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E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY U.S.Bank National Association ) ) EQCV083199 Plaintiff, ) EQUITY NO: ) vs. ) ) ORIGINAL NOTICE Sheila I Stauffer a/k/a Sheila Stauffer,a/k/a Sheila Irene ) Stauffer;Estate of Corey A.Dietz,Deceased;Parties in ) Possession;City of Iowa City,Iowa;United States of ) America,Secretary of Housing and Urban Development; State ) of Iowa,Child Support Recovery Unit;Unknown Spouse,if ) any,of Sheila I Stauffer; Capital One Bank USA,N.A.; State ) of Iowa ) Defendants. ) To the above-named defendant City of Iowa City,Iowa,do City Clerk 410 E Washington ST,Iowa City,IA 52240: You are notified there was filed in the office of the Clerk of the above-named Court,a Petition, copies of which are attached hereto. The Plaintiff's attorney is Emily Bartekoske, c/o SouthLaw, P.C., 1401 50th Street Suite 100West Des Moines,IA 50266. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Johnson County,at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920,ext. 1105.Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942.Disability coordinators cannot provide legal advice. Clerk of the District Court Johnson County Courthouse Iowa City,Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT FILE ONCE TO PROTECT YOUR INTERESTS. C+C: FI --(�p� MAR 2 9 2022 CA---- horet+DY-1 City Clerk CA _ M r Iowa City, Iowa File No. 226040-933345 11111 I II 111111111 I II III III �� E-FILED 2022 FEB 14 2:06 PM JOHNSON-CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083199 County Johnson Case Title U.S. BANK N.A. VS SHEILA I STAUFFER You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/does/ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-thepublic/representing-voursclf!protect-personal-infonnation/. Scheduled Hearing: If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information, see www.iowacourts.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 02/14/2022 02:06.02 PM /', .� �', FILED Tom) „,), ., .< ,. :� MAR 2 9 2022 z uit.t+0 City Clerk District Clerk of Court or/by Clerk's Designee of Johnson County Iowa City, Iowa /s/Christine Roselund E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY U.S.Bank National Association Plaintiff, vs. Sheila I Stauffer a/k/a Sheila Stauffer, a/k/a Sheila Irene EQUITY N0:EQCV083199 Stauffer; Estate of Corey A. Dietz, Deceased; Parties in Possession; City of Iowa City, Iowa; United States of America, Secretary of Housing and Urban Development; FORECLOSURE PETITION State of Iowa, Child Support Recovery Unit; Unknown IN REM Spouse, if any, of Sheila I Stauffer; Capital One Bank USA, N.A.; State of Iowa; Defendants. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM THE ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. FORECLOSURE PETITION Plaintiff, U.S. Bank National Association, by and through its attorney, Emily Bartekoske of the firm of SouthLaw,P.C.,and for its cause of action against Defendant(s)states as follows: 1. The Plaintiff, U.S. Bank National Association, is a business organization duly authorized to transact business in the State of Iowa. FILED; File No.226040 MAR 2 9 2022 11111 11111 III I II III ��� City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT 2. Defendant(s) Sheila I Stauffer is resident(s) of Johnson County, Iowa and is believed to be single. 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2,&535.13. 4. Plaintiff elects to waive its right to a deficiency judgment against Corey A Dietz (deceased) and Sheila I Stauffer, and is seeking a judgment solely in rem against the subject real property described below. 5. On or about June 25, 2010, Corey A Dietz (deceased) and Sheila I Stauffer executed and delivered a promissory Note (the "Note") to Residential Mortgage Network, Inc., in exchange for good and valuable consideration,in the maximum principal sum of$133,691.00,together with interest. A copy of the Note is attached as Exhibit"A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 6. To secure repayment of the Note, Corey A Dietz (deceased)and Sheila I Stauffer made and delivered mortgage (the"Mortgage")to Mortgage Electronic Registration Systems,Inc.,as mortgagee,as nominee for Residential Mortgage Network, Inc., its successors and assigns, on the real property legally described as: Lot 30 of Part One Plum Grove Acres Subdivision, Iowa City, Iowa, according to the recorded plat thereof, commonly known as 730 Highland Ave, Iowa City, IA 52240 (the "Property"). 7. The Mortgage was recorded on June 30,2010,in Book No.4612,at Page 864, in the office of the Recorder of Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit "B" and incorporated by reference. 8. The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage and/or Certificate of Merger(s)attached as Exhibit"C"and incorporated by reference. F I L E 2 MAR 2 9 101Z File No. 226040 City Clerk Iowa City, Iowa • E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT Assignor Assignee Recorded Date Book Page Document Mortgage U.S. Bank March 17, 5483 238 Electronic National 2016 Registration Association Systems, Inc., as mortgagee, as nominee for Residential Mortgage Network, Inc., its successors and assigns 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the right to foreclose the Note and Mortgage. 10. Corey A Dietz (deceased) and Sheila I Stauffer failed to make the installment payments as they became due since April 1, 2019. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed. Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 13. Defendant(s) Sheila I Stauffer and U.S. Bank, N.A., in exchange for good and valuable consideration, entered into a Loan Modification Agreement, on July 1, 2016. The principal sum of the debt was increased to $88,342.09, representing the unpaid balance remaining together with any unpaid interest,advances and other amounts capitalized. A copy of the Loan Modification Agreement is attached as Exhibit"D"and incorporated by reference. FILED 3 MAR 2 9 2022 File No. 226040 City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT 14. Under the terms of the Note and Mortgage, upon default, Corey A Dietz (deceased) and Defendant(s) Sheila I Stauffer, agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. 15. An Affidavit of Attorney's Fees as required by Iowa Code Section §625.24 will be filed prior to the entry of a Decree of Foreclosure. 16. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.2B and 654.2D. More than 30 days have passed since the notice was given,and the default has not been cured. A copy of the Notice is attached as Exhibit"E"and incorporated by reference. 17. The Note and Mortgage provide that in the case of default,the holder of the note may declare the entire principal balance plus accrued interest due and payable. 18. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of Acceleration (the "Notice")and made demand for payment of the accelerated balance pursuant to Iowa Code §654.4B. Fourteen days has passed since the notice was given. A copy of the Notice is attached as Exhibit"F"and incorporated by reference. 19. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Corey A Dietz (deceased) and Defendant(s) Sheila I Stauffer the following: • a. the unpaid principal balance of the Note in the sum of$84,094.29 b. the unpaid interest which has accrued at the rate of 4.250% per annum from March 1, 2019,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); FILED 4 MAR 2 9 2022 File No. 226040 City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT e. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs,if applicable, f. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property;and g. the costs of this action,including reasonable attorney's fees. 20. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the Defendant(s)may have or may claim to have some right,title or interest in or to the Property, but any such claim is inferior and subject to the lien of the Mortgage. 21. Corey A Dietz (deceased) and Defendant(s) Sheila I Stauffer and State of Iowa, Child Support Recovery Unit are named by reason of a divorce or child support proceeding filed in the District Court of Johnson County,Iowa,as Case No. CDDM018147. Due to the divorce decree or child support order and any subsequent award order, or judgment, the Defendant(s) may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiff's Mortgage. 22. Defendant Sheila I Stauffer is the current owner of the Property by virtue of a Quit Claim Deed, recorded on November 17, 2015 in the office of the Recorder of Johnson County, Iowa in Book 5445 Page 834 and by virtue of a Change of Title,recorded on June 14,2017 in the office of the Recorder of Johnson County,Iowa in Book 5662 Page 174. Defendant Sheila I Stauffer may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiff's Mortgage. 23. Defendant Estate of Corey A Dietz, Deceased has been named as a known heir by virtue of Probate Case No. ESPR033774, filed in the Iowa District Court of Johnson County. Any interest Defendant Estate of Corey A Dietz,Deceased may have in the Property in junior and inferior to Plaintiff's Mortgage. F % LED D. 5 MAR 2 9 2022 File No.226040 City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT 24. Defendant(s) Parties in Possession are named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 25. Defendant City of Iowa City, Iowa has been named by virtue of a junior mortgage securing a debt in the original principal amount of $25,000.00 recorded on April 11, 2014 in the office of the Recorder of Johnson County, Iowa,in Book 5219 at Page 31 and by virtue of judgments filed in the Iowa District Court of Johnson County, as Case No. ICCISC099780 and ICCISC099991 and NTA0245921. Defendant City of Iowa City, Iowa may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 26. Defendant United States of America, Secretary of Housing and Urban Development has been named by virtue of a junior mortgage securing a debt in the original principal amount of$36,287.13 recorded on July 13, 2016 in the office of the Recorder of Johnson County, Iowa, in Book 5535 at Page 390. Defendant United States of America, Secretary of Housing and Urban Development may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 27. Defendant Capital One Bank USA,N.A.has been named by virtue of a judgment filed in the Iowa District Court of Johnson County, as Case No. SCSC089589. Defendant Capital One Bank USA, N.A. has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s)against the Property. Defendant Capital One Bank USA,N.A.may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 28. Defendant State of Iowa has been named by virtue of judgments filed in the Iowa District Court of Johnson County, as Case No. SMSM101039 and SCSC089589 and SRCR107136 and SRCR108248. Defendant State of Iowa has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s)against the Property. Defendant State of may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs M a e E D 6 MAR 2 9 2022 File No. 226040 City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT 29. Defendant Sheila I Stauffer was married to Corey A Dietz (deceased) at the time of the execution of the Note and Mortgage, and is now believed to be single. Defendant Unknown Spouse, if any, of Sheila I Stauffer has been named by virtue of his/her marital interest in the event that Sheila I Stauffer has since remarried, however, any such interest would be junior and inferior to Plaintiff's Mortgage. 30. Sheila I Stauffer filed for relief under Chapter 7 of the United States Bankruptcy Code in the Northern District of Iowa in Case No 17-00232.A Discharge was granted and the case closed on July 18, 2017. 31. Plaintiff prays for a judgment against the Property for the following: a. the unpaid principal balance of the Note in the sum of$84,094.29 b. the unpaid interest which has accrued at the rate of 4.250% per annum from March 1, 2019,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale,including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attomey's fees and court costs,if applicable, f. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property;and g. the costs of this action,including reasonable attorney's fees. Plaintiff prays that the Mortgage be declared a first and prior lien on the Property, superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective FILED 7 File No.226040 MAR 2 9 2022 City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale. Plaintiff prays that its Mortgage be foreclosed and that all junior and inferior liens and mortgages be barred from claiming any right,title,or interest in the Property. Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution should issue for the sale of the Property and the proceeds should be applied to Plaintiff's judgment,together with interest,costs,and accruing costs including,but not limited to,any and all advances made by the Plaintiff for taxes, insurance,property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale. From and after the sale under special execution,the right,title, lien or interest of the Defendant(s)in the Property should be forever cut off,barred and foreclosed,and the purchaser at the sale shall take the Property free and clear of any right, title,lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County,Iowa,to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants,provided that the court first finds that(a) all equitable titleholders who have not abandoned the Property have consented to such sale; and (b) the terms of such sale are commercially reasonable. FCLEw MAR 2 9 2022 City Clerk 8 Iowa City, Iowa File No. 226040 E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT Plaintiff prays for such other and further relief as may be just and equitable in the premises. Respectfully Submitted, SouthLaw,P.C. /s/Emily Bartekoske Emily Bartekoske(AT0010255) 1401 50th Street Suite 100 West Des Moines,IA 50266 (515)223-7325,ext.369 (515)223-7276(Fax) Emily.Bartekoske@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. MAR 2 9 2022 9 City Clerk File No.226040 Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT Ir 1 FHA Case No. June 25,2010 NOTE MIN: I Date] 730 Highland Ave Iowa City,IA 52240 (Property Address] I. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"means Residential Mortgage Network,Inc. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of One Hundred Thirty Three Thousand Six Hundred Ninety One and 00/100 Dollars(U.S.$133,691.00 ), plus interest,to the order of Lender.Interest will be charged on unpaid principal,from the date of disbursement of the loan proceeds by Lender,at the rate of Five and 000/1000 percent ( 5.000%)per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated that same date as this Note and called the"Security Instrument."That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A)Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on August 1st , 2010 .Any principal and interest remaining on the 1st day of July 2040 ,will be due on that date,which is called the"Maturity Date". (B) Place Payment shall be made at 2461 loth Street Suite 308 Coralville,IA 52241 or at such other place as Lender may designate in writing by notice to Borrower. (C)Amount Each monthly payment of principal and interest will be in the amount of U.S.S 717.68 . This amount will be part of a larger monthly payment required by the Security Instrument,that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D)Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note,the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as ifthc allonge were a part of this Note. (Check applicable box.] ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other[specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the first day of any month.Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary.If Borrower makes a partial prepayment,there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note,by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and 000/1000 percent( 4.000%) of the overdue amount of each payment. FHA Multistate Note-10/95 Page I oft 103.Cv0o,ns) lCiltat • tt �f%�• 4 Oi k;afan• • " I MAR 2 9 2012 _ City Clerk Iowa City, Iowa GOTO(000baal) • E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT r (B)Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in Sill in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note,"Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C)Payment of Costs and Expenses If Lender has required immediate payment in full,as described above,Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require Lender to demand payment of amounts due. "Notice of dishonor"means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. The undersigned borrower(s)receipt of a copy of this instrument. (SEAL) Borrowet Corey A.Dietz n jikt,,,ley lam( cifF-u,64 (SEAL) Borrower Sheila I.Stauffer (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower Pay to the Order Of U.S.Bank National Association Without Recourse Pay to the order of Residential Mortgage Network,Inc. s. Without Recourse U.Sit.:Er 'MtP o � LED . B�` <�2 rck House,*resident Vice President MAR 2 9 zon 1103.CY(ICBM IC12165 Page or2 City Clerk Iowa City, Iowa GOTO(000bsR7) L E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT ti • ADDENDUM TO NOTE: NOTICE ORAL OR IMPLIED CHANGES TO THE ACCOMPANYING CREDIT AGREEMENT OR ANY OTHER CREDIT AGREEMENT(S)(EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) WITH THIS LENDER ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON. IMPORTANT: READ BEFORE SIGNING THE AGREEMENT(S) ACCOMPANYING THIS NOTICE. THE TERMS OF THE AGREEMENT(S) SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE, NO OTHER TERMS NOT CONTAINED IN THE WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THE AGREEMENT(S)ONLY BY ANOTHER WRITTEN AGREEMENT.THIS NOTICE ALSO APPLIES TO ANY OTHER CREDIT AGREEMENTS (EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) NOW IN EFFECT BETWEEN YOU AND THIS LENDER. The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument .9.30a&' Qt--(Lu,iztp B°^owerCorey A.Dietz Bormwer Sheila 1.Stauffer Borrower Borrower Bon ower Borrower June 25,2010 Dale I Ifl{ Il MAR 2 9 2022 B:IADDENNOT.LET City Clerk 1916.CT Plus(9/97) Iowa City, Iowa E-PILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF Doc ID: 021875610006 Type: DEN Kind: MORTGAGE Recorded: 06/30/2010 at 01:55:C6 PM Fee Ant: $34.00 Page 1 of 6 Johnson County Iowa Kim Painter County Recorder BK4612 PG864-869 (Space above reserved for Recorder of Deeds certification] Prepared By:Michelle A.Kaas Residential Mortgage Network,Inc.2461 10th Street Suite 308 Coralville,IA 52241 (319)354-7501 When Recorded Return To:Residential Mortgage Network,Inc.2461 10th Street Suite 308 Coralville, IA 52241 I. Title of Document:MORTGAGE 2. Grantor(s):Corey A.Dietz and Sheila I.Stauffer,husband and wife 3. Grantee(s):Residential Mortgage Network,Inc. 4, Statutory Mailing Address(s):2461 10th Street Suite 308 Coralville,IA 52241 5. Legal Description:Page 2 6. Parcel Identification Number:1015412014 o k_ 9 7. Document or Instrument H: l MAR 2 9 ZOZZ City Clerk 10W3 City, Iowa 1 Initials Page 1 ors cor soobanf 16257.CV(5n9) IC12165 g L , [-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT State of Iowa MORTGAGE FHA Case MIN: THIS MORTGAGE("Security Instrument")is given on June 25th , 2010 .The mortgagor is Corey A.Dietz and Sheila I.Stauffer,husband and wife ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems,Inc.("MERS")(solely as nominee for Lender,as hereinafter defined,and Lender's successors and assigns),as beneficiary.MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel. (888)679•MERS. Residential Mortgage Network,Inc. ("Lender') is organized and existing under the laws of the State of Iowa , and has an address of 2461 10th Street Suite 308 Coralville,IA 52241 Borrower owes Lender the principal sum of One Hundred Thirty Three Thousand Six Hundred Ninety One and 00/100 Dollars(U.S.$I33,691.00 ).Thisdebtis • evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on July 1,2040 .This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note;(b)the payment of all other sums,with interest,advanced under paragraph Ito protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS the following described property located in Johnson County,Iowa: Lot 30 of Part One Plum Grove Acres Subdivision,Iowa City,Iowa,according to the recorded plat thereof. • THIS IS A PURCHASE MONEY MORTGAGE • which has the address of730 Highland Ave Iowa City (Soectl ICity1. Iowa 52240 ("Property Address"); Izto Core) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property". Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument;but, if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's sur etsorsand assigns)has the right: to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to,releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1.Payment of Principal,Interest and Late Charge.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Tascs,Insurance,and Other Charges. Borrower shall include in each monthly payment,together with the principal and interest as set forth in the Note and any late charges,a sum for(a)taxes and special I j assessments levied or to be levied against the Property,(b)leasehold payments or ground rents on the Property,and(c) j 5ttI Fi premiums for insurance required under Paragraph 4.In any year in which the Lender must pay a mortgage insurance `� premium to the Secretary of Housing and Urban Development("Secretary"),or in any year in which such premium would have been required if Lender still held the Security Instrument,each monthly payment shall also include either:(i)a sum for MAR 2 9 2022 the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)a monthly charge instead ofa mortgage insurance premium if this Security Instrument is held by the Secretary,in a reasonable amount to be determined by the Secretary.Except for the monthly charge by the Secretary,these items are called"Escrow Items"and the sums paid to Lender City Clerk are called"Escrow Funds." Lender may,at any time,collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that maybe required for Borrower's escrow account under the Real Estate Settlement Procedures Act of Iowa City, Iowa 1974,12 U.S.C.§2601 et seq.and implementing regulations,24 CFR Part 3500,as they may be amended from lime to time ("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage in ce pr ium. Initial ( 16257.CV(sins) ICt2165 Page 2 of5 GOTG(000bsno r I �E-FILED 2022 FEB 14 12:08 PM JOHNSON-CLERK OF DISTRICT COURT If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,Lender shall account to Borrower for the excess funds as required by RESPA.1 fthe amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due,Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.If Borrower tenders to Lender the full payment of all such sums,Borrower's account shall be credited with the balance remaining for all installment items(a),(b),and(c)and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary,and Lender shall promptly refund any excess funds to Borrower.Immediately prior to a foreclosure sale of the Property or its acquisition by Lender,Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c). 3.Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows: First,to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second,to any taxes,special assessments,leasehold payments or ground rents,and fire,flood and other hazard insurance premiums,as required; Third,to interest due under the Note; Fourth,to amortization of the principal of the Note;and Fifth, to late charges due under the Note. 4.Fire,Flood and Other Hazard Insurance.Borrower shall insure all improvements on the Property,whether now in existence or subsequently erected,against any hazards,casualties,and contingencies,including fire,for which lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires.Borrower shall also insure all improvements on the Property,whether now in existence or subsequently erected,against loss byfloods to the extent required by the Secretary.All insurance shall be carried with companies approved by Lender.The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. In the event of loss,Borrower shall give Lender immediate notice by mail,Lender may make proof of loss if not made promptly by Borrower.Each insurance company concerned is hereby authorized and directed to make payment for such loss directlyto Lender,instead of to Borrower and to Lender jointly.All or any part ofthe insurance proceeds maybe applied by Lender,at its option,either(a)to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order in Paragraph 3,and then to prepayment of principal,or(b)to the restoration or repair of the damaged Property.Anyapplication of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2,or change the amount of such payments.Any excess insurance proceeds over an amount required to pay ail outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,all right,title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5.Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application; Leaseholds.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days ofa later sale or transfer ofthe Property)and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender determines that requirement will cause undue hardship for Borrower,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall notify Lender of any extenuating circumstances.Borrower shall not commit waste or destroy,damage or substantially change the Property or allow the Property to deteriorate,reasonable wear and tear excepted.Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default.Lender may take reasonable action to protect and preserve such vacant or abandoned Property.Borrower shall also be in default if Borrower, during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy ofthe Property as a principal residence.lfthis Security Instrument is on a leasehold,Borrower shall comply with the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in place of condemnation,are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security instrument.Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order provided in Paragraph 3,and then to prepayment of principal.Anyapplication of the proceeds to the principal shall not extend or postpone the due date ofthe monthly payments, which are referred to in Paragraph 2,or change the amount of such payments.Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges,fines and impositions that are not included in Paragraph 2.Borrower shall pay these obligations on time directly to the entity which is owed the payment.If failure to pay would adversely affect Lender's interest in the Property,upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2,or fails to perform any other covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is nerwacary to protect the value of the Property and Lender's rights in the Property, including payment of taxes,hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument.These amounts shall bear interest from the date of disbursement at the Note rate,and at the option of Lender,shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower;(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to • liana prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part ofthe Property is subject toe lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall MAR 2 9 2022 satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8.Fees. Lender may collect fees and charges authorized by the Secretary. 9.Grounds for Acceleration of Debt. City Clerk (a) Default. Lender may,except as limited by regulations issued by the Secretary in the case of payment defaults,require immediate payment in full of all sums secured by this Security Instrument if. IoW4i City, Iowa (i) Borrower defaults by failing to pay in full any monthly payment required by this S urity Instrument • prior to or on the due date of the next monthly payment,or Pees 3 of 5 Initial 16257.CV(S/09) IG12165 GO nano E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT (ii) Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval.Lender shall,if permitted by applicable law(including section 341(d)of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d))and with the prior approval of the Secretary,require immediate payment in full of all the sums secured by this Security Instrument if: (i) All or part of the Property,or a beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,or the purchaser or grantee does so occupy the Property,but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary.In many circumstances regulations issued by the Secretary will limit Lender's rights,in the case of payment defaults,to require immediate payment in full and foreclose if not paid.This Security Instrument does not authorize acceleration or foreclosure ifnot permitted byregulations of the Secretary. (e) Mortgage Not lnsu red.Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 from the date hereof;Lender may,at its option require immediate payment in full of all sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subsequent to 60 from the date hereof,declining to insure this Security Instrument and the Note,shall be deemed conclusive proof of such ineligibility.Notwithstanding the foregoing,this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10.Reinstatement.Borrower has a right to be reinstated ifLender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument.This right applies even after foreclosure proceedings are instituted.To reinstate the Security Instrument,Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,to the extent they are obligations of Borrower under this Security Instrument,foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding.Upon reinstatement by Borrower,this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.However,Lender is not required to permit reinstatement if:(i)Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding,(ii)reinstatement will preclude foreclosure on different grounds in the future,or(iii)reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability ofthe original Borrower or Borrower's successor in interest.Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for paymentor otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiverofcr preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of Paragraph 9(b).Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms ofth is Security Instrument;(b)is not personally obligated to pay the sums secured bythis Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 13.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by nailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 10.Governing Law;Severability,This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. IS.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16.Haza rdous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the •f� ly�j�� Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or w LLse. storage on the Property of small quantities ofHazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by MAR 2 9 2022 any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or • Environmental Law of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, City Clerk Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Y As used in this paragraph 16, `Hazardous Substances"are those substances defined as toxic or hazardous Iowa City, Iowa substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in the paragraph 16,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17.Assignment of Rents.Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.Borrower authorizes Lender or Lender agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender agents.However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument,Borrower shall collect and receive all rents and revenues f t e Property as trustee for the benefit of Lender and Borrower.This assignment of rents constitutes an absolute ign t 16257.ev(9e9) [C12163 Pate 4of5 Initials' 0 ro(otobent E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT • not an assignment for additional security only. If Lender gives notice of breach to Borrower:(a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only,to be applied to the sums secured by the Security Instrument;(b)Lender shall be entitled to collect and receive all of the rents of the Property;and(c)each tenant of the Propertyshall pay all rents due and unpaid to Lender or Lender agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach to Borrower.However,Lender or a judicially appointed receiver may do so at any time there is a breach.Any application of rents shall not cure or waive any default or invalidate any other right or remedy offender.This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18.Foreclosure Procedure.if Lender requires immediate payment in full under Paragraph 9,Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18,including,but not limited to,reasonable attorneys'fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9,the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994("Act")(12 U.S.C.3751 et seq.)by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19.Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20.Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 21. Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to(months.tithe court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code oflowa. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)]. ❑Condominium Rider ❑Growing Equity Rider ®Other[specify] ❑Planned Unit Development Rider ❑Graduated Payment Rider Tax Exempt Financing Rider BY SIGNING BELOW,Borrower accepts and agrees to the terms contained in this Security Instrument and Many rider(s)executed by Borrower and recorded with it. The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument. Witnesses: (Seal) Borrower Corey A.Dietz (Seal) Bo °we,' Sheila I.Stauffer (Seal) Borrower (Seal) Borrower [Space Below This Line For Acknowledgment[ STATE OF Iowa COUNTY OF Johnson This instrument was acknowledged before me on June 25,2010 ,by Corey A.Dietz and Sheila I. Stauffer,husband and wife 15 nature:V,\'' r►1 EV 1NG n6 N `�I 1 sE55sG�No E ?21es ica L.Grevi ` Notary Public MAR 2 9 2022 coNy m ism`_'-Name(typed o prints.) City Clerk wW My Commission expires:03/12/2011 r 16257.CV(5/09) ICI2165 Pages of5 GOTO(OOOb8n0 IOWa lty, Iowa A.r°��` JESSICA I.GREVING i Commission Number 183646 My Commission Expires row March 12,2011 L E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT s FHA/VA RIDER TO MORTGAGE This Rider to Mortgage, made the date noted below, is incorporated into and shall be deemed to amend and supplement the Mortgage of the same date given by the undersigned(the"Mortgagor")to secure the Mortgagor's Note Residential Mortgage N.e Fork,Inc. (herein,the"Lender") and covering the property described in the Mortgage(the"Property")to which this Rider is attached. The provisions hereof shall prevail notwithstanding any contrary provisions in any note or other instrument which evidences the I obligations secured by the Mortgage. As long as the Mortgage is held by the Iowa Finance Authority or backs a mortgage-backed security held by the Iowa Finance Authority, U.S.Bank National Association (the"Servicer") or such of'its successors or assigns as may by separate instrument assume responsibility for assuring compliance by the Mortgagor with provisions of this Rider,may declare all sums secured by the mortgage to be immediately due and payable if: I)all or part of the property is sold or otherwise transferred(other than by devise,descent or operation of the law)by the Mortgagor to a purchaser or other transferee: a. who cannot reasonably be expected to occupy the property as a principal residence within a reasonable time after the sale or transfer,all as provided in Section 143(c)and(i)(2)of the Internal Revenue Code of 1986,as amended(the"Code");or b.who has had a present ownership interest in a principal residence during any part of the three-year period ending on the dater of the sale or transfer,all as provided in section 143(d)and(i)(2)of the Code(except that the language"100 percent"shall be substituted for"95 percent or more"where the latter appears in Section 143(d)(I)),unless the property is in a Targeted Area;or c.at an acquisition cost which is greater than 90 percent of the average area purchase price(greater than 110 percent for Targeted Area residences),all as provided in Section 143(e)and(i)(2)of the Code;or d.who has a gross family income in excess of applicable median family income;all as provided in Section 143(I)and(i)(2)of the Code:or 2) the Mortgagor fails or ceases to occupy the property without the prior written consent of the Mortgagee or its successors or assigns;or 3)the Mortgagor omits or misrepresents a fact that is material with respect to the provisions of Section 143 of the Code in the application for the Mortgage which secures the Note. References are to the Code in effect on the date of the execution of the Mortgage and are deemed to include the applicable • implementing regulations. By signing below,the Mortgagor(s)accepts and agrees to the terms of the Rider to the Mortgage. Date:June 25,2010 Corey A.Dietz Sheila I.Stauffer Printed Name of-Borrower Print d sine of Co-Borrower Signature of Borrower Signature of Co-Borrower %I This instrument was acknowledged before me on June 25,2010 By yore i ant Sheila 1.Stauf usband and wife as Mortgagor(s) 03/1om m s 1 , T�7 R�f id for said Slate My Commission Expires „�{ Jess'•ca .Greying 6) t,,, -..;; MILE)14A 11/2008 t4157.CV(12/08) tCt2l&s . MAR 2 9 2022 `al"r,, JESSICA l GREVING z.o.. .: commissionNumberta3646 City Cle �( 1y1 r My Commission Expires IOW March 12,2011 Iowa Cit r, lowa payer oft E-FILED 2022 FEB 14 12:08 PM JOHNSON-CLERK OF DISTRICT COURT BK:5483 PG: 238 Recorded:3/17/2016 at 3:55:13.400 PM Fee Amount: $7.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Prereird US Bank/Mortgage Ate:809 S.60th Street,Suite Nwnt,.•r:866-787-9167 x By: Servicing 210, 259-3816 Mary J Irwin West Allis,WI 53214-0000 ASSIGNMENT OF MORTGAGE MIN: MERS Phone#:(888)679-6377 Customer Number. Service Number. Loan Number— PIN#: For good and valuable consideration,the sufficiency of which is hereby acknowledged,MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK.INC.,ITS SUCCESSORS AND ASSIGNS,C/O P.O.BOX 2026,FLINT, MI 485012026,by these presents does convey,assign,transfer and set over to:U.S.BANK NATIONAL ASSOCIATION,4801 FREDERICA STREET,OWENSBORO,KY 423010000*the described Mortgage,with all interest,all liens,and any rights due or to become due thereon.Said Mortgage for$133691.00 is recorded in the State of IA,County of Johnson Official Records,dated 06/25/2010 and recorded on 06130/2010,in Book No.4612,at Page No.864-869.and re-recorded as Instrument No.,in BookNo.—,at Page— Original Mortgagor.COREY A.DIETZ AND S.IIEILA I.STAUFFER,HUSBAND AND WIFE Original Mortgagee:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK,INC.,ITS SUCCESSORS AND ASSIGNS Property Address:730 HIGHLAND AVE IOWA CITY,IA 522400000 Date:03/17/2016 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK,INC.,ITS SUCCESSORS AND ASSIGNS Janice D Dela Cruz,Assistant Secretary STATE OF WISCONSIN COUNTY OF MILWAUKEE}s's' This instrument was acknowledged before me on 03/17/2016,by Janice D Dela Cruz,Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK,INC.,ITS SUCCESSORS AND ASSIGNS. ?D,� tY Pv + 94,744 �'k�u MAR 2 9 2QZ2 # JANICE tr City Clerk Janice Abner,Notary Public ABNER MyConunission Expires:12/i0/2017 +} $ Iowa City, Iowa AND WHEN RECORDED MAIL TO:US Bank/Mortgage Servicing 809 S.60th Street Suite 210 West Allis WI 53214-0000, ATTN:Mary J Irwin Exwi a r. Book: 5483 Page: 238 Seq: 1 Page 1 d 6 E-FILED 2022 FEB 14 12:08 PM JOHNSON -CLERK OF DISTRICT COURT BK: 5543 PG: 740 • Recorded: 8/2/2016 at 10:20:22.577 AM Fee Amount: $32.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa This Document Prepared By: JAMES POWELL U.S.BANK N.A. 4801 FREDERICA ST OWENSBORO,KY 42301 (800)365-7772 Requested By and When Recorded Return To: Loan Modification Solutions 3220 El Camino Real Irvine,CA 92602 (800)323-0165 Tax/Parcel#: 1015412014 [Space Above This Line for Recording Data] Original Principal Amount:S133,691.00 FHAIVA Case No. Unpaid Principal Amount: S121,093.47 Loan No: New Principal Amount:$88,342.09 New Money(Cap):S3,535.75 OAN MODIFICATION AGREEMENT(MORTGAGE) This Loan Modification Agreement("Agreement"),made this 20TH day of JUNE, 2016, between SHEILA I STAUFFER INDIVIDUAL ("Borrower") whose address is 730 HIGHLAND AVE, IOWA CITY, IOWA 52240 and U.S. BANK N.A. {"Lender'), whose address is 4801 FREDERICA ST, OWENSBORO, KY 42301,amends and supplements(1)the Mortgage,Deed of Trust or Security Deed(the "Security Instrument"), and Timely Payment Rewards Rider,if any, dated JUNE 25, 2010 and recorded on JUNE 30, 2010 in INSTRUMENT NO. 021875610006 BOOK 4612 PAGE 864, of the OFFICIAL Records of JOHNSON COUNTY,IOWA, and (2) the Note bearing the same date as,and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the"Property",located at L 730 HIGHLAND AYE,IOWA CITY,IOWA 52240 (Property Address) MAR 2 9 2028UD-RAMP 10052015 356 Page 1 City Clerk -;'1,; Iowa City, Iowa ® ' Book: 5543 Page: 740 Seq: 1 .Page 2 o'r 6 E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT the real property described being set forth as follows: LOT 30 OF PART ONE PLUM GROVE ACRES SUBDIVISION, IOWA CITY,IOWA,ACCORDING TO THE RECORDED PLAT THEREOF. SEE ATTACHED EXHIBIT"B"FOR MORTGAGE SCHEDULE In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows(notwithstanding anything to the contrary contained in the Note or Security Instrument): I. As of,JULY 1, 2016 the amount payable under the Note and the Security Instrument(the"Unpaid Principal Balance") is U.S. 588,342.09, consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest in the amount of U.S. S3,535.75 and other amounts capitalized, which is limited to escrows and any legal fees and related foreclosure costs that may have been accrued for work completed. 2. Borrower promises to pay the Unpaid Principal Balance,plus interest,to the order of Lender Interest will be charged on the Unpaid Principal Balance at the yearly rate of 4.2500%, from JULY 1,2016. Borrower promises to make monthly payments of principal and interest of U.S. S 434,59, beginning on the 1ST day of AUGUST,2016, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 4.2500%will remain in effect until principal and interest are paid in full.If on JULY 1,2046(the"Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument,as amended by this Agreement,Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by the Security Instrument. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument,including without limitation,Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled,null and void,as of the date specified in paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing,or relating to,any change or adjustment in the rate of interest payable under the Note, including, where applicable,the Timely Payment Rewards rate reduction,as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A.I. of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled;and HUD-RAMP 10052013 356 Page 2 MAR 2 9 2022 City Clerk Iowa City, Iowa Book: 5543 Page: 740 Seq: 2 page 3 of 6 E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT (b) all terms and provisions of any adjustable rate rider,or Timely Payment Rewards Rider,where applicable, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in(a)above. 5. If the Borrower has,since inception of this loan but prior to this Agreement,received a discharge in a Chapter 7 bankruptcy,and there having been no valid reaffirmation of the underlying debt, by entering into this Agreement, the Lender is not attempting to re-establish any personal liability for the underlying debt. 6. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement,the Note and Security Instrument will remain unchanged,and Borrower and Lender will be bound by,and comply with,all of the terms and provisions thereof,as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs,executors,administrators,and assigns of the Borrower. • HLED MAR 2 9 21:122 City Clerk Iowa City, Iowa HUD-HAMP I0052015 356 Page 3 Book: 5543 Page: 740 Seq: 3 • Page 4 et6 E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT In Witn s Whereof,I have e ecuted this Agreement. 7/t f Itp Borrower.SHEILA I STAUFFER MI6 Borrower: Date Borrower: Date Borrower: Date [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF IOl}A COUNTY OF On this 1 day of ply ,20 iLo ,before me personally appeared SHEILA I STAUFFER,to me personally„lily to be the person(or persons)described in and who executed the fore ' g instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary P blic j � sRa�uooN a nwEIoYi1 T114 (Seal,if any) My Commission/ expires: 1(6 LED MAR 2 9 2022 City Clerk Iowa City, Iowa HUD-HAMP 10052015_356 Page 4 Book: 5543 Page: 740 Seq: 4 Page 5 Dr E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRIC1 COURT In Witness Whereof,the Lender has executed this Agreement. U.S.BANK N.A. PIP ti a� ty Rachel M.Fuld-' (print name) Date Mortgage Document Officer (title) [Space Below This Line for Acknowledgments) STATE OF KENTUCKY COUNTY OF DAVIESS The foregoing instrument was acknowledged before me this 7 _ ( l by RACHEL M. FULKS , the MORTGAGE DOCUMENT OFFICER of U.S. BANK N.A., a FAr1AmUy rhnrtAr l ,on behalf of said national association. Banking association orriEG otary Public yN ;�' JACItlEAifRI' t � Gd G1trtArEo I�Ni- UCxY' BTATE•AT.ta1tCE .. h t 0R110 II mu 11.E=W�f 060S70fs Printed Name: :7AP n iY l� My commission expires: j ni pp MAR 2 9 2022 City Clerk Iowa City, Iowa HUD-HAMP 10052015 356 Page 5 Book: 5543 Page: 740 Seq: 5 • • Page 6 o1 6 E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT EXHIBIT B MORTGAGE SCHEDULE Mortgage made by SHEILA I STAUFFER INDIVIDUAL to MERS AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK.INC.for$133,691.00 and interest,dated JUNE 25,2010 and recorded on JUNE 30,2010 in INSTRUMENT NO.021875610006 BOOK 4612 PAGE 864, This mortgage was assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS NOMINEE FOR RESIDENTIAL MORTGAGE NETWORK,INC.,ITS SUCCESSORS AND ASSIGNS (assignor), to U.S. BANK NATIONAL ASSOCIATION (assignee), by assignment of mortgage dated MARCH 17,2016 and recorded on MARCH 17,2016 in BOOK 5483 PAGE 238. MAR 2 9 2022 City Clerk Iowa City, Iowa HUD-RAMP 10052015_356 Page 6 Book: 5543 Page: 740 Seq: 6 E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT �c 3ss c tc � 4 :'fcsla s .t`f"au {u,,,i: c c ':sass3f E' I _ «s „;,�,�O ,,rr�� ti�f'i Er� 3:.c --14,471411140 x ««.SIM .-.r«:� x•�[ = s.» min is3• a„ i.s-:r-cf t`sl aft:R.stl'iwrl f3 .i:i.�trs.; t` 02/20/2019 Sent Via: Certified Mail, Return Receipt Requested COREY A DIETZ SHEILA I STAUFFER 730 HIGHLAND AVE IOWA CITY, IA 52240-2147 Re: Notice of Breach Account Number: Property Address: 730 HIGHLAND AVE IOWA CITY, IA 52240-0000 Dear COREY A DIETZ and SHEILA I STAUFFER: This letter will serve as notice of the breach of the above-referenced mortgage associated with the above-referenced property for failure to pay the monthly installments due thereunder. In order to cure this breach of mortgage, send funds in the amount of$1,634.06 for payments and$65.36 for late charges, plus any additional payments and late charges that may come due within thirty(30)days from the date of this letter. We reserve the right to accept or reject a partial payment of the Total Amount Due listed above,without waiving any of our rights herein or otherwise, including the right to proceed with foreclosure. Payments can be mailed to U.S. Bank; P.O. Box 20005 Owensboro, KY 42304,or you may overnight your payments to U.S. Bank; 4801 Frederica Street Owensboro, KY 42301. Failure to cure the default on or before 03/22/2019(thirty(30)days following the date of this letter), may result in acceleration of the sums secured by the Security Instrument,foreclosure by judicial proceeding,and sale of the property. Foreclosure and public sale of the property in accordance with applicable state law may follow if this account is not current within thirty(30)days from the date of this letter. You have the right to reinstate the loan after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you may have to acceleration and foreclosure. We may make periodic property inspections in accordance with the Security Instrument to ensure the property is maintained. We have told a credit bureau about a late payment, missed payment or other default on your account.This information may be reflected in your credit report. You may be eligible for homeownership counseling through a HUD-certified housing counseling organization. Housing counselors will provide the service free of charge.To find a HUD-certified counseling organization in your area,contact HUD by phone at 800.569.4287 or visit the HUD website at hud.gov/offices/hsg/sfh/hcc/fci. There is also a toll-free Telecommunication Device for the Deaf("TDD") number for HUD housing counseling agencies at 800.877.8339. exic BIT E usbank.com MAR 2 9 2017 Page 1 of 2 City Clerk Iowa City, Iowa E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT Some of the benefits of HUD-certified housing counseling are: • Provided at no cost to you; • Available in multiple languages and formats when such communications have been requested by persons with disabilities or persons with limited English proficiency; • A counselor will review your financial situation and may be able to suggest how you can arrange to pay the overdue payment and make timely payments in the future; • A counselor may also discuss other available options. If you are a servicemember or a servicemember's dependent,you may be entitled to protections under the Servicemembers Civil Relief Act("SCRA")regarding your interest rate and risk of foreclosure. For additional information or available assistance,please contact Military OneSource at 800.342.9647. We appreciate your business and are here to help. For information on available default related assistance, please contact a Mortgage Assistance Point representative at map@usbank.com or 855.MYUSMAP (855.698.7627),from 7 a.m.to 7 p.m. CT,Monday through Friday. Sincerely, Mortgage Servicing-Foreclosure Referrals 800.365.7900 XC501 515 Enclosure: -Servicemember Civil Relief Act Notice Disclosure r ',-Aia 1 ;. F 2* . ) MAR 2 3 20ZZ • City Clerk Iowa City, Iowa Page 2 of 2 • E-FILED 2022 FEB 14 12:08 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 3/31/2021 Office of Housing LeunI Rights and Protections Under the SCRA Servicemembers on"active duty"or"active service."or a spouse or dependent of such a servicemember maybe entitled to certain legal protections and debt reliefpursuant to the Servicemembers Civil Relief Act(50 USC§§3901-4043) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Regular members of the U.S.Armed Forces(Army,Navy,Air Force Marine Corps and Coast Guard). • Reserve and National Guard personnel who have been activated and are on Federal active duty. • National Guard personnel under a mil or order to active duty for more than 30 consecutive days under section 502(f)of title 32,United States Code,for purposes of responding to a national emergency declaredby 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 Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that a debt incurred by a servicemember,or servicemember and spouse jointly,prior to entering military service shall not bear interest at a rate above 6%during the period of military service and one year thereafter,in the case of an obligation or liability consisting of a mortgage,trust deed,orother security in the nature ofa mortgage,or during the period of military service in the case of any other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during,or within one year after the servicemember's military service,a court may stop the proceedings for a period of time,or adjust the debt.In addition,the sale,foreclosure,or seizure of real estate shall not be valid if it occurs during or within one year after 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. 1-low Does A Servieernember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA from loans with interest rates above 6%a servicemember or spouse must provide a written request to the lender,together with a copy of the servicemember's military orders. Email:scrareviewteamrausbank.com Fax:949.224.7096 Mail:.SCRA Review Group ... P.O.Box 6060 .. .. Newport Beach,CA 92658-9880 • There is no requirement under the SCRA,however,for a servicemember to provide a written notice or a co • of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcemss t action against real estate. Under these circumstances,lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website,contacting the servicemember,and examining their files for indicia of military service. Although there is no requirement for MAR 2 ���� servicemembers to alert the lender of their military status in these situations,it still is a good idea for the servicemember to do so. How Does a Serviceniember or Dependent Obtain Information About the SCRA? City Clerk Iowa City, Iowa • 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:%rlegalassistance.law.af.mil/content/locator.php ■ • "MilitaryOneSource" is the U.S.Department of Defense's information resource.lf you are listed as entitled to legal protections under the SCRA(see above),please go to www.militaryonesource.millegal or call 1-800-342-9647(toll free from the United States)to find out more information.Dialing instructions for areas outside the United States are provided on the website. form HUD-92070 (6/2017) I FILED 2022 FEB 1 1 39<sol?I t p c -CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 S 0 U T H L A W 913.663.7600 southlaw.coin A Prolessional Corporation ounces In Missouri •Kansas• Nebraska •Iowa January 24,2022 Sheila I Stauffer 730 Highland Ave Iowa City,IA 52240 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 730 Highland Ave,Iowa City,IA 52240 Loan Servicer: U.S.Bank N.A. Loan Number: Original Loan Amount: $133,691.00 Date of Note: June 25,2010 Creditor: U.S.Bank National Association File No. Dear Borrower and/or Owner. This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $84,094.29,plus contractual interest from March 1, 2019,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$109,995.87 to be paid within 14 days from the date of this letter in accordance with Iowa Code§654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check, certified check,or money order, and payable to U.S. Bank N.A.. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: pl SouthLaw Loss Mitigation Department L (913)663-7600 (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska MAR 2 9 ZOZZ 8:30 a.m.—4:30 p.m.CST E-mail:lossmitsouthlaw.com City Clerk toy,7, Cit Iowa ;- -- , it If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw, P.C.,a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-FILED 2022 FEB 14 12:08 PM JOHNSON-CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving his Notice because(1)your lender pelieves hat your mortgage is seriously delinquent, or (2)a-o'eclosure petition was recently filed against you.Tie purpose of this notice is to in=o'm you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to o=fer all Iowans access to=ree.confidential mortgage counseling with local organizations located rigit here in Iowa. Iowa Mortgage Help is here to assist you in working though your situation. Please call I-877-622-4866 as soon as possible. The earlier you call. the more options that are availaple to you.Wien you call,you will be e&e'red to a trained, professional counselor who will listen to your situation and o=fer=ree. confidential advice through each step of the process. In some cases,we are able to Ivor(with lenders and por'owers to restructure mortgage terms. 'Wile we are hot axle to ielp everyone, we are able to ielp tie majority of homeowners me.call Iowa Mortgage I-elp. The fact that a=c-eclosure petition may oe o-has peen filed against you does not necessarily mean hat you will lose you-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-G22-4866 today or go to Iowa MortgageHelp.com. This free call could save your house. MAR 2 9 ZOZZ Iowa Mortgage Help City Clerk 1-877-622-4866 Iowa City, Iowa www.IowaMcrtgagel-elp.com I is ncl cc is tcinf!nrcv ccc as rcl_ r Iowa Ci'I .. . E-FILED 2022 FEB 14 1?34goln,44P - CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTH L A W 913.663.7600 southlaw.corn A Professional Corporation cnic•s In Missouri • Kansas • Nebraska • Iowa January 24,2022 Estate of Corey A.Dietz,Deceased do Doug Dietz,Administrator S 3rd Ave Washington,IA 52353 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 730 Highland Ave,Iowa City,IA 52240 Loan Servicer: U.S.Bank N.A. Loan Number: Original Loan Amount: $133,691.00 Date of Note: June 25,2010 Creditor: U.S.Bank National Association File No. Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $84,094.29,plus contractual interest from March 1,2019, and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$109,995.87 to be paid within 14 days from the date of this letter in accordance with Iowa Code§654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check,certified check,or money order,and payable to U.S. Bank N.A.. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: 7:2, L t_,) SouthLaw Loss Mitigation Department (913)663-7600 (800)381-1536 if calling from Kansas,Missouri.Iowa or Nebraska MAR 2 9 ZOZZ 8:30 am.—4:30 p.m.CST E-mail:lossmitAsoutlilaw.com City Clerk Iowa City, Iowa If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw,P.C.,a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law finn will be used for that purpose. ILED 2022 FEB 14 12:08 PM JI HNSON CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving t-iis -notice because(1)your lender oelieves that your mortgage is seriously delinquent, or (2)a-o'eclosure petition was recently filed against you.The purpose of this notice is to in-orm yoJ that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Help is a group of organizations partnering with tie Iowa Attorney General's Office and the Iowa Finance Authority to o'fer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa_ Iowa Mortgage Help is here to assist ycu in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call. the more options that are availaale to you. Wien you call,you will be re-erred to a trained, professional counselor who will listen to your situation aid o-fer`ree. confidential advice tnrougn each step of the process. In some cases,we are able to wcr4 with lenders and oorrowers to restructure mortgage terms. 'WViile we are not axle to nelp everyone, we are able to nelp tie majority cf homeowners •wno call Iowa Mortgage I-elp. The fact that a-c'eclosure petition may De or has peen filed against you does hct necessarily mean that you will lose your house. It is NOT too late_There is still time foe 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 Iowa MortgageHelp.com. This free call could save your home. `t""'-- .. Iowa Mortgage Help MAR 2 9 1022 1-877-622-4866 www.lowaMc'tgagef elp.com City Clerk Iowa City, Iowa -i-n:l cc r Ecinn-r'v-...in lei_,....D:I:wa":3j.: _., .:cn CL:1 ' E-FILED 2022 FEB 14 1 391g014,44p c -CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTH L A W 913.663.7600 southlaw.corn A Professional Corporation offices In Missouri • Kansas• Nebraska •Iowa January 24,2022 Corey A Dietz 730 Highland Ave Iowa City,IA 52240 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 730 Highland Ave,Iowa City,IA 52240 Loan Servicer. U.S.Bank N.A. Loan Number: Original Loan Amount: $133,691.00 Date of Note: June 25,2010 Creditor: U.S.Bank National Association File No. Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $84,094.29,plus contractual interest from March 1, 2019,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$109,995.87 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 finn 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. Payment must be made by Electronic Funds Transfer(ACH),cashier's check,certified check,or money order, and payable to U.S. Bank N.A.. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: SouthLaw Loss Mitigation Department ' D (913)663-7600 . 6 l (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska 8:30 a.m.—4:30 p.m.CST MAR 2 9 ZOZZ E-mail:lossmit(aisouthlaw.com City Clerk Iowa City, Iowa If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw,P.C.,a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-FILED 2022 FEB 14 12:08 PM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiviig his iotice because(1)your lender oelieves hat your mortgage is seriously delinquent, or f2)a foreclosure petition was recently filed against you.Tie purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Helo is a group of organizations oartneriig with tie Iowa Attoriey Generals Office and the Iowa Finance Authority to offer all Iowans access to free. confidential mortgage counseliig with local orgaiizatiois located rigit here ii Iowa_ Iowa Mortgage Helo is here to assist you in working through your situatioi. Please call 1-877-622-4866 as soon as possible. The earlier you call. the more options that are availaole to you. Wien you call,you will be '&e'red to a trained, professional couiselor who will listei to your situation aid offer-ree. confidential advice tirougi each step of the process. In some cases,we are able to wcrK with leiders and oorrowers to restructure mortgage terms. 'Wile we are ict axle to ielp eve•yoie, we are able to ielp tie majority cf homeowners wio call Iowa Mortgage I-elp_ The fact that a=c•eclosure petitioi may De a-has aeei filed against you does lot necessarily mean hat 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. FiL E ® Call 1-877-622-4866 todayorgo to IowaMort a eHel .com. g g p MAR 2 9 2022 This free call could save your home. City Clerk Iowa Mortgage Help Iowa City, Iowa 1-877-622-4866 www.I ow,va M c itgage l-el p_co m -iz nci cc i-I cinr.^,cvccc rci_ Icy"' Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. heI s avai able Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to lowaMortgageHelp.com. This free call could save your home. / \ Iowa Mortgage Help RLFD 1-877-622-4866 MAR 2 9 1021 www.lowaMortgageHelp.com City Clerk Iowa City, Iowa This notice is being provided as required by Iowa Code section 654.46(2). END OF CASE FILE Kellie Fruehling From: Kellie Fruehling Sent: Monday, May 9, 2022 1:40 PM To: Michelle Cook; Kathleen Thornton; Mary McChristy Subject: Notice of Rescission Attachments: 2059_001.pdf Attached. IOWA CITY A VV[SCO C 7Y :i :..!R4TIJ rFrue4finjc, CMG City Clerk office:319-356-5041 410 E Washington St, Iowa City,IA 52240 WWW.ICGOV.ORG 0 00 From: City-copier@iowa-city.org<City-copier@iowa-city.org> Sent: Monday, May 9, 2022 1:40 PM To: Kellie Fruehling<KTuttle@iowa-city.org> Subject:Attached Image IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA BANKERS MORTGAGE EQUITY NO. EQCV082919 CORPORATION, Plaintiff, vs. NOTICE OF RESCISSION OF FORECLOSURE AND DISMISSAL SHANNON A. SCHAFER A/K/A SHANNON WITHOUT PREJUDICE (IOWA CODE AMELIA SCHAFER; HILLS BANK AND §654.17) TRUST COMPANY; BANK OF AMERICA, N.A.; CITY OF IOWA CITY; INVENIO FINANCIAL F/K/A PCA ACQUISITIONS V, v; LLC and PARTIES IN POSSESSION, Defendants. COMES NOW, Plaintiff, Iowa Bankers Mortgage Corporation,hereby provides notice of its election to rescind the foreclosure evidenced by the Foreclosure Decree entered herein on January 25, 2022; and foreclosing on the Mortgage dated June 1, 2015 and filed June 18, 2015 in Book 5381, Page 22 of the Johnson County Recorder's records. The Clerk of this Court is hereby requested to set aside the Decree entered herein on January 25, 2022 and fully reinstate the Mortgage cancelled by said Decree and file with the Recorder of Johnson County, Iowa, all necessary documentation to fully reinstate the Mortgage dated June 1, 2015, filed June 18,2015, in Book 5381, Page 22, of the Johnson County Recorder's records. The Plaintiff hereby requests that this action be dismissed without prejudice. The Clerk of Court is further authorized to receipt out on the docket all fees and costs on Plaintiffs behalf. Ioti�a Bankers Mortgage Corporation v.Shannon A.Schafer a/k/a Shannon Amelia Schafer,et al,EQCV082919 1 Amy ontgomery AT001 2 DE NS DAVIS BRO C The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, IA 50266 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 Email: amy.montgomery@dentons.com ATTORNEY FOR THE PLAINTIFF 4,t1 • CA) Iowa Bankers Mortgage Corporation v.Shannon A.Schafer a/k/a Shannon Amelia Schafer,et al,EQCV082919 2 COPIES TO: Shannon A.Schafer a/k/a Shannon Amelia Schafer Appearing Pro Se (EDMS) Lewis Field Attorney for Hills Bank and Trust Company (EDMS) Bank of America,N.A. R.A.:CT Corporation System 400 E.Court Avenue Des Moines,IA 50309 City of Iowa City do City Clerk 410 E.Washington Street Iowa City,IA 52240 Invenio Financial f/k/a PCA Acquisitions V,LLC 1002 Justison Street Wilmington,DE 19801 Parties in Possession 1032 S. 1st Avenue Iowa City,IA 52240 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on �r ,20 \by: U.S.Mail ❑ FAX ❑ Hand Delivered 0 Overnight Courier ❑ Feder, Ex ress Other: Signature: �f Iowa Bankers Mortgage Corporation v.Shannon A.Schafer a/k/a Shannon Amelia Schafer,et al,EQCV082919 3 END OF CASE FILE E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Rocket Mortgage,LLC f/k/a/Quicken Loans,LLC f/k/a ) Quicken Loans Inc. ) ) EQUITY NO: EQCV083346 Plaintiff, ) vs. ) ORIGINAL NOTICE ) Adriane McDuffie;Warren McDuffie;United States of ) America, Secretary of Housing and Urban Development; ) Parties in Possession; City of Iowa City,Iowa ) Defendants. ) To the above-named defendant City of Iowa City,Iowa,do City Clerk 410 E Washington St,Iowa City,IA 52240: You are notified there was filed in the office of the Clerk of the above-named Court,a Petition, copies of which are attached hereto. The Plaintiff's attorney is Emily Bartekoske, do SouthLaw, P.C., 1401 50th Street Suite 100West Des Moines,IA 50266. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter,file a motion or answer, in the Iowa District Court for Johnson County,at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920,ext. 1105.Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. Clerk of the District Court Johnson County Courthouse Iowa City,Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. FILE * MAY 2 3 2022 File No. 2 1 1080-97483 1 11111 I li IIFI II IF I hF IFI II ii City Clerk Iowa City, Iowa E-FILED 2022 APR 19 1:38 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083346 County Johnson Case Title ROCKET MORTGAGE, LLC VS WARREN MCDUFFIE You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at w•ww.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at ww'..legis.iON\a.gov/dots/ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information, refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourself/protect-personal-information/. Scheduled Hearing_ If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information, see www.iowacourts.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 04/19/2022 01:38.27 PM v 'MCI Fete, 1� ,• J • ",,,,,,,„,. ,.e,,,,,,, : �4- FILES ,,, , ,Fr°`' MAY 2 3 2022 District Clerk of Court or/by Clerk's Designee of Johnson County /s/Christine Roselund City Clerk Iowa City, Iowa • E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Rocket Mortgage, LLC f/k/a/ Quicken Loans, LLC f/k/a Quicken Loans Inc. Plaintiff, vs. EQUITY NO: EQCV083346 Adriane McDuffie; Warren McDufBe; United States of FORECLOSURE PETITION America, Secretary of Housing and Urban Development; Parties in Possession; City of Iowa City,Iowa; Defendants. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM THE ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. FORECLOSURE PETITION Plaintiff, Rocket Mortgage, LLC f/k/a/ Quicken Loans, LLC f/k/a Quicken Loans Inc., by and through its attorney, Emily Bartekoske of the firm of SouthLaw, P.C., and for its cause of action against Defendant(s)states as follows: 1. The Plaintiff,Rocket Mortgage,LLC f/k/a/Quicken Loans, LLC f/k/a Quicken Loans Inc..is a business organization duly authorized to transact business in the State of Iowa. 2. Defendant(s) Warren McDuffie and Adriane McDuffie are resident(s) of Johnson County. Iowa and are believed to be husband and wife. 1 U9LEL; File No. 211080 II 111 MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2, &535.13. 4. Plaintiff elects to waive its right to a deficiency judgment against Warren McDuffie and Adriane McDuffie, and is seeking a judgment solely in rem against the subject real property described below. 5. On or about July 16,2014,Warren McDuffie and Adriane McDuffie executed and delivered a promissory Note (the"Note")to Quicken Loans Inc.,in exchange for good and valuable consideration,in the maximum principal sum of$188,237.00, together with interest. A copy of the Note is attached as Exhibit"A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 6. To secure repayment of the Note, Warren McDuffie and Adriane McDuffie made and delivered mortgage(the"Mortgage")to Mortgage Electronic Registration Systems, Inc.,as mortgagee,as nominee for Quicken Loans Inc.,its successors and assigns,on the real property legally described as: Lot 82 in Court Hill-Scott Boulevard Part VI Addition,an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 16, Page 66, Plat Records of Johnson County, Iowa, commonly known as 69 Amhurst St, Iowa City, IA 52245 (the "Property"). 7. The Mortgage was recorded on July 17,2014,in Book No.5259,at Page 476,in the office of the Recorder of Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit "B" and incorporated by reference. 8. The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage and/or Certificate of Merger(s)attached as Exhibit"C"and incorporated by reference. FLk. t) 2 MAY 2 3 2022 File No. 211080 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLE RK OF DISTRICT COURT _Assignor Assignee Recorded Date Book Page Document Mortgage Quicken October 12, 5573 704 Electronic Loans,Inc. 2016 Registration Systems, Inc., as mortgagee, as nominee for Quicken Loans Inc.its successors and assigns 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent,has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the right to foreclose the Note and Mortgage. 10. Warren McDuffie and Adriane McDuffie failed to make the installment payments as they became due since November 1, 2019.The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed. Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 13. Defendant(s)Warren McDuffie and Adriane McDuffie and Quicken Loans Inc., in exchange for good and valuable consideration,entered into a Loan Modification Agreement,on July 24,2018. The principal sum of the debt was increased to $132,249.47, representing the unpaid balance remaining together with any unpaid interest, advances and other amounts capitalized. A copy of the Loan Modification Agreement is attached as Exhibit"D" and incorporated by reference. 14. Under the terms of the Note and Mortgage,upon default,Defendant(s)Warren McDuffie and Adriane McDuffie, agreed to pay reasonable attomey's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. F I L E 3 File No. 211080 MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT 15. An Affidavit of Attorney's Fees as required by Iowa Code Section §625.24 will be filed prior to the entry of a Decree of Foreclosure. 16. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.2B and 654.2D. More than 30 days have passed since the notice was given, and the default has not been cured. A copy of the Notice is attached as Exhibit"E"and incorporated by reference. 17. The Note and Mortgage provide that in the case of default,the holder of the note may declare the entire principal balance plus accrued interest due and payable. 18. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of Acceleration (the `Notice")and made demand for payment of the accelerated balance pursuant to Iowa Code §654.4B. Fourteen days has passed since the notice was given. A copy of the Notice is attached as Exhibit"F"and incorporated by reference. 19. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Defendant(s) Warren McDuffie and Adriane McDuffie the following: a. the unpaid principal balance of the Note in the sum of$129,639.02 b. the unpaid interest which has accrued at the rate of 4.250%per annum from October 1, 2019,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale,including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$156.12 f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs,if applicable, FI L 4 MAY 2 3 2022 File No. 211080 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property;and h. the costs of this action,including reasonable attomey's fees. 20. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the Defendant(s) may have or may claim to have some right,title or interest in or to the Property, but any such claim is inferior and subject to the lien of the Mortgage. 21. Defendant(s)Parties in Possession are named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 22. Defendant United States of America, Secretary of Housing and Urban Development has been named by virtue of a junior mortgage securing a debt in the original principal amount of $53,134.03 recorded on August 15, 2018 in the office of the Recorder of Johnson County, Iowa, in Book 5825 at Page 982. Defendant United States of America,Secretary of Housing and Urban Development may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 23. Defendant City of Iowa City, Iowa has been named by virtue of judgments filed in the Iowa District Court of Johnson County, as Case No. ICCISC098199 and ICCISC099457 and ICCISC099609. Defendant City of Iowa City, Iowa has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant City of Iowa City, Iowa may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiff's Mortgage. 24. Plaintiff prays for a judgment against the Property for the following: a. the unpaid principal balance of the Note in the sum of$129,639.02 FILE . . 5 MAY 2 3 2022 File No. 211080 City Clerk Iowa City, Iowa l E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT b. the unpaid interest which has accrued at the rate of 4.250%per annum from October 1, 2019,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$156.12 ' f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs,if applicable, g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property;and h. the costs of this action,including reasonable attorney's fees. Plaintiff prays that the Mortgage be declared a first and prior lien on the Property; superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale. Plaintiff prays that its Mortgage be foreclosed and that all junior and inferior liens and mortgages be barred from claiming any right,title,or interest in the Property. Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution should issue for the sale of the Property and the proceeds should be applied to Plaintiff's judgment,together with interest,costs, and accruing costs including, but not limited to, any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs ii. between the time of the Foreclosure Decree and the time of Sheriffs Sale. From and ofttEl: 6 MAY 2 3 2072 File No.211080 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT special execution,the right,title, lien or interest of the Defendant(s)in the Property should be forever cut off, barred and foreclosed,and the purchaser at the sale shall take the Property free and clear of any right, title,lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County, Iowa,to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants, provided that the court first finds that(a)all equitable titleholders who have not abandoned the Property have consented to such sale; and (b) the terms of such sale are commercially reasonable. Plaintiff prays for such other and further relief as may be just and equitable in the premises. Respectfully Submitted, SouthLaw,P.C. /s/Emily Bartekoske Emily Bartekoske(AT0010255) 1401 50th Street Suite 100 West Des Moines,IA 50266 (515)223-7325,ext.369 (515)223-7276(Fax) Emily.Bartekoske@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. RL Efl MAY 2 3 2022 7 File No.211080 City Clerk Iowa City, Iowa 1 t E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT Note I Ova FHA Case No. MERS MIN: July 16, 2014 [Date/ McDuf le, v arren 69 Amhurst St Iowa City. IA 52245-4001 [Properly Address] 1.PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Quicken Loans Inc. and its successors and assigns. 2.BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of One Hundred Eighty Eight Thousand Two Hundred Thirty Seven and 00/100 Dollars(U.S.$ 188,237.00 ),plus interest,to the order of Lender.Interest will be charged on unpaid principal,from the date of disbursement of the loan proceeds by Lender,at the rate of Four and One-Quarter percent( 4.250%)per year until the full amount of principal has been paid. 3.PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as this Note and called the"Security Instrument."The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4.MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on September 1. 2014 .Any principal and interest remaining on the first day of August. 2044 ,will be due on that date,which is called the"Maturity Date." (B) Place Payment shall be made at P.O. Box 6577, Carol Stream, IL 60197 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 926.02 .This amount will be part of a larger monthly payment required by the Security Instrument,that shall be applied to principal,interest and other items in the order described in the Security Instrument. VMP p ote.tA Revised 10/95 Wolter.Kluvn,Financial Sen,K_ VMPIRO PaA)(1gn I of of 3 e..� EXR131T MAY 2 3 2022 City Clerk Iowa City, Iowa \\v E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note.[Check applicable box] I NI Graduated Payment Allonge®Growing Equity Allonge®Other[specify] 5.BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part,without charge or penalty,on the first day of any month.Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary.If Borrower makes a partial prepayment,there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6.BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)of this Note,by the end of fifteen calendar days after the payment is due,Lender may collect a late charge in the amount of Four and No-Thousandths percent( .000%)of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may,except as limited by regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued interest.Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default.In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults.This Note does not authorize acceleration when not permitted by HUD regulations.As used in this Note,"Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above,Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys'fees for enforcing this Note to the extent not prohibited by applicable law.Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7.WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor."Presentment"means the right to require Lender to demand payment of amounts due."Notice of dishonor"means the right to require Lender to give notice to other persons that amounts due have not been paid. 8.GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.Lender may enforce its rights under this FHA Fixed Ra:e Note-IA Revised 10/95 VMP A VMP1R(IA)(1302).00 Wolters Kluwer Financial Services Page 2 of 3 FILED MAY 2 3 2022 �� City Clerk v Iowa Pit) ,� E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT Note against each person individually or against all signatories together.Any one person signing this Note may be required to pay all of the amounts owed under this Note. IMPORTANT: READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. r1 , C 07/16/2014 (Seal) 07/16/2014 (Seal) .Darren McDuf f i e -Borrower Adri ane McDuf i e -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] 0 Refer to the attached Signature Addendum for additional parties and signatures. Loan origination organization Quicken Loans Inc. NMLS ID 3030 Loan originator Olivia Sanvi l le NMLS ID 959927 FHA Fixed Rate Note-IA ised 10N5 VMP 9 F I ■® (1302).00 Wolters Kluwer Financial services Page 3 of 3 MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISUIII�j `�jliIII( ]IIIII 1II1 I II III IIII II III11I Doc IIDI:II 025409100010 Type: GEN Kind: MORTGAGE Recorded: 07/17/2014 at 11:51:10 AM Fee Amt: $52.00 Pape 1 of 10 Johnson County Iowa Kim Painter County Recorder PG476-485 BK52591111 !Space Above This Line For Recording natal Prepared By:Latoya Thomas 1050 Woodward Ave Detroit. MI 48226-1906 (313)373-0000 Return To: Document Management Quicken Loans Inc. 1050 Woodward Ave Detroit, MI 48226-1906 ription located on page 10 . FHA Case No. a e o owa MORTGAGE MIN THIS MORTGAGE("Security Instrument")is given on July 16. 2014 TheMortgagoris Warren McDuffie and Adriane McDuffie. husband and wife ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"). (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint,M148501-2026,tel.(888)679-MERS. Quicken Loans Inc. FHA Iowa Mortgage with MERS-4/96 Wolters Kluwer Financial Services VMP 4°- N IA (1302)30 Amended S/04 'a ,of 9 I tla�siX� F I L E L MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT ("Lender")is organized and existing under the laws of the State of Michigan ,and has an address of 1050 Woodward Ave. Detroit, MI 48226-1906 .Borrower owes Lender the principal sum of One Hundred Eighty Eight Thousand Two Hundred Thirty Seven and 00/100 Dollars(U.S.$ 188,237.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for monthly payments,with the full debt,if not paid earlier,due and payable on August 1. 2044 This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS the following described property located in Johnson County, Iowa: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. Parcel ID Number:1012417010 which has the address of 69 Amhurst St [Street] Iowa City [City], Iowa 52245-4001 [Zip Code]("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS. (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including,but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including,but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges,a sum for(a)taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the imnaisJ,M 49 VMP 6-4N(IA)(1302).00 Page 2 of 9 MAY 2 3 2022 City Clerk Iowa City, Iowa • --- - - , E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT Property, and(c)premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i)a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary. or(ii)a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called"Escrow Items"and the sums paid to Lender are called"Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 12 C.F.R. Part 1024, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA. Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due.Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items(a), (b),and(c)and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c). 3.Application of Payments.All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments,leasehold payments or ground rents, and fire, flood and other hazard insurance premiums,as required; Third, to interest due under the Note; Fourth. to amortization of the principal of the Note;and Fifth, to late charges due under the Note. 4. Fire,Flood and Other Hazard Insurance.Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected,against any hazards,casualties,and contingencies,including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected,against loss by floods to the extent required by the Secretary.All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either(a)to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the UI"itioIs:� VMP -4N(IA)11302).00 pape3cF 11.ED 111 MAY 2 3 2022 City Clerk Iowa City, Iowa r 1 E-FILED 2022 APR 19 8:43 AM JOHNSON- CLERK OF DISTRICT COURT • 5. Occupancy, Preservation,Maintenance and Protection of the Property;Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances.Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the duc date of the monthly payments, which arc referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property,including payment of taxes,hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate,and at the option of Lender,shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees.Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the cast of payment defaults,require immediate payment in full of all sums secured by this Security Instrument if: (i)Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained \13lnnla�s W 1302).00 p...F LED MAY 2 3 2022 City Clerk Iowa City, Iowa ti —_... ,,+a3 c Y S.,bd I ,fiII I ., .Y, 3 ;:134.11,13 IL,:. .__...— • E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT (b)Sale Without Credit Approval. Lender shall, if permitted by applicable law(including Section 34I(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary,require immediate payment in full of all sums secured by this Security Instrument if: (i)All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c)No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e)Mortgage Not Insured.Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shalt be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument,foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to Borrower designates by notice to Lender. Any notice to Lender shall be imias� .I f MAY 2 3 2022 City Clerk Iowa City, Iowa p E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides.volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and(c)each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure.If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act")(12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise h 18 or applicable law. i Page 8 or 9 > ��` i; f ` MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 20. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. 21. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 22. Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.[Check applicable box(es)). 0 Condominium Rider ❑Growing Equity Rider ®Other[specify] 0 Planned Unit Development Rider El Graduated Payment Rider Legal Attached 23. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. ��— 07/16/2014 „ ,,, C7%16/2014 Borrower Warren Duff e Date Borrower Adrian; fl Date Borrower Date Borrower Date Borrower Date Borrower are Borrower Date Borrower Datc VM P -4N(IA)(1302).OD Page 7 of 9 MAY 2 3 2012 City Clerk Iowa City, Iowa 1 E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: ttILLA /`� , ///`/ 6 1l16!2014 (Seal) arren McDuffie -Borrower 07/16/2014 (Seal) Ad ane McDuffie -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower VMP 4't-4N(IA)(1 soz)oo Page 6 of 9 vi MAY 2 3 2022 City Clerk Iowa City, Iowa F FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA,. Johnson County ss: On this 16th day of July 2014 ,before me,a Notary Public in the State of Iowa,personally appeared Warren McDuffie and Adriane McDuffi e, husband and wife • to me personally known to be the person(s)named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed. My Commission Expires: O.11/T Notary Public in and for d County and State o",e SHERRY J.RUNGE 2t Commission Number 734714 • *Commission Expires May 27,2017 Loan origination ation Quicken Loans Inc. NMLS ID Loan originator i vi a Sanvi l l e NMLS ID EM VMP'-4N(IA)t,aoz)oo Page9of9 „ td ;® MAY 2 3 2022 ,,^^ City Clerk Rif Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT EXHIBIT A Legal Description: Lot 82 in Court Hill-Scott Boulevard Part VI Addition, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 16, Page 66, Plat Records of Johnson County, Iowa. e r-77 MAY 2 3 2022 City Clerk Iowa City, Iowa )k\\ i A Uv E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT BK: 5573 PG: 704 Recorded: 10/12/2016 at 8:55:34.550 AM Fee Amount: $17.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Recording Requested By/Return To: Final Docs Team 1050 Woodward Ave. Detroit,MI 48226 This Instrument Prepared By: Cody Levins Quicken Loans Inc. 1050 Woodward Ave. Detroit,MI 48226 Tel. No.: (313)373-0015 Assignment of Mortgage FOR VALUE RECEIVED, Mortgage Electronic Registration Systems,Inc. ("MERS")as nominee for QUICKEN LOANS INC.whose address is P.O.Box 2026,Flint,MI 48510-2026 its successors and assigns,does hereby grant, assign,transfer and convey,unto Quicken Loans Inc. ,a corporation organized and existing under the laws of The State of Michigan (herein "Assignee"),whose address is 1050 Woodward Ave. Detroit,MI 48226 ,its successors and assigns,all its right,title and interest in and to a certain Mortgage dated July 16,2014 made and executed by WARREN MCDUFFIE AND ADRIANE MCDUFFIE,HUSBAND AND WIFE whose address is 69 Amhurst St,Iowa City,IA 52245 to and in favor of Mortgage Electronic Registration Systems,Inc("MERS")as a nominee for QUICKEN LOANS INC.its successors and assigns upon the following described property situated in JOHNSON County,State of Iowa SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO COVENANTS OF RECORD. Tax Parcel#: 1012417010 Mortgage Recorded On:07/17/2014 Book/Liber#:5259 Document Number:025409100010 Page#:476 MIN MERS Phone: I-888-679-6377 MERS Assignment of Mo.lgage VMP;C �VMP9,M Wolters Kluwer Financial Scrv,ce> ©2000.2011 Pape 1 of 3 MAY 2 3 ZOZ2 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT such Mortgage having been given to secure payment of One Hundred Eighty Eight Thousand Two Hundred Thirty Seven Dollars and 00/100 (S 188,237.00 ) (Include the Original Principal Amount) which Mortgage is of record in Book, Volume, or Liber No. 5259 , at page 476 (or as No. 025409100010 ) of the Records of JOHNSON County, State of Iowa and all rights accrued or to accrue under such Mortgage. TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on 0 bier 6;2016 Mortgage Electronic Registration Systems, Inc. ("MERS")as nominee for witness Donne a Smith QUICKEN LOANS 1 By: whnc., Adrienne Ashford (Signaiuet Name: Zachary Bennett Title: Assistant Secretary of MERS State of Michigan County of Wayne On 10/06/2016 , before me Joanna Emler , a Notary Public of Michigan , personally appeared Zachary Bennett , Assistant Secretary of Mortgage Electronic Registration Systems, Inc. personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to 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 signature(s)on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. itt Of2/( Name:J a a Emler Title: Notary Public Joanna Emier of Wayne Notary Public, State of MI County MyActing Commission Expires Apr 28, 202'f in the County of Wayne �, MERS Assignmrtnl 01 Mon{rage VMP:w VMP9.Yf�tVIIn�I pp�,, 11 !.1 2� Wolters Kluwer Finanoal Services Q.Q 2000.2011 ,7e o City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT EXHIBIT A Legal Description: Lot 82 in Court Hill-Scott Boulevard Part VI Addition, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 16, Page 66, Plat Records of Johnson County, Iowa. ALEID MAY 2 3 2022 City Clerk Iowa City, Iowa CSCuCD-554(Rev.06/18) E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT 081E MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU Date Received (FOR BUREAU USE ONLY) AC1 4/1/2020 11:45 $250 MC CEPAS 20040176944499 This document is effective on the date filed,unless a FILED subsequent effective date within 90 days after received date is stated in the document. APR 01 2020 Name ADMINISTRATOR CORPORATIONS DIVISION Address City State ZIP Code EFFECTIVE DATE: 4/15/2020 Document will be returned to the name and address you enter above. Expiration date for new assumed names:December 31, If left blank,document will be returned to the registered office. Expiration date for transferred assumed names appear on page 2. CERTIFICATE OF CONVERSION For use by a Corporation Converting into a Business Organization Pursuant to the provisions of Act 284, Public Acts of 1972 (profit corporations), Act 23, Public Acts of 1993 (limited liability companies), and Act 162, Public Acts of 1982 (nonprofit corporations), the undersigned corporation executes the following Certificate of Conversion. 1. Before Conversion Entity Name: Entity ID: Quicken Loans Inc. 800250386 ✓❑ Domestic Profit Corporation Indicate (X) ❑ Domestic Nonprofit Corporation Entity Type Street Address, if different than the one provided in Item 3: ❑ Foreign Profit Corporation ❑ Foreign Nonprofit Corporation 2. After Conversion Entity Name: Quicken Loans,LLC ❑ Domestic Profit Corporation Indicate(X) ❑ Foreign Profit Corporation A,/ Entity Type MAY 2 3 2022 ❑✓ Domestic Limited Liability Company City Clerk ❑ Foreign Limited Liability Company Iowa City, Iowa If the converting corporation is a domestic corporation that has not commenced business,has not issued any shares or memberships, and has not elected a board of directors, proceed to Item 9. If the converting corporation is a domestic corporation that has commenced business or a foreign corporation,proceed to Item 3. PC E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT 3. Surviving Business Organization (After Conversion Entity) Governing Statute: Michigan Limited Liability Company Act Street Address: 1050 Woodward Avenue,Detroit,MI 48226 Principal Place of Business: 1050 Woodward Avenue,Detroit,MI 48226 4. Complete only if before conversion entity is a domestic profit corporation. Designation and number of outstanding shares in each class and series 1,000 shares of Common Stock Indicate class and series of shares entitled to vote Common Stock Indicate class and series entitled to vote as a class,if any If the number of shares is subject to change prior to the effective date of the conversion,the manner in which the change may occur is as follows: 5. Complete only if before conversion entity is a nonprofit corporation and it is organized on a stock basis. Designation and number of outstanding shares in each class Indicate class of shares entitled to vote Indicate class of shares entitled to vote as a class, if any If the number of shares is subject to change prior to the effective date of the conversion,the manner in which the change may occur is as follows: 6. Complete only if before conversion entity is a nonprofit corporation and it is organized on a membership basis. For a corporation organized on a membership basis,state(a)a description of its members and(b)the number,classification, and voting rights of its members: 7. Complete only if before conversion entity is a nonprofit corporation and it is organized on directorship basis. For a corporation organized on a directorship basis, state(a)a description of the organization of its t3datd and(bYthe number,classification, and voting rights of its directors: L., 74 MAY 2 3 2012 City Clerk Iowa City, Iowa 8. Complete only if beforb-a; vUrs`I6h2ehW k*)a3dc3nit&tiOpedfiCtit nl prialit@briiMtRiT COURT The manner and basis of converting the shares or memberships of the converting corporation into ownership interests or obligations of the surviving business organization, into cash, into other consideration that may include ownership interests or obligations of an entity that is not a party to the conversion, or into a combination of cash and other consideration. All of the issued and outstanding share of common stock of the converting corporation shall be converted into 100% of the issued and outstanding membership interests of the surviving business organization. 9. (Complete only if a later effective date is desired other than the date of filing. The date must be no more than 90 days after the receipt of this document by the administrator.) The conversion is effective on the 15th day of April 2020 _ The plan of conversion will be furnished by the surviving business organization,on request and without cost,to any shareholder or member of the converting corporation. The conversion is permitted by the law that will govern the internal affairs of the business organization after conversion and the surviving business organization complies with that law in converting. 10. The assumed names being transferred to continue for the remaining effective period of the Certificate of Assumed Name on file prior to the conversion are: Assumed Name Expiration Date See attached List of Assumed Names. 11. The converting corporation's name and/or assumed name(s)to be used as new assumed name(s) of the surviving business organization: Assumed Name Expiration €irete MAY 2 3 1022 City Clcrk Iowa City, Iowa 12. Signatures: Compketfaipnty Wji9,l� pn(14 AlgImm rig_-%ri Nr6 glib rrieO RT Complete only(c)if the converting corporation is foreign. Complete if the domestic corporation has not commenced business: a) The plan of conversion was approved by unanimous consent of the incorporators of the converting domestic corporation and the corporation has not yet commenced business, has not issued any shares or memberships, and has not elected a board of directors in accordance with Section 745(1)(d)of the Act. Signed this day of (Signature of Incorporator) (Signature of Incorporator) (Type or Print Name) (Type or Print Name) (Signature of Incorporator) (Signature of Incorporator) (Type or Print Name) (Type or Print Name) Complete if the domestic corporation has commenced business: b) The plan of conversion was adopted by the Board of Directors and approved by the shareholders of the domestic corporation in accordance with Section 745(1)(c)of the Act. Signed this 31st day of March 2020 By �7 4 (Signature of Authorized Officer or Agent) Jay Famer,Chief Executive Officer (Type or Print Name) Complete only if the converting corporation is foreign: c) The plan of conversion was adopted and submitted for approval in the manner required by the law governing the internal affairs of the converting foreign corporation. Signed this day of By ni ED (Signature of Authorized Officer orilgent)15 MAY 2 3 2012 (Type or Print Name) City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Attachment to Certificate of Conversion of Quicken Loans Inc. to Quicken Loans, LLC 10. The assumed names being transferred to continue for the remaining effective period of the Certificate of Assumed Name on file prior to the conversion are: Assumed MEG i Expiration DM? AMERICA'S HOME LOAN EXPERTS 12/31/2020 FRESH FRESH START 12/31/2020 FRESH START FINANCIAL SERVICES 12/31/2020 LENDER FOR LIFE 12/31/2020 LIFE ROCKET 12/31/2023 MYPERFECTHOME.COM 12/31/2021 POWER BUYER 12/31/2020 QLC PORTFOLIO SOLUTIONS 12/31/2020 QLMS 12/31/2021 QUICKEN LOANS 12/31/2020 QUICKEN LOANS MORTGAGE SERVICES 12/31/2021 QUICKENLOANS.COM 12/31/2020 ROCK FINANCIAL 12/31/2020 ROCK FINANCIAL BROKERAGE 12/31/2020 ROCK FINANCIAL INSURANCE AGENCY 12/31/2020 ROCK FINANCIAL LOANS 12/31/2020 ROCK FINANCIAL MORTGAGE 12/31/2020 ROCK FINANCIAL REAL ESTATE 12/31/2020 ROCK FINANCIAL REALTY 12/31/2020 L • MAY 2 3 2022 CIowaty City,Y, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT ROCK FINANCIAL SECURITIES 12/31/2020 ROCK FINANCIAL SERVICES 12/31/2020 ROCK FINANCIAL,A DIVISION OF QUICKEN LOANS 12/31/2020 ROCK FINANCIAL,A QUICKEN LOANS COMPANY 12/31/2020 ROCK HOME LOANS 12/31/2020 ROCK LOAN 12/31/2020 ROCK MORTGAGE 12/31/2020 ' ROCKET HQ 12/31/2024 ROCKET LIFE 12/31/2022 ROCKET LOANS 12/31/2020 ROCKET MORTGAGE 12/31/2021 ROCKET PRO 12/31/2024 ROCKET PROFESSIONAL 12/31/2024 ROCKETLOAN 12/31/2020 ROCKETLOANS 12/31/2020 ROCKFINANCIAL.COM 12/31/2020 SMARTARM 12/31/2020 THATSMYMO RTGAG E.COM 12/31/2021 THE MORTGAGE EXPERTS 12/31/2021 W W W.QU ICKENLOANS.COM 12/31/2020 WWW.ROCKFINANCIAL.COM 12/31/2020 F 0 MAY 2 3 2022 City Clerk Iowa City, Iowa CSCUCD-700(Rev.07/19) E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU Date Received (FOR BUREAU USE ONLY) AC1 This document is effective on the date filed,unless a subsequent effective date within 90 days after received date is stated in the document. Name Address City State ZIP Code EFFECTIVE DATE: () Document will be returned to the name and address you enter above. If left blank,document will be returned to the registered office. ARTICLES OF ORGANIZATION For use by Domestic Limited Liability Companies (Please read information and instructions on reverse side) Pursuant to the provisions of Act 23, Public Acts of 1993, the undersigned executes the following Articles: ARTICLE I The name of the limited liability company is: Quicken Loans, LLC ARTICLE II The purpose or purposes for which the limited liability company is formed is to engage in any activity within the purposes for which a limited liability company may be formed under the Limited Liability Company Act of Michigan. ARTICLE III The duration of the limited liability company if other than perpetual is: ARTICLE IV 1. The name of the resident agent at the registered office is: THE CORPORATION COMPANY 2. The street address of the location of the registered office is: 40600 ANN ARBOR RD E STE 201 PLYMOUTH , Michigan 48170 (Street Address) (City) (Zp Code) 3. The mailing address of the registered office if different than above: , Michigan (P.O.Box or Street Address) (City) (Zp Code) ARTICLE V(Insert any desired additional provision authorized by the Act; attach additional pages if needed.) The company shall be managed by one or more managers. U 31 st 2020 MAY 2 3 2022 March Signed this day of By 44 City Clerk (Signature(s)of Organizer(s)) IOW d City, Iowa Jay Farner (Type or Print Name(s)of Organizer(s)) • E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT Attachment to Articles of Organization of Quicken Loans, LLC ARTICLE VI The Articles of Organization are effective on the 15th day of April, 2020. MAY 2 3 2022 City Clerk Iowa City, Iowa r E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT 08 E3 CSCLCD-715(Rev.07/19) MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU Date Received (FOR BUREAU USE ONLY) AC1 JUL 16 2021 S225 CEPAS 21071654415221 This document is effective on the date filed,unless a F I LE I) subsequent effective date within 90 days after received date is stated in the document. JUL 162021 Name ADMINISTRATOR CORPORATIONS DIVISION Address City State ZIP Code EFFECTIVE DATE: 7/31/2021 Document will be returned to the name and address you enter above. ✓; "�'' If left blank,document will be returned to the registered office. CERTIFICATE OF AMENDMENT TO THE ARTICLES OF ORGANIZATION For use by Limited Liability Companies (Please read information and instructions on the last page) Pursuant to the provisions of Act 23,Public Acts of 1993,the undersigned execute the following Certificate of Amendment: 1. The present name of the limited liability company is: QUICKEN LOANS, LLC 2. The identification number assigned by the Bureau is: 802434109 3. The date of filing the original Articles of Organization was: 06/21/1985 4. Article I of the Articles of Organization is hereby amended to read as follows: The name of the limited liability company is: ROCKET MORTGAGE, LLC 15. The effective date of this amendment is:July 31,2021 6. ❑ The amendment was approved by a majority in interest if an operating agreement authorizes amendment of the articles of organization by majority vote. Q The amendment was approved by unanimous vote of all the members entitled to vote. This document is hereby signed as required by Section 103 of the Act. ry, 1 PC e Id ler=3 : �r 16th July 2021 Signed this day o MAY 2 3 202Z By City Clerk (Signature of Member,Manager,or Authorized Agent) Iowa City, Iowa Christopher Kawa,Authorized Agent (Type or Print Name and Capacity) i E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT BK: 5825 PG: 973 Recorded: 8/15/2018 at 9:03:56.0 AM Fee Amount: $47.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa PREPARED BY: MATT LIPSKY ADDRESS: QUICKEN LOANS INC. 635 WOODWARD AVE DETROIT,MI 48226 PHONE NO.: (888)663-7374 LOAN MODIFICATION AGREEMENT (MORTGAGE) GRANTOR:WARREN MCDUFFIE,ADRIANE MCDUFFIE GRANTEE: QUICKEN LOANS INC. Legal Description:SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF: Complete legal description on page TAX ID.: 1012417010 Rec.Date:JULY 17,2014 BK:5259 PG:476 INST: When recorded return to: AMROCK 662 WOODWARD AVENUE DETROIT,MI 48226 State:IOWA County:JOHNSON Loan No.: • T. ,.-%EXHIBIT MAY 2 3 202Z I City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT This Document Prepared By: MATT LIPSKY QUICKEN LOANS LNC. 635 WOODWARD AVE DETROIT,MI 48226 (888)663-7374 When Recorded Mail To: AMROCK 662 WOODWARD AVENUE DETROIT,MI 48226 Tax/Parcel#: 1012417010 [Space Above This Line for Recording Data] Original Principal Amount:$188,237.00 FHAVA Case No.: Unpaid Principal Amount: $177,113.43 Loan No New Principal Amount:$132,249.47 Capitalization Amount:$0.00 LOAN MODIFICATION AGREEMENT (MORTGAGE) This Loan Modification Agreement("Agreement"),made this 11TH day of JULY, 2018, between WARREN MCDUFFIE AND ADRIANE MCDUFFIE, HUSBAND AND WIFE ("Borrower") whose address is 69AMHURST,IOWA CITY,IA 52245 and QUICKEN LOANS INC.("Lender"),whose address is 635 WOODWARD AVE,DETROIT,MI 48226,amends and supplements(1)the Mortgage,Deed of Trust or Security Deed (the "Security Instrument"), and Timely Payment Rewards Rider, if any, dated JULY 16, 2014 and recorded on JULY 17,2014 in BOOK 5259 PAGE 476,of the OFFICIAL Records of JOHNSON COUNTY, IOWA, and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property",located at 69 AMHURST ST,IOWA CITY,IOWA 52245 (Property Address) the real property described being set forth as follows: HUD-IIAM� Page I MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF: In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows(notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of, AUGUST 1, 2018 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $132,249.47,consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest and other amounts capitalized,which is limited to escrows,and any legal fees and related foreclosure costs that may have been accrued for work completed,in the amount of U.S.$0.00. 2. Borrower promises to pay the Unpaid Principal Balance,plus interest,to the order of Lender Interest will be charged on the Unpaid Principal Balance at the yearly rate of 4.2500%; from AUGUST 1, 2018. Borrower promises to make monthly payments of principal and interest of U.S. $ 650.59, beginning on the 1ST day of SEPTEMBER,2018,and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full.The yearly rate of 4.2500%will remain in effect until principal and interest are paid in full. If on AUGUST 1, 2048 (the"Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement,Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument,including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled,null and void,as of the date specified in paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing,or relating to, any change or adjustment in the rate of interest payable under the Note, including,where applicable, the Timely Payment Rewards rate reduction,as described in paragraph I of the Timely Payment Rewards Addendum to Note and paragraph A.1. of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled;and (b) all terms and provisions of any adjustable rate rider,or Timely Payment Rewards Rider,where applicable, or other instrument or document that is affixed to, wholly or partially incorporated HUD-xAMt- Page 2 !� .� J MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in(a)above. 5. If the Borrower has,since inception of this loan but prior to this Agreement,received a discharge in a Chapter 7 bankruptcy,and there having been no valid reaffirmation of the underlying debt, by entering into this Agreement, the Lender is not attempting to re-establish any personal liability for the underlying debt. 6. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by,"and comply with,all of the terms and provisions thereof,as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs,executors,administrators,and assigns of the Borrower. J6 ne. 3 C;cmeo MAY 2 3 2022 HUD-HA` City Clerk Page Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT In s0Whereof,1 hay e cc .this Agreement. / Boirowl WARREN MCDUFF Date UL\JC - -7/c)-9 jib Borrower:ADRIANE A DUFFIE Date [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF IOWA_ COUNTY OF .} ,d ,-,5 IN n On this o7 �day of J u)yy ,20 /iti ,before me personally appeared WARREN MCDUFFIE,ADRIANE MCIIUFFIIE to me personally known,to be the person(or persons)described in d who executed the foregoing instrument,and acknowledged that be/she/they executed the same as s/he their free act and deed. ' ‘Z)i) Notary Public 4411��h ,r RETHA HAAS ' l Commission Number 198807 Printed Name: q `1�‘A,4-5z 1:1. My Commission Expires (Seal,if any) %r October 8,2019 My Commission expires: , 1b-- 8-- aery HUD-RAMP Flis__,,.k.-... D Page 4 MAY 2 3 2022 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT In Witness Whereof,the Lender has executed this Agreement. QUICKEN LOANS INC. By Linda O'Hare (print name) Loss Mitigation Officer Date (title) [Space Below This Line for Acknowledgments] LENDER ACKNOWLEDGMENT STATE OF MICHIGAN COUNTY OF WAYNE SiA / The foregoing instnttnent was acknowledged before me this 1 by Linda O'Hare ,the Loss Mitigation Officer of QUICKEN LOANS INC.,a company,on behalf of said company. Notary blie KYL1E PARKS Notary Public. State of Michigan Printed Name: �,)If/} ii County of Wayne a My Commission Expires Mycommissionexpires: Acting In the county of Drafted By: QUICKEN LOANS INC. 635 WOODWARD AVE DETROIT,MI 48226 P. k HUD-RAMP- MAY 2 3 2022 Page 5 City Clerk Iowa City, Iowa • • E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Date:JULY 11 2018 Loan Number: Lender:QUICKEN LOANS INC. Borrower:WARREN MCDUFFIE,ADRL=INE MCDUFFIE Property Address:69 AMHURS'T ST,IOWA CITY,IOWA 52245 NOTICE OF NO ORAL AGREEMENTS THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORALAGREEMENTS BETWEEN THE PARTIES. Receipt of Notice. The undersigned hereby admit to having each received and read a copy of this Notice on or before execution of the Loan Agreement. "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents,pursuant to which a financial institution loans or delays repayment of or agrees to loan or delay repayment of money,goods or any other thing of value or to otherwise extend credit or make a financial cc mmodation. 62-44 Borrower Date WMZUFFIE [PI 1(6 Borrower Date ADRIANE MCDUF 1 t, r� �s Page 6 MAY 2 3 2022 City Clerk Iowa City, Iowa 1 E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Date:JULY 11 2018 Loan Number Lender: QUICKEN LOANS INC. Borrower:WARREN VICDUFIelh,ADRIANE MCDUFFIE Property Address:69 AMEIURST ST,IOWA CITY,IOWA 52245 ERRORS AND OMISSIONS COMPLIANCE AGREEMENT In consideration of QUICKEN LOANS INC. (the "Lender") agreeing to modify the referenced loan (the "Loan") to the Borrower, the Borrower agrees that if requested by the Lender,the Borrower will correct,or cooperate in the correction of,any clerical errors made in any document or agreement entered into in connection with the modification of the Loan, if deemed necessary or desirable in the reasonable discretion of the Lender,to enable Lender to sell,convey, seek guaranty or market the Loan to any entity,including without limitation,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal Housing Authority, the Department of Veterans Affairs or any municipal bond authority. The Borrower agrees to comply with all such requests made by the Lender within 30 days of receipt of written request front the Lender.Borrower agrees to assume all costs that may be incurred by the Lender,including without limitation, actual expenses, legal fees and marketing losses, as a result of the Borrower's Failure to comply with all such requests within such 30 day time period. The Borrower makes this agreement in order to assure that the documents and agreements executed in connection with the modification of the Loan will conform to and be acceptable in the marketplace in the event the Loan is transferre , onveyed,guarante keted by the Lender. —7/a W MCDUFFIE / Date 71?'11r6 A LANE MCDUFFI Date page 7 MAY 2 3 2022 City Clerk Iowa City, Iowa • E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT MIMS • EXHIBIT A Legal Description: Lot 82 in Court Hill-Scott Boulevard Part VI Addition, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 16, Page 66, Plat Records of Johnson County, Iowa, FILED MAY 2 3 2022 City Clerk Iowa City, Iowa essinam • E„. MoE�F1_LED��2��APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT ROCKSent Via First-Class Mail® 01!11/2022 WARREN MCDUFFIE ADRIANE MCDUFFIE 13 COLL CT IOWA CITY, IA 52246-4119 Loan Number: Property Address: 69 AMHURST ST IOWA CITY,IA 52245-4001 Dear WARREN MCDUFFIE and ADRIANE MCDUFFIE: This letter is formal notice by Rocket Mortgage, LLC, the Servicer of the above-referenced loan acting on behalf of GNMA JPM-EBO WAREHOUSE LN, that you are in default under the terms of the documents creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security Deed("Security Instrument"), for failure to pay amounts due. You have a right to cure your default. To cure the default,you must pay the full amount of the default on this loan by 02/15/2022 (or if said date falls on a Saturday, Sunday, or legal holiday, then on the first business day thereafter). Failure to cure the default on or before this date may result in acceleration of the sums secured by the Security Instrument, foreclosure by judicial proceeding where applicable,and sale of the property. As of the date of this notice, the total amount required to cure the default is$38,491.16, which consists of the following: Next Payment Due Date: 11/01/2019 Total Monthly Payments Due: $37,927.18 11/01/2019 at $1,377.04 12/01/2019 at $1,380.14 01/01/2020 at $1,380.14 02/01/2020 at $1,380.14 03/01/2020 at $1,380.14 04/01/2020 at $1,380.14 05/01/2020 at $1,380.14 06/01/2020 at $1,380.14 07/01/2020 at $1,387.08 08/01/2020 at $1,387.08 09/01/2020 at $1,387.08 10/01/2020 at S 1,387.08 11/01/2020 at $1,387.08 12/01/2020 at , S1,423.95 01!01/2021 atF �,'® $1,423.95 02/0I/2021 • at ex $1,423.95 .�,,I©ir # 03!01/2021 at MAY 2 3 202Z $1,423.95 04101/2021 at S 1,423.95 ■w DEN DEMAND Rev. 12/2021 City Clerk Page 1 44 Iowa City, Iowa - E-FILED 2022 APR 19 8:43 AM JOHNSON -CLERK OF DISTRICT COURT 05/01/2021 at S1,423.95 06/01/2021 at $1,423.95 07/01/2021 at $1,423.95 08/01/2021 at $1,423.95 09/01/2021 at S1,423.95 10/01/2021 at $1,423.95 11/01/2021 at S1,423.95 12/01/2021 at S 1,433.18 01/01/2022 at $1,433.18 Late Charges: $156.12 Corporate Advance Balance: $602.35 Unapplied Balance: ($194.49) TOTAL YOU MUST PAY TO CURE DEFAULT: S38,491.16 You can cure this default by making a payment of$38,491.16 by 02/15/2022. Please note any additional monthly payments, late charges and other charges that may be due under the Note, Security Instrument and applicable law after the date of this notice must also be paid to bring your account current. You may contact our Loss Mitigation Department at 1-800-508-0944 to obtain updated payment information. You may also visit our website www.RocketMortgage.com. This letter is in no way intended as a payoff statement for your mortgage, it merely states an amount necessary to cure the current default. Please include your loan number and property address with your payment and send to: Rocket Mortgage,LLC 635 Woodward Detroit,MI 48226 If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and reinstatement amount,you may contact us by calling 1-800-508-0944. To the extent your obligation has been discharged or is subject to the automatic stay in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect a debt as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name,address, and telephone number. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, Rocket Mortgage, LLC offers consumer assistance programs designed to help resolve delinquencies and avoid foreclosure. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives to foreclosure. If you would like to learn more about these programs, you may contact ACCT RESOLUTION TEAM at 800-508-0944 Monday- Friday: 8:30 a.m. to 9:00 p.m. ET and Saturday: 9:00am -4:00pm ET to discuss possible opt-ions. You may also visit our website www.RocketMortgage.com. WE ARE VERY INTERESTED IN ASSISTING YOU. You have the right to reinstate the loan after acceleration and the right to assert in the foreclosure proceeding, or to bring a court action to assert, the non-existence of a default or any other defense you may have to acceleration and sale. If foreclosure proceedings are undertaken, we may pursue a deficiency judgment, if permitted by applicable law. Failure to respond to this letter may result in the loss of your property. Rocket Mortgage, LLC is a debt collector, this is an attempt t a debt al any information obtained will be used for that purpose. W_GEN DEMAND Rev. 1212021 MAY 2 3 2022 Page 2 of 4 City Clerk Iowa City, Iowa E-FILED 2022 APR 19 8:43 AM JOHNSON-CLERK OF DISTRICT COURT You are notified that this default and any other legal action that may occur as a result thereof may be reported to one or more local and national credit reporting agencies by Rocket Mortgage, LLC. Attention Servicemembers and Dependents: Servicemembers on active duty, or a spouse or dependent of such a servicemember, may be entitled to certain protections under the Servicemembers Civil Relief Act ("SCRA") regarding the servicemember's interest rate and the risk of foreclosure. SCRA and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last twelve(12) months, AND joined after signing the Note and Security Instrument now in default, please notify Rocket Mortgage, LLC immediately. When contacting Rocket Mortgage, LLC as to your military service, you must provide positive proof as to your military status. Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. Homeowner counseling is also available at agencies such as Military OneSource (www.militaryonesource.mil; 1-800-342-9647) and Armed Forces Legal Assistance (http:/Ilegalassistance.law.af mil), and through HUD-certified housing counselors (http://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfrn). You can also contact ACCT RESOLUTION TEAM toll-free at 800-508-0944 if you have questions about your rights under SCRA. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call 1-800-569-4287 or visit http://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at 1-888-995-HOPE(4673). This matter is very important. Please give it your immediate attention. Sincerely, Rocket Mortgage, LLC 635 Woodward Detroit, MI 48226 1-800-508-0944 For more information, visit www.RocketMortgage.com. You may also email ACCT RESOLUTION TEAM at Accoun tResolu tion@RocketMortgage.com. If you want to send us a Qualified Written Request, a Notice of Error,or an Information Request, you must mail it to Rocket Mortgage, LLC P.U. Box 442359 Detroit,MI 48244-2359 no 1,4 MAY 2 3 2022 City Clerk W Gt N DEMAND Rev. 12/2021 Iowa City, Iowa - Page 3 of4 [-FILED 2022 APR 19 fi 4114cAlAt.1,94614QBb-CLERK OF DISTRICT COURT i�� 913.Overland663.7600 Park. KS 66213-2660 S O U T H L A YY southlaw.corn A Professional Corporation polices In Missouri • Kansas• Nebraska •Iowa April 4,2022 Warren McDuffie 13 Coll Ct Iowa City,IA 52246-4 1 1 9 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 69 Amhurst St,Iowa City,IA 52245 Loan Servicer: Rocket Mort age,LLC Loan Number: Original Loan Amount: $188,237.00 Date of Note: July 16,2014 Creditor: Rocket Mortgage,LLC f/k/a/Quicken Loans,LLC f/k/a Quicken Loans Inc. File No. 211080 Dear Borrower and/or Owner: This finn represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $129,639.02,plus contractual interest from October 1,2019,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$219,703.35 to be paid within 14 days from the date of this letter in accordance with Iowa Code§654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check, certified check,or money order, and payable to Rocket Mortgage, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: SouthLaw Loss Mitigation Department (913)663-7600 FILE " (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska 8:30 a.m.—4:30 p.m.CST E-mail:lossmit@soutlilaw.com MAY 2 3 2022 City Clerk EXHIBIT Iowa City, low • If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw, P.C.,a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any infonnation obtained by the law firm will be used for that purpose. E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice Ycu are receiving tnis notice because(1)your lender aelieves that your mortgage is seriously delinquent, or (2)a foreclosure petition was recently filed against you_Tie purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Help is a group of organizations partnering with tie Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located 'ignt here in Iowa_ Iowa Mortgage Help is here to assist you in working though your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are availaple to you. Wien you call, you will be referred to a trained, professional counselor who will listen to your situation and offer=ree, confidential advice tnrougn each step cf the process. In some cases,we are able to wor•(with lenders and porrowers to restructure mortgage terms. Wiile we are not axle to ielp everyone, we are able to ielp tie majority of homeowners w-o call Iowa Mortgage F elp_ The fact that a fc-eclosure petition may oe o•has peen filed against you does -ct necessarily mean that you will lose your house. It is NOT too Tate_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 lowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 f i www.lowaMcrtgageFelp.com MAY 2 3 2022 I-ic nc i c:ix tcin❑me v cc.:a:rci_::c :la:� �jc;;c cn I•=::'%;. City Clerk Iowa City, Iowa E-FILED 2022 APR 19 El#i4cPl t ?iti4q@b-CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTH L A W 913.663.7600 south law.com A Professional Corporation ,nkesm Missouri • Kansas • Nebraska •Iowa April 4,2022 Warren McDuffie 69 Amhurst St Iowa City,IA 52245 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 69 Amhurst St,Iowa City,IA 52245 Loan Servicer: Rocket Mort age,LLC Loan Number: Original Loan Amount: $188,237.00 Date of Note: July 16,2014 Creditor: Rocket Mortgage,LLC f/k/a/Quicken Loans,LLC f/k/a Quicken Loans Inc. File No. 211080 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $129,639.02,plus contractual interest from October 1,2019,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$219,703.35 to be paid within 14 days from the date of this letter in accordance with Iowa Code §654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary-to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check,certified check,or money order,and payable to Rocket Mortgage, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: SouthLaw Loss Mitigation DepartmentI:', ED (913)663-7600 .1-._ (800)(800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska 8:30 am.—4:30 p.m.CST MAY 2 3 202Z E-mail:lossmit(ciisouthlaw.com City Clerk Iowa City, Iowa If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw,P.C.,a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. • E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving his notice because(1)yourlender pelieves tnat your mortgage is seriously delinquent, or (2)a foreclosure petition was recently filed against you.Tie purpose of this notice is to inform you that help is available through Iowa 'Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Help is a group of organizations partnering with tie Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located rig-it here ii Iowa_ Iowa Mortgage Help is here to assist you in working though your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are availaale to you. Wien you call,you will be referred to a trained_ professional counselor who will listen to your situation and offer free, confidential advice tirougn each step of the process. In some cases,we are able to wcr,,c with lenders and oorrowers to restructure mortgage terms. 'WViile we are not axle to ielp everyone, we are able to ielp tie majority of homeowners vrio call Iowa 'Mortgage Help. The fact that a foreclosure petition may ae or has peen filed against you does not necessarily mean hat 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 Iowa MortgageHelp.com. This free call could save your home. Iowa Mortgage Help , 1-877-622-4866 rj www.lowaMortgagehelp.com ` MAY 2 3 2022 I iz nci c.:i-tcinc rcv cc.:as rcl_ cc Ict•:a��jc as:cn I•=_' City Clerk Iowa City, Iowa E-FILED 2022 APR 19 � ys011,9[0115gm-CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTH L A W 913.663.7600 SOuth law.corn A Professional Corporation ,vices in Missouri• Kansas• Nebraska •Iowa April 4,2022 Adrian McDuffle 13 Coll Ct Iowa City,IA 52246-4119 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 69 Amhurst St,Iowa City,IA 52245 Loan Servicer: Rocket Mort age,LLC Loan Number: Original Loan Amount: $188,237.00 Date of Note: July 16,2014 Creditor: Rocket Mortgage,LLC f/k/a/Quicken Loans,LLC f/k/a Quicken Loans Inc. File No. 211080 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $129,639.02,plus contractual interest from October 1,2019,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$219,703.35 to be paid within 14 days from the date of this letter in accordance with Iowa Code §654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its tights without further notice,including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check, certified check,or money order,and payable to Rocket Mortgage, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: SouthLaw Loss Mitigation Department FILED (913)663-7600 (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska MAY 2 3 2022 8:30 a.m.—4:30 p.m.CST E-mail:lossmit@southlaw.com City Clerk Iowa City, Iowa If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law finn 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 finn will be used for that purpose. • r E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving this Notice because(1)your lender aelieves tiat your mortgage is seriously delinquent, or (2)a-areclosure petition was recently filed against you.Tie purpose of this notice is to in=omi you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Helo is a group of organizations oartneri-1g with tie Iowa Attorney Generals Office and the Iowa Finance Authority to o-fer all Iowans access to-ree• confidential mortgage counseling with local organizations located 'ignt here in Iowa. Iowa Mortgage Helo is here to assist you in working though your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call• the more options that are availaole to you. Wien you call,you will be re-erred to a trained, professional couiselor who will listen to your situation and o-fer=ree• confidential advice through each step of the process. In some cases.we are able to wor•(with lenders and Dor'owers to restructure mortgage terms. Wide we are not aole to ielp everyone, we are able to ielp the majority of homeowners who call Iowa Mortgage I-elp. The fact that a=c•eclosure petition may oe a-has uee-i filed against you does hot necessarily mean tiat you will lose your house. It is NOT too late.There is still time fc'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 Iowa MortgageHelp.com. This free call could save your home. --.- ram. Iowa Mortgage Help 1-877-622-4866 '' - , HWw.lawaMcrtgagebelp_com MAY 2 3 2022 I-i-n I i-tcirn�^rV c...a=rci - ..I-'.•a"p.i. City Clerk .. .. _ �.... .... _. .. ,_...:n CL:I• - Iowa City, Iowa • E-FILED 2022 APR 19 liauo tphibl4q@b-CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 SOUTH L A W 913.663.7600 south law.corn A Professional Corporation offices In Missouri• Kansas • Nebraska •Iowa April 4,2022 Adriane McDuffie 69 Amhurst St Iowa City,IA 52245 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 69 Amhurst St,Iowa City,IA 52245 Loan Servicer: Rocket Mort age,LLC Loan Number: Original Loan Amount: $188,237.00 Date of Note: July 16,2014 Creditor: Rocket Mortgage,LLC f/k/a/Quicken Loans,LLC f/k/a Quicken Loans Inc. File No. 211080 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $129,639.02,plus contractual interest from October 1,2019,and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$219,703.35 to be paid within 14 days from the date of this letter in accordance with Iowa Code§654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including,but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check,certified check,or money order, and payable to Rocket Mortgage, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m.CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: • SoutlLaw Loss Mitigation Department fl 1 F ;�,, ,- (913)663-7600 (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska . ,.i 8:30 a.m.—4:30 p.m.CST MAY 2 3 Z0� E-mail:lossmit(u southlaw.com 12 City Clerk Iowa City, Iowa If you are in bankruptcy or received a bankruptcy discharge of this debt,this cornntunication 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. 4 E-FILED 2022 APR 19 8:43 AM JOHNSON - CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving this notice because(1)your lender oelievesthat your mortgage is seriously delinquent, or (2)a-o'eclosure petition was recently filed against you. Tne purpose of this notice is to in-o'm you that help is available through Iowa ',rlortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Helo is a group of organizations partnering with the Iowa Attorney• eneral's Office and the Iowa Finance Authority to o=fer all Iowans access to-ree• confidential mortgage counseling with local organizations located right here in Iowa_ Iowa Mortgage Helo 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 availacle to you. 'Wen you call, you will be re-erred to a trained_ professional counselor who will listen to your situation and o=fer=ree, confidential advice tnrougn each step of the o'ocess. In some cases_we are able to wore with lenders and Dor rowers to restructure mortgage terms. 'Wile we are not axle to Help everyone, we are able to Help the majority of homeowners who call Iowa 'Mortgage Help. The fact that a 'c-eclosure petition may oe o'has peen filed against you does not necessarily mean that you will lose you-house. It is NOT too late. Thee 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 Iowa MortgageHelp.corrr. This free call could save your home. y=S ra Iota Mortgage Help }y 1-87 7-62 2-486t www.lowaMcrtga;-el-elp_com MAY 2 3 2022 I is nci c;:i Leine ry ux as rel_ :Ic a cn I•-ier';. City Clerk Iowa City, Iowa • Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. he/p is avai/abiL Iowa Mortgage Help offers all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to lowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help r 01, 1-877-622-4866 MAY 2 3 2022 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.4B(2). END OF CASE FILE Kellie Fruehling From: Kellie Fruehling Sent: Tuesday, September 13, 2022 1:39 PM To: Michelle Cook; Kathleen Thornton; Mary McChristy Subject: Petition filed Attachments: Lawsuit 9.13.22.pdf Attached. Gera I $WA CITY A UNESCO CITY OF LITERATURE 7<eIae rFrueklin jc, C?MMC City Clerk office:319-356-5041 410 E Washington St,Iowa City,IA 52240 WWW.ICGOV.ORG © © • 0 1 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, CASE NO. Etouv ()%j���� Plaintiff, ORIGINAL NOTICE vs, RANDY J. VERMACE, MARTI M. VERMACE, CAPITAL ONE BANK, USA NA, H&R ACCOUNTS INC., CITY OF IOWA CITY, AND PARTIES IN POSSESSION, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): ''�/' of I ow CA L/Ity You are notified that a Petition has been filed in the office of the Clerk of this Court,naming you as a Defendant in this action. A copy of the Petition (and any documents filed with it) are attached to this notice. The attorney for the Plaintiff is Brian G. Sayer of The Sayer Law Group, P.C., whose address is 925 E 4th St., Waterloo, Iowa 50703. That attorney's phone number is (319) 234-2530; facsimile number(319) 232-6341. You must serve a motion or answer within 20 days after service of this Original Notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the Johnson County Courthouse,in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. This case has been filed in a county that utilizes electronic filing. Please review Iowa Court Rules Chapter 16 for general rules and information on electronic filing and division VI of Chapter 16 regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920 x1100. 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. wwp - .. 1 77 E-FILED 2022 SEP 08 8:50 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083733 County Johnson Case Title JPMORGAN CHASE BANK NA VS RANDY J VERMACE, ET AL. You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at w��w.�c y i »acourts state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowagov/does/ACO/( o irtRulesChapter/1.6.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourselt7protect-personal-information/. Scheduled Hearing: If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information, see www.iowacourts.gov/for-the-public/ada . Disability access coordinators cannot provide legal advice. Date Issued 09/08/2022 08:50:33 AM et - . , ,, ,, - ,..., y ,i1- -rri.:AA, , . ..., _ ,„ ,,,,,,_ . -0 , ,,..,,, - .. , t), District Clerk of Court or/by Clerk's Designee of Johnson County a Isl Christine Roselund E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, CASE NO. Plaintiff, FORECLOSURE PETITION vs, RANDY J.VERMACE, MARTI M.VERMACE, CAPITAL ONE BANK,USA NA, H&R ACCOUNTS INC., CITY OF IOWA CITY, AND PAR LIES IN POSSESSION, Defendants. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE.IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE,BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING.YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE.THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.YOU MAY PURCHASE AT THE SALE. r.. ;-s c COMES NOW the Plaintiff,and for a cause of action states: 1. Plaintiff elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this action (Subject Property) is not used for agricultural purposes and is a one-family or two-family dwelling.The Subject Property is legally described in Exhibit A and that exhibit is incorporated by this reference. 2. Plaintiff is a company duly authorized to transact business and to bring this action. 3. Plaintiff waives its right to a deficiency judgment against all defendants and is seeking a judgment solely in rem or against the property. IA220276 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT 4. Upon information and belief Randy J.Vermace and Marti M.Vermace are a married couple. 5. The Defendant-Borrower(s)executed a certain promissory note(Note).By executing the Note,the Defendant-Borrower(s)agreed to repay the sum stated in the Note,plus interest and costs,according to the Note's terms. A copy of the Note is attached as Exhibit B and is incorporated by this reference. 6. To secure payment of the Note, the Defendant-Mortgagor(s), executed and delivered a certain mortgage (Mortgage) in writing. The Mortgage placed a lien on the property legally described in the Mortgage.A copy of the Mortgage is attached as Exhibit C and is incorporated by this reference.Copies of the Assignments of Mortgage are attached as Exhibit D and incorporated by this reference. 7. Plaintiff holds the Note and Mortgage and is entitled to enforce them. Plaintiff has the right to foreclose. 8. The Mortgage and Note provide that in the case of default, the holder may declare the entire principal,and the interest accrued thereon,due and payable and the Mortgage may be foreclosed. 9. The Defendant-Borrower(s) defaulted on the Note by failing to make payments according to the Note's terms. 10. By reason of the Defendant-Borrower(s)default,Plaintiff has accelerated the balance due,making the whole of the Note due and payable forthwith,and is exercising its right to enforce payment of the entire Note by foreclosing the Mortgage given to secure payment. 11. The unpaid balance due on the Note after allowing all credits due to the Defendant-Borrower(s)is the principal balance of $119,136.25, plus interest as provided in the Note and as may have been subsequently adjusted thereafter. 12. Plaintiff has incurred and will continue to incur fees and costs incurred in servicing the loan, including those of collection and foreclosure and reasonable attorney's fees and costs, as well as any and all advances made by the Plaintiff for taxes, insurance, property preservation and other fees and costs incurred between the time of the Foreclosure Decree and the time of Sheriff's Sale. These fees are recoverable from the Borrower-Defendant(s) according to the Note and Mortgage. I 11 13. Due demand has been made for payment of the Note,and payment has not occurred. 14. Under the terms of the Mortgage a receiver may be appointed to preserve the Mortgaged Premises and collect rents. 15. Plaintiff, or its predecessor in interest or servicing agent,mailed a Notice of Right to Curd,to the Defendant-Borrower(s) and more than 30 days have elapsed since that mailing. A copy of said Notice is attached as Exhibit E and incorporated by this reference. IA220276 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT 16. An Affidavit of Attorney's Fees as required by Iowa Code section 625.22 is attached as Exhibit F and incorporated by this reference. 17. Pursuant to Iowa Code section 654.4B(1)Plaintiff,through its attorney,sent a Demand for Payment to the Defendant(s) as stated in the Affidavit of Mailing filed with the Court. A copy of said Demand is attached as Exhibit G and incorporated by this reference. 18. Pursuant to Iowa Code section 654.4B(2) Plaintiff sent a Mortgage Mediation Notice to the Defendants(s)as stated in the Affidavit of Mailing filed with the Court. A copy of said Notice is attached as Exhibit H and incorporated by this reference. 19. The Defendants, Parties in Possession(if any)are joined as defendants because they may claim a right,title,or interest in the Mortgaged Premises. 20. The following are joined as defendants to this action because they may claim a right,title,or interest in the Mortgaged Premises, by virtue of, but not limited to, the right, title or interest described below (defendant's name: type of potential interest(case no./recording info.)): 20.1. Capital One Bank USA NA: Judgment(SCSC083723) 20.2.H&R Accounts Inc.: Judgment(SCSC087088) 20.3. City of Iowa City:Judgment(CVCV077569), Judgment(ICCISC100592) 21. Any right,title,or interest any of the Defendants may have to the Mortgaged Premises is junior and subordinate to Plaintiff's interest. WHEREFORE,the Plaintiff respectfully prays for the following: A. That the Court order judgment solely in rem, or against the property,against the Mortgaged Premises, for the principal balance due,plus interest, fees,and costs as shown by the proof,along with reasonable attorney's fees; B. That the Court declare the judgment sum a lien upon the Mortgaged Premises from the date of the Mortgage; C. That the Court declare the Mortgage prior and superior to any right,title,lien,or interest of any of the Defendants in or to the Mortgaged Premises; :,, - : --- C CJ D. That the Court order the Mortgage foreclosed; E. That a special execution be issued for the sale of the Mortgaged Premises or so much thereof is necessary to satisfy the judgment including any advances by Plaintiff after entry of judgment but before sheriff's sale; IA220276 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT F. That the Court order that upon sale of the Mortgaged Premises any right,title, lien, or interest of the Defendants in or to the Mortgaged Premises is forever cut off,barred and foreclosed,and that the purchaser at said sale take title free and clear of any right,title, lien,or interest of any of the Defendants; G. That the Court under seal order the issuance of a Writ of Possession,directed to the County Sheriff,commanding him to put the purchaser or successor-in-interest in possession of the Mortgaged Premises; H. That upon motion by Plaintiff,the Court appoint a receiver to collect rents or prevent waste on the Mortgaged Premises; and, I. That the Court grants such further relief it deems just and equitable. THE SAYER LAW GROUP,P.C. By: AM" Bri: G. S. -1Frai..5893 C. 'or=: Lasley AT0009803 C.Anthony Crnic AT0009864 / Janelle G.Ewing AT001091&✓ 925 E. 4th St. Waterloo, Iowa 50703 Phone: 319-234-2530 Fax: 319-232-6341 E-Mail: generalupdates®sayerlaw.com ATTORNEYS FOR THE PLAINTIFF E..wi IA220276 • E-FILED 2022 SEP 07 1446 V.JpFAISA\1, - CLERK OF DISTRICT COURT EXII1DIt LOT TWELVE (12)IN BLOCK THIRTEEN(13)IN RUNDELL,JOHNSON COUNTY, IOWA,ACCORDING TO THE RECORDED PLAT THEREOF r*/) ri - C rri ; •• • E-FILED 2022 SEO7 11:36 PM JOHNSON -CLE F DISTRICT COURT EXHIBIT DJUSTABLE RATE NOTE 'LIBOR Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. • March 24,2004 Orange CA Date City S tale 841 S 7TH AVE, IOWA CITY,IA 52240 Property Addreee 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$140,000.00 (this amount Is called"principal"), plus interest,to the order of the Lender, The Lender Is Ameriquest Mortgage Company. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note I-[older." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a.) yearly rate of 7.950%. This interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any.) default described in Section 7(8)of this Note. _... _ Ir. C+3 3. PAYMENTS �p F 6 • (A)Time and Place of Payments -'734. I will pay principal and Interest by making payments every month. I will make my monthly payments on the first day of each month beginning on May 1,2004. I will make these payments every month until 1 have paid all of the principal and Interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal.' If, on,April 1,2034, I still owe amounts under this Note, I will pay those amounts in full on that date,which Is called the"Maturity Date." I will make my payments at: 505 City Parkway West,Suite 100, Orange,CA 92868 or at a different place If required by the Note Holder, (B)Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$1,022.40. This amount may change. (C)Monthly Payment Changes Changes In my monthly payment will reflect changes in the unpaid principal of my loan and In the interest rate that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The Interest rate I will pay may change on the first day of, April,2006 and on that day every sixth month thereafter. Each date on which my Interest rate could change Is called a"Change Date." (B)The Index Beginning with the first Change Date,my Interest rate will be based on an Index. The"index" is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the"Current Index." If at any point in time the Index Is no longer available,the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six and one-quarter percentage polnt(s)(6.250%)to the Current Index, The Note Holder will then round the result of this addition to the nearest one-eight of one percent(0.125%), Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. initials: 1 or3 . . • ' E-FILED 2022 SE•7 11:36 PM JOHNSON - CLE F DISTRICT COURT '(D)Limits on Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than 9.950 % or less than 7.950%. Thereafter, my Interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s)1.000%)from the rate of interest I have been paying for the preceding six months. My Interest rate will never be greater than 13.950%or less than 7.950%. (E)Effective Date of Changes My new Interest rate will become effective on each Change Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mall to me a notice of any changes In my interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include Information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. PREPAYMENT PRIVILEGE I may repay all or any part of the principal balance of this Note In accordance with the terms of this Section without Incurring a prepayment charge. A "prepayment" is any amount that I pay in excess of my regularly scheduled payments of principal and interest that the Lender will apply to reduce the outstanding principal balance on this Note In accordance with this Section. (A)Application of Funds I agree that when I Indicate In writing that I am making a prepayment,the Lender shall apply funds It receives In accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (B)Monthly Payments If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this Note and Security Instrument, my regularly scheduled payments of principal and Interest will not change as a result. ft 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,Is finally Interpreted so that the Interest or other ban charges collected or to be collected In connection with this loan exceed the permitted limits,then: (I)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (II)any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces the principal,the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payment If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it Is due,I will pay a late charge to the Note Holder, The amount of the charge will be 5.000%of my overdue payment of prindpal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default III do not pay the full amount of each monthly payment on the date It Is due,I will be in default. (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the Interest that I owe on that amount. The date must be at least 90 days after the date on which the notice Is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay Immediately in full as described above,the Note Holder will still have the right to do so If I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay Immedlately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will bo given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will bo given by mailing It by first class mail to the Note Holder at the address stated In Section 3(A) above or at a different address if I am given notice of that different address. m r / InIUels; +l 2of3 /4/A1/.•. �� t hi" E-FILED 2022 SE4107 11:36 PM JOHNSON - CLE F DISTRICT COURT 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made In this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,Is also obligated to keep all of the promises made In this Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note, 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"moans the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform Instrument with limited variations in some Jurisdictions. In addition,to the protections given to the Note Holder under this Note,A Mortgage, Deed of Trust or Security Deed(the"Security Instrument"), dated the same as this Note,protects the Note Holder from possible fosses which might result if I do not keep the promises that I make in this Note. That the Security Instrument describes how and under what conditions I may be required to make Immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in it is sold or transferred (or if a beneficial Interest in Borrower Is sold or transferred and Borrower Is not a natural person)without the Lender's prior written consent,Lender may,at Its option, require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to lender information required by Lender to evaluate the Intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonable determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lender's consent to the loan assumption, Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. if Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument, If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend, modify, renew or waive such debt, are not enforceable. This written agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be legally enforceable. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. -Reef �1 /'t M VERMACE 2 (Seal) Borrower D J VERMACE orrower MARTI M VERMACE . r Borrower (Seal),• ,.'s (Seal) 8gfrocker • • 3of3 rr E-FILED 2022 SEP Oi l:36. f'4Q JQ NNN -CLERK OF DI Exhibit , Doo ID: 0190886000/8 Tyne: OEN Reoor ed 200A at 04.13:06 PM Fee Amt: Paae i of 18 Johnson County owa Kimberly A. Painter County Heoorder K ' PG Prepared By: Amerl quest Mortgage Company Connie Ragan 7780 Office Plaza Drive, Suite 132,West Des Moines, IA 50266 Return To: Ameriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 pinto Above This Line For Recording Dotal MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated March 24, 2004 together with all Riders to this document. cn (B)"Borrower"isRANDY J VBRMACE and MARTI M 'VERMACE, Husband and Wife, As r J Joint Tenants With Full Rights of -- Survivorship AND NOT AS TENANTS IN COMMON W 77 Borrower is the mortgagor under this Security Instrument. Page 1 of 18 InIlk&,i 1 U• V 1 PI , w E-FILED 2022 SEP 07 11:36 F5M JOHNSON -CLERK OF DISTRICT COURT • (C)"Lender"is Amerignest Mortgage Company Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92668 Lender is the mortgagee under this Security Instrument. (D)"Note"means the promissory note signed by Borrower and dated March 24, 2004 The Note states that Borrower owes Lender one hundred forty thousand and 00/100 Dollars (U.S.$ 140,000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2034 (E) "Property" means the property that is described below under the heading"Transfer of Rights in the • Property" (F) "Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be executed by Borrower[check box as applicable]: n Adjustable Rate Rider 0 Condominium Rider CD Second IIome Rider I Balloon Rider ,Planned Unit Development Rider 1-4 Family Rider 0 VA Rider Biweekly Payment Rider Other(s)[specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments"means all dues,fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. () "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument,which is initiated through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order,instruct, or authorize a financial institution to debit or credit en account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (K)"Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defhult on, the Loan. (N)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. Initials: KIP/ J , 1 V Pago2ar16 03/24/2004 7:37:07MEM, -- 5 E-FILED 2022 SEP 07.11:36 PM JOHNSON -CLERK OF DISTRICT COURT (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C.Section 2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower irrevocably mortgages,grants and conveys to Lender,with power of sale,the following described property located in the County of JOHNSON • [Typo of Recording Jurisdiotioi] [Name of Recording Jurisdioaonl LOT TWELVE (12) IN BLOCK THIRTEEN (13) IN RUNDELL. JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF Parcel ID Number. 1014283020 which currently has the address of 841 8 7TH AVE [Strout] IOWA CITY [City],Iowa 52240 [Zip Code] ("Property Address"): • TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the "Property." iniodig R`/ 1 ‘PI` " Page 3 of 18 03/24/2004 7:37:07 Cn r-nt —;, t �W 4M.wry E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS.Borrower and Lender covenant and agree as fbllows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fbrms,as selected by Lender. (a) cash; (b)money order; (o)certified check, bank check,treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Minds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.Lender may ho[d such unapp[ied funds until Borrower makes payment to bring the Loan current,If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower. If not applied earlier, such fluids will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No oft et or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note; (b)principal due under the Note;(c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment clrarrges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3.Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property,filmy;(c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any, InlUala !/J, f "' r" t` Pafla4of16 03/24/2004 7:37:07 7 E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan,Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds fbr Escrow Items unless Lender waives Borrower's obligation to pay the Funds fbr any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in wasting. In the event of such waiver, Borrower shall pay directly,when and where payable? the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall fbr all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If • Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due fbr an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may,at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lander can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess finds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by.RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,and Community Association Duos,Fees,and Assessments if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees ur writingto the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent 1� lam, Pt, V. I"Iltals: V / Pape 6o!i5 ry 03/24/2004 7;37:07 _ > co E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay,in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or(b)a one-time charge fbr flood zone determination and certification ' services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefbro,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be Intuob: j ., naaoeorus Form 3010 1101 rq C 03/24/2004 7:37:07 E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition,Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds fbr the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8.Borrower's Loan Application.Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false? misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan.Material representations include,but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,. probate) for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay fbr whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property,.Lender's actions can include,but are not limited to: (a)paying any, sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security,Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although IniAats:R.T.V/ I L Page7oi16 !"V 03/24/2004 7:37:07 r co E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If;fir any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums fbr Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refuindable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in lull, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums fir Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to payinterest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in fbrce from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of Rinds that the mortgage insurer may have available (which may include finds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirestl )amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortlee insurer's risk,or reducing losses.If such agreementprovides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. Pogo 8 of 15 rrt 03/24/2004 7:37:07 -- c ) E-FILED 2022 SEP 07.11:36 PM JOHNSON -CLERK OF DISTRICT COURT (b)Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period; Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction;provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's secunty would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taldng,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately.before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: .(a) the total amount of the sums secured immediately before the partial to ring, destruction, or loss invalue divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by thus Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights wider this Security Instrument,Borrower can cure such a default and,if acceleration has occurred;reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. i�uau: U, t`` Pane a of is Form 3018 1/01 rri 03/24/2004 7:37:07 t) E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument ranted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; )is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Len er and any other Borrower can agree to extend,modify,fbrbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnuent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instxurnent,including,but not limited to, attorneys'fees,property inspection and valuation fees, In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charchaing of such fee.Lender may not charge fees that are expressly,prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected m connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law Fpressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any ono time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Inkleb;RSV , Mr V Pops 10 of 16 Form 3016 1/01 ^v 'v 03/24/2004 7:37:07 '-` 'laio i E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT • Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument, 16.Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located, All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other.provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words the singular shall mean and include the plural and vice versa; and(c)the word"may" gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,.including,but not limited to, those beneficial interests transferred in a bond for deed, contract fbr deed installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a Nurture date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower Fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d)Electronic Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18, Irma ;R1 y V Page 11of16 I Form3016 1101 rn 03/24/2004 7:37:07 G) —sa E-FILED 2022 SEP 07'11:36 PM JOHNSON -CLERK OF DISTRICT COURT 20.Sale of Note;Change of Loan Servieer;Notice of Grievance.The Note or a partial interest in the Nate (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken, that time period'will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or(c)which, due to the presence,use, or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are Kenerally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of' which Borrower has actual knowledge, (b) any Environmental Condition,including but not limited to, any spilling,leaking,discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. n. Initials:Rt-V 1 � ~ papa 12 or 16 03/24/2004 7:37:07 cri E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify'(a) the default; (b)the action required to cure the default; (c)a date,not less than 30 days from the date the notices given to Borrower, by which the default must be cured; and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in bill of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including, but not limited to,reasonable attorneys'fees and costs of title evidence. 23. Release.Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument.Lender may charge Borrower a fee for releasing this Security Instrument,but only ifthe fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. 25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOIVMSTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. .,60/ 7- 0"r - 3 s24 ac inat,t fir, Ociv/nace - Borrower RANDX J VRBMACE Date Borrower MARTI M VERMACE Dat Borrower Dale Borrower Da to Borrower Dale Borrower Date Borrower Date Borrower Date RIO 13 of16 03/24/2004 7:37:07 111111111111... �..1 E-FILED 2022 SEP 07 '11:36 PM JOHNSON -CLERK OF DISTRICT COURT 26. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any Rider executed by Borrower and recorded with it. Witnesses: g(111401;P: .e.7-7V44.- —1073.(1-0 (." RANDY J VERMACE .Borrower j'I')(,t'•t rrifue/OlaC4- 3_°Z(Seal MARTI M VERMACE -Borrower (Seal) _ (Seal) Borrowor -Borrowor (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Page 14 of'16 03/24/2004 7:37:07 (.7) 11� -ra ca) E-FILED 2022 SEP 07 '11:36 ISM JOHNSON -CLERK OF DISTRICT COURT STATE OF IOWA, yC�ounty as: ,r494/1--/ On this r2'4day of �l►l!� ,? Day Month/Year b e,g a Notary Public In the State of Iowa, personally appeared e JO morn in. v to me personally known to be the person(s) named In and who executed the foregoing instrument and acknowledged that he/she/they executed the same as hls/her/their free act and deed. My Commission Expires: ;. a, DS Notary Pu Ilo I and for sold ca my and state `A • J.PENL6I/ ". �1'i#s218 ' z MY•e MM; 'as LMY D'�• ...., ry cn r r'I ,�+c W Pogn 15 of 16 ■ 03/24/2004 7:37:07 AM R7V, j,,,, in, u E-FILED 2022 SEP 07'11:36 PM JOHNSON - CLERK OF DISTRICT COURT ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index(As Published in the Wail Street Journal)-Rate Caps) THIS ADJUSTABLE RATE RIDER Is made this 24th day of March , 2004 and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower")to secure Borrower's Adjustable Rate Note (the "Note") to Ameriquest Mortgage Company (the "Lender') of the same date and covering the property described in the Security Instrument and located at: 841 S 7TH AVE, IOWA CITY, IA 52240 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT.THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides far an Initial Interest rate of 7.950 %. The Note provides for changes in the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of April, 2008 , and on that day every sixth month thereafter. Each date on which my interest rate could change Is called a "Change Date." (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index"is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date Is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new Index which is based upon comparable information. The Note Holder will give me notice of this choice. Initials r, ;;:' r. :17 Pane 1 of 3 03l2412404 7 AM., R E-FILED 2022 SEP 07'11:36 PM JOHNSON - CLERK OF DISTRICT COURT (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding six and one-quarter percentage points ( 6.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments, The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.950%or less than 7.950%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One(1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.950)% or less than 7.950)%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes In my Interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument Is amended to read as follows: Transfer of the Property or a Beneficial interest In Borrower. As used In this Section 18, "Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. Initials t 7 C../5 • co) Page2of3 03/24/2004 7:37:07 9 E-FILED 2022 SEP 07'11:36 Pm JOHNSON - CLERK OF DISTRICT COURT If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exorcised by Lender if such exercise is prohibited by federal law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as If a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a broach of any covenant or agreement In this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment In full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Oq P\MV lariir G�(Y+,(/l 3 -e (Seal) of 3�1 l Q d t1"(Aaal) Borrower RANDY J VERMACE Borrower MARTI lei VERMACE (Seal) (Seal) Borrower Borrower ^.J (~) CA) age 3 of 3 03l2412004 7:37:07 AM E-FILED 2022 SEP 07 1JRf1f1ON -CLE Re o2 359ga..0i Typgot OHN FoseAmtt eao'laof it38i08 All Johnson Own V I a 114379count./ � 756 er When Recorded Return To: CITI RESIDENTIAL LENDING INC. C/O NTC 2100 Alt.19 North Palm Harbor,FL 34683 Effective Date:12/31/2008 Prepared by:Jessica FretweWNTC,2100 Alt.19 North,Palm Harbor,FL 34683 ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which Is hereby acknowledged, the undersigned, CITI RESIDENTIAL LENDING INC., AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGE COMPANY,WHOSE ADDRESS IS 10801 E.6TH STREET,RANCHO CUCAMONGA,CA 91730, (ASSIGNOR), by these presents does convey, grant, sell, assign, transfer and set over the described mortgage together with the certain note(s)described therein together with all Interest secured thereby,all liens,and any rights due or to become due thereon to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. ('MERS') A DELAWARE CORPORATION, ITS SUCCESSORS OR ASSIGNS, AS NOMINEE FOR JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PO BOX 2026, FLINT, MI 48501, (ASSIGNEE). Said mortgage dated 03/24/2004,executed by RANDY J.VERMACE AND MARTI M.VERMACE(grantee) to AMERIQUEST MORTGAGE COMPANY(grantor)and recorded In Book 3766,page 517 or Doc# in the office of the Recorder of JOHNSON,Iowa. THIS 12TH DAY OF DECEMBER IN THE YEAR 2008 CITI RESIDENT LENDING INC.,AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGE COMPANY BY: CRYSTAL VICE PRESIDENT STATE OF FLORIDA COUNTY OP PINELLAS On THIS 12TH DAY OF DECEMBER IN THE YEAR 2008 before me,the undersigned,a Notary Public in and for said County and State,personally appeared CRYSTAL MOORE to me personally known,who being by me duly sworn(or affirmed)did say that he Is VICE PRESIDENT of said corporation,CITI RESIDENTIAL LENDING INC.,AS ATTORNEY-IN-FACT FOR AMERIQUEST MORTGAGEE COMPANY and that said Instrument was signed on behalf of the said corporation by authority of its board of directors and the saidCRYSTAL MOORE acknowledged the execut on of said Instrument to be the voluntary act and deed of said corporation by It voluntarily executed. 1411b x'• Notary PlBtryry ,n S Jta tely o f FloridaBRYAN J.BLY o;perm A Commpp�lle6gaaglotn�#DAD 891056, 6onded•fa U Nligl oteryMen I C/7 CA.) c,.::..., CO r i 1, E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT BK: 5023 PG: 957 Recorded: 12 all at 2:55:08.430 PM Fee Amount: Revenue Tax: Klm Painter RECORDER Johnson County,Iowa When Recorded Return To: JPMorgan Chase Bank,NA C/O NTC 2100 Alt.19 North Palm Harbor,FL 34683 Document Prepared By: E,Lance/NTC,2100 All.19 North FL 34683� ASSIGNMENT OF MORTGAGE Contact JPMORGAN CHASE BANK,N.A. for this Instrument 780 Kansas Lane,Suite A,Monroe,LA 71203, telephone 1(866)756.8747,which Is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION the sufficiency of which is hereby acknowlkeddg�ed,the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.Y AS NOMINEE FOR JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,ITS SUCCESSORS AND ASSIGNS PO BOX 2026,FLINT,MI,48501 by these presents does convey,grant,assign,transfer and set over the described Mon a e with all interest secured thereby,all liens,and any rights duo or to become due thereon to JPMC SP AGE LLC,WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 TS SUCCESSSSORS OR ASSIGNS, (ASSIGNEE). Said Mortgage dated 03124/2004, executed by RANDY J. VERMACE AND MARTI M. VERMACE(grantor)to AMERIQUF,ST MORTGAGE COMPANY(grantee)and recorded in Book 3766,Page 517,and/or Document#n/a in the office of the Recorder of JOHNSON County,State of Iowa.. Dated on ,i / r(I /2012(MM/DD/YYYY) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,ITS SUCCESSORS AND ASSIGNS By: J ASST.SECRTARY '44S STATE/OF LOUISIANA PARISH OF OUACHITA / On / / /r/ /2012 (MM/DD/YYYY), before me appeared ,ri too K personally known, who did say that he/she/theyis/are the ASST. SECRETARY of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, ITS SUCCESSORS AND ASSIGNS and that the instrument was signed on behalf of the corporation(or association),by authority from its board of directors,and that he/she/they acknowledged the instrwncnt to be the free act and deed of the corporation(or association). wP �,�PiUB\} ./1 Lida, ;afMY 7 v✓ /i' 7L4f.3 .roar `} Notary Public-State of LOUISIANA t..,,y4k, Commission expires:Upon My Death ��:: *6MM,, im:.J Iwy w I7.:C- C.,/) • -. ,. .-, ."1 IIIIIIIIIIIIIII i .1 cn E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT Chase(Mail Code LA4-6953) 700 Kansas Lane LISPS CERTIFIED MILTM EXHIBIT Monroe,LA 71203 For Undeliverable Mail Only F. MARTI M VERMACH 841 S 7TH AVE IOWA CITY IA 52240 L.-7D 1.7 C/) > r2j 7.<r- rr —0 C7) co E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT Chase (Mail Code LA4-6398) CHAS E s 700 Kansas Lane Monroe,LA 71203 For Undeliverable Mail Only 04/28/2022 MARTI M VERMACE 841 S 7TH AVE IOWA CITY, IA 52240 Our records indicate that you may have received a discharge of this debt in a prior bankruptcy case. If you have received a discharge, you are no longer personally obligated to repay the loan, and we are not contacting you in an attempt to collect a debt. But, as long as we have a lien on the property, not making payments on the account can ultimately lead to foreclosure. Please read this important information about the status of your loan Account: Property Address: IOWA CITY, IA 52240 (the "property") Original Date of Loan: 03/24/2004 Transaction Description: Loan Secured by Mortgage or Deed of Trust Original Lender: AMERIQUEST MORTGAGE COMPANY Dear MARTI M VERMACE: We want you to be aware of the next steps that may occur if your loan is not brought up to date by 06/02/2022. We understand this may be a difficult time and want you to know that we're here to help if ou're having trouble making your payment. Please read this letter carefully and call us if you have questions. Acceleration Warning (Notice of Intent to Foreclose) Under the terms of your loan agreement, mortgage or deed of trust (Security Instrument) securing your loan, we (JPMorgan Chase sank, N.A. or Chase) are notifying you of the following: 1. Your loan is in default because we haven't received the required monthly payments starting with the payment due 02/01/2022. 2. As of 04/28/2022, the total amount past due is $2,700.77. This includes total past due monthly payments of principal, interest and escrow (if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents. The past-due amount is detailed below. If applicable, you may be responsible for additional escrow amounts that Chase may pay from the date of this letter. If you have questions about the amounts detailed below, please call us as soon as possible. Total Monthly Payments: $2,700.77 This is an attempt to collect a debt and any information obtained will be used for that purpose. E-FL[[ F2 SEP 07 11:36 PM JOHNSON - CLF.RKOF DISTRICT COURT NSF Fees: $0.00 Other Fees:1 $0.00 Advances:1 $0.00 Amount Held in Suspense: $0.00 Other Fees and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for services rendered. You are also responsible for paying any amounts that become due from the date of this letter. This may include taxes, insurance, inspection fees, and other fees and charges, as permitted by applicable law. If you disagree with the past-due amount listed above, or if you believe your loan is current, please call us. 3. Action required to cure the default: You must pay the total monthly payments minus suspense $2,700.77 by 06/02/2022, in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be paid under the terms of your loan documents. 4. Here's what may happen if you don't cure the default on or before 06/02/2022 • We may require payment of your loan balance in full (accelerate the maturity of the loan by declaring all sums secured by the Security Instrument immediately due and payable). • Close (terminate) your credit line if the loan provides for revolving advances. • Begin foreclosure by judicial proceedings, and conduct a sale of the property. If this happens, we may be entitled to collect expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees, and other expenses permitted by your loan documents or applicable law. 5. If your loan is subject to the Iowa Uniform Consumer Credit Code: You are now in default on this credit transaction. You have a right to correct this default until 06/02/2022. If you do so, you may continue with the contract as though you did not default. Your default consists of failure to make the required monthly installments. Before 06/02/2022, you must pay the $2,700.77. If you do not correct your default by this date, we may exercise rights against you under the law. If you default again in the next year, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone promptly. 6. You have the right to reinstate after acceleration of the loan and the right to assert in the foreclosure proceeding the nonexistence of a default, or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the loan, including attorney fees related to any foreclosure action we initiate. 7. Important information for Rural Housing Service-Guaranteed Loans The Rural Housing Service may reimburse us (pay us a loss claim) if the default is not cured by the date referenced above and the account is referred to foreclosure. You may be responsible for repaying this claim to the Rural Housing Service. If your personal liability for this account has not been discharged in a bankruptcy, the Rural Housing Service may use all options, including those under the Debt Collection Improvement Act (DCIA) to recover the full amounts due. The DCIA provides for the collection of outstanding federal debts through the Treasury Offset Program which allows federal payments such as Social Security benefits to be reduced or'offset" in order to repay the outstanding debt. E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT 8. Here's information on how to make your payment of$2,700.77 • Visit chase.com/WaysToPay for information on making online payments. • Call us to make your payment over the phone, free of charge. • Make your payment at a Chase branch. • Mail your payment to one of the addresses below. Regular Mail: CHASE PO BOX 71244 PHILADELPHIA, PA 19176-6244 Overnight Mail: CHASE PO BOX 71244 400 WHITE CLAY CENTER DRIVE NEWARK, DE 19711 If we have received six insufficient funds (NSF) payments in the last six months, certified funds are required and payments must be received by mail or in a Chase branch. Except as required by law, we are not required to accept less than the full amount owed. If we receive less than the full amount owed, we may apply it to your loan without waiving any default or waiving our right to accelerate the loan and begin foreclosure proceedings. 9. Assistance options may be available to help you. We have a variety of homeowner assistance options that might help you keep your home; however, we need to talk with you to discuss these options and determine which of them might be ap ropriate for your circumstances. Please call us as soon as possible at or write to us at: Mail: Chase Attn: Collections Department Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 10. We may complete property inspections while the loan remains in default. Property inspections may be done to determine the property condition, occupancy status and possibly your plans for curing the default and paying this loan on time. Any costs incurred by us may be added to the amount you now owe if permitted by your loan documents or applicable law. Here's where to look for help You can find additional resources below to help you with your mortga : • The Homeowners HOPE Hotline can take your call anytime at • e . . epa men of Housing and Urban Development(HUD) has a list of agencies that offer free mort a e-assistance counseling. For a list of agencies, call HUD at TTY services, or go to hud.gov and, under the "Resources" tab, select"Foreclosure Avoidance Counseling." If you have questions, please call us; we accept operator relay calls. We're here to help Monday through Friday from 8 a,m. to 10 p.m., and Saturday from 8 a.m. to 5 p.m. Eastern Time. Sincerely, , Chase :.: c ase.com - r'` a ` ` E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT Esta comunicacibn contiene informacibn importante acerca de la cuenta. Si tiene alguna pr unta o necesita ayuda para traducirla, cornuniquese con nosotros Ilamando al de tunes a viernes de 8 a.m. a 10 p.m. y sabados de 8 a.m. a 5 p.m., hors del Este. Important Legal Information We are a debt collector This is an attempt to collect a debt and any information obtained will be used for that purpose. However, to the extent your original obligation is subject to the automatic stay of bankruptcy or was discharged under the United States Bankruptcy Code, this notice is for compliance with non-bankruptcy law and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. Nothing in this notice means that you're required to repay a debt that's subject to the automatic stay or has been discharged. Any payment you make on the account is voluntary, but if the original obligation is secured by collateral, we retain the rights under any applicable security instrument. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. Information for Servicemembers and their dependents If you or any occupant of your home are or recently were on active Military duty or related active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act(SCRA), state law, or Chase policy. This includes protection from foreclosure or eviction, and in some cases, interest rate benefits. Some protections also may be available if you are the dependent of an eligible Servicemember. Although Servicemember interest rate benefits under the Servicemembers Civil Relief Act don't allow you to defer payments, some states allow for a payment deferral if certain conditions are met. For more information, please call Chase Military Services at • _• 'L rn _17 ,.. •• O7 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT Chase(Mail Code LA4-6953) 700 Kansas Lane USPS CERTIFIED MAIL' Monroe,LA 71203 For Undeliverable Mail Only RANDY J VERMACE 841 S7THAVE IOWA CITY IA 52240 c c..a 4. «... r- ""'F ) cw) ..._... cp CO E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT Chase (Mail Code LA4.6398) CHASE ell 700 Kansas Lane Monroe, LA 71203 For Undeliverable Mail Only 04/28/2022 RANDY J VERMACE 841 S 7TH AVE IOWA CITY, IA 52240 Our records indicate that you may have received a discharge of this debt in a prior bankruptcy case. If you have received a discharge, you are no longer personally obligated to repay the loan, and we are not contacting you in an attempt to collect a debt. But, as long as we have a lien on the property, not making payments on the account can ultimately lead to foreclosure. Please read this important information about the status of your loan Account: • Property Address: 841 S 7TH AVE IOWA CITY, IA 52240 (the "property") Original Date of Loan: 03/24/2004 Transaction Description: Loan Secured by Mortgage or Deed of Trust Original Lender: AMERIQUEST MORTGAGE COMPANY Dear RANDY J VERMACE: We want you to be aware of the next steps that may occur if your loan is not brought up to date by 06/02/2022. We understand this may be a difficult time and want you to know that we're here to help if you're having trouble making your payment. Please read this letter carefully and call us if you have questions. Acceleration Warning (Notice of Intent to Foreclose) Under the terms of your loan agreement, mortgage or deed of trust (Security Instrument) securing your loan, we(JPMorgan Chase Bank, N.A. or Chase) are notifying you of the following: 1. Your loan is in default because we haven't received the required monthly payments starting with the payment due 02/01/2022. 2. As of 04/28/2022, the total amount past due is $2,700.77. This includes total past due monthly payments of principal, interest and escrow (if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents. The past-due amount is detailed below. If applicable, you may be responsible for additional escrow amounts that Chase may pay from the date of this letter. If you have questions about the amounts detailed below, please call us as soon as possible. Total Monthly Payments: $2,700.77 V.. This is an attempt to collect a debt and any information obtained will be used for that purpose. E-FLLLe F2eL4 SEP 07 11:36 PM JOHNSON - CLiF DISTRICT COURT NSF Fees: $0.00 Other Fees:' $0.00 Advances:I $0.00 Amount Held in Suspense: $0.00 1 Other Fees and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for services rendered. You are also responsible for paying any amounts that become due from the date of this letter. This may include taxes, insurance, inspection fees, and other fees and charges, as permitted by applicable law. If you disagree with the past-due amount listed above, or if you believe your loan is current, please call us. 3. Action required to cure the default: You must pay the total monthly payments minus suspense $2,700.77 by 06/02/2022, in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be paid under the terms of your loan documents. 4. Here's what may happen if you don't cure the default on or before 06/02/2022 • We may require payment of your loan balance in full (accelerate the maturity of the loan by declaring all sums secured by the Security Instrument immediately due and payable). • Close (terminate) your credit line if the loan provides for revolving advances. • Begin foreclosure by judicial proceedings, and conduct a sale of the property. If this happens, we may be entitled to collect expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees, and other expenses permitted by your loan documents or applicable law. 5. If your loan is subject to the Iowa Uniform Consumer Credit Code: You are now in default on this credit transaction. You have a right to correct this default until 06/02/2022. If you do so, you may continue with the contract as though you did not default. Your default consists of failure to make the required monthly installments. Before 06/02/2022, you must pay the $2,700.77. If you do not correct your default by this date, we may exercise rights against you under the law. If you default again in the next year, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone promptly. 6. You have the right to reinstate after acceleration of the loan and the right to assert in the foreclosure proceeding the nonexistence of a default, or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the loan, including attorney fees related to any foreclosure action we initiate, 7. Important information for Rural Housing Service-Guaranteed Loans The Rural Housing Service may reimburse us (pay us a loss claim) if the default is not cured by the date referenced above and the account is referred to foreclosure, You may be responsible for repaying this claim to the Rural Housing Service. If your personal liability for this account has not been discharged in a bankruptcy, the Rural Housing Service may use all options, including those under the Debt Collection Improvement Act (DCIA) to recover the full amounts due. The DCIA provides for the collection of outstanding federal debts through the Treasury Offset Program which allows federal payments such as Social Security benefits to be reduced or"offset" in order to repay the outstanding debt. E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT 8. Here's information on how to make your payment of$2,700.77 • Visit chase.com/WaysToPay for information on making online payments. • Call us to make your payment over the phone, free of charge. • Make your payment at a Chase branch. • Mail your payment to one of the addresses below. Regular Mail: CHASE PO BOX 71244 PHILADELPHIA, PA 19176-6244 Overnight Mail: CHASE PO BOX 71244 400 WHITE CLAY CENTER DRIVE NEWARK, DE 19711 If we have received six insufficient funds (NSF) payments in the last six months, certified funds are required and payments must be received by mail or in a Chase branch. Except as required by law, we are not required to accept less than the full amount owed. If we receive less than the full amount owed, we may apply it to your loan without waiving any default or waiving our right to accelerate the loan and begin foreclosure proceedings. 9. Assistance options may be available to help you. We have a variety of homeowner assistance options that might help you keep your home; however, we need to talk with you to discuss these options and determine which of them mi ht be appropriate for your circumstances, Please call us as soon as possible at or write to us at: Mail: Chase Attn: Collections Department Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 10. We may complete property inspections while the loan remains in default. Property inspections may be done to determine the property condition, occupancy status and possibly your plans for curing the default and paying this loan on time. Any costs incurred by us may be added to the amount you now owe if permitted by your loan documents or applicable law. Here's where to look for help You can find additional resources below to help you with your mortga e: • The Homeowners HOPE Hotline can take your call anytime at • The U.S. Department of Housing and Urban Development(HUD) has a list of agencies that offer free mort a e-assistance counselin . For a list of agencies, call HUD at or go to hud.gov and, under the i ounseiing." If you have questions, please call us; we accept operator relay calls. We're here to help Monday through Friday from 8 a.m. to 10 p.m., and Saturday from 8 a.m. to 5 p.m. Eastern Time. Sincerely, • Chase =lc=_} co c ase.corn • !; cr E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT Esta comunicaciOn contiene inforrnacibn importante acerca de la cuenta. Si tiene alguna pregunta o necesita ayuda para traducirla, comuniquese con nosotros Hernando al 1-800-848-9380, de lunes a viernes de 8 a.m. a 10 p.m. y sabados de 8 a.m. a 5 p.m., hora del Este. Important Legal Information We are a debt collector This is an attempt to collect a debt and any information obtained will be used for that purpose. However, to the extent your original obligation is subject to the automatic stay of bankruptcy or was discharged under the United States Bankruptcy Code, this notice is for compliance with non-bankruptcy law and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. Nothing in this notice means that you're required to repay a debt that's subject to the automatic stay or has been discharged. Any payment you make on the account is voluntary, but if the original obligation is secured by collateral, we retain the rights under any applicable security instrument. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. Information for Servicemembers and their dependents If you or any occupant of your home are or recently were on active Military duty or related active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA), state law, or Chase policy. This includes protection from foreclosure or eviction, and in some cases, interest rate benefits. Some protections also may be available if you are the dependent of an eligible Servicemember. Although Servicemember interest rate benefits under the Servicemembers Civil Relief Act don't allow you to defer payments, some states allow for a payment deferral if certain conditions are met. For more information, please call Chase Military Services at ri €7.; _.. ar;'t E f •p E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT Chase (Mall Code LA4 6398) CHASE !i 700 Kansas Lane Monroe, LA 71203 For Undeliverable Mail Only 04/28/2022 MARTI M VERMACE 841 S 7TH AVE IOWA CITY, IA 52240 Our records indicate that you may have received a discharge of this debt in a prior bankruptcy case. If you have received a discharge, you are no longer personally obligated to repay the loan, and we are not contacting you in an attempt to collect a debt. But, as long as we have a lien on the property, not making payments on the account can ultimately lead to foreclosure. Please read this important information about the status of your loan Account: Property Address: IOWA CITY, IA 52240 (the "property") Original Date of Loan: 03/24/2004 Transaction Description: Loan Secured by Mortgage or Deed of Trust Original Lender: AMERIQUEST MORTGAGE COMPANY Dear MARTI M VERMACE: We want you to be aware of the next steps that may occur if your loan is not brought up to date by 06/02/2022. We understand this may be a difficult time and want you to know that we're here • to hel if you're having trouble making your payment. Please read this letter carefully and call us if you have questions. Acceleration Warning (Notice of Intent to Foreclose) Under the terms of your loan agreement, mortgage or deed of trust (Security Instrument) securing your loan, we(JPMorgan Chase Bank, N.A. or Chase) are notifying you of the following: 1. Your loan is in default because we haven't received the required monthly payments starting with the payment due 02/01/2022. 2. As of 04/28/2022, the total amount past due is $2,700.77, This includes total past due monthly payments of principal, interest and escrow (if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances du$ under the terms of your loan documents. The past-due amount is detailed below. If applicable, you may be responsible for additional escrow amounts that ChasQ may pay from the date of this letter. If you have questions about the amounts detaUed below, please call us as soon as possible. rry Total Monthly Payments: $2,700.77 •• co This is an attempt to collect a debt and any information obtained will be used for that purpose. E-FLL p44?S2 SEP 07 11:36 PM JOHNSON - Cli OF DISTRICT COURT NSF Fees: $0.00 Other Fees:1 $0.00 Advances:1 $0.00 Amount Held in Suspense: $0.00 1 Other Fees and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for services rendered. You are also responsible for paying any amounts that become due from the date of this letter. This may include taxes, insurance, inspection fees, and other fees and charges, as permitted by applicable law. If you disagree with the past-due amount listed above, or if you believe your loan is current, please call us, 3. Action required to cure the default: You must pay the total monthly payments minus suspense $2,700.77 by 06/02/2022, in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be paid under the terms of your loan documents. 4. Here's what may happen if you don't cure the default on or before 06/02/2022 • We may require payment of your loan balance in full (accelerate the maturity of the loan by declaring all sums secured by the Security Instrument immediately due and payable). • Close (terminate) your credit line if the loan provides for revolving advances. • Begin foreclosure by judicial proceedings, and conduct a sale of the property. If this happens, we may be entitled to collect expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees, and other expenses permitted by your loan documents or applicable law. 5. If your loan is subject to the Iowa Uniform Consumer Credit Code: You are now in default on this credit transaction. You have a right to correct this default until 06/02/2022. If you do so, you may continue with the contract as though you did not default. Your default consists of failure to make the required monthly installments. Before 06/02/2022, you must pay the$2,700.77. If you do not correct your default by this date, we may exercise rights against you under the law. If you default again in the next year, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone promptly. 6. You have the right to reinstate after acceleration of the loan and the right to assert in the foreclosure proceeding the nonexistence of a default, or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the loan, including attorney fees related to any foreclosure action we initiate. 7. Important information for Rural Housing Service-Guaranteed Loans The Rural Housing Service may reimburse us (pay us a loss claim) if the default is not cured by the date referenced above and the account is referred to foreclosure, You may be responsible for repaying this claim to the Rural Housing Service. If your personal liability for this account has not been discharged in a bankruptcy, the Rural Housing Service may use all options, including those under the Debt Collection Improvement Act(DCIA) to recover the full amounts due. The DCIA provides for the collection of outstanding federal debts through the Treasury Offset Program which allows federal payments such as Social Security benefits to be reduced or`offset" in order to repay the outstanding debt. E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT 8. Here's information on how to make your payment of$2,700.77 • Visit chase.com/WaysToPay for information on making online payments. • Call us to make your payment over the phone, free of charge. • Make your payment at a Chase branch. • Mail your payment to one of the addresses below. Regular Mail: CHASE PO BOX 71244 PHILADELPHIA, PA 19176-6244 Overnight Mail: CHASE PO BOX 71244 400 WHITE CLAY CENTER DRIVE NEWARK, DE 19711 If we have received six insufficient funds (NSF) payments in the last six months, certified funds are required and payments must be received by mail or in a Chase branch. Except as required by law, we are not required to accept less than the full amount owed. If we receive less than the full amount owed, we may apply it to your loan without waiving any default or waiving our right to accelerate the loan and begin foreclosure proceedings. 9. Assistance options may be available to help you. We have a variety of homeowner assistance options that might help you keep your home; however, we need to talk with you to discuss these options and determine which of :•• ••••• •: :•propriate for your circumstances. Please call us as soon as possible at , or write to us at: Mail: Chase Attn: Collections Department Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 10. We may complete property inspections while the loan remains in default. Property inspections may be done to determine the property condition, occupancy status and possibly your plans for curing the default and paying this loan on time. Any costs incurred by us may be added to the amount you now owe if permitted by your loan documents or applicable law. Here's where to look for help You can find additional resources below to help you with your mortgage: • The Homeowners HOPE Hotline can take your call anytime at • e . epa ment of Housing and Urban Development(HUD) has a list of agencies that offer free mortgage-assistance counseling. For a list of agencies, call HUD at ervices, or go to hud.gov and, under the esources to , se ect `Forecosure voi ante Counseling." If you have questions, please call us; we accept operator relay calls. We're here to help Monday through Friday from 8 a.m. to 10 p.m., and Saturday from 8 a.m. to 5 p,m. Eastern Time.,, 1 Sincerely, Chase w c ase.com �5 E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT Esta comunicacion contiene informacion importante acerca de la cuenta. Si tiene alguna re unta o necesita ayuda para traducirla, comuniquese con nosotros Ilamando al e lunes a viernes de 8 a.m, a 10 p.m. y sobados de 8 a.m. a 5 p.m., hora del Este. Important Legal Information We are a debt collector This is an attempt to collect a debt and any information obtained will be used for that purpose. However, to the extent your original obligation is subject to the automatic stay of bankruptcy or was discharged under the United States Bankruptcy Code, this notice is for compliance with non-bankruptcy law and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. Nothing in this notice means that you're required to repay a debt that's subject to the automatic stay or has been discharged. Any payment you make on the account is voluntary, but if the original obligation is secured by collateral,we retain the rights under any applicable security instrument. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. Information for Servicemembers and their dependents If you or any occupant of your home are or recently were on active Military duty or related active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA), state law, or Chase policy. This includes protection from foredosure or eviction, and in some cases, interest rate benefits. Some protections also may be available if you are the dependent of an eligible Servicemember. Although Servicemember interest rate benefits under the Servicemembers Civil Relief Act don't allow you to defer payments, some states allow for a payment deferral if certain conditions are met. For more information, please call Chase Military Services at • ,") w rri -r3 00 E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT 01 Chase (Mail Code LA4-6398) CHASE 700 Kansas Lane Monroe, LA 71203 For Undeliverable Mail Only 04/28/2022 RANDY J VERMACE 841 S 7TH AVE IOWA CITY, IA 52240 Our records indicate that you may have received a discharge of this debt in a prior bankruptcy case. if you have received a discharge, you are no longer personally obligated to repay the loan, and we are not contacting you in an attempt to collect a debt. But, as long as we have a lien on the property, not making payments on the account can ultimately lead to foreclosure. Please read this important information about the status of your loan Account: Property Address: 841 7 AV IOWA CITY, IA 52240 (the "property") Original Date of Loan: 03/24/2004 Transaction Description: Loan Secured by Mortgage or Deed of Trust Original Lender: AMERIQUEST MORTGAGE COMPANY Dear RANDY J VERMACE: We want you to be aware of the next steps that may occur if your loan is not brought up to date by 06/02/2022. We understand this may be a difficult time and want you to know that we're here to help if you're having trouble making your payment. Please read this letter carefully and call us if you have questions. Acceleration Warning (Notice of Intent to Foreclose) Under the terms of your loan agreement, mortgage or deed of trust(Security Instrument) securing your loan, we(JPMorgan Chase Bank, N.A. or Chase) are notifying you of the following: 1. Your loan is in default because we haven't received the required monthly payments starting with the payment due 02/01/2022. 2. As of 04/28/2022, the total amount past due is $2,700.77. This includes total past due monthly payments of principal, interest and escrow (if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents. The past-due amount is detailed below. If applicable, you may be responsible for additional escrow amounts that Chase may_' pay from the date of this letter. If you have questions about the amounts detailed c below, please call us as soon as possible. Total Monthly Payments: $2,700.77 This is an attempt to collect a debt and any information obtained will be used for that purpose. E-FLit&Ffeeqy SEP 07 11:36 PM JOHNSON - CL0600F DISTRICT COURT NSF Fees: $0.00 Other Fees:I $0.00 Advances:' $0.00 Amount Held in Suspense: $0.00 1 Other Fees and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for services rendered. You are also responsible for paying any amounts that become due from the date of this letter. This may include taxes, insurance, inspection fees, and other fees and charges, as permitted by applicable law. If you disagree with the past-due amount listed above, or if you believe your loan is current, please call us. 3. Action required to cure the default: You must pay the total monthly payments minus suspense $2,700.77 by 06/02/2022, in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be paid under the terms of your loan documents. 4. Here's what may happen if you don't cure the default on or before 06/02/2022 • We may require payment of your loan balance in full (accelerate the maturity of the loan by declaring all sums secured by the Security Instrument immediately due and payable). • Close (terminate) your credit line if the loan provides for revolving advances. • Begin foreclosure by judicial proceedings, and conduct a sale of the property. If this happens, we may be entitled to collect expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees, and other expenses permitted by your loan documents or applicable law. 5. If your loan is subject to the Iowa Uniform Consumer Credit Code: You are now in default on this credit transaction. You have a right to correct this default until 06/02/2022. If you do so, you may continue with the contract as though you did not default. Your default consists of failure to make the required monthly installments. Before 06/02/2022, you must pay the $2,700.77. If you do not correct your default by this date, we may exercise rights against you under the law. if you default again in the next year, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone promptly. 6. You have the right to reinstate after acceleration of the loan and the right to assert in the foreclosure proceeding the nonexistence of a default, or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the loan, including attorney fees related to any foreclosure action we initiate. 7. Important information for Rural Housing Service-Guaranteed Loans The Rural Housing Service may reimburse us (pay us a loss claim) if the default is Ng-cured by the date referenced above and the account is referred to foreclosure. You may be— responsible for repaying this claim to the Rural Housing Service. If your personal liability for this account has not been discharged in a bankruptcy, the Rural Housing Service may use all options, including those under the Debt Collection Improvement Act (DCIA) to recover the full amounts due. The DCIA provides for the collection of outstanding federal debts through the Treasury Offset Program which allows federal payments such as Social Security benefits to be reduced or"offset" in order to repay the outstanding debt. E-FILED 2022 SEP 07 11:36 PM JOHNSON - CLERK OF DISTRICT COURT 8. Here's information on how to make your payment of$2,700.77 • Visit chase.comlWaysToPay for information on making online payments. • Call us to make your payment over the phone, free of charge. • Make your payment at a Chase branch. • Mail your payment to one of the addresses below. Regular Mail: CHASE PO BOX 71244 PHILADELPHIA, PA 19176-6244 Overnight Mail: CHASE PO BOX 71244 400 WHITE CLAY CENTER DRIVE NEWARK, DE 19711 If we have received six insufficient funds (NSF) payments in the last six months, certified funds are required and payments must be received by mail or in a Chase branch. Except as required by law, we are not required to accept less than the full amount owed. If we receive less than the full amount owed, we may apply it to your loan without waiving any default or waiving our right to accelerate the loan and begin foreclosure proceedings. 9. Assistance options may be available to help you. We have a variety of homeowner assistance options that might help you keep your home; however, we need to talk with you to discuss these options and determine which of propriate for your circumstances. Please call us as soon as possible at or write to us at: Mail: Chase Attn: Collections Department Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 10. We may complete property inspections while the loan remains in default. Property inspections may be done to determine the property condition, occupancy status and possibly your plans for curing the default and paying this loan on time. Any costs incurred by us may be added to the amount you now owe if permitted by your loan documents or applicable law. Here's where to look for help You can find additional resources below to help you with your mortgage: • The Homeowners HOPE Hotline can take your call anytime at • The U.S. Department of Housing and Urban Development(HUD) has a list of agencies that offer free mortgage-assistance counseling. For a list of agencies, call HUD at services, or go to hud.gov and, under the esources a , se ec orec osure voi ance Counseling." If you have questions, please call us; we accept operator relay calls. We're here to help Monday through Friday from 8 a.m. to 10 p.m., and Saturday from 8 a.m. to 5 p.m. Eastern Time. Sincerely, 7- __.. Chase chase.com �� cx7 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT Este comunicacion contiene information importante acerca de la cuenta. Si tiene alguna re unta o necesita ayuda para traducirla, comuniquese con nosotros Hernando al de lunes a viernes de 8 a.m. a 10 p.m. y sabados de 8 a.m. a 5 p.m., hora del Este. Important Legal Information We are a debt collector This is an attempt to collect a debt and any information obtained will be used for that purpose. However, to the extent your original obligation is subject to the automatic stay of bankruptcy or was discharged under the United States Bankruptcy Code, this notice is for compliance with non-bankruptcy law and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. Nothing in this notice means that you're required to repay a debt that's subject to the automatic stay or has been discharged. Any payment you make on the account is voluntary, but if the original obligation is secured by collateral,we retain the rights under any applicable security instrument. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. Information for Servicemembers and their dependents If you or any occupant of your home are or recently were on active Military duty or related active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA), state law, or Chase policy. This includes protection from foreclosure or eviction, and in some cases, interest rate benefits. Some protections also may be available if you are the dependent of an eligible Servicemember. Although Servicemember interest rate benefits under the Servicemembers Civil Relief Act don't allow you to defer payments, some states allow for a payment deferral if certain conditions are met. For more information, please call Chase Military Services at • :tea op • IA220276 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, CASE NO. Plaintiff, AFFIDAVIT FOR ATTORNEY FEES vs, EXHIBIT RANDY J. VERMACE, _ MARTI M, VERMACE, CAPITAL ONE BANK,USA NA, H & R ACCOUNTS INC., CITY OF IOWA CITY, AND PARTIES IN POSSESSION, Defendants. STATE OF IOWA ) COUNTY OF BLACK HAWK ) I, Janelle G. Ewing,hereby state that I am a member of the firm of The Sayer Law Group, P.C.,the attorneys for the Plaintiff in the above-entitled cause;that I am familiar with the terms of the Note and Mortgage sued upon herein as attorney for the Plaintiff; that I have read the foregoing Petition and am familiar with the contents thereof,and the allegations contained therein are true as I verily believe. I further depose and state that I am a regular practicing attorney in the Courts of the State of Iowa; that the attorneys fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, express or implied, between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein. Date: 61/7 Z Z Janelle . Ewi Attorney r the Plaintiff r_a Acknowledged before me on this day of , 2022. c,) Notary Public in and for the State of Iowa - SHANNON SAUL * ,fi�, * COMMISSION MYC COMMISSION EXPIRES 3 row. r. 4 E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COUR4444c>46 T SAYER LAW GROUP, PC 925 E.4th Street,Waterloo,IA 50703 I p.319.234.2530 I f.319.232.6341 I sayerlaw.com August 23,2022 Randy J Vermace 841 S 7th Ave Iowa City,IA 52240 NOTICE IN COMPLIA i A CODE SECTION 654.4B Loan no. Property address 841 S 7th Ave,Iowa City,IA 52240 Current creditor/servicer name J.P.Morgan Chase Current creditor/servicer address 725513aymeadows Way,JAXA3030 Jacksonville,FL 32256-6851 Dear MORTGAGOR: J.P.Morgan Chase,on behalf of the owner and holder of your mortgage loan has retained the law firm of The Sayer Law Group,P.C. to send you this letter.We are writing you to provide you with formal notice that in accordance with the referenced Mortgage and applicable state law, your balance has been accelerated. Below is a summary of your accelerated balance: Principal $119,136.25 Interest $2,848.38 Escrow Advance Balance $1,389.00 Deferred Principal Balance $17,342.91 Attorney Costs $ 175.00 Corporate Advances $ 172.20 Attorney Fees $780.00 ACCELERATED BALANCE $141,843.74 If you do not pay the accelerated balance yyithin 14 days of the date of this letter,your property that is collateral for the Note may then be scheduled for foreclosure in accordance with the terms of the Mortgage and applicable state laws,If you have not cured the default by September 6,2022,additional amounts may become due and payable under your Note and Mortgage, This notice and any future actions taken by our office to begin a foreclosure proceeding do not terminate or limit your rights to the thirty-day period to dispute the validity of the debt,or any portion thereof,or your ability to request verification of the debt or the name of the original creditor, pursuant to the Fair Debt Collection Practices Act. This matter is very important. Please give it your immediate attention r " r.'') Sincerely, ._.: �. --1 r Default Administration Depaitnent 'r a "v The Sayer Law Group,P.C. THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. I I A E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT SAYER LAW GROUP, PC 925 E.4th Street,Waterloo,IA 50703 I p.319.234.2530 I t 319.232.6341 1 sayerlaw.com August 23,2022 Marti M Vert-mice 841 S 7th Ave Iowa City,IA 52240 NOTICE IN COMPLIA WA CODE SECTION 654.4B Loan no. Property address 841 S 7th Ave,Iowa City,IA 52240 Current creditor/servicer name J.P.Morgan Chase Current creditor/servicer address 7255 Baymeadows Way,JAXA3030 Jacksonville,FL 32256-6851 Dear MORTGAGOR: J.P.Morgan Chase,on behalf of the owner and holder of your mortgage loan has retained the law firm of The Sayer Law Group,P.C. to send you this letter. We are writing you to provide you with formal notice that in accordance with the referenced Mortgage and applicable state law, your balance has been accelerated. Below is a summary of your accelerated balance: Principal $119,136.25 Interest $2,848.38 Escrow Advance Balance $1,389.00 Deferred Principal Balance $17,342.91 Attorney Costs $ 175.00 Corporate Advances $ 172.20 Attorney Fees $780.00 ACCELERATED BALANCE $141,843.74 If you do not pay the accelerated balance wjtilln 14 days of the date of this letter, your property that is collateral for the Note may then be scheduled for foreclosure in accordance with the terms of the Mortgage and applicable state laws.If you have not cured the default by September 6,2022,additional amounts may become due and payable under your Note and Mortgage. This notice and any future actions taken by our office to begin a foreclosure proceeding do not terminate or limit your rights to the thirty-day period to dispute the validity of the debt,or any portion thereof,or your ability to request verification of the debt or the name of the original creditor, pursuant to the Fairpebt • Collection Practices Act, This matter is very important. Please give it your immediate attention. Sincerely, M' ca Default Administration Department The Sayer Law Group,P.C. µ, rb •. THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. • E-FILED 2022 SEP 07 11:36 PM JOHNSON -CLERK OF DISTRICT COURT EXHIBIT Mortgage Mediation Notice You are receiving this notice because (1)your lender believes that your mortgage is seriously delinquent, or(2)a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Help offers all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process, In some cases, we are able to work with lenders and borrowers to restructure mortgage terms, While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. • The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT • too late. There is still time for help. Do Not Delay. This may be your best chance to save your • • home from foreclosure. • Call 1-877-622-4866 today or go to lowaMortgageHelp.co a. • • ' This free call could save your home. • Iowa Mortgage Help --<ii a 1-877-622 4II66 i"/;!• www.lowaMortgageHelp.com •• This notice Is being provided as required by Iowa Code section 654.48(2). END OF CASE FILE IN THE IOWA DISTRICT COURT FOR LINN COUNTY GREENSTATE CREDIT UNION, ) ) Plaintiff, ) NO. EQCV100723 ) vs. ) ) ACCEPTANCE OF SERVICE ) CHRIS NSHIMYE, ET AL., ) ) Defendants. ) I, Kellie K. Fruehling, hereby accept service on behalf of the City of Iowa City of the Original Notice and Petition in Equity filed in the above-captioned matter. 14(1--L-( 9- Kellie K. Fruehling Date City Clerk-City of Iowa City 410 E. Washington St. Iowa City, IA 52240 E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR LINN COUNTY GREENSTATE CREDIT UNION, Plaintiff, CASE NO: EQCV100723 V. CHRIS NSHIMYE; UNKNOWN SPOUSE OF CHRIS NSHIMYE, IF ANY; IOWA CITY; STATE ORIGINAL NOTICE OF IOWA; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 834 20th St SE, Cedar Rapids, Iowa 52403 Defendants. TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action. This County utilizes the Electronic Document Management System. You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice.The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, Iowa 52317.That attorney's telephone number is 319-248-7164; facsimile number 319-665- 2197. You must serve a motion or answer within 30 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 Linn County, at the county courthouse in Cedar Rapids, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS:' E-FILED 2022 SEP 22 9:34 AM LINN - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV100723 County Linn Case Title GREENSTATE CREDIT UNION VS CHRIS NSHIMYE ET AL You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/docs/ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-pudic/rpresenting-yourself%protect personal-information!. Scheduled Hearing: If you need assistance to participate in court due to a disability,call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942).For more information,see www.iowacourts.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 09/22/2022 09:34:23 AM r% A Air" p _ mow. Cfl District Clerk of Court or/by Clerk's Designee of Linn County /s/Cynthia Line E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR LINN COUNTY GREENSTATE CREDIT UNION, Plaintiff, CASE NO: EQCV100723 V. CHRIS NSHIMYE; UNKNOWN SPOUSE OF CHRIS NSHIMYE, IF ANY; IOWA CITY; STATE PETITION IN EQUITY OF IOWA; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 834 20th St SE, Cedar Rapids, Iowa 52403 Defendants. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (or THREE MONTHS if the petition includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO- FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.YOU MAY PURCHASE AT THE SALE. Iowa Code 654.20-2019. COMES NOW, the Plaintiff GreenState Credit Union, by and through its attorney, Christopher E. Pech, and for its Petition in Equity, states as follows: 1. Plaintiff GreenState Credit Union is a credit union lawfully doing business with its principal place of business in North Liberty, Johnson County, Iowa. 2.The last known address of Defendant Chris Nshimye is 834 20th St SE, Cedar Rapids, Linn County, Iowa. 3. Defendant Chris Nshimye upon and information and belief is a single unmarried person. 4.The Unknown Spouse of Chris Nshimye is named as a Defendant as though it is; believed Chris Nshimye is a single unmarried individual. If he is in fact married, his spouse may claim some right or interest in the property through dowry rights. 5. On or about June 14, 2021 Defendant Chris Nshimye delivered a Note in favor of the Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit "1". The E-FILED 2022 SEP 20 9:16 AM LINN -CLERK OF DISTRICT COURT Note is in the principal sum of One Hundred Fifty Six Thousand One Hundred Fifty Dollars and Zero Cents ($156,150.00).The interest rate of the Note is 2.875%. The Note provides for payment of monthly installments of principal and interest, with full balance due on July 5, 2051. AND On or about June 14, 2021 Defendant Chris Nshimye delivered a Second Note in favor of the Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit "2". The Note is in the principal sum of Nine Thousand Five Hundred Dollars and Zero Cents ($9,500.00).The interest rate of the Note is 3.375%.The Note provides for payment of monthly installments of principal and interest, with full balance due on July 5, 2051. 6.To secure the First Note, Defendant Chris Nshimye as a single person on or about June 14, 2021, made, executed, and delivered to Plaintiff a written First Purchase Money Mortgage creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit "3".The Mortgage covers the property located at 834 20th St SE, Cedar Rapids, Iowa 52403, which is legally described as: Lot 8 and North 10 feet of Lot 7, Block 39, Vernon Heights Eighth Addition to Cedar Rapids, Linn County, Iowa. The Mortgage is dated June 14, 2021 and was duly filed for record on June 18, 2021 in Volume 11051, Page 331 of the Records of the Linn County Recorder. Said Mortgage secures the principal balance of$156,150.00. AND To secure the Second Note, Defendant Chris Nshimye as a single person on or about June 14, 2021, made, executed, and delivered to Plaintiff a written Second Purchase Money Mortgage creating second lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit "4". The Mortgage covers the property located at 834 20th St SE, Cedar Rapids, Iowa 52403, which is legally described as: Lot 8 and North 10 feet of Lot 7, Block 39, Vernon Heights Eighth Addition to Cear Rapids, Linn County, Iowa. c..) rrl C'1 r E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT The Mortgage is dated June 14, 2021 and was duly filed for record on June 18, 2021 in Volume 11051, Page 345 of the Records of the Linn County Recorder. Said Mortgage secures the principal balance of$9,500.00. 7. Defendant Chris Nshimye is the sole owner and holder of said real estate. 8. Defendant Chris Nshimye is now delinquent in the payments on said Notes and Mortgages. 9. Iowa City is added as a defendant as a result of a Traffic Ticket Filing against Chris Nshimye in Johnson County Case No. ICSTA0249489. Court costs and the fine against Chris Nshimye are unsatisfied and may be a lien upon the property. As such, Iowa City may claim some right, title or interest in the property which is the subject of this action, but any such interest of the defendant would be junior and inferior to that of the Purchase Money Interest of the Plaintiff. 10. State of Iowa is added as a defendant as a result of two matters in Johnson County against Chris Nshimye and five matters in Linn County against Chris Nshimye. State of Iowa is the Judgment creditor in Johnson County Case Nos. NTA0252288 and OWCR134402 and in Linn County Case Nos. STA0325293, STA0332045, NTA0340422, STA0332046, and STA0325303 and as a result may claim some right, title or interest in the property which is the subject of these actions, but any such interest of defendant would be junior and inferior to that of the Purchase Money Interest of the Plaintiff. 11. Any and all unknown parties in possession of the real property located at 834 20th St SE, Cedar Rapids, IA 52403, are added as defendants (if there should be such individuals) herein because they may claim some right, title or interest in the property which is the subject of this action, but any interest of such defendants would be junior and inferior to that of Plaintiff. 12. Plaintiff gave Defendant Notices of the Right to Cure Pursuant to Iowa Code Sections 654.2B and 654.2D, and more than thirty (30) days have passed since the notices were given, and the default has not been cured. A Copy of the Notices are attached as Exhibit "5" arid are hereby incorporated by reference. 13. In accordance with the provisions of the Note and Mortgage, upon default and defendant's failure to cure, Plaintiff gave fourteen (14) day notices of acceleration and demand E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT for payment of the accelerated balance pursuant to Iowa Code Section 654.4B, and fourteen (14) days has passed since the notice was given. A Copy of the Demands are attached as Exhibit "6" and are incorporated by reference. 14. The Mortgages provide in the event of default, suit, and foreclosure that Plaintiff's attorney fees shall be paid by mortgagors. 15.The Mortgages provide in the event of default that Plaintiff may procure a continuation of the abstract, obtain insurance for the property, pay taxes on the property, pay assessments, and add such amounts to the Mortgage debts.These amounts become a part of the Mortgage indebtedness and are secured by the Mortgages. 16. Plaintiff is the owner and holder of said Notes and Mortgages. 17. In accordance with the provisions of said Notes and Mortgages, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 18. Said Mortgages provide that if default shall be made in the payment of said Notes or any part of the interest thereon, the Mortgages may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgages. 19. That the Defendants, nor any of them, are or have been at anytime during the preceding six (6) months members of any of the Armed Forces of the United States of America and are not entitled in any way or manner to the benefit or relief provided by the Service Members Civil Relief Act. 20. Plaintiff waives its rights to a deficiency judgment in this matter. 21. After crediting the amounts paid on said Notes secured by said Mortgages, there is now due and owing Plaintiff from Defendant Chris Nshimye on the Notes in the total amount as of$169,730.09 as follows: A. An unpaid principal balance on the First Note, as of September 19,-2022, oto N $155,246.30. E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT B. Interest at the contractual rate of 2.875%as provided in the Note and upon on the unpaid principal balance from the date of default through September 19, 2022, in the amount of$3,506.52 plus fees in the amount of$320.50. C. An unpaid principal balance on the Second Note, as of September 19, 2022, of $9,392.99. D. Interest at the contractual rate of 3.375% as provided in the Note and upon on the unpaid principal balance from the date of default through September 19, 2022, in the amount of$96.41 plus fees in the amount of$6.30. E. Interest due from September 19, 2022 accrued and accruing at the rate of 2.904% upon the combined principal balances due and owing. F. A Negative Escrow balance as of September 19, 2022 of$1,161.07. G. Abstracting Costs and Court Costs. WHEREFORE, Plaintiff prays for judgment in rem against the above described real estate for$169,730.09 on the Notes, together with interest on the $164,639.29 principal portion thereof at the rate of 2.904% per annum from September 19, 2022, to date of filing of this petition, plus interest at the rate of 2.904% per annum on said principal portion, plus any advancements,from and after the date of filing of this petition, plus all reasonable attorney's fees, taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgages be established as a priority lien against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgages be foreclosed and all claims, rights, title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, and that the right,title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment, ' together with interest, cost, and accruing costs, to satisfy the judgment to be entered herein. E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT PLAINTIFF FURTHER PRAYS that in the event the Defendant Chris Nshimye requests a demand for delay of sale herein, the execution sale be delayed for a period of not more than two months from the entry of judgment in the event the mortgaged real estate is not his residence, and for a period of not more than three months from the entry of judgment in the event the mortgaged real estate is his residence, and hereby waives any right to a deficiency judgment against Defendant which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the mortgaged premises. PLAINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for taxes or insurance upon the above described real estate, Plaintiff be given an additional lien against the real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon further application by Plaintiff a receiver be appointed to take charge of the mortgaged premises at once and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of plaintiff's judgment. PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. s Christopher E. Pech AT 06178 GREENSTATE CREDIT UN ON PO Box 800 2355 Landon Road North Liberty, IA 52317 christopherpech@greenstate.org 319-248-7164 ^,J GENERAL COUNSEL-CONSUMER CREINT for GreenState � � M Exhibit 1 E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT Lomit:8880191G30 ADJUSTABLE RATE NOTE (1 Year Treasury Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT.THIS NOTE LIMITS TH E AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND MAXIMUM RATES I MUST PAY. June 14.2021 Cedar Rapids, Iowa (Data] [City] [State] 834 20th ST SE.Cedar Rapids,IA 52403 [Property Address] 1, BORROWER'S PROMISE TO PAY in return for a loan that I have received I promise to pay U.B.$156,150.00 (tills amount Is called"Principan, plus interest,to the crier of the Lender.The Lender Is GreenState Credit Union,a State Chartered Credit Union. I will make all payments under this Note in the form of cash.check or money order. I understand that the Lander may transfer this Note.The Lender or anyone who takes tee Note by transter and who is entitled to receive payments under this Note Is called the"Nate Heider' 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has bean paid I will pay interest at a yearly rate of 2.875%. Tie Interest rate I will pay will change in accordance with Section 4 of this Note. The Interest rate required by this Section 2 and Section 4 Of tnIs Note is the rate I Will pay both before and after any default described in Section 7(B)of flits Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 5th day of each month beginning on August 5,2021. I will make these payments every month until I have pat all of the principal and interest and any other charges described below that I may owe under this Note Each monthly payment will be applied as of Its scheduled due date and will be applied to Interest before Principal.If on July 5,2051, I sell owe amounts under this Note,i will pay those amounts in full on that date,which is called the-Maturity Data I wlfl make my monthly payments at 2355 Landon Road,P.O.Boo(800 North Liberty,IA 52317 or at a different place If required by the Note Holder. (8)Amount of My inittal Monthly Payments Each of my initial monthly payments Will be In the amount of U,S,$647.35. This amount may change (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the Interest rata that I crust pay The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of tees Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The Interest rate I Will pay may change on the 5th day of July,2031 and on that day every 12th Month thereafter.Each date on which my Interest rate could change is called a"Change Datee (a)The Index Beginning with the first Change Date,my interest rate wit(be based on an Index that is calculated and provided to the general public by an administrator(the"Administrate).The'Index"Is the weekly average yield on United States. Treasury securities adjusted to a constant maturity of one year,es made available by the Board of Governors of the Federal Reserve System.The most recent Index value available as of the date 45 days before each Change Date is called the'Current Index e provided that if the Current Index is less than zero,then the Current Index will be deemed to be zero for purposes of calculating my interest rate. If the Index is no longer available,it wIll be replaced in accordance with Section 4(G)below. (C) Calculation of Changes Before each Change Date,the Note Holder will=Iodate my new interest rate by adding TWO AND TiiREE- FOURTHS percentage points(2.750% )(the'Margin')lathe Current Index.The Margin may change If the index is replaced by the Note Holder in accordance with Section 4(G)(2)below.The Note Holder will then round the result of the Margin plus the Currant index to The nearest ONE EIGHTH OF ONE percentage points(0.125% ).Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date_ The Note Holder will than 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 Dale in full on the Maturity Date at my new interest rate In substantially equal payments.The result of this calculation will he the new amount of my monthly payment. Initials: MULTISTATE ADJUSTABLE RATE NOTE-.ARM 5-1-Stn;de Fen* Fannie Moinsdclle Mae UNIFORM INSTRUMENT Form 3501 1101(rev.2120) MULTISTATE ADJUSTAERZ RATE NOTE-ARM 5-2-Sirgis Fsnri y-Fannie maem:idle Mac UNIFORM INSTRUMENT Foes age ten(rev.2120) Ems Mac,Inc, Page 1 Of 3 F3501 NOT 0321 F3501NOT(CLS) clai14r2021 1158AMP5T Ar • E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT LOAN#:8880191030 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 4.875% or less than 4.875%. Thereafter,my interest rate will never be increased or de-creased on any single Change Date by more than TWO percentage points( 2,000% )from the rate of interest I have been paying for the preceding 12 months.My interest rate will never be greater than 8.875%or fess than 4.875%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date.t wit pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change.The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. (G)Replacement Index and Replacement Margin The Index is deemed to be no longer available and will be replaced if any of the following events(each, a "Replacement Event-)occur;(I)thG Administrator has permanently or indefinitely stopped providing the Index to the general public;or(ii)the Administrator or Its regulator issues an official public statement that the Index is no longer reliable or representative. If a Replacement Event occurs,the Note Holder will select a new index(the 'Replacement index")and may also select a new margin(the"Replacement Margin"),as follows: (1) if a replacement index has been selected or recommended for use in consumer products;including residential adjustable rate mortgages,by the Board of Governors of the Federal Reserve System,the Federal Reserve Bank of New York,or a committee endorsed or convened by the Board of Governors of the Federal Reserve System or the Federal Reserve Bank of New York at the time of a Replacement Event.the Note Holder will select that index as the Replacement Index. (2) If a replacement Index hes not been selected or recommended for use In consumer products under Section(G)(f) at the time of a Replacement Event; the Note Holder will make a reasonable, good faith effort to select a Replacement Index and a Replacement Margin that,when added together,the Note Holder reasonably expects will minimize any change in the cost of the loan,taidng into account the historical performance of the Index and the Replacement Index. The Replacement Index and Replacement Margin,if any,will be operative immediately upon a Replacement Event and will be used to determine my interest rate and monthly payments on Change Dates that are more than 45 days after a Replacement Event The Index and Margin could be replaced more than once during the term of my Note,but only If another Replacement Event occurs.After a Replacement Event,all references to the"Index"and"Margin"will be deemed to be references to the"Replacement Index"and"Replacement Margin" The Note Holder will also give me notice of my Replacement Index and Replacement Margin,if any,and such other information required by applicable law and regulation. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a"Prepayment"When I make a Prepayment,i will tell the Note Holder In writing that I am doing so.r may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note,However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes.My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment.However,any reduction due to my partial Prepayment may be offset by an interest rate increase. 5. LOAN CHARGES if a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection wen this loan exceed tee permitted limits,then,(a)any such loan charge shall be reduced by the amount necessary to reauce the charge to the permitted limit end(b)any sums already collected from me which exceeded permitted limits will be refunded to me,The Note Holder may choose to snake this refund by reducing the Principal I owe under this Note or by making a direct payment tome.If a refund reduces Principal,the reduction will be treated as a partial Prepayment 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it fs due,I will pay a late charge to the Note Holder,The amount of the charge will be 5.000% of my overdue payment of principal end interest.I will pay this late charge promptly but only once on each late payment. (B) Default It l do not pay the lull amount of each monthly payment on tee date it is due,I will be in default, (C) Notice of Default It am in default the Note Holder may send me a written notice telling me that it I do not pay the overdue amouht. by a certain date,the Note Holder may require me to pay Immediately the full amount of Principal welch has not beech paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notrs#') Is mailed to me or delivered by other means. ' (0)No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described) above,the Note Holder will stet have the right to do so if I am in default at a later time, 0.‘ Initials: C ; MULTISTATE ADJUSTABLE RATE NOTE-ARM 5-1-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTHllMENT Form 3501 Lee psv.2fci} MULTISTATE ADJUSTABLE RATE NOTE-ARM 5-2-Single Ferniy-Fade MeeiFteddie Mae UNIFORM INSTRUMENT Form 3502110t"tR 2r20= Elil Wag,Inc. Page 2 of 3 F3501NOT 0321. F350f NOT fCL3� 06r1,12021 11Se AM P E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT LOAN er 8830191030 (E) Payment of Note Holder's Costs and Expenses If the Note Holder has requiriad me to pay immediately in full as eescribed above,the Note Holder will nave the right to be paid bad,by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses Include,for example,reasonee attorneys fees. 11., GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering It or by mailing it by first class mail to me at tee Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at me address stated in Section 3(A)above or at a different address if 1 am given a notice of that different addres..- 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things Any person wno takes over these obligations,including the obligations of a guarantee surety or endorser of this Note.is also obligated to keep all of the promises made in this Note The Note Holder may enforce its rights under this Note against each person Individually or against all of us together This means that any one of us may be required to pay ail of the amounts owed under this Note. to.WAIVERS tend any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment'means the right to require the Note Holder to demand payment of amounts due.'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid, It UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations In some jurisdictions,In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the''Security instrument"),dated the same crate as this Note,protects the Note Holder from possible losses which might result If I do not keep the promises which I make in this Note That Security instrument describes how and under what conditions I may be required to make immediate payment In full of ail amounts I owe under this Note.Some of those conditions are described as follows: If all or any pert of the Properly or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law.Lender also shall not exercise this option if:(a)Borrower causes to be submted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement In this Security instrument is acceptable to Lender. To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption.Lander may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument.Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. if Lender exercises the option to require immediate payment in full,Lander shall give Borrower note.°of acceleration The notice shall provide a period of not less than 30 days from the date the notice is given in accor- dance with Section 15 wehin which Borrower must pay all sums secured by this Security Instrument.It Borrower fails to pay these sums prior to the expiration of this period,Lender may Invoke any remedies Germitted by this Security Instrument Without further notice or demand on Borrower WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seale', CHRIS NSlitIVIYE Lender GreenState Credit Union ; NMLS 401238 Loan Originator:Felisha Junge NMLS ID:421757 — I (Sign Original Ontyl Initials: MU1,11STATE ADJUSTABLE RATE NOTE-ARM se-Ski*Family-Faith*MikelRedete Mee UNIFORM INSTRUMEiT Form 3501 1/01(rev,WM, mUctleTATE ADJUSTABLE RATE NOTE-ARM 5-2-Sap*Feriiy-Fannie maarrodMe Mac uNIFORM INSTRUMENT Form 3502 V01(rev.2120) EL*Mae,Inc. Page 3 of 3 F3501N41 0S2-: FaSettii01-(ct.s.) • • 05e14.2021 1158 AM PS7 E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DA1'FZtr2COURT LOAN#:EQ80194312 THIS IS A CONSUMER CREDIT TRANSACTION NOTE June 14,2021 Cedar Rapids, Iowa [Date] [City] [State] 834 20th ST SE,Cedar Rapids,IA 52403 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S. 89,500.00 (this amount will be called'principal"), plus interest,to the order of the Lender.The Lender is GreenState Credit Union,a State Chartered Credit Union. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the"Note Holder." 2. INTEREST i will pay interest at a yearly rate of 3.375%. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and Interest by making payments each month of U.S. 842.00. I will make my payments on the 5th day of each month beginning on August 5,2021. I will make these payments every month until I have paid all of the principal and interest and any other charges,described below, that I may owe under this Note.If,on July 5,2051, I still owe amounts under this Note,I will pay all those amounts,in full,on that date. I will make my monthly payments at 2355 Landon Road,P.O.Box 800 North Liberty,IA 52317 or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000%of the principal and interest overdue,but not more than U.S.S30.00.I will pay this late charge only once on any late payment (B)Notice from Note Holder If I do not pay the full amount of each monthly payment on time,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date I will be In default That date must be at least 30 days after the date on which the notice is mailed to me or,if it is not mailed,30 days after the date on which it is delivered to me. (C)Default If i do not pay the overdue amount by the date stated in the notice described in(B)above,I will be in default.If I am in default,the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the Interest that I owe on that amount Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (D)Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back for all of its costs and expenses to the exterrt not prohibited by applicable law. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note,a Mortgage,dated June 14,2021, protects the Note Holder from possible losses which might result if I do not keep the promises which i make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. r-, 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE y' "17 • .. I have the right to make payments of principal at any time before they are due.A payment of principal only is known as a prepayment When I make a prepayment,I will tell the Note Holder in a letter that I am doing so.A prepayment of all of the unpaid principal is known as a"full prepayment."A prepayment of only part of the unpaid principal is known as a"partial prepayment i may make a full prepayment or a partial prepayment without paying any penalty.The Note Holder will use all of my ir l prepayments to reduce the amount of principal that I owe under this Note.if I make a partial prepayment,there will be no ?1 delays In the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to - • those delays or changes.I may make a full prepayment at any time,If I choose to make a partial prepayment,the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due.The Note IOWA-SECOND MORTGAGE Eased on Fannie Mee/Freddle Mac UNIFORM INSTRUMENT Form 3916 Amended 3/93 Initials: Cfr-r--/ Ellie Mae,Inc. Page 1 of 2 IAV1500N 0219 IAV1500N(CLS) • 06/142021 11:44 AM PST • E-FILED 2022 SEP 20 9:16 AM LINN -CLERK OF DISTRICT COURT LOAN#:EC180194312 Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. Z BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things,Those things are:(A)to demand payment of amounts due(known as'presentment");(B)to give notice that amounts due have not been paid(known as"notice of dishonor"); (C)to obtain an official certification of nonpayment(known as a"protest").Anyone else who agrees to keep the promises made in this Note,or who agrees to make payments to the Note Holder If I fall to keep my promises under this Note,or who signs this Note to transfer it to someone else also waives these rights.These persons are known as'guarantors, sureties and endorsers! 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above.A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mall to the Note Holder at the address stated in Section 3 above.A notice will be mailed to the Note Holder ate different address it I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note.Any guarantor,surety,or endorser of this Note(as described in Section 7 above)Is also obligated to do these things.The Note Holder may enforce Its rights under this Note against each of us individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note.Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note.Any person who takes over the rights or obligations of a guarantor,surety,or endorser of this Note(as described in Section 7 above)is also obligated to keep all of the promises made in this Note, IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSETERMS IN WRITING ARE ENFORCEABLE NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY EN FORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. NOTICE TO CONSUMER:1.Do not sign this paper before you read It.2.You are entitled to a copy of this paper. 3.You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. (Seal) CHRIS NSHIMYE Lender:GreenState Credit Union NMLS ID:401238 Loan Originator:Felisha Junge NMLS ID:421757 IOWA—SECOND MORTGAGE Based on Fannie MarefFredtlle Mac UNIFORM INSTRUMENT Form 3916 Amended 3/93 Initials: CP-1---/ Site Mae,Inc. Page 2 of 2 IAVISOON 0219 IAV1509N(CLS) • 06/14=21 11:44 AM PST II 1.1 :El. .6' . E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DEafibel3COURT When recorded,return to: GreenState Credit Union Attn:Mortgage Department 2355 Landon Road P.O.Box 800 North Liberty,IA 52317 800-397-3790 This document was prepared by: Lorraine Melsha GreenState Credit Union 2355 Landon Rd North Liberty,IA 52317 319-339-1000 LOAN#:8880191030 [Space Above This Line For Recording Data] MORTGAGE Legal Description on Page 2. Purchase Money Mortgage APN#: 142248200800000 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated June 14,2021, together with all Riders to this document. (B) "Borrower"is CHRIS NSHIMYE,SINGLE MAN. Borrower is the mortgagor under this Security Instrument. (C) "Lender"is GreenState Credit Union. Lender is a State Chartered Credit Union, organized and existing under the laws of Iowa. Lender's address is 2355 Landon '- er.:•a Road,P.O.Box 800,North Liberty,IA 52317. w' 1,....p,., C Lender is the mortgagee under this Security Instrument. n (D) "Note"means the promissory note signed by Borrower and dated June 14,2021. fV The Note states that Borrower owes Lender ONE HUNDRED FIFTY SIX THOUSAND ONE HUNDRED C•y FIFTYANDNO/100********************************* Dollars(U.S. $156,150.00 ) plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt:.in full .--, not later than July 5,2051. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the -- • — Property." /� •• IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 Initials: Ellie Mae,inc. Page 1 of 10 IAUDEED 0816 IAUDEED(CLS) 06/14/2021 11:58 AM PST }_, •" • E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 (F) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable]: ❑X Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider E Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s)[specify] ❑ 1-4 Family Rider ❑ Biweekly Payment Rider 0 V.A.Rider (H) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (1) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (J) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument, computer, or magnetic tape so as to order, instruct,or authorize a financial institution to debit or credit an account.Such term includes,but is not limited to,point-of-sale transfers,automated teller machine transactions, transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (K) "Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for.(i)damage to, or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (N) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. (0)"RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.§2601 et seq.)and its implementing regulation,Regulation X(12 C.F.R.Part 1024),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a'federally related mortgage loan'even if the Loan does not qualify as a"federally related mortgage loan'under RESPA. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,.whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals, extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower irrevocably mortgages,grants and conveys to Lender,with power of sale,the following described property located in the County [Type of Recording Jurisdiction]of Linn [Name of Recording Jurisdiction]: Lot 8 and North 10 feet of Lot 7,Block 39,Vernon Heights Eighth Addition to Cedar Rapids,Linn County,Iowa. APN#: 142248200800000 which currently has the address of 834 20th ST SE,Cedar Rapids, r, 1-71 [Street][City] i . Iowa 52403 ("Property Address'): r,,.) [Zip Code] C, TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30161/01 Initials: Ellie Mae,Inc Page 2 of 10 IAUDEED 0816 IAUDEED(CLS) 06/14/2021 11:58 AM PST E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT . LOAN#:8880191030 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower end Lender covenant and agree as follows: 1. Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made in U.S.currency.However, if any check or other instrument received by Lender as payment under the Note or this Security instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender.(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security instrument. 2. Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note; (b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called°Escrow Items.'At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase 'covenant and agreement"is used in Section 9.If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require °^ under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable Cr) estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. r'i The Funds shall be held in an institution whose deposits are Insured by a federal agency,instrumentality, or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Fede i Home Go IOWA—Single Faintly—Fenno Mae/Freddle Mac UNIFORM INSTRUMENT Form 50161/01 Initials: Ellie Mae,Inc. Page 3 of 10 IAUDEEd 0816 -, IAU0EED(CLS) 06/14/2021 11:58AM PST r a�'` k E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,'rf any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice Is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term'extended coverage,'and any other hazards including, but not limited to,earthquakes and floods,for which Lender requires insurance.This insurance shall be maintained in the amounts (including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower to pay,in connection with this Loan,either.(a)a one-time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might not protect Borrower, Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage, not otherwise required by Lender,for damage to, or , destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security • is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed - to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may disburse + proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work ' is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such — insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. r..^.) CA 10WA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30161/01 Initials: L/ Ellie Mae,Inc. Page 4 of 10 IAUDEED 0816 IAUDEED(CLS) 06/14/2021 11:58 AM PST E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 Fees for public adjusters,or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;Inspections.Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or Inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan.Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lender's actions can include, but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument; (b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.Securing the Property includes,but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not,without the express written consent of Lender,alter or amend the ground lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments ,.--. toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage .r.� substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the 1 cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer-Selected v"1 by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall contihue to "`'.) IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 Initials: Ellie Mae,Inc. Page 5 of 10 IAUDEED_ g16 -,ii IAUDEED(Ct-S) 06/14/2021 11:5B AM RST r. E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing, may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11.Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.if the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any, paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any, paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss in value, unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking, destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party =:1 (as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security 1 Instrument,whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. too IOWA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 Initials: y Ellie Mae,Inc. Page 6 of 10 IAUDEED 0816 IAUDEED(CLS) --- 06/14/2021 11:58 AM PST `"" !+�.•��:i A • • E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including,without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mall to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable.Law t r1 might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not rr,1 be construed as a prohibition against agreement by contract.In the event that any provision or clause of this "1.1 Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of i"\,y this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masculine gender shall mean and include d,.,n corresponding neuter words or words of the feminine gender,(b)words in the singular shall mean and include j the plural and vice versa;and(c)the word'may'gives sole discretion without any obligation to take airy action, IOWA—Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 30161101 Initials: Ellie Mae,Inc. Page 7 of 10 IAUDEED 0816-- IAUDEED(CLS) ' 06/14/2021 11:58 AM PST E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18.Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,'Interest in the Property'means any legal or beneficial interest in the Property, including,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or arty Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender:(a)cash;(b)money order; (c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan ServIcer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument)can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity(known as the'Loan Servicer')that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21.Hazardous Substances.As used in this Section 21:(a)°Hazardous Substances°are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;(b)`Environmental Law`means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection; (c) 'Environmental Cleanup' includes any response action, remedial action, or removal action,as defined in Environmental Law;and(d)an'Environmental Condition'means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal,storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition, or(c)which, due to the presence, use, or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances _4 that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property '•' (including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any/Hzardous IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30161/01 Initials: _ y Ellie Mae,Inc. Page 8 of 10 IAUDEED 0815 iAUDEED(CLS) 06/14/2021 11:58 AM PST •-• 1 • L E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 Substance or Environmental Law of which Borrower has actual knowledge, (b)any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c)any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shell promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a)the default; (b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this Section 22,Including,but not limited to,reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument.Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. 25. HOMESTEAD EXEMPTION WAIVER.I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Q Ni Seal) CHRIS NSHIMYE DATE et) >v dt IOWA—Single Famly—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/o1 Initials: Ellie Mae,Inc. Page 9 of 10 IAUDEED 0816 IAUDEED(CLS) 06/14/2021 11:58 AM PST E-FILED 2022 SEP 20 9:16 AM LINN-CLERK OF DISTRICT COURT LOAN#:8880191030 26. Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months.If the court finds that the Property has been abandoned by Borrower and Lenderwaives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days.The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ( � (o' I1-f(Z6'1-1 (Seal) CHRIS NSHIMYE DATE State of IOWA County of LINN This record was acknowledged before me on this 14th day of JUNE,2021 (Date)by CHRIS NSHI YE(Name(s)of individual(s)). FEUSHA JUHGE. (Signature of notarial officer) �M rseisuionEE 5 Title of office My commission expires: ,p Lender:GreenState Credit Union NMLS ID:401238 Loan Originator:Felisha Junge NMLS ID:421757 r"J rri I ) IOWA—Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3016 1/01 Initials: C/[./ Ellie Mae,Inc. Page 10 of 10 IAUDEED 0816 IAUDEED(CLS) 06/14/2021 11:58 AM PST _L i} ! ! .i%t : E-FILED 2022 SEP 20 9:16 AM LINN -CLERK OF DISTRICT COURT Exhibit 4 When recorded,return to: GreenState Credit Union Attn:Mortgage Department 2355 Landon Road P.O.Box 800 North Liberty,IA 52317 800-397-3790 This document was prepared by: Lorraine Meisha GreenState Credit Union 2355 Landon Rd North Liberty,IA 52317 319-339-1000 LOAN Al;EQ80194312 Legal Description on Page 2. APN# 142248200800000 MORTGAGE Purchase Money Mortgage THIS MORTGAGE is made this 14th day of June,2021 between the Mortgagor, CHRIS NSHIMYE,SINGLE MAN (herein"Borrower), and the Mortgagee GreenState Credit Union,a State Chartered Credit Union, organized and existing under the laws of Iowa, whose address is 2355 Landon Road,P.O.Box 800,North Liberty,IA 52317 (herein"Lender"). WHEREAS,Borrower is indebted to Lender in the principal sum of U.S. $9,500.00, which indebtedness is evidenced by Borrowers note dated June 14,2021 and extensions and f M , renewals thereof(herein"Note'),providing for monthly installments of principal and interest,with the balance -1"./ of Indebtedness,If not sooner paid,due and payable on July 5,2051. N Ir C TO SECURE to Lender the repayment of the indebtedness evidenced by the Note,with interest thereon; i'— the payment of all other sums,with interest thereon,advanced in accordance herewith to protect the security `n i ?; i IOWA SECOND MORTGAGE-1/80-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3816 � � " Mi 415 }by Etta Mae,Inc. Initials:: Elite Mae,Irc. Page 1 of 6 IAVSECDE 0818 iAVSECDE(CLS) 0E11412021 11:44 AM PST E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT LOAN#:EQ80194312 of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage,grant and convey to Lender the following described property located in the County ;Type of Recadng Jurisdiaionl of Linn Name of Recording Jurisdictionl: Lot 8 and North 10 feet of Lot 7,Block 39,Vernon Heights Eighth Addition to Cedar Rapids,Linn County,Iowa. APN#: 142248200800000 which has the address of 834 20th ST SE,Cedar Rapids, [Street](City] Iowa 52403 (herein"Property Address"); (Be cede) TOGETHER with all the improvements now or hereafter erected on the property,and all easements,rights, appurtenances and rents,all of which shall be deemed to be and remain a part of the property covered by this Mortgage;and all of the foregoing,together with said property(or the leasehold estate if this Mortgage is on a leasehold)are hereinafter referred to as the'Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage.grant and convey the Property,and that the Property is unencumbered,except for encumbrances of record.Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to encumbrances of record. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows; 1. Payment of Principal and Interest.Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance.Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note,until the Note is paid in full, a sum (herein'Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments,if any)which may attain priority over this Mortgage and ground rents on the Property,if any,plus one-twelfth of yearly premium installments for hazard insurance.plus one-twelfth of yearly premium installments for mortgage Insurance,if any,all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof.Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust If such holder is an institutional lender. if Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which are Insured or guaranteed by a federal or state agency(Including Lender if Lender is such an institution).Lender shall apply the Funds to pay said taxes, assessments,Insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds.analyzing said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower,and unless such agreement is made or applicable law requires such interest to be paid,Lender shall riot be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for the sums secured by this Mortgage. if me amount of the Funds held by Lender,together with the future monthly Installments of Funds payable prior to the due dates of taxes,assessments,insurance premiums and ground rents,shall exceed the amount required to pay said taxes,assessments,insurance premiums and ground rents as they fall due,such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes. assessments,insurance premiums and ground rents as they fall due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage,Lender shall promptly refund to Borrower any ) Funds held by Lender.if under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by i Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. n., • IOWA•SECOND MORTGAGE-1/80-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3816 ��/ Modified by Eife Mae,Inc. Initials: Ellie Mae,Inc. Page 2 of 6 IAVSECOE 0816 IAVSECAE(CIS) 06/14/2021 11:44 AM PST • E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT LOAN#:E080194312 3. Application of Payments.Unless applicable law provides otherwise,all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof,then to interest payable on the Note,and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage,Including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes,assessments and other charges,fines and impositions attributable to the Property which may attain a priority over this Mortgage,and leasehold payments or ground rents,If any. 5. Hazard insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall Include a standard mortgage clause in favor of and in a form acceptable to Lender.Lender shall have the right to hold the policies and renewals thereof,subject to the terms of any mortgage,deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of toss,Borrower shall give prompt notice to the Insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit Impairment or deterioration of the Property. If this Mortgage is on a leasehold,Borrower shall comply with all the provisions of the lease.Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.Borrower shall not.without the express written consent of Lender,alter or amend the ground lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.If this Mortgage is on a unit in a condominium or a planned unit development,Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development,the by-laws and regulations of the condominium or planned unit development,and constituent documents, 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage,or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances,disburse such sums,including reasonable attorneys'fees,and take such action as is necessary to protect Lender's interest,If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage.Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7,with interest thereon,at the Note rate,shall become additional indebtedness of Borrower secured by this Mortgage.Unless Borrower and Lender agree to other terms of payment,such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof.Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. inspection.Lender may make or cause to be made reasonable entries upon and inspections of the Property,provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation.The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender,subject to the terms of any mortgage.deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release,in any manner,the liability of the original Borrower and C Borrower's successors in Interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest.Any tV forbearance by Lender in exercising any right or remedy hereunder,or otherwise afforded by applicable law, i �>> shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and ^ agreements herein contained shall bind,and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower,subject to the provisions of paragraph 16 hereof.All covenants and — IOWA-SECOND MORTGAGE-1180-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3ti16 ModtSed by els Mae,In,:, initials: Ellie Mae,Ina Page 3 of 6 IAVSECDE 0816 IAVSECQE(CLS) 0611412021 11:44 AM PST I. &IA �� E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT LOAN#:EQ80194312 agreements of Borrower shall be joint and several.Any Borrower who co-signs this Mortgage,but does not execute the Note,(a)is co-signing this Mortgage only to mortgage,grant and convey that Borrower's imerest in the Property to Lender under the terms of this Mortgage,(b)is not personally liable on the Note or under this Mortgage,and(c)agrees that Lender and any other Borrower hereunder may agree to extend,modify,forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice.Except for any notice required under applicable law to be given In another manner,(a)any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein,and(b)any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein.Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law;Severability.The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located.The foregoing sentence shall not limit the applicability of federal law to this Mortgage.In the event that arty provision or clause of this Mortgage or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision,and to this end the provisions of this Mortgage and the Note are declared to be severable.As used herein,'costs,'"expenses and'attorneys'fees'include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy.Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement.Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,Improvement,repair,or other loan agreement which Borrower enters into with Lender. Lender at Lender's option,may require Borrower to execute and deliver to Lender,in a form acceptable to Lender,an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services In connection with Improvements made to the Property. 16.Transfer of the Property or a Beneficial Interest in Borrower.if ail or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment In full of all sums secured by this Mortgage.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option.Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage.If Borrower falls to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower, NON-UNIFORM COVENANTS.Brower and Lender further covenant and agree as follows: 17.Acceleration;Remedies.Except as provided in paragraph 16 hereof,upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage,including the covenants to pay when due any sums secured by this Mortgage,Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying:(1)the breach;(2)the action required to cure such breach;(3)a date, not less than 30 days from the date the notice is mailed to Borrower,by which such breach must be cured;and(4)that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage,foreclosure by judicial proceedings,and sale of the Property The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure.If the breach Is not cured on or before the date specified in the notice, Lender,at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding.Lender shall be entitled to collect In such proceeding all expenses of foreclosure,including,but not limited to, costs of documentary evidence,abstracts and title reports. 18. Borrower's Right to Reinstate.Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach,Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if (a)Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no accelera- tion occurred;(b)Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage;(c)Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof;and(d)Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage,Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower,this Mortgage and the Ca.) • obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. r 1 19.Assignment of Rents;Appointment of Receiver.As additional security hereunder,Borrower hereby assigns to Lender the rents of the Property provided tiat Borrower shall,prior to acceleration under paragraph 7,1- 1-•.) Cr) IOWA-SECOND MORTGAGE-1/SO-Fannie Mae/Fraddla Mac UNIFORM INSTRUMENT Form 38I6 CA-/ •••• ' ; Modeled by Blie Mee.Inc. Initials: Elie Mae,Ina Page 4 of 6 lAVSECOE 0B18 .= fAVSECDE(CLS) .• 06/14/2021 11:44 AM?ST 0.le 24. .r• • • mit( NOWE : E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT LOAN#:EQ80194312 17 hereof or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property,and at any time prior to the expiration of any period of redemption following judicial sale, Lender shall be entitled to have a receiver appointed by a court to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past due.All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,including,but not limited to,receiver's fees,premiums on receiver's bonds and then to the sums secured by this Mortgage.The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower.Borrower shall pay all official fees in connection with this Mortgage. 21. Waiver of Dower,Homestead and Distributive Share.Borrower hereby relinquishes all right of dower and hereby waives all right of homestead and distributive share in and to the Property.Borrower hereby waives any right of exemption as to the Property. 22. Redemption Period,If the Property is less than ten acres in size and if Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,then the period of redemption from judicial sale shall be reduced to six months.If the court finds that the Property has been abandoned by Borrower and if Lender waives any right to a deficiency judgment against Borrower,then the period of redemption from judicial sale shall be reduced to sixty days.The provisions of this paragraph 22 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 23. Riders.All Riders to this document are executed by Borrower.The following Riders are to be executed by the Borrower[check box as applicable]; Adjustable Rate Rider J Condominium Rider E Second Home Rider J Balloon Rider J Planned Unit Development Rider CI Other(s)[specify] J 1-4 Family Rider J Biweekly Payment Rider I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale, and that by signing this Mortgage, I voluntarily give up my right to this protection for this property with respect to claims based upon this contract 6f 1 L!f14.4 (Seal) CHRIS NSHIMYE DATE (Seal) DATE r:7 t'3- „ NJ dd X IOWA-SECOND MORTGAGE-1/80-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3816 /1 �, Modrfied by me Mae,Inc. Initials: CA—I Erie Mae,Inc, Page 5 of 6 IAVSECOE D616 IAVSECOE(CIS) 08/14/2021 11:44 AM PST 14 • �ii.;ti1ri E-FILED 2022 SEP 20 9:16 AM LINN -CLERK OF DISTRICT COURT LOAN#:EQ80194312 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender,at Lender's address set forth on page one of this Mortgage,of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF,Borrower has executed this Mortgage. C?t 1 4 1" --\ (Seal) CHRIS NSHIMYE DATE (Seal) DATE State of IOWA County of LINN This record was acknowledged before me on this 14th day of JUNE,2021(Date)by CHRIS NSHI (Name(s)of Individual(s)). JUNGE lilcommmionFEUS4ANtimbet 7454051 (Signature of notarial officer) C 1t-y° Lt Title o office My commission expires: [ 1 I Lender:GreenState Credit Union NMLS ID:401238 Loan Originator:Felisha Junge NMLS ID:421757 .4 �a r.� "1 .- c j CY' Iowa-SECOND MORTGAGE-1/80-Fannie MeelFreddle Mac UNWORM INSTRUMENT Form 3616 �� McSfied by Elie Mae,Inc. Initials: Ea Mae,€no Page 6 of 6 IAVSECDE 0818 IAVSECOE(CLS) 06/14/2021 1 1--44 AM?ST E-FILED 2022 SEP 20 9:16 AM LINN -CLERK OF DISTRICT COURT Exhibit 5 le,...,-.' GreenState Credit Union PO BOX 800,North Liberty,IA 523 17 GreenState i",P111114•0t; January II.2022 Chris Nsitimye 834 20th ST SE Cedar Rapids IA 52403 Creditor:GreenState Credit Union Loan ID 4:8880191030 Secured by property located at: 834 20th ST SE Cedar Rapids.1A 52403 Account Number: 8880191030 Principal Balance: 155.047.68 Unpaid Interest: 816,31 Past Due Amount-, 1,996 39 Late Fee: 58,08 Next Payment Date: 1215/2021 Daily Rate: 12.19 Notice of Right to Cure Dear Member: This credit transaction is now in default. [he default may be corrected until Saturday,February 12,2022. If it is corrected the contract may continue as though there was not a default.The default consists of failure to pay 1,996.39 for a mortgage loan. Correction of default; Before Saturday,February 12,2022, 1,996,39 needs to be paid to GreenState Credit Union,2355 Landon Rd,North Liberty,IA52317-0800, Failure to cure the default before Saturday,February'12,2022may result in acceleration of the sums secured by the mortgage. fbreclosure by judicial proceedings and sale of the property. If there is a default again in the next year.the Credit I Inion may exercise its rights without sending you another notice like this. You have the right to reinstate the mortgage after acceleration.If you meet certain conditions.you shall have the right to ha‘e entiircement of the Security Instrument discontinued at any time prior to the earliest of:(a)Inc days before sale of the Property pursuant to any power of sale contained in the Security Instrument:(b)such other period as Applicable Law might specify far the terminalion of your right to reinstate;or(c)entry of a judgment enforcing the Security Instrument.Those conditions are that you: (a)pay GreenState Credit Union all sums which then would be due under the Security Instrument and the Note as if no acceleration had occurred:(b)cures any default of any other co‘enants or agreements;(c)pays all expenses incurred in enforcing the Security Instrument,including. but not limited to.reasonable attorneys'fees.property inspection and valuation fees,and other fees incurred for the purpose of protecting.GreenState Credit Union's interest in the Property and rights under the Security Instrument:and(d) takes such action as EireenState Credit Union may reasonably require to assure that GreenState Credit Union's interest in the Property:and rights under the Security Instrument and your obligation to pay the sums secured by the Security Instrument.shall continue unchanged.The GreenState Credit Union may require that you pay such reinstatement sums and expenses in one or more of the following forms as selected by the GreenState Credit Union:(a)cash:(b)moue:, order;(c)certified check bank check, treasurer's cheek or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity',or(d)Electronic fund Transfer,Upon reinstatement by you,the Security Instrument and obligations secured thereby shall remain fully elTectis e as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18 of the Security Instrument. You have the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you may have to acceleration and foreclosure. .. . r\) '''''''' Crl r. Sincerely. *l 177) GreenState Credit Union Account Resolutions Department . ,, 1-800-446-3719 or 319-M1-2165 > — This ts an attempt to collect a debt Any information received shall he used for that purpose Wa may repod lf krallnall4111 about mu account to credit bureaus Laic payments.missed payments,or other debut*on your occutun may be tetketed in your credit report E-FILED 2022 SEP 20 9:16 AM LINN -CLERK OF DISTRICT COURT Service members Civil relief U.S.Department of Act Notice DisclosureOMB approval 131/2021 Housing and 3131/2 Urban Lip 02 Development Office of Housing Legal Right ds an Proteaionc iTn.dt the Rai Servicemembers on"active duty"or"active service,"or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC§§ 3901-4043)(SCRA). Who May Be Entitled to Legal_Protections Under the SCRA? • Regular members ofthe U.S.Armed Forces(Army,Navy,Air Force Marine Corps and Coast Guard). • Reserve and National Guard personnel who have been activated and are on Federal active duty • National Guard personnel undera call or order to wive duty for more than 30 consecutive days under section 502(f)oftitie 32,United States 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 ofthe Public Health Service and the National Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protectio a Are Servicemembers Entitled To Under the SCRA? • The SCRA states that a debt incurred by a servicemember,or servicemember and spouse jointly,prior to entering military service shall not bear interest at a rate above 6%during the period of military service and one year thereafter,in the case of an obligation or liability consisting ofa mortgage,trust deed,or other security in the nature ofa mortgage,or during the period of military service in the case of any other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during,or within one year afterthe servicemember's military service,a court may stop the proceedings for a period of time,or adjust the debt.In addition,the sale,foreclosure,or seizure of real estate shall not be valid if it occurs during or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale,foreclosure,or seizure ofthe real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicernember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA from loans with interest rates above 6%a servicemember or spouse must provide a written request to the lender,together with a copy of the serviceniember's military orders.[Note: Lender should place its name,address,and contact information here.] • There is no requirement under the SCRA,however,for a servicemember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances,lenders should inquire about the military status of a person by searching the Department ofDefense's Defense Manpower Data Center's webs Ito,contacting the servicemember,and examining their files for indicia of military service. Although there is no requirement for servicemembers 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 ember or Dependent Obtain Information About the SCRA? • 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 atllttp:/llettalassistance.law.af:ttlil/contentllocator:phla ,..:.; • "Military OneSource"is the U.S.Department ofDefense's information resource.If you aredisted.as entitled to legal protections under the SCRA(see above),please go to wwnw.mil itat,otlesoiure.miWept) or call I-800-342-9647{toll free from the United States)to find out more information.Dialing ' ' instructions for areas outside the United States are provided on the website. form fi fO-920 (0120147. E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT ��. GreenState CREDIT UNION Notice Date: 05/17/2022 PO Box 800, North Liberty, Iowa 52317-0800 RETURN SERVICE REQUESTED 565907 2742 1/2 C6 05-18-22 CLT 201459256 1 MB 0.485 III'I'IIII'IIIIIIIIII'IIIIIIII'IIIIII'III"'IIII'Illlllllllllll.l CHRIS NSHIMYE 834 20TH ST SE CEDAR RAPIDS IA 52403-2740 SUBJECT: NOTICE OF RIGHT TO CURE DEFAULT Account Number: XXXXXX8996 Security: 834 20TH ST SE CEDAR RAPIDS IA 52403 Principal Balance: $9,424.67 Amount Past Due: $126.00 Interest Due: $75.82 Late Fees: $4.20 You are now in default on this consumer credit transaction Your default consists of$126.00 in delinquent payments,which are at least ten or more days past due, plus$4.20 in late fees. You have the right to cure or correct your default by paying $126.00 on or before June 18, 2022. If you do so,the contract may continue as though there was not a default. If you do not correct your default by the date stated above, the Credit Union may exercise its rights against you under the law.You may risk forfeiture of the collateral securing this loan and we may be entitled to proceed by initiating a foreclosure action or procedure. If you have any questions concerning this notice, please write or telephone us. Sincerely, GreenState Credit Union Account Resolutions Department c. E.. 1-800-446-3719 or 319-341-2165 ;ri .. : rya CC: file { , This is an attempt to collect a debt. Any information received shall be used for that purpdse":We rriay 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. BANKRUPTCY DISCLOSURE If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under applicable bankruptcy law, this notice is for informational purposes only and is not an attempt to collect the debt, a demand for payment, or an attempt to impose personal liability for that debt. However, any collateral pledged to secure the loan remains subject to GreenState Credit Union's claim. XDI-C-2ND • E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT Service members Civil relief U.S. Department of OMB approval 2502-0584 Act Notice Disclosure Housing and Urban Exp 3/31/2021 Development Office of Housing J,eoal Ri¢bts and Protections Under the SCRA Servicemembers on"active duty"or"active service,"or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt reliefpursuant to the Servicemembers Civil Relief Act(50 USC§§3901-4043)(SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Regular members of the U.S.Armed Forces(Army,Navy,Air Force Marine Corps and Coast Guard). • Reserve and National Guard personnel 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 consecutive days under section 502(f) of title 32,United States 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 Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that a debt incurred by a servicemember,or servicemember and spouse jointly,prior to entering military service shall not bear interest at a rate above 6%during the period of military service and one year thereafter,in the case of an obligation or liability consisting of a mortgage,trust deed,or other security in the nature of a mortgage,or during the period of military service in the case of any other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during,or within one year after the servicemember's military service,a court may stop the proceedings for a period of time,or adjust the debt.In addition,the sale,foreclosure,or seizure of real estate shall not be valid if it occurs during or within one year after 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. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA from loans with interest rates above 6%a servicemember or spouse must provide a written request 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 servicemember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against N real estate. Under these circumstances,lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website,contacting the servicemember,and examining their files for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their military status in these situations,it still is a good idea for the servicemember to do so. Co 0 Pow Does a Servicemember or Denendent Obtain Information About the SCRA? • 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 N available at http://legalassistance.law.af mil/content/locator.php "Military OneSource"is the U.S.Department of Defense's information resource.If you are listed as entitled to legal protections under the SCRA(see above),please go to wvvw.militaryonesource.mil/legal or call 1-800-342-9641.(toll frear- cm the United States)to find out more information.Dialing instructions for areas outside the United States are provgl4d on tt}e website. r"'4orm HUD.92070 (6/2017) k J r\J E-FILED 2022 SEP 20 9:16 AM LINN - CLERK OF DISTRICT COURT Exhibit 6 GreenState Credit Union 2355 Landon Road, PO BOX 800, North Liberty, IA 52317- 0800 GreenState CAM!UNION June 22,2022 Chris Nshimye 834 20th ST SE, Cedar Rapids,IA 52403 RE: MORTGAGE ACCELERATION Real Estate Mortgage on property at 834 20th ST SE, Cedar Rapids,IA 52403 Loan ID: 8880191030 Dear member: This letter is to notify you that GreenState Credit Union has accelerated the amount due pursuant to your note, which is secured by your mortgage on the property,located at 834 20th ST SE Cedar Rapids,IA 52403 The amount due pursuant to the terms of your note and mortgage as of June 22,2022 is 158,623.02 plus interest from June 22,2022 at the rate of 12.23 per day until payment in full. Failure to pay said amount,plus accruing interest on or before July 09,2022 may result in foreclosure by judicial proceedings and sale of the property. GreenState Credit Union Account Resolutions Department 1-800-446-3719 or 319-341-2165 4\ L..'i1I1V G l ; Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). This is an attempt to collect a debt. Any information received shall be used for that purpose. ` fit' w.44:. u^ xY`p x, is E—FILED 2022 SEP 20 9:16 AM LINN — CLERK OF DISTRICT COURT Atir:11P!P �v`' n Mortgage Mediation Notice trg You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure gh petition was recently filed against you. The purpose of this notice y is to inform you that help is available through Iowa Mortgage Help, l' ;-` , -, a State of Iowa-sponsored program. ,.,.,, / TI he/p Eh/E3//aij,'C `° Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer 'x b all Iowans access to free, confidential mortgage counseling with local °- organizations located right here in Iowa. Iowa Mortgage Help is here ;°l, , to assist you in working through your situation. ' ` 5' 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 - 6x to your situation and offer free, confidential advice through each x "Az , ,a step of the process. In some cases, we are able to work with lenders ''' x$ f and borrowers to restructure mortgage terms. While we are not able :xx'F ,, < x to help everyone, we are able to help the majority of homeowners N���. x :::.xx ,x .F..• =x' ' : ' :„ who call Iowa Mortgage Help The fact that a foreclosure petition may be or has been filed against ' 1' =.. you does not necessarily mean that you will lose your house. It is NOT "' =E :n too late. There is still time for help. F' tt Do Not Delay. This may be your best chance to save your E -- . home from foreclosure. 15 ,<< °, Call 1-877-622-4866 today or go to lowaMortgageHelp.com. This free call could save your home. . ''3' ' ',Tor, µ r 1 Iowa Mortgage Help -"'� ti,, °:_ :. :' ,w 1-877-622-4866 ..D,�. 1444itittkitirM5trrrIt' rip. www.lowaMortgageHelp.com •• 1':fii ;:ix g- A. ,. , This notice is being provided as required by Iowa Code section 654.46(2). PO Box 800, North Liberty, IA 52317-0800 I I 1-800-397-3790 07/26/2022 State CREDIT UNION CHRIS NSHIMYE 834 20TH ST SE CEDAR RAPIDS, IA 52403 RE: MORTGAGE ACCELERATION Real Estate Mortgage Acct No: Dear member: This letter is to notify you that your loan with GreenState Credit Union (formerly known as University of Iowa Community Credit Union) remains delinquent. You have failed to Cure the delinquency and we hereby demand payment of the full balance in accordance with Iowa Code §654.4B.The accelerated balance now due and owing as of 07/26/2022 is: Principal Balance: $9,392.99 Plus interest from: 05/31/2022 At a rate of: 3.38% The failure to pay this amount, including any accrued interest on or before 08/11/2022, may result in foreclosure by judicial proceedings and sale of the property located at 834 20TH ST SE CEDAR RAPIDS, IA 52403. If you have filed a bankruptcy and been granted a discharge the indebtedness described in this letter will only be enforced as to the property and no personal judgment will be sought against you. GreenState Credit Union Account Resolutions Department 1-800-446-3719 or 1-319-341-2165 CC: File Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). This is an attempt to collect a debt. Any information received shall be used for that purpose. ^ . ° ' �� ��^�"��.��" Notice N�~�^ U��K��K U��U����8���v��"" M`����m~��� You are receiving this notice because(l)your lender believes that your mortgage |s seriously delinquent, or(2) a foreclosure petition was recently filed against you, The purpose of this notice iatn inform you that help ia available thmuQhIowa N1urb�8eHelp, ' o State of Iowa-sponsored program. help is lable Iowa Mortgage Help isa group nf organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority tooffer all Iowans access to free, confidential mortgage counseling with local organizations located right here iD Iowa. Iowa Mortgage Help is here to assist you in working through your situation. P|eo8enaU11'B77^G22'4GGGouuoonmnpoxuiNw. ThaourUmryuuna||. the more options that are available tu you. When you call,you will bn referred k/a trained, professional counselor who will listen bo your situation and offer free, confidential advice through each step of the process. }n some cases, we are able to work with lenders and borrowers to nemtmduno mortgage terms. While we are not able k. to help everyone, we are able to help' the majority of hnmamwDam ' who call |VYa Mortgage Help. � The fact that a foreclosure petition may beor has been filed against you does not necessarily mean that you will lose your house. |tinNOT � too late. There io still time for help. , ! D¢ Not Delay. This may be your best chance tosave your -home from ' foreclosure. Call 1 tO���O��D�� � | ' -' ' ___ .--- ~ '--_'_.���_~-�.~_~ ! 1 �' This free call could save your home. m kxwm Mortgage HelpAft 1-877'62=-486" r ��w. ~~~~~�.�~.~'~. '� / z This notice Is being provided as required by Iowa Code section a54.4B(2). -- �� END OF CASE FILE Kellie Fruehling From: Kellie Fruehling Sent: Monday, October 31, 2022 12:28 PM To: Sue Dulek Subject: RE: Service Packet - EQCV083856 - H&G Partnership Attachments: 3 668_001.p d f Filed copy attached. "'a I $WA CITY A UNESCO CITY OF LITERATURE 7<e/iie rFrUe64/? , CMC City Clerk office:319-356-5041 410 E Washington St, Iowa City,IA 52240 WWW.ICGOV.ORG 0000 From:Sue Dulek<SDulek@iowa-city.org> Sent: Monday, October 31, 2022 12:14 PM To: 'Alison Manning' <alisonmanning@greenstate.org>; Kellie Fruehling<KTuttle@iowa-city.org> Subject: RE: Service Packet- EQCV083856- H&G Partnership Alison: Attached please find the Acceptance of Service for the City of Iowa City. Sue Susan Dulek Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax sue-dulek(ajowa-city.org Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet,the City Attorney's Office cannot assure that such messages are secure.You should be careful in transmitting information to the City Attorney's Office that you consider confidential.If you are uncomfortable with such risks,you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication,the City Attorney's Office will assume you assent to such communication.This message is covered by the Electronic Communication Privacy Act,18 U.S.C.Sections 2510-2515,is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege.It should not be forwarded to anyone else without consultation with the originating attorney.If you received this message and are not the addressee,you have received this message in error.Please notify the person sending the message and destroy your copy. Thank you. 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, ) ) Plaintiff, ) NO. EQCV083856 ) vs. ) ) ACCEPTANCE OF SERVICE ) H & G PARTNERSHIP, ET AL., ) ) Defendants. ) I, Kellie K. Fruehling, hereby accept service on behalf of the City of Iowa City of the Original Notice and Petition in Equity filed in the above-captioned matter. -14WL.-e I® ) Kellie K. Fruehling Date City Clerk-City of Iowa City 410 E. Washington St. Iowa City, IA 52240 ca c_) c3 - ,� r., o E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, Plaintiff, CASE NO: EQCV083856 V. H & G PARTNERSHIP; IOWA CITY;SDZ INVESTMENTS, LLC; QUAD FOUR, L.L.C.; ORIGINAL NOTICE MARK T HAMER; MARSHA K HAMER; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 715 E Burlington St and 731 E Burlington St, Iowa City, IA 52240, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action. This County utilizes the Electronic Document Management System. You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, Iowa 52317. That attorney's telephone number is 319-248-7164; facsimile number 319-665- 2197. You must serve a motion or answer within 30 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 X1105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTEREST r.) E-FILED 2022 OCT 31 10:02 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083856 County Johnson Case Title GREENSTATE CREDIT UNION V. H&G PARTNERSHIP ET AL You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at wwwlegis.iowa.govidocs/ACOICourtRulcsChapter16.hdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-thepublicirepresenting-yourselffprotect personal-informationi. Scheduled Hearing: If you need assistance to participate in court due to a disability,call the disability access coordinator at(319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(I-800-735-2942). For more information,see W\\'A-1(M Ll:kr,:rt .gO\ I r-th puhlir ada . Disability access coordinators cannot provide legal advice. Date Issued 10/31/2022 10:02:26 AM 4+. .) ;`• c III',. 0' .14119k4' \ c", IL District Clerk of Court or/by Clerk's Designee of Johnson County ' Is!Christine Roseiund E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, Plaintiff, CASE NO: EQCV083856 V. H & G PARTNERSHIP; IOWA CITY;SDZ INVESTMENTS, LLC; QUAD FOUR, L.L.C.; PETITION IN EQUITY MARK T HAMER; MARSHA K HAMER; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 715 E Burlington St and 731 E Burlington St, Iowa City, IA 52240, Defendants. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (or THREE MONTHS if the petition includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING. THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE COMES NOW,the Plaintiff GreenState Credit Union, by and through its attorney, Christopher E. Pech, and for its Petition in Equity,states as follows: 1. Plaintiff GreenState Credit Union is a credit union lawfully doing business with its, C.-= principal place of business in North Liberty,Johnson County, Iowa. • fw; C'"r E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT 2. Defendant H &G Partnership is an unincorporated Iowa General Partnership consisting of the partners Mark Hamer and John Gnagy with its principal place of business in Johnson County, Iowa. 3. As shown by the Warranty Deed dated August 20, 1985,and filed September 12, 1985 in Book 798, Page 173 of the Johnson county Recorder's Office, H & G Partnership,took title to the real property legally described as: Commencing at a point 16 feet east of the northwest corner of east half of Out Lot 28 in Iowa City, Iowa,according to the recorded plat thereof;thence east 40 feet;thence south 110 feet;thence west 40 feet;thence north 110 feet to the place of beginning. and locally known as 715 E Burlington St, Iowa City, IA 52240 (the "Property#1"). 4. As shown by the Warranty Deed dated November 8, 1993,and filed December 14, 1992 in Book 1672, Page 275 of the Johnson County Recorder's Office, H &G Partnership, took title to the real property legally described as: Commencing at point 64.69 feet west of the northeast corning of Out Lot 28 in Iowa City, Iowa, according to the recorded plat thereof;thence south 110 feet,thence west 40 feet,thence north 110 feet,thence east 40 feet to the place of beginning. and locally known as 731 E Burlington St, Iowa City, IA 52240 (the "Property#2"). 5. Property#1 and Property#2 are collectively referred to herein as the "Real Property." 6. On or about March 31, 2017, Defendant H & G Partnership executed and delivered certain Promissory Notes in favor of the Plaintiff. Said Promissory Notes were executed on March 31, 2017, a copy of which is attached hereto and incorporated herein, marked Exhibit "1".The Promissory Note is in the principal sum of One Hundred Eighty-Three Thousand Five Hundred Thirty Eight Dollars and Nine Cents($183,538.09). Interest accrues on the unpaid principal balance at the rate of 4.250% per annum. The Note provides for payment of monthly installments of principal and interest, with full balance due on April 15, 2022. • 7.To secure the Promissory Note Defendant H &G Partnership on or about October 31, 2014, made, executed and delivered to Plaintiff a written Mortgage creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit "2".The Mortgage covers Property#1 and is dated October 31, 2014 and was duly filed for record on October 31, 2014 in Book 5298, Page 668 of the Records of the E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT Johnson County Recorder. Said Mortgage secures the principal balance and future advances up to$140,000.00. AND To secure the Promissory Note Defendant H & G Partnership on or about October 31, 2014, made, executed and delivered to Plaintiff a written Mortgage creating first and prior lien on the real estate described therein,a copy of which is attached hereto and incorporated herein, marked Exhibit"3". The Mortgage covers Property#2 and is dated October 31, 2014 and was duly filed for record on October 31, 2014 in Book 5298, Page 686 of the Records of the Johnson County Recorder. Said Mortgage secures the principal balance and future advances up to$140,000.00. 8.To further secure the Mortgage on Property#1 Defendant H &G Partnership on or about October 31, 2014, made, executed and delivered to Plaintiff an Assignment of Rents dated October 31, 2014 and was duly filed for record on October 31, 2014 in Book 5298, Page 679 of the Records of the Johnson County Recorder, a copy of which is attached hereto and incorporated herein, marked Exhibit"4". Said Assignment of Rents secures the principal balance and future advances up to $140,000.00 AND To further secure the Mortgage on Property#2 Defendant H & G Partnership on or about October 31, 2014, made,executed and delivered to Plaintiff an Assignment of Rents dated October 31, 2014, and was duly filed for record on October 31, 2014 in Book 5298, Page 697 of the Records of the Johnson County Recorder, a copy of which is attached hereto and incorporated herein, marked Exhibit"5". Said Assignment of Rents secures the principal balance and future advances up to $140,000.00. 9. The Mortgages and Assignment of Rents provide that a receiver may be appointment in the event of default. 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 peMency of this matter and that all rents and profits derived therefrom said Real Property be cofiected and applied by the receiver toward the satisfaction of Plaintiff's judgment. E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT 10. On March 31, 2017, Defendant Quad Four, L.L.C. provided Plaintiff a Commercial Guaranty guaranteeing the obligations of H & G Partnership under the Promissory Note,a copy of which is attached hereto and incorporated herein, marked Exhibit "6". 11. On March 31, 2017, Defendant Mark T Hamer provided Plaintiff a Commercial Guaranty guaranteeing the obligations of H & G Partnership under the Promissory Note, a copy of which is attached hereto and incorporated herein, marked Exhibit "7". 12. On March 31, 2017, Defendant Marsha K Hamer provided Plaintiff a Commercial Guaranty guaranteeing the obligations of H &G Partnership under the Promissory Note, a copy of which is attached hereto and incorporated herein, marked Exhibit "8". 13. Defendant H &G Partnership is now delinquent in the payments on said Note and Mortgages. 14. Iowa City is added as a Defendant as a result of the Judgment entered against H &G Partnership in Johnson County Case No. ICCISC101778.The Judgment was entered on May 18, 2022, and is a lien upon property owned by H &G Partnership. Iowa City may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 15. Defendant SDZ Investments, LLC is added as Defendant as a result of a junior mortgage from H & G Partnership to SDZ Investments, LLC dated February 5, 2018 and filed for record on December 18, 2018 in Book 5864, Page 590 of the Records of the Johnson County Recorder. SDZ Investments, LLC may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 16. 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 in the property which is the subject of this action,; rt any such interest of such defendants would be junior and inferior to that of Plaintiff. ---4 17. Plaintiff has elected, pursuant to the terms of the Promissory Note and Mortgages-to accelerate the time of payment under the Promissory Note and has therefore declared-the entire indebtedness immediately due and payable under the Note. E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT 18. On April 18, 2022 Plaintiff gave notice of acceleration and demand for payment of the accelerated balance with an Iowa Mortgage Mediation Notice and more than fifteen (15) days has passed since the notice was given. A copy of the Demand is attached as Exhibit "9"and is hereby incorporated by reference. 19.The Mortgages provide in the event of default, suit, and foreclosure that Plaintiffs attorneys'fees, courts costs and expenses shall be paid by mortgagors. 20.The Mortgages provide in the event of default that Plaintiff may procure a continuation of the abstract,obtain insurance for the property, pay taxes on the property, pay assessments, and add such amounts to the Mortgage debt.These amounts become a part of the Mortgage indebtedness and are secured by the Mortgages. 21. Plaintiff is the owner and holder of said Promissory Note and Mortgages. Plaintiff has demanded payment and payment has been refused. 22. In accordance with the provisions of said Promissory Note and Mortgages, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 23. Said Mortgages provide that if default shall be made in the payment of said Promissory Note or any part of the interest thereon,the Mortgages may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgages. 24. Plaintiff DOES NOT waive its rights to a deficiency judgment in this matter and requests deficiency judgment against H &G Partnership; Quad Four, L.L.C.; Mark T. Hamer; and Marsha K. Hamer. 25. The Real Property is not: a) the homestead of any defendant; b)agricultural land as defined in Iowa Code§9H; c) agricultural property as defined in Iowa Code § 6541A.1; d) used for an agricultural purpose as defined in Iowa Code § 535.13; ore) used for farming as cl fined in Iowa Code § 175.2. cn 26.After crediting the amounts paid on said Promissory Note secured by said Mortgages, there is now due and owing Plaintiff on the Note in the total amount of -- $152,530.25 as follows: E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT A. An unpaid principal balance on the Promissory Note, as of October 13, 2022, of $152,034.58; and B. Interest as provided in the Promissory Note through October 13, 2022, in the amount of$495.67,with interest continuing to accrue from October 14, 2022, at the daily rate of$17.70265. 27.All Defendants named in this action have or claim to have some lien upon or interest in the Real Property. The interests or rights of all Defendants in at to the Real Property are subordinate and junior to Plaintiff's Mortgages and as such are all subject to extinguishment by foreclosure. WHEREFORE, Plaintiff prays for judgment in rem against the Real Property and in personam against Defendants H & G Partnership, Quad Four, L.L.C., Mark T Hamer, and Marsha K Hamer in the amount of$152,530.25 together with interest at the rate of$17.70265 per day from October 14, 2022, plus any advancements, from and after the date of filing of this petition, plus all reasonable attorney's fees,taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgages be established as priority liens against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgages be foreclosed and all claims, rights, title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, and that the right, title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment, together with interest, cost, and accruing costs, to satisfy the judgment to be entered herein. That upon said sale under special execution,the right,title, lien or interest of the Defendants in and to the Real Property be forever cut off, barred and foreclosed and the purchaser at the Sheriff's sale shall be awarded a Sheriff's Deed free and clear of any right,title, lien or interest of the Defendants to the Real Property. i E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT PLAINTIFF FURTHER PRAYS that in the event Defendant H &G Partnership files a demand for delay of sale herein, the execution sale be delayed for a period of not more than two months from the entry of judgment in the event the mortgaged real estate is not its residence,and for a period of not more than six months from the entry of judgment in the event the mortgage Real Property is its residence. Plaintiff retains full right to any deficiency judgment against Defendants which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the mortgaged premises. PLAINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for taxes or insurance upon the above described real estate, Plaintiff be given an additional lien against the real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon application a receiver be appointed immediately to take care of, manage, lease and collect rents from the Real Property, and to apply the same in payment 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 PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. s Christopher E. Pech AT 06178 GREENSTATE CREDIT UN ON PO Box 800 2355 Landon Road North Liberty,IA 52317 christopherpech@greenstate.org 319-248-7164 GENERAL COUNSEL-CONSUMER CREDIT for GreenState CD E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT Exhibit 1 PROMISSORY NOTE Principal Loan Date Maturity Loan No Gail t Coll AC)I0t Officer Initials ; 4j 5.5.313.09 I03-31-2017 �04-15-2022 References:n the boxes above are for,ereoer's use only art do not i rnit the applicability of this document to any particular loan or item. Any item above containing" ""has been omitted due to text length Imitations, Borrower: H&0 Partnership(TN: 42-1086740) Lender: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION 1849 Brown Deer Rd 2355 Landon Rd CoraMlie.IA 52241 PO hoe 800 North Liberty.IA 52317 (319)339-1000 Principal Amount: $183,538.09 Interest Rate: 4.250% Date of Note: March 31,2017 PROMISE TO PAY. H &G Partnership("Borrower")promises to pay to UNIVERSITY OF IOWA COMMUNITY CREDIT UNION("Lender'), or order,in lawful money of the United States of America,the principal amount of One Hundred Eighty-three Thousand Five Hundred Thirty-eight& 09/100 Dollars($183,538.09),together with interest on the unpaid principal balance from March 31,2017,calculated as described in the 'INTEREST CALCULATION METHOD"paragraph using an interest rate of 4.250%per annum,until paid in full. The interest rate may change under the terms and conditions of the"INTEREST AFTER DEFAULT"section. PAYMENT. Borrower will pay this loan In 59 regular payments of 51,053.00 each and one irregular fast payment estimated at$158,124.91. Borrower's first payment is due May 15,2017,and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on April 15,2022,and will be for an principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law,payments will be applied first to any accrued unpaid Interest;then to principal; then to any unpaid collection costs:and then to any lab charges. Borrower will pay Lender at Lender's address shown above or at such other piece as lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 365/365 simple interest basis;that is,by applying the ratio of the interest rate over the number of days In a year(365 for all years,including leap years),multipied by the outstanding principal balance,multipeed by the actual number of days the principal balance Is outstanding. All Interest payable raider this Note is computed using this method. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not,unless agreed to by Lender in writing,relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather. early payments will reduce the principal balance due and may result In Borrowers making fewer payments. Borrower agrees not to send Lender payments marked"paid in full", "without recourse",or similar language. tf Borrower sends such a payment,Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts,including any check or other payment Instrument that Indicates that the payment constitutes "payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,2355 Landon Road North Liberty,IA 52317. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000%of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default,including failure to pay upon final maturity,the total sum due under this Note will continue to accrae interest at the interest rate under this Note. DEFAULT. Each of the following shall constitute an event of default('Event of Default")under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower lads to comply with or to perform any other term,obligation,covenant or condition contained in this Note or In any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit,security agreement,purchase or sates agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the retitled documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution or termination of Borrower's existence as a going business or the death of any partner,the insolvency of Borrower,the appointment of a receiver for any part of Borrower's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,serf-help, repossession or any other method,by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shall riot apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,In Its sob discretion,as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or any general partner dies or becomes incompetent Change In Ownership. The resignation or expulsion of any general partner with an ownership interest of twenty-five percent(25%)or more in Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condltion,or Lender believes the prospect of payment or. performance of this Note is impaired. r r" Insecurity. Lender in good faith believes itself insecure. Cr') Cure Provisions. If any default,other than a default in payment,is curable and if Borrower has not been given a notice of a breach of the--4 same provision of this Note within the preceding twelve(12)months,it may be cured If Borrower,after Lender sends written notice to. Borrower demanding cure of such default: (1) cures the default within fifteen(15)days;or (2) if the cure requires more than fifteen(15)`- days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default end thereafter'" continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. • LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest_'? immediately due,and then Borrower will pay that amount. ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pap .) Lender that amount. This Includes.subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal expenses,whether or° not there is a lawsuit,including without limitation all attorneys'fees and legal expenses for bankruptcy proceedings(including efforts to modify._. or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition—_1 to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Stab of Iowa. CHOICE OF VENUE. If there is a lawsuit,Borrower agrees upon Lenders request to submit to the jurisdiction of the courts of Johnson County, State of Iowa. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by an shares and deposits in an joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender,to the extent permitted by applicable law,to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security Interest Borrower has given in Borrower's shares and deposits. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE Loan No:- (Continued) Page 2 COLLATERAL Borrower acknowledges this Note Is secured by Mortgages and Assignments of Rents dated October 31,2014 located at 715 E Burlington St&731 E Burlington St,Iowa City,IA 52240. PURPOSE OF LOAN. The specific purpose of this loan Is: Cash out refinance on rental properties located at 715 E Burlington St&731 E Burlington St,Iowa City. FINANCIAL REPORTING REQUIREMENTS.Borrower and guarantor agree to provide lender with a copy of their federal income tax returns annually within 60 days of the date they were to be filed. Guarantor agrees to provide lender with updated personal financial statement annually.. TEXT MESSAGING AND MOBILE ALERTS.By providing a mobile phone number to the UICCU,you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number.You are also consenting to receive alerts via text messages.Text message fees may apply.Text messages may be transmitted automatically.. CROSS-COLLATERALJZATION; CROSS-DEFAULT. The security interests provided by Borrower to Lender in the Collateral secures for the exclusive benefit of Lender:(a)the full and prompt payments of the Note when due,whether by acceleration or otherwise;(b)the full and prompt payment and performance of any and all obligations of Borrower under the Related Documents(as defined In the Assignment and Security Agreement of even date herewith),and all other agreements,documents.or instruments now or hereafter executed in connection with the Note or Related Documents;and(c)any and all other Indebtedness,however incurred.which may now or hereafter become due and owing from Borrower to Lender,however and whatever incurred or evidenced,whether expressed or Implied,direct or indirect,absolute or contingent, or due or to become due,and all renewals,modifications,consolidations,and extensions thereof. Borrower agrees that any default under the Note, Related Documents, or any other agreement between Borrower and Lender shall constitute a default under this Note, the Related Documents,and all other agreements between Lender and Borrower. Further,Borrower agrees that any default by Borrower under any and all notes,Related Documents or any other agreement between Borrower and Lender shall be an Event of Default under this Note. SUCCESSOR INTERESTS. The terms of this Note shall be bindng upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and its.. esors and assigns. GENERAL PROVISIONS. ff any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change in the terms of this Note.and uNess otherwise expressly stated in writing,no party who signs this Note.whether as maker,guarantor,accommodation maker or endorser.shall be released from Lability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan or release any party,partner,or guarantor or collateral;or knpair,fail to realize upon or perfect Lerder+s security interest in the collateral: and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE.BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: H&G PARTNE IP e amen, artner of H S G Partnership WerTVI H.rf ran.[mr aw iri+er.wu„om,X, w,y,s hone. orrtunonfc M�llS M i .4 l C'7 (_s) ;fir CDrr —.. • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT BK: 5298 PG: 668 Recorded: 10/31/2014 at 2:40:24.267 PM Fee Amount: E57.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Exhibit 2 FOR RECORDER'S USE ONLY Prepared By: Jennifer Kelso,Commercial Services, UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,2355 Landon Rd. North Liberty, IA 52317, (319)339-1000 RECORDATION REQUESTED BY: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd,North Liberty, IA 52317 WHEN RECORDED MAIL TO: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd. North Liberty, IA 52317 MORTGAGE NOTICE: This Mortgage secures credit in the amount of$140,000.00. Loans and advances up to this amount, together with interest, are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens. The names of all Grantors (sometimes "Grantor")can be found on page 1 of this Mortgage. The names of all Grantees (sometimes "Lender") can be found on page 1 of this Mortgage. The property address can be found on page 1 of this Mortgage. The legal description can be found on page 1 of this Mortgage. THIS MORTGAGE dated October 31, 2014,is made and executed between H &G Partnership, an Iowa General Partnership, (referred to below as "Grantor") and UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, whose address is 2366 Landon Rd, North Liberty, IA 52317 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender and grants to Lender a security interest in all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; rents and profits; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property")located in Johnson County, State of Iowa: Commencing at a point 16 feet east of the northwest corner of the east half of Out Lot 28 In Iowa City, Iowa, according to the recorded plat thereof; thence east 40 feet; thence south 110 feet; thence west 40 feet;thence north 110 feet to the place of beginning. The Real Property or Its address is commonly known as 715 E Burlington St, Iowa City, IA 52240. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all absent ana"' future leases of the Property and all Rents from the Property. In addition, Grantor grants tbi3ender Uniform Commercial Code security interest in the Personal Property and Rents. The lien od'tlsa,renic..1 granted in this Mortgage shall be effective from the date of the Mortgage and not just in tl event default. — — FUTURE ADVANCES. In addition to the Note, this Mortgage secures all future advance bi Lender to Grantor whether or not the advances are made pursuant to a commitment. 9Aee►ficaIIyi : without limitation, this Mortgage secures, in addition to the amounts specified in the Nott;.:4,*utur3 amounts Lender in its discretion may loan to Grantor, together with all interest thereon; holier, in no• event shall such future advances(excluding interest) exceed in the aggregate $140,000.00. -- THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 2 DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: None of the collateral for the Indebtedness constitutes, and none of the funds represented by the Indebtedness will be used to purchase: (1) Agricultural products or property used for an agricultural purpose as defined in Iowa Code Section 535.13; (2) Agricultural land as defined in Iowa Code Section 9H1 (2) or 175.2 (1); or (3) Property used for an agricultural purpose as defined in Iowa Code Section 570.A.1 (2). Grantor represents and warrants that: (1) There are not now and will not be any wells situated on the Property; (2) There are not now and will not be any solid waste disposal sites on the Property; (3) There are not now and there will not be any hazardous wastes on the Property; (4) There are not now and there will not be any underground storage tanks on the Property. Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without..., limitingthegenerality of the foregoing, Grantor will not remove, orgrant to anyother-party ""'9 9. r-party ths•� right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, grail or roc products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements frgjtje Re I Property without Lender's prior written consent. As a condition to the remo 4 t ann Improvements, Lender may require Grantor to make arrangements satisfactory to Lender n{r.riplace such Improvements with Improvements of at least equal value. t r- ,f j Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon The Read Property at all reasonable times to attend to Lender's interests and to inspect the Real PCOperty f1 purposes of Grantor's compliance with the terms and conditions of this Mortgage. E-FILED 2022 OCT 31 9:49 AM JOHNSON•CLERK OF DISTRICT COURT MORTGAGE {Continued) Page 3 Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three(3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the•Real Property. However, this option shall not be exercised by Lander if such exercise is prohibited by federal law or by Iowa law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15)days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurmice with""' standard extended coverage endorsements on a replacement basis for the full msurpblai valuf3 covering all Improvements on the Real Property in an amount sufficient to avoid applicafDn:gf coinsurance clause, and with a standard mortgagee clause in favor of Lender. Granto capali, als to procure and maintain comprehensive general liability insurance in such coverage amount Lender...-. may request with Lender being named as additional insureds in such liability insurancccies. Additionally, Grantor shall maintain such other insurance, including but not limited to kraaard`2 business interruption and boiler insurance as Lender may require. Policies shall be writt4n'0,Sucl'r' insurance companies and in such form as may be reasonably acceptable to Lender. Grerrter'shalff w7 deliver to Lender certificates of coverage from each insurer containing a stipulation thnsoverage" • will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice tc---, Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 4 Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan, Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage,then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may(but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor, All such expenses will become a part of the Indebtedness and, at Lender's option, will (Al be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender, and (c) the liens granted hereby are not the type of lien referred to in Chapter 575 of the Iowa Code Supplement, as now enacted or hereafter modified, amended or replaced. Grantor, for itself and all persons claiming by,, through or under Grantor, agrees that it claims no lien or right to a lien of the type contemplated by^ Chapter 575 or any other chapter of the Code of Iowa and further waives all notices rand right pursuant to said law with respect to the liens hereby granted, and represents and warrantq::tlisf it i the sole party entitled to do so and agrees to indemnify, defend, and hold harmless Lender iron any—t loss, damage, and costs, including reasonable attorneys' fees, threatened or suffered 4)3't'ndaL.,) arising either directly or indirectly as a result of any claim of the applicability of said law to.tise;,liens""` hereby granted. Defense of Title. Subject to the exception in the paragraph above, Grantor warrant ;ani will= forever defend the title to the Property against the lawful claims of all persons. In thegvar2 and action or proceeding is commenced that questions Grantor's title or the interest of Leiner undet' this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominl • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 5 party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances,and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (11 pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested bye Lender to perfect and continue Lender's security interest in the Rents and Personal Pregiarty. Ili`" addition to recording this Mortgage in the real property records, Lender may, at anykirfie an without further authorization from Grantor, file executed counterparts, copies or reprodttions o this Mortgage as a financing statement. Grantor shall reimburse Lender for all expensesdrpo'ed ie_o perfecting or continuing this security interest. Upon default, Grantor shall not removgt{sever or.-. detach the Personal Property from the Property. Upon default, Grantor shall assemble an, Personal Property not affixed to the Property in a manner and at a place reasonably convenient:to'Gtantriq and Lender and make it available to Lender within three (3) days after receipt of written'marrdf'• from Lender to the extent permitted by applicable law. i.) . Fixture Filing. From the date of its recording, this Mortgage shall be effective as•aJfinancing- statement filed as a fixture filing with respect to the Personal Property and for this purpose, t+F�e • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 6 name and address of the debtor is the name and address of Grantor as set forth on the first page of this Mortgage and the name and address of the secured party is the name and address of Lender as set forth on the first page of this Mortgage. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,execute and deliver, or will cause to be made, executed or delivered,to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reflled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering,filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness, including without limitation all future advances, when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to ,in full 'r-"a force and effect(including failure of any collateral document to create a valid and perfectedIseccurity C interest or lien) at any time and for any reason. t—y Death or Insolvency. The dissolution or termination of Grantor's existence as a going buBihess or co the death of any partner, the insolvency of Grantor, the appointment of a receiver for arii,tpert of"-- Grantor's property, any assignment for the benefit of creditors,any type of creditor workout,Ur-the commencement of any proceeding under any bankruptcy or insolvency laws by or against GraEkor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture prootedIitgs,R3 whether by judicial proceeding, self-help, repossession or any other method, by any cfuditor of" Grantor or by any governmental agency against any property securing the Indebtedness. This— includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender c_3 • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 7 However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under,any Guaranty of the indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes Itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve(12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen 115) days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving all required notices of default and after passage of any grace period,to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay without notice,except as may be expressly required by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights end remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid,and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness, The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a stantiaZ amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest irraf1.er; part of the Property. C 3_ Nonjudicial Foreclosure. Lender may exercise the right to non-judicial foreclosure pursuartrltb fpwa Code Section 654.18 and Chapter 655A as now enacted or hereafter modified, at-9c .ed op-0 } replaced. --.,, Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgmetttf6i'an deficiency remaining in the Indebtedness due to Lender after application of all amount 'received from the exercise of the rights provided in this section. r , Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. This paragraph is subject to any E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 8 rights of Grantor, under Iowa law, to remain in possession of the Property during a redemption period. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Shortened Redemption. Grantor hereby agrees that, in the event of foreclosure of this Mortgage, Lender may, at Lender's sole option, elect to reduce the period of redemption pursuant to Iowa Code Sections 628.26, 628.27, or 628.28, or any other Iowa Code Section, to such time as may be then applicable and provided by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change Its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's currant address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire'.,; understanding and agreement of the parties as to the matters set forth in this Morge. Nfa; alteration of or amendment to this Mortgage shall be effective unless given in writing and-si8ned bey the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shy furnish to Lender, upon request, a certified statement of net operating income receivescffom the,- Property during Grantor's previous fiscal year in such form and detail as Lender shall req#ife "Net operating income" shall mean all cash receipts from the Property less all cash expendititesrm]ade,j�1' connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes ori'ty and a fi • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 9 not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the State of Iowa. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Johnson County, State of Iowa. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be Illegal, invalid,or unenforceable as to any circumstance,that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the Property and waives all rights of exemption as to any of the Property. If a Grantor is not an owner of the Property,that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving such rights. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means H & G Partnership and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous-., Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation anP Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal lave rules, 6,„ regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set,fo5tta.ln th Mortgage in the events of default section of this Mortgage. -- Grantor. The word "Grantor" means H &G Partnership. •;- ir1 11"3 9 a t CD E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 10 Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest and late fees, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Mortgage,together with all interest thereon. Lender. The word "Lender" means UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2014, in the original principal amount of$140,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits,and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE:AND ALA'' OTHER DOCUMENTS RELATING TO THIS DEBT. -•-4 GRANTOR: H&G PARTNERSHIP aD ^ ., BY: 1�•✓ " f"4\ rv. M T.Hamer, eneral� Partner of H&G Partnership i•'• "" CD • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 11 PARTNERSHIP ACKNOWLEDGMENT STATE OF Iowa ) SS COUNTY OFfts el- ) This record was acknowledged before me on O lOCr ' ( , 20 Ii4 by Mark T. Harper,General Partner of H &G Partnership. P uZT v d r e tate of `0 L JENNIFER (En My c mission expires Mal ' 6 >�c«�s�«Nw,oerna6,z alb LASER PRO Lending, Ver. 14.2.0.021 Copr. D+H USA Corporation 1997, 2014. All Rights Reserved. -IA L:\CFIILPL\G03.FC TR-2555 PR-1 r... C3 '.`"`' rn - , . - iN 5 .. f�, Page 1 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSQN-5995 (Ci DISTRICT COURT Recorded: 10/31/2014 at 2:45:05.613 PM Fee Amount:$57.00 Revenue Tax: Kim Painter RECORDER Johnson County,Iowa Exhibit 3 FOR RECORDER'S USE ONLY Prepared By: Jennifer Kelso, Commercial Services, UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty, IA 52317,(319)339-1000 RECORDATION REQUESTED BY: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty, IA 52317 WHEN RECORDED MAIL TO: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty, IA 52317 MORTGAGE NOTICE: This Mortgage secures credit in the amount of S140,000.00. Loans and advances up to this amount, together with interest, are senior to Indebtedness to other creditors under subsequently recorded or flied mortgages and liens. The names of all Grantors(sometimes "Grantor'; ca^ be fou^d on page 1 of t^is Mortgage. Tho^ames o` ell Grantees Isometimes "Lender") can he found on page ' of th a Mortgage. The property address car be found on page 1 of this Mortgage. The legal descriptinc can be 'curd on page 1 of this Mortgage THIS MORTGAGE dated October 31, 2014, is made and executed between H& G Partnership.an lows General Partnership, (referred to below as "Grantor') and UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, whose address is 2355 Landon Rd,North Liberty. IA 52317(referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration. Grantor mortgages and conveys to Lender and grants to Lerner a security interest in all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements end fixtures; rents and profits; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or Ir'gation rights';; and all other rghts, royalties, and profits relating to the real property, including wit^out limitation all minerals,ci. gas. geothermal and similar matters, (the "Real Property')located in Johnson County. State of Iowa: Commencing at a point 64.69 feet west of the northeast corner of Out Lot 28 in Iowa City. Iowa, according to the recordod plat thereof; thence south 110 feet, thence west 40 feet, thence north 110 feet, thence east 40 feat to the place of beginning. The Real Property or Its address is commonly known as 731 E Burlington St, Iowa City,IA 52240. Grantor presently assigns to Le-der a,: of Grantor's right, title, end interest in and to all present and future leases of the Property and al; Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property end Rents. The lien on ttt rents granted in th's Mortgage shall be effective from the date of the Mortgage and riot Just in the eyenrpf C default. FUTURE ADVANCES. Ir addition to the Note, this Mortgage secures all future advances r€id by C„) Lender to Grantor whether or not the advances are made pursuant to a commitment. Speci'lFally, without limitation, this Mortgage secures, in addition to the amounts specified in the Note, ell-ltlture amounts Lender In its discretion may loan to Grantor, together with all interest thereon; how,a ,i fimo event shall such future advancess(excluding interest)exceed in the aggregate S 140,000.00. CD -i- THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST 1N THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS...... AND ,Bi PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATEDC Page 2 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 2 DOCUMENTS, AND THiS MORTGAGE. THiS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except es otherwise provided in this Mortgage, Grantor shall pay to .ender al amourts secured by this Mortgage as they become due and shall strictly perform all of Grantor's eel gations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property that: be governed by the following provisions: None of the collateral for the Indebtedness constitutes, and none of the funds reoresented by the Indebtedness will be used to purchase: (1) Agricultural products or property used for an agricultural purpose as defined In Iowa Coda Section 535.13: (2) Agricultural and as defined in Iowa Code Section 9111 (2) or 175.2(1);or (3) Property used for an agricultural purpose as defined In Iowa Code Section 570.A.1 (2). Grantor represents and warrants that: (1) Thera are not now end will not be any wells situated on the Property; (2) There are not now and will not be any solid waste disposal sites on the Property; (3) There are not now and there will not be any hazardous wastes on the Property; (4) There are not now and there will not be any underground storage tanks on the Property. Possession and Use. Until the occurrence of en Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use. operate or manage the Property;end (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in terantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the pe'od of Grantor's ownersrip of the Property, there hes been no use, generation, manufacture, storage, treatment, disposal, release or threatened release cf any Hazardous Substance by any person or, under, scout or from the Property; (2) Grantor has no knowledge of, or reason to believe that there ryes been, except as previously disclosed to and acknowledged by Lender in writing, ±a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatered release of any Hazardous Substa'co on, ,:nder. about or from the Property by any prior owners or occupants of the Property, or (et are, actual or threatened litigation or claims of any kind by any person relating to such matte's. and 13) Except as previously disclosed to and acknowledged by Lander n writing, (a) neither Grantor nor any tenant, contractor,agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance or., under, about o• from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, et Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lander shall be for Lender's purposes only and shall not be construed to crests any responsibility or liability on the part of Lender to Grantor or to any other parse". The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases end waives any future claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, end expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor, The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shell not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals(including oil and peal, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real `++ Property without Lender's prior written consent, As a condition to the removal of any r,"'`„ Improvements, Lender may require Grantor to make arrangements satisfactory to Lender td')replece t such Improvements with Improvements of at leest equal va ue. Cee Lender's Right to Enter. Lender and Lender's agents and representatives may enter uporfi ieefeeal Property at all reasonable times to attend to _ender's interests and to inspect the Real Preeeetyr for,..,,, purposes of Grantor's compliance with the terms and conditions of this Mortgage. I"r( - s'-1 Y. +: INO Page 3of11 • E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 3 Compliance with Governmental Requirements. Grantor shall promptly comply with all laws. ordinances, end regulations,now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such taw, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long as,in Lender's sole opinion,Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, In addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option, declare Immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any pert of the Real Property, or any Interest In the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;whether voluntary or involuntary; whether by outright sale,deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13)years, lease-option contract, or by sale, assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property,or by any other method of conveyance of en interest in the Reel Property. However, this option shall root be exercised by Lender if such exercise is prohibited by federal low or by Iowa law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency! all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified In the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15)days after the lien arises or,if a lien is flied,within fifteen(15) days after Grantor has notice of the filing, secure the discharge of the lien,or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any coats and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Constriction. Grantor shall notify Lender at least fifteen (15! days before any work is commenced, any services we furnished, or any materials are supplied to the Property, if any mechanic's lien, materielrnen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property ere a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements or the Real Property in en amount sufficient to avoid application of any„ coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor all also; procure and maintain comprehensive general liability insurance in such coverage amounts.44srider may request with Lender being named as additional insureds in such liability insurano"s"pbiibiee<-•) Additionally, Grantor shall maintain such other insurance, including but not limited to ftafard,`••%1 business interruption end boiler insurance as Lender may require. Policies shall be writtis tiV'eucfC.J insurance companies and in such form as may be reasonably acceptable to Lender. Grarear:shalt-- deliver to Lender certificates of coverage from each insurer containing a stipulation th@r:'oiverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written-AP*. to.? j., Lender and not containing any disclaimerof the insurer's ![ability for failure to give s'!►ch...jlnticq;,,•,r ; !9 Page 4 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 4 Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the Property. Lander may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance end apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shell repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest,and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value;and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (Al be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy;or 121 the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender, and lc) the liens granted hereby are not the type of lien referred to in Chapter 575 of the Iowa Code Supplement, as now enacted or hereafter modified, amended or replaced. Grantor, for itself and all persons claiming by, through or under Grantor, agrees that it claims no lien or right to a lien of the type contemplated by Chapter 575 or any other chapter of the Code of Iowa end further waives ell notices and rights pursuant to said law with respect to the liens hereby granted, and represents and warrants that it is 2 the sole party entitled to do ao and agrees to indemnify,defend,and hold harmless Lender rFim any H loss, damage, and costs. Including reasonable attorneys' fees, threatened or suffered b �:;{.finder arising either directly or Indirectly as a result of any claim of the applicability of said law to�i`eiigns C.) hereby granted. C") C�) Defense of Title. Subject to the exception in the paragraph above, Grantor warranta-j will — forever defend the title to the Property against the lawful claims of all persona. In the miceetiiny action or proceeding is commenced that questions Grantor's title or the interest of Lander Itklder= s this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be thgnal'" N Page 5 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 5 party in such proceeding, but Lender shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of Lender's own choke,and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lander may request from time to time to permit such participation. Compianoe With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances,and regulations of governmental authorities. Survival of Representations and Warranties. All representations,warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Prooeedngs. If any proceeding In condemnation Is filed, Grantor shag promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lander shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation es may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any pert of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that ell or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, end attorneys' fees incurred by Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges aro a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with ell expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shell constitute taxes to which this section applies: (i) a specific tax upon this type of Mortgage or upon all or any pert of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; end (41 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement we a part of this Mortgage: Security Agreement. This instrument shalt constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage in the reel property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, seater or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Il aonal '"'"' Property not affixed to the Property in a manner and at a place reasonably convenient toMiiiiiittir c9 and Lender and make it available to Lender within three (3) days after receipt of written ilettiend __N "' from Lender to the extent permitted by applicable law. r-) • Fixture Ring. From the date of its recording, this Mortgage shall be effective as a finirricing statement filed as a fixture filing with respect to the Personal Property and for this pur �the Page 6 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 6 name and address of the debtor is the name and address of Grantor as sot forth on the first page of this Mortgage end the name and address of the secured party is the name and address of Lender as set forth on the first page of this Mortgage. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Codel are es stated on the first page of this Mortgage. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,execute and deliver,or will cause to be made, executed or delivered,to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded. refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering,filing, recording, and doing aN other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness, Including without limitation all future advances, when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor falls to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lander by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Detective Collateralzatlon. This Mortg age or any of the Related Documents ceases to be-in full force and effect(including failure of any collateral document to create a valid end perfecte curity interest or lien)at any time and for any reason. C? Death or lnsoivency. The dissolution or termination of Grantor's existence as a going bu}si9ess or --i the death of any partner, the insolvency of Grantor, the appointment of a receiver for any Arf of W "" Grantor's property, any assignment for the benefit of creditors, arty type of creditor workouti�rthe commencement of any proceeding under any bankruptcy or insolvency laws by or against Za` r. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture procOe 1 gs, whether by judicial proceeding, self-help, repossession or any other method, by any c7,adlt6r of CV �•s Grantor or by any governmental agency against any property securing the Indebtednest. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. Page 7 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON - CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 7 However, this Event of Default shell not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and depos'ts with Lender monies or a surety bond for the creditor or forfeiture proceeding, it an amount determined by Lender, in its sole discretion,as bei^g an adequate reserve or bond for the dispute. Breech of Other Agreement. Any breach by Grantor under the terms of any otne• agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any irdebtedness or other obligation o` Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the prececing events occurs w'th respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default,other than a default in payment is curable and If Grantor has rot been given a notice of a breach of the same provision of this Mortgage within the preceding twelve ;•7 months, it may be cured if Grantor, after Lender sends written notice to Grantor demendirg cure of such default: I1) cures the default within fifteen (15) days; or (2) if the cure requires more than, fifteen (15) days, immediately initiates steps which Lender deems n Lender's sole r,iscretior to be sufficient to cure the default and thereafter continues and completes all reasonaole and necessary steps sufficient to produce compliance es soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender. at .ender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shell nave the right at Its option, after giving all required notices of default and after passage of any grace period,to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay without notice. except as may be expressly required by applicable law. UCC Remedies. Wit^ respect to all or any part of the Personal Property, Lend,- shall have all the rights and remedies of a secures party under the Uniform Commercial Code. Collect Rents. Lender shalt have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid,and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably designates Lender as Grantor's attorney-in fact to endorse instruments received in payment thereof in the neme of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or riot any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pert of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indectedness by a substantial amount. Employment by Lender shall not disqualify a person from sere rig as a receiver. Judicial Foreclosure. Lender may obtain a judclal decree foreclosing Grantor's interest in all or any part o'the Property. Nonjudiclai Foreclosure. Lender may exercise the -fight to non1udiciat foreclosure pursuant to Iowa Code Section 654.18 and Chapter 665A as now enacted o• hereafter mod lied, amended or replaced. Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment—for any def'ciency remaining in the Indebtedness due to _ender after app(cation of all amountscabaived from the exercise of the rights provided in this section. C") Tenancy at Sufferance. If Grantor remains 'n possession of tie Property after the Properlyjs/oid �^-•1 as provided above or Lander otherwise becomes entitled for F possession of the Property upon.:defluft W �`°•--� c' Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Pf party and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Proper 12) • vacate the Property immediately upon the demand of Lender. ('his paragraph is subj > jany=^„ ry •• Page 8 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON - CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 8 rights of Grantor. ,order Iowa law, to remain in possession of the Property durirg a recemptioe period. Other Remedies. Lender shall have all other rights and reeled:as provided in this Mortgage or the Note or availab.e at law or in equity. Sale of the Property. To the extent permitted by applicab a law, Grantor hereby waives ary and all right to have the Property marshalled. in exercising its rights and remecies, Lender shall be free to sell all or ary part of the Property together or separately, In one sale or by separate se es. Lender shad be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and oleos of any puolic sale of the Personal Property or of the time after which any private sale or other i^tended disposition of the Personal Property is to be made. Reasonable notice shall mean not ce given at least tar (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made le conjunction with any sale of the Real Property. Shortened Redemption. Grantor hereby agrees (net, In the event of foreclosure of this Mortgage, Lender may. at Lender's sole option, elect to reduce the period of redemption pursuant to lo',va Code Sections 628.26, 628.27, or 628.28, or any other Iowa Code Section, to such time as may be then applicable and provided by law. Election of Remedies. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy and an election to make expenditures or to take action to perform an obligation of Grantor wider this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a defau- end exercise its remedies. Nothing under this Mortgage or otherwise shell be construed so as to limit or restrict the rights and remedies available to Lender following an Fvent of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and;br against any other co-maker,guarantor, surety or endorser and:or to proceed aga nst any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit o' action to enforce any of the terms of th a Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonab o as attorneys' tees at trial and upon any appeal. Whether or not arty court action is irvolvec, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation. however subject to any limits under applicable law, Lender's attorneys' fees and Lender's •egal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the coat of searching records. obtaining title reports (including foreclosure reports>, surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by lew. NOTICES. Any notice required to be given under this Mortgage, including without:imitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefecsimi'e lunless otherwise required by law), when deposeed with a nationally recognized overnight courier, or, it mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the hoider of any lien which has priority over this Mortgage shal be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless othe'wise provided or required by law, if there is more tean one Grantor, any notice given by Lender to any Grano'is ueemed to be notice given to all Grartors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. Thal Mortgage, together with any Related Documents, constitutes the entire ut'derstanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless giver in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. reei - Annual Reports. f the Property is used for purposes other than Grantor's residence, Grerer shall ti furnish to Lender, upon request, a certified statement of ret operating income received etiertr'the CZ) Property dueng Grantor's previous fiscal year in such for-n and detail as Lender shall requai: "Net c operating income" shall mean all cash receipts from the property less all cash expendeLre!etree in- • f connection with the operation of the Property W - C Caption Headings. Caption headings in this Mortgage we for convenience purposes onlytjrft8"ere - r"r 7 ( •' Page 9 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON - CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 9 "ot to be used to interpret or cefiee the prov sions of this Mortgage. Governing Law. This Mortgage will he governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of lows without regard to its conflicts of law provisions. This Mortgage has be-en accepter)by Lender in the State of Iowa. Choice of Venue. if there is a lawsuit, Grantor agrees uoon Lender's request to submit to the ,utiadiction of:he courts of Johnson County, State of Iowa. No Waiver by Lender. Lender shall not oe deemed to have waived any rights under this Mortgage onlesa such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver ey Lender of a provision of this Mortgage shall not prejudice o•constitute a waiver of Lender's right otherwise to demand strict compliance with that prov`.sion or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance snail rot constitute continuing consent to subseq..ent instances where such consent is required e^d in a:l cases such consent may be granted or withheld in the sole discretion of_ender. Severabillty. If a ucurt o' comoetent jurisdiction finds any provision of this Mortgage to be Illegal, invalid, or unenforceable as to any circumstance,that finding shall not make Me offending provision illegal, invalid. or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provsior cannot be so mod'fiod, it shall be considered deleted from this Mortgage. Unless otherwise recu'red by law, the illegality. invalidity, or unenforesabllity of any provision of this Mortgage shall not affect the egality, validity or enforceability of any other provision of this Mortgage. Merger. There snail be no merger of the interest or estate created by this Mortgage w th any other interest or estate in the Property at any time held by or for the benefit of Lender in any capecrty, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grartor's interest, this Mortgage shel be binding upon and inure to the benefit of the parties, their successors rv,d assigns. If ownership of the Property becomes vested in a person other then Grantor. Lender, witho,.t 'otice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or Iiablrity under tee Indebtedness. Time le of the Essence. Time is of the essence in tee performarce of this Mortgage. Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of cower, homestead and distributive share In and to the Property and waives all rights of exemption as to any of the Property. If a Grantor is not en owner of the Property, that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving such rights. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the Unted States of America. Words and terms used in the singular shall include the plural, and tre plural snail include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such tears in the Uniform Commercial Code: Borrower. The word "Borrower" means H & G Partrership end includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words 'Environmental Laws" mean any and all state, federal end local statutes, regulations end ordinances relating to the protection of human health or the environmert, including without limitation the Comprehensive Environmental Response, Compensation, end Liablity Act of 1980, es amended, 42 U.S.C. Section 9601, et seq. i'CERCLA'I, the Superfurd Amendments and Reauthorization Act of 1986. Pub. L No. 99-499 !"SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Nr".' Recovery Act, 42 U.S.C. Section 6901, at seq., or other epplicab a state or federal laws, laiLsor regulations adopted pursuant thereto. .1 Event of Default. The words "Event of Default" mean any of the events of default set forcer this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor"means H&G Partnership. Pi 0 CD_0 .-. Page 10 of 11 E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 10 Guarantor. The word "Guarantor' means any guarantor, surety, or accommocatlon party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the g,.eranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to hurter health or the env ronrrent when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances. materials or waste as defined by or listed under the Ervironme'tai Laws. The term "Hazardous Substances" also 'ncludes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements' means all existing and future Improvements, buildings, structures, mobile homes affixed or the Real Property. fec,lities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedress" means all principal, interest and late 'ees, and other amounts, costs and expenses payab a under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses neurred oy Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amourts as provided i" this Mortgage. Specifically, without limitatior. Indebtedness 'ncludes the future advances set forth in the Future Advances provision of this Mortgage,together with all interest thereon. Lender. The word "Lender' means UNIVERSITY OF IOWA COMMUNITY CREDiT UNION, its successors and assigns. Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2014. in the original principal amount of$140,000.00 from Grantor to Lender, together with all renewals ot. extensions c', modifications of, refinancings of,consolidations of, and sucstitutions tar the promissory note or agreement. Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to: all replacements of. end all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any safe or other disposition of the Property. Property. The word 'Property" means collectively the Real Property and tee Personal Property, Reel Property. The words "Real Property" mean the real property. interests and rights, as further described it this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes. credit agreements, loan agreements, environmental agreements. guaranties, security agreements, mortgages. deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indeoredness Rents. —he word "Rents" means all present and future rents, revenues, income, issues, royalties. profits. and ether cerrefits derrvec from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT, GRANTOR: C) t H&G PARTNERSHIP By c',) .. Mark . Hamer,Gen r Partner of H &G Partnership .;(-" f. "t Pape 11 of 11 • E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT MORTGAGE (Continued) Peps 11 PARTNERSHIP ACKNOWLEDGMENT STATE OF I DM 5b t rt I ss COUNTY OF I T^is •ocord wa r '.s ac. Iecged beto'e me cn 06101eitk 31 , 20 K-} by Mark T. Hamer, General Partner of H&G Partnership. 1 Note u for the s of kVA (dole JENNIFER KEL50 May 2(-1 71� ti �i I(C:.r+'*•NNI Nurt'KELSoor 661? My c mission expires �lfL�►/ Mr`p nzros LASER PRO Lending, Ver, 14.2.0.021 Copr. D+H USA Corporation 1997, 2014, Al. Rights Reserved. -IA L:CFI\LPL\G03,FC TR-2555 PR-1 r C ry fir' - ) C")—G w ---f C'7 1`ri ""y 6 zE f, A E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT BK: 5298 PG: 679 Recorded: 10/31/2014 at 2:40:28.97 PM Fee Amount: 537.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Exhibit 4 FOR RECORDER'S USE ONLY Prepared By: Jennifer Kelso,Commercial Services,UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,2355 Landon Rd,North Liberty, IA 52317, (319)339-1000 RECORDATION REQUESTED BY: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty,IA 52317 WHEN RECORDED MAIL TO: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2356 Landon Rd, North Liberty,IA 52317 ASSIGNMENT OF RENTS The names of all Grantors (sometimes "Grantor") can be found on page 1 of this Assignment. The names of all Grantees (sometimes "Lender') can be found on page 1 of this Assignment. The property address can be found on page 1 of this Assignment. The legal description can be found on page 1 of this Assignment. THIS ASSIGNMENT OF RENTS dated October 31, 2014, is made and executed between H & G Partnership, an Iowa General Partnership, (referred to below as "Grantor') and UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, whose address is 2355 Landon Rd, North Liberty, IA 52317 (referred to below as 'Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Johnson County,State of Iowa: Commencing at a point 16 feet east of the northwest corner of the east half of Out Lot 28 in Iowa City, Iowa, according to the recorded plat thereof; thence east 40 feet; thence south 110 feet; thence west 40 feet;thence north 110 feet to the place of beginning. The Property or its address is commonly known as 715 E Burlington St,Iowa City, IA 52240. FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor, together with ail interest thereon; however, in no event shall such future advances(excluding interest) exceed in the aggregate 8140,000.00. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL. OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and untfr..'ender "r exercises its right to collect the Rents as provided below and so long as there is no default ut(3er this Assignment, Grantor may remain in possession and control of and operate and manage the J5roperty4 and collect the Rents, provided that the granting of the right to collect the Rents shall not. .Q titutecl Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights Loans,'lcen, ° i.w r4) E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 2 encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender Is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor,all of the Rents;institute and carry on all legal proceedings necessary for the protection of the Property, Including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same In repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Iowa and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms end on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or In Grantor's name, to rent and manage the Property, including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely In the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things,and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender,in its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shell be payable on demand,with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment,the Note,and the Related Documents, Lender shell execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. NO OBLIGATION OF LENDER. The assignment and security interest granted in this Assignment shall not be deemed or construed to constitute Lender as a mortgagee or trustee In possession of the Property, to obligate Lender to lease the Property or to attempt to do so, or to take any action, incur any expense or perform or discharge any obligation,duty or liability whatsoever under any of the.leases or otherwise. C.) LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materity'affect t".t Lender's interest in the Property or if Grantor fails to comply with any provision of this Assi e{.alt n or "f any Related Documents,including but not limited to Grantor's failure to discharge or pay whedue'any(•.) amounts Grantor is required to discharge or pay under this Assignment or any Related D ents-- �' Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lent] 4fems,© appropriate, including but not limited to discharging or paying all taxes, liens, secuntf- rttefest ;tr f E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 3 encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: Payment Default. Grantor falls to make any payment when due under the Indebtedness. Other Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Any guarantor or Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Assignment or any of the Related Documents ceases to be In full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property Is lost, stolen, substantially damaged, sold, or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Ggarantor of"' any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or di U s thq validity of,or liability under, any Guaranty of the Indebtedness. L> —f ' Adverse Change. A material adverse change occurs In Grantor's financial condition,Co?'LendeP) believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. I ram, '7 Cure Provisions. If any default, other than a default in payment is curable and if Granter!has no been given a notice of a breach of the same provision of this Assignment within thelkrecedin twelve (12) months, it may be cured if Grantor, after Lender sends written notice tt'SGranto— demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure-- requires more than fifteen (15) days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 4 RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving all required notices of default and after passage of any grace period,to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay without notice,except as may be expressly required by applicable law. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents,including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds, Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Other Remedies. Lender shall have all other rights and remedies provided In this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. N : alteration of or amendment to this Assignment shall be effective unless given in writing d slgneQ,,' by the party or parties sought to be charged or bound by the alteration or amendment. - + Caption Headings. Caption headings in this Assignment are for convenience purposes oiily ad ar not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law applicable to Lender antic'to the"— extent not preempted by federal law,the laws of the State of Iowa without regard to Its ptir 'rats of-, y I law provisions. This Assignment has been accepted by Lender in the State of Iowa. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to su ly-to th9J jurisdiction of the courts of Johnson County, State of Iowa. Merger. There shall be no merger of the interest or estate created by this assignment with anq— other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment In the singular shall be deemed to have been used in the plural where the Kellie Fruehling From: Kellie Fruehling Sent: Monday, October 31, 2022 12:28 PM To: Sue Dulek Subject: RE: Service Packet - EQCV083856 - H&G Partnership Attachments: 3668_001.pdf Filed copy attached. c',a I SWA CITY A UNESCO CITY OF LITERATURE Rellie rFrue61inr., CMC City Clerk office:319-356-5041 410 E Washington St,Iowa City, IA 52240 WWW ICGOV.ORG O 00 From:Sue Dulek<SDulek@iowa-city.org> Sent: Monday, October 31, 2022 12:14 PM To: 'Alison Manning' <alisonmanning@greenstate.org>; Kellie Fruehling<KTuttle@iowa-city.org> Subject: RE: Service Packet- EQCV083856- H&G Partnership Alison: Attached please find the Acceptance of Service for the City of Iowa City. Sue Susan Dulek Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax sue-dulek(c),iowa-city.org Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet,the City Attorney's Office cannot assure that such messages are secure.You should be careful in transmitting information to the City Attorney's Office that you consider confidential.If you are uncomfortable with such risks,you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication,the City Attorney's Office will assume you assent to such communication.This message is covered by the Electronic Communication Privacy Act,18 U.S.C.Sections 2510-2515,is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege.It should not be forwarded to anyone else without consultation with the originating attorney.If you received this message and are not the addressee,you have received this message in error.Please notify the person sending the message and destroy your copy. Thank you. 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, ) ) Plaintiff, ) NO. EQCV083856 ) vs. ) ) ACCEPTANCE OF SERVICE ) H & G PARTNERSHIP, ET AL., ) ) Defendants. ) I, Kellie K. Fruehling,hereby accept service on behalf of the City of Iowa City of the Original Notice and Petition in Equity filed in the above-captioned matter. II ) 2-2— Kellie K. Fruehling Date City Clerk-City of Iowa City 410 E. Washington St. Iowa City, IA 52240 ti c, c_) - —t . . C,3 :.,,. Q lL7 E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, Plaintiff, CASE NO: EQCV083856 V. H & G PARTNERSHIP; IOWA CITY;SDZ INVESTMENTS, LLC; QUAD FOUR, L.L.C.; ORIGINAL NOTICE MARK T HAMER; MARSHA K HAMER; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 715 E Burlington St and 731 E Burlington St, Iowa City, IA 52240, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action. This County utilizes the Electronic Document Management System. You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice.The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, Iowa 52317.That attorney's telephone number is 319-248-7164; facsimile number 319-665- 2197. You must serve a motion or answer within 30 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 X1105. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS, E-FILED 2022 OCT 31 10:02 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083856 County Johnson Case Title GREENSTATE CREDIT UNION V. H&G PARTNERSHIP ET AL You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.Iowa.govldoes/ACO/CourtRuksChaptcr•'I6.pdj Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourselfiprotect-personal-informations. Scheduled Heanng: If you need assistance to participate in court due to a disability,call the disability access coordinator at(319)398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information,see \ wc.iowacourtsgov/for-the-public/ada . Disability access coordinators cannot provide legal advice. Date Issued 10/31/2022 10:02:26 AM �4. r r' ► • W 1 e _ District Clerk of Court or/by Clerk's Designee of Johnson County Is!Christine Roselund E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION, Plaintiff, CASE NO: EQCV083856 V. H & G PARTNERSHIP; IOWA CITY;SDZ INVESTMENTS, LLC; QUAD FOUR, LL.C.; PETITION IN EQUITY MARK T HAMER; MARSHA K HAMER; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 715 E Burlington St and 731 E Burlington St, Iowa City, IA 52240, Defendants. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (or THREE MONTHS if the petition includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. COMES NOW, the Plaintiff GreenState Credit Union, by and through its attorney, Christopher E. Pech, and for its Petition in Equity, states as follows: 1. Plaintiff GreenState Credit Union is a credit union lawfully doing business with its, principal place of business in North Liberty,Johnson County, Iowa. -,, , . �a P E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT 2. Defendant H &G Partnership is an unincorporated Iowa General Partnership consisting of the partners Mark Hamer and John Gnagy with its principal place of business in Johnson County, Iowa. 3. As shown by the Warranty Deed dated August 20, 1985, and filed September 12, 1985 in Book 798, Page 173 of the Johnson county Recorder's Office, H &G Partnership,took title to the real property legally described as: Commencing at a point 16 feet east of the northwest corner of east half of Out Lot 28 in Iowa City,Iowa,according to the recorded plat thereof;thence east 40 feet;thence south 110 feet;thence west 40 feet;thence north 110 feet to the place of beginning. and locally known as 715 E Burlington St, Iowa City, IA 52240 (the "Property#1"). 4. As shown by the Warranty Deed dated November 8, 1993,and filed December 14, 1992 in Book 1672, Page 275 of the Johnson County Recorder's Office, H & G Partnership, took title to the real property legally described as: Commencing at point 64.69 feet west of the northeast corning of Out Lot 28 in Iowa City, Iowa, according to the recorded plat thereof; thence south 110 feet,thence west 40 feet,thence north 110 feet,thence east 40 feet to the place of beginning. and locally known as 731 E Burlington St, Iowa City, IA 52240 (the "Property#2"). 5. Property#1 and Property#2 are collectively referred to herein as the "Real Property." 6. On or about March 31, 2017, Defendant H &G Partnership executed and delivered certain Promissory Notes in favor of the Plaintiff. Said Promissory Notes were executed on March 31, 2017, a copy of which is attached hereto and incorporated herein, marked Exhibit "1".The Promissory Note is in the principal sum of One Hundred Eighty-Three Thousand Five Hundred Thirty Eight Dollars and Nine Cents($183,538.09). Interest accrues on the unpaid principal balance at the rate of 4.250% per annum. The Note provides for payment of monthly installments of principal and interest, with full balance due on April 15, 2022. 7.To secure the Promissory Note Defendant H &G Partnership on or about October 31, 2014, made, executed and delivered to Plaintiff a written Mortgage creating first and prior lien' - on the real estate described therein, a copy of which is attached hereto and incorporated • herein, marked Exhibit"2".The Mortgage covers Property#1 and is dated October 31, iii14 and was duly filed for record on October 31, 2014 in Book 5298, Page 668 of the Records of the E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT Johnson County Recorder. Said Mortgage secures the principal balance and future advances up to$140,000.00. AND To secure the Promissory Note Defendant H & G Partnership on or about October 31, 2014, made, executed and delivered to Plaintiff a written Mortgage creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit"3". The Mortgage covers Property#2 and is dated October 31, 2014 and was duly filed for record on October 31, 2014 in Book 5298, Page 686 of the Records of the Johnson County Recorder. Said Mortgage secures the principal balance and future advances up to $140,000.00. 8. To further secure the Mortgage on Property#1 Defendant H &G Partnership on or about October 31, 2014, made, executed and delivered to Plaintiff an Assignment of Rents dated October 31, 2014 and was duly filed for record on October 31, 2014 in Book 5298, Page 679 of the Records of the Johnson County Recorder, a copy of which is attached hereto and incorporated herein, marked Exhibit"4". Said Assignment of Rents secures the principal balance and future advances up to $140,000.00 AND To further secure the Mortgage on Property#2 Defendant H & G Partnership on or about October 31, 2014, made,executed and delivered to Plaintiff an Assignment of Rents dated October 31, 2014, and was duly filed for record on October 31, 2014 in Book 5298, Page 697 of the Records of the Johnson County Recorder, a copy of which is attached hereto and incorporated herein, marked Exhibit "5". Said Assignment of Rents secures the principal balance and future advances up to$140,000.00. 9. The Mortgages and Assignment of Rents provide that a receiver may be appointment in the event of default.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 peMency of this matter and that all rents and profits derived therefrom said Real Property be coffncted and applied by the receiver toward the satisfaction of Plaintiff's judgment. E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT 10. On March 31, 2017, Defendant Quad Four, L.L.C. provided Plaintiff a Commercial Guaranty guaranteeing the obligations of H & G Partnership under the Promissory Note, a copy of which is attached hereto and incorporated herein, marked Exhibit "6". 11. On March 31, 2017, Defendant Mark T Hamer provided Plaintiff a Commercial Guaranty guaranteeing the obligations of H & G Partnership under the Promissory Note, a copy of which is attached hereto and incorporated herein, marked Exhibit "7". 12. On March 31, 2017, Defendant Marsha K Hamer provided Plaintiff a Commercial Guaranty guaranteeing the obligations of H & G Partnership under the Promissory Note, a copy of which is attached hereto and incorporated herein, marked Exhibit "8". 13. Defendant H & G Partnership is now delinquent in the payments on said Note and Mortgages. 14. Iowa City is added as a Defendant as a result of the Judgment entered against H & G Partnership in Johnson County Case No. ICCISC101778.The Judgment was entered on May 18, 2022, and is a lien upon property owned by H &G Partnership. Iowa City may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 15. Defendant SDZ Investments, LLC is added as Defendant as a result of a junior mortgage from H & G Partnership to SDZ Investments, LLC dated February 5, 2018 and filed for record on December 18, 2018 in Book 5864, Page 590 of the Records of the Johnson County Recorder. SDZ Investments, LLC may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 16. 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 in the property which is the subject of this action, t any such interest of such defendants would be junior and inferior to that of Plaintiff. c= 17. Plaintiff has elected, pursuant to the terms of the Promissory Note and Mortgages to accelerate the time of payment under the Promissory Note and has therefore declared-the entire indebtedness immediately due and payable under the Note. E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT 18. On April 18, 2022 Plaintiff gave notice of acceleration and demand for payment of the accelerated balance with an Iowa Mortgage Mediation Notice and more than fifteen (15) days has passed since the notice was given. A copy of the Demand is attached as Exhibit "9" and is hereby incorporated by reference. 19. The Mortgages provide in the event of default, suit,and foreclosure that Plaintiffs attorneys'fees, courts costs and expenses shall be paid by mortgagors. 20.The Mortgages provide in the event of default that Plaintiff may procure a continuation of the abstract,obtain insurance for the property, pay taxes on the property, pay assessments, and add such amounts to the Mortgage debt.These amounts become a part of the Mortgage indebtedness and are secured by the Mortgages. 21. Plaintiff is the owner and holder of said Promissory Note and Mortgages. Plaintiff has demanded payment and payment has been refused. 22. In accordance with the provisions of said Promissory Note and Mortgages, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 23. Said Mortgages provide that if default shall be made in the payment of said Promissory Note or any part of the interest thereon,the Mortgages may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgages. 24. Plaintiff DOES NOT waive its rights to a deficiency judgment in this matter and requests deficiency judgment against H & G Partnership; Quad Four, L.L.C.; Mark T. Hamer; and Marsha K. Hamer. 25.The Real Property is not: a) the homestead of any defendant; b)agricultural land as defined in Iowa Code §9H; c) agricultural property as defined in Iowa Code § 6541A.1; d) used for an agricultural purpose as defined in Iowa Code § 535.13; ore) used for farming as' fined in Iowa Code § 175.2. - �? 26.After crediting the amounts paid on said Promissory Note secured by said Mortgages,there is now due and owing Plaintiff on the Note in the total amount of -- $152,530.25 as follows: E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT A. An unpaid principal balance on the Promissory Note, as of October 13, 2022, of $152,034.58; and B. Interest as provided in the Promissory Note through October 13, 2022, in the amount of$495.67, with interest continuing to accrue from October 14, 2022,at the daily rate of$17.70265. 27. All Defendants named in this action have or claim to have some lien upon or interest in the Real Property. The interests or rights of all Defendants in at to the Real Property are subordinate and junior to Plaintiff's Mortgages and as such are all subject to extinguishment by foreclosure. WHEREFORE, Plaintiff prays for judgment in rem against the Real Property and in personam against Defendants H & G Partnership, Quad Four, L.L.C., Mark T Hamer, and Marsha K Hamer in the amount of$152,530.25 together with interest at the rate of$17.70265 per day from October 14, 2022, plus any advancements,from and after the date of filing of this petition, plus all reasonable attorney's fees,taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgages be established as priority liens against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgages be foreclosed and all claims, rights, title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, and that the right, title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment, together with interest, cost, and accruing costs, to satisfy the judgment to be entered herein. That upon said sale under special execution, the right, title, lien or interest of the Defendants in and to the Real Property be forever cut off, barred and foreclosed and the purchaser at the Sheriff's sale shall be awarded a Sheriff's Deed free and clear of any right, title, lien or interest of the Defendants to the Real Property. '171 E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT PLAINTIFF FURTHER PRAYS that in the event Defendant H &G Partnership files a demand for delay of sale herein, the execution sale be delayed for a period of not more than two months from the entry of judgment in the event the mortgaged real estate is not its residence, and for a period of not more than six months from the entry of judgment in the event the mortgage Real Property is its residence. Plaintiff retains full right to any deficiency judgment against Defendants which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the mortgaged premises. PLAINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for taxes or insurance upon the above described real estate, Plaintiff be given an additional lien against the real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon application a receiver be appointed immediately to take care of, manage, lease and collect rents from the Real Property, and to apply the same in payment 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 PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. s Christopher E. Pech AT 06178 GREENSTATE CREDIT UN ON PO Box 800 2355 Landon Road North Liberty, IA 52317 christopherpech@greenstate.org 319-248-7164 GENERAL COUNSEL-CONSUMER CREDIT a for GreenState _z r .i CD E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT Exhibit 1 PROMISSORY NOTE ; e¢lFi$8te Maturity I Loan No t con Account t ICer (dlttaE� . . :. . .. ...: lot #-15-2022 .' •-RealPrcv r; xs i �` aa�w"eeee;?S., :>: References in the boxes above are for Lender's use only aro do not Grant the applicability of this document to any particular loan or item. Any item above containing°""""has been omitted due to text length limitations. Borrower H&0 Partnership(TIN: 42-1086740) Lender: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION 1849 Brown Deer Rd 2355 Landon Rd CoraMlle.IA 62241 PO Box 800 North Liberty,IA 52317 (319)339-1000 Principal Amount: $183,538.09 Interest Rate: 4.250% Date of Note: March 31,2017 PROMISE TO PAY. H &G Partnership("Borrower") promises to pay to UNIVERSITY Of IOWA COMMUNITY CREDIT UNION("Lender"), or order,In lawful money of the United States of America,the principal amount of One Hundred Eighty-three Thousand Five Hundred Thirty-eight& 09/100 Dollars ($183,538.09),together with interest on the unpaid principal balance from March 31,2017,calculated es described in the "INTEREST CALCULATION METHOD"paragraph using an interest rate of 4.250%per annum,until paid in full. The interest rate may change under the terms and conditions of the"INTEREST AFTER DEFAULT"section. PAYMENT. Borrower will pay this loan In 59 regular payments of 51,053.00 each and one Irregular last payment estimated at 5158,124.91. Borrower's first payment is due May 15,2017,and all subsequent payments are due on the same day of each month after that Borrower's final payment will be due on April IS,2022,and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law,payments will be applied first to any accrued unpaid'merest;then to principal; then to any unpaid collection costs:and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651365 simple interest basis;that is,by applying the ratio of the interest rate over the number of days in a year(365 for all years,including leap years),multiplied by the outstanding principal balance,multiplied by the actual number of days the principal balance Is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not unless agreed to by Lender in writing,relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked"paid in full", "without recourse',or similar language. If Borrower sends such a payment,Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes "payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be malted or delivered to: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,2355 Landon Road North Liberty,IA 52317. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000%of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default including failure to pay upon final maturity,the total sum due under this Note will continue to accrue interest at the interest rate under this Note. DEFAULT. Each of the following shall constitute an event of default('Event of Default")under this Note: Payment Default Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained in this Note or In any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Thud Parties. Borrower or any Grantor defaults under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrowers ability to repay this Note or perform Borrower's obligations under this Note or arty of the related documents. False Statements, Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution or termination of Borrower's existence as a going business or the death of any partner,the Insolvency of Borrower,the appointment of a receiver for'any part of Borrower's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by Judicial proceeding,self-help. repossession or arty other method,by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or arty general partner dies or becomes incompetent. Change In Ownership. The resignation or expulsion of any general partner with en ownership interest of twenty-five percent(25%)or more in Borrower. rice Adverse Change. A material adverse change occurs in Borrower's financial condition,or Lender believes the prospect of payment oveee performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions, If any default,other than a default in payment,is suable end if Borrower has not been given a notice of a breach of the--4 same provision of this Note within the preceding twelve(12)months,it may be cured If Borrower,after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen(15)days:or (2) if the cure requires more than fifteen(15)• days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter•" ' continues and completes all reasonable and necessary steps sufficient to produce oomptance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid intereet_j immediately due,and then Borrower will pay that amount. ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pa") Lender that amount. This Includes,subject to arty limits under applicable law,Lenders attorneys'fees and Lender's legal expenses,whether or•' not there is a lawsuit,including without limitation all attorneys'fees and legal expenses for bankruptcy proceedings(including efforts to modify._ or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition—, to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lander in the State of Iowa. CHOICE OF VENUE. If there is a lawsuit,Borrower agrees upon Lenders request to submit to the Jurisdiction of the courts of Johnson County, State of Iowa. STATUTORY UEN. Borrower agrees that all loan advances under this Note are secured by ap shares and deposits in all joint and Individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender,to the extent permitted by applicable law,to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal taw if given as security are not subject to the security interest Borrower has given In Borrower's shares and deposits. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE Loan No:- (Continued) Page 2 COLLATERAL Borrower acknowledges this Note is secured by Mortgages and Assignments of Rents dated October 31,2014 located at 715 E Burlington St&731 E Burlington St,Iowa City,IA 52240. PURPOSE OF LOAN. The specific purpose of this ban Is: Cash out refinance on rental properties located at 715 E Burlington St&731 E Burlington St,Iowa City. FINANCIAL REPORTING REQUIREMENTS.Borrower and guarantor agree to provide lender with a copy of their federal income tax returns annually within 60 days of the date they were to be filed. Guarantor agrees to provide lender with updated personal financial statement annually.. TEXT MESSAGING AND MOBILE ALERTS.By providing a mobile phone number to the UICCU,you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number.You are also consenting to receive alerts via text messages.Text message fees may apply.Text messages may be transmitted automatically.. CROSS-COLLATERALIZATION; CROSS-DEFAULT. The security interests provided by Borrower to Lender in the Collateral secures for the exclusive benefit of Lender.(a)the full and prompt payments of the Note when due,whether by acceleration or otherwise;(b)the full and prompt payment and performance of any and all obligations of Borrower under the Related Documents(as defined In the Assignment and Security Agreement of even date herewith),and at other agreements,documents,or instruments now or hereafter executed in connection with the Note or Related Documents;and(c)any and at other Indebtedness,however incurred,which may now or hereafter become due and owing from Borrower to Lender,however and whatever incurred or evidenced,whether expressed or Implied,direct or indirect,absolute or contingent, or due or to become due,and all renewals.modifications,consolidations,and extensions thereof. Borrower agrees that any default under the Note, Related Documents, or any other agreement between Borrower and Lender shall constitute a default under this Note, the Related Documents,and all other agreements between Lender and Borrower. Further,Borrower agrees that any default by Borrower under any and all notes,Related Documents or any other agreement between Borrower and Lender shal be an Event of Default under this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shag inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by taw,waive presentment,demand for payment,and notice of dishonor. Upon any change In the terms of this Note,and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser.shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this ban or release any party,partner,or guarantor or collateral;or Impair,fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than the party with whom the modification is made. The obllgetIons under this Note are joint and several. PR:OR TO SIGNING THIS NOTE.BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY Of THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER: H&G PARTNE IP r ByMark.- . Hamer, Partner of H & G Partnership 1 ail Con ti«,J%.c,q .,.nor,m„ u•ir........ .,•-.r„i tt 3, r•^.J rV -.< C-) r-,-/ ? I) • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT BK: 5298 PG: 668 Recorded: 10/31/2014 at 2:40:24.267 PM Fee Amount: $57.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Exhibit 2 FOR RECORDER'S USE ONLY Prepared By: Jennifer Kelso,Commercial Services, UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd. North Liberty, IA 52317,(319)339-1000 RECORDATION REQUESTED BY: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd,North Liberty, IA 52317 WHEN RECORDED MAIL TO: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd. North Liberty, IA 52317 MORTGAGE NOTICE: This Mortgage secures credit in the amount of$140,000.00, Loans and advances up to this amount, together with interest, are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens. The names of all Grantors (sometimes "Grantor") can be found on page 1 of this Mortgage. The names of all Grantees (sometimes "Lender") can be found on page 1 of this Mortgage. The property address can be found on page 1 of this Mortgage, The legal description can be found on page 1 of this Mortgage. THIS MORTGAGE dated October 31, 2014,is made and executed between H &G Partnership, an Iowa General Partnership, (referred to below as "Grantor")and UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, whose address is 2355 Landon Rd, North Liberty, IA 52317 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender and grants to Lender a security interest in all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; rents and profits; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals,oil, gas, geothermal and similar matters, (the "Real Property")located in Johnson County, State of Iowa: Commencing at a point 16 feet east of the northwest corner of the east half of Out Lot 28 In Iowa City, Iowa, according to the recorded plat thereof; thence east 40 feet; thence south 110 feet; thence west 40 feet:thence north 110 feet to the place of beginning. The Real Property or Its address is commonly known as 715 E Burlington St, Iowa City, IA 52240. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all ptaent an8"' future leases of the Property and all Rents from the Property. In addition, Grantor grants T''ender Uniform Commercial Code security interest in the Personal Property and Rents. The lien odtha4renta_1 granted in this Mortgage shall be effective from the date of the Mortgage and not just in tlLreoevent q& default. ,_" FUTURE ADVANCES. In addition to the Note, this Mortgage secures all future advancel$' Sde b+yt) 1 + °; Lender to Grantor whether or not the advances are made pursuant to a commitment. Speeificall} t without limitation, this Mortgage secures, in addition to the amounts specified in the Note;,..at(tutur amounts Lender in its discretion may loan to Grantor, together with all interest thereon; hovItyer, in no• event shall such future advances(excluding interest) exceed in the aggregate 8140,000.00. --" THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 2 DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: None of the collateral for the Indebtedness constitutes, and none of the funds represented by the Indebtedness will be used to purchase: (1) Agricultural products or property used for an agricultural purpose as defined in Iowa Code Section 535.13; (2) Agricultural land as defined in Iowa Code Section 9H1 (2) or 175.2 (1); or (3) Property used for an agricultural purpose as defined in Iowa Code Section 570.A.1 (2). Grantor represents and warrants that: (1) There are not now and will not be any wells situated on the Property; (2) There are not now and will not be any solid waste disposal sites on the Property; (3) There are not now and there will not be any hazardous wastes on the Property; (4) There are not now and there will not be any underground storage tanks on the Property. Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property,there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without, limitingthegenerality of the foregoing, Grantor will not remove, orgrant to anyother—party `"''9 9. the•�� right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gra1rgl or roc products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements frgat tAe Re I Property without Lender's prior written consent. As a condition to the removal;At ar Improvements, Lender may require Grantor to make arrangements satisfactory to Lender'nx.place such Improvements with Improvements of at least equal value. - - Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon The Read Property at all reasonable times to attend to Lender's interests and to inspect the Real P'bperty fb' purposes of Grantor's compliance with the terms and conditions of this Mortgage. • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE (Continued) Page 3 Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or Interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Iowa law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified In the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest In the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shell within fifteen (16)days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurrrjce wltii"' standard extended coverage endorsements on a replacement basis for the full rnsurpb1Q`valuR covering all Improvements on the Real Property in an amount sufficient to avoid applicaft'onf any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor,vial)•also procure and maintain comprehensive general liability insurance in such coverage amount eLender_._ may request with Lender being named as additional insureds in such liability insurance4e4icies. Additionally, Grantor shall maintain such other insurance, including but not limited to`itazardZp. business interruption and boiler insurance as Lender may require. Policies shall be writt KEtY,'§uch" insurance companies and in such form as may be reasonably acceptable to Lender. Grarrtei halS\) deliver to Lender certificates of coverage from each insurer containing a stipulation thn,00verage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice tq--., Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 5 context and construction so require. (2) If more than one person signs this Assignment as 'Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender, Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or,if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there Is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender, Severabirty. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension wkhout releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share In and to the Property and waives all rights of exemption as to any of the Property. If a Grantor is not en owner of the Property, that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving such rights. by DEFINITIONS. The following capitalized words and terms shall have the following meanings when used r in this Assignment. Unless specifically stated to the contrary, all references to dollar amoiwt's shall mean amounts in lawful money of the United States of America. Words and terms used in thfr5gular 0 shall include the plural, and the plural shall include the singular, as the context may require. WtYfde-And—► terms not otherwise defined in this Assignment shall have the meanings attributed to such twin its she C,J Uniform Commercial Code: —•{C : Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIZN 4 NT—t7 OF RENTS may be amended or modified from time to time,together with all exhibits and Coles-'- attached to this ASSIGNMENT OF RENTS from time to time. • N Borrower. The word "Borrower" means H &G Partnership. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 6 Default. The word "Default" means the Default set forth in this Assignment In the section titled "Default". Event of Default. The words"Event of Default' mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word "Grantor" means H&G Partnership. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest and late fees, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without limitation, Indebtedness Includes the future advances set forth In the Future Advances provision of this Assignment,together with all interest thereon. Lender. The word "Lender" means UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, its successors and assigns. Mortgage. The word "Mortgage" means this ASSIGNMENT OF RENTS between Grantor and Lender. Note. The word 'Note" means the promissory note dated October 31, 2014, In the original principal amount of 8140,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Property. The word "Property" means all of Grantor's right, title and interest In and to all the Property as described in the "Assignment"section of this Assignment. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, Issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, Including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON OCTOBER 31,2014. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS ASSIGNMENT OF RENTS AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: H&G PARTNERSHIP M T.Hamer, neral Partner of H &G Partnership C'� C) • —t r CA) E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 7 PARTNERSHIP ACKNOWLEDGMENT STATE OF �tiva 6it� ) SS COUNTY OF / I ' This record was acknowledged before me on QC ti eY 31 , 20 by Mark T. Hamer,General Partner of H&G Partnership. ER KELSO Notary r e ate of /0 0' �Lf�MJY sacsENMF 1tEl 7 tZ� My c mission expires M Q}-} 1-42.O/40 LASER PRO Lending, Ver. 14.2.0.021 Copr. D+H USA Corporation 1997, 2014. All Rights Reserved. -IA L:\CFI\LPLIG14.FC TR-2555 PR-1 C'r r a - : co rr--1 r t.".r`4 "'Y7 r , E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT BK: 5298 PG: 697 Recorded: 10/31/2014 at 2:45:09.947 PM Fee Amount: 537.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Exhibit 5 FOR RECORDER'S USE ONLY Prepared By: Jennifer Kelso,Commercial Services, UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty, IA 52317, (319) 339-1000 RECORDATION REQUESTED BY: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty,IA 52317 WHEN RECORDED MAIL TO: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, 2355 Landon Rd, North Liberty,IA 52317 ASSIGNMENT OF RENTS The names of all Grantors (sometimes "Grantor") can be found on page 1 of this Assignment. The names of all Grantees (sometimes "Lender") can be found on page 1 of this Assignment. The property address can be found on page 1 of this Assignment. The legal description can be found on page 1 of this Assignment. THIS ASSIGNMENT OF RENTS dated October 31, 2014, is made and executed between H & G Partnership, an Iowa General Partnership, (referred to below as "Grantor") and UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, whose address is 2356 Landon Rd,North Liberty, IA 52317(referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Johnson County, State of Iowa: Commencing at a point 64.69 feet west of the northeast corner of Out Lot 28 in Iowa City, Iowa, according to the recorded plat thereof; thence south 110 feet, thence west 40 feet, thence north 110 feet,thence east 40 feet to the place of beginning. The Property or its address is commonly known as 731 E Burlington St, Iowa City,IA 52240. FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor,together with all interest thereon; however, in no event shall such future advances(excluding interest) exceed in the aggregate $140,000.00. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they becprne due,,:`'',, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and ur 1'.Iregderp exercises its right to collect the Rents as provided below and so long as there is no default er-thisC") Assignment, Grantor may remain In possession and control of and operate and manage the PrBpprty""f and collect the Rents, provided that the granting of the right to collect the Rents shall not atitituteCO Lender's consent to the use of cash collateral in a bankruptcy proceeding. --1;; GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: f,i '17 Ownership. Grantor Is entitled to receive the Rents free and clear of all rights loaat ns,K E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 2 encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same In repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Iowa and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lander may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment,the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. NO OBLIGATION OF LENDER. The assignment and security interest granted in this Assignment she( not be deemed or construed to constitute Lender as a mortgagee or trustee in posses en of they''., Property, to obligate Lender to lease the Property or to attempt to do so, or to take any aoctoe„inc r any expense or perform or discharge any obligation, duty or liability whatsoever under any o }7ie-leas) or otherwise. C) LENDER'S EXPENDITURES. If any action or proceeding is commenced that would matait ly--affeet— Lender's interest in the Property or if Grantor fails to comply with any provision of this Assign-trent or any Related Documents, including but not limited to Grantor's failure to discharge or pay wbenrdue aria_' amounts Grantor is required to discharge or pay under this Assignment or any Related ObZZi lent, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lei f 6r'2feer iti , appropriate, including but not limited to discharging or paying all taxes, liens, securit?interesi , E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 3 encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (g) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (11 the term of any applicable Insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Any guarantor or Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collaterallzation. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor o any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. ' Adverse Change. A material adverse change occurs in Grantor's financial conditionlnrnd i*5' believes the prospect of payment or performance of the Indebtedness is impaired. C)". r Insecurity. Lender in good faith believes itself insecure. -f C") -- W Cure Provisions. If any default, other than a default in payment is curable and if Granter r qs nott7 rrl been given a notice of a breach of the same provision of this Assignment within thaiifaCeding f.....W twelve (12) months, it may be cured if Grantor, after Lender sends written notice to-fiGiantpff ,a 45� demanding cure of such default: (1) cures the default within fifteen (15) days; or (2)',:l the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender s sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 4 RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving all required notices of default and after passage of any grace period, to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay without notice, except as may be expressly required by applicable law. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of, law provisions. This Assignment has been accepted by Lender in the State of Iowa. e=.' Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to sutiilh..tp the jurisdiction of the courts of Johnson County, State of Iowa. "} C') Merger. There shall be no merger of the interest or estate created by this assignmerlt-y4l an r� • other interest or estate in the Property at any time held by or for the benefit of LenU,r(.ip any— capacity, without the written consent of Lender. ..<r- _17 a i Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then-erord8]r used In this Assignment in the singular shall be deemed to have been used in the plurawe • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 5 context and construction so require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested In a parson other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the Property and waives all rights of exemption as to any of the Property. If a Grantor is not an owner of the Property, that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving such rights. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terra in the r,1 Uniform Commercial Code: C_ Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNi 1 NT OF RENTS may be amended or modified from time to time,together with all exhibits and schedules to attached to this ASSIGNMENT OF RENTS from time to time. — -r r Borrower. The word 'Borrower" means H &G Partnership. • fr'I -�Jt, NJ • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 6 Default. The word 'Default" means the Default set forth in this Assignment in the section titled "Default". Event of Default. The words "Event of Default" mean any of the events of default set forth In this Assignment in the default section of this Assignment. Grantor. The word "Grantor" means H &G Partnership. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness, The word "Indebtedness" means all principal, interest and late fees, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Assignment,together with all interest thereon. Lender. The word "Lender" means UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, its successors and assigns. Mortgage. The word "Mortgage" means this ASSIGNMENT OF RENTS between Grantor and Lender. Note. The word "Note" means the promissory note dated October 31, 2014, in the original principal amount of 8140,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantor's present end future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, Including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER. HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON OCTOBER 31, 2014. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS ASSIGNMENT OF RENTS AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: H &G PARTNERSHIP c= By: Cy� G.4 r,..} C Ma k T. Hamer, eneral Partner of H&G Partnership • -- C") r- --a 1 +M N E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS (Continued) Page 7 PARTNERSHIP ACKNOWLEDGMENT STATE OF DCA.0 1 I SS COUNTY OF 1 l)V' `Ill/l 1 This record was acknowledged before me on O(&. 31 , 20 14.j by Mark T. Hamer,General Partner of H &G Partnership. JENNIFERKE 77�86t2 ra!for the State of (1� .,,.irt Commisswn NWn4 E% // My c./. mission expires___5 LASER PRO Lending, Ver. 14.2.0.021 Copr. D+H USA Corporation 1997, 2014. All Rights Reserved. - IA L:\CFI\LPL\G14.FC TR-2555 PR-1 rya C* r,....f CD ..,-Cj CD e CD .L'i --1 :, c-)-'< t..) r-rt-1 w3 — t E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT Exhibit 6 COMMERCIAL GUARANTY Borrower: H&G Partnership(TIN: 42-1086740) Lender. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION 1849 Brown Deer Rd 2355 Landon Rd Coralville,IA 52241 PO Box 800 North liberty,IA 52317 (319)339-1000 Guarantor: Quad Four,L.L.C.(TIN: 56-2369773) 1849 Brown Deer Rd Coralvifle,IA 52241 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender,and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection,so Lander can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order,on demand,In legal tender of the United States of America.In same-day funds,without set-off or deduction or counterclaim,and will otherwse perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness'as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times,accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law,attorneys'fees, arising from any and all debts,liabilities and obligations of every nature or form,now existing or hereafter arising or acquired,that Borrower individually or collectively or interchangeably with others,owes or will owe Lender."Indebtedness"includes,without limitation,loans.advances. debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower, and any present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify,refinance,consolidate or substitute these debts, Iiabaities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration:absolute or contingent;liquidated or untiquidated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety: seared or unsecured:joint or several or joint and several; evidenced by a negotiable or non-negotiable Instrument or writing;originated by Lender or another or others;barred or unenforceable against Borrower for any reason whatsoever,for any transactions that may be voidable for any reason (such as Infancy. Insanity, ultra vines or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative. This Guaranty shall not(unless specifically provided below to the contrary)affect or Invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A'CONTINUING GUARANTY'UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower,and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and at of Guarantor's other obligations under this Guaranty shell have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender,by certified mall,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term 'new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, untiquidated, undetermined or not due end which later becomes absolute, liquidated,determined or due. For this purpose and without limitation, "new Indebtedness"does not include all or part of the Indebtedness that Is: Incurred by Borrower prior to revocation;Incurred under a commitment that became binding before revocation;any renewals,extensions,substitutions,and modification of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity,regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated It and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness,even to zero dollars(50.00),shall not constitute a termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs,successors and assigns so long as any of the indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars(50.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof,without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower,to lease equipment or other goods to Borrower. or otherwise to extend additional credit to Borrower; (B) to alter,compromise,renew,extend,accelerate.or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fall or decide not to perfect,and release any such security,with or without the substitution of new collateral; (0) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties. endorsers,or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such securIty and direct the order or manner of sale thereof,including without limitation,airy nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in Its discretion may determine; (G) to sea.transfer,assign or grant participations in all or any part of the Indebtedness;and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty Is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do riot result In a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lander,sell, lease, assign,encumber,hypothecate. transfer, or otherwise dispose of all or substantially all of Guarantor's assets,or any interest therein; (F) upon Lenders request,Guarantor will provide to Lender financial and credit information in form acceptable to Lender,and all such financial Information which currently has been,and al future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred In Guarantor's financial condition since the date of the most rec¢tg financial statements provided to Lender and no event hes occurred which may materially adversely affect Guarantor's financial,gndltion; jq,6 no litigation,claim,investigation,administrative proceeding or similar action(including theee for unpaid taxes)against Guarantt'pe{.rr�.,��e� pendlndbri' threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor.fak blist�edy : _ adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guararilb.eesttoy .. keep adequately infomed from such means of any facts,events,or circumstances which might In any way affect Guarantor's.MMks_uttotdeer Baia{ Guaranty,and Guarantor further agrees that,absent a request for information.Lender shall have no obligation to disclose to arantor airy information or documents acquired by Lender in the course of its relationship with Borrower. .-r"" W GUARANTOR'S WAIVERS. Except as prohibited by applicable law,Guarantor waives any right to require Lender (A) to continuer lending money or to extend other credit to Borrower; (B) to make any presentment,protest,demand,or notice of any kind,inncluding nnFA'oe of an ( nonpayment of the Indebtedness or of any nonpayment related to any collateral,or notice of any action or rionaction on the part of"tiprrow � ( Lender,any surety,endorser,or other guarantor in connection with the Indebtedness or in connection with the creation of ngw'aadditio { bane or obligations; (C) to resort for payment or to proceed directly or at once against any person,including Borrower or any b$ ran §. -_'"' (D) to proceed directly against or exhaust any collateral held by Lender from Borrower.any other guarantor,or any other persehe icl to otyy notice of the terms,time,and place of any public Or private sale of personal property security held by Lender from Borrower or"to.comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G)'to commit arty act or omission of any kind,or at any time,with respect to any matter whatsoever. TV E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL GUARANTY Loan No: (Continued) Page 2 Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral Including,but not limited to,any rights or defenses arising by reason of (A) any"one action'or'anti-deficiency"law or any other law which may prevent Lender from bringing any action,including a claim for deficiency,against Guarantor,before or after Lender's convnencement or completion of any foreclosure action. either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement,including without limitation,any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; (C) any disability or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment in full in legal tender.of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced,there is outstanding Indebtedness which is not barred by any applicable statute of limitations;or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise,or by any third party,on the Indebtedness and thereafter Lander is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors,the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff. counterclaim,counter demand, recoupment or similar right,whether such claim,demand or right may be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WANERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of Its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,such waiver shall be effective only to the extent permitted by law or public policy. STATUTORY LIEN. Guarantor agrees that all Guarantor's obligations under this Guaranty are secured by al shares and deposits in all joint and individual accounts Guarantor has with Lender now and In the future. Guarantor authorizes Lender,to the extent permitted by applicable law,to hold these funds if there is a default and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Guarantor has given in Guarantor's shares and deposits. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created,shall be superior to arty claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever,to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower. through bankruptcy,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise,the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first appied by Lender to the Indebtedness. Guarantor does hereby assign to Lender ail claims which ft may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender is hereby authorized,in the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys'Fees;Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses,including Lender's attorneys'fees and Lender's legal expenses,incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs end expenses include Lender's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services. Guarantor also shall pay al court costs and such additional fees as may be directed by the court Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty Governing Law. This Guaranty will be governed by federal law apptcable to Lender and,to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. Choice of Venue. If there is a lawsuit,Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Johnson County,State of Iowa. knegration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty,the Guaranty fully reflects Guarantor's Intentions and parol evidence is not required to interpret the terms of this Guaranty Guarantor hereby indemnifies and holds Lender harmless from at losses, claims,damages,and costs(including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty in the singular shall be deemed to have been used In the plural where the context and construction so require;and where there is more than one Borrower named In this Guaranty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower and 'Guarantor respectively shall mean all and any one or more of them. The words'Guarantor,""Borrower,"and'Lender include the heirs,successors, assigns,and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest or the provisions of this Guaranty even If a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies.or similar entitles,it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Any notice required to be given under this Guaranty shall be given in writing,and,except for revocation notices by Guarantor, shall be effective when actually delivered,when actually received by telefacaimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or.if mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled'DURATION OF GUARANTY' Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties,specifying that the purpose of the notice is to.change the party's address. For notice purposes,Guarantor agrees to keep Lender informed at all dmesrAe Guarantor's current address. Unless otherwise provided or required by law,if there is more then one Guarantor,any notice l&ven by Le to any Guarantor is deemed to be notice given to all Guarantors. C7 No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in fvnjingg signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right,orony right- A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right othentifse•to demhi'fie strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dee5ng;t'e Lender and Guarantor,shall constitute a waiver of any of Lenders rights or of any of Guarantor's obligations as to any futuna►transactiog,,, Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instance shalMbt.cdnstitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or CvfHhheld in the sole discretion of Lender. Successors and Assigns. Subject to any limitations stated in this Guaranty on transfer of Guarantor's interest,this Gyaranty anal)Ga binding upon and inure to the benefit of the parties,their successors and assigns. r. I\) DEFINmONs. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unlessy specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and tam- used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not other-intact) defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL GUARANTY Loan No:- (Continued) Page 3 Borrower. The word "Borrower"means H & G Partnership and includes all co-signers and co-makers signing the Note and all their suer nsors and assigns. Guarantor. The word'Guarantor"means everyone signing this Guaranty.including without limitation Quad Four,L.L.C.,and in each case, any signer's successors and assigns. Guaranty. The word"Guaranty'means this guaranty from Guarantor to Lender. Indebtedness. The word"indebtedness"means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word'Lender"means UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,its successors and assigns. Note. The word"Note"means and Includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender.together with al renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ At.L THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SF.T FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MARCH 31,2017. GUARANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS COMMERCIAL GUARANTY AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GUARANTOR: QUAD FOUR.L _C. dark .t an er.Ma ger of Quad r ur,L .C. ry G r r Cjr•."r C"5 .✓" fV E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT Xhibit 7 COMMERCIAL GUARANTY t Borrower: H&G Partnership(TIN: 42-1086740) Lender. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION 1849 Brown Deer Rd 2355 Landon Rd Coralville,IA 52241 PO Box 800 North Liberty,IA 52317 (319)339.1000 Guarantor: Mark T.Hamer(SSN: 1432) 1849 Brown Deer Rd Coralville,IA 52241 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender,and the performance end discharge of an Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection,so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or Its order,on demand,in legal tender of the United States of America,In same-day funds,without set-off or deduction or counterclaim,and will otherwise perfurrn Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantors obligations are continuing. INDEBTEDNESS. The word indebtedness'as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times.accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law,attorneys'fees, arising from arty and all debts,liabilities and obligations of every nature or form,now existing or hereafter arising or acquired,that Borrower individually or collectively or interchangeably with others,owes or will owe Lender.'Indebtedness'includes,without limitation,loans,advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,end liabilities of Borrower. and any present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify.refinance,consolidate or substitute these debts, Ilebitties and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety;secured or unsecured;joint or several or joint and several:evidenced by a negotiable or non-negotiable instrument or writing;originated by Lender or another or others;barred or unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason (such as Infancy. Insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under at guaranties shall be cumulative, This Guaranty shall not(unless specifically provided below to the contrary)affect or Invalidate any such other guaranties Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THiS IS A'CONTINUING GUARANTY"UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBUGATIONS AND LIABIUTY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TiME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower,and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of revocation must be mailed to Lender,by certified mall,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated.determined or due. For this purpose and without limitation, "new Indebtedness"does not Include all or part of the Indebtedness that is: incurred by Borrower prior to revocation;incurred under a commitment that became binding before revocation;any renewals,extensions,substitutions,and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity,regardless of Lender's actual notice of Guarantors death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated It and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liabiliy of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of arty remaining Guarantors under this Guaranty. it is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness,even to zero dollars(S0.00),shall not constitute a termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs,successors and assigns so long as any of the indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars(S0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender,either before or after any revocation hereof,without notice or demand and without lessening Guarantors liability under this Guaranty,from lints to lime: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower: (B) to alter,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue.or deal with any one or more of Borrower's sureties. endorsers,or other guarantors on any terms or in arty manner Lender may choose; (E) to determine how, when and what application of payments and credits shell be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,including without(Imitation,any nonjuddal sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine; (G) to sell,transfer,assign or grant participations in all or any part of the Indebtedness;and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty; (B) this Guaranty Is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lender,sell, lease,assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets,or any Interest therein; (F) upon Lender's request.Guarantor will provide to Lender financial and credit information in form acceptable to Lender,and all such financial Information which currently has been,and al future financial information which wilt be provided to_ Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the finanrxJ"o, information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the-most recer>i financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (Fr'}" no litigation,claim,investigation,administrative proceeding or similar action(including those for unpaid taxes)against Guarantoris pleading c� threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor hge)steblisher, " adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. GuararrBoorr agrees to—I n " keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's rl¢ks ur4er th' Guaranty,and Guarantor further agrees that,absent a request for information,Lender shall have no obligation to disclose to Guarantor a information or documents acquired by Lender in the course of its relationship with Borrower. --i C'i l GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to eo[ttheIseetardlfl9 'lli money or to extend other credit to Borrower; (B) to make any presentment,protest,demand,or notice of any kind.including`nodecillof any,.. r 1 e nonpayment of the Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of B+orrowefi-"- Lender,any surety,endorser,or other guarantor in connection with the Indebtedness or in connection with the creation of new or.itddltarr1� loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,including Borrower or any Wirer guarantd&." (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person,-"(E) to giv notice of the semis,time,and place of any public or private sale of personal property security held by Lender from Borrower or to comply wj��T any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit a act or omission of any kind,or at any time,with respect to any matter whatsoever. • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL GUARANTY Loan No' (Continued) Page 2 Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including,but not flmlted to,any rights or defenses arising by reason of (A) any"one action"or"anti-deficiency"taw or any other taw whim may prevent Lender from bringing any action,Including a claim for deficiency,against Guarantor,before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of saki; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement,Including without limitation. any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; (C) any disability or other defense of Borrower,of any other guarantor,or of any other parson,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment in full in legal tender,of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced,there is outstanding Indebtedness which is not barred by any applicable statute of limitations;or (F) any defenses given to guarantors at law or in equity other than actual payment end performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise,or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim,counter demand, recoupment or similar right,whether such claim,demand or right may be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and riot contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,such waiver shall be effective only to the extent permitted by law or public policy. STATUTORY LIEN. Guarantor agrees that all Guarantor's obligations under this Guaranty are secured by all shares and deposits in all joint and individual accounts Guarantor has with Lender now and in the future. Guarantor authorizes Lender,to the extent permitted by applicable law,to hold these funds if there is a default and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law If given as security are not subject to the security interest Guarantor has given in Guarantor's shares and deposits. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness.whether now existing or hereafter created,shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever,to any claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy,by an assignment for the benefit of creditors,by voluntary lqudadon,or otherwise,the assets of Borrower applicable to the payment of the Calms of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which It may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender is hereby authorized,in the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty. NSCELLeNEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty. Amendments. Thor Guaranty,together with any Rotated Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys'Fees;Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses,including Lender's attorneys'fees and Lender's regal expenses,incurred in connection with the enforcement of this Guaranty. Lander may hire or pay someone else to help enforce this Guaranty, and Guarantor shell pay the costs and expenses of such enforcement Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court Caption Headings, Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. Choice of Venus. If there is a lawsuit,Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Johnson County,State of Iowa. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby Indemnifies and holds Lender harmless from all losses, claims,damages,and costs(including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty In the singular shall be deemed to have been used in the plural where the context and construction so require;and where there Is more than one Borrower named in this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower and "Guarantor' respectively shall mean all and any one or more of them. The words"Guarantor,"'Borrower,'and"Lender include the heirs,successors. assigns.and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced,that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced, Therefore,a court will enforce the rest of the provisions of this Guaranty even If a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entities,it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Any notice required to be given under this Guaranty shall be given in writing,and,except for revocation notices by Guarantor, shall be effectNe when actually delivered,when actually received by telefacsimile(unless otherwise required by taw),when deposited with a nationally recognized overnight courier,or,If mailed,when deposited in the United States mall,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled'DURATION OF GUARANTY." Any party may change Its address for notices under this Guaranty by giving formal written notice to the other parties,specifying that th purpose of the notice Is to change the party's address. For notice purposes,Guarantor agrees to keep Lender Informed ELeill times cfF-! Guarantor's current address. Unless otherwise provided or required by law,If there is more than one Guarantor,any notice ghree by Lender to any Guarantor is deemed to be notice given to all Guarantors. rCr�-D� No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given-fry/MIN ands ` s signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or Shy other ,•w right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwii§f;tordemantr.) strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of deelirg,,,gqgqtweee Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future'1rrnlsaeoons. Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instance shall not constitute... continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted fir withheld Imo? t ` the sale discretion of Lender. �•- ,.• Successors and Assigns. Subject to any limitations stated in this Guaranty on transfer of Guarantor's interest,this theGuaranty.-shas be" binding upon and inure to benefit of the parties,their successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unlesa specificalt""' stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and term used In the singular shall Include the plural,and the plural shal include the singular,as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms In the Uniform Commercial Code: E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL GUARANTY Loan No: (Continued) Page 3 Borrower. The word 'Borrower"means H & G Partnership and includes all co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word'Guarantor"means everyone signing this Guaranty,including without limitation Mark T.Hamer,and in each case, any signer's successors and assigns. Guaranty. The word"Guaranty means this guaranty from Guarantor to Lender. Indebtedness. The word'Indebtedness"means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word'Lender means UNIVERSITY'OF IOWA COMMUNITY CREDIT UNION,its successors and assigns, Note. The word"Note"means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender,together with al renewals of,extensions of.modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words'Related Documents" mean al promissory notes, credit agreements, loan agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION,EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED'DURATION OF GUARANTY'. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MARCH 31,2017. GUARANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS COMMERCIAL GUARANTY AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GUARANTOR: X Mark er ,r..V.MUM]Com o.«ma cr...r..,v.an+.unaw Nos. .a t.cmnem$c,a.crs w' CD C-i -73a , k • E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT Exhibit 8 COMMERCIAL GUARANTY Borrower H&G Partnership(TIN: 42-1088740) Lender. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION 1849 Brown Deer Rd 2355 Landon Rd Coratville,IA 52241 PO Box 800 North Liberty,IA 52317 (319)339-1000 Guarantor. Marsha K.Hamer(SSN: IMMII710) 1849 Brown Deer Rd Corahvilie,IA 52241 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual al payment and satisfaction of the Indebtedness of Borrower to Lender,and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection,so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order,on demand,in legal tender of the United States of America,in same-day funds,without set-off or deduction or counterclaim,and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word'Indebtedness"as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times,accrued unpaid Interest thereon and all collection costs and legal expenses related thereto permitted by law,attorneys'fees, arising from any and all debts,liabaities and obligations of every nature or form,now existing or hereafter arising or acquired,that Borrower individually or collectively or interchangeably with others,owes or will owe Lender.'Indebtedness"includes,without limitation,loans,advances. debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower, and any present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify,refinance,consolidate or substitute these debts, liabilities and obligations whether voluntarily or Involuntarily Incurred;due or to become due by their terms or acceleration:absolute or contingent:liquidated or unilquldated;determined or undetermined;direct or Indirect:primary or secondary in nature or arising from a guaranty or surety:secured or unsecured;joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing;originated by Lender or another or others;barred or unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason (such as Infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative. This Guaranty shall not(unless specifically provided below to the contrary)affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A'CONTINUING GUARANTY"UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTORS OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower,and will continue In full force until a1 the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender,by certified mat,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness'does not Include the Indebtedness which at the time of notice of revocation is contingent,untiquidated, undetermined or not due and which later becomes absolute,liquidated,determined or due. For this purpose and without limitation,'new Indebtedness'does not Include all or part of the Indebtedness that is:incurred by Borrower prior to revocation;incurred under a commitment that became binding before revocation;any renewals,extensions,substitutions,and modifications of the indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity,regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect Release of any other guarantor of termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifialty acknowledges and agrees that reductions in the amount of the indebtedness,even to zero dollars(S0.00),shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs,successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender,either before or after any revocation hereof,without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter,compromise.renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fall or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more of Borrowers sureties, endorsers,or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shad be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,including without limitation,any nonjudicial sale permitted Dy the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine; (G) to sell,transfer,assign or grant participations in all or any part of the Indebtedness,and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter Into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation of any law,regulation,court decree or order applicable to Guarantor, (E) Guarantor has not and will not,without^-+ the prior written consent of Lender, sell, lease, assign,encumber,hypothecate,transfer,or otherwise dispose of all or substantially all of Guarantor's assets,or any interest therein: (F) upon Lenders request,Guarantor will provide to Lender financial and credit information in form"a acceptable to Lender.and all such financial Information which currently has been,and all future financial information which will belifewided to Lender is and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dates the:financial , information is provided; (G) no material adverse change has occurred In Guarantor's financial condition since the date of the{aratiirecent—.4 financial statements provided to Lender and noevent has occurred which may materially adversely affect Guarantor's financial copg&tion;. (H) no litigation,claim,investigation,adminlstratve proceeding or similar action(Including those for unpaid taxes)against Guarantor i8-pending or C..) threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor has gj inured adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor grads to keep adequately informed from such means of any facts,events,or circumstances which might In any way affect Guarantor's riskt un ter this-0 I Guaranty,and Guarantor further agrees that,absent a request for information,Lender shall have no obligation to disclose to Guarantor any--- information or documents acquired by Lender in the course of its relationship with Borrower. i,' GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue18ritfing t money or to extend other credit to Borrower; (B) to make any presentment,protest,demand,or notice of any kind.including not)cce of any �" nonpayment of the Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part oil'Borrower,'— Lender,any surety,endorser.or other guarantor in connection with the indebtedness or in connection with the creation of new or additional N loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,including Borrower or any other guarantor, (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person: (E) to give notice of the terms,time.and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lenders power;or (G) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL GUARANTY Loan No: (Continued) Page 2 Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral Including,but not limited to,any rights or defenses arising by reason of (A) any"one action"or"anti-deficiency"law or any other law which may prevent Lender from bringing any action.including a claim for deficiency,against Guarantor,before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement,including without limitation,any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; (C) any disability or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment in full In legal tender,of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness: (E) any statute of limitations,If at any time any action or suit brought by Lender against Guarantor is commenced,there is outstanding Indebtedness which is not barred by any applicable statute of limitations;ar (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. tf payment is made by Borrower, whether voluntarily or otherwise.or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors,the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees riot to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand,recoupment or similar right,whether such claim, demand or right may be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law, If any such waiver is determined to be contrary to any applicable law or public policy,such waiver shall be effective only to the extent permitted by law or public policy. STATUTORY UEN. Guarantor agrees that all Guarantor's obligations under this Guaranty are secured by all shares and deposits in all joint and individual accounts Guarantor has with Lender now and in the future. Guarantor authorizes Lender,to the extent permitted by applicable law,to hold these funds if there is a default and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. Shares and deposits In an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law If gven as security are not subject to the security Interest Guarantor has given in Guarantor's shares and deposits. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR Guarantor agrees that the Indebtedness, whether now existing or hereafter created,shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever,to arty claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower. through bankruptcy,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise,the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender at claims which it may have or acquire against Borrower or against any assignee or trustee In bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment In legal tender of the Indebtedness, If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender is hereby authorized,In the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty. Amendments. This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys'Fen;Expenses- Guarantor agrees to pay upon demand ail of Lenders costs and expenses,including Lender's attorneys'fees and Lenders legal expenses,incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses Include Lenders attomeys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court, Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extant not preempted by federal law,the laws of the State of Iowa without regard to its conflicts of law provisions. Choice of Venue. If there Is a lawsuit,Guarantor agrees upon Lenders request to submit to the jurisdiction of the courts of Johnson County.State of Iowa. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty:the Guaranty fully reflects Guarantor's Intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless horn all losses, claims,damages,and costs(including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require;and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower" and 'Guarantor' respectively shall mean all and any one or more of them. The words'Guarantor,'"Borrower,"and"Lender"include the heirs,successors, assigns,and transferees of each of them. Ii a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore,a court will ehfv,r,e the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies.or similar entities,it is not necessary for Lender to inquire into the powers of Borrower or Guarantor-or of the officers,directors,partners.managers,or other agents acting or purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Any notice required to be given under this Guaranty shall be given in writing,and,except for revocation notices by Guarantor, shall be effective when actually delivered,when actually received by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,If mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled'DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. For notice purposes,Guarantor agrees to keep Lender informed at ell times of Guarantor's current address. Unless otherwise provided or required by law.if there is more than one Guarantor,any notice given by LencliC to any Guarantor is deemed to be notice given to all Guarantors. ~ {--' rti No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is give'7fi writing apd„ signed by Lander. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any of fit J+ right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right other se to demo d, n u strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dgling between Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future-irbnsec lode,) Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instance shall(ir.ognetituta. j:' " • continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted cit withheld in the sole discretion of Lender. Successors and Assigns. Subject to any Imitations stated in this Guaranty on transfer of Guarantor's interest,this Guaranty:shal r a binding upon and Inure to the benefit of the parties,their successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Utr(eeiis specific stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. WNdids and farms used in the singular shall include the plural,and the plural shall include the singular,es the context may require. Words and terms not otherw' defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: f� E-FILED 2022 OCT 31 9:49 AM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL GUARANTY Loan No: (Continued) Page 3 Borrower. The word "Borrower" means H & G Partnership and includes all co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word"Guarantor'means everyone signing this Guaranty,including without limitation Marsha K.Hamer.and in each case, any signers successors and assigns. Guaranty. The word'Guaranty'means this guaranty from Guarantor to Lender. Indebtedness. The word'Indebtedness"means Borrowers indebtedness to Lender as more particularty described in this Guaranty. Lender. The word"Lender means UNIVERSITY OF IOWA COMMUNITY CREDIT UNION.its successors and assigns. Note. The word"Note"means and includes without limitation all of Borrowers promissory notes and/or credit agreements evidencing Borrowers loan obligations in favor of Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words Related Documents"mean all promissory notes, credit agreements, loan agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other Instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION,EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MARCH 31.2017. GUARANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS COMMERCIAL GUARANTY AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GUARANTOR: Marsha K.Hamer rr/ti.v«',Akan Caw o.a a.a.w,w,4n.en..a.. s -t.ucm.aa.,C T,-e PP, •••_•rn,. C=.1 CD rV rynr* Cj� N r" E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT PO Box 800.North Liberty, IA 52317-0800 I Gree'1Statet rg 11-800-397-3790 � . 0 GreenState CREDIT UNION 4/18/2022 H&G PARTNERSHIP 1849 BROWN DEER RD Exhibit 9 CORALVILLE IA 52241-1160 ACCELERATION NOTICE CREDITOR: GREENSTATE CREDIT UNION 2355 LANDON RD NORTH LIBERTY,IA 52317 319-339-1000 Account Number Principal Balance $153,659.53 Daily Rate $17.89186 Unpaid Interest $53.67 Late Fee $0.00 Other Fees $0.00 Accelerated Balance $153,713.20 Security Mortgage dated 10/31/2014,in Book 5298,Page 668,on property located at 715 E. Burlington Street,Iowa City,IA 52240 Mortgage dated 10/31/2014 in Book 5298,Page 686 on property located at 731 E. Burlington Street,Iowa City,IA 52240. This letter is to provide you formal notice that GreenState Credit Union as the owner and holder of the mortgage loan,and in accordance with the above-referenced Mortgage and applicable state laws,has accelerated the amount due pursuant to the note and mortgage and demands full payment on the loan including the unpaid principal, plus accrued interest due and other late charges. Failure to pay the accelerated balance, plus accruing interest from the date of this letter may result in foreclosure by judicial proceedings and sale of the property. Sincerely, Steve Phipps Commercial Special Assets Manager (515)440-6905 .. • O cc:MarkT.Hamer, Marsha K.Hamer,Quad Four,LLC C7 ��y z Enclosure—Mortgage Mediation Notice I • 13 ry E-FILED 2022 OCT 31 9:49 AM JOHNSON -CLERK OF DISTRICT COURT • PO Box 800.North Liberty.IA 52317-0800 I GreenSzate.orci I 1-800-397-3790 vo •. . . .• Green St a t e CREDIT UNION Mortgage Mediation Notice You are receiwrg Mrs notice because al yntr lenc that • ,00ur mortgage ts 9enousiy deiin .oerot,cr 1.21 a farectosze pthtun was recently lied aga:nst you,The currose of V labo auto y,DI:that help avatlabie through lava Mctt4 He4. a Stale of lowa-sponsonol uremia. hap. is va//able • Iowa lviorge Help rs a group a ayarti.,ahorts parme-aig NOM the lima Attorney C.-eneraf's Office and the I0N2 F ir.ance Authcay offer all Iowans access to ffee,confocrential mortrage cruiseIng tett'cal • orgartices located ngtt he m Icvre. Iowa Mortgage±-inelp is hiare to assert you in yoorking through your srttretron •• Please call I-677-622-4866 as scan as possible.The eater you call the more options that are available to you.When you cat you w2 be referred to a trainl, prots.. cral counselor who we Istera to your§tuation and offer free.C017Mental advice thra.4--;*1 rad: step of the process.In 9orne cases_we ae able to work vett and borrowers to tt-Alucture mcrtgag...tmrths,While we x-e apt at* to help eierjoone,we are able to trio the rrraptty ct trmezoorrais wro call Iowa Mortgage Help_ he tact that a foreclosure petition may be Cr has bm-e fired ageelst you dnk.t,net necessarRy mean that you will lose Noma-house.If s NOT too late Thexe ts snit terse for help. Do Not Delay.This may be your hest chance to ve your boor from foreclosure. C.= CD Call 1-877-622-48E36 today or go to lowaltiortmelielp.com. --1 Thiz free call could save your home_ Ivrea Mortgage Help ' r, 1-ST/-622-4866 4"14-zie,ga, wortr_lovraMortageHelp.ocon •• ."P'• TIM race Sad%pahrle:! r".1.1ze:1 ty17113 Ca:e sec -€a.stN.) END OF CASE FILE Kellie Fruehling From: Kellie Fruehling Sent: Thursday, November 3, 2022 10:12 AM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: Notice - Equity No:EQCV083816 Attachments: 3691_001.pd f Attached. "ra I $WA CITY A UNESCO CITY OF LITERATURE rFrueMMn , CAC City Clerk office:319-356-5041 410 E Washington St, Iowa City, IA 52240 WWW.ICGOV ORG © 000 From: City-copier@iowa-city.org<City-copier@iowa-city.org> Sent:Thursday, November 3, 2022 10:10 AM To: Kellie Fruehling<KTuttle@iowa-city.org> Subject:Attached Image 1 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Wilmington Savings Fund Society,FSB,as Trustee of ) Quercus Mortgage Investment Trust ) ) EQUITY NO:EQCV083816 Plaintiff, ) ) vs. ) ORIGINAL NOTICE ) Derek P. Stoneking;United States of America,Secretary of ) Housing and Urban Development;Unknown spouse,if any,of ) Derek P. Stoneking;Parties in Possession;Iowa City Animal ) Control; State of Iowa ) ) Defendants. ) To the above-named defendant Iowa City Animal Control,do City Clerk 410 E Washington St, Iowa City,IA 52240: You are notified there was filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiffs attorney is Emily Bartekoske, c/o SouthLaw, P.C., 1401 50th Street Suite 100West Des Moines,IA 50266. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter,file a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920,ext. 1105.Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942.Disability coordinators cannot provide legal advice. Clerk of the District Court Johnson County Courthouse Iowa City,Iowa r... IMPORTANT c:' YOU ARE ADVISED TO SEEK LEGAL ADVICE AT -' ONCE TO PROTECT YOUR INTERESTS. ` c! n-• 171 L) r CD (11 File No.218160-987810 1111 I I II II 111111111111 II E-FILED 2022 OCT 18 2:48 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083816 County Johnson Case Title WILMINGTON SAVINGS FUND SOCIETY VS DEREK STONEKING You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legi.s.iowa.gov/dots/ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourself/protect-personal-information/. L.r Scheduled Hearing:c y 4. Cam: 4,,, If you need assistance to participate in court due to a disability,call the disability access coordinator at (319)398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information,see www.iowacourts.gov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 10/18/2022 02:48:49 PM a4 r�� rift,f+ f (\,,,,, District Clerk of Court or/by Clerk's Designee of Johnson County lsl Christine Roselund E—FILED 2022 OCT 18 1:52 PM JOHNSON — CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust Plaintiff, vs. EQUITY NOEQCV083816 Derek P. Stoneking; United States of America, Secretary of Housing and Urban Development; Unknown spouse, if any, FORECLOSURE PETITION of Derek P. Stoneking; Parties in Possession; Iowa City Animal Control; State of Iowa; Defendants. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM THE ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. FORECLOSURE PETITION Plaintiff, Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust, by and through its attorney, Emily Bartekoske of the firm of SouthLaw, P.C., and for its cause of action against Defendant(s)states as follows: 1. The Plaintiff, Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust,is a business organization duly authorized to transact business in the State of, wa. (71 Pa I File No. 218160 111111111 II 1111 1111111111 4 )1 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT • 2. Defendant(s)Derek P. Stoneking is resident(s)of Johnson County,Iowa and is believed to be single. 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2,&535.13. 4. Plaintiff elects to waive its right to a deficiency judgment against Derek P. Stoneking, and is seeking a judgment solely in rem against the subject real property described below. 5. On or about August 5, 2011, Derek P. Stoneking executed and delivered a promissory Note (the "Note") to MetLife Home Loans, a Division of MetLife Bank, N.A., in exchange for good and valuable consideration,in the maximum principal sum of$131,089.00, together with interest. A copy of the Note is attached as Exhibit"A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 6. To secure repayment of the Note, Derek P. Stoneking made and delivered mortgage (the "Mortgage") to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for MetLife Home Loans, a Division of MetLife Bank, N.A., its successors and assigns, on the real property legally described as: LOT 60, LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE I CORIIED PLAT THEREOF, commonly known as 10 Regal Ln, Iowa City, IA 52240 (the �.. operty ). '_ The Iortgage was recorded on August 9,2011, in Book No. 4788, at Page 680, in the office of the TNcordir f Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit "B" and incorpo ated by reference. 8. The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage and/or Certificate of Merger(s) attached as Exhibit"C"and incorporated by reference. 2 File No.218160 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT Assignor Assignee Recorded Date Book Page Document [CORRECTIV Wilmington February 3, 6004 867 El JPMorgan Savings Fund 2020 Chase Bank, Society, FSB, National as Trustee of Association Quercus Mortgage Investment Trust JPMorgan Wilmington November 22, 5982 229 Chase Bank, Savings Fund 2019 National Society, FSB, Association as Trustee of Quercus Mortgage Investment Trust Carrington Mortgage Services Metlife Bank, JPMorgan October 23, 5173 674 National Chase Bank, 2013 Association, National also known as Association MetLife Home Loans, a Division of Metlife Bank, N.A. Mortgage MetLife Home March 15, 5064 309 Electronic Loans, a 2013. Registration Division of Systems, Inc., MetLife Bank, as mortgagee, N.A. as nominee for MetLife Home Loans, a Division of MetLife Bank, N.A., its successors and assigns 3 File No.218160 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the right to foreclose the Note and Mortgage. 10. Derck P. Stoneking failed to make the installment payments as they became due since April 1, 2022. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed. Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note,upon default in payment a late charge may be assessed for any unpaid monthly payment. 13. Defendant(s) Derek P. Stoneking and Carrington Mortgage Services, LLC, in exchange for good and valuable consideration, entered into a Loan Modification Agreement, on March 8, 2022. The principal sum of the debt was increased to $120,682.87, representing the unpaid balance remaining together with any unpaid interest, advances and other amounts capitalized. A copy of the Loan Modification Agreement is attached as Exhibit"D"and incorporated by reference. 14. Under the terms of the Note and Mortgage, upon default, Defendant(s) Derek P. Stoneking, agreed to pay reasonable attomey's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. 15. An Affidavit of Attorney's Fees as required by Iowa Code Section §625.24 will be filed prior to the entry of a Decree of Foreclosure. 16. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.2B and 654.2D. More than 30 days have passed since the notice was given, and the default has not been cured. A copy of the Notions attached as Exhibit"E"and incorporated by reference. e„�...u. .. 4 1 R:.. n:.. .,P € File N1;218160" E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT 17. The Note and Mortgage provide that in the case of default,the holder of the note may declare the entire principal balance plus accrued interest due and payable. 18. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of Acceleration (the"Notice")and made demand for payment of the accelerated balance pursuant to Iowa Code §654.4B. Fourteen days has passed since the notice was given. A copy of the Notice is attached as Exhibit"F'and incorporated by reference. 19. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Defendant(s)Derek P. Stoneking the following: a. the unpaid principal balance of the Note in the sum of$120,682.87 b. the unpaid interest which has accrued at the rate of 3.750% per annum from March 1, 2022,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$146.68 f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs,if applicable, g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property; and h. the costs of this action,including reasonable attorney's fees. 20. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon tI4 Property. All of the Defendant(s)may have or may claim to have some right, title or interest ip-fir to thje Propaerty, ca but any such claim is inferior and subject to the lien of the Mortgage. r l. • 5 t.;- _.._ File No.218160 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT • 21. Defendant(s) Parties in Possession are named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 22. Defendant United States of America, Secretary of Housing and Urban Development has been named by virtue of a junior mortgage securing a debt in the original principal amount of$30,393.58 recorded on April 26, 2022 in the office of the Recorder of Johnson County,Iowa, in Book 6367 at Page 30. Defendant United States of America, Secretary of Housing and Urban Development may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 23. Defendant State of Iowa has been named by virtue of judgments filed in the Iowa District Court of Johnson County, as Case No. 0WCR110789 and AGCR125214. Defendant State of Iowa has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant State of Iowa may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 24. Defendant Iowa City Animal Control has been named by virtue of a judgment filed in the Iowa District Court of Johnson County, as Case No. ICCISC I 01638. Defendant Iowa City Animal Control has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant Iowa City Animal Control may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 25. Defendant Derek P. Stoneking was single at the time of the execution of the Note and Mortgage, and is believed to still be single. Defendant Unknown Spouse, if any, of Derek P. Stoneking has been named by virtue of his/her marital interest in the event that Derek P. Stoneking has since married,however,any such interest would be junior and inferior to Plaintiff's Mortgage. C) x- 26:. Jaintiff prays for a judgment against the Property for the following: t h _� c*� 1 IL the unpaid principal balance of the Note in the sum of$120,682.87 6 cp Fil o. 218t60 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT b. the unpaid interest which has accrued at the rate of 3.750% per annum from March 1, 2022,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$146.68 f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs,if applicable, g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property; and h. the costs of this action,including reasonable attorney's fees. Plaintiff prays that the Mortgage be declared a first and prior lien on the Property, superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale. Plaintiff prays that its Mortgage be foreclosed and that all junior and inferior liens and mortgages be barred from claiming any right,title,or interest in the Property. Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution should issue for the sale of the Property and the proceed§:♦should be applied to Plaintiff's judgment, together with interest, costs, and accruing costs including, but not limited to, any and all advances made by the Plaintiff for taxes, insurance,property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriffs Sale. From and after tIte gale under 7 File No.218160 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT special execution, the right, title,lien or interest of the Defendant(s) in the Property should be forever cut off,barred and foreclosed,and the purchaser at the sale shall take the Property free and clear of any right, title,lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County,Iowa,to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants, provided that the court first finds that (a) all equitable titleholders who have not abandoned the Property have consented to such sale; and (b) the terms of such sale are commercially reasonable. Plaintiff prays for such other and further relief as may be just and equitable in the premises. -a Respectfully Submitted, SouthLaw,P.C. C') /s/Emily Bartekoske g t w Emily Bartekoskc(AT0010255) 1401 50th Street Suite 100 West Des Moines,IA 50266 0,4 (515)223-7325,ext. 369 (515)223-7276(Fax) Emily.Bartekoske@southlaw.com Attorneys for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. 8 File No.218160 E-FILED 202 ;T 18 1:5 -CLERK OF "RICT COURT ~� • NOTFHA Case No. Iowa -_ August 5th, 2011 {Dale) 10 REGAL LANE IOWA CITY, Iowa 52240 (Property Address{ I.PARTIES 'Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means MetLife Home Loans, a Division of MetLife Bank, N.A. and its successors and assigns, 2.BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of ONE HUNDRED THIRTY ONE THOUSAND EIGHTY NINE & 00/100 Dollars(U.S.$ 131,089.00 ),plus interest,to the order of Lender. Interest will be charged on unpaid principal, front the date of disbursement of the loan proceeds by Lender,at the rate of POUR AND THREE-QUARTERS percent( 4.750 %)per year until the lull amount of principal has been paid. 3.PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4.MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on October 1st, 2011 . Any principal and interest remaining on the fvst day of September, 2041 ,will be due on that date,which is called the"Maturity Date." (B) Place Payment shall be made at P•O. BOX 71093 CHARLOTTE, NC 28272-1093 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S.S 683,83 .This amount will be part of a larger monthly payment required by the Security Instrument,that shall be applied to principal, interest and other items in the order described in the Security Instrument. (0) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note. the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. 'Check applicable box' Graduated Payment Allonge I I Growing Equity Allonge Other[specify) '7' T 1NA rnt.0 Aa7•NOie IA `'/ raev+sec 10,95 9acc.co V woven Kiywe•c,nancial5ew.ces L �'i1pv ct 3 C::'5 C« E-FILED 202 ;T 18 1:52 PM JOHNSON -CLERK OF "RICT COURT • 5.BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part,without charge or penalty,on the first day of any month, Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid For the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment,there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6.BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument,as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( 4,00 %)of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorise acceleration when not permitted by HUD regulations. As used in this Note. "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (Cl Payment of Costs and Expenses If Lender has required immediate payment in full,as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7.WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8.GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a nonce of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stared in Paragraph a(B)or at a different address if borrower is given a noucc of that different address. 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor.surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.Lender may enforce its rights under this Note against each person individually or against all signatories together.Any one person signing this Note may be required to pay all of the amounts owed under this Note. RwKef'0:95 vMPt9 "-" �RgAPco8090r3 Mows KWw•rPmanciSrSbn lees ioi 7 or 0 Cv ..... .. ....... • E-FILED 202 ;T 18 1:52 PM JOHNSON -CLERK OF fRICT COURT IMPORTANT: READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE, NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) — ___ (Seal) DEREK P STO KING; Hurrower •Burrower (Seal) _ (Seal) •Burrower •Burrower (Seal) (Seal) •Burrower Burruwrr (Seal) (Seal) •Borrower Burrower (Sign Original Only) - c \ ty �✓ • TYMP tepNA rued Rare Ncia•IA Rev.aed 10:9S pp MPlROIA)(ca09r 00 Wooers Kuwer Frnanrral Srrv,ce• Page 3 pl 1 E-FILED 202; T 18 1:52 PM JOHNSON -CLERK OF r.--RICT COURT • • Pay to the order of jpiticlos n Chose Sank,NA. t to the Older Of: Without rE.‘course wininottf Recourse JPMorgee chase N.A. Mett.tfe Horre Loans, e Division of sank, MetLife Bank, N.A. By: By. kiL4-4-44-(---- Adee iesek eif, Nikki Freeman, Limited Vice President V t•Ct- Pre,9irieter f— . • (..ra C) (73 (7) C=%, • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • 1, Doc ID: 022263920009 Type: OEN Kind: MORTGAGE Recorded: 08/09/2011 at 02:26:58 PM Fee Amt: 647.00 Paoe I of 9 Johnson County Iowa Kim Painter County Recorder BK4788 PB680-688 [Space Above This Line Fur Recording Hata) Prepared By: MARY J PETERSEN MetLife Home Loans, a Division of MetLife Bank, N.A. 602 North Ankeny Blvd. Ankeny, IA 50021 515-289-4180 Return To: MetLife Home Loans - POST CLSG MAIL RM THIS IS A PURCHASE MONEY MORTGAGE 1555 w walnut Hill Ln #200 MC 6712 Irving, TX 75036 Full Legal Description located on page 2 FHA Case No. State()flows MORTGAGE MIN THIS MORTLIAOE("Security Instrument") is green on August 5, 2011 I'he Mortgagor 1s DEREK P STONEKING, A Single Person 4` CD CT' Borrower" This SecurityInstrument isgiven to Mortgage Flectronic Registration Systems,Inc. MERS" ("Borrower). 8 Y� (" ),(solely as nominee for Lender,as hereinafter defined,and Lender's successors and assigns),as mortgagee. MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O. Box 2026,Flint,MI 4 850 1-2026, tcl.(Kali)679-MERS. MetLife Home Loans, a Division of MetLife Bank, N.A. FHA lows Mortgage with MF.RS•4/% Wolters Kluwer Financral Soroicos VMP0-4N(IA)(osae) Amended Pago 1 p1 9 innw EMONT # ..__B.. E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • ("Lender")is organised and existing under the laws of THE UNITED STATES OF AMERICA ,and has an address of 4000 HORIZON WAY, IRVING, TEXAS 75063 . Borrower owes Lender the principal sum of ONE HUNDRED THIRTY ONE THOUSAND EIGHTY NINE & 00/100 Dollars(U.S.$ 131,089.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments,with the full debt,if not paid earlier,due and payable on September let, 2041 This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, with interest,and all renewals, extensions and modifications ol the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,gram and convey to MERS (solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS the following described property located in Johnson County,Iowa: LOT 604 LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO Tot RECORDED PLAT THEREOF. C3 C i. F-- t Parcel ID Number: County: 1023409009 City: which has the address of 10 REGAL LANE IStreciJ IOWA CITY ICityl,Iowa 52240 [Zip Codcj("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a pan of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument: but, if necessary to comply with law or custom, MERS,(as nominee for Lender and Lender's successors and assigns). has the right: to exercise any or all of those interests, including, but not limited to,the right to foreclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances ol record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal,Interest and Late Charge.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and late charges due under the Note. 2.Monthly Payment of Taxes,Insurance and Other Charges.Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges.a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on — rty, and inrt,a V M Ph'•4N(IA)icbcei ?age z oI 9 • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • (c)premiums for insurance required under paragraph 4.In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"),or in any year in which such premium would have been required if Lender still held the Security Instrument,each monthly payment shall also include either:(i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary,these items arc called "Escrow Items"and the sums paid to Lender are called"Escrow Funds," Lender may, at any time,collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments arc available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,Lender shall account to Borrower for the excess funds as required by RESPA.If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums,Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary,and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items(a),(b),and(c), 3.Application of Payments.All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and lac, flood and other hazard insurance premiums,as required; Third,to interest due under the Note; Fourth,to amortization of the principal of the Note;and Fifth, to late charges due under the Note. 4, Fire, Flood and Other fiarard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected,against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance.This insurance shall he maintained in the amounts and for the periods That Lender requires. Borrower shall also insure all improvements on the Property,whether now in existence or subsequently erected,against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. In the event of loss,Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower.Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender,instead ol'to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order in paragraph 3,and then to prepayment of principal,or (h) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of die monthly payment, which are referred to in paragraph 2,or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall he paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,all right,title and interest of Borrower in and to insurance policies in force shall pass to the purelutser. inuaii VMP09•4N{IA)c0608! Page 3 ol g 4—r C.}i • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower,or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted.Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default.Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. II'this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee ude shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation.The proceeds of any award or claim for damages,direct or consequential, in connection with any condemnation or other taking of any part of the Property,or for conveyance in place of condemnation,are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument.Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3,and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments.which are referred :o in paragraph 2,or change the amount of such payments.Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges,fines and impositions that arc not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly Furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2,or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property,including payment of taxes,hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate. and at the option of Lender,shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 8.Fees.Lender may collect fees ttnd charges authorized by the Secretary. 9.Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults,require immediate payment in full of al]sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (ii) Borrower defaults by failing,for a period of thirty days, to perform any other obligations contained in this Security Instrument. VMP -4N(IA)iO6C8,i Page 4 uI B 1 1'^+1 C^•d • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • (b)Sale Without Credit Approval, Lender shall, if permitted by applicable law (including Section 341(d)of the Garn-St.Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d))and with the prior approval of the Secretary,require immediate payment in full of all sums secured by this Security Instrument if: (i)All or part of the Property,or a beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary, In many circumstances regulations issued by the Secretary will limit Lender's rights,in the case of payment defaults,to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the. Secretary. te)Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof,Lender may,at its option, require immediate payment in lull of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10,Reinstatement.Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that ii secures shall remain in effect as if Lender had not required immediate payment in full. However. Lender is not required to permit reinstaument if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (u) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 1l. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest, Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Suecesurrs and Assigns Bound;Joint and Several Liability; Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but dues not execute the Note: (a) is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument;and (c)agrees that Lender and any other Borrower may agree to extend,modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by dclivcring)t or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be direetedl to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address [.ender designates by notice to Borrower. Any • MAO Iniflais�. ✓ VMP '.4N(iA)it:eoe: Page sofa e ` _ t , C^r l I E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14, Governing Law; Severability.This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. IS.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use,disposal, storage,or release of any Hazardous Substances on or in the Propeny. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shalt promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene.other flammable or toxic petroleum products. toxic pesticides and herbicides, volatile solvents, materials containing asbestos or lormafdchyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument: (b) Lender shall be • entitled to collect and receive all of the rents of the Property; and (c)each tenant of die Property shall pay all rents due arid unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon,take control of or maintain the Properly before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph IR, including.but not limited to,reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9,the Secretary may invoke the non.judicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 ei seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. lnrials VMP40-4t4(.111)taste) Page 6 0l • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 20. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 21. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and).ender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6(1 days.The provisions of this paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 22. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)l, Condominium Rider L�Growing Equity Rider Li Other(specify) E Planned Unit Development Rider U Graduated Payment Rider 23. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Cifirdel. 43".4.---- Uurrowcr DEREK P STONEKING Date Borrower Dalc Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date r..,J ,7.. . t ..._. VMPOe-4N(IA)t0608i Page 7 N 9 --A . C') ». ` Fri x. ,r 1t,.f• CwJ\ • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. W i messes: C.errP/ (Seal) DEREK P STC EKING Borrower (Seal) •Iiorrvwcr (Seal) (Seal) Burrower borrower (Seal) .(Seal) •Rorrowcr -borrower (Seal) (Seal) •Borrower •borrower C� .F R / iv..... Iy'T C: FJ VMPR-4N(IA)iottoet Pape s ot E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT STATE:OF IOWA, JOHNSON County ss: On this 5th day of August, 2011 ,before me,a Notary Public in the State of Iowa,personally appeared DEREK P STONEKING a single person to me personally known to be the person(s) named in and who executed the foregoing instrument,and acknowledged that hciffiget.y executed the same as his/1etakk voluntary act and deed. My Commission Expires �I . g.401,4, • SHERRY J RUNGE Koury Nibtic in ana fur i id Count)and Stale Communion Nrtos 734714 f l� .. i i. ni '" t + S c-,—y t.._.... C71 VMP4•4N(IA);0609i Paps 9 of 9 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT • Doc ID: 022866020002 Type: GEN Kind: ASSIGNMENT Recorded: 03/15/2013 at 11:09:51 AM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa Kim Painter County Recorder BK5064 Pa309-310 IOTA PREPARED BY TERRILL NIELSON Mir—*t-mterv.Remzried SECURITY CONNECTIONS, INC. COUNTY OF JOHNSON 240 TECHNOLOGY DRIVE, IDAHO FALLS, POOL NO. ID 83401, PH:800-894-0742 LOAN NO. WHEN RECORDED MAIL TO : SECURITY CONNECTIONS INC. ATTN: TERRILL NIELSON 240 TECHNOLOGY DRIVE IDAHO FALLS, ID 83401 Loan No. PH: (208)528-9895 ASSI OF REAL ESTATE MDRTGAGE KNOW ALL MEN BY THESE PRESENTS: That MRTGACE ELECTECNIC R 4IRATIQIV SYMMS, 12,E. SOLELY AS ATIIINEE FCR ME'1TIFE HONE LOANS, A DIVISION cW 112TLIFE RANK, N.A. ITS SCOM3SCRS AND ASSIGNS, located atP.O. BOX 2026, FLINT, MI 48501-2026 Party of the first part, in consideration of the sum of Ten ($10 .00) Dollars and other valuable consideration paid to it by WILIFEICKE LOAM, A DIVISION OP I. TLI E BANK, N.A. located at 1555 W. WALNUT HILL LANE #200 IRVING, TX 75038 party of the second part, the receipt of which is hereby acknowledged, does by these presents granted, bargained, sold, assigned, transferred and set over unto the said party of the second part that certain mortgage executed by DEREK P STONEKING, A SINGLE PERSON to the said MRTGAO2 FLWJIR'CNIC REGISTRATION SYSTEM, Dr. SOLELY AS I121INEB PCR F'RLIPE IDE LC3APS, A DIVISION OF AWILEPE BANK, N.A. ITS SUCCESSORS AND ASSIQS recorded in the County of JOHNSON State of Iowa, in Book No. 4788 at Page No.680 as Document No. 022263920009 on Microfilm No. —LJ verr ) Page 1 of 2 E-FILED 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT Loan No. TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns, forever, subject only to the provisions in the said indenture of mortgage contained. IN WITNESS WHEREOF b1 1GAGE E WTRC IIC RFXTSTRATI(N SYSI , INC. SOLELY AS 1 '!►ITT FCR laTLIFE FK ' LOArS, A DIVISICN CAP METL FE BANK, N.A. ITS SO aMSCES AM) ASSIG S has caused this instrument to be duly signed this ,�--'tiay of NOV 3 0 2012 by its duly authorized officers. PERMAGE BLECTRLNIC REIZLSIRATI(N SYSTEMS, INC. SOLELY AS ICKENEE FCR METLSFE FICHE IOW, A DIVISION CF METLIFE BANK, N.A. ITS STtCESSCVS AM) ASSIG S BY qffle.NON%V v"l-eb;1 Esperanza Villegas ASSISTANT SECRETARY STATE OF TEXAS ) ) SS COUNTY OF DALLAS ) On NOV 3 0 2012 before me, • Jason Aaron Huff personally appeared Espernnza\Minim and PIA personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) who executed the wit instrument as ASSISTANT SECRETARY and �A on .ehalf of th corporation that executed it . N. - • Public in and for sai CtAb and State Jason Aaron Huff ,'e�°�4",, JASON AARON HUFF 3 Notary Public. State of Texas '••�,r My Commission Expires ''' June 30, 2015 - MIN, MERS PHaW: 1-888-679-6377 (NMRI .IA.2) Page 2 of 2 I 1 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT BK: 5173 PG: 674 Recorded: 10/23/2013 at 1:40:10.340 PM Fee Amount: $17.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa sfz- Assignment of Mortgage Recording Requested by: LSI When Recorded Mail to: Custom Recording Solutions 5 Peters Canyon Road,Ste. 200 Irvine,CA 92606 (800)756-3524 ext. 5011 Prepared By: William H.Peirson PeirsonPatterson,LLP 13750 Omega Road Dallas,TX 75244 Phone No.: 800-899-9027 CRS Order No.: APN: N/A Grantor: Metlife Bank,National Association,also known as Metlife Home Loans,A Division of Metlife Bank,N.A. Grantee: JPMorgan Chase Bank,National Association Full Legal Description located on page 1 References: (Instrument No.and/or Book&Page) 1#:02263920009,BK:4788,PG:680-688 Page No. 1 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • This instrument was prepared by: PEIRSONPATTERSON,LLP WILLIAM H.PEIRSON ATTN:RECORDING DEPT. PEIRSONPATTERSON,LLP 13750 OMEGA ROAD 13750 OMEGA ROAD DALLAS,TX 75244-4505 DALLAS,TX 75244-4505 800-899-9027 Christopher Low Abendroth and Russell Law Firm 2536 73rd Street Des Moines,IA 50322 [Space Above This Line For Recording Data] n No.: IOWA ASSIGNMENT OF MORT AGE For Value Received,METLIFE BANK,NATIONAL ASSOCIATION,ALSO KNOWN AS METLIFE HOME LOANS,A DIVISION OF METLIFE BANK, N.A. (herein "Assignor") does hereby grant, sell, assign, transfer and convey, unto JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (herein "Assignee"), whose address is 700 KANSAS LANE,MC 8000,MONROE,LA 71203 all its rights,title and interest in and to a certain Mortgage dated August 5,2011 and recorded on August 9,2011,made and executed by DEREK P.STONEKING to and in favor of METLIFE HOME LOANS,A DIVISION OF METLIFE BANK, N.A.,upon the following described property situated in JOHNSON County,State of Iowa: Property Address:10 REGAL LANE,IOWA CITY,IA 52240 LOT 60, LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. such Mortgage having been given to secure payment of One Hundred Thirty One Thousand Eighty Nine and 00/100ths($131,089.00),which Mortgage is of record in Book,Volume, or Liber No.4788,at Page 680-688(or as No.022263920009),in the Office of the County Recorder of JOHNSON,County,State of Iowa. Iowa Assignment of Mortgage JP Morgan Chase Bank N.A. ag'P"e I oTZ "/ L73108IA 01/12 Rev.04/12 • T E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT • TO HAVE AND TO HOLD,the same unto Assignee, its successors and assigns, forever,subject only to the terms and conditions of the above-described Mortgage. IN VVITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on Assignor: ````ttttUNltlt/tt�ti METLIFE BANK,NATIONAL ASSOCIATION, c‘K, Natio i,, ALSO KNOWN AS METLIFE HOME LOANS,A � 0a••Q�r• 1)9 '4 DIVISION OF METLIFE BANK,N.A.BY ITS Z t• b(os VOA ••'•;9, �� ATTORNEY-IN-FACT JPMORGAN CHASE BANK, U: ,• p : NATIO AL ASSO IATION iv's• O,t�pe904 •o.` By:• ? 10 ff• S• • •te• •' �• } — '(E''s�1`>1 %ttrint►100\ Its: Vice Preghttnt ACKNOWLEDGMENT State of Louisiana § Parish of Ouachita �{ POn this / 1 day of t.4 (g-t:›13 , before me appeared C..-4-f l c k. PCo t an "J — ,to me personally known,who,being by me duly sworn (or affirmed) did say that he/she is the VICE PRESIDENT, of JPMORGAN CHASE BANK, N.A.,and that the seal affixed to said instrument is the corporate seal of said corporation and that the instrument was signed , and sealed on behalf of jhg corporation by authority of its board of directors and that .e acknowledged the instrument to be the free act and deed of the corporation. 116/ Signature of Person Taking Acknowledgment %, W/rd4 Printed Name /1417frZt( /21/ Y.K.WILSON Title or Rank OUACHITA PAiartiAtagiANA NOTARY IQN 064E99 Serial Number,if any:r4 (Seal) My Commission Expires:04,77°v Iowa Assignment of Mortgage JP Morgan Chase Bank N.A. Pagw2:s42.') L731081A 01/12 Rev.04/12 Page 1 of 2 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT BK: 5982 PG: 229 Recorded: 11/22/2019 at 11:58:27.0 AM County Recording Fee: $12.00 Iowa E-Filing Fee: $3.00 Combined Fee: $15.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa PREPARED BY:JANICE GARRISON,JPMORGAN CHASE BANK,N.A.,780 KANSAS LANE,MONROE,LA 71203,PH.(800) 401-6587 WHEN RECORDED MAIL TO:ATTN:ASSIGNMENT DEPARTMENT,JPMORGAN CHASE BANK,N.A.C/O FIRST AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY,IDAIIO FALLS,1 IOWA COUNTY OF JOHNSON LOAN NO.: [W-100 CARRLNGTON EBO] ASSIGNMENT OF REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the receipt of which is hereby acknowledged,JPMORGAN CHASE BANK,NATIONAL ASSOCIATION located at 700 KANSAS LANE,MC 8000, MONROE,LA 71203, Assignor,does by these presents grant,bargain,assign,transfer,and set over unto WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST CARRINGTON MORTGAGE SERVICES located at 1600 SOUTH DOUGLASS ROAD,SUITE 110,ANAHEIM,CA 92806, Assignee, its successors and assigns, all Assignor's right, title, and interest in and to that certain Mortgage dated AUGUST 05, 2011, executed by DEREK P STONEKING, A SINGLE PERSON, Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., ITS SUCCESSORS AND ASSIGNS, Original Mortgagee, and recorded in the Office of the County Recorder for JOHNSON County,State of IOWA,in Book 4788 at Page 680, AS DESCRIBED IN SAID MORTGAGE TO HAVE AND TO HOLD the same unto the party of the second part, its successors and assigns,forever,subject only to the provisions in the said indenture of mortgage contained. TOGETHER WITH all rights accrued or to accrue under said Mortgage. IN WITNESS WHEREOF,the undersigned has caused this Instrument o be executed o JPMORGAN CHASE BANK,NATIONAL ASSOCIATION ``,"�tNttllNpf� Name: a an r�/' 0ga!k Hs //'' Title: VICEPRESIDENT !�•�' SEAL •42 ' .-.w.,.. Page I of 2 MERS PHONE: 1-888-679-6377 Book: 5982 Page: 229 Seq: 1 Page 2 of 2 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT STA O UAW PARISH OF OUACHITA )ss. On Vti �vti ,before me appeared Rene Taner ,to me personally known,who,being by me affi ed, did say that he is the vicF PRESIDENT , of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION and that the seal affixed to said instrument is the corporate seal of said entity and tit6p instrument was signed and sealed in behalf of the entity by authority of its Board of Directors and that acknowledged the instrument to t free and deed of the entity. — ll., 1 (COMMISSION EXP. Angela Payne NOTARY PUBLIC �J Ouachita ParRuthish, Louisiana ID OR BAR ROLL NUMBER: �v. Lifetime Commission ro f�ln+7r�i ;7. cp Page 2 of 2 Book: 5982 Page: 229 Seq: 2 Page 1 of 2 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DIS oc • 2n06350002 Type: GEN Record ASSIGNMENT: 2/ /2020 at 12:06:53 PM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa Kim Painter County Recorder 8K6004 PG867-868 , 1.7(0l PREPARED BY:JANICE GARRISON,JPMORGAN CHASE BANK,N.A.,780 KANSAS LANE,MONROE,LA 71203,PH.(800) 401-6587 WHEN RECORDED MAIL TO:ATIN:ASSIGNMENT DEPARTMENT,JPMORGAN CHASE BANK,N.A.CIO FIRST AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY,IDAHO FA IOWA COUNTY OF JOHNSON LOAN NO. [W-100 CARRINGTON EBO] *CORRECTIVE ASSIGNMENT OF REAL ESTATE MORTGAGE *RECORDING TO CORRECT THE ASSIGNEE NAME ON THE ASSIGNMENT RECORDED ON NOVEMBER 22,2019 IN BOOK 5982 AT PAGE 229. KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the receipt of which is hereby acknowledged,JPMORGAN CHASE BANK,NATIONAL ASSOCIATION located at 700 KANSAS LANE,MC 8000, MONROE,LA 71203,Assignor,does by these presents grant,bargain,assign,transfer,and set over unto WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST located at 1600 SOUTH DOUGLASS ROAD, SUITE 110, ANAHEIM, CA 92806, Assignee, its successors and assigns, all Assignor's right, title, and interest in and to that certain Mortgage dated AUGUST 05, 2011, executed by DEREK P STONEKING, A SINGLE PERSON, Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., ITS SUCCESSORS AND ASSIGNS, Original Mortgagee, and recorded in the Office of the County Recorder for JOHNSON County,State of IOWA,in Book 4788 at Page 680. AS DESCRIBED IN SAID MORTGAGE TO HAVE AND TO HOLD the same unto the parry of the second part,its successors and assigns,forever,subject only to the provisions in the said indenture of mortgage contained. TOGETHER WITH all rights accrued or to accrue under said Mortgage. IN WITNESS WHEREOF,the undersigned has caused this Instrument t• .e executed :n ; 1 2 7 2020 -. JPMORGAN CHASE BANK,NATIONAL ASSOCIATION *VI TO r., Name: -ene Tanner ‘‘t,t I ry}I�`j/f��i Title:N.i '6. :0 ` »: C W SEAL •c? y`r 4 41/tttlitto>>0`'S Page 1 of 2 MERS PHONE: 1-888-679-6377 Book: 6004 Page: 867 Seq: 1 Page 2 of 2 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT STATE OF LOUISIANA PARISH OF OUACHITA )ss. On JAR 2 7 2020 ,before me appeared Rene Tanner ,to me personally known,who,being by me affirmed, did say that he is the VICE/RESIDENT , of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION and that the seal affixed to said instrument is the corporate seal of said entity and that the instrument was signed and sealed in behalf of the entity by authority of its Board of Directors and that Rene Tanner acknowledged the ins m n to be the free act and deed of the entity. Vicki C.Knighten (COMMISSION EXP. Vicki G.Knighten tfettme ) Ouachita Parish,Louisiana NOTARY PUBLIC Lifetime Commision ID OR BAR ROLL NUMBER; / Notary Public ID#54231 Page 2 of 2 Book: 6004 Page: 867 Seq: 2 Page 1 of 7 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT BK: 6367 PG: 36 Recorded:4/26/2022 at 8:48:02.0 AM County Recording Fee: $37.00 Iowa E-Filing Fee: $3.00 Combined Fee: $40.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa PREPARED BY: MONICA VELA ADDRESS: CARRINGTON MORTGAGE SERVICES,LLC CARRINGTON DOCUMENT SERVICES 1600 SOUTH DOUGLASS ROAD,SUITE 200A ANAHEIM,CA 92806 PHONE NO.: 1-866-874-5860 LOAN MODIFICATION AGREEMENT GRANTOR: DEREK P STONEKING GRANTEE: WILMINGTON SAVINGS FUND SOCIETY,FSB,AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST BY CARRINGTON MORTGAGE SERVICES,LLC AS SERVICER AND ATTORNEY IN FACT Legal Description: THE LAND REFERRED TO IN THIS DOCUMENT IS SITUATED IN THE CITY OF IOWA CITY,COUNTY OF JOHNSON,STATE OF IOWA,AND DESCRIBED AS FOLLOWS: LOT 60,LAKESIDE ADDITION TO IOWA CITY,IOWA,ACCORDING TO THE RECORDED PLAT THEREOF Complete legal description on page 3 TAX ID.: 1023409009 Rec.Date:AUGUST 9,2011 BK:4788 PG:680 INST: When recorded return to: CARRINGTON MORTGAGE SERVICES,LLC C/O LOSS MITIGATION POST CLOSING DEPARTMENT 1600 SOUTH DOUGLASS ROAD,SUITE 200A ANAHEIM,CA 92806 State: IOWA County:JOHNSON Loan No.111111111111 EX.IBR D Page 2 of 7 E-FILED 2022 OCT 18 1:52 RM JOHNSON -CLERK OF DISTRICT COURT C 1 This Document Prepared By: MONICA VELA CARRINGTON MORTGAGE SERVICES,LLC CARRINGTON DOCUMENT SERVICES ANAHEIM,CA 92806 1-866-874-5860 When Recorded Mail To: CARRINGTON MORTGAGE SERVICES,LLC C/O LOSS MITIGATION POST CLOSING DEPARTMENT 1600 SOUTH DOUGLASS ROAD,SUITE 200A ANAHEIM,CA 92806 Tax/Parcel#: 1023409009 [Space Above This Line for Recording Data] Original Principal Amount:$131,089.00 FHA/VA/RHS Case No: Unpaid Principal Amount:$121,574.33 New Principal Amount:S120,682.87 Loan No 111111 New Money(Cap):$0.00 LOAN MODIFICATION AGREEMENT This Loan Modification Agreement("Agreement"), made this 8TH day of MARCH,2022,between DEREK P.STONEKING,A SINGLE PERSON("Borrower"),whose address is 10 REGAL LANE,IOWA CITY, IOWA 52240 and WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST BY CARRINGTON MORTGAGE SERVICES,LLC AS SERVICER AND ATTORNEY IN FACT ("Lender"), whose address is 1600 SOUTH DOUGLASS ROAD,SUITE 200A, ANAHEIM,CA 92806 amends and supplements (I)the Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated AUGUST 5, 2011 and recorded on AUGUST 9, 2011 in BOOK 4788 PAGE 680,JOHNSON COUNTY, IOWA, and (2)the Note, in the original principal amount of U.S.$131,089.00,bearing the same date as,and secured by,the Security Instrument,which covers the real and personal property described in the Security Instrument and defined therein as the"Property," located at 10 REGAL LANE,IOWA CITY,IOWA 52240 Carrington Custom HUD-HAMP 05312021_467 Page 1 Page 3 of 7 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT the real property described is located in JOHNSON County,IOWA and being set forth as follows: THE LAND REFERRED TO IN THIS DOCUMENT IS SITUATED IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON,STATE OF IOWA,AND DESCRIBED AS FOLLOWS: LOT 60,LAKESIDE ADDITION TO IOWA CITY,IOWA,ACCORDING TO THE RECORDED PLAT THEREOF In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of, MARCH 1, 2022 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $120,682.87, consisting of the amount(s) loaned to Borrower by Lender, plus capitalized interest in the amount of U.S. $0.00 and other amounts capitalized, which is limited to escrows and any legal fees and related foreclosure costs that may have been accrued for work completed. This Unpaid Principal Balance has been reduced by the HUD Partial Claim amount of$30,393.58. 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 3.7500%, from MARCH 1, 2022. The yearly rate of 3.7500%will remain in effect until principal and interest are paid in full. Borrower promises to make the total modified monthly mortgage payment of U.S. $916.76, beginning on the 1ST day of APRIL,2022, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full.Borrower's payment consists of payments for principal and interest of U.S. $558.91,plus payments for property taxes,hazard insurance,and any other permissible escrow items of US$357.85. Borrower understands that the modified monthly mortgage payment is subject to change if there is an increase or decrease in property taxes, insurance, or any other permissible escrow items. The escrow payments may be adjusted periodically in accordance with applicable law and therefore the total monthly payment may change accordingly. If on MARCH I, 2052 (the"Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement,Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the Borrower is not a natural person)without the Lender's prior written consent,the Lender may require immediate payment in full of all sums secured by this Security Instrument. If the Lender exercises this option, the Lender shall give the Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument.If the Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. 4. The Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument,including without limitation,the Borrower's covenants and agreements to make all payments of taxes, insurance premiums,assessments,escrow items,impounds,and all other payments that the Borrower is obligated to make under the Security Instrument;however,the following terms and provisions are forever Carrington Custom HUD-HAMP 05312021 467 Page 2 Page 4 of 7 • • E-FILED 2022 OCT 18 1:52 PM JOFiNSON -CLERK OF DISTRICT COURT cancelled,null and void,as of the date specified in Paragraph No. l above: (a) all terms and provisions of the Note and Security Instrument(if any)providing for, implementing, or relating to,any change or adjustment in the rate of interest payable under the Note;and (b) all terms and provisions of any adjustable rate rider,or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in(a)above. 5. If the Borrower is currently subject to the protections of any automatic stay in bankruptcy, or have obtained a discharge in bankruptcy proceeding without reaffirming the mortgage loan debt,nothing in this Agreement or any other document executed in connection with this Agreement shall be construed as an attempt by Lender to impose personal liability under the Note and Deed of Trust/Mortgage and Promissory Note/Partial Claims Mortgage. In such case, this Agreement is entered into in the ordinary course of business between the Lender and the Borrower in lieu of pursuit of in rem relief to enforce the lien. This Agreement does not revive the Borrower's personal liability under the Note and Deed of Trust/Mortgage and Promissory Note/Partial Claims Mortgage, nor is it an attempt to collect, recover or offset any such debt as a personal liability of Borrower under the Note and Deed of Trust/Mortgage and Promissory Note/Partial Claims Mortgage. 6. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement,the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and comply with,all of the terms and provisions thereof,as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender,shall bind and inure to the heirs,executors,administrators,and assigns of the Borrower. 8. Borrower agrees that any costs, fees and/or expenses incurred in connection with servicing the loan that may be legally charged to the account, but have not been charged to the account as of the Modification Effective Date, may be charged to the account at a later date and shall be the Borrower's responsibility to pay in full. For example,if the loan is in foreclosure there may be foreclosure fees and costs that have been incurred but not yet assessed to the account as of the date the Modification Effective Date; Borrower will remain liable for any such costs,fees and/or expenses. NOTICE TO CONSUMER: 1. Do not sign this paper before you read it.2.You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. l.D Carrington Custom HUD-HAMP 05312021 467 ■ Page 3 Page 5 of 7 . • E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT In ess Whereof,I have exe t d this A e . Borrower:DE EK P ON NG Date [Space Below This Line for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF IO�vH��Jrk COUNTY OF On this I day of QVI ,20 a , before me personally appeared DEREK P STONEKING to me personally known,to be the person(or persons)described in and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their act and deed. 7//7-- (1 otary Public //,� ` � ,/� Printed Name:'`�14 i ��T( V • �Ai Iv v L)/ (Seal, if any) My Conti issionexpires: 11111,KR$STI N M REYNOLDS - 1i C n Ilan Number t u755 �"� ?,°Era cr, CD Carrington Custom HUD-HAMP 05312021_467 Page 4 Page 6 of 7 E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT In Witness Whereof,the Lender has executed this Agreement. WILMINGTON SAVINGS FUND SOCIETY,FSB,AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST BY CARRINGTON MORTGAGE SERVICES,LLC AS SERVICER AND ATTORNEY IN FA APR 212022 By a rint name) Date Ostia r . Carrie ga a es{{ -�,r:l.�j '�;t [Space Below This Line for Acknowledgments] LENDER ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity • 'the individual who signed the document to which this certificate is attached, and n• I e truthfulness, accuracy,or validity of that document. State of ) County of ) On before me Notary Public,personally appeared ,who proved to me on the basis of satisfactory evidence to be the pers. s) whose name(s) is/are subscribed to the within instrument and acknowledged to m- at he/she/they executed the same in his/her/their authorized capacity(ies), • - that by his/her/their signature(s) on the instrument the person(s), or the entity upon .• alf of which the person(s)acted, executed the instrument. I certify under PENAL ' OF PERJURY under the laws of the State of California that the foregoing paragra.• is true and correct. WITNESS • hand and official seal. Sit' ature (Seal) Signature of Notary Public �J Carrington Custom HUD-RAMP 05312021_467 Page 5 Page 7of7 , . E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT - �. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT t t A notary public or other office 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. i ' f State of California } County of Orange } h - On 04/21/2022 before me, CATHERINE LOPEZ . NOTARY PUBLIC, • , (Here heart name and title of the officer) r personally appeared Osbaldo Sanchez ` w who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscrild to the.. within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizeddcapacity(ies), • and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) . acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true • and correct. t119•9 ... • ,''"4 CATHERINE LOPEZ i � � COMM 0 2354851 fz WITNESS my hand and official seal. ,1 'Zi lg Los Angeles County i;j k-az' •California Notary Pubt10' .... j' �` Comm Exp Apr. 17, 202& , Notary bile Signature'A H N LOPEZ (Notary Public Seal) n • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ' DESCRIPTION OF THE ATTACHED DOCUME This form complies with current California statutes regarding notary ' wording and,if needed.should be completed and attached to the C document.Acknowledgments from other states may be completed for } documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached docum • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared (Title or des on of attached document continued) which must also be the same date the acknowledgment is completed , • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). , er of Pages Document Date , Print the names)of document signer(s)who personally appear at the tune of notarization. ,4 . Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.kaishakkey,ishoe)or circling the correct forms.Failure to correctly CAPACITY CLAIMED BY THE SIGNER indicate this information may lead to rejection of document recording. , The notary seal impression must be clear and photographically 0 Individual(s) reproducible.Impression must not cover test or lines.fiscal impression 000 orate Officer smudges,re-seal if a sufficient area permits,otherwise complete a different . acknowledgment form . Signature of the notary public must match the signature on file with the J office of the county clerk (Title) •}Additional information is not required but could help to ensure this ( ) acknowledgment is not misused or attached to a different document. Partners '✓Indicate title or typo of attached document,number of pages and date 0 Attorne -Fact it Indicate the capacity claimed by the signer If the claimed capacity N is a corporate officer,indicate the title(i.e.CEO.CFO,Secretary) s • 0 T ee(s) • Securely attach this document to the signed document with a staple Other OrderlD-454175 • 2015 Version C�A I HiI1 rVl 1 e r 2022 OCT 18 1:52 PM JOHNSON - CLERK OF DISTRICT COURT MORTGAGE SERVICES,LLC WU Dmoo P.O.Box 5001 Westfield,IN 46074 DEREK P STONEKING 10 REGAL LN ■ IOWA CITY IA 52240-6758 Property Address: 10 REGAL LANE IOWA CITY,IA 52240 iI'11111I"1111111'IIIniIIrrIIII'I'PIIIi 111111Ii'III,I'i11 Loan Number: • C") t 07/30/2022 NOTICE OF INTENT TO FORECLOSE Dear Mortgagor(s): The above referenced loan is in default because the monthly payment(s)due on and after 06/01/2022 have not been received. The amount required to cure the delinquency,as of the date of this letter. is$1,97 l.85 less$123.33. monies held in a separate suspense account. SUBSEQUENT PAYMENTS (INCLUDING PRINCIPAL AND INTEREST.AND. IF APPLICABLE.TAXES. INSURANCE AND OTHER ESCROW ITEMS). AS WELL AS. LATE CHARGES,AND OTHER FEES WILL BE ADDED TO THE ABOVE STATED REINSTATEMENT AMOUNT AS THEY ARE ASSESSED. Please remit the total amount due in CERTIFIED FUNDS. utilizing one of the following payment resources: Overnight Mail I Western Union' I MoncvGram! Carrington Mortgage Services,LLC I Quick Collect(Any location) I Receive Code- 7998 Cashiering Dept.2-270 I Code City-CARRINGTONMS I 1600 South Douglass Road.Suites I 1(1&200-A I Code State-CA I Anaheim.CA 92806 I You will pay a fcc using this method of payment. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT. PLEASE CONTACT CARRINGTON MORTGAGE SERVICES,LLC TO DISCUSS HOME RETENTION ALTERNATIVES TO AVOID FORECLOSURE AT I.800-561-4567 OR BY MAIL AT 16011 SOUTH DOUGLASS ROAD.SUITES 110&200-A.ANAHEIM.CA 92806. YOU MAY ALSO CONTACT THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD) HOTLINE NUMBER AT(800) 569-4287 OR YOU CAN VISIT THEIR WEBSITE AT htto://www.hud.uov/foreclosurc/index.efm TO FIND OUT OTHER OPTIONS YOU MAY HAVE TO AVOID FORECLOSURE. Failure to cure the delinquency +'thin 30 days of the date of this gutter may result in acceleration of the stuns secured by the Deed of Trust or Mortgage. foreclosure by judicial proceeding. and sale of the property. E-FI ED 2022 OCT'814? tipi4p1€Q@b-CLERK OF DISTRICT COURT Overland Park. KS 66213-2660 • SOUTH LAW 913.663.7600 southlaw.corn A Professional Corporation Ole•sin Missouri • Kansas • Nebraska •Iowa September 27,2022 Derek P. Stoneking 10 Regal Ln Iowa City,IA 52240-6758 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation.Assistance Property: 10 Regal Ln,Iowa City,IA 52240 Loan Servicer: Carrington Mortgage Services,LLC Loan Number: Original Loan Amount: $131,089.00 Date of Note: August 5,2011 Creditor. Wilmington Savings Fund Society,FSB,as Trustee of Quercus Mortgage Investment Trust File No. 218160 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $120,682.87, plus contractual interest from March 1,2022, and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$125,781.85 to be paid within 14 days from the date of this letter in accordance with Iowa Code §654.4B. Until this amount is paid in full,this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without further notice,including.but not limited to,foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer(ACH),cashier's check, certified check,or money order, and payable to Carrington Mortgage Services, LLC. Please include your loan number on any payment or correspondence.If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date ofthis letter If you have additional questions about the information contained in this letter, or if you need instructions to irate a wire or electronic transfer of funds,please contact: cc5 :y SouthLaw Loss Mitigation Department. r.w°,. (913)663-7600 (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska —n 8:30 a.m.—4:30 p.m.CST a E-mail:lossmit@southlaw.com •• " c: exwBf If you are in bankruptcy or received a bankruptcy discharge of this debt,this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw,P.C.,a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-FILED 2022 OCT 18 1:52 PM JOHNSON -CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving his notice because(1)your lender pelieves Oat your mortgage is seriously delinquent, or (2)a=o•eclosure petition was recently filed against you. Tie purpose of this notice is to in'o•m you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. Iowa Mortgage Help is a g•ouo of organizations partnering with tie Iowa Attorney General's Office and the Iowa Finance Authority to o=fer all Iowans access to'ree, confidential mortgage counseling with local organizations located rig-it here in Iowa. Iowa Mortgage Help is here to assist ycu in working through your situation. C) . �.3 Please call 1-877-622-4866 as soon as possible. The earlier you call. the more options that are availaple to you. Wien you call.you will be re=erred to a trained,. professional counselor who will listen to your situation and o'fer lree. confidential advice through each r step of the p'ocess. In some cases,we are able to worA with lenders c~; and porrowers to restructure mortgage terms. 'Wiile we are not aple to nelp everyone, we are able to nelp the majority cf homeowners wno call Iowa Mortgage I-elp_ The fact that a'oreclosure petition may De or has pee')filed against you does net necessarily mean that you will lose your hoJse. 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 Iowa MortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 www.lowaMortgagel-elp.com is ncl c::iz keinn sic c::::a<.rca_ Icwa Z i ;x::en��I•=::' Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. he/v is avi//abIe 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. c' Iowa Mortgage Help —4 _ 1-877-622-4866 t www.lowaMortgageHelp.com S ,. This notice is being provided as required by Iowa Code section 654.4B(2). END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Friday, November 4, 2022 12:21 PM To: Rebecca Passavant Cc: Mary McChristy; Michelle Cook; Kellie Fruehling Subject: Served - Please see attached Attachments: 3712_001.pdf We just received this in he clerk's office. Please see the attached document. Thanks, Win CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY or LITERATURE (she/her/hers)* WWW.I000V ORG DEPUTY CITY CLERK 0000 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 *why this matters "The beauty of the world lies in the diversity of its people. "—Anonymous 1 E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROCKET MORTGAGE,LLC F/K/A Cf: 10\10E-3 t-/ vQUICKEN LOANS,LLC F/K/A QUICKEN CASE NO. LOANS INC., ORIGINAL NOTICE Plaintiff, vs. JOHN WILLIAM SEABA, 8 G SPOUSE OF JOHN WILLIAM SEABA, CITY OF IOWA CITY, CAPITAL ONE BANK USA NA,AND PARTIES IN POSSESSION, Defendants. CA'?'! c Iama CA TO THE ABOVE-NAMED DEFENDANT(S): % You are notified that a Petition has been filed in the office of the Clerk of this Court,naming you as a Defendant in this action. A copy of the Petition (and any documents filed with it) are attached to this notice. The attorney for the Plaintiff is Brian G. Sayer of The Sayer Law Group, P.C., whose address is 925 E 4th St., Waterloo, Iowa 50703. That attorney's phone number is (319)234-2530;facsimile number(319)232-6341, You must serve a motion or answer within 20 days after service of this Original Notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the Johnson County Courthouse, in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. This case has been filed in a county that utilizes electronic filing. Please review Iowa Court Rules Chapter 16 for general rules and information on electronic filing and division VI of Chapter 16 regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920 x1100.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. t E-FILED 2022 OCT 31 3:33 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV083858 County Johnson Case Title ROCKET MORTGAGE, LLC VS JOHN WILLIAM SEABA You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.legis.iowa.gov/does/ACO/CourtRulesChapter/I6.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information,refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at www.iowacourts.gov/for-the-public/representing-yourself?protect-personal-information/. Scheduled Heating: t"J (+') PV -r c- 77 - a a -,.. q. ..•r f ) cr If you need assistance to participate in court due to a disability, call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information, see www.iowacourts.gov/for-the-public/adai. Disability access coordinators cannot provide legal advice. Date Issued 10/31/2022 03:33:49 PM deresTart te c0' 0 District Clerk of Court or/by Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROCKET MORTGAGE,LLC F/K/A QUICKEN LOANS, LLC F/K/A QUICKEN LOANS INC., CASE NO. Plaintiff, FORECLOSURE PETITION vs. JOHN WILLIAM SEABA, SPOUSE OF JOHN WILLIAM SEABA, . - CITY OF IOWA CITY, CAPITAL ONE BANK USA NA, AND PARTIES IN POSSESSION, Defendants. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE.IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE,BUT NOT A ONE-FAMILY OR TWO- FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE.THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW the Plaintiff,and for a cause of action states: 1. Plaintiff elects to foreclose without redemption pursuant to Iowa Code Section 654.20.The mortgaged property which is the subject of this action (Subject Property) is not used for agricultural purposes and is a one-family or two-family dwelling.The Subject Property is legally described in Exhibit A and that exhibit is incorporated by this reference. 2. Plaintiff is a company duly authorized to transact business and to bring this action. IA220343 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 3. Plaintiff waives its right to a deficiency judgment against all defendants and is seeking a judgment solely in rem or against the property. 4. John William Seaba and Spouse of John William Seaba may be a married couple. 5. The Defendant-Borrower(s) executed a certain promissory note (Note). By executing the Note, the Defendant-Borrower(s) agreed to repay the sum stated in the Note, plus interest and costs,according to the Note's terms.A copy of the Note is attached as Exhibit B and is incorporated by this reference. 6. To secure payment of the Note, the Defendant-Mortgagor(s), executed and delivered a certain mortgage (Mortgage) in writing. The Mortgage placed a lien on the property legally described in the Mortgage.A copy of the Mortgage is attached as Exhibit C and is incorporated by this reference.A copy of the Assignment of Mortgage is attached as Exhibit D and is incorporated by this reference. 7. Plaintiff holds the Note and Mortgage and is entitled to enforce them.Plaintiff has the right to foreclose. 8. The Mortgage and Note provide that in the case of default,the holder may declare the entire principal, and the interest accrued thereon,due and payable and the Mortgage may be foreclosed. 9. The Defendant-Borrower(s)defaulted on the Note by failing to make payments according to the Note's terms. 10. By reason of the Defendant-Borrower(s)default,Plaintiff has accelerated the balance due, making the whole of the Note due and payable forthwith, and is exercising its right to enforce payment of the entire Note by foreclosing the Mortgage given to secure payment. 11. The unpaid balance due on the Note after allowing all credits due to the Defendant- Borrower(s) is the principal balance of$38,779.04, plus interest as provided in the Note and as may have been subsequently adjusted thereafter. 12. Plaintiff has incurred and will continue to incur fees and costs incurred in servicing the loan,including those of collection and foreclosure and reasonable attorney's fees and costs,as well as any and all advances made by the Plaintiff for taxes, insurance,property preservation and other fees and costs incurred between the time of the Foreclosure Decree and the time of Sheriff's Sale. These fees are recoverable from the Borrower-Defendant(s)according to the Note and Mortgage. I IA220343 E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT 13. Due demand has been made for payment of the Note,and payment has not occurred. 14. Under the terms of the Mortgage a receiver may be appointed to preserve the Mortgaged Premises and collect rents. 15. Plaintiff,or its predecessor in interest or servicing agent,mailed a Notice of Right to Cure to the Defendant-Borrower(s) and more than 30 days have elapsed since that mailing. A copy of said Notice is attached as Exhibit E and incorporated by this reference. 16. An Affidavit of Attorney's Fees as required by Iowa Code section 625.22 is attached as Exhibit F and incorporated by this reference. 17. Pursuant to Iowa Code section 654.4B(1)Plaintiff,through its attorney, sent a Demand for Payment to the Defendant(s)as stated in the Affidavit of Mailing filed with the Court.A copy of said Demand is attached as Exhibit G and incorporated by this reference. 18. Pursuant to Iowa Code section 654.4B(2) Plaintiff sent a Mortgage Mediation Notice to the Defendants(s)as stated in the Affidavit of Mailing filed with the Court.A copy of said Notice is attached as Exhibit H and incorporated by this reference. 19. The Defendants,Parties in Possession(if any) are joined as defendants because they may claim a right,title,or interest in the Mortgaged Premises. 20. The following are joined as defendants to this action because they may claim a right,title, or interest in the Mortgaged Premises, by virtue of, but not Iimited to,the right, title or interest described below(defendant's name:type of potential interest(case no./recording info.)): 20.1. City of Iowa City:Mortgage(Bk 5425 Pg539) 20.2.Capital One Bank(USA),N.A.:judgment(SCSC083724) 21. Any right, title, or interest any of the Defendants may have to the Mortgaged Premisbs is junior and subordinate to Plaintiff's interest. •• WHEREFORE,the Plaintiff respectfully prays for the following: CT' A. That the Court order judgment solely in rem, or against the property,against the Mortgaged Premises, for the principal balance due,plus interest,fees,and costs as shown by the proof,along with reasonable attorney's fees; B. That the Court declare the judgment sum a lien upon the Mortgaged Premises from the date of the Mortgage; 1A220343 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT C. That the Court declare the Mortgage prior and superior to any right,title, lien, or interest of any of the Defendants in or to the Mortgaged Premises; D. That the Court order the Mortgage foreclosed; E. That a special execution be issued for the sale of the Mortgaged Premises or so much thereof is necessary to satisfy the judgment including any advances by Plaintiff after entry of judgment but before sheriff's sale; F. That the Court order that upon sale of the Mortgaged Premises any right,title, lien,or interest of the Defendants in or to the Mortgaged Premises is forever cut off, barred and foreclosed,and that the purchaser at said sale take title free and clear of any right,title, lien, or interest of any of the Defendants; G. That the Court under seal order the issuance of a Writ of Possession,directed to the County Sheriff,commanding him to put the purchaser or successor-in-interest in possession of the Mortgaged Premises; H. That upon motion by Plaintiff,the Court appoint a receiver to collect rents or_ . prevent waste on the Mortgaged Premises; and, I. That the Court grants such further relief it deems just and equitable. THE SAYER LAW GROUP,P.C. By: Bria . S C. .orga Lasley AT0009803 C.Anthony Crnic AT0009864 Janelle G.Ewing AT0010918'�� 925 E. 4th St. Waterloo, Iowa 50703 Phone: 319-234-2530 Fax: 319-232-6341 E-Mail:generalupdates@sayerlaw.com ATTORNEYS FOR THE PLAINTIFF 1A220343 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT Exhibit A Lot 6 in Block 5, in East Iowa City,Johnson County, Iowa,according to the recorded plat thereof. r'N? >s. E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT EX IBIT Note Sea a. John October 31, 2014 Iowa City IA [Date] [City] [State] 822 2nd Ave Iowa City, IA 52245 [Property Address] 1. Borrower's Promise to Pay In return for a loan that I have received,I promise to pay U.S. $65.275.00 (this amount i;called"Principal"), plus interest,to the order of the Lender.The Lender is Quicken Loans Inc. I will make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. Interest Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 4.250%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3. Payments (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1St day of each month beginning on January 1, 2015 .I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on December 1. 2029 ,I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at P.O. Box 6577, Carol Stream, IL 60197 or at a different place if required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 491.05 4. Borrower's Right to Prepay I have the right to make payments of Principal at any tune before they are due.A payment of Principal only is known as a "Prepayment,"When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note,If I make a partial Prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 5. Loan Charges If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. Borrower's Failure to Pay as Required (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fl fteten calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount,That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys'fees. 7. Giving of Notices Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. Obligations of Persons Under this Note If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. Page 2 or 3 ' E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 9. Waivers I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. Uniform Secured Note This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows; If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. —CD �" -r-, 5. i WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. -`"'» f wJ --) - 10/31/2014 (Seal) (,� 1 Jo Wi 11 i am Seaba -Borrower �, -Borrow)r (Seal) (Seal) -Borrower -Borrower [Sign Original Only] Refer to the attached Signature Addendum for additional parties and signatures. WM E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT BK: 5300 PG: 126 Recorded: 14 at 10:40:16.170 AM Fee Amount: Revenue Tax: Kim Painter RECORDER Johnson County, Iowa E+XIBUBIT JSp.ce Above This Line For Recording Data] Prepared By: Julie Good 1050 Woodward Ave Detroit, MI 48226-1906 Return To: Document Management Quicken Loans Inc. 1050 Woodward Ave Detroit. MI 48226-1906 Full Legal Description located on page 16 Lender name located on page 2, MORTGAGE .;� DSFINTTIONS Words used in multiple sections of this document are defined below and other words are defined Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "SeeurityInstrument"means this document,which is dated October 31, 2014 -.--, together with all Riders to this document, (B)"Borrower"is John William Seaba, an unmarried man r '..' • Borrower is the mortgagor under this Security Instrument. Page 1 016 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT (C) "MERS"is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument.MERS is organized and existing and ,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026 (D)"Lender"is Quicken Loans Inc. Lender is a Corporati on organized and existing under the laws of the State of Michigan . Lender's address is 1050 Woodward Ave, Detroit, MI 48226-1906 (E)"Note"means the promissory note signed by Borrower and dated October 31, 2014 • The Note states that Borrower owes Lender Si Xty Five Thousand Two Hundred Seventy Five and 00/100 Dollars (U.S.S 65,275.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2029 . (F) "Property"means the property that is described below under the heading"Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest, (H) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider ❑Condominium Rider ❑Second Home Rider Balloon Rider ❑Planned Unit Development Rider 0 1-4 Family Rider VA Rider ❑Biweekly Payment Rider ®Other(s)[specify] Legal Attached (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessmei and other; charges that are imposed on Borrower or the Property by a condominium association, homeowners- association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller' machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items"means those items that are described in Section 3. - (M) "Miscellaneous Proceeds"means any compensation,settlement,award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. Pape 2 or 16 Mal E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT (P) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (Q) "Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Johnson [Typo of Recording Jurisdiction] [Name of Recording Jurisdiction] sc-3 C SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. , -!` SUBJECT TO COVENANTS OF RECORD. :, Parcel ID Number: 1.014184006 which currently has the address of 822 2nd Ave [Street] Iowa City [city], Iowa 52245 [zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,MERS nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Page 3 d 16 In E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any.', prepayment charges and late charges due under the Note. Borrower shall also pay fluids for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.- currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments' due under the Note and this Security Instrument be made in one or more of the following forms, as: selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's chock'or` cashier's check, provided any such check is drawn upon an institution whose deposits are insured by s federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the"Funds") to provide for payment of amounts due for. (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Leader under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Pape 4 of 16 kite E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT C)'C`) C) 0 Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may, at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shalt give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,and Community Association Dues,Fees, and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b)contests the lien in good faith Page 6 of 16 tinwa , E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT r7 M;•� by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien `• which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the "'M.1 lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels)and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services;or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at die Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had as opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law age 6 of 6 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT nn � fJ IVY requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by • Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower, Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or 'unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower faits to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or pep 7of 16 Initials. E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT Ci CI! regulations), or (c)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off, Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer,to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly)amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement Papa B of 16 male E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT f `y .� .:: (A provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of,the premiums paid to the insurer,the arrangement is often termed"captive reinsurance,"Further. (a) Any suck agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has» if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument, The proceeds of Peg.9 or 16 . E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT • any award or claim for damages that are attributable to the impairment of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. AU notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by rust class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in Pepe 10 of 16 iIItle E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 2022 NOV -'~, Pit 12: 1 connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instill- neat is.also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c)the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Papa 11 or 16 initla } E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 7N1 NOV -.i P1112: r Borrower, A sale might result in a change in the entity (known'as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(aa either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of; or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials; (h)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d)an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or(c)which, due to the presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup, Page 12 of 16 kg( E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT len NOV -4 NI 12: ! 5 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify: (a) the default; (b)the action required to cure the default; (c)a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured;and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,but not limited to,reasonable attorneys'fees and costs of title evidence. 23. Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. 25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. U fry 10/31/2014 John Wi 1 am Seaba Date Borrower Date Borrower Date Borrower Date Borrower Date Bonower Date Borrower Date Borrower Date Pep 13of15 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT t 7011 NOY - + P1112: I 1QVIA CITY, 'r4,. 26. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: i4111., .�-_— 10/31/2014 (Seal) Jo William aba -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Page 14 of 16 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 7011 NOV -1l Pig12: i CI UY CLERK 10WA C I T Y. 10 Wr STATE OF IOWA, Johnson County 6s: On this 31st day of October, 2014 ,before me,a Notary Public in the State of Iowa,personally appeared John Wi l i i am Seaba, an unmarried man to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary ac nd deed. My Commission Expires: Notary Public and for uid County and State 4NM KRISTA SEBASTIAN Commisalon Number 709537 ` MY Commisslon Fxplres Ct,St 1 6,1() Apill23,2016 Page 16 of 16 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT RIR NOV -4 •P1- 12: 15 CiiyC+Ei '< iC iA CITY, !Ct it z`A EXHIBIT A Legal Description Lot 6 in Block 5,in East Iowa City,Johnson County,Iowa,according to the recorded plat thereof. E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT • 1011 NOV —4 PIH12: 18 t_r? Kind: ASSIID: ENT�2 Type: (iEN c , ' CITY. IOWA Recorded: at f 138:t7 P1eAnt age 1 2 Johnson County Iowa Kim Painter County Recorder BK6405 PG408-409 EXHIBIT PREPARED BY:JEFFR•1' SCOOD FIRST AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY•,IDAHO FALLs,ID 83402 WHEN RECORDED MAIL To:FIRST AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAl•,IDAHO FALLS,ID 83402 IOWA COUNTY OF JOHNSON ASSIGNMENT OF REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the receipt of which is hereby acknowledged,MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS"),AS MORTGAGEE,AS NOMINEE FOR QUICKEN LOANS, INC.,ITS SUCCESSORS AND ASSIGNS located at P.O. BOX 2026,FLINT, MICHIGAN 48501-2026, Assignor, does by these presents grant, bargain, assign, transfer, and set over unto ROCKET MORTGAGE, LLC, FKA QUICKEN LOANS, LLC located at 1050 WOODWARD AVE, DETROIT, MI 48226, Assignee,its successors and assigns.all Assignor's right,title,and interest in and to that certain Mortgage dated OCTOBER 31, 2014, executed by JOHN WILLIAM SEABA, AN UNMARRIED MAN, Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS"),AS MORTGAGEE,AS NOMINEE FOR QUICKEN LOANS, INC., ITS SUCCESSORS AND ASSIGNS, Original Mortgagee, and recorded in the Office of the County Recorder for JOHNSON County,State of IOWA,in Book 5300 at Page 126. AS DESCRIBED IN SAID DEED OF TRUST 'I'O HAVE AND TO HOLD the same unto the party of the second part,its successors and assigns,forever,subject only to the provisions in the said indenture of mortgage contained. TOGETHER WITH all rights accrued or to accrue under said Mortgage. IN WITNESS WHEREOF,the undersigned has caused this Instrument to be executed on JULY 07,2022. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS"),AS MORTGAGEE,AS NOMINEE FOR QUICKEN LOANS,INC.,ITS SUCCESSORS AND ASSIGNS JEFFREY OSGOOD,V ESIDENT Page l of 2 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 7Ot1 NOV -4 Pik 12: 1 ; CITY CLERK IQf►` CITY. I STATE OF IDAHO COUNTY OF BONNEVILLE )ss. On JULY 07,2022,before me,KATIE OLSON,personally appeared JEFFREY OSGOOD known to me to be the VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS"),AS MORTGAGEE, AS NOMINEE FOR QUICKEN LOANS,INC.,ITS SUCCESSORS AND ASSIGNS the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. 1 �KAT E O 1C`� etlISSION EXP.02126/2027) NOTARY PUBLIC KATIE OLSON I Notary Public-State of Idaho ssion Number 20210709 My Co mtission Expires Feb 25,2027 Page 2 of 2 • E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT 7'77 , Rocket Mortgage,LLC r i Pf*ESORY PO Box 9074 FIrst•Clase Malt Temecula,CA 92589-9074 U,3.-Postage and Fees'Paid WSO' Send Payments to: Rocket Mortgage,LLC 835 Woodward Detroit,MI 48226 Send Correspondence Ia: Rocket Mortgage,LLC P,O.Box 442369 Detroit,MI 48244-2359 JOHN WILLIAM SEABA 822 2ND AVE IOWA CITY, IA 52245-4506 EXHIBIT ■ E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT ROCKET Mortgage 70ZZ NOY -4 FM 12: 18 CITY CLERK Sent Via First-Class Mail® 0 A CITY. !0 V,IA 05/19/2022 JOHN WILLIAM SEABA 822 2ND AVE IOWA CITY, IA 52245-4506 Loan Number: Property Address: 822 2ND AVE IOWA CITY,IA 52245-4506 Dear JOHN WILLIAM SEABA: This letter is formal notice by Rocket Mortgage, LLC, the Servicer of the above-referenced loan acting on behalf of FANNIE MAE MBS S/S, that you are in default under the terms of the documents creating and securing your Loan described above,including the Note and Deed of Trust/Mortgage/Security Deed("Security Instrument"),for failure to pay amounts due. You have a right to cure your default. To cure the default,you must pay the full amount of the default on this loan by 06/23/2022 (or if said date falls on a Saturday, Sunday, or legal holiday,then on the first business day thereafter). Failure to cure the default on or before this date may result in acceleration of the sums secured by the Security Instrument,foreclosure by judicial proceeding where applicable, and sale of the property. As of the date of this notice, the total amount required to cure the default is$1,810.05, which consists of the following: Next Payment Due Date: 04/01/2022 Total Monthly Payments Due: $1,687.30 04/01/2022 at $843.65 05/01/2022 at $843.65 Late Charges: $122.75 Unapplied Balance: $0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $1,810.05 You can cure this default by making a payment of$1,810.05 by 06/23/2022. Please note any additional monthly payments, late charges and other charges that may be due under the Note, Security Instrument and applicable law after the date of this notice must also be paid to bring your account current. You may contact our Loss Mitigation Department at 1-800-508-0944 to obtain updated payment information. You may also visit our website www.RocketMortgage,com. This letter is in no way intended as a payoff statement for your mortgage, it merely states an amount necessary to cure the current default. Please include your loan number and property address with your payment and send to: Rocket Mortgage,LLC 635 Woodward Detroit,MI 48226 11.1111111111111111 age 0 • E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT If you wish to dispute the delinquency, or if you di ute the calculation of a�iiou :of be delinquency and reinstatement amount,you may contact us by callin To the extent your obligation has been discharged or is subJeet to'tltl automatic,stay in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect a debt as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name,address,and telephone number. IF YOU ARE UNABLE TO BRING YOUR. ACCOUNT CURRENT, Rocket Mortgage, LLC offers consumer assistance programs designed to help resolve delinquencies and avoid foreclosure.These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives to foreclosure uld like to learn more about these programs, you may contact ACCT RESOLUTION TEAM.at Monday-Friday: 8:30 a.m. to 9:00 pan. ET and Saturday: 9:00am -4:00pm ET to discuss possible options. You may also visit our website www,RocketMortgage.com. WE ARE VERY INTERESTED IN ASSISTING YOU. You have the right to reinstate the loan after acceleration and the right to assert in the foreclosure proceeding, or to bring a court action to assert, the non-existence of a default or any other defense you may have to acceleration and sale. If foreclosure proceedings are undertaken, we may pursue a deficiency judgment, if permitted by applicable law.Failure to respond to this letter may result in the loss of your property. Rocket Mortgage, LLC is a debt collector, this is an attempt to collect a debt and any information obtained will be used for that purpose. You are notified that this default and any other legal action that may occur as a result thereof may be reported to one or more local and national credit reporting agencies by Rocket Mortgage,LLC, Attention Servicemembers and Dependents: Servicemembers on active duty, or a spouse or dependent of such a servicemember, may be entitled to certain protections under the Servicemembers Civil Relief Act ("SCRA") rei:rding the servicemember's interest rate and the risk of foreclosure. SCRA and certain state laws provide important protections for you,including prohibiting foreclosure under most circumstances, If you are currently in the military service,or have been within the last twelve(12)months,AND joined after signing the Note and Security Instrument now in default, please notify Rocket Mortgage, LLC immediately. When contacting Rocket Mortgage, LLC as to your military service, you must provide positive proof as to your military status. Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer, o w r counseling is also available at agencies such as Military OneSource(www.militaryonesource.rnil• and Armed Forces Legal Assistance (http:l/legalassistance.law.af.mil), and through HUD-certi i housing counselors (httpi/apps.hud.gov/offyces/hsg/sfh/hcc/hcs.cfm). You can also contact ACCT RESOLUTION TEAM toll-free if you have questions about your rights under SCRA. For your benefit and assistance, there are government approved homeownership counseling agencies designed to hel homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call or visit http://apps,hud.gov/offices/hs sfh/hcc/hcs,cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at This matter is very important. Please give it your immediate attention. age o E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 1}1l NOV —4 PM 12: 18 Sincerely, t,i i ( C L E t tc Rocket Mortgage,LLC t0 ACIiY, IOWA 635 Woodward Detroit MI 48226 For more information,visit www.RocketMortgage.com. You may also email ACCT RESOLUTION TEAM at AccountResolution@RocketMortgage.com. If you want to send us a Qualified Written Request, a Notice of Error,or an Information Request,you must mail it to Rocket Mortgage,LLC P.O.Box 442359 Detroit,MI 48244-2359 Page 3 of 4 E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 11111 NOV —4 PH 12: 18 t` r..r ERK IOWA CITY. IOWA aR E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT 1A220343 s.....,, ?Ili/ NOV -4 PH 12: ' 8 IN THE IOWA DISTRICT COURT IN AND JR}NSwGOUNTY ROCKET MORTGAGE,LLC F/K/A QUICKEN LOANS,LLC F/K/A QUICKEN CASE NO. LOANS INC., AFFIDAVIT FOR ATTORNEY FEES Plaintiff, vs. ' EXHIBIT JOHN WILLIAM SEABA, SPOUSE OF JOHN WILLIAM SEABA, CITY OF IOWA CITY, CAPITAL ONE BANK USA NA, AND PARTIES IN POSSESSION, Defendants. STATE OF IOWA ) COUNTY OF BLACK HAWK ) I,Janelle G. Ewing, hereby state that I am a member of the firm of The Sayer Law Group, P.C.,the attorneys for the Plaintiff in the above-entitled cause;that I am familiar with the terms of the Note and Mortgage sued upon herein as attorney for the Plaintiff;that I have read the foregoing Petition and am familiar with the contents thereof,and the allegations contained therein are true as I verily believe. I further depose and state that I am a regular practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, express or implied, between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing o attorney's fees prayed for herein. Date:i n/3 i/24 nelle .Ew' tt y for the Plaintiff Acknowledged before me on this tb' day of October,2022. °4't Riley Eckhoff :COMMISSION NO.542386 MY COMMISSION EXPIRES NotaryNblic in an f the State of Iowa G W w 09/15/2625 4 , f E-FILED 2022 OCT 31 2:49 PM JOHNSON -CLERK OF DISTRICT COURT • IT 7°11 NOv -c PM 12:q14, J LAW GROUP, PC . 925 E.4th Street,Waterloo,IA 50703 I p.319.234.2530 I f.319.232.6341 I sayerlaw.com October 5,2022 John William Scuba • 822 2nd Ave. Iowa City,IA 52245 Loan no. Property address 822 2nd Ave,Iowa City,IA 52245 Current creditor/servicer name Rocket Mortgage,LLC Current creditor/servicer address 1050 Woodward Ave. Detroit,MI 48226 Dear MORTGAGOR: Rocket Mortgage,LLC, on behalf of the owner and holder of your mortgage loan has retained the law firm of The Sayer Law Group,P.C. to send you this letter.We are writing you to provide you with formal notice that in accordance with the referenced Mortgage and applicable state law, your balance has been accelerated. Below Is a summary of your accelerated balance: Principal $38,779.04 Interest $ 1,042.66 Late Charges • $ 147.30 Escrow Advance • $ 1,685.34 Suspense Balance $ -531.48 Other Fees $ 12.00 Recoverable Balance $ 280.00 ACCELERATED BALANCE DUE $41,414.86 If you do not pay the accelerated balance within 14 days of the date of this letter, your property that is collateral for the Note may then be scheduled for foreclosure in accordance with the terms of the Mortgage and applicable state laws.If you have not cured the default by October 19,2022,additional amounts may become due and payable under your Note and Mortgage, Sincerely, Default Administration Department The Sayer Law Group,P.C. THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE, E-FILED 2022 OCT 31 2:49 PM JOHNSON - CLERK OF DISTRICT COURT riL 121 NOV -4 PM 12= ! fi EXHIBIT Mortgog Mediation Notice You are receiving this notice because (1)your lender believes that your mortgage is seriously delinquent, or(2) a foreclosure • • petition was recently filed against you.The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. • • • Iowa Mortgage Help 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 same cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. • The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay.This may be your best chance to save your home from foreclosure. Call 1-877.622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 • www.lowaMortgageHelp.com • This notice is being provided as required by Iowa Code section 654.4B(2). END OF CASE FILE