actualmente se ejecucl6n adeuda an at pr6stamo. Se ofrece a los prestatarios qua no calif lean para RAMP o para otras hipotecaria (no alternatives de retenci6n de la vivienda. par medio de HAFA) Escrlturn do Se use tomo uns alternative de Is ejecuci6n hipotecaria. Con una escritura de iraspaso voluntarto traspaso de de propiedad on lugar de Is ejecuci6n hipotecaria, usted transfiere Is titularidad de su vivienda y propiadad an toda Is propiedad qua garentiza su pr6stamo htpotecario. Esto puede hacer quo el monto total ca lugar ds Is vencido de ase hlpoteca se considers come pagado. Se ofrece a prestaterios qua no califican (IN ejecuci6n para HAMP u otras opciones de relencl6n de vivienda, y qua no pudieron vender Is proptedad a hipotecaria (no trav6s de una vents an descubierto. par medio de HAFA) Estamos aqui para ayudarle. Por favor Ilfimenos hoy. N O t; ca (IN C_A_RRINGTONX��JI� Z MORTGAGE SERVICES, LLC P.O. Box 3010 Anaheim, CA 92803 0000018 01SP1.420--1NGLP T2 191320042-426424 C14P00000.1 JUAN NEUTZE 8324 KENNEDY BLVD. NORTH BERGEN NJ 07047.4264 I'IIIh11111dgllllhldhllllhlullhlylPllpulllllln11111 Dear Mortgagor(s): Loan Number: 4000512821 Notice Date: 01/26/2018 Party Contact Notice Property Address: 1927 GRANTWOOD ST IOWA CITY, IA 52240 Carrington Mortgage Services, LLC ("CMS") Is sending you this notification in response to a recent Inquiry, made by you or on your behalf, for mortgage assistance. Please be advised that the following loss mitigation options maybe available to you, subject to approval. You will not pay a fee to take advantage of any of these loss mitigation options. • Repayment Plan: An agreement to reinstate a loan that is delinquent, by paying over a fixed period, the normal monthly payments plus a portion of the delinquency each month. • Special Forbearance: A written executed agreement where the Lender agrees to suspend all payments or accept reduced payments for one or more months, and the borrower agrees to pay the total delinquency at the end of the specified period or enter into a repayment plan. • Loan Modification: A permanent change In one or more of the terms of a loan and typically includes re -amortization of the balance due. • Short Sale/Pre-Foreclosure Sale: An alternative to foreclosure that allows borrowers to settle the mortgage debt by selling their home even though the sale proceeds are less than the total indebtedness, • Deed•in•LIeu of Foreclosure (DIL): A voluntary conveyance of property from the borrower to the Lender for a release of all obligations under the mortgage. GATHER THE INFO WE NEED TO HELP YOU For your convenience, CMS has enclosed the Request for Mortgage Assistance (RMA),1 RS Form 4506T, and,a comprehensive list of required financial Information. In addition, we also enclosed a checklist of applicable documentation needed Ifypu are . interested in the Short Sale/ DIL process. In order to determine your eligibility, CMS must receive your documents no later than 02/25/2018 to one of the departments listed below and be sure to include your account number on all epplicablelpages for reference and tracking purposes. IMPORTANT: Failure to submit all required documentation or information by the due date specified above may resulUn _ ineligibility for a workout option and, unless prohibited by applicable law, the foreclosure proceedings will continue, i`ncSuding referral to foreclosure if the mortgage loan was not previously referred. SUBMIT YOUR DOCUMENTS If you are interested in retaining your property please send your documents to our Loss Mitigation Department: • (Fax): 1.877.267.1331 • (Email); Mor gageAsslsrance#bCarrinstonms.com Ifyou are not Interested In retaining your property, but wish to avoid foreclosure please send your documents to our Short Sale Department: • (Fax): 1.888,849.1034 • (Email): ShortSales6bCarringtonmscom LM755 4000512821 Page 1 of 10 9122.11.0140=1-0 1U 174 74 If you are not eligible for mortgage assistance or If you do not want to stay in your home or keep your rental property we will work with you to explore other options available to avoid foreclosure or ease your transition to anew home, If applicable. You may also have the opportunity to receive counseling from various local agencies regarding the retention of your home, You may obtain a list of the HUD -approved housing counseling agencies by calling the HUD nationwide toll-free telephone number at 1.800.569.4287, toll-free TDD 1-800.877.8339, or by visiting HUD's website at: http;//www.hud.eov/ofticeshsg//sfh/hcc/`hcs cfm Please be advised that collection proceedings will continue If your loan is delinquent; however, except In certain circumstances, we will not (1) initiate foreclosure action or (il) proceed to foreclosure sale once we acknowledge receipt of your complete hardship package. CONTACT US If you have questions, please contact us during normal business hours. To speed the process, it Is Important thatyou have your account number ready to provide when you tail. (Phone): 1.800.561.45 67 (Hours): Monday - Friday from 8:OOam to 8:OOpm (Eastern Standard Time) Sincerely, Carrington Mortgage Services, LLC Carrinatonms com O Y -"t c� LM755 4000512821 Page 2 of 10 9122.1 I-MON0OWXOI-0 17874 IMPORTANT DISCLOSURES -VERBAL INQUIRIES & COMPLAINTS - For verbal inquiries and complaints about your mortgage loan, please contact the CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC, by calling 1.800-581-4587. 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 httos://carrinotonms.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 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. -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/hccthcs.cfm. You can also contact the CFPB at (855) 411-2372, or by going to www,consumefinance.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 tresis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enteAnto a binding contract); because all or part of the applicant's income derives from any public assistance program; or bedause 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 PERSONNELI3ERVICEMEMS ERB: 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, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to 800.486-5134, or In writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001, Westfield, IN 46074. Please include your loan number on all pages of the correspondence. 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 for Carrington Mortgage Services, LLC toll free at (800) 561.4587, Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern Time. You may also visit our website at httos:l/carrinotonms.com/. LM755 4000512821 9121 11m W0018 W2A qon Page 3 of 10 This page Is Intentionally left blank. LM755 4000512821 Page 4 of 10 9111.11 UUa000018=Z-0 17173 N n O� � Crn LM755 4000512821 Page 4 of 10 9111.11 UUa000018=Z-0 17173 Loss Mitigation Application CAMINGTON MORTGAGESERVICE9,LLC Document Requirements Loan Number: 4000512821 ❑ Request for Mortgage Assistance (RMA) ❑ IRS Form 4506-T(only lfyouhave sellemploymentincome and/or rental Income) ❑ IRS Form 4506T -EZ (all other income types) ❑ Hardship documentation listed In Section B of the RMA ❑ 2 -months of bank statements (please highlightyour monthly living expenses to assist with evaluation process) ❑ All non -borrower applicants must provide a current utility bill (e.g. gas, electric, cable) showing your name and address Salary, hourly, commission, bonus and/or tip wages: ❑ 30 -days of consecutive pay stubs showing year-to-date earnings Ifyou are paid weekly, provide 4 consecutive pay stubs Ifyou are paid twice a month, provide 2 consecutive pay stubs Self-employment: ❑ Most recent signed quarterlyoryear-to-date profit&loss statement; ❑ Most recent tiled & signed Federal Tax Return (211 schedules) Social security, disability or death benefits, pension, adoption and/or public assistance: - ❑ Benefit's statement or letter from the provider stating the amount, frequency and duration of the benefiti; ❑ 2 -months most recent bank statements (all pages) or deposit slips showing receipt of such payments Alimony, child support or separation maintenance: ❑ 2 -months most recent bank statements (all pages); _. ❑ Court approved documentation showing duration, frequency, and amount of such payments "You are not required to disclose alimony, child support orseparation maintenance unlessyou wish to use those funds to qualify Rental Income: ❑ Most recent filed & signed Federal Tax Return (all schedules Including Schedule E Supplemental Income and Loss) ❑ Current lease agreement(s) ❑ 2 -months most recent bank statements or cancelled rent checks Investment Income: ❑ 2 -months most recent bank statements (all pages); OR ❑ 2 most recent investment statements Active military or within 12 months of release: ❑ Copy of active duty, military orders, or proof of active duty status showing start and end dates ❑ 30 -days of Leave & Earnings Statements showing year-to-date earnings Unemployment Income: ❑ Most recent benefit award letter or benefit statement (Ifyou are unable to provide an award letter/statment provide the following) ❑ What06iiiiiiNg ment? ❑Yes ❑No LM755 9122.11-00♦ rre00 1e-0OO1.0017572 4000512821 Page 5 of 10 Loss Mitigation Application CARRINGTON Document Requirements NORTGr: 400051282 Q Loan Number: 4000512821 ❑ Request for Mortgage Assistance (RMA) - Fully completed and executed by all applicants ❑ Third -Party Authorization - Required only If you want us to discuss your request for a Pre -Foreclosure Sale or Short Sale of your property with a third party acting on your behalf, such as a real estate agent or attorney. ❑ Contact Information - If the property Is currently listed for sale or vacant, please provide us with the lead contact name and phone number so we can gain access to the property and perform an appraisal If necessary. All utilities to the property must be on so that the appraisal can be completed. ❑ Listing agreement- Provide a copy of the current listing agreement with your agent/broker, ❑ Purchase Contract - Provide a copy of the purchase contract signed by the buyer and the seller that contains language that the sale is contingent upon approval from CMS, ❑ Closing Disclosure - Provide a copy of the seller's closing costs or Closing Disclosure. The figures in these statements must be accurate because our approval will be based, in part, on this Information. ❑ Buyer Pre -Qualification or Pre -Approval letter- Provide a copy of the buyer's prequallRcation or pre -approval letter. IMPORTANT: If your loan Is FHA -insured the following requirements apply In order to qualify for a Pre -Foreclosure/ Short Sale or Deed -in -lieu of Foreclosure: • You have been reviewed and determined not to be eligible for any home retention program options • You must be at least 31 days delinquent at the time of the Pre -Foreclosure Sale closing. • Additional lien holders must provide a written settlement, accepted by all parties, In order to release any additional liens against the property prior to the completion of the Pre -Foreclosure sale. Please note that in certain cases where the above requirements cannot be met, you may still be eligible to apply (o[ the HUD's Pre -Foreclosure Sale Program. However, CMS will need to obtain approval from HUD In order to proceed with another Pre -Foreclosure Sale request Determining your eligibility for HUD's Pre.Foreclosure Sale Program Is based Y on the information provided by you to CMS. All parties on the mortgage must make available the information and ; ;i documentation that have been requested. �m p C -'s _. LM755 4000512821 Page 8 of 10 912211-06YN: CARRINGTON MORTGAGE SERVICES,LLC P.O. Box 3010 Anaheim, CA 92803 01/26/2018 JUAN NEUTZE 8324 KENNEDY BLVD. NORTH BERGEN, NJ 07047 Dear Mortgagor(s) THIRD PARTY AUTHORIZATION FORM Property Address: 1927 GRANTWOOD ST IOWA CITY, IA 52240 Thank you for your recent communication with Carrington Mortgage Services, LLC requesting another party be allowed to discuss the details of your loan. Please be advised you will be required to provide the name of the authorized party, an identifier/password for the third party (example: birth date, last four numbers of their social security or password) and sign the acknowledgement form below. NOTE: Foryour protection all Identifiers/passwords must be set by the borrower(s) of record; a third party other than the borrower(s) is not permitted to set their own password. Authorized Party Information ]/We hereby authorize Carrington Mortgage Services, LLC ("CMS'o and its successors and assigns, to obtain, share, release and discuss public and non-public personal information contained In or related to my/our mortgage account with the indivldual(s) Identified below as my/our designated agent(s): Company Name (Please Print) Representative Name (Please Print); (1 3rd Party Contact Number: (1 3rd Party Identifier/Password: (1 Authorization Expiration Date (If applicable): Primary Borrower Name (Please Print) Secondary Borrower Name (If Applicable) lel rJ n v _ y -=t r, -G tV Primary Borrower Signature .-in Secondary Borrower Signature -- ThIsThIrd-Party Autho riz atl o n Is valid when signed by all borrowers and co -borrowers named on the mortgage and until CMS receives a written revocation signed by any borrower or co -borrower. Please fax this completed form separately to 1.800.486-5134 or mall to the following address: Carrington Mortgage Services, LLC Attn: Customer Research Department 1600 South Douglass Road, Suites 110 & 200-A Anaheim, CA 92806 LM755 4000512821 Page 7 of 10 nx:.n.m.00m 18m 4 yrn This page Is Intentionally left blank. LM755 4000512821 Page 8 of 10 9122. 1 IdUoaopo l �l767 C_ARRINGTON MORTGAGE SERVICES, LLC P.O. Box 3010 Anaheim, CA 92803 The Servicemembers Civil Relief Act (SCRA) Important Notice for Military Servicemembers Considering Short Sale or Deed In Lieu of Foreclosure If you or your spouse Is a member of the military, please carefully review this document and notify your bank representative Immediately. You may qualify for benefits and protections afforded by law. The Servicemembers Civil Relief Act, 50 U.S.C. App. §§501 etseq. (the "SCRA'� provides military personnel and their dependents with a wide range of legal and financial protections. SCRA benefits and protections: • Limit the maximum rate of Interest that maybe charged on debt Incurred by an eligible servicemember before the servicemember began military service; • May prevent the sale, foreclosure, or seizure of real estate, except when a valid court order exists that approves the sale, foreclosure, or seizure of the real estate; and • May stop a landlord or lender from evicting a servicemember from his/her residence. Depending upon your military status and when your loan was originated, the SCRA may prevent the lender from foreclosing on your property. However, we understand that despite this protection, Servicemembers may still want to be relieved of the debt obligation associated with a home loan. If you would like to discuss foreclosure alternatives such as a short sale or a deed In lieu of foreclosure, please contact us. Any negotiation for a short sale or a deed In lieu of foreclosure is not a threat of current or future litigation or an action to foreclose on the property, and should not be considered as such. N c� Carrington Mortgage Services is here to Hein c� For further assistance and to obtain information about the many benefits and protections available to militam servicemembers, please contact our Customer Service Department at: (Phone): 1.800.561.4567 (Address): Carrington Mortgage Service, LLC : A, Customer Service --�-e P.O. Box 54285 - —, Irvine, CA 92619 C• For Additional Information There are a number of other resources you can use to gain a better understanding of your SCRA rights and protections. Use these helpful sources to get started. • CONSULT AN ATTORNEY. To fully understand your rights under the law, and before waiving your rights or voluntarily surrendering property, please consult an attorney. • JAG / LEGAL ASSISTANCE: Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http;//legalassistance.law of mil/content/Jocator oho • MILITARY ONESOURCE: "Military OneSource' is the U. S. Department of Defense's information resource. Go to www.mi]itaryonesource.com/sera or call 1-900.342.9647 (toll free from the Unites States) to find out more Information. Dialing instructions for areas outside the United States are provided on the website. LM755 4000512821 Pepe 9 of 10 9122 11AP00000I I-0 S- 017670 This page is intentionally left blank. LM755 4000512821 Page 10 of 10 9122.11-0PD000 16-=S W17$70 REQUEST FOR MORTGAGE ASSISTANCE (RMA) Imporaotl To avoid delays, please make sure all pages are complete and accurate CAR.RINGTON MORTGAGE SERVICES, LLC Loan Number: Carrington Mortgage Services, LLC (CMS) is here to help If you arc experiencing a financial hardship. You must provide information about yourself and your intentions to either keep or transition out of your property; a description of the hardship that prevents you from paying your mortgage(s); Information about all oryour Income, expenses and financial users; whether you have declared bankruptcy: and Information about the nmrtgage(s) on your principal residence and other single family real estate that you own. IMPORTANT. The same requirements apply to all applicants even If they are not obligated under the Note. If there Is more than one Applicant executing this document, each Is referred ton "P. For purposes of this document words signifying the singular (such as'1' or'my") shall include the plural (such as 'we' or 'our') and vice versa where appropriate. To be considered for any orthe Ion mitigation options offered by CMS you must provide the following: a) Completed, signed and dated Request for Mortgage Assistance (RMA) b) A completed and signed IRS Form 4506•T or 4506T•EZ c) All required hardship / income documentation In Section B of this RMA Please send your documentation via email, fax, or through our website and be sure to list your account number on each page for tracking purposes: (email): mnrteaerascletanmOcr rringtonmerom (fax): 1.077.267.1331 (website): www carrinetonms Corr /INFORMATION ...: Ho' w '; ;" '�` ._.'. •• F �- _.B . •erg*'. ,.;t.,�.. ,,. ,�.:"Adiiftiwiai,, Iil�ilt a' .7:z; Frill Name Full Name Full Name Date of Birth Social Security Number Date *(Binh Social Security Number Dateof Birth Social Security Number Work Number Work Number Work Number Home Number Home Number Rome Number Mobile Number Mobile Nember Mobile Number Alternate Number Alternate Number Afternate Number EmaD Address Emelt Address small Address ro Np 1 r ) Ii"t t u ..,AN b 5 { 9 'Fig. � i�i�Ce>d� i A �efr ��w5� '��J .K•i' Malling Address CI State Zip Code Property Address: (Brame as malling, rete, •same') city$tate ZI Code I want to: Keep The Property Vacate The Property The property is currently: Owner Occupied Renter Occupied The property is my; Primary Residence Second Home Sell The Property Undecided Vacant/Abandoned Investment Property Please Indicate the total number of occupants residing In the subject property: Is the property listed for sale? Yes No Is the property for sale by owner? Yes No Do you have Condominium or HOA Pees? Yes No IfYes,Total Monthly Amount Paid S Agent's Name Agent's Phone Number Association Name Association Address Is any applicant an active duty Servlcemember, a dependent ora Servicemember, or surviving spouse ofa Servlcemember7 Yes No Has any applicant been deployed away from the primary residence or recently received a Permanent Change ofSlation Yes No (PCS)order? Ifyes, do you Intend to occupy this property as your primary residence In the Mure? Yes No Has any applicant filed for bankruptcy protection? Yes No If Yes: CH7 CH1I CH12 CH13 Piling Date: Case Number: Has the Bankruptcy been discharged7 Yes No CMS -RMA 9I=1.1 1.060000oheUW6-0e17469 Loan Numbers Page 1 of S FILED 2010 MAY 29 AH I I: CITY CLERK IOWA CITY,10`; REQUEST FOR MORTGAGE ASSISTANCE (RMA) Importantl To avoid delays, please make sure all pages are complete and accurate CAPLMGMN MORTGAGE SRRVICES.LLC SECTION B: 1 t 1 am requesting review of my current financial situation to determine whether I qualify for temporary or permanent mortgage loan relief. The hardship causing mortgage payment challenges began on approximately (MM/DD/YY) and is believed to be: Short term (up in 6 months) Long term or permanent (greater than 6 months) Resolved as of (date): i Reduction of Income (e.& elimination of overtime, reduction . Not required in regular hours or reduction In base pay) Disaster (natural or man-made) Not required • Whit date did you became unemployed Unemployment • Arc you actively seeking employment? Yes No Long-term or permanent disability, serious Illness of a • Documentation verifying disability or illness OR borrower/co-borrower or dependent family member • Proof of monthly Insurance bonents or government assistance Self-employed business (allure • Bankruptcy filing for the business OR • Hardship letter detailing the date and cause ofthe business failure Increased housing expenses (a.& Uninsured loses, Hardship letter outlining thetyppee, timing. and amountand lithe Increased property taxes, HOA, special assessment) Increase will continue Into thaforeseeable future Divorce or legal separation • Final divorce decree or final separation agreement Recorded quitclaim deed • Recorded quitclaim deed Separation ofborrowers unrelated by marriage, civil union • Hardship letter explaining why a borrower on the original Note either or similar domestic partnership under OFpllcubie law refuses to cooperate with the application process and/or that their whereabouts are unknown Death ofa burroweror dependent family member • Death certificate or obituary/ newspaper article reporting the death • Probate orAflldavlt of Heirship for active duty service members) • Notice of Permanent Change 0 r Station (PCS) or actual PCS Orden For employment transfers / now employments Distant employment van sier/Relocation Copy of signed offer letter or notice from employer showing transfer to a new employment location or paystub from new employer • Documentation that reflects the amount of any relocation assistance, If applicable (not required for those with PCS orders) Dther:ahardshlp that is not covered above • Written letter of explanation describing the details of the hardship and relevant documentation (provide separately) iNNAW MWWedfalurlmr!i,. il irm RRA I AM% I Salary, hourly and overtime pay, commissions, Ups, and 30 -days of consecudve pay stubs showing year-to-date earnings bonuses Self-employment Income Most recent signed quarterly or year-to-date profit & loss statement Most recent filed & signed Federal Tax Return (all schedules) Social Security,pension, disability, death benefits, adoption • 2 -months most recent bank statements Call pages) :...._ Award letters or other documentation showing the duration: assistance, housing allowance and other public assistance frequency, and amount of the benefits Most recent filed & signed Federal Tax Return Including Schedule E Rental IncomeSupplemental Income and Loss Current lease agreement(s) • 2 -months most recant bank statements or cancelled rentch"As Investment Income • 2 -months most recent bank statements (all pages) OR • 2 -months mat recent Investment statements • T•munths most recent bank statements Cali pages) • Court approved documentation showing duration, frequency, and Alimony, child support or separation maintenance amount of such payments ••You are not required to disclose alimony, chlld support or separation maintenance unless you wish to use those funds to qualify Unemployment Income • Most current bereft award letter/ benefit statement Active Military 30 -days of L&E Statements showing year-to-date earnings CMS_RMA Loan Number: - Page 2 ofs 9121 11aplM%1001e WorOO V a68 M 913]i Ip0.1W0011LDOS00i 11G m On < �7 c d C. 1 913]i Ip0.1W0011LDOS00i 11G REQUEST FOR MORTGAGE ASSISTANCE (RMA) ' Importantl To avoid delays, please make sure all pages are complete and accurate CARRINGTON MORTGAGE SERVICES, LLC �10,}tg �v., ! Ikp r / r y'Qjrypr' p,y�,� .e£ 7 IN I f Property Address Property Address Property Address Cary Suite Zip City Stale Zip City Sul. Zip Gross Monthly Rent Mongage Payment(PITIA) f f Gross No nthly Rent Mortgage Payment(PITIA) Gross Monthly Rent f f f Mortgage Payment(PITIA) f Property Address Property Address Property Address City Sule Zip Pty Sea- Zip City state ZIP Gross Monthly Rent S Mortgage Payment lPiTIA) S Grow Monthly Rent Mortgage S Payment(PITIA) Gross Monthly Rent S S Mortgage Payment(PITIA) f SECTION D: INCOME EXPENSE FOR 11011 S EHOLD Monthly Gross income f Monthly Net Income $ Monthly Gross Income $ Monthly Net income• Monthly Gross Income S S Monthly Net Income' $ Areyou a wage earner? Yes No Provide sun date Are you a wage earner? Yes No Provide start date Am you a wage earner? Yes No Provid.surtd.te Me you self-employed? Yes No %of business ownership Arc you sen<mployedi Yes No % ofbusiness ownership Are you self-employed? Yes No % of business ownenhlp Are you school teacher? Yes No g of months paid per year Are you a school teacher? Yes No g of months paid per year Are you a school teacher? Yes No g of months pal per year Do you get bonus lncome7 Yes No Providefrequency Doyaugetb.nuslncome? Yes No Provide frequency Do you get bonus lncome7 Yes No Provtdefrequency - 7�_�., '11uf15 b` IdA 'r'1 �, tl Gross income (before withholdings) $ Primary Mortgage Principal & Interest Payment $ Self-employment Income $ Second Mortgage Payment f OvcrUmc, Tips, Commission, Bonus $ Third Mortgage /line of Credit Payment $ Unemployment Income $ Home Owner's Insurance f Social Security/ Disability Income S Property Taxes f Annuity/ Retirement Income f HOA/Condo/Co-op/ Maintenance Fee $ "Alimony, Child Support, Separation Maintenance S Child Support / Alimony Payments f Gross Rental Income f Credit Card,(minimum payments) f Food Stamps / Public Assistance $ Car loans / Personal Loans / Student Loans $ Other S Additional Properties(Mortgage payments) f Total Monthly Income S Total Monthly Expenses $ ^ only Include alimony, chlfsl suppom orseparation maintenance 1l you want it considered for this application and repaying the loan. CM1_RMA Loan Numbers Page 3 oto a l R� 71.00. W pee 1 g-0 W I AD 1 3 W 7 I O C= �k X,:4 -4 n { aN0 �n o� r 9122 11-0DOOp0p19-0W 90011162 REQUEST FOR MORTGAGE ASSISTANCE (RMA) I mportanti To avoid delays, please make sure all pages are complete and accurate CAR IUNGTON MORTGAGE 8ERVICES. LLC In making this request for loss mitigation assistance, I understand and consent to the following: 1. All of the Information in this RMA Is truthful and the hardships) Identified above has contributed to submission of this application. 2. CMS and/or the owner or guarantor of my mortgage loan, and/ or their respective agents may Investigate the accuracy, of my statements, may require me to provide additional supporting documentation and that knowingly submitting false Information may violate Federal and other applicable law. 3. 1 authorize CMS, and/or the owner or guarantor of the subject mortgage loon, and/ or their respective agents to use a current consumer report to Investigate my eligibility for mortgage assistance and the accuracy of the statements and any documentation that I provide In connection with this application. I understand that these consumer reports may Include, without limitation, a credit report, and be assembled end used at any point during the application process to assess my eligibility thereafter. 4. If 1 have Intentionally defaulted on my existing mortgage, engaged In fraud or If It Is determined that any of my statements or any information contained In the documentation that I provideare materially false and that I was ineligible for assistance, CMS, and/or file owner or guarantor of my mortgage loan, and/ or their respective agents may terminate my participation In any of the foreclosure prevention alternatives including any right to future benefits and Incentives that otherwise would have been available under such programs, and also may seek other remedies available at law and In equity, such as recouping any benefits or incentives previously received. S. Any property forwhlch l am requestingassisrance is a habitable residential property that is not sub)ectto a condemnation notice. 6. CMS will use the Information I provide to evaluate my eligibility for available relief options and foreclosure prevention alternatives, but CMS Is notobllgated to offer me mortgage assistance based solely on the representations in this document or other documentation , submitted In connection with my request. - 7, l am willing to commit o credit counseling if it is determined that my financial hardship is related to excessive debt. - 8. CMS will collect and record personal Information that 1 submit In this RMA and during the evaluation process, Including but not limited to, my name, address, telephone number, social security number, credit score, Income, payment history, government monitoring Information, and information about my account balances and activity. I understand and consent to CMS' disclosure of my personal information to Fannie Mae and Freddie Mac In connection with their responsibilities under USDA, VA, HUD and their respective agents, companies that perform support services, any investor, Insurer, guarantor, or servicer that owns, insures, guarantees, or services my first lien or subordinate lien (If applicable) mortgage loan(s) and to any HUD -certified housing counselor. 9. 1 consent to being contacted concerning this request for mortgage assistance at any e-mail address or cellular or mobile telephone number[ have provided to LMS This Includes text messages and telephone calls to my cellular or mobile telephone 10. If I or someone on my behalf has submitted a Fair Debt Collection Practices Act Cease and Desist notice to CMS, I hereby withdraw such notice and understand that CMS must contact me through the loss mitigation process or to Rnd otheralternatives to forecaosvre. 11. If[ was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents, or am currently entitled to the protections of any automatic stay in bankruptcy, I acknowledge that CMS is providing the Information about the mortgage relief program at my request and for informational purposes, and win an attempt to Impose personal liability for the debt evidenced by the Nae. 12. 1 agree that when CMS accepts and posts a payment during the term of any Repayment Plan, Trial Period Plan or Forbearance Plan it will be without prejudice to, and will not be deemed a waiverof, the acceleration of my loan or foreclosure action and related activities and shall not constitute a cure of my default under my loan unless such payments are sufficient to completely cure my entire default under my loan. 13. 1 agree that any prior waiver as to my payment of escrow Items lathe Servicer In connection with my loan has been revoked. 14. IN qualify for and enter Into o Trial Period Plan, I agree to the establishment of an escrow account and the payment of escrow Items If an escrow account never existed on myluan. CMS RMA Loan Number. Page 4 ofS 9 122.I 14X0000001a 0009o0 17866 i"ZY 9'2211 W{WW18Lkn WI)006 L 9'2211 W{WW18Lkn WI)006 REQUEST FOR MORTGAGE ASSISTANCE (RMA) Importatntl To avoid delays, please make sure all pages are complete and accurate CARRINGTON MORTGAGE RRRVICP,R, LLC ' A ME KTY 'T M l+'.d.' 4Y''yV-. .rkr If you have questions about v documenrnmentp ogthe m please call ervicrr. cannonce t government msgeneral that our Servat Serassvitor answcess,er or you needfurthour further Ifyou have questionsaboutout goroeo"er'S counseling, you can call the Homeowners HOPE Hotline at 888 -"S -HOPS (1673). The Hotline can help answer HOPE Hotline at888ry S-HOPSotanswe he Holmef can questions about the program and offers free HUD -certified counseling services in English and Spanish. 1' 1 The following Information is requested by die federal government in order to monitor compliance with federal statutes that prohibit discrimination in housing. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of this Information or on whether you choose to furnish it If you furnish the information, please provide both ethnicity and race. For rare, you may check more than one designation. If you do not furnish ethnicity, race, or sea, the lender or servicer Is required to note the information on the basis of visual observation or surname If you have made this request for mortgage assistance In person. If you do not wish to furstlsh the Information, please check the box below and proceed to the signature section below. j' ' $oxxxW �, is t' ' ow.WAIN 4W=Ai1iJAWLV*I 1 do not wish to furnish this Information 1 do not wish to furnish this Information 1 do not wish to furnish this Information Hispanic or latino Hispanic or Ladno Hispanic or Latino Not Hispanic or Latlno Not Hispanic or Latino Not Hispanic or Latino American Indian or Alaska Native American Indian or Alaska Native American Indian or Alaska Native Aslan Aslan Aslan Black or African American Black or African American Black or African American Native Hawaiian or Other Pacific Islander Native Hawaiian or Other Paclfic Islander Native Hawaiian or Other Pacific Islander White White White Male Male Male Female Female Female :. tr` ° it G . "req V �. y' c, I Pd i.... o -,y. '� 1r M. I f �1 F fi, a , By signing belcriv, I certily that Atli Inhin mation in ovidied herein Is It ullilid. I undej stand that knowingly slibillitting false of alislealling hutorillultioll nlay constillutir firanuiland that I will licit lie eligible jul Inul Igaile assistance. Slgaaterc Dale Slputure Date shouture Dete Gi1g.RklA 9 12:.1.carOepOle-0elou0vus L480 NDtAbaPl fictilliefors y C—) lL k fTi m fictilliefors 91221 1m000pp1e WIP4U Veef Request for Transcript of Tax Return Form '!a%C06-T 1 Do not sign this form union all applicable lines have been completed. OMB No. 1545.1872 (Rev. sapience, 2015) I Depemmem of me T,eswry 0- Request may be rejected if the loon is Incomplete or Illegible. Internal Revenue Service ► For more Information about Form Wei vlaft www as.gov/form450Bf. Tip. Use Form 4506-T to order a transcript or other return Information free of charge. See the product list below. You can quickly request transcripts by using our automated Bell -help service tools. Please vblt us at IRS.gov and click on "Get a Tax Transcript.,' under -Tools' or cell 1.800-908.9946. If you need a copy of your return, use Form 4WO, Request for Copy of Tex Return. Thera Is a fee to gel a copy of your return. 1• Name shown on tax return. If a Joint return. enter the name rib First social security numberon tax return, Individual taxpayeridentiecatlon shown first, number, or employer Identification number (see Instructions) 2a If a joint return, enter spouee'e name shown on tax return. 2b Second social security number or Individual taxpayer Idemiftoe0on number If joint tax return 3 Current name, address Qncluding apt., room, or suite no.), city, state, and ZIP Code (tree Instructions) 4 Previous address drown on the Inst return filed if different from line 3 (sea inslrucllons) 5 If thtf transcript of tax Information Is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. Caution; If the tax transcript is being mailed to a third party, ensure that you have filled In lines a through 9 before signing. Sign and date the form once you have Piled In these lines. Completing these steps helps to protect your privacy. Once the IRS discloses your tax transcript to the third party listed on line 5, the IRS has no Control over what the thkd parry does with the Information. If you would like to limit the third party's authority to disclose your transcript information, you can opacity this limitation In your written agreement with the third party. 6 Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. ► a Return Transcript, which Includes most of the One Items of a tax return as filed with the IRS. A tax return transcript does not reflect charges made to the account after the return is processed. Transcripts we only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120-A, Form 1120-H, Form 1120-L, and Form 11205. Return transcripts we available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days . . ❑ b Account Transcript, which contains Information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to Items such ere tax liability and estimated lax payments. Account transolpls are available lot most returns. Moet requests will be processed within 10 business days . ❑ o Record of Account, which provides the most detailed Information as it Is a combination of the Return Transcript and the Account Transcript. Available for current year and 3 prior lax years. Most requests will be processed within 10 business days ❑ 7 Verification of Nonflling, which Is proof from the IRS that you did not Ne a return for the year. Current year requests are only available after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days. . ❑ e Form W-2, Form 1096 sell", Form 1098 series, or Form 5498 ewes transcript The IRS can provide a transcript that includes date from mese Information returns. State or local Information is not included with the Form W-2 Information. The IRS may be able to provide this Vanscripl Information for up to 10 years. Information ler the current year is generally not available until the year after it Is filed with the -IRS. For example, W-2 Information for 2011, ted In 2012, will likely not be available from the IRS until 2013. It you need W-2 Information for retirement purposes, you should contact the Social Security Administration at 1-900-772-1213. Most requests will be processed within -10 buslneaq ooya . ❑ Caution: If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form -1O99 fled with your return, you must use Form 4506 and request a copy Of your return, which includes all attachments. - 4 9 Year or period requested. Enter the ending date of ins you or period, using the man/dd/yyyy format. If you we redueating Then lour. years or periods, you must attach another Form 4508-T. For requests relating to quarterly lax returns, such as Foam 941, y t eller each quarter or tax period separately. I y / I / / I y / I Or Caution: Do not sign this form unless all applicable linea have been completed. Sighsture of taxpayer(s), I declare that I am elther the taxpayer whose name Is shown on line to 0r 2a, or a person authorized to obrtala the lax information requested. If the request applies to a joint return, at least one spouse must sign If signed by a corporate officer, 1 pe cert( or more sharehokier, partner, managing member, guardian, tax mahaa partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I Certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. Note: For transcripts being sent to a third party, this form must be received within 120 days of the signature data. ❑ Signatory attests that he/she has read the attestation clause and upon so reading doolwes that he/she Phone number of taxpayer on line hes the authority to sign the Form 4506-T. Sea Instructions. 1 a or 2a ' I 9lOMlwe(welnetrucllonB) Date Sign ' Here Title (if line to above Is a corporation. partnership, estate. or trueg ' I spouMY Biwaturs Date For Privacy Act and Paperwork RsdudOon Act Notice, eras page 2. Cat. No. 37867N Form 4506-T (Rev. 9.2015) v u:l i.ao.aoopoleaonoovau Fom14506-T(Rev.9.2015) Peps 2 Section references are to Mg Internal Revenua Code union Otherwi a Wed. Future Developments For the latest Infonnstlon about Form 450&7 and els Instructional. g0 t0 wwwJm9OV/fam4506r. Information about any recent developments affecting Form 4WO-T (such as leglaWAOn Beaded, all we released it) will be Posted on that pre. General Instructions Caution: Do not sign this form unless all applicable linea have been completed. Purpose or form. Use Form 4506-T W request tax return Inbrmafon. You can also aslgab an Ana 5) a third parry to receive the Information. Taxpayers using a tax Year beginning In me calendar yea and ending In the fofiowkg year initial tax yon) must rile Form 4506-T to request a return tranecmpl. Note: It you ab urtwro of which type of Innal you need, request the Record of Aboxi nl, As it Panic" the mat detailed Information. Tip. Use Form 4506, Request for Copy of Tax Return, t0 Wool copies of Wx aroma. Automated transcript request You can quickly request Irenscnpl9 by using our automated rafbhelp $,nice twig. Plea" der us at IRS.pw and click on *Get a Tax TnnecripL. " under 400le" or all 1.800.908-9948. When to file. Mail or lax Form 4506-T to the address below fcr the stale you lived In, or the elate your business wu In, when that return was libel. There lie two addrw charts: ora for indvdual VaacdpW (Form 1040 "mea and Foran W-2) and we for aft offer Marva la. It you are mqueal more than oil tmacdpl or Other product and the Mart below shown two dffwwt addresses, send your requital d the a ldrw based an the address of your mat recent return. Chart for Individual transcripts (Form 1040 series and Form W-2 and Form 1090) It you filed an Individual return Mall or fox to.. and lived In: AkWma. Kentucky, l.ouislaa, MbwlppL Tennessee, Tom,a htartW Revenue Serve foragn country, American Fail Team Samoa, Porno How. Slop 6716 Al Guam, the Austin, TX MWI commonwealth of 8s NWIwn Mariana lames, the U.S. ii lWrib,or 512.460.2272 A.P.O. or flP,O. address AWWa, Arams, Arlan", Cal6ori comical Hol Idaho, All Internal Revenue Sen lce Indiana. low,, Kanses, RAN$Twnl Michigan, MinnsaA Stop37106 Manama, Nebraska, Ffo g.CAWM Nevada, Now Mui", Nath Dakota, Okohma Oregon, South Dakota, Utah, Washington, 659.456.7227 Weconan Wyoming CmnecliWL Deal Dlabrot of Columbia, Fantle, Geon Mabe, internal Revenue Service Maryland, Massachusetts, PMNs Tal Misean, New Hampshire, Slop 6705 P-6 New Jersey, Now Yak, Kaxaa City, MO 6409 North Camila, Onto, Pennsylvania. Mode WWnd, South Cardia, Vermont Vil Weal 816-292-6102 Virginia 9122-I4o&OOKO) -0Ot 1()017864 Chart for all other transcripts If you lived in or your business Mail or fax to: was In: Alabama, Alaaks, Arizona, Arkane", California. Colorado, Florida, HaweB, claim, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Internal Revenue Service Missouri, Montane, BANS Team Nebraska, Nevede, P.O. Box 9841 Now Mexico, Mall Stop 6734 North Dakota, Ogden, 184408 Oklahoma, Oregon, South Dakota, Taus, Utah, Washington, Wyoming, a foreign country, American 601-620.8922 Samoa, Puerto Fill Guam, the Commonwealth of the Northam Mariana Islands, the U.S. Nrgin Islands, or A.P.O. or F.P.O. address Internal Revenue Service RAIVS Team P.O. Box 145500 Stop 2800 F Cincinnati, OH 45250 Jamay, New York, North Carollnq Ohio, Pennsylvania, Rhode Island. South 850.889.3592 Gaveling, Tennessee, Vemndl Vrginla, West Vrginje, Wisconsin tAs lb. Enter your employer identification number (EIN) If your request retain to a business return. Otherwise, enter the Oral acral security numbs (SSN) or vow Individual taxpayer Identification number (1114) shown an the fall Fa example, If you are requesting Form ID40 that Includes Schedule C (Form Ibell enter your SSN. Lina 3. Enter yon current address. I you use a P.O. box, Include It On this fins. Late 4. Enter the address shown an the Int return Bled if different from Me address ,maned on line 3. Nolo: If the atltlmaes on Area 3 and 4 aro different and you have not changed your eddrw with the IRS, file Farts 6822, Change of Addrsee. For a businw address. fie Form a822 -B, Charge of Address or Responsible Party — Businw. Larry 6. Enter Only ora tak form number per request. signature and date. Fenn 4505-T moat be signed And dated by the taxpayer listed an lab 1 a or 2, 0 you completed IM 6 requesting the Information be sent to a third party, the IRS most mania Form 4508-T within 120 days of the date signed by the taxpayer or r wall be rejected. Ensure that all applicable Ilnee are completed before signing, You mutt chock the box In the sigafure naw to acluawbdge you not pie ! authority to sign and request no Infomla0on. The loml W/O not be processed end returned to you lel fa Dox is unchecked. ImMmus/o. Tranecripb of jointly filed tax returns, My be furnished to ellher spout. Only one Will is required. Sign Farts 4611 exactly u your name appeared on the original ralum. If you changed your name. also all your content mane. Cap»Oona. Germany, Form 4508-T an be algid by: (1) an officer having legal authority to dM the corporation. (2) any person deelgnatad by the board of director, ar other gowming body, or (3) any officer at employee on wndM request by arty Principal officer and staled to by the secrebry or other omcer. A bona fide ehsrshober of record owning / percent or mea of the oNatandi stock of the corporation may aubmit a Form 4508-T but must "We dwomerlialpn to wppon the rpuwlal fight to malty the Informal Pannerahlps, Generally, Furs 4506-7 can be signed by 47 person who was a member of the partnership during arty Dart of Na tax period requ"tw on One 9. AS othroma See eecton a103g) If the tupayer has died, le insolvent, to a devolved corporation, or if a trust", guardian, uecuta. recall or WmlNetntar Is acting for the taxpayer. NOW: It you ere Hair at law, Next of kin, or ReneOclary you must be able to establbh a malarial Invest In the "tale or trust, DowmenWdon. For entries OMW Nan Individuals, you must final th0 aulhomistlon daUmnru. For example, INS could be the loner tram the principal officer sulharning an employ" of the corporation or Me lariat testamentary wttmoino rn Ind viii to act Ina en "Wb. sanctions by a npresentart A representative an sign Farm 4506-T for a Mayor only, 11 the taxpayer lbs apscifaily delegated Into authority to Misrepresentative on Farm 2545. lira 5. The representative most ansa Farm 2848 slowing Im dell to Farm 4508-T. Privacy Act and Paperwork Rsducdon An Notice. We ask fa the Information On this to= to establish your fight 10 gain scan to the !guested the Information under the Internal R"enw Coda. We sad this Infor alien to properly Identify the lax information and respond to your request. You sm not required to request any transcript; If you do request a Moaergl, sscmm 6103 and 6109 and their regulations require you to provide Me Mimmation. including your SSN or EIN. II you do not provide this information, we may not be able to Pmcw your request. Providing (aloe or fraudulent Infombllon may subject you to penuries. RouIIM us" of this information Include giving It to the Department of Jalke M civil aha criminal litigation, and chin, states, the District of Columbia. and V.S. commonweal ane Poeswalma for use, In adminieteen g their IAk laws. We may also disclose this mfombtion to other countries under a tax truly, to federal end state agencies to enforce lederal rental criminal laws, or to foang low onforooment end Intellgem e, "mice to canal monism. You sm not required to Provide the information requested at a form that le subiect 10 ire Pop"on, Reduction Act unless the forth displays a veld OMS control number. Seem or receives nlsling to a arm Or Its Instructions must be retained n long As thew contents may become nstsesl In the Administration of any Inte l Revenue law. Generaly, tax returns and return Information are cmpdemiall required by section 6103. The lime naadad to complete and Ole Farm 4506-T will vary depending m indiviaal circumstances The estimated average time is: Leeming about the low or the toms 10 min., preparing the farm, 12 min.: and Copying, seserMling, and "Ming the form to ds IRS, 20 min. Il you have comments concerning the accuracy of these limo ostlmatee a suggestions ler m wing Form 4W$6 T simpler, lea would be appy to hear from you. You can write to: Internal Revenue Sarvlce Tu Forma and Publications Division 1111 Constitution Ave. MY. IR -6526 Washington, DC 20224 Do not send the farm 10 this address. Instead, see Wham to No on this page. Form 450OT-EZ Short Form Request for Individual Tax Return Transcript (Rm. rugua 2014) OMB No. 1595.2154 ►Request may not be processed If the form In Incomplete or Illegible. Int«ntl Pev. eyvke� ► For more Information about Form 45067-E2, visit www.1ia.gov/Jbrm450Stez. TIP. Use Fon 4501 to order a 1040 aeries tax return transcript free of charge, or you can quickly request transcripts by using our automated self-help service tools. Planes visit us at IRS.gov and dick on `Get Transcript of Your To Records' under `Tools" or "it 1.800.908.9946. In Name shown on tax return. If a joint return, enter the name shown firel. lb First social security number or Individual taxpayer Identification number on tax return 2a If a Joint retum, enter spouse's name shown on tax return. 21a Second social security number or Indlvitlual taxpayer identNloation number if joint tax return 3 Current name, address (Including apt„ room, or suite no.). city, state, and ZIP code (see Instruction*) 4 Previous address shown on the last return filed 11 different from line 3 (see Instructions) b If the transcript Is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The IRS has no control over what the third party does with the tax Information, Third party name Telephone number Address (including apt., room, or suite no.), city, state, and ZIP code Caution. If the tax transcript is being malted to a third party, ensure that you have filled In line 6 before signing. Sign and date the form once you have filled In this One. Completing this stop helps to protect your privacy. Once the IRS discloses your IRS transcript to the third parry listed on line 5, the IRS has rw control over what the third party does with the Infonnetlon. If you would like to limit the third party's authority to disclose your transcript Information, you can specify this limitation In your written agreement with the third party. 6 Year(a) requested. Enter the yeags) 01 the return transcript you we requesting (for example. "2008'). Most requests will be processed within 10 business days. Note. If the IRS U unable to locate a return that match*$ the taxpayer Identity Information provided above, or It IRS records Indicate that the return has nor been file,, the IRS will notify you or the third party that it was unable to locate a return, or that a return was not filed, whichever Is applicable. Caution. Do not sign this form unless all applicable lines have been completed. Signature of taxpayer(*). I declare that I am the taxpayer whose name to shown on either are 1 a or 2a. If the request applies to a joint return, either spouse must sign. Note. For transcripts baling sent to a third party, this form must be received within 120 days of the signature date. Sign ' Here For Privacy Act and Paperwork Reduction Act Notice, see page 9122 11 ep OpOpp 160013 W I )ab l Cal. No. 541855 Phone number of taxpayer on line 1 a or 2a cD in41W7 M (Rw. 0►2014) rn C. Fom, 4506T -EZ Section references are to the Internal Revenue Code unless otherwise noted. Future Developments For the latest Information about developments related to Form 4506T -EZ, such as legislation enacted after it was published. go to www.1rs.gov/lorm4506fez. Caution. Do not sign this form unless all applicable Imes have been completed. Purpose of form. Individuals can use Form 4506T -EZ to request a tax return transcript for the current and the prior three years that Includes most Imes of the original tax return. The tax return transcript will not show payments, penalty assessments, or adjustments made to the originally filed return. You can also designate (on line 5) a third party (such as a mortgage company) to receive a transcript. Form 4506T -EZ cannot be used by taxpayers who fde Form 1040 based on a tax year beginning In one calendar year and ending in the following year (fiscal lax year). Taxpayers using a fiscal tax year must file Form 4506-T, Request for Transcript of Tax Return, to request a return transcript. Use Form 4506-T to request tax return transcripts, tax account information. W-2 Information, 1099 Information. verification of non -riling, and record of account. Automated transcript request. You can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on 'Got Transcript of Your Tar Records" under "Tools" or call 1-800.908-9946. When to rile. Mail or fax Form 45067 -EZ to the address below for the state you lived In when the return was filed. If you are requesting more than one transcript or other product and the chart below shows two different addresses, send your request to the address based on the address of your most recent return. 9122-11404000001 &0012410116) N you filed an Mall or fax to the Individual return "Internist Revenue and lived in: I Service" at: Alabama, Kentucky, Louisiana, Mississippi, Tennessee, Texas, a foreign country, American Samoa, RAfVS Them Puerto Rico, Guam, Slop 6718 AUSC the Commonwealth Austin, TX 73301 of the Northam 512.460-2272 Mariana Islands. the U.S. Virgin Islands, or A.P.O. or F.P.O. address Alaska, Arizona, Arkansas, Callfomla, Colorado, Hawaii, Idaho. Illinois, Indiana, Iowa, Konen. Michigan, RAIVS Team Minnesota, Montana, Stop 37108 Nebraska, Nevada, Fresno, CA 93888 New Mexico. North 559.456-7227 Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming Connecticut, Delaware, District of Columbia, Florida. Georgia, Maine, Maryland, Massachusetts, RAIVS Team Missouri, New Stop 6705 P-6 Hampshire, New Kansas City, MO Jersey, New York, 64999 North Carolina, Ohio, 816-292-6102 Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia number (EIN) If your request relates to a business realm. Otherwise, enter the first social security number (S$N) or your Individual taxpayer Identification number TN) shown on the return. For example, If you are requesting Form 1040 that includes Schedule C (Form i D40), enter, your SSN. Line 3. Enter your current address. 8 you use a P.O. box, Include a on this line. Line 4. Enter the address shown on the last return filed if different from the address entered on line 3. Note. If the address on Imes 3 and 4 are different and you have not changed your address with the IRS, file Forth 8822, Change of Address. Signature land date. Fonn 46087 -EZ must be signed and dated by the taxpayer listed on line 1a or 2a. If you completed line 5 requesting the Information be sent to a third Party, the IRS must receive Form 45001 within 120 days of the dale signed by the taxpayer or It will be rejected. Ensure that all applicable Imes are completed before signing. Transcript* of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506T -FI exactly es your name appeared on the original return. If you changed your name, also sign your current name. Privacy Act and Paperwork Reduction Act Notice. We ask for the Information on this form to establish your right to gain access to ."I'�"�e the requested tax Information under the 12f�"��Yi Internal Revenue Code. We need this Information to property Identify the tax Information and respond to your request. If you request a transcript, sections 8103 and 6109 require you to Provide this Information, Including your SSN. If you do not provide this information, we may not be able to prooees your request providing false or fraudulent Information may subject you to penalties. Routine uses of this Information Include giving it to the Department of Justice for civil and criminal litigation, and cities, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their tax laws. We may also disclose this Information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You are not required to provide the information requested on a form that Is Subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or Its instructions must be retained as long as their contents may became malarial in the administration of any Intemal Revenue law. Generally, lax returns and return Information are confidential, as required by notion 6103. The time needed to complete and hie Form 4606T -EZ will vary depending on Individual circumstances. The estimated average time Is: Leeming about the law or the form, 9 min.; Preparing the form, 18 min.; and Copying, assembling, and sending the forth to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 45067 -EZ simpler, we would be happy to hear from you. You can write to: Internal Revenue Service Tax Forme and Publications Oivlslon 1111 Constltullon Ave. NW, IR -8528 Washington, DC 20224 Do not send the form to this address. Instead, ase Where to file on this page. IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A., ) EQUITY NO: EQCV079296 Plaintiff, ) Motion for Order Substituting VS. ) Party Plaintiff Juan Neutze a/k/a Juan Miguel Neutze; Adriana ) Neutze, et al., ) Defendants. ) Plaintiff, Bank of America, N.A. ("Plaintiff'), by and through its attorney of record Rodney W. Kleitsch of the firm of SouthLaw, P.C., moves this Court for an order substituting Carrington Mortgage Services, LLC as the party plaintiff. In support of its motion, Plaintiff states as follows: 1. This foreclosure action was filed on September 8, 2017, and Plaintiff seeks judgment for monies due under a certain note and judgment for foreclosure of a certain mortgage. 2. At the time this action was filed, the note and mortgage were held by Bank of America, N.A. Subsequent to the time the petition was filed, the note and mortgage were sold and assigned to Carrington Mortgage Services, LLC, which is the current holder of the note and mortgage. A copy of the Assignment is attached and marked as Exhibit "A". m a 3. As the holder of the note and mortgagee of record, Carrington Mortgage Services, LLC DWrg—gs doocee t7"C N with the prosecution of this foreclosure action and be substituted as the plaintiff ofrecor(FR sufsoequeaFn m 2m - pleadings pleadings filed herein. t3 Q D 4. Since Bank of America, N.A. has sold the note and mortgage to Carrington Mortgage Services, I%, it no longer has any interest in, on or to the real property that is subject of this proceeding and it should be dismissed as the plaintiff herein and not required to further participate in these proceedings. 5. Entry of an order substituting Carrington Mortgage Services, LLC should not affect the prosecution of this case as this entity is seeking, and is entitled to, the same relief as prayed for in the original petition. WHEREFORE, Plaintiff prays this Court grant its motion under Iowa R. Civ.P.1.201 for an order SL File No. 205543 Case No. EQCV079296 CG : CA (Tharrrbn) CA C1'IcGhr;Slt Flo CgnLbrose substituting Carrington Mortgage Services, LLC as the party plaintiff in this action and for such other and further relief as is just. SouthLaw, P.C. /s/ Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) 1401 5011' Street, Suite 100 West Des Moines, IA 50266 (515)223-7325, ext. 362 (515) 223-7276 (Fax) Rodney. Kleitsch@southlaw.com Attorneys for Plaintiff N O C C-)_ m cin N i - .<r a m D u1 J CERTIFICATE OF SERVICE I certify that a copy of this pleading was served either electronically or via regular mailed to the following parties on March 23, 2018: PFM, L.C. c/o Curtis G. McCormick 808 1311 Street West Des Moines, IA 50265 CACH,LLC c/o Corporation Service Company 505 51" 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 Attn: Ryan A. Maas P.O. Box 2450 N Iowa City, IA 52244 0 Attorney for State of Iowa c� Parties in Possession ry CO r 1927 Grantwood St. —ate Iowa City, IA 52240-<r; = m x o L&M Accounts, Inc._ D c/o Larry A. Vanert (Registered Agent) cn J 4003 361" 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 Is/Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) PREPARED, SUBMITTED, AND RETURN TO: CRYSTAL WOLF SOU HLAW, P.C. 13160 FOSTER SUITE 100 OVERLAND PARK, KR 66213-2660 913.663.7600 BK: 5761 PG: 296 Recorded: 3/5/2018 at 10:16:18.0 AM Fee Amount: $17.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa MARGIN ABOVE RESERVED FOR RECORDING INFORMATION ASSIGNMENT OF MORTGAGE DATE OF INSTRUMENT: 2/20/2018 ASSIGNOR: Bank of America, N.A. ASSIGNEE: Carrington Mortgage Services, LLC AFFECTED INSTRUMENT: April 5, 2005, in Book No. 3860, at Page 593 LEGAL DESCRIPTION: m 0 Lot 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 File No. 205543 XHIH91T A ASSIGNMENT OF MORTGAGE For value received, Bank of America, N.A., c/o Carrington Mortgage Services LLC, 1600 South Douglass Road, Suite 200-A, Anaheim, CA 92806 ("Assignor"), assigns, transfers and sets over to Carrington Mortgage Services, LLC, 1600 South Douglass Road, Suite 200-A, Anaheim, CA, 92806 ("Assignee"), together with the promissory note and all attendant liens, rights and interests in the following described Mortgage: Original Loan Amount: $96,000.00 Recording Date: April 5, 2005, in Book No. 3860, at Page 593 Original Borrower(s): Juan Neutze and Adriana Neutze, husband and wife The legal description contained in the security Instrument is as follows: Lot 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, commonly known as 1927 Grantwood St, Iowa City, IA 52240 (the "Property") Carrington Mortgage Services, LLC, attorney-in- fact for Bank ofAme •Ica, N.A. ("Assignor") By: Printed T;et..• kr pka�I1C.N:nyilfi4 Date: ACKNOWLEDGMENT STATE OF ss. COUNTY OF ) BE IT REMEMBERED, that on this day and for the county and state, came instrument as (Tit11 America, N.A., and such person acknowledged the exec my hand and affixed by official seal the day and year last —,20 before me the undersigned, a notary public in , who is the same person who executed this .on Mortgage Services, LLC, attomey-in-fact for Bank of the act and deed of the corporation. In witness, I have set Notary Public: Date: My Commission Expires: O N eo in a n"C co r �m = m File No. 205543 0� _ v IIII�IINI�I�INIIIIDIN��QIII�I�II�IIINIIIIII 3> N USE THE BELOW ACKNOWLEGMENT ONLY FOR CALIFORNIA CORPORATIONS EXECUTING THE ASSIGNMENT. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached; and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE. CERTIFICATE OF ACKNOWLEDGMENT State of California ) Orange ) ss County of ) FFR 7 n 1018 __ Wheny Wulandah 1 ($61" lei0;r- rinsert name and title of the officer), personally appeared Trim C'rpfl who 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or 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 California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Notary Date File No. 205543 IIII IIII III��I I��II�I��I �I II I�INIII�IIN WNENV WUUNDANI Notary Publi<-0000 04 rag - De Count Comm.ExPIM 2 C 915 17. My Comm.FxgresOR L], 2021 N m O gn D'--t7t7 o a -I c ->-<m _;n r :fira m M = n IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Bank of America, N.A., Plaintiff, Vs. Juan Neutze a/k/a Juan Miguel Neutze; Adrian 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.; and State of Iowa, Defendants. TO THE PERSONS LISTED BELOW: City of Iowa City, Iowa c/o City Clerk for Iowa City 410 E. Washington St. Iowa City, IA 52240 DATE OF NOTICE: January 4, 2018 IMPORTANT NOTICE EQUITY NO: EQCV079296 NOTICE OF INTENT TO APPLY FOR DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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. CA Tkon rFaY Respectfully submitted, SouthLaw, P.C. /s/ Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) 1401 501s St., Suite.100 West Des Moines, IA 50266 (515) 223-7325, ext. 362 (515) 223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 0 O m L y ern rn rn t� YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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. CA Tkon rFaY Respectfully submitted, SouthLaw, P.C. /s/ Rodney W. Kleitsch Rodney W. Kleitsch (AT0009037) 1401 501s St., Suite.100 West Des Moines, IA 50266 (515) 223-7325, ext. 362 (515) 223-7276 (Fax) Rodney.Kleitsch@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. SL File No. 205543 Case No. EQCV079296 END OF CASE FILE F IVA E-FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT THE IOWA DISTRICT COURT FOR JOHNSON COUNTY PROGRESSIVE UNIVERSAL INSURANCE COMPANY, ORIGINAL NOTICE Plaintiff, V. No. MOHANAD GABANI, FATIMA TAHIR and CITY OF IOWA CITY IOWA, Defendants. TO THE ABOVE-NAMED DEFENDANT: Fatima Tahir, 2610 Bartlett Road, 41A, Iowa City, IA 52246 1. YOU ARE NOTIFIED that a Petition has been filed in the Office of the Clerk of this Court on May 23, 2018, 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 attorney for the Plaintiff is Brooks Law Firm, P.C., Brian T. Fairfield, whose address is 3725 Blackhawk Road, Suite 200, Rock Island, IL 61201. That attorney's telephone number is 309-786-4900; facsimile number 309-786-4940. 2. YOU ARE FURTHER NOTIFIED that the above case has been filed in a county that utilizes electronic filing. 3. UNLESS WITHIN 20 DAYS AFTER SERVICE OF THIS ORIGINAL NOTICE UPON YOU, you serve and within a reasonable time thereafter file a Motion or Answer in the Iowa District Court for Johnson County, at the Courthouse in Iowa City, Iowa, judgment by default may 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. 4. YOU MUST ELECTRONICALLY FILE a Motion or Answer using t1r.Iowa Judicial Branch Electronic Document Management System �M9j at https:/www.iowacourts.state.ia.us/EFILE. unless you obtain from the Court an _ ti wfrotn–,j electronic filing requirements. C-)—< ca t'— o 5. If your Motion or Answer is filed within 20 Days, and you denyl�e-clai & yoM will receive electronic notification through EDMS of the place and time of the �1�ng= this_, matter. - V - r r IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE ATONCETO PROTECT YOUR INTERESTS. cc.. KC CL�rl e0v— �Le "—p / CK,4 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 6. If you electronically file a Motion or Answer, EDMS will serve a copy of the form on the Plaintiff, unless Plaintiff is exempt from electronic filing, or on the attorney for the Plaintiff. The Notice of Electronic Filing will indicate if you must mail a copy of your Appearance and Answer to Plaintiff. You must also notify the Clerk's Office of any address change. 8. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your District ADA Coordinator at 319-398-3920, ext. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 0 oC-3 CO =c n j;::74 C-)-< .c o rn 01 o� � ; _ r r IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. E -FILED 2018 MAY 23 9:48 AM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Case No. CVCV079944 Canty Johnson Case Tine PROGRESSIVE V. GABANI, TAHIR AND 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 10 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: hap://w .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 19: hap://www.iowacourts.stateJa. us/Elle Scheduled Heating: 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 05/23/2018 09:48:21 AM District Clark or Johnson /s/ Wanda Sedivec N ro O -`,-. n r9 q s 1 o O Count' F E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY PROGRESSIVE UNIVERSAL INSURANCE COMPANY, Plaintiff, V. Im MOHANAD GABANI, FATIMA TAHIR and CITY OF IOWA CITY, IOWA, Defendants. PETITION FOR DECLARATORY JUDGMENT COMES NOW the Plaintiff, Progressive Universal Insurance Company, by and through its attorneys, Brooks Law Firm, P.C., and for its Petition for Declaratory Judgment, states as follows: At all times material hereto, Progressive Universal Insurance Company is a licensed insurance company organized and existing under the laws of the State of Wisconsin with authority to transact insurance business in the State of Iowa. 2. At all pertinent times hereto, Defendant Mohanad Gabani was a resident of Johnson County, Iowa. 3. At all times material hereto, Defendant Fatima Tahir was a resident of Johnson County, Iowa. 4. At all times material hereto, City of Iowa City, Iowa, is a municipal corporation located in Johnson County, Iowa. o n 5. On March 9, 2016, Progressive Universal Insurance Company issueomplicxof � I n-< o automobile insurance to Mohanad Gabani on a 2009 Toyota Corolla, VIN No. --tom :<rn -o ox E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 1 NXBU40EX9Z069151. See declarations page attached hereto as Exhibit 1 and insurance policy attached hereto as Exhibit 2. 6. On March 11, 2016, at 4:50 p.m., Mohanad Gabani removed the 2009 Toyota Corolla, VIN No. INXBU40EX9Z069151 from his insurance policy with Progressive Universal Insurance Company. See declarations page change, Exhibit 3. On March 21, 2016, at 1:17 p.m., Fatima Tahir was operating the 2009 Toyota Corolla, VIN No. INXBU40EX9Z069151, and was involved in an automobile accident with two employees from the City of Iowa City, Iowa, on Gilbert Street in Iowa City, Johnson County, Iowa. On March 21, 2016, at 2:45 p.m., Mohanad Gabani added the 2009 Toyota Corolla, VIN No. INXBU40EX9Z069151, back on his Progressive Universal Insurance policy. See declarations page attached hereto as Exhibit 4. 9. On or about March 20, 2018, City of Iowa City filed a lawsuit against Fatima Tahir, Mohanad Gabani and Progressive Casualty Insurance Company in Johnson County Case No. LACV079775, seeking damages for the injuries sustained by the City of Iowa City employees, Pat Bums and Mario Ortiz, arising out of the March 21, 2016, 1:17 p.m., motor vehicle accident. A copy of the lawsuit is attached hereto as Exhibit 5. 10. The Petition at Law filed by the City of Iowa City against Fatima Tahir and Mohanad Gabani seeks damages for the injuries and worker's compensation payments made to Pat Bums and Mario Ortiz arising out of the March 21, 2016, 1:17 p.m., motor vehicle accident. 11. At the time of the motor vehicle accident of March 21, 2016, the 2009 Toy(W CD Corolla being driven by Fatima Tahir was not an insured vehicle under the Progres tk;P UnAk."al-TJ co- w �- Insurance policy issued to Mohanad Gabani (Policy No. 9077 1 157 1) and had been speoifiMy = rn o M E7') ," 1- E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT removed from the policy as of March 11, 2016 at 4:50 p.m. Gabani attempted to add the 2009 Toyota Corolla, VIN No. 1 NXBU40EX9Z069151, back on his Progressive Universal Insurance policy approximately ninety (90) minutes after the March 21, 2016, 1:17 p.m., accident involving Fatima Tahir driving the 2009 Toyota Corolla, VIN No. INXBU40EX9Z069151. 12. The insurance policy with Progressive Universal Insurance Company provides as follows: INSURING AGREEMENT We will settle or defend, at our option, any claims for damages covered by this Part I. ADDITIONAL DEFINITION When used in this Part I: "Insured person" means: (a) you, a relative, or a rated resident with respect to an accident arising out of the ownership, maintenance or use of an auto or a trailer; (b) any person with respect to an accident arising out of that person's use of a covered auto with the permission of you, a relative, or a rated resident. Furthermore, the policy goes on to provide under EXCLUSIONS: Coverage under this Part I, including our duty to defend, will not apply to any insured person for: 12. bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle owned by you or furnished or available for your regular use, other than a covered auto for which this coverage has been purchased; 13. Based upon the language of the Progressive Universal Insurance policy, Progressive Universal Insurance Company would have no duty to defend or indemnify rgima o m Tahir for the accident of March 21, 2016, at 1:17 p.m., or the lawsuit, Johnson C� (%e No`. ij LACV079775, as said 2009 Toyota Corolla, VIN No. 1 NXBU40EX9Z0691 5 1, W"otW =gym -0 M covered auto and was not insured by Progressive Universal Insurance Company i time of E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT motor vehicle accident and had been specifically removed from the Progressive Universal Insurance policy as of March 11, 2016, at 4:50 p.m. 14. Progressive Universal Insurance Company would have no duty to defend or indemnity Mohanad Gabani, as owner of the 2009 Toyota Corolla, VIN No. INXBU40EX9Z069151, in Johnson County Case No. LACV079775, as said vehicle was not a covered auto and was not insured by Progressive Universal Insurance Company at the time of the motor vehicle accident, March 21, 2016, at 1: 17 p.m., and said vehicle would be excluded from coverage under said policy as said vehicle was either owned by Gabani or furnished or available for Gabani's regular use, but not insured at the time of the loss. 15. Progressive Universal Insurance Company is currently defending both Fatima Tahir and Mohanad Gabani under a reservation of rights in Johnson County Case No. LACV079775, until this insurance coverage situation is resolved through this court action. 16. By virtue of the foregoing factual allegations, no insurance coverage should exist under Progressive Universal Policy No. 90771 1571 for either Fatima Tahir or Mohanad Gabani for the motor vehicle accident of March 21, 2016, at 1:17 p.m., or for the damages sought in Johnson County Case No. LACV079775 by the City of Iowa City, Iowa. 17. An actual controversy exists between Plaintiff and Defendants and by the terms and provisions of Iowa law, this Court is vested with the power to declare the rights and liabilities of the parties hereto and give such further relief as may be necessary in the premises. WHEREFORE Plaintiff, Progressive Universal Insurance Company, prays this Court will declare the rights of the parties as follows: '` 01 'i`110 V i01 A. That the Court determine and adjudicate the right and liabilities hereto k8313 X1113 h't I k;d 0C AVW 81dith respect to the automobile liability insurance policy issued by Progressive (13114 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT Universal Insurance Company, Policy No. 907711571, regarding Mohanad Gabani, Fatima Tahir and the City of Iowa City, Iowa; B. That this Court determine that Plaintiff, Progressive Universal Insurance Company, affords no liability insurance coverage, or duty to defend or indemnity to the Defendants, Mohanad Gabani and Fatima Tahir, for any cause of action predicated upon the motor vehicle accident involving the 2009 Toyota Corolla, VIN No. INXBU40EX9Z069151, in Johnson County, Iowa, on March 21, 2016, at 1:17 p.m., including Johnson County Case No. LACV079775; C. That Defendant, City of Iowa City, Iowa, has no interest in the proceeds of the automobile liability insurance policy, No. 907711571, issued by Progressive Universal Insurance Company to Mohanad Gabani, either as a judgment creditor or potential judgment creditor of either Mohanad Gabani or Fatima Tahir in Johnson County Case No. LACV079775; and D. For such other further relief as the Court deems just and equitable. PROGRESSIVE UNIVERSAL INSURANCE COMPANY, Plaintiff /s/ Brian T. Fairfield BROOKS LAW FIRM, P.C. 3725 Blackhawk Road, Suite 200 Rock Island, IL 61201 Telephone: (309) 786-4900 Facsimile: (309) 786-4940 BTF0,brookslawfinnuc. com V;.',01 71110 MAOI Attorneys for Plaintiff 1413310:110 ih 1 l;d 0£ AN 618Z CJD-ll_1 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT PROGRESSIVE P.O. Box 31260 TAMPA, FL 33631 MOHANAD H SARANI 212 6TH ST AZ CCG1� L, W 52241 Auto Insurance Coverage Sumrliary This is your Declarations Page Your policy information has changed l'YlOORM7 r Pelky Nmn6err 907711371 Underwritten by: Rogrealva Universal Insurance Co March 9, 2016 Policy Period: Oct28, 2015. Apr 28, 2016 Page I of 2 progeaalve.cem Online serNn Hake paymams, Lick b1bg activity, update pct:S Ara;.:uoa c: 4cY.,atta of a rid.... 1.800.778.4737 For OnNmer service and daam service, 24 hours a day, 7 days a week. Your average began on October 28, 2015 at the later of 12:01 a.m. or rhe effective time shown on your applicadon. This policy period end. an April 28, 2016 at 12:01 a,m, `his average summary replaces you prior one. Your Insurance policy and any policy endorsements contain a full explanation of your ave,age. The policy limb shown for a vehicle may not be combined with the limits for the same coverage on arother vehide. The poliq artractis form 9611 D IA (10/14). The contractIs modified by form 4884 (10/08), Progressive universal Insurance Co Is a stodt company (NYSE: PC>!0. Policy changes eifed1w Mardi 9, 2016 ............................................................................................................................................................................ Changes requested am Mar 9, 2016 04:36 p m. .................................................................................................................................... ftequestt0 by: hraheed H Gabati........................................ M-- ............................................................................................................................................................................ Premiudanger f25.1 han�es: The I.009 TOYOTA COROLLA has been added. A Muht•Car dismurt has been added to your policy, Drivers and resident nlatives Addmcnd 64ammma ................................................................................................................................................... Mohanad H Gibanl Mamed insured Outline of coverage 1993 TOYOTA COROLLA STATION WAGON VIN: )T2A1!O%W 3P0019572 Garaging DP Code: 52241 Primary use of the vehide: Commute Number of years owreddeased when policy salted or vehicle added: < 1 year ................ .............................. ............................... limb 0111i Pwwm Jabl6ty To Others .............. I.....................................................................,..,...... $106 3od4 Injury Liability $20,000 earls persa440,000 each accident FY�paly tV lrl� h,l earl aOI— ... ...........................................51.000 1 'M'aIS1 ......................,0cocci» Rejected ...»»...... .............................. rr..r.rrr.r».r..,,,»r.».. Re — ......................=108 E :1llrt:W E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT Polielhimba: 907711571 MohwM H Gabary Paget of 2 2009 TOYOTA CGRGUA 4 0001111 SEDAN VIN: IXXBU406=0691SI Garaging AP Code: 52241 Primary use of the vehicle: commute Number of years ownedAeased when policy started or vehicle added: < I year Premium discounts ;Vucv 46iii'ii�i Company officers President ;iol 'XII3 vi"101 )MIJAIIJ ' IM - *I !rid OCAUSIOZ CI 3 1 Q 64991A WAS) ..-i�. .-, -----. . -i...... .-.,.---.-.. .., i...-. .-i. -.i.......... -6iresir�rP-Policy Peded 0nEIenMcFunds Transfer EM Gr.flne Quote. Muftf-car and Paperless Secretary U.Mrj waddle PMOA M,*%'Others .................. ........... ........................................................... . ..... V46 Bodily Irtay Uablilly 320.090 bmh perme440,000 each accidert Property Damage Liability 815,000 each acddefa j�liwi;;Tw — ... — ..... , ... * ........ * ...... . ........ ... W-- ... ** ................ ..... ........... . .... ...... UndeansuredM ..............* .... , ...... ........ III ... * .... W" * ........ * .... — .... * .... .... .... ** ........ ',--- -.,"..........................................................................................................................ifY;if �iwLm�oi 200ST6Y0TA is To416 month poilq premium................. , ........... ........ - .... ........ — ...... , ... , .... -- ... * ... ** . ....... $' '24" X-8-9, Premium discounts ;Vucv 46iii'ii�i Company officers President ;iol 'XII3 vi"101 )MIJAIIJ ' IM - *I !rid OCAUSIOZ CI 3 1 Q 64991A WAS) ..-i�. .-, -----. . -i...... .-.,.---.-.. .., i...-. .-i. -.i.......... -6iresir�rP-Policy Peded 0nEIenMcFunds Transfer EM Gr.flne Quote. Muftf-car and Paperless Secretary E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT IOWA AUTO POLICY Fw96llA*OrI14 . 10 U11A u 1014 1'11'11"11111 PROGRElf/I/E' AUTO <7 -C m EXHIBIT y' N 0 V' E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT INSURINGAGREEMENT................................................................................. 1 GENERAL DEFINITIONS................................................................................. 1 PART I—LIABILITY TO OTHERS InsuringAgreement.....................................................................................2 Additional Definition....................................................................................3 AdditionalPayments....................................................................................3 Exclusions................................................................................................... 3 Limits of Liability..........................................................................................5 Financial Responsibility Laws.....................................................................5 OtherInsurance..........................................................................................6 Out -of -State Coverage................................................................................6 Rightof Direct Action. ............................ ...................... .............................. 6 PART II—MEDICAL PAYMENTS COVERAGE InsuringAgreement.....................................................................................6 Additional Definitions...................................................................................7 Exclusions...................................................................................................7 Limitsof Liability ..........................................................................................8 Unreasonable or Unnecessary Medical Expenses.....................................9 OtherInsurance..........................................................................................9 PART 111—UNINSUREDIUNDERINSURED MOTORIST COVERAGE Insuring Agreement—Uninsured Motorist Coverage...................................9 Insuring Agreement—Underinsured Motorist Coverage ..............................9 Additional Definitions.................................................................................10 Exclusions.................................................................................................11 Limits of Liability ........................................................................................11 OtherInsurance........................................................................................13 PART IV—DAMAGE TO A VEHICLE Insuring Agreement—Collision Coverage.................................................13 Insuring Agreement—Comprehensive Coverage......................................13 Insuring Agreement—Additional Custom Parts or Equipment Coverage.............................................................................14 Insuring Agreement—Rental Reimbursement Coverage ...........................14 Insuring Agreement—Loan/Lease Payoff Coverage.................................15 Insuring Agreement—Pet Injury Coverage................................................15 c Additional Definitions.................................................................................46 m Exclusions.................................................................................................� a Limitsof Liability........................................................................................�J -c Paymentof Loss........................................................................................ ts-4 o r NoBenefit to Bailee.................................................................................. i9tn m a 0 y F r E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT Loss Payable Clause.................................................................................19 Other Sources of Recovery .......................................................................20 Appraisal...................................................................................................20 PART V—ROADSIDE ASSISTANCE COVERAGE Insuring Agreement...................................................................................20 Additional Definitions.................................................................................21 Exclusions.................................................................................................21 Unauthorized Service Provider..................................................................21 Other Insurance.......................................................................................22 PART VI—DUTIES IN CASE OF AN ACCIDENT OR LOSS ........................... 22 PART VII—GENERAL PROVISIONS Policy Period and Territory .................................. Changes............................................................. Duty to Report Changes .................................... Settlement of Claims .......................................... Terms of Policy Conformed to Statutes .............. Transfer of Interest .........................:................... Fraud or Misrepresentation ................................ Payment of Premium and Fees .......................... Cancellation....................................................... Cancellation Refund ........................................... Nonrenewal........................................................ Automatic Termination ........................................ Legal Action Against Us ...................................... ......................................22 ......................................23 ......................................23 ......................................24 .......................................24 ....................................... 24 .......................................25 .......................................25 ...................................... 26 Our Rights to Recover Payment ............................................ Joint and Individual Interests ................................................. Bankruptcy............................................................................ E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT IOWA AUTO POLICY In return for your payment of the premium, we agree to insure you subject to all the terms, conditions and limitations of this policy. We will insure you for the coverages and the limits of liability shown on this policy's declarations page. Your policy consists of the policy contract, your insurance application, the declarations page, and all en- dorsements to this policy. The following definitions apply throughout the policy. Defined terms are printed in bold - Fare type and have the same meaning whether in the singular, plural, or any other form. 1_ "Additional auto" means an auto you become the owner of during the policy pe- riod that does not permanently replace an auto shown on the declarations page if: a. we insure all other autos you own; b. the additional auto is not covered by any other insurance policy; c. you notify us within 30 days of becoming the owner of the additional auto; and d. you pay any additional premium due. An additional auto will have the broadest coverage we provide for any auto shown on the declarations page. If you ask us to insure an additional auto more than 30 days after you become the owner, any coverage we provide will begin at the time you request coverage. 2. "Auto" means a land motor vehicle: a. of the private passenger, pickup body, or cargo van type; b. designed for operation principally upon public roads; c. with at least four wheels; and d. with a gross vehicle weight rating of 12,000 pounds or less, according to the manufacturer's specifications. However, "auto" does riot induce step -vans, parcel delivery vans, or cargo cutaway vans or other vans with cabs separate from the cargo area. 3. "Auto business' means the business of selling, leasing, repairing, parking, storing, servicing, delivering or testing vehicles. 4. 'Bodily Injury" means bodily harm, sickness, or disease. including death that re- sufts from bodily harm, sickness, or disease. 5. "Covered auto" means: a. any auto or trailer shown on the declarations page for the coverages appli- cable to that auto or trailer; b. any additional auto; c. any replacement auto; or d a trailer owned by you. 6 "Declarations page" means the document showing your coverages, limits q! L ability, covered autos, premium, and other policy -related information. The ded n tions page may also be referred to as the Auto Insurance Coverage Sura ryy —4c") _<r— m E;= E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 7 "Occupying" means in, on, entering or exiting. 8. "Property damage' means physical damage to, destruction of, or loss of use of, tangible property. 9. "Rated resident" means a person residing in the same household as you at the time of the loss who is not a relative, but only If that person is both: a. listed in the "Drivers and household residents" section on the declarations page; and b. not designated as either an "Excluded" or a "List Only' driver. 10. "Relative" means a person residing in the same household as you, and related to you by blood, marriage or adoption, and includes a ward, stepchild, or foster child. Your unmarried dependent children temporarily away from home will qualify as a relative if they intend to continue to reside in your household. 11. "Replacement auto" means an auto that permanently replaces an auto shown on the declarations page. A replacement auto will have the same coverage as the auto it replaces if the replacement auto is not covered by any other insurance policy. However, if the auto being replaced had coverage under Part IV—Damage To A Vehicle, such coverage will appy to the replacement auto only during the first 30 days after you become the owner unless you notify us within that 30 -day period that you want us to extend coverage beyond the initial 30 days. If the auto being replaced did not have coverage under Part IV—Damage To A Vehicle, such cover- age may be added, but the replacement auto will have no coverage under Part IV until you notify us of the replacement auto and ask us to add the coverage. 12. 'Trailer' means a non -motorized trailer, including a farm wagon or farm implement, designed to be towed on public roads by an auto and not being used: a. for commercial purposes; b. as an office, store, or for display purposes; or c. as a passenger conveyance. 13. 'We,," "us" and "our' mean the underwriting company providing the insurance, as shown on the declarations page. 14. "You" and "your' mean: a. a person shown as a named insured on the declarations page; and b. the spouse of a named insured if residing in the same household at the time of the loss. PART 1 --LIABILITY TO OTHERS INSURING AGREEMENT If you pay the premium for this coverage, we will pay damages for bodily injury and property damage for which an insured person becomes legally responsible because No of an accident. r. m C'� =:n Damages include prejudgment interest awarded against an Insured person. : _t m lw— We will settle or defend, at our option, any claim for damages covered by this PaA o E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT ADDITIONAL DEFINITION When used in this Part I: "Insured person" means a. you, a relative, or a rated resident with respect to an accident arising out of the ownership, maintenance or use of an auto or a trailer; b. any person with respect to an accident arising out of that person's use of a covered auto with the permission of you, a relative, or a rated resident; c. any person or organization with respect only to vicarious liability for the acts or omissions of a person described in a. or b. above; and d. any Additional Interest" shown on the declarations page with respect only to its liability for the acts or omissions of a person described in a. or b. above. ADDITIONAL PAYMENTS In addition to our limit of liability, we will pay for an Insured person: 1. all expenses we incur in the settlement of any claim or defense of any lawsuit; 2. interest accruing after entry of judgment, until we have paid, offered to pay, or de- posited in court, that portion of the judgment which does not exceed our limit of liability This does not apply 4 we have not been given notice of suit or the opportu- nity to defend an Insured person; 3. the premium on any appeal bond or attachment bond required in any lawsuit we defend. We have no duty to purchase a bond in an amount exceeding our limit of liability and we have no duty to apply for or furnish these bonds; 4. up to $250 for a bail bond required because of an accident resulting in bodily in- jury or property damage covered under this Part I. We have no duty to appy for or furnish this bond; and 5. reasonable expenses, including loss of eamings up to $200 per day, incurred at our request. EXCLUSIONS—READTHE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EX- CLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART I. Coverage under this Part I, including our duty to defend, will not apply to any insured person for: 1. bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle or trailer while being used a. to carry persons or property for compensation or a fee; or b. for retail or wholesale delivery, including, but not limited to, the pickup, transport or delivery of magazines, newspapers, mail or food. This exclusion does not apply to shared -expense car pods; 2. any liability assumed under any contract or agreement by you, a relative, or a o rated resident; 3. bodily Injury to an employee of that Insured person arising out of or within — course of employment. This exclusion does not appy to domestic employees] -1::j -4 benefits are neither paid nor required to be provided under workers' compensatign < f > r disability benefits, or similar laws; n ca fir— rwi -fl 3 C.rl 4. 6. 7 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT bodily injury or property damage arising out of an accident involving any vehicle while being maintained or used by a person while employed or engaged in any auto business. This exclusion does not apply to you, a relative, a rated resident, or an agent or employee of you, a relative, or a rated resident, when using a covered auto: bodily Injury or property damage resulting from, or sustained during practice or preparation for; a. any pre -arranged or organized racing, stunting, speed or demolition contest or activity; or b. any driving activity conducted on a permanent or temporary racetrack or race- course; bodily injury or property damage due to a nuclear reaction or radiation; bodily injury or property damage for which insurance: a. is afforded under a nuclear energy liability insurance contract: or b. would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability; any obligation for which the United States Government is liable under the Federal Tort Claims Act; bodily injury or property damage caused by an intentional act of that insured person, or at the direction of that Insured person, even if the actual injury or dam- age is different than that which was intended or expected; property damage to any property owned by, rented to, being transported by, used by, or in the charge of that insured person. This exclusion does not apply to a rented residence or a rented garage; bodily Injury to you or a relative: bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle owned by you or furnished or available for your regular use, other than a covered auto for which this coverage has been purchased; bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle owned by a relative or a rated resident or furnished or available for the regular use of a relative or a rated resident, other than a covered auto for which this coverage has been purchased. This exclusion does not apply to your maintenance or use of such vehicle; bodily injury or property damage arising out of your, a relative's, or a rated resident's use of a vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle: bodily injury or property damage arising out of the use of a covered auto while leased or rented to others or given in exchange for any compensation. This exclu- sion does not apply to the operation of a covered auto by you. a relative, or a rated resident; punitive or exemplary damages; or bodily injury or property damage caused by, or reasonably expected to result from, a criminal act or omission of that Insured person. This exclusion applies regardless of whether that insured person is actually charged with, or convict n of, a crime. For purposes of this exclusion, criminal acts or omissions do not indu&Z::; traffic violations. c7 -< =t c-) a<m o� .�x 1' r Qww� '] E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT LIMITS OF LIABILITY The limit of liability shown on the declarations page for liability coverage is the most we will pay regardless of the number of: 1. claims made; 2. covered autos; 3. insured persons; 4. lawsuits brought; 5. vehicles involved in the accident; or 6. premiums paid. If your declarations page shows a split limit: 1. the amount shown for "each person' is the most we will pay for all damages due to bodily injury to one person resulting from any one accident; 2. subject to the "each person" limit, the amount shown for "each accident' is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident; and 3. the amount shown for "property damage" is the most we will pay for the total of all property damage resulting from any one accident. The "each person' limit of liability applies to the total of all claims made for bodily Injury to a person and all claims of others derived from such bodily Injury, including, but not limited to, loss of society, loss of companionship, loss of services, loss of consortium, and wrongful death. If the declarations page shows that "combined single limit' or "CSL" applies, the amount shown is the most we will pay for the total of all damages resulting from any one accident. However, without changing this limit of liability, we will comply with any law that requires us to provide any separate limits. No one is entitled to duplicate payments for the same elements of damages. Any payment to a person under this Part I will be reduced by any payment to that person under Part III--Uninsured/Underinsured Motorist Coverage. We will not pay under this Part I any expenses paid or payable under Part II—Medical Payments Coverage. If multiple auto policies issued by us are in effect for you, we will pay no more than the highest limit of liability for this coverage available under any one policy. An auto and attached trailer are considered one auto. Therefore, the limits of liability will not be increased for an accident involving an auto that has an attached trailer. o_ FINANCIAL RESPONSIBILITY LAWS O m !j < When we certify this policy as proof of financial responsibility, this policy will comply o the law to the extent required. The insured person must reimburse us if wm e a� 5 :ern ri-- G �u Vi E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT payment that we would not have made if this policy was not certified as proof of financial responsibility. OTHER INSURANCE If there is any other applicable liability insurance or bond, we will pay only our share of the damages. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle or trailer, other than a covered auto, will be excess over any other collectible insurance, self-insurance. or bond. OUT-OF-STATE COVERAGE If an accident to which this Part I applies occurs in any state, territory or possession of the United States of America or any province or territory of Canada, other than the one in which a covered auto is principally garaged, and the state, province, territory or pos- session has: 1. a financial responsibility or similar law requiring limits of liability for bodily injury or property damage higher than the limits shown on the declarations page, this policy will provide the higher limits; or 2. a compulsory insurance or similar law requiring a non-resident to maintain insur- ance whenever the non-resident uses an auto in that state, province, territory or possession, this policy will provide the greater of: a. the required minimum amounts and types of coverage; or b. the limits of liability under this policy. RIGHT OF DIRECT ACTION If execution of a judgment against an Insured person is returned unsatisfied, any per- son entitled to payment of damages covered by this Part I may, within the time limit specified by Iowa Code Section 516.3, as amended, maintain an action against us for the amount of the judgment that does not exceed our limits of liability under this Part I. Ill'r11�2d�► INSURING AGREEMENT If you pay the premium for this coverage, we will pay the reasonable expenses incurred for necessary medical services received within three years from the date of a motor vehicle accident because of bodily injury: 1. sustained by an Insured person; and 2. caused by that motor vehicle accident. N o We, or someone on our behalf, will determine: m 1. whether the expenses for medical services are reasonable; and n —e' 2. whether the medical services are necessary. p 677 o� f cn E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT ADDITIONAL DEFINITIONS When used in this Part II 1. "Insured person" means a. you, a relative, or a rated resident: (i) while occupying an auto; or (ii) when struck by a motor vehicle or a trailer while not occupying a self- propelled motorized vehicle; and b. any other person while occupying a covered auto with the permission of you, a relative, or a rated resident. 2. "Medical services" means medical, surgical, dental, x-ray, ambulance, hospital, professional nursing, and funeral services, and incudes the cost of eyeglasses, hearing aids, pharmaceuticals, orthopedics, and prosthetic devices. 3. "Motor vehicle" means a land motor vehicle designed for use principally on public roads. EXCLUSIONS—READTHE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EX- CLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART II. Coverage under this Part II will not appy to bodily injury: 1. sustained by any person while occupying a covered auto while it is being used: a. to carry persons or property for compensation or a fee; or b. for retail or wholesale delivery, including, but not limited to, the pickup, transport or delivery of magazines, newspapers, mail or food. This exclusion does not appy to shared -expense car pools; 2. arising out of an accident involving a vehicle while being maintained or used by a person while employed or engaged in any auto business. This exclusion does not appy to you, a relative, a rated resident, or an agent or employee of you, a rela- tive, or a rated resident, when using a covered auto; 3. to any penton resulting from, or sustained during practice or preparation for: a. any pre -arranged or organized racing, stunting, speed or demolition contest or activity; or b. any driving activity conducted on a permanent or temporary racetrack or race- course; 4. due to a nuclear reaction or radiation; 5. for which insurance: a. is afforded under a nuclear energy liability insurance contract; or b. would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability; 6. for which the United States Government is liable under the Federal Ton Claims Act; 7 sustained by any person while occupying any vehicle or trailer while located for use as a residence or premises; 8. if workerscompensation benefits are available for the bodity injury; 9. sustained by any person while occupying or when struck by any vehicle owned by you or furnished or available for your regular use, other than a covered a4it% which this coverage has been purchased; D 7 n� �n �r— rn or 0 m = C3 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 10. sustained by any person while occupying or when struck by any vehicle owned by a relative or a rated resident or furnished or available for the regular use of a relative or a rated resident, other than a covered auto for which this coverage has been purchased. This exclusion does not apply to you; 11. to you, a relative, or a rated resident, while occupying any vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle; 12. to any person while occupying a covered auto while leased or rented to others or given in exchange for any compensation. This exclusion does not apply to the operation of a covered auto by you, a relative, or a retied resident; 13. caused directly or indirectly by: a. war (declared or undeclared) or civil war; b. warlike action by any military force of any government, sovereign or other au- thority using military personnel or agents. This includes any action taken to hinder or defend against an actual or expected attack; or c. insurrection, rebellion, revolution, usurped power, or any action taken by a gov- emmental authority to hinder or defend against any of these ads; 14. caused direly or indirectly by: a. any accidental or intentional discharge, dispersal or release of radioactive, nuclear, pathogenic or poisonous biological material; or b. any intentional discharge, dispersal or release of chemical or hazardous mate- rial for any purpose other than its safe and useful purpose; or 15. caused by, or reasonably expected to result from, a criminal act or omission of an Insured person. This exclusion applies regardless of whether the insured person is actually charged with, or convicted of, a crime. For purposes of this exclusion, criminal acts or omissions do not include traffic violations. LIMITS OF UABIUTY The limit of liability shown on the declarations page for Medical Payments Coverage is the most we will pay for each Insured person injured in any one accident, regardless of the number of: 1. claims made; 2. covered autos; 3. insured pentons; 4. lawsuits brought; 5. vehicles involved in the accident; or & premiums paid. No one will be entitled to duplicate payments under this policy for the same elements of damages. o Any amount payable to an insured person under this Part II will be reduced by any n a amount paid or payable for the same expense under Part 1 - Liability To Others or Pie —+ � III—Uninsured/Underinsured Motorist Coverage. n wo 8 �m - ui E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT If multiple auto policies issued by us are in effect for you, we will pay no more than the highest limit of liability for this coverage available under any one policy. UNREASONABLE OR UNNECESSARY MEDICAL EXPENSES If an insured person incurs expenses for medical services that we deem to be unrea- sonable or unnecessary, we may refuse to pay for those expenses and contest them. If the medical service provider sues the insured person because we refuse to pay expenses for medical services that we deem to be unreasonable or unnecessary, we Will pay any resulting defense costs, and any resulting judgment against the insured person, subject to the limit of liability for this coverage. We will choose the counsel. We will also pay reasonable expenses, including loss of earnings up to $200 per day. incurred at our request. The insured person may not sue us for expenses for medical services we deem to be unreasonable or unnecessary unless the insured person paid the entire disputed amount to the medical service provider or the medical service provider has initiated collection activity against the insured person for the unreasonable or unnecessary expenses. OTHER INSURANCE If there is other applicable auto medical payments insurance, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for an insured person occupy. ing a vehicle or trailer, other than a covered auto, will be excess over any other auto insurance providing payments for medical services. PART III—UNINSUREDIUNDERINSURED MOTORIST COVERAGE INSURING AGREEMENT—UNINSURED MOTORIST COVERAGE It you pay the premium for this coverage, we will pay for damages that an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury: 1. sustained by an insured person; 2. caused by an accident; and 3, arising out of the ownership, maintenance or use of an uninsured motor vehicle. INSURING AGREEMENT—UNDERINSURED MOTORIST COVERAGE If you pay the premium for this coverage, we will pay for damages that an insured per- son is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of bodity injury: o 1. sustained by an insured person; m 2. caused by an accident; and n —n D� 9 n� o =1c� ._r- m v O_ = j.. a .. fn E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 3. arising out of the ownership, maintenance, or use of an underinsured motor ve- hicle. Any judgment or settlement for damages against an owner or operator of an uninsured motor vehicle or an underinsured motor vehicle that arises out of a lawsuit brought without our written consent is not binding on us. ADDITIONAL DEFINITIONS When used in this Part III: 1. "Insured person" means: a. you, a relative, or a rated resident: b. any person while operating a covered auto with the permission of you, a rela- tive, or a rated resident; c. any person occupying, but not operating, a covered auto; and d. any person who is entitled to recover damages covered by this Part III because of bodily injury sustained by a person described in a., b. or c. above. 2. "Underinsured motor vehicle" means a land motor vehicle or trailer of any type to which a bodily injury liability bond or policy applies at the time of the accident. but the sum of the limits of liability for bodily Injury under all applicable policies or bonds: 3. a. is less than the coverage limit for Underinsured Motorist Coverage shown on the declarations page; or b. has been reduced by payments for bodily Injury to persons injured in the accident, other than an insured person, to less than the coverage limit for Underinsured Motorist Coverage shown on the declarations page. An "underinsured motor vehicle" does not include any vehicle or equipment: a. owned by you, a relative, or a rated resident or furnished or available for the regular use of you, a relative, or a rated resident; b. owned by any governmental unit or agency; c. operated on rails or crawler treads; d. designed mainly for use off public roads, while not on public roads; e. while located for use as a residence or premises; f. that is a covered auto; or g. that is an uninsured motor vehicle. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type: a. to which no bodily injury liability bond or policy applies at the time of the ac- cident; b. to which a bodily injury liability bond or policy applies at the time of the acci- dent, but the bonding or insuring company: (i) denies coverage; or (ii) is or becomes insolvent; c. to which a bodily injury liability bond or policy applies at the time of the ac- cident, but its limit of liability for bodily injury is less than the minimum limit 41 liability for bodily injury specified by the financial responsibility law of the stJ n in which the covered auto is principally garaged; or > 10 n-< =qn �r- m o�o FE= v E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT d. that is a hit-and-run vehicle whose owner or operator cannot be identified and which strikes: (i) you, a relative, or a rated resident; (ii) a vehicle that you, a relative, or a rated resident are occupying; or (iii) a covered auto; provided that the insured person, or someone on his or her behalf, reports the accident to the police or civil authority within 24 hours or as soon as prac- ticable after the accident. An "uninsured motor vehicle" does not include any vehicle or equipment: a. owned or operated by a self -insurer under any applicable motor vehicle law, except a self -insurer that is or becomes insolvent; b. owned by any governmental unit or agency; c. operated on rails or crawler treads; d. designed mainly for use off public roads, while not on public roads; e. while located for use as a residence or premises; or I. that is an underinsured motor vehicle. EXCLUSIONS—READTHE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EX- CLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART III. Coverage under this Part III will not apply: 1. to bodily injury sustained by any person while using or occupying: a. a covered auto while being used: (i) to carry persons or property for compensation or a fee; or (ii) for retail or wholesale delivery, including, but not limited to, the pickup, transport or delivery of magazines, newspapers, mail or food. This exclusion does not apply to shared -expense car pods; or b. a motor vehicle that is owned by or available for the regular use of you, a rela- tive, or a rated resident. This exclusion does not apply to a covered auto that is insured under this Part III; 2. to bodily injury sustained by you, a relative, or a rated resident white using any vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle; 3. directly or indirectly to benefit any insurer or self -insurer under any of the following or similar laws: a. workers compensation law, or b. disability benefits law, 4. to any punitive or exemplary damages: or 5. to bodily injury sustained by any person if that person or the legal representative of that person seftles without our written consent. LIMITS OF LIABILITY The limit of liability shown on the declarations page for Uninsured/Underinsured Motorist Coverage is the most we will pay regardless of the number of: o co 1.claims made; n 31 2. covered autos; 3>'=t –4 --- C-) o 1t { �mn rn o cn E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 3. Insured persons; 4. lawsuits brought; 5. vehicles involved in the accident; or 6. premiums paid. If your declarations page shows a split limit: 1. the amount shown for "each persod' is the most we will pay for all damages due to bodily injury to one person; and 2. subject to the "each person" limit, the amount shown for "each accident" is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident. The "each person" limit of liability includes the total of all claims made for bodily injury to an insured person and all claims of others derived from such bodily injury, includ- ing, but not limited to, loss of society, loss of companionship, loss of services, loss of consortium, and wrongful death. If the declarations page shows that "combined single limit" or "CSL" applies, the amount shown is the most we will pay for the total of all damages resulting from any one accident. However, without changing this total limit of liability. we will comply with any law that requires us to provide any separate limits. The limits of liability for Uninsured Motorist Coverage under this Part III will be reduced by all sums: 1. paid because of bodily injury by or on behalf of any persons or organizations that may be legally responsible; 2. paid under Part I—Ljability To Others; 3. paid or payable because of bodily Injury under any disability benefits coverage or policy; and 4. paid or payable because of bodily Injury under any of the following or similar laws: a. workers' compensation law, or b. disability benefits law. Any amount payable for damages under Underinsured Motorist Coverage shall be re- duced by all sums: 1. paid because of bodily injury by or on behalf of any persons or organizations that may be legally responsible; 2. paid under Part I—Liability To Others; 3. paid or payable because of bodily injury under any disability benefits coverage or policy; and 4. paid or payable because of bodily injury under any of the following or similar laws: o a. workers' compensation law; or m b. disability benefits law. However, if an insured person enters into a settlement agreement for an amounYTei—w than the sum of the limits of liability under all applicable bodily injury liability bondatir- o policies, our limit of liability for Underinsured Motorist Coverage shall not exceed -o 12 �r E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT difference between the damages sustained by the insured person and the sum of the applicable bodily Injury liability limits. We will not pay under this Part III any expenses paid or payable under Part II—Medical Payments Coverage. No one will be entitled to duplicate payments for the same elements of damages. If multiple auto policies issued by us are in effect for you, we will pay no more than the highest limit of liability for this coverage available under any one policy. OTHER INSURANCE If there is other applicable uninsured or underinsured motorist coverage, the amount of damages which an insured person is entitled to recover shall not exceed the highest limit for uninsured motorist coverage or underinsured motorist coverage provided under any one of the applicable policies. We will pay only our share of the damages. Our share is the proportion that our limit of liability bears to the total of all available coverage limits. However, any insurance we provide with respect to a vehicle that is not a covered auto will be excess over any other uninsured or underinsured motorist coverage. PART IV—DAMAGE TO A VEHICLE INSURING AGREEMENT --COLLISION COVERAGE If you pay the premium for this coverage, we will pay for sudden, direct and accidental loss to a: 1. covered auto, including an attached trailer; or 2. non -owned auto; and its custom parts or equipment, resumng from collision. In addition, we will pay the reasonable cost to replace any child safety seat damaged in an accident to which this coverage applies. INSURING AGREEMENT—COMPREHENSIVE COVERAGE If you pay the premium for this coverage, we will pay for sudden, direct and accidental loss to a: 1. covered auto, including an attached trailer; or 2. non -owned auto; and its custom parts or equipment, that is not caused by collision. A loss not caused by collision includes: 1. contact with an animal (including a bird); 2. explosion or earthquake; 3. fire; 13 0 C� m` n _. -{ n O __ , 7D Z E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 4. malicious mischief or vandalism; 5. missiles or falling objects; 6. riot or civil commotion; 7. theft or larceny; 8. windstorm, hail, water or flood; or 9. breakage of glass not caused by collision In addition, we will pay for: 1. reasonable transportation expenses incurred by you if a covered auto is stolen; and 2. loss of use damages that you are legally liable to pay if a non -owned auto is stolen. A combined maximum of $900, not exceeding $30 per day, will appy to these addi- tional benefits. The additional benefit for transportation expenses will not appy if you purchased Rental Reimbursement Coverage for the stolen covered auto. Coverage for transportation expenses and loss of use damages begins 48 hours after you report the that to us and ends the earliest of: 1. when the auto has been recovered and returned to you or its owner; 2. when the auto has been recovered and repaired: 3. when the auto has been replaced; or 4. 72 hours after we make an offer to settle the loss if the auto is deemed by us to be a total loss. We must receive written proof of transportation expenses and loss of use damages. INSURING AGREEMENT—ADDITIONAL CUSTOM PARTS OR EOUIPMENT COVERAGE We will pay for sudden, direct and accidental loss to custom parts or equipment on a covered auto for which this coverage has been purchased. This coverage applies only it you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages. This coverage applies in addition to any coverage automatically provided for custom parts or equip- ment under Comprehensive Coverage or Collision Coverage. INSURING AGREEMENT—RENTAL REIMBURSEMENT COVERAGE We will reimburse rental charges incurred when you rent an auto from a rental agency or auto repair shop due to a loss to a covered auto for which Rental Reimbursement Coverage has been purchased. This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages. Additional fees or charges for insurance, damage waivers, optional equipment, fuel, or accessories are not covered. o This coverage is limited to the each day limit shown on the declarations page for a m maximum of 30 days. —t o to .=-tc� rrn _a �n E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT If Rental Reimbursement Coverage applies, no other coverage under this policy for rental expenses will apply. Rental charges will be reimbursed beginning: 1. when the covered auto cannot be driven due to a loss; or 2. if the covered auto can be driven, when you deliver the covered auto to an auto repair shop or one of our Service Centers for repairs due to the loss; and ending the earliest of: 1. when the covered auto has been returned to you; 2. when the covered auto has been repaired; 3. when the covered auto has been replaced; 4. 72 hours after we make an offer to settle the loss if the covered auto is deemed by us to be a total loss; or 5. when you incur 30 days worth of rental charges. You must provide us written proof of your rental charges to be reimbursed. INSURING AGREEMENT—LOAWLEASE PAYOFF COVERAGE If you pay the premium for this coverage, and the covered auto for which this cover- age was purchased is deemed by us to be a total loss, we will pay, in addition to any amounts otherwise payable under this Part IV, the difference between: 1. the actual cash value of the covered auto at the time of the total loss; and 2. any greater amount the owner of the covered auto is legally obligated to pay under a written loan or lease agreement to which the covered auto is subject at the time of the total loss, reduced by: a. unpaid finance charges or refunds due to the owner for such charges: b. excess mileage charges or charges for wear and tear; c. charges for extended warranties or refunds due to the owner for extended war- ranties; d. charges for credit insurance or refunds due to the owner for credit insurance; e. past due payments and charges for past due payments: and f. collection or repossession expenses. However, our payment under this coverage shall not exceed the limit of liability shown on the declarations page. The limit of liability is a percentage of the actual cash value of the covered auto at the time of the loss. This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages. INSURING AGREEMENT—PET INJURY COVERAGE No If you have purchased Collision coverage for at least one covered auto under you!2 m m I policy, and it your pet sustains injury or death while inside a covered auto or rt nZq 4 _ n -<o 15 �n E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT owned auto at the time of a loss covered under Collision or Comprehensive coverage, we will provide: 1. up to $1,000 for reasonable and customary veterinary fees incurred by you, a rela- tive, or a rated resident if your pet is injured in, or as a direct result of, the covered loss; or 2. a $1,000 death benefit if your pet dies in, or as a direct result of, the covered loss, less any payment we made toward veterinary expenses for your pet. In the event of a covered loss due to the theft of a covered auto or non -owned auto, we will provide the death benefit provided your pet is inside that auto at the time of the theft and your pet is not recovered. ADDITIONAL DEFINITIONS When used in this Part IV: 1. "Collision" means the upset of a vehicle or its impact with another vehicle or object. 2. "Custom parts or equipment" means equipment, devices, accessories, en- hancements and charges, other than those that are offered by the manufacturer specifically for that auto model, or that are installed by the auto dealership as part of the original sale of a new auto, that: a. are permanently installed or attached; and b. alter the appearance or performance of the auto. 3. "Mechanical parts" means operational parts on a vehicle that wear out over time or have a finite useful life or duration typically shorter than the life of the vehicle as a whole. Mechanical parts do not include external crash parts, wheels, paint, or windshields and other glass. 4. "Non -owned auto" means an auto that is not owned by or furnished or available for the regular use of you, a relative, or a rated resident while in the custody of or being operated by you, a relative, or a rated resident with the permission of the owner of the auto or the person in lawful possession of the auto. 5. "Your pet" means any dog or cat owned by you, a relative. or a rated resident. EXCLUSIONS—READTHE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EX- CLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDER THIS PART IV. Coverage under this Part IV will not apply for loss: 1. to any vehicle while being used: a. to carry persons or property for compensation or a fee; or b. for retail or wholesale delivery, including, but not limited to, the pickup, transport or delivery of magazines, newspapers, mail or food. This exclusion does not apply to shared -expense car pools; 2. to a non -owned auto while being maintained or used by a person while employed or engaged in any auto business; 3. to any vehicle resulting from, or sustained during practice or preparation for: a. any pre -arranged or organized racing, stunting, speed or demolition contest or activity, or b. any driving activity conducted on a permanent or temporary racetrack or race- course; 16 Z� c� -C �n _m (_J 73 ..-rn E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 4. to any vehicle for which insurance: a. is afforded under a nuclear energy liability insurance contract; or b. would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability; 5. to any vehicle caused by an intentional act committed by or at the direction of you, a relative, a rated resident, or the owner of a non -owned auto, even if the actual damage is different than that which was intended or expected; 6. to a covered auto while it is leased or rented to others or given in exchange for compensation. This exclusion does not apply to the operation of a covered auto by you, a relative, or a rated resident; 7. due to destruction or confiscation by governmental or civil authorities of any vehicle because you, any relative, or any rated resident engaged in illegal activities; B. to any vehicle that is due and confined to: a. wear and tear; b. freezing; c. mechanical, electrical or electronic breakdown or failure; or d. road damage to tires. This exclusion does not appy if the damage results from the theft of a vehicle; 9. to portable equipment, devices, accessories, and any other personal effects that are not permanently installed. This includes, but is not limited to: a. tapes, compact discs, cassettes, DVDs, and other recording or recorded media; b. any case or other container designed for use in storing or carrying tapes, com- pact discs, cassettes, DVDs, or other recording or recorded media; c. any device used for the detection or location of radar, laser, or other speed measuring equipment or its transmissions; and d. CB radios, telephones, two-way mobile radios, DVD players, personal comput- ers, personal digital assistants, or televisions; 10. to any vehicle for diminution of value; 11. to any vehicle caused directly or indirectly by: a. war (declared or undeclared) or civil war; b. warlike action by any military force of any government, sovereign, or other authority using military personnel or agents. This includes any action taken to hinder or defend against an actual or expected attack; or c. insurrection, rebellion, revolution, usurped power, or any action taken by a gov- ernmental authority to hinder or defend against any of these acts; 12. to any vehicle caused directly or indirectly by: a. any accidental or intentional discharge, dispersal or release of radioactive, nuclear, pathogenic or poisonous biological material; or b. any intentional discharge, dispersal or release of chemical or hazardous mate- rial for any purpose other than its safe and useful purpose; or 13. to any vehicle caused by, or reasonably expected to result from, a criminal act or omission of you, a relative, a rated resident, or the owner of a non -owned auto. This exclusion applies regardless of whether you, the relative, the rated resident, or the owner of the non -owned auto is actually charged with, or convicted of„a trine. For purposes of this exclusion, criminal ads or omissions do not include tqri� n fic violations. > M 17 S2 -i C7 _ff'1 C7 � -O M E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT LIMITS OF LIABILITY 1. The limit of liability for loss to a covered auto, non -owned auto, or custom parts or equipment is the lowest of: a. the actual cash value of the stolen or damaged property at the time of the loss reduced by the applicable deductible; b. the amount necessary to replace the stolen or damaged property reduced by the applicable deductible; c. the amount necessary to repair the damaged property to its pre -loss condition reduced by the applicable deductible; or d. the Stated Amount shown on the declarations page for that covered auto. However, the most we will pay for loss to: a. custom parts or equipment is $1,000 unless you purchased Additional Custom Parts or Equipment Coverage (ACPE"), If you purchased ACPE, the most we will pay is $1,000 plus the amount of ACPE you purchased. b. a trailer is the limit of liability shown on the declarations page for that trailer. If the trailer is not shown on the declarations page, the limit of liability is $500. 2. Payments for loss to a covered auto, non -owned auto, or custom parts or equipment are subject to the following provisions: a. If coverage applies to a non -owned auto, we will provide the broadest cover- age applicable to any covered auto shown on the declarations page. b. If you have elected a Stated Amount for a covered auto, the Stated Amount is the most we will pay for all loss to that covered auto, including its custom parts or equipment. c. Coverage for custom parts or equipment will not cause our limit of liability for loss to an auto under this Part IV to be increased to an amount in excess of the actual cash value of the auto, including its custom parts or equipment. d. In determining the amount necessary to repair damaged property to its pre - loss condition, the amount to be paid by us: (i) will not exceed the prevailing competitive labor rates charged in the area where the property is to be repaired and the cost of repair or replacement parts and equipment, as reasonably determined by us; and (ii) will be based on the cost of repair or replacement parts and equipment which may be new, reconditioned, remanufactured or used, including, but not limited to: (a) original manufacturer parts or equipment; and (b) nonoriginal manufacturer parts or equipment. e. To determine the amount necessary to repair or replace the damaged prop- erty as referred to in subsection 1., the total cost of necessary repair or replace- ment may be reduced by unrepaired prior damage. Unrepaired prior damage includes broken, cracked or missing parts; rust; dents; scrapes; gouges; and peeling paint. The reduction for unrepaired prior damage is the cost of labor, parts and materials necessary to repair or replace damage, deterioration, de- fects, or wear and tear on exterior body parts, windshields and other glass,. wheels, and paint, that existed prior to the accident and that is eliminated as a-' result of the repair or replacement of property damaged in the loss. 18 n-< --I n r - m op r� H 0 m O CD M E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT f. To determine the amount necessary to repair or replace the damaged prop- erty as referred to in subsection 1., an adjustment may be made for befterment or depreciation and physical condition on: (i) batteries; (ii) Gres; (iii) engines and transmissions, if the engine has greater than 80,000 miles; and (iv) any other mechanical parts that are nonfunctioning or inoperative. We will not make an adjustment for the labor costs associated with the re- placement or repair of these parts. g. The actual cash value is determined by the market value, age, and condition of the vehicle at the time the loss occurs. 3. No deductible will apply to a loss to window glass when the glass is repaired in- stead of replaced. 4. Duplicate recovery for the same elements of damages is not permitted. 5. The following additional limits of liability appy to Pet Injury coverage: a. The most we will pay for all damages in any one loss is a total of $1,000 re- gardless of the number of dogs or cats involved. b. it your pet dies in, or as a direct result of, a covered loss, we will provide a death benefit of $1,000, less any payment we made toward veterinary ex- penses for your x- pensesforyour pet. c. No deductible shall appy to this coverage. PAYMENT OF LOSS We may, at our option: 1. pay for the loss in money; or 2. repair or replace the damaged or stolen property. At our expense, we may return any recovered stolen property to you or to the address shown on the declarations page, with payment for any damage resulting from the theft. We may keep all or part of the property at the agreed or appraised value. We may settle any loss with you or the owner or lienholder of the property. NO BENEFITTO BAILEE Coverage under this Part IV will not directly or indirectly benefit any carrier or other bailee for hire. LOSS PAYABLE CLAUSE Payment under this Part IV for a loss to a covered auto will be made according to your interest and the interest of any lienholder shown on the declarations page or m designated by you. At our option; payment may be made to both jointly, or to eithQ m separately. However, if the covered auto is not a total loss, we may make payment tol you and the repairer of the auto. o t9-G� v CD rn E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT The lienholder's interest will not be protected: 1. where fraud, misrepresentation, material omission, or intentional damage resulting in a denial of coverage by us has been committed by or at the direction of you or any person seeking coverage; or 2. where the loss is otherwise not covered under the terms of this policy. If this policy is cancelled, nonrenewed or voided, the interest of any Iienholder under this agreement will also terminate. OTHER SOURCES OF RECOVERY If other sources of recovery also cover the loss, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a non -owned auto, or trailer not shown on the declarations page, will be excess over any other collectible source of recovery including, but not limited to: 1. any coverage provided by the owner of the non -owned auto or trailer; 2. any other applicable physical damage insurance; and 3. any other source of recovery applicable to the loss. APPRAISAL If we cannot agree with you on the amount of a loss, then we or you may demand an appraisal of the loss. Within 30 days of any demand for an appraisal, each party shall appoint a competent appraiser and shall notify the other party of that appraiser's identity The appraisers will determine the amount of loss. If they fail to agree, the dis- agreement will be submitted to a qualified umpire chosen by the appraisers. It the two appraisers are unable to agree upon an umpire within 15 days, we or you may request that a judge of a court of record, in the county where you reside, select an umpire. The appraisers and umpire will determine the amount of loss. The amount of loss agreed to by both appraisers, or by one appraiser and the umpire, will be binding. You will pay your appraiser's fees and expenses. We will pay our appraisers fees and expenses. All other expenses of the appraisal, including payment of the umpire if one is selected, will be shared equally between us and you. Neither we nor you waive any rights under this policy by agreeing to an appraisal. PART V—ROADSIDE ASSISTANCE COVERAGE INSURING AGREEMENT If you pay the premium for this coverage, via will pay for our authorized service represen- tative to provide the following services when necessary due to a covered emergency: 1. towing of a covered disabled auto to the nearest qualified repair facility; and 2. labor on a covered disabled auto at the place of disablement. If a covered disabled auto is towed to any place other than the nearest qualified repair- N m facility you will be responsible for any additional charges incurred. c n m 20 � CD =t M <� _o E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT ADDITIONAL DEFINITIONS When used in this Part V: 1. "Covered disabled auto" means a covered auto for which this coverage has been purchased that sustains a covered emergency. 2. "Covered emergency" means a disablement that is a result of: a. mechanical or electrical breakdown; b. battery failure; c. insufficient supply of fuel, oil, water, or other fluid; d. flat fire; e. lock -out; or I. entrapment in snow, mud, water or sand within 100 feet of a road or highway. EXCLUSIONS—READ THE FOLLOWING EXCLUSIONS CAREFULLY. IF AN EX- CLUSION APPLIES, COVERAGE WILL NOT BE AFFORDED UNDERTHIS PART V. Coverage under this Part V will not apply to 1. more than three covered emergencies for any single covered auto in a six-month period; 2. the cost of purchasing parts, fluid, lubricants, fuel, or replacement keys, or the labor to make replacement keys; 3. installation of products or material not related to the disablement; 4. labor not related to the disablement; 5. labor on a covered disabled auto for any time period in excess of 60 minutes per disablement; 6. towing or storage related to impoundment, abandonment, illegal parking, or other violations of law; 7 assistance with jacks, levelers, airbags or awnings; 8. labor or repair work performed at a service station, garage, or repair shop; 9. auto storage charges; 10. disablement that occurs on roads not regularly maintained, sand beaches, open fields, or areas designated as not passable due to construction, weather, or earth movement; 11. mounting or removing of snow fires or chains; 12. tire repair; 13, disablement that results from an intentional or willful act or action by you, a rate- tive, or the operator of a covered disabled auto: or 14. a trailer. UNAUTHORIZED SERVICE PROVIDER When service is rendered by a provider in the business of providing roadside assistance No and towing services, other than one of our authorized service representatives, we -will m pay only reasonable charges, as determined by us, for: c- n s 1. towing of a covered disabled auto to the nearest qualified repair facility; and y:74 4 2. labor on a covered disabled auto at the place of disablement; n -G w which is necessary due to a covered emergency. = t 21 =` r. r 77 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT OTHER INSURANCE Any coverage provided under this Part V for service rendered by an unauthorized ser- vice provider will be excess over any other collectible insurance or towing protection coverage. PART VI—DUTIES IN CASE OF AN ACCIDENT OR LOSS For coverage to apply under this policy, you or the person seeking coverage must promptly report each accident or loss even if you or the person seeking coverage is not at fault. You or the person seeking coverage must provide us with all accident or loss information, including time, place, and how the accident or loss happened. You or the person seeking coverage must also obtain and provide us the names and addresses of all persons involved in the accident or loss, the names and addresses of any witnesses, and the license plate numbers of the vehicles involved. If you or the person seeking coverage cannot identify the owner or operator of a vehicle involved in the accident, or if theft or vandalism has occurred, you or the person seeking coverage must notify the police within 24 hours or as soon as practicable. A person seeking coverage must: 1, cooperate with us in any matter concerning a claim or lawsuit; 2. provide any written proof of loss we may reasonably require; 3. allow us to take signed and recorded statements, including sworn statements and examinations under oath, which we may conduct outside the presence of you or any other person seeking coverage, and answer all reasonable questions we may ask as often as we may reasonably require; 4. promptly call to notify us about any claim or lawsuit and send us any and all legal papers relating to the claim or suit; 5. attend hearings and trials as we require; 6. lake reasonable steps after a loss to protect the covered auto, or any other vehicle for which coverage is sought, from further loss. We will pay reasonable expenses incurred in providing that protection. If failure to provide such protection results in further loss, any additional damages will not be covered under this policy; 7 allow us to have the damaged covered auto, or any other damaged vehicle for which coverage is sought, inspected and appraised before its repair or disposal; 8. submit to medical examinations at our expense by doctors we select as often as we may reasonably require; and 9. authorize us to obtain medical and other records. PART V"ENERAL PROVISIONS POLICY PERIOD AND TERRITORY 0 This policy applies only to accidents and losses occurring during the policy pe _. . shown on the declarations page and that occur within a state, territory or possess] < e . 22 n-< W pe" �n O u �m _o E:72 r' o, E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT of the United States of America, or a province or territory of Canada, or while a covered auto is being transported between their ports. CHANGES This policy contract, your insurance application (which is made a part of this policy as N attached hereto), the declarations page, and all endorsements to this policy issued by us, contain all the agreements between you and us. Subject to the following, the terms of this policy may not be changed or waived except by an endorsement issued by us. The premium for this policy is based on information we received from you and other sources. You agree to cooperate with us in determining if this information is correct and complete, and to promptly ratify us if it changes during the policy period. If this informa- tion is determined by us to be incorrect, incomplete, or it it changes during the policy period, you agree that we may adjust your policy information and premium accordingly. Changes that may result in a premium adjustment are contained in our rates and rules. These include, but are not limited to, you, a relative, or a rated resident obtaining a driver's license or operator's permit, or changes in: 1. the number, type or use classification of covered autos; 2. the persons who regularly operate a covered auto; 3. the persons of legal driving age residing in your household; 4. the residents in your household; 5. an operator's marital status; 6. your mailing address and your residence address; 7. the principal garaging address of any covered auto; 8. coverage, deductibles, or limits of liability; or 9. rating territory or discount eligibility. The coverage provided in your policy may be changed only by the issuance of a new policy or an endorsement by us. However, N during the policy period we broaden any coverage afforded under the current edition of your policy without additional premium charge, that change will automatically apply to your policy as of the date the coverage change is implemented in your state. If you ask us to delete a vehicle from this policy, no coverage will apply to that vehicle as of the date and time you ask us to delete it. DUTY TO REPORT CHANGES You must promptly report to us all changes, including additions and deletions, in policy information. Further, you must report to us certain changes no later than 30 days after the change occurs. These are changes to: 1. your mailing address or your residence address; 2. the principal garaging address of any covered auto; 3. the residents in your household; 4. the persons of legal driving age residing in your household; o 23 C t c7 m MC �..` 4y C7'{ CD 0 —IC7 fT� E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 5. the persons who regularly operate a covered auto; 6. an operator's marital status; or 7. the driver's license or operator's permit status of you, a relative, or a rated resident. Your failure to comply with this duty, where material to the risk of loss, may result in our denial of coverage for a claim. SETTLEMENT OF CLAIMS We may use estimating, appraisal, or injury evaluation systems to assist us in adjust- ing claims under this policy and to assist us in determining the amount of damages, expenses, or loss payable under this policy, Such systems may be developed by us or a third party and may include computer software, databases, and specialized technology. TERMS OF POLICY CONFORMED TO STATUTES If any provision of this policy fails to conform to the statutes of the state listed on your application as your residence, the provision shall be deemed amended to conform to such statutes. All other provisions shall be given full force and effect. Any disputes as to the coverages provided or the provisions of this policy shall be govemed by the law of the state listed on your application as your residence. TRANSFER OF INTEREST The rights and duties under this policy may not be transferred to another person without our written consent- However, ff a named insured shown on the declarations page dies, this policy will provide coverage until the end of the policy period for the legal rep- resentative of the named insured, while acting as such, and for persons covered under this policy on the date of the named insured's death. FRAUD OR This policy was issued in reliance upon the information provided on your insurance application. We may void this policy at any time, including after the occurrence of an accident or loss. it you: 1. made incorrect statements or representations to us with regard to any material fad or circumstance: 2. concealed or misrepresented any material fact or circumstance; or 3. engaged in fraudulent conduct; at the time of application. This means that we will not be liable for any claims or dam- ages that would otherwise be covered. Any changes we make at your request to this policy after inception will be made in reli- ance upon information you provide. If you: 1. make incorrect statements or representations to us with regard to any material fad or circumstance; 24 O �n D` -t c'>-< __q C") �r- m or E -FILED 2015 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT 2. conceal or misrepresent any material fact or circumstance; or 3. engage in fraudulent conduct; in connection with a requested change we may void the policy or reform it as it existed immediately prior to the requested change. We may do this at any time, including after the occurrence of an accident or loss. When we have not voided or reformed the policy, we may still deny coverage for an accident or loss if you, in connection with the policy application, in connection with any requested change, or at any time during the policy period, have concealed or misrepre- sented any material fad or circumstance or engaged in fraudulent conduct and that con- cealment, misrepresentation, or fraudulent conduct was material to a risk we assumed. However, if we certity this policy as proof of financial responsibility, no statement made by or on behalf of an insured person shall void coverage under Part 1 --Liability To Others up to the minimum limits required by the Iowa Motor Vehicle Financial and Safety Responsibility Act if the accident occurs before we notify you that the policy is void. If we void this policy, you must reimburse us if we make a payment under Part [--Liability To Others. We may deny coverage for an accident or loss 9 you or a person seeking coverage has concealed or misrepresented any material fact or circumstance, or engaged in fraudu- lent conduct, in connection with the presentation or settlement of a claim. PAYMENT OF PREMIUM AND FEES If your initial premium payment is by check, draft, electronic funds transfer, or simi- lar form of remittance, coverage under this policy is conditioned on payment to us by the financial institution If the financial institution upon presentment does not honor the check, draft, electronic funds transfer, or similar form of remittance, this policy may, at our option, be deemed void from its inception. This means we will not be liable under this policy for any claims or damages that would otherwise be covered if the check, draft, electronic funds transfer, or similar form of remittance had been honored by the financial institution. Any action by us to present the remittance for payment more than once shall not affect our right to void this policy. In addition to premium, fees may be charged on your policy. We may charge fees for installment payments, late payments, and other transactions. Payments made on your policy will be applied first to fees, then to premium due. CANCELLATION You may cancel this policy during the policy period by calling or writing us and stating the future date you wish the cancellation to be effective. We may cancel this policy during the policy period by mailing a notice of cancellation Ta to the named insured shown on the declarations page at the last known address ap: .... pearing in our records. m u 25 (7 "'< f' C rrrt C3 -o i E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT We will give at least 10 days notice of cancellation if the policy is cancelled for nonpay- ment of premium. We will give at least 30 days notice of cancellation in all other cases. We may cancel this policy for any reason if the notice is mailed within the first 59 days of the initial policy period. After this policy is in effect for more than 59 days, or if this is a renewal or continuation policy we may cancel only for one or more of the following reasons: 1. nonpayment of premium; 2. material misrepresentation or fraud by you with respect to any material fact in the procurement, continuation, change or renewal of this policy; 3. material misrepresentation or fraud in the submission of any claim under this policy; 4, you or any operator who either resides in your household or customarily operates a covered auto has had their driver's license suspended or revoked during the policy period or, if this is a renewal policy, during its policy period or the 180 days immediately preceding its effective date; 5. you or any operator who either resides in your household or customarily operates a covered auto has, during the policy period, engaged in a competitive speed contest while operating a covered auto; 6. you or any operator who either resides in your household or customarily operates a covered auto has, during the 36 months immediately preceding the notice of cancellation or nonrenewal of this policy, been convicted of or forfeited bail for any of the following: a. criminal negligence resulting in death, homicide. or assault, and arising out of the operation of a motor vehicle; b. operating a motor vehicle while intoxicated or while under the influence of a drug; or c. a violation of Iowa Code Section 321.261; 7 any violation of the terms or conditions of this policy; or 8. any other reason permitted by law. Proof of mailing will be sufficient proof of notice. If this policy is cancelled, coverage will not be provided as of the effective date and time shown in the notice of cancellation. For purposes of cancellation, this policy is neither severable nor divisible. Any cancellation will be effective for all coverages for all persons and all vehicles. CANCELLATION REFUND Upon cancellation, you may be entitled to a premium refund. However, our making or offering of a refund is not a condition of cancellation. If we cancel this policy for a reason other than nonpayment of premium, any refund will be computed on a daily pro rata basis. The effective date of cancellation shown in a notice will be the end of the policy period. o 26 C'9 m Z � C.3 i n �r m 'o O� _ E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT If cancellation is at your request, or if cancellation is for nonpayment of premium, any refund due will be computed on a 90% of a daily pro rata basis. This is a daily, acceler- ated method of calculating short rate earned premium on cancellations. Earned pre- mium is calculated on a daily basis. When you renew this policy we will waive our right under the policy to calculate can- cellation refunds on a 90°/6 of a daily pro rata basis; instead, any refund of premium following a cancellation applicable to the renewal policy will be calculated on a daily pro rata basis. NONRENEWAL If neither we nor one of our affiliates offers to renew or continue this policy we will mail notice of nonrenewal to the named insured shown on the declarations page at the last known address appearing in our records. Proof of mailing will be sufficient proof of notice. Notice will be mailed at least 30 days before the end of the policy period. AUTOMATIC TERMINATION If we or an affiliate offers to renew or continue this policy and you or your representative does not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due will mean that you have not accepted our offer. If you obtain other insurance on a covered auto, any similar insurance provided by this policy will terminate as to that covered auto on the effective date of the other insurance. If a covered auto is sold or transferred to someone other than you or a relative, any insurance provided by this policy will terminate as to that covered auto on the effective date of the sale or transfer. LEGAL ACTION AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. We may not be sued for payment under Part I—Liability To Others unfit the obligation of an insured person under Part I to pay is finally determined either by judgment after trial against that person or by written agreement of the insured person, the claimant, and us. No one will have any right to make us a party to a lawsuit to determine the liability of an insured person. `) If we retain salvage, we have no duty to preserve or otherwise retain the salvage for � 0:7. -4 purpose, including evidence for any civil or criminal proceeding. n--< W g" �rn F1 73 v ON E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT OUR RIGHTSTO RECOVER PAYMENT We are entitled to the rights of recovery that the insured person to whom payment was made has against another, to the extent of our payment. That insured person may be required to sign documents related to the recovery and must do whatever else we re- quire to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those rights. When an insured person has been paid by us and also recovers from another, the amount recovered will be held by the insured person in trust for us and reimbursed to us to the extent that the total amount recovered from all sources exceeds the damages sustained, limited to the amount of our payment. If we are not reimbursed, we may pursue recovery of that amount directly against that insured person. If an insured person recovers from another without our written consent, the insured persons right to payment under any affected coverage will no longer exist. If we elect to exercise our rights of recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy unless we are specifically instructed by that person not to pursue the deductible. We have no obligation to pursue recovery against another for any loss not covered by this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery. If the total recovery is less than the total of our payment and the deductible, we will re- duce reimbursement of the deductible based on the proportion that the actual recovery bears to the total of our payment and the deductible. Reimbursement of the deductible will not be reduced by a proportionate share of collection expenses and attorney fees incurred in connection with these recovery efforts unless an outside altorney is retained to collect such recovery. In that case, there will be a deduction for a pro rata share of the allocated loss adjustment expense. These provisions will be applied in accordance with state law. JOINT AND INDIVIDUAL INTERESTS If there is more than one named insured on this policy any named insured may cancel or change this policy. The action of one named insured will be binding on all persons provided coverage under this policy. BANKRUPTCY N C) The bankruptcy or insolvency of an insured penton will not relieve us of any obligations; under this policy. 28 -' < m o E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT PROGRElJ/UE AUTO N O m m �� 9611A IA 1014 IIIIIIIN�IIIIINIIINNIIIIII m _- E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT PWAESSM P.O. lox 11260 TAMPA, R 33631 hWHANAD N GABANI 21? 6TH ST A2 CORALVI" IA 52241 Auto Insurance Coverage Summary This is your Declarations Page Your policy information has changed Pollgr changes effective March 11, 2016 Drivers and resident relatives Oudine of coverage 11993 TOTOTA COROLLA STATION WAGON VIN: IT2AEOMPoe25572 N O_ C] m 3W R D _a -c _ C-) -< o In M `Grn -o o EXHIBIT .am s.asurosn s� car E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT Premium discounts PQvCv 501711571 Company of -JZZI-,1;4 President k"64014W) MICYN=bw. 907711571 Mohamd H Gibarl Page I of 2 ................... —, ... ... ........... .......... .... ... I ...................................... ....... — ............. 041114 SWcjm - 71st Pok I'aft Only, Havonic Fods rrdnft,EFn, Oftbe Quote and Papeden Secretary ao =C C) Cr,—, E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT PR011iRESEVE P.D. Sax 31250 TAMPA. Fl. 33631 MCRNAD H GAIIANI ZI 2 STH 5T A2 CORALVILLF, IA 52241 Auto Insurance Coverage Summary This is your Declarations Page Your policy information has changed ARVOREV1112r, X7ECrAlafe Polky Number. 907711571 Una"OW by: Progressive unlyessil Insurance Co March 21, 2016 Policy Period: Oct 28, 2019 - Apr 28, 2016 Page I Gf 2 Pr"ressIve.tore Online Service Yak Payments, dieck billng activity, update RoAcy;n1cirroadon I dad[ fiW,w J a 0"ri, 11-60111-776.4737 Fm w5lorier servia and dairns 24 hours a day, 7 days a w",L Your coverage began on OdDber 28, 2015 at the later of 12;01 a.m. or N effective time shown on your application. 'his loclicy Period enas an April 28, 2016 at 12:0, a.m. This coverage summary replaces your prior one. Your insurance policy and any policy endorsemems contain a full explanation of your coverage. The policy limits shown for a vehicle may not be combined with the limits for the same coverage on another vehicle. The policy mriaracrIsform 96111D IA (10/14). The camractis modified by form 084 (10/08). Progressive Universal Insurance Go is a sud company (NYSE: PGR). Pollcy changes ~ve March 21, 2016 ..................*....**............----i 1','*,"''"i- i', ............ * .... ... .......... *-* ... " .. . .......... --*- Changes requested on: Mar2016 02:45 p.n. -................................................... ......................... ....................... ............. .. .........� �;6iii6�i� Requested ............. ...........5104.60 ................... ....... .. * ........ ... ... .. * ... ... Premium change: .................. ........ ........... ...... I he* *2 0-0,9, ... M ... Y* 0- T -A, C-O-R-C-L'L-A' h -a' ... b'e'e'n-'a'd*d-e-d',** ..... ...... .... ..... ... Charges: A Multi -Car discount has been added to your policy. Drivers and resident relatives Ad3eaW Irbwaft Iof err ad FI Gabenl . .. . .. .......... d- j'n*s-u'i e -d... * .. .... -* .... ... - .......... * ...... *- . ...... .... .. * ...... Outline of coverage 1993 TOVVIIA, COROLLA STATION WAGON VIN: JTZMMPOOISS72 Caragirq ZIP Code; 52241 Primary use of thevehide; Cannurute Number of years ow iedyleased when policy started a vehicle added: < I year ry undis 004414a r ?w4m Lawf,.-Y-fo -6ihi�s .......................................................................... . .................. . .............. ... C—D ..... ........ . 3odly Injury liability $20,000 each persorvi$40,0010 each accident 51. Property Darnage Liability $15,000 each acotlent -.< — .. . . ........... ........... ;i,�4 .... ............ ........ ... ............... ...... .............. Motoi.s.t.... Refected 1, Unaerlr mored ----...y- ......... .................................. ............v .......... - ...................- .11r.1 � .. .....-7..P�remwwiim ..-. Taal EXHIBIT =: E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT - I.M54191AWS) Policy NW-bW. 907711571 %Idwnad H Word Paget of 2 2009 TOYOTA COROLLA 4 DOOR SEDAN V% 1KXBU40E)(9Z0691Sl Garaging ZIP Code: 52241 Primary uol the vehlde: Commute Number of years awnedfimea when policy started arvehide added* -c I Vw 6-11Uebllhy Do*a* h&nkn ............................................. Ta Others ....... I ............................. .... . .................................... .............. ........ n-3(1#7:11W'y Liabilly V0,000 Each pemn640,000 ead 4oddW Property Damage Uabft $I SAW each accident .4is ur e d M ovi a K a* W ..." *** ..... -- ...... ......... Underinsured Macnrlst 011, ..... — ........... -- ........ 00101111 ................ .................... ................. .............. Comprehensive .......... I ................................................................ Actual Cash Value ..................... . $250 190 Aural Cath V . .......... ...... ....... 242 premiumCdlls!on lor,2 CIN TOYOTA 3576 ...... i R, ...... ...... ........ ..... -6-, S9 Premium dliscounts ?04 907711571 ........ 'n"'n'e" Signature''"*l*e*c ... ........... '.... 'I'Et ... 'o'l'k'y"P'... Only, E OO'"'''FrP Ord; ne Quate. IA tLCar and Paperless Company Officers President Secretary n CD r _r" C') 0� - I.M54191AWS) ` , . E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT E -FILED 201b MAR 20 2:48 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY CITY OF IOWA CITY, Plaintiff, V, FATIMA TAHIR; MOHANAD GABANI; and PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendants. Law No. t.1 C U 7 1�I 7 7 5 - PETITION AT LAW AND JURY DEMAND Plaintiff states: COMMON ALLEGATIONS 1. Plaintiff City of Iowa City (hereinafter, the "City") is a municipal corporation in Johnson County, Iowa. 2. At all times relative to this action, Defendants Fatima Tahir (hereinafter, "Tahir") and Mohanad Gabani (hereinafter, "Gabani") were residents of Johnson County, Iowa. 3. At all times relative to this action, Defendant Progressive Casualty Insurance Company (hereinafter, "Progressive") was a corporation domiciled in Mayfield Village, Ohio. 4. Pat Bums, (hereinafter, "Bums") and Mario Ortiz, (hereinafter, "Ortiz') at all times relevant to this action were employees of Plaintiff, specifically Streets Division workers in the Public Works Department. 5. On March 21, 2016, Bums and Ortiz were on duty for the City, in a City vehicle Ortiz was driving northbound on Gilbert Street in Iowa City, when they were struck by a vehicle driven by Tahir, who failed to stop at, or failed to yield from, the stop sign controlling her direction of traffic on Southgate Avenue where it intersects with Gilbert Street, causing a collision resting in property damage to the City vehicle, and personal injuries to both Ortiz and Bums. n w M C:) r' G EXHIBIT y E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT ' E -FILED 2018 MAR 20 2:48 PM JOHNSON - CLERK OF DISTRICT COURT W • 6. At the time of the collision, Tahir was driving a vehicle owned by Gabani, with his consent. Under Iowa Code section 321.493(2), Gabani is thus liable for damage caused as a result of Tahir's negligence. 7. Said collision occurred in Johnson County, Iowa. 8. Gabani's vehicle was insured by Progressive at the time of the collision. To the best of Plaintiffs knowledge, the insurance policy number was 907711571, with an assigned claim number of 163614237. Progressive confirmed the validity of the policy, but denied coverage for reasons it has thus far been unwilling to explain. 9. The injuries sustained by Bums and Ortiz left them temporarily unable to perform their job duties with the City. 10. To date, Plaintiff has incurred $100,963.07 in medical expenses and lost work time related to treatment and rehabilitation of Bums' injuries, and $2,914.63 in medical expenses and lost work time related to treatment and rehabilitation of Ortiz's injuries. Ortiz. 11. Plaintiff also incurred property damage of $11,935.79 to the City vehicle struck by 12. Plaintiff directly paid all the above-mentioned expenses through its general fund. It does not purchase third -party insurance to pay for any of these expenses, nor does it participate in a local government "risk pool". 13. Plaintiff has the right to equitable subrogation of any right or claim that Bums and Ortiz have against Defendants. COUNT I - NEGLIGENCE 14. Plaintiff realleges Paragraphs 1 -13 as if fully set forth herein. No 15. On March 21, 2016, Defendant Tahir was negligent in one or more -of Wise 71 particular ways: n-< Wo -tc) <m -o ?" -2 E -FILED 2018 MAY 23 9:05 AM JOHNSON - CLERK OF DISTRICT COURT E -FILED 201u MAR 20 2:48 PM JOHNSON - CLERK OF DISTRICT COURT a) Failing to stop at the stop sign on Southgate Ave. at the intersection with Gilbert Street; b) Failing to yield from the stop sign on Southgate Ave. at the intersection with Gilbert Street; C) Causing the collision with the City vehicle driven by Ortiz, and in which Bums was riding as a passenger, causing property damage to the City's vehicle, and injuries to Ortiz and Bums, resulting in medical expenses and loss of work time. 16. Defendant Tahir's negligence was a proximate cause of Plaintiffs damage. 17. Plaintiff, as the subrogee of both Bums and Ortiz, suffered damages in an amount that exceeds the jurisdictional amount in Iowa Code section 631.1(1) (2017). Jury. JURY DEMAND 18. Pursuant to Iowa R. Civ. P. 1.902, Plaintiff demands that all the issues be tried to a WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against Defendants for damages in an amount deemed reasonable by the Court or jury, for interest at the legal rate, and for costs of this action. Respectfully submitted, /s/ Eric R. rs Eric R. Goers AT0002835 Assistant City Attorney 410 E. Washington Street Iowa City, IA 52240 (319) 356-5030 icattomey@iowa-city.org ATTORNEY FOR PLAINTIFF N O m o 3 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MARTIN ANNIS, Plaintiff, VS. CITY OF IOWA CITY and SUSAN CRAIG, Defendants. Case No. LACV079890 ACCEPTANCE OF SERVICE I, Kellie Fruehhng, hereby acknowledge receipt and accept service of the Original Notice and Petition and Jury Demand on behalf of the above-named Defendant, City of Iowa City. This acknowledgement is taking place in Iowa City, Iowa on thetJ ay of May 2018. Ke1Le Fruehling, City lerk City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 aa: G4 (Thornon) Finl (Arwh✓D CO- G4 (/Ylc C 6r r; �1 N O C _o m a � C) c.n i �rr*m o = m y E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MARTIN ANNIS, Plaintiff, VS. CITY OF IOWA CITY and SUSAN CRAIG, Defendants. NO. LACV079890 ORIGINAL NOTICE TO THE ABOVE-NAMED DEFENDANT(S): CITY OF IOWA CITY You are notified that a Petition at Law has been filed in the office of the derk of this court naming you as the respondent in this action. A copy of the Petition is attached to this notice. The attorneys for the plaintiff are Katie Ervin Carlson and Emily McCarty of Fiedler & Timmer, P.L.L.C., whose address is 8831 Windsor Parkway, Johnston, Iowa 50131. Their phone number is (515) 254-1999; facsimile number (515) 254-9923. 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. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 398-3920, eat. 1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). CLERK OF COURT Johnson County Courthouse Iowa City, Iowa IMPORTANT: N c You are advised to seek legal advice at once to protect your interests. o �n m _ A_ < .�.. n -C -N rn i rn o� CO � r E -FILED 2018 MAY 02 4:13 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY case No. LACV079890 county Johnson Case Title MARTIN ANNIS VS. CITY OF IOWA CITY & SUSAN CRAIG 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 he �tN+wwjowacoUrts.sjateja.us/Efila 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: hftp'//www.iOw3cOurts.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: hdp //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 (a you are hearing impaired. call Relay Iowa TTY at 1.800-735-2942.) Dare Issued 05/02/2018 04:13:47 PM District Clerk of Johnson County /s/ Wanda Sedivec N C= 0 m 7 .Z -)N r 4 C =<r' rn a M oM= CO QI..X E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MARTIN ANNIS, Plaintiff, vs. CITY OF IOWA CITY and SUSAN CRAIG, Defendants. Case No. LACV079890 PETITION and JURY DEMAND COMES NOW the Plaintiff and for his cause of action against Defendants hereby states the following: INTRODUCTION 1. This is an action under the Iowa Civil Rights Act, challenging Defendants' discrimination against the Plaintiff. 2. Plaintiff Martin C'Marty' Annis is a resident of Johnson County, Iowa. 3. Defendant City of Iowa City is a municipal corporation within the State of Iowa, operating the Iowa City Public Library ("ICPL'). 4. Defendant Susan Craig is a resident of Johnson County, Iowa. 5. The acts about which Plaintiff complains occurred in Johnson County, Iowa. PROCEDURAL REQUIREMENTS 6. On September 5, 2017, within 300 days of the acts of which he complains, Marty filed charges of employment discrimination against Defendants with the Iowa Civil Rights Commission and the Equal Employment Opportunity Commission. 0 U c' N Ul �n m a M co 1 r E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT 7. On February 14, 2018, less than 90 days prior to the filing of this Petition, the Iowa Civil Rights Commission issued a right to sue letter with respect to Marty's charges of discrimination. FACTUAL BACKGROUND 8. Marty began working at ICPL on February 3, 2016 as an overnight janitor/maintenance. 9. ICPL Director Susan Craig and ICPL Building Manager Brad Gehrke hired Marty. 10. Gehrke was Marty's immediate supervisor. 11. During his employment with the ICPL, Matty's hours were 10:00 p.m. to 6:30 a.m., Monday through Friday and 12:30 p.m. to 9:00 p.m. every seventh Saturday as needed 12. Marty's job duties included cleaning the first floor of the library (including the lobby, event meeting rooms, and restrooms), emptying the trash and, and performing occasional light maintenance. 13. Marty exclusively worked on-site at the ICPL. 14. On his second or third day on the job, Marty rode around in a City vehicle with Gehrke. 15. During that drive, Marty asked Gehrkc if he should drive the vehicle to acquaint himself with it. Gehrke responded, "no." 16. Marty is an alcoholic. He got sober for about a year after his divorce in 2008 but then started drinking again. 17. Marty drank alcohol during his period of employment with the ICPL, but he never missed work due to his disease, never showed up drunk to work, and never drank alcoho'£an the job. G `. 18. On May 27, 2017, Marty drove drunk, crashed his truck, an�vQ, *rged'Qh r Operating a vehicle While Intoxicated (OWI'. ,<r_ m rn a Co 2 ,r E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT 19. Marty did not miss any work because of the OWI. 20. During the week following his OWI, Marty rode his bike to work. 21. The City does not take issue with Marty riding a bike to and from work. In fact, the City encourages employees to bike to work. 22. When Marty reported to work on June 1 or 2, he told Gehrke he had been in an accident and was glad no one else was involved. 23. He also told Gehrke he would be riding his bike to work for a while. 24. Marty's OWI and accident made him realize he needed treatment for his disease. 25. Marty decided to enter in-patient treatment at The Abbey Addiction Treatment Center ("the Abbey's in Bettendorf, Iowa. N_ 26. The City/ICPL have an agreement with AFSCME Local #183. - m 27. Marty did not pay union dues but was subject to and paid accorditA the reetrrertt r between the City/ICPL and AFSCME Local #183. z<r m a m _ Q 28. Harry's union representative was Tem Byers. � � m 29. Article 12, Section 3 of the Agreement between the City/ICPL and AFSCE Local #183 contains a policy regarding leaves of absence without pay which states in relevant part: A leave of absence without pay is a predetemnined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination E -FILED 2015 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT of the leave. The employee is responsible for applying for and keeping aware of any openings. 30. Article 19, Section 2 of the Agreement between the City/ICPL and AFSCME Local #183 also contains a policy regarding problem drinking which states in relevant part: In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. 31. Marty met with City HR Generalist Karen Jennings on June 6, 2017. 32. During the meeting, Marty told Karen that he is an alcoholic, intended to enter in- patient treatment at The Abbey, and asked how to go about taking a leave of absence without pay. 33. Karen responded, "I don't know what to tell you. You're going to have to go talk to Susan [Craig] and Brad [Gehrkel." 34. Marty then went to the ICPL to talk to Craig and Gehrke. 35. While waiting outside of the ICPL, Marty saw union representative Byers. 36. Marty told Byers that he is an alcoholic, intended to enter in-patient treatment at The Abbey, and asked how to go about taking a leave of absence without pay. 37. Byers also told Marty to speak with Craig and Gehrke. 38. Marty met with Craig and Gehrke on June 6, 2017 around 9:00 a.m. 39. During the meeting, Marty told Craig and Gehrke that he wanted to taica leave of co CD absence so he could seek treatment. �n m s "n C*)-< r �rn _ M E3 70 CO =' r 4 cn E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT 40. Craig responded, "treatment? For what?' 41. Marty got teary-eyed, and told Craig and Gehrke that he is an alcoholic, that he got an OWI, and that he intended to enter in-patient treatment at The Abbey. 42. Marty told Craig and Gehrke that he did not know exactly how long he would be at The Abbey but thought it would be about a month. 43. Craig harshly asked, "do you have a driver's license?' 44. Marty told Craig he did not have a driver's license due to the OWI. 45. Marty later learned that his driver's license had not been revoked until a few days later. 46. Craig went to her office and retrieved a copy of Marty's job description. She stated, "it says right here you must have a valid driver's license. I need to have your keys and your badge. You're done." 47. Marty told Craig and Gehrke that throughout his entire employment with the City, he had never driven a city vehicle or been asked to do so. 48. Craig responded with something along the lines of, "What if you had to go to a book drop on a Saturday to retrieve a patron's personal item? They would call the library an :!Jou would be required to go retrieve the item." pm 0 :�-.n 49.Craig took Marty's ICPL keys, and he began to cry. n a =1 C-) 50. Craig also said, "You know, I was married to an alcoholic once." -<m rn r 2 m 51. Gehrke said nothing during the meeting. co cn 52. Marty began in-patient treatment at The Abbey on June 7, 2017 and completed treatment on July 2, 2017. 53. Marty has been sober since he left The Abbey. 54. If Craig had not fired Marty, he would have returned to work immediately following his discharge from the Abbey. E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT 55. If Craig had not fired Marry, he would have ridden his bike to work until he purchased a new vehicle and obtained a work permit. 56. Susan Craig was an employee and agent of the City, acting at all material times within the scope of her employment and agency. 57. Brad Gehrke was an employee and agent of the City, acting at all material times within the scope of his employment and agency. 58. Karen Jennings was an employee and agent of the City, acting at all material times within the scope of her employment and agency. COUNTI VIOLATIONS OF THE IOWA CIVIL RIGHTS ACT DISABILITY DISCRIMINATION 59. Plaintiff repleads paragraphs 1 through 58 as if fully set forth herein. 60. Marty is an alcoholic, and at the time of his discharge was disabled within the meaning of the Iowa Civil Rights Act. 61. Marty's alcoholism substantially limited his ability to care for himself, walls, concentrate, think, and interact with others. Marty's alcoholism also interfered with the normal functioning of his brain. 62. Marty also has a record of an impairment that substantially limited one or more of his major life activities, as set forth above. 63. In the alternative, Defendants regarded Marty as having an impairment that substantially limited one or more of his major life activities, as set forth above. 64. Marty was able to perform the essential functions of his job with or without reasonable ry 0 accommodations. p m n = C7 -C N f.ri p� � n i f �rn =on i r co 6 cn E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT 65. The City and Susan Craig discriminated against Marty with respect to his employment in violation of the Iowa Civil Rights Act. 66. Marty's disability was a motivating factor in Defendants' actions. 67. The leave of absence for alcoholism treatment that Marty requested was a reasonable accommodation. 68. The City and Susan Craig failed to accommodate Marty's disability in violation of the Iowa Civil Rights Act. 69. Marty's request for a leave of absence for alcoholism treatment was a motivating factor in the decision to fire him. 70. As a result of Defendants' illegal acts and omissions, Plaintiff has in the past and will in the future suffer injuries and damages, including but not limited to the type of mental anguish, embarrassment, anger, frustration, disappointment, regret, despair, and disruption of his peace of mind as a result of Defendants' unlawful conduct which any reasonable person would have suffered under like circumstances, lost wages, benefits, and future earnings. WHEREFORE, Plaintiff demands judgment against Defendants City of Iowa City and Susan Craig, jointly and severally, in an amount which will fully and fairly compensate him for his injuries and damages, for appropriate equitable relief including but not limited to reinstatement, for prejudgment and postjudgment interest, for attorney fees and litigation expenses, for the costs of this action, and for such other relief as may be just in the circumstances and consistent with the purpose of the Iowa Civil Rights Act. VA N E; _m m til r �r m s E5= _x z CO c -n VA E -FILED 2018 MAY 02 3:19 PM JOHNSON - CLERK OF DISTRICT COURT JURY DEMAND COMES NOW the Plaintiff and requests a trial by jury. Is/ Kati. F.rnin C-mAm FIEDLER & TIMMER, P.L.L.C. Katie Ervin Carlson AT0008958 katie _ emnlovmentlawiowa.com Emily McCarty AT 0010147 en moloymendawiowa com 8831 Windsor Parkway Johnston, IA 50131 Telephone: (515) 254-1999 Fax: (515) 254-9923 ATTORNEYS FOR PLAINTIFF m a ch END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY KAREN P. PARKMAN and BRUCE C. PARKMAN, V. CITY OF IOWA CITY, Plaintiffs, Defendant. No. LACV079827 ACCEPTANCE OF SERVICE I, Kellie K. Fruehling, City Clerk for the City of Iowa City, acknowledge service of Plaintiff's Petition in the above -captioned case on behalf of Defendant City of Iowa City. Dated on f i c2 7 2018. 1 Kellie K. Fruehling City Clerk Cr'. Cly ( 1 k c rni-or'n CA � cCkr.-SF R tI N m C] m C7-< N r �rs m m= m n o 0 Cr'. Cly ( 1 k c rni-or'n CA � cCkr.-SF R tI F -FII Fn 201R APR 0S 9.1A PM .1OHNRON - CI FRK OF nI3TRICT (nI IRT THE Oriiciall Form No. 301 OWA STATE R ASSOCUTON Karen Lorenzen AT0004862 TNISFOeI `CONeU itVol KL THE VM ti 1',1'lt, C,1 ul-a �fA 'Ioi1�2` THE IOWA DISTRICT COURT JOHNSON COUNTY KAREN P. PARKMAN and BRUCE C. PARKMAN, LAW 19 EQUITY ❑ No. N PlainOff(s), DATE PETITION FlgD: Z vs. x 30 D --i CIIYOFION'ACITS, 2-< N ORIGlhrOT10E Defendant(s). {r -n 3� m m TO THE ABOVE-NAMED DEFENDANT(S): s- o You are notified that a petition has been filed in the office of ft clerk of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) Is attached to this notice. The name(s) and address(es) of the attorney(s) for the plaintiff(s) (is) (are) James P. Haves, Karen A. Lorenzen. Mike 1{. Bidennan, Haves Lon nzen Lawyers PLC. Plaza Cenrre One, Suite 580, 125 S Dubuque Simr4 Iowa Clty. IA 52240 The atlorney's(s') phone number(s) (is) (are) 319-867-3688 facsimile number(s) 319.887-3687 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 lotra Cin' Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at _ (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) (SEAL) CLERK OF COURT Johnson County Courthouse Iowa Cit} Iowa 52240 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS rr itm lmasum sw b.«�u„n Yoll 301 ORIGINAL NOTICE FOR PERSONAL SERVICE IOWAOeCa� RorirMlW3013 E -FILED 2018 APR 05 3:53 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY coal LACV079827 away Johnson r-- I&- PARKMAN V. CITY OF IOWA CITY THIS CASE HAS BEEN FILED IN ACOUNTY THAT USES ELECTRONIC FILING. Therefore, 1MI9Cs the attached Petition and Original Wice contaica a hearing date for your appearance, or urtim you obtain an exemption from the tout, you must Me your Appeata11,0e end Answer electronically. You must register through the Iowa Judicial Branch wabske, at lata, ltwww 1QW mUna swta. is us/Etlle and obtain a leg in and password for the purposes of filing and vfawitg documents on your case and of tecaNkg tOrvica and name from 810 Court FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 18 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: btkLhMWw cmacoirs: s_tale.ia.usLFfi le FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY W COURT FILINGS, REFER TO DIVISION Yl OF IOWA COURT RULES CHAPTER 18: h.QJtwww'owacourts ftle.ie.udEfile If you require the aeeiawnce of auxl W& or sen cen to parodpale H caul because of a disability. Immediately cell your dietrfct ADA cocdinawr at (319) 3981929 . (8 you are hearing Impaked, mg Raley lows TTY at 1490-735-2942.) oawlssued 04/05/2018 03:53:28 PM Dbalc clank of dolumon /a/ Wendy Lonngren N O_ E5 a9 n C-)-< r <rn a M � = 0 g� 1 c araeY v o 0 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY KAREN P. PARKMAN and BRUCE C. I o PARKMAN, ) LAW NO. m o a Plaintiffs, 1 PETITION AT LAW V. �� rn CITY OF IOWA CITY, ;X; mo I D O Defendant 1 1 I 0 JURISDICTION, PARTIES AND VENUE 1. Plaintiffs K -Lk recovery of an amount herein that is in excess of the jurisdictional requirements of the Iowa Rules of Appellate Procedure. 2. Karen Parkman and Bruce Parkman are husband and wife and are residents of Spokane Valley, Spokane County, Washington. 3. Defendant City of Iowa City is a government entity and at all times material hereto maintained, through its agents, officers or representatives the brick pedestrian plana defined as the 'City Plaza" in section 10.5-2 of the Iowa City Code, in which Plaintiff Karen Parkman fell on Apri18, 2016. 4. Venue is appropriately placed under Iowa Corse § 616. STATEMENT OF THE FACTS 5. On April 8, 2016, Plaintiffs were in lows City to attend the U.S. Olympic Wrestling Trials to watch their grandson compete. 6. At approximately 15:27 on April 8, 2016, Karen Parkman "tripped over a brick sidewalk and landed with arms outstretched and fell forward onto face." E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT I Karen Parkman fell in the brick City Plaza on College St. in Iowa City near the store Sauce. S. Karen Parkman "subsequently noticed pain in her left proximal humerus as well as her N O nose " m r' a —n N. Johnson County Ambulance was called and arrived at 15:33. D—t �7� N J 10. At 15:40 Johnson County Ambulance departed with Karen Parkman to J niversity� m a lowa Hospitals and Clinics ("U11 -IC") arriving at 15:41. �;K r r 0 D G 11. Upon arrival at UIHC, Karen Parkman was treated by Adam Schlichting, M;P. ("Dr. Schlichting"). 12. Radiology images revealed a "nondisplaoed mildly comminuted fracture of the left humeral neck extending in to the humeral head and greater tuberosity." Dr. Schlichting also noted an "[o)bvious nasal fracture on exam." 13. Karen Parkman was discharged from UIHC on April 8, 2016 with prescriptions for Dilaudid and Zofran. 14. Karen Parkman continues to suffer from back pain, left arm pain, and post concussive syndrome as a result of her April 8, 2014 fall in the City Plaza in Iowa City, Iowa. CAUSES OF ACTION Count l: Karen Parkman (Premises Liability/Safety) Karen Parkman, for her cause of action against the City of Iowa City, states: 15. Plaintiff hereby incorporates by reference paragraphs 1-14 herein. 16. As the municipal entity that maintains the City Plaza where Karen Parkman fell, The City of Iowa City was under a legal duty pursuant to Iowa Code 364.12(2) to provide a safe environment for Karen Parkman, in the City Plaza. The City of Iowa City negligently failed to perform this duty. KA E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT 17. The City of Iowa City, through its agents, representatives, and, employees, knew or in the exercise of reasonable care should have known of a condition on the premises - uneven and unsafe bricks -and that it involved an unreasonable risk of injury to a person in Karen Parkman s position. 18. The City of lova City, through its agents, representatives and employees, knew or in the exercise of reasonable rare should have known: a) that Karen Parkman would not discover the uneven and unsafe bricks in the Cih, Plaza near the store Sauce; or b) that Karen Parkman would not realize that the uneven and unsafe brigkg in the City Playa near the store Sauce presented an unreasonable riskc�rAury -v C) that Karen Parkman would not protect herself from the un"pP4aryii,uns1F bricks. �M z m 19. The City of Iowa City, through its agents, representatives, and empkry(was rz4gligentt 0 In that it failed to keep the premum in reasonably safe condition by: 0 a) failing to properly maintain the brick City Plaza for the safety of Karen Parkman who was unlikely to realize the dangerous condition that the uneven and unsafe bricks posed; h) failing to implement a suitable plan to remove and replace bricks in the City Plaza that posed harm to pedestrians using the City Plaza; and C) other ways as determined by the discovery process. 20. The City of Iowa City is liable for the negligent acts of its staff, representatives, and employes under the ductrhres of respondeat superior, corporate liability, and ostensible agency. 3 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT 2'I. As a direct and proximate result of the negligence of The City of Iowa City, Karen Parkman has: a) has incurred medical expenses over and above those otherwise necessary: b) will in the future incur medical expenses over and above dwse otherwise riLcessary; C) suffered severe pain and mental anguish and loss of full body and mind om d) will in the future suffer severe pain and mental anguish and theD of %I booiyij and mind; and C-) r �r y m e) incurred other damages. tt o z v WHEREFORE Karen Parkman prays for judgment against The City of Sawa ab" in an 0 amount sufficient to compensate her for her damages, together with costs and interest as provided by law. Count 2 Bruce Parkman (Premises Liability/Safety) Bruce Parkman by his cause of action against The City of Iowa City, states; 22. Plaintiff hereby incorporates by reference paragraphs 1-14 and 16-20 herein. 23. As a direct and proximate result of the negligence of the City of Iowa City, Bruce Parkman: a) has been and in the future will be deprived of the consortium of his wife, Karen Parkman, and b) has sustained other damages. WHEREFORE, Bruce Parkman prays for judgment against The City of Iowa City In an amount sufficient to compensate him for his damages, together with costs and interest as provided by law. 4 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT Count 3: Karen Parkman (Negligence failure to Warn) Karen Parkman for her cause of action against The City of Iowa City states: 24, Plaintiff hereby incorporates by reference paragraphs 1-14 herein. 25. As the municipal entity, responsible for the care and maintenance of the City Plaza, The City of Iowa City was under a legal duty to warn Karen Parkman, a pedestrian in the City Plaza, of any dangerous conditions. The City of lowa City negligently failed to perform this duty. 26. The City of Iowa City, through its agents, representatives, and employees, knew or in the exercise of reasonable care should have known of a condition premises -the uneven and unsafe bricks near the store Sauce -and that it involved an unreasonablwaisk of 0 C:i injury to a person in Karen Parkman's position. � v "n -v 27. The City of Iowa City, through its agents, representatives, and employe gAnc� or if' -4 n the exercise of reasonable care should have known: r— rn= c �4 C Q a) that Karen Parkman would not see the uneven and unsafe bri&s In tg City 0 Plaza near the store Sauce; or b) that Karen Parkman would not realize that the uneven and unsafe bricks in the City Plaza near the store Sauce presented an unreasonable risk of injury or C) that Karen Parkman would not protect herself from the uneven and unsafe bricks in the City Plaza near the store Sauce. 28. Tlra City of Iowa City, through its agents, representatives, and employees, was negligent in that it failed to wam Karen Parkman of a dangerous condition -the uneven and unsafe bricks in the City Plaza near the store Sauce by: a) failing to provide constructive notice of the existence of the dangerous condition in sufficient time prior to the injury; 5 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT b) failing to warn Karen Parkman of the dangerous condition; c) failing to lake precautionary measures to prevent such an injury to Karen Parkman ; and d) other ways as determined by the discovery process. 29. The City of Iowa City is liable for the negligent acts of its staff, representatives, and employees under the doctrines of respondeat superior, corporate liability, and ostensible agency. V. As a direct and proximate result of the negligence of The City of Iowa Oily, Karen Parkman has: a) has incurred medical expenses over and above those otherwise necessary: b) will in the future incur medical expenses over and abiwr those otherwise necessary; C) suffered severe pain and mental anguish and loss of full lxxfy and mind; d) will in the future suffer severe pain and mental anguish and the loss of full body N O and mind; and o� e) incurred other damages. y-1 J 1 WHEREFORE, Karen Parkman prays for judgment against The City OV&ra City inrn I,t a amount sufficient to compensate her for her damages, together with cost aTad igbresl ' (M provided by law. C=) Count 4 Bruce Parkman (Negligence/Failure to Warn) Bruce Parkman for his cause of action against The City of Iowa City, states: 31. Plaintiff hereby incorporates by reference paragraphs 1-14 and 25-29 herein. 32. As a direct and proximate result of the negligence of The City of Iowa City, Bruce Parkman: 6 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT a) has been and in the future will be deprived of the consortium of his wife, Karen Parkman, and b) has sustained other damages. WHEREFORE, Bruce Parkman prays for judgment against The City of Iowa City in an amount sufficient to compensate him for his damages, together with costs and interest as provideri by law. N O Count 5: Karen Parkman (Negligence/Failure to Inspect) =>m Dy Karen Parkman, for her cause of action against The City of Iowa City stateq;-< ro 33. Plaintiff hereby incorporates by reference paragraphs 1-14 herein. �m a m err] s 34. From the tine that Karen Parkman first came to the Clty Plaza maintai6oby TRe Cit 0 of Iowa City until she left the City Plaza maintained by The City of Iowa City, Cie City of Iowa Cit• was under a legal duty to inspect the premises and eliminate the known and foreseeable hazards on the premises. The City of Iowa City negligently failed to perform this duty. 35. The City of Iowa City, through its agents, representatives, and employees, knew or in the exercise of reasonable care should have known of a condition -the uneven and unsafe bricks in the City Plaza near the store Sauce -and that it involved an unreasonable risk of injury to a person in Karen Park -man's position. 36. The City of Iowa City, through its agents, representatives, and employees, knew or in the exercise of reasonable care should have known: a) that Karen Parkman would not discover the uneven and unsafe bricks in the City Plaza near the store Sauce, or b) that Karen Parkman would not realize that the uneven and unsafe bricks in the City Plaza near the store Sauce presented an unreasonable risk of injury: or 7 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT C) that Karen Parkman would not protect herself from the uneven and unsafe bricks ur the City Plaza near the store Sauce. 37, The City of Iowa City, through its agents and employees, was negligent in that it knew or should have known that the uneven and unsafe bricks in the City Plaza had created a hazard for Karen Parkman, and failed to adequately inspect the City Plaza to c(nfirm that the uneven and unsafe bricks had been fixed. 38. The City of Iowa City is liable for the negligent acts of its staff, representatives, and employees under the doctrines of respondeat superior, corporate liability, and ostensible agency. 39. As a direct and proximate result of the negligence of The City of Iowa City, Karen Parkman has: a) has incurred medical expenses over and above those otherwise necessary: b) will in the future incur medical expenses over and above those otherwise necessary; C) suffered severe pain and mental anguish and loss of full body and mind; N d) will in the future suffer severe pain and mental anguish and the -loss of3II body ::En =" and mind; and )> e) incurred other damages. �� J _m a M s WHEREFORE, Karen Parkman prays for judgment against The City (@Ava G#y in® CMv amount sufficient to compensate her for her damages, together with costs and icMerest as prowided by low. Count 6 Bruce Parkman (Negligence/Failure to Inspect) Bruce Parkman for his cause of action against the City of Iowa City, states: 40. Plaintiff hereby incorporates by reference paragraphs 1-I4 and 34-38 herein. 0 E -FILED 2018 APR 05 2:18 PM JOHNSON - CLERK OF DISTRICT COURT 41. As a direct and proximate result of the negligence of the City of Iowa City, Bruce Parkman: a) has been and in the future wilt be deprived of the consortium of his wife, Karen Parkman, and b) has sustained other damages. WHEREFORE, Bruce Parkman prays for judgment against the City of Iowa City in an amount sufficient to compensate him for his damages, together with costs and Interest as provided by law. HAYES LORENZEN LAWYERS PLC r By J(tmes P. Hayes AIDM309 By. 11auen A. Lorenzen AT 00 2 By Michael Biderman AT00111.13 Plaza Centre One, Suite 580 125 S Dubuque Street lova City, IA 52240 Phone: (319) 887-3688 ATTORNEYS FOR PLAINTIFF t o v--4;8 ca s -n n-< �n N J r �r m a M= Co v 9 o 0 HSPS Legal Services 702 S. Gilbert St STE 111 Iowa City, IA 52240 Phone 3193542010 Client Eells & Tronvold Job: 2216479 Due: 05/052018 Recipient: City of Iowa Clty server: Robert Morales Fee: Case LACV079805 I Plaintiff I Salvatore Loschiavo Court JOHNSON COUNTY DISTRICT COURT I Defendant I City of Iowa City Documents Original Notice; Petition at Law and Jury Demand Instructions SERVE TO THE CITY CLERK ONLY. BE SURE TO GET THE FULL NAME OF THE CITY CLERK. City Clerk: Kellie Fruehling Address 410 E Washington St, Iowa City, IA 52240 Date & Time: Description of Service / Recipient City of Iowa City 0 C m ri-< ro _G 0 Age: Ethnicity: Gender: Weight Height: Hair: Eyes: [� Relationship: I hereb acknowledge receip f above listed Documents 6 CC,, 'FSA (AvObrai-- CA (-M0fYv -b-r\,) (M-nris; i E -FILED 2018 MAR 28 2:16 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SALVATORE LOSCHIAVO, ) Plaintiff, ) VS. ) CITY OF IOWA CITY, ) Defendant TO THE ABOVE-NAMED DEFENDANT: CASE NO. LACV079805 ORIGINAL NOTICE You are notified that a Petition at Law & Jury Demand 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 at Law & Jury Demand (and any documents filed with it) is attached to this notice. The Petition at Law & Jury Demand was filed on the 28'h day of March, 2018. The name and address of the attorney for the Plaintiff is Jeffrey R. Tronvold of the law firm of Eells & Tronvold Law Offices, PLC, whose address is 192151" Street NE, Cedar Rapids, Iowa 52402; that attorneys' telephone number is (319) 393-1020; and facsimile number is (319) 393.4000. 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 your motion or answer in the Iowa District Court for Johnson County, at the Courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. 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 1-319-398-3920, Ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advkt. 0 � m CLERK OF COURT (SEAL) Johnson County Courthouse r— Iowa City, IA 52240 = rn IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCLFfO PRw9TECT YOUR INTERESTS. E -FILED 2018 MAR 28 3:08 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Casa No LACV079805 County Johnson Case Dna SALVATORE LOSCHIAVO V. 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: htto://www. iowacourtsstate.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: hno:/tw .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) 3993920 . (If you are hearing impaired, call Relay Iowa TTY at 1-000.7352942.) Date/ssued 03/28/2018 03:08:56 PM District Clerk of Johnson /s/ Wendy Lonngren N O_ Q m a D� • -I � County �.x = C;; Q D p E -FILED 2018 MAR 28 2:16 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SALVATORE LOSCHIAVO, ) Plaintiff, ) VS. CITY OF IOWA CITY, ) Defendant. ) CASE NO. LACV079805 PETITION AT LAW AND JURY DEMAND COMES NOW the Plaintiff, Salvatore Loschiavo, by and through his undersigned attorney, and for his cause of action against the Defendant, City of Iowa City, states as follows: PARTIES, JURISDICTION, AND VENUE Plaintiff Salvatore Loschiavo (hereinafter referred to as "Salvatore") was at all times material hereto a resident of Crystal Lake, Illinois. 2. Defendant City of Iowa City is a city organized under Iowa law located in Johnson County, Iowa. action. The Court has jurisdiction over the subject matter and parties to this cause of 4. Salvatore's damages exceed the jurisdictional amount of the small claims court. COUNT I ,y NEGLIGENCE m o 5. A a On or about April 1, 2016, Salvatore was walking down a walk ja* to .� d*: -q; w r pedestrian mall in Iowa City. -<r M m 6. At the time he was walking, it was dark. g� c p D C 7. As Salvatore came to the end of the walk entering the pedestrian mall area, he turned left in front of the establishment named Martinis. E -FILED 2018 MAR 28 2:16 PM JOHNSON - CLERK OF DISTRICT COURT 8. As he turned left, he came in contact with an unprotected, unlit and unmarked water hydrant that was at mid -leg level. 9. Salvatore was visiting from out of town and was not familiar with the hydrant and had no reason to know of its placement. 10. On that date, the Defendant owned, operated, controlled, and managed the premises. 11. The Defendant had other similar devices in that area and throughout the city that were appropriately protected from the public and identified. 12. Salvatore fell as a result of the unreasonably dangerous condition created by the Defendant, and the Defendant had actual and/or constructive knowledge. 13. The Defendant was negligent in one or more of the following particulars: a. failing to maintain the property in a reasonably safe condition; b. failing to inspect the property to determine the unsafe condition; C. failing to warn lawful visitors of the unsafe and dangerous condition of the property; d. creating an unreasonably dangerous condition; and, e. failing to act as a reasonable owner of such property under the circumstances then and there existing. 14. The negligence of the Defendant was a proximate cause of the injuries and damages sustained by Salvatore, including, but not limited to: past, present, and future pain and suffering; emotional distress and mental anguish; past, present, and future loss of earning capacity and future earnings; past, present, and future medical and hospital expenses, charges, and services; past, present, and future loss of body and mind; and, permanent scarring and �.a disfigurement, and permanent damage and disability to her person. o � C WHEREFORE, Plaintiff Salvatore Loschiavo prays for judgment agaiiRl4tte endaai; C,)-< � r in an amount sufficient to fairly and adequately compensate him for his injurie4 ses rn Ig d M 4'a D o E -FILED 2018 MAR 28 2:16 PM JOHNSON - CLERK OF DISTRICT COURT damages; for interest thereon as provided by law; the costs of this action be assessed to the Defendant; and for such other and further relief as is just under the premises. 41i:I`1i7alu/n q COMES NOW, Plaintiff Salvatore Loschiavo, by and through his attorney, and hereby requests a trial by jury in this matter. Respectfully Submitted, By: /s/ Jeffrey R Tronvold Jeffrey R. Tronvold AT0007892 EELLS & TRONVOLD LAW OFFICES, P.L.C. 192151 st Street N.E. Cedar Rapids, Iowa 52402 Telephone: #(319) 393-1020 Facsimile: #(319) 393-4000 E -Mail: Jeffaa.eells-tronvold.com ATTORNEYS FOR PLAINTIFF =;n � r � .<rM rn v E5= cm w a END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOSHUA VENCKUS, ) Plaintiff, ) NO. LACV079763 V. ) CITY OF IOWA CTI'Y, ANDREW RICH, ) ACCEPTANCE OF SERVICE And JOHNSON COUNTY, IOWA ) Defendants. ) LLty Cler COMES NOW, the undersigned L ' A ,sad hereby acknowledge service of the Plaintiffs Petition at Law and Jury Demand and Original Notice in the above captioned matter. Dated this the kof _ f i' -t rCk, , 2018 Kellie Fruehlin City Clerk N O_ (� n m = C-) �r m .9 M � = 0 v C.) ce IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOSHUA VENCKUS, ) Plaintiff, ) NO. LACV079763 V. ) CITY OF IOWA CITY, ANDREW RICH, ) ACCEPTANCE OF SERVICE And JOHNSON COUNTY, IOWA ) Defendants. ) COMES NOW, the undersigned attorney and hereby acknowledge service of the Plaintiffs Petition at Law and Jury Demand and Original Notice in the above captioned matter. Dated this the kof /Kt rrJ,,, , 2018 Kellie Fruehlin City Clerk FIfq ( ry-e ) CC�t (Tho CA+m-) Cit (YNcCkr;s%) N O CD 07 n b ci-G Ql �C Cr- M M o� 0 w v E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOSHUA VENCKUS, Plaintiff, No. LACV V. ORIGINAL NOTICE CITY OF IOWA CITY, ANDREW RICH, and JOHNSON COUNTY, IOWA Defendants TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition at Law (and any documents filed with it) in the above -entitled action, a copy of which Petition is attached hereto, naming you as the Defendant. The attorneys for the Plaintiff are Martin A. Diaz, address 1570 Shady Ct NW, Swisher, IA 52338, Telephone: 319.339-4350, Facsimile: 319. 319.339-4426 and M. Victoria Cole, address 2310 Johnson Avenue NW, Cedar Rapids, Iowa 52405 with telephone number of (319) 261-2600, and facsimile number of (319) 826-1281. You must file 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 in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. This case has been filed in a county that uses electronic filing. You must register to a -file through the Iowa Judicial Branch website at HTTPS://www.iowacourts.state.ia.us/Efile. If you are unable to proceed electronically, you must receive permission from the Court to file on paper. Contact the Clerk of Court in the county where the petition was fled for more information on being excused from electronic filing. If you electronically file your Answer or Motion, it will be served automatically on Plaintiff or on Plaintiffs attomey(s) if Plaintiff is registered with the system. A notice of electronic filing (NEF) will tell you if the court has excused Plaintiff from electronic filing. If the court has excused the Plaintiff from electronic filing, you must mail a copy of your Answer or Motion to Plaintiff. 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, available on the Iowa Judicial Branch website. For Court Rules on the Protection Order of Personal Privacy in court filings, refer to Division VI of the Iowa Court Rules, Chapter 16. 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 319-833-3332. (If you are hearing impaired, call relay Iowa TTY at 1-800-735-2942.). Disability coordinators cannot provide legal advice. /s/ CLERK OF THE ABOVE COURT c Johnson County Courthouse ,� m n Iowa City, Iowa33. >� Note: C-) The attorney who is expected to represent the Defendant should be promptly advised by fi;;iWen8a t of fie service of this notice. :gym -0 m v - E -FILED 2018 MAR 15 3:47 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Caw No.LACV079763 Counfy Johnson Case Title JOSHUA VENCKUS VS CITY OF IOWA CITY. 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 htto://www.iowawurts.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://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 03/15/2018 03:47:12 PM District Clerk of Johnson County /s/ Alison Meade rJ O (-) �M M rn � a 0 v _ E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOSHUA VENCKUS, Plaintiff, V. CITY OF IOWA CITY, ANDREW RICH, and JOHNSON COUNTY, IOWA Defendants PETITION AT LAW AND JURY DEMAND COMES NOW Joshua Venckus and, for his cause of action against these defendants, states: PARTIES 1. Plaintiff Joshua Venckus is a resident of Cook County, Illinois 2. Defendant City of Iowa City is a governmental entity and operates the Iowa City Police Department. 3. Defendant Andrew Rich (herein "Rich") is a resident of Johnson County, Iowa and was at all times relevant an employee of the City of Iowa City Police Department (herein "police"), employed as an Investigator. 4. Defendant Johnson County, Iowa is a governmental entity and operates the Johnson County Attorney's Office (herein "JCAO"). That employees of JCAO whom through their actions, have bound Defendant Johnson County include but may not be limited to: Janet Lyness, Dana Christiansen, Naeda Elliott, and Anne Lahey. O ::En 3 > n -G -i C] r �r Ms -v M E3= ca � Page 1 of 10 )> _ E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT FACTUAL ALLEGATIONS 5. That Plaintiff left the State of Iowa for Illinois on 02/15/2013 and did not return to the State of Iowa until 02/17/2013. 6. That Plaintiff did not have a vehicle during the weekend of 02/15-17/2013, nor did he have a license at said time. 7. That during 2/15/13 and 2/17/13, Michael Concannon served as Plaintiffs driver to and from the State of Illinois. 8. That on 2/15/13, while Plaintiff was out of town at his parents' home at 6512 S. Knox Avenue, Chicago, Illinois, Plaintiffs roommates hosted a "Cowboys and Indians' themed party at the home shared with Plaintiff, 516 S. Van Buren Street, Iowa City, Johnson County, Iowa 52240 (herein "the residence'). 9. That L.M., a young woman whom Plaintiff has never met, attended said party. 10. That one Ryan Lee Markley, an individual Plaintiff had never met prior to 2/16/13, attended the same party. 11. That L.M. became extremely intoxicated to the point of getting sick and incapacitated. 12. That party -goers tended to L.M. and made her comfortable on a couch. L.M. was further covered with pillows and a blanket. 13. That L.M. was covered with Plaintiffs blanket retrieved from his bedroom. 14. Unbeknownst to the occupants of the home, the blanket covering L.M. was replete with Plaintiffs DNA. _ �{ m Cn :fir -o m m s g� w Page 2 of 10 '� _ E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT 15. After the party broke and all persons from outside the residence were asked to leave, Ryan Lee Markley broke into the residence during the early morning hours of 2/16/13, burglarized the residence, and perpetrated a sexual assault upon L.M. 16. Police were summoned to the scene after L.M. was able to escape and sought help from a Samaritan in the alley by the back door of the residence where the assault had taken place. house. 17. The Samaritan saw one assailant at the back door as L.M. ran out of the 18. Police found Markley's wallet outside a window well on the south side of the residence, Markley's handprint on the north window used for entry into the basement, and a boot imprint belonging to Markley's boot on a chair inside the window where entry was gained (north window) into the basement by Markley. 19. Markley stole a ceramic marijuana pipe from the basement which was later recovered at his apartment. 20. When interviewed, L.M. relayed only one voice from one assailant. 21. Iowa City Police Department interviewed all roommates of Plaintiff and upon his return, interviewed Plaintiff. All parties involved explained Plaintiff was in Chicago at the time of the crime. No one placed the Plaintiff at the house during the entire party. 22. During their investigation, the Iowa City Police Department focused solely on Ryan Lee Markley until DNA testing returned two DNA male profiles: one for Ryan Lee Markley and a second for an unknown male profile. N U 23. That the DNA found upon the body of the sexual assault victi�ALpn4ted epithelial fraction of Markley and sperm fraction of Plaintiff. C) — r-- ::;n (7" r -o m Page 3 of 10 0� s Q C4 D - E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT 24. Defendants sought court orders for over twenty (20) males to submit to DNA procedures, including the Plaintiff. 25. That Plaintiffs DNA found upon the victim consisted of only a sperm fraction with one single sperm found in the cervix. 26. That on January 24, 2014, Plaintiff was arrested on the following charges: Sexual Abuse in the Second Degree, Class "B" Felony, in violation of Iowa Code § 709.3. 27. The arrest was made by Defendant Rich based on an investigation for which he was principally responsible. 28. Prior to Plaintiff's arrest by Rich, Plaintiff turned over to Rich his cell phone and bank card in an attempt to prove to Rich his alibi. 29. Prior to said arrest, Plaintiff further offered to Rich the names of people that could vouch to Rich that Plaintiff was in the Chicago area during the time the crime was being committed in Iowa. 30. That Rich made the arrest of Plaintiff in Iowa City, Johnson County, Iowa, alleging the following facts: "On 2/16/12 (sic) several officers and detectives responded to the above address after a young woman was attacked and sexually assaulted. This investigation continued over the course of the last 11 months and through the collection and analysis of forensic evidence we have determined this Def participated in the attack and sexual assault of the victim. This Def stated during an interview that he was not even in IC when the attack occurred. However, DNA evidence developed in theMurse cam of this investigation proves the Def was not only present but participated #jSis � c-)ack –T] � — r and left the victim with multiple injuries requiring immediate medical atterwart." o", s m Page 4 of 10 z� w D E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT 31. That after Plaintiffs arrest, Plaintiff was prosecuted for the crime of Sexual Abuse in the Second Degree along with Ryan Lee Markley, a man Plaintiff only knew due to being charged together. 32. The prosecution was conducted by the Johnson County Attorney's Office. 33. That Plaintiff pled an alibi defense. 34. That in order to derail the anticipated alibi defense, Defendant Rich interviewed Michael Concannon, one of Plaintiff's alibi witnesses, and in the course of the recorded interview threatened him with prosecution if he did not change his testimony to implicate the Plaintiff. This act would constitute tampering with a witness. 35. That Plaintiff's and Markley's criminal trials were severed. 36. That on August 20, 2015, and on a continuous basis up until trial of Plaintiff in September of 2016, criminal defense attorney for the Plaintiff created a Google Drive, a file storage and synchronization service developed by Google that allows users to store files on their servers, synchronize files across devices, and share files. 37. That, on this Google Drive, criminal defense attorney placed all of the evidence that Plaintiff was relying upon to prove to the Defendants that a) Plaintiff was not in the State of Iowa at the time of the crime; and b) the DNA evidence relied upon by the Defendants was not reliable, particularly in light of the fact that Plaintiff was not physically present in the State of Iowa at the time of the sexual assault of the victim. 38. That this Google Drive was then shared with the Defendants upon its Page 5 of 10 r M 0 0 creation. ci m `"n a =rc- m Page 5 of 10 r M 0 E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT 39. That the criminal defense attorney for Plaintiff would then update the Google Drive upon uploading additional evidence and would notify the Defendants that it had been updated. 40. That the Google Drive was kept up to date and was made available to the Defendants contemporaneous with evidence being uploaded up to the time of trial in September 2016. 41. Despite the overwhelming evidence that Plaintiff could not have been the perpetrator and the clear evidence that Ryan Lee Markley was the sole perpetrator, the Defendants continued their reckless crusade to convict an innocent man of this awful crime. 42. That the Defendants either failed to review the information provided on the Google Drive, or recklessly and with malice ignored the information. 43. The Defendants' pursuit of Plaintiff was so reckless that they even agreed to offer a more lenient plea to the actual rapist, Ryan Lee Markley. 44. In return, Markley was to testify against the Plaintiff. 45. But, at trial, Markley was not called as a witness because Markley did not have any evidence that Plaintiff had been involved in this terrible assault. 46. As a result, Markley received a far more lenient sentence than he should have received. 47. That Defendants pressed forward against the Plaintiff despite the overwhelming evidence that he was in the Chicago area at the time of the assault 48. That Plaintiffs criminal defense lawyer provided the DefendanxQth %xpertt witness reports to establish that the DNA evidence of one sperm found inqka�cel`% �m m Page 6 of 10 �� c? E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT represented evidence of a transfer from the blanket covering the victim and could not represent the sole evidence of DNA left by a rapist. 49. That in response to the expert reports, the Defendants sought to find an expert that would testify that a transfer was not possible, and in doing so shopped for someone to testify at trial from the Iowa Division of Criminal Investigation. 50. The Defendants were told by Michael Halverson, the DNA Technical leader at DCI, that it was possible that dry sperm, if rehydrated, could transfer from the blanket. 51. That Defendants then withdrew Mr. Halverson as an expert witness. 52. The Defendants then pressured DCI DNA criminalist Tara Scott, who was supervised by Mr. Halverson, to offer an opinion that a transfer was not possible. They pressured her to offer such an opinion so that they could salvage the prosecution. 53. This effort at expert shopping was done because Plaintiffs criminal defense lawyer had provided a reasonable explanation for why only one sperm could be found in the body of the victim when the donor was 240 miles away. 54. That during the pendency of the prosecution, the JCAO filed an ethics complaint against Plaintiffs criminal defense attorney (in an unrelated case) in order to distract his attorney from preparing for trial or to force the withdrawal of said attorney. rare] 55. The ethics complaint was based on information that was nearly 3 months 56. The ethics complaint was eventually dismissed by the Attorney Disciplinary Board in July 2017 finding no convincing proof of ethical misconduct having occ6*ed. o cu 57. That Plaintiff was acquitted after a trial that began on Septem16. 'n �C r -<r M m = Page 7 of 10 D w 0 E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT 58. The defendants knew that their effort to convict Plaintiff would likely fail but pressed forward because they knew they had made a mistake in charging the Plaintiff and they did not want to make such an admission. 59. That Plaintiff has suffered damages from the continued criminal prosecution even though he was eventually acquitted. This included incurring substantial attorney's fees, suffering significant emotional distress, and suffering continuous harm to his reputation to this day from the defamatory allegation. CAUSES OF ACTION 1. Plaintiff asserts claims against the City of Iowa City and Andrew Rich for defamation, abuse of process and malicious prosecution. 2. Plaintiff asserts a claim of abuse of process against Johnson County, Iowa. 3. In addition, Plaintiff asserts a claim against all defendants for violation of his Iowa Constitutional rights as recently recognized by the Iowa Supreme Court in Godfrey v. State of Iowa. These constitutional rights include the right to freedom of movement and association as guaranteed by Article I, §1 of the Iowa Constitution; his right to liberty guaranteed by Article I, §1 of the Iowa Constitution; his right to due process, a fair trial, and equal protection guaranteed by Article I, §6 and §9 of the Iowa Constitution; and his right against unreasonable seizure guaranteed him by Article I, §8 of the Iowa Constitution. N 3. Because of the acts, omissions, and constitutional violations alleged, o o --� Plaintiff has suffered restrictions on his liberty, was deprived of his const[Ik=naight tP be free from unreasonable seizure of his person, suffered the humiliatioi�ntal m rn 'o Page 8 of 10 ca D — E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT anguish, and emotional distress of being wrongfully accused of a serious crime that subjects him to ridicule, hatred and loss of reputation, and he will suffer in the future economic loss, emotional distress and loss of reputation associated with the wrongful allegations, publication of these wrongful allegations and the violation of his civil rights, all to his damage and detriment in amounts to be proven at trial. In addition, Plaintiff has suffered economic loss in the form of attorney fees, litigation expenses and loss of income due to defending against the wrongful allegations. 4. In addition, under the Godfrey v. State of Iowa decision, Plaintiff seeks punitive damages against Defendant Rich and to the extent permitted, against the City of Iowa City and Johnson County, Iowa, in an amount that will deter them, and others similarly situated, from such conduct in the future. 5. The damages claimed exceed the jurisdictional limits pursuant to Rule 6.105 of the Iowa Rules of Appellate Procedure. WHEREFORE, Plaintiff prays for judgment against all defendants for a reasonable amount of compensatory damages sufficient to compensate him, together with punitive damages against each Defendant, attorney's fees and expenses, and for interest and costs as provided by law. JURY DEMAND Plaintiff hereby demands a trial by jury of all fact issues in this case. Respectfully submitted, /s/ Martin A. Diaz N o Martin A. Diaz 000009676 C s ICIS AT0002000 D—a 1570 Shady Ct NW C'' a, r Swisher, IA 52338 =gym m = Page 9 of 10 n E -FILED 2018 MAR 15 3:23 PM JOHNSON - CLERK OF DISTRICT COURT Telephone: 319.339-4350 Facsimile: 319.339-4426 E -Mail: marty(Dmartindiazlawfirm.com /s/ M. Victoria Cole M. Victoria Cole AT0001678 M. Victoria Cole Law Firm, P.0 2310 Johnson Avenue, NW Cedar Rapids, Iowa 52405 Telephone: 319.261-2600 Facsimile: 319.826-1281 E -Mail: Victoria(@attwictoriacole.com Page 10 of 10 N O e�mlllllll END OF CASE FILE