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Ashley Platz From: Ashley Platz Sent: Wednesday, February 8, 2023 2:37 PM To: Sue Dulek Cc: Kellie Fruehling Subject: Notice of Intent - Received Attachments: 20230208143401.pd f Sue, Please see the attached we received today. Thanks, c 1 : r rA CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.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 I 9885-pdf A• IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY 2514464 of 2 of 2 2 Wilmington Savings Fund Society,FSB,as Trustee of Quercus Mortgage Investment Trust EQUITY NO: EQCV083816 Plaintiff, VS. NOTICE OF INTENT TO APPLY FOR DEFAULT Iowa City Animal Control, et al. JUDGMENT Defendants. TO THE PERSONS LISTED BELOW: Iowa City Animal Control c/o City Clerk 410 E Washington St _ J Iowa City,IA 52240 _: c Iowa City Animal Control ^r c/o Susan Dulek,City Attorney 410 E Washington St Iowa City,IA 52240 DATE OF NOTICE:February 2,2023 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. Respectfully submitted, 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. File No. 218160 I IIIIIIII IIII IIII IIIII III)IIIII IIIII IIIII IIII IIIII IIII IIII SouthLaw,P.C. 13160 Foster Suite 100 Overland Park,KS 66213-2660 ,K February 2,2023 2514464 1 of 2 Iowa City Animal Control EM 41 City Clerk 410 E Washington St Iowa City,IA 52240 USPS TRACKING 2100 0900 0068 7003 2498 85 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Wednesday, May 31, 2023 1:41 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Fruehling Subject: Lawsuit Attachments: 20230531123256.pdf Please see the attached received today. Thanks, s 1 5,�VITA C I Ty ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW ICGOV.ORG DEPUTY CITY CLERK 4 ^ 0 4 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 i E-FILED 2023 MAY 03 4:57 PM JOHNSON - CLERK OF DISTRICT COURT r. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, CASE N0. W 019 6 L[ 3 Plaintiff, ORIGINAL NOTICE, vs. MAXWELL E. OSTBY, SPOUSE OF MAXWELL E. OSTBY, MOLLY JO ROSS, w BRIDGET MUELLER, IOWA DEPARTMENT OF HUMAN —_ SERVICES, CAPITAL ONE,NATIONAL - - ASSOCIATION AS SUCCESSOR IN INTEREST TO CAPITAL ONE BANK 3 (USA)NATIONAL ASSOCIATION, DIRECT PUSH ANALYTICAL CORP,, = CITY OF IOWA CITY, AND PARTIES IN POSSESSION, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): C '" OP MOM 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, calf the disability coordinator at 31'9-398-3920 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. - E-FILED 2023 MAY 04 10:27 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV084343 County Johnson Case Title NEWREZ DBA SHELLPOINT VS MAXWELL E. OSTBY, 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�vw.ioxvaeourts.state..ia.us/E:tile 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•w.lekis.Iowa.ovidoes/ACOICouitRiiiesChapterr16.pff. 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 ww%\,.ioNvacourts.i=ovr'for-t lie-public/rciresenting_yraui-,el.1/protect-personal-information/. Scheduled Hearing LJJ 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(1-800-73 5-2942). For more information, see �wn�,iQ��r:iratsrts.gnvlfor-tliC-Liukiliclzd:>1. Disability access coordinators cannot provide legal advice. Date Issued 05/04/2023 10:27:33 AM ter. District Clerk of Court or/by Clerk's Designee of Johnson County Is/Christine Roselund E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT r IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, CASE NO. Plaintiff, FORECLOSURE PETITION VS. MAXWELL E.OSTBY, SPOUSE OF MAXWELL E.OSTBY, MOLLY JO ROSS, BRIDGET MUELLER, - _ -- - IOWA DEPARTMENT OF HUMAN - SERVICES, CAPITAL ONE,NATIONAL ASSOCIATION ?AS SUCCESSOR IN INTEREST TO CAPITAL = ONE BANK(USA)NATIONAL - = ASSOCIATION, DIRECT PUSH ANALYTICAL CORP., r T CITY OF IOWA CITY, 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: I. 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. IA230083 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 4 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. 4. Maxwell E.Ostby and Spouse of Maxwell E.Ostby may be a married couple. 5. The Defendant-Borrower(s)executed a certain promissory note(Note).By executing the Note,the Defendant-Borrowers)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-Borrowers)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-Borrowers)is the principal balance of$96,511.25,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. 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. IA230083 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 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 limited to, the right, title or interest described below (defendant's name:type of potential interest(case no./recording info.)}: 20.1. Molly Jo Ross:Child Support(Case No.CDDM016430) 20.2. Bridget Mueller:Child Support(Case No.CDDM014301) 20.3. Iowa Department of Human Services:Child Support(Case No.CDDMO14301 and CDD,ti1016430) 20.4. Capital One,National Association as Successor in Interest to Capital One Bank(USA)Natit nrd Association:Judgment(Case No.SCSC084583) 20.5. Direct Push Analytical Corp.:Judgment(Case No. SCSC085228) 20.6. City of Iowa City:Judgment(Case No.CCISC095979) 21. Any right,title,or interest any of the Defendants may have to the Mortgaged Premises is j unior 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.alien upon the Mortgaged Premises from the date of the Mortgage; W C. That the Court declare the Mortgage prior and superior to any right,title, lien.,or interest' j of any of the Defendants in or to the Mortgaged Premises; D. That the Court order the Mortgage foreclosed; !. ;•� IA230083 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 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, 1, That the Court grants such further relief it deems just and equitable. THE SAYER Law GROUP,P.C. By: 4t Brian G.Sayer A' 6893 ;K5-3-)3 C.Morgan 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 c IA230083 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT Exhibit A LOT 193 IN PART FIVE,HOLLYWOOD MANOR ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13, PAGE 18, PLAT RECORDS OF JOHNSON COUNTY, IOWA E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT WExhibit B. NOTE JANUARY 13, 2009 IOWA CITY IOWA (Dote] (City) (Scale] 1678 BURNS AVE, IOWA CITY, IOWA 52240 (ptopeny Addraa] 1. BORROW IRS PROMISE TO PAY In return for a loan that I have rtecived, 1 promise to pay U.S, S 126,000.00 (this amount is called"Principal'),plus interest,to the order of the Lender. The Lender is PULASKI BANK, A FEDERAL SAVINGS BANK I will make all payments under this Note in the forth of cash,check or money order, 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is erutilled to receive payments under this Nate is called the"Note Holder," 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest at a yearly rate of 5.000 %. The interest rate required by this Section 2 is the rate 1 will pay both before and alter any defhult described in Section 6(B)of this Note. t 3, PAYMENTS (A) Time and Place or Payments I will pay principal and interest by making a payment every rnandl. [will make my monthly payment on t]tc let day of each month beginning on MARCH 1 , 2009 1 will make these payments ovary month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note, F,ach monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on FEBRUARY 1, 2039 , I still owe amounts under this Note,1 will pay those amounts in full on that date,which is called the"Maturity Date." 1 will make my monthly payments at 12300 OLIVE BLVD, ST, LOUIS, MISSOURI 63141 -_, or at a different place if required by title Note Holder. (B) Amount of Monthly Payments My montbly payment will be in the amount of U.S. S 676.4 0 4. BORROWERS RIGHT TO PREPAY - have the right to make payments of Principal at any time before They are due. A f+symont of Principal-only is known as a"Prepayment." When I make a Prepayment. I will tell the Note Holder in writing that I ern doing so. 1 nmy not designate It payment as a Prepayment If I have not made all the monthly paymcws due under the Note. I may make a full Prepayment o:partial Prepaymenu without paying o Prepayment charge. The Note Halder will use my Prepayrncn;s to reduce the amount of Principal that 1 owe under di is Now. HQwevL'r, the Nate Holder may apply my Prepayment to the accrued and unpaid interest on the Prcpaymcnt amount, before applying my Prepayment to reduce the Principal amount of the Note. if I make it partial Prepayment, there will be no changes in the due date or in the Amount of my monthly payment unless the Note Holder agrees In writing to those changes. 5. LOAN CHARGES tf n taw, which Cpplics 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; M WISTATE F)XEJ RATE NOTE-5inrrggle FariIy Fartnia ManfFre d a Mac UNIFORM 1NSTRUMEN7 Pogo t of 3 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT l and(b)any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder maycboose 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 PRymenu If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, i will pay a late charge to the Note Holder. The amount or the charge will be 5.000 %of my overdue payment or 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 1 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 Dote Ilolder 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 it)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 difrerent 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 sirncd 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 I f 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 (he 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 Itungs. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of I h i s Note, ii also obligated to keep all of the promises mode 1n ibis Nate. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that arty one or us maybe required to lay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. ".Malice of Disiiono, means the right to require the Note Holder to give notice to other persons that amounts due hiive not been i 6d- 10. UNIFORM SECURED NOTE , This Note is a uniform instrumenl with limited variations in somejurisdict[on$, In addition to the prblections given to the Note Ilolder under this Nola,a Mortgage, Deed of Trust,or Security Deed(the"Security Instrument".), dated the same date as this Note, protects the Note Holder from possilsle losses which might result if I do ninl keep MULTISTATE FIX Ea RATE N07E_5ingfa Family Fannie Maelf reddle Mac UNIFORM INSTRUME►+1T Page 2 of 3 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT i the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required 10 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 shut] provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) (Seal) MAXWELL E -Borrower -Borrower pay to the wrdsr at (Seal) (Seal) -Borrower �r%xwf M ul •Borrower (Seal) (Seal) -Borrower -Borrower PAY TO THE ORDER OF: CITIMORTGAGE, INC. WITHOUT RECOURSE PU SKI BANK, A FEDERAL SAVINGS BANK Y. (Sign Original OnIji) ITS:,,VO MULTISTATE FIXED RATE NOTE-Sin gqle Famllyy la nl Mac UNIFORM iNMUM E14T Page 3 of 3 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT Exhibit C. 000 ID: 0213633500:6 TVAe: OEM Asvorded: 01/23/2009 at t2:64:14 Pr Fee Amt; Pane 1 of to Johnson County ova Kim PaLnter County Recorder 131(4384 P 401-416 This Instrument Prepared By: Jayne Chrisjohn Pulaski Bank Home Lending 6600 Coils a Blvd. Suite 200, Overland Park, K$ 66211 - After Recording Return To: PULASKI BANK 12300 OLIVE BLVD ST. LOUIS, MISSOURI 63141 Address Tax Statement To: PULASKI BANK 12300 OLIVE 13LVO ST. LOUIS, MISSOURI 63141 [Space Above Thls Line For Recording Datal 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 JANUARY 13, 2009 , together with all Riders to this document. (B) "Borrower"is MAXWELL E OSTBY AND MOLLY JO OSTBY, HUSBAND AND WIFE i Borrower is the mortgagor under this Security Instrument. (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 under the laws of Delaware,and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel Lender information is located on Page 2 of this document. Legal description and parcel identification number located on page 3 of this document. t • n &LWy—Fannla Mae/Fieddie Mac UNIFOW INSTRUMENT-MERS Page t of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT I (D) "Lender"is PULASKI BANK Lender is a FEDERAL SAVINGS BANK organized and existing under the laws of MISSOURI Lender's address is 12300 OLIVE BLVD, ST. LOUIS, MISSOURI 63141 (E) `,NQje"means the promissory note signed by Borrower and dated L ANUARY 13, 2009 The Note states that Borrower owes Lender ONE HUNDRED TWENTY-SIX THOUSAND AND 0011CG ❑ollars(U.S. $ 126, 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 FEBRUARY 1, 2039 (F) "Property"means the property that is described below under the heading"Transfer of Rights in the Property." (C) "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]: 0 Adjustable Rate Rider [] Planned Unit Development Rider Balloon Rider Biweekly Payment Rider 1-4 Family Rider [] Second Home Rider Condominium Rider Other(s)[specify] (1) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations, ordina#tces and administrative rules and orders(that have the effect of law)as well as all applicable fmal, non-appealable judicial opinions. (J) 'Community Assnclatlorr Dues,Fees,and Assessments"means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condotninium association, homeowners association or similar organization. i (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 proaseds 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)condemnution 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. ly-FannIe MaeVFroddfe Mac UNIFORM INSTRUMR4T-MORs Page 2 of 18 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT (0) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security instrument. (P) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. §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. (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 she 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,wish power ❑f sale,the following described property located in the COUNTY of JOHNSON [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 193 IN PART FIVE, HOLLYWOOD MANOR ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13, PAGE 38, PLAT RECORDS OF JOHNSON COUNTY, IOWA , which currently has the address of 16 7 B BURNS AVE [Street] IOWA CITY , Iowa 52404 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, 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 aniy 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 IQ1M1lA a FemfEy--Fannie MAWFreddIa Mac UNIFORM INSTRUMENT-MERS Page 3 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT and sell the Property;and to take any action required o£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 convcy the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will derend 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: I. 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 I 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 or the following farms,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 1 S. 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 obIigaled to apply such payments at the time such payments ere accepted. If each Periodic Payment is applied as or its scheduled due date,then Lender need not pay interest on uriapplicd funds. Lender may hold such unappiied 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 malting payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. Z. Appllcatkin of Payments or Procecds. Except as otherwise described in this Section 2, all payments accepted and appIicd by Lendcr sltaI I be applied in the fallowing order of priority:(a)interest duc under .he Nate; I (b)principal due under the Note; (c)arnounts duu under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it bee ame due. Any rem ain ill 9 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 paymem and the late c'.ia;ge. If more than one Periodic Payment is outstunding, 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 Paymcnis, 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. I A.. I Q 10 F mIly-7 Fan nia MaelFreddia Mac UNIFORM IMi I RaMl3JT-MERS Page 4 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT I An application or payments,Y pp p yments, insurance proceeds, or Miscellaneous Proceeds to principal due tinder the Note shall not extend or postpone the due date, or change the aimount, of the Periodic Payments, 3. Funds for Escrow Iterns. Borrower shall pay to(,ender on tht day Periodic Payments are due under the Note, until the Note is paid in full, a Sur l (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 lo. `f hcsu items are calied"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fccs,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 Barrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Harraw&$obligation to pay to Lender Funds for any or all Escrow Items at anytime. 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. BarrowLi-'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 Instrutncnt, 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 tinder Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lendcr 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 IS 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.al any time,collect and(told ruttds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under Rf:. P& 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 Inter 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 liens,unless Lender pays Borrower interest on the Funds and Applicnble Law permits Lender to make such a charge. Unless an agreement is made in writing ar 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 cast agree in writing, however, that interest shall he paid on the Funds. Lender shall give to norrower, 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 s;norlage 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 tltan 12 monthly payments. If Chore 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 thrin 12 monthly payments. �Ity'"Fannit Maelriwdie Mac UNIFORM INSTRUMENT•MF_RS Page 5 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 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;Llens. Borrower shall pay all taxes, assessments,charges, fines,and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien ' while those proceedings are pending, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of(lie 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. S. 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 S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the (Vote rate from the date of disbursement and shall be payable, with such interest, upon notice frrom 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. ty-•Fannie Mae/Freddie Mac UNIFORM-INSTRUMENT-MERS Page tt of t a i E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lass 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 1 or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, 1 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, 1 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 shull 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 Properly, 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 or 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 or the Property. Lender may use the insurance proceeds eillter 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, Malntenance 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 I Iirlrrower is residing in the Properly, Borrower shall mainizin the Property in order to prevent the Property from deteriorating or decrying in value due to its condition. Unless it is determined pursuant to Section S thal repair or restoration is not economically feasible, Borrower shall promptly repair the Properry 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 it 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 orsuclt repair or restoration, Lender or its agent may snake reasonablecntrias upon and inspeations 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 lime 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 or 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 i — Ily••Fannie MaelFroddlo Mae UNIFORM INSTRUM ENT.MERS Page 7 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT i 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 Lendcr'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 condemn#ion 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 andlor assessing the value of the Properly, 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 fin 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 tmder 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 j 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 rrom the date of disbursement and shall be payable,with such inierest, 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 ree title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage lasuranee, irLender required Mortgage Insurance as it condition of making the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. it,, For any reason, the Mortgage insurance coverage requiredby Lender ceases to he 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 or 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 du when the insurance coverage ceased to be in effect, Lender will accept,use and retain these payments as a non-rettindable loss reserve in-liett of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the feet that the Loan is ultimately paid in full,and Lender shell not be required io pay Borrower any interest or earnings on such lass 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 or 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 Borrowers obligation to pay interest at the rate provided in the Note. �Ily--Fannie MoNFrWdle Mae UNIFORM INSTRUMENT•MER3 Page 8 of 18 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 1 t Mortgage insurance reimburses Lender(or any entity that purchases cite 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 at]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). j 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 aftihi ate 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 Ilomeowners 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 or Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to I and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration ortepair 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 worst 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 bu 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 scoured 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 laking,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 tQwA 1n aFamtiy--FannlaMaelFreddieMacUNIFORMiNSTRUMENT-MERS Ngs 9 of 16 I E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT secured immediately before the partial taking, destruction,or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument,whether or not then due, "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun That,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest In the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not it 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 or 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. 3ofIII and Several LIahlIliy;Co-signers;Successors and Assigns Bound. Borrower covenaniss and agrees that Borrower's obligations and liability shall bejoinI and several. However,any Borrower who co-signs(his Security '. Instrument but does not execute the Note(a"c"gna"):(a)is cosigning this Security Instrument only to mortgage, 1 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 lnstniment in writing, and is approved by Lender,shall obtain ell 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 1 default, for the purpose of protecting Lender's interest in the Property and rights under this Security lnstrutnent, including, but not limited to,attorneys' fees, property inspection and vaivalion fees, In regard to any other fees,the absence of express authority in this SecurityInstrument to charge a spvc-ific: 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. IOWA.-Sinnia Family.-Fannio Mae/Fraddie Mao UNIFORM INSTRUMENT-MERS Page 1 d of 18 1 E-FILED 2023 MAY 03 4:57 PM JOHNSON-CLERK OF DISTRICT COURT 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 makings 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 on one Borrower shall!;onsIitutc notice io all Borrowers unless Appii cab)c 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 10 Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement wider 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 tnstrumerit or the Note conflicts with Applicable Law,such conflict shall not affect otl=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 mesa 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 Properly 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 Socurity Instrument. However,this option shall not be exercised by Leader 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 36 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 i IOWA„ Stele Family-Fannie MeelFreddis Mac UNIFORM INSTRUMENT•€ EMS Page 11 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 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)rive days before sale orthc Property pursuant to any power of sale contained in this Security Instrument; (b)such other period w Applicable Law might specify for ilia terminalion of Borrower's right to reinstate;or(c)entry ofa judgment enforcing this Security Instrument. Those conditions are Ili-at Borrower:(a)pays Lender all sums which then would be due under this Security instrument and the Note as it no acceleration hod occurred; (b)cures any default of any other covenants or agreements; (c)pays alt expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation leas, and other fees incurred for the purpose of protecting Lender's interest in the Property tend 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 I h i s Security. Ins(rument,and Borrower's Obligation to pay the sums secured by this Security Instrument,sltalI cantinue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more arthe following Forms, as selected by Lender:(a)cash;0)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 andobligailons secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinslate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Crlevance. 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 f 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 wiII be given written notice of the change which will stale the name and address of the new Loan Servicer, the address to which payments should be made and any other informatian RE5PA requires in connection with a notice of transfer of servicing. If the Nose 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 n class)that arises from the other pariy'a 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 incompliance with the requirements of Section 15)of such alleged breach and affordcd the other party hereto a reasonable period after the giving arsuch notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that lime period will be deemed to be reasonable for purposes or 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 tax ic or hazardous substances, Pot lu[all ts, 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 malerials; (b)"Environmental Law" means federal laws and laws of the jurisdictian whcre the Property is located that relate to health,safety or environmental protection; I ! I F t!y»Fannla MaolFraddla Mae UNIFQRM INSTRUMENT-MF.RS Page 12 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT (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 chatt 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 i.aw, 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;(e)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 lit lire 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 eirtltled to co0ft-t 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 ail 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. I •-Sin la Famlly—Fannie MaalFroddle Mac UNIFORM INSTRUMENT•MFRS - -- Page 13 of t e E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 25. HOMESTEAD EXEMPTION WAIVER. 1 UNDERSTAND THA'r 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 FORTHIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPONTHIS MORTGAGE. M�CWLL OST13Y Date M7L JQ Date Date Date Date D�alc: I 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 front 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 redempliOTT 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 lowa. �Tlly--Fannio MaeJFreddie Mac UNIFORM INSTRUMENT•:MERS Page 14 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT 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 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. (Scat) Seal] MF„YW11Ljd _ .Forrower VOLLY J0 (IS mower I (Seal) Seal -Borrower B0rT0wcT Sea! .Borrower -Borrower J V� �n tJ Witness: Witness: !n I tly-•Farwle MaelFroddle Mac UNIFORM INSTRUMENT-MFRS Page 15 of 16 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT (Space Below Thle Llne For Acknowledgment) state of IOWA ) ss' JOHNSON } County of ) 13Lh January 2009 On this—_ day of , A.D., , before me, personally appeared MAXw LL P, OS'I`BY AND MOLLY JO OSTBY, HUSBAND & WIFE to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed, SHERRY JRUNGE Commlesl nNumber731Tt4l MV CEXPIM � 1 lay6c Stat of Iowa aliz- (Seal, if any) My commission expires: ilyFannla MaefFreddle Mac UNIFaRM INSTPUMENT Page 15 of 18 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT Page 1 of 1 Exhibit D Doe ID: 02SDB9300001 Type; a6N Kiodt ABsI(b mN7 pawrded• 08 1a 2018 at 10:04r15 AM Fee.Rots page i of i JoMsan County rave Klm PaaOtar county Alworder BK5.{159 P0!J 5G After Recordation Return By Mall To: This form was prepared by: CT LIEN SOLUTIONS CITIMORTGAGE,INC PO BOX 29071 SHANNON WALLACE GLENDALE CA 91209-9071 1000 TECHNOLOGY DRIVE,MS 321 O'FALLON,MO 63368-2240 ASSIGNMENT OF MORTGAGE ASSIGNMENT Is made as on �`J—I 3 by Mortgage Electra No Rsgistrs tic n Systems,Ino. as nominee for Pulaski Bank its successors and assigns, (Assignor),whose address is P,O.Sox 2026,Flint,MI, 4WOl-2026,to CItlMortgage,Inc, (Assignee),whose address Is 1000 Technology Drive,O'Fellon,MO,63360, FOR VALUE RErCEIVED,Assignor does hereby grant,bargain,sell,assign,transfer and set over to Assignee,a certain Modgage executed by Maxwell E Ostby and Molly Jo Ostby in favor of MarVage Electronic Reglstration Systems,Ino,as nominee for Pulasld Bank-Its successors and assigns dated 0111=DO9 and Originally Recorded On:01 i2312009,in Boolc 4384 Page:401 In[he Recorder's Offx:e of Johnson County,Iowa, PIN:1023286002 TO HAVE AND TO HOLD the same unto said Assignee and Its successors,legal representatives and assigns forever. IN WITNESS WHEREOF,the Assignor duly executed this Assignment as of the date firat above written, Mortgage Eleotronio Registration Systems,Inc.as nominee For Pulaski Bank Its successors and assigns :S ndra West Pant Secretary STATE OF MISSPU I,ST,CHARLES COUNTY On berore me,the undersigned,a notary public,In and for said state, personalty app ndra West,Rsalstant Secrotary of Mortgage Electronic Registration 8y2teme,Ina. as nominea foir P,laskl Bank Its successors and ass Igna personally known to me or proved to me on the basis or satisfactory evidence to be the Individual whose name is subscribed tgq4he within Instrument and acknowledged to me that halshe executed the same In hisfher aapacity,a fiat by h nature on the inshumerg,the individual,or the person upon behalf of which the Indtvkfu oted,ox d e tnstrurne A>t7 ygy t Public ax dra xewskl 5'lal0a?,Fsfid�il. C°r" dpe°d{0C tP �,B n Expl a:0712=016 1�Co6A+�h�n tlu 1 • Page M 2 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT Page i of t BK.5666 PG. 221 Recorded:filZzrzoi7 at 3:50:06.340 PM Pee Amount:" Revenue Tax: Kim Painter RECORDER Johnson County,Iowa When Recorded Return To: s OtlMortgage,Tne. - CIO Nationwide Title Clearing,Inc. 2100 AR.19 North Palm Harbor,FL 346f13 Document Prepared By: 'r1 E.LancelNTC,2100 AIL 19 North, Nirnifill-horitL 34683 • . - t:7 ASSIGNMENT OF MORTGAGE FOR GOOD AND VAWAIIIZ CONSIDERATION.the sufficiencyy of which is hembyacknawWggeed,the ujidersiggnned, CITIMORTGAGP, INC., WHOLS11 ADDR[i5S IS lotto TECHNOLOGY DRIVE, OTALLON, M( 6M68, (ASSIGNOR),by those presents does eouvey,grrutt,assign,transfe,•and set over tic described M gnge with all interest secured thereby, all liens, and any ngJtis Line or to become due thermrr to MORTCAAGT'. ELECTRONIC REGISTRATION SYSTEMS,INC.,(ASSIGN BE)NEWS Addressr P.O.Box 204 Flint,Mlchlgen 48501-2026). Said Moregngc I?M dated 01I MM9,executed by i11AXWrLL I. OSTRY AND MOLLY JO OSTRY (grA"ter) to HoirrCAG1"s ELECTRONIC REGISTRATION SYSTS,IhtC.,AS NOMINCE FOR PULASM 13 K,ITS SUCCESSORS AND ASSIGNS(grantee.)and recorded in lloolc d3 4.1'age 40Laix1 Nc ff 02nW5g0If,in tht:office of the Rceordcr oI JDBNSON Camty.Sines of jy�{w . Dated this 11st day of June In the year 2017 CITI11•IORTGAGE,INC. '�. I �j d� AMANDA JON VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this docruneut and suppovi og documenimiott prior to signing. STATE OF FLORIDA COUNTY OF PINELLAS The Foregoing instrument was acknawle*d before me on this 21st day of Juno in the you 2D17,by Amanda Jones as VICE PRESIDENT of CITIMORTGAGE.INC.,who,as limb VICE PRESIDENT being authorized to do so,executed the forcgaing instnamottt for the purposes therein contained.Helshehltey is(am)personally kmrwn to rne. ELVMETH A MUSTARD Notary Nblb•Slate of Florida ti Cann.E AtQ *C� F A. A D gOTARV OLICCtZ12P1S IItFS:OS/2762.019 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT DOC ID: 032013840001 Type: GEN Kind: ASSTWENT AWrded: 12 20/2022 at 02:31.56 PM Paqe 1 of 1 Johnson County Iowa Kim Painter County Recorder BK6448 Pe834a PRSPARI:I7 BY:KAYLA DL4NE SrANTON PIRSTAMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY, IDAI10 FALLS,ID 83402 WHHN RECORDED MAIL TO:F1R5T AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY,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 located at P.O. BOX 2026, FLINT,MICHIGAN 48501-2026, Assignor, does by these presents grant, bargain, assign, transfer,and set over unto NEWREZ LLC DIBIA SHE LLPOINT MORTGAGE SERVICING located at 55 BEATTIE PLACE,SUITE 110,MS9001,GREENVILLE,SC 29601,Assignee,its successors and assigns,all Assignor`s right,title, and interest in and to that certain Mortgage dated JANUARY 13, 2009, executed by MAXWELL E OSTBY AND MOLLY JO OSTBY, HUSBAND AND WIFE, Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS'},AS MORTGAGEE,AS NOMINEE FOR PULASKI BANK,ITS SUCCESSORS AND ASSIGNSS Original Mortgagee,and recorded in the Office of the County Recorder for JOHNSON County,State of IOWA, In Book 4384 at Page 401, AS DESCRIBED IN SAID DEED OF TRUST 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. DEC 0 9 2022 IN WITNESS WHEREOF,the undersigned has caused this Instrument to be executed on _ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS4KALA I✓RS" MORTGAGEE ANE STANTON,VICE PRESIDENT STATE OF SOUTH CAROWNA C TY F NVI )L E )ss, On DF� �9�fl22 before me, i an �eern �W$ � , personally appeared KAYLA DIANE STANTON known to me to be the VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,.INC. ("MERS'% AS MORTGAGEE the corporation that executed the instrument or the person who' executed he i mgnt on behalf of said corporation,and acknowledged to me that such corporation executed the same. 11 (COMMISSION ICXP. NokiryPditSmofsoulhCN*W } W Commbilon EXON 0310312031 NOTARY PUBLIC Page I of 1 4 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT Eibibit E Shallpolnt Mortgage Servicing P.O.Box9103 PRESORT Temecula,CA 92589-9103 Flra1-Class Mail U.S.Postage and Fees Paid 7 1074 WS0 Send Payments to: Shellpolnt Mortgage Servicing P,O.Box660840 Dallas,TX 762WO840 Send Correspondence to: Shellpoint Mortgage Servicing P.O.Box 10826 Greenville,SC 29603 MAXWELL E OSTBY 1678 BURNS AVE IOWA CITY, IA 52240-5835 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT P.O.Box 10826 Crcenvi11c.SC 71)6 'i shellpDint Sent Via First-Class Mail@ 12/12/2022 MAXWELL E OSTBY 1678 BURNS AVE - IOWA CITY,IA 52240-5835 Property Address: 1678 BURNS AVE IOWA CITY, IA 52240 Dear MAXWELL E OSTBY: This letter is formal notice by Shellpoint Mortgage Servicing, the Servicer of the above-referenced loan acting on behalf of NewRez LLC d/b/a Shellpoint Mortgage Servicing, that you are in default under the terms of the documents creating and seciu•ing your Loan described above, including the Note and Deed of Trust/Mortgage/Security Deed("Security Instnimene'),for failure to pay amounts due. You have a right to cure your default. To cure the defatA you must pay the full amount of the default on this loan by 01/16/2023 (or if said date falls on a Saturday,Sunday, or legal holiday,then on the first business day therea.fter). Failure to cure the default on or before this date nlay result in acceleration of the stuns secured by the Security lnstruiment, 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$32,565.23, which consists of-the following; Next Payment Due Date: 05/01/2020 Total Monthly Payments Due: $32,383.77 05/01/2020 at $990.15 06/01/2020 at $980.l5 07/01/2020 at $980.15 08/01/2020 at $980.15 09/01/2020 at $980.15 10/01/2020 at $980.15 I 1/01/2020 at $980.15 12/01/2020 at $1,012.62 01/01/2021 at $1,012.62 02/01/2021 at $1,012.62 03/01/2021 at $1.,012.62 04/01/2021 at $1,012.62 05/01/2021 at $1,012.62 06/01/2021 at $1,012.62 07/0.1/2021 at $1,012.62 08/01/2021 at $1,012.62 09/01/2021 at $1,012.62 10/01/2021 at $1,012.62 Page t of 23M61074 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 11/01/2021 at $1,012.62 12/01/2021 at $1,027,99 01/01/2022 at $1,027.99 02/01/2022 at $1,027.99 03/01/2022 at $1,027.99 04/01/2022 at $1,027.99 05/01/2022 at $1,027.99 06/01/2022 at $1,027,99 07/01/2022 at $1,027.99 08/01/2022 at $1,027.99 09/01/2022 at $1,027.99 10/01/2022 at $1,027,99 11/01/2022 at $1,027.99 12/01/2022 at $1,035.40 Late Charges: $101,46 Corporate Advance Balance: $80.00 Unapplied Balance: 10,00 TOTAL YOU MUST PAY TO CURE DEFAULT: $32,565.23 You can cure this default by making a payment of 932,565.23 by 01/16/2023. .Please note any additional monthly payments, late charges and other charges that may be due under the Note, Security Instrument and applicable low after the date of this notice must also be paid to bring your account current. Y'ou may contact our Loss Mitigation Department at Monday - Friday 8:00AM to 9:OOPM and Saturday 8:00AM to 1:00PM to obtain updated payment information. You may also visit our website Www.shellpointmCg.corn. 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 adch-ess with your payment and send to: Shellpoint Mortgage Servicing P.O.Box 650840 Dallas, TX 75265-0840 Overnight: Shellpoint Mortgage Servicing 75 Beattie Place Suite LL202 Greenvi.lto,SC 29601 If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and reinstatement amount,you may contact its by calling To the extent your obligation has been discharged or 6, 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, Shellpoint Mortgage Servicing 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 alternative to.foreclosure,If.you would like to learn more about these programs,you may contact Tara Zepeda at ,Monday-Friday 8:OOAM to 9:0013M and Saturday 8:00AM to 1:00P.M to discuss possible options, You may also visit our website www,shellpointmtg.cona.WE ARE VERY INTERESTED IN ASSISTING YOU. Page 2 v 3 2375361a74 E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT 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. Newrez LLC dba Shellpoint Mortgage Servicing is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Newrez LLC dba Shellpoint Mortgage Servicing's NMLS m is= 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 Shellpoint Mortgage Servicing. Attention Servicemembers and Dependents: Servicemembers on active duty, or a spouse or dapendcynt of such a servicernetnber, may be entitled to certain protections under the Servicemembers Civil Relief Act ("SCRA")regarding the servicemember's interest rate and the risk of the 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 bave been wi"n the last twelve(12) months,AND joined after signing the Note and Security Instrument not is default, please notify Shellpoint Mortgage Servicing irmmedintcly. When wntacting Shellpoint Mortgage Servicing 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, and Armed Forces Legal Assistance h ;Ille ala ci tunce.law.afmil), and through HUD-certified housing counselors (http:+'/aPl)s.hud.gov/oCFiccgftesfli/hcc,,41cs.efiii), You can also contact Tara Zepeda toll-free at ® if you have questions about your rights under SCRA. For your benefit and assistance,there are government approved homeowners€tip counseling agencies*signed to help homeowners avoid losing their lionies. To obtain a list of approved counseling agencies,'.please call or visit htip.-//apps.liud.gov/offieevlisgisfb/lice/hcs.r.fTn. You may also contact the Homeownership Preservation Foundation's Hope hotline at This matter is very important.Please give it your immediate attention. Sincerely, Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603 For more information, visit wWw,shellpointmtg,com, You. may also email Tara Zepeda at lossmitigation@sliellpointititg.com, Page 3 ai 3 2375361074 E-FILED 2023 MAY 03 4:57 PM JOHNSON-CLERK OF DISTRICT COURT Exhibit F IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, CASE NO. Plaintiff, AFFIDAVIT FOR ATTORNEY FEES VS. ; MAXWELL E.OSTBY, SPOUSE OF MAXWELL E.OSTBY, - MOLLY JO ROSS, BRIDGET MUELLER, IOWA DEPARTMENT OF HUMAN SERVICES, CAPITAL ONE,NATIONAL ASSOCIATION AS SUCCESSOR IN INTEREST TO CAPITAL ONE BANK(USA)NATIONAL ASSOCIATION, DIRECT PUSH ANALYTICAL CORP., 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 attorney's fees prayed for herein are for services rendered and to be rendered by ine as attorney for the Plaintiff in this action;that there has been no agreement,express or implied,between me and any other person or persons except other practicing attorneys engaged with me in this action,for a division or sharing of the attorney's fees prayed for herein. I Date:05/03/2023 yAttiey Ewing S=3r the Plaintiff Acknowledged before me on this 31 day of May,2023, Notary Public in d f the State of Iowa �aR��zs 'ALONDA P.GIVENS' _ t?(]MM15810N Np,844458 '� IOWA My tM arr x�i�� E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT Exhibit G LAW GROUP, PC 925 E.4th Street,Waterloo,IA 50703 1 p.319.234.2530 f.319,232.6341 sayerlaw.com April 18,2023 Maxwell E.Ostby 1678 Burns Ave. Iowa City,IA 52240 Property address 1678 Burns Ave.,Iowa City,IA 52240 Current creditor/servicer name Shellpoint Mortgage Servicing Current creditor/servicer address 55 Beattie Pl.#005 Greenville,SC 29601-2743 Dear MORTGAGOR: Shellpoint Mortgage Servicing,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 $ 96,511.25 Interest $ 14,892.03 Escrow Advance $ 10,502.25 Other Fees $ 1,826.46 ACCELERATED BALANCE DUE $123,731.99 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 May 2, 2023, additional amounts may become due and payable under your Note and Mortgage. Sincerely, Default Achninistration Department The Sayer Law Group,P.C. THIS 15 AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. E-FILED 2023 MAY 03 4:57 PM JOHNSON -CLERK OF DISTRICT COURT f Exhibit .H 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. ?a �Dle i V vailab 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. v Please call 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 f 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 today or go to lowaMortgageHelp.com. This free call could save your home. , Iowa Mortgage Help www.IowaMortgageHelp.com 1 This notice Is being provided as required by Iowa Code section 654,4B(2). i END OF CASE FILE Kellie Grace From: Kellie Grace Sent: Monday, September 11, 2023 10:00 AM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: Foreclosure Decree Attachments: Foreclosure Decree.pdf Attached. wnISWACITY A UNESCO CITY OF LITERATURE 'Kellie cyrace, Me City Clerk office:319-356-5041 410 E Washington St, Iowa City,IA 52240 WWW ICGOV.ORG 0C) 00 ' FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at 1CG0V.0R6IFAREFRFE 1 Public records from the Iowa District Court are available on the internet at www.iowacourts.gov. Fines for traffic citations, civil infractions and criminal cases can be paid via the Pay Fines Online link at the above web address. Have you moved or changed your name? If so, please complete the following and return to: JOHNSON COUNTY CLERK OF COURT 417 S CLINTON ST IOWA CITY IA 52240-4108 New name and/or address: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------- JOHNSON COUNTY CLERK OF COURT 417 S CLINTON ST IOWA CITY IA 52240-4108 Lo CITY OF IOWA CITY cn 410 E WASHINGTON ST C, IOWA CITY IA 52240-1825 ****** IMPORTANT NOTICE - READ THIS INFORMATION ***** NOTICE OF ELECTRONIC FILING OR PRESENTATION [NEF] A filing has been submitted to 06521 EQCV084343 the court RE: Judge: Official File Stamp: 09/01/2023 10:37 AM Court: JOHNSON Case Title: NEWREZ LLC ET AL VS MAXWELL E. OSTBY, ET AL- Document(s)Submitted: DDOT-Other Decree FORECLOSURE DECREE Filed by or in behalf of: IAN THORNHILL You may review this filing by clicking on the following link to take you to your cases. This notice was automatically generated by the courts auto-notification system. The electronic filing system has served the following people C. ANTHONY CRNIC, III for NEWREZ LLC, SHELLPOINT MORTGAGE SERVICING CARL MORGAN LASLEY for NEWREZ LLC, SHELLPOINT MORTGAGE SERVICING DAVID D BURBIDGE for MOLLY JO ROSS JANELLE GRACE EWING for NEWREZ LLC, SHELLPOINT MORTGAGE SERVICING JOSEPH T MORELAND for BRIDGET ELIZABETH FEAGLER MAXWELL ERICK OSTBY MOLLY JO ROSS by DAVID D BURBIDGE ANKENY CHILD SUPPORT SERVICESUNIT PARTIES NOT SERVED BY EDMS The Iowa Electronic Document Management System has not served the following parties. Per rule 16.315(2), the filing party must serve a paper copy of the filed document(s) on the following parties in the manner required by Iowa Court Rules. CAPITAL ONE BANK USA NA CITY OF IOWA CITY DIRECT PUSH ANALYTICAL CORP IOWA DEPARTMENT OF HUMAN SERVICES PARTIES IN POSSESSION SPOUSE OF MAXWELL ERICK OSTBY cn U7 a, Note: The rules define the clerk of court as responsible for service of court-generated documents. Additionally on small claims cases that by statute can be served by certified mail, when the filer has selected and paid for certified mail in the electronic filing system or at the clerk of court office, the clerk of court is responsible for service of the original notice and answer and appearance by certified mail in accordance with the Code of Iowa. *The moving party or the individual who filed it is responsible for service of a document if it was not served by EDMS. That includes, but is not limited to, service of all petitions and original notices [rule 16.314(3)], service of documents on all parties seeking to intervene or nonparties [rule 16.319], service of all documents on non-registered parties [rule 16.315(2)], and service of all documents proposed for restricted access and filed under an order restricting access [rule 16.405(4)]. C e•+.a E-FILED EQCV084343-2023 SEP 01 10:37 AM JOHNSON • IA230083-I CLERK OF DISTRICT COURT Page 1 of 4 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, CASE NO. EQCV084343 Plaintiff, FORECLOSURE DECREE vs. w MAXWELL E. OSTBY, M BRIDGET MUELLER, IOWA DEPARTMENT OF HUMAN SERVICES, T CAPITAL ONE BANK(USA),N.A., F-' DIRECT PUSH ANALYTICAL CORP., AND CITY OF IOWA CITY, Defendants. BE IT REMEMBERED that on this day,the above-entitled cause coming before the Court, on Plaintiff's Motion for Judgment; and after inspection of the file and proofs of service,the Court finds that good and sufficient service of original notice has been had on the Defendants; and that the Plaintiff has also served the Defendants,Capital One Bank(USA),N.A., City of Iowa City, Direct Push Analytical Corp.,with NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT pursuant to I.R.C.P. 1.972(2)(a)by sending such Notice by ordinary mail to the last known address of the party claimed to be in Default and its attorney, if known; and more than ten days have elapsed since serving such Notice. Maxwell E. Ostby has filed an Answer and Demand for Delay of Sale herein. Bridget Mueller has filed an Answer herein. Iowa Department of Human Services has filed an Answer and Consent herein. The Court further finds that it has jurisdiction of the subject matter and parties to this action. The Court further finds,having reviewed the file,that issues are with the Plaintiff and that the Plaintiff is entitled to judgment and decree as prayed. Summary judgment is entered against Defendants Maxwell E. Ostby; Bridget Mueller; and Iowa Department of Human Services. Default judgment is entered against Defendants Capital One,National Association as Successor in Interest to Capital One Bank(USA) National Association,Direct Push Analytical Corp., and City of Iowa City. The Court further finds that the note and mortgage declared upon in the Petition are just, genuine, due and unpaid.The Court further finds that there is due and owing to the Plaintiff from the Defendants,Maxwell E. Ostby and Molly Jo Ostby,husband and wife,the principal balance of$96,511.25,plus interest in the amount of$15,333.82 to June 5, 2023 and at the rate of 5.0%per annum thereafter,late charges of$121.46, escrow balance of $10,502.25,bankruptcy fees of$802.50,bankruptcy costs of$267.50,property inspection of$180.00, reports of title$475.00, attorney fees $2,675.00,plus accruing costs and the costs of this action including, but not limited to, any and all advances made by the Plaintiff, and other costs between the time of the Foreclosure Decree and the time of the Sheriff's Sale, said amounts totaling the sum to which the Plaintiff is entitled to judgment. The Court further finds that the Mortgage declared upon is a lien upon the premises therein described and the improvements thereon,which lien is prior and superior to any right,title,lien, or interest of the Defendants or any of them therein. It is hereby decreed that the right,title and/or interest of each and all of the Defendants in and to the property which is the subject of this action is junior and subordinate to the right,title and/or interest of the Plaintiff in and to the property. E-FILED EQCV084343 - 2023 SEP 01 10:37 AM JOHNSON IA230083-1 CLERK OF DISTRICT COURT Page 2 of 4 The Court further finds that the premises is a one or two family dwelling and is not agricultural land as defined in Iowa Code Section 9H or 175.2, or used for agricultural purpose as defined in Iowa Code Section 535.13, or used for farming as defined in Iowa Code Section 175.2. The Court further finds that A DEMAND FOR DELAY OF SALE has been filed pursuant to Iowa Code Section 654.21 and that proper Notice was given pursuant to Iowa Code Section 654.20. Therefore,no rights of redemption will be allowed after Sheriff's sale and the purchaser at the sale is entitled to immediate possession of the property. The Court further finds that the Plaintiff has a valid, first, and paramount lien and that the priority of the junior lien holders should be established if there is a surplus remaining after satisfying the Mortgage and all costs including amount for advanced taxes, insurance, and attorney fees, and should be paid to the junior lien holders as their interests may appear. NOW, THEREFORE, IT IS HEREBY ORDERED,ADJUDGED AND DECREED that judgment be, and the same is hereby rendered, in favor of the Plaintiff and against the real estate described herein, in the amount of$126,868.78 as follows: Principal $96,511.25 Interest to 06/05/2023 $15,333.82 Late Charges $121.46 _ -- Escrow Balance $10,502.25 i -- Bankruptcy Fees $802.50 t„ Bankruptcy Costs $267.50 ;o. Property Inspection $180.00 ='° ? Title Reports $475.00 -n Attorney Fees $2,675.00 Total Due as of 06/05/2023 $126,868.78 together with interest on the principal balance from June 6, 2023 at the rate of 5.0%per annum until satisfied, court costs in this action,plus accruing costs and attorney fees, incurred after the date hereof 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 the Sheriff's Sale. IT IS FURTHER ORDERED,ADJUDGED AND DECREED that said judgment be, and the same is hereby declared to be, a lien upon the following-described real estate located in Johnson County, Iowa,to wit: LOT 193 IN PART FIVE,HOLLYWOOD MANOR ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13, PAGE 18, PLAT RECORDS OF JOHNSON COUNTY, IOWA IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Mortgage declared upon, dated January 13, 2009, which Mortgage was filed on January 23,2009, in BK 4384,PG 401-416 in the records for Johnson County,be, and the same is hereby foreclosed; that the right,title, lien, and interest of the Plaintiff in and to said mortgage premises and all improvements thereon be, and is hereby declared to be,prior and superior to the right,title, lien, and interest of the Defendants, or any of them, in and to said mortgaged real estate. E-FILED EQCV084343 -2023 SEP 01 10:37 AM JOHNSON IA230083-1 CLERK OF DISTRICT COURT Page 3 of 4 IT IS FURTHER ORDERED that Special Execution issue for the sale of the real estate, together with all improvements thereon, immediately upon entry of this Decree. That a Sheriff's Sale shall be held for the sale of said real estate and thereunder said real estate be sold for the purpose of paying the judgment rendered in favor of the Plaintiff.It is further ordered that no sale of the property shall take place until the expiration of a three month period from the date of entry of this Decree. That from and after the sale,under said special execution,the Defendants, and each of them, and all persons claiming by,through, and under them, are forever cut off,barred, and foreclosed of all right,title,lien, and interest to said mortgaged real estate. IT IS FURTHER ORDERED that a Sheriff's Deed issue immediately to the purchaser at said sale;that a Writ of Possession shall be issued under the seal of the Court directed to the Sheriff of Johnson County,Iowa, commanding them to put the purchaser at said sale, or their successor in interest, into immediate possession of the premises,pursuant to Section 654.20. If Plaintiff subsequently records an Assignment of Judgment,the Sheriff shall,upon demand of Plaintiff's Attorney, issue the Sheriff's Deed in the name of the Assignee. IT IS FURTHER ORDERED that this Court reserves jurisdiction over the parties and the subject of this action to set aside this foreclosure decree and reinstate the note and mortgage foreclosed upon if the same is requested by the holder of this judgment at any time prior to the Sheriff's Sale, following full reinstatement of the mortgage loan, foreclosed upon by Plaintiff. IT IS FURTHER ORDERED that the Court will retain jurisdiction over this action for all matters to produce merchantable title to the buyer at the Sheriff's Sale. Clerk to Notify. CA n M _r�r xy y� U1 O"1 E-FILED EQCV084343 -2023 SEP 01 10:37 AM JOHNSON CLERK OF ICT COURT Page 4 of 4 4�r�cP `y po State of Iowa Courts Case Number Case Title EQCV084343 NEWREZ LLC ET AL VS MAXWELL E. OSTBY, ET AL. _ Type: Other Decree So Ordered Ian K.Thornhill, District Court Judge, Sixth Judicial District of Iowa Electronically signed on 2023-09-01 10:37:20 LE') w I.w ****** IMPORTANT NOTICE - READ THIS INFORMATION ***** NOTICE OF ELECTRONIC FILING OR PRESENTATION [NEF] A filing has been submitted to 06521 EQCV084343 the court RE: Judge: Official File Stamp: 09/05/2023 09:41 AM Court: JOHNSON Case Title: NEWREZ LLC ET AL VS MAXWELL E. OSTBY, ET AL. NCCO-NOTICE OF COMPLIANCE TO CONVERSION ORDER RE Document(s) Submitted: EDMS REGISTRATION REQUIREMENT Filed by or in behalf of: You may review this filing by clicking on the following link to take you to your cases. This notice was automatically generated by the courts auto-notification system. The electronic filing system has served the following people C. ANTHONY CRNIC, III for NEWREZ LLC, SHELLPOINT MORTGAGE SERVICING CARL MORGAN LASLEY for NEWREZ LLC, SHELLPOINT MORTGAGE SERVICING DAVID D BURBIDGE JANELLE GRACE EWING for NEWREZ LLC, SHELLPOINT MORTGAGE SERVICING JOSEPH T MORELAND for BRIDGET ELIZABETH FEAGLER MAXWELL ERICK OSTBY ANKENY CHILD SUPPORT SERVICESUNIT PARTIES NOT SERVED BY EDMS The Iowa Electronic Document Management System has not served the following parties. Per rule 16.315(2), the filing party must serve a paper copy of the filed document(s) on the following parties in the manner required by Iowa Court Rules. CAPITAL ONE BANK USA NA CITY OF IOWA CITY DIRECT PUSH ANALYTICAL CORP IN REM REAL ESTATE IOWA DEPARTMENT OF HUMAN SERVICES 01) y M 1 cn M United StaFo�o�kr�l r 2023 5EP 08 1:43 AMp�IW" CLERK OF DISTRICT COWge 62 of 97 Nation af Park Service f ationaI Register of Historic Places Registratii`o"n orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State The mid-20th century(1940-1960) saw few new constructions and a handful of faeade modernizations. The 1877 Savings and Loan Building received a major renovation in 1940; the building was transformed from an opera house to a bank and office building. The resulting, almost severe faeade is relieved by an elegant, Art Deco entrance surround on the College Street entrance. The Airliner received a facelift in 1950. Constructed in ca.1888, the two-story,brick building was transformed into a Modern property in 1950 with a monolithic,monochromatic brick faeade broken only by a ribbon window. The building has been occupied by The Airliner(a favorite among university students) since that time. The Eldon Miller Building was constructed in 1955 and is an example of a mid-201h century,commercial infill property executed in the Modern style.The Bremer's building was constructed in 1964 following a fire that destroyed the business's 19' century building (Figure 09). The new building was designed by Des Moines architect William R. Wagner,who used an atypical setback to create a sense of enclosure and altered the building's physical relationship to the streetscape—a thoroughly Modern approach. In recent years, the Iowa City downtown commerical area has undergone a significant transformation. Some 14 buildings were lost between 2001-2018; 11 of the 14 dated to more than 50 years of age, with 2 of the 14 constructed as part of the City's urban renewal program (114-116 S. Dubuque and the much-altered, 1981 Iowa City Public Library building at 123 S. Linn Street). Demolitions also occurred in the wake a fire (e.g., Peoples Steam Laundry at 225 Iowa Avenue and Van Patten House at 9 S. Linn Street) and to facilitate construction of new buildings (e.g., Vogel House at 229 E. Iowa Avenue and J.C. Penney building at 130 S. Dubuque Street). Loss of buildings along the outer edges of the downtown commercial area,particularly along E. Islington Street on the south, have tilted the historic to non-historic ratio; today, only one building datirig:;to mo'dthan,.5Q years of age remains on E. Burlington Street between S. Clinton and S. Gilbert streets. The parkin rRp between S. Dubuque and S. Linn streets is associated with the urban renewal period, its mass and r6aterials-accounting for much of the streetscape's visual character. The remaining blocks on the Burlington StreeT corriftar areually defined by contemporary, freestanding, relatively large-scale buildings that combine reta1`i" can the�riound floor with apartment living on the floors above.This changed character is mirrored on the stasFpsitpf Btirl:z}gton Street where construction of new retail-apartment and commercial buildings (e.g.,._Hilto gardens and MidWestOne Bank office building)has occurred. u� Further, the incursion of tower-type buildings (eight or more stories) constructed in the downtown commercial area have impacted the visual character. The 14-story Plaza Towers/Hotel Vetro was built in 2004. The building site was cleared as part of the City's 1970s and 1980s urban renewal program and remained a parking lot until construction of the 2004 building. The building's height and materials are reflective of a changing aesthetic in the downtown commercial area. The 14-story, steel-frame, glass-sheathed tower known as Park@201 (201 E. Washington Street) was completed in 2014 on the former site of the 1970s Dain, Kalman& Quail Building. The 2001 construction of the Vogel House at 229 Iowa Avenue required demolition of an 1898 building of the same name. In summary, the Iowa City Downtown Historic District is representative of the nature of commercial properties in that the district illustrates evolution and change. The district provides a tightly developed grouping of historic buildings that tell the wide-ranging story of the establishment of early commercial buildings, their loss and alteration, and the ongoing infiltration of new properties that either rose on vacant lots or replaced earlier buildings. The buildings of the district represent a wide array of architectural styles, which include the design work of several significant architects and the workmanship of contractor/builders and artisans. The district exists today as a economically vibrant commercial center and community gathering place with the historic character of its resources central to its success. Section 8 page 62 United 5tap o�l+W�6t€Qr 2023 5EP OS 1:43 AM CLERK 4F DISTRICT COWge 63 of 97 National Park Service 1 National Register of Historic Places Registrat on orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District _ Johnson County, Iowa Name of Property County and State Criterion Consideration G: Urban Renewal and the Better Iowa City Project Urban renewal was a U.S. government funded program initiated to stem what was seen as the deterioration of inner cities across the country. The seeds of that deterioration were planted in the years between the World Wars with some early redevelopment undertaken in the late 193Os and 194Os.It was,however, federal legislative action that lit the fire under urban renewal. Beginning in the 195Os and stretching through the following two decades, thousands of projects targeting so-called blighted neighborhoods, freeway construction, and commercial downtowns were completed in cities large and small, with the American landscape irreversibly altered. Large-scale "redevelopment" projects were first undertaken in the interwar periods. Aimed at clearing out what had been identified as blighted inner-city neighborhoods,projects were completed in New York City and Chicago during that period. Rehabilitation of the 1858 New York City's Central Park was one such, federally-funded project intended to elevate conditions of the inner-city. The project was completed under the management of Park Commissioner, Robert Moses who would become an outspoken and forceful advocate for urban renewal in New York City.' In the late 193Os and into the 194Os, redevelopment projects began to appear in cities across the country with most focused on slum clearance. Such projects were implemented by local housing authorities, which directed the demolitions and reconstruction. During this period, concerns around the deterioration of downtown where largely confined to articles published in trade journals read by city planners, administrators,and other urban specialists.1z C c-a The Second World War signaled a rising public awareness of urban problems and senj� imp*ding downtown crisis.Declining property values, empty lots,traffic congestion,waning retail sales,ang$babb uildfngs fed into the grawing concerns. Black consumers had increased their presence in the downtow-h' bLA most-#owntown executives and public officials, however, rebuffed the opportunity to build on the existing z.fricar.>_.American consumer. Redevelopers persistently argued that the residents of"slums"adjacent to the dbw=wn threatened to "cheapen"and ultimately destroy the vitality of urban commercial life.With that view;cfevelopMs instead courted the white middle class.' Passage of the GI Bill in 1944 fueled suburbanization. The legislation,which guaranteed Veterans Administration (VA) mortgages to returning soldiers, resulted in construction of large tracts of housing marketed under the GI Bill. Suburbs sprang up at the edges of existing communities, establishing neighborhoods beyond the historic downtown commercial areas. Because the GI Bill favored the white veteran, the suburbs were populated by whites. Planned communities like Levittown, New York transformed farmland into cities housing tens of thousands of families in just a few years. A scaled-down version of Levittown appeared in communities across the country. The deterioration of the inner city was deeply impacted by this "white flight"to the suburbs and the conditions only grew more critical as federal funding expanded in the coming years. In 1963 the famed African American novelist, James Baldwin aptly named urban renewal "Negro Removal".14 By the late 194Os,the ideal of Main Street as a unified, well-managed retail corridor had become instead"volatile and complex"leaving it no longer the presumed center of commercial life; investors began to give up on the idea " https://www.centralparknyc.org/park-history.Retrieved 07/10/2020. 12 Alison Isenberg Downtown America.A history of the place and the people that made it(Chicago,IL:University of Chicago Press,2004), 168. 13 Ibid., 167. 14 Interview of James Baldwin by Kenneth Clark.Available online at https://www.youtube.com/watch?v--T8Abhjl7kY-LJ.Retrieved 07/23/2020. Section 8 page 63 United St ap ofihF1LtEQr 2423 SEP 0$ :43 AMr3Q� CLERK OF DISTRiCT C�L��Q fi4 of 97 National Par Service t ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State that Main Street could satisfy the commercial needs of the American public.15 The Housing Act of 1949 (Taft- Ellender-Wagner Act), infused federal money into redevelopment of the inner city. Federal loans were available to cities for the acquisition of land for the purpose of clearing slums. The cleared land was then sold to private developers following an official plan created by the municipality. Initially, these funds targeted housing projects. The money also covered two-thirds of the city's costs over the sale price of the land and funded large-scale public housing across the country.I6 The country's first major city to undertake a "modern" redevelopment project was Pittsburgh, Pennsylvania. Begun in May of 1950 and completed some 18-years later. The redevelopment included construction of office tower, a hotel,underground parking, a luxury apartment building, a park, and a sports arena. The development(a primarily privately funded undertaking), located in the area known as the Golden Triangle, resulted in the demolition of 133 buildings spread over 59-acres. By many accounts, the project is an example of the successful redevelopment project of the era.17 The term "urban renewal" came into use with the 1954 amendment of the Housing Act. The new terminology was applied to define a broader and more comprehensive approach to the problems of slums and blight.t 8 The amendment made projects more enticing to developers by, among other things, providing mortgages backed by the Federal Housing Administration(FHA). The Housing Act allocated up to 10-percent of federal capital grant funds for renewal of non-residential areas. This change in scope led to the expansion of downtown commercial urban renewal projects.19 The public's perception of urban renewal goals in 1954 was summarized by Eisenhower's Housing and Home Finance Agency(HHFA) chief,Albert Cole who noted that if, "you went about the country asking various people what urban renewal is all about, you would be told that urban renewal is intended to save.downtown business, or to clear up traffic congestion, or to restore worn-out areas,tQ the tax rolls, or to create the City Beautiful,or to get rid of unsightly slum buildings."That laundry list became�3art of mantra repeated in communities everywhere.20 1954 was also the year in which the:U.S. Supreme Court upheld the general validity oPurban Revet6p—ment statutes in the landmark case, Berman v. Parker. The court's decision found that private prag3trty mould 1Tften for public use with just compensation, by arguing that the problem of large-scale blight Weeded tee addressed by a large-scale integrated redevelopment plan. Justice Douglas wrote, "If owner after ors no_r'werrpermifted to resist these redevelopment programs on the ground that his particular property was not being usp against the public interest, integrated plans for redevelopment would suffer greatly."' Prior to the ruling,public use was the only reason for which the government could seize private property. With the ruling, it became possible for the government to seize the property of one man, destroy it, and then sell the cleared land to some other man at a negotiated price. The Court justified this procedure on the ground that it was in the public interest.22 In 1956 the Federal-Aid Highway Act empowered the state and federal government with total control over new highway construction, leading to the razing of broad swathes of historic inner-city neighborhoods to accommodate the path of a new roadway. Often these neighborhoods were historically black; the Rondo Neighborhood in St. is Isenberg, 164. 16 James O.Wilson,ed., Urban Renewal. The Record and the Controversy(Cambridge,MA:M.I.T.Press, 1966), 84. Dan Fitzpatrick,"The story of urban renewal,"Post-Gazette News,May 21,2000.https:Hold.post- gazette.com/businessnews/2000052Ieastlibertyl.asp.Retrieved 07/09/2020. is Wilson,96. 19 Isenberg, 171 and Wilson,99. 20 Isenberg, 170. 2'Text of"Berman et al.,Executors,v.Parker et al."October Term, 1954.Available at http://cdn.loc.gov/service/11/usrep/usrep348/usrep348026/usrep348026.pdf.Retrieved 07/15/2020. 22 Wilson,500. Section 8 page 64 United Staff N ofhFlhEr9r 2023 SEP 08 1:43 AmMI�� CLERK OF DISTRICT Cot�ga 66 of 97 National Pa Service t National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Propeq County and State As a university town with its campus adjacent to the downtown, the Iowa City commercial area had the benefit of a built-in consumer base.It has been noted that the ready market,which kept downtown businesses from hitting rock bottom,also kept the owners of those businesses from acting while the condition of their properties continued to decline. As Tim Brandt, Iowa City mayor, 1972-1973 put it, "Most [business owners] could have been operating out of a damn tent, and if they knew that two and two equals four, they had to make a profit. In some other cities the downtown business community had really bombed out and was suffering from the shopping centers on the periphery. Had that happened in Iowa City, the downtown people would have been up in arms to protect their investments."28 Brandt makes a good point; although Sycamore Mall had opened on the south side of town (taking with it the major department stores), the proximity of the university to the downtown kept most businesses in business. Although the student and staff of the university kept the downtown businesses afloat, the presence of the university institution presented a separate, significant problem in maintaining a viable downtoy-6. By 1960, the university was a sprawling complex of buildings which, as a State university, did not pay_proper�taxes,-T- 1at left the downtown commercial center saddled with a disproportionate, 8.8-percent of the Iowa- -ity pE�perty,to base; the deterioration of the downtown was,in large part,the result of that burden. Coincidentab.tG4ha#situatjM it has been noted that the deteriorated condition of the downtown was an embarrassment to th&U iversity, iMpipcting its ability to recruit students and faculty.An active program of campus planning and beaul;ieiaatioWde en by the university in the years prior to the urban renewal program has been cited as evidien��oftiteir d06rts to counterbalance the poor appearance of the downtown.29 In this context, it is clear that the University of Iowa had a significant interest in the redevelopment of the Iowa City downtown, though the institution's official position on issues around urban renewal in the city was one of neutrality. The 1960 thesis and subsequent presentation made to a series of civic groups by University assistant professor and doctoral student, Robert Wheeler was completely independent of the University administration. The thesis, prepared by Wheeler with the support of some 45 citizens, presented a plan for renewal of the central business district that included replacing deteriorated buildings with modern ones and construction of parking facilities. The thesis sparked a movement toward the city's urban renewal program.30 In 1963 the concepts he outlined were incorporated into the improvement efforts of the newly formed"Citizens for a Better Iowa City."31 While maintaining an official position of neutrality,the University of Iowa engaged in the urban renewal program in multiple ways. In the mid-196Os, the facilities planning & utilization department actively engaged in the planning process. The university also purchased two large parcels and several small parcels located in the designated urban renewal project area. Their investment in the parcels boosted the credits received by the City from Housing and Urban Development(HUD).32 As noted, Wheeler's 1960 thesis and series of community presentations focused community interest in the rehabilitation of the downtown. It also laid out a plan that dovetailed with the Federal urban renewal program, with large scale demolition followed by construction of new buildings as its focus. The 1963 creation of the "Citizens for a Better Iowa City" was one of many organized efforts established on one or the other side of the urban renewal issue. The Iowa City Board of Realtors established its own 'Build Iowa City Better Committee" i f28 The Iowa City Story,8. 29 Ibid.,2. 30 Ibid.,6. 31 Marlys Svendsen,"Historic Resources of Iowa City,Iowa:Architectural and Historical Resources of Iowa City Central Business District, 1855- 1950,"National Register of Historic Places Multiple Property Documentation Form,2000:E-77. 32 The Iowa City Story,7. Section 8 page 66 United StaFa�otf gih�r 2023 SEP 08 1:43 AM�I�Yr CLERK OF DISTRICT COWge 67 of 97 National Par Sery ce t ational Register of historic Places Registration arm NPS Form IG-800 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State in 1964 and invited the National Association of Real Estate Boards to complete a study of Iowa City's prospects. This study recommended a series of actions on housing, urban renewal strategies, campus planning, the establishment of a downtown development organization, and a downtown sign ordinance. It was also recommended that an architect be retained to design a beautification and improvement program for the four-block central core of the downtown. Iowa City's first urban renewal plan was developed in 1966 after years of public discussion and debate. This was the same year that Sycamore Mall opened on the southeast edge of town, taking Sears, Roebuck(a fixture in the downtown since 1929) as an anchor store.33 The City's urban renewal process was accompanied by heated public debate, controversy, and a slew of legal challenges. While there was consensus around the need to revitalize the downtown commercial area, the debate about how that should be undertaken was fiery. The primary conflicts centered on whether the project should be small, locally financed projects (which would keep the federal government out of the picture) or completed following a single developer concept;the negative perception that the developer was making an unfair profit; the loss of control that existed through the power of eminent domain;the poor track record for urban renewal projects that existed across the country, of which the Iowa City residents were aware; and, though it gets less attention in historical accounts, the demolition of dozens of historic buildings on the magnitude that ultimately occurred. The Downtown Businessmen's Association was organized around the issue that the revitalization should be small, locally funded projects. The group went toe-to-toe with the City Council and residents that supported the single developer approach, using a variety of tactics. In 1967 they were successful in getting an injunction based on the potential for, conflict of interest found within the City Council. The injunction, which granted a stay in condemnation proceedings,was upheld on appeal to the Iowa Supreme Court in March 1969. The law supporting the group's position was then changed by the State legislature and the new condemnation proceedings began.34 In July of 1970 the City announced the planned acquisition of 100 building sites.35 The slow pace of progress led to a point of no return in March of 1973. Dissatisfied with the work4mpleted, the U.S. Department of Housing and Urban Development (HUD) threatened to pull out of the Ioym City project unless progress was made immediately. The agency gave the City one week to provide-eyldeneei that tYte Iowa City project could be successfully completed. If the City failed, HUD would close out tie pojt andclarc it bankrupt. The threat of that potentially disastrous outcome lit the fires. The City removed 25� arcel from the original program, then'called a meeting of local business people. The consensus ruled,-and�a g'rvup o - ree was tasked with finding local investors to leverage attracting a developer- by that time,the hist4yy of ro— a City's urban renewal project was well known and finding a developer to jump into the fray was no�y task.3fi Old Capitol Associates, led by Wilfreda (Freda) Hieronymus and Jay Oehler, was the local investor formed specifically to complete the downtown project. Hieronymus was the wife of a university professor, a mother of five, and a real estate investor who started trading in the stock market from her kitchen table. Jay Oehler was a local businessman with a keen interest in the rehabilitation of the downtown. The pair partnered with a small group of investors to form Old Capitol Associates and entered into a joint venture with LINK Programs, Inc. out of Chicago. Lacking development experience,Hieronymus and Oehler relied on the expertise of LINK Programs and their own unflagging determination to complete the work necessary to rehabilitate the city's downtown.When 33 Marlys Svendsen,"Historic Resources of Iowa City,Iowa:Architectural and Historical Resources of Iowa City Central Business District, 1855- 1950,"National Register of Historic Places Multiple Property Documentation Form,2000:E-77. 31 The Iowa City Story,4. 31"100 Business Sites Will Be Acquired,"Iowa City Press Citizen,July 31, 1970:3. 3a The Iowa City Story, 8. Section 8 page 67 United stop o&fill r 2023 SE 08 1:43 AMEi�HH§ CLERK OF DISTRICT Co Wge 68 of 97 National Par ervioe 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State the dust finally settled,the pair would be praised by some and vilified by many for their role in the urban renewal program.37 More lawsuits followed the establishment of the joint venture. In 1974 suits were filed challenging the findings of the environmental impact statement for the project and the nature of the contract between the City and Old Capitol Associates; both were eventually dismissed. In municipal elections that year, voters turned down a referendum to authorize the use of general obligation bonds for urban renewal expenditures. Later that year demolition work began on a total of 11-acres of downtown property. The Old Capitol Mall was later constructed on the portion of the urban renewal area west of S. Clinton Street; with no historic fabric retained and the only existing resource dating to 1981, it is not included in the Iowa City Downtown Historic District. Figure 10. S. Clinton Street Demolitions— 1974 � r (Source:Iowa City Public Library,Urban Renewal special collection.) 7,- T The most concentrated area of demolitions occurred west of S. Clinton Street(outside the historic disQ�pt boundaries). In this view looking north on Clinton, we see the demolitions underway. Old Capitol Mall was constructed on this site. By most accountings,the mall is considered a failure. Demolitions on the east side of S. Clinton Street(within the boundaries of the historic district) were completed in a slightly more surgical manner. Some nine buildings on E. College Street and moving north along S. Dubuque Street were razed to make way for Plaza Centre One. A block of buildings on E. College Street between S. Dubuque and S. Linn streets were razed. Outside those concentrated areas of demolition, targeted "dilapidated" buildings were razed. For businesses located in buildings slated for demolition, those that opted to remain in the downtown were relocated to temporary modules located along S. Clinton Street. Others moved out of the downtown to neighborhood or suburban locations, while others closed permanently. 37 The Iowa City Story, 8. Section 8 page 68 United Stap�o&Fll�r 2023 SEP 08 '1:43 AM i§ CLERIC OF DISTRICT COWge 69 of 97 National Par Service Ile", Register of Historic Places Registration orm NIPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 11. E. College Street and S. Dubuque Street— 1970s I - �- Y 1 - a r - L!J (Source:Iowa City Public Library,Special Collections,Urban Renewal.) ` In this view looking north along S.Dubuque Street from E.College Street we see five oPtTie b t�ings(corner at left to the alley)that were razed to accommodate construction of Plaza Centre One.Gratef4113�*e National }ster listed 1856 Franklin Printing(yellow building just north of the alley)escaped the►atce ing all. Figure 12. Plaza Centre One Under Construction—Spring, 1978 µ Wk- 4 rww+p 1 *I r 7' trig;`�I r y�l t - i (Source:Iowa City Public Library,Urban Renewal special collection.) Section 8 page 69 United Stap�o&FY1�r 2023 SEP 08 1:43 AM CLERK OF DISTRICT C01 ge 70 ❑f 97 National Park Service 1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Efforts to stop the urban renewal project didn't end even after the demolition was underway.A fourth lawsuit was filed in 1976 challenging the bidding and nature of contract negotiations between the City and Old Capitol Associates. At the heart of the action was the singularity of the development contract. Local forces held that contracting with a single developer was unfair to smaller, individual developers and limited the possibilities for the project generally. The suit was successful and the contract with Old Capitol Associates was set aside. At this time, and with a new city manager in place (the fourth employed during the urban renewal period), the City returned to the drawing board with a new consultant - Zuchelli, Hunter and Associates (ZHA) of Annapolis, Maryland.3 g In late 1976, a modified urban renewal plan was commissioned and in early 1977 it was accepted by the City Council. It called for a further scaling-down of development, smaller parking ramps, land to be dedicated for the construction of a new public library, and central to the point of opposition, the division of the 11-acres of urban renewal parcels into clusters of sites or individual sites for development. This approach towad division of the parcels was intended to create competition on parcel prices and a division of responsibility fQffenewal protects between several developers/owners. That plan was only partly successful. Notably, the.Cnileg431ock.Building, which, by invocation of Federal historic preservation laws, had been spared demolition ift thgarlidi~stages of urban renewal. —' Directly in the path of the wrecking ball,the successful rehabilitation of the College Block mark=a crhical battle won in the heart of the city's urban renewal area. Situated on College Street,the 1878 building aces sited adjacent to three of the central components of the urban renewal plan: 1) the pedestrian mall, 2) Plaza Cure One, and 3) the site proposed for a hotel at the intersection of College and Dubuque streets.Despite being an excellent example of the Itali.anate style in a commercial building,the College Block was viewed by advocates of the urban renewal program as irretrievably deteriorated. Developer Freida Hieronymous herself stated,"the College Block Building is of negative value; the value is in the land rather than the structure. I can't feature it to be economically feasible to save the building as a whole. The brick is crumbling,the roof leaks,there's been substantial water damage. It's not very realistic to me to try to save a building that has not been maintained."39 Slated for demolition as part of the City's urban renewal program, the College Block was saved from destruction with its July, 1973 listing on the National Register of Historic Places, an undertaking completed by the State Historic Preservation Office. When the City learned of the designation, plans for the building's demolition were halted.40 The City then deleted the property from the list of properties available for demolition, thereby making the College Block available for purchase and rehabilitation by a private interest. Surprising to some(undoubtedly, Freida Hieronymous among them), but not to others, the building became the hottest parcel among the city's urban renewal holdings; the eventual owner, Ed Zastrow was one of eleven to bid on it. Zastrow predicted that "within three to five years, College Street will be the hottest service street in Iowa City." Following an approximate $200,000 rehabilitation, the businessman moved his restaurant, Bushnell's Turtle, into the rehabilitated building in September, 1978." The College Block remained part of the urban renewal conversation long after its rehabilitation was complete. Given its age and historic status as a National Register listed resource, the building became part of the story I 38 Marlys Svendsen,"Historic Resources of Iowa City,Iowa:Architectural and Historical Resources of Iowa City Central Business District, 1855- 1950,"National Register of Historic Places Multiple Property Documentation Form,2000:E-77. 39"College Block Building:Renewal`claims'landmark,"Daily Iowa(Iowa City),October 09, 1975:02. 40"Historical Status Saves College Block,"Iowa City Press-Citizen,August 02, 1973:01. 41 Iowa City Historic Preservation Plan,prepared by the Iowa City Historic Preservation Commission for the City of Iowa City,2008 and"College Block:Renewal work begins,"Iowa City Press-Citizen,December 27, 1977:01. Section 8 page 70 United St� o&F1lxtFm r,2023 SE 08 1:43 AMEIXHH§� CLERK ❑F DISTRICT CC)Ll%' 71 of 9T National Par Service 1 ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District _ Johnson County, Iowa Name of Property County and State involving the planning and construction of the hotel proposed for the site immediately the east, Ongoing discussions around construction of the new hotel required consultation with the State Advisory Council on Historic Preservation, which kept the State actively engaged in protecting the National Register listed College Block.In 1983,the State historic preservation officer voiced concerns that the hotel design might have an"adverse aesthetic impact"on the College Block a7 The following year, with the new hotel under construction, Ed Zastrow lodged complaints against the hotel stating the developer was trespassing on his land by extending steel tie rods from the hotel property underneath the College Block without permission. Additional allegations of damage to the College Block resulting from the hotel construction were also carefully monitored by both Zastrow and the State 43 The dispute over cracking and settlement at the College Block was eventually settled, allowing construction of the eight-story hotel to proceed and the final piece of the City's urban renewal program to be completed; the Holiday Inn opened in 1985.11 Local preservationists scored a number of important victories during the period. "Old Brick" has been locally described as the centerpiece of the early preservation movement in Iowa City. Constructed in 1856 as the First Presbyterian Church, the building became a lightning rod for preservation during the years of the city's urban renewal program. In 1971, with the local battle over urban renewal in the adjacent downtown commercial area actively underway for some seven years, Old Brick was listed for sale." Established by enactment of the National Historic Preservation Act in 1966, the National Rt�ster of Historic Places was still in its infancy at the time the future of Old Brick became a serious concirrn. Th otential.benefit of saving the building by listing it on the National Register certainly appealed to the local preserfttion-advocates determined to protect the historic resource. The establishment of the Iowa City Architeckuxaf He-2age Committee in 1968 established another layer of advocacy in the city's preservation arena. The group' pvark focuseadlFtention on historic buildings threatened with demolition, including Old Brick. Their efforts c6htii ute&igni is tly to the preservation of multiple significant buildings and their work led to the registration oftwetiy-six`r'e§ources (buildings and/or districts)between 1968 and 1980,the period in which urban renewal iriTbwa Gi was operating at full throttle. 9 The National Register nomination for Old Brick was completed and the building listed in August, 1973. As the nomination stated in the case for significance, the church is "an early and unusual example of the Romanesque Revival"and expresses "the culture enjoyed by the Middle West between the pioneer period and the Civil War." As a building dating to the earliest years of Iowa Statehood, the building was at the time the nomination was prepared in 1973, and remains today, a locally rare example of architecture from that period.46 The battle to save Old Brick,however, did not end with the acknowledgement of its significance by listing on the National Register, In the years between being listed for sale in 1971 and 1978, negotiation and legal action continued over the future of the building. Ultimately, negotiations involving local groups formed to save the building, the State Board of Regents (which had an option to purchase the land upon which the building was sited), and a local bank Ied to a successful transfer of ownership into hands committed to preserving Old Brick. The 1977 move of the State Historic Preservation Program headquarters into Old Brick was a fitting conclusion to the battle required to save it. As reported in June, 1977, 41"Hotel grant application needs more detail,U.S.officials say,"Iowa City Press-Citizen,May 14, 1983:02. a3"Report:New hotel`moved' BushneII's,"Iona City Press-citizen,March 15, 1984.81. as"Dispute resolved over hotel,cracks,"Iowa City Press-Citizen,April 11, 1984:01. 41 Iowa City Historic Preservation Plan. a6 Mrs.Joseph E.Baker,"First Presbyterian Church of Iowa City,Iowa,"National Register of Historic Places Nomination, 1973. Section 8 page 71 United Stap otEAFi6fiQir2023 SEP 08 1.43 AMEdXHH§ff\} 7 CLERK OF DISTRICT COLWge 7'2 of 97 National Par serv¢ce t ational register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State "The Old Brick controversy festered in Iowa City during a period when a cross-current of activity took place that has reshaped the downtown and the central University of Iowa campus. On the one hand, federally assisted urban renewal has wiped out many of the old buildings that once gave Iowa City much of its charm. On the other hand, $1.6 million was pumped into restoration of Old Capitol—one of the most successful preservation projects of its kind. Old Brick served as a rallying point for those who wanted to save what little was left of pre-1900 Iowa City. Old Brick is now slated to become a working example of adaptive re-use, a concept at the heart of genuine historic preservation. ,47 By establishing its headquarters in the historic building, the State Historic Preservation Program was able to highlight the successful outcome and illustrate the value of historic preservation seen in Old Brick, which the agency held up as "a shining example of how an old building can become productive again and not simply be turned into a museum."48 Although never directly in danger of demolition,the restoration of Old Capitol was a timely and highly successful example of historic preservation in Iowa City. While Iowa was still a territory (1842-1846), the last four Iowa legislatures were housed in Old Capitol, with the University of Iowa created in the building just 59 days after Iowa achieved statehood. After Des Moines became the state capitol in 1857, Old Capitol was ftnsferred to the University and was used as central administrative offices for many years. In 1971, iVprojeXto undertake a restoration of Old Capitol was underway under the direction of Dr. Margaret Keyes of the URersity'§ Home Economics Department. The multi-year project involved restoration of the exterior-40 inr6ior as well as establishment of museum facilities 49 Listing on the National Register was completed.ih 4972�;nd the building was designated a National Historic Landmark in 1976. The Landmark designation coin-cided wj#h the bi lding's reopening on July 4, 1976 after completion of the six-year restoration. With these three major accomplishments, the establishment of a Heritage Preservation Ccfgmittee, and the registration of more than two dozen historic resources,the Iowa City preservation movement established itself as a force that provided significant balance to the losses wrought by urban renewal. These early efforts laid the foundation for the preservation work that followed over the subsequent decades and which remains an active force to this day. While the work of the State and local preservationists was underway,the urban renewal program continued toward completion. Several urban renewal parcels were withheld by the City until interest surfaced, or bid prices offered were increased.50 One parcel on the south side of E. College Street at S. Linn Street remained vacant until 2004 when the Plaza TowersNetro Hotel was built.51 Ultimately the joint venture developers(Old Capitol Associates and LINK Programs) completed the majority of the redevelopment work, including Plaza Centre One (1978) and Old Capitol Mall (1981). The first urban renewal program building to be placed in service was Things & Things & Things. Originally located in the Pusateri Fruit Store building on S. Clinton Street that burned in January of 1970, construction of a replacement building was quickly adopted as an urban renewal project and its completion in late December of that same year was celebrated as an early indication of the program's potential long-term success.sz 47 "How being`sinful'paid off for Joe and Matilda Baker."Des Moines Register,June 12, 1977:05. 4s Ibid. 49"Old Capitol Restoration Supported."Iowa City Press-Citizen.October 15, 1971:37. 50 Ibid.,E-78. 51 "Plaza Towers,"Iowa Site Inventory Form,2018.Available from the City of Iowa City. 52"Things&Things&Things,"Iowa Site Inventory Form,2018.Available from the City of Iowa City. Section 8 page 72 United Staff'ot&>9€I�r 2023 SEP 08 1:43 AMVN fVZ CLERK DF ❑ISTRICT CQWge 73 of 97 National Park erv,ce 1 ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Construction of Plaza Centre One was underway in late 1977. The design and construction of the five-story, steel frame and masonry building must have been closely watched by those opposed to urban renewal because of the price paid in the loss of so many historic buildings." Some ten buildings sited within the boundaries of the Iowa City Downtown Historic District were built as part of the urban renewal program; of that number, six remain extant and one, the Holiday Inn, was not completed until 1984 and is thus outside the period of significance. Through the passage of nearly 50-years, the buildings and the Pedestrian Mall have become integral to the historic fabric. They are as much part of the Iowa City historical legacy as those that preceded them and singular in their ability to illustrate the history and impact of urban renewal. Figure 17. Urban Renewal Destruction— 1971 `'1 (Source:Iowa City Public Library,Urban Renewal special collection.) In this view,which pre-dates the pedestrian mall, we are looking southeast across S. Dubuque Street near the intersection with E. College Street. The large parking lot was located on cleared urban renewal parcels. The land remained undeveloped until 2004; it is now occupied by Plaza Towers/Hotel Vetro. The Urban Renewal Pedestrian Mall Across the United States, suburban, white flight during the 1960s and 1970s, caused cities to seek out a variety of urban renewal strategies to bring economic development back to the core of the city and to support the rehabilitation and/or replacement of deteriorated commercial buildings. In communities of all sizes, the economic impact of the suburban shopping mall, which syphoned off retail sales from the historic downtowns,presented a particular challenge. In an effort to draw them back, planners embarked on the experiment of the American pedestrian mall. It has been estimated that some 200 pedestrian malls were installed during the period from 1959 through about 1980. The pedestrian mall adapted several successful architectural and landscape elements from the suburban shopping center such as fountains, lighting, wayfinding and combined those with features that created a sense of intimacy and natural enclosure that enticed shoppers and encouraged them to linger. By the 1990s many pedestrian malls had been determined failures and removed, with only 15 full, urban renewal era s3"Plaza Centre One,"Iowa Site Inventory Form,2018.Available from the City of Iowa City. Section 8 page 73 United Stahl oftthgkggr2023 SE 08 1:43 AM�RH"§� CFERK CF DISTRICT COwge 7'�4 of 97 National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State pedestrian malls retained by 2013.54 The Iowa City Pedestrian Mall became the centerpiece of the finalized plan for the city's urban renewal program. The mall was immediately successful, becoming a social and cultural gathering place as well as a primary factor in establishment and retention of commercial business in the downtown; it is today, one of the 11 urban renewal era malls retained in the country and the only one that exists in the state of Iowa. Pedestrian Malls—Leading Designers A pair of designers are most prominently associated with the design of pedestrian malls. Although Victor Gruen and Lawrence Halprin were trained in different disciplines and approached the design of pedestrian malls from significantly different perspectives, the work of both left a lasting impact on the American landscape and influenced the work of others in the field. While a number of the designs of each have been altered or removed, significant examples are retained and, for those that are non-extant, the historical record prox0es an important understanding of both the designers' work and the works impact on the specific (ocatien and-the larger community. -C-)-t Victor Gruen(1903-1980)was a self-described"environment architect",the promoter w forms for-American retailing,and a prolific writer. Having fled his native Austria in 1938, Gruen landed inN Yolk CIt here he quickly became known for bringing a new aesthetic to the design of upscale retail stares. IP—&theoties for the modernization of store design spread across the country during the war years. In 15�1, Gruen moved to Las Angeles where, in 1951 he founded the architectural firm of "Victor Gruen Associates.;mGruen designed Southdale Shopping Center in Edina, Minnesota (a suburb of Minneapolis), which was completed in 1959. Southdale was the first fully enclosed shopping center in the country and its construction transformed the American shopping experience;the tremendous success of the suburban shopping center contributed significantly to the deterioration of downtown shopping areas in cities across the country." Victor Gruen also became deeply involved in urban renewal projects across the U.S., believing that the combination of the reform of retail and the reform of America went hand-in-hand with "good planning & good business [being] in no way mutually exclusive."56 He was responsible for the design of the country's first urban renewal era pedestrian mall at Kalamazoo,Michigan,which was completed in 1959.Part of a larger urban renewal effort designed by Gruen, Kalamazoo's Burdick Mall was hailed across the country as "America's premier pedestrian mall" with the government's United States Information Agency naming Kalamazoo as the All- American City for 1959.51 Local celebrations for its opening brought crowds of some 30,000 and trade magazines noted that the Burdick Mall "held the key to revitalization of faltering downtowns across the USA," with its, "fountains, shade trees, flower beds, closely cut grass,playground area,park benches, and multi-colored concrete block walkways."58 As Gruen proceeded with similar (and highly successful) projects in Fort Worth, Texas and Rochester, New York, he also brought his growing expertise to a wider audience by writing The Heart of Our Cites, which considered America's urban crisis and his proposed solutions to that crisis.19 I Lawrence Halprin (1916-2009) was among the foremost landscape architects of the twentieth century. His firm, Lawrence Halprin&Associates, established in San Francisco in 1949,initially focused on the design of residential gardens, campuses, and housing projects. By the mid-1960s, however, the firm had become renowned for the 54 Cole E.Judge,The Experiment of American Pedestrian Malls,Research paper for the Fresno Future Conference, 10/11/2013. ss M.Jeffrey Hardwick,Mall Maker: Victor Gruen,Architect of the American Dream(Philadelphia,PA:University of Pennsylvania Press,2004),4. 56 Hardwick,4. ' 57 Ibid., 195. 58"Early Verdict on Burdick Mall:It's a Big Success,"Kalamazoo Gazette,March 20, 1958. 59 Hardwick,207. Section 8 page 74 United Sta��❑11- Flbl�r 2023 SEP 08 1:43 AM�J�I�� CLERK OF DISTR;CT COWge 75 of 97 National Pa Service 1 ationaI Register of Historic Places Registration dorm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State design of major urban landscapes including parks,plazas, and pedestrian malls. The design for Main Street Mall in Charlottesville, Virginia was completed by Halprin in 1976; it converted an eight-block length of the city's historic main street from vehicular to pedestrian only traffic. The pedestrian mall featured a 60-foot,brick-paved walkway with outdoor seating and several small fountains. Construction of the pedestrian mall and the rehabilitation of the shops along its length was intended to revive a retail strip in the city's downtown and, although not successful for nearly 20-years, the pedestrian mall eventually became and remains a vibrant civic _ space with trendy restaurants and boutiques."Halprin is also responsible for designing Nicollet Mall in downtown Minneapolis,Minnesota, completed in 1967. Halprin's design was an eight-block, curving, tree-lined,pedestrian only mall. Re-designed in 1990, the mall was converted to accommodate public transit, a form it retains today. Nicollet Mall remains a centerpiece of the Minneapolis downtown.61 Pedestrian Malls—Types and Counts The number of pedestrian malls constructed in the U.S. has been reported by numerousApvestigators as approximately 200. Although sometimes stated as a number confined to urban renewal era pedestrian malls (1960s-1970s),.a broader review of sources suggests that the number of 200 includes pe'destrih— malls161t as early as 1831 (Exchange Place in New Orleans) through the 1990s (1994, Freemont Street EX erierif-Oin Las Vegas) and therefore not associated with urban renewal. One investigator refers to pede�Vlah rolls constructed 1959-1970s as "first generation". 62 �r �.. :1 Various studies of the pedestrian mall categorize the feature into three categories. The ``l<i'ahsif hall"involves conversion of an existing roadway in order to elevate the pedestrian experience, however;trans@raffic (public buses, taxis, and/or light rail) is retained. The transit mall typically limits parking, has widened streets, and landscaping designed to create a specialized character. Nicollet Mall in Minneapolis, Minnesota is one example of a transit mall that is commonly referred to as a pedestrian mall. The second type of pedestrian mall is the "semi-mall", which is characterized by a reduction in vehicular traffic and parking rather than its elimination. Like the other two types, the semi-mall incorporates the enhancement of pedestrian-friendly features including widened sidewalks, benches, lighting, and other amenities.61 Denver's 161 Street Mall has been categorized as semi-mall and as a transit mall, depending on the source.64 The term"full mall"indicates a pedestrian mall that is completely closed to vehicular traffic. The pedestrian mall is typically created by laying new pavement to create a level area and the addition of trees, furnishings, and other amenities such as fountains and sculpture created a visual continuity and a sense of place for the downtown.65 The Iowa City pedestrian mall falls into this category. The following discussion regarding pedestrian malls addresses the full mall specifically. Multiple investigations have identified the country's pedestrian malls and, when found to be extant, evaluated their degree of success. The accuracy of those numbers remains unclear, largely due to the variety of types of pedestrian malls and inconsistent methodology adopted to count, type, and evaluate the resources. The most recent known report on the subject dates to 2013. Conducted for the purpose of evaluating the pedestrian mall for its potential effectiveness as downtown economic tool in the city of Fresno, California, that report states that of 60 https.//tc[f org/sites/default/fs[es/microsites/lialprinlegacy/charlottesville-m il.html.Retrieved 07/10,2020. 61 "A new Nicollet Mall?it's a contest,"A07neapolis Star Tribune,April 16,2013. 62 Kent Robertson,The Status of the Pedestrian Mall in American Downtowns,Research article,December 1, 1990.Available online at https://wwwjoumals.sagepub.com. 63 Harvey Rubenstein,Pedestrian Malls,Streetscapes,and Urban Spaces(New York:John Wiley&Sons, 1992),21. 61 Ibid.and http://www.urbanreviewsti.conV2009/11/north-america-cities-that-have-or-had-a-pedestrian-mall.Retrieved 06/25/2020. 6'Rubenstein,21 Section 8 page 75 United StaP��ofchgl�r 2023 SEP 08 1:43 AM0i"��N CLERK OF DISTRICT COl�ge 76 of 97 National Paris Service 1 National Register of Historic Places Registration"rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State the approximate 200 pedestrian malls constructed in the U.S., only 15 considered "successful" were extant in 2013.61 Because the report provides the most recent study of pedestrian malls, it has been used as the primary source for understanding the significance of the Iowa City Pedestrian Mall with an eye on identifying those resources considered"first generation" (Table 01). Table 01. Summary of Successful Pedestrian Malls67 State Pedestrian Mall City Date Mall Success 2020 Finding Name Length Indicator California Third Street Santa Monica 1965 3 Blocks Beach Extant Promenade 1989 Colorado Pearl Street Mall Boulder 1977 4 Blocks University Extant Florida Lincoln Road Mall Miami Beach 1960 8 Blocks Beach Extant Iowa (City Plaza) Iowa City 1978 4 University —lixtant Pedestrian Mall Blocks w Louisiana Exchange Place New Orleans 1831 1 Tourism IF�tant ., Block Z-i NrH-Urbane° r ewa# Louisiana Fulton Street New Orleans 1984 1 Tourism Terms'orary.for 1944'World's Block Fair;-t eb nta_unctjefring until rgCently Maryland Downtown Cumberland Late 3 Blocks Tourism Qant Cumberland Mall 1970s Massachusetts Front Street New Bedford n/a 3 Blocks Beach Appears to be Non-Extant Massachusetts Inn Street Mall Newburyport 1974 1 Beach Extant Block City Urban Renewal Nevada Fremont Street Las Vegas 1994 5 Blocks Tourism Extant Experience Non-Urban Renewal New Downtown Mall Lebanon Late 1 University Extant Hampshire 1960s Block New York Jay Street Schenectady 1960s 1 University Extant Pedestrian Block City Urban Renewal Walkway Rhode Island Long Wharf Mall Newport Late 1 Beach Extant 1960s Block City Urban Renewal Vermont Church Street Burlington 1981 4 Blocks University Extant Marketplace 1994 Conceived in 1958 Virginia Main Street Charlottesville 1976 8 University Extant Downtown Mall Blocks 6e The latest known study dates to the 2013 report completed by Cole E.Judge for the Downtown Fresno Partnership. 67 The data provided is taken from Judge's 2013 report with contemporary status noted. Section 8 page 76 United St �o1EhfF#lt�r 2023 SEP 08 1:43 AM!R�.CLERK OF DISTRICT COLW"ge 77 of 97 National Par Service ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Regardless of any confusion regarding accounting for the different types of pedestrian malls constructed and retained, the high rate of their removal (return to vehicular traffic) is clear. In 2005, the Community Land Use and Economics Group,LLC(CLUE Group)reported that most downtowns found that construction of a pedestrian mall hurt downtown business rather than provided the desired economic boost. In that year, the CLUE Group found fewer than two dozen downtown pedestrian malls were retained in the U.S. In 2008, it was reported that 85% of the original 200 pedestrian malls had been removed, leaving only 30 extant at that time.68 In the 2013 feasibility study directed at the Fulton Pedestrian Mall in Fresno, California,the country's pedestrian malls were evaluated for their degree of success. Those retained and categorized as "successful" shared a number of characteristics including a varied mix of uses and activities; a large population of"captive" used (downtown residents and/or workers); efficient public transit; heavily programmed events and activities; strong anchors that drew pedestrians; centralized and coordinated retail management; located in a college town; well-planned and extensive parking in close proximity; located in an area of high tourism; and frequent and thorough upgrades.69 the study's author reported that of the 200 pedestrian malls, only 15 remained that could be;4tegorized as successful; the Iowa City Pedestrian Mall being among that group of 15.70 A closer examination 9the list of 15 found that at least 3 of the 15 do not represent "first generation" pedestrian malls and onc�ppqrs to lie hon- extant, leaving the Iowa City Ped Mall as one of the country's 11 remaining, urban reneP&erar-full p�dtxstrian w malls. 4. The Iowa City Pedestrian Mall- 1979 �n When the City returned to the drawing board to revive their urban renewal plan with planning consultant Zuchelli, Hunter and Associates (ZHA) in 1976, development of a pedestrian mall along two blocks of College Street and one block of Dubuque Street was integral to the new consultant's plan. The conversion of roadways to pedestrian malls had, by that time, become a popular feature of urban renewal projects across the country, with varying degrees of success.n In June of 1976, the City Council announced that parts of College and Dubuque streets would be closed for the summer as sort of a test run for the idea of a pedestrian mall. The Council remained uncommitted to the idea,but the notion remained under consideration as the City and its new consultant reviewed the 1969 renewal plan with the intention of updating it through the elimination of concepts that had since become "outmoded."72 In a report presented to the City by ZHA,the firm stated that stores located on the pedestrian mall along E. College and S. Dubuque streets could expect some gains in retail sales. As ZHA noted, in other cities, "malls either contributed to increased sales or significantly reduced the downward historical spiral of sales in the downtown area." Further, "with local commitments,the mall concept is an appropriate one for Iowa City and lends valuable market support to adjacent urban renewal properties." Also at play in the City's decision-making regarding the pedestrian mall issue was a previous agreement made with Old Capitol Associates (developer of Plaza Centre One) in which the City agreed to close the roadway in front of that building." With landscape designer Jack Leaman of Associated Engineers,Mason City, Iowa onboard in 1977, design plans for the pedestrian mall were underway. Voices of Iowa City residents contributed to the final design, which "Judge,3. 69 Judge, 14. 70 Ibid., 15. 71 "It's a Fact,"Iowa City Press Citizen,October 08, 1974: 12. 71"Council acts on renewal...and street Closure,"Iowa City Press Citizen,June 22, 1976:01. 73"Less downtown development hinted,"Iowa City Press Citizen, December 09, 1976, 1. Section 8 page 77 United Stap Ating 1htVjZr 2023 SEP 08 1.43 AMLAHH§" CLERK OF DISTRICT COLT' ge 78 Of 97 National Park Service 1 NationaI Register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State incorporated one of the mini-parks (Black Hawk Minipark) that had been created by a local group in an effort to bring beauty to the downtown streets during the long period of destruction. A survey of downtown businesses and shoppers revealed that a desire for additional greenery on the mall was the issue most often expressed. Those surveyed also wanted to see room for bicycles, sidewalk cafes and small shops, and an increase in the number of benches.74 The downtown merchants, in particular, opposed City discussion about the possibility of allowing vehicular traffic.Members of the Downtown Association voted 25 to 1 to draft a statement stating their position.75 In August of 1977, after a final review of preliminary plans, the City Council gave Leaman the go-ahead to complete a drawing set for the new pedestrian mall. The plans for the $1.8-million mall called for"a brick-paved mall with planting beds enclosed by timbers, picking up on the design of the popular Black Hawk Minipark at Washington and Dubuque streets." Council members requested a number of changes to the preliminary designs including a design for a simple focal point at the intersection of College and Dubuque; the addition of temporary structures to provide shade pending the growth of the trees to be planted; and construction of a broad set of steps adjacent to the focal point that would adjust for the change in grade as well as double as seating. Choices for kiosks, drinking fountains, telephones, and bulletin boards were also made by the Council.76 Previous reporting also noted the inclusion of a children's play area on E. College, east of its intersection with S. Dubuque and a 10- foot strip of walkway in front of stores fronting the mall to be used for outdoor sales, displays, or activities like sidewalk cafes.77 The final design of the pedestrian mall was presented to the City Council in October of 1977.78 Although, officially named"City Plaza", the mall has long been more simply known as "the Ped Mall". Figure 13. E. College Street- 1915 T f ri a ' (Source: State Historical Society of Iowa,Iowa City.) In this view looking along E. College Street toward its intersection with S. Dubuque, we see the early 20th century character of the streetscape that was altered in construction of the Pedestrian Mall. I 74"Shoppers want green downtown,"Iowa City Press Citizen,May 31, 1977:02. 75"Merchants oppose buses using mall,"Iowa City Press Citizen,April 09, 1977:02. 76"Council:Complete drawings for pedestrian mall,"Iowa City Press Citizen,August 03, 1977:02. 77"Mall design minors minipark,"Iowa City Press Citizen,July 26,1977:01. 78"Council okays design for pedestrian mall,"Iowa City Press Citizen,October 18, 1977:02. Section 8 page 78 United stop s�o1€tt,€ibti dr 2023 5EP 0$ 1:43 AM��i1Yt CLERK OF DISTRICT COL ' ge 79 f 97 National Paris Service! ational Register or Historic Piaces Registration arm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson Count , Iowa Name of Property County and State Figure 14. Iowa City Pedestrian Mall Under Construction— 1978 l� .r•Ft. r- e r 7 nv r r Cam,! (Source:Iowa City Public Library,Urban Renewal special collection.) —� Construction of the Pedestrian Mall was underway in I978. This view,looking west along E.ZCvllege reet dccross its intersection with S. Dubuque,the work of constructing the fountain and surrounding hardscape.is Lvel nderivaywith many of the trees planted-. µ CA Figure 15. Iowa City Pedestrian Mall—ca.1979 Cn Iwo .f h (Source:Iowa City Public Library,Urban Renewal special collection.) The completed pedestrian mall featured trees and shrubbery in large-scale,timber planters; brick paving;playground area with equipment; and a focal point at the intersection of S. Dubuque and E. College streets.A multi-tiered fountain with large, steel pipe elements was affectionately referred to as "Three Women Peeing."The intersection was further accentuated by a series of terracing steps that accommodated a minor change in elevation via an artistic landscape feature. The area of focus is seen in this view looking northwest across the intersection Section 8 page 79 United Staff V ofth916fiQr 2023 SEP 08 1:43 AML:Jk §" CLERK OF ❑ISTRICT COWge gp of 97 National Park Service!Wational Register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 16. Iowa City Pedestrian Mall— 1980 Alp %L 1 M f I (Source:Iowa City Public Library,Urban Renewal special collection.) In this view looking southwesterly across E.Washington Street we see the north end of the Pedestrian Mall with Black Hawk Mini-Park occupying the open and treed parcel at left. The three-block pedestrian mall was a downtown success almost immediately. With automobiles prohibited, spaces were created for people to interact,including a fountain at the intersection of College and Dubuque streets, shade trees, a variety of seating choices and landscaped walkways. It operated as planners had intended, serving as a centerpiece for both informal and planned downtown activities and events. Its intense use resulted in considerable wear and tear on the physical facilities of the mall, resulting in overhauls in 1990 and in 2019'. Of some 200 pedestrian malls constructed in the U.S. as part of urban renewal projects, the Iowa City Pedestrian Mall remains one of only 1 I retained.79 Summary ; i. F- As a component of urban renewal projects, the pedestrian mall was embraced as a pob-4ve:mspo4 to urban problems including the rise of the commercial shopping center. Established in the heart= F hffiriceTmercial centers, the pedestrian mall bore the potential to draw people of all ages and socio-eggnamic-levels"i n a space where they would find a leisurely and attractive space; the increased activity was intended tc"nliven declining downtowns through economic infusion and community gathering.80 By 1992, development of pedestrian malls (specifically, full malls), were already being found harder to justify given the limited success of many and the reversal of several completed in the 1960s and 1970s. While many factors played into the success or failure of pedestrian malls, the close proximity of a population such as office f 79 Judge, 15. 80 Roberto Brambilla and Gianni Long,For Pedestrians Only:Planning,Design, and Management of Traffic-Free Zones(New York:Watson- Guptill Publications, 1977),9. Section 8 page 80 United 5ta��o&Fb&Br 2023 SEP 08 1:43 AM W"CLERK OF DISTRICT COIWge 81 Of 97 Nationat Pa arvice 1 ationai Register of Historic Places Regfstratron orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State workers and/or students was central to assuring the success of a pedestrian mall.81 In fact, the 2013 study found that being"near or attached to a major anchor such as a university"—as is the case in Iowa City -was a primary indicator of the success of the country's remaining pedestrian malls. Urban renewal in the United States did more in a relatively short period of time to alter the American landscape than any force or movement before or since. While the study of urban renewal remains a burgeoning area of academic study (specifically in the field of historic preservation), the physical impacts of urban renewal are plentiful, with demonstrable examples of both its positive and negative impacts. In Iowa City, the history of the urban renewal program is well-documented in local news accounts, previous historical and architectural survey and evaluation projects, city files, photographic collections held by the Iowa City Public Library and local historians,and in the still vivid memories of the citizens who lived through the 20-year project in their community. Six buildings constructed as part of the urban renewal program are retained in the Iowa City Downtown Historic District;another three or four have since been replaced by new buildings. The Pedestrian Mall,the centerpiece of the Iowa City urban renewal program, remains a vibrant and rare example of the successful application of that urban renewal tool. None of the urban renewal resources meet the 50-year recommended age for registration. However, each contributes to the historical and architectural significance of the Historic District, providing an understanding of the impact of urban renewal on the American downtown that cannot be understood by any other means. In this way, the resources are exceptional and therefore meet the requirement of Criterion Consideration G. V71 r� 81 Harvey Rubenstein,Pedestrian Malls,Streetscapes,and Urban Spaces(New York:John Wiley&Sons, 1992),225. Section 8 page 81 United St2p oEth&Ikf.Qr 2023 SE 08 1:43 AMLdRHI§ CLERK OF DISTRICT CO!_. '�"gQ 82 of 97 National Par Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 9. Major Bibliographical References Bibliography(Cite'the books,articles,and other sources used in preparing this form.) Baker, Joseph E., Mrs. "First Presbyterian Church of Iowa City, Iowa."National Register of Historic Places Nomination, 1973. Bellushi, Jewel and Murray Hausknecht, ed. Urban Renewal: People, Politics, and Planning. Garden City, NY: Doubleday& Co., 1967. Brambilla, Roberto and Gianni Long. For Pedestrians Only: Planning, Design, and Management of Traffic- Free Zones. New York: Watson-Guptill Publications, 1977. Hardwick, M. Jeffrey. Mall Maker: Victor Gruen, Architect of an American Dream. Philadelphia, PA: University of Pennsylvania Press, 2004. Hirsch, Alison Bick. City Choreographer. Lawrence Halprin in Urban Renewal America. Minneapolis, MN: University of Minnesota Press, 2014. Iowa City Historic Preservation Plan. Prepared by the Iowa City Historic Preservation Commission for the City of Iowa City, 2008 Isenberg, Alison.Downtown America. A history of the place and the people that made it. Chicago, IL: University of Chicago Press, 2004. Jacobs, Jane. The Death and Life of Great American Cities. 3'ed.New York,NY:The MudeigLibrak*„1993. Judge, Cole E. "The Experiment of American Pedestrian Malls: Trends Analysis,"preparc:for-the Fr63 6 Future Conference, 2013. =-a cl f + 1 McDowell, Alexa. "Survey and Evaluation Update: Iowa City Central Business District''Prpa��ed fare City of Iowa City and Iowa City Historic Preservation Commission, 2018. `y Nash, Jan Olive. "Iowa's Main Street Commercial Architecture."National Register of Historic Places Multiple Property Documentation Form, 2002. Rubenstein, Harvey M. Pedestrian Malls, Streetscapes, and Urban Spaces. New York: John Wiley& Sons, 1992. Russello Ammon, Francesca. Bulldozer: Demolition and Clearance of the Postwar Landscape. New Haven, CT: Yale University Press, 2016. Slonneger, Marybeth. Finials: A View of Downtown Iowa City. Iowa City: Hand Press, 2015. Svendsen, Marlys A. "Historic Resources of Iowa City, Iowa: Architectural and Historical Resources of Iowa City Central Business District, 1855-1950." Draft,National Register of Historic Places Multiple Property Documentation Form, 2000. 1 Svendsen, Marlys A. "Survey and Evaluation of the Central Business District." Prepared for the City of Iowa City and Iowa City Historic Preservation Commission, 2001. Wilson, James O., ed. Urban Renewal. The Record and the Controversy. Cambridge, MA: The M.I.T. Press, 1966. Sections 9—11 page 82 United StaFo�o&Flht�r 2023 SEP 08 1:43 AM"W"CLERK OF DISTRICT COL�ge 83 of 97 National Park eroice 1 National Register of Historle Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Archives Iowa City Public Library. Digital photograph collection. http://history.icpl.org. State Historical Library of Iowa, Iowa City. Photograph collection. University of Iowa Special Collections. https:Hdigital.lib.uiowa.edu/atlases/index.php. - Newspapers Iowa City Press-Citizen. "Historical Status Saves College Block."August 02, 1973. . "It's a Fact."October 08, 1974. Daily Iowan (Iowa City). "College Block Building: Renewal `claims' landmark," October 09, 1975. Iowa City Press Citizen. "City hires designer for pedestrian malls."March 10, 1976. "Pedestrian malls get go-ahead."May 04, 1976. "Council acts on renewal... and street closure."June 22, 1976. "Less downtown development hinted."December 09, 1976. - "Funds okayed for pedestrian malls."March 15 1977. r "Pedestrian malls bond issue planned."April 23, 1977. _ -r1 "Ideas available."May 10, 1977. "Council votes against mini-parks."May 25, 1977. � "Shoppers want green downtown,"May 31, 1977. Des Moines Register. "How being `sinful' paid off for Joe and Matilda Baker."June 12, 1977. "Mall design mirrors minipark."July 26, 1977. "Council: Complete drawings for pedestrian mall."August 03, 1977. "Council okays design for pedestrian mall." October 18, 1977. "College Block: Renewal work begins."December 27, 1977. "Face of downtown Iowa City changing fast."August 11, 1978. "Urban renewal '79—Year of brick and mortar."December 29, 1978. "Hotel grant application needs more detail, U.S. officials say."May 14, 1983. "Report: New hotel `moved' Bushnell's."March 15, 1984. "Dispute resolved over hotel, cracks." April 11, 1984. Post-Gazette News. "The story of urban renewal,"May 21, 2000. Available online at https:Hold.post- gazette.com/businessnews/20000521eastliberty1.asp. Retrieved 07/09/2020. Sections 9—11 page 83 United 5tap "o&F1kf iQr 2023 SEP O$ 1:43 AMV N§�CLERK OF DISTRICT COWge 84 of 97 National Par Service i National Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Online Resources 1966 Interview of James Baldwin by Kenneth Clark. Available online at https://www.youtube.com/ watch?v=T8Abhj 17kYU. Retrieved 07/23/2020. "Berman et al., Executors, v. Parker et al." October Term, 1954. Available at http://cdn.loc.gov/service/11/ usrep/usrep348/usrep348026/usrep348026.pdf. Retrieved 07/15/2020. Central Park History. https://www.centralparknyc.org/park-history. Retrieved 07/10/2020. Kalamazoo Pedestrian Mall. https://www.kalamazoomi.com/hisf.htm. Retrieved 07/10/2020. Kalamazoo Pedestrian Mall. https://www.google.com/maps/search/kalamazoo+pedestrian+mall/ @42.2898803,-85.584599,407m/data=!3ml!le3. Retrieved 07/10/2020. The Landscape Architecture of Lawrence Halprin. https://telf.org/sites/default/files/microsites/ halprinlegacy/charlottesville-mall.html. Retrieved 07/10, 2020. St. Paul Historical Society, "Rondo Neighborhood."Available online at https://saintpaulhisqical.com/items/ show/160. Retrieved 07/13/2020. Urban Reviews. http://www.urbanreviewstl.com/2009/11/north-america-cities-that`h ve-or�-had-a;pedestrian- mall/. Retrieved 06/25/2020. a� crt CD Sections 9—11 page 84 United St��o&WIL Qr2023 SE 08 1:43 AM W"CLERK OF DISTRICT COLW"gL $r� of 7 National Par service 1 ationaI Register of Historic Places Registration AM" NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Previous documentation on file (NPS): preliminary determination of individual listing (36 CFR 67) has been requested previously listed in the National Register previously determined eligible by the National Register designated a National Historic Landmark recorded by Historic American Buildings Survey # recorded by Historic American Engineering Record# recorded by Historic American Landscape Survey# Primary location of additional data: _X_State Historic Preservation Office Other State agency Federal agency _X_Local government University Other Name of repository: Historic Resources Survey Number(if assigned): 10. Geographical Data -- - Acreage of Property' approx. 25-acres (Do not include previously listed resource acreage;enter"Less than one"if the acreage is.99 or less) Latitude/Longitude Coordinates Datum if other than WGS84: (enter coordinates to 6 decimal places) 1 41.661280 -91.534600 5 41.658956 -91.530201 Latitude Longitude Latitude Longitude 2 41.661256 -91.531650 6 41.658964 -91.531264 Latitude Longitude Latitude Longitude 3 41.660655 -91.531639 7 41.658347 -91.531682 Latitude Longitude Latitude Longitude 4 41.660663 -91.530201 8 41.658451 -91.534632 Latitude Longitude Latitude Longitude Sections 9—11 page 85 United Sty "ofihElbt�r 2023 SEP 08 1:43 AM I§"CLERK ❑F DISTRICT COWge 86 of 97 National Park Service 1 ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 03. Coordinates Map f 1 i t. r � _ � Sri• N -01 Pf �.iJ�':i';:.. . _ri• `_� ^'_l:. ';rr.' - .;,:fly .��� � r,_,� ��f_ ?IJ1� L x a• il�i A ��., ram) Y' C A �wy.ev (Source:Basemap,https://www.maps.google.com.Retrieved 04/03/2020.) The above numbered locators correspond to the preceding latitude/longitude coordinates. cn Verbal Boundary Description (Describe the boundaries of the property. The Iowa City Downtown Historic District covers five full city blocks and three half-blocks (Figure 03); its boundary runs north along S. Clinton Street on the west, then two blocks east along Iowa Avenue where it turns south for 1/2-block along S. Linn Street, turning east along the alley between Iowa Avenue and E. Washington to S. Gilbert Street,taming south to E. College Street,turning west to the rear of the Carnegie Library where it then turns south on S. Linn Street to the alley between E. Burlington Street and E. College Street where it runs west to meet S. Clinton Street. Boundary Justification (Explain why the boundaries were selected.) The district boundaries include the best-preserved commercial buildings in the downtown with a minimum amount of non-period of significance intrusions. The streetscape facing S. Clinton Street bears particular significance for its retention of late 191 and early 201 century commercial buildings. S. Washington, E. College, and D. Dubuque streets also retain significant early commercial buildings. The near complete loss of historic fabric along E. Burlington Street prevented including that streetscape in the district boundary. Sections 9—11 page 86 United Stap T o&FILt"r 2023 SEP 08 1:43 AM�p� CLERK OF DISTRICT COWge 87 of97 National Park Serv{eel ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 11. Form Prepared B name/title Alexa McDowell/Architectural Historian date 04/20/2021 organization AKAY Consulting telephone 515-491-5432 street&number 526 401 Street email akaymcd(&,hotmail.com city or town Des Moines state Iowa zip code 50312 Additional Documentation Submit the following items with the completed form: • GIS Location Map(Google Earth or BING) • Local Location Map—Showing District Boundaries—2019 • Floor Plans(As Applicable) e Photo Location Map (Include for historic districts and properties having large acreage or numerous resources. Key all photographs to this map and insert immediately after the photo log and before the list of figures). 1-4 • C.� Q y :ter w �i Q Sections 9—11 page 87 United StmEr ofihglbfmQr 2023 SEP 08 1:43 AM"S e un e, a on Oh§"CLERK OF DiSTRI CTCOWge 88 of 97 National tional Register of Historic Places Registral.on orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 04.USGS 7.5 Minute Topographic Map—Iowa City Quad- 2015 !SMW I ,�!rwl-. I-!r IT r W4S41 -E MUM St IOWA' CITY; Iowa City Downtown SOL z Historic District jsw P L 00 OMANI) T f7a C3 C—) ZI C— C4 Fri =b M Sections 9—11 page 88 United 5tapE o&FlhfiQr2023 SFR 08 1:43 AJ§"CLERK OF DISTRICT COWge 89 of 97 National Park$II,,,1 ational Register of Historic Places Reg istrati_on1�o-rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 05.Aerial Locator Map Showing District Boundaries—2020 ` � ` �F� � `• 100{I ft '�r + r iL2001fJ y �` �.� ! t j� _ ! Ali IOWAAVENUE i TINN ;•A r: N S Wash,trgfan StreetLU Ex — w i Cr LU z [{k m Uj �f F • 4 � i I[ 100 ff i EAST BURLINGTON STREET NOTE: the location of the pedestrian mall is indicated in blue. Sections 9—11 page 89 united StapEqp o&fr16EQr 2023 SEP 08 1:43 AMVXH"§ft\�Z CLERK OF DISTRICT CDI-pige 90 of 97 National Park Servv[ce l ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 06. Table of District Resources Address Historic Name Built Style Status Common Name Date S. CLINTON ST. 8 Dey Building 1917 Classical C* S. Clinton St. (Iowa Book&Supply) Revival 10-14 Coast&Sons Building 1892 Classical C* S. Clinton St. I Revival 16 Namur Bakery Building ca.1874/ Italianate C* S. Clinton St. McDonald Optical) ca.1884 18-20 Commercial Building ca.1874/ Mixed C* S. Clinton St. ca.1944 22 The Airliner ca.1888/ Modern C* S. Clinton St. 1950 Movement 24-26 Racine's Cigar Store No.3 ca.1874 Italianate C* S. Clinton St. 28 Ewers Men's Store ca.1874/ Commercial C* S. Clinton St. ca.1923 Style 30 Bloom-Ries Building ca.1874 Italianate U S. Clinton St. Moses Bloom Clothing Store �l 32 Whetstone Building ca.1868/ Italianate C* S. Clinton St. 1874 1 _ l 102 Iowa State Bank&Trust 1912 Chicago NRFN I " S. Clinton St. Johnson County Savings Bank Commercial 114 Strub Building ca.1865/ Contemporary NC S. Clinton St. Roshek's Department Store ca.2005 124 Hawkeye Barber Shop 1979 Modern C' S. Clinton St. Movement 130 Things&Things&Things 1970 Modern C S. Clinton St. Movement 132 Bill Hill Music Studio 1971 Modern C S. Clinton St. Movement 210-212 (Safeway 2000 Building/Joseph's) 2000 Contemporary NC S. Clinton St. Post Modern E.COLLEGE ST. E. College from City Plaza 1978-79 n/a C* Clinton to Linn St., (Ped Mall) S. Dubuque from College to Iowa 103 Savings and Loan Building 1877/ Art Deco C* E.College St. 1940 109 Dooley Block(west bay) ca.1874/ Romanesque C* E.College St. 1929 Revival 110 Carson Building ca.1916 Chicago C E.College St. Commercial 112 Commercial Building ca.1915/ Contemporary NC E. College St. 2013 114-116 Schneider Bros. Furniture Store 1883/ Chicago C E.Colle e St. 1906 Commercial 111-113 Sears,Roebuck&Co.Building 1929 Chicago C* E.College St. Commercial 115 Dooley Block(east bay) ca.1895/ Romanesque C* E.Colle e St. (Gringo's) 1929 Revival Sections 9—11 page 90 United Step o1Eh�l6t> r2(323 SEP d$ 1:43 AM H CLERK OF DISTRICT COWge 91 of 97 National Par service 1 ational Register of Historic Places ftegistra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State E.COLLEGE ST., Cont'd 117-123 Crescent Block 1894 Commercial C* E.College St. Style 118-120 Commercial Building ca.1874 Romanesque C E.College St. I Revival 125 College Block Building 1878 Italianate NRHP E.Colle e St. 128 Plaza Centre One 1977 Modern C E.College St. Movement 312 Iowa City Masonic Temple 1914 Classical C* E.College St. I Revival 320 Trinity Episcopal Church 1871/ Gothic Revival NRHP E.College St. 1971 S.DUBU UE ST. 1 Park House ca.1867/ Romanesque 7—C S.Dubuque St. ca.1897/ Revival ca.1899 2-4 Market Hall 1873/ Romanesque = S. Dubuque St. ca.1947 Revival/ CD Modern Movement 5 F.J.Epeneter Building(north half) 1883/ Commercial ` S.Dubuque St. ca.1933 Style r- 6-8 Ham's Hall(north two-thirds) ca.1873/ Art Deco -E Fri S.Dubuque St. ca.1930 7 F.J.Epeneter Building(south half) ca.1874 Italianate 1 eal S.Dubuque St. ca.1930 9 Patterson Block(north half of north 1879/ Renaissance C S.Dubuque St. half) 1899/ Revival 1982 10 Ham's Hall(south one-third) ca.1873/ Romanesque C S.Dubuque St. ca.1925 Revival 11 Patterson Block(south half of north 1879/ Romanesque C S. Dubuque St. half) 1899/ Revival 1982 12 Commercial Building ca.1870 Italianate C S.Dubuque St. Sorts Column) 13-15 Prairie Lights Book Store 1983/ Contemporary NC S.Dubuque St. 1993 14 Mueller Block ca.1909 Contemporary NC S.Dubuque St. Sorts Column 17 J.J. Stach Saloon ca.1876 Romanesque C S.Dubuque St. I Revival 19-21 Scanlon Saloon/ ca.1874/ Romanesque C S. Dubuque St. Maresh&Holubar Tin Shop ca.1875 Revival 23 Commercial Building 1879/ Contemporary NC S.Dubuque St. 1970 109 Jefferson Cafeteria ca.1915 Commercial C S.Dubuque St. Style 111 Commercial Building ca.1860 Early Classical C* S. Dubuque St. I Revival 115 Franklin Printing House 1856 Early Classical NRHP S.Dubuque St. Revival Sections 9—11 page 91 United Stfgq ofihfil�r 2023 SE 08 1:43 AM&HH§ CLERK❑F DISTRICT COL#qge 92 of 97 National Pa service/National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property Countv and State S.DUBUQUE ST., Cont'd. 118 Commercial Building ca.1881/ Second C* S.Dubuque St. ca.1890 Empire 124 Iowa Theater 1936 Art Deco C S. Dubu ue St. 220 Holiday Inn 1984 Modern NC S.Dubuque St. (Sheraton Hotel) Movement E.IOWA AVE. 113-115 Bushnagel Building ca.1875 Romanesque C E.Iowa Ave. Revival 117 Studio Tea Room ca.1922 Commercial C E.Iowa Ave. I Style 119 Commercial Building 2004 Contemporary NC E.Iowa Ave. 121-123 Brunswick Hall ca.1890/ Mixed/ C E.Iowa Ave. 1946 Commercial 211 C.O.D. Steam Laundry Building ca.1895/ Italianate C E.Iowa Ave. ca.1960 213 Reardon Hotel ca.1900/ Italianate C E.Iowa Ave. 1932 0 219 Capitol Square Condominiums 2001 Contemporary NC E.Iowa Ave. 225 Brueggers Bagel Bakery 2013 Contemporary NC _y E.Iowa Ave. 229 Vogel House 2001 Contemporary NC - j E.Iowa Ave. r—n S.LINN ST. 7 S.Linn Street 7 South Linn 2019 Contemporary NC 13-15 Hohenschuh Mortuary 1917 Georgian C* S.Linn St. Revival 28 Old Post Office 1904/ Beaux Arts NRHP S.Linn St. 1931 104-116 J.A. O'Leary Velie Co.Garage/ 1919/ Commercial C S.Linn St. Iowa Apartment Building 1924 Style 122 Meardon Building 1977 Modern C S.Linn St. Movement 123 Iowa City Public Library 2004 Contemporary NC S.Linn St. 201 Plaza Towers/Hotel Vetro 2004 Contemporary NC S.Linn St. 218 Iowa City Public Library(Carnegie) 1903 Classical C* S.Linn St. Revival E.WASHINGTON ST. 109 Hands Jewelry Building ca.1868/ Modern C* E.Washington St. 1968 Movement 110 Western Union Building 1930/ Classical NC E.Washin ton St. 1991 Revival 112 Sunier Music&Jewelry Store 1900/ Classical C E.Washington St. 1929 Revival 114-116 Corlett Livery/M.Moon Drug ca.1874/ No Style NC E.Washington St. 1963 Sections 9—11 page 92 United Staff �of hFiblEgr 2023 SFP 08 1:43 AM MWW CLERK OF ❑ISTRICT COWge 93 of 97 National Park Service 1 ational Register of Historic Piaces Registration orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Pro County and State E.WASHINGTON Cont'd. 111-117 Younker's Department Store 1951 Modern C E.Washington St. Movement 118 Freeman Building ca.1874/ Commercial NC E.Washington St. ca.2002 Style 120 Bremer's Building 1964 Modern C E.Washington St. Movement 121 S.S.Kresge Co.Building 1930/ Modern C E.Washington St. 1956 1 Movement 124 Security Insurance Co.building ca.1869/ Romanesque NC E.Washington St. ca.2010 Revival 126 Commercial Building ca.1869 Early Classical C E.Washington St. Revival 128 Arcade Building ca.1874/ Chicago C* E.Washington St. 1927 Commercial 129-131 Hotel Jefferson 1913/ Chicago C* E.Washington St. 1926 Commercial 132 Pryce&Schell Building ca.1879 Italianate C E.Washington St. (73 201 Park@201 2012 Contemporary NC - E.Washington St. 202-214 First National Bank 1888/ Mixed C* E.Washington St. 1911/ �— ca.1990 207 Paul-Helen Building 1913 Chicago NRHP! E.Washin ton St. Commercial 216 Stillwell Building ca.1880 Italianate C* C-1.) E.Washin ton St. 218 IXL Block(west bay) 1883/ Italianate C* E.Washington St. ca.1970 220 IXL Block(center bay) 1883/ Italianate C* E.Washington St. ca.1970 221 Englert Theatre 1912 Renaissance NRHP E.Washington St. Revival 225 Schump Transfer&Storage 1910 Commercial C E.Washington St. Style 227 Stillwell Building 1910/ Modern C* E.Washin ton St. ca.1949 Movement 228 First National Bank Drive-In Bank 1962/ Colonial C E.Washington St. 1980 Revival 229 Meacham Travel 1971 Modern C E.Washington St. Movement 319 Iowa City Press-Citizen Publishing 1937 Art Moderne C* E.Washington St. 320 Ecumenical Housing 1980 Contemporary NC E.Washin ton St. 328 The Abbey Apartments 2011 Contemporary NC E.Washington St. 330 Eldon Miller building 1955 Modern C E.Washington St. 332 Boerner-Fry Company/Davis Hotel 1899 Late Victorian NRHP E.Washington St. Sections 9—11 page 93 United Sta��otEhgi�r2023 SEP 08 1:43 AM i§� CLERK OF DISTRICT COWge 94 Of 97 National Par Service!National Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State PED MALL OBJECTS Ped Mall Integratedplanters/retaining walls 1979 n/a C Ped Mall Series of small-scale,limestone 2019 n/a NC planters Ped Mall Playground Equipment 2019 n/a NC E.of Dubuque& College streets intersection Ped Mall Sculpture:Musicians(bronze) ca.2000 n/a NC West end E. College Ped Mall Sculpture:"Writers in a Cafe" 2019 n/a NC West end E. College West end E. College Street Ped Mall Sculpture: Obelisk(1) ca.2018 n/a NC ES Dubuque St. Ped Mall Sculpture: Obelisk(2) ca.2018 n/a NC WS Dubuque St. Ped Mall Sculpture:Dad and Boy(bronze) ca.2019 n/a NC East End E. College r� 71 • _ c'V "fir 7 CD I I Sections 9—11 page 94 United 5taP�oiE FIhFmBr 2023 SEP 08 1:43 AME�� CLERK OF DISTRICT COLW9e 95 of 97 National Par Service 1 National Register of Historic Places Registration arm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Photographs: Submit clear and descriptive photographs. The size of each image must be 3000x2000 pixels,at 300 ppi(pixels per inch)or larger. Key all photographs to the sketch map.Each photograph must be numbered and that number must correspond to the photograph number on the photo log. For simplicity, the name of the photographer,photo date,etc.may be listed once on the photograph log and doesn't need to be labeled on every photograph. Photo Log Name of Property: Iowa City Downtown Historic District - City or Vicinity: Iowa City County: Johnson State: IA Photographer: Alexa McDowell Date Photographed: March 2018, 11/14/2019, and 12/18/2019 Description of Photograph(s)and number,include description of view indicating direction of camera: Photo 1 of 34: View of Iowa Avenue, looking SE across S. Clinton Street Photo 2 of 34: View of S. Clinton Street, looking SE across Iowa Avenue 5 R Photo 3 of 34: View of S. Clinton Street, looking SE across E. Washington Street Photo 4 of 34: View of S. Clinton Street, looking NE across E. Washington Street < - y Photo 5 of 34: View of S. Clinton Street, looking NE across E. College Street ;•-� 'p. Photo 6 of 34: View of S. Linn Street, looking north from E. College Street Photo 7 of 34: View of E. Washington Street, looking west from S. Gilbert Street Photo 8 of 34: View of S. Linn Street, looking SE across E. Washington Street Photo 9 of 34: View of S. Linn Street, looking SW across E. Washington Street Photo 10 of 34: View of E. Washington Street, looking SW across S. Linn Street Photo 11 of 34: View of Iowa Avenue, looking SE from S. Dubuque Street Photo 12 of 34: View of S. Dubuque Street, looking SW across Iowa Avenue Photo 13 of 34: View of S. Dubuque Street, looking SE from Iowa Avenue Photo 14 of 34: View of Iowa Avenue, looking SW from Dubuque Street Photo 15 of 34: View of E. Washington Street, looking SE from S. Clinton Street Photo 16 of 34: View of E. Washington Street, looking NW from S. Dubuque Street Sections 9—11 page 95 United Slap f oE&Wlb&Qr2023 SEP 08 1.43 AM0j?pl§�CLERK OF DISTRICT COWge 96 of 97 National Par Service 1 ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Photo 17 of 34: View of E. Washington Street, looking SW from S. Dubuque Street Photo 18 of 34: View of E. Washington Street, looking SE from S. Dubuque Street Photo 19 of 34: View of S. Dubuque Street, looking NW from E. Washington Street Photo 20 of 34: View of S. Dubuque Street, looking SW from E. Washington Street(Ped Mall) Photo 21 of 34: View of S. Dubuque Street, looking NE from E. College Street(Ped Mall) Photo 22 of 34: View of E. College Street, looking NE from S. Dubuque Street(Ped Mall) Photo 23 of 34: View of E. College Street, looking NW from S. Dubuque Street(Ped Mall) Photo 24 of 34: View of E. College Street, looking NE from S. Clinton Street(Ped Mall) Photo 25 of 34: View of Sears Roebuck and Dooley Buildings(109, 111-113, and 115 E. College Street) Photo 26 of 34: View of Crescent Block, 1930s storefront(119 E. College Street) , . . Photo 27 of 34: View of the Carnegie Library building (218 S. Linn Street) —4 Photo 28 of 34: View of Commercial Building(118 S. Dubuque Street)' r-q � Photo 29 of 34: View of Things, Things, Things building(138 S. Clinton Street) ~} ;y.: Photo 30 of 34: View of Franklin Printing and 111 S. Dubuque Street Photo 31 of 34: View of Press Citizen Building(319 E. Washington Street) Photo 32 of 34: View of block of Italianate buildings (216, 218, and 220 E. Washington Street) Photo 33 of 34: View of First National Bank building (200 E. Washington) Photo 34 of 34: View of the Coast& Sons building (10-14 S. Clinton Street) Sections 9—11 page 96 United Staffep ❑ftriElhfa&2023 SE 08 1.43 AM W�CLERIC OF DISTRICT COWge 97 of 97 National Park Sery ce 11 rational Register of Historic Places Registration orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 07.Photo Key Map—2020 %OgL. : �lY6; ' t s 10" fr! d11 FLI `Ft0r ..• W..�. — GenN r' r. To (Source:Base map,https://www.maps.google.com.) Paperwork Reduction Act Statement: This information Is being collected for applications to the National Register of Historic Places to nominate properties for fisting or determine eligibility for listing,to list properties,and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the!National Historic Preservation Act,as amended(16 U.S.C.460 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response Including time for reviewing instructions,gathering and maintaining data.and completing and reviewing the form. Oirect comments regarding this burden estimate or any aspect of this form to the Offrce of Planning and Performance Management.U.S,Dept.of the Interior,1849 C.Street,NW,Washington.DC. Sections 9—11 page 97 United St��o&FIffi r 2023 SEP 08 1:43 AM CLERtt OF DISTRICT COURTPage 1 of 1 National Par 5ery ca! ational Register of Historic Places Regis",Or, orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson Counter, Iowa Name of Property County and State 03. Namur Bakery Building—C* (a.k.a., McDonald Optical) 16 S. Clinton Street Italianate f ca.1874/ca.1884 The Namur Bakery Building is a 3-story, single bay, brick commercial building. ■ ■ ■. The existing storefront has an off-center, recessed entrance with small shop - windows and Vitrolite cladding. The upper levels have three windows, each with elaborate,pressed metal window hoods. The pressed metal cornice has a garland of pointed arches set beneath a denticulated crown molding. The building may date as early as ca.1874, but the Late Victorian era fagade that is retained today dates to ca.1884. For much of its early history, Eugene Namur, confectionery and bakery, was located in there, with the Namur family living in the upper story. The building had a variety of occupants in the 201h century. In 1956 the shop space was taken over by A.J. McDonald for his optical company. McDonald purchased the building in 1969 and the business remains in the storefront space. This contributing resource is a well-preserved example of the commercial form of the Victorian era Italianate. The resource is locally significant under Criterion C as a well-executed, stylistic,,impression in the Iowa City downtown. The building is also significant under Criterion A, contribtitting as,A does„to our understanding of the history of commerce in Iowa City. 04. Commercial Building—C* 18-20 S. Clinton Street Mixed _ y ca.1874/ca.1944 f •• c� -.� This resource is a 3-story, 2-bay, brick with stucco finish, commercial building dating to ca.1874. Despite a significant face-lift in ca.1944, the building remains characterized by two storefronts with a central staircase separating them, flanking firewalls at the roofline by parapets (ca.1874), Y. . — and a north-south ridgeline (ca.1874). Through time, the building's storefronts have been occupied by a variety of retail enterprises A representative of the evolution of the city's downtown commercial trends. Significant among the occupants were Short& Sons, which was located in the north storefront(18) from ca.1925 through the 1950s; the business was one of a handful in the downtown owned and operated by African- Americans. With several of the business operators also inhabiting the upper story apartments, the building also demonstrates the connection of commercial enterprises with downtown residential living practices. As a result of major fagade modifications, the building is not eligible for registration under Criterion C. However,because the building retains its ca.1874 scale,storefront subdivisions,and roof form,and because much of the current facade dates to more than 50-years of age,the building retains sufficient integrity to be considered a contributing resource under Criterion A in association with the history of commerce. Section 7 page 10 Iowa City Histori Preservation Initiativ PETITION E-FILED 2023 SEP 08 1:43 AME�XHh§ CLERK OF DISTRICT COUTa e 2 of 14 Schoolof THE I� r . IOWA I . UNIVERSITY Regional PRESERVATION INITIATIVE OF ■ Planning ID]P THE UNIVERSITY OF IOWA ❑• ❑• To check out this website I O YYA INITIATIVE scan this code with your FOR SUSTAINABLE COMMUNITIES smart phone camera Course led by: Charles Connerly, Phuong Nguyen Course Name: Field Problems Nathaniel Bequeaith Sean Hilton Megan Schott Ayman Sherif In partnership with: � r CITY OF IOWA CITY UNESCO CITY OF LITERATURE IOWA CITY DOWNTOWN DISTRICT PETITION E-FILED 2023 SEP 08 1:43 AML*HHM CLERK OF DISTRICT COUFJTa e 3 of 14 This project was supported by the Iowa Initiative for Sustainable Communities (IISC),a program that partners with rural and urban communities across the state to develop projects that university students and faculty complete through research and coursework.Through supporting these projects,the IISC pursues a dual mission of enhancing quality of life in Iowa while transforming teaching and learning at the University of Iowa. Research conducted by faculty,staff,and students of the University of Iowa exists in the public domain.When referencing, implementing,or otherwise making use of the contents in this report,the following citation style is recommended: [Student names], led by[Professor's name]. [Year]. [Title of report]. Research report produced through the Iowa Initiative for Sustainable Communities at the University of Iowa. This publication may be available in alternative formats upon request. i Iowa Initiative for Sustainable Communities The University of Iowa 332 Jessup Hall Iowa City, IA, 52242 Email: iisc@uiowa.edu Website:iisc.uiowa.edu The University of Iowa prohibits discrimination in employment,educational programs,and activities on the basis of race,creed,color, religion, national origin,age,sex, pregnancy,disability,genetic information, status as a U.S.veteran,service in the U.S. military, sexual orientation,gender identity,associational preferences,or any other classification that deprives the person of consideration as an individual.The University also affirms its commitment to providing equal opportunities and equal access to University facilities. For additional information contact the Office of Equal Opportunity and Diversity, (319) 335-0705. I i PETITION E-FILED 2023 SEP 08 1:43 AME�XHH§ CLERK OF DISTRICT COUFrage 4 of 14 Contents Executive Summary 3 Preservation and Environmental Sustainability 57 Goals of this Report 5 Resource Consumption&Construction Waste 64 Introduction 6 Adaptive Reuse 65 Methodology 8 Social Context/Density 66 Defining Historic 11 Interview Outcomes 68 Chapter 1:Why Historic Preservation Matters 14 Recommendations 70 Why Historic Preservation Matters 15 Chapter 5:Economic Values 72 Chapter 2: Historic Preservation Law 17 Introduction 74 Introduction 19 Funding Mechanisms 75 ZZ Affordability 79 -- ADA Standards for Access 26 Interview Outcomes 82 Chapter 3:Social Values 31 Case Studies 85 —7j Introduction 33 "l Recommendations 89 Iowa City Community Development Goals and ="� Objectives 37 Chapter 6:Conclusion 92 Interview Outcomes 50 A Tapestry of Social Factors 93 Recommendations 51 Recommendations—A Comprehensive List 95 Chapter 4:Environmental Values 53 Wrap-up and Places for Future Research 100 Introduction 55 Glossary 102 Iowa City Goals and Objectives 55 Bibliography 107 PETITION E-FI LED 2023 SE 08 IA3 AME�XpV@ftNIt CLERK OF ❑ISTRICT COUFgage 5 of 14 Executive Summary Iowa City has an active downtown with rich historic character and a diversity of building types, new and old.A number of buildings in the downtown are listed in the National Register of Historic Places (NRHP). While a NRHP listing offers minimal protection to these structures, it does incentivize historic rehabilitation and conservation to retain the historic integrity of the community. Locally, cities have the authority to protect historic buildings and areas through the creation of local historic landmarks and districts, which are typically regulated by adopted historic preservation guidelines. Local historic districts give local governments greater power to protect historic buildings, neighborhoods,and downtowns. While local historic protection is based on the framework of national and state standards,these should be established in a way that protects the long-term viability of downtowns and neighborhoods and is supportive of other community goals. This report enriches understanding of historic preservation, especially as it is applied to Iowa City's downtown, and how that practice addresses, or fails to address,the shared values and needs of the community.This report establishes and delivers recommendations on how local preservation policies can be made to better address local needs—not just preservation needs, but also other needs,such as:environmental needs, inclgding those pertaining to sustainability and climate change; accessibility, particularly for the disabled;�nrnmunl�y development and improvement; and affordable housing.These are key areas of broad conceraicleAdfied by-._:., National Main Street Director Patrice Frey as related to but not usually underscored by histc2ic presggvation and its advocates. She argues in a February 8, 2019 article in CityLab that preservation's stock can,be betur supported by extending the conversation about preservation to include preservationists and thd'se who primarily think about and advocate in each of these related areas. Our recommendations are7basedpn studying and summarizing the underlying principles of historic preservation, reviewing state and federal guidelines, and conducting stakeholder interviews with community leaders, policy makers, building owners,and business owners and then drawing conclusions based on our objective of exploring the value of historic preservation in downtown Iowa City beyond the protection of older buildings In particular we recommend that careful thought be given to how downtown Iowa City represents not only the extant historic buildings in downtown Iowa City, but as the city center it represents the history of the various peoples who have lived or live now in Iowa City, even before Iowa City was incorporated under that name. Findings Overall,the team's interview and data collection process highlighted that,while challenges in preserving older structures exist in the downtown, interviewees are enthusiastic about preserving the downtown in a way that addresses broader community goals.Through feedback from stakeholders,the team was able to identify how preservation can both conflict, and be compatible with, community goals. 3 PETITION E-FI LED 2023 SEP 08 1:43 AM0XHU§ft\*CLERK ❑F DISTRICT COUWage 6 of 14 Some of the key outcomes include: ► Stakeholders expresses a willingness to work towards enhanced historic preservation guidelines that are compatible with social,environmental, and economic goals. ► Preservation is inherently compatible with environmental sustainability and receiving building LEED Certification. ► Many commercial buildings in Iowa City have not taken advantage of free energy audits provided by the City through AmeriCorps. ► A perception exists that the City completely disallows renewable energy upgrades, such as solar panels on historic buildings throughout the city. ► Opportunities exist for cooperation between historic preservation,the Iowa City Downtown District, and the City in support of the arts downtown. ► Rehabilitation and restoration training can provide needed skilled labor as well as offer economic opportunities and employment. ► In Iowa City's downtown, Historic Tax Credits and other financial incentives are underutilized due to the high upfront costs of restoration,the perception of a lack of flexibility and transparency in the restoration process,and a missing middle of funding opportunities. Patrice Frey, president of the National Main Street Program, reports in her 2019 CityLab article that smaller projects that typify many smaller town or city downtowns (typically less than$5 million)are not large enough to justify the employment of Federal Historic Tax Credits. ► Lease rates for commercial properties in the downtown are more affordable than those in new buildings downtown and new buildings on the fringe of Iowa City. ► Housing and commercial affordability analysis is limited by a lack of consistent and available data. ti J 1 4 PETITION E-FILED 2023 SEP 08 1:43 AM)M§Mt CLERK OF DISTRICT COUWage 7 of 14 Historic Resources in Downtown Iowa City In 2018,the City completed a Survey and Evaluation Update of the Iowa Central Business District (SEICBD)which inventoried and evaluated the historic resources downtown.The primary goal of this report was the identification of historic resources that individually or collectively meet the criteria for listing in the National Register of Historic Places. The evaluation found a high density of historic resources in the downtown and that the potential for a historic district exists. Figure 0.4 maps the extent of older structures in the downtown. In the 2018 evaluation, resources are categorized under four levels of eligibility or ability to contribute to the designation of a historic district. Categories include contributing resources, key contributing resources, individually NRHP eligible resources, and non-contributing resources. Definitions and criteria for each type of resource can be found below. Figure 0.5 shows the historic resources in the downtown by type, which are defined here and in the report's glossary. 18-20 S. Clinton I Universlty.of Iowae :F i'` i'A.' I e Prnacri I} ` I lit V' � EN'.shington6r _,,, �.v. . OW LEGEND ` - Eeoiegese: a, Pre-1920 I n �� I�rye;• 1920-1959 1960-1979 r I x I 1980-19B9 - 1990-Present ° EBurlington St I r, '—_' - -. ParkingJ. Figure 0.4: Buildings by Age Individually Eligible Resource Individually eligible resources meet the highest standard of eligibility for inclusion in the NRHP. Individually eligible resources are buildings usually of at least 50 years of age, must retain high historic integrity on the exterior and interior of the building, and retain character-defining features necessary to convey its significance. 12 PETITION E-FI LED 2023 SE 08 1:43 AML*MH§ftNjt CLERK OF DISTRICT COU Wage 8 of 14 Key Contributing Resource These resources indicate increased impact on the sense of time and place conveyed in a downtown streetscape. Buildings with the designation of key contributing may have a diminished historic integrity (preventing individual eligibility in the NRHP, but their significant to the character of the streetscape,to their architectural style or their historical context, elevates their importance,they must also usually be no less than 50 years old. Contributing Resource Contributing resources are buildings usually of at least 50 years of age,with a demonstrated historical association or representing an architectural style, but which lack the degree of historic integrity necessary to be considered individually eligible. Contributing resources together in a district retain sufficient historical significance and convey a sense of place, however, do not retain enough significance to be individually eligible in the NRHP. Non-Contributing Resource Non-contributing resources are those built less than 50 years ago, or which do not meet tlie-a,for@lentioned standards required to be considered a contributing resource. In many cases in the downtown, bL4dings re considered non-contributing because they are too new,they have been altered to heavily thus c"promdis_ii g their historic character, or they are not in close enough proximity to other historic struct-uses to considered a contributing resource to a potential district. 1.18-20 S. Clinton FIGURE 0.5: HISTORIC RESOURCES IN THE DOWNTOWN Unrversily of Iowa Penlaunl in N OV"i y..N - . yy 71 stwr •� .1 I •'ems I •rr IZ Ir iy^fir ,t tl i ��� r�� � �r�-• F� Its;, _ Y t LEGEND E Non-Contrlbul Ing IF. C f II�„C y �+�• `'_ '� _ +� Contnbuting �•! I� R�. +^_.rP.l, - Key LORtnhutl Lw7 Individually NRHP Listed _ - E Burlington St. N FARM 0 Indlwdually NRHP Eligible - ._:Parking f 13 PETITION E-FiLED 2023 S E P 08 1:43 AMEiXH"§ffjt CLERK OF DISTRICT COUFpTage 9 of 14 Introduction The value of historic preservation has been clearly recognized, especially following the introduction of the City's first historic preservation plan of 1992. The plan's mission statement established that, "Iowa City and its citizens seek to identify, protect, and preserve the community's historic resources in order to enhance the quality of life and economic well-being of current and future generations."46 The need to preserve the City's historic resources is also recognized across many other City documents, planning visions, and processes.The 2018 report of the Historic Survey and Evaluation of the Central Business District(SEICBD) points to the pressures historic resources _ encounter in the face of"build up"trends. Controversy over the construction of the Plaza Towers/Hotel Vetro built in 2004, and the early construction of the Vogel House, led to public backlash and calls for measures to protect historic resources and the character they create in the community."The urgency of addressing the protection of-the community's historic sites and structures is expressed through the recent loss of the Benevolent Protective Order of Elks (BPOE), a building that was listed as a contributing resource in the SEICBD.41 This Colonial Revival structure was built in 1909 and was a contributing resource to a possible NRHP district, Without local protections this building, and the history it represents, has been lost to demolition and redevelopment. 4 T1 s CA 4s City of Iowa City,Historic Preservation Plan. (p.16) 4'City of Iowa City, Historic Preservation Survey and Evaluation Update of the Central Business District.(p.12) 48 Ibid. (p.35) 33 PETITION E-FILED 2023 SEP 08 1:43 AML:�RHH§ft\lt CLERK OF DfSTRICT COWge 10 of 14 accounted for Iowa's largest population growth between 2010 and 2015.56 Recent census estimates indicate that Johnson County's population climbed from 131,339 to 151,260 between 2010 and 2018Y Also, both Iowa City and neighboring Coralville have experienced an increase in their foreign-born population averaging 14.4% and 18% respectively, which is higher than the United States'average of 13.2%.s$This data confirms the strong influence of the student population.which is often hailed as one the city's strengths. However,the proximity of the university's main campus to the study area may pose many challenges. One such issue is students' demand for housing around downtown and the transient nature of college students housing needs—by commonly staying in a single community for a few years and not establishing roots—which conflicts with the community values and needs as reflected in the adjacent neighborhoods to the north and east of downtown.59 Also, changing demographics as indicated by this data draws attention to changing cultures emerging in the city, and the importance of including them in the City's community development planning process. Iowa City Community Development Goals and Objectives Public Engagement "Cities have the capability of providing something for everybody,only because, and only when,they are created by everybody,"Jane Jacobs." Public engagement is a value repeated across the City's documents.The Community Vision of the Iowa City Comprehensive Plan Update (IC2030) included "promoting opportunities for civic engagement and human development for all who call Iowa City home."61 Civic engagement has long been the trend associated with the City's planning as witnessed in Beyond 2000, a plan adopted in 1997 that divided the city into ten districts, with w 56 State Library of Iowa,Iowa Population Trends and the Future of Your Library. s�, _ Social Explorer." 58 U.S. Census Bureau. ='4 -y 59 City of Iowa City, Downtown and Riverfront Crossings Master Plan. p.49 r� C'1 "Jacobs, "The Death and Life of Great American Cities" 61 City of Iowa City,IC2030:Comprehensive Plan Update. p.7 37 PETITION E-FILED 2023 SEP 08 1:43 AML*Hj§ftNt CLERK OF DISTRICT COl.gge 11 of 14 planners engaging the public and assisting districts' residents to formulate their individual visions and goals." Also,the SEICBD recognizes the role of community in the planning process as a critical component.63The SEICBD's public engagement process included three presentations:the first provided an overview of the SEICBD and a discussion about the impact of new development and loss of identity due to developmental pressures;the second was a presentation focused on concerns related to business and property owners, and the final presented the findings and recommendations.The list of participants mostly included County and City officials, downtown businesses owners, and representatives of the downtown district.64 For historic preservation in downtown to have the broad public support that Patrice Frey envisions in her article, it is imperative that as many people as possible,from diverse backgrounds, be brought into the process of not only evaluating the historic buildings and spaces in downtown but in constructing the historical narratives that mark downtown Iowa City as the civic center of an historic and varied community. As an example,the iconic Englert Theatre,owes its survival to the public engagement efforts made by a group of citizens during the early 2000s.This group worked hard to convince the City of Iowa City to purchase and hold the property in a trust until funds could be secured to renovate it. Iowa City's historic preservation goals necessitate strong public engagement tools that can effectively communicate the message of historic preservation—as a public good—to the community at large. Indeed,the current efforts of the City to establish a National Register Historic District in the downtown is an attempt to preserve cultural heritage and prevent the negative externalities associated with the loss of historic properties through demolition and new development. For example, Goal 4 of the Iowa City Historic Preservation Plan (ICHPP) of 2008 discusses provisions for technical assistance, Goal 5 discusses heightening historic preservation's public awareness, and Goal 7 focuses on maintaining and strengthening historic preservation support.The issues addressed in these goals require the community's wider participation as articulated by Ivis Garcia phis study on j the neighborhood of Humboldt Park in Chicago,Garcia looks at community engagement as'an"ongoing pr-oc,?ss of facilitation of community members,especially the underrepresented groups, in designing Iheir'-A neighborhoods and cities."6S -fit Garcia's commentary is supported by the 2018 award-winning book, Constructing the Dynomo;of[tle: Rtrt c , Urban Planning, and Cosmopolitanism in Chattanooga, Tennessee, by Courtney Elizabeth Knapp. Rapp 62"Iowa City Comprehensive and District Planning." 63 City of Iowa City,Historic Preservation Survey and Evaluation Update of the Central Business District. p.4 64 Ibid.p.5 65 1V15, "Community As A Campus,"p.522 38 PETITION E-FILED 2023 SEP 08 1:43 AME!*H"§ CLERK OF DISTRICT COL04ge 12 of 14 contrasts the "cosmopolitanism" of city efforts to attract the middle and upper classes to Chattanooga (what others call gentrification) with what she calls "diasporic placemaking,"which are efforts to recognize that city's diaspora—inclu ding Cherokees who were forced to embark from Chattanooga on the Trail of Tears in the 1830s and African Americans, many as slaves,who came to Chattanooga both before and after the Civil War. She cites the efforts, some successful, some not so much, by Chattanoogans to mark through art and preservation the historic contribution and heritages of these groups. In the same way, as planners and public leaders contemplate the historic character of downtown Iowa City,they should seek to broaden public interest and engagement in historic preservation by broadening it to include not only the extant buildings in downtown, but also the central importance of downtown Iowa City to the lived experience of all Iowa City's residents past and present. This can and should include the Meskwaki who occupied the Iowa City region just as Indian cessions were forcing them to the west in the 1830s,African Americans who came to Iowa City during and after the Civil War to escape slavery and Jim Crow and later came to Iowa City to attend the University of Iowa, and Mexican immigrants who moved to Iowa City to work for the Rock Island railroad as troqueros. Iowa City's historic preservation faces important issues that if addressed can create a reinforcement loop between the public engagement process and the advancement of historic preservation goals. First, it is important to identify and create new ways to engage the broader public, especially the groups that have historically been underrepresented in historic preservation such as those just named. Second, it is necessary to explore, identify, include, and honor cultural and architectural elements that contributed to the history of the city with a focus on historically underrepresented groups.As noted,there is much to be learned about the important African American history and Mexican history in Iowa City.And in addition to the Meskwaki settlements near Iowa City, it is also important to recognize that in 1856 in the Iowa Capitol,adjacent to V downtown,the Iowa legislature voted to permit the Meskwaki to purchase land in Tama:bunt t a time that California was seeking to exterminate Indians. The Iowa Capitol is also where the state-legislata p in 1857. adopted the state's current constitution,whose first section states"Ail men and womeR,are, by%ture-free and equal..."thereby establishing a heritage of equality under the law that resonates to this-,c1ar;� Tlmrl,it is also necessary to reintroduce heritage tourism to reflect the contributions of the City's diverse histot'v and culture, support economic development, and to increase awareness and support to historic preservation. Lastly, attention should be paid to increasing educational opportunities that target the public in general, and future generations specifically, is important to draw the city's future with broader involvement in historic preservation. Returning to the goal of diasporic placemaking, it therefore should be the goal of historic preservation in Iowa City to encourage broad public participation by recognizing the various groups such as the Meskwaki,African 39 PETITION E-FILED 2023 SEP 08 1:43 AME�ftIfftl%t CLERK OF DISTRICT C0Wge 13 of 14 Americans,and Mexicans who have played an important if not fully recognize role in the city's history—a history that is reflected in a downtown that is the civic center of the community. The first goal of the ICHPP of 2008 relates to identifying historic resources significant to Iowa City's past, whereas another goal is focused on establishing and supporting heritage tourism efforts. Both are important and can be used in support of the City's cultural and educational efforts, as well as functioning as an economic development tool.The City's historic preservation staff points to funding and staffing shortages which threaten to continue to slow advancement in these goals." Iowa City's African American history is currently honored with two historic buildings that are local historic landmarks and individually listed in the NRHP.The Iowa Federation Home located at 942 Iowa Avenue and the Tate Arms building located at 914 S. Dubuque Street have historic markers to honor their history that goes to the first two decades of the nineteenth century. During that time,the University of Iowa witnessed an enrollment spike that brought African American students to the City. Students who were challenged with housing segregation, both in the city and at the university,with its policies that prohibited African American dormitory occupancy. Students found relief in the rooming houses owned and operated by African Americans, private businesses,and fraternities during the late 1940s.These two buildings are important because they are the only known and recognized structures that highlight this important history. A weak connection to this history can be found in the building located at 630 S.Johnson Street,which was occupied by a chapter of the black fraternity Kappa Alpha Psi for a single year(1919-1920).67 Short's Shoe Shine, at 18 S. Clinton,was owned and operated by Haywood Short,an African American, between 1921 and 1946. The existence of this business and building was important for African American students who worked there while completing their education.68 The Bethel A.M.E. Church located at 411 S. Governor Street is another historic property listed in the NRHP for its significance in ethnic heritage and black social history. i w ee Interview with Iowa City Historic Preservation Planner. '- 67 City of Iowa City. National Register Nomination for Tate Arms. htt s: www8.iowa- cit .or lNebLink fl edoc 1899161 Tate%20Arms%2QNRHP%20nomination_pdf 68 City of Iowa City. National Register Nomination for Tate Arms. https://www8_iowa- city.or _WebLink/0/edoc/1899161/Tate%20Arms°/a20NRHP°o2Qnamination.pdf 40 PETITION E-FILED 2023 SEP 08 1 A3 AME9HWft CLERK OF DISTRICT COLNge 14 of 14 Figure 3A Iowa City Black Households 1900- 192069 Ivwa G➢ty 8lacic Mvus�hvlcler 1 Address ir>F 0t--rrsu!5; Years 1 900-'1 920 96AlwYMW Oft WL WEIRM E!1�14-'rl"' IL '."nowtw ar it- -P 161 wara 7900-1920^ddros RI! loo Year Floodplaln .---------------- 500 Year Floodplaln � 'J1Nlh Or'4ulCe rails[++ �_ __� 170[l CItV L1m,11 These historic structures are part of a large stock of historic places lost due to unrecognition, demolition,and redevelopment.The City's historic preservation staff described an unexplored history of Mexican families who arrived to serve the Chicago, Rock Island,and Pacific-Railroad Company starting in 1917 and settled in the areas north and south of the railroad track between Dodge and Dubuque Street. Issues with a lack of funding and staffing were raised,which reduce the ability of historic preservation to adequately identify and protect these historic resources.A member of the Historic Preservation Commission interviewed commented that in order for historic preservation to function in a higher capacity funds and staffing have to be considered; "I feel that a volunteer commission just isn't enough to meet all the related goals of the community."70 69 Map prepared by Luke Foelsch,City of Iowa City. littps:llwww.icgov.org/project/preserving-black-history-iowa-city-tate- arms-and-iowa-federation-home 70 Interview with Historic Preservation Commission Member. 41 PETITION E-FILED 2023 SEP 08 1:43 AMEY&%lft CLERK OF DISTRICT COURT Page 7 of 5 d o w n t o w n & r i v e r f r o n t crossings m a s t e r p l a n '.ru lei ADOPTED 1�� r�.w�..aS r•. r�'_!`�� r�� january2013 �,`t Xtt ,,Y„_•:•:�� ',If{..:gym lt.�i AMENDED Y.`��l• ` 1 -1l. it'�' ' y '� October 2015 taf r july2016 =y�r ' 1 december2020 F I •^I PETITION E-FILED 2023 SEP OB 1:43 AMERq CLERK OF DISTRICT COURT Page 2 of 5 table of contents Executive Summary 1 Project Background 3 Analysis 5 Visioning Process 13 Market Analysis 17 Master Plan 21 Framework Elements 27 Development Opportunities 51 Development Standards 103 Next Steps 115 Appendix 117 1+V J i1J1�� �lQpji� t CITY OF IOWA CITY PETITION E-FILED 2023 SEP OB 1 43 AMERp CLERK OF DISTRICT COURT Page 3 of 5 physical features 18-205.Cltnlon WAA 41.4nyW4wwry, � �1 � — I •aeW _ Snayw«eou,.ialn I —�Key WASHINGTON ST. ra4ln,lmu•wm., N81M W �..� Z _ m�nwnww.m O s.-ww.r..w.. . U , • y l COLLEGE ST. FZI--1 Diagram identifying the e,yisring budrform within the Study Area Closeupshowing rhebmlrfarm andl roric builrhngsin Downrown- Diagram identifying N�isringtransportation network within the Shady Area, Built Form Cities contain a number of physical features, Transportation There are a number always to move around the with the east-west line becoming the route of a passenger intluding bulldings,Streefs.and ul lllties-Combined,these help Study Area.These include vehicles,transit,bicycle,and walking. rail-line connecting Chicago with Omaha,including Iowa City define a community)built form.In order to dQvllop a greater The street network within the Study Area is designed as a grid, and Des Moines,and the north-south line being considered as underita nding of the Study Arta's vrban fabric,a figure ground which provides a number of options for traveling in,and through, a light-rail line connecting Riverfront Crossings to important diagram was treated for the Stvdy Area.This diagram shades the district.Major streets include Burlington Street,Benton employment destinations within the Iowa City Metro Area,such in all building footprints,and is useful in order to gain a greater Street,Kirkwood Avenue,U.S.Highway 6,Gilbert Street,and South as the University of Iowa main campus,University of Iowa Medical understanding of an area's built form.The analysis identifies not Riverside Drive, campus,Veterans Hospital,and Oakdale Research Park.This line only the location and density of the existing development pattern, also has the potential to eventually connect to the Eastern Iowa but alto itlentihes buildings Of h lstoric value.In particular,key Bus routes,including City routes and the University's Cambus, airport and beyond to Cedar Rapids,y h lstoric buildings,ca ntrtbuting historic butildingt,and potenflaT also traverse the area.Most locations within the Study Area are ;� bvl ldtngs of historic"Al heance are IdentiRed.These buildings typically no more than 2 or 3 blocks from the nearest route.In The Iowa River Corridor Trail,whiclY ,allels the Iowa River,runs p(ovidechnruler and ambiance to she Study Area,And as suth addition,two rail lines bisect the Study Area-the Cedar Rapids north-south througt she Study ArIFIMThis trail is 6 miles in length are important to identify and take measures to actively protect. and Iowa City(CRANDIC)Railroad runs north-south through the and provides access tvmejor Polrtl tOwa City-.S"yal on-Street This diagram should be utilized to help determine where mlill district and the Iowa Interstate Railroad runs east-west though bike(Quiet,all located gpttit of Stoll Street,#O:de bicycle development should,and should not occur,and identify properties the district.Both rail lines are designated as future transit lines, connections to D.Wri ttw Lpnd IftB$l"rmty of 16Wa campus. that could receive density bonuses in return for the protection of adjacent,or nearby,historic structures. — ml :74r _M rn PETITION E-FILED 2023 SEP 00 1:43 Ar.VRHtaj CLERK OF DISTRICT COURT Page 4 of 5 downtown district Downtown Iowa City is the heart of the region.The City's most dense area is home to businesses,civic venues,condos, apartments,and the University of Iowa.Historic buildings can be found next to new buildings,and streets are active throughout the day and into the night.The focal polgt of thr district 1.,he iconic and popular City Pura,which Is attrn reterrrd to as the pedr:trl an or pad malt The area has experienced a significant amount of development in recent years,including the Plaza Towers and r innnn Vogel House mixed use buildings,and the Iowa City Public Library. Z� ��..y..y_y 1_►'a �.'i • ♦�*_-•- Even with all ofthis new development activity,including s.i-mrat ptOjCYii the:rr¢curtegtly in the tlevelppnReni pipeline,there are � many opportunities to strategically enhance the area. I • r;r . _ [ Downtown District Summary A tl lr< w yrwti.. vtYi<. ^y.'-►'ti\\r 11 Protect Arctwic cha recta+and key hlstodc building s >Promote quality infill and rederel opmant J y .�, -- '• S7 Y 1 i I J Build on vml:king tie¢ng[hs(totally awned[!tops,proximity •.y3.. _� i. '+ "' I to the Univprsity al Iowa.farmer i marker,adJncent �._ � •' `'-"� � `+� '♦t» neighborhoods,etc.) is d t 1 >Maintain balance of uses and activities .� { rFtiiy Improve competitive position of downtown >Improve connectivity to surrounding districts y 1 ♦'-Yeti- ►7= ;.7i_1\ :�r4•t 1 Development Character )Regional destination for arts,culture,and entertainment �' �` y ♦ . r Most dense urban diitdct ♦ � .^.$ "`• >High quality streets,public spaces,and architecture `� '� a t__4 f Development Prog - L >Residential Options-new construction and rehab sr >Retail infill and redevelopment(national retailers;incubator space;entertainment-bowling,movie,theater;childcare) Office >Hospitality 54 downtown and nverfront crossings plan— - I PETITION E-FILED 2023 SEP 08 113 Ah�CLERK OF DISTRICT COURT dl$ E DT- : Historic Preservation-Downtown Iowa City contains a number of buildings of historic value.In the Analysis section all$15 dxumenr_=here bw1dings were fdeetdied as �`hey histerk �� A �.- buildings,LOhtnbuting hlrtonc buildings,and fnfential buHding3 Fi" "1 IBM: �•+ -.�f - of hlSrp.SC 1lynffKanCe.The fugh c &nttatfun of these bulldings } x within She District p4ovtget 0a,;Ktpr andarnbfancs and glvtt - I�C` Downtown Iowa City its own unique sense of place.In order to maintain this,the City should take measures to preserve and '•-4. f acnvelY protecr lheFe butWingL The afpfemenlloned it lag ram sh ouid be uti l l Wd to help determine where lnfilt deveiopment j;� - - ` should,and should not occur.In adeltlon,It Should be utlbccd ,.�( -•- to help identify properties that could receive density bonuses I '•Y:l+ In return forthe protection and renovation of these historic structures.In order to facilitate preservation of historic structures, �" •ff deiuiLy bunuses,waiver of perking requirements,and other it entitlements will be considered.Another option to be considered �;� -fI�• _ - - -!"::�Yc�'1� - uMuld 6e the fdrmallprd.prbtlClion of these lewureeaby designating them aL kcal Iandm'A?*s or fneluding than WEthin i w_ 3 M• local historic district. •u- DT-2: Fagade Enhancement Program-As mentioned in the •.••.�1, «.•, `• - previous section,protection and preservation of Downtown's _- -:I' r _ rI • - �'•'J"�I'r J ? ii historic building stock should be a key priority.One way to ii • -'�• s F,.u L accomplish this is through the implementation of a facade enhancement program and programs to encourage the use of ,• ��51' r upper floors.The City is exploring incentives to make these buildings more usable and therefore make existing buildings more economically viable and less likely to be torn down.These - - ie "�`• _ programs typically offer grants and/or loans forthe historically Aerial view ofrhe Downrown Durricr a correct restoration of a building's exterior facade.Implemented %� �V F _ overtime,a program such as this can make a significant impact on f r. ��e - i• the appearance of Downtown. - + DT-3: Strategic Infill-In order to reinforce the existing fabric that currently exists in Downtown Iowa City,new development ,C •�' �.• _ should be mixed-use and pedestrian-oriented in nature.In addition,it should follow a list of very basic rules that are consistent with the existing character of Downtown.The following ti - •x,_ guidelines were developed following a thorough analysis ofthe 08 patterns and framework that make Downtown special.These include: - .P>New development should be located on sites that do not _ ..�- contain historic buildings. *� <S;J�� >Active uses,such as ground floor retail(and not blank walls), "'' 0 v? _. should front onto the street frontages and the City Plaza. DT-3:Srroregiclnhll on bnn Srreer DT4:Washingron Street Parking Gmoge 55 E-FILED 2023roSEP 08 1 e43 AM JoHMOProperties- f OFq�€�TRICT'OURTciety of lawn Official State of Iowa websiLe Here is how you Agencies A-Z Programs & know Services State Historical Society of Iowa n Home / News / Press Releases -�� co New Project to Survey Iowa's Civil Rights Properties and People Apr 9, 2018 DES MOINES - With support from a federal grant, the State Historical Society of Iowa will launch a new multi-year research project this spring about the African-American Civil Rights Movement in Iowa during the 20th century. The $50,000 grant comes from the U.S. Department of the Interior and National Park Service, which recently announced $12.6 million in funding for 51 projects in 24 states that preserve sites and highlight stories related to the African-American struggle for equality. In Iowa, the "Iowa African-American Civil Rights Survey" will identify properties and people still unrecognized for the roles they played in civil rights history, as well as National Register of Historic Places with undocumented connections to the Civil Rights Movement. "This project is the first statewide survey to locate historic properties that tell the story of African-Americans' struggle for civil rights in Iowa," said Paula Mohr, Iowa's Certified Local Government coordinator. "We are grateful to the National Park Service for acknowledging the importance of this history to Iowa and for awarding this grant." Researchers will focus on places of work and worship, neighborhoods, educational institutions and public places as well as people, organizations and institutions involved n theNAL Coil Rights Movement. The two-and-a-half-year project ill c culminate https:lihistory.iowa.govlabout-usinews-and-medialpress-releasestnew-project-to-survey-iowas-civil-rights-properties-and 1/3 E-FILED 023�AEP 08 1 e43 AM Civil Right CLERK OFoI�IISTRICT COURTciety of lawa with a survey report, at least one nomination of a historic property to the National Register of Historic Places and a customized Civil Rights tour on the Iowa Culture App. Ultimately, researchers hope additional properties will be preserved through historic tax credits and grants programs where possible. "Essentially, we want Iowans to understand and appreciate the depth and diversity of the state's history," Mohr said. "We also want to identify properties and districts at risk throughout the state, create opportunities to involve under-served populations, amplify our outreach and integrate more diverse history into the Iowa Core curriculum." Currently, the State Historic Preservation Office's database holds 11 national Register-nominated properties associated with African-American history, and only four of those are recognized for civil rights in Iowa, including theAlexender Clark House in Muscatine, the Buxton Historic Townsite, Fort Des Manes ark th 3Flynn- r _ Griffin Building in Des Moines, where a 1948 sit-in led to an Iowa Spume°Court ruling and the desegregation of the Katz Drug Store. "As important as these four properties are, they do not fully represent the story of African-Americans' civil rights struggle in Iowa," Mohr said. "This statewide project is needed to identify other properties so we have a more comprehensive story of the African-American struggle for civil rights in Iowa during the 20th century." Looking further back through history, African-American civil rights advancements in Iowa during the 19th century were well ahead of the rest of the nation: The Supreme Court of the Territory of Iowa ruled "no man in this territory can be reduced to slavery" (In the Matter of Ralph, 1839), 26 years before slavery was abolished. In a landmark court case that preceded Brown v. the Board of Education of Topeka by more than 90 years, the IUwd Supreme Court integrated Iowa's schools in 1868 (Clark v. The Board of Directors, 1868). Also in 1868, the state's constitution was revised to extend suffrage to African-American men. Although largely unenforced, in 1884 the Iowa Legislature passed the Iowa Civil Rights Act that prohibited discrimination in barbershops, theaters, hotels and on public transportation and, in the next decade, outlawed discrimination in restaurants. ORIGINAL PETITION EXHIBIT 6 Page 2 of 3 https://history.iowa.gov/about-us/news-and-media/press-releases/new-project-to-survey-iowas-civil-rights-properties-and 2/3 E-FILED 2023roSEP 08 1:43 AM JOHN hON-CLID DFo�7lEI RIC7�CONTciety of Iowa In addition to the State Historical Society Iowa's grant, the City of Waterloo Historic Preservation Commission also received a $37,500 African-American Civil Rights grant for its "Battling for Equality: Civil Rights in Waterloo" project. The Iowa Department of Cultural Affairs and its three divisions - the Iowa Arts Council, Produce Iowa - State Office of Media Production and the State Historical Society of Iowa - empower Iowa to build and sustain culturally vibrant communities by connecting Iowans to the people, places and points of pride that define our state. The department's work enables Iowa to be recognized as a state that fosters creativity and serves as a catalyst for innovation where the stories of Iowa are preserved and communicated to connect past, present and future generations. D Contact Us Visit , Fmilitimentals r� STATE CIS?TMF IOWA HUMANITIES SKI ETV OF IOWA COUNCIL ✓r g V" Policies I Acces$ibillty Iowa Culture Arts History Film/Media ORIGINAL PETITION EXHIBIT 6 Page 3 of 3 https://history.iowa.gov/about-us/news-and-media/press-releases/new-project-to-surrey-iowas-civil-rights-properties-and 3/3 E-FILED 2023 SEP 08 1:43 AM JOHNSON - CLERK OF DISTRICT COURT https://codeli brary.amlegal.com/codes/iowacityia/latest/iowacity_ia/0-0-0-22213 14-313-7: PREVENTION OF DEMOLITION BY NEGLECT: A. Duty To Maintain: All buildings and structures that contribute to a conservation or historic district, or that are listed or are eligible for listing on the National Register of Historic Places, regardless of whether they are in a designated historic or conservation district, must be preserved against decay, deterioration, and kept free from structural defects by the owner or such person, persons. or entities who may have custody or control thereof. Accordingly, all such buildings and structures must be maintained in accordance with the provisions of section 1 7-5-19, "Responsibilities Of Owners Relating To Maintenance And Occupancy Of Premises", of this code. B. Determination And Action: 1. The historic preservation commission may file a petition with the building official requesting investigation of any applicable building or structure suspected of neglect or deterioration according to the standards referenced in subsection A of this section. The building official will proceed with investigation and may take any enforcement action necessary to correct or prevent further violation. 2. Upon failure, neglect, or refusal of the property owner(s) or other responsible person(s), duly notified, to take the corrective action(s) specified by the building official within the time allotted, the building official may institute any and all legal or equitable remedies along with penalties provided by law for said violations. (Ord. 05-4186, 12-15- 2005) E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT htt s:llcodelibrar .amle al.com/codes/iowacit is/latest/iowacit ia10-0-0- 15528#JD 17-5-19 17-5-19: RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES: A. Maintenance Of Structure: 1. Structure: a. Every foundation, roof, floor, wall, ceiling, stair, step, elevator, handrail, guardrail, porch, sidewalk and appurtenance thereto shall be maintained in a safe and sound condition and shall be capable of supporting the loads that normal use may cause to be placed thereon. b. Every structure shall be maintained in compliance with section 661 chapter 5 of the Iowa Administrative Code ("State Fire Code"), as amended, and the Building Codes in effect at the time the building was constructed. If the use or occupancis changed compliance with currently adopted codes is required. c. The required occupancy separations shall be provided and maintained-In all structures structures having mixed or multiple occupancies. The one hour occupancy sepamtiort between dwellings and garages shall be provided regardless of the date of cons#_ucti6n" and may be limited to the installation of materials approved for one hour fire:.re§F0ve construction on the garage side and a tightfitting, twenty (20) minute rated,d borm approved equivalent opening protection as required by the City Building Code. i 2. Exterior: a. Condition: Every foundation, floor, exterior wall, exterior door, window and roof shall be maintained in a weathertight, watertight, rodentproof and insectproof condition. (1978 Code §17-7; amd. 1994 Code) b. Exterior Screening: In Historic and Conservation Districts, porches and decks less than five feet (6) above grade and visible from the right-of-way shall have under porch and under deck screening. The screening shall be required to be complementary to the dwelling as approved by the City. 3. Doors: Every door, door hinge, door latch, door lock or any associated door hardware shall be maintained in good and functional condition, and every door, when closed, shall fit well within its frame. 4. Windows: Every window, existing storm window, window latch, window lock, aperture covering and any associated hardware shall be maintained in good and functional condition and shall fit well with its frame. 5. Interior: Every interior partition, wall, floor, ceiling and other interior surface shall be maintained so as to permit it to be kept in a clean and sanitary condition. All building interior public and service areas shall be maintained in a sanitary condition. E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT B. Accessory Structure: Every foundation, exterior wall, roof, window, exterior door and appurtenance of every accessory structure shall be so maintained as to prevent the structure from becoming a harborage for vermin and shall be maintained in a good state of repair. C. Rainwater Drainage System: All gutters, downspouts and associated or other roof drainage equipment on the premises shall be maintained in a good state of repair and so installed as to direct water away from the structure(s). All cisterns or similar water storage facilities shall be securely covered or protected. D. Grading, Drainage And Landscaping Of Premises: Every premises shall be graded and maintained so as no stagnant water will accumulate or stand thereon Every premises shall be graded and drained in a manner to cause the flow of rainwater or other surface water away from the structure(s). Every premises shall be continuously maintained by suitable landscaping with grass, trees, shrubs, planted ground cover or other landscaping materials. Landscaping shall be designed and maintained to prevent erosion and control dust. This chapter shall not affect the existence of approved stormwater detention systems . E. Chimneys And Flue Piping: Every chimney and all flue piping shall be adequately supported, maintained clean and in a good state of repair. (1978 Code §17-7; amd. 1994 Code) F. Exterior Surfaces: 1. All exterior painted surfaces of a dwelling and its accessory stru4tares,i4nces, porches and similar appurtenances shall be painted in a uniform, color consisteAt, and complete fashion. All painted surfaces shall be properly prepped to allow for paint to ; adhere and remain painted regardless if items are subject to decay or detebor"on. (Guidelines for the removal of lead based paint are located in section 7-5-, 3,,appendix B of this chapter.) 2. All exterior surfaces, regardless of material composition, shall be maintained in a good, safe, and sanitary condition. 3. In historic and conservation districts, bare treated lumber is a prohibited finish for wood surfaces visible from the street. G. Exits: 1. Every means of egress shall be maintained in good condition and shall be free of obstruction at all times. Fire escapes, exit corridors, exit stairways and escape and rescue windows and any other means of egress shall be maintained in a good state of repair at all times. Exit signs, emergency lighting, early warning systems and sprinkler systems shall be maintained in good condition at all times. Required fire doors shall be maintained self-closing and self-latching as required by the city building code. 2. Fire drills shall be conducted once per academic semester for all fraternities and sororities as approved by the fire department . E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT H. Screens And Storm Windows: On structures having interchangeable storm windows and screens, the owner or operator of the premises shall be responsible for hanging all screens and storm windows, except when written agreement between the owner and the occupant provides otherwise. Screens shall be provided no later than May 1 of each year, and storm windows shall be provided no later than November 1 of each year. All windows manufactured to be operable for ventilation shall be provided with screens of not less than sixteen (16) mesh per square inch. However, windows in areas not accessible to tenants or areas which are exclusively service areas shall be exempted from screen requirements. All single pane windows which serve habitable rooms and bathrooms shall be provided with storm windows. (1978 Code §17-7; amd. 1994 Code) I. Electrical System: The electrical system of every dwelling or accessory structure shall not, by reason of overloading, dilapidation, lack of insulation, improper fusing or for any other cause, expose the occupants to hazards of electrical shock or fire, and every electrical receptacle, switch and fixture shall be complete as manufactured and maintained in a good and safe working condition. Only approved extension cords and multiplug adapters or other devices approved by the inspector shall be allowed. All electrical wiring newly installed or replaced shall be in compliance with the city electrical' code. All receptacles in kitchens and bathrooms shall have ground fault circuit, interrupter for personnel. J. Plumbing System: Every supplied plumbing fixture, water piping and waste piping shall be maintained in a good and sanitary condition. All plumbing installed or-feplaced shall be so designed as to prevent contamination of the water supply through`backflow, back siphonage or cross connection. All plumbing newly installed or replaced shall be in compliance with the city plumbing code. A minimum water pressure of fifteen ('t5) pounds shall be maintained to all open outlets at all times. i ; i K. Gas Piping And Appliances: All gas piping shall be properly installed, properly supported and shall be maintained free of leaks, corrosion or obstruction so as to reduce gas pressure or volume. Every gas appliance shall be connected to a gas line with solid metal piping or approved listed metal appliance connector preceded by an approved listed shutoff valve. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. All gas piping shall be in compliance with the city plumbing code. L. Heating And Cooling Equipment: The heating equipment of each dwelling shall be maintained in good and safe working condition and shall be capable of heating all habitable rooms, bathrooms and toilet rooms located therein to the minimum temperature required by this code. Supplied cooling equipment shall be maintained in a good and safe working condition. However, heating and supplied cooling equipment shall not be required to be maintained in operational condition during that time of the year when said equipment is not normally used. No combustible material shall be stored within three feet (T) of a fuel burning furnace and/or fuel burning hot water heater. Carbon monoxide alarms shall be provided in dwelling units which contain fuel fired appliances or have an attached garage with an opening that communicates with the dwelling unit. E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT M. Kitchen And Bathroom Flooring: Every toilet room, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean, dry and sanitary condition. N. Supplied Facilities: 1. Every facility, utility and piece of equipment required by this code, including a radon mitigation system, and/or present in the unit and/or designated for the exclusive use of the occupants of said unit, at the time that either the rental agreement is signed or possession is given, shall function safely and shall be maintained in proper working condition. Maintenance of facilities, utilities and equipment not required by this code shall be the owner's responsibility unless stated to the contrary in the rental agreement. 2. No supplied facility, including a radon mitigation system, shall be removed, shut off or disconnected from any occupied dwelling unit or rooming unit except for such temporary interruption(s) as may be necessary while actual repairs, replacements or alterations are being made. O. Equipment Rooms: Boiler rooms, mechanical rooms and electrical panel rooms shall not be used for the storage of combustible material or equipment. A minimum three foot (3') clearance shall be maintained in front of electrical panels and disconnects. P. Pest Extermination: Whenever infestation exists in two (2) or more dwelling units or rooming units of any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, the extermination thereof shall be the responsibility of the owner. (1978 Code §1-'7-7; aid. 1994 Code) Q. Fire Protection: t:2 1. All fire extinguishing devices and all early warning fire protection systerhs Aall be maintained in good working condition at all times. All fire protection equipment=nd ' early warning equipment shall be maintained in compliance with the city fire coder-ind subsections 17-5-18C and D of this chapter. Buildings which are required to have an automatic fire alarm system shall have that alarm system tested annually by a qualified alarm technician to certify that the alarm system is in compliance with the current standard of NFPA 72, as amended. Buildings which are required to have an automatic sprinkling system shall have that system tested biennially by a qualified sprinkler system technician to certify that the system is in compliance with the current standard of NFPA chapter 25, as amended. 2. Approved numbers or addresses shall be placed on all buildings in such a position as to be plainly visible and legible from the public way fronting the property, and from the vehicle access area if vehicle access is from other than the front of the building. Said numbers and letters shall contrast with their background and shall be a minimum of four inches (4") in height. Where access to or within a multi-family structure or any area is unduly difficult because of secured openings or where immediate access is necessary for life saving and firefighting purposes, a key box shall be installed in an approved location. The key box shall be a type approved by the fire chief and shall E-FILED 2023 SEP 08 1:43 AM JOHNSON - CLERK OF DISTRICT COURT contain keys and/or access code(s) necessary to gain access. If applicable, a key switch may be installed in an approved location. R. Guardrails And Handrails: All guardrails and handrails shall be maintained in a safe and sound condition at all times. Guardrails shall be provided where there is an abrupt elevation change exceeding thirty inches (30") adjacent to pedestrian areas. Guardrails and handrails which are newly installed or replaced shall comply with the city building code. S. Sealed Passages: All pipe passages, chutes and similar openings through walls, floors or ceilings shall be adequately closed or sealed to prevent the spread of fire or the passage of vermin. T. Trees And Plant Materials: All trees and plant materials shall be maintained in a manner which prevents damage or decay to a structure(s). Trees required by the Iowa City tree ordinance shall be maintained U. Clean Units: No owner or operator shall permit occupancy of any vacant dytelling unit or rooming unit unless it is clean, safe, sanitary and fit for human occupancy-. 1978. Code §17-7; amd. 1994 Code) V. Exterior Area Maintenance: 1. a. Maintenance Responsibility: Every owner or operator shall be responsjble for maintaining the exterior areas in a safe, clean and sanitary condition. (1978 Cb-de §17-7; amd. 1994 Code) I b. Outdoor Storage: The storage of trash bags, landscaping, construction, or compost material or any other similar materials determined by the city to create a substantial interference with the use of enjoyment of the property shall not be permitted in areas visible from the street facing right of way. 2. Fences, screening, and retaining walls shall be maintained in a safe, structurally sound manner and shall comply with the Iowa City zoning ordinance. All wood or painted surfaces shall be painted and/or stained in a uniform, color consistent, and complete fashion. All other surfaces shall be maintained in a uniform, color consistent, and complete fashion. At the discretion of the director of neighborhood and development services or designee, landscaping timbers and other related items may be exempt from this provision. 3. No owner or operator shall keep, store or maintain outdoors any indoor upholstered furniture, household furniture or household furnishing not manufactured for outdoor use, including, but not limited to, upholstered chairs and couches. "Upholstered furniture" means any furniture constructed with stuffing or cushions or springs, not intended for outdoor use. The term 'outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. The following shall constitute an affirmative defense to any alleged violation of this provision: a) that the furniture was temporarily placed outside during the move of a resident; or b) that the furniture was temporarily placed outside E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT during the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M. in order that it be offered for sale at a yard or garage sale and that a sign visible from the right of way is placed on or near the furniture indicating that it is for sale. The second defense is not available if the furniture is located outside for more than two (2) days in any six (6) month period. 4. The storage and use of furniture on surfaces thirty inches (30") above grade, which include, but are not limited to, decks and roofs, without guardrails is prohibited. W. Solid Waste Facilities: 1. Every owner of a dwelling or rental structure shall supply adequate facilities for the disposal of solid waste which are approved by the inspector and/or are in compliance with the Iowa City solid waste ordinance . 2. All solid waste facilities located at multi-family dwellings shall be screened with materials that are complementary to the dwelling as approved by the city. X. Occupancy Requirements: 1. A dwelling unit shall not be occupied by a number of persons greater.thanLl-0 allowed by the Iowa City zoning ordinance. (1978 Cade §17-7; amd. 1994 Cvde) -3 2. No room shall be used as a habitable room unless certified as a habitable Foom i- at the time the certificate of structure compliance is issued or amended. Y. : Cooking In Rooming Units: No owner or operator shall knowingly allow the u_jj of € cooking equipment within any rooming unit. (1978 Code §17-7; amd. 1994 Code) Z. Duplex; Units To Be Separated; The two (2) dwelling units of a duplex must be physically and permanently separated, and the separation must be continually maintained. By way of illustration, a duplex shall not have a door that opens from one duplex unit directly into the other duplex unit. AA. Deadbolt Locks Required: Every dwelling unit and rooming unit shall have a deadbolt lock that can be operated from inside and locked from the outside. "Deadbolt" means a locking mechanism where the bolt cannot be moved to an open position except by rotating the locked cylinder. (Ord. 95-3681, 6-27-1995; amd. Ord. 08-4315, 9- 9-2008; Ord. 15-4648, 11-10-2015; Ord. 18-4761, 7-17-2018; amd. Ord. 19-4816, 12- 17-2019) Notes 1. See also subsection 6-1-2E of this code. 2 2. See title 16, chapter 3, article G of this code. 3. See section 7-1-2 of this code, amendment to fire code §405.2. 1. See title 10, chapter 8 and title 14, chapter 5, article E of this code. E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT 1 1. See title 16, chapter 3, article H of this code. 17-5-20: RESPONSIBILITIES OF OCCUPANTS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES: A. Controlled Area: 1. Every occupant of a dwelling unit or rooming unit shall keep in a clean, safe and sanitary condition that part of the dwelling unit, rooming unit or premises thereof which the occupant occupies and controls. 2. Every floor and floor covering shall be kept reasonably clean and sanitary. 3. Every wall and ceiling shall be kept reasonably clean and free of dirt or greasy film. 4. No dwelling or the premises thereof shall be used for the storage or handling of solid waste. 5. No dwelling or the premises thereof shall be used for the storage or handling of dangerous or hazardous materials. (1978 Code §17-8; amd. 1994 Code) w 6. No occupant shall keep, store or maintain outdoors any indoor upholste>ryed furniture, household furniture or household furnishing not manufactured forou0oor use; including, but not limited to, upholstered chairs and couches. "Upholster6d_furrAure". means any furniture constructed with stuffing or cushions or springs, not ir}tended for outdoor use. The term "outdoor" includes a porch. However, the use, storage dr placement of household appliances, household furniture or household fu;rhishiifgs owa- porch is not prohibited if the porch is completely enclosed by fully intact-glass ,04 fully intact screens. The following shall constitute an affirmative defense to any alleged violation of this provision: a) that the furniture was temporarily placed outside during the move of a resident; or b) that the furniture was temporarily placed outside during the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M. in order that it be offered for sale at a yard or garage sale and that a sign visible from the right-of-way is placed on or near the furniture indicating that it is for sale. The second defense is not available if the furniture is located outside for more than two (2) days in any six (6) month period. (Ord. 08-4315, 9-9-2008) B. Plumbing Fixtures: The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use and proper operation thereof. C. Extermination Of Pests: Every occupant of a single-family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied whenever said unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT D. Storage And Disposal Of Solid Waste: Every occupant of a dwelling shall dispose of solid waste and any other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code 1 . E. Use And Operation Of Supplied Heating Facilities: Every occupant of a dwelling unit or rooming unit shall be responsible for the exercise of reasonable care, proper use and proper operation of supplied heating facilities. No combustible material shall be stored within three feet (3') of a fuel burning furnace and/or fuel burning water heater. F. Electrical Wiring: No temporary wiring shall be used. Approved extension cords may be used but shall not lie beneath floor coverings or extend through doorways, transoms or similar apertures and structural elements or attached thereto. The occupant shall not overload the circuitry of the dwelling unit or rooming unit. G. Supplied Facilities: Every occupant of a dwelling unit shall keep all supplied fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care, proper use and proper operation thereof. H. Cooking Or Eating In Rooming Units: No occupant of a rooming unit shall prepare or eat meals or store cooking utensils in the rooming unit unless an approved kitchen or dining room is contained within the rooming unit. The cooking and eating of meals may take place in dwellings containing a rooming unit or units if the provisions of subsections 17-5-1 SG and H of this chapter are complied with. I. Occupancy Control: 1. A dwelling unit shall not be occupied by a number of persons greater than allowed by the city zoning ordinance. 2. No room shall be used as a habitable room unless certified as a habitable room at the time the certificate of structure compliance is issued or amended. J. Fire Protection Equipment: All fire extinguishers and early warning fire protection systems shall be maintained in good working condition at all times. fire extinguishers shall be mounted and meet the requirements of the city fire code. (1978 Code §17-8; amd. 1994 Code) Notes 1. See section 16-3H-7 of this Code 7 4 ' � E-FILED 2023 SEP 08 1:43 AM JOHNSON - CLERK OF DISTRICT COURT Shawn Shearer From: Eric Goers <egoers@iowa-city.org> Sent: Monday,August 14, 2023 10:11 AM To: Shawn Shearer Cc: Liz Craig Subject: Short's Attachments: Inspection Worksheet Generated 8.14.23.pdf, Code Case Detailed Report Generated 8.14.23.pdf Mr. Shearer, Ms. Craig is out of the office this week, but she asked me to forward to you the inspection report and link. The report and worksheet are attached. The link is as follows: https:Hegov.iowa-city.org/energovprod/selfs_e_rvice#/code/aOc46a b6-bca6-4a6a-b4e7- 904c9261e581?tab=violations. As you will see,the property passed inspection,so the case was closed. Eric R. Goers (he/him/his)* City Attorney 410 East Washington Street Iowa City, IA 52240 319-356-5030 3 w egDers@kQVJa-CIty.Qig _ 010M "I 771 . _ < - CITY OF IC»+w N CITY -- UNESCO CITY OF UILRATURE *1 include my pronouns in my email signature so people know how they should refer to me and so those who receive my email know I am interested in how I should refer to them. TARE FREE Iowa Learn more City r ansit is now FARE FREE! IOWA CITY at lCGOV.ORGIFARE REE 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. i Disclaimer i ORIGINAL PETITION EXHIBIT 9 Page 1 of 4 E-FILED 2023 SEP 08 1:43 AM JOHNSON-CLERK OF DISTRICT COURT The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. CC-1 3 z ORIGINAL PETITION EXHIBIT 9 Page 2 of 4 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT • ' CITY OF • Case Number: COM23-0663 Case Module: Code Case Inspection Date: 08/02/2023 Inspection Status: Passed Inspector: Tim Hennes Inspection Type: Code Enforcement Inspection Job Address: 18 S Clinton St Parcel Number: 1010311017 Iowa City, IA 52240 Contact Type Company Name Name Checklist Item Results Comments General Comments Pass Water running down interior wall complaint: In 18 S. Clinton St. I observed water stains on upper area of the south wall behind the bar and the area east of the bar west of the restrooms. Water stains are typical of what would be seen if a roof or plumbing pipe was leaking. Areas were not wet at the time of the inspection. General Comments N/A On August 2, 2023 1 visited subject property accompanied by William Goodale and Troy Roth. We meet Dennis Mitchell and Kevin Mote in front of the building and Kevin Perez and two managers from Shorts inside 18 S. Clinton St. On second floor, 18 1/2 S. Clinton St. we met Brian, manager/owner of Coa Catina We had access to all the parts of the building. General Comments Pass Danger of exterior wall collapse: Observed no apparent exterior walls with damage that would lead to collapse. Building exterior appeared as expected for a building of its construction type and age. General Comments Pass Flooding Complaint: Observed 12' to 18" of standing water in the eastern portion of the basement. There is piping for sump pump a sump pump was not observed. The area is not occupied or used for anything. Kevin Mote stated when the alley is repaved the area north of the north exterior wall will have concrete poured to create a trough allowing the water to be diverted away from the building and directed towards the alley. General Comments Pass Hole in Roof Complaint: Brian showed areas inside and on the roof where he said the roofing contractor thought the water was leaking. Dennis Mitchell stated he had quotes to repair/replace the roof and would process the contract to have the roof repair/replaced and it should be done within a month. r� ORIGINAL PETITION EXHIBIT 9 Page 3 of 4 August 14,2023 410 E.Washington Street,Iowa City,Iowa 52240 Page 1 of 1 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT Case Type: Nuisance Project: Opened Date: 07/27/2023 Status: Closed-Unfounded District: City of Iowa City Closed Date: 08/10/2023 Assigned To: Danielle Sitzman Description: Received a complaint of an unsafe building specifically flooding,collapsing exterior walls and leaking interior walls,and a hole in the roof. Parcel: 1010311017 Main Address: 18 S Clinton St Main Iowa City, IA 52240 18 S Clinton St Iowa City,IA 52240 Violation Code: 6-1-21-1 Abandoned,Vacant Or Violation Status: Resolved Citation Issue Date: 07/27/2023 Dangerous Buildings Compliance Date: 08/11/2023 Code Description: Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building,provided that Resolved Date: 08/14/2023 such conditions or defects exist to the extent that the life,health,property or safety of the public or its occupants are endangered. Corrective Action: Correct the conditions which endanger the public's and or occupants'life,health,property,or safety. Inspection Number Inspection Type Inspection Status Inspection Date ICODE-043836-2023 Code Enforcement Inspection Passed 08/02/2023 12:45 pm Inspector: Tim Hennes Checklist Comments: Water running down interior wall complaint:In 18 S.Clinton St.I observed water stains on upper area of the south wall behind the bar and the area east of the bar west of the restrooms. Water stains are typical of what would be seen if a roof or plumbing pipe was leaking. Areas were not wet at the time of the inspection.,On August 2,2023 1 visited subject property accompanied by William Goodale and Troy Roth. We meet Dennis Mitchell and Kevin Mote in front of the building and Kevin Perez and two managers from Shorts inside 18 S.Clinton St. On second floor, 18 1/2 S.Clinton St.we met Brian,manager/owner of Coa Catina We had access to all the parts of the building.,Danger of exterior wall collapse:Observed no apparent exterior walls with damage that would lead to collapse. Building exterior appeared as expected for a building of its construction type and age.,Flooding Complaint:Observed 12'to 18"of standing water in the eastern portion of the basement. There is piping for sump pump a sump pump was not observed.The area is not occupied or used for anything. Kevin Mote stated when the alley is repaved the area north of the north exterior wall will have concrete poured to create a trough allowing the water to be diverted away from the building and directed towards the alley.,Hole in Roof Complaint Brian showed areas inside and on the roof where he said the roofing contractor thought the water was leaking. Dennis Mitchell stated he had quotes to repair/replace the roof and would process the contract to have the roof repair/replaced and it should be done within a month. _j f August 14,262RIGINAL PETITION EHIBIT 9 Page 4 of 4 9 410 E.Washington treet,Iowa City,Iowa 52240 Page 1 of 1 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT Shawn Shearer From: Shawn Shearer <shawn@shearerlaw.pro> Sent: Monday,August 14, 2023 11:45 AM To: 'Eric Goers' Cc: 'Liz Craig' Subject: RE: Short's I will also note the following: 1. Iowa City Code 14-313-7(A) incorporates Iowa City Code 17-5-19 as the standard for maintaining historic structures to prevent demolition by neglect. 2. Iowa City Code 17-5-19(A)(1) states that"Every foundation, roof,wall . . shall be maintained in a safe and sound condition. . ." 3. Iowa City Code 17-5-19(A)(2)(a)states"Every floor,exterior wall . . .and roof shall be maintained in a weathertight,watertight. . . condition." 4. The report you provided me notes 12 to 18 inches of standing water in the basement.This standing water is clearly not a "safe or sound condition," "weathertight" or"watertight" condition. 5. Under 14-313-7, not 6-1-2H,the report you provided documents City personnel obserVing�a4,54porting conditions in violation of the Iowa City Code. The report must be re-written applying the proper provisions of the Iowa City Code. Shawn E. Shearer °• The Shearer Law Office, P.C. ry 108 Third Street, Suite 302 Des Moines, IA 50309 Cell: (214) 717-1828 www.shearerlaw.pro THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE NAMED RECIPIENT(S) ABOVE AND IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT 18 U.S.C. SECTIONS 2510- 2521.THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. THIS MESSAGE IS INTENDED FOR USE ONLY BY THE NAMED RECIPIENT(S). ANY OTHER USE OF THIS INFORMATION OR ANY ATTACHMENTS IS FORBIDDEN. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE DELETE ALL COPIES AND, IF POSSIBLE, NOTIFY THE INTENDED RECIPIENT. From:Shawn Shearer[mailto:shawn@shearerlaw.pro] Sent: Monday,August 14, 2023 11:28 AM To: 'Eric Goers'<egoers@iowa-city.org> Cc: 'Liz Craig'<Icraig@iowa-city.org> Subject: RE:Short's I Mr. Goers—The report attached to your email below,and the link you provided, is an investigation conducted under a provision of the Iowa City Code under which the complaint was not made. We are complaining of demolition by 1 ORIGINAL PETITION EXHIBIT 10 Page 1 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT neglect of a historic key contributing asset.The complaint levied was under Iowa City Code 14-313-7 (which incorporates 17-5-19).The report is drafted as addressing 6-1-21-1,completely irrelevant. I will be responding to all appropriate parties with a letter addressing the issues by the end of the day.This report has absolutely no meaning to the complaint, it is not responsive.Where is the report regarding demolition by neglect? Shawn E. Shearer The Shearer Law Office, P.C. 108 Third Street,Suite 302 Des Moines, IA 50309 Cell: (214) 717-1828 www.shearerlaw.pro THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE NAMED RECIPIENT(S) ABOVE AND IS ` COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT 18 U.S.C. SECTIONS 2510- 2521.THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. THIS MESSAGE IS INTENDED FOR USE ONLY BY THE NAMED RECIPIENT(S). ANY OTHER USE OF THIS INFORMATION OR ANY ATTACHMENTS IS FORBIDDEN. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE DELETE ALL COPIES AND, IF POSSIBLE, NOTIFY THE INTENDED RECIPIENT. From: Eric Goers [mailto:e oers iowa-cit -orgl Sent: Monday,August 14, 2023 10:11 AM To:Shawn Shearer<shawr �7shearerlaw.gro> Cc: Liz Craig<Icrai iowa-cit .or > Subject:Short's Mr. Shearer, Ms. Craig is out of the office this week, but she asked me to forward to you the inspection report and link. The report and worksheet are attached. The link is as follows: htt s: a ov.iowa-cit .or ener ov rod selfservice code aOc46ab6-bca6-4a6a-b4e7- 904c9261e581?tab=violations. As you will see,the property passed inspection,so the case was closed. Eric R.Goers(he/him/his)* City Attorney 410 East Washington Street � .� Iowa City, IA 52240 c7 319-356-5030 -� c.,� -�• egoers@iowa-city.org ) ., CITY OF IOVb`A CITY UNESCO CITY OF UTERATURE *1 include my pronouns in my email signature so people know how they should refer to me and so those who receive my email know I am interested in how I should refer to them- , , Iowa City Transit is now FARE FREE! FARE FR O W A C I T Learn more at ICGOV.❑RG FAREFREE Notice. 2 ORIGINAL PETITION EXHIBIT 10 Page 2 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT 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. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. r-a w --4 ] _1 3 ORIGINAL PETITION EXHIBIT 10 Page 3 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT Shawn Shearer From: Shawn Shearer<shawn@shearerlaw.pro> Sent: Monday,August 14, 2023 1:01 PM To: Liz Craig Cc: Eric Goers Subject: BRISTOW,J. - DEMOLITION BY NEGLECT-THIRD REQUEST- 18 SOUTH CLINTON - SHORTS/PEREZ,K. - IAC - ST/IA- 1983 - 8/14/23 Attachments: Untitled attachment 08406.pdf, Untitled attachment 08409.htm Mr. Goers and Ms. Craig: Mr. Goers has indicated that Ms. Craig is out of the office today,therefore, I have copied Mr. Goers so that this will be forwarded timely. Please see that Ms. Bristow receives the attached letter regarding demolition by neglect and the City's obligations and violations today. Shawn E.Shearer The Shearer Law Office, P.C. 108 Third Street, Suite 302 Des Moines, IA S0309 Cell: 214 717-1828 www.shearerlaw.pro THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE NAMED RECIPIENTS) ABOVE AND IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT 18 U.S.C. SECTIONS 2510- 2521.THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. THIS MESSAGE IS INTENDED FOR USE ONLY BY THE NAMED RECIPIENT(S). ANY OTHER USE OF THIS INFORMATION OR ANY ATTACHMENTS IS FORBIDDEN. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE DELETE ALL COPIES AND, IF POSSIBLE, NOTIFY THE INTENDED RECIPIENT. V !L J 'V 1 ORIGINAL PETITION EXHIBIT 10 Page 4 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT THE SHEARER LAW OFFICE io8 Third Street Suite 302 Des Moines, Iowa 50309 VIA ELECTRONIC MAIL e� 14 August 2023 _ Ms.Jessica Bristow Historic Preservation Planner Neighborhood and Development Services 410 East Washington Street Iowa City, Iowa 52240 Via Counsel-Lil�Crai� Ms. Bristow: As you are aware, I wrote you on July 26, 2023 regarding the problem of demolition by neglect taking place at 18-20 South Clinton, a historical key contributing asset under Iowa City Ordinance 14-3B. I informed you that there are multiple violations that constitute demolition by neglect under Ordinance 14-3B-7-including removal of property by the City on July 25, 2023 that altered the facade of the building without securing the proper permit. Upon receipt of my communication, Mr. Eric Goers confirmed to me in writing that he had forwarded my communications to you, Mr. Goers and Ms. Liz Craig informed me that there would be an inspection of 18 South Clinton, and offered the dates of August 1, 2023 and August 2, 2023. My client consented to August 2, 2023.At that time, inexplicably,the City had no plan to inspect 181/2 South Clinton, nor 20 South Clinton (both part of the same building) despite my provision of information that the roof that covers the entire building and the basement underneath the entire building, are likely compromised. Only after I pointed out that the inspection,if done properly,would have to include the entire building, and that targeting 18 South Clinton was neither proper nor sufficient, Mr. Goers and Ms. Craig notified me that 181/2 South Clinton and 20 South Clinton would be part of the August 2, 2023 inspection. On August 3, 2023, Ms. Siobhan Briley, counsel for MidWestOne Bank,the party claiming to be the trustee of the owner of the 18-20 South Clinton building,wrote Ms. Craig and asked if a written report of the City's conclusions would be available. Ms. Craig immediately responded that Mr. Tim Hennes was for some reason unable to provide a report until today,August 14, 2023. Mr. Goers provided me the report today. THE SHEARER LAW OFFICE PC Page 1 of ORIGINAL PETITION EXHIBIT 10 Page 5 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT At this point, we have many problems that are definitely under your purview. 1. The inspection, requested expressly under Iowa City Ordinance 14-3B-7, appears to have taken place under Iowa City Ordinance 6-1-2H 2. As such, there has been no inspection under Iowa City Ordinance 14-3B-7 3. Iowa City Ordinance 14-3B-7(A) states that the owner must maintain the premises in accordance with Iowa City Code 17 5-19 4. The City,by its own admission, is in possession of information that the owner of 18-20 South Clinton is in violation of Iowa City Code 17-5-19 5. Therefore, the City is in possession of proof that the owner of 18-20 South Clinton is in violation of Iowa City Ordinance 14-3B-7 6. Mr. Goers has written me that the City considers the building to have "passed inspection" despite these knowing violations of the above named City codes 7. It is now your responsibility to see that the City uses the information in its possession to properly enforce the provisions under 14-3B -7 as noticed to you on July 26, 2023 8. There has been no indication that you have investigated the City's knowing violation Of 14-313-7 when the City removed items from the facade of 18 South Clinton on July 25, 2023 without a permit 9. There has still been no inspection under Iowa City Ordinance 14-313-7 1o. Please notify me through counsel that you have taken these measures 11. I am, at present, contacting you through counsel as was requested by Mr. Goers. However,you are a government employee, and as such, it is my belief that I have the right under Amendment I to petition you directly on behalf of my client, and if I decide that such communication is necessary, I will do so. Very truly yours, 1 --� co Iftyr Shawn E. Shearer �'-7 .r THE SHEARER LAW OFFICE PC Page 2 of 2 ORIGINAL PETITION EXHIBIT 10 Page 6 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT Shawn Shearer From: Shawn Shearer <shawn@shearerlaw.pro> Sent: Monday,August 14, 2023 3:26 PM To: jordan@littlevillagemag.com Subject: DEMOLITION BY NEGLECT-SECOND NOTICE - SELLERGREN,J. - ICHP- 18-20 SOUTH CLINTON - 8/14/23 Attachments: Untitled attachment 08632.pdf, Untitled attachment 08635.htm Ms. Sellergren: Please see the attached communication regarding ongoing concerns about demolition by neglect at 18-20 South Clinton in Iowa CIty, Iowa. Shawn E. Shearer The Shearer Law Office, P.C. 108 Third Street, Suite 302 Des Moines, IA 50309 Cell: (214)717-1828 www.shearerlaw.pro THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE NAMED RECIPIENTS) ABOVE AND IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT 18 U.S.C. SECTIONS 2510- 2521.THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. THIS MESSAGE IS INTENDED FOR USE ONLY BY THE NAMED RECIPIENT(S). ANY OTHER USE OF THIS INFORMATION OR ANY ATTACHMENTS IS FORBIDDEN. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE DELETE ALL COPIES AND, IF POSSIBLE, NOTIFY THE INTENDED RECIPIENT. >' I -4 w 'A rV 1 ORIGINAL PETITION EXHIBIT 10 Page 7 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT THE SHEARER LAW OFFICE io8 Third Street Suite 302 Des Moines, Iowa 50309 24 VIA ELECTRONIC MAIL 14 August 2023 Ms.Jordan Sellergren Iowa City Historic Preservation Commission : City of Iowa City 410 East Jefferson Street ry Iowa City, Iowa 52245 Ms. Sellergren: I wrote you on July 26, 2023 that there are significant violations of Iowa City Ordinance 14-3B-7 at the building that occupies 18-20 South Clinton in Iowa City. I notified Ms. Jessica Bristow-your colleague and the Iowa City Historical Preservation planner- of the problem on the same date. Through counsel, I was noticed in writing that the building would be inspected on August 2, 2023. Initially,the City intended to inspect only 18 South Clinton,despite my notice to you and Ms. Bristow that the roof that covers the entire building and the basement that supports the entire building were at issue. Only, after I pointed this out to the City, did they agree to inspect the entire building contemporaneously. Mr. Eric Goers provided me a copy of the results of the City's investigation today, and as it happens-the investigation took place under Iowa City 6-1-211 and not under 14-313-7 as requested by my client. That said,the City is now aware that the building is in violation under the standards that define demolition by neglect under 14-3B-7,yet gave the building a"pass"rather than demand that the landlord perform the necessary repairs. For this reason, I am again requesting that you contact me regarding what can be done to prevent demolition by neglect at 18-20 South Clinton. I am certain that your organization is sincere in its desire to protect significant historic landmarks in Iowa City and is not merely a sham organization that was formed to provide the City and a select group of privileged people the ability to gentrify the Downtown area under the guise of preservation.At present, nothing I see convinces me that even one person with authority in this matter has genuine concern for the building itself.In fact, it appears that the City itself made an alteration to the facade of the building on July 25, 2023 without obtaining a proper permit. THE SHEARER LAW OFFICE PC Page 1 or2 ORIGINAL PETITION EXHIBIT 10 Page 8 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT A direct communication from you would be greatly appreciated by my client, as he believes his notifications and warnings of structural problems are being ignored by the City. Very truly yours, C Shawn E. Shearer S F— /9 I v THE SHEARER LAW OFFICE PC Page 2 of 2 ORIGINAL PETITION EXHIBIT 10 Page 9 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT Shawn Shearer From: Shawn Shearer <shawn@shearerlaw.pro> Sent: Monday,August 14, 2023 9:06 PM To: 'Eric Goers'; 'Liz Craig'; 'Siobhan Briley' Subject: 18-20 S. Clinton (Short's et al) Inspection Report Attachments: 20230814 Letter- Inspection Results.pdf Mr. Goers, Ms.Craig and Ms. Briley—Please see the attached correspondence. The City wrongly applied the standards of 6-1-21-1 when the standards in 14-313-7 and 17-5-19 must be applied and addressed.The City's report provided confirms that violations of 14-313-7 are continuing and ongoing and must be addressed by the owner. Shawn E. Shearer The Shearer Law Office, P.C. 108 Third Street,Suite 302 Des Moines, IA 50309 Cell: (214) 717-1828 www.shearerlaw.pro THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE NAMED RECIPIENT(S) ABOVE AND IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT 18 U.S.C. SECTIONS 2510- 2521.THIS EMAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. THIS MESSAGE IS INTENDED FOR USE ONLY BY THE NAMED RECIPIENT(S). ANY OTHER USE OF THIS INFORMATION OR ANY ATTACHMENTS IS FORBIDDEN. IF YOU RECEIVE THIS EMAIL IN ERROR, PLEASE DELETE ALL COPIES AND, IF POSSIBLE, NOTIFY THE INTENDED RECIPIENT. -v �r ~ 4� 1 ORIGINAL PETITION EXHIBIT 10 Page 10 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON -CLERK OF DISTRICT COURT THE SHEARER LAW OFFICE io8 Third Street Suite 3o2 Des Moines, Iowa 50309cn August 14, 2023 VIA ELECTRONIC MAIL '~ ' y� Eric Goers Siobhan Briley Liz Craig Pugh Hagen Prahm, PLC City of Iowa City 425 E. Oakdale Blvd., Suite 201 410 East Washington Coralville, IA 52241 Iowa City, Iowa 52240 Re: 18-20 South Clinton Inspection Report Documents of o8/14/23 Mr. Goers, Ms. Craig, and Ms. Briley: The City of Iowa City ("City") conducted an inspection of 18, 18 1/2, and 20 S. Clinton ("Premises") on August 2, 2023. The reports emanating from that inspection were provided to me by email and hyperlink from Mr. Goers today,August 14, 2023.According to the "Code Case Detailed Report" provided to me, the inspection was conducted for possible "Violation Code: 6-1-2H Abandoned, Vacant or Dangerous Building." This basis for the inspection is incorrect and does not reflect the pre-inspection communications by me regarding the purpose of the inspection. The inspection was requested to determine whether the owner of the Premises was complying with the requirements of Iowa City's Historic District and Conservation District Overlay Ordinance (Iowa City Code Title 14, Chapter 3B).At no time in any of my writings to you was the inspection requested for the City's determination of whether the condition of the Premises constituted a public nuisance under Title 6, Chapter 1, Section 2H. The Premises has been designated a "key contributing resource" inside of the Iowa City Downtown Historic District.'According to the City's own application for designation "the streetscape facing S. Clinton bears particular significance for its proximity and historic relationship with Old Capitol and University Pentacrest and for its retention of late 19t' and early 20t'century buildings." In furthering the purpose "safeguard[ing] the city's architectural, historic, and cultural heritage by preserving historic buildings" (14-0-1(A)(2)), the Iowa City Council adopted Iowa City Code 14-3B-7 establishing a"Duty to Maintain"by"Prevention of Demolition by Neglect." 1 https://www.icgov.org/government/departments-and-divisions/neighborhood-and-development- services/development-services/historic-preservation/downtown-historic-survey THE SHEARER LAW OFFICE, P.C. PAGE 1 OF 3 ORIGINAL PETITION EXHIBIT 10 Page 11 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON - CLERK OF DISTRICT COURT Specifically, Iowa City Code 14-3B-7(A) provides (emphasis added): Duty to Maintain. All buildings and structures that contribute to a conservation or historic district, or that are listed or are eligible for listing on the National Register of Historic Places, regardless of whether they are in a designated historic or conservation district, must be preserved against decay, deterioration, and kept free from structural defects by the owner or such person,persons,or entities ho --� _ may have custody or control thereof. Accordingly, all=sueh " 1 buildings and structures must be maintained'mi accordance with the provisions of section 17 5-10, "Responsibilities Of Owners Relating To Maintenance, And ." Occupancy Of Premises", of this code. Iowa City Ordinance 14-3B-7(A) applies the standard of the Iowa City Housing Code(Title 17, Chapter 5) to all buildings contributing to historic district whether residential or commercial.2 The inspection of 18-20 South Clinton was requested for the City to determine whether the owner was maintaining the building in accordance with these 14-3B-7 obligations and, in particular,with Iowa City Code 17-5-19 applied to this historic structure, the standards of which are much more stringent than the standards for a public nuisance under 6-1-211. Specifically, the relevant portions of Iowa City Code 17-5-19, entitled "Responsibility of Owners Relating to the Maintenance and Occupancy of Premises," provide (emphasis added): A. Maintenance of Structure 1. Structure a. Every foundation, roof, floor, wall . . . shall be maintained in a safe and sound condition and shall be capable of supporting the loads that normal use may cause to be placed thereon. . . . 2. Exterior a. Condition. Every foundation, floor, exterior wall, exterior door, window and roof shall be maintained in a weathertight, watertight, . . . condition. The inspection report provided to me indicates that the City's personnel "observed 12" to I submitted an Iowa Open Records Act request on July 1, 2023 through the Cites online portal and by emailed letter to Ms. Sue Dulek. In my July 1, 2023 correspondence I requested records as to any City inspections as to the owner's compliance with Title 17,Chapter 5. In response,by email dated July 10,202-3, Ms. Dulek stated"With respect to allegations regarding Section 17-5-ig of the City Code,Title 17-Chapter 5 is the Housing Code, not the Building Code.The City's Building Code can be found at Title 17-Chapter 1." Unfortunately,Ms.Dulek did not understand my statements and requests were solidly based on the cross- reference from Iowa City Code 14-3B-7(A)to Iowa City Code 17-5-1g imposing the Housing Code standards on all historic contributing buildings. THE SHEARER LAW OFFICE, P.C. PAGE 2 OF 3 ORIGINAL PETITION EXHIBIT 10 Page 12 of 13 E-FILED 2023 SEP 08 1:43 AM JOHNSON - CLERK OF DISTRICT COURT 18" of standing water in the eastern portion of the basement. There is piping for a sump pump a sump pump was not observed."The report also notes that the owner acknowledges that water is leaking through the building. The City's own inspectors witnessed conditions non-compliant with 17-5-19. Nonetheless, the City reported that the Premises "passed"the inspection for a nuisance under 6-1-2H a completely irrelevant ordinance. The amount of water in the basement, at an observed 12" — 18" inches exceeds the depth of baby pools. Water does not end-up in the basement in such amounts if the building is maintained as "weathertight" and "watertight" as required by 17-5-19. The inspectors cannot sluff-off such a condition as "not a nuisance"when the standards applicable to the structure are much more stringent. The reports I received demonstrate the City inspectors personally witnessed violations of 14-3B-7. Yet, no citations were issued. These conditions have been unaddressed by the owner since 2019,despite Short's raising the issues repeatedly. The City's conclusion as to a"pass"is without a rational basis given the reported conditions. The report applied the wrong ordinance provisions to the facts observed. The report must be re-written with focus on the requirements placed on the owner of the Premises under the Iowa City Code 14-3B-7 Historic Preservation Code's more stringent standards through application of Iowa City Code17-5-19 to the Premises. It is clear from the report already provided, and the years over which the owner has failed to perform even rudimentary maintenance, that the owner is allowing the Premises to be demolished by neglect in violation of the spirt and the specifics of Iowa City Code 14-3B-7• Given the timelines for filing writs of certiorari under Iowa law, I must receive a re-written report addressing the 14-3B-7 and 17-5-19 issues (for which the inspection was requested in the first place)by August 31, 2023.The report provide is completely inadequate and not related to the basis for the requested inspection. Very truly yours, �v Shawn E. Shearer THE SHEARER LAW OFFICE, P.C. PAGE 3 OF 3 ORIGINAL PETITION EXHIBIT 10 Page 13 of 13 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Friday, October 13, 2023 12:07 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Grace Subject: Lawsuit Attachments: 20231013115402.pdf Please see the attached lawsuit received today in the clerk's office. Thanks, 11=111 I FWA CI 1 T ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (Shelherlhers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0 Agh 0 P:319-356-5040 410 1 WASHINGTON ST IOWA CITY,IA 52240 *why this matters FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at fCGnV.aIiG/FAREFREE "The beauty of the world lies in the diversity of its people. "-Anonymous 1 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SHORT'S BURGER& SHINE, LLC Petitioner, Case No VS. 0 CITY OF IOWA CITY ORIGINAL NOTICE Respondent. w TO THE ABOVE-NAMED RESPONDENT: y� You are notified that a petition has been filed in the office of the clerk of this cou�rrt naming you as a Respondent in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name and address of Plaintiffs attorney is Shawn Shearer, whose address is The Shearer Law Office, P.C., 108 Third Street, Suite 302, Des Moines, Iowa 30309; telephone number (214) 717-1828; and email shawn@shearerlaw.pro. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless,within 20 days after service of this original notice upon you,you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County,at the courthouse in Iowa City,Iowa,judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator, Julie Fette, 319-398-3920 (1105) or email julie.fette@iowacourts.gov. 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 TO PROTECT YOUR INTERESTS E-FILED 2023 AUG 24 8:15 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV084614 County Johnson Case Title SHORT'S BURGER & SHINE, LLC V. CITY OF IOWA CITY 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.ugEfiie 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.le is.iowa. ov/docs/ACO/CourtRlllesCl3a ter/I6. df. 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 ww�v,iowaco►:rts. ov/for-the- ublic/re resentin - ourself) rotect- ersonal-information/. Scheduled Hearing: If you need assistance to participate in court due to a disability, call the disability access coordinator at(,;p9) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-73 5-2942). For more information, see www.iowacotirts.gov/for-flie-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 08/24/2023 08:15:32 AM 45tfCP 4nc PU District Cleric of Court odby Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SHORT'S BURGER& SHINE, LLC Petitioner, Case No. V. CITY OF IOWA CITY PETITION FOR Respondent. WRIT OF CERTIORARI AND/OR MANDAMUS DECLARATORY JUDGMENT COMES NOW Short's Burger& Shine, LLC ("Short's"or"Plaintiff'), and for its Petition of a Writ of Certiorari against the City of Iowa City, Iowa("City") states: OVERVIEW 1. The City stated in its Downtown and Riverfront Crossing Master Plan(Dec. 2020), adopted as part of the City's zoning authority, that "protection and preservation of Downtown's N historic building stock should be a key priority." c:3 2. The City of Iowa City took action to materially modify, change*id pgmanently deface the exterior of a historic building(18 S. Clinton)in violation of its own historic preservati6n ordinances (Iowa City Code 14-3B). PARTIES 3. Short's is an Iowa limited liability company with its principal place of business in Iowa City, Johnson County, Iowa. 4. The City is located in Johnson County and vested with the powers set forth in Iowa Code chapter 364 Original Petition Page 1 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT JURISDICTION &VENUE 5. This Court has jurisdiction to hear this matter pursuant to Iowa Constitution Article V, Section 6. 6. Iowa R. Civ.P. 1.1401 "Certiorari Petition"authorizes a party claiming"an inferior tribunal, board or officer exercising judicial functions . . . exceed proper jurisdiction or otherwise acted illegally." 7. Iowa Code chapter 661 "Mandamus" authorizes actions in mandamus to be "brought commanding an inferior tribunal,board,corporation, or person to do or not do an act,the performance or omission of which the law enjoins as a duty resulting from an office, trust or station." 8. Iowa R. Civ. P. 1.1101 "Declaratory judgments permitted" empowers this Court to "declare rights, status and other legal relations whether or not further relief is or could be claimed... The declaration may be either affirmative or negative in form or eff=t, and such declarations shall have the force of a final decree. The existence of another rezniqy does.,not preclude a judgment for declaratory relief in cases where it is appropriate... 9. Venue is appropriate in this district because both parties are resider _of Johnson County, Iowa and all acts complained occurred in Johnson County. Iowa Code chapter 616 COMMON FACTUAL ALLEGATIONS The Patio 10. Short's is the current tenant and occupant of the property located at 18 S. Clinton Street, Iowa City Iowa. This location is comprised of the northern portion of the first floor and basement of the building. Original Petition Page 2 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT 11. The building Short's occupies also includes 18 1/2 S. Clinton(the upper floors) and 20 S. Clinton(the ground level floor to the south). 12. As used herein, the term "Building" means the entirety of the building/structure comprised of 18 to 20 S. Clinton in Iowa City. -A 13. In 2008 and 2009, Short's applied for and obtained all required permiR&om the � r City to construct a street level "deck" or patio in the front of the building (the ".Patio")—w ' 14. The Patio is comprised of wood decking no more than twelve inches irr. eight and extending less than five feet from the fagade of the building, built to the slope of the sidewalk in a manner to level the area. 15. The Patio was surrounded by iron fencing. The iron fencing was attached to floor base and to the front of the Building by "lug-bolts". 16. An image of the Patio is below and is contained in Exhibits 2 & 3 attached hereto and incorporated herein by this reference. The Patio at issue is identified by the red box in the image below. - I ■1I K I I Original Petition Page 3 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT Historical Designation 17. After Short's constructed and installed the Patio in 2009, in 2018 the City applied to the United States Department of the Interior,National Park Service ("NPS") for designation of the "Iowa City Downtown Historic District"to be listed as a historic district under federal law. - 18. The application for designation of the Iowa Downtown Historic District with the NPS was undertaken at the direction of the City Council of Iowa City. See Exhibit 1 ilWorporated herein by this reference. . 19. A copy of the City's NPS application for historic district designatiowas finall-y submitted in 2021 is attached hereto Exhibit 2 and is incorporated by reference. The apLAication is a public document published by the City and is available at: https://www.iowa-city.org/WebLink/O/edoc/2004176/Final%2ONomination%20 Iowa%20City%20Downtown%20Historic%20District%2004-22-2021.pdf 20. The City, in its application to the NPS, listed the Building, 18-20 S. Clinton, as within the proposed historic district and as a"contributing resource under criterion A." See Exhibit 2 at pgs. 8 & 10 and Exhibit 3, each incorporated herein by this reference. 21. The City's NPS application further states the the Building is eligible for listing on the National Register of Historic Places individually under criterion A. (Exhibit 2 & 3) 22. On May 27,2021,the Iowa City Downtown historic district designation application was approved by NPS and the Iowa City Downtown Historic District, in which the Building is located, was listed in the National Register of Historic Places. (Exhibit 1) The Law 23. Review of "material changes" to "exterior features" of properties in historic districts requires prior review and permitting/certification by the Iowa City Historical Preservation Commission. Iowa City Code (ICC) 14-3B-3(A). Original Petition Page 4 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT 24. A "material change" means "any act that adds new material or otherwise modifies an exterior feature of a property. Material Changes include alterations to the exterior features of a building or structure . . ." ICC 14-913-1 25. "Exterior features" means "the architectural style, general design and arrangement of the exterior of a building, including the kind and texture of a building material and the type and style of all windows, doors, roof pitch, eaves, trim and brackets, porches, chimneys, signs and other appurtenant fixtures. " ICC 14-9B-1 26. Among other requirements, a permit will not be issued for material changes to t exterior features of a building in a historic district unless it complies with the United States Secretary of the Interior's Standards for Rehabilitation, 1990 edition or subsequent revision thereof and the Iowa City Guidelines for Historic Preservation. ICC 14-313-3(C) 27. An Iowa City Historic Preservation Commission historic review.is refired for all changes to the exterior features of any a property in a historic district. lowa C,v Hi"toric Preservation Handbook(ICHPH) Section 2.0. ••' 28. Any proposed project must be approved by the Preservation Planner, Preservation Planner and Chair of the Historic Preservation Commission ("Commission"), or the full Commission according to the assigned level of review. ICHPH 2.1. 29. No matter the level of review applied, prior to taking an act of material change to an exterior feature,a"certificate of no effect"or a"certificate of appropriateness"must be obtained through the historic review process. Exhibit 7 incorporated herein by this reference and ICHPH 2.2—2.7. 30. Removal of historic porches is prohibited. ICHPH 4.10, 7.1 31. The historic review process is in addition to, and not in lieu of,the normal building Original Petition Page 5 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT permit process also applicable. 32. If a historical review is required, the types of review are divided into "minor, intermediate or major" as set forth ICC 14-8E-2(B). ICC 14 -3B-3(B)(1). 33. In taking enforcement action against property owners the City is required to advise, - consult, and obtain approval of the Commission prior to issuing order or taking action. ICC 14- 3B-6. 34. Even if the condition for which the City seeks enforcement involves a condition that is "dangerous to life, health or property"the historic review process is required unless it is an "emergency." ICC 14-3B-6. 35. An expedited procedure is provided for non-emergency conditions deemed "dangerous to life,health, or property"and that procedure requires the City to provide "at least 30 days' notice of any proposed order for remedying a condition determined to be dangerous to life, health or property which may affect the exterior feature of any building or structureScated in a district." w 36. The Patio at the building was not dangerous to life,health,or property a!A therefo7re was no subject to the expedited 30-day advance notice requirement, but instead was sub ect to the normal timeline for submission and procedures for modifying the fayade of historic buildings, possibly lasting more than 30-days. Unlawful Material Changes 37. The Patio at the Building was not in a "condition dangerous to life, health, or property" in July 2023. 38. Removal of the Patio and its fencing from the facade of the Building wase a material change to the exterior features of the Building. Original Petition Page 6 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT 39. The Building is in a historical district recognized by the Department of the Interior NPS. 40. The Patio and fencing had received permission to be added to the facade in 2009. 41. The Patio and fencing were permitted to be in the location and attached to the Building. 42. On or about July 25, 2023,the City removed the Patio and its iron fencing from the facade of the Building. 43. The City did not seek historical review or obtain either a"certificate of no effect" or a "certificate of appropriateness" before removing the Patio and iron fencing on or about July 25, 2023. 44. The City has disposed of the original materials constituting the Patio and fencing attached to the Building by lug bolts that were present at the time the City made application for the Downton historic district to be registered with the Department of the Interior NPS. COUNT I : WRIT OF CERTIORARI AND/OR MANDAMUS & REQUEST FOR DECLARATION 45. The causes of action and remedies of writ of certiorari and mandamus Are plead jointly and in the alternative. 46. The request for a declaratory judgment is plead jointly with the requestectcertiorari and/or mandamus remedy. 47. The City's action of removing the Patio and fencing without first obtaining historical review and receiving a"certificate of no effect" or a"certificate of appropriateness"was an unlawful act in violation of the ICC,Department of Interior Guidelines and ICHPH provisions. 48. The removal of the Patio and its fencing caused permanent damage to the existing facade of the Building. Original Petition Page 7 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT 49. Exhibit 6, incorporated herein by reference, contains photographs taken the day after the City's removal of the Patio and its fencing showing damage to the fagade of the Building that is protected from material alterations by the above cited laws. 50. The City's act of removing the Patio and its fencing was an unlawful act under the applicable laws cited above. 51. The Petitioner seeks the declaratory judgment that the City's act of removing the Patio and fencing was an illegal unauthorized act in violation of the applicable Iowa City preservation laws cited above. 52. The Petitioner seeks injunctive relief by certiorari, mandamus, or general equity as remedies for such illegal conduct, including but not limited to orders requiring the City to restore the Patio and its fencing unlawfully removed under Iowa City's historic preservation laws. REMEDIES AND REQUEST FOR RELIEF WHEREFORE, Plaintiff requests that this Court enter judgment against the Defendants on all Claims and provide the following relief- (i) Declaration that the City's act of removing the Patio and fencing was taken in violation of the Iowa City historical preservation ordinances and laws as pR4d above; --a (ii) A writ of certiorari be issued ordering the City to replace the Patio and fenetng, and make all necessary repairs, at the City's cost,to restore the fagade df the bw�ding to. that which existed at the time the Patio and fencing were taken without prdper permitting; w.9 (iii) That Plaintiff be granted a trial by jury as to all issues in the Petition; and ' (iv) Such other and further relief, including equitable relief, to which the Plaintiff may be entitled and as the Court deems appropriate. Original Petition Page 8 of 9 E-FILED 2023 AUG 23 5:50 PM JOHNSON - CLERK OF DISTRICT COURT Dated: August 23, 2023 ATTORNEY FOR PETITIONER /s/ Shawn Shearer(AT0014824) The Shearer Law Office, P.C. 108 Third Street, Suite 302 Des Moines, Iowa 50309-4758 Telephone (214) 717-1828 Email shawn@shearerlaw.pro rr Original Petition Page 9 of 9 E-FILED 2023 AUG 23 5:50 Pr,v �owntl0r8l EW OFD STRICT COURT PETITION gage 1 of 2 SERVICE FINDER CONTACT Jessica Bristow Historic Preservation Planner 319-356-5243 Email C) Downtown Historic Survey National Register of Historic Places Listing On May 27, 2021,the Iowa City Downtown Historic District was listed in the National Register of Historic Places. The final nomination can be read online. Listing in the National Register of Historic Places is an honorific designation with economic benefits, such as tax credits. The National Register does not protect properties from demolition nor does it regulate changes made to a building. Project Description The City has been working toward listing in the National Register since 2017.At that time,the City of Iowa City hired AKAY Consulting to review the properties and history of Downtown Iowa City to determine if it was eligible for a listing in the National Register of Historic Places.The consultant met with several stakeholders and held several public meetings throughout the process. In October 2018,the consultant presented their findings and recommendations to the public and to the City Council. One recommendation included moving forward with listing in the National Register.With support from others in the community, including the Historic Preservation Commission and The Iowa City Downtown District,the City contracted with AKAY Consulting to prepare the nomination. The boundaries of the survey area are as follows. • Clinton Street on the west • Iowa Avenue on the north • Gilbert Street on the east • Burlington Street on the south https://www.icgov.org/government/departments-and-divisions/neig h borhood-a nd-development-services/developme nt-services/h istoric-preservation/do... 1/2 Downtown Historic 5urve Iowa Ci IA pE TION E-FILED 2023 AUG 23 5:50 PNE1f� iVl- CLERK F ❑is ICT COUR-Page 2 of 2 Public input Since the project started in 2017,the City held two public meetings and the consultant also met individually with a variety of Downtown property owners and stakeholders.To conclude the project,the City hosted a final public meeting on Monday, Oct. 22, 2o18,in the Senate Chambers at the Old Capital,located on the University of Iowa Pentacrest.Those in attendance had an opportunity to hear from the consultant and learn more about the historic nature of Iowa City's downtown. On October 23, 2o18,the consultant presented the project at a City Council Work Session where Council directed the Historic Preservation Commission to provide recommendations on how to proceed with the results of the findings from the Downtown Survey project. Worl es-Mn of October 23, 2018 a h ttps:llwww.i cg ov.org lgcve rnme nt/depa rtments-and-divisions/neighborhood-and-development-servicesid eve lopme n t-se rvi ceslh isto ri c-p resef-vatic nld o... 212 NPS Form PLFrITION E-FILED 2023 AUG 23 5:50 PIVE" N2- CLERK OF DISTRICT CGV%�W4fO&97 United States Department of the Interior National Park Service National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin,How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented,enter"N/A'for"not applicable." For functions,architectural classification,materials,and areas of significance,enter only categories and subcategories From the instructions. Place additional certification comments,entries,and narrative items on continuation sheets if needed(NPS Form 10-900a). 1. Name of Property - historic name Iowa City Downtown Historic District other names/site number - Name of Multiple Property Listing (Enter"N/A"if property is not part of a multiple property listing) 2. Location street & number Roughly, S.Clinton to S.Gilbert, Iowa to alle r�south of College not for publication city or town Iowa City ❑ vicinity state Iowa county Johnson zip code 52240 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, hereby certify that this X nomination_ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property X meets_does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: _national _statewide X local Applicable National Register Criteria: X A _IS X C _ D GJ Signature of certifying official/Title:Deputy State Historic Preservation Officer Date State Historical Society of Iowa State or Federal agency/bureau or Tribal Government In my opinion,the property _meets_does not meet the National Register criteria. Signature of commenting official Date Title State or Federal agency/bureau or Tribal Government 4. National Park Service Certification - I hereby certify that this property is: entered in the National Register _determined eligible for the National Register determined not eligible for the National Register _removed from the National Register other(explain:) Signature of the Keeper _ Date of Action Sections 1 —4 page 1 United Sta�9�oEh� 119&br2023 AUG 23 5:50 P�J�'CLERK OF DISTRICT COUTTage 2 of 97 National Pa ervice ational Register of Historic Places Registration orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County , Iowa Name of Property County and State 5. Classification Ownership of Property Category of Property Number of Resources within Property (Check as many boxes as apply.) (Check only one box.) (Do not include previously listed resources in the count.) Contributing Noncontributing_ X private �� building(s) 65 21 buildings X public- Local X district 1 _ site X public- State site structure public- Federal structure 1 7 object object 67 28 Total Number of contributing resources previously listed in the National Register: 8 6. Function or Use Historic Functions Current Functions (Enter categories from instructions.) (Enter categories from instructions.) DOMESTIC/hotel DOMESTIC/hotel COMMERCE/TRADE/business COMMERCE/TRADE/business ti COMMERCE/TRADE/specialty store COMMERCE/TRADE/specialty stOA COMMERCE/TRADE/restaurant COMMERCE/TRADE/restaurant 4 COMMERCE/TRADE/professional COMMERCE/TRADE/professional SOCIAL/meeting hall SOCIAL/meeting hall RELIGION/religious facility RELIGION/religious facility EDUCATION/library EDUCATION/library LANDSCAPE/plaza LANDSCAPE/plaza COMMERCE/TRADE/warehouse COMMERCE/TRADE/department store FUNERARY/mortuary EDUCATION/school 7. Description Architectural Classification Materials (Enter categories from instructions.) (Enter categories from instructions.) EARLY REPUBLIC/Early Classical Revival LATE VICTORIAN/Gothic LATE VICTORIAN/Italianate LATE VICTORIAN/Romanesque LATE VICTORIAN/Second Empire foundation: BRICK Sections 5—7 page 2 United Stapp 7 oi&9bWEQr2023 AUG 23 5:50 P iVk-CLERK OF DISTRICT COUFPTege 3 Of 97 National Par e ,1 ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State LATE VICTORIAN/Renaissance STONE LATE 19T"& EARLY20TH C. REVIVALS/ Beaux Arts LATE 19T"& EARLY20TH C. REVIVALS/ Colonial Revival LATE 19TH& EARLY20TH C. REVIVALS/ walls: BRICK Classical Revival STONE LATE 19T"&EARLY 20TH CENTURY WOOD AM. MOVEMENTS/Commercial Style _ roof: LATE 19T"&EARLY 20TH CENTURY other: AM. MOVE MENTS/Chica o MODERN MOVEMENT Section 7 page 3 United 5ta��oENFiia1EQr2023 AUG 23 5:50 i'N f It CLERK OF DISTRICT COUP age 4 of 97 National Par erv�ce ational Register of Historic Places Registration arm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Narrative Description Summary Paragraph (Briefly describe the current,general characteristics of the property,such as its location,type,style, method of construction,setting,size,and significant features.Indicate whether the property has historic integrity.) The Iowa City Downtown Historic District is located in the southeastern Iowa community of Iowa City. Largely defined by the presence of the University of Iowa, the community at large is characterized by the many features of that educational institution and the energy created by the daily overlap of the student and staff population with local residents; the proximity of the University to the Iowa City downtown assures that synergy. The Historic District is situated immediately east of the University Pentacrest with the Old Capitol at its center. The Iowa City downtown is typical of communities across Iowa in that it evolved organically in response to geographical or built features specific to its community. In some locales, a hilly terrain or waterway dictated the pattern of commercial development. In Iowa City, while a river town, it was the Old Capitol and the buildings of the University that impacted where the central business was established and in what manner it grew through subsequent decades. Less organic in nature, but no less powerful, were the desires and financial capacity of individual property owners,economic booms and busts, architectural trends, changing business models, pressures of growth, and intervention by local government and business groups to ensure economic viability that are all represented in the buildings and spaces of the Iowa City downtown. The urban renewal era of the 1960s-1980s was particularly impactful in the Iowa City downtown, and its role in creating the downtown of today is no small part of the significance of the historic district. Today, the area within the boundaries of the Iowa City Downtown Historic District is characterized as a collection of predominantly commercial properties representing architectural and city planning spanning from 1856 through 2021 — a period of 165 years. The result is a complex arrangement of historic and contemporary buildings that reveal the historic evolution of commerce and architecture over those many years. The district remains separate from but anchored by the adjacent Old Capitol building (a National Historic Landmark)and the University of Iowa Pentacrest(National Register of Historic Places) on the west and bound by the University campus on the north. The district contains the best-preserved commercial buildings, including examples of Early Classical Revival; Late Victorian era expressions of the Italianate, Renaissance, Romanesque, and Second Empire; Revival styles including Classical Revival, Gothic, and Georgian; examples of Chicago Commercial Style; and multiple 201 century buildings designed in the Art Deco and the Art Modeme styles. Significantly, the district embraces the significant alterations that resulted from the City's urban renewal program. The buildings constructed during the period associated with the program(1970-1979)represent the=architectural trends and technologies of the Modern Movement. More importantly, they are directly associated with an historic period that contributed significantly to the character of the district today. c� r0 Section 7 page 4 United StaF9�aEhFhh1&Qr2023 AUG 23 5-50 P� i CLERK OF DISTRICT COUWage 5 Of 97 National Pa erv1ce 1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa _ Name of Property County and State Narrative Description (Describe the historic and current physical appearance and condition of the property. Describe contributing and noncontributing resources if applicable.) (Iowa SHPO Additional Instructions:After the main Narrative Description,discuss any physical alterations since the period of significance under the subheading Alterations,and the seven aspects of integrity as it applies to the property in a Statement of Integrity.) Property Description: Iowa City Downtown Historic District Boundaries The Iowa City Downtown Historic District covers five full city blocks and three half-blocks (Figure 03); its boundary runs north along S. Clinton Street on the west, then two blocks east along Iowa Avenue where it turns south for 1/2-block along S. Linn Street, turning east along the alley between Iowa Avenue and E. Washington to S. Gilbert Street, turning south to E. College Street, turning west along the rear of the Carnegie Library where it then turns south on S. Linn Street to the alley between E. Burlington Street and E. College Street where it runs west to meet S. Clinton Street. The district boundaries include the best-preserved commercial buildings in the downtown with a minimum of intrusions outside the period of significance. The streetscape facing S. Clinton Street bears particular significance for its proximity and historic relationship with Old Capitol and University Pentacrest and for its retention of late 19th and early 20t' century commercial buildings. S. Washington, E. College, and S. Dubuque streets also retain significant early commercial buildings. The near complete loss of historic fabric along E. Burlington Street prevented including that streetscape in the district boundary. Figure 03. Iowa City Downtown Historic District Boundary Map - 2020 IOWAAVENUE � 55 .@ 1 � I'1?. straw".-- „ r� , Lu Mw LU w y rLu lj E _ cn 1 i _ Cn z a •:� H �4 W O 1 _ - EAST BURLINGTON STREET (Source:Baseline map,https://www.maps.google.com.) The district boundary is noted in red with the blue outline marking the Ped Mall. Section 7 page 5 United 5tap�o&Ehhi9@br2023 AUG 23 5:50 PN�� CLERK OF DISTRICT COUi�,Tage 5 of 97 National Par errnce! ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State The boundaries also embrace the downtown's urban renewal resources, most significant among them being City Plaza (a.k.a., the Ped Mall). In stark contrast to similar landscape features that appeared in urban renewal projects across the country, the Iowa City pedestrian mall was a success — of approximately 200 urban renewal era pedestrian malls constructed across the country, Iowa City Ped Mall is one of only 11 retained. It is the only remaining, fully pedestrian mall in Iowa.t Where the majority of other such projects have been reversed in recent years(returned to vehicular traffic),the Iowa City Ped Mall remains a beautiful gathering place that contributes to the civic, social, and economic vitality of the downtown. Its place within the physical and historical context of the downtown commercial area cannot be overvalued. A range of American architectural styles spanning the latter half of the 19th century and the 20th century remain represented by the buildings in the Iowa City Downtown Historic District. The work of important local and Midwestern architectural firms and designers is represented in modest as well as large-scale buildings. They include Chauncey Lovelace of Iowa City; Proudfoot and Bird and their successor firm - Proudfoot, Bird & Rawson - of Des Moines; Dieman & Fiske of Cedar Rapids; Liebbe, Nourse & Rasmussen of Des Moines;Vorse,Kraetsch&Kraetsch of Des Moines;H.L. Stevens Co. of Chicago;Kruse and Klein of Davenport; and J. Bradley Rust of Iowa City. Urban renewal era designers have also made their impact in the historic district, including the Iowa City firm of Hanson Lind Meyer and the Des Moines firm of Brooks Borg Skiles. The work of these architectural firms, along with that of otherAesigners and craftsmen whose names are not known, include examples representing the broad range design styles found in the historic district. The resources of the historic district were evaluated using the standards and guidelines estalished by the Secretary of the Interior, National Park Service with further clarification of integrity,sfandaKds specific to Iowa's downtown commercial buildings provided in the 2002 Multiple Property Documentation Form (MPDF) "Iowa's Main Street Commercial Architecture," written by Jan Olive Nash(now"Jan Olive Full). Due to the limitations imposed by the MPDF's period of significance, this nomination is'110 made under the umbrella of the MPDF.2 Although not directly applicable to National Register standards for evaluation or to registration status, it is worth noting that in cases where mitigating factors such as rarity of a building type or architectural style within the historic district exists, an elevated local historical significance likewise exists. Although these buildings have a diminished historic integrity (preventing individual eligibility), their significance to the character of the streetscape elevates their contribution to the district specific to local evaluation. The resource descriptions on the following pages indicate these properties with an asterisk in order to underscore their importance to local agencies and property owners. In cases where a resource is not yet 50 years old, consideration of contributing status has been filtered through Criterion Consideration G, which provides guidance for evaluating the potential significance of resources that don't meet the age guideline. District resources associated with the City's urban renewal era have been evaluated in this manner. While evaluating individual buildings in a survey project such as the present one is important, it is necessary to keep in mind that, "the overarching significance for the majority of commercial buildings stems from their location on Main Street, not their individual status." Only by examining the role individual buildings ' Cole E.Judge,"The Experiment of American Pedestrian Malls:Trends Analysis,"prepared for the Fresno Future Conference,2013. 2 Jan Olive Nash,"Iowa's Main Street Commercial Architecture,"National Register of Historic Places Multiple Property Documentation Form,"2002. Section 7 page 6 United Stala 4 oft'91lbE r2023 AUG 23 5:50 P� iVt CLERK OF DISTRICT CGUVage 7 of 97 National Pa ervrce ational Register of Historic Places Registratfon orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County_, Iowa Name of Property County and State play as part of the larger district can we fully understand the significance of particular historic associations. As the heart of a community, the commercial downtown has long been central to the economic health of Iowa communities of all shapes and sizes. Just as importantly, the downtown serves as a community gathering space and as a civic space for the celebration of area events. As the city's historical commercial center and community gathering place, the Iowa City Downtown Historic represents significant historical contexts by which we are able to understand and appreciate the buildings, spaces, and sense of history retained there.3 Property Description: Resource Classification and Count �J The Iowa City Downtown Historic District is comprised of 103 resources representing 94 by-uldings, one site, and 8 objects. Of the 94 buildings represented in the historic district, 73 (including eight National Register listed properties) are counted as contributing resources. The remaining 21 buildings are non-contributing resources. The site (City Plaza a.k.a., Ped Mall) is counted as one contributing site. Resources counted as objects are substantial in scale, relatively permanent, and impact the character of the historic district. Located on the Ped Mall, these objects include a series of integrated, large-scale planters/retaining walls that remain a significant element dating to the original landscape design. As a type of feature on the Ped Mall, the integrated, large-scale planters are counted as one contributing object. Also counted as objects on the Ped Mall are a number of freestanding, limestone planters arranged along the length of the intersecting path of the mall; the planters are grouped as a type of feature and counted as one non-contributing resource. Five contemporary sculptures are located on the Ped Mall; they are counted individually, representing 5 non-contributing resources. Finally, a playground area with equipment is counted as one non-contributing resource. In summary, the objects located on the Ped Mall (and counted separately from the Ped Mall) represent one contributing object, and seven non-contributing objects. The period of significance is 1856-1979 embracing the earliest:extant resource (Franklin Printing) through completion of the Ped Mall (a.k.a., City Plaza). The period embraces the span of time in which the existing resources best represent the range of commerce and architecture that define the district's historic integrity. In addition,the period includes most of the urban renewal era resources.Only one large-scale,urban renewal era building post-dates the period of significance —the Holiday Inn, which was placed in service in 1984. Given the constraints of Criterion Consideration G, the period of significance has been terminated with completion of the Ped Mall, the community centerpiece of the urban renewal effort. The significant dates are 1856 (the date of the earliest extant resource) and 1970 which marks the beginning of the urban renewal demolitions within the boundaries of the historic district — an era that resulted transformation of the commercial downtown. s Nash,E-24. Section 7 page 7 United SVp� oEhEliblE ir2023 AUG 23 5:50 Pll� k 7 CLERK OF DISTRICT COU Wage 8 of 97 National Par ervice ational Register of Historic Places Registra ionFo-rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson Cou_nty, Iowa Name of Property County and State Figure 04. Iowa City Downtown Historic District Resource Map - 2020 IOWAAVE N N N U 7 W 13E5' C7 D ` O - ` cnV`_� 324 WWI E WASHINGTON ST m F bra z - - r(n O 114 ■. 0 U Z a Z 3?ll ul U PuN:C LilNary 2' Z 03 _l J 2 \ E COLLEGE ST N \Pe'd`stya;Jal \r�► �� FlottdRy.�n ptam TM" !1 w � E BURLINGTON ST 771 =a rn O ;;=•s i KEY. M District Boundary m Contributing p � Non-Contributing �n Listed ® Pedestrian Mall-Contributing Resource (Source:Baseline map,https://www.maps.google.com.) Resource descriptions and classifications for the district follow,with"C"for contributing resources,NC for non-contributing resources, and "NRHP' denoting resources that are already individually listed on the National Register of Historic Place. A table of resources can be found in"Additional Information". Section 7 page 8 United StajB ofilhE E&2023 AUG 23 5:50 PA fry CLERK OF DISTRICT COUTTage 9 of 97 National Pa ervwce ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa Citv Downtown Historic District Johnson County, Iowa Name of Property County and State S. CLINTON STREET 01. Dey Building-C*4 8 S. Clinton Street _ - Classical Revival 1917 A The Dey Building is a 2-story, limestone-clad, stee -frame `"" rY l - r w1i commercial building constructed in 1917. The fire-resistant _- structure was erected with the structural capacity to be expanded from two to five or six stories for use as hotel rooms. The Dey Building housed the UniverV Book Store, continuing a tradition begun in 1870 of bookstores at this prominent corner; the building remains occupied by a bookstore today. 2-story,pilasters divide the west elevation into four bays and the norelevation into five bays. A simple cornice provides the visual termination for those elevations. The storefronts underwent major remodeling in the 1970s. The cast concrete canopies were installed in 2001 - .a re(Utly panted in the University of Iowa Hawkeye colors of black and golds r TJ The Dey Building is a moderately well-preserved example of a Classical Revival comtnercW built Mg. This contributing resource is locally significant under Criterion C as a well-executed styiistic,#pression in the Iowa City downtown. The building is also significant under Criterion A; contributing as it does to our understanding of the history of commerce in Iowa City. 02. Coast& Sons Building-C* 10-14 S. Clinton Street , Classical Revival -�- - 1892 The Coast& Sons building is a 2-story,3-bay, commercial building located amid a contiguous line of commercial properties. The building's visual character is derived from its overtly classical influence-the upper stories _ at, dominated by Roman and Greek forms. Coast and Easley, clothiers, occupied the north and middle bays (10-12) of the building from its construction in the fall of 1892 through 1898, at which time William P. Coast welcomed his son, William O., to the business. The named was then changed to Coast & Son and, when Preston C. Coast joined his father and brother in 1906, the business became known as Coast& Sons. The business remained associated with the family through the early 1930s, remaining occupied by a clothier through the 1960s, Although the building's storefronts have been altered significantly from the historic,the upper stories retain a very good level of historic integrity of design and materials. This contributing resource is locally significant under Criterion C as a well-executed, atypical stylistic expression in the Iowa City downtown. The building is also significant under Criterion A;contributing as it does to our understanding of the history of commerce in Iowa City, specifically in association with the longstanding and important clothing store of the Coast family,which operated under various names from 1892 through ca.1932. 4 Note that resources designated with a*are considered,by local standards,key contributing resources.They are here noted as such to indicate their significance to the local fabric in oonformance with the Iowa City Preservation Ordinance. 'The descriptive and historical information provided on all resources is excerpted from site survey forms updated and submitted with the 2018 survey and evaluation by Alexa McDowell for the City of Iowa City.They will not be individually cited in this document. Section 7 page 9 United StaFa�oEi E&E&r2023 AUG 23 5:50 P�r fV�CLERK❑F DISTRICT CC# 'fie y 0 of 9? National Par ervice 1 atipnal Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 03. Namur Bakery Building—C* (a.k.a., McDonald Optical) 16 S. Clinton Street Italianate ca.1874/ca.1884 i .■r 1rP *■ The Namur Bakery Building is a 3-story, single bay, brick commercial building. ■ ■ The existing storefront has an off-center, recessed entrance with small shop windows and Vitrolite cladding. The upper levels have three windows, each with elaborate, pressed metal window hoods. The pressed metal cornice has a garland of pointed arches set beneath a denticulated crown molding. The building may r� 1� date as early as ca.1874, but the Late Victorian era facade that is retained today dates to ca.1884. For much of its early history, Eugene Namur, confectionery and bakery, was located in there, with the Namur family living in the upper story. The building had a variety of occupants in the 20' century. In 1956 the shop space was taken over by A.J. McDonald for his optical company. McDonald purchased the building in 1969 and the business remains in the storefront space. This contributing resource is a well-preserved example of the commercial form of the Victorian era Italianate. The resource is locally significant under Criterion C as a well-executed, stylistic,�cpression in the Iowa City downtown. The building is also significant under Criterion A, contributing as,4 does to our understanding of the history of commerce in Iowa City. _ 04. Commercial Building—C* 18-20 S. Clinton Street Mixed �f ca.1874/ca.1944 This resource is a 3-story, 2-bay, brick with stucco finish, commercial building dating to ca.1874. Despite a significant face-lift in ca.1944, the . building remains characterized by two storefronts with a central staircase -4 separating them, flanking firewalls at the roofline by parapets (ca.1874), - and a north-south ridgeline (ca.1874). Through time, the building's storefronts have been occupied by a variety of retail enterprises `- representative of the evolution of the city's downtown commercial trends. Significant among the occupants were Short& Sons, which was located in the north storefront(18) from ca.1925 through the 1950s; the business was one of a handful in the downtown owned and operated by African- __ Americans. With several of the business operators also inhabiting the upper story apartments, the building also demonstrates the connection of commercial enterprises with downtown residential living practices. As a result of major facade modifications, the building is not eligible for registration under Criterion C. However,because the building retains its ca.1874 scale, storefront subdivisions, and roof form, and because much of the current facade dates to more than 50-years of age, the building retains sufficient integrity to be considered a contributing resource under Criterion A in association with the history of commerce. Section 7 page 10 United StaP o1EhENhFEibr2023 AUG 23 5:50 P � CLERK DP DISTRICT CDWge 11 of 97 National Par erwce 1 ational Register of Historic Places Registration orm NIPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 05. The Airliner—C* (a.k.a., Townsend Building) 22 S. Clinton Street Modern Movement ca.1888/1950 Constructed in ca.1888, the resource is a 2-story, commercial building located _ _ T mid-block. The building has been referred to variously as the Townsend Building and Racine's Cigar Store No. 3, but"The Airliner"has been adopted as the historic name because it represents the occupant from the time the facade was altered in the mid-201h century to the present. The building's visual character is derived from its mid-201h century Modern facade,which features an unadorned brick wall plane, broken only by a ribbon window. The mid-2011 century storefront has an off-set, recessed entrance with a large window to the left. T.W. Townsend purchased the property in 1885 and it was likely he who was responsible for the new building constructed there a short time later. In 1930 the storefront was combined with those at 24-26 and occupied by Racine's Cigar Store No. 3.In ca. 1944, the space was taken over by William Banek and operated as the Airliner Restaurant, with the re-facade completed in 1950. The Airliner provides a very good stylistic representation of the impact of Modern architecture on commercial properties. In that regard, the resource is locally significant under CritericT•C. The building is also significant under Criterion A, contributing as it does to our understanding of the Mtory of commerce in Iowa City. As a result, the resource is considered a contributing resource to the hist§gc dist ct. 06. Racine's Cigar Store No. 3—C* � 24-26 S. Clinton Street fTj Italianate - ca.1874 This 2-story, 2-bay, brick commercial building was built in ca.1874. The ground level is divided into two storefronts with a unified visual character created through the use of common design elements and materials. The upper facade retains six,evenly spaced window openings with camber- arched heads;the original,ornate window hoods have been removed. While the historic openings are retained,the windows post-date 2001. The cornice, which is comprised of several corbeled courses of brick in geometric — patterns, existed by the 1880s. Through time,the building's storefronts have - - been occupied by a variety of retail enterprises. Beginning in ca.1909, the north storefront began its long occupation by a smoke shop,the most notable in a string of proprietors being Racine's Cigar Store No. 3,which conducted business there from ca.1922-ca.1943. Due to a loss of historic Integrity, Racine's Cigar Store No. 3 is not eligible for the National Register under Criterion C. However, because the building retains its overall form and scale, historic upper story window openings with original sills, brick cornice, and recent renovations that are more sensitively representative of the historic storefronts,the building retains sufficient historic integrity to be considered a contributing resource under Criterion A in association with the history of commerce. Section 7 page 11 United Step 0Eh€hhrnfhr2023 AUG 23 5:50 PN �CLERK OF DISTRICT COI�e 12 of 97 Nationat Par erviae ational register of Historic Places Registry ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 07. Ewers Men's Store—CX 28 S. Clinton Street Commercial Style ca.1874/ca.1923 - The Ewers Men's Store building is a 3-story, single bay building set near the south end of the block. The building constitutes the north half of a two-bay property likely constructed prior to 1874 (perhaps as early as 1857). A major modification of the building was completed in 1923 when A.M. Ewers & Co.'s moved into the building; the south half of the original building (30 S. Clinton), which remains largely unaltered, provides evidence of the early appearance of the upper story of the Ewers building. The 1923 re-facade replaced upper story Italianate window arrangements with Chicago-style windows.A Neo-Classical style terracotta cornice and the re-facing of the upper facade with glazed brick completed the re-facade. The Chicago-style windows were replaced and the storefront altered in 1981. The original bui]d�'ng (28-30) was constructed by longtime merchant, Moses Bloom. In 1919 Bloom sold the north half of3he original building to Arthur M. Ewers, but the storefront remained occupied by Shiley Variety Store uWil 1923, At that time, Ewers advertised that the building was to be remodeled as A.M. Ewers & Co.-In ca_�1947, KM. Ewers & Co. became known as Ewers Men's Store, which continues to occupy the storefront— - The resource is significant under Criterion C as a moderately well-preserved example'of thq!4_�omtnir6al Style; the 1923 facade reflects the architectural and material trends popular during the early=201h century. Further, the resource is significant under Criterion A in association with the history oLT commerce, specifically in its association with longtime occupant, the Ewers Men's Store. As a result, the resource is considered a contributing resource to the historic district. 08. Bloom-Ries Building—CX 30 S. Clinton Street Italianate ca.1874 The Bloom-Ries Building is a 3-story, single bay building set near the south end of the block. The building constitutes the south half of a 2-bay property likely constructed prior to 1874 (perhaps as early as 1857). The original building (28-30) was built with a storefront in each half and a combination of apartments and office spaces located on the upper floors. Typical of the Italianate style, the upper stories featured tall and narrow windows with heavy, window hoods and a prominent cornice. The Bloom-Ries Building remains largely unaltered despite the 1923 re- facing of the north half of the building. The building was constructed by longtime z merchant, Moses Bloom. When son-in-law Max Mayer joined the business, the firm ` became known as Bloom and Mayer. In 1914 Bloom sold the south half of the original building to John T. Ries, who had operated Ries Iowa Book Store from the south storefront (30) since ca.1909. John T. Ries continued to operate the Iowa Book Store through ca.1952. The Bloom-Ries Building is a well-preserved example of the Italianate style in a commercial building with i the historic, character-defining features retained, albeit altered, in the upper facade. This contributing resource is locally significant under Criterion C as an early and increasingly rare, stylistic expression in the Iowa City downtown. The building is also significant under Criterion A, contributing as it does to our understanding of the history of commerce in Iowa City. Section 7 page 12 United Sta��oEl 9ME&hr 2023 AUG 23 5:50 P�� CLERK OF DISTRICT COLW9e 13 of 97 National Pa @NICE ationaI Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 09. Whetstone Building-C* 32 S. Clinton Street Italianate ca.1868/1874 The Whetstone Building: is a 3-story, brick commercial building consisting of two separate sections merged into a single ownership and business operation by the early 1880s.The corner building was - constructed in ca.1868 and the east building was in place by 1874. The building's upper elevations feature a distinctive bracketed and denticulated cornice with a deep, wood eave. Although windows have been replaced, the original openings are retained complete, with stone sills and segmental arched stone lintels with keystones and corner blocks. The window openings of the 1874 section also have stone sills, with their flat heads ornament witlj�yedimented hoods. The building's contemporary storefronts shale a design approach which retains a sense of scale and design that is both contemporary and sympathetic ti ,the hiltoric- character of the building as a whole. Whetstone Pharmacy, was the longest-lived business bated hn the building. By the early 1890s, John Whetstone was in business at this location,remaining there-or some-30- years. V., The Whetstone Building is a well-preserved, early example of the Italianate style in a commiiial building and as such is considered significant under Criterion C. The building is also significant under Criterion A in association with Iowa City commerce,specifically in its longstanding use as a pharmacy. The resource is a contributing resource to the historic district. 10. Johnson County Savings Bank-NRHP,2017 (Iowa State Bank& Trust) 102 S. Clinton Street Chicago Commercial Style 1913 Johnson County Savings Bank is a 6-story, brick commercial building, the design of which references the influence of the Chicago Commercial Style. The influence of Louis Sullivan via the Chicago Commercial Style is seen in the arrangement of the elevation with a base, shaft, and capital. Classically derived decorative elements are executed in stone and terra cotta including a heavily articulated, stone first level and a deep, bracketed cornice. i t As a National Register listed resource,the Johnson County Savings Bank is a contributing resource in the historic district. 11. Strub Building-NC 114 S. Clinton Street Contemporary ca.1865/ca.2005 The Strub Building is a 2-story, brick commercial building constructed in ca.1865 to house the Strub Department Store. The building has undergone multiple, major facade renovations, the latest dating to Section 7 page 13 United Stap�o�hErh�Rr2D23 AUG 23 5S0 PlaMW"CLERK OF DISTRICT COLWge 14 of 97 National Par Re, 1 aticnal Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State ca.2005. The Strub Building is a poorly preserved example of a late 19th century commercial building with a fagade dating outside the period of ■ ® significance. Because the scale, style, materials, and details of the building do not retain any character related to either the original 19th century building or the mid-20th century renovation, the building is counted a non- contributing resource to the historic district. 12. Hawkeye Barber Shop—C 124 S. Clinton Street Modern Movement 1979 This small, 1-story, concrete block and steel commercial building was under construction in December of 1978 and the business opened in February of 1979. Sandwiched between larger commercial buildings, the Hawkeye Barber Shop is 111 dwarfed by comparison. The building has a mere 13-foot frontage on S. Clinton Street, but stretches east for a 78-foot depth. The building has an unornamented synthetic stucco finish with the entire storefront recessed between the walls of the adjacent buildings. The architect for the building was Hansen Lind Meyer. i The Hawkeye Barber Shop was built as part of the urban renewal program. As such, the building derives significance under Criterion A in that historic association. Notably, the building has retained the same occupant from the time of its construction nearly 50 years ago. The Hawkeye Barber SWj building is considered a contributing resource to the historic district. co t ' 13. Things & Things & Things—C --+ --� 130 S. Clinton Street Modern Movement _ 1970 - r == Things & Things & Things is a 2-story, commercial building built in 1970 as the first of the urban renewal constructions in the downtown. The building's visual character is indicative of its 1970 construction date, particularly in its fully glazed fagade, steel framing, weathered COR-TEN steel cladding, concrete block side walls, and stepped form. The glazed fagade terminates with a corrugated shed roof that slopes back to meet a narrow metal cornice. Urban renewal plans for the Iowa City downtown were ready to proceed by the summer of 1970. The first major construction in the Iowa City urban renewal area was announced as the new $190,000 Things & �-r Things & Things boutique, designed by Iowa City architect, William Nowysz. The business included a greenhouse, delicatessen, children's clothing and books, dinnerware, and men's and women's clothing as well as an assortment of"trinkets" and other items. Things & Things & Things derives significance under Criterion A in association with urban renewal. Further, the building is significant under Criterion C as a well-preserved, architect-designed example of mid-2011 century commercial architecture. As a result, Things & Things & Things is considered a contributing resource. Section 7 page 14 United Stap4 ofihFlihiRibr2023 AUG 23 5:50 P�W CLERK GP DISTRICT CGI �o f 5 a �� National Par ITT! ational Register of Historic Places Registration ❑rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 14. Bill Hill Music Studio—C 132 S. Clinton Street r - Modern Movement 1971 . The Bill Hill Music Studio building is a brick-faced (painted), concrete _ block structure. The building is L-shaped, with its primary entrance facing Clinton Street and secondary entrance at the rear of the building, fronting =r College Street and the pedestrian mall. The primary elevation is dominated by a fully glazed storefront featuring an off set entrance flanked by display windows; the glazed door and display windows are set in chrome or unpainted steel framef indicative of the construction era. The secondary entrance is similarly configured. A mural was painteg on the south elevation sometime after 2001. ; Built in 1971, the building was just the second constructed as part of the Iowa City urbgitir refil�walprogram, which resulted in the loss of dozens of historic buildings and reoriented the historic charac of the icity's Central Business District. As such the building derives significance under Criterion A 4'd that historic association. The building retains a very good level of historic integrity and is indicative R its period of construction. The Bill Hill Music Studio building is considered a contributing resourcedo the historic district. 15. Safeway 2000 Building—NC 210-212 S. Clinton Street Contemporary/Post Modern 2000 This 6-story, brick building was under construction in 1999-2000 following a fire that destroyed the previous building on this site. The building has - commercial space on the first floor and apartments on the upper levels. It is constructed of red brick with a cast stone foundation, beltcourse, and trim. _ Brushed metal work is used for decorative elements, window sash and cornice details. Metal "fins" project along the cornice giving the illusion of brackets. A vaulted roof surmounts the top floor which is set back from the metal cornice edge. As a resource dating to outside the period of significance, the building is counted as a non-contributing resource to the historic district. E. COLLEGE STREET 16. City Plaza—C* (Ped Mall) E. College from S. Clinton to S. Linn and S. Dubuque from E. College to Iowa Avenue _ Urban Renewal Landscape Feature , 1979 The Pedestrian Mall is comprised of three blocks of two,former downtown intersecting roadways converted to a pedestrian - walkway. The Ped Mall was the centerpiece of the City's urban y renewal project,its revitalization designed to bring a centralized --- Section 7 page 15 United Stalp�oEt)911W&2023 AUG 23 5:50 PNft§y � CLERK OF DISTRICT C009ge 16 of 97 National Par ervice 1 ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State gathering space, intimacy of scale, and room for outdoor events to the downtown. The Ped Mall was largely completed by the fall of 1979, with the final vegetative elements added in the spring of 1980. Officially named "City Plaza", Iowa City's pedestrian mall was designed by Jack Leaman of Associated Engineers, Inc., Mason City. The 3-block pedestrian mall was a downtown success almost immediately, operating as planners had intended by serving as a centerpiece for both informal and planned downtown activities. As an outdoor feature with numerous elements that support its function, the Mall is subject to wear by both weather and near-constant use. As a result, features in the Pedestrian Mall have been replaced and/or altered multiple times in the course of its existence - most extensively in 1999 and 2019. Those features include natural vegetation (e.g., trees and plantings), hardscape features (e.g., steps, fountains, and planters), moveable elements (e.g., seating, playground equipment, and kiosks), surfacing, etc. Due to the nature of the feature, such alterations are to be expected. Retention of the primary elements that define the function— namely, no vehicular traffic, no curbs, building to building surface, hard and soft landscape features, and direct relationship with the adjacent commercial buildings — are central to the historic character and those elements remain intact. The Pedestrian Mall was an integral component of the Iowa City urban renewal program, which resulted in the loss of dozens of historic buildings and reoriented the historic character of the city's central business district. Though a common feature of urban renewal projects across the country, the Iowa Q- y Ped Mall represents a rare success of its type. As such the Pedestrian Mall derives significance under GlFiiterion A in that historic association and is considered a contributing resource to the historic district. n - 4 17. Savings and Loan Building— CX �}` w' 103 E. College Street _ Art Deco - 1877/1940 This 3-story,brick and stone building was built in 1877 as an opera house and substantially remodeled in 1940 as a bank and office building. The 1940 facade is finished in buff-colored,brick and Bedford limestone. The first-floor window openings were filled with glass block that has subsequently been replaced with tinted plate glass panels. The College " Street entrance is Art Deco in style, utilizing an elegantly stepped-back surround executed in stone framing a pair of brushed metal doors. "The Savings and Loan Building"is depicted in a Deco font above the entrance doors. The interior was also remodeled in 1940, with an elevator added and the upper floors converted to office spaces. This building is an example of a 191h century building being radically modified. As a result, it derives its architectural significance from the rehabilitation rather than its original construction. Alterations of the storefronts (including loss of glass block) on all elevations and painting of the upper stories' brick, diminish the building's historic integrity. In addition to the significance of its Art Deco stylistic character, the building has long been associated with the financial sector of the city's commercial history. As a result, the Savings and Loan Building is considered a contributing resource to the historic district under both Criteria A and C. Section 7 page 16 United Stap�.oEhFNbFn&r2023 AUG 23 5;50 P��- CLERK OF DISTRICT COLWge 17 of 97 National Par SIm"I'! ational Register of Historic Places Registratjon arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 18. Dooley Block(west bay) —C* 109 E. College Street Late Victorian/Romanesque Revival ca.1874/1929 ' The Dooley Block(west bay) is a 1-bay, 2-story,brick building that was constructed in ca.1874. The building is a remnant of the original, 4-bay building. From 1929, at _ which time the middle two bays of the Dooley Block were razed and replaced by the Sears Roebuck & Co. building, the west bay (109) has been, both functionally and visually, an autonomous property. The east bay of the ca.1874 Dooley Block (115) also remains, providing a bookend to the Sears building. The stylistic character of 11 PA the Dooley Block presents a mixture of the Late Victorian Romanesque and Italianate ' styles. The upper facade is clad in red brick with elaborate, carved wood Roman arches over the single and paired 1/1 double-hung windows. The paneled wood cornice has returning ends and four Iarge brackets with small dentil-like brackets in between. The storefront has a prism-glass transom spanning the full width of the storefront with contemporary plate glass windows extending to grade. The transom treatment,though not original, predates 1940. The building is a well-preserved example of a Late Victorian era commercial building,retaining a generally good level of historic integrity specific to 1929, which marks the year the building became an autonomous resource. Given this, the Dooley Block is significant under Criterion C. The building is alsg significant under Criterion A, contributing as it does to our understanding of the history of commerce in l'ewa City. As a result, this building is a contributing resource to the historic district. o 19. Carson Building—C 110 E. College Street ..1- Chicago Commercial Style ca.1916 f The Carson Building, a 2-story, brick building on a stone foundation, is located on the north side of the Pedestrian Mall. The building has a relatively simple facade, consisting of a brick upper level penetrated by a continuous run of windows. The storefront is a wood construction in a"Irish Pub"character.A well- scaled storefront cornice and signboard completes the contemporary storefront. �• = Through time the ca.1916 Carson Building was occupied by a variety of businesses, beginning with a piano store in 19I8 and soon followed by a bakery. Ili the 1960s, the building served as the College Street entrance for the Alden's Department Store(located on Clinton Street). The Carson Building is a moderately well-preserved early 20t' century commercial building. Although the storefront has been altered from the original (likely multiple times over the course of some 100 years), the upper story retains a fair level of historic integrity, certainly to the degree that we can recognize and appreciate the building as a historic resource contributing to the overall character of the streetscape and the downtown generally. As a result, the Carson Building is considered a contributing resource under Criterion A in its longtime association with the history of Iowa City commerce. Section 7 page 17 United Stap o&0blEfibr2023 AUG 23 5:50 P"ft? CLERK OF DISTRICT COLWge 18 of 97 National Par ervECe ationai Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 20. Commercial Building-NC 112 E. College Street Contemporary ca.1915/2013 This 2-story, commercial building dates to ca.1915. A major renovation in 2013 created a contemporized version of a 20th century commercial building. The 2013 storefront framing is sheathed in wood with molded edges. The west half of the storefront is glazed, with the east half recessed to provide shelter to the entrances. The 2nd story is sheathed in a contemporary,trowel applied monolithic finish. Three windows are evenly located in the upper fagade; they lack applied trim or decorative details. As a result of major alterations that date to outside the period of significance, building is counted as a non-contributing resource to the historic district. ' R5 Cn k 21. Schneider Bros. Furniture Store-C �-t - 114-116 E. College Street y s Chicago Commercial fir- ca.1883/1906 Schneider Brothers Furniture Store is a 2-story, brick building fronting the Ped_1VIall. The building was constructed in ca.1883, with the fagade renovated and a large rear addition constructed in 1906. The building's upper fagade blends classically styled modillions with geometrically formed moldings. The two, upper level window groupings are a version of the Chicago-style window. ' The 2-bay storefront is faced in a golden-colored brick, each with a recessed entrance. The building was occupied by a furniture store, with undertaking services from 1883 through post-World War I; Schneider Bros. being the occupant from ca.1893 through ca.1919. Subsequently, the property was - _ leased to a series of tenants including White's Consolidated Stores and the Kinney Shoe Store. The resource is an example of a late 191h century commercial building that ' was significantly altered in the early 20' century - its current appearance • -•'- -t-:� retaining a good level of integrity specific to that alteration. The 1906 fagade incorporates a mix of stylistic features, all of which illustrate the influence of architectural design coming out of Chicago. The building is a contributing resource to the historic district under both Criteria A and C. 22. Sears, Roebuck& Co. Building-CX _ 111-113 E. College Street Chicago Commercial 1929 Built in 1929, the Sears, Roebuck & Co. building is a 2-story, brick construction. The upper story is organized into three bays, each bay dominated by a Chicago-style window. Terra cotta is used in the stylized } pilasters that frame the bays, and bas relief tiles that provide decorative accents to the basket-weave patterned brickwork. The 3-bay storefront has contemporary infill, with the historic outer storefront piers of brick with terra cotta details retained. Section 7 page 18 United StaP ofing? hFn&r 2023 AUG 23 5:50 P fV2 CLERK OF DISTRJCT CO#dge 19 of 97 National Par erwce! ationaI Register of Historic Places RegiItratonn arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Prior to its construction, the site was occupied by the middle two bays of the 4-bay Dooley Block. The entire property was sold in I 1928 and the parcel was then divided. Sooner thereafter, the two r' center bays of the Dooley Block were razed and, in 1929,the present building was constructed to house the Sears Roebuck & Co. department store(see image at left). - -- As a well-preserved example of the Chicago Commercial style, the • •r Sears, Roebuck & Co. building is significant under Criterion C., alteration of the storefront historically sympathetic and the upper elevation, with its historic, character-defining features intact, well- preserved. The building is also significant under Criterion A, contributing as it does to our understanding of the history of commerce in Iowa City, specifically in association with its original occupant, the Sears & Roebuck Co. The building is counted as a contributing resource to the historic district. 23. Dooley Block(east bay) (52-01088)-CX } 115 E. College Street Late Victorian/Romanesque Revival ca.1895/1929 , The Dooley Block(east bay) is a 1-bay, 2-story,brick building constructed between 1892 and 1899. The building is a remnant of the original,4-bay building.From 1929, (at which time the middle two bays of the Dooley Block were razed and replaced by the Sears Roebuck & Co. building), the east bay (115) has been, both functionally and visually, an autonomous property. The building is a well-preserved example of a Late Victorian era commercial building, with character- defining features retained including the red brick cladding,ornate Italianate cornice,Roman arched window heads, prism glass transom, and storefront cornice details. As a result,the building retains a generally good level of historic integrity specific to 1929, which marks the year the building became an autonomous resource. Given this, the Dooley Block is significant under Criterion C. The building is also significant under Criterion A, contributing as it does to our understanding of the history of commerce4-A Iowa City. The building is counted as a contributing resource to the historic district. 24. Crescent Block-C x � 117-123 E. College Street ` Commercial Style 1894 The Crescent Block is a large-scale, 3-story, dark brown brick building constructed in 1894. The building's four bays originally contained three shop spaces with an entrance to the upper floors in the narrow bay numbered 119. The storefront at 119 was remodeled in the 1930s, today retaining a curved glass display window with bands of black and white T Carrara glass; the 19t" century storefront treatment is retained in the west bay (117). Manley and Milton Moon, along with Iowa City architect Chauncey F. Lovelace, were responsible for the building's 1894 construction. In 1929 a major shift in composition of the storefront tenancy came with the Montgomery Ward and Co. department store located in 121-123; the business remained the anchor retail tenant in the r _ building until the late 1960s. Throughout much of its history, the second Section 7 page 19 United Sta B . oEthWhbFe&r2023 AUG 23 5:50 PIV �CLERK OF DISTRICT COLWge 20 of 97 National Par ernoe ationat Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State floor housed professional offices with the third floor meeting hall first occupied by the Elks Club and later the Knights of Columbus. The Crescent Block is a well-preserved example of a late 19th century commercial building with stylistic influences reflecting the influence of Chicago architecture on Iowa City. Finally, as a mixed-use building, the Crescent Block has long associations with the history of commerce in downtown Iowa City and to the history of local fraternal groups that utilized the third floor hall. As a result of these associations, the Crescent Block is significant under Criterion C and likely under Criterion A as well. The building is counted as a contributing building in the historic district. 25. Commercial Building- C 118-120 E. College Street Romanesque Revival ca.1874/2017 This 2-story, brick commercial building was constructed in the Romanesque Revival style and subsequently altered on multiple occasions. In 2017, a thoughtful rehabilitation returned the Victorian era character to the facade. Although materials were lost to earlier alterations, the - rehabilitation returned a simplified but historically sympathetic cornice, replaced upper story windows with glazing formed to fit the original arched headers, repointed the brick, and reconstructed the storefront. The building was occupied by a variety of retail businesses over time, including in 1874 a grocer,boot and shoe shop, and a restaurant. In the 1940s, JC Penney occupied the building and, by the 1960s, the building was occupied by a single tenant—the Osco Drug Store, which remained at this location until it relocated to the Old Capitol Mall in the early 1980s. This building is a recently rehabilitated example of an early Victorian era commercial building. Although some facade materials are contemporary replacements the rehabilitation returned a good level of design integrity to a building that had previously been dramatically altered. Due to the loss of integrity as it relates to historic materials, significance is limited to the building's historic association; the building is a contributing resource under Criterion A in association with the history of commerce. LJIJ 26. College Block Building—NRHP, 1973 C=) �- 125 E. College Street Italianate 1883 The College Block is a 2-story, brick building consttucted Tn 1883:- The building is significant as the earliest known commercial building designed by Iowa City architect, Chauncey F. Lovelace and stands as the most intact s .. and ornate Victorian era commercial building in the historic district. Threatened by the city's 1970s urban renewal program, the architectural significance of the resource drove local support for its rehabilitation. Listing on the National Register in 1973 was undertaken by the Iowa State Historic Preservation Office for the purpose of supporting its preservation. The College Block is a well-preserved example of a late 19th century, Victorian era, commercial building. The building features an elaborate cornice, second floor window hoods, and historic storefronts. The building was listed on the National Register with significance under Criterion C and as such is counted as a contributing resource in the historic district. Section 7 page 20 United S11 oEhFI1h9&r2023 AUG 23 5:50 R�� CLERK OF DISTRICT Co ge 21 of 97 National Pa ervEce 1 ational Register of Historic Places Registration onn NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 27. Plaza Centre One—C 128 E. College Street Modern Movement 1977 This 5-story,brick office building was constructed in 1977 apart bfthe ' downtown urban renewal process. It is the district's largest urban rein al building, having replacing 8 late 19"' commercial Buildings: The-)_Ia Centre One office building has a steel structural system with coneztete floors and exterior walls clad in dark brown brick.The building's exterior has a distinctive clipped corner facing southeast onto the Pea Mall. The Iowa City office of Hansen Lind Meyer designed the building. Plaza Centre One was constructed as part of the Iowa City urban renewal program, which resulted in the loss of dozens of historic buildings and reoriented the historic character of the city's central business district. As such, the building derives significance under Criterion A while meeting Criterion Consideration G. The building is a contributing resource to the historic district. 28. Iowa City Masonic Temple—C 312 E. College Street Classical Revival 1914 The Masonic Temple is 3-story, freestanding, brick building constructed in 1913-1914. Designed by the Cedar Rapids architectural firm of Charles r A. Dieman and Company in the Classical Revival style, the fraternal building incorporates multiple classically derived elements including a highly symmetrical fagade, a raised podium, an entrance pavilion with stone columns and surmounted by a stone entablature featuring a plain architrave and frieze and a denticulated cornice. The building remains in use by the Masons. The Iowa City Masonic Temple is a good example of an architect-designed, Classical Revival fraternal hall dating from a period of substantial new construction in the downtown. The building is a contributing resource under Criterion C and, under Criterion A, in association with the history of the Masonic Order in Iowa City. 29. Trinity Episcopal Church (52-01096) —NRUP, 1974 320 E. College Street A Gothic Revival 1871/1971 Trinity Episcopal Church a wood frame building in the Gothic Revival style. The execution of the style is exemplified in the church building by the use of board and batten construction technique — establishing the church as the only such example found in Iowa City. The 1971 addition is of similar character. Trinity Episcopal Church derives its significance under Criterion C as a very well-preserved and important, extant example of a common design and building technique of the mid-19th century Midwest. It is also notable for being attributed to a design by Richard Upjohn, a New York architect, who was perhaps the most famous Gothic Revival advocate in the country,specifically of churches. As a National Register listed resource, Trinity Episcopal Church is a contributing resource in the historic district. Section 7 page 21 United 5tap�oftppb��ra23 AUCa3 5:50 P� iV2-CLERK OF DISTRICT CO�ge 22 of 97 National Par ervice ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State S. DUBUQUE STREET 30. Park House-C , 1 S. Dubuque Street Romanesque Revival ca.1867/ca.1879/ca.1899 The Park House is a 2-story, brick building constructed 4 ca.1867.(north half), ca. 1879 (south half), and ca.1899 (rear). In—. 1868=tie Park'House was one of eight hotels in Iowa City. By 1881 the first-flo�rfispace operated as a restaurant and remained so through the end of the century. At the turn of the 20th century, a grocery store, a plumbing contractor;and a merchant tailor occupied the first-floor with the upper story converted to apartments. The Park House is a moderately well-preserved example of a commercial property with stylistic elements representing the Victorian era Romanesque Revival style. The building is important as an early commercial building retained on a major downtown corner. Further, despite alteration of the storefront and upper story windows, the building retains its early form(in place by 1899),the rhythm of window openings across both upper story elevations, and the 2°d story bay window overlooking Iowa Avenue. As a result, the building is a contributing resource to the historic district under Criterion C as well as under Criterion A in association with the history of Iowa City commerce. 31. Market Hall-C 2-4 S. Dubuque Street - - Romanesque Revival/Modern Movement 1873/ca.1947 Market Hall was constructed in 1873 on a site formerly occupied by the first Market Hall, which burned in 1863. The 2-story, brick building has two storefronts facing Dubuque Street with a rear entrance facing Iowa Avenue.The south half (rt.) of the upper facade of Market Hall was altered in ca.1947, resulting in a stylistic separation between the two bays of the building. ` Market Hall represents both its original architectural character and a mid-201 century renovation,illustrating the evolution common to a commercial district. Although the alteration of one-half of the upper fagade creates a level of visual confusion, the resource retains a level of integrity sufficient to be considered a contributing resource to the historic district under Criterion A in association with the history of Iowa City commerce. 32. F.J. Epeneter Building-C (north half) 5 S. Dubuque Street Commercial Style ca.1883/ca.1933 The Epeneter Building was built as a 2-story, 2-bay masonry commercial building constructed in ca.1879 (south half)and ca.1883 (north half). For much of its history, the building functioned as a unit,the configuration of the storefronts and upper story changing through time. It wasn't until ca.1930 that the two halves of the building began to function autonomously. The re-facing of the north half was likely -- -- Section 7 page 22 United St�o&t9kL1eEbr2023 AUG 23 5.50 P� iVZ CLERK OF DISTRICT COI ge 23 of 97 National Par ervice ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State undertaken at that time—a period in which Permastone was a new material thought to provide a relatively quick and easy way to alter an aging facade. The north half of the Epeneter Building remains independent of the south half,with each building under separate ownership. The building represents the evolution of downtown Iowa City commercial buildings over time. The Permastone facade, which has defined its historic character for nearly 90 years, remains in very good condition. Further,the retention of the prism glass transom is notable. All told, the building retains a good level of historic integrity. As a result,the building is considered a contributing resource to the historic district under Criteria A and C. 33. Ham's Hall—C (north two-thirds) 6-8 S. Dubuque Street Art Deco ca.1873/ca.1930 Ham's Hall was constructed in ca.1873 as a 2-story, brick commercial block. At the time of its construction,the building featured a unified facade with three storefronts and an upper story facade that was dominated by nine, tall and narrow windows with rounded heads. By ca.1930, the north two-thirds of the building had been renovated; the upper €agade is a product of that renovation. The storefront was likewise -- remodeled in ca.1930, though it has since been altered. Through the ® years, a variety of businesses occupied the first-floor storefronts, including Deits & Hemmer, flour and feed in the 1870s. An agricultural implement and carriage repository business was located in the upper story in the 1890s and, after the turn of the 20' century, by Majestic Hall. w� Because the facade alteration was undertaken more-than&years-ago, �r it is considered part of the historic fabric and th6-buii&ing's-h;toric E� integrity is evaluated through that lens.The later,acid r&tive"cent change of the storefronts, altered the ca.1930 character,significantly. However, through retention of form and the overall mass of the upper stories, as iiOl a� a+clear representation as a ca.1930 renovation seen in the materials chosen and the asymmetrical:arrangaent of the windows, the building retains sufficient integrity to be considered a contributing resource to the historic district. The building is significant under Criterion A in its association with the history of commerce in downtown Iowa City. 34. F.J. Epeneter Building—C (south half) 7 S. Dubuque Street Italianate ca.1874 The Epeneter Building was built as a 2-story, 2-bay, masonry building in ca.1874 (south half) and ca.1883 (north half). For the first several decades of its history, the building functioned as a unit; it wasn't until ca.1930 that the two halves of the building began to function autonomously. The Epeneter Building is representative of a post-Civil War shift away from the predominance of saloons and billiards halls - in this block. After 1926 Joseph Rinella operated a produce business in the shop space in the north half of the building,while residing above.His son Joseph,Jr. continued to operate a pool hall in the south storefront, Section 7 page 23 United Stala�obit 6ka��r2023 AUG 23 5:50 R"�CLERK OF DISTRICT COL ge 24 of 97 Nationale Par ServEoe 1 ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State while living with his wife in the apartment above the pool hall. "Catherine's" has been in the storefront since 1969. The building represents the evolution of downtown Iowa City commercial buildings over time. Although the building is now representative of the original appearance, the materials themselves are largely representative of a 1999 rehabilitation. However, due to retention of historic form and an historically sympathetic storefront, the building retains sufficient integrity to be considered a contributing resource to the historic district under Criterion A in association with the history of Iowa City commerce. 35. Patterson Block—C (north half of north half) 9 S. Dubuque Street Renaissance Revival 1879/1899/1982 This 2-story commercial building represents the north bay of the original four-bay Patterson Block(see image below), which extended from 9-15 S. Dubuque Streets. The ti north bays (9 and 11) were in place by 1879; today, 9 and 11 have separate property owners and, as such,are considered separate properties. A major fire in December, 1982 resulted in damage requiring the demolition of the south two bays of the Patterson Block. The north bay of the Patterson Block has plain brick VL framing piers with a projecting metal cornice of simple molding and dentil bands. 71 A pair of recessed doors accesses the interior staircase to the upper level, and the ground level storefront. The name "Patterson" survives in the floor tile at the �� • III entrances. The storefront was occupied by a wide variety of businesses, ranging �k 1i from a boot and shoe shop to a restaurant; some of the business owneruesided in the apartment above their storefront. r Although this building represents only one-quarter of the originalPattaon Blbik, it survives as a relatively well-preserved example of the-gate VVietorian_Ora £s - Renaissance Revival in a commercial building—a type that is rare in tki Iowa City downtown. The fact that half of the block was destroyed by fire-'and ftt the a#her extant bay is more altered, increases the importance of this surviving section of the original J�ilding jhe building is significant under Criterion A in association with the history of Iowa City co-mmeiVe and under Criterion C as an example of the Late Victorian Renaissance in a commercial building. The,:building is a contributing resource to the downtown historic district. 36. Ham's Hall— C (south one-third) 10 S. Dubuque Street Romanesque Revival w �� �••, ca.I 873/ca.1925 1' Ham's Hall was built in ca.1873 as a 2-story, brick commercial block. When constructed, the building featured a unified facade with three storefronts and an upper story facade that was dominated by nine, tall and narrow windows with rounded heads. Today, the building facade reflects the visual and functional separation of the south bay from the north two bays in ca.1930.The storefront began its longtime function as a restaurant in the late 1920s, with the Hawk's Nest located there from 1928-1934, Munn's Grill (1935-1937), and the D. & L. Grill and Spanish Room(1938-1952). Section 7 page 24 United Stap�oEhFIlhi&Ur2023 AUG 2�3 5:50 P"ftft � CLERK OF DISTRICT COI.PP g' 25 Of 97 National Par IM"'1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Although a remnant of the ca.1873 Ham's Hall, the building has functioned independent 4 the original building since ca.1925. Significantly, the south bay remains representative of the original �rtdlding, with character-defining features intact.Through retention of the original form and the Late Victoria era eloents of the upper facade, the building is considered a contributing resource to the historic-districi, significant under Criterion A in its historic association with the history of commerce in downtown Jowl amity arid—tinder Criterion C as a reasonably well-preserved representative of one of district's earliest commeLpjal bpff ngs. 37. Patterson Block—C (south half of north half) 11 S. Dubuque Street Romanesque Revival 1879/1899/1982 This 2-story commercial building represents the south half of the north section of the - original 4-bay Patterson Block that extended from 9-15 S. Dubuque Street. The bay is characterized by the three windows on the upper level that are divided by plain , brick pilasters set beneath a series of adjoiining, semi-circular metal window hoods. Although occupied by a variety of businesses through its history, the storefront was most typically occupied by a restaurant. - r■i This bay of the original Patterson Block has been significantly altered from the original, to a degree which limits its contribution to architectural history of the Iowa City downtown. Retention of historic form, traditional commercial facade organization, original window openings in upper facade with arched form discernable, and a reasonably sympathetic, non-historic storefront convey a solid understanding of the historic building and sufficient integrity to be considered a contributing resource to the historic district, significant under Criterion A in association with the history of Iowa City commerce. 38. Commercial Building—C 12 S. Dubuque Street Italianate ca.1870 The commercial building at 12 S. Dubuque Street is a 2-story, brick building (at right) located in a contiguous line of commercial buildings of similar form and construction eras. Today,the storefront is the middle bay of a 3-bay configuraliun occupied by the Sports Column bar. 12 S. Dubuque Street retains a sense of individual character through the articulation of the upper facade, which features three window openings - located regularly across the wall plane and corbeled cornice. The history of the storefront indicates a longtime use as a grocery (J.J. Lorack and Heck's Grocery) and, after 1910, a bakery — Barry's Bakery through ca.1936. In 1946 Old Mill Ice Cream opened at this address, remaining there for a decade. By 1960 Joe Rossie's Cafd occupied the building, remaining there through 1966. Due to the historic rehabilitation of the upper story, the building retains a good level of historic integrity, despite the recent alteration of the storefront and replacement of the upper story windows. Through retention of the original form and the Victorian era elements of the upper facade (namely, the window openings and corbelled cornice), the building is considered a contributing resource to the historic district. The resource is significant under Criterion A in its historic association with the history of commerce in downtown Iowa City. Section 7 page 25 United Step oEhS1h(E&r2023 AUG 23 5:50 RK" CLERK OF DISTRICT CCIPffgQ 26 Of 97 National Pationat Register of Historic Places Registration o r er , 1 a rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 39. Prairie Lights Book Store—NC 13-15 S. Dubuque Street Contemporary ■ ■ 1983/1993 The Prairie Lights Book is a 2-story, masonry commercial building constructed following a fire that occurred in December of 1982. That fire destroyed the two, south bays of the original,4-bay Patterson Block,which historically extended from 9-15 S. Dubuque Street. The north half of the _ building (9-11) remains today, with each bay of the remaining building functioning'autor�ously. This building is an example of a late 20th century commercial building built in a contemporarp,style With a reference to Prairie School design.Due to the building's relatively recent constructiork_i_1 is.counted q&a.non- contributing resource to the historic district. 40. Mueller Block—NC 14 S. Dubuque Street Contemporary 1909/ca.1970 S The building at 14 S. Dubuque Street is located at the end of a contiguous line of commercial properties of a similar scale and construction date. The building is ' located mid-block, with its secondary elevation (south) facing the alley. The 2- story brick building bears little resemblance to its 1909 appearance or to a fagade ;. replacement undertaken in ca.1970. This mid-block, alley adjacent, commercial building is an example of an extensively reconstructed fagade based on a contemporary design. The building is a non-contributing resource to the historic district. 41. J.J. Stach Saloon—C 17 S. Dubuque Street Romanesque Revival - ca.1876 _ This 2-storycommercial building represents the north one- third of an original 3-bay building that extended from 17- =� 21 S. Dubuque Street. The J.J. Stach Saloon (at right) has a Late Victorian era Romanesque Revival style design with a continuous metal cornice connecting the 3-bay building. y The building was occupied by a variety of retail uses beginning with J.J. Stach operating a saloon and then a 1• - boots and shoes business from this storefront; the shift away from the saloon reflected the shift away from saloon-keeping on this block of the downtown. The Stach family's shoe store continued from this location into the years after World War I,with the family retaining ownership of the building through World War H. The upper level was leased as office space for a number of doctors at one time. Although visually and functionally autonomous from the adjacent building to which it has a shared history, the building remains an important component to that building — either building would be significantly impacted by the loss of the other. Further, the J.J. Stach Saloon building retains many of the historic, Section 7 page 26 United S, o1HhE 5LFeUr2023 AUG 23 5:50 P"fto f-CLERK OF DISTRICT CQ�ge 27 of 97 National Pa er1ice 1 ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County_, Iowa Name of Property County and State character-defining features of the upper story including the unusual and elegantly composed cornice —the monochromatic paint scheme diminishes but does not erase its beauty. With these considerations in mind, the building is counted as a contributing resource to the historic district, significant under Criterion A in association with the history of Iowa City commerce and under Criterion C. 42. Scanlon Saloon/Maresh & Holubar Tin Shop—C 19-21 S. Dubuque Street _ Romanesque Revival ca.1874/ca.1875 This 2-story commercial building represents the south and center thirds of the original 3-bay building that extended from 17-21 S. Dubuque Street. The Romanesque Revival upper facade features a continuous metal cornice connecting the three bays, red brick walls, and semi- �. circular arched windows.Both storefronts are modified from the original. Several retail businesses occupied the south bay (21) overtime, beginning with Maresh and Holubar, stove and tinware in 1879. For many years,the space was occupied by Reich's Chocolate Shop and Cafe, which was established ir_�a.1901 as a candy kitchen and ice cream parlor before shifting to focus to food service and soda founta@ The center bay (19) of the building was occupied by the Scanlon Saloon in 1876. A drug store occupd the center storefront for much of the 201h century. —, Despite the loss of historic windows and alteration of the storefronts, the building remains an iroportant example of an early commercial building expressive of Late Victorian era commercial desiger.:The bm'Iy ding is a contributing resource to the historic district,significant under Criterion A in association nth the-history of Iowa City commerce and under Criterion C in association with its period of construction, nd design. 43. Commercial Building—NC 23 S. Dubuque Street Contemporary ca.1879/ca.1970 ` This 2-story commercial building pre-dates 1879 when a building first appeared on . the fire insurance map for that year; an 1893 historic image documents its 19th ccntury appearance. Today, the building is an example of an extensively reconstructed facade based on a contemporary design. Due to the quality of design character, the building has not since the time it was renovated, contributed to the historic character of the downtown. The building is a non-contributing resource to the historic district. 44. Jefferson Cafeteria—C 109 S. Dubuque Street Commercial Style ca.1915 The Jefferson Cafeteria is a 1-story,brick,commercial building located on ; the pedestrian mall. The building features a simple, commercial front with decorative devices limited to a brickwork cornice and cast stone parapet _ coping. A 1-story, narrow glazed infill extends from the building's north storefront pier to the south wall of the adjacent Hotel Jefferson. The - Jefferson Cafeteria building was constructed foIIowing the 1912 fire that destroyed the 1860 Metropolitan Section 7 page 27 United Stap o]Ehg ILGObr 2023 AUG 23 5*50 Pftfflfl�- CLERK QF DISTRICT C0Wge 28 of gi National Par cnnce 1 ational Register of Historic Places Registration ❑rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Block and led to the 1913 construction of the Hotel Jefferson. The building remained occupied by food service businesses through the 1920s, after which time a series of retail businesses located there. A recent, historic rehabilitation revealed previously camouflaged fagade details and minimized the visual distraction of the glazed link to the adjacent building. As a result, the Jefferson Cafeteria is considered a contributing resource to the historic district. The building is significant under Criterion A in association with the history of commerce in the Iowa City downtown and under Criterion C as an example of small-scale commercial property. 45. Commercial Building—C* - 111 S. Dubuque Street Early Classical Revival ca.1860 x This 3-story, brick commercial building was constructed in ca.1860, its character representing the Early Classical Revival (see right). The upper levels originally had three evenly spaced window openings with stone sills and lintels and 6/6 double-hung sash; the center openings have been bricked shut. The pressed metal cornice has four large brackets with . pendants and a narrow frieze with a dentil-like detailing between each _ bracket. The storefront is a 21 st century renovation that is historically sympathetic in proportions, composition, and materials. A range of - businesses occupied the building overtime, with the upper story housing professional offices and a cigar factory. By 1909 the first floor was operated as the Dreamland Theatre, followed briefly by the American Theatre, and then the Iowa Candy Kitchen. Regular turn-over continued through 1944 wherr,�_-he property came under the ownership of the Koza family, which had owned the adjacent property`: since lO 11. This building is a moderately well-preserved example of a commercial block dating to the midi—��9t"ceriiury; after the adjacent Franklin Printing House, the building is the oldest in the historic district. T&building is considered a contributing resource in the historic district, significant under Criteria-A, and C. Adoltional investigation of the interior may indicate that the loss of exterior integrity is balanced 6y ietenFibn ofinti rior features, early construction date, and/or significant historical association. == ' 46. Franklin Printing House—NRHP, 1986 115 S. Dubuque Street Early Classical Revival 1856 The Franklin Printing House is a 3-story, brick commercial building. The building , was constructed in 1856 to house the Iowa Capitol Report during the city's brief reign as the state capital. The building is significant as the earliest commercial building - built for newspaper work and associated with a notable early newspaper in Iowa City. It is the oldest remaining building in the Iowa City Downtown Historic District. r - ' The resource derives its significance under Criterion A in association with the history of journalism in Iowa City and under Criterion C as a well-preserved and rare (and earliest) example of a pre-Civil War building in the Iowa City downtown. The Franklin Printing House is counted as a contributing resource in the historic district. Section 7 page 28 United 5ta��o1Rh9pla�&r2023 AUG 23 5:50 PII��-CLERK OF DISTRICT COL�rge 29 of 97 National Par ervice ationai Register of Historic Paces Registra ion arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 47. Commercial Building—C* 118 S. Dubuque Street Late Victorian— Second Empire ca.1881/ca.1890 - , . This resource is a moderately well-preserved example of a Late Victorian commercial building form that was once common in downtown Iowa City — the Second Empire or Mansard style. Today this building is the only remaining example. The building was constructed sometime _ between 1879 and 1883 with the third floor (with its mansard roof and pitched-roof dormers) added in the following decade. An historic rehabilitation completed in the 1980s included the reinstallation of a cornice between the mansard roof plane and the brick fagade, construction of an historically sympathetic storefront, and removal of non-historic paint from the brick walls. A hardware store occupied the building in 1883,remaining in the building for some 40-years. In 1924 a shop specializing in roasting and blending coffee opened, later expanding to sell peanuts,,popcorn, and candy. In 1940 the upper floors were converted for use as the "Piper Apartments". Despite the fact that the fagade alterations represent a non-historic alteration (the -mate%ds appear to represent a nearly wholesale replacement of the historic), the building is without-4u6stivn a significant historic resource representative of a vanishing architectural type in the Iowa City downtovA. Further, the building has been associated with the history of Iowa City's downtown commerce since it onstr'u6pon in ca.1881. The building is a contributing resource to the historic district under Criterion A. �= 48. Iowa Theater—C 124 S. Dubuque Street Art Deco 1936 This building is an example of a small theater constructed as a movie house during y + • the late 1930s; the Iowa Theater opened in November of 1936. Designed with a contemporary look at the time it was built, the fagade had a brick front with tall vertical windows set in the center of the upper level with corbeled brick dividers between and a wedge-shaped theater marquee with two sets of plate glass double doors beneath it. After closing in the early 1980s, a major rehabilitation of the building was completed with more recent renovation accounting for the current character. The Iowa Theater building is an example of an architectural style developed for a specific type of building, the modern cinema. Loss of the theater's marquee and changes in the front fagade for conversion to a new use has significantly diminished the building's historic integrity. However, the building retains its historic form without addition and, most significantly, the angled brickwork that works its way across the fagade to rise above the height of the parapet creating a sort of lance form. Further, the Iowa Theatre building is the only remaining representative of a modern cinema in the Iowa City downtown. As a result of these various considerations, the Iowa Theatre is considered a contributing resource to the historic district, significant under Criterion A in association with the history of commerce. Section 7 page 29 United StaFp�❑EihEllhEEbr2023 AUG 23 5:50 P"Nft CLERK OF DISTRICT COLWge 30 Of 97 National Par IT111! atianaI Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District F Johnson County, Iowa Name of Property L,s County and State 49. oliday Inn—NC 220I . Dubuque Street Modern Movement 1984 The Holiday Inn is a 9-story hotel building visually defined by its pre-cast concrete construction, asymmetrical massing, and ribbon windows. Placed in service in 1984, the Holiday Inn was constructed during the final stage of the c Iowa City urban renewal program. As such, the building is significant in that — historic association. However, the district's period of significance ends with = Ik the completion of the City Plaza (Ped Mall) in 1979, leaving the Holiday Inn outside the period of significance and therefore counted as a non-contributing resource to the district. E. IOWA AVENUE 50. Bushnagel Building—Cr ti 113-115 E. Iowa Avenue Romanesque Revival ca.1875 The Bushnagel Building, a 2-story brick, 2-bay commercial building is the oldest remaining building in this block of Iowa Avenue. Although camouflaged by a coat of flat black paint, the upper facade retains design elements indicative of the Italianate style including a pressed metal cornice . - - and semi-circular arched window openings with brick, window hoods. The building was occupied by A. Bushnagle confectionery from its construction through the early 1880s. Later, the two storefronts housed a variety of businesses including a restaurant, a saloon, and printing company. The upper story was, in the early 201'' century, occupied by a cigar factory. Despite storefront alterations, replacement windows, and the diminished impact of historic details due to the use of a dark monochromatic paint, the Bushnagel Building retains sufficient historic integrity to be considered a contributing resource to the historic district under Criterion A in association with the history of commerce. 51. Studio Tea Shop—C 117 E. Iowa Avenue Commercial Style ca.1922 This 1-story, brick building was constructed in ca.1922. The mid-block commercial building is an example of a small vernacular commercial building with decorative elements limited to the upper section of the front facade where a simple geometric design is inset in the brickwork. The storefront has been remodeled. In 1922 the occupant was the Studio Tea Shop and, in 1935 was purchased by Joseph and Harry Bremer, downtown property owners and operators of a men's clothing store. After that time, the building was occupied by a variety of retail businesses. The Studio Tea Shop building retains sufficient historic integrity to be considered a contributing resource to the historic district under Criterion A in association with the history of Iowa City commerce. Section 7 page 30 united Stap�oeh9kb1E br2023 AUG 23 5:50 P"U ft CLERK OF DISTRICT COLWge 31 of 97 NalionaI Par ,111 , ati0naI Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 52. Commercial Building—NC 119 E. Iowa Avenue Contemporary 2004 This 1-story building was built in 2004 on a parcel l iat was occupied by a diminutive, I-story concrete block building which, in the 1930s and 1940s, housed the Hamburg Inn (first location). The building is a reinforced concrete structure faced in a red brick.Although the function of the building is interconnected with that adjoined on the west (Joe's Place), the facade remains visually autonomous. Its facade design, while contemporary in execution, utilizes historic precedents that result in a visual character sympathetic to the historic streetscape. Dating to outside the period of significance, the building is a non-contributing resource to the historic district. 53. Brunswick Hall—C 121-123 E. Iowa Avenue Mixed/Commercial ca.1890/1946/1974 When constructed, this building was strongly Victorian in design character. The building facade was substantially altered in 1946, with the cornice removed and the facade re-faced in brick. Additional alterations were made in 1974 to accommodate a new tenant, the Burger Palace. The building was occupied by a billiards hall, a bowling alley, and a barbershop for many years with a physicians' supply house and a dental supplier located on the upper story.After World War 1,the first floor became the Athens Print Shop, later the Athens Press, and remained so for 20 years. In 1947 the building was sold triggering the re-facade that forms the basis of the exterior character today. The building's facade has been substantially modified. However, because the initial,and most significant loss of original character-defining features, occurred more than 50 years ago and because, relevant to the post-1946 appearance, the building retains the original form, historic delineation of storefront and facade, and rhythm of upper story windows, the building retains sufficient integrity to be considered a contributing resource to the historic district under Criterion A. 54. C.O.D. Steam Laundry—C 211 E. Iowa Avenue Italianate ca.I 895/c.1960 The C.O.D. Steam Laundry building was constructed in ca.1895 with a laundry operated from the first floor and the upper story leased to the Iowa City Public 1 Library from ca.1897 through ca.1903. As originally Constructed, this 2-story, freestanding brick building had a late Victorian design with an ornate, pressed metal cornice (see image below). Today, the facade reflects mid-2011 century renovations that removed the most ornate of the Victorian details and reconfigured the storefront. Section 7 page 31 United Stap�o1.hEllk�Qbr2023 AUG 23 5:50 PN�� CLERK OF DISTRICT COLWge 32 of 97 National Par ervice 1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District -p _ 1 %�- ' ! Johnson County, Iowa Name of Property County and State ?3?3 OC i 13 F ;1 11 2 Although much altered from,-the original, the C.O.D. Steam Laundry building reflects fagade alterations =that ,now„date to more that 50-years. Further, the building retains its historic,freestanding form without additions and the character- defining fenestration of the upper story. Further, the building has a significant association with the history of commerce in the Iowa City downtown, specifically y as a representative of a laundry business,which rose along Iowa Avenue to service _ the university staff and students. The building has a raised degree of importance due to the increasing rarity of historic buildings on this block of Iowa Avenue. As a result, the C.O.D. Steam Laundry is considered a contributing resource to the historic district, significant under Criterion A in association with the history of Iowa City commerce. 55. Reardon Hotel-C 213 E. Iowa Avenue Italianate ca.1900/1932 This 2-story brick building was built in ca.1900 as a single-family dwelling and converted for use as the Reardon Hotel in 1926.The building fagade,with entrance on the left, glazing on the right, and a bracketed cornice, reflects the arrangement _ of elements dating to the 1932 expansion and renovation of the original residence. After purchasing the residence in 1926, William and Minnie Reardon undertook a series of alterations that, in addition to the 1932 fagade addition, included a clay block addition on the rear, hotel rooms and baths. The hotel operated until the late 1960s and was subsequently converted to eight small apartments and a single retail space. It remains so configured today. The Reardon Hotel is considered a contributing resource to the historic district. The building is significant under Criterion A as a well-preserved and rare functional type representing the transformation of a ca.1900 single-family residence to a small hotel. In its current form, the building exterior appears much as it did when remodeled in 1932 and, as a result, is considered a contributing resource under Criterion C. 56. Capitol Square Condominiums-NC 219 E. Iowa Avenue Contemporary 2001 Capitol Square Condominiums is a 4-story, concrete structure faced in brick and stone. The building was built in 2001 on the site of the 1970s First Christian Church - that church building having replaced the 19th century Christian Church. Unlike most of the central business district, which is characterized by contiguously arranged commercial buildings,this block of Iowa Avenue was historically (and remains today) populated by freestanding buildings. Today the streetscape is much altered from its early character, with three of the five buildings constructed in the last 20 years. The character is also impacted by the scale and height of both the Capitol Square Condominiums and the Vogel House, which is located on the east end of the block. Dating to outside the period of significance, the building is a non-contributing resource to the historic district. Section 7 page 32 United Step oEhbllb1eAr2023 AUG 23 5:50 P� [+ CLERK of 01STRICT COLWge 33 Of 97 National par ervEce ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 57. Bruegger's Bagel—NC 225 E. Iowa Avenue 1 ;+1 `vr, 3 ; ; ; P Contemporary 2013 l The Bruegger's Bagel building was built in 2013 on the site of the ca.1909 People's Steam Laundry Building, which was destroyed by fire in late September 2011. The building is a 2-story, reinforced and concrete block structure faced in dark brown brick. Small in scale relative to the other recent constructions on this block, the building exhibits a stylistic character reminiscent of early 20th century commercial buildings — the scale, rectangular form, flat roof, and cornice all contribute to that character. Unlike most of the historic district, which is characterized by contiguously arranged commercial buildings, this block of Iowa Avenue was historically (and remains today) populated by freestanding buildings. Dating to outside the period of significance, the building is a non-contributing resource to the historic district. 58. Vogel House—NC 229 E. Iowa Avenue Contemporary 2001 5 The Vogel House (condominiums) was constructed in 2001 on the site of an 1898 residence of the same name. The building is a 7-story, reinforced and concrete block building with a dark brick veneer.The building facade is characterized by the expansive use of glass over a skeletal steel structure. The juxtaposition against the dark brick - vertical mass combines with an angular roofline to create a dramatic form on the 4 ' primary elevation. The building has retail space on the ground level, the entrance to which fronts E. Iowa Avenue. Dating to outside the period of significance,the building is a non-contributing resource to the historic district. ' �A S. LINN STREET 59. 7 South Linn—NC 7 S. Linn Street Contemporary 2019 ' 7 South Linn is a 7-story, steel panel clad apartment building constructed in 2019 on the site of the last 19" century residence in Iowa City's downtown commercial area. A fire, which significantly damaged the historic residence, resulted in its ' demolition and led to construction of the present high-rise. The building is a non- contributing resource in the historic district. Section 7 page 33 United 5ta��oEthFth]Mr2023 AUG 23 5:50 P" " CLERK OF DISTRICT COtdge 34 Of 97 National Par erv3ce! ationaI Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 60. Hohenschuh Mortuary—CX r 13-15 S. Linn Street tD21 1 i 13 i' 2 Georgian Revival } 1917 ` The Hohenschuh Mortuary is a 2-story, brick building constructed in 1917. The building is comprised of two primary sections: the public space is identified on the exterior by the fully articulated facade, which faces S. Linn Street on the east; the non-public space extends west from the main building and its identified by a flat roof and lack of ornamentation. ~ The building is a relatively well-preserved example of the Georgian Revival architectural style. It is associated with the business career of William P. Hohenschuh, operator of a local mortuary and a statewide leader in the mortuary business. Hohenschuh's funeral parlor business had operated in conjunction with a furniture store previous to the construction of this new building. The 1917 building had a private family parlor and a"trimming and embalming room" with the second floor used for a stock room,three"show rooms" and bedrooms for people who wished"to stay with their dead."A garage at the rear of the main building housed the mortuary ambulance and truck. The building is an important and unusual example of the Georgian Revival style in the Iowa City downtown and it has a long association with the history of commerce in the downtown. As a result, Hohenschuh Mortuary is a contributing resource to the historic district, significant under Criteria A and C. 61. Old Post Office—NRHP, 1977 28 S. Linn Street Beaux Arts 1904/1931 � The former Post Office was constructed in 1904 and expanded to the present size in 1931. The building is a concrete and steel frame structure clad in Indiana limestone. The building is designed in the classically derived Beaux Arts style with a raised foundation; seven by five bay elevations; corner quoining; symmetrical elevations; large, Roman- arches of first floor openings with keyed headers; a deep belt-course, and a balustraded parapet wall. The Post Office was listed on the National Register in 1977, significant under Criterion C. As a National Register resource, the Post Office is a contributing resource to the historic district. 62. J.A. O'Leary Velie Co. Garage/Iowa Apartment Building—C #- 104-116 S. Linn Street �- Commercial Style 1919/1924 1 i When constructed in 1919, this quarter-block building was a 1-story brick building on a reinforced concrete foundation. The building was constructed to house an auto showroom on the north end with a 40-car garage in the center and a repair shop on the south end along the alley. In 1924 all but the south section of the ground floor was converted to retail shops and a low-pitched hipped roof, 2-story addition with a U- shaped plan was added above (historic rendering below). The stucco-clad floors contained 32 apartments. Section 7 page 34 United Step otVEhhtre�r2023 AUG 23 5:50 P �•CLERIC OF DISTRICT COLWge 35 of 97 National Parv'ce ational Register of Historic Places Registration o r e rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District +, Johnson County, Iowa Name of Property Y^ - County and State This building is an example of an early 20"'94 bui di ng arm —R......r..�,,,�.,. —the automobile garage—that was later expanded to include two floors of apartments in response to the growing need foz downtown housing between the World Wars. The 'I990s installation of synthetic stucco and new windows has diminished its historic integrity, but the building retains a sufficient level of ]I rA N historic integrity specific to its period of significance and bears a - demonstrable association with the history of commerce related to _ both the automobile era and downtown housing. The O'Leary - - Velie Garage and Iowa Apartment Building is a contributing resource to the historic district, significant under Criteria A and C. 63. Meardon Building—C 122 S. Linn Street Modern Movement 1977 The Meardon Building is a freestanding, 1-story brick office building built in 1977. The building's visual character is presentative of its construction era and of the skill of the architects (Brooks, Borg & Skiles of Des Moines) that designed it. Generally restrained in character, the building relies on the juxtaposition of reiterated arched forms against the simple rectangular box, a low and elongated form, and elegant details. Built in 1977, the Meardon Building is associated with the Iowa City urban renewal program. As such the building derives significance under Criterion A in that historic association. Its location at the end of the pedestrian mall - --- - the "centerpiece" of the City's urban renewal program — underscores that historic association.Further,the building is considered significant under Criterion C as a well-preserved example of mid-20th century commercial architecture, which departed from the historic precedents that typify I9'h and 20th century downtowns of Iowa. As a work of the architectural firm of Brooks, Borg& Skiles,the building has additional significance under Criterion C. The Meardon Building is a contributing resource to the historic district. 64. Iowa City Public Library—NC 123 S. Linn Street Contemporary 2004 The present Iowa City Public Library represents the 2004,major renovation of and addition to an existing,urban renewal era public library.The building continues to occupy a prominent corner site, with its fagade facing S. Linn Street and its secondary elevation (south) fronting the Pedestrian Mall on E. College Street (2017). Generally, the building is rectangular in form with a flat roof, its exterior is clad in a combination of limestone blocks and brick with the placement of the cladding used to identify interior functional separation and visual primacy. Windows are predominantly large-scale and gridded,with glazing set in steel frames. Due to the scale of alteration,the building is considered a new construction and is counted a non-contributing resource to the historic district. Section 7 page 35 United 5tap�oE>gE1h�Qr2n23 AUG 23 5:50 PIaM�-CLERK OF DISTRICT COLW9e 36 of 97 National Par erwce ationa}Register of Historic Places Registea ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property - n County and State 65. Plaza Towers/Hotel Vetro—NC 201 S. Linn Street 13 Contemporary 2004 Plaza Towers was built in 2004 on a parcel at the east end of the Ped Mall that had been a parking lot for many years. The building's construction created some local debate due to its scale and contemporary architecture. The building has since won important awards that recognize it as an innovative approach to property use — the building combines condominiums, a hotel, professional offices, a health and wellness business, a restaurant, and a grocery store. In most aspects it has ultimately been accepted as a positive contributor to the downtown, though opinions about its impact on the historic downtown remain divided. Dating to outside the period of significance, the building is a non-contributing resource to the historic district. 66. Iowa City (Carnegie) Public Library—C* 218 S. Linn Street Classical Revival 1903 M This 2-story public library building was built in 1903-04 utilizing funds provided by Andrew Carnegie. Its design incorporates both W�-� Classical Revival design features and Beaux-Arts elements. The library was designed by the Des Moines architectural firm of Liebbe, Nourse & Rasmussen, a firm without experience in designing public libraries at the time they accepted this commission. The Carnegie Public Library was vacated in 1981 when its replacement was completed. The building is a well-executed example of a Classical Revival style public library building. It was one of a series of quasi-public or civic buildings constructed along S. Linn Street in the decades immediately preceding and following the turn-of-the 20th century. Despite modifications to the entrance and the renovation of the interior for conversion to housing,the Carnegie Library retains sufficient historic integrity to be counted a contributing resource to the historic district under Criteria A& C. E. WASHINGTON STREET t 67. Hands Jewelry Building—C* 109 E. Washington Street Modern Movement ca.1868/1968 This 2-story, brick commercial building was likely constructed by 1868 when a jeweler was first listed in city directories at this address. Multiple alterations of the _ building and its fagade occurred over the ensuing 150 years, the most recent dating r to 1968. In May of that year, Hands Jewelry undertook the renovation of its store, which resulted in expanded retail selling space through utilization of the second floor and the basement. The first floor became dedicated to jewelry, the second to china, glassware, and silver, and the basement to repair and manufacturing work Section 7 page 36 United Stap� o€thW1lhiE&r2023 AUG 23 5:50 P��� CLt;RK QF C}ISTRICT COLWge 37 of 97 National Par ervFee 1 ationai Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District i , Johnson County, Iowa Name of Property County and State with an elevator connecting the three stories. The primary interior feature was a second-floor balcony overlooking the entrance, which is marked on IW�JiapvQ 3y 6 11 rldx6f 2-story, glazed arches. The project architect was the Iowa City firm of Hansen Lind Meyer. Although completely altered from the 1868 original,.the 19d8 Hands Jewelry Store is a well-preserved - example of an architect-designed, commercial building representative of mid-201h century Modern architecture. The building is a contributing resource to the historic district. Hands' Jewelry Store is significant under Criterion A in association with the history of Iowa City commerce. The building is particularly significant for the 109 year association with the Hands family of jewelers—a remarkable and rare feat in any community. Further, the building is significant under Criterion C as an example of Mid- century Modern commercial architecture. 68. Western Union Building—NC 110 E. Washington Street Classical Revival Mond 1930 1 = The Western Union building, constructed in 1930 is a simplified example of ■ Classical Revival style design that is found in a handful of downtown buildings n ■ constructed just before and shortly after World War 1. In 1991 the fagade was _ modified to create a 2-story commercial space for the jewelry store occupying the building. The metal cornice was retained along with the pressed brick walls and geometric designs of brick and stone displayed on the building front. The balance of the front was substantially modified with addition of a recessed 2- story window extending from the entrance way to the top of the flat brick arch of the original upper level window group. Though attractive, the changes significantly diminish the historic integrity. Although the renovation retained the historic form and character-defining details in the upper wall plan, the design removed the historic delineation of storefront and upper story,fully glazing the opening create by removal of the historic storefront cornice and transom. As a result, the building lacks sufficient historic integrity to be considered a contributing resource to the historic district and is thereby counted as non-contributing. 69. Sunier Music & Jewelry Store—C 112 E. Washington Street - Classical Revival ca.1900/1929 This 2-story, brick commercial building was constructed in ca.1900 and remodeled in 1929. Beginning with its construction, the business focus of the occupant Sunier & Son evolved to include the sale of sheet music, sewing machines, jewelry, and POE - ■ 'is - clocks. Sunier announced its closing in December, 1928 and the new owner undertook a renovation to convert the building "into a modern store room and to ' r i0° make apartments on the second floor."In the 1970s(image,left)the building was occupied by Lorenz Boots& Shoes, a longtime Iowa City business. The building is an example of a simplified, CIassical Revival style with a contemporary styled storefront. Section 7 page 37 United Stap o1EhEkLree&r2023 AUG 23 5:50 PW"CLERK OF NSTRICT COLWge 38 of 97 National Par ervtce ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State This building is a moderately well-preserved example of a Classical Revival commercial building built during an era of substantial growth in the central business district before World War I and altered in 1929. Non-historic changes are largely confined to the storefront, though a penthouse addition contributes to a change in character from the historic. The building is a contributing resource to the historic district, significant under Criterion A in association with the history of Iowa City commerce and Criterion C as a representative of Classical Revival commercial architecture. 70. Corlett Livery/M. Moon Drug—NC 114-116 E. Washington Street i`;i;,l�;i k �f 1�; ;1 No Style ca.1874/1963 This 3-story, commercial building was constructed in ca.1874. The facade was altered in 1963,with metal cladding and reduced windows introduced at that time; ��� ILI the present character is largely in keeping with that alteration. The first floor is divided into two unequal retail spaces reflecting the original function of the west section, which served as an access passageway for wagons entering the center of the block to reach the livery stable located at the rear of this building through at least 1912. Because the facade alteration occurred more than 50-years ago, the changes are considered part of the historic fabric and is evaluated as such. In contrast to multiple buildings in the Iowa City downtown, renovation of the building at 114-116 E. Washington does not represent a stylistic shift in the design of downtown buildings. Rather, it appears as an uninspired and inexpensive alteration, perhaps as a quick solution to issues with the historic facade. Due to the method in which the alteration was undertaken, the building has not, since the time it was renovated, contributed to the historic character of the downtown. As a result, the building is counted as a non-contributing resource to the historic district. It is important to note, that a portion of the building's original facade may remain beneath the metal cladding. Should tote cladding be removed and the historic facade be historically rehabilitated, the building should be re-evaluated for eligibility as a contributing resource. 71. Younkers Department Store—C ' W 111-117 E. Washington Street Modern Movement 1951 = � The Younkers Store held its official opening on February 7, 1951;the Iowa City store was the largest of the six Younkers chain stores. The store facade was modern in design, featuring granite and stainless-steel storefronts, stainless canopies, and a brick upper story. Two stainless steel revolving doors were used for temperature control. ` This building is a moderately well-preserved example of a mid-20th century commercial building associated with a wave of new ! - construction that occurred in the downtown prior to urban renewal. -- Despite the alteration of the storefront and retrofitting of the upper story windows,the building retains a sense of time and place. As a Younkers Department Store, the building has an important association with the history of Iowa City commerce and its construction marks an important shift in the visual character of this block of E. Washington Street; with the adjacent S.S. Kresge building, Section 7 page 38 United stap�oEth9hbFe&r2023 AUG 23 5:50 P� d� CLERK CE DISTRICT CCWdge 39 of 97 National Par er11ce 1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State the Younkers building (and in the following decade the new facade of the Hands Jewelry building) represents a modern character tied to the mid-2011 century. As a result, the Younkers Store is considered a contributing resource in the historic district under Criteria A and C. 72. Freeman Building-NC 118 E. Washington Street Commercial Style ca.1874/ca.2002 _ This 3-story, brick commercial building occupies a mid-block position along the north side of E. Washington Street between S. Clinton and S. Dubuque streets. The building was constructed by 1874, but perhaps as early as 1868. The building received a new facade in 1939 with another major renovation after the 1963 fire at Bremers' clothing store to the east. The 1963 facade was replaced after 2001 with the present appearance reflecting that renovation. Although thoughtfully designed and executed to be sympathetic in scale and character to the historic downtown, the renovation resulted in a near complete loss of historic materials and historic design elements. As a result, the building counted as a non-contributing resource. 73. Bremer'building-C 120 E.,Washirigton Street Modem Movement 1964 This 2-story commercial building was placed in service in 1964 following a 1963 fire that destroyed the previous Bremer--'s building. The building was designed by Des Moines architect William R. Wagner. The building design departed from earlier design conventions, not only in the organization of the facade, the finishes used, and the type and arrangement of windows,but in the positioning of the building itself. The building's setback created a sense of enclosure by the changed relationship of the adjacent building's-that character is repeated nowhere else in the Iowa City downtown. The Bremer's building is a reasonably well-preserved example of an architect- designed commercial building representative of mid-20 century Modern architecture-while the storefront has been altered, the upper story retains its original Modern character. The Bremer's building is a contributing resource to the historic district, significant under Criterion A in association with the history of Iowa City commerce. Further, the building is significant under Criterion C as an example of Mid-century Modern commercial architecture. 74. S.S. Kresge Co. Building- C T 121 E. Washington Street - Modern Movement _- 1930/1956 The S.S. Kresge building is a 2-story, tan, brick commercial building , constructed in two phases beginning in 1930. Kresge's came to Iowa City i after a careful survey which revealed a likelihood for"growth, stability of employment,and general business standing."The company choose this specific site for its location at the center of the city's shopping area and the option for subsequent enlargement. Construction of the new$30,000, 2-story, 4,500-sq. ft. building was Section 7 page 39 United Stap�t oEih6hhre&r 2023 AUG 23 5:50 P"ffft t-CLERK OF DISTRICT CC)Wge 40 of 97 National Par ervice ational Register of Historic Places Registra ion arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Properly County and State underway by early summer 1930. Enlargement of the store was celebrated in the fall of 1956. The expanded 60-ft. storefront had a sales area of 9,061-sq. ft. with new features including anew stainless-steel luncheon fountain with seating for 27 that was served by an "all stainless-steel Pullman-type kitchen." Store offices were located in the upper story of the 1930 building with an employee's lounge occupying the upper story of the addition. The S.S. Kresge Building is a moderately well-preserved example of a 1930s commercial building exhibiting the influence of the Modern Movement and is counted a contributing resource to the historic district. The building is representative of both the 20' century transformation of this streetscape and the national rise of the five and dime, of which S.S. Kresge was an important example. In those historic associations,the building is significant under Criterion A. Further,the building form and stylistic details are expressive of the years in which the building was constructed and expanded. As a result, the S.S. Kresge Building is also significant under Criterion C. 75. Security Insurance Co. Building—NC 124 E. Washington Street - r Romanesque Revival i l ca.1869/ca.2010 � t The 2-story, brick Security Insurance Co. building dates to ca.1869. The building's original front is clearly depicted in a photograph in that year (below), its occupant prominently f ° advertised as the Security Insurance Co. The building retained its 19th century facade through the mid-20th century when fire damaged the building and a new, Modern style facade was installed. A significant renovation in 2010 replaced the Modern version of the building facade. Referencing the building's 1869 design character,red brick facing, an overhanging cornice with decorative brackets, and arched headers on the upper story windows were all created in a contemporized version of the4storic facade. Although of a high quality in both materials and design,the recent rirtdior renovation represents a new facade. As a result, the building is considered a non-contributing resourca to they historic district. t 76. Commercial Building—C 126 E. Washington Street - Early Classical Revival ca.1869 This 2-story, brick commercial building likely dates to ca.1869, when a glimpse of it is captured in a photograph of its neighbor to the west (see above image). Although the building facade has undergone at least two major renovations, the q appearance today is representative of its original appearance. During its some 151- year history,the property has been occupied by a wide variety of tenants beginning with a furniture store (1874), billiards hall (1879-1883), restaurant (1888), Saloon (1892-1899), millinery shop (1906-1920), and hat shop (1920-1952). Renovation of the building occurred in February, 1936 with a local newspaper describing the remodeling by local architect J. Bradley Rust,as"colonial in design."It does not appear that the facade was altered as part of the remodel. The present appearance of the building represents the ca.1981 removal of a 1930s renovation that had included removal of the original cornice to accommodate the adherence of Section 7 page 40 United Stap�oiEi*I1hW6hr2023 AUG 23 5:50 P� I� CLERK OF DISTRICT COWge 41 of 97 National Par service 1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State structural glass cladding. Removal of the structural glass cladding in the 1980s likely damaged the original brick. Despite facade alterations,the resource retains sufficient integrity to stand as a contributing resource to the historic district. Its extended association with Iowa City commerce and representation of early commercial architecture support significance under Criteria A and C. 77. Arcade Building—C* _ 128 E. Washington Street Chicago Commercial Style ca.1874/1926 The Arcade Building is an example of a late 191h century commercial block that was significantly altered in 1926. As noted in the Press-Citizen in 1925, "In the heart of the business district, a rather shabby, old building has been displaced by a beautiful, modern structure." In addition to installing a new facade and storefronts, both floors of the interior were renovated with two shops on the first floor and four suites of offices on the second floor. More recently, most all of the storefront glazing was removed to create an outdoor I seating area within the footprint of the former display area. That alteration significantly impacts the historic character,a loss that is partially mitigated by ~ retention of the sill plate of the historic footprint, which would facilitate reconstruction. Further, the retention of the character-defining terra cotta cladding, Classical Revival elements, and upper story fenestration results in a good level of historic integrity despite the loss of storefront glazing. ; Despite the recent removal of storefront glazing, the building retains a good level of historic3ntegrity and is therefore a contributing resource to the historic district. The building is signif cant under Criterion-A in association with the history of Iowa City commerce and under Criterion C as an important Ommpl aT 20t11 century commercial architecture. mac: +8 78. Hotel Jefferson—C* 129-131 E. Washington Street tl„J Chicago Commercial Style 1913/1926 Designed by the Chicago firm of H.L. Stevens Co.,the 8-story Hotel Jefferson was constructed in two phases; the lower six floors in 1913 with two floors _ added in 1926 (Proudfoot, Rawson & Souers, architects). When placed in service, the hotel was one of eight hotels in the downtown and was touted as the "'only fireproof hotel in Iowa City." The hotel had an electric elevator, a _ 250-ft.artesian well,rooms with hot and cold running water,telephones,steam heat, and electric lights. Artwork in the lobby and mezzanine artwork was commissioned through the WPA federal artist's project in 1933-34. The Hotel Jefferson is a well-executed and well-preserved example of a Chicago Commercial style high- rise with classically derived design elements. Its scale and design were atypical of similar Iowa sized Iowa communities reflecting the impact that the State University of Iowa had on the commercial health of the community. Because of its historical association with the construction boom in downtown Iowa City in the years immediately preceding and following World War I and duality of architectural design, the building is a contributing resource to the historic district under both Criteria A and C. Section 7 page 41 United Star o&€lb&Qr 2023 SEP 08 1:43 AM f•CLERK OF DISTRICT CDIWgQ 42 of 97 National Par errnce ational Register of Historic Places Registrat`io-n Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 79. Pryce & Schell Building—C 132 E. Washington Street AN - Italianate ca.1879 F z r f i a. The hardware business of Samuel D. Pryce and William J. Schell was located in this corner property in 1879. The building continued to house hardware sales through 1913, with Lichty & Thomas in place by 1904 and Will Thomas' "hardware, pumps, guns, paints & oils" located there _ too by 1911. Fred Racine operated Racine's Cigar Store No. 1 from this location through the 1950s. The Pryce & Schell Building has seen multiple alterations. Most detrimental to the historic character was removal of the elaborate cornice and window hoods, replacement of historic windows, relocation of the corner entrance, and brick infill of storefronts. However, because the building retains its historic form without additions,the rhythm of the upper story window openings,historic finish material,and its significant relationship to both the Dubuque and Washington street corridors,the Pryce&Schell Building is considered a contributing resource in the downtown historic district. The building is significant under Criterion A, in association with the history of Iowa City commerce. 80. Park@201 —NC 201 E. Washington Street Contemporary Glass Block High Rise 2012 Park@201 is a 14-story, steel and glass tower with a poured concrete elevator tower at the rear. The building, which was placed in service in 2014, is sited on the downtown pedestrian mall (S. Dubuque Street), with its fagade facing Black Hawk Park on the north. The building is occupied by retail/trade on floors 1-4 with residential condominiums and apartments on floors 5-14. Dating to outside the period of significance, the building is a non-contributing resource to the historic district. 81. First National Bank—CX 202-214 E. Washington Street Mixed 1888/1911/ca.1990 This property includes four separate structures built and remodeled over a 120-year period with all of the space now included as bank and offices for a single financial institution. The primary building in this grouping is the historic First National Bank, constructed prior to 1888 and fully remodeled in 1911. To that core building has been added a pair of 19' century commercial buildings fronting S. Dubuque Street (20- 22 and 24-26) and a contemporary addition on the east (210-214). This complex of buildings represents an unusual combination of commercial buildings built and remodeled for use as a bank. The principal block is a moderately well-preserved example of the Classical, _ Revival Style. Two other building sections retain elements of the ' commercial Italianate and Romanesque styles. A fourth section consists of a modern addition. Because, in their current form, the buildings _ Section 7 page 42 United 5tap I of9h5:1 F&r 2033 SEP 08 1:43 AM NM CLERK OF DISTRICT CCW9e 43 of 97 National Par er�ice! ational Register of Historic Places Regis[ration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property - r-- County and State function as a single business under the same ownership with the interior functionally united and the exterior visually united, they are considered a single pro ,carr�prise� f fiQur resources. As a unit, the property retains sufficient historic integrity to convey a se a o`f tila Af Obicr :Therefore, the building is counted as a contributing resource to the historic district under Criterion A in association with the history of Iowa City commerce. - 82. Paul-Helen Building—NRHP, 1986 207 E. Washington Street Chicago Commercial Style -I.:_ The 1913 Paul-Helen Building is a 3-story,brick commercial building. y The property is,with the adjacent Englert Theatre(1912),the Jefferson Hotel (1913), and the Johnson County Savings Bank (1913), representative of a commercial boom in Iowa City during the years prior to World War I. The Paul-Helen Building was placed on the National Register of Historic Places in 1986, significant under Criterion C as the first "modern commercial building" in downtown Iowa City. As noted in the nomination, the building is representative of the wide-ranging impact of Chicago's architects, builders, and architectural periodicals on architectural design. The building is also significant under Criterion A in association with the history of Iowa City commerce, specifically as a representative of the impact of the commercial boom of the period. 83. Stillwell Building—C* 216 E. Washington Street 00�` Italianate ca.1880 �� The Stillwell Building is a moderately well-preserved example of a Late Victorian Italianate Style commercial building with a pressed metal cornice featuring a paneled , fascia with embossed brackets separating and pairs of modillions. Byron Stillwell — - operated his paint, oils and wall paper business in Iowa City beginning in ca.1878. In 1900 Stillwell purchased the building; at 216 E. Washington St., where he had been occupying as a lessee (see bottom, left). Under the management of subsequent owners, Stillwell's Paint Store remained at this location through 1981. ti Once common in downtown Iowa City, well-preserved examples of the Italianate are now relatively rare. Along with the remaining bays of the IXL Block adjacent to the east (below), the Stillwell Building remains one of the best-preserved examples of Italianate architecture in the Iowa City downtown; standing as a block of three, the Stillwell Building and the IXL Block represent the best-preserved grouping of Italianate style ' buildings in the downtown and the onlyremaining block of 3-story g Italianate buildings. Despite the modernization of its storefront, the building retains the character-defining features that tie it to its early construction date and Italianate style. As a result, the Stillwell Building is counted a contributing resource to the historic district under Criterion C. Further,the Stillwell building is significant under Criterion A in association with the history of Iowa City commerce. Section 7 page 43 United stay f ofEFlht�r 2023 SEP 08 1:43 RM � CLERK OF DISTRICT CAL 9� 44 Of�? National Par ervice 1 ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property - County and State 84. IXL Block- C* J41" - r f (west bay) _ r 218 E. Washington Street Italianate - 1883/ca.1970 ' This 3-story building is the west section of a triple-width block built in 1883. The easternmost section of the original block building is non-extant (ca.1970) and the center section remains extant as 220 E. Washington St(below, right). The IXL Block !1 is an example of a Late Victorian era, Italianate commercial building with a pressed metal cornice featuring a pediment section with a radiating sun pattern, a decorative geometric design on the fascia, and embossed brackets. The building's storefront was occupied by a wide variety of businesses through time, with no significant association known. Beginning in the 1890s and continuing for nearly three decades, the upper floors of this building and the building sections to the east were occupied by a business school that appeared under various names including the "Iowa City Commercial College and School of Shorthand" and the "Iowa City Academy." The west bay of the IXL Block is a moderately well-preserved example of a Late Victorian Italianate Style commercial building that was common in downtown Iowa City during the latter decades of the 1911 century. Along with the Stillwell Building on the west, and the center bay of the IXL Block, the building remains one of the best-preserved examples of Italianate architecture in the Iowa City downtown; standing as a block of three, the buildings represent the best-preserved grouping of Italianate style buildings in the downtown and the only remaining block of 3-story Italianate buildings. The building retains the character-defining features that tie it to its early construction date and Italianate style.As a result,the IXL Block is counted a contributing resource to the historic district under ' Criterion C. Further, the building is significant under Criterion A in r association with the history of Iowa City commerce. 85. IXL Block-CX (center bay) 220 E. Washington Street Italianate - _ 1883/ca.1970 _ This 3-story, brick commercial building (above, right) is the center section of a 3-bay block built in 1883. The east bay is non-extant (ca.1970) and the western section remains extant as 218 E. Washington St. The IXL Block is an example of an Italianate Style commercial building with a pressed metal cornice featuring a curved name block section, a decorative design on the fascia, and embossed brackets. This building was constructed in 1883. The center bay of the building housed an agricultural implement dealer through at least 1915. Beginning in the 1890s and continuing for nearly three decades, the upper floors of this building and the buildings to the east and west were occupied by a business school that appeared under various names including the"Iowa City Commercial College and School of Shorthand" and the "Iowa City Academy." The center bay of the IXL Block is a moderately well-preserved example of a Late Victorian Italianate Style commercial building that was common in downtown Iowa City during the latter decades of the 19t' century. Along with the Stillwell Building on the west, and the west bay of the IXL Block, the building remains one Section 7 page 44 United Step�ob*lht�rOr2023 SEP 08 1:43 AM�� CLERK OF DISTRICT CC)Wge 45 of 97 National Par erlice ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State of the best-preserved examples of Italianate architecture in the Iowa City downtown. In addition, standing as a block of three buildings,they represent the b gwr1v d v}�pi%of Italianate style buildings in the downtown and the only remaining block of 3-sto `t�taat builtiing�:Z'he building retains the character- defining features that tie it to its early construction date-and-Italianate style. As a result, the IXL Block is counted a contributing resource to the historic district under Criterion C. Further,the building is significant under Criterion A in association with the history of Iowa'City commerce. 86. Englert Theatre—NRHP, 2001 221 E. Washington Street Renaissance Revival 1912 Constructed in 1912 and substantially rebuilt after a fire in 1926, the Englert Theatre's fagade maintains its original classically derived design elements rooted in the Italian Renaissance Revival. The theater interior was rebuilt after the fire, incorporating a Tudor Revival theme that reflects the design trends of that period. The Englert Theatre was listed on the National Register as a locally significant resource under Criteria A and C and thus contributes to the historic district. The resource is significant in its association with the history of culture and entertainment and, in that capacity, has become a cultural landmark and venue. Further, the Englert Theatre was constructed to be among the best of the stage and movie houses in Iowa City. Historically and as an architectural property type, it is the last of its kind in the city. 87. Schump Transfer& Storage—C 225 E. Washington Street Commercial Style 1910 This 2-story, brick building was under construction in 1910 and in service as Louis Schump Transfer and Storage by 1911. In 1919 Louis Schump advertised his business of"furniture&piano packing and moving" which specialized in "storage of household goods," "long distance moving by auto truck," and "baggage and parcel delivery." According to city directories, Schump continued at this location in the 1920s, but by 1924 the building was occupied by Parks Transfer & Storage Co. The upper level was converted to apartments when a bowling alley located to the ground floor into the late 1960s. Significantly,the building's ' concrete and steel beam construction reflect its original function as a storage facility a structural system necessary for storage of large and heavy items such as pianos and, later, automobiles. This building is a moderately well-preserved example of a commercial building in the historic district. The upper fagade retains a good level of historic integrity; although windows have been replaced, the openings remain intact as do the window details and the brick cornice, which contribute the historic character. The succession of uses the building housed, including a warehouse, a parking garage, and bowling alley, make it an unusual commercial type in the downtown. The building is a contributing structure to the historic district under Criteria A and C. Section 7 page 45 United StaP o�Flbt5gr 2023 S E P 08 1:43 AM � CLERK QF d15TRICT C�Wge 46 of 97 National Pa ervice 1 ational Register of Historic Places RegistraEIon o�rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District ;w Johnson County, Iowa Name of Property `~� ;�, County and State 88. Stillwell Building—C OCT !" 1�2 227 E. Washington Street Modern Movement = , 1911/ca.1949 The Stillwell Building is a 3-story,brick building dating to 1911. The tall and narrow building was constructed to house Bell Telephone, which leased all three floors of the building. A telephone company remained in the building through ca.1930 after which time it was owned and occupied by the Larew Company, a plumbing contracting business. Soon thereafter,the facade was replaced and it is likely that apartments were installed during a 1948-50 remodeling. - The Stillwell Building is an example of an early 2011 century building with a mid-20t" century re-facade in a modern character. The building is counted as a contributing building to the historic district with significance under both criteria A and C. 89. First National Bank Drive-In—C 228 E. Washington Street Colonial Revival 1962 The First National Bank Drive-In is a 1-story brick building ■ constructed in 1962 with an addition completed in 1980. This drive- in bank and parking lot replaced the previous city hall, fire station, 1 and commercial building located on this lot after the buildings were cleared as part of municipally sponsored urban renewal efforts. The building is an example of a free-standing drive-in bank constructed - when this form was still relatively new in the United States. Cars enter the lot and drive-in bank bays from Washington Street, turn east, and exit onto Linn Street. The bank building has a T-shaped plan with three drive-in teller bays, each serviced by bank tellers located in small buildings rather than by pneumatic devices. The north section has a closed gable roof with a pillared portico extending over the entrance. Each of the teller bays has a 9-light window facing east and west with a round arched panel above and applied shutters. A small cupola complete with imitation weather van surmounts the gable roof section over the teller bays. This building is an example of a contemporized version of the Colonial Revival style in a commercial building. The resource is considered a contributing resource to the historic district with significance under Criteria A and C. 90. Meacham Travel—C 229 E. Washington Street Modern Movement 1971 This 1-story, corner building is constructed of reinforced concrete with a white exposed aggregate finish. The heavy cornice design includes three wide bands of concrete set at staggered depths with the storefront windows set beneath at a recessed depth. The building was designed by Iowa City architects Hanson Lind Meyer. Meacham Travel Service was established in 1952 by Frank E. Meacham and remains in business at this location. Section 7 page 46 United Stap4 offgFl�r 2023 SEP uti 1:4:3 AM �C CLERK OF DISTRICT COWge 47 of 97 National Par er�ice ational Register of Historic Places Registratioion Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property I L � County and State Built in 1971, construction of the Meacham Tr �lv �p buildWMI,2 was example of a downtown building `talon $ la e'of° ed- fIled holes which resulted from the removal or destruction,-of-old structures" (far left in image at right). The building,,whieh-derives significance under Criterion A in association with the city's urban renewal program and is considered significant under Criterion C as a well-preserved example of mid-201h century commercial architecture, is a contributing resource to the historic district. ` 91. Iowa City Press-Citizen Publishing—C* 319 E. Washington Street Modern 1937 The Iowa City Press-Citizen Building is a freestanding, 2-story, brick office building constructed in 1936- 37. The building has a steel structural system with reinforced concrete floors and a light-colored vitrified _ brick exterior finish. The building was built to house the printing operation and offices for the newspaper, which it did until 1990. The building is an example of the Modern Style of architecture developed during the 1930s. Conversion of the building to housing in the mid-1990s resulted in alteration of the historic windows - - - and some reconfiguration of the interior floor plan. This building is a moderately well-preserved example of a rare commercial architectural style in Iowa City. The Iowa City Press-Citizen Building is significant under Criterion A in association with the history of communication, specifically in the role and impact of the longtime occupant, The Press-Citizen. Further, the building is significant under Criterion C as a rare representative of the Art Modeme in Iowa City. The building is counted a contributing resource to the historic district under both Criteria A and C. 92. Ecumenical Housing—NC 320 E. Washington Street Modern Movement -- - - _ 1980 @How MEW Ecumenical Towers is a 11-story apartment building constructed in 1980-81 maw =1GG =16- Qn"�p as housing for elderly and disabled tenants. It is coimected to the Iowa City Senior Center located in the former Iowa City Post Office building to the west. Because the building's function,property owner,and construction date ` Y are separate from the Old Post Office, the building is considered an individual resource, not an addition to the older building. The building has a skeletal steel structure sheathed in pre-cast concrete slabs that were erected on site. The absence of stylistic features results in a utilitarian design character. Ecumenical Towers is an example of a late 20th century apartment building constructed using utilitarian design methods in order to provide affordability for tenants. Because the building dates to outside the period of significance, it is counted as a non-contributing resource to the historic district. Section 7 page 47 United St a��o&F1€EQr 2023 SEP 08 1:43 AM CLERK OF DISTRICT COl•9ge 48 of 97 National Par ervice ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District- ; - - Johnson County, Iowa Name of Property County and State 93. The Abbey Apartments— 328 E. Washington Street F'` `' Contemporary 2011 The Abbey is a 5-story brick and stone-faced building constructed in 2011. _ Typical of 21 st-century trends, the first floor was constructed to accommodate r retail/trade with the upper storied arranged for apartment/condominium living. The building maintains the historic setback established by the Boerner-Fry building on the east corner and the adjacent Eldon Miller building. The building = exhibits a contemporized Neo-Classical influence — seen in the tripartite definition(base in stone, column in brick, and a cornice as capital). The stepped - form of the roof line and arched headers of the upper story fenestration also point to the classical. Because the building dates to outside the period of significance, it is counted as a non-contributing resource to the historic district. 94. Eldon Miller Building—C (Gabe's) 330 E. Washington Street Modern Movement 1955 The Eldon Miller building is an example of a mid-century Modern commercial building. The building retains its Modern design character including a lack of applied ornamentation and layering of geometric form as demonstrated in the brick framing element surrounding the flat plane of YT. the upper wall clad with Ashlar split-faced limestone. Eldon Miller, Inc. a trucking firm, was established in 1935, opening its Iowa City office in 1955. Miller operated in 27 states and had 16 branch offices scattered throughout the Midwest. Gabe's moved 7 into the building in 1975 and has remained a local haunt from that time. This building is an example of a mid-20t1i century, infill commercial building �mc ; executed in the Modern style. Although the storefront has been altered from the original (including painting of the west '/2 of the stone cladding which " camouflages the window retained at that location),the upper fagade retains the r original, modern design elements and finishes including the original cladding. T The building is considered a contributing resource to the historic district, significant under Criteria A in association with the history of Iowa City commerce and under Criteria C as a representative of mid-20t" century Modern - style executed in a commercial property. 95. Boerner-Fry Company/Davis Hotel—NRHP, 1982 332 E. Washington Street Italianate 1899 The Boerner-Fry Company/Davis Hotel is a 3-story brick and stone building with Late Victorian era stylistic elements.Per the National Register nomination,"The Boerner-Fry Company/Davis Hotel building is closely and most significantly associated with the career of Emil Louis Boerner (1852-1933), one of the founders Section 7 page 48 United St a��otEhFlbllQr 2023 SEP 08 1:43 AM� l"CLERK OF DISTRICT COAige 49 of 97 National Par ennce ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property 4 County and State and first dean (1885-1904) of the University of Iowa Department of Pharmacy."'In partnership withi�$�eer f wads ►;iliarn A.Fry,who was also a significant figure in city history with connections to the Iowa City Water Company and the Johnson County:Sa;Xings Bank. The Boerner-Fry Company was established in the fall of'1897 to produce toiletries and light pharmaceuticals and moved into their new factory in December, 1899. The factory building was constructed by contractor/builder, Jacob J. Hotz. The Boerner-Fry Company developed a national market with a particular reputation for production of vanilla extract. The building became a hotel in - 1922, most significantly operating as the Davis Hotel from 1952-1972. The building was listed on the National Register in 1982, significant in its association with Emil Louis Boerner. As such, the resource is a contributing resource to the historic district. Statement of Historic Integrity The resources of the Iowa City Downtown Historic District include the best-preserved commercial buildings in the city's historic downtown area with a minimum of resources dating to outside the period of significance. Together the resources represent the evolution of the district from 1856 through 1979 through a cross-section of construction dates, property types, scale, materials, and architectural styles. Together the resources retain the level of historic integrity necessary to convey a sense of time and place as well as to provide an understanding of the variety of influences that impacted the district over time. The historic district retains its historic location at the heart of the Original Town Plat and in adjacency with the Old Capitol and University of Iowa Pentacrest. As a result, historic integrity as it relates to location is high. Historic integrity of setting is good: Retention of the historic pattern system of roadways with historic widths largely intact contributes to the character of setting. Integrity of setting is negatively impacted by the replacement of the early University buildings north of Iowa Avenue. While the University properties have historically provided the delineation of the commercial zone, loss of historic buildings and the recent increased density along that streetscape negatively impacts the district's historic setting along Iowa Avenue. In contrast, the Pentacrest on the west (with Old Capitol at its heart) remains as it has been since the early 20' century. As such, the Pentacrest contributes significantly to the district's integrity of setting. Loss of commercial properties at the fringes of the district boundaries, particularly along S. Burlington Street, negatively impact integrity of setting. That adverse impact is heightened by the increase of vehicular traffic along that roadway. The Iowa City Downtown Historic District retains a good level of historic integrity as it relates to association relating to the district's physical association with the campus of the University of Iowa as well as the district's historical association with the establishment and development of the city's commercial area. The district retains a good level of historic integrity of design, retaining multiple property types, a cross- section of architectural styles, and representatives of both vernacular and architect-designed buildings. Although alterations of the district's resources have occurred over time,the designation of eight individually listed resources point to a level of integrity of design. Further, the vast majority of district buildings retain Section 7 page 49 United St �ofxl+�Ilblir hr2023 AUG 23 5:50 P�� CLERK OP D15TR1CT COWS 51 of 97 National Par Sarv�ca 1 ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 8. Statement of Significance' :Arias o ;3igrtirance Applicable National Register Criteria (Enter categaries Wom Instructions.) (Mark'Y'in one or more boxes for the criteria qualifying the property 'ARCHITECTURE for National Register listing.) �; Cbm'IVIERCE X A Property is associated with events that have made a COMMUNITY PLANNING & DEVELOPMENT _l significant contribution to the broad patterns of our history. ❑ B Property is associated with the lives of persons significant in our past. T Period of Significance X C Property embodies the distinctive characteristics 1856-1979 of a type, period, or method of construction or represents the work of a master, or possesses high artistic values,or represents a significant and distinguishable entity whose components lack individual distinction. Significant Dates D Property has yielded,or is likely to yield, information 1856 important in prehistory or history. 1970 Significant Person Criteria Considerations(Mark"x"in all the boxes that apply.) (Complete only if Criterion B is marked above.) Property is: 1 A Owned by a religious institution or used for religious Cultural Affiliation (if applicable) purposes. B removed from its original location. C a birthplace or grave. Architect/Builder D a cemetery. Lovelace, Chauncey E a reconstructed building, object, or structure. Charles A. Dieman & Co. F a commemorative property. Liebbe, Nourse, and Rasmussen X Rust, J. Bradley G less than 50 years old or achieving significance Jack Leaman/Associated Engineers within the past 50 years. Nowysz, William Hansen, Lind, Meyer Brooks, BoEq & Skiles Wagner, William R. H.L. Stevens Co. Hotz, Jacob J. Proudfoot, Rawson & Souers Section 8 page 51 United St a��01EhFIh&fbr2023 AUG 23 5:50 P"� CLERK OF DISTRICT COWge 52 of 97 National Par Service 1 ationat Register of Historic Places Registration orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District - L Johnson Count , Iowa Name of Property County and State r%Z r P ! Statement of Significance �{ J I ' ` z , r'- Statement of Significance Summary Paragraph(Provide a'summary paragraph that includes level of significance,applicable criteria, justification for the period of significance,and any applicable critetla.ccnsiderations). The Iowa.City Downtown Historic District is locally significant under Criterion A in its association with the role of commerce in the settlement and growth of the town over an extended period of time, having served a central role in the survival of the community. The resources of the district are representative of the continuum of commercial development beginning in the mid-191 century and continuing through 1979. The Iowa City Downtown Historic District is locally significant under Criterion C with resources representing a variety of building materials, construction practices, and architectural styles. The district retains important commercial buildings representing architectural styles typical of Iowa communities: examples of the Italianate, Classical Revival, and Commercial Style are all found in the downtown with a good degree of historic integrity retained. The district also retains more individualized expressions of architectural design styles that sets it apart from other communities. The work of numerous local, state, and nationally known architects is represented in the building resources located in the district. In addition, the Iowa City Downtown Historic District is locally significant under Criterion A in its association with the history and impact of the 20' century, nationwide downtown rehabilitation movement known as urban renewal. Like communities across the country, an urban renewal project altered the physical and visual character of the Iowa City downtown. The Iowa City Downtown Historic District embraces the portion of the historic downtown which, although significantly altered by urban renewal, retains a sense of the early character in combination with the 1970s era, urban renewal alterations. The period of significance for the Iowa City Downtown Historic District is 1856 through 1979, representing the earliest extant resource(Franklin Printing)through completion of City Plaza(the Ped Mall),which marks the end of the city's urban renewal era transformation of the downtown commercial area.One district resource constructed as part of the urban renewal program post-dates the period of significance; the Holiday Inn was placed in service in 1984 and should be re-evaluated if, in the future, the nomination is amended to extend the period of significance. Significant dates for the Iowa City Downtown Historic District are 1856, marking the earliest extant resource, and 1970, marking completion of the first urban renewal resource and, effectively, the start of the urban renewal era transformation of the downtown. The Iowa City Downtown Historic District meets Criterion Consideration G as a district including properties that have achieved significance within the past 50 years. The Iowa City program of urban renewal is representative of the nationwide movement that transformed downtown commercial areas by razing large swathes of buildings and replacing them with new buildings, parking lots, parking ramps, and other features designed to restore economic vitality to communities in economic distress. The urban renewal resources in the Iowa City Downtown Historic District are an important piece in the history of Iowa City commerce and commercial architecture. The district not only retains six contributing buildings constructed as part of the organized efforts to revitalize the Iowa City downtown, but it retains one of only 11 remaining, urban renewal pedestrian malls in the country where there once were some 200. Further, it is the only remaining, full pedestrian mall in Iowa. Section 8 page 52 United StaP oEihkI6E hr2023 AUG 23 5:50 PNM� CLERK OF DISTRICT COLWge 53 of 97 National Park Service 1 ,tional Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property Countv and State Narrative Statement of Significance(Provide at least one paragraph for each area of significance.) (Iowa SHPO Additional Instructions: For properties not nominated under Criterion D,include a statement about whether any archaeological remains within or beyond the footprint of the property were assessed as part of this nomination under the subheading Archaeological Assessment.) The resources of the Iowa City Downtown Historic District represent commerce and architecture spanning the period from 1856 through 1979. As representatives of commerce activity during that period, the resources tell the story of consumer trends indicative of specific eras. They illustrate the impact of the adjacent university on the products sold and the types of businesses that were established and either thrived or failed. The buildings hold the histories of numerous long-lived local businesses housed in their storefronts often with their owners living in the apartments above. In association with the 123-year history of commerce in Iowa City, the resources of the historic district provide an understanding of how commerce in the community changed over those many years. The buildings of the Iowa City Downtown Historic District are representative the evolution of commercial architectural design beginning with the almost severe expression of the 1856 Early Classical Style of the Franklin Printing Building to the thoroughly Modern character of the 1971 Meacham Travel building. In addition to the range of commercial styles found in the district, the resources also represent the stylistic evolution of a single building as owners changed or a single owner opted to modernize their building. The district is a many layered, collection of styles and materials, which tell the story of a long and important architectural history. The Iowa City Downtown Historic District was profoundly impacted by urban renewal. Like communities across the country, the 1960s-1970s urban renewal project in Iowa City altered the physical and visual character of the Iowa City downtown. While much of the downtown's early fabric was lost to urban renewal, the transformation created a space and buildings that are now significant components of the historic character. The Pedestrian Mall, in particular,is at the physical and cultural center of the Iowa City downtown and its construction in 1979 marked the end of a long and painful chapter in city history. The case for significance for the Iowa City Downtown Historic District is supported by the 2002 Multiple Property Document completed by Jan Olive Nash, entitled "Iowa's Main Street Commercial Architecture". In the document, Nash develops the historic context of "Historical Patterns on Main Street: Commercial District Development, 1832-1952"under which the significance of the Iowa City Downtown Historic District is initially established. However, because the historical and architectural significance of the Iowa City Downtown Historic District extends well past the period focused on in the MPD, the case for registration is not formally attached to that made by Nash. I Section 8 page 53 United St2P ❑£�"inghbi rr2023 AUG 23 5:50 PM -CLERK OF DISTRICT COLWge 54 of 97 National Per 5ervlce! ationaI Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Historical Background When established in the 1840s and 1850s, the downtown commercial area of Iowa City faced onto the six-acre Capitol Square(Figure 01). Old Capitol served the territory, then the state as the statehouse. A mix of small-scale - frame and brick commercial buildings, churches and dwellings were built on the north, east, and south sides of the square. These early buildings were utilitarian in design, serving basic needs of the new settlers and were soon replaced. Iowa Avenue was planned as a wide boulevard from Capitol Square on the west edge to Governor's Square on the east edge of the Original Town Plat. Although a governor's mansion was never built, the 120-foot width of the street made Iowa Avenue the widest and most important thoroughfare in the city despite the fact its symbolic role never materialized.6 Figure 01. Iowa City Town Plat- 1839 .......—.�.-..� "~— / I^ 115:'nry a! .al �rrria•y 11 I Vk711 I" 10WA ITIM Y' .I u :a } >e .I .r I.. t , .r ] L - Imo_7 n! ur;—ma,/l 7rwl w"v,17:4'+ry.i% I I 'I• :r.l,l ' �' ", IN nrwfti.ri�rrr..- I as IN 77 1•a*clwl I .ire rr �.:.. ate..-....e �- OWIO �`T�'i. sv =�- W - !r r•.�1'1 T 4 i -t! Y yr' I rb ]v I =! 1! I ■ .-r— .. r 97 'r•41'.r ll V. go ?•Il rl�l`-1 N I 9l y � at es rx 'ts .1 -' as a N StRrl 1 ._ Lv5 97 8J ` rJ L -- 71�-- I - I k�L 'a.. L L .e i University of Iowa Special Collections (Source:University of Iowa Special Collections.http://128.255.22.135/cdm/ref/collection/ictcs/id/539.) This first plat ivap of Iowa City documents the historic adjacency of the downtown commercial area(historic district boundaries noted)to the Old Capital(noted here as Capitol Square). Other street widths in the downtown commercial area ranged from 80-feet for most of the north-south streets (Dubuque, Linn, Gilbert, and Van Buren) to 100-feet for the east-west streets (Jefferson, Washington, College, and Burlington). Because of its adjacency to Capitol Square, the north-to-south running Clinton Street was laid out with a 100-ft. width. One block east of Capitol Square, along the north side of Iowa Avenue, a park was platted fronting Iowa Avenue with the land set aside for the construction of churches and a school. Three public squares were established with the Original Town Plat; South Market was located just southeast of the historic district boundaries. 6 Marlys A. Svendsen,"Survey and Evaluation of the Central Business District,"Prepared for the Iowa City Historic Preservation Commission,April 2001:06. Section 8 page 54 United staff F oEhl3l�af iffbr2023 AUG 23 5:50 P��t CLERK OF DISTRICT COLW 55 of 97 I�atspnal Pa erolce 1 at}onal Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property Countv and State Figure 02. S. Clinton Street— 1854 4. y.r w (Source: State Historical Society of Iowa,Iowa City.) �'u This photograph documents the character of Clinton Street in the years prior to the relocation of the,'capital to Des'Moines. At this time the transition from wood to brick commercial buildings was just underway-,- The railroad arrived in Iowa City at the end of 1855 and the capital was moved to Des Moines two years later. In a decision that would eventually have profound significance, the state legislature established a university in 1847 and transferred the abandoned capitol building to it in 1857. Capitol Square (now, the Pentacrest) became its campus with the downtown commercial area evolving through the coming years to adjoin the square on the north, east, and south. First-generation commercial buildings were gradually replaced with two- and three-story brick commercial blocks. The Franklin Printing building on S. Dubuque Street dates to this period as does its neighbor on the north (111 S. Dubuque Street). In the years after the Civil War, more substantial church structures replaced earlier ones, an opera house appeared, and several additional university buildings were erected. Only one of the churches of the early downtown commercial area is located within the boundaries of the historic district;the National Register listed Trinity Episcopal Church is located at 320 E. College Street. In the post-Civil War era, the downtown continued to serve as the economic and social crossroads of the community.' With its well-articulated, Italianate cornice and 30-year function as a drug store on this prominent corner location the Whetstone Building (ca.1868) is an important architectural and commercial representative of the late 191 century. Svendsen,6. Section 8 page 55 United sta�p�oEP&k1E br2023 AUG 23 5:501'"�- CLERK OF DISTRICT C04%e 56 of 97 Natlonat Pa 5sry ce 1 ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 03. Hay Market, Iowa Avenue near S. Dubuque Street—ca.1880 5 - •i - f if 111 (Source:State Historical Society of Iowa,Iowa City.) This view looking east along Iowa Avenue provides a view of the character of the downtown during this period of transition from first generation buildings to one dominated by two-and three-story,brick buildings. Note the Park House (ca.1876)at right and the Market Hall(1873)at mid-ground, right. Figure 04. Looking east along Iowa Avenue from the Old Capitol—ca.1880 Y - r (Source: State Historical Society of Iowa,Iowa City.) This view looking cast from the Old Capitol further documents the transformation of the downtown,with large scale, brick buildings lining Iowa Avenue and moving south along S. Clinton Street. By this time,university buildings had begun to populate the north streetscape,with the downtown commercial buildings commanding the south streetscape. The decade of the 1870s produced the largest number of extant buildings in the downtown commercial area; 30 buildings in the historic district date to this period, with 16 of the 30 retaining the visual character indicative of the construction era. The Bloom-Reis Building (ca.1874), with its restrained Italianate facade, is representative Section 8 page 56 United StapEqT"M oEh51ihEQr2023 AUG 23 5:50 PN_"tMrJ7-CLERK OF DISTRICT COWge 57 of 97 National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State of the early era of the S. Clinton streetscape, which evolved significantly from construction of this building through the re-fagade of the Airliner. The building is also important in its association with the prominent merchant Moses Bloom, whose clothing store occupied the building through ca.1909. Fire was the greatest hazard of this era and losses due to fire occurred far too regularly. Such fires often resulted in total loss of a building followed by replacement of those early structures,thus contributing to the material evolution of the historic district. Market Hall on S. Dubuque Street is one such example. Constructed in 1873 at 2-4 S. Dubuque,the building replaced the original Market Hall which had burned the previous decade (Figure 03). By 1880, mostly two-story, narrow-front commercial buildings with upper level living spaces lined Clinton and Dubuque streets as well as extending to adjoining blocks. During this period, Clinton Street was the favored location for clothiers, tailors, and milliners. Banks commonly established themselves along Washington Street. Commercial enterprises on Dubuque Street were dominated by saloons and billiard halls. A range of other businesses, including hardware stores, boot and shoe sellers, dry goods establishments, jewelers, bakeries, and hotels spread out on the other blocks of the downtown historic district. The 1880s and 1890s produced changes in the use of both of the public squares near the downtown commercial area. South Market on S. Burlington Street,was changed from a brush-covered localized dump to a railroad depot site for both passengers and freight. In addition, in 1890, the city authorized transfer of the park on Iowa Avenue to the University. A series of new buildings was subsequently constructed on that block, including Chemistry Hall and Homeopathic Hospital and the first sections of the University Hospital.'With transfer of control of that block and the erection of university facilities along the north side of Iowa, the downtown was then boxed in by the university campus on the west (location of the Pentacrest) and on the north, which significantly limited the options for further growth. Figure 05. S. Clinton Street looking north to Iowa Avenue=ca.1890s r ; f ` 1 - .; 16 :. (Source:State Historical Society of Iowa,Iowa City.) This image offers a good understanding of the stylistic mix that prevailed in the late 191h century. In this block of S. Clinton Street(1.-r.) are: the 1872,four-story, Late Victorian(Italianate with 2nd Empire mansard roof) St. James Hotel;the 1893 Classical Revival, Coast& Sons; the 1884, Italianate Namur Bakery(now,McDonald Optical building); a commercial building dating to 1874; and a three-story, 1888 building exhibiting the influence of the Romanesque style (in 1950 this building was re-faced to become The Airliner). a Svendsen,7. Section 8 page 57 United Sta��.oEhEk Ear2023 AUG 23 5:50 P� Ids CLERK OF DISTRICT CGIWge 58 of 97 National Par Service 1 ational Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa N ame of Property County and State Figure 06. S. Dubuque Street looking north from E. College Street— 1893 +I � I ., ' CD :RING -TALL. 7 (Source:State Historical Society of Iowa,Iowa City.) The S. Dubuque streetscape likewise presented a cross-section of architectural styles, with the transition to multi-storied, brick buildings complete by the 1890s. Construction of more stylistically expressive buildings continued in the downtown historic district during the 1880s and the 1890s with 20 buildings surviving from this period. A number of buildings constructed in these closing years of the 19th century reflect later fagade alterations. Those that remain representative of their period of construction include the Coast&Sons Building(1892)which retains its expressive, Classical Revival character (Figure 05). The building was occupied for 60-years by a clothier operated by various members of the Coast family. The Crescent Block (1894) with its eclectic design character housed storefront retail businesses representative of specific eras; in the 1920s, the building began its longtime occupation by the department store, Montgomery Ward and Co. For many years, the second-floor housed offices and the third floor a large meeting hall used by the Elks Club and, later, the Knights of Columbus. The College Block (1883) is the district's most fully expressed, Italianate Style building in the historic district. The building, which was threatened by the demolitions undertaken during the Urban Renewal era, was listed on the National Register in 1973. During the decades prior to World Wai I, the Iowa City downtown commercial area experienced a construction boom. With university enrollment increasing,new buildings were added to the Pentacrest Campus and the hospital complex stretching along the north side of Iowa Avenue was also expanded. As had been true from the time of the original plat, expansion of university buildings impacted the character and composition of the city's downtown commercial area. Specifically, the visual character along Iowa Avenue was altered by the increasing density, scale, and design character of university buildings that were enlarged or constructed on the north side of that roadway. Twenty-three buildings in the historic district survive from this boom period, including several that define the downtown skyline today (Figure 07). New buildings included a multi-story bank and office building (Johnson County Savings Bank, 1913), a major hotel (Hotel Jefferson, 1913), and a new theater (Englert Theatre, 1912); all three are retained in the downtown historic district and remain some of the district's most significant resources. The Johnson County Savings Bank (NRHP) was historically rehabilitated in 2018. The six-story, brick Section 8 page 58 United StaPOMM oEihf lib&&r2023 AUG 23 5:50 PNVfflHa- CLERK OF ❑ISTRICT COLWge 59 of 97 National Fear ervice 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State commercial building, references the influence of the Chicago Commercial Style in the arrangement of the elevation with a base, shaft, and capital. Classically derived decorative elements are executed in stone and terra cotta including a heavily articulated, stone first level and a deep, bracketed cornice. The Hotel Jefferson, which anchors the opposite end of the block from the bank building, likewise follows the tripartite fagade arrangement. The building was designed by the Chicago firm of H.L. Stevens Co., with 6-floors in service in 1913 and an additional 2-floors added in 1926. In 1913 the Hotel Jefferson was one of eight hotels in the downtown. Today, the property is one of three historic buildings in the historic district that once housed a hotel; the other two being small-scaled enterprises. Figure 07.View looking southeast at Clinton and Washington streets— 1913 / •t- o�•�F j � ja - (Source:State Historical Society of Iowa,Iowa City.) The period from 1900 to 1915 witnessed the beginning of the transformation of Washington Street from its mid-19`h century character to one embracing the stylistic trends and structural advancements coming out of Chicago. From this perspective we see the six-story, 1913 Johnson County Savings Bank(foreground) anchoring the west end of the block and the six-story, 1913 Hotel Jefferson anchoring the east end of the block. The buildings located between them would be replaced or re-faced by the mid-20`h century to complete the transformation. Also during this period, the development of a civic corridor replaced residences along and near Linn Street, impacting the character of the commercial area. A public library, post office, and several fraternal halls were constructed near City Hall, which was then located on the northwest corner of Linn and Washington streets.9 The Carnegie Library (1903) has been adapted to housing, but retains its strongly Classical Revival exterior. The Masonic Temple (1914), designed by the Cedar Rapids firm of Charles A. Dieman, is also Classical Revival in style; the building remains in use by the Masonic Order. Also constructed during this period was the B.P.O.E. building on E. Washington at Linn Street, which was razed in 2019. I } In addition to the new constructions during this period, nine buildings built in earlier eras were significantly altered and as such have a visual character representative of the early 20t''century.Ewers Men's Store, constructed by 1874, was completely remodeled in 1923; its fagade was updated to reflect the stylistic trends of the period 9 Svendsen,7. Section 8 page 59 United St a T oEih€IhFa br2023 AUG 23 5.50 P� ►t CLERK of DISTRICT CDLWge 60 of 97 National Park ervice National Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State and that character is retained today. Comparison with its neighbor on the north, the Bloom-Reis Building, illustrates the transformation. As of 2020, the building has been occupied by Ewers for 97-years. Downtown development held steady during the 1920s and 1930s with the most significant change being the appearance of national and regional franchise stores. That trend included S.S. Kresge, which opened on S. Washington Street in 1930. An example of the building form often referred to as the commercial broadfront, the _ Kresge facade was simply executed without a strong stylistic reference. The building remains an important representative of the period. Chain stores that had first appeared prior to World War I continued to thrive, despite the economic struggles of the Great Depression. A number of downtown buildings went through receivership, resulting in an accelerated rotation of downtown businesses. In addition, several facade rehabilitations occurred during this period including Ham's Hall at 6-8 S. Dubuque Street, which turned a Victorian era facade into one reflecting the Art Deco Style. The north half of the F.J. Epeneter Building at 5 S. Dubuque Street was "modernized"by refacing the 1870s facade with a"new"material known as Permastone. Several trends in 201h-century technology and popular culture manifested themselves in the downtown area prior to World War 11. The arrival of the automobile spawned construction of service stations, car dealerships, and garages, including several along Burlington Street and south of College Street along Linn and Gilbert streets. The J.A. O'Leary Velie Co. Garage (1919) on S. Linn Street is representative of the impact of the automobile on businesses in the historic district. The building,which covers a quarter-block near the east district boundary, was constructed as a one-story auto dealership with the upper two stories of apartments added in 1924. The property is interesting for its combination of property types, but most significantly it is the only auto-related property retained in the historic district. Figure 08.E. College Street— 1929 `� `y 41 (Source:State Historical Society of Iowa,Iowa City.) The 1929 Sears, Roebuck building replaced the center two bays of the 1870s era Dooley Block; as the image documents, the outer bays of the Dooley Block were retained(right and left of the Sears,Roebuck building). Sears, Roebuck was one of a handful of buildings constructed during this period retained in the historic district. Section 8 page 60 United SUpEIT o€ Iki1e iar2a23 AUG 23 5:50 Pflt"� CLERK OF DiSTR3CT COWge 61 Of 97 National Park Service 1 ationaI Register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property Countv and State Other enterprises tied to cultural trends of the era included tobacco shops,confectioneries, soda fountains,billiard halls,and movie theatres that sprang up in the district's existing buildings.Less than a dozen buildings constructed during the 1920s-1930s survive in the district.10 The Sears &Roebuck constructed a new building on E. College Street in 1929 is one of those few (Figure 08). The only major building constructed in the decade prior to World War II was the 1937 home for the Iowa City Press-Citizen newspaper. The brick building reflects the early roots of the Art Moderne. Numerous other buildings reflect fagade renovations undertaken during the period. Although the population of Iowa City nearly doubled in the 20 years that began with World War H, materials shortages and workforce disruptions slowed downtown development during the early 1940s.Expansion remained slow into the 1950s, largely due to the existing saturation of office and retail space that discouraged additional development despite a robust retail climate. As a result, the resources of the downtown historic district remained largely unchanged; the same core blocks provided a mix of retail shops, banks, theatres, hotels, service stations, office buildings,restaurants,and civic buildings. Only seven buildings erected during these two decades are found in the historic district. Issues of traffic congestion and parking were the foremost concerns of downtown property owners and municipal leaders during this period. In the late 1940s, parking meters were introduced and the first municipal parking lots were built on parcels along the eastern edge of the downtown. Congestion was addressed by street widening, removal of boulevard or median strips, and installation of traffic signals. Figure 09.Bremers— 1963 (Source:`Bremers,"Iowa City Press Citizen,June 22, 1963.) Following a fire in 1963 that destroyed their previous building,Bremers rebuilt a thoroughly modern Store,the design of which was drawn by Des Moines architect, William Wagner. 10 Svendsen,7. Section 8 page 61 United StaFi�ofh1ihh1FeAr2023 AUG 23 5:50 P�Ulft CLERK OF ❑ISTRICT COWge 62 of 97 National Par service 1 ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District _ Johnson County, Iowa Name of Property County and State The mid-20t'century (1940-1960) saw few new constructions and a handful of fagade modernizations. The 1877 Savings and Loan Building received a major renovation in 1940; the building was transformed from an opera house to a bank and office building. The resulting, almost severe fagade is relieved by an elegant, Art Deco - entrance surround on the College Street entrance. The Airliner received a facelift in 1950. Constructed in ca.1888, the two-story,brick building was transformed into a Modern property in 1950 with a monolithic,monochromatic _ brick fagade broken only by a ribbon window. The building has been occupied by The Airliner(a favorite among university students) since that time. The Eldon Miller Building was constructed in 1955 and is an example of a mid-20'century,commercial infill property executed in the Modern style.The Bremer's building was constructed in 1964 following a fire that destroyed the business's 191 century building (Figure 09). The new building was designed by Des Moines architect William R. Wagner, who used an atypical setback to create a sense of enclosure and altered the building's physical relationship to the streetscape—a thoroughly Modem approach. In recent years, the Iowa City downtown commerical area has undergone a significant transformation. Some 14 buildings were lost between 2001-2018; 11 of the 14 dated to more than 50 years of age, with 2 of the 14 constructed as part of the City's urban renewal program(114-116 S, Dubuque and the much-altered, 1981 Iowa City Public Library building at 123 S. Linn Street). Demolitions also occurred in the wad a fare (e.g., Peoples Steam Laundry at 225 Iowa Avenue and Van Patten House at 9 S. Linn Street) and to facyilitate construction of new buildings (e.g., Vogel House at 229 E. Iowa Avenue and J.C. Penney building at,130,.�5' . Dub#igue Street). Loss of buildings along the outer edges of the downtown commercial area,particularly alohg E.14 lington Street on the south, have tilted the historic to non-historic ratio; today, only one building dating,to more than 50 years of age remains on E. Burlington Street between S. Clinton and S. Gilbert streets. The parking-ramp between S. Dubuque and S. Linn streets is associated with the urban renewal period, its mass and materials accounting for much of the streetscape's visual character. The remaining blocks on the Burlington Street corridor are visually defined by contemporary, freestanding, relatively large-scale buildings that combine retail space on the ground floor with apartment living on the floors above.This changed character is mirrored on the south side of Burlington Street where construction of new retail-apartment and commercial buildings (e.g., Hilton Gardens and MidWestDne Bank office building)has occurred. Further, the incursion of tower-type buildings (eight or more stories) constructed in the downtown commercial area have impacted the visual character. The 14-story Plaza Towers/Hotel Vetro was built in 2004. The building site was cleared as part of the City's 1970s and 1980s urban renewal program and remained a parking lot until construction of the 2004 building. The building's height and materials are reflective of a changing aesthetic in the downtown commercial area. The 14-story, steel-frame, glass-sheathed tower known as Park@201 (201 E. Washington Street) was completed in 2014 on the former site of the 1970s Dain, Kalman& Quail Building. The 2001 construction of the Vogel House at 229 Iowa Avenue required demolition of an 1898 building of the same name. In summary, the Iowa City Downtown Historic District is representative of the nature of commercial properties in that the district illustrates evolution and change. The district provides a tightly developed grouping of historic buildings that tell the wide-ranging story of the establishment of early commercial buildings, their loss and alteration, and the ongoing infiltration of new properties that either rose on vacant lots or replaced earlier buildings. The buildings of the district represent a wide array of architectural styles, which include the design work of several significant architects and the workmanship of contractor/builders and artisans. The district exists today as a economically vibrant commercial center and community gathering place with the historic character of its resources central to its success. Section 8 page 62 United 5ta��aiBnf�r2023 AUG 23 5:50 PIV � CLERK OF DISTRICT COLW9e 63 of 97 National>7a 5eIT I ational Register of Historic Places Registration arm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Criterion Consideration G: Urban Renewal and the Better Iowa City Project Urban renewal was a U.S. government funded program initiated to stem what was seen as the deterioration of inner cities across the country. The seeds of that deterioration were planted in the years between the World Wars with some early redevelopment undertaken in the late 1930s and 1940s.It was,however,federal legislative action that lit the fire under urban renewal. Beginning in the 1950s and stretching through the following two decades, thousands of projects targeting so-called blighted neighborhoods, freeway construction, and commercial downtowns were completed in cities large and small, with the American landscape irreversibly altered. Large-scale "redevelopment" projects were first undertaken in the interwar periods. Aimed at clearing out what had been identified as blighted inner-city neighborhoods,projects were completed in New York City and Chicago during that period. Rehabilitation of the 1858 New York City's Central Park was one such, federally-funded project intended to elevate conditions of the inner-city. The project was completed under the management of Park Commissioner, Robert Moses who would become an outspoken and forceful advocate for urban renewal in New York City.'1 In the late 1930s and into the 1940s, redevelopment projects began to appear in cities across the country with most focused on slum clearance. Such projects were implemented by local housing authorities, which directed the demolitions and reconstruction. During this period, concerns around the deterioration of downtown where largely confined to articles published in trade journals read by city planners, administrators, and other urban specialists.'z The Second World War signaled a rising public awareness of urban problems and sense of impgpding downtown crisis.Declining property values, empty lots,traffic congestion,waning retail sales, and shabb3r':;juildings fed into the growing concerns. Black consumers had increased their presence in the downtown, bT, ,nost downtown executives and public officials, however, rebuffed the opportunity to build on the existing-A.-frican.American consumer. Redevelopers persistently argued that the residents of"slums"adjacent to the-dowirgwn thelratened to "cheapen"and ultimately destroy the vitality of urban commercial life.With that view,developers instead courted the white middle class.'3 Passage of the GI Bill in 1944 fueled suburbanization.The legislation,which guaranteed Veterns Administration (VA) mortgages to returning soldiers, resulted in construction of large tracts of housing marVeted under the GI Bill. Suburbs sprang up at the edges of existing communities, establishing neighborhoods beyond the historic downtown commercial areas. Because the GI Bill favored the white veteran, the suburbs were populated by whites. Planned communities like Levittown, New York transformed farmland into cities housing tens of thousands of families in just a few years. A scaled-down version of Levittown appeared in communities across the country. The deterioration of the inner city was deeply impacted by this "white flight"to the suburbs and the conditions only grew more critical as federal funding expanded in the coming years. In 1963 the famed African American novelist, James Baldwin aptly named urban renewal "Negro Removal"." By the late 1940s,the ideal of Main Street as a unified, well-managed retail corridor had become instead"volatile and complex"leaving it no longer the presumed center of commercial life; investors began to give up on the idea " https://www.centralparknyc.org/park-history.Retrieved 07/10/2020. 12 Alison Isenberg Downtown America.A history of the place and the people that made it(Chicago,IL:University of Chicago Press,2004), 168. 3 Ibid., 167. 14 Interview of James Baldwin by Kenneth Clark.Available online at https://www.youtube.com/watch?v=T8Abhj 17kYU.Retrieved 07/23/2020. Section 8 page 63 United St �a&&lbfe&r2023 AUG 23 5:50 P"� CLERK OF 1)1STRICT CCI ge 64 of 97 National Park Service 1 atfonal Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State that Main Street could satisfy the commercial needs of the American public.15 The Housing Act of 1949 (Taft- Ellender-Wagner Act), infused federal money into redevelopment of the inner city. Federal loans were available to cities for the acquisition of land for the purpose of clearing slums. The cleared land was then sold to private developers following an official plan created by the municipality. Initially, these funds targeted housing projects. The money also covered two-thirds of the city's costs over the sale price of the land and funded large-scale public housing across the country.'6 The country's first major city to undertake a "modern" redevelopment project was Pittsburgh, Pennsylvania. Begun in May of 1950 and completed some 18-years later. The redevelopment included construction of office tower, a hotel,underground parking, a luxury apartment building, a park, and a sports arena. The development(a primarily privately funded undertaking), located in the area known as the Golden Triangle, resulted in the demolition of 133 buildings spread over 59-acres. By many accounts, the project is an example of the successful redevelopment project of the era.17 The term "urban renewal" came into use with the 1954 amendment of the Housing Act. The new terminology was applied to define a broader and more comprehensive approach to the problems of slurrt§y and blight.18 The amendment made projects more enticing to developers by, among other things, providing ni-o tgages backed by the Federal Housing Administration(FHA). The Housing Act allocated up to 10-percent of e' eral capital grant funds for renewal of non-residential areas. This change in scope led to the expansion of-do,`vhtown commercial urban renewal projects.19 The public's perception of urban renewal goals in 1954 ►vas summarized by Eisenhower's Housing and Home Finance Agency(HHFA) chief,Albert Cole who noted that if,"you went about the country asking various people what urban renewal is all about, you would be told th4t urban xenewal is intended to save downtown business, or to clear up traffic congestion, or to restore worn-ouf4reas to-the tax rolls, or to create the City Beautiful, or to get rid of unsightly slum buildings."That laundry list be4me a sort of mantra repeated in communities everywhere.20 1954 was also the year in which the U.S. Supreme Court upheld the general validity of urban redevelopment statutes in the landmark case, Berman v. Parker. The court's decision found that private property could be taken for public use with just compensation, by arguing that the problem of large-scale blight needed to be addressed by a large-scale integrated redevelopment plan. Justice Douglas wrote, "If owner after owner were permitted to resist these redevelopment programs on the ground that his particular property was not being used against the public interest, integrated plans for redevelopment would suffer greatly."21 Prior to the ruling,public use was the only reason for which the government could seize private property. With the ruling, it became possible for the government to seize the property of one man, destroy it, and then sell the cleared land to some other man at a negotiated price. The Court justified this procedure on the ground that it was in the public interest.22 In 1956 the Federal-Aid Highway Act empowered the state and federal government with total control over new highway construction, leading to the razing of broad swathes of historic inner-city neighborhoods to accommodate the path of a new roadway. Often these neighborhoods were historically black; the Rondo Neighborhood in St. "Isenberg, 164. 16 James O.Wilson,ed., Urban Renewal. The Record and the Controversy(Cambridge,MA:M.I.T.Press, 1966), 84. 11 Dan Fitzpatrick,"The story of urban renewal,"Post-Gazette News,May 21,2000.https:Hold.post- gazette.com/businessnews/20000521 eastlibertyl.asp.Retrieved 07/09/2020. 18 Wilson,96. 19 Isenberg, 171 and Wilson,99. 21 Isenberg, 170. 2] Text of"Berman et al.,Executors,v.Parker et al."October Term, 1954.Available at http://cdn.loc.gov/service/11/usrep/usrep348/usrep348026/usrep348026.pdf. Retrieved 07/15/2020. 22 Wilson,500. Section 8 page 64 United St a�l W ofit�f kFBQr2023 AUG 23 5:50 P��i -CLERK DF DISTRICT C0W9e 65 of 97 National Pa ervice 1 National Register of Historic Places RegistrMon Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Prooertv County and State Paul, Minnesota is one such example. In that case, Interstate 94 was routed through the center of the largest African American neighborhood in the city- 85%of the city's African American population lived in Rondo. The project flattened the homes of some 600 families, leaving the remainder straddling the new freeway. Numerous businesses and institutions were also demolished.23 In the construction of the new highways,white flight increased as did the deterioration of the inner-city neighborhoods. By bypassing downtowns, the commercial centers also suffered. Jane Jacobs,perhaps the first and certainly the best-known and most outspoken opponents of urban renewal, came on the scene in the early 1960s. Her well-publicized clashes with New York's Robert Moses are the things of legend. Jacobs' 1961 The Death and Life of Great American Cities advocated for renewal that is undertaken from the ground up rather than the large-scale demolitions supported by government intervention. The impact of the book and her active participation in opposing urban renewal has long been credited with creating permanent changes in the debate over the project and with the paths taken to secure the future of cities.24 By the mid-1960s, federally supported urban renewal had touched large and small cities, and its impact would �w continue to ripple nationwide even as the critiques gained force. More than 1,300 tieveloordent projects were under way and 129,000 buildings had been razed. Of the approximately 650 participating cit , more than two- thirds had fewer than 50,000 residents, and 20 percent had fewer than 10,000. Measured.in Bars, ai%estimated $3.014 million in federal grants had been spent by the end of 1962.21 Although the story:ofurl(aii renewal in small cities and towns varies from that of large-scale cities, the process for implementing a'feder-4l;Iy funded project followed the same template and the impact to fabric of historic commercial downtowns was(enparafle. Iowa Citv's"Better Iowa City Project" The seeds of urban renewal in Iowa City were sown by the late 1950s when problems associated with deferred maintenance of aging downtown buildings combined with issues of parking and traffic congestion to elevate concern and start discussion. In a tangible way,action on the topic of downtown rehabilitation began with a thesis document written by University of Iowa assistant professor of engineering, Robert Wheeler in 1960. From that time through completion of the Pedestrian Mall in 1979, the people of Iowa City discussed and debated, argued and litigated until, at last, the"dilapidated" had been cleared away and the new had been constructed. A project summary—a sort of post-mortem—was printed in 1983 as a means of recounting the depth and complexity of the challenges in Iowa City. Told through the voices of many of those that were deeply engaged in the process, the Iowa City story reveals much of the strife and pain that has long been attached to the national urban renewal era. While the story in Iowa City is much the same as urban renewal projects undertaken across the country, the community had a sense of identity that contributed to what became a thoroughly divisive undertaking.It has been observed that as a university town, the residents were "so mentally simulated from so many different facets... it made it difficult for urban renewal because of so many people with so many ideas, and they weren't afraid to express them."21 In contrast, the issue of community identity has been described as social tribalism, with each tribe, "fierce in its devotion to Iowa City and unyielding in its commitments to the future ... when it comes to community controversy, each tribe tends to overvalue its own views and under value everyone else's."27 23 St.Paul Historical Society,"Rondo Neighborhood."Available online at https://saintpaulhistorical.com/items/show/160.Retrieved 07/13/2020. za Jane Jacobs,The Death and Life of Great American Cities(New York:The Modern Library, 1993),vii. 26 Isenberg, 173. 26 The Iowa City Story: "A Matter of Opinions,"Post-project summary booklet prepared by LINK Programs,Inc.(Chicago,IL, 1983),25.Booklet available at the Iowa City Public Library,Special Collections. 27 Ibid.,5. Section 8 page 65 United St �o1El+1lhFe &r2023 AUG 23 5:50 PNi CLERK OF ❑ISTRfCT COWge fib of 97 National Park Service 1 ationaI Register of Historic Places Registratlo-n orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State As a university town with its campus adjacent to the downtown, the Iowa City commercial area had the benefit of a built-in consumer base.It has been noted that the ready market,which kept downtown businesses from hitting rock bottom,also kept the owners of those businesses from acting while the condition of their properties continued to decline. As Tim Brandt, Iowa City mayor, 1972-1973 put it, "Most [business owners] could have been operating out of a damn tent, and if they knew that two and two equals four, they had to make a profit. In some other cities the downtown business community had really bombed out and was suffering from the shopping - centers on the periphery. Had that happened in Iowa City, the downtown people would have been up in arms to protect their investments."28 Brandt makes a good point; although Sycamore Mall had opened on the south side of town (taking with it the major department stores), the proximity of the university to the downtown kept most businesses in business. Although the student and staff of the university kept the downtown businesses afloat, the presence of the university institution presented a separate, significant problem in maintaining a viable downtown. By 1960, the university was a sprawling complex of buildings which, as a State university,did not pay property taxes. That left the downtown commercial center saddled with a disproportionate, 8.8-percent of the Iowa City property tax base; the deterioration of the downtown was, in large part,the result of that burden. Coincidental to that situation, it has been noted that the deteriorated condition of the downtown was an embarrassment to the University, impacting its ability to recruit students and faculty.An active program of campus planning and beautification 11ndertaken by the university in the years prior to the urban renewal program has been cited as evidence ofeir efforts to counterbalance the poor appearance of the downtown.21 In this context, it is clear that the University of Iowa had a significant interest in the redeveloprne&}t of the Iowa City downtown, though the institution's official position on issues around urban renewal in the city wap none of neutrality. The 1960 thesis and subsequent presentation made to a series of civic groups by'University assistant professor and doctoral student, Robert Wheeler was completely independent of the University$Rministration. The thesis, prepared by Wheeler with the support of some 45 citizens, presented a plan for renewal-of the central business district that included replacing deteriorated buildings with modern ones and construction of parking facilities. The thesis sparked a movement toward the city's urban renewal program.30 In 1963 the concepts he outlined were incorporated into the improvement efforts of the newly formed"Citizens for a Better Iowa City."3 t While maintaining an official position of neutrality,the University of Iowa engaged in the urban renewal program in multiple ways. In the mid-1960s, the facilities planning & utilization department actively engaged in the planning process. The university also purchased two large parcels and several small parcels located in the designated urban renewal project area. Their investment in the parcels boosted the credits received by the City from Housing and Urban Development(HUD).12 As noted, Wheeler's 1960 thesis and series of community presentations focused community interest in the rehabilitation of the downtown. It also laid out a plan that dovetailed with the Federal urban renewal program, with large scale demolition followed by construction of new buildings as its focus. The 1963 creation of the "Citizens for a Better Iowa City" was one of many organized efforts established on one or the other side of the urban renewal issue. The Iowa City Board of Realtors established its own "Build Iowa City Better Committee" 28 The Iowa City Story,8. 29 Ibid.,2. 30 Ibid.,6. 31 Marlys Svendsen,"Historic Resources of Iowa City,Iowa:Architectural and Historical Resources of Iowa City Central Business District, 1855- 1950,"National Register of Historic Places Multiple Property Documentation Form,2000:E-77. 32 The Iowa City Story,7. Section 8 page 66 United StapEzMyN oEhk46fieDr2023 AU 23 5:50 Pf MW"CLERK OF DISTRICT C0Wge 67 of 97 National Paris Service I National Register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State in 1964 and invited the National Association of Real Estate Boards to complete a study of Iowa City's prospects. This study recommended a series of actions on housing, urban renewal strategies, campus planning, the establishment of a downtown development organization, and a downtown sign ordinance. It was also recommended that an architect be retained to design a beautification and improvement program for the four-block central core of the downtown. Iowa City's first urban renewal plan was developed in 1966 after years of public discussion and debate. This was the same year that Sycamore Mall opened on the southeast edge of town, taking Sears, Roebuck(a fixture in the downtown since 1929) as an anchor store.33 The City's urban renewal process was accompanied by heated public debate, controversy, and a slew of legal challenges. While there was consensus around the need to revitalize the downtown commercial area, the debate about how that should be undertaken was fiery. The primary conflicts centered on whether the project should be small, locally financed projects (which would keep the federal government out of the picture) or completed following a single developer concept; the negative perception that the developer was making an unfair profit; the loss of control that existed through the power of eminent domain;the poor track record for urban renewal projects that existed across the country, of which the Iowa City residents were aware; and, though it gets less attention in historical accounts, the demolition of dozens of historic buildings on the magnitude that ultimately occurred. The Downtown Businessmen's Association was organized around the issue that the revitalization should be small, locally funded projects. The group went toe-to-toe with the City Council and residents that supported the single developer approach, using a variety of tactics. In 1967 they were successful in getting an injunction based on the potential for conflict of interest found within the City Council. The injunction, whic0granted a stay in condemnation proceedings, was upheld on appeal to the Iowa Supreme Court in March 196�:Pe law supporting the group's position was then changed by the State legislature and the new condemnation prbceedings began." In July of 1970 the City announced the planned acquisition of 100 building sites.35 The slow pace of progress led to a point of no return in March of 1973. Dissatisfied with the work bompleted,the U.S. Department of Housing and Urban Development (HUD) threatened to pull out 'of dm Iowa-City project unless progress was made immediately. The agency gave the City one week to provide er2dence that the Iowa City project could be successfully completed. If the City failed, HUD would close out the project and declare it bankrupt. The threat of that potentially disastrous outcome lit the fires. The City removed 25 parcels from the original program, then called a meeting of local business people. The consensus ruled and a group of three was tasked with finding local investors to leverage attracting a developer— by that time, the history of Iowa City's urban renewal project was well known and finding a developer to jump into the fray was no easy task.36 Old Capitol Associates, led by Wilfreda (Freda) Hieronymus and Jay Oehler, was the local investor formed specifically to complete the downtown project. Hieronymus was the wife of a university professor, a mother of five, and a real estate investor who started trading in the stock market from her kitchen table. Jay Oehler was a local businessman with a keen interest in the rehabilitation of the downtown. The pair partnered with a small group of investors to form Old Capitol Associates and entered into a joint venture with LINK Programs, Inc. out of Chicago. Lacking development experience, Hieronymus and Oehler relied on the expertise of LINK Programs and their own unflagging determination to complete the work necessary to rehabilitate the city's downtown.When 33 Marlys Svendsen,"Historic Resources of Iowa City,Iowa:Architectural and Historical Resources of Iowa City Central Business District, 1855- 1950,"National Register of Historic Places Multiple Property Documentation Form,2000:E-77. 3a The Iowa City Story,4. 35"100 Business Sites Will Be Acquired,"Iowa City Press Citizen,July 31, 1970:3. 36 The Iowa City Story, 8. Section 8 page 67 United St a€9hhiE br2023 AUG 23 5:50 PE t"%W� CLERK OF DISTRICT COW9e 68 of 97 National Par Service i National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of ProRnCounty and State the dust finally settled,the pair would be praised by some and vilified by many for their role in the urban renewal program.37 More lawsuits followed the establishment of the joint venture. In 1974 suits were filed challenging the findings of the environmental impact statement for the project and the nature of the contract between the City and Old Capitol Associates; both were eventually dismissed. In municipal elections that year, voters turned down a referendum to authorize the use of general obligation bonds for urban renewal expenditures. Later that year demolition work began on a total of 11-acres of downtown property. The Old Capitol Mall was later constructed on the portion of the urban renewal area west of S. Clinton Street; with no historic fabric retained and the only existing resource dating to 1981, it is not included in the Iowa City Downtown Historic District. Figure 10. S. Clinton Street Demolitions— 1974 __T Tr r j J Jay (Source: Iowa City Public Library,Urban Renewal special collection.) The most concentrated area of demolitions occurred west of S. Clinton Street(outside the historic district boundaries). In this view looking north on Clinton, we see the demolitions underway. Old Capitol Mall was constructed on this site. By most accountings,the mall is considered a failure. Demolitions on the east side of S. Clinton Street(within the boundaries of the historic district) were completed in a slightly more surgical manner. Some nine buildings on E. College Street and moving north along S. Dubuque Street were razed to make way for Plaza Centre One. A block of buildings on E. College Street between S. Dubuque and S. Linn streets were razed. Outside those concentrated areas of demolition, targeted "dilapidated" buildings were razed. For businesses located in buildings slated for demolition, those that opted to remain in the downtown were relocated to temporary modules located along S. Clinton Street. Others moved out of the downtown to neighborhood or suburban locations, while others closed permanently. 37 The Iowa City Story, 8. Section 8 page 68 United SV ervrc e 1 a moEhlihb ir2023 AUG 23 5:50 Pl t—"W" CLERK CF DISTRICT CO�T90 69 of 97 National Par tionalfa Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 11. E. College Street and S. Dubuque Street— 1970s i q r irr�eE" a I^ (Source:Iowa City Public Library, Special Collections,Urban Renewal.) In this view looking north along S. Dubuque Street from E.College Street we see five of the l Vdings(corner at left to the alley)that were razed to accommodate construction of Plaza Centre One. Gratefully;-the�ational Register listed 1856 Franklin Printing (yellow building just north of the alley)escaped the wrecki4y ball.l - Figure 12. Plaza Centre One Under Construction— Spring, 1978 ��t _ L ■ iF _ ;ter r r Lk (Source:Iowa City Public Library,Urban Renewal special collection.) Section 8 page 69 United St a��of3h€MhE&r2023 AUG 23 5:50 P"EI t CLERK OF DISTRICT COL0Tge 70 of 97 National Par Serv1ce 1 ational Register of Historic Places Registration orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Efforts to stop the urban renewal project didn't end even after the demolition was underway.A fourth lawsuit was filed in 1976 challenging the bidding and nature of contract negotiations between the City and Old Capitol Associates. At the heart of the action was the singularity of the development contract. Local forces held that _ contracting with a single developer was unfair to smaller, individual developers and limited the possibilities for the project generally. The suit was successful and the contract with Old Capitol Associates was set aside. At this time, and with a new city manager in place (the fourth employed during the urban renewal period), the City ` returned to the drawing board with a new consultant - Zuchelli, Hunter and Associates (ZHA) of Annapolis, Maryland.38 In late 1976, a modified urban renewal plan was commissioned and in early 1977 it was accepted by the City Council. It called for a further scaling-down of development, smaller parking ramps, land to be dedicated for the construction of a new public library, and central to the point of opposition, the division of the 11-acres of urban renewal parcels into clusters of sites or individual sites for development. This approach toward division of the parcels was intended to create competition on parcel prices and a division of responsibility for,-rertewal,projects between several developers/owners. That plan was only partly successful. Notably, the Colleg&Alock Building, which, by invocation of Federal historic preservation laws, had been spared demolition in the;earlier_stages of urban renewal. - Directly in the path of the wrecking bail,the successful rehabilitation of the College Block marked a"critical battle won in the heart of the city's urban renewal area. Situated on College Street,the 1878 building was---sited adjacent to three of the central components of the urban renewal plan: 1) the pedestrian mall, 2)PIa'za Centfi One, and 3) the site proposed for a hotel at the intersection of College and Dubuque streets.Despite being an excellent example of the Italianate style in a commercial building, the College Block was viewed by advocates of the urban renewal program as irretrievably deteriorated. Developer Freida Hieronymous herself stated, "the College Block Building is of negative value; the value is in the land rather than the structure. I can't feature it to be economically feasible to save the building as a whole. The brick is crumbling, the roof leaks,there's been substantial water damage. It's not very realistic to me to try to save a building that has not been maintained."" Slated for demolition as part of the City's urban renewal program, the College Block was saved from destruction with its July, 1973 listing on the National Register of Historic Places, an undertaking completed by the State Historic Preservation Office. When the City learned of the designation, plans for the building's demolition were halted.4° The City then deleted the property from the list of properties available for demolition, thereby making the College Block available for purchase and rehabilitation by a private interest. Surprising to some(undoubtedly, Freida Hieronymous among them), but not to others, the building became the hottest parcel among the city's urban renewal holdings; the eventual owner, Ed Zastrow was one of eleven to bid on it. Zastrow predicted that "within three to five years, College Street will be the hottest service street in Iowa City." Following an approximate $200,000 rehabilitation, the businessman moved his restaurant, Bushnell's Turtle, into the rehabilitated building in September, 1978.41 The College Block remained part of the urban renewal conversation long after its rehabilitation was complete. Given its age and historic status as a National Register listed resource, the building became part of the story 38 Marlys Svendsen,"Historic Resources of Iowa City,Iowa:Architectural and Historical Resources of Iowa City Central Business District, 1855- 1954,"National Register of Historic Places Multiple Property Documentation Form,2000:E-77. 39"College Block Building:Renewal'claims'landmark,"Daily Iowa(Iowa City),October 09, 1975:02. 40"Historical Status Saves College BIock,"Iowa City Press-Citizen,August 02, 1973:01. 41 loxes City historic 13•eservalion Plan,prepared by the Iowa City Historic Preservation Commission for the City of Iowa City,2008 and"College Block:Renewal work begins,"Iowa City Press-Citizen,December 27, 1917:01. Section 8 page 70 United Sta� oE'gh fiar2023 AUG 23 5:50 P�W" CLERK OF DISTRICT COlPV9Q 71 of 97 !National Par erv�ce l ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State involving the planning and construction of the hotel proposed for the site immediately the east. Ongoing discussions around construction of the new hotel required consultation with the State Advisory Council on Historic Preservation, which kept the State actively engaged in protecting the National Register listed College Block. In 1983,the State historic preservation officer voiced concerns that the hotel design might have an"adverse aesthetic impact"on the College Block.42 The following year, with the new hotel under construction, Ed Zastrow lodged complaints against the hotel stating the developer was trespassing on his land by extending steel tie rods from the hotel property underneath the College Block without permission. Additional allegations of damage to the College Block resulting from the hotel construction were also carefully monitored by both Zastrow and the State.43 The dispute over cracking and settlement at the College Block was eventually settled, allowing construction of the eight-story hotel to proceed and the final piece of the City's urban renewal program to be completed; the Holiday Inn opened in 1985.44 Local preservationists scored a number of important victories during the period. "Old Brick" has been locally described as the centerpiece of the early preservation movement in Iowa City. Constructed in 1856 as the First Presbyterian Church, the building became a lightning rod for preservation during the years of the city's urban renewal program. In 1971, with the local battle over urban renewal in the adjacent downtown commercial area actively underway for some seven years, Old Brick was listed for sale.41 Established by enactment of the National Historic Preservation Act in 1966, the National Register of Historic Places was still in its infancy at the time the future of Old Brick became a serious concern. The potential benefit of saving the building by listing it on the National Register certainly appealed to the local preservation advocates determined to protect the historic resource.The establishment of the Iowa City Architectural fliMtage Committee in 1968 established another layer of advocacy in the city's preservation arena.The group's workfocused attention on historic buildings threatened with demolition, including Old Brick. Their efforts contributed significantly to the preservation of multiple significant buildings and their work led to the registration of twenty-six:resources (buildings and/or districts)between 1968 and 1980,the period in which urban renewal in I"owa City was operating at full throttle. The National Register nomination for Old Brick was completed and the building listed in August, 1973. As the nomination stated in the case for significance, the church is "an early and unusual example of'the Romanesque Revival" and expresses "the culture enjoyed by the Middle West between the pioneer period and the Civil War." As a building dating to the earliest years of Iowa Statehood, the building was at the time the nomination was prepared in 1973, and remains today, a locally rare example of architecture from that period.46 The battle to save Old Brick,however, did not end with the acknowledgement of its significance by listing on the National Register. In the years between being listed for sale in 1971 and 1978, negotiation and legal action continued over the future of the building. Ultimately, negotiations involving local groups formed to save the building, the State Board of Regents (which had an option to purchase the land upon which the building was sited), and a local bank led to a successful transfer of ownership into hands committed to preserving Old Brick. The 1977 move of the State Historic Preservation Program headquarters into Old Brick was a fitting conclusion to the battle required to save it. As reported in June, 1977, 4'-"Hotel grant application needs more detail,U.S.officials say,"Iowa City Press-Citizen,May 14, 1983:02. l 43"Report:New hotel`moved'Bushnell's,"Iowa City Press-Citizen,March 15, 1984:01. as"Dispute resolved over hotel,cracks,"Iowa City Press-Citizen,April 11, 1984:01. 45 Iowa City Historic Preservation Plan. 4e Mrs.Joseph E.Baker,"First Presbyterian Church of Iowa City,Iowa,"National Register of Historic Places Nomination, 1973. Section 8 page 71 United staFa o6h€hhFe�hr2023 AUG 23 5:50 P, -CLERK OF DISTRICT COt ge 72 of 97 National Park Serwce 1 ational Register of Historic Places Regist"In orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State "The Old Brick controversy festered in Iowa City during a period when a cross-current of activity took place that has reshaped the downtown and the central University of Iowa campus. On the one hand, federally assisted urban renewal has wiped out many of the old buildings that once gave Iowa City much of its charm. On the other hand, $1.6 million was pumped into restoration of Old Capitol—one of the most successful preservation projects of its _ kind.Old Brick served as a rallying point for those who wanted to save what Iittle was left of pre-1900 Iowa City. Old Brick is now slated to become a working example of adaptive re-use, a concept at the heart of genuine historic preservation. ,41 By establishing its headquarters in the historic building, the State Historic Preservation Program was able to highlight the successful outcome and illustrate the value of historic preservation seen in Old Brick, which the agency held up as "a shining example of how an old building can become productive again and not simply be turned into a museum."48 Although never directly in danger of demolition,the restoration of Old Capitol was a timely and highly successful example of historic preservation in Iowa City. While Iowa was still a territory (1842-1846), the last four Iowa legislatures were housed in Old Capitol, with the University of Iowa created in the building just 59 days after Iowa achieved statehood. After Des Moines became the state capitol in 1857, Old Capitol was traxisferred to the University and was used as central administrative offices for many years. In 1971, a project b undertake a restoration of Old Capitol was underway under the direction of Dr. Margaret Keyes of the Uni�rsity's Home Economics Department. The multi-year project involved restoration of the exterior axtd intci-b-'or as well as establishment of museum facilitieS.49 Listing on the National Register was completed in 1972 Md the building was designated a National Historic Landmark in 1976. The Landmark designation coincided with the building's reopening on July 4, 1976 after completion of the six-year restoration. = With these three major accomplishments, the establishment of a Heritage Preservation Col�nittee, and the registration of more than two dozen historic resources, the Iowa City preservation movement established itself as a force that provided significant balance to the losses wrought by urban renewal. These early efforts laid the foundation for the preservation work that followed over the subsequent decades and which remains an active force to this day. While the work of the State and local preservationists was underway,the urban renewal program continued toward completion. Several urban renewal parcels were withheld by the City until interest surfaced, or bid prices offered were increased.50 One parcel on the south side of E. College Street at S. Linn Street remained vacant until 2004 when the Plaza Towers/Vetro Hotel was built.51 Ultimately the joint venture developers(Old Capitol Associates and LINK Programs) completed the majority of the redevelopment work, including Plaza Centre One (1978) and Old Capitol Mall (1981). The first urban renewal program building to be placed in service was Things & Things & Things. Originally located in the Pusateri Fruit Store building on S. Clinton Street that burned in January of 1970, construction of a replacement building was quickly adopted as an urban renewal project and its completion in late December of that same year was celebrated as an early indication of the program's potential long-term success.52 47"How being`sinful'paid off for Joe and Matilda Baker."Des Moines Register,June 12, 1977:05. 48 Ibid. 41"Old Capitol Restoration Supported."Iowa City Press-Citizen.October 15, 1971:37. 50 Ibid.,E-78. 51 "Plaza Towers,"Iowa Site Inventory Form,2018.Available From the City of Iowa City. 52"Things&Things&Things,"Iowa Site Inventory Form,2018. Available from the City of Iowa City. Section 8 page 72 United Stapes o&&l61E&br2023 AUG 23 5:50 PME"WftN2-CLERK OF DISTRICT COLWge 73 of 97 National Park Service 1 National Register of historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Construction of Plaza Centre One was underway in late 1977. The design and construction of the five-story, steel frame and masonry building must have been closely watched by those opposed to urban renewal because of the price paid in the loss of so many historic buildings." Some ten buildings sited within the boundaries of the Iowa City Downtown Historic District were built as part of the urban renewal program; of that number, six remain extant and one, the Holiday Inn, was not completed until 1984 and is thus outside the period of significance. Through the passage of nearly 50-years,the buildings and the Pedestrian Mall have become integral to the historic fabric. They are as much part of the Io,,,v4 City historical legacy as those that preceded them and singular in their ability to illustrate the history ancompact of urban renewal. a Figure 17. Urban Renewal Destruction— 1971pow- `a TWI C.) -- y y � r■ �racer —�. (Source:Iowa City Public Library,Urban Renewal special collection.) In this view,which pre-dates the pedestrian mall, we are looking southeast across S. Dubuque Street near the intersection with E. College Street. The large parking lot was located on cleared urban renewal parcels. The land remained undeveloped until 2004; it is now occupied by Plaza Towers/Hotel Vetro. The Urban Renewal Pedestrian Mall Across the United States, suburban, white flight during the 1960s and 1970s, caused cities to seek out a variety of urban renewal strategies to bring economic development back to the core of the city and to support the rehabilitation and/or replacement of deteriorated commercial buildings. In communities of all sizes,the economic impact of the suburban shopping mall, which syphoned off retail sales from the historic downtowns,presented a particular challenge. In an effort to draw them back, planners embarked on the experiment of the American pedestrian mall. It has been estimated that some 200 pedestrian malls were installed during the period from 1959 through about 1980. The pedestrian mall adapted several successful architectural and landscape elements from the suburban shopping center such as fountains, lighting, wayfinding and combined those with features that created a sense of intimacy and natural enclosure that enticed shoppers and encouraged them to linger. By the 1990s many pedestrian malls had been determined failures and removed, with only 15 full, urban renewal era ss"Plaza Centre One,"Iowa Site Inventory Form,2018.Available from the City of Iowa City. Section 8 page 73 United 5t a ofih�hh�ar2023 AUG 23 5:50 PN M[�-CLERIC OF DISTRICT COWge 74 of 97 National Par Servsce 1 ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State pedestrian malls retained by 2013.54 The Iowa City Pedestrian Mall became the centerpiece of the finalized plan for the city's urban renewal program. The mall was immediately successful, becoming a social and cultural gathering place as well as a primary factor in establishment and retention of commercial business in the downtown; it is today, one of the 11 urban renewal era malls retained in the country and the on%one that exists in the state of Iowa. Pedestrian Malls-Leading Designers - A pair of designers are most prominently associated with the design of pedestrian malls. Although-'_Tictor Gruen and Lawrence Halprin were trained in different disciplines and approached the design of pedestrian malls from significantly different perspectives, the work of both left a lasting impact on the American 16ndseape and influenced the work of others in the field. While a number of the designs of each have been alterd&or removed, significant examples are retained and, for those that are non-extant, the historical record provides an important understanding of both the designers' work and the works impact on the specific location and the larger community. Victor Gruen(1903-1980)was a self-described"environment architect",the promoter of new forms for American retailing, and a prolific writer. Having fled his native Austria in 1938, Gruen landed in New York City, where he quickly became known for bringing a new aesthetic to the design of upscale retail stores. His theories for the modernization of store design spread across the country during the war years. In 1941, Gruen moved to Los Angeles where, in 1951 he founded the architectural firm of "Victor Gruen Associates." Gruen designed Southdale Shopping Center in Edina, Minnesota (a suburb of Minneapolis), which was completed in 1959. Southdale was the first fully enclosed shopping center in the country and its construction transformed the American shopping experience;the tremendous success of the suburban shopping center contributed significantly to the deterioration of downtown shopping areas in cities across the eountry.ss Victor Gruen also became deeply involved in urban renewal projects across the U.S., believing that the combination of the reform of retail and the reform of America went hand-in-hand with "good planning & good business [being] in no way mutually exclusive."56 He was responsible for the design of the country's first urban renewal era pedestrian mall at Kalamazoo,Michigan,which was completed in 1959.Part of a larger urban renewal effort designed by Gruen, Kalamazoo's Burdick Mall was hailed across the country as "America's premier pedestrian mall" with the government's United States Information Agency naming Kalamazoo as the All- American City for 1959.51 Local celebrations for its opening brought crowds of some 30,000 and trade magazines noted that the Burdick Mall "held the key to revitalization of faltering downtowns across the USA," with its, "fountains, shade trees, flower beds, closely cut grass,playground area,park benches, and multi-colored concrete block walkways."" As Gruen proceeded with similar (and highly successful) projects in Fort Worth, Texas and Rochester, New York, he also brought his growing expertise to a wider audience by writing The Heart of Our Cites, which considered America's urban crisis and his proposed solutions to that crisis.59 Lawrence Halprin (1916-2009) was among the foremost landscape architects of the twentieth century. His firm, Lawrence Halprin&Associates,established in San Francisco in 1949,initially focused on the design of residential gardens, campuses, and housing projects. By the mid-1960s, however, the firm had become renowned for the sa Cole E.Judge,The Fmperimertt of American Pedestrian Malls,Research paper for the Fresno Future Conference, 10/11/2013. ss M.Jeffrey Hardwick,Mall Maker; Victor Gruen,Architect of the American Dream(Philadelphia,PA:University of Pennsylvania Press,2004),4. se Hardwick,4. s'Ibid., 195. 58"Early Verdict on Burdick Mall:It's a Big Success,"Kalamazoo Gazette,March 20, 1958. 59 Hardwick,207. Section 8 page 74 United StapoftiigldbffLr2023 AUG 23 5:50 PIVi �CLERK OF DISTRICT CO ge 75 of 97 National Par ervice 1 ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State design of major urban landscapes including parks, plazas, and pedestrian malls. The design for Main Street Mall in Charlottesville, Virginia was completed by Halprin in 1976; it converted an eight-block length of the city's historic main street from vehicular to pedestrian only traffic. The pedestrian mall featured a 60-foot,brick-paved walkway with outdoor seating and several small fountains. Construction of the pedestrian mall and the rehabilitation of the shops along its length was intended to revive a retail strip in the city's downtown and, although not successful for nearly 20-years, the pedestrian mall eventually became and remains a vibrant civic space with trendy restaurants and boutiques.60 Halprin is also responsible for designing Nicollet Mall in downtown Minneapolis, Minnesota, completed in 1967. Halprin's design was an eight-block, curving, tree-lined,pedestrian only mall. Re-designed in 1990, the mall was converted to accommodate public transit, a form it retains today. Nicollet Mall remains a centerpiece of the Minneapolis downtown.61 Pedestrian Malls—Types and Counts The number of pedestrian malls constructed in the U.S. has been reported by numerous investigators as approximately 200. Although sometimes stated as a number confined to urban renewal era pedestrian malls (1960s-1970s), a broader review of sources suggests that the number of 200 includes pedestrian malls built as early as 1831 (Exchange Place in New Orleans) through the 1990s (1994, Freemont Street Experience in Las Vegas) and therefore not associated with urban renewal. One investigator refers to pedestrian malls constructed 1959-1970s as "first generation". 62 Various studies of the pedestrian mall categorize the feature into three categories. The "transit mall".involves conversion of an existing roadway in order to elevate the pedestrian experience, however;:tram4it traffic (public buses, taxis, and/or light rail) is retained. The transit mall typically limits parking,_has=widened streets, and landscaping designed to create a specialized character. Nicollet Mall in Minneapolis, Minnesota is one.example of a transit mall that is commonly referred to as a pedestrian mall. = The second type of pedestrian mall is the "semi-mall", which is characterized by a reduction ill vehicular traffic and parking rather than its elimination. Like the other two types, the semi-mall incorporates tk a enhancement of pedestrian-friendly features including widened sidewalks,benches, lighting, and other amenities.63 Denver's 16' Street Mall has been categorized as semi-mall and as a transit mall, depending on the source.64 The term"full mall"indicates a pedestrian mall that is completely closed to vehicular traffic. The pedestrian mall is typically created by laying new pavement to create a level area and the addition of trees, furnishings, and other amenities such as fountains and sculpture created a visual continuity and a sense of place for the downtown.65 The Iowa City pedestrian mall falls into this category. The following discussion regarding pedestrian malls addresses the full mall specifically. Multiple investigations have identified the country's pedestrian malls and, when found to be extant, evaluated their degree of success. The accuracy of those numbers remains unclear, largely due to the variety of types of pedestrian malls and inconsistent methodology adopted to count, type, and evaluate the resources. The most recent known report on the subject dates to 2013. Conducted for the purpose of evaluating the pedestrian mall for its potential effectiveness as downtown economic tool in the city of Fresno, California, that report states that of 6'https://tclf.org/sites/default/files/microsites/halprinlegacy/charlottesville-mall.html.Retrieved 07/10,2020. 61"A new Nicollet Mall?It's a contest,"Minneapolis Star Tribune,April 16,2013. 62 Kent Robertson,The Status of the Pedestrian Mall in American Downtowns,Research article,December 1, 1990.Available online at https://wwwjoumals.sagepub.com. 63 Harvey Rubenstein,Pedestrian Malls,Streetscapes,and Urban Spaces(New York:John Wiley&Sons, 1992),21. 64 Ibid.and http://www.urbanreviewstl.conV2009/11/north-america-cities-that-have-or-had-a-pedestrian-mall.Retrieved 06/25/2020. 61 Rubenstein,21 Section 8 page 75 United 5taPEq4TM o6tr's€hLiE&2023 AUG 23 5:50 P%1"gftNt CLERK OF DISTRICT CDLWge 76 of 97 National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State the approximate 200 pedestrian malls constructed in the U.S., only 15 considered "successful" were extant in 2013.66 Because the report provides the most recent study of pedestrian malls, it has been used as the primary source for understanding the significance of the Iowa City Pedestrian Mall with an eye on identifying those resources considered"first generation" (Table 01). Table 01. Summary of Successful Pedestrian Malls" State Pedestrian Mall City Date Mall Success 2020 Finding Name Length Indicator California Third Street Santa Monica 1965 3 Blocks Beach Extant Promenade 1989 Colorado Pearl Street Mall Boulder 1977 4 Blocks University Extant Florida Lincoln Road Mall Miami Beach 1960 8 Blocks Beach Extant Iowa (City Plaza) Iowa City 1978 4 University Extant Pedestrian Mall Blocks -; Louisiana Exchange Place New Orleans 1831 1 Tourism Exfarit Block Non-Urban ReRewaI Louisiana Fulton Street New Orleans 1984 1 Tourism Temporary fo-4984 World's Block Fair,then not f gctiorling until recently Maryland Downtown Cumberland Late 3 Blocks Tourism Extant Cumberland Mall 1970s _ Massachusetts Front Street New Bedford n/a 3 Blocks Beach Appears to be Non-Extant Massachusetts Inn Street Mall Newburyport 1974 1 Beach Extant Block City Urban Renewal Nevada Fremont Street Las Vegas 1994 5 Blocks Tourism Extant Experience Non-Urban Renewal New Downtown Mall Lebanon Late 1 University Extant Hampshire 1960s Block New York Jay Street Schenectady 1960s 1 University Extant Pedestrian Block City Urban Renewal Walkway Rhode Island Long Wharf Mall Newport Late 1 Beach Extant 1960s Block Cily Urban Renewal Vermont Church Street Burlington 1981 4 Blocks University Extant Marketplace 1994 Conceived in 1958 Virginia Main Street Charlottesville 1976 8 University Extant Downtown Mall Blocks e6 The latest known study dates to the 2013 report completed by Cole E.Judge for the Downtown Fresno Partnership. 67 The data provided is taken from Judge's 2013 report with contemporary status noted. Section 8 page 76 United Stap�oEh9kE-&2023 AUG 23 5:50 PIVt1��CLERK OF DISTRICT C0L�Tge 77 of 97 National Park Service t ationaf Register of Historic Places Reglstratlon Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Regardless of any confusion regarding accounting for the different types of pedestrian malls constructed and retained, the high rate of their removal (return to vehicular traffic) is clear. In 2005, the Community Land Use and Economics Group,LLC(CLUE Group)reported that most downtowns found that construction of a pedestrian mall hurt downtown business rather than provided the desired economic boost. In that year, the CLUE Group found fewer than two dozen downtown pedestrian malls were retained in the U.S. In 2008, it was reported that 85% of the original 200 pedestrian malls had been removed, leaving only 30 extant at that time.68 In the 2013 feasibility study directed at the Fulton Pedestrian Mall in Fresno, California,the country's pedestrian malls were evaluated for their degree of success. Those retained and categorized as"successful"shared a number of characteristics including a varied mix of uses and activities; a large population of"captive" used (downtown residents and/or workers); efficient public transit; heavily programmed events and activities; strong anchors that drew pedestrians; centralized and coordinated retail management; located in a college town; well-planned and extensive parking in close proximity; located in an area of high tourism; and frequent and thorough upgrades.69 the study's author reported that of the 200 pedestrian malls, only 15 remained that could be categorized as successful; the Iowa City Pedestrian Mall being among that group of 15.70 A closer examination of the list of 15 found that at least 3 of the 15 do not represent "first generation" pedestrian malls and one appears to be non- extant, leaving the Iowa City Ped Mall as one of the country's 11 remaining, urban renewal era, full pedestrian malls. The Iowa City Pedestrian Mall- 1979 ; When the City returned to the drawing board to revive their urban renewal plan with planning cotsultnt Zuchelli, Hunter and Associates (ZHA) in 1976, development of a pedestrian mall along two blocks of-College iSyreet and one block of Dubuque Street was integral to the new consultant's plan. The conversion of roadways to-pedestrian malls had, by that time, become a popular feature of urban renewal projects across the country, with varying degrees of success.71 In June of 1976, the City Council announced that parts of College aril Dubuque streets would be closed for the summer as sort of a test run for the idea of a pedestrian mall. The Council remained uncommitted to the idea,but the notion remained under consideration as the City and its new consultant reviewed the 1969 renewal plan with the intention of updating it through the elimination of concepts that had since become "outmoded."72 In a report presented to the City by ZHA,the firm stated that stores located on the pedestrian mall along E. College and S. Dubuque streets could expect some gains in retail sales. As ZHA noted, in other cities, "malls either contributed to increased sales or significantly reduced the downward historical spiral of sales in the downtown area."Further, "with local commitments, the mall concept is an appropriate one for Iowa City and lends valuable market support to adjacent urban renewal properties." Also at play in the City's decision-making regarding the pedestrian mall issue was a previous agreement made with Old Capitol Associates (developer of Plaza Centre One) in which the City agreed to close the roadway in front of that building.73 With landscape designer Jack Leaman of Associated Engineers,Mason City, Iowa onboard in 1977, design plans for the pedestrian mall were underway. Voices of Iowa City residents contributed to the final design, which ea Judge,3. 69 Judge, 14. 70 Ibid., 15. 71 "It's a Fact,"Iowa City Press Citizen, October 08, 1974: 12. 72"Council acts on renewal...and street closure,"Iowa City Press Citizen,June 22, 1976:01. 73"Less downtown development hinted,"Iowa City Press Citizen,December 09, 1976, 1. Section 8 page 77 United St� ofiinglibiE r2023 AUG 23 5:50 PIVO3 NNW -CLERK OF DISTRICT COiw�i'ge 78 of 97 National Par Service t ational Register of Historic Places Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State incorporated one of the mini-parks (Black Hawk Minipark) that had been created by a local group in an effort to bring beauty to the downtown streets during the long period of destruction. A survey of downtown businesses and shoppers revealed that a desire for additional greenery on the mall was the issue most often expressed. Those surveyed also wanted to see room for bicycles, sidewalk cafes and small shops, and an increase in the number of - benches.74 The downtown merchants, in particular, opposed City discussion about the possibility of allowing vehicular traffic.Members of the Downtown Association voted 25 to 1 to draft a statement stating their position.75 In August of 1977, after a final review of preliminary plans, the City Council gave Leaman the go-ahead to complete a drawing set for the new pedestrian mall. The plans for the $1.8-million mall called for"a brick-paved mall with planting beds enclosed by timbers, picking up on the design of the popular Black Hawk Minipark at Washington and Dubuque streets." Council members requested a number of changes to the preliminary designs including a design for a simple focal point at the intersection of College and Dubuque; the addition of temporary structures to provide shade pending the growth of the trees to be planted; and construction of a broad set of steps adjacent to the focal point that would adjust for the change in grade as well as double as seating. Choices for kiosks, drinking fountains, telephones, and bulletin boards were also made by the Council.76 Previous reporting also noted the inclusion of a children's play area on E. College, east of its intersection with S. Dubuque and a 10- foot strip of walkway in front of stores fronting the mall to be used for outdoor sales, displays,_as activities like sidewalk cafes.77 The final design of the pedestrian mall was presented to the City Council in October of 1977?1 Although, officially named"City Plaza", the mall has long been more simply known as "the_Pedl!Nall". , Figure 13. E. College Street - 1915 w _ i Q l u, (Source: State Historical Society of Iowa,Iowa City.) In this view looking along E. College Street toward its intersection with S. Dubuque, we see the early 201h century character of the streetscape that was altered in construction of the Pedestrian Mall. I"Shoppers want green downtown,"Iowa City Press Citizen,May 31, 1977:02. 'S"Merchants oppose buses using mall,"Iowa City Press Citizen,April 09,1977:02. 76"Council:Complete drawings for pedestrian mall,"lawn City Press Citizen,August 03. 1977:02. 77"Mall design mirrors minipark,"Iowa City Press Citizen,July 26,1977:01. 78"Council okays design for pedestrian mal I,"Iowa City Press Citizen,October 18. I977:02. Section 8 page 78 United StaP�oEh9 h�F ifbr2023 AUG 23 5:50 PIV�Jf��CLERIC OF DISTRICT Cot09ge 79 of 97 National Park Service!National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 14. Iowa City Pedestrian Mall Under Construction— 1978 �Z_ F\ If K .w+ LJ� (Source:Iowa City Public Library,Urban Renewal special collection.) Construction of the Pedestrian Mall was underway in 1978. This view,looking west along E. College Street across its intersection with S. Dubuque,the work of constructing the fountain and surrounding hndscape is well underway with many of the trees planted. Figure 15. Iowa City Pedestrian Mall—ca.1979 .-tias I11 �• *11 ,7M,i (Source:Iowa City Public Library,Urban Renewal special collection.) The completed pedestrian mall featured trees and shrubbery in large-scale,timber planters;brick paving;playground area with equipment; and a focal point at the intersection of S. Dubuque and E. College streets.A multi-tiered fountain with large, steel pipe elements was affectionately referred to as "Three Women Peeing."The intersection was further accentuated by a series of terracing steps that accommodated a minor change in elevation via an artistic landscape feature. The area of focus is seen in this view looking northwest across the intersection Section 8 page 79 United StaFl�o1EhV1bJE&r2023 AUG 23 5:50 PN��CLERK OF DISTRICT Col ge 8() o f 97 National Par s"RI,l ational Register of Historic Places Registra ion orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson Count , Iowa Name of Property County and State Figure 16. Iowa City Pedestrian Mall— 1980 11 - 0' r �• (Source:Iowa City Public Library,Urban Renewal special collection.) s In this view looking southwesterly across E.Washington Street we see the north end of the Pedestrian 1 Doll with black Hawk Mini-Park occupying the open and treed parcel at left. _The three-block pedestrian mall was a downtown success almost immediately. With autornol3i&s prohibited, spaces were created for people to interact,including a fountain at the intersection of College:and Dubuque streets, shade trees, a variety of seating choices and landscaped walkways. It operated as planners had intended, serving as a centerpiece for both informal and planned downtown activities and events. Its intense use resulted in considerable wear and tear on the physical facilities of the mall, resulting in overhauls in 1990 and in 2019. Of some 200 pedestrian malls constructed in the U.S. as part of urban renewal projects, the Iowa City Pedestrian Mall remains one of only 11 retained.79 Summary As a component of urban renewal projects, the pedestrian mall was embraced as a positive respolisG to uxbaii problems including the rise of the commercial shopping center. Established in the heart of historic commercial centers, the pedestrian mall bore the potential to draw people of all ages and socio-economic levels in a space where they would find a leisurely and attractive space; the increased activity was intended to enliven declining downtowns through economic infusion and community gathering.81 By 1992, development of pedestrian malls (specifically, full malls), were already being found harder to justify given the limited success of many and the reversal of several completed in the 1960s and 1970s. While many factors played into the success or failure of pedestrian malls, the close proximity of a population such as office 79 Judge, 15. 80 Roberto Brambilla and Gianni Long,For Pedestrians Only:Planning,Design, and Management of Traffic-Free Zones(New York:Watson- Guptill Publications, 1977),9. Section 8 page 80 United Stap�oEi,hgIitfefiir2023 AUG 23 5:50 PNIElf�� CLERK OF DISTRICT COLPTge 89 of 97 National Par Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State workers and/or students was central to assuring the success of a pedestrian mall." In fact, the 2013 study found that being "near or attached to a major anchor such as a university"—as is the case in Iowa City-was a primary indicator of the success of the country's remaining pedestrian malls. Urban renewal in the United States did more in a relatively short period of time to alter the American landscape than any force or movement before or since. While the study of urban renewal remains a burgeoning area of academic study (specifically in the field of historic preservation), the physical impacts of urban renewal are plentiful, with demonstrable examples of both its positive and negative impacts. In Iowa City, the history of the urban renewal program is well-documented in local news accounts, previous historical and architectural survey and evaluation projects, city files, photographic collections held by the Iowa City Public Library and local historians,and in the still vivid memories of the citizens who lived through the 20-year project in their community. Six buildings constructed as part of the urban renewal program are retained in the Iowa City Downtown Historic District; another three or four have since been replaced by new buildings. The Pedestrian Mall,the centerpiece of the Iowa City urban renewal program, remains a vibrant and rare example of the successful application of that urban renewal tool. None of the urban renewal resources meet the 50-year recommended age for registration. However, each contributes to the historical and architectural significance of the Historic District, providing an understanding of the impact of urban renewal on the American downtown that cannot be understood by any other means. In this way, the resources are exceptional and therefore meet the requirement of Criterion Consideration G. 81 Harvey Rubenstein,Pedestrian Malls,Streetscapes,and Urban Spaces(New York:John Wiley&Sons, 1992),225. Section 8 page 81 United Stap�0Eih9hi�CEbr2023 ALJG 23 5:50 P"W"CLERIC OF DISTRICT-C()Wge 82 of 97 National Par Service 1 National Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District _ Johnson Count , Iowa Name of Property County and State 9. M21or Biblio ra hical References Bibliography(Cite the books,articles,and other sources used in preparing this form.) Baker, Joseph E., Mrs. "First Presbyterian Church of Iowa City, Iowa."National Register of Historic Places - Nomination, 1973. Bellushi, Jewel and Murray Hausknecht, ed. Urban Renewal:People, Politics, and Planning. Garden City, NY: Doubleday & Co., 1967. Brambilla, Roberto and Gianni Long.For Pedestrians Only: Planning, Design, and Management of Traffic- Free Zones. New York: Watson-Guptill Publications, 1977. Hardwick, M. Jeffrey. Mall Maker: Victor Gruen, Architect of an American Dream. Philadelphia, PA: University of Pennsylvania Press, 2004. Hirsch, Alison Bick. City Choreographer. Lawrence Halprin in Urban Renewal America. Ming4polis, MN: University of Minnesota Press, 2014. cn Iowa City Historic Preservation Plan. Prepared by the Iowa City Historic Preservation Coiximission for-the City of Iowa City, 2008 ;.. -1 Isenberg, Alison.Downtown America. A history of the place and the people that made it. ChiEak-'p IL: University of Chicago Press, 2004. Jacobs, Jane. The Death and Life of Great American Cities. 3rd ed. New York,NY: The Modern Library, 1993. Judge, Cole E. "The Experiment of American Pedestrian Malls: Trends Analysis,"prepared for the Fresno Future Conference, 2013. McDowell, Alexa. "Survey and Evaluation Update: Iowa City Central Business District."Prepared for the City of Iowa City and Iowa City Historic Preservation Commission, 2018. Nash, Jan Olive. "Iowa's Main Street Commercial Architecture."National Register of Historic Places Multiple Property Documentation Form, 2002. Rubenstein, Harvey M. Pedestrian Malls, Streetscapes, and Urban Spaces. New York: John Wiley& Sons, 1992. Russello Ammon, Francesca. Bulldozer:Demolition and Clearance of the Postwar T,onr-ccape. New Haven, CT: Yale University Press, 2016. Slonneger, Marybeth. Finials: A View of Downtown Iowa City. Iowa City: Hand Press, 2015. Svendsen, Marlys A. "Historic Resources of Iowa City, Iowa: Architectural and Historical Resources of Iowa City Central Business District, 1855-1950."Draft,National Register of Historic Places Multiple Property Documentation Form, 2000. Svendsen, Marlys A. "Survey and Evaluation of the Central Business District."Prepared for the City of Iowa City and Iowa City Historic Preservation Commission, 2001. Wilson, James O., ed. Urban Renewal. The Record and the Controversy. Cambridge, MA: The M.I.T. Press, 1966. Sections 9—11 page 82 United SEap�o1-t9k6F&r2023 AUG 23 5:50 Pil��CLERK OF ❑]STRICT CCL�9e 83 of 97 National Park Service 1 National Register of Historic Piaces Registration arm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Archives Iowa City Public Library. Digital photograph collection. http://history.icpl.org. State Historical Library of Iowa,Iowa City. Photograph collection. University of Iowa Special Collections. https:Hdigital.lib.uiowa.edu/atlases/index.php. Newspapers Iowa City Press-Citizen. "Historical Status Saves College Block."August 02, 1973. . "It's a Fact." October 08, 1974. Daily Iowan (Iowa City). "College Block Building: Renewal `claims' landmark,"October 09, 1975. Iowa City Press Citizen. "City hires designer for pedestrian malls."March 10, 1976. "Pedestrian malls get go-ahead."May 04, 1976. "Council acts on renewal... and street closure." June 22, 1976. "Less downtown development hinted."December 09, 1976. "Funds okayed for pedestrian malls." March 15, 1977. "Pedestrian malls bond issue planned."April 23, 1977. "Ideas available."May 10, 1977. "Council votes against mini-parks."May 25, 1977. "Shoppers want green downtown,"May 31, 1977. Des Moines Register. "How being `sinful' paid off for Joe and Matilda Baker."June 12, 1977. "Mall design mirrors minipark."July 26, 1977. "Council: Complete drawings for pedestrian mall."August 03, 1977. "Council okays design for pedestrian mall." October 18, 1977. "College Block: Renewal work begins."December 27, 1977. "Face of downtown Iowa City changing fast."August 11, 1978. "Urban renewal '79—Year of brick and mortar."December 29, 1978. "Hotel grant application needs more detail, U.S. officials say."May 14, 1983. "Report: New hotel `moved' Bushnell's."March 15, 1984. "Dispute resolved over hotel, cracks." April 11, 1984. Post-Gazette News. "The story of urban renewal,"May 21, 2000. Available online at https://old.post- gazette.com/businessnews/20000521eastliberty1.asp. Retrieved 07/09/2020. Sections 9—11 page 83 United Sta(A�a&h�Gh��r20 3 AIfG 23 5:50 R�fl�CLERK OF DISTRICT CO ge 84 of 97 National Par ervice 1 ationai Register of Historic PIaces Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Online Resources 1966 Interview of James Baldwin by Kenneth Clark. Available online at https://www.youtube.com/ watch?v=T8Abhj 17kYU. Retrieved 07/23/2020. "Berman et al., Executors, v. Parker et al." October Term, 1954. Available at http://cdn.loc.gov/service/11/ usrep/usrep348/usrep348026/usrep348026.pdf. Retrieved 07/15/2020. Central Park History. https://www.centralparknyc.org/park-history. Retrieved 07/10/2020. Kalamazoo Pedestrian Mall. https://www.kalamazoomi.com/hisf.htm. Retrieved 07/10/2020. Kalamazoo Pedestrian Mall. https://www.google.com/maps/search/kalamazoo+pedestrian+mall/ @42.2898803,-85.584599,407m/data=!3ml!1e3.Retrieved 07/10/2020. The Landscape Architecture of Lawrence Halprin. https:Htclf.org/sites/default/files/microsites/ halprinlegacy/charlottesville-mall.html. Retrieved 07/10, 2020. St. Paul Historical Society, "Rondo Neighborhood."Available online at https://saintpauthistorical=comlifems/ show/160. Retrieved 07/13/2020. Urban Reviews. http://www.urbanreviewstl.com/2009/11/north-america-cities-that-have=or-had-, et- tian- mall/. Retrieved 06/25/2020. Sections 9—11 page 84 United St E aEtt6WhfiRr2023 AUG 23 5:50 PII��CLERIC OF DISTRICT COLWge 85 of 97 National Park Service! ational Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Previous documentation on file (NPS): preliminary determination of individual listing (36 CFR 67) has been requested previously listed in the National Register previously determined eligible by the National Register designated a National Historic Landmark recorded by Historic American Buildings Survey # recorded by Historic American Engineering Record# recorded by Historic American Landscape Survey# Primary location of additional data: X State Historic Preservation Office Other State agency Federal agency X_Local government , University Other C s Name of repository: -� Historic Resources Survey Number(if assigned): , E 10. Geographical Data Acreage of Property' approx. 25-acres (Do not include previously listed resource acreage;enter"Less than one'if the acreage is.99 or less) Latitude/Longitude Coordinates Datum if other than WGS84: (enter coordinates to 6 decimal places) 1 41.661280 -91.534600 5 41.658956 -91.530201 Latitude Longitude Latitude Longitude 2 41.661256 -91.531650 6 41.658964 -91.531264 Latitude Longitude Latitude Longitude 3 41.660655 -91.531639 7 41.658347 -91.531682 Latitude Longitude Latitude Longitude 4 41.660663 -91.530201 8 41.658451 -91.534632 Latitude Longitude Latitude Longitude Sections 9—11 page 85 United St "ofhlihk� Qr2023 AUG 23 5:50 P"j1 � CLERK OF DISTRICT COWge 86 of 97 National Par Service 1 ational Register of H#stofic Places Registration orm NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 03. Coordinates Map E ` ILo ._ -�---o - _ ��•y� s NCFic- l I� 61n1_60A 0! IL (Source-.B asemap,https:/lwww.maps.googie,-.rom.Retrieved 04/03/2020.) The above numbered locators correspond to the preceding latitude/longitude coordinates. Verbal Boundary Description (Describe the boundaries of the property.) The Iowa City Downtown Historic District covers five full city blocks and three half-blocks (Figure 03); its boundary runs north along S. Clinton Street on the west, then two blocks east along Iowa Avenue where it turns south for /2-block along S. Linn Street,turning east along the alley between Iowa Avenue and E. Washington to S. Gilbert Street,turning south to E. College Street,turning west to the rear of the Camegie Library where it then turns south on S. Linn Street to the alley between E. Burlington Street and E. College Street where it runs west to meet S. Clinton Street. Boundary Justification (Explain why the boundaries were selected.) The district boundaries include the best-preserved commercial buildings in the downtown with a minimum amount of non-period of significance intrusions. The streetscape facing S. Clinton Street bears particular significance for its retention of late 191 and early 201 century commercial buildings. S. Washington,E. College, and D. Dubuque streets also retain significant early commercial buildings. The near complete loss of historic fabric along E. Burlington Street prevented including that streetscape in the district boundary. Sections 9—11 page 86 United Stapg"oEt&hFe i&2023 AUG 23 5:50 R� CLERIC OF DISTRICT COLWge 87 of 97 rational Par Service 11�jational Register of Historic Places Registration ❑rm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 11. Form Prepared B name/title Alexa McDowell/Architectural Historian date 04/20/2021 organization AKAY Consulting telephone 515-491-5432 street&number 526 40th Street email akaymcd(a hotmail.com city or town Des Moines state Iowa zip code 50312 Additional Documentation Submit the following items with the completed form: ■ GIS Location Map (Google Earth or BING) Local Location Map—Showing District Boundaries—2019 • Floor Plans(As Applicable) • Photo Location Map (Include for historic districts and properties having large acreage or numerous resources. Key all photographs to this map and insert immediately after the photo log and before the list of figures). Sections 9—11 page 87 United 5ta�1�oEthllbFeQr2023 AUG 23 5:50 PN "CLERK OF DiSTRJCT COLWge 88 Of 97 Nationat Par servile! ationaI Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson Count , Iowa Name of Property County and State Figure 04. USGS 7.5 Minute Topographic Map—Iowa City Quad - 2015 •0 1 •` `` i_. ,• '•lriAaLa!aM:�rhwrtri,i �' � •� � I � •��.�l !� �_a —imrrprr�r .� .". 1 ,\ _ 1 r7t �. j'p[rsranr�'I.sr��._< 1`1 irianxc•+.i '�� � ! �• 1 Cad r iwrea a wua o r ire I aawovsrr., ��ri -. � s'�' g 1• r.wspn as '� gin. � —7 •, , _ � � s"� ._��Q�� wri rnr''r /r may,__ I If,[5i 4 �• K� ' r• �� .0, {~i � E 51fR�lYGrpk• !fr�.l�.c f,•.si � ^, x uFTlit'Cr GI[} �ruarrSre IOWA fleighus o• Rvrrv.,l .§.. .._ - CITY' � ..� �� i rr.iKers sr!? _ •.g I , a u f ate- Ea va City..l3gwntwvn o..rircr sr i1 1� �`� r:n.n nr aka Hmonc gis(ict -twr it o r• - �j�� nr. � • ( _ C r kowa city 2 flf T N,urtklpai - -�. t P."P.,t y � � 7 feref>� +y[ Sections 9—11 page 88 United stapErpppMoEhkPlk19Qr2023 AUG 23 5:50 PIVI Z CLERK OF DISTRICT COWge 89 of 97 Nationa4 Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 05.Aerial Locator Map Showing District Boundaries—2020 t Ni �� M •� toou l� •�� re17+5% 7 • i j � �20011 ie ,+ Aim r S.Washington Strout w ar._,..., 'r5r,r w w s w H H Uj 63 2 ! ca G[ AL lib i r 1 e U) .i: .cry _ U) +y • �? 1 64,t i 1 OD It EAST BURLINGTON STREET NOTE: the location of the pedestrian mall is indicated in blue. Sections 9—11 page 89 United St a��oEhFhhFaQr2023 AUG 23 5:50 P� k.CLERK OF DISTRICT COI�ge 90 of 97 National Park Service 1 ationai Register of Historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Figure 06. Table of District Resources Address Historic Name Built Style Status Common Name Date S.CLINTON ST. 8 Dey Building 1917 Classical C* S. Clinton St. Iowa Book&Supply) Revival 10-14 Coast&Sons Building 1892 Classical C* S. Clinton St. Revival 16 Namur Bakery Building ca.1874/ Italianate C* S. Clinton St. McDonald Optical) ca.1884 18-20 Commercial Building ca.1874/ Mixed C* S. Clinton St. 1-ca.1944 22 The Airliner ca.1888/ Modern C* S. Clinton St. 1950 Movement 24-26 Racine's Cigar Store No.3 ca.1874 Italianate C* S. Clinton St. 28 Ewers Men's Store ca.1874/ Commercial C* S. Clinton St. ca.1923 Style 30 Bloom-Ries Building ca.1874 Italianate C* S. Clinton St. Moses Bloom Clothing Store ` 1 32 Whetstone Building ca.1868/ Italianate C* .- .; _.... S. Clinton St. 1874 102 Iowa State Bank&Trust 1912 Chicago NRHP s�[ S. Clinton St. Johnson County Savings Bank Commercial 114 Strub Building ca.1865/ Contemporary NC :y S. Clinton St. Roshek's Department Store ca.2005 124 Hawkeye Barber Shop 1979 Modern C S. Clinton St. Movement 130 Things&Things&Things 1970 Modern C S. Clinton St. Movement 132 Bill Hill Music Studio 1971 Modern C S. Clinton St. I Movement 210-212 (Safeway 2000 Building/Joseph's) 2000 Contemporary NC S. Clinton St. Post Modern E.COLLEGE ST. E.College from City Plaza 1978-79 n/a C* Clinton to Linn St., (Ped Mall) S. Dubuque from College to Iowa 103 Savings and Loan Building 1877/ Art Deco C* E.Colle e St. 1940 109 Dooley Block(west bay) ca.1874/ Romanesque C* E.College St. 1929 Revival 110 Carson Building ca.1916 Chicago C E.College St. Commercial 112 Commercial Building ca.1915/ Contemporary NC E.College St. 2013 114-116 Schneider Bros. Furniture Store 1883/ Chicago C E.Colle e St. 1906 Commercial 111-113 Sears,Roebuck&Co.Building 1929 Chicago C* E.College St. Commercial 115 Dooley Block(east bay) ca.1895/ Romanesque C* E.College St. I (Gringo's) 1929 Revival Sections 9-11 page 90 1lnited Slap o5hE lihfiiar 2023 AUG 23 5:50 PNIEJ jgftNZ CLERK OF DISTRICT COOgge 91 of 97 National Park Service!National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Proper County and State E.COLLEGE ST., Cont'd 117-123 Crescent Block 1894 Commercial C* E.College St. Style 118-120 Commercial Building ca.1874 Romanesque C E.College St. I Revival 125 College Block Building 1878 Italianate NRHP E.College St. 128 Plaza Centre One 1977 Modern C E.College St. Movement 312 Iowa City Masonic Temple 1914 Classical C* E.Colle e St. Revival 320 Trinity Episcopal Church 1871/ Gothic Revival NRHP E.College St. 1971 S.DUBU UE ST. 1 Park House ca.1867/ Romanesque C S.Dubuque St. ca.1897/ Revival ca.1899 2-4 Market Hall 1873/ Romanesque C S. Dubuque St. ca.1947 Revival/ Modern Movement 5 F.J.Epeneter Building(north half) 1883/ Commercial C -_ S.Dubuque St. ca.1933 Style 6-8 Ham's Hall(north two-thirds) ca.1873/ Art Deco C S.Dubuque St. ca.1930 P. ' 7 F.J.Epeneter Building(south half) ca.1874 Italianate C S. Dubuque St. ca.1930 9 Patterson Block(north half of north 1879/ Renaissance C S.Dubuque St. half) 1899/ Revival 1982 10 Ham's Hall(south one-third) ca.1873/ Romanesque C S.Dubuque St. ca.1925 Revival 11 Patterson Block(south half of north 1879/ Romanesque C S.Dubuque St. half) 1899/ Revival 1982 12 Commercial Building ca.1870 Italianate C S. Dubu ue St. Sorts Column 13-15 Prairie Lights Book Store 1983/ Contemporary NC S. Dubuque St. 1993 14 Mueller Block ca.1909 Contemporary NC S.Dubuque St. Sorts Column 17 J.J. Stach Saloon ca.1876 Romanesque C S.Dubu ue St. Revival 19-21 Scanlon Saloon/ ca.1874/ Romanesque C S.Dubuque St. Maresh&Holubar Tin Shop ca.1875 Revival 23 Commercial Building 1879/ Contemporary NC S.Dubuque St. 1970 109 Jefferson Cafeteria ca.1915 Commercial C S.Dubuque St. Style 111 Commercial Building ca.1860 Early Classical C* S.Dubuque St. Revival 115 Franklin Printing House 1856 Early Classical NRHP S.Dubuque St. Revival Sections 9—11 page 91 United Staff ofhk4bGe&Lr2023 AUG 23 5:50 PIVtJ)04H§ftPt-CLERIC OF DISTRICT CO National Par Service! a t�Ttional Register of Historic Places Registration Form ge 92 Of 97 NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson Count , Iowa Name of Property County and State S.DUBUQUE ST., Cont'd. 118 Commercial Building ca.1881/ Second C* S. Dubuque St. ca.1890 Empire 124 Iowa Theater 1936 Art Deco C S. Dubuque St. 220 Holiday Inn 1984 Modern NC S. Dubuque St. Sheraton Hotel Movement E.IOWA AVE. 113-115 Bushnagel Building ca.1875 Romanesque C E.Iowa Ave. Revival 117 Studio Tea Room ca.1922 Commercial C E.Iowa Ave. Style 119 Commercial Building 2004 Contemporary NC E.Iowa Ave. 121-123 Brunswick Hall ca.1890/ Mixed/ C E.Iowa Ave. 1946 Commercial 211 C.O.D. Steam Laundry Building ca.1895/ Italianate C E.Iowa Ave. ca.1960 213 Reardon Hotel ca.1900/ Italianate C a E.Iowa Ave. 1932 219 Capitol Square Condominiums 2001 Contemporary NC E.Iowa Ave. 225 Brueggers Bagel Bakery 2013 Contemporary NC E.Iowa Ave. . 229 Vogel House 2001 Contemporary NC E.Iowa Ave. I - S.LYNN ST. 7 S.Linn Street 7 South Linn 2019 Contemporary NC X-- 13-15 Hohenschuh Mortuary 1917 Georgian C* S.Linn St. Revival 28 Old Post Office 1904/ Beaux Arts NRHP S.Linn St. 1931 104-116 J.A. O'Leary Velic Co.Garage/ 1919/ Commercial C S.Linn St. Iowa Apartment Building 1924 Style 122 Meardon Building 1977 Modern C S.Linn St. I Movement 123 Iowa City Public Library 2004 Contemporary NC S.Linn St. 201 Plaza Towers/Hotel Vetro 2004 Contemporary NC S.Linn St. 218 Iowa City Public Library(Carnegie) 1903 Classical C* S.Linn St. IRevival E.WASHINGTON ST. 109 Hands Jewelry Building ca.1868/ Modern C* E.Washin ton St. 1968 Movement 110 Western Union Building 1930/ Classical NC E.Washington St. 1991 Revival 112 Sunier Music&Jewelry Store 1900/ Classical C E.Washington St. 1929 Revival 114-116 Corlett Livery/M. Moon Drug ca.1874/ No Style NC E.Washington St. 1963 Sections 9—11 page 92 United StaPErppTj()NoEhE11 EDr2023 AUG 23 5.50 Ph6jjf\!Z- CLERK OF DISTRICT C0W9e 93 of 97 National Park Service 1 National Register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State E.WASHINGTON Cont'd. 111-117 Younker's Department Store 1951 Modern C E.Washington St. Movement 118 Freeman Building ca.1874/ Commercial NC E.Washington St. I ca.2002 Style 120 Bremer's Building 1964 Modern C E.Washington St. Movement 121 S.S.Kresge Co.Building 1930/ Modern C E.Washington St. 1956 Movement 124 Security Insurance Co.building ca.1869/ Romanesque NC E.Washington St. ca.2010 Revival 126 Commercial Building ca.1869 Early Classical C E.Washington St. Revival 128 Arcade Building ca.1874/ Chicago C* E.Washington St. 1927 Commercial 129-131 Hotel Jefferson 1913/ Chicago C* E.Washington St. 1926 Commercial 132 Pryce&Schell Building ca.1879 Italianate C E.Washin ton St. 201 Park@201 2012 Contemporary NC E.Washington St. 202-214 First National Bank 1888/ Mixed C* E.Washington St. 1911/ ca.1990 1 _- 207 Paul-Helen Building 1913 Chicago NRHP- E.Washington St. Commercial '. ' t 216 Stillwell Building ca.1880 Italianate C* = E.Washin ton St. 218 IXL Block(west bay) 1883/ Italianate C* E.Washington St. ca.1970 220 IXL Block(center bay) 1883/ Italianate C* E.Washington St. ca.1970 221 Englert Theatre 1912 Renaissance NRHP E.Washington St. Revival 225 Schump Transfer&Storage 1910 Commercial C E.Washington St. Style 227 Stillwell Building 1910/ Modern C* E.Washington St. ca.1949 1 Movement 228 First National Bank Drive-In Bank 1962/ Colonial C E.Washington St. 1980 Revival 229 Meacham Travel 1971 Modern C E.Washin ton St. Movement 319 Iowa City Press-Citizen Publishing 1937 Art Moderne C* E.Washington St. 320 Ecumenical Housing 1980 Contemporary NC E.Washington St. 328 The Abbey Apartments 2011 Contemporary NC E.Washin ton St. 330 Eldon Miller building 1955 Modern C E.Washington St. 332 Boemer-Fry Company/Davis Hotel 1899 Late Victorian NRHP E.Washington St. Sections 9—11 page 93 United Sta�i�of#Iisk�fi�r2023 AUG 23 5:50 PII� CLERK OF DISTRICT COLW9e 94 of 97 National Pa Service 1 ational Register of historic Places Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District _ Johnson County, Iowa Name of PropertyCounty and State PED MALL OBJECTS Ped Mall Integrated lanters/retainin walls 1979 n/a C Ped Mall Series of small-scale,limestone 2019 n/a NC planters - Ped Mall Playground Equipment 2019 n/a NC E.of Dubuque& College streets — intersection Ped Mall Sculpture:Musicians(bronze) ca.2000 n/a NC West end E. College Ped Mall Sculpture: "Writers in a Cafe" 2019 n/a NC West end E. College West end E. College Street Ped Mall Sculpture: Obelisk(1) ca.2018 n/a NC ES Dubuque St. Ped Mall Sculpture: Obelisk(2) ca.2018 n/a NC WS Dubuque St. Ped Mall Sculpture:Dad and Boy(bronze) ca.2019 n/a NC East End E.College Sections 9—11 page 94 United Stap�o5P91lb15Dr2023 AUG 23 5:50 PM��CLERK OF ❑1STRICT CO( r�Tge 95 of 97 National Par ServlCe 1 NationaI Register of Historic Places Regis trat on Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State Photographs: Submit clear and descriptive photographs. The size of each image must be 3000x2000 pixels,at 300 ppi(pixels per inch)or larger. Key all photographs to the sketch map.Each photograph must be numbered and that number must correspond to the photograph number on the photo log. For simplicity, the name of the photographer,photo date,etc.may be listed once on the photograph log and doesn't need to be labeled on every photograph. Photo Log Name of Property: Iowa City Downtown Historic District City or Vicinity: Iowa City _ County: Johnson State: IA Photographer: Alexa McDowell Date Photographed: March 2018, 11/14/2019, and 12/18/2019 } Description of Photograph(s)and number,include description of view indicating direction of camera: w Photo 1 of 34: View of Iowa Avenue, looking SE across S. Clinton Street Photo 2 of 34: View of S. Clinton Street, looking SE across Iowa Avenue ; Photo 3 of 34: View of S. Clinton Street, looking SE across E. Washington Street Photo 4 of 34: View of S. Clinton Street, looking NE across E. Washington Street Photo 5 of 34: View of S. Clinton Street, looking NE across E. College Street Photo 6 of 34: View of S. Linn Street, looking north from E. College Street Photo 7 of 34: View of E. Washington Street, looking west from S. Gilbert Street Photo 8 of 34: View of S. Linn Street, looking SE across E. Washington Street Photo 9 of 34: View of S. Linn Street, looking SW across E. Washington Street Photo 10 of 34: View of E. Washington Street, looking SW across S. Linn Street Photo 11 of 34: View of Iowa Avenue, looking SE from S. Dubuque Street Photo 12 of 34: View of S. Dubuque Street, looking SW across Iowa Avenue Photo 13 of 34: View of S. Dubuque Street, looking SE from Iowa Avenue Photo 14 of 34: View of Iowa Avenue, looking SW from Dubuque Street I Photo 15 of 34: View of E. Washington Street, looking SE from S. Clinton Street Photo 16 of 34: View of E. Washington Street, looking NW from S. Dubuque Street Sections 9—11 page 95 United Stapp oEl EIWiQr2023 AUG 23 5:50 P��CLERK OF DISTRICT COL Tie S� of g7 National ParServlCe 1 ational Register of Historic Pieces Registration Form NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property Count and State Photo 17 of 34: View of E. Washington Street, looking SW from S. Dubuque Street Photo 18 of 34: View of E. Washington Street, looking SE from S. Dubuque Street Photo 19 of 34: View of S. Dubuque Street, looking NW from E. Washington Street Photo 20 of 34: View of S. Dubuque Street, looking SW from E. Washington Street(Ped Mall) Photo 21 of 34: View of S. Dubuque Street, looking NE from E. College Street(Ped Mall) Photo 22 of 34: View of E. College Street, looking NE from S. Dubuque Street(Ped Mall) Photo 23 of 34: View of E. College Street, looking NW from S. Dubuque Street(Ped Mall) Photo 24 of 34: View of E. College Street, looking NE from S. Clinton Street(Ped Mall) Photo 25 of 34: View of Sears Roebuck and Dooley Buildings (109, 111-113, and 115 E. College Street) Photo 26 of 34: View of Crescent Block, 1930s storefront(119 E. College Street) Photo 27 of 34: View of the Carnegie Library building (218 S. Linn Street) Photo 28 of 34: View of Commercial Building(118 S. Dubuque Street) Photo 29 of 34: View of Things, Things, Things building(138 S. Clinton Street) 4 � Photo 30 of 34: View of Franklin Printing and 111 S. Dubuque Street -- Photo 31 of 34: View of Press Citizen Building(319 E. Washington Street) w Photo 32 of 34: View of block of Italianate buildings (216, 218, and 220 E. Washington-Streelj: Photo 33 of 34: View of First National Bank building (200 E. Washington) Photo 34 of 34: View of the Coast & Sons building (10-14 S. Clinton Street) Sections 9—11 page 96 United StapEqqqqM aftt&l6fiDr2023 ALIG 23 5:50 P%"a"CLERK OF DISTRICT COWge 97 of 97 National Park Service!National Register of Historic Places Registration Form NPS Form 10-900 OMB No.1024-0018 Iowa City Downtown Historic District Johnson Court, Iowa Name of Property County and State Figure 07.Photo Key Map—2020 law � A e 1 i. '• x V an° (Source:Base map,https://www.maps.google.com.) Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing,to list properties,and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act,as amended(16 U.S.C.460 at seq.). I Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response including time for reviewing j instructions,gathering and maintaining data,and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management.U.S.Dept.of the Interior, 1849 C.Street,NW,Washington,DC. Sections 9—11 page 97 United 5ta€A�o�qFUh��r2023 AUG 23 5-50 PM �1i3- CLERK OF DISTRICT COURIPa e 'I of 1 National Par sero�ce ationaI Register of Historic Piaces Registration orm NPS Form 10-900 OMB No. 1024-0018 Iowa City Downtown Historic District Johnson County, Iowa Name of Property County and State 03. Namur Bakery Building—C* (a.k.a., McDonald Optical) 16 S. Clinton Street Italianate _ ca.1874/ca.1884 The Namur Bakery Building is a 3-story, single bay, brick commercial building. �, ■The existing storefront has an off-center, recessed entrance with small shop windows and Vitrolite cladding. The upper levels have three windows, each with elaborate,pressed metal window hoods. The pressed metal cornice has a garland of pointed arches set beneath a denticulated crown molding. The building may date as early as ca.1874, but the Late Victorian era fagade that is retained today dates to ca.1884. For much of its early history, Eugene Namur, confectionery and bakery, was located in there, with the Namur family living in the upper story. The building had a variety of occupants in the 206 century. In 1956 the shop space was taken over by A.J. McDonald for his optical company. McDonald purchased the building in 1969 and the business remains in the storefront space. This contributing resource is a well-preserved example of the commercial form of the Victorian era Italianate. The resource is locally significant under Criterion C as a well-executed, stylistic expression in the Iowa City downtown. The building is also significant under Criterion A, contributing as it does to our ' understanding of the history of commerce in Iowa City, 04. Commercial Building—C* r� 18-20 S. Clinton Street t�? Mixed ca.1874/ca.1944 r' This resource is a 3-story, 2-bay, brick with stucco finish, commercial building dating to ca.1874. Despite a significant face-lift in cg,1944, the building remains characterized by two storefronts with a central staircase separating them, flanking firewalls at the roofline by parapets (ca.1874), =y and a north-south ridgeline (ca.1874). Through time, the building's !� storefronts have been occupied by a variety of retail enterprises -- ,. representative of the evolution of the city's downtown commercial trends. Significant among the occupants were Short& Sons, which was located in the north storefront(18) from ca.1925 through the 1950s; the business was one of a handful in the downtown owned and operated by African- _ Ameriranfi. With several of the business operators also inhabiting the upper story apartments, the building also demonstrates the connection of commercial enterprises with downtown residential living practices. As a result of major facade modifications, the building is not eligible for registration under Criterion C. However,because the building retains its ca,1874 scale,storefront subdivisions,and roof form,and because much of the current fagade dates to more than 50-years of age, the building retains sufficient integrity to be considered a contributing resource under Criterion A in association with the history of commerce. Section 7 page 10 Iowa City Historic reserva-, ion Initiative Ma 2020 ' �v PETITION E-FILED 2023 AUG 23 5:50 P1V JMtff CLERK OF DISTRICT COUYA e 2 of 14 Schoolof THE II ; IOWA CRY HISTORIC UNIVERSITY Regional PRESERVATION INITIATIVE OF • • 1f111 THE UNIVERSITY OF IOWA To check out this wehsite IOWA INITIATIVE scan this code with your FOR SUSTAINABLE COMMUNITIES [lid smart phone camera Course led by: Charles Connerly, Phuong Nguyen Course Name: Field Problems Nathaniel Bequeaith ^J'' Sean Hilton - - Megan Schott '~ Ayman Sherif -_ In partnership with: • r�mot CITY OF IOwA CI I Y UNESCO CITY OF LITERATURE IOWA CITY DOWNTOWN DISTRICT PETITION E-FILED 2023 AUG 23 5:50 PNE)M iM- CLERK OF DISTRICT COUFPTa e 3 of 14 This project was supported by the Iowa Initiative for Sustainable Communities (IISC),a program that partners with rural and urban communities across the state to develop projects that university students and faculty complete through research and coursework.Through supporting these projects,the IISC pursues a dual mission of enhancing quality of life in Iowa while transforming teaching and learning at the University of Iowa. Research conducted by faculty,staff,and students of the University of Iowa exists in the public domain.When referencing, implementing, or otherwise making use of the contents in this report,the following citation style is recommended: [Student names], led by[Professor's name]. [Year]. [Title of report]. Research report produced through the Iowa Initiative for Sustainable Communities at the University of Iowa. This publication may be available in alternative formats upon request. Iowa Initiative for Sustainable Communities The University of Iowa 332 Jessup Hall Iowa City, IA, 52242 Email: iisc@uiowa.edu Website: iisc.uiowa.edu - The University of Iowa prohibits discrimination in employment,educational programs,and aE'tivities on the basis of race,creed,color, religion, national origin,age, sex, pregnancy, disability,genetic---information, status as a U.S.veteran, service in the U.S. military, sexual orientation,gender identity,associational preferences,or any other classification that deprives the person of consideration as an individual.The University also affirms its commitment to providing equal opportunities and equal access to University facilities. For additional information contact the Office of Equal Opportunity and Diversity, (319) 335-0705. i PETITION E-FILED 2023 AUG 23 5�50 P%JMr "-CLERK OF DISTRICT COUTTage 4 of 14 Contents Executive Summary 3 Preservation and Environmental Sustainability 57 Goals of this Report 5 _ Resource Consumption& Construction Waste 64 Introduction 6 Adaptive Reuse 65 Methodology 8 Social Context/Density 66 Defining Historic 11 Interview Outcomes 68 Chapter 1:Why Historic Preservation Matters 14 Recommendations 70 Why Historic Preservation Matters 15 Chapter 5:Economic Values 72 Chapter 2: Historic Preservation Law 17 Introduction 74 Introduction 19 Funding Mechanisms 75 ADA Standards for Access 26 Affordability 79 Interview Outcomes 82 Chapter 3:Social Values 31 Case Studies 85 Introduction 33 Recommendations 89 2 `6 Iowa City Community Development Goals and Objectives 37 Chapter 6:Conclusion 92 Interview Outcomes 50 A Tapestry of Social Factors 93 ` Recommendations 51 Recommendations—A Comprehensive Cist 95 Chapter 4: Environmental Values 53 Wrap-up and Places for Future Research 100 Introduction 55 Glossary 102 Iowa City Goals and Objectives 55 Bibliography 107 PETITION E-FILED 2023 AUG 23 5:50 PIIt_"Jt§"- CLERK OF DISTRICT COUFPTage 5 of 14 Executive Summary Iowa City has an active downtown with rich historic character and a diversity of building types, new and old. A number of buildings in the downtown are listed in the National Register of Historic Places (NRHP). While a NRHP listing offers minimal protection to these structures, it does incentivize historic rehabilitation and conservation to retain the historic integrity of the community. Locally, cities have the authority to protect historic buildings and areas through the creation of local historic landmarks and districts,which are typically regulated by adopted historic preservation guidelines. Local historic districts give local governments greater power to protect historic buildings, neighborhoods, and downtowns. While local historic protection is based on the framework of national and state standards,these should be established in a way that protects the long-term viability of downtowns and neighborhoods and is supportive of other community goals. This report enriches understanding of historic preservation, especially as it is applied to Iowa City's downtown, and how that practice addresses, or fails to address,the shared values and needs of the community.This report establishes and delivers recommendations on how local preservation policies can be made to better address local needs—not just preservation needs, but also other needs,such as: environmental needs, including those pertaining to sustainability and climate change;accessibility, particularly for the disabled; community development and improvement; and affordable housing.These are key areas of broad concern identified by National Main Street Director Patrice Frey as related to but not usually underscored by historic preservation and its advocates. She argues in a February 8, 2019 article in CityLab that preservation's stock can be better supported by extending the conversation about preservation to include preservationists and those who primarily think about and advocate in each of these related areas. Our recommendations are based on studying and summarizing the underlying principles of historic preservation, reviewing state and federal guidelines, and conducting stakeholder interviews with community leaders, policy makers, building owners, and business owners and then drawing conclusions based on our objective of exploring the value of historic preservation in downtown Iowa City beyond the protection of older buildings In particular we recommend that careful thought be given to how downtown Iowa City represents not only the extant historic buildings in downtown Iowa City, but as the city center it represents the history of the various peoples who have lived or live now i`nylowa City, even before Iowa City was incorporated under that name. Findings Overall,the team's interview and data collection process highlighted that,while challenges in preserving older structures exist in the downtown, interviewees are enthusiastic about preserving the downtown- a way that addresses broader community goals.Through feedback from stakeholders,the team was able to identify how preservation can both conflict, and be compatible with, community goals. 3 PETIPON E-FILED 2023 AUG 23 5:50 P S if "-CLERK OF DISTRICT COUFP 9 6 of 14 Some of the key outcomes include: ► Stakeholders expresses a willingness to work towards enhanced historic preservation guidelines that are compatible with social, environmental, and economic goals. ► Preservation is inherently compatible with environmental sustainability and receiving building LEED Certification. ► Many commercial buildings in Iowa City have not taken advantage of free energy audits provided by the _ City through AmeriCorps. ► A perception exists that the City completely disallows renewable energy upgrades, such as solar panels on historic buildings throughout the city. ► Opportunities exist for cooperation between historic preservation,the Iowa City Downtown District, and the City in support of the arts downtown. ► Rehabilitation and restoration training can provide needed skilled labor as well as offer economic opportunities and employment. ► In Iowa City's downtown, Historic Tax Credits and other financial incentives are underutilized due to the high upfront costs of restoration,the perception of a lack of flexibility and transparency in the restoration process,and a missing middle of funding opportunities. Patrice Frey, president of the National Main Street Program, reports in her 2019 CityLab article that smaller projects that typify many smaller town or city downtowns (typically less than $5 million)are not large enough to justify the employment of Federal Historic Tax Credits. ► Lease rates for commercial properties in the downtown are more affordable than those in new buildings downtown and new buildings on the fringe of Iowa City. ► Housing and commercial affordability analysis is limited by a lack of consistent and available data. .y." .J E 4 PETITION E-FILED 2023 AUG 23 5:50 PIV_i"ttM-CLERK OF DISTRICT COUVage 7 of 14 Historic Resources in Downtown Iowa City In 2018,the City completed a Survey and Evaluation Update of the Iowa Central Business District (SEICBD)which inventoried and evaluated the historic resources downtown.The primary goal of this report was the identification of historic resources that individually or collectively meet the criteria for listing in the National Register of Historic Places.The evaluation found a high density of historic resources in the downtown and that the potential for a historic district exists. Figure 0.4 maps the extent of older structures in the downtown. In the 2018 evaluation, resources are categorized under four levels of eligibility or ability to contribute to the designation of a historic district. Categories include contributing resources, key contributing resources, individually NRHP eligible resources, and non-contributing resources. Definitions and criteria for each type of resource can be found below. Figure 0.5 shows the historic resources in the downtown by type,which are defined here and in the report's glossary. 18-20 S. Clinton F• law■Ave. University of Iowa 4 I. Pentacrest ` E Washington St... -rllt ■ a 661d■s� t - � L' E College S[ LEGEND . — FI Pre-1920 0-1959 ., 1��� ��. . �� � i• 1960-1979s SIN `��� �•�� 1980-1989 ' — �� E. ding[onSt. 1990-Present VrY `� ■ Parking mon Figure 0.4: Buildings by Age Individually Eligible Resource c-n Individually eligible resources meet the highest standard of eligibility for inclusion in the NRHP. Individually eligible resources are buildings usually of at least 50 years of age, must retain high historic integrity on the exterior and interior of the building, and retain character-defining features necessary to convey its significance. 12 PETITION E-FILED 2023 AUG 23 5:50 PIV i-CLERK OF DISTRICT COUWage 8 of 14 Key Contributing Resource These resources indicate increased impact on the sense of time and place conveyed in a downtown streetscape. Buildings with the designation of key contributing may have a diminished historic integrity(preventing individual eligibility in the NRHP), but their significant to the character of the streetscape,to their architectural style or their historical context, elevates their importance,they must also usually be no less than 50 years old. Contributing Resource Contributing resources are buildings usually of at least 50 years of age, with a demonstrated historical association or representing an architectural style, but which lack the degree of historic integrity necessary to be - considered individually eligible. Contributing resources together in a district retain sufficient historical significance and convey a sense of place, however, do not retain enough significance to be-individually eligible in the NRHP. -; Non-Contributing Resource Non-contributing resources are those built less than 50 years ago, or which do not meet the aforementionbd standards required to be considered a contributing resource. In many cases in the downtown, build,irrgs are considered non-contributing because they are too new,they have been altered to heavily thus compromising their historic character, or they are not in close enough proximity to other historic structures to be considered a contributing resource to a potential district. 18-20 S. Clinton FIGURE 0.5: HISTORIC RESOURCES IN THE DOWNTOWN University of Iowa Pentacrest ' I • Ift _ � r E Washington St_NT_ IT e' ` W C Collcg c Wit. �� .. ;tit ".�-• - LEGEND i Non-Contributing r '1 r +• 1, V ' �yy _ - M Contributing Key CqM*#0bXa i - 1•=:�t1�.1« ! _ '+� •I C Individually NRHP Listed ftl gton St. Individually NRHP EligibleParking 13 PETITION E-FI LED 2023 AUG 23 5:50 P%IMJEM CLERIC OF DISTRICT COIJVa9e 9 of 14 Introduction The value of historic preservation has been clearly recognized, especially following the introduction of the City's first historic preservation plan of 1992.The plan's mission statement established that, "Iowa City and its citizens seek to identify, protect, and preserve the community's historic resources in order to enhance the quality of life and economic well-being of current and future generations."46 The need to preserve the City's historic resources is also recognized across many other City documents, planning visions, and processes.The 2018 report of the Historic Survey and Evaluation of the Central Business District(SEICBD) points to the pressures historic resources encounter in the face of"build up"trends. Controversy over the construction of the Plaza Towers/Hotel Vetro built in 2004, and the early construction of the Vogel House, led to public backlash and calls for measures to protect historic resources and the character they create in the community.47 The urgency of addressing the protection of the community's historic sites and structures is expressed through the recent loss of the Benevolent Protective Order of Elks (BPOE), a building that was listed as a contributing resource in the SEICBD.48 This Colonial Revival structure was built in 1909 and was a contributing resource to a possible NRHP district. Without local protections this building, and the history it represents, has been lost to demolition and redevelopment. 'J 46 City of Iowa City,Historic Preservation Plan.(p.16) 47 City of Iowa City,Historic Preservation Survey and Evaluation Update of the Central Business District.(p.12) 48 Ibid. (p.35) ! 33 PETITION E-FILED 2023 AUG 23 5:50 PMEV4 14- CLERK Q6 DISTRICT COIWge 10 of 14 accounted for Iowa's largest population growth between 2010 and 2015.56 Recent census estimates indicate that Johnson County's population climbed from 131,339 to 151,260 between 2010 and 2018.57 Also, both Iowa City and neighboring Coralville have experienced an increase in their foreign-born population averaging 14.4% and 18% respectively, which is higher than the United States' average of 13.2%.18 This data confirms the strong influence of the student population. which is often hailed as one the city's strengths. However,the proximity of the university's main campus to the study area may pose many challenges. One such issue is students' demand for housing around downtown and the transient nature of college students housing needs—by commonly staying in a single community for a few years and not establishing roots—which conflicts with the community values and needs as reflected in the adjacent neighborhoods to the north and east of downtown.59 Also, changing demographics as indicated by this data draws attention to changing cultures emerging in the city, and the importance of including them in the City's community development planning process. Iowa City Community Development Goals and Objectives Public Engagement "Cities have the capability of providing something for everybody, only because,and only when,they are created by everybody,"Jane Jacobs.60 Public engagement is a value repeated across the City's documents.The Community Vision of the Iowa City Comprehensive Plan Update (IC2030) included "promoting opportunities for civic engagement and human development for all who call Iowa City home."61 Civic engagement has long been the trend associated with the City's planning as witnessed in Beyond 2000, a plan adopted in 1997 that divided the city into ten districts,with- �a se State Library of Iowa,Iowa Population Trends and the Future of Your Library. s 57"Social Explorer." 58 U.S. Census Bureau. 59 City of Iowa City, Downtown and Riverfront Crossings Master Plan. p.49 "Jacobs, "The Death and Life of Great American Cities" ei City of Iowa City,IC2030:Comprehensive Plan Update. p.7 37 PETITION E-FILED 2023 AUG 23 5:50 Pkt" CLERK OF DI STRICT CC►l#g9e 11 of 14 planners engaging the public and assisting districts' residents to formulate their individual visions and goals.12 Also,the SEICBD recognizes the role of community in the planning process as a critical component.63The SEICBD's public engagement process included three presentations:the first provided an overview of the SEICBD and a discussion about the impact of new development and loss of identity due to developmental pressures;the second was a presentation focused on concerns related to business and property owners, and the final presented the findings and recommendations.The list of participants mostly included County and City officials, downtown businesses owners, and representatives of the downtown district." For historic preservation in downtown to have the broad public support that Patrice Frey envisions in her article, it is imperative that as many people as possible,from diverse backgrounds, be brought into the process of not only evaluating the historic buildings and spaces in downtown but in constructing the historical narratives that mark downtown Iowa City as the civic center of an historic and varied community. As an example,the iconic Englert Theatre,owes its survival to the public engagement efforts made by a group of citizens during the early 2000s.This group worked hard to convince the City of Iowa City to purchase and hold the property in a trust until funds could be secured to renovate it. Iowa City's historic preservation goals necessitate strong public engagement tools that can effectively communicate the message of historic preservation—as a public good—to the community at large. Indeed,the current efforts of the City to establish a National Register Historic District in the downtown is an attempt to preserve cultural heritage and prevent the negative externalities associated with the loss of historic properties through demolition and new development. For example, Goal 4 of the Iowa City Historic Preservation Plan (ICHPP) of 2008 discusses provisions for technical assistance, Goal 5 discusses heightening historic preservation's public awareness, and Goal 7 focuses on maintaining and strengthening historic preservation support. The issues addressed in these goals require the community's wider participation as articulated by Ivis Garcia in his study on the neighborhood of Humboldt Park in Chicago. Garcia looks at community engagement as an "ongoing process of facilitation of community members, especially the underrepresented groups, in designing their neighborhoods and cities."" Garcia's commentary is supported by the 2018 award-winning book, Constructing the Dynamo of 0jxie: Race, Urban Planning, and Cosmopolitanism in Chattanooga, Tennessee, by Courtney Elizabeth Knapp. app s iY ez"Iowa City Comprehensive and District Planning." es City of Iowa City, Historic Preservation Survey and Evaluation Update of the Central Business District. p.4 64 Ibid. p.5 es Ivis, "Community As A Campus,"p.522 38 PETITION E-FILED 2023 AUG 23 5:50 PIVIE" -CLERK OF DISTRICT COL$Pige 12 of 14 contrasts the"cosmopolitanism" of city efforts to attract the middle and upper classes to Chattanooga (what others call gentrification) with what she calls "diasporic placemaking,"which are efforts to recognize that city's diaspora—including Cherokees who were forced to embark from Chattanooga on the Trail of Tears in the 1830s and African Americans, many as slaves,who came to Chattanooga both before and after the Civil War. She cites the efforts,some successful, some not so much, by Chattanoogans to mark through art and preservation the historic contribution and heritages of these groups. In the same way,as planners and public leaders contemplate the historic character of downtown Iowa City,they should seek to broaden public interest and engagement in historic preservation by broadening it to include not only the extant buildings in downtown, but also the central importance of downtown Iowa City to the lived experience of all Iowa City's residents past and present. This can and should include the Meskwaki who occupied the Iowa City region just as Indian cessions were forcing them to the west in the 1830s,African Americans who came to Iowa City during and after the Civil War to escape slavery and Jim Crow and Mer came to Iowa City to attend the University of Iowa, and Mexican immigrants who moved to Iowa City to wor for the -f Rock Island railroad as traqueros. C., Iowa City's historic preservation faces important issues that if addressed can create a reinforcement loop between the public engagement process and the advancement of historic preservation goals. First, ifiy important to identify and create new ways to engage the broader public, especially the groups that have historically been underrepresented in historic preservation such as those just named. Second, it is necessary to explore, identify, include, and honor cultural and architectural elements that contributed to the history of the city with a focus on historically underrepresented groups.As noted,there is much to be learned about the important African American history and Mexican history in Iowa City.And in addition to the Meskwaki settlements near Iowa City, it is also important to recognize that in 1856 in the Iowa Capitol,adjacent to downtown,the Iowa legislature voted to permit the Meskwaki to purchase land in Tama County at a time that California was seeking to exterminate Indians. The Iowa Capitol is also where the state legislature in 1857 adopted the state's current constitution,whose first section states "All men and women are, by nature,free and equal..."thereby establishing a heritage of equality under the law that resonates to this day. Third, it is also I-ieC,esaary to reintroduce heritage tourism to reflect the contributions of the City's diverse history and culture, support economic development, and to increase awareness and support to historic preservation. Lastly, attention should be paid to increasing educational opportunities that target the public in general, and future generations specifically, is important to draw the city's future with broader involvement in historic preservation. Returning to the goal of diasporic placemaking, it therefore should be the goal of historic preservation in Iowa City to encourage broad public participation by recognizing the various groups such as the Meskwaki,African 39 PETITION E-FILEE) 2023 AUG 23 5.50 PNtJM CLERK OF DISTRICT COI 9e 13 of 14 Americans,and Mexicans who have played an important if not fully recognize role in the city's history—a history that is reflected in a downtown that is the civic center of the community. The first goal of the ICHPP of 2008 relates to identifying historic resources significant to Iowa City's past, whereas another goal is focused on establishing and supporting heritage tourism efforts. Both are important and can be used in support of the City's cultural and educational efforts, as well as functioning as an economic development tool.The City's historic preservation staff points to funding and staffing shortages which threaten to continue to slow advancement in these goals." Iowa City's African American history is currently honored with two historic buildings that are local historic landmarks and individually listed in the NRHP.The Iowa Federation Home located at 942 Iowa Avenue and the Tate Arms building located at 914 S. Dubuque Street have historic markers to honor their history that goes to the first two decades of the nineteenth century. During that time,the University of Iowa witnessed an enrollment spike that brought African American students to the City. Students who were challenged with housing segregation, both in the city and at the university,with its policies that prohibited African American dormitory occupancy. Students found relief in the rooming houses owned and operated by African Americans, private businesses, and fraternities during the late 1940s.These two buildings are important because they are the only known and recognized structures that highlight this important history. A weak connection to this history can be found in the building located at 630 S.Johnson Street,which was occupied by a chapter of the black fraternity Kappa Alpha Psi for a single year(1919-1920).67 Short's Shoe Shine, at 18 S. Clinton,was owned and operated by Haywood Short, an African American, between 1921 and 1946.The existence of this business and building was important for African American students who worked there while completing their education.68 The Bethel A.M.E. Church located at 411 S. Governor Street is another historic property listed in the NRHP for its significance in ethnic heritage and black social history. �J 66 Interview with Iowa City Historic Preservation Planner. r 67 City of Iowa City. National Register Nomination for Tate Arms. https:L/www8.iowa- city.org/Web Lin k/O/edoc/1899161/Tate°/2OArms%20N RH P%20no mi nation.pdf 61 City of Iowa City. National Register Nomination for Tate Arms. https://www8.iowa- city.org/WebLink/0/edoc/1899161/Tate%2OArms%20NRHP%20nomination.pdf 40 PETITION E-FILED 2023 AUG 23 5:50 PlV JMftM CLERIC OF DISTRICT CC11.Wge 14 of 44 Figure 3A Iowa City Black Households 1900- 192069 lawa Gilty Black Hausehc),164e�r Addr ss�s in Census Y4=ans s' -- ---------- - _ - -- �- G P...m S ss �: 113E iw�.:o _ pl Lsgsr,a 1st warn 1 1900-1920 Addresses 100 Year Floodplain ----------------- '� 500 Year Floodplain Author Luke Favl9ch [_. 1900 Cuy Limits These historic structures are part of a large stock of historic places lost due to unrecognition,demolition,and redevelopment.The City's historic preservation staff described an unexplored history of Mexican families who arrived to serve the Chicago, Rock Island,and Pacific-Railroad Company starting in 1917 and settled in the arjas north and south of the railroad track between Dodge and Dubuque Street. Issues with a Ia 9., funding and - Jtl staffing were raised,which reduce the ability of historic preservation to adequately identify and ptblect these historic resources.A member of the Historic Preservation Commission interviewed commented that in order for historic preservation to function in a higher capacity funds and staffing have to be considered; "I feel that a volunteer commission just isn't enough to meet all the related goals of the community.�70 69 Map prepared by Luke Foelsch,City of Iowa City. htt s: www.ic ov.or ro'ect reservin -black-histo -iowa-ci -tate- arms-and-Iowa-federation-horne 70 Interview with Historic Preservation Commission Member. 41 PETITION E-FILED 2023 AUG 23 5:50 P>.r:MM ,%CLERK OF DISTRICT COURT Page 1 of 5 d o w n t o w n & r i v e r f r o n t crossings master plan r xt ITS : r� ADOPTED IMF _ lanuary2013 AMENDED ``{ L R v ocrober 2015 deCeft*r.2020 D PETITION E-FILED 2023 AUG 23 5:50 P► CLERK OF DISTRICT COURT Page 2 of 5 table of contents Executive Summary 1 Project Background 3 Analysis 5 Visioning Process 13 Market Analysis 17 Master Plan 21 Framework Elements 27 Development Opportunities 51 Development Standards 103 Next Steps 115 Appendix 117 I� "� 1 sum, � 1 Lf CITY OF IOWA CITY PETITION E-FILED 2023 AUG 23 5 50 Pkip"16 Yfdj CLERK OF DISTRICT COURT Page 3 of 5 physical features ,8.2f S.CIIMon 6 WASHINGTON St. O • , COLLEGE ST. - :� *m • - 1 - 1�1 _ 4 7 J� Diagram identifying the existing built form within the Study Area Close up showing the built form and hisronc buildings in Downtown. Diagram identifying the existing transportation network within the Study Area. Built Form Cities contain a number of physical features, Transportation There area number always to move around the with the east-west line becoming the route ofa passenger including buildings,streets,and utilities.Combined,these help Study Area.These include vehicles,transit,bicycle,and walking. rail-line connecting Chicago with Omaha,including Iowa City define a community's built form.In order to develop a greater The street network within the Study Area is designed as a grid, and Des Moines,and the north-south line being considered as understanding of the Study Area's urban fabric,a figure ground which provides a number of options for traveling in,and through, a light-rail line connecting Riverfront Crossings to important diagram was created for the Study Area.This diagram shades the district.Major streets include Burlington Street,Benton employment destinations within the Iowa City Metro Area,such in all building footprints,and is useful in order to gain a greater Street,Kirkwood Avenue,U.S.Highway 6,Gilbert Street,and South as the University of Iowa main campus,University of Iowa Medical understanding of an area's built form,The analysis identifies not Riverside Drive, campus,Veterans Hospital,and Oakdale Research Park.This line only the location and density of the existing development pattern, also has the potential to eventually connect to the Eastern Iowa Bus routes,including City routes and the University's Cambus, airport and beyond to Cedar Rapids. but also identifies buildings of historic value.In particular,key also traverse the area.Most locations within the Study Area are historic buildings,contributing historic buildings,and potential typically no more than 2 or 3 blacks from the nearest route,In The Iowa River Corridor Trail,which parallels the Iowa River,runs buildings of historic significance are identified.These buildings addition,two rail lines bisect the Study Area-the Cedar Rapids north-south through the Study Area.This trail is 6 miles in length provide character and ambiance to the Study Area,and as such and Iowa City(CRANDIC)Railroad runs north-south through the and provides access to major points in Iowa City.Several on-street are importantto identify and take measures to actively protect. district and the Iowa Interstate Railroad runs east-west though bike routes,all located north of Burlington Street,provide bicycle This diagram should be utilized to help determine where infill the district.Both rail lines are designated as future transit lines, connections to Downtown and the University of Iowa campus. development should,and should not occur,and identify properties that could receive density bonuses in return for the protection of adjacent,or nearby,historic structures. 9 :..5 0 'e PETITION E-FILED 2023 AUG 23 5:50 P -CLERK OF DISTRICT COURT Page 4 of 5 downtown district Downtown Iowa City is the heart of the region.The City's most dense area is home to businesses,civic venues,condos, apartments,and the Uri lvertity of Iowa.Historic bufldings can he found next to new buildings,and st reds are active thmug hour the day and into the nig hi-The focal point oithe district is the iconlC iced papufu OW Maas.whleh isOftien Wetted to as the pedestrian or pod"It.The area has expenented a significant amount of development In recent years,including the Piaxa Towers and �+—r --r,——T.r-•.-�,+, -q1, �.—•-� Vogel douse mired use bu lidl ngs,and the Iowa City pubRt library. A R VF1j , � - - Even wilh all of this new devhfopmant activity,IndudE - nQhare a t �. q ` Projects that arc Currentlyln ehedevefopmeM pfpolna•teart!Are many opportunities to strategically enhance the area, 1 ; Downtown District Summary Master Plan ObjectWes; FS>trY •cra•- f•PeOHtt hlstorle character and key hlytodc buildings l t PmmosequafllyinRllandredeve�opment 4 + r Build on oxlstiryg Wonglhs ItaWly owned shops.proximity I^ T to the UnIvalsity of fowa,farmer's nwsrket,adjacent c q r Maintain balance of uses and activities ";err iri I Improve competitive position of downtown 1! • �� �� �.,, >Improve connectivity to surrounding districts 4iook • k _ 1 � DrvRegion l Character f ' r Regional destination for arts,culture,and entertainment I ► �� �{ , �!�• ;.. o Most dense urban district t High quality streets,public spaces,and architecture Devclo moot Pro rani 'a - �� I �YI I— u•� -r >Residential Options—new construction and rehab ..�z.;nLi NN�.i.+• 5[ ���� � �•�. >Retail inRll and redevelopment(national retailers;incubator _ space;entertainment-bowling,movie,theater;childcare) >Office r Hospitality i! 54 downtown and rnei ri mil crossings plan PETITION E-FILED 2023 AUG 23 5:50 PIP18 "fli 'S-CLERK OF DISTRICT COURT Page 5 of 5 DT-I: Historic Preservation-Downtown Iowa City contains _ -IVA �� ,�•'� �_ let .� _ a number of buildings of historic value.In the Analysis sectionf 7 r , 'iy-� 'h '�e of this document,these buildings were identified as key historic !ill-'�� ' buildings,contributing historic buildings,and potential buildings of historic significance.The high concentration of these buildings T yy •' " within the District provides character and ambiance,and gives Downtown Iowa City its own unique sense of place.In order to maintain this,the City should take measures to preserve and r ,' � [ K 1�•�'••• actively protect these buildings.The aforementioned diagram should be utilized to help determine where infill development should,and should not occur.In addition,it should be utilized to help identify properties that could receive density bonuses in return for the protection and renovation of these historic ---- •- structures-In order to facilitate preservation of historic structures, :tiW-r i density bonuses,waiver of parking requirements,and other entitlements will be considered.Another option to be considered would be the formalized protection of these resources by designating them as local landmarks or including them within a ul local historic district. r - D -2: Facade Enhancement Program-As mentioned in the •e L. .�.- previous section,protection and preservation of Downtown's historic building stock should be a key priority.One way to :r: ' = accomplish this is through the implementation of a fa4ade � -- - � enhancement program and programs to encourage the use of ,.., r upper floors.The City is exploring incentives to make these buildings more usable and therefore make existing buildings •: — �Y more economically viable and less likely to be torn down.These programs typically offer grants and/or loans for the historically Aerial view afthe Downtown Disrncr correct restoration of a building's exterior fa4ade.Implemented over time,a program such as this can make a significant impact on '? the appearance of Downtown, DT-3: Strategic Infill-In order to reinforce the existing Fabric _ that currently exists in Downtown Iowa City,new development � , .. should be mixed-use and pedestrian-oriented in nature.In addition,it should follow a list of very basic rules[ha[are --�� •;,. _ - __ - { consistent with the existing character of Downtown.The following guidelines were developed following a thorough analysis of the _ I .'(tom�•� -- :.!� patterns and framework that make Downtown special.These .44 s •-�- ' include: New development should be located on sites that do not r contain historic buildings, >Active uses,such as ground floor retail(and not blank walls), - should front onto the street frontages and the City Plaza, DT-3.5varegir Infdl on Linn Srreer DT-4�P/oshm9ton Street Pinking Gmage -- 55 �J 1 cil PETITION E-FILED 2023 AUG 23 5:50 PUt"[W%- CLERK OF DISTRICT COURIPage 1 Of 5 -644 t�ti. r*�.'�,,�'•: is. WIT- _ 1 ua r� -d4— ` 4� r-J • 7 Y OR ft WIlArE �•y f •T • 7 •'y• • • ~ • - • ML AL -- r=gig--_ ; �� -_. --_ `: �� _ - ; • = I z i I, J PETITION E-FILED 2023 AUG 23 5:50 PVE)Mrt� -CLERK OF DISTRICT COURTpa e 4 Of 5 I 1 i r 4 r. i, i I k r r I I. r• I o � ■ r � r l -fir . Iowa City Historic PreseEiFdbE2a lAUG 23 5:50 PM JOHNSON-CLERK OF DISTRICT COURT 2.2 Historic Review Process The Commission strongly recommends meeting Pre-application meeting with the Preservation Planner prior to submitting an application. An application may be obtained from the Planning Submit application Department or on the City's website at www.icq o v.orgl H is roriC P reset va ti on. The Preservation Planner will determine the type Planner evaluation of Historic Review required. Examples of projects covered by review types can be found in sections 1 2.5-2.7 of the Handbook. Effect Repair—No Material Minor Review Intermediate Review Major Review Review by Commission Review by Planner Review by Commission Applicant notified of CU Chair and Planner Chair and Planner meeting by mail 0 N_ May be forwarded for more 0 intensive review. Review by Historic Preservation Commission Certificate of No Material Effect ........................ OR Resolution of Denial r r Copy transmitted to: r Owner&Contractor Building Inspection(HIS) t City Clerk I E Appeal Continue Permitting Process Applications for landmark properties or properties within Historic Districts may be appealed to City Council. Enforced by Housing& Inspection Services with Applications for properties within Conservation Districts Final approval by Historic may be appealed to the Board of Adjustment. Preservation Planner if necessary 6 END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Monday, December 11, 2023 12:58 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Grace Subject: Lawsuit Attachments: Lawsuit - 06521 EQCV084821-E} ' ; Lawsuit - EQCV084819.pdf Good Afternoon, The attached two (2) lawsuits were received this morning- Regards, ®I�,WA C JW ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY DF LITERATURE (she/her/hers)* WWW ICGO V ORG DEPUTY CITY CLERK P: 356-5040 © 0 -VV .. . City ansit is now FARE FREE! CITY Leaan moreratICGDV.DRG FAREFRFE IOWA CITY "The beauty of the world lies in the diversity of its people. "-Anonymous E-FILED 2023 NOV 29 3:06 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HILLS BANK& TRUST COMPANY, Case No. EQCV084819 Plaintiff V. AMENDED ORIGINAL NOTICE ALLEN DEVELOPMENT,LLC; JESSE J. ALLEN,ALLEN HOMES, INC.;PARTIES IN POSSESSION; KINZLER CONSTRUCTION SERVICES, INC. D/B/A WD DOOR; PEAK FLOORING,LLC DB/A PEAK FLOORING; TAMARACK MATERIALS, INC.; DAVISSON AND SON MILLWORK, LLC DB/A DAVISSON AND SON MILLWORK; TOM CUTLIP; PSK L.L.C. DB/A OVERHEAD DOOR CO. OF CEDAR RAPIDS AND IOWA CITY, PRICE ELECTRIC, LLC D/B/A PRICE ELECTRIC; _R. P. LUMBER CO., INC.; JUAN MATEO DB/A JMHANDYMAN; CITY OF IOWA CITY; KELLY HEATING SERVICE INC. D/B/A KELLY HEATING AND AIR CA CONDITIONING, INC. D/B/A KELLY co HEATING D/B/A KELLEY HEATING, Defendants. TO THE ABOVE-NAMED DEFENDANTS: You are notified that an Amended Petition for Foreclosure was filed in the office of the clerk of the above court on November 29, 2023. A copy of the Amended Petition for Foreclosure with related exhibits is attached. The Plaintiffs attorneys are Laura M. Hyer of Bradley &Riley, P.C., 2007 First Avenue SE, Cedar Rapids, Iowa 52406-2804,telephone number 319-363-0101 and Lewis 1. Field of Bradley& Riley,P.C., Chauncey Building, 404 East College Street, Suite 400, Iowa City, IA 52240-3914,telephone number 319-466-1511. You must serve a motion or answer within 20 days after service of this original notice upon you, and within a reasonable time,thereafter, file your motion or answer in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. You are notified that this case has been filed in a county that utilizes electronic filing. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on 1 4853-7261-6596,v. 1 E-FILED 2023 NOV 29 3:06 PM JOHNSON -CLERK OF DISTRICT COURT electronic filing. You are also directed to the rules in Chapter 16, division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, contact the disability coordinator at: (319) 398-3920, ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. - IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. `� • Lo A� 00 2 4853-7261-6596,v. 1 E-FILED 2023 DEC 01 10:13 AM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV084819 County Johnson Case Title HILLS BANK & TRUST CO V ALLEN DEVELOPMENT LLC 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.iowacoiirts.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/AC0/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.goy/for-t he- ublic/re resenting-vourself! totect- ersonal-information/. Scheduled Hearing. Fy t�q W 1 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(1-800-73 5-2942).For more information, see WWW.iO%Nacourts.iao►,/For-the-12tiblic/ad,l/. Disability access coordinators cannot provide legal advice. Date Issued 12/01/2023 10:13:19 AM �srlc Wit.. District Clerk of Court odby Clerk's Designee of Johnson County /s/Christine Roselund 1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT L E-FIL$D 2023 NOV 29 3:05 PM JOHNSON"CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY 2313 DE A .TI&tPR;_'FZ&ER AT TUC SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT HILLS BAND&TRUST COMPANY, TI-IL SALE- Plaintiff, Plaintiff, Case No.EQCV084819 i IIP YOTJ IJO NOT FILE A WRITTEN DI MMD TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE- V. AMENDED PETITION FOR FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT FORECLOSURE WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN ALLEN DEVELOPMENT,LLC;JESSE DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE J.ALLEN,ALLEN HOMES,INC.; ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE PARTIES IN POSSESSION;KINZLER MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF CONSTRUCTION SERVICES,INC. THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS DB/A WD DOOR;PEAK FLOORING, NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY LLC DB/A PEAK FLOORING; DWELLING,THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST TAMARACK MATERIALS,INC.; YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE DAVISSON AND SON MILLWORK,LLC SALE. DB/A DAVISSON AND SON MILLWORK;TOM CUTLIP;PSK L.L.C. Plaintiff Hills Bank and Trust Company ("Lender'), by and through its DB/A OVERHEAD DOOR CO.OF CEDAR RAPIDS AND IOWA CITY, undersigned counsel and for its Petition,states: PRICE ELECTRIC,LLC DB/A PRICE ELECTRIC;R.P.LUMBER CO.,INC.; THE PARTIES JUAN MATEO DB/A JMHANDYMAN; CITY OF IOWA CITY;IMLLY 1. Lender is an Iowa state charted bank with its principal place of HEATING SERVICE INC.DB/A KELLY HEATING AND AIR CONDITIONING, business in Hills,Johnson County,Iowa. INC.DB/A KELLY HEATING DB/A KELLEY HEATING, 2. Allen Development, LLC ("Borrower") is a limited liability company Defendants. organized under the laws of the State of Iowa. Borrower conducts business and NOTICE owns real estate in the State of Iowa. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT 3. Jesse J. Allen("Guarantor") is an adult individual, and a citizen and REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT resident of the State of Iowa. UNLESS YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS(OR SIX MONTHS IF THE PETITION INCLUDES A 4. Allen Homes Inc. is a limited liability company organized under the WAIVER OF DEFICIENCY JUDGMENT)FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR laws of the State of Iowa.Allen Homes.Inc.conducts business and owns real estate TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR in the State of Iowa. IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE 2 4a89-3803-6804,v.1 :Ta E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT ` E-FILED 2023 NOV 29 3:06 PM J0INSON-CLERK OF DISTRICT COURT 5. Parties in possession are unknown individuals or entities in possession ul r 1but not limited to, pursuant to filings in the Iowa Mechanic's Lien of the real property described below and who may claim some right,title,or interest Registry. in said property. l 1. PSI{,L.L.C.d/b/a Overheac Door Co.of Cedar Rapids and Iowa City is 6. Kinzler Construction Services Inc. d/b/a WD Door is an Iowa an Iowa limited liability company doing business in the State of Iowa who may corporation doing business in the State of Iowa and who may claim some right,title, claim some right, title, or interest in the real property described below, including, or interest in the real property described below, including, but not limited to, but not limited to,pursuant to filings in the Iowa Mechanic's Lien Registry. pursuant to filings in the Iowa Mechanic's Lien Registry. 12. Price Electric LLC d/b/a Price Electric is an Iowa limited liability 7. Peak Flooring LLC d/b/a Peak Flooring is a limited liability company company doing business in the State of Iowa who may claim some right, title, or doing business in the State of Iowa and who may claim some right,title,or interest interest in the real property described below,including,but not limited to,pursuant in the real property described below, including, but not limited to, pursuant to to filings in the Iowa Mechanic's Lien Registry. filings in the Iowa Mechanic's Lien Registry. 13. R. P.Lumber Co., Inc.is an Illinois corporation doing business in the 8. Tamarack Materials, Inc. is a corporation doing business in the State State of Iowa who may claim some right, title, or interest in the real property of Iowa and who may claim some right, title, or interest in the real property described below, including, but not limited to, pursuant to filings in the Iowa described below, including, but not limited to, pursuant to filings in the Iowa Mechanic's Lien Registry. Mechanic's Lien Registry. 14. Juan Mateo d/b/a JMhandyman is an individual doing business in the 9. Davisson and Son Millwork,LLC,d/b/a Davisson and Son Millwork,is State of Iowa who may claim some right, title, or interest in the real property a limited liability company doing business in the State of Iowa and who may claim described below, including, but not united to, pursuant to filings in the Iowa some right,title,or interest in the real property described below,including,but not Mechanics Lien Registry. limited to,pursuant to filings in the Iowa Mechanics Lien Registry. 15. The City of Iowa City may claim some right, title, or interest in the 10. Tom Cutup is an individual doing business in the State of Iowa and real property described below,including,but not limited to,pursuant to a judgment who may claim some right, title, or interest in the real property described below, entered October 23, 2023 in the Iowa District Court in and for Johnson County in case number ICCISC105206. 3 4 4889-3803-6884,v.1 4889-3803-6884,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 1913 DEC I 1 f,ii q: 59 16. Kelly Heating Service Inc. d/b/a Kelly Heating and Air Conditioning, 22. In connection with the 2303 Note,Borrower and Lender entered into a Inc.d/b/a Kelly Heating d/b/a Kelley Heating is an Iowa corporation doing business ' ghangp,in Terms Agreement on November 27,2021,increasing the available credit in the State of Iowa who may claim some right,title,or interest in the real property to$2,836,528.00.A true and correct copy of which is attached hereto as Exhibit 2. described below, including, but not limited to, pursuant to filings in the Iowa 23. To secure the indebtedness of Borrower evidenced by the 2303 Note, Mechanic's Lien Registry. Borrower signed and delivered to Lender a Purchase Money Mortgage dated JURISDICTION AND VENUE January 17,2020(as amended or modified,the"2303 Mortgage")securing credit in 17. The Court has jurisdiction over each of the defendants in this action the amount of $1,275,000.00. A true and correct copy of the 2303 Mortgage is because each of the defendants either is a business entity organized and doing attached hereto as Exhibit 3. business in the State of Iowa,or is an adult individual who is a resident and citizen 24- The 2303 Mortgage was recorded on January 21, 2020 with the Office of the State of Iowa. of the Johnson County Recorder in Book 6001 at Page 863. 18. Venue is proper in this Court under Iowa Code§654.3 because each of 25. On August 27, 2020,Borrower and Lender entered into a Modification the properties subject to the foreclosure count of this Petition is located in Johnson of Mortgage, increasing the amount of credit secured by the 2303 Mortgage to County,Iowa. $4,000.000.00.Said modification was recorded on August 31,2020 with the Office of COMMUNITY VIEW DEVELOPMENT LOAN-2303 the Johnson County Recorder in Book 6100 at Page 943.A true and correct copy of 19. On August 27,2020,Borrower entered a commercial loan transaction, said modification is attached hereto as Exhibit 4. pursuant to which Borrower obtained a loan(the"2303 Loan")from Lender. 26. On August 4, 2021, Borrower and Lender entered into a Modification 20. Borrower obtained the 2303 Loan to develop real property into of Mortgage, increasing the amount of credit secured by the 2303 Mortgage to properties for the purposes of residential construction to sell to third parties. $4,500.000.00.Said modification was recorded on August 6, 2021 with the Office of 21. In connection with the 2303 Loan,Borrower executed and delivered to the Johnson County Recorder in Book 6268 at Page 316.A true and correct copy of Lender a Promissory Note dated August 27, 2020,in the original principal amount said modification is attached hereto as Exhibit 5. of$2,424,250.00(as amended or modified,the"2303 Note").A true and correct copy 27- The 2303 Mortgage originally mortgaged and conveyed the following of the 2303 Note is attached hereto as Exhibit 1, described real property: 5 6 4889-3803-6884,v.1 4889-3803-6884,v.1 r E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT -- E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT COMMENCING AT AN IRON PIN SITUATED 744 FEET SOUTH OF t#1! i L.J' �� 29. To further secure the obligations of Borrower,Guarantor executed and THE NORTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 _ delivered to Lender an Unlimited Cont nuing Guaranty dated April 11, 2019 (the WEST OF THE 5TH P.M., RUNNING THENCE EASTERLY 1655 FEET TO A POINT LOCATED 711 FEET SOUTH OF THE NORTH `" = "Guaranty") under which Guarantor unconditionally, absolutely, and irrevocably LINE OF SAID QUARTER SECTION,THENCE SOUTH 1890 FEET TO THE CENTER LINE OF U.S. PRIMARY ROAD #6, THENCE guaranteed the full and prompt payment of the matured indebtedness owed on all WEST ALONG CENTER OF SAID HIGHWAY, AND BEING THE SOUTH LINE OF SAID NORTHWEST FRACTIONAL QUARTER OF obligations of Borrower to Lender. A rue and correct copy of the Guaranty is SAID SECTION 18, TO THE SOUTHWEST CORNER OF SAID NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, attached hereto as Exhibit 6. THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 18 TO THE POINT OF BEGINNING, EXCEPTION THEREFROM THE 30. The 2303 Note, 2303 Mortgage, and Guaranty, together with FOLLOWING DESCRIBED TRACT: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF subsequent modifications, and all other documents executed in connection with, SECTION 18,TOWNSHIP 79 NORTH,RANGE 5 WEST OF THE 5TH P.M., THENCE EAST 854 FEET, THENCE NORTH 510 FEET, evidencing or securing the 2303 Loan are hereinafter the"2303 Loan Documents." THENCE WEST 854 FEET TO THE SECTION LINE, THENCE SOUTH TO THE PLACE OF BEGINNING. ALSO EXCEPTING 31. Pursuant to the 2303 Loan Documents, all outstanding principal and THOSE PORTIONS CONVEYED TO THE CITY OF IOWA CITY, IOWA BY DEEDS RECORDED IN BOOK 569,PAGE 241;BOOI{569, accrued interest was due and payable to Lender in full on August 27,2023. PAGE 243; AND BOOK 583, PAGE 408; DEED RECORDS OF JOHNSON COUNTY, IOWA. ALSO EXCEPTING THAT PORTION 32, Borrower has failed to make the required payment when due. CONVEYED IN BOOK 625,PAGE 331. 33. Failure to make payment when due is an event of default under the 28. Lender has executed and recorded Partial Releases of Real Estate 2303 Loan Documents. Mortgage as to said property.The 2303 Mortgage currently encumbers the following 34- On August 18, 2023, Lender provided written notice to Borrower of described real property: Borrower's failure to make the required-jayment when due.A true and correct copy LOT 4 IN COMMUNITY VIEW-PART ONE, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 64, of the said notice is attached hereto as Exhibit 7. PAGE 109,PLAT RECORDS OF JOHNSON COUNTY,IOWA AND 35. Borrower failed to cure the defaults set forth in the notice. LOTS 26,28,30,31,33,34,35,36,37,38,41,42,43,44,45,46,47,48, 56, 57, 58, 59 COMMUNITY VIEW - PART TWO SUBDIVISION, 36. Pursuant to the 2303 Note interest accrues on the 2303 Loan at the IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, PAGE 115, PLAT RECORDS OF non-default rate of 3.95 percent per annum based on a 360-day year and the default JOHNSON COUNTY,IOWA rate of 18.00 percent per annum based on a 360-day year. ("2303 Properties") 7 8 4689-3603-6664,v.1 4869-3603-6664,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT >' E�F1LE6 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 37. Pursuant to the 2303 Note, if a payment is 30 days or more late, 70£3 ,0tC b51 A,�-�eTeCft indebtedness of Borrower evidenced by the 2309 Note, Borrower agreed to pay a 5.00 percent per annum late change on any unpaid Borrower$igned and delivered to Lender a Mortgage dated January 28, 2022 (as 1 portion of a regularly scheduled payment. t v,aileAd4q 6r mo11afie�l, the "2309 Mortgage") securing credit in the amount of I 38. Pursuant to the 2303 Loan Documents, Borrower agreed to pay $685,000.00. A true and correct copy of the 2309 Mortgage is attached hereto as lender's attorneys'fees and legal expenses incurred to collect the 2303 Note. Exhibit 10. 39, Pursuant to the 2303 Mortgage, Lender is entitled, but not obligated, 46. The 2309 Mortgage was recorded on February 2, 2022 with the Office to advance sums to insure, maintain, and preserve the mortgaged property, and of the Johnson County Recorder in Book 6340 at Page 244. those expenses are recoverable as additional indebtedness under the 2303 Loan 47. The 2309 Mortgage mortgages and conveys the following described real Documents. property: 40. As of October 31, 2023, Borrower owes $421,320.65 under the 2303 LOT 40, COMMUNITY VIEW — PART TWO, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, Loan. PAGE 115,PLAT RECORDS OF JOHNSON COUNTY,IOWA COMMUNITY VIEW CONSTRUCTION LOAN-2309 ("2309 Property')which is located at 3868 Winnsboro Drive,Iowa City,Iowa 52245. 41. On January 28,2022,Borrower entered a commercial loan transaction, 48. As additional indebtedness of the Borrower, the 2309 Loan is also pursuant to which Borrower obtained a loan(the"2309 Loan")from Lender, secured by the 2307 Mortgage and 2303 Mortgage. 42. Borrower obtained the 2309 Loan to construct a residential home to 49. The 2309 Note, 2309 Mortgage, 2307 Mortgage, 2303 Mortgage, and sell to third parties. Guaranty, together with subsequent modifications, and all other documents 43. In connection with the 2309 Loan,Borrower executed and delivered to executed in connection with, evidencing or securing the 2309 Loan are hereinafter Lender a Promissory Note dated January 28,2022,in the original principal amount the"2309 Loan Documents." of$566,198.00(as amended or modified,the"2309 Note").A true and correct copy of 50. Pursuant to the 2309 Loan Documents, all outstanding principal and the 2309 Note is attached hereto as Exhibit 8. accrued interest was due and payable to Lender in full on May 25,2023. 44. In connection with the 2309 Note,Borrower and Lender entered into a 51. Borrower has failed to make the required payment when due. Change in Terms Agreement on December 5,2022,modifying the interest rate and payment terms.A true and correct copy of which is attached hereto as Exhibit 9. 9 10 4669-3603-6884,v,1 4669-3603-6664,v,1 I i E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT '" / E-FILED 2023 NOV 29 3:06 PM JO�NSON-CLERK OF DISTRICT COURT 52. Failure to make payment when due is an event of default under tl� �^ f 61. Borrower obtained the 2313 Loan to construct a residential home to 2309 Loan Documents. Cu t ra j±'� a Or to third parties. 53. On August 18, 2023, Lender provided written notice to Borrower of F �1 62. In connection with the 2313 Loan,Borrower executed and delivered to Borrower's failure to make the required payment when due.A true and correct copy M1 ► ,, P Lender a Promissory Note dated April 8, 2022,in the original principal amount of of the said notice is attached hereto as Exhibit 7. $340,000.00(as amended or modified, tie"2313 Note"). A true and correct copy of 54. Borrower failed to cure the defaults set forth in the notice. the 2313 Note is attached hereto as Exhibit 11. 55. Under the 2309 Note, interest accrues on the 2309 Loan at the non- 63. In connection with the 2313 Note,Borrower and Lender entered into a default rate of 5.7 percent per annum based on a 360-day year and the default rate Change in Terms Agreement on January 25,2023,modifying the interest rate and of 18.00 percent per annum based on a 360-day year. payment terms.A true and correct copy of which is attached hereto as Exhibit 12. 56. Pursuant to the 2309 Note, if a payment is 30 days or more late, 64. To secure the indebtedness of Borrower evidenced by the 2313 Note, Borrower agreed to pay a 5.00 percent per annum late change on any unpaid Borrower signed and delivered to Lender a Mortgage dated April 8, 2022 (as portion of a regularly scheduled payment. amended or modified, the "2313 Mortgage") securing credit in the amount of 57, Pursuant to the 2309 Loan Documents, Borrower agreed to pay $400,000.00. A true and correct copy o=the 2313 Mortgage is attached hereto as lender's attorneys'fees and legal expenses incurred to collect the 2309 Note. Exhibit 13. 58. Pursuant to the 2309 Mortgage, Lender is entitled, but not obligated, 65. The 2313 Mortgage was recorded on April 13, 2022 with the Office of to advance sums to insure, maintain, and preserve the mortgaged property, and the Johnson County Recorder in Book 6362 at Page 115. those expenses are recoverable as additional indebtedness under the 2309 Loan 66. The 2313 Mortgage mortgages and conveys the following described real Documents. property: 59. As of October 31, 2023, Borrower owes $631,024.95 under the 2309 LOT 23, COMMUNITY VIEW — PART TWO, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, Loan. PAGE 115,PLAT RECORDS OF JOHNSON COUNTY,IOWA COMMUNITY VIEW CONSTRUCTION LOAN-2313 ("2313 Property') which is located at 787 Aiden Street, Iowa City, Iowa 60. On April 8, 2022, Borrower entered a commercial loan transaction, 52245. pursuant to which Borrower obtained a loan(the"2313 Loan')from Lender. 11 12 4889-3603-6884,v.1 4889-3603-6884,v,1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FIND 2Q23 NOV 293A FM JOHNSON•CLERK OF DISTRICT COURT }} 67. As additional indebtedness of the Borrower, the 2313 Loan is also 7 . 13PU Uanij t t1hi b3M Dxumeats, Borrower agreed to pay secured by the 2303,2307,and 2309 Mortgages. lender's attorneys'fees and legal.expenses incurred to collect the 2313 Note. n _ 68. The 2313 Note, 2313 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 77, j�ursi{az{� thb 2313 Mortgage, Lender is entitled,but not obligated, Mortgage, and Guaranty, together with subsequent modifications, and all other to advance sums to insure, maintain, and preserve the mortgaged property, and documents executed in connection with, evidencing or securing the 2313 Loan are those expenses are recoverable as additional indebtedness under the 2313 Loan hereinafter the"2313 Loan Documents." Documents. 69. Pursuant to the 2313 Loan Documents, all outstanding principal and 78. As of October 31, 2023, Borrower owes $383,141.36 under the 2313 accrued interest was due and payable to Lender in full on April 14,2023. Loan. 70. Borrower has failed to make the required payment when due. COMMUNITY VIEW CONSTRUCTION LOAN-2314 71. Failure to make payment when due is an event of default under the 79. On April 19, 2022, Borrower entered a commercial loan transaction, 2313 Loan Documents. pursuant to which Borrower obtained a loan(the"2314 Loan")from Lender. 72. On August 18, 2023, Lender provided written notice to Borrower of 80. Borrower obtained the 2314 Loan to construct a residential home to Borrower's failure to make the required payment when due.A true and correct copy sell to third parties. of the said notice is attached hereto as Exhibit 7. 81. In connection with the 2314 Loan,Borrower executed and delivered to 73. Borrower failed to cure the defaults set forth in the notice. Lender a Promissory Note dated April 19, 2022,in the original principal amount of 74. Under the 2313 Note, interest accrues on the 2313 Loan at the non- $340,000.00(as amended or modified,the"2314 Note").A true and correct copy of default rate of 8.5 percent per annum based on a 360-day year and the default rate the 2314 Note is attached hereto as Exhibit 14. of 18.00 percent per annum based on a 360-day year. 82. In connection with the 2314 Note,Borrower and Lender entered into a 75. Pursuant to the 2313 Note, if a payment is 30 days or more late, Change in Terms Agreement on January 25, 2023, modifying the interest rate and Borrower agreed to pay a 5.00 percent per annum late change on any unpaid payment terms.A true and correct copy of which is attached hereto as Exhibit 15. portion of a regularly scheduled payment. 83. To secure the indebtedness of Borrower evidenced by the 2314 Note, Borrower signed and delivered to Lender a Mortgage dated April 19, 2022 (as amended or modified, the "2314 Mortgage") securing credit in the amount of 13 14 4669-3803-6664,v.1 4889-3803-6884,v.1 1 1 F.Ya E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT ; E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT $400,000.00. A true and correct copy of the 2314 Mortgage is attached hereto f A 9 f,n' 91. On August 18, 2023, Lender provided written notice to Borrower of Exhibit 16. i�rower's failure to make the required payment when due.A true and correct copy 84. The 2314 Mortgage was recorded on April 22, 2022 with the Office of 1�+ '� r , `~ of the said notice is attached hereto as Exhibit 7. the Johnson County Recorder in Book 6366 at Page 385. 92, Borrower failed to cure the defaults set forth in the notice. 85. The 2314 Mortgage mortgages and conveys the following described real 93. Under the 2314 Note, interest accrues on the 2314 Loan at the non- property: default rate of 8.5 percent per annum based on a 360-day year and the default rate LOT 32, COMMUNITY VIEW — PART TWO, IOWA CITY, IOWA, of 18.00 percent per annum based on a 360-day year. ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, PAGE 115,PLAT RECORDS OF JOHNSON COUNTY,IOWA 94. Pursuant to the 2314 Note, if a payment is 30 days or more late, ('2314 Property') which is located at 608 Aiden Street, Iowa City, Iowa Borrower agreed to pay a 5.00 percer-t per annum late change on any unpaid 52245. portion of a regularly scheduled paymen. 86. As additional indebtedness of the Borrower, the 2314 Loan is also 95. Pursuant to the 2314 Loan Documents, Borrower agreed to pay secured by the 2303,2307,2309,and 2313 Mortgages. lender's attorneys'fees and legal expenses incurred to collect the 2314 Note. 87. The 2314 Note, 2314 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 96. Pursuant to the 2314 Mortgage, Lender is entitled, but not obligated, Mortgage, 2313 Mortgage, and Guaranty, together with subsequent modifications, to advance sums to insure, maintain, and preserve the mortgaged property, and and all other documents executed in connection with, evidencing or securing the those expenses are recoverable as additional indebtedness under the 2314 Loan 2314 Loan are hereinafter the"2314 Loan Documents." Documents. 88, Pursuant to the 2314 Loan Documents, all outstanding principal and 97. As of October 31, 2023, Borrower owes $383,277.39 under the 2314 accrued interest was due and payable to Lender in full on April 14,2023. Loan. 89. Borrower has failed to make the required payment when due. COMMUNITY VIEW CONSTRUCTION LOAN-2317 90. Failure to make payment when due is an event of default under the 98. On July 28, 2022, Borrower entered a commercial loan transaction, 2314 Loan Documents. pursuant to which Borrower obtained a loan(the"2317 Loan")from Lender. 99- Borrower obtained the 2317 Loan to construct a residential home to sell to third parties. 15 16 4889-3803-6984,v.1 4869-3803-6a84,v-1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:66 VM�JOHNS6N-CLERK OF DISTRICT COURT 1,113 100. In connection with the 2317 Loan,Borrower executed and delivered to with, evidencing or securing tl e!331j�i i ot3ir 69 heseinplter the "2517 Loan Lender a Promissory Note dated July 28, 2022,in the original principal amount of Documents." LL, $447,400.00(as amended or modified,the"2317 Note").A true and correct copy of 106. Pursuant to the'21ll .pan 9.1,Qcumknts, all outstanding principal and the 2317 Note is attached hereto as Exhibit 17. accrued interest was due and payable to Lender in full on April 28,2023. 101. To secure the indebtedness of Borrower evidenced by the 2317 Note, 107. Borrower has failed to make the required payment when due. Borrower signed and delivered to Lender a Mortgage dated July 28, 2022 (as 108. Failure to make payment when due is an event of default under the amended or modified, the "2317 Mortgage") securing credit in the amount of 2317 Loan Documents. $565,000.00. A true and correct copy of the 2317 Mortgage is attached hereto as 109. On August 18, 2023, Lender provided written notice to Borrower of Exhibit 18. Borrower's failure to snake the required payment when due.A true and correct copy 102. The 2317 Mortgage was recorded on August 2, 2022 with the Office of of the said notice is attached hereto as Exhibit 7. the Johnson County Recorder in Book 6411 at Page 62. 110. Borrower failed to cure the defaults set forth in the notice. 103. The 2317 Mortgage mortgages and conveys the following described real 111- Under the 2317 Note, interest accrues on the 2317 Loan at the non- property: default rate of 4.95 percent per annum based on a 360-day year and the default rate LOT 52, COMMUNITY VIEW — PART TWO, IOWA CITY, IOWA, of 18.00 percent per annum based on a 360-day year. ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, PAGE 115,PLAT RECORDS OF JOHNSON COUNTY,IOWA 112. Pursuant to the 2317 Note, if a payment is 30 days or more late, ('2317 Property")which is located at 3921 Winnsboro,Iowa City,Iowa 52245. Borrower agreed to pay a 5.00 percent per annum late change on any unpaid 104. As additional indebtedness of the Borrower, the 2317 Loan is also portion of a regularly scheduled payment. secured by the 2303,2307,2309,2313,2314,and 2316 Mortgages. 113. Pursuant to the 2317 Loan Documents, Borrower agreed to pay 105. The 2317 Note, 2317 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 lender's attorneys'fees and legal expenses incurred to collect the 2317 Note. Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, and Guaranty,together 114. Pursuant to the 2317 Mortgage, Lender is entitled, but not obligated, with subsequent modifications, and all other documents executed in connection to advance sums to insure, maintain, and preserve the mortgaged property, and 17 18 4889-3803-6884,v,1 4889-3803-6884,,1 . I i E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JCHNSON-CLERK OF DISTRICT COURT �those expenses are recoverable as additional indebtedness under the 2317 LoanCOZ3 V iEll 1 • 0 PT 51, COMMUNITY VIEW — PART TWO, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, Documents. i -- _ PAGE 115,PLAT RECORDS OF JOHNSON COUNTY,IOWA 115. As of October 31, 2023, Borrower owes $525,247.00 under the 2317 f1'. ° ' (r2320 Property")which is located at 3911 Winnsboro,Iowa City,Iowa 52245. Loan. 122. As additional indebtedness of the Borrower, the 2320 Loan is also COMMUNITY VIEW CONSTRUCTION LOAN-2320 secured by the 2303,2307,2309,2313,2314,2316,and 2317 Mortgages. 116. On July 28, 2022, Borrower entered a commercial loan transaction, 123. The 2320 Note, 2320 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 pursuant to which Borrower obtained a loan(the"2320 Loan')from Lender. Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, and 117. Borrower obtained the 2320 Loan to construct a residential home to Guaranty, together with subsequent modifications, and all other documents sell to third parties. executed in connection with, evidencing or securing the 2320 Loan are hereinafter 118. In connection with the 2320 Loan,Borrower executed and delivered to the"2320 Loan Documents." Lender a Promissory Note dated July 28, 2022,in the original principal amount of 124. Pursuant to the 2320 Loan Documents, all outstanding principal and $527,000.00(as amended or modified, the"2320 Note").A true and correct copy of accrued interest was due and payable to Lender in full on April 28,2023. the 2320 Note is attached hereto as Exhibit 19. 125. Borrower has failed to make the required payment when due. 119. To secure the indebtedness of Borrower evidenced by the 2320 Note, 126. Failure to make payment when due is an event of default under the Borrower signed and delivered to Lender a Mortgage dated July 28, 2022 (as 2320 Loan Documents. amended or modified, the "2320 Mortgage") securing credit in the amount of 127. On August 18, 2023, Lender provided written notice to Borrower of $630,000.00. A true and correct copy of the 2320 Mortgage is attached hereto as Borrower's failure to make the required payment when due.A true and correct copy Exhibit 20. of the said notice is attached hereto as Exhibit 7. 120. The 2320 Mortgage was recorded on August 2,2022 with the Office of 128. Borrower failed to cure the defaults set forth in the notice. the Johnson County Recorder in Book 6411 at Page 39. 129. Under the 2320 Note, interest accrues on the 2320 Loan at the non- 121. The 2320 Mortgage mortgages and conveys the following described real default rate of 4.95 percent per annum based on a 360-day year and the default rate property: of 18.00 percent per annum based on a 360-day year. 19 20 4869-3603-6664,v.1 4669-3603-6664,V.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT ZV3 130. Pursuant to the 2320 Note, if a payment is 30 days or more late, $555,000.00.A true and correct copy ofU 2321 Mortgage is attached hereto as Borrower agreed to pay a 5.00 percent per annum late change on any unpaid Exhibit 22. r r portion of a regularly scheduled payment. 138. The 2321 Mortgage waa recorded on August 2,2022 with the Office of 131. Pursuant to the 2320 Loan Documents, Borrower agreed to pay the Johnson County Recorder in Book 6410 at Page 996. lender's attorneys'fees and legal expenses incurred to collect the 2320 Note. 139. The 2321 Mortgage mortgages and conveys the following described real 132. Pursuant to the 2320 Mortgage, Lender is entitled,but not obligated, property: to advance sums to insure, maintain, and preserve the mortgaged property, and LOT 49, COMMUNITY VIEW — PART TWO, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, those expenses are recoverable as additional indebtedness under the 2320 Loan PAGE 115,PLAT RECORDS OF JOHNSON COUNTY,IOWA Documents. ("2321 Property")which is located at 3891 Winnsboro Drive,Iowa City,Iowa 52245. 133. As of October 31, 2023, Borrower owes $617,364.48 under the 2320 140. As additional indebtedness of the Borrower, the 2321 Loan is also Loan. secured by the 2303,2307,2309,2313,2314,2316,2317,and 2320 Mortgages. COMMUNITY VIEW CONSTRUCTION LOAN-2321 141. The 2321 Note, 2321 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 134. On July 28, 2022, Borrower entered a commercial loan transaction, Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, 2320 pursuant to which Borrower obtained a loan(the"2321 Loan")from Lender. Mortgage, and Guaranty, together with subsequent modifications, and all other 135. Borrower obtained the 2321 Loan to construct a residential home to documents executed in connection with, evidencing or securing the 2321 Loan are sell to third parties. hereinafter the"2321 Loan Documents." 136. In connection with the 2321 Loan,Borrower executed and delivered to 142. Pursuant to the 2321 Loan Documents, all outstanding principal and Lender a Promissory Note dated July 28, 2022,in the original principal amount of accrued interest was due and payable to Lender in full on April 28,2023. $467,357.00(as amended or modified, the"2321 Note").A true and correct copy of 143. Borrower has failed to make the required payment when due. the 2321 Note is attached hereto as Exhibit 21. 144. Failure to make payment when due is an event of default under the 137. To secure the indebtedness of Borrower evidenced by the 2321 Note, 2321 Loan Documents. Borrower signed and delivered to Lender a Mortgage dated July 28, 2022 (as amended or modified, the "2321 Mortgage") securing credit in the amount of 21 22 4889-3803-6684,v.1 4689-3803-68M,v.1 I 1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT _ E-FILED 2023 NOV 29 3:06 PM JCHNSON-CLERK OF DISTRICT COURT 145. On August 18, 2023, Lender provided written notice to Borrower of 153. Borrower obtained the 2307 Loan to construct a multi-family Borrower's failure to make the required payment when due.A true and correct copy _ } residential building. of the said notice is attached hereto as Exhibit 7. ' 154. In connection with the 2307 Loan,Borrower executed and delivered to 146. Borrower failed to cure the defaults set forth in the notice. Lender a Promissory Note dated December 17, 2021, in the original principal 147. Under the 2321 Note, interest accrues on the 2321 Loan at the non- amount of$1,360,000.00 (as amended or modified, the "2307 Note"). A true and default rate of 4.95 percent per annum based on a 360-day year and the default rate correct copy of the 2307 Note is attachec hereto as Exhibit 23. of 18.00 percent per annum based on a 360-day year. 155. In connection with the 2307 Note,Borrower and Lender entered into a 148. Pursuant to the 2321 Note, if a payment is 30 days or more late, Change in Terms Agreement on January 6, 2023,modifying the payment terms.A Borrower agreed to pay a 5.00 percent per annum late change on any unpaid true and correct copy of which is attached hereto as Exhibit 24. portion of a regularly scheduled payment. 156. To secure the indebtedness of Borrower evidenced by the 2307 Note, 149. Pursuant to the 2321 Loan Documents, Borrower agreed to pay Borrower signed and delivered to Lender a Mortgage dated December 17,2021 (as lender's attorneys'fees and legal expenses incurred to collect the 2309 Note, amended or modified, the "2307 Mor gage") securing credit in the amount of 150. Pursuant to the 2321 Mortgage, Lender is entitled, but not obligated, $3,700,000.00.A true and correct copy of the 2307 Mortgage is attached hereto as to advance sums to insure, maintain, and preserve the mortgaged property, and Exhibit 25. those expenses are recoverable as additional indebtedness under the 2321 Loan 157. The 2307 Mortgage was recorded on December 20,2021 with the Office Documents. of the Johnson County Recorder in Book 6324 at Page 648. 151. As of October 31, 2023, Borrower owes $546,619.63 under the 2321 158. On October 14,2022,Borrower and Lender entered into a Modification Loan. of Mortgage, increasing the amount of credit secured by the 2307 Mortgage to COMMUNITY VIEW MULTI-FAMILY CONSTRUCTION LOAN—BUILDING C-2307 $4,700.000.00. Said modification was recorded on October 18, 2022 with the Office 152. On December 17, 2021, Borrower entered a commercial loan of the Johnson County Recorder in Book 6434 at Page 436.A true and correct copy transaction, pursuant to which Borrower obtained a loan (the "2307 Loan") from of said modification is attached hereto as Exhibit 26. Lender. 23 24 4B89-3803-6884,v.1 4889-3803-6884,v,1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV:29 3:06 PM JOFfAS(5N CLERK OF DISTRICT COURT � I" 159. The 2307 Mortgage mortgages and conveys the following described real 166. 0,A 19,LEW i1nd�l> .+plid�lCSvritten notice to Borrower 4£ property: Borrower's failure to make the required payment when due.A true and correct copy Y � LOT 2, COMMUNITY VIEW — PART ONE, IOWA CITY, IOWA, of the said notice is attached ller6U is,Rxhibjt!7., ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 64, PAGE 109,PLAT RECORDS OF JOHNSON COUNTY,IOWA 167. Borrower failed to cure the defaults set forth in the notice. ("2307 Property') which is located at Eastbrook Street, Iowa City, Iowa 168. Under the 2307 Note, interest accrues on the 2307 Loan at the non- 52245. default rate of 6.25 percent per annum based on a 360-day year and the default rate 160. To further secured the indebtedness of Borrower evidenced by the 2307 of 18.00 percent per annum based on a 360-day year. Note, Borrower signed and delivered to Lender an Assignment of Rents ("2307 169. Pursuant to the 2307 Note, if a payment is 30 days or more late, Assignment of Rents")dated December 17,2021 and recorded December 20,2021 in Borrower agreed to pay a 5.00 percent per annum late change on any unpaid the Office of the Johnson County Recorder in Book 6324 at Page 659.A true and portion of a regularly scheduled payment. correct copy of the 2307 Assignment of Rents is attached hereto as Exhibit 27. 170. Pursuant to the 2307 Loan Documents, Borrower agreed to pay 161. As additional indebtedness of the Borrower, the 2307 Loan is also lender's attorneys'fees and legal expenses incurred to collect the 2307 Note. secured by the 2303 Mortgage. 171. Pursuant to the 2307 Mortgage,Lender is entitled, but not obligated, 162. The 2307 Note, 2307 Mortgage, 2307 Assignment of Rents, 2303 to advance sums to insure, maintain, and preserve the mortgaged property, and Mortgage, Guaranty, together with subsequent modifications, and all other those expenses are recoverable as additional indebtedness under the 2307 Loan documents executed in connection with, evidencing or securing the 2307 Loan are Documents. hereinafter the"2307 Loan Documents:' 172. As of October 31, 2023, Borrower owes $1,507,332.63 under the 2307 163. Pursuant to the 2307 Loan Documents, all outstanding principal and Loan. accrued interest was due and payable to Lender in full on August 10,2023. COMMUNITY VIEW MULTI-FAMILY CONSTRUCTION LOAN—BUILDING A-2308 164. Borrower has failed to make the required payment when due. 173. On December 17, 2021, Borrower entered a commercial loan 165. Failure to make payment when due is an event of default under the transaction, pursuant to which Borrower obtained a loan (the "2308 Loan') from 2307 Loan Documents. Lender. 25 26 4BB9-3803-6884,v.1 4889-3803-6894,v.1 • i I T E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT r E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 174, Borrower obtained the 2308 Loan to construct a multi-family L.L t Al t in 1?60 Pursuant to the 2308 Loar-Documents, all outstanding principal and residential building. accrued interest was due and �, payable to Lender in foil on August 10,2023. 175. In connection with the 2308 Loan,Borrower executed and delivered to _ ^ • 182. Borrower has failed to make the required payment when due. r Lender a Promissory Note dated December 17, 2021, in the original principal 183. Failure to make payment when due is an event of default under the amount of$1,600,000.00 (as amended or modified, the "2308 Note"). A true and 2308 Loan Documents. correct copy of the 2308 Note is attached hereto as Exhibit 28. 184. On August 18, 2023, Lender provided written notice to Borrower of 176. In connection with the 2308 Note,Borrower and Lender entered into a Borrower's failure to make the required payment when due.A true and correct copy Change in Terms Agreement on January 6, 2023, modifying the payment terms.A of the said notice is attached hereto as Exhibit 7. true and correct copy of which is attached hereto as Exhibit 29. 185. Borrower failed to cure the 3efaults set forth in the notice. 177. To secure the indebtedness of Borrower evidenced by the 2308 Note, 186. Under the 2308 Note, inte-est accrues on the 2308 Loan at the non- Borrower signed and delivered to Lender the 2307 Mortgage. default rate of 6.25 percent per annum based on a 360-day year and the default rate 178• To further secured the indebtedness of Borrower evidenced by the 2308 of 18.00 percent per annum based on a 330-day year. Note, Borrower signed and delivered to Lender an Assignment of Rents ("2308 187. Pursuant to the 2308 Note, if a payment is 30 days or more late, Assignment of Rents")dated December 17,2021 and recorded December 20,2021 in Borrower agreed to pay a 5.00 percent per annum late change on any unpaid the Office of the Johnson County Recorder in Book 6324 at Page 664. A true and portion of a regularly scheduled payment. correct copy of the 2308 Assignment of Rents is attached hereto as Exhibit 30. 188. Pursuant to the 2308 Lcan Documents, Borrower agreed to pay 179. As additional indebtedness of the Borrower, the 2308 Loan is also lender's attorneys'fees and legal expenses incurred to collect the 2308 Note. secured by the 2303 Mortgage. 189. Pursuant to the 2307 Mortgage, Lender is entitled,but not obligated, 180. The 2308 Note, 2307 Mortgage, 2308 Assignment of Rents, 2303 to advance sums to insure, maintain, and preserve the mortgaged property, and Mortgage, and Guaranty, together with subsequent modifications, and all other those expenses are recoverable as additional indebtedness under the 2308 Loan documents executed in connection with, evidencing or securing the 2308 Loan are Documents. hereinafter the"2308 Loan Documents." 27 28 4B89-3803-6884,v.1 4889-3803-6884,v,1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 5 ; E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 190. As of October 31, 2023, Borrower owes $1,770,923.91 under the 230PRZ3 DC" ` J Fri i d �atents executed in connection with, evidencing or securing the 2322 Loan are ttjj Loan. hereinafter the"2322 Loan Documents." Y COMMUNITY VIEW MULTI-FAMILY CONSTRUCTION LOAN—BUILDING E-2322 t yy-'yy < ((�` .- 198. Pursuant to the 2322 Loan Documents, Borrower was required to 191. On October 14,2022,Borrower entered a commercial loan transaction, make semi-annual payments of all accrued interest beginning April 14, 2023 and pursuant to which Borrower obtained a loan(the"2322 Loan')from Lender. continuing thereafter. 192. Borrower obtained the 2322 Loan to construct a multi-family 199. Borrower has failed to make the required payment when due. residential building. 200, Failure to make payment when due is an event of default under the 193. In connection with the 2322 Loan,Borrower executed and delivered to 2322 Loan Documents. Lender a Promissory Note dated October 14,2022,in the original principal amount 201. On August 18, 2023, Lender provided written notice to Borrower of of$1,560,000.00(as amended or modified,the"2322 Note").A true and correct copy Borrower's failure to make the required payment when due.A true and correct copy of the 2322 Note is attached hereto as Exhibit 31. of the said notice is attached hereto as Exhibit 7. 194. To secure the indebtedness of Borrower evidenced by the 2322 Note, 202. Borrower failed to cure the defaults set forth in the notice. Borrower signed and delivered to Lender the 2307 Mortgage. 203. Under the 2322 Note, interest accrues on the 2322 Loan at the non- 195. To further secured the indebtedness of Borrower evidenced by the 2322 default rate of 5.7 percent per annum based on a 360-day year and the default rate Note, Borrower signed and delivered to Lender an Assignment of Rents ("2322 of 18.00 percent per annum based on a 360-day year. Assignment of Rents")dated October 14,2022 and recorded October 18,2022 in the 204. Pursuant to the 2322 Note, if a payment is 30 days or more late, Office of the Johnson County Recorder in Book 6434 at Page 439.A true and correct Borrower agreed to pay a 5.00 percent per annum late change on any unpaid copy of the 2322 Assignment of Rents is attached hereto as Exhibit 32. portion of a regularly scheduled payment. 196. As additional indebtedness of the Borrower, the 2322 Loan is also 205. Pursuant to the 2322 Loan Documents, Borrower agreed to pay secured by the 2303 Mortgage. lenders attorneys'fees and legal expenses incurred to collect the 2322 Note. 197. The 2322 Note, 2307 Mortgage, and 2322 Assignment of Rents, 2303 206. Pursuant to the 2307 Mortgage,Lender is entitled,but not obligated, Mortgage, and Guaranty, together with subsequent modifications, and all other to advance sums to insure, maintain, and preserve the mortgaged property, and 29 30 4889-3803-6884,v,1 4889-3803-6884,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT f _ w ! E-FILED 2023 NOV 29 3:06 PM CLERK OF DISTRICT COURT ?-473 those expenses are recoverable as additional indebtedness under the 2322 Loan f1 L L_C f14 TS 77 AND 85, STONE BRIDGE ESTATES - PART 7, i 101: WCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, Documents. PAGE 81,PLAT RECORDS OF JOHNSON COUNTY,IOWA 207. As of October 31, 2023, Borrower owes $235,910.89 under the 2322 '' -- , LOTS 91, 92, 93, 98,99, 109, 11C, 114, 115, 116, OUTLOT B, STONE BRIDGE ESTATES - PART 8, ACCORDING TO THE PLAT Loan. THEREOF RECORDED IN BOOI{ 58, PAGE 247, PLAT RECORDS OF JOHNSON COUNTY,IOWA STONE BRIDGE DEVELOPMENT LOAN-2316 LOTS 117, 118, 119, 120, 122, 123, 125, 126, 128, 129, 130, 131, 132, 208- On June 16, 2022, Borrower entered a commercial loan transaction, 133, 134, 135, 136, 137, STONE BRIDGE ESTATES - PART 9, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOI{59, pursuant to which Borrower obtained a loan(the"2316 Loan")from Lender. PAGE 400,PLAT RECORDS OF JOHNSON COUNTY,IOWA 209. Borrower obtained the 2316 Loan to develop real property into LOTS 139, 140, 152, 153, 160, 161, 162, 163, 164, STONE BRIDGE ESTATES - PART 10, ACCORDING TO THE PLAT THEREOF properties for the purposes of residential construction to sell to third parties. RECORDED IN BOOI{63,PAGE 11,PLAT RECORDS OF JOHNSON 210. In connection with the 2316 Loan,Borrower executed and delivered to COUNTY,IOWA LOTS 1-13, INCLUSIVE, STONE BRIDGE ESTATES - PART 11, Lender a Promissory Note dated June 16,2022,in the original principal amount of ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, $2,343,750.00(as amended or modified,the"2316 Note").A true and correct copy of PAGE 6,PLAT RECORDS OF JOHNSON COUNTY,IOWA the 2316 Note is attached hereto as Exhibit 33. 214. Lender has executed and recorded three Partial Releases of Real 211. To secure the indebtedness of Borrower evidenced by the 2316 Note, Estate Mortgage as to said property. The 2316 Mortgage currently encumbers the following described real property: Borrower signed and delivered to Lender a Purchase Money Mortgage dated June LOTS 77 AND 85, STONE BRIDGE ESTATES - PART 7, 16, 2022 (as amended or modified, the "2316 Mortgage") securing credit in the ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 56, amount of$3,125,000.00.A true and correct copy of the 2316 Mortgage is attached PAGE 81,PLAT RECORDS OF JOHNSON COUNTY,IOWA LOTS 98, 99, 109, 110, 114, 115, 116, OUTLOT B, STONE BRIDGE hereto as Exhibit 34. ESTATES - PART 8, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOI{ 58, PAGE 247, PLAT RECORDS OF 212. The 2316 Mortgage was recorded on June 27, 2022 with the Office of JOHNSON COUNTY,IOWA the Johnson County Recorder in Book 6395 at Page 618. LOTS 117, 118, 119, 120, 123, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, STONE BRIDGE ESTATES - PART 9, 213, The 2316 Mortgage originally mortgaged and conveyed the following ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 59, described real property: PAGE 400,PLAT RECORDS OF JOHNSON COUNTY,IOWA 31 32 4889-3803-68M,v.1 4889-3803-6884,v,1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 1 ?)a] �j E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 1 13 D, T__ 1 + e e f1r f�]� f� LOTS 139, 140, 152, 153, 160, 164, STONE BRIDGE ESTATES — "+22.�✓6der the 2316 Note, interest accrues on the 2316 Loan at the non- PART 10, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 63, PAGE 11, PLAT RECORDS OF JOHNSON COUNTY, `, i! + =- Aphurt rate of 5.15 percent per annum based on a 360-day year and the default rate IOWA bF ,! 'af 18.00 percent per annum based on a 360-day year. LOTS 1-13, INCLUSIVE, STONE BRIDGE ESTATES — PART 11, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 65, 223. Pursuant to the 2316 Note, if a payment is 30 days or more late, PAGE 6,PLAT RECORDS OF JOHNSON COUNTY,IOWA Borrower agreed to pay a 5.00 percent per annum late change on any unpaid ("2316 Properties") portion of a regularly scheduled payment. 215. As additional indebtedness of the Borrower, the 2316 Loan is also 224. Pursuant to the 2316 Loan Documents, Borrower agreed to pay secured by the 2303,2307,2309,2313,and 2314 Mortgages. lender's attorneys'fees and legal expenses incurred to collect the 2316 Note. 216. The 2316 Note, 2316 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 225, Pursuant to the 2316 Mortgage, Lender is entitled,but not obligated, Mortgage,2313 Mortgage,2314 Mortgage,and Guaranty,together with subsequent to advance sums to insure, maintain, and preserve the mortgaged property, and modifications, and all other documents executed in connection with, evidencing or those expenses are recoverable as additional indebtedness under the 2316 Loan securing the 2316 Loan are hereinafter the"2316 Loan Documents." Documents. 217. Pursuant to the 2316 Loan Documents, Borrower was required to 226. As of October 31, 2023, Borrower owes $1,796,000.16 under the 2316 make semi-annual payments of all accrued unpaid interest beginning December 16, Loan. 2022,and continuing thereafter. STONE BRIDGE CONSTRUCTION LOAN-2323 218. Borrower has failed to make the required payment when due. 227. On October 14,2022,Borrower entered a commercial loan transaction, 219. Failure to make payment when due is an event of default under the pursuant to which Borrower obtained a loan(the"2323 Loan")from Lender. 2316 Loan Documents. 228. Borrower obtained the 2323 Loan to construct a residential home to 220. On August 18, 2023, Lender provided written notice to Borrower of sell to third parties. Borrower's failure to make the required payment when due.A true and correct copy 229. In connection with the 2323 Loan,Borrower executed and delivered to of the said notice is attached hereto as Exhibit 7. Lender a Promissory Note dated October 14,2022,in the original principal amount 221. Borrower failed to cure the defaults set forth in the notice. of$412,250.00(as amended or modified,the"2323 Note").A true and correct copy of the 2323 Note is attached hereto as Exhibit 35. 33 34 4889-3803-6884,v 1 4889-3803-6884,v,1 l 1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT - x E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 230. To secure the indebtedness of Borrower evidenced by the 2323 N jg23 Df- 1.2: 0 236. Borrower has failed to mats,the required payment when due. cc Borrower signed and delivered to Lender a Mortgage dated October 14, 2022 (as i 237- Failure to make payment when due is an event of default under the } amended or modified, the "2323 Mortgage") securing credit in the amount of` r+ I 2323 Loan Documents. $485,000.00. A true and correct copy of the 2323 Mortgage is attached hereto as 238. On August 18, 2023, Lender provided written notice to Borrower of Exhibit 36. Borrower's failure to make the required payment when due.A true and correct copy 231. The 2323 Mortgage was recorded on October 17,2022 with the Office of of the said notice is attached hereto as Exhibit 7. the Johnson County Recorder in Book 6434 at Page 68. 239. Borrower failed to cure the defaults set forth in the notice. 232. The 2323 Mortgage mortgages and conveys the following described real 240, Under the 2323 Note, interest accrues on the 2323 Loan at the non- property: default rate of 5.70 percent per annum based on a 360-day year and the default rate LOT 163, STONE BRIDGE ESTATES — PART TEN, IOWA CITY, of 18.00 percent per annum based on a 360-day year. IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 63, PAGE 11, PLAT RECORDS OF JOHNSON COUNTY, 241_ Pursuant to the 2323 Note, if a payment is 30 days or more late, IOWA Borrower agreed to pay a 5.00 percer-t per annum late change on any unpaid ("2323 Property") which is located at 23 Huntington Drive, Iowa City, Iowa 52245. portion of a regularly scheduled paymen,. 233. As additional indebtedness of the Borrower, the 2323 Loan is also 242. Pursuant to the 2323 Loan Documents, Borrower agreed to pay secured by the 2303,2307,2309,2313,2314,2316,2317,2320,and 2321 Mortgages. lender's attorneys'fees and legal expenses incurred to collect the 2323 Note. 234. The 2323 Note, 2323 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 243. Pursuant to the 2323 Mortgage, Lender is entitled, but not obligated, Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, 2320 to advance sums to insure, maintain, and preserve the mortgaged property, and Mortgage, 2321 Mortgage, and Guaranty, together with subsequent modifications, those expenses are recoverable as add=tional indebtedness under the 2323 Loan and all other documents executed in connection with, evidencing or securing the Documents. 2323 Loan are hereinafter the"2323 Loan Documents." 244. As of October 31, 2023, Borrower owes $468,517.90 under the 2323 235, Pursuant to the 2323 Loan Documents, all outstanding principal and Loan. accrued interest was due and payable to Lender in full on July 14,2023. STONE BRIDGE CONSTRUCTION LOAN-2325 35 36 4889-3803-6884,v.1 4869-3803-6884,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT i R E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 245. On October 14,2022,Borrower entered a commercial loan transaction, 1913 0r' 1i(# 1ry�2 As additional indebtedness of the Borrower, the 2325 Loan is also i0 U pursuant to which Borrower obtained a loan(the"2325 Loan')from Lender, secured by the 2303, 2307, 2309, 2313, 2314, 2316, 2317, 2320, 2321, and 2323 r 246. Borrower obtained the 2325 Loan to construct a residential home to Mortgages. to �- sell to third parties. 252. The 2325 Note, 2325 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 247. In connection with the 2325 Loan,Borrower executed and delivered to Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, 2320 Lender a Promissory Note dated October 14,2022,in the original principal amount Mortgage,2321 Mortgage,2323 Mortgage,and Guaranty,together with subsequent of$389,300.00(as amended or modified,the"2325 Note").A true and correct copy of modifications, and all other documents executed in connection with, evidencing or the 2325 Note is attached hereto as Exhibit 37. securing the 2325 Loan are hereinafter the"2325 Loan Documents." 248, To secure the indebtedness of Borrower evidenced by the 2325 Note, 253. Pursuant to the 2325 Loan Documents, all outstanding principal and Borrower signed and delivered to Lender a Mortgage dated October 14, 2022 (as accrued interest was due and payable to Lender in full on July 14,2023. amended or modified, the "2325 Mortgage") securing credit in the amount of 254. Borrower has failed to make the required payment when due. $458,000.00. A true and correct copy of the 2325 Mortgage is attached hereto as 255. Failure to make payment when due is an event of default under the Exhibit 38. 2325 Loan Documents. 249. The 2325 Mortgage was recorded on October 17,2022 with the Office of 256. On August 18, 2023, Lender provided written notice to Borrower of the Johnson County Recorder in Book 6434 at Page 80. Borrower's failure to make the required payment when due.A true and correct copy 250, The 2325 Mortgage mortgages and conveys the following described real of the said notice is attached hereto as Exhibit 7. property: 257. Borrower failed to cure the defaults set forth in the notice. LOT 161, STONE BRIDGE ESTATES — PART TEN, IOWA CITY, 258, Under the 2325 Note, interest accrues on the 2325 Loan at the non- IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 63, PAGE 11, PLAT RECORDS OF JOHNSON COUNTY, default rate of 5.70 percent per annum based on a 360-day year and the default rate IOWA of 18.00 percent per annum based on a 360-day year. ("2325 Property") which is located at 47 Huntington Drive, Iowa City, Iowa 52245. 37 38 4889-3803-6884,v.1 4889-3803-6884,v.1 I I E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT f y ! b E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 259. Pursuant to the 2325 Note, if a payment is 30 days or more late, 11 #715dl.00. A true and correct copy of the 2326 Mortgage is attached hereto as Borrower agreed to pay a 5.00 percent per annum late change on any unpaid - . Exlfibit 40. portion of a regularly scheduled payment. 1(� 5 267. The 2326 Mortgage was recorded on October 17,2022 with the Office of 260. Pursuant to the 2325 Loan Documents, Borrower agreed to pay the Johnson County Recorder in Book 6434 at Page 86. lender's attorneys'fees and legal expenses incurred to collect the 2325 Note. 268. The 2326 Mortgage mortgages and conveys the following described real 261. Pursuant to the 2325 Mortgage, Lender is entitled,but not obligated, property: to advance sums to insure, maintain, and preserve the mortgaged property, and LOT 91, STONE BRIDGE ESTATES —PART EIGHT, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN those expenses are recoverable as additional indebtedness under the 2325 Loan BOOK 58, PAGE 247, PLAT RECORDS OF JOHNSON COUNTY, IOWA Documents. ("2326 Property")which is located at 2-8 Colchester Drive, Iowa City, Iowa 262. As of October 31, 2023, Borrower owes $443,618.91 under the 2325 52245. Loan. 269. As additional indebtedness of the Borrower, the 2326 Loan is also STONE BRIDGE CONSTRUCTION LOAN-2326 secured by the 2303, 2307, 2309, 2313 2314, 2316, 2317, 2320, 2321, 2323, and 263. On October 14,2022,Borrower entered a commercial loan transaction, 2325 Mortgages. pursuant to which Borrower obtained a loan(the"2326 Loan")from Lender. 270. The 2326 Note, 2326 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 264. Borrower obtained the 2326 Loan to construct a residential home to Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, 2320 sell to third parties. Mortgage, 2321 Mortgage, 2323 Mortgage,2325 Mortgage, and Guaranty,together 265. In connection with the 2326 Loan,Borrower executed and delivered to with subsequent modifications, and all other documents executed in connection Lender a Promissory Note dated October 14,2022,in the original principal amount with, evidencing or securing the 2326 Loan are hereinafter the "2326 Loan of$591,175.00(as amended or modified,the"2326 Note").A true and correct copy of Documents." the 2326 Note is attached hereto as Exhibit 39. 271- Pursuant to the 2326 Loan Documents, all outstanding principal and 266. To secure the indebtedness of Borrower evidenced by the 2326 Note, accrued interest was due and payable to Lender in full on July 14,2023. Borrower signed and delivered to Lender a Mortgage dated October 14, 2022 (as 272. Borrower has failed to make the required payment when due. amended or modified, the "2326 Mortgage") securing credit in the amount of 39 40 4669-3803-6664,v.1 4669-3603-6884,v.1 P— 3 s E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 273. Failure to make payment when due is an event of default and;013.DL [ 282. Borrower obtained the 2327 Loan to construct a residential home to i At, 0 2326 Loan Documents. 4 sell to third parties. 274. On August 18, 2023, Lender provided written notice to Borrowet,Pf 1 283. In connection with the 2327 Loan,Borrower executed and delivered to Borrower's failure to make the required payment when due.A true and correct copy Lender a Promissory Note dated October 14,2022,in the original principal amount of the said notice is attached hereto as Exhibit 7. of$549,950,00(as amended or modified,the"2327 Note").A true and correct copy of 275. Borrower failed to cure the defaults set forth in the notice. the 2327 Note is attached hereto as Exhibit 41. 276. Under the 2326 Note, interest accrues on the 2326 Loan at the non- 284. To secure the indebtedness of Borrower evidenced by the 2327 Note, default rate of 5.70 percent per annum based on a 360-day year and the default rate Borrower signed and delivered to Lender a Mortgage dated October 14, 2022 (as of 18.00 percent per annum based on a 360-day year. amended or modified, the "2327 Mortgage") securing credit in the amount of 277. Pursuant to the 2326 Note, if a payment is 30 days or more late, $647,000.00. A true and correct copy of the 2327 Mortgage is attached hereto as Borrower agreed to pay a 5.00 percent per annum late change on any unpaid Exhibit 42. portion of a regularly scheduled payment. 285. The 2327 Mortgage was recorded on October 17,2022 with the Office of 278. Pursuant to the 2326 Loan Documents, Borrower agreed to pay the Johnson County Recorder in Book 6434 at Page 97. lender's attorneys'fees and legal expenses incurred to collect the 2326 Note. 286. The 2327 Mortgage mortgages and conveys the following described real 279. Pursuant to the 2326 Mortgage, Lender is entitled, but not obligated, property: to advance sums to insure, maintain, and preserve the mortgaged property, and LOT 92, STONE BRIDGE ESTATES—PART EIGHT, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN those expenses are recoverable as additional indebtedness under the 2326 Loan BOOK 58, PAGE 247, PLAT RECORDS OF JOHNSON COUNTY, IOWA Documents. ("2327 Property")which is located at 226 Colchester Drive, Iowa City, Iowa 280. As of October 31, 2023, Borrower owes $658,455.92 under the 2326 52245. Loan. 287 As additional indebtedness of the Borrower, the 2327 Loan is also STONE BRIDGE CONSTRUCTION LOAN-2327 secured by the 2303, 2307, 2309, 2313, 2314, 2316, 2317, 2320, 2321, 2323, 2325, 281. On October 14,2022,Borrower entered a commercial loan transaction, and 2326 Mortgages. pursuant to which Borrower obtained a loan(the"2327 Loan')from Lender. 41 42 4669-3603-6884,v.1 4889-3803-6664,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT - ! E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 173 C�� Ave 288. The 2327 Note, 2327 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 `'�' pit'! Pursuant to the 2327 Loan Documents, Borrower agreed to pay Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, 2320 'r j 'i r lender's attorneys'fees and legal expew es.incurred to collect the 2327 Note. Mortgage, 2321 Mortgage, 2323 Mortgage, 2325 Mortgage, 2326 Mortgage, and ., 297. Pursuant to the 2327 Mortgage, Lender is entitled, but not obligated, Guaranty, together with subsequent modifications, and all other documents to advance sums to insure, maintain, and preserve the mortgaged property, and executed in connection with, evidencing or securing the 2327 Loan are hereinafter those expenses are recoverable as adcitional indebtedness under the 2327 Loan the"2327 Loan Documents." Documents. 289. Pursuant to the 2327 Loan Documents, all outstanding principal and 298. As of October 31, 2023, Borrower owes $624,768.42 under the 2327 accrued interest was due and payable to Lender in full on July 14,2023. Loan. 290, Borrower has failed to make the required payment when due. STONE BRIDGE CONSTRUCTION LOAN-2328 291. Failure to make payment when due is an event of default under the 299. On October 14,2022,Borrower entered a commercial loan transaction, 2327 Loan Documents. pursuant to which Borrower obtained a loan(the"2328 Loan')from Lender. 292. On August 18, 2023, Lender provided written notice to Borrower of 300. Borrower obtained the 2328 Loan to construct a residential home to Borrower's failure to make the required payment when due.A true and correct copy sell to third parties. of the said notice is attached hereto as Exhibit 7. 301. In connection with the 2323 Loan,Borrower executed and delivered to 293. Borrower failed to cure the defaults set forth in the notice. Lender a Promissory Note dated October 14,2022,in the original principal amount 294. Under the 2327 Note, interest accrues on the 2327 Loan at the non- of$608,515.00(as amended or modified,the"2328 Note").A true and correct copy of default rate of 5.70 percent per annum based on a 360-day year and the default rate the 2328 Note is attached hereto as Exhibit 43. of 18.00 percent per annum based on a 360-day year. 302. To secure the indebtedness of Borrower evidenced by the 2328 Note, 295. Pursuant to the 2327 Note, if a payment is 30 days or more late, Borrower signed and delivered to Lender a Mortgage dated October 14, 2022 (as Borrower agreed to pay a 5.00 percent per annum late change on any unpaid amended or modified, the "2328 Mortgage") securing credit in the amount of portion of a regularly scheduled payment. $749,000.00. A true and correct copy o=the 2328 Mortgage is attached hereto as Exhibit 44. 43 44 4889-3803-6884,v.1 4889-3803-6884,v,1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT r p`" AILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT i~ 303. The 2328 Mortgage was recorded on October 17,2022 with the Office of �z: 1 10. On August 1& 2423, Lender provided written notice to Borrower of the Johnson County Recorder in Book 6434 at Page 108. Barrows fai y��to make the required payment when due.A true and correct Copy - 304. The 2328 Mortgage mortgages and conveys the following described real td'the said notice is attached hereto as Exbibit 7. property: 311 Borrower failed to cure the defaults set forth in the notice. LOT 93, STONE BRIDGE ESTATES —PART EIGHT, IOWA CITY, 312. Under the 2328 Note, interest accrues on the 2328 Loan at the non- IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 58, PAGE 247, PLAT RECORDS OF JOHNSON COUNTY, default rate of 5.70 percent per annum based on a 360-day year and the default rate IOWA of 18.00 percent per annum based on a 360-day year. ("2328 Property")which is located at 234 Colchester Drive, Iowa City, Iowa 52245. 313, Pursuant to the 2328 Note, if a payment is 30 days or more late, 305. As additional indebtedness of the Borrower, the 2328 Loan is also Borrower agreed to pay a 5.00 percent per annum late change on any unpaid secured by the 2303, 2307, 2309, 2313, 2314, 2316, 2317, 2320, 2321, 2323, 2325, portion of a regularly scheduled payment. 2326,and 2327 Mortgages. 314. Pursuant to the 2328 Loan Documents, Borrower agreed to pay 306. The 2328 Note, 2328 Mortgage, 2303 Mortgage, 2307 Mortgage, 2309 lender's attorneys'fees and legal expenses incurred to collect the 2328 Note. Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 Mortgage, 2320 315. Pursuant to the 2328 Mortgage, Lender is entitled,but not obligated, Mortgage, 2321 Mortgage, 2323 Mortgage, 2325 Mortgage, 2326 Mortgage, 2327 to advance sums to insure, maintain, and preserve the mortgaged property, and Mortgage, and Guaranty, together with subsequent modifications, and all other those expenses are recoverable as additional indebtedness under the 2328 Loan documents executed in connection with, evidencing or securing the 2328 Loan are Documents. hereinafter the"2328 Loan Documents." 316. As of October 31, 2023, Borrower owes $691,797.79 under the 2328 307. Pursuant to the 2328 Loan Documents, all outstanding principal and Loan. accrued interest was due and payable to Lender in full on July 14,2023. OPERATING LOAN-4677 308. Borrower has failed to make the required payment when due. 317. On May 2, 2022, Borrower entered a commercial loan transaction, 309. Failure to make payment when due is an event of default under the pursuant to which Borrower obtained a loan(the"4677 Loan")from Lender. 2328 Loan Documents. 318. Borrower obtained the 4677 Loan to finance short term operating expenses. 45 46 4889-3803-6884,v 1 4889-3803-6884,v.1 • � i i E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT =• ' E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT VT 319. In connection with the 4677 Loan,Borrower executed and delivered to voU2,'aN5I as all other obligations of Borrower to Lender.A true and correct copy Lender a Commercial Promissory Note and Loan Agreement dated May 2, 2022,in i i 6f the 4677 Guaranty is attached as Exhibit 48. � - 1 the original principal amount of$70,000.00 (as amended or modified, the "4677 ''' f 1 323. As additional indebtedness of the Borrower, the 4677 Loan is also Note").A true and correct copy of the 4677 Note is attached hereto as Exhibit 45. secured by the 2303, 2307, 2309, 2313 2314, 2316, 2317, 2320, 2321, 2323, 2325, 320. To secure the indebtedness of Borrower evidenced by the 4677 Note, 2326,2327,and 2328 Mortgages. Borrower signed and delivered to Lender a Commercial Security Agreement dated 324. The 4677 Note, 4677 Security Agreement, 2303 Mortgage, 2307 May 2,2023(as amended or modified,the"4677 Security Agreement")pledging the Mortgage, 2309 Mortgage, 2313 Mortgage, 2314 Mortgage, 2316 Mortgage, 2317 following assets as security for the 4677 Loan: Mortgage, 2320 Mortgage, 2321 Mortgage, 2323 Mortgage, 2325 Mortgage, 2326 All of Debtor's assets including, without limitation, documents, Mortgage, 2327 Mortgage, 2328 Mortgage, and 4677 Guaranty, together with documents of title (including, without limitation, warehouse receipts and bills of lading),"As-Extracted Collateral,""Fixtures,""Goods,"and subsequent modifications, and all other documents executed in connection with, all of the Debtor's property described below which the Debtor now owns or may hereafter acquire or create and all proceeds and products evidencing or securing the 4677 Loan are hereinafter the"4677 Loan Documents." thereof, whether tangible or intangible„ including proceeds of insurance and which may include, but shall not be limited to, any 325. Pursuant to the 4677 Loan Documents, all outstanding principal and items listed on any schedule or list attached hereto. (the"Collateral"),as further described and defined in the 4677 Security Agreement. accrued interest was due and payable to Lender in full on June 2,2023. 326. Borrower has failed to make_the required payment when due. A true and correct copy of the 4677 Security Agreement is attached hereto as Exhibit 46. 327. Failure to make payment when due is an event of default under the 4677 Loan Documents. 321. On May 3, 2023, Lender filed a UCC-1 Financing Statement with the 328. On August 18, 2023, Lender provided written notice to Borrower of Iowa Security of State as file number E23025549-3.A true and correct copy of said filing is attached hereto as Exhibit 47. Borrower's failure to make the required payment when due.A true and correct copy of the said notice is attached hereto as Exhibit 7. 322• To further secure the 4677 Loan, Guarantor executed and delivered to Lender an Unlimited Continuing Guaranty dated May 2, 2023 (the "4677 329. Borrower failed to cure the defaults set forth in the notice. Guaranty") under which Guarantor unconditionally, absolutely, and irrevocably guaranteed the full and prompt payment of the indebtedness owed under the 4677 47 48 4889-3803-6884,v.1 4889-3803-68fi4,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT pp 2 ✓ E-OttlyD,2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 330- Under the 4677 Note, interest accrues on the 4677 Loan at the non- prt age ("Agreement to Pledge"). A true and correct copy of the Agreement to default rate of 8.0 percent per annum based on a 360-day year and the default rate Pledge i3 attadAgr'�q as Exhibit 51. of 18.00 percent per annum based on a 360-day year. 338. Tu'further secure the indebtedness of Allen Homes Inc.. Guarantor 331. Pursuant to the 4677 Note, if a payment is 30 days or more late, executed and•delivered to Lender an Unlimited Continuing Guaranty On duly 19. Borrower agreed to pay a 5.00 percent per annum late change on any unpaid 2006 ("1851 Guaranty").A true and correct copy of the 1851 Guaranty is attached portion of a regularly scheduled payment. hereto as Exhibit 52. 332. Pursuant to the 4677 Loan Documents, Borrower agreed to pay 339. The 1851 Signature Card, 1851 Terms and Conditions, Agreement to lenders attorneys'fees and legal expenses incurred to collect the 4677 Note. Pledge, 1851 Guaranty, and 2303 Mortgage, together with subsequent 333. Pursuant to the 4677 Security Agreement, Lender is entitled, but not modifications, and all other documents executed in connection with, evidencing or obligated, to advance sums to insure, maintain, and preserve the Collateral, and securing the 1851 Account are hereinafter the"1851 Account Documents." those expenses are recoverable as additional indebtedness under the 4677 Loan 340. Allen Homes,Inc.has overdrawn the 1851 Account.A true and correct Documents. accounting of the balance is attached hereto as Exhibit 53. 334. As of October 31, 2023, Borrower owes $82,029.11 under the 4677 341. Pursuant to the Terms and Conditions of the 1851 Account, Allen Loan. Homes,Inc.is liable for the overdrawn balance of the 1851 Account. DEPOSIT ACCOUNT-1851 342. As of October 31, 2023,Allen Homes, Inc. owes$76,199.58 under the 335. On May 24, 2006, Allen Homes, Inc. opened a deposit account (the 1851 Account. "1851 Account") with Lender. A true and correct copy of the Signature Card(the DEPOSIT ACCOUNT-6357 "1851 Signature Card")is attached hereto as Exhibit 49. 343. On April 11, 2019, Borrower opened a deposit account (the "6357 336. Allen Homes, Inc. agreed to be bound by the Terms and Conditions of Account') with Lender. A true and correct copy of the Signature Card(the "6357 the 1851 Account, a true and correct copy of the current Terms and Conditions is Signature Card")is attached hereto as Exhibit 54. attached hereto as Exhibit 50. 344. Borrower agreed to be bound by the Terms and Conditions of the 6357 337. To secure indebtedness of Allen Homes Inc., Borrower executed and Account, a true and correct copy of the current Terms and Conditions is attached delivered to Lender an Agreement to Pledge on February 3,2021,pledging the 2303 hereto as Exhibit 50. 49 50 4889-3803-6B84,v.1 48B9-3803-6884,v.1 r I i I E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 345. To secure indebtedness of Borrower, Borrower executed and delivered 353. Borrower has failed to make payment as and when due, and, to Lender the Agreement to Pledge,pledging the 2303 Mortgage.A true and correctr,r- _ ,accordingly,is in default under the Notes. copy of the Agreement to Pledge is attached hereto as Exhibit 51. 354. Asa result of Borrower's defaults,Lender accelerated each of the Notes 346. The 6357 Signature Card, 6357 Terms and Conditions, Agreement to which were not yet matured. Pledge,Guaranty,and 2303 Mortgage,together with subsequent modifications,and 355. Lender provided notice to Borrower of Borrower's defaults, but all other documents executed in connection with, evidencing or securing the 6357 Borrower failed to cure said defaults. Account are hereinafter the"6357 Account Documents." 356, Lender is the owner and holder of the Notes. 347. Borrower has overdrawn the 6357 Account. A true and correct WHEREFORE,Lender requests Judgment on Count I of this Petition against accounting of the balance is attached hereto as Exhibit 55. Borrower in the in the aggregate amount of$11,787,351.10 as of October 31,2023, 348, Pursuant to the Terms and Conditions of the 6357 Account, Borrower together with all additional fees and ccsts,including all other interest and default is liable for the overdrawn balance of the 6357 Account, interest, whether incurred by Lender to date or incurred hereafter, incurred by 349. As of October 31, 2023, Borrower owes $33,921.52 under the 6357 Lender in connection with the collection of the amounts due and owing under the Account. Loan Documents or the protection, preservation and realization of the Mortgaged COUNT I—SUIT ON THE NOTES Properties and Collateral, including late charges, expenses, attorneys' fees, and 350. Lender hereby realleges and restates the allegations contained in costs incurred in connection with the Loan Documents. paragraphs 1 through 349 of this Petition and incorporates the same in this COUNT II—SUIT ON THE 1851 ACCOUNT paragraph by reference as if fully stated in this paragraph. 357. Lender hereby realleges and restates the allegations contained in 351. All of the above-described documents are collectively referred to as the paragraphs 1 through 349 of this Petition and incorporates the same in this "Loan Documents." paragraph by reference as if fully stated in this paragraph. 352. Lender has performed all of its obligations under the Loan Documents, 358. Lender has performed all of its obligations under the 1851 Account. including the 2303, 2309, 2313, 2314, 2317, 2320, 2321, 2307, 2308, 2322, 2316, 359, Allen Homes Inc.has failec to make payment as required by the 1851 2323,2325,2326,2327,2328,and 4677 Notes(the"Notes"). Account,and,accordingly,is in default under the 1851 Account. 51 52 4889-3803-6884,v.1 4889-3803-6884,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT WHEREFORE, Lender requests Judgment on Count II of this Pt tjn 363. Lender hereby realleges and restates the allegations contained in II jj r� against Allen Homes Inc. in the Amount of $76,199.58 as of October 31, 2023, L"I' �j r _ flf paragraphs 1 through 349 of this Petition and incorporates the same in this together with all additional fees and costs, including all other interest and default I it l paragraph by reference as if fully stated in this paragraph. interest, whether incurred by Lender to date or incurred hereafter, incurred,by 364. All of the above-described real property is referred to as the Lender in connection with the collection of the amounts due and owing, including "Mortgaged Properties." late charges, expenses, attorneys' fees, and costs incurred in connection with the 365_ Lender has performed all of its obligations under the Loan Documents, 1851 Account. including the 2303, 2309, 2313, 2314, 2317, 2320, 2321, 2307, 2326, 2323, 2325, COUNT III—SUIT ON THE 6357 ACCOUNT 2326,2327,and 2328 Mortgages(the"Mortgages") 360. Lender hereby realleges and restates the allegations contained in 366. Borrower is in default under the terms of the Mortgages. paragraphs 1 through 349 of this Petition and incorporates the same in this 367. Under the terms of the Mortgages, because of Borrower's defaults, paragraph by reference as if fully stated in this paragraph. Lender is entitled to the foreclosure of Lender's interests in the Mortgaged 361. Lender has performed all of its obligations under the 6357 Account. Properties. 362. Borrower has failed to make payment as required by the 6357 Account, 368. Defendants may claim some right, title, or interest in the Mortgaged and accordingly,is in default under the 6357 Account. Properties. WHEREFORE, Lender requests Judgment on Count III of this Petition 369. Lender's interest in the Mortgaged Properties is superior to the against Borrower in the amount of$33,921.52 as of October 31,2023,together with interests of all Defendants. all additional fees and costs, including all other interest and default interest, 370. Under the terms of the Mortgages, Borrower has waived any right of whether incurred by Lender to date or incurred hereafter, incurred by Lender in redemption. Accordingly, Lender hereby elects foreclosure without redemption connection with the collection of the amounts due and owing,including late charges, pursuant to Iowa Code§654.20. expenses,attorneys'fees,and costs incurred in connection with the 6357 Account. WHEREFORE,Lender requests entry of judgment on Count IV of this COUNT IV—FORECLOSURE OF THE MORTGAGES Petition in rent against the Defendants in the in the aggregate amount of $11,821,272.62 as of October 31,2023,together with all additional fees and costs, 53 54 4669-3603-6884,v 1 4869-3603-6664,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT ' -• E�,E.JLED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT including all other interest and default interest,whether incurred by Lender to date t, + ( N}]n #'}�e� ntee of the Sheriffs Feed be declared entitled to quiet and Peaceful session of the Mortgaged Properties as against the or incurred hereafter,incurred by Lender in connection with the collection of the i ti + 1 —Ddendants, amounts due and owing under the Loan Documents or the protection,preservation (h);, elicit the Court order, upon entry of judgment and decree, that upon application to the Court, any surplus proceeds from executions sale of and realization of the Mortgaged Properties and Collateral,including late charges, the Mortgaged Properties remaining after satisfaction of the judgment in favor of Lender herein to distributed to junior lienholders and other expenses,attorneys'fees,and costs incurred in connection with the Loan interested parties in ac ordance with their relative priority as established by law; Documents. (i) that the Court retain jurisdiction over this matter following entry of WHEREFORE,Lender further requests judgment and decree: judgment and decree for the purpose of entering any orders in the future,including but not linited to the appointment of a receiver,upon (a) establishing Lender's Mortgages as superior to all other rights, titles, notice and hearing regarding same, which the Court may deem liens,interests,or claims of Defendants to the Mortgaged Properties; necessary or appropriate;and (b) foreclosing Lender's Mortgages for the full amount of the aforesaid (j) the Court award and enter such other and further relief as the Court judgment,interest,advancements,and costs; may find Lender entitled to and as may be just and equitable. WHEREFORE,Lender further requests: COUNT V—FORECLOSURE OF SECURITY INTEREST (a) that the Court finds Lender is entitled to foreclosure without 371. Lender hereby realleges and restates the allegations contained in redemption as provided in Iowa Code§§654.20 through 654.26; paragraphs 1 through 349 of this Petition and incorporates the same in this (b) that the decree forever bar and stop each and every Defendants from having or asserting any right, title,lien, interest or claim in or to the paragraph by reference as if fully stated in this paragraph. Mortgaged Properties; 372. Lender has performed all of its obligations under the Loan Documents, (c) that a Special Execution issue from this Court directing the sale of said Mortgaged Properties or so much thereof as may be necessary to including the 4677 Security Agreement. satisfy said judgment,interests,expenses,and costs; 373. Borrower is in default under the terms of the 4677 Security (d) that a Sheriffs Deed be issued to the purchaser of the Mortgaged Properties at execution sale, conveying the absolute title to the Agreement. Mortgaged Properties against Defendants,and all persons claiming by, through, or under them with a Writ of Possession then issuing 374. Under the terms of the 4677 Security Agreement, because of forthwith to put the Grantee of said Sheriffs Deed in immediate possession of the Mortgaged Properties; Borrower's defaults, Lender is entitled the foreclosure of Lender's interest in the (f) that title in the Mortgaged Properties be established, quieted and Collateral. decreed in an absolute title in fee simple to the Grantee of the Sheriffs Deed,adverse to any and all claims of the Defendants; 375. Lender's interest in the Collateral is superior to the interests of all Defendants. 55 56 4889-3803-6884,v.1 4889-3803-6884,v.1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT WHEREFORE,Lender requests entry of judgment on Count V of this (e) the Court award and enter such other and further relief as the Court may find Lender entitled to and as may be just and equitable. Petition with respect to the Collateral against the Defendants in the in the amount COUNTY)—SUIT ON TFIE GuAR&4TIES -- .* of$82,029.11 as of October 31,2023,together with all additional fees and costs, "-% 376. Lender hereby realleges and restates Aklesatiokcontained in including all other interest and default interest,whether incurred by Lender to date C paragraphs 1 through 349 of this Petition and incosporates the same in this or incurred hereafter,incurred by Lender in connection with the collection of the paragraph by reference As it£ally stated in this paragraplU amounts due and owing under the Loan Documents or the protection,preservation, } ' 377. Linder the terms of the Guuranty,4677 Guaranty,and Guaranty, and realization of the Collateral,including late charges,expenses,attorneys'fees, I -' Guarantor is obligated to pay the indebtedness owed under_each of Rie Notes, the and costs incurred in connection with the Loan Documents. CJl 1851 Account,and the 6357 Account. 117 WHEREFORE,Lender further requests judgment and decree: 378, Borrower and Allen Homes,Inc.failed to make payment as and when (a) establishing Lender's Security Interest as superior to all other rights, titles,liens,interests or claims of Defendants to the Collateral; due under the Notes,the 1851 Account,and the 6357 Account,and,accordingly,are (b) foreclosing Lender's Security Interest for the full amount of the in default under the Loan Documents. aforesaid judgment,interest,advancements,and costs; 379. Guarantor is jointly and severally liable for all amounts due and owing WHEREFORE,Lender further requests: under the Notes,the 1851 Account,and the 6357 Account including Lender's costs, (a) that the judgment forever bar and stop each and every Defendants from having or asserting any right,title,lien,interest,or claim in or to expenses, advances, and attorneys' fees incurred in connection with enforcing or the Collateral; protecting Lender's rights under the Loan Documents. (b) that a Writ of Execution issue from this Court directing the sale of the Collateral or so much thereof as may be necessary to satisfy said WHEREFORE, Lender requests Judgment on Count VI of this Petition judgment,interests,expenses,and costs; against Guarantor in the in the aggregate amount of$11,821,272.62 as of October (c) that title in the Collateral be established, quieted and decreed to the purchaser at Sheriffs Sale, adverse to any and all claims of the 31,2023,together with all additional fees and costs,including all other interest and Defendants; default interest,whether incurred by Lender to date or incurred hereafter,incurred (d) that the Court retain jurisdiction over this matter following entry of judgment and decree for the purpose of entering any orders in the by Lender in connection with the collection of the amounts due and owing under the future,including but not limited to the appointment of a receiver,upon notice and hearing regarding same, which the Court may deem Loan Documents or the protection, preservation and realization of the Mortgaged necessary or appropriate;and 57 58 4889-3B03-6884,v,1 4889-3803-6884,v.1 i E a= E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT ' Properties or Collateral,including late charges,expenses,attorneys'fees, and costs DEC + incurred in connection with the Loan Documents. i• 1 �1 p /s/Laura.M.Hver _w LAURA M.HYER(#AT0011886) t, ;1 r Direct Dial:(319)861-8742 t Z Email:lhyer@bradleyriley.com of BRADLEY&RILEY PC 2007 First Avenue SE P.O.Box 2804 Cedar Rapids,IA 52406-2804 Phone:(319)363-0101 and LEWIS I.FIELD(AT0012273) Direct Dial:(319)358-5574 Email:lfield@bradleyriley.com of BRADLEY&RILEY PC Chauncey Building 404 E.College Street,Suite 400 Iowa City,IA 52240 Phone:(319)466.1511 ATTORNEYS FOR PLAINTIFF 59 4999-38036884,v.1 cA ( 4 �.- E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT _ E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT t PROMISSORY NOTE 777((�f+))�T ((!!��,, f_• a a _ PROMISSORY NOTE •LIL� L...p-a � � L' �'] Loan No:' 2]0] (Continued) Paga2 WfHy I.O.A f]O ca¢aCi rCCOvaa} _- 5$E2/21fO.Q0 Qe•.T7•TE211 Q-27 RQ] 7]Q3 lAFf01 522i LENDERS RIGHTS. UPRn delaul.,Lenee'^MY deWre Iha enbra unpd pncyal h.la.rca order Ni.Nola one as arwa uryad Nlercsl aa1MLtNEf..n VM uayraq YJWe.deaxa•NlYa e6hrllYayls11E6iYb'XYW ' �elelY ac<.Fna Nen Barroxer wio paY lnel omounL .aw Gr aBew wF uE0[a+w r.a W Afif/M1Rri'[RS:M>tfaa.Law naa.e-ara.rp uAa�ea4•A ara NaY+Maya lrN K[qY-Ephf.n W Dla BOlOWarl AiNo-ito,P-1LLC L,.d,,: xm.a.n.ne I..,Comp.nY s T IWYM L }•y.ilWlf NYI H-A•YY LPaRaran•na'a.vyare�ra...e:sawfML il+parLrp lw•••.r.�np pn+l'A+ PO Souln Gilb.d ' �iu.a aYaWK. YryawpwxaOM1}w!.¢aa. r,Yt Yr.,.�belxar6l,la•rL�M'a+'ar aMl�MFa•F WiFmLL n.¢MA lava Cuy.0 S]]a t a,Mam Slra.........oNiHi r _ _ barpyn lrL ppOf p/Yar, 2235 IBou)a aET]5 GOVERNING LAW.1AI.Non wII M powrn.d by I.tlx.l law appl'a.bk l0 L.ndx and la w.au.M r.0t pn.mpl.e M leynl yw,1M kvn al Ina su,•of rows MNOut Hove to Ik.OnOdn of law vovnlnn..TM1I.Ne,a M1a.brae.cup...by L.nhr In Ina Sul.of Iowa. Principal Amount:$2,424,250.00 Dale of Note:August 27,2020 CHOICE Of N.E.vE If mere i.1-1.ES.11-1 preen s LarKKr...........uwnl Ip me Ndaman d me won.a a]nn.Rn C-N. sole of Ipwp nww[ESaaAv-.r«Da.wp....ue rBr,...n n....ai.IrLF wiw.w nlwlC rasPl na.aan x.rex..4AEr.rrY awNry atmr..felyCw.na.w.n¢eF p7u.►bx.LaeMf alu.,.a.rordEEwmwnn.w.rxawrPan.wa w.en travrl a 1A.ww wya a. da/x}.I wwn•f Y Try laRtr MF NWf Twry.N•fwaw.E M wHM n•4 i 00.1411 0.xn a4..rp n eew a7w]an✓e{list•.awry w a.p.aL 9mr mil.p+.l wl¢a acwA..aa av as aECw.n WreaxhFF Ta.apL,a{eapl r..s.0 a Mn a nxAeaa••a I.p•.,rr a.aA Irf.wr....wNw nruf..e Ea+lrN AaBrrA X.w a¢r.Irr� w wan.•,a.a .Aa a,wa a•x aLArra.PA a¢prya u.•Yrw.Fly.,.w.w.p.].rraaplr e.lw..+q Ltalo'aaM.L GwfWpra,H'Ay[EREBf OA�CL TrQN rETIiI]0"�nN wHra MMr.X.agan+ri,,°4wa M:'Apo.aaf.vM tlrr.r.wylm irtla.4+s MNarPwa aEy�L' IF,Y.baa.,FVEE�VSaa oug ee�WVga'..eyWf}W ]aa M•Ir.••. . w ar. naAaynef.iA.wrra mb+'/•aAE.r rAf a.aM.•a.euat a.ewl.Awn apLnNwmr•w.avay.Nan u.s...uempwwLao-rpr»cL..lr.aFaa r'am raa�W nr.�aa d 1M'a.fGtfi Al PER tl[FAUL*'n.a•+wr� rn Ms pangreFn YM[A I. .4lrT W+N.pony!r a.nl.sp F•`aaM Tara r Rw.fr ww•yywX.n Aay.r T7,]trsa,p COL LATERALPA Afr.a.af.Q F1y r24r 4F paFwaN+e•w wines YHp+lllaal En as Cr um uawR Ypfp•J H)Earal.f 1f. . Is eond by 1- bLMn BWMC ,,Ras gA2c -oN Amvcn LIS,,III-WaC do`=lqt]rz02p Pemda 1rz12020 Bock 60DI Ppe View,kma CM.IA 522a5:PIeJSe]by Plbn ]e20.raRw we.ywe w.X prya•.ey to M a..w vy Ae.r prF rraV a.na Alw uaL u .a...¢x w.wq h eroDmem ILL n{e.anw rwL payenb wa p...W u a.sev...VwI u lay Tkka.a lern p reran,nwaa'e Taur.L said eRa p'rrw e1rl./r,a.IN .•rsp.rlwaYlan.r.a lr/r.raaedar.yw 4uVvauama[a[ay Myr.rxr.w.f rCanawral l.aarY a.rau.Ae•w ono Mbdlbd arz]rz02o; .YP.a xw.AY.NX Yra.h LrnYr.aq Y.NaY la w4,]a and Rnl Eslab Lfwtpape soled Br1 nD10 R.-d al-DID B.G 5802 Pp:i22 I--Cauny R-on,a 25-P.oB American MAFIMUM INTEREST RAIE lMde V+..anti role on mn Nola e.reea pawpl for any M.her delaull relo yavn L.gon RcaP UD'IUe CpmmuvM Vn W,Ipvn C!ty.IA 522a5.Tedgn py Spmmtl PEpe.LLC; bebwl Ua ksser0118 ON%ov-oi.,a,P amarrcimeum all.apke0 by apph..low nd I-EQ-020. INTEREST CALOPLAlffYf atarOD.lw.valft 4•aRq.4 Cladiii-ea.'NErnkO hnk;11.1 k,m.,IYIn.Inv UP 0l lb-la-, pyy A•.•1a( ..ry¢areaawtfaplaN aXa]AI.A r.e^r.13 1/ha.�l ea t.1.r GNINY•a p=a-q.I/ay.NR a•ryW/t,N.xlwl numb.,d d,i,Me INInI.a.l.nu 1. anon¢•NYhpC.arlt.Ma v3.n[l1.[ ust OF CREDIT.TM pa:..arN.vef.I, ay WC-H On"a'.N.fiu an-eTun•:nal.r•LF.+amca.Qa•reap•nIXr..la pGRAWInT mro-n.yna Fn✓A Ara+4a ay eery P'•F+a Cv.nl.sHap.a u+wEsy as alw rn dF•a aa•ww+A:.r y Ir2MI fca•1 a brwslry i.�vysri t•>rJri rx n�Si Lx n in "e v,w•ai=•, as L Fa a�C WE-- Errs tIe � v•N r.-v.dry.nr.N;w•.:w.e..rxe r.a•Inn+d as'•kAA•�•ic r..nyrwa ra•na IM Mw Cw.X W to ee++.a.CAl..v fan- 'v Drn,¢•.•nn¢n.dnw.f paean Ms.. 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Jv arrpr diva rs�M aPo le.rn.NY^.nSI�aNv Y'.A a Ara-YwnaA V.Y,eLa'.a b, .Isar.lr 9.w uE�M•aW.�1ar.n.4 wYr Y.M•f+Oenaa.�a•=w.u w wv.W .wM.n Fw taw sN w Oamaa.•..x.w:n.f..IZ 4n...M.arapYawnwN na•n9w N.xu.•gx'a..TfyvnsAr..krNlr•[I }.y�r•a uw Ap+.•..r,e �Fa. 4W 4r Xa•Ana oar !• TF rue.eae-.of u• uaatipr.] Ow.]uWw+.Aq..fle.yep+•a•naaWnacaPuoiFp M'iavrw,syry;p rF[bau yMgn dR a.•aWarLeeRaw.a.pau-Efr w.NFr+wbDTa�v my„y on owkla al enr le.maY .ee.rMrr`H-H•p•yrwea pAarrrs.w...s«.erarnNk•ew.¢wNr r.io-u fr Ir. a r afm.av:.weR d.aFvNaamna nry.rmw.r lr..rww HaF a.nL ar]....E.w.vb-A14.kw. ap•nr Oapl.,Ill Main S.neU PD eee]0 NBR,IA fi2]]fi-0160. -DEE OF LOAN lire ep.u!t WrP%re Ol.ha bans InlraAlrupure wale to Maelop 28.2 avn InIP 251o1e IP La Mckn a Cammu..ay LATE CHARGE.N a p.,_a DO deya 0,mbn b4,Borrower Will a ula-gad SAO.%of IN, Pp Id potion Of W.n,lb ly acheduka View Ipxa Cny wyn- FINANCIAL 31 TEMENTS Babwera.bnbwevde L.rdermin avN ananraal Alakacxla and o'Jnrrela;eA lKcrmolan at.vJr Peeuences INTEREST AFTER DEFAULT.Upon&N.N,MOarrgNlaihra p�ay upon final me MrM.IM Inkml A.an aF NPk.net be imaoaM IP and r c .s Lander m.y nnw.Wy.aeon: IS.-Per ovrvm.sea en.yur of O60 den. ..ever rP ev war We eaI rob vases We madman inMrcN.ale I�maaluns Oi1I00E.WPORTANT:REAP eETORE SIGHIHO Tao TEcimt QF�pIE LppAN R6B�EL•Eki S�EpLFW E•E READ UMer appaR.tlelew I:AIyEFLL4T @LCA{DE$5E ONLY TROSP.iE Rk65 Ifs 5'rxF17H6¢ARE ENFII[K@ABLE.HD OTRER 1fRht8�4R 6R►L o rn Ol pn�NMvmg sN.snselule an a enl ol-A FEvenl of Douutl'I weM has xpla: PRI]HrSES Np•I'C6N1 INL 1N TaiE WIOIYEN LOAN AQ f EMEMT MAY f)l.LEGALLY ENE9RC E4. N Eli MAY CNAIiQE iFIE'PERKS GF THE LQAB ANNIMI EN7 ONLY CY A"V ER wAY[1'EN AGNUME Ni P.rnrx wnvn ewrpwer rem ro mae.m wrmemvrnen dw vwer Wn Npb weenw¢mnrr¢n a d lw N xn Bwrmaer,one vPP Ew.mver.Iran Fx.on reaeerrMu.ee, Dln.rf u..iaBprry fAll ro�y wan or 1.ban.",.nY ou'er Inln.owipa6en.co en.m n Fnrla.lo,wnlvned b It,Npk o,ri ae wyyx rw snri sme Io 1nn boner.of f..rwer. ri5 v��aa am aaGns n y lean,obyeuon,coveMn w radnon roru.ined M any Pu:er prvemenl �.a US 0•L OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. ft-PPAy nwdy Leer it Lender h.Ynwen Lender and Bwrowv. wnn or to pP anY baccweb inbm:abon ehoul Borrowers awaan!Isl to a ransom.+reP,.,a o.er Bwrovnra--n-tle -a ne Qd..ra Mlxr w1AL+tXw.Era.•.rrtl p a rL.clar.ae.n RrFrr wFlya v+,pn ersaw uerAry rrAew w ewcrc rnaur.rylas)el. v ant to Lana.v be lonaw:.ap.carp.MAa Bws and Trv.l CanpenY A.In Ls.n Sam D.PL 101 M.m aCnpaK V ay plN]Dra.Par•Yrvw R¢[VI(yaNY 1R[lnLen¢,al nap wr4raF]CS[!.nl iEBYIYY'aPDroperry or Siren,PO Bp•70 HNP,IA 52235-0160 hasnwca reY b..lad AM 4M a aalF,x/pna•ra ertapara a•+a•mn.-p rr r.r•v.nrrH osw�•u Na p[S Fp YAEftW WnIEr.Fer bwleen asP�ewrN IFF M•aCLlal owvnnu nw.ET.'Ie4 halo•.exuM lnx 1 Han pro.Ia.a kss,IaXNrfa[a A" rMa..M.Rc•n x aylrr AIPOa vita la La7..•es Bar• •wpa l' !C:p1u,a-1 1DNa 44 W huX Ca d y aexn.v.M uP to aaM l•YwrEN w'•f.l W b.mnculwwn wmwti indlvldwk.I Nruer nsneWeeV Ih O.rarawf.p/IrF ¢Na ,aZ NEW Fj Nrw'awa.u.•arnr.•aua•w,aaw«rwC.l,Arw a•Awaus. w.Ifit", . rry uw•E n,W aw.aw lawn LnaA•yrrya•a�.P to n.rn.�ra.dn.•a•L. 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THElwpwad.w.w.ver rr Pt 1urr.ea.A--zllK aanw a..ay.iarr4r+knaa•rEF,fy iwnlKGaL..fl✓¢3 PGOR,ono GAING .ETY/prw AT•d I.U•p•Nau DyrP•�••,.r..Nor.xaa.timt,..H,A.w•s..rpYx Fr Lava aAc l+a.mr PMO0.TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PPONSIONS Of THIS NOTE.BORROWER AGREES TO THE a ward asapio,w.pyp•�'.[y¢arrhn.vuga-N=aY klk pros YG+sery FYipf.4 wYr LfCyfOYptl TERMS OF THE NOTE a r•AV LreL r4 n a1.'a.Ca V Cf4 FOPnda. n 6'rraaa 4F La^.Y•.r pf wi Ratrr-0a FI hry aA A*KA- BORNGMER ACKNOWLEDGES RECEIPT OF A COMPLETED COFY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO r or hand lw be anPuM 1NI5 DEBT an.•..El ;Ix Hnved vnlniNM 130)dsn ener lnenseme m evaa eoll.lan,urn.ucn uecwa]or eNucnmvm o m,.el uee, BORROWER: TrMaaMAC R.appW•LnV.rr•Pnry.Fq pRananu erlRa.:*n or any e.�#l;.c.nrea•.+a.• 1adadad Cr�spl�aa./� �. 4aN4 Hxnn.CW aulsxlr gnat lneelp.aaa r'r•egweL ae-C tduler.l. ]okw+:.or rogva6en rr3rl rantca.a^.ne• Hate OGuiLO..P ki D.I.un Undn OIMr Lhn DocumerW A dalaull vccun ubri enY char..laaae,it.,of Iruel or urwaY agrvepnl ronr0y.0 w.M A �1 ponwn or W.Ctl- la! a eaan.was.aawnvy[++.ne b+aVaY•.m me..•kVn w LaXer.1M rnlry if F.AaI.TwTa.a w.Y aaynnl Or mot x.t. a• hamrnaq]d,v�in'va WplevFatl Wuf.a�ep bW,F101.y.tromllne.ve rybMaMu Was v1F•e.Iuarrder wMrn lw R ea wxefr ye+..Ljea^r1f E-~ib Viss ,ar•afrnynra,a-1 rroo:s wYraaapecl No oar O:k -EA•`!�'lf•r• '- -r+'•lf. -....,,,.�r.....r..�ra. ._a.•a••-•-•.wn..�... cn rs.n parb tY w da.rweelevi.r..•C Dyrrny w.ny w.r¢p.fewly rNwlr aa•nr d.4a•vmwpa ears sr��.r vro.bnr e•y...s r[sa+n a•.saw r to r¢Innlnr amp.aq wranr m N.re.rar.,s rnr+ve sr Pa Nola A.-Chs.s. x.1 edv a 1.-etc..In-.Hower.11-1 1 cwn.pon w leMv oeyavea the wo.pee al nYmenl or "nwm.nw of Inn tide,Yrp.be0 N,...uMy LA-n pcod kiln hefwve.INPH inseun EAx rrlwarN...r rgHa4M.Va.n.h a¢.IrJa n en.a•4 aeN+cas W r arr...ky yr awn...•.•DSOs.+•r.xa er pa Eirm•r rpraCOunl•w=.g I va-lire lOnbW.•Fasnve�:�AF21B IlareAa a.r rca arpy Naa•a rin)f EP'ry.i dpiaAa.nCa-w„emlo ii.LrY a'n9a F'Wew.L Pa•K•A'•YMurs.a iioa`N a �r.nwa.a--1 Exhibit]to Petition Exhibit 1 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT t _ swayer E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT CHANGE IN TERMS AGREEMENT ' t e . ^ plkANpal loan Qale WIUF,Ty L-rift W-oe 4"al 3 R3667AD. 11.27-9621 DIL-71.7p;S 2303 6226 7AWAOM 880 6001 PG: 863 -dud:If2112020 psvyPyenr4 PF..4 claygiewl l.adenja,yux -M» Ie."e-Yr slaw.we'v"n r�'Fa'aW xa.n'p - County Receding FOG:L :37.0 AM $7700 ut be�as law.E-Flling Fee:$3.00 Borrower: AIIm DWelopnxm LLC Lender: »t ift 9ankand 1-1 Canpany 1 Combined Fee:$75.00 I City,IA 632M 1l1 Melex5laal,PO Bpe 1a 1 ' r ,.I , -F Revenue Tax: falle.A se- , Kim Point-RECORDER I'M)MS-6T2s johns..County,low. Prinelpal Amount:32,836,528.00 Data of Agreement:December 17,2021 CPIPBON OF-H EW.-I. INTEREST RATE:In.nbna ens m Ub rob-a.-1•NM taro of]as. P.-als are..a,mvddadea e.urbed e,the au,'pb-Aol"Peymmf. S2A24.250 GO line ofC-1 Is-by hvaud W st 038 sal,Go.whale bee a1 balmm If SI,la5,201 sB and S435,402 as-- aagabb FOR RECORDER'S USE ONLY 01011 Lean AT-S2,424 250 M Pro pamd By:Many BoockonptadL Hills Bank an Trust Company,131 Main Street,PO Be.IS.,Hill., CV-lniveel RW f-,Freta Cunent M.umly Deb:Auele127,2023 IA 52236,(80.)4a5-5725 P.1sol rt.aaaa..F w oar W Lae...ae ulnuat of.1 edW MYy/AeaW ph.a-,.ad...I.-an Au,-27,1.21.Is .4d.an,Mevar•ae say new•ria.r;.eymmh all.roue wNaaE avrw Py r r..nn Mnerd N.MpinKq oaamlwr 27, ADDRESS TAX STATEMENT: Llts,PR,.weKe,ri<nl lwlra4/trwiabb due M1e ew 4.1 Na,d„erP.W MII. Haan D-IvprH r4 LLC,PO Me 7474,l.era silly,IA 57N+t INTEREaTaoLWa,exes METHOD.--se Ilb loan h umpuW IU a 2F6na Mab:mat b, f day,'Ith tlb,Wo of lee INnve1 rW ovu .0 r M Sea dry.,multlpWd by is p pol I Is e.Ienw,im,lUpard 41A1 apluM numNr of deYa Uw p11Mye1 behroe a pNIYrW„p. Ae ble,eN paY.M.uMer mb Inn\epmpuud seine Ihb nnhed. Ca.11.M1ssa MAI00,TV,LvuOi as-'es wpgel Pr va 44r4ensn vE Mma 0lee e>yAP ae15a¢oa w uaFgLvti n:wq µ RECORDATION REQUESTED BY: N�°r^enf b � �� MR .w w lb erg�b IwA er�lap HIII.Bank and Trust Company,South 011berl.131 M.In Sbcel,PO Be,160,Hills,UL 5223S as Arwvra are Wrfaub a sMe,nen N Pa eaf(.svv.n.v.wets al lAwr IF reY•e a,ea,.wn H ruY�n vd a.7AFS Faeg.ea`1•aayrery aeea nexaFs.F.1[ea.iaau E 0Pq i[eoeFrg•uaa.E aq Law w RPvy A4y ran t WHEN RECORDED MAIL TO: f.�eE M�M p�pi tla�� v0.r,-uey�lsrl a.FMM^.ens LW!ea du�q�au Hills Bank a11d Trust Company, p •afce 16.f ne Agn.nA�phevl esai.raFSa pony,Alln:Peal-CaelnB Op t.,1]1 Main 6lrecf;PO BOX 160,Hills,IA ee.a IP+tn.^e-•w.�6 rsl revicel lv t^.v+.Taay.Pea'a.++al lR,aA�..+. uKm+ae wrw ba.raw 52235Arfi0 ease,nks newt nleaaent wrnwl^t+l.way.nwWune•iew.pM ryw�r wOwawse.p...e�.tc7m�„a g(�A pCCAARREFUJ�L�MCAIJ i pFJIO BH SIz TE)RHSa N WRIITHE6 8E EseFBtQACEAACLE HO OTHER T f S tlR 11ft5A +AaY OWM GUTIGR 7ME 17MR�u8 D In lOf kAGWeEl&sfii aCnFLYY BV Al N5Rt AY WALnEXLAGACEEMZNi �� MORTGAGE CONDpTIO AL.A Tom nPAYMQR AUMOROATION If me peageph eMEM'Autenue,,P.-.'appeen above,men I Iw)out-ea THIS IS A PURCHASE MONEY MORTGAGE Hax y 1,IWIne II.maba lend to Ir,�ro,d neeeK.rv.eadn mME,ad Hau-te I.,any deM.neee e,nml 1. acmunl.I Mel arAno.bdpe IM1aI menubr Uw Fate B W.rut TrvN Company OR me Flnarci.I InW W un nama above b ro W us-le ,pnaawl of ACN VanucgpK bmy(III)accpunl must umpy wan be piode..of U S.lew.. NOTIC!. Thia ka[Igaal reeuml CM011 In The Mount of$1,275,000,00. Loans and advances up to EeHoE5 TO BENFFlCML OWHE0.Far bu.levee.suuACHLelueye.n.naal Cmx,Mlp,uln,by.Ipmnp Eelo«Inmh lMtl lPn plorld.4 not m0anL IISINor MVe fafli yr er -10,1indebt.dna.e to other c,adi-under aubsag.an8y Hpa Bane and T-A Cmrpu,Y ePpu,YpaM IF le Gla InbrrvMbnne.Nuq a.bmelkhl=and wnirol In di 1.2Hl IuM.r.dbww Idp aetuded or fYad mertgeegae apt deae.e -H a any r -hasMwneury Hxb aeK erb Trust ComgnY of my menaa eo m.Womunpn prorltle0. Ioo rAl so 11m,11 rl so,fATkl'banlGr un pa low Q1 me t of Lay ISNO 1M,has EMN NOTICE 0-p Gy rote 4 son"HII-x b.lv,the,parses aarn to ua ad-,Forniva W mN prmi M role.ro a al.1 C,WIyeea ammi vva'L,Tjea saw!•>er.amA nW.L ae4c-meme.I+e amlMesa nyy war�ayu[d y I 'I e"1 QoT 1M-. c.s al on,MRY,W fo Ter. EF;;9 Iaddress iir'OOPIRM.-1�+Wrv1~Iyi,E ergyn tAEa Tna qM.FAsm.t InN ab:P'.c VW*+nn wnl.r/v+aw Ga,W 1.Tr en�a 3 el Ie, A1WiPRge. Tr I.pl Mep"D 2.y0 pe(aorta Gn aD�O t of Inls xea Fv„vnyW avw,sea ....'•a�aAe n n M1P er eon.trs.�aUaly al yr 0wvwro mH.rry ra Nraarr rAPr10Dg6.TD.panel palu•lx.k.gl Ilaf4ltlE ell air IY4nd rn pogo 2af plla A1lrtpepe O�pcu Ma)b oh .w.letlmNc.o-na-If ea0.Mob�ny'roguhlay a naluary Wm apempplg to Mva.lpb ma enbruaaay Rl Ve T[fi3 64OR 1104t "G January a7, itj--24L M,DYE and Company, hoses d Alton Development LLC jeeleEEtd I.e416 a as"Granlof7a.a Hob Brdt eaa TAnI Lbmpeny,whose address Is 131 Main Street, PO Boa 160.Rus,IA 52236(estarnp 1.Dell.IL'IL nQhn. AGREES TO SIGNING TEAMS THIS F MEEAGRE,Bo11POWFA READ AND UNOEp6TO0D ALL THE PROWSIONS of THIS AGPEEMENT.BORROWER AGREES TO THE TEAMS OF THE EEIPT OF A PMI OF RYe 4 I11 iGI n911M Aldaail-W gpyiFn.a,a,l0lgre ntP I pore f h Emir pep BORROPE ACpIOWlEO0E9 eECEIPT D<0.COMPlelEO COPY of 1111!CHANGE m TEpM9 AOREfMEMI AID ALL OTHER OOCUMENf9 pr11M a0 Le•o.,a Ncalfy M15e e[I N l C-'Q![n:0r'P vgpA hd.-arts KCImS H Plre hP a+a Mnl,at[a) fl-IN TO I HIS DEBT. I,VL Qla;,1 real prappny,IDp0lner NV,0-.letg M Eekwq.uAyj NMO&-_of A!-a DLWrFJL 00nAOALP. AapyrcFrerta L fa5ulpl;rney>na ZWIN a1 eaemp-rs.141N.or wa7,W iAw.x'ar..a,W I odor.,yells-rl;H]L.M1d.nloxr e4 and dilch/"Ise iaegi g siaek Ln H;.a WMn B1M M";Oh_ gb3s):anal ee Whef n;hI1.Faze'--.1,and preota I9WOU LP per lead pre".EMpbxl ewthoul .L[4e DTNs er scC LhY.Mfv.d na'ne+Ll,a7 lim ppasHmed Meet sinew.toes a,Deer YsaEl Pnpel NlaEded MM dpnet DaurPr.raf oe lDaye: rN Commencing at an Iron pin slluated 744 Fed south of Ira northwest corner of the nonnw.el r Irw non fmcllonul quarter of recllon 1B,Townshlp 7E North,Rsngo 6 Wesl of the 6th P.M.,running Ihenco uanrn mtally loss tees te.palm Iel.%d.I I fK.aitnd5 En.am.f 0ue aHar.Ixra Hbenon. 40eMp Ion Nat ie fNe EeMa NM M VA 90asry Ross fa,lass¢Was,41005 4LArar a5 said MDw"..4 sera Me aeuHl Rau,of Heldrnrfrnvlu araeliarras aalner Go"d sexua.If,N Ino Xlaf SUxIAQ TAYSI CONALKr -Whlaeet gE4lMr of 35 a no,InWwr fixalRll atuarlar M"IS If.-W6 10,':Es-nerd ai-I Ins _ .am W of say Btail 11 q I..Pat.t.1 t"Mm",'"W"petlEp"-14e wl"helAp We4nCeo u ash 1Le11a+I.p a1 M.emlga.all smear Ot 1lle neanarr_l Meat!"or Sawn MT.-ship TE a... x ��� Neap,Rage t1 Well.of 1M Sin P.V-gains.eel 115.1 leas"dell.Ratan 510 t.A,Unme v rat 13+ren Iia Ole Scauan Iha7,mlElu."to he A ..Fie"kmlus ,,,,,,,-...e�„�,.,...�;.,..r.�,,...�..,W....,Y,.�,..,,..s•...,.,, Al..excepting Ulos.portions cane.yed to Ise Clly of Iowa City,lows by deeds recorded In Book 569,Page 241;Book 569,Pogo 243;and Ecok 583,Page 408;Deed Records of J,hmon County, Iowa. Ale.excepting that ponlan.Dwayod In Book 625,Page 331. Exhibit 2 to Petition Exhibit 3 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT f E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT M3 +t'�� (f'+, j�^� MORTGAGE `} p(� f�j i Loan No: =2302 (Contlnuedt Page 2 The Roll Proporty or Its address N commonly known as 28,42 acres MtL all Arearican Lugldn Rd, • Iowa CIN,IA. The Real Properly tax identification number N 0918251001. The Real Property pineal Iderthlintion number Is 0918251001. FUTURE ADVANCES- In addition to the Nole,this Mortgage secures a0 Iulure advarKee made by • 1 • Lender to Grantor he or not the advances all made pursuant toe commitment Specifically, w,u l Il mitahon,this Mongaga secures,In addition to the amounts specified in the Note,all future unls Lentler in is discretion may loon to Grantor,together with all Interest IherOon;however,In no 0venl shall such future advances(excluding interest)exceed In the aggregate$1,275,DDO.00. THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE I'll RECOPOERS USE ONLY RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS Prepared By:Marty Boackenstedl,Hills Bank and Trust Company,131 Mein Street,PO Be.160,HMIs, AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS IA 52235,(800)445-5725 MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE.Efc,01.4 so Vlnorw;le plq•kled In bNb Mortgage,GuerM III p(l0 ADDRESS TAX STATEMENT: Lender 0 orinsai secured Vp ells+k4r1pa2s as[hey become due and shall slnclly Perform all of Allen Development LLC,PO Box 3474,Iowa City,IA 52244 Grantors obligations under this IAAdgage. POSSESSION AND MAINTENANCE OF THE PROPERTY.Granler agrees that Granlor's possession and uw W IN Prnpelay Shoe N gaeenad lay fe,felbe4np oely-seer. Nur9 of the etCatnel 40•iflr RECORDATION REQUESTED BY: oMeuraMeei o:ss314We1,am roll Of V.1veo1 1eer41e•led Ay oIe s'demvdml will be used to Hills Bank and Trust Company,South Gilbert,131 Main Street.PO Box 160,Hills,IA 52235 WrxM101o. I1g Awidutli!woeope or pronely newed Im on a4flrpldrol p�peee rl defined In Iowa Cede Seeten s36 13.0 AgnuumurM I014 ondonalsd+n lelae Coll Foshan➢f11 IS;or 175 2(1)',or {]I fkaceiy.bad nor.n apa�mutat Probes its OOL-40 M retire Can Eaebw157{th1(z). WHEN RECORDED MAIL TO: Hills Bank and Trust Company,Ann:Pesltlooing Dept.,131 Main Street;PO Box 160.Hills,IA Pose eseion and Use. Until the occurrence of an Even[of Oelaul4 Grantor may (1) remain et 522354160 pe95eeslon and Control of One Properly;(2)use,operate oil manage the Property;and (3)collect the Rants Ifabe the Property Duty to Maintain.Grantor shall mention the Property in lemntable condition and promptN penonn all repairs,replacements and maintenance necessary to preserve its valve MORTGAGE Hateful—Substances. Grantor represents and warrants that the Property never has been,and THIS IS A PURCHASE MONEY MORTGAGE win ee,,tang as Ili Mortgage rem.its a Iles on me Property,used for the generation, anuleclure 5brage, Ireotmerl disposal, release or In ealened release of any Hazardous NOTICE: This Mortgage occur..credit In The amount of$1.275,000.00. Loans and advances up to Substance in violation of any Environmental Laws Grantor ou[honaus Lumber and its agents to this amount,together with Inleres4 are senior to Indebtedness to other cradlio s under subsequently enter upon the PropeM to mahe seen Inspectons and tests as Lender may deed,approprials to recorded or filed mortgages and Ilan,, do Brune,complgnce of the Property with this section of[he Mortgage. Grantor hereby (1) The names of all Grantors(somellmes-'Gran[or7 can be found on page 1 of this Mortgage The names releases and waives any tuners nup o against Lender for Indemnity of s,and in the even) of all Grantees te0melimes'LOfAef)F1n Ira fedr'2 pn fSgA 1 G this Mortgage. The property address Granlo:bewmes hadle far cleanup or ether cosh under any such laws,antl (2) agrees to can be found cei page 2 of this flaellgage. Ina rpgll epeerlprlon non be found on page 1 of this Jr30nutdr�daiend.and l y lxarndeu Lr01M ygilnH any a10 N e1e'ms and blendsses resulting from t e Mongaga.The parcel identr6iu11on n:amb,rc00 04(w W pagb 2 of this Mongaga onVAN N cox us Indebutd of[(r,Pis, 11W EOlf Moi/n f0 i116emnIN and tlelentl shell survive the pay/ra'.1 of d'!Intleblcdnlll erg Inn ep(NaGwn of I'n Mgnigipe. THIS MORTGAGE dated January 17,2020,Is made and executed between Allen Development LLC DUE ON SALE-CONSENT BY LENDER Lender may,at Lender's option,declare rmmedmtehy due and (referred to below as"Grantor')and Hills Bank and Trust Company,whose edd=s Is 131 Meln Street, pi]'001e all sums Seoul by 01ti Mortgage upon the sale W gerlil9r,'r TOA LVAde l poor rTrAsn PO Box 160,Hills,IA 62235 informed to below a."Louder"), elfls'nt,of all or 4-1y p4xL 0[bra Real property,or any n:eresl rn Inc Heel Peebeny A'141M per GRANT OF MORTGAGE. For valuable consideration,Grantor mortgages and conveys to Lender and Cpnbfer"means NC t%'WOpinCP of R?Nita tun r any NW, tiller m esioutbn hear NealPrsip". whether legal,benofid,l or equilable,w voluntary or Involuntary v y ou g deed, grants to Lender a security Interest in all of Daniel right,tine,and interest in and to the fallowing instafimenl sole commit,land contract,connect for deed,leasehold Iferest with B term grealer than described real property,together with all existing o subsequently erected o affixed buildings, three(3)years.leasebplion contract,of by sale,asli gnmem,,r transfer of any benafle'al Interest In or xnpdervunrNe a xt fixtun0l;ell iM1S prolDa;all sesemerA4,rVa of wary-add eppul.ii eb.V. to any land bust holding bile to the Real Property,or by any other ratified of conveyance of an interest xd1Cr.W c,,r rdho,.walilpuMnaal Mud dub bel Including ounce,in u1ANni wart Q�%h W vrlgav0n in the Real Property. If any Granler is a—location,partnership or Moiled line Illy company,transfer fool;end su Ogler fil 1.loraMM ill proki,rHat[g 10 file real prepblly. ft�,,tIr:ud wngndul also includes any change in ownership of more than twenty-five percent 125%)of the voting stock, fariilllpr rd enuerii oil,go,geerhronrl rod rioter Inaoera,t has"ltoal Property')LaealeS A JehrfrOn partnership Interests or limited liability company Interests,as the case may be,of seen Grantor. County,State of Iowa: However,This option shall not be exercised by Lender if such ex.,,i,e Is prom Gted by federal law or by Content" k 14 1 pxA IAeatcd 744 feat soudl of dap donfrodi con al Or 1N nortllve l Iowa law belcimntl yuanar ill Sal 10.TevIrshi"Norur,ltsepe 1 Wool of Ilw W.P-M.,ryman9 un had. TAXES AND LIENS.The lollovnng provisions relating to the taxes and liens on the Property are pan of eu[erli 1866 fee[lea paint Iecawd III fee[e4efl el Una M"taie el µid quanu,scum peanuts this rAongoge: p.th N."Isel l0 1nl eµtu 111.of U.S.Plenary Row ia6,pUn04 vreel along chri of,alit Nuh irr,and mind IN Wall,tins or uld"Ithwom heelionaf qumv 0 eerd Ell TB.W IN Payment. Grantor shill pay when due land in all events prior to delinauel all taxes,payroll n at.emu al ask nerlhwat IraclWAan quue!bf au.'.,elan III,Ihen[e rwnn.keg fA. taxes,special taxes,assessmen's,water charges and sewer service charges levied against or on en lie V[uW Sallkn 11 le the polo[el lneDi Dimming lxeteUng tlaemtmn the faaawlng dat4hMd account o!the Property,and shelf pay when due all claims for work done on or for servtcas uabn Begtµing at IN a.mhwi Suit IN Ito derlhYM1 geode of S¢eti4n 181 Fovmahy 79 rendered,r material fufmsned to the Property Grantor shall maintain the Property free of any bens NwUI.Rpngh 6 1'ke[ill[h0 6U1 P,M.,Inman.sat 834 Ire1,IM[ice north fi10 lest.fAerspr nNtAn having priority over er equal to the Interest of Lender tinder Ihls Mongape,except for Nose Ilene a5a fnI to Ike Sscdon Inns-nhonce.0"n0 rN prase of blglnning. specifically agfeea to in wrikng by Lender,aM except for the Ilan of taxes and assessments not All,excepllng those portions conveyed to the City or Iowa City,Iowa by deeds recorded In Book due end except as olhenvise provided in[his Mortgage, 569,Page 241;Baok 569,Page 243;and Book 583,Paga 408;Daed Records of Johnson County, PROPERTY DAMAGE INSURANCE,The following provisions relating to insuring the Property area pan Iowa,Also axes ling that potion conveyed In Book 625.Page 331. of this Mortgage Maintenance of Insurance- Grantor shall procure and maintain politics of fie insurance with Exhibit 3 to Petition Exhibit 3 to Petition l ! E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT �, ` t � ! � E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan No:_ �2302 (Continued) Page! -- , Loan No:=302 (Continued) Page 4 _ I slefolard extended coverage endorsements onto feplaeomenl heels for the full Insure Dle value } ' f1 t ,, contained in Ine Mortgage or in any of the Related Documents ovFsrun�naR IC provenunls on the Rea!Property in an amount sufficient to avoid application of any 1 r.. L 1,4 l Default In Favor al Third Padlec,Should Grantor default urtler an ban,elrlensron of credit, c la use,and with a slandard mortgagee clause In favor of Lender. Grantor sired also a ' Y pmb.m and maintain comprehonsNe general Ilabddy insurance in such coverage amounts as Lender urdy agreement,purcnase or sales agreement,or any other agreement In favor of any other may request with Lentler being named ea additional insureds in such liability Insurance policies oa:far or person Thal may macrially affect any or Grantors property or GmnI0r5 ability to Addtllonally,Grantor shad mountain such other insurance.including but not limited to hazard, repay the Indeb ledness may entry to perform Granlo's obligations under this Mortgage business Inlercuption and boiler insurance as LendLenderri require.Policies shall be written by such err any related docurnenl insurance companies and In such lorm es may be re nabl/acceptable to Lender Grantor shall Death or Insolvency.The dissolution of Grantors(regardless of whether election fo continue is dahver to Lender cerlificalas of coverage from each insurer containing a stipulation that coverage made),any member withdraws from fire limited liability co—y or any other larmirelion of will not be canc—al or diminished without a nrnmum of len(10)days'prior written notice to Grantors-stence as a go ng business or Ina death of any nember,the insolvency of Gmnlor, Lender and not containing any dhablaimer of the insurer's liability for failure to give such notice the omor marl of a receiver for any pan of Grantees prOpeby,any asslgnmai for Ine benefit Each insurance policy also shall include an endarsemenl providing that coverage in favor of Lender of creditors,any type of creditor workout,or the c-r menceeki of any p!weeding under any will not be Impaired In any way by any act,omission or default of Grantor or any other person bankru Ic insolvency laws b p y or inso y y or against Grantor Should the Real Property be located all an area designated by area a Atlminislraler or toe Feda^al Breach of Other A aemenl. An breach b Grantor under me;arms o/an other a remain Emergency Id migamenl Agency as special flood humal ,Granlu agrees to brain d gr Y Y y o g maintain Federal Flood Insurance,a available,for the lull mined pnnopal balance of the loan and between Grantor antl Lender that is nor reracc ed within say grace period provided Nerem, any prior hens on the property sewrmg the loan,up to the an-mum policy limits set under the includ,rg wnhoul limita lion any agmemenl concerning my Imiabledness or other obligation of National Floor Insurance Program,or as offin—se required by Lender,and to mamtom such Grantor to Lender,whether existing now or later. muranco for the term of the loan, Events Affecting Guarantor.Any of Na preceding events acacia with respect to any Guarantor Lenders Expenditures. If Bra of any of the Indebtedness or any Gd—ri oil,or baccmes incompetent or revokes or pen y all ion or preens to is commenced pro,would his Mort affect disputes the valldi of.or l aini. der,an Guam f Lender's interest In the Property or if Grantor fails to comply with any provision of his Mortgage or pu es ry, ry,tin y ry o the intlCDlodne55 df7 POti%dd Documents, p Ltd nil limped to Praadys I"—Ifr Garl�Wa pit'when due Ineecurily.Lender in gold fallh be eves itself Insecure. Only AMrivi Grantor is tpAiriirrd he discharge of Rsf pRda'I""a"W any Related Llocenreft.Lender on.Gfiq pry D"I may(but 51N Ml be ObI-jW d IW!fir orry acion that Right to Cure.II any defer lt,other Nan a default in payment is cum[a and if Grantor has not Lender deems appropnale on the Property and paying all costs for Insuring,mamlaimng am been given n notice of a roo bch of the same provision of Ihs fAortgege within Ine preceding preserving the Property All such expenditures incurred or paid by Lender for such purposes will twelve(12)months-d may co cured If Grantor,offer Lends•sonde written notice to Grantor then bear interest at the roe cherged under the Note from the dale Inc,rmd or paid by Lender to demanding cure of cucl default (a) w bs Ine derouh with one(1)days;or(b) II the cure the dale of repayment by Gmnlor All such expenses will become a pan of the Indebleme—and, regmaes more than one(1)days,Imra—de'y initiates steps which Lender tleems in Lentlefs al Lenders option,will(1)I be payable an demand; (2) be added to the balance of the Nate and able tlisefelton to be sufficient to cure the default and Ihermllor continues and complalos all be apportioned anki and I e payable with any installment payments,to become due during either reasonable and necessary steps suf!,,,—t to produce wnphanca as soon as reasonably (al the term of any applicable insumm"policy,or Ib)the remaining term or the Nate;or(3)be precdcal Veered as a bedoon payment which will be due and payable at the Note's maturity. Righle and Remedies on Default. Upon the occurrence of an Event of Default and at any time Warranty;Defame,of 711le- The following provisions relating to ownership of the Property are a Ihareafter Lender,al Lenders cobon,may exercise any one or more of the fallowng rights and pan of this Mortgage: rematl'es.in addition to any olhar rights or remedies provided by bw. Tllle. Grantor warrants that' (a)Grantor holds good aria marketable hue of record to the Accelerate Indebtedness, Lender shall have due fight at its option to declare Iho enure Property In lee simple,free and clear of all liens and encumbrances ocher Nan those set forn In Indebted ness Immediately one and payable,Including any arapaymenl penalty that Grantor the Real Progeny descnpllan or in any bile Insurance policy,bill repon,or final fide opinion would be reeuded to pay without notice,except as may be expressly required by applicable issued in favor of,and sic aplad by,Lender in connection with this Mortgage, (b)Grantor has law, - the full nghl,power,and alllhDnly to execute and deliver this Mortgage to Lender end (c)the UCC Remedied, With respeel to all or any pan of the Perseeal Property Lender shall have at bens granted hereby are nor die type of Ilan Warned to in Chapter 575 of the Iowa Code the fights and remadles or a secured party under the Uniform Commercial Code and all its now enacted or hereafter motllltetl,amended or replaced Grantor,for 115e11 Judicial Fareclasura.Lender ire brain a dinar decree lorcbsin Granlof5 interest In erg or tl all pecans claiming by,through or under Grantor,agrees that if claims no lien or right to a y o judicial 9 Len of the type contemplated by Chapter 575 or any other chapter of Ne Code of Iowa antl any pan or the Property. lusher waives all nolice5 and lights pursuant to said low with respect to NO liens hereby NonJudlclal Foreclosure- Lender may ex—se me r;pht to ncn-ludiclal foreclosure pursuant to grenhd-arch fadtrisanls•and NarcYtla f1leC al q 1n•W e party"Ideal to do so and Ilyeask to Iowa Coal Saipan 854.15 and Chapter 655A as now enactd or hereafter modified,amended intlCmrslr-eelmd as eldo himN.'s tefew Vam any loss,Carrrrrpe.end co315,er"Wal or eplaced fsnoula.0aft. k'fMR lnraNrgd G sunceo eY lender arlk4tg tlahe;dreclly or e61KIdy other 0.emedles Lenaer shall have all other rights and came]res Itletl in this titan as any res II of any claim of the eppl!ceblllty of said law to the hens hereby granted. provided gage or the Note or available al law or in equity, Defence el defend s.the mile to to he exception l the ya•arr}ase aowe,p persons warfgy{ells MyIE Ale or the Poperty.To the exlent permitted by applicable b,,Grantor hereby waives any and forever defend the title to the Properly against the IabfW tlekaty of au persons all right to have Ine Property marshalled In exercising its ng,le and remedes,Lender shall be Full Performance. If Grantor pays all the hud,lo ednea5,including without lunilation as future free to sell all or any pan of the Property together or separately,in one sae or by saparale advance a,when due,and othervnsa performs all the obligations Imposed upon Grantor under Into sells Lender shall bo amid ad to bid at any public sale on all a any portion of the Property Mortgage,Lender shall execute and dellver to Grantor a suitable satisfaction of this Mortgage and Elecgon of Remetlles.Election by Lender lO pursue an r shall not eaclutle still of an Witoab stakmehtk of femrareW of ant 61ari statement Oe•711e evidencing Lender's security y emery put y afford t;a Ran{aria Imp,Tee al PI.P.4x ❑lantyr.wdl: d per dual by applicable law, other remedy and an election to make a,"midums or to lake action to perform an obligation any rrir— tune ,-lee any otsecrrsnld by L-4o tvpm life IQ lime. of Grantor under this.Mortgage,after Grantees failure to pedvm, had not affect Lenders right to declare a default and e,enas- its remedies Nothing under this Mortgage or otherwise shall Even rc of Default. Each of the Widening,at Lender's option,shall constitute an Event or Default Ue construed so as to Iimit or 1111 l he rights and emed:es available to Lender fallowing an under lnis Mortgage: Event of Default,or in any way b limit or restrict the rights and at liy of Lender to proceed Payment y pa dueclly against Grantor anchor against any other ca-maker,guarantor,surety or endorser andror De ant Default.Payment tails to make an payment when due under the In y this Mod to proceed against any other collateral directly or Indirectly seunng fhe Indebtedness, make a on Other Payments. False ru e,or an wither the Dina re necessary by this hlangage to Attorney,'Foes;Expenses.It Lender msldutes any suit or acton to enforce any of Ine terms of lee any payment for faxes is,msmance,or any other payment necessary[o prevent filing of or to effect discharge or any lien. this MonBage, Lender shall be enDded to raw such s s the court may adjudge reasermble a5 aRomeys'lees If trial and upon any appeal Madmr or not any court action is Other Default, Grantor rails to comply with any other term,obligation,coven.nl or.-cllion involved and to the eaten[not poh bded by law,all...s—do axpanees Lender Incurs that in Exhibit 3 to Petition Exhibit 3 to Petition I . 'tea E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT "' E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 1'cf MORTGAGE MORTGAGE Loan No:DW2302 (Continued) Pago 5 Loan No: __2002 (Continued) Page 6 Lenders opinion are neeess".4 11 tine fit.and Ireeee p+of as ,:.eel er use enforcement � � _ inaebledness,credit card indebtedneaa,leave pm gahons,tiabl ass and obligations ender any oI its rights atilt bdearpa apart of tba agehseuass paylsda sn uSnaq aa2 iltse bear interest 'r - interest rate protection agreements or ramign currency exchange agreements or commodity al the Note rile■"tors daM M1<ale aytamltwa wag 1p 1. E}wawa comm-3 by interest r 1 pi^o proleclian agreements,other oClpalwns,and liabililles of Bonmver,and any present or paragraph Include,without limitation,however subject to any Ilmits under applicable law, future judgments against Borrower,future advances,loans or transactions that renew,extend, Larrtlers a[lorneys lees and Lenders legal expenses,whether or not there is a lawsuit, modify,re censol:dale or substitute these debts,liabibhes,and oblgalnns whether Inclad mg ellomeys lees and expenses for bankruptcy proceedings(Including efforts to modify volunlarily or In olunlanly Incurred;due or to become due by their terms or acceleration: scale arty automatic slay or Iniunclipn),appeal and any anticipated poslrl dgment absolute or contingent:liquidated or unliquidaled;determined or undelermmed,dir a o collection services,the cost of searching records,obtaining true reports(Incitu log foreclosure indeed;primary o cendory in nature or onsing Irom a guaranty or surety:secured or ,aeons),surveyors'reports,and appraisal fees and h[fe insurance.to the extent permitted by secured,joint orrse vial or joint and save 1.ovidenced by a negotiable or non-negoliable applicable law.Grantor also will pay any court costs,in addition to all other sums powded by rhslrumenl or wrihng;i originated by Lender or another or others;caned or unenforceable I- al Borrower for any reason whatsoever;for any Vansactlore that may W voidable for any reasShortened Redemption.,Grantor hereby agrees mat.in the event of foroclosu:o of tors Mortgage, on(such as infancy,nsan:ty,ulna vines or olh,mis,):and originated then reduced or Lentler may, I Lenders sole o lion,elect to reduce the rod of ocismi lron t to Iowa exlmguishetl antl then afterwards irlcrgased or reinslaletl. y,a p per such h tint Cede Sections 62B 26,628 27,or G28 2B or any other Iowa Cade Seedon.l0 6uch time as may Leader.The word'Londe,means Hills Bank and Trust Company,its suue55ora and designs be Nan applicable and provided by law Mortgage.The word'Mortgagt"moans[his Mortgage between Grantor and Lender NOTICE OF WAIVER OF HOMESTEAD EXEMPTION, An exhibit,Idled'NOTICE OF WAIVER OF Nola. The word"Note"means the promissory note dated January 17,2020.In the original HOMESTEAD EXEMPTION;Is attached to Ihla Mortgage and by this reference Is made a pad of principal amount of S828,571.47 Irom Grantor to Lentler,together with all renewals of, this klongage just as it all the provisions,[arms and conditions of the Exhibit had been luny set extensions of,moedcation6 of,refinancings of,consolidal'ans of,and substitutions for the forth in this Mortgage ma-ssory nale ar agreement The maturity date of this Mortgage is 0111712045 Miscellaneous Provision,The following miscel modue provisions we a pan of this Mortgage Personal Properly, The words'Personal Property'mean all equipment,Ovaries,and other GoyomMg Law.This Mortgage will be governed by federal law applicable to Lender and,to the articles of personal property now,or,hereafter owned by Grantor,and now or hereafter otlachad silent not preempted by federal law,the laws of the State of Iowa without regard to Its o aH�xed to In.Real Proper},logelher with all accessions,pans,and additions to,ai connlc6 0l law orovlllona-TTIc Mortgage toe boon acrapletl by Londar In lha 51ato of Iowa. riol—menla of,and ail substitutions tor,any of such properly;and together with all proceeds Choir of Venue. If Hare is a lawsuit,Grantor agrees upon Leaders request to submit to the other without bmilalion all mswance proceeds and refunds of premiums)from any sale or perty- junsdicticn of the coons of Johnsen County,Stale of Iowa other Property. The of the Pro rty' Time is of the Essence.Time is of the essence in the penomance of this Mortgage. Properro The word'popery"merino percollectne a the Real Property and the Personal Popery Release al Rights W Dower,H,Mwiawf and Distributive Share,Each of the undersigned hereby Real Property. The words'Real Property"mean the reel property,interests and rights,as relinquishes all rights of dower,homestead and mstnbutive share in and to the Properly arch lurlher described In Ines Mortgage s all rights of exemption as to any of the Properly. If a Grantor is not an owner of the Related Decumenls- The words'Related Documents"mean all promissory notes,credit P opry.that Grantor executes this Mortgage for the sole purpose of reiinqushmg and waning agreements•loan agreements,environmental agreements,guaranties, ,ouny s wimannort . e such rights menages,deeds of trust,security deeds,collateral mortgages,and all other instruments. Dollnlllona, Tne following cepit0lRetl words and forms shag have Ire lollomrg munings when ogl oar Ls and documents,whether now or hereafter exlztiMg,executed an vnIh the used in this Mortgage, Unless specifically staled to the contrary,all references todollar amounts Indebtedness snall mean smeunis in lawful money of the United States of Amcrica Words and terms used in the Rents. The word"Rents"means all present and lulae rents,revenues.Income issues, singular ahatl include the plural,and the plural shall include the singular,as the context may require loyalties,paths,and other benefits hill from the Property. Words and leans not"Mon" Mon"coined m this Mortgage shall have the meanings allributed to such terms in the Uniform Commercial Code: GRANTOR ACR HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND Borrower. The word'Borrower'means Allen Development LLC and includes all co-signers and GRANTOR AGREESES TO TO ITS R5 TERMS. co makers signing the Note and all their auccessors and assigns- - GRANTOR ACKNOWLEDGESRELATING GTOTT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL local Environmental Laws. The words'Enviordinances raisin Laws" p any and all an h federal and OTHER DOCUMENTS RELATING TO THIS DEBT. local statutes,regulations and ortllnantee raising to Me protection of human neafth Or the environment, including without limitation the Comprehensive Environmental Response GRANTOR: Campensalbn,and Lmofity Act of 19BO,as amended,42 U-S.C,Section 9601,of seq ('CE RCLA'),the Supadund Amendments and Reauthorization Act of 1986,Pub-L.No 99-099 ALLEN DEVELOPMENT LLC ("SA me the Haxereuus Materials Trensponatch Act,49 U S C.Section 1801,at seat,the Resource Con"allon and Recovery Act,42 U.S.C.Section 6901.el seq,or other applicable stele or federal lows,alas,or regulations edopled pursuant thereto. By: l Eva nl of Default.The words'Event of Default"mean any of the events of defaull set forth in •JJ( laalnha al Alias.pa.alaemaal r•. this Mortgage in the events of default sectlon of this Mortgage (Insider.The word"Granlo,'means Allen Development LLC Guarantor. The word"Guarantor means any guarantor,surely,or accommodation party of sail?&as M lee lnvsrtllnea- Guaranty- The word"Guaranty"m ns the 9mmaly Nresr GLaii la Le11mn,indexi wrlhout bmilalion a guaranty of all or pan of the Note Indeblednee.a The wore Indebtedness"means all of the principal amount outstanding from I: me to Gate and at any one or more times attrudd unpold Interest Iheoon and all collection costs and legal expenses muted there[p permitted by law,permissible fees,ansing from any and all debts,Ilabililies and obligations of every nature or farm•now existing or hereafter arising or acqu,rW the Borrower Individually or collectively or interchangeably with others,owes or W ill owe Lender'Indebtedness'Includes,Will bmilalion,bens,advances,debts,overdraft Exhibit 3 to Petition Exhibit 3 to Petition i r I I E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE Loan No, .2302 (ConUnued) P.p.7 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF =OG.+� } I I,6S COUNTY OF Jolwlsnn Thts record was acknoMadped before me on �arua�� !'I ,���: ,�,J NOTICE OF WAIVER OF HOMESTEAD EXEMPTION Allen,Member W Allen Oevelapmenl L.C. . Tby NOTICE OF WAIVER OF N0IREBTEAD EXEMPTION Is N ra.c 0Ycbre w avQ y1 NN rcler a n.dr a NI%up M1r4 In am1 sir d Can el me 9".qe,doles J.voagr 17.293e,.w arae..isd m eemve.rlen.ft a Wn er cone. onaveial avevmmodx 0a1M'een N1LL5 BANK A00 TJW$T COMPANY aed An1n Development I.I.C.TIM N.EMT1N HM<v.imHa u4•.. 6 GRANTOR UNDERSTAND THAT HOMESTEAD PEOPER IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE,AND THAT BY SIGNING THIS MORTGAGE,GRANTOR VOLUNTARILY RESPECT 40 GRANTORS RIGHT T1 THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT T37 CLAIMS BASED UPON THIS MORTGAGE THIS NOTICE OF WAIVER OF HOMESTEAD EXEMPTION IS EXECUTED ON JANUARY 17.2020. I.—Pro,Ve,18 3,11 003 CODr.FinaWv USA Cwporaliw 1997,2020 All Rghls Reurved -IA C:LASERPROIRARLAND1CFIlLPL1G03 FC TR-94165 PR46 GRANTOR: ALLEN DEVELOPMENT LLC By:. JAIlM,Me~of A11n G.Mmpvlrvl-LC i ! 10 =, b?`' 1 13a Elul Exhibit 3 to Petition Exhibit 3 to Petition �'-• r r } 1 y I E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT s ►.+a �._� r r E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT _ HAZARDOUS SUBSTANCES AGREEMENT r Loan No:, _-.�3(12 (Conllnued) Page 2 on,under,or shoal the Property i Han rddus Su bst-ces. After due inquiry and Investigation.Indemmlor has no knowledge,o n to be eve,that the Property,whenever and whether Owned by previous Occupants,has concontamatl asbestos,PC6s,lead paints or other Hazardous Substances,whether used in struction or stored an the Pnoneny No Notices, Indemnllor has received no summons. citation, directive, letter or other cation,wnl ten or oral,from any agency or department of any county o state or Ore U S Govom nrna:nl ro—ming any inlenLonal or u,intentional action ar omtsslon on,under,or about the FOR RECORDER'S USE W{41'f PN?I;p which hat IpfrllfaC�r-7r nl.awrrg,spglty'.#�1�-Pyrresn),doeeav-Ve vr•erp-rnplyrri or GiWying of irwsa oi.l&:mW.cm into any-exist,wroiti1 of or onto litr sal er a tr t Prepared By:Marty Boackenandl,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hill., damage may h,..A rasuA41 to Ore Iaaa1,—far..60.VIWSsl1.*]ilia,InDW a4 N Nwat rraeotal IA 52236,(Boo)446-6725 resources, AFFIRMATIVE COVENANTS-Indemnilor revenants with Lender as 1.11—e! ADDRESS TAX STATEMENT. Use of Property. Indemmlor will not use and does not intend to use the Property to generate, Allen Development LLC,PO Box 3474,Iowa City,IA 52244 manufacture,refine.transport,treat,Store,handle or dispose of any Hazardous Substances,PCBs. lead paint or asbestos Compliance w11n Environmental Laws. Indemmlor shall cause the Property and the odamlions RECORDATION REQUESTED BY: conducted on it to comply with any and all Environmental Laws and orders of any governmental Hills Bank and Trust Company,South Gilbert,131 Main$oast.PO Box 160.Hills,IA 52235 aulhonties having)unsdichan under any Environmental Laws and mall oblein,keep in effect and amply with all gov anal permits and autlerizatrons required by Env menlal Laws with WHEN RECORDED MAIL T0: respect to such Property Or 0porpipnf iraaei/NAO.'aedf dm.eti laaely w40 riper o!rN eV_n Hills Bank and True(Company,Atln:Peci•CloalnB Depl.,131 Mein Street;PO Box 160.Hills,IA pamrls and aulhorizalians and any amendments or renewals of them and shall notify Lender of any 52235-0160 exmralion or revacolen of such permits or aullronZaions _ er hf n,Im nd4prGry Md R*wvdW/Chan. InWunael"a+er+sse balrcmn foie:.hardM,g I lrtaspcY SIX—H s"6110 eaor Nat Or a. ntCra arty 1ncemyloa.a1 Ingar iri"gl i. i4Af urrdaiw.ef my ate 4 paeznotbre,Nwllrpe'auy N rat lYu1 actor{evJwng egNrwcy HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT spouse r4a avbl tahi4NuncN ie,Was,rerAa4,d1 owe i fell,raggred to any aiplaa:41 6eme atsil Leer. a moon by a..k gaaarterwrd4l adi- hirar,p nddxdt, l ui The names of all Grantors(somelimes'lndemnrlor)can be found on page 1 of this Agreement The EMiraraw"Lewa.v 1y nauriusrP l4 PalytrN W rhae'"I..Pwy—up p(aelkAn6 Oarrraga names of all Grantees(sometimes"Lender')can tie found on page 1 of this Agreement. The property l0 e'cLPpce"Crisis parlparky)peraetkal ffyWy G daewga 1a Iba em ta+mariq d"(Avail at ary address can be found on page 1 of this Ag.......L.The legal d....ption can be round on page 1 of ce.Qt elwxaaaf Or,qv.Chi q,fp al yea~.of tkfyGT,S iieAto es n eeneeided[r WLLsr IM this Agreement The parcel identification number can be round on page 1 of this Agreement intpilll or dM.cen.a1 Any Dc nl aid,tarp iPrppi le Cry leer#ledaal fief M.ped— THIS HAZARDOUS SUBSTANCES AGREEMENT doled January 17,2020,Ic made and executed among ,.y Bre6 nrieli eyrgSeoAE roper Itus Saryrpa.o!nt;ApeaanMl,LeM1N m1J 1Swf Y•�aW1 to .tauod k*p4.!errn s:.:h e6lgatiprra at lece rr4sre aalamN An rush ea4k me wipid. Allen Development LLC,whose address Is PO Box 3474,Iowa City,IA 52244(sometimes referred to aressni a fir ice• tiodel this a4c"i eery MhervAae urdar 01?,a.]mrrcr4 shelf Us nmTa.naed Ix/ below as"Gini and sometimes as"Indemnnor'I;and HMIs Bank and T...I Company,South Gilbert, proxam fa[Id wslor Neal dinti war,a MIWf at lfla llaa dara4R lair.Of'0 0.o aOe4nco 9t e 131 Main Street,PO Box 16D,HMIs,IA 52235(rsfened 10 below ac"Lender').For good and va!uabie default mile-at the Note rNeresl rate Lender and Indemnilor rnlend Oral Lender"14he 6A1 consideration and to induce Lender to make a loan to Borrower,each party executing this Agreement se to Indemnilor for any sum at any time due to Lander under this Agreement M prererrrlipip hershy rep....is and agreae with Lender as Inflows: any such obig.l.o-or lndemalev L<ndn Noe of as 1,(ne.fMa-al-rited Ii be Rm Ili of PROPERTY DESCRIPTION. The word'Propeny"ae.used in this Agreement means the foeawing Real Indemnilor and shall not by reason of wch prrdpfmaNa M dalfrld 111 pr af.WNy o!py Property located in Johnson County,Slate of Iowa: rasp-Sardy of Indemnilor under any ErhNyLrtarae Lei.V m airy Yard puny-LieeynMtt 1Vke6y Commencingal an iron pin situated 74a peel south of Ina northwest corner of the nonnwesl H'irec if appanla liar"as ifkachn rdari a irrraq-asi wall.lag oe (e pw'Helm avrh IK lndem.niXetr apiq IVH War r.a uni f thk Ag'.eetri as Lender deems necessary and tractional quarter of Section 18,Township 79 North,Range 5 West of the 5M P.M.,running thence oppropriate. easterly 1655 feet to a point located 711 feel South of the north line of said quarter section,thence south 1890 feel le the center line of U.S.Primary Road N6,thence west along center of said Notices.Indemnilor snail immediately Fairly Lender upon becoming aware of any of the lollowmg- highway,and being the south line of said northwest fractional quarter of$aid Secton 16,to the (1) Any spill,release or disposal of a Hazardous Substance an any of the Property,or in southwest comer of said northwest factional quarter of said Sadden 18.Nance north areng M connection wilh on of Its o d such Spill,release or disposal must he re ned to an west linty of said Secton 18 to the point of beginning,excepting therefrom the following described y r operations p po fo Y Imcl: Beginning at the southwest Corner of the nonnwesl quarter OI 9eclicn 19.Township]B 9overnmenlal aulhaily under applicable Em4onrrenlal Laws North,Rang.5 Was[of th.51h P.M..thence east 854 feel,thence norh 510 feet,thence west Iz) Any contamwlion,or rmmmenl threat of contamination,of the Property by Hazardous 854 feet to the Section line,thence south to the place of beginning Substances or any v,,!an n of Environmental Laws in conneclmn with the Property or the opemlans conducted on the Pnopenly Also excepling tlwse portions convey.,to the City of Iowa City,Iowa by deeds recorded in Book 559,Page 241;Book 569,Pape 243;and Book 583,Page 400;Dead Records of Johnson County, (3) Any order,notice of walallon,fine or penalty or other similar acuon by any govemmantal Iowa.Also axcepfing that panlon conveyed in Back 625,Page 331. authority reeling Io Hazardous Substances or Environmental Laws and In,Property or the operations rontlucletl on the Property The Real Properly or dis address is commonly known os 28.42 acres MIL oft America,Logan Rd, Iowa City,IA. The Real Property tax identification number is 09162510DI. The Real Property parcel (4) Any prd:ual or administrative im,ezlgatron or proceeding relating W Hazardous Substances identification number rs 091B251001 or Enwrormenlal Laws and to the Property or the operations conducted on the Property REPRESENTATIONS. The lc;lOwtng raprosenlalicns are made to Lender,sub]act to disclosures made (5) Any malters relating to Hazardous Substances or Environmental Laws that would give e and accepted by Lender in wrifi ng: reasona by prudent Lender cause to be concerned that the value of Lender's security in in Use of Property.After due inquiry and investigation. Indemnllor has no knowledge,or reason to the Proper,may he reduced or 11v.alened or that may impair, or Agreement to u such believe,that(here has been an use, tion,m nufacture.storage,V6almenl,refinement. Intlemnnlors aeurry to penorm any of its oblrgalions untler this Agreement when such y genera Credo thence Is due. 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The words"Real Properly'mean the real properly.Interests and rights,as further described in this Agreement. STATE OF z*WA } EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS +r }] S •+ f r )as AGREEMENT,AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS ['J'.i r COUNTY OF Ja.n Snn I NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. THIS AGREEMENT 1S DATED JANUARY 17, 2020. 2020. OR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS This record was acknowledged before me on ,�nunn�. ,�7 20 JSO by Tim N. SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. Smith as SVP,CommerclA Banking of HiOs BankWDEMNIT antl Trust Company. . GRANTOR: f'.Imrj�1����{�•-7 Nolary Public in A40 top dur SIGH of )L-- CIHDY MILLER My commission explrN 11 At. XT� ALLEN DEVELOPMENT LLC ��r px�ra rNrmermHr PT By�,- � jqsV Ally,Member 0 All."D.arlopment LLC LENDER: -- Lax•nan,Ver— — �d J'i c5Yc4o,F-nmlra r1SA Corpwutlan 1¢p7, l.1r A.gn;s Resen.rd -IA C:kLASERPROWARLANDICFlLLPL\G210 FC TR-94165 PR48 HILLS BANK AND TRU T COMP Y X ikn N-5-0 .SVP astaing LIXFE10 LIABILITY COMPANY ACKNOWLEDGMENT STATE OF - I-bazt I I I SS COUNTY OF _ Jd h11&,n I This record was acknowledged before me on,Jrz?wa 4 1-7 _2O X) y J Allen,Member of Allen Development U.C. T1M Nry� m Ho-Pmmrre In an 1 ,; A �•(-��"""•"" -" My coleelon oxplrcs �J1:[LL Exhibit 3 to Petition Exhibit 3 to Petition ) uoggod i h 1!Q!4Xd 1 ui of b 1!4!4XE[ :sm.11ol se pea/o1 paii Agaw4 s1 26e6p.w plea Jo amleal pua-undo ae 1. 1 L] 'OO O- . -C I I A N 10: �� :imollol se pem of pa9!Pow AgaJey sl a6i69ow pies Jo an;eal pue•uadd ayl'Alleuo111pp 1 00.000'9LZ'LS wwJ aBa6pow p!v9 01.Jnleed pu3-ad0 oyl oaearau!of psIllPow s}i '00'000'000'6S of :sAwlloJ se.6e61 ay1 Nlpow Agauy JOWelO Pue/-Pull'NOILV31dIOOW 00'000'9LZ'LS wWJ-a-upow 1 of li P"3+1sd0.In..canal.1 PHAP.w N aBafipoSy pleg 'IOO LSZe ii .smo0ol s.a6eBpaW.,A1!Pow AgaJsi pua,epual-NOILV0131a01q v 1pgVpgJ P"w7iipinpl w-K•1dl W4 RAH Doi 96ZZ; "-ill eaxl]'nrllry lA.w>•Lisup�e01/q/4. 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E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT MODIFICATION OF MORTGAGE MODIFICATION OF MORTGAGE n Loan No: •.2303 (Continued) Page 3 l,w.n.Nac11sltS03 (Continued) Paga 2 1 P i t NOTICE:THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF$4,DOO,000.00. LOANS AND ADVANCES UP TO THIS AMOUNT,TOGETHER WITH INTEREST,ARE SENIOR TO INDEBTEDNESS LENDER ACKNOWLEDGMENT TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS CONTINUING VALIDITY. Except as exmouly mod>Lea abo.v.the fame of Irlo odA+aT AWdgagp Fhaa w a w_aoMJad Ord In IWI Wee mid a cm and ore logopy nW.brhdmg,and enlelaeahL-In STATE OF TO wA 1 Wtordant[Whh Nev MWecfire terma. Cw l by Lender tO III MerflRubon does MI v:sve P t Lender's nghl to Hquif4 strict perWrtiMob of Ma Mnflgoge as cMwW ab0va not uallgatE LC11MA110 I SS 1-101x any rviwe mggdAcal" mewing in the Mpdifwatibd Shag conabtuta a 7aii+falI of tna- COUNTY OF Jnh+uun 1 prom ism,nde or other c+edit agrsemont w�red by Me 6100902e JMD-NOTE"). II I%The m1en➢W pf LaMM to M%aln as fable at pMeS 10 lh0 Nongapp and ON pa"S.rn tan,Ono erWaree>tO the NnIO, e+clumng eUOmrootlslioa peflYi,onlesa a pony it ex➢re-ss'Y M1'aasen bY; r"iNAllr i Arky maker This record was a_enoHk,g j before me an F1fAA 'f" - -20 16 by Tlm N. Ot►nflolaer,m%dirty accammadalbon makota,yips net be ro'vuad by ylrlvp df"M904CO11M. It 5ad14 os SVP.Cammerelal 8anWn0 of Hills Bank and Tws ompany. 0nY porpon who xkJnod Oa]OM.61 elope does nCl sqn In*ModAw"n,IW ad pelves It" �� below xkrswladgo that Pllc Mod ficbll➢n fs Shrw curW:Oonaty,hosed on the mpfasonm L_ton to Larder ik IhW the nen 4pAng pawn conYmts to ihp Wngrs and prena ohs of Ihla Mod:ecation of gmetmort Notary Public In andUlor the Slate of w.Ii not be fe'e➢sed by It Tfus waiver oppdn r,01.only to any inrial a Ie 41-er meetratlon,INW arse to all such subsequent actions ti C"""RMLitR My commission explrea GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF , 10 NY MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED AUGUST 27,2020. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MODIFICATION OF MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. LawPl Ver,10,33`1. Q0 Ccpr-Frasus.UOA Co WNI*n s{191.2020. AO R'O'b ef Rer pd •ti GRANTOR: C.W fC TR-101951 PR-42 ALLEN BM"LOpM81fT LLC By: l—` e J Allm,MsmOdl of Allen QOwlopmonl LLC LENDER: HILLS BANK AND TRUST COMPANY x iao N, iin. SVP. m A LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF -7 '-O+ I }S5 COUNTY OF 1 Id S1126 I This record was acknowledged before me on Abi A7 20 a0 by Jesse J Allen,Member of Allen Development I.I.C. d� artarAurER tic"Pt46e In MCI In the Sutc 91 � �s °1t N1N1eir' My commission expires 4a" Exhibit 4 to Petition Exhibit 4 to Petition t I I E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT BK:6261111 316 Recorded;8/6/2021 at 6:45:51.0 AM County Recording Feet s17.00 Iowa E-Filing Fee:$3.00 Combined Fear$20.00 Rev ue Toxr Kim Pointer RECORDER Johnson County,Iowa FOR RECOADEWS 06E QA;LY FOR RCOORDCgS QNL] Prepared By:Jeff Aunan,HIIN Bank and Trust Company,131 Ali Street,PO Box 160,Hills,IA Proad By:Jeff Author.Hill.Bonk and Tru.I Company,131 Main Street,PO Box 160,Hill.,IA 62235,(SDO)4/5-5725 61135,(1300)445.5726 ADDRESS TAX STATEMENT: ADDRESS TAX STATEMENT:Alton Oavelopmsm LLC,PO Box 3474,Iowa Clly,IA 62214 Allen Development L-C,PO Box 3474,Iowa:fly,IA 62244 RECORDATION REQUESTED BY: Miffs Bank endd Trust RECORDATION ruesst Company, BY: RECORDATION South 011Oert,131 Maln Street,PO Box 160,Hills,IA S22]6 Hill.Bank and Tmcl Company,South Gilbert,131 Mein Stret,e PO Be.180,KIIa,IA 52236 om WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: WHBank ntl Tru st Hill.Bank and Trust Company,AM:Comtrucdon Card.131 Mein Olnel,little,IA 52235 laTrust Company,AO n:ComWelisn Ospl•,131 Main Street, 62235 MODIFICATION OF MORTGAGE MODIFICATION OF MORTGAGE Tap-lamas a 0 f Aons �rxdrspllf oat be txa+3 en w9v 1 of�,s v-N.o ;rq The comes of e6 Granters(somelimes'Grantor)can he found on page 1 of this Modigcallon The rsAr4a of as Graalaq 1xa`ireeaa 1e fl Cann Awed x pge 7 ama Mosllmsen.the Pseperty Ames of all Grantees(sometimes"Lender)can m found on page 1 of this Nodifiestion The property Weaa can n Mend ar arpe 1 of Wp a, fan Tiq fvpal dalupina Can ba kv Sax Pya!of edtlwsa can he found on page 1 of this Modif a ion The legal description can be found on page 1 of l0i aAodneaWn.The"I eear4 feltDro-the Nee ee awrid M M 1 of tvt Wovlza:•as t" Ihla Modi6ca Ic" The pamel idenlificiden,numbr can be found on page 1 of this Modif anon.The ,s+ar4:arunapl p enrbLvyµht AumWr can to Iii On ae,e 1 a,Ir di U-11'eanah related document er instrument number can be frond on,page 1 of this MotllGcallon THIS POWICATR,`11 OF MORTGAGE sated Aupaal 4,2E2T,C m.e.aai rnea:rd Wra,etn Assn THIS MODIFICATION OF MORTGAGE doled August 4,2021,h made end executed between Allen Oewbprc4n:U`C galaned Ia Carew a-1kand-0 mad Inge exra an4 1ru11 Co-Danny,who.Address Development LLC(n,Nhed to below as"Grantor)and HIIR Bank and Trust Company,whose address 11 131 MaM Tiixt4t,PO Pas 169,fafX U 5n1t Intlnnd as b0aw AL-Landae�& Is 131 Main Street,PO Box 160.Hills,IA 62236 Referred to below as"Lender). MORTGAGE.Lender and Grader,have entered Into a Mortgage dated January 17,2020(the MORTGAGE.Lender and Grenla have entered Into a Morgage,doled January 17,2020(the Mortgage')which has been..road In Johnson County,State of Iowa.as follows: 'Mortgage')which has been recorded In Johnson County,State of Iowa,as follows: Recorded on 112112020.In Book 6001,al Pape 903,of the record.of Jdmrcen Cnunly,Iowa, Recorded on 1121-11.In Book 6001,et Py.863,of the record.or Johnson Couny,I— .ubaequant madiflmtlon recomad 1111112020,In Book 61 Do,at Page 943. mbeeri-t modification recorded 813112020.In Book 8100,at Pogo 943. REAL PROPERTY DESCRIPTION.The Mongolia char-Me following described reel property located In REAL PROPERTY DESCRIPTION.The Mortgage covers the following described real property located In Johnson County,Slate of Iowa: Johnson County.Slate of Iowa Cemraane.q M Alt Apr-etuvkd 7"fast soul eJ 0n r,,Mwaat-,or Me,rod) t Commencing at en iron pin siluated 744 feel south of the northwest comer of the northwest la-cif"easnar Af SaDoO,to.TawlrrN�741Mnk Rags 5stand G err San P to..ru,vnl0p vim._. fractional quarter of Section 1B,Township 79 North,Range 5 Weal of the But P M,running thence nWy 10551te1 Do 1 P"lpragd 71t ION Wh e1 flea nand she of ald gwne,letfa [naeca easterly 1655 feel to a point located 711 feet south of me north line of said WartOr saclbn,thence edM t06O hat 1v iM o.", tea of Y.S.Wmary 1-ti rR_ A.,wrist a$. ,0 et sad south 1890 feel to the center line of US Prime Rood 46,thence west along t I seid ache"wo',I Wharf nM0 Val shOh 111v d ala n elf'se bta4air,putts OI ther Lett.1;so theMA ry g ran er o iwd hill id4t sar0 tI to 01pat alai at 5 beg.of qW Seµ Dm a*rO mim say od highway,and being the could line of SAW northwest fractional slid Warier 01 said c Section n 18,to the sued hill Of oak 6tt0.Isle fhb pond r of fr being,gpepfrrg Ilia off N fpI&Aing 4m:7b(1 southwest corner of agile 8 to Me point of quaner of oak Section 1B,Me nonh along the Noce Ax2'N'^i at rho as 4aueY Mnyr d 1M laatlw4ad even[,of Sa<iv>n fd IOwaaN'p 1e west lino or sand at the .M the point of beginning,west rig therefrom ctie fo18,To Township Reran Rarya t wart a Me Sin PAc,rksKe am ass feat.lsisai kh"DID fetal,mvnce I.e11 tract: Beginning al the somhwesl comer p1 the northwest querer of Section 16,Township 7B 1541"Ip the'-'-1rM.Prase eRWh t4 ties place of wgiiahi Noon,Range 5 West of the Sth P M,thence east 854 feel,Hence north 510 feel,thence west Aloe raerak+e Bare purtl?Y 854 feel l0 the Section line,thence south to tie piece of beglnn beg. rAi'MTK Ir'O1FC4y Of 1Pfre Ctl'-,- by 111 recorded Beak Also excepting those polions conveyed 10 De City of Iowa Cry,Iowa by asocial recce lad in Book 568,FAb.slec prgi,6H9_Pape 24x ask,Oeek 667..pya q0L Orly Reroms of JOMcon County. 569,page 241;Book 569,PAI1e 243;and Book 583,Page 408;Deed Records of Jrdine0n County, Iowa FSa aaeapdiey that partfpn penveya4ln 114011 d7.5,F21e]31. The Real Pwirl/or Its address is commonly known se 28 42 wee Mr.oR Amerken Leglon Rand -Aho excepting that portion conveyed I%Book 625,Page 331. M.hn4 L:Atl:,yuuf Vlew,Iowa Clly,IA 52245. The Real Property parcel MenORcahan numbs le Th4 past PrOi Or lit tdd'fts is c Pfr 1-1h.a. 21.42 awe ANL off Aash-,te7C1 Rani 0910256002 LWOM Cmmne.fA Vip.v,P"GO,,IA 52241 The Rest Prape,y parcal Iao"I'cefion norms,a MODIFICATION,Lander and Grantor hereby modify IAA Mortgage as iollowa: ' 0918256002 Said ry MODIFICATION.Lender and Grantor hereby modify Me Mortgage as fo0ows: fAortgegs Is madlllod to Iticreue the OpesEnd Feslure fo said mortgage hem S4,DDD,DDD.DD l to$4.600.000.00. U 0 of s� �t� Said Mortgage Ice modified to Increase the Opan•End Feel..to Bald mortgage from 54.ODD,000.00 Additionally,the open-end feelure ofaald mortgage Is hereby modified to read as fOlows: 1'v' to$4.111.000.00. Additionally,the open-end feature of acid morgage is hereby modified to read as Wkwds Exhibit 5 to Petition Exhibit 5 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT W— t f E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT MODIFICATION OF MORTGAGE MODIFICATION OF MORTGAGE Lan No:M2306 (Continued) Page 2 ]Loan No: _--T3os (Continued( Page 3 i1�J 11 1 `l 3 NOTICE:THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF 34,500,000.00. LOANS AND ADVANCES UP TO THIS AMOUNT,TOGETHER WITH INTEREST,ARE SENIOR TO INDEBTEDNESS LENDER ACKNOWLEDGMENT TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. coatT0114t10 VAUD". Eoxept as sxpraaay modified wow.the lam{W go WWAV i lorb]aa that rr-resin 7WYgy Wd In full and af7ect and we fegatly vaLd +,to 'And M.IMC24W N _ !..I STATE OF - W� �GK J mopie txe whh th&reWocibra tat Cwsant bF LahtlAr 10 Mir,Maddigebon does net Waive J bb Lenwa.nphi to legmrs s"I'l p dahrunaa er me Mangspe as O&AIlea"am"A""Latmer rh r make any fVwre medtaoalfi+L. NWJWq in this MWi(CM11 r aha M T Cft1LUW A snkstoca the oe of COUNTY of ) drohn art'note or cater uedl ayeamenl IsCgred by the Llaegage t!he-N01.1) It Ia tAe Immrtion of Lender to rCIM 611 EAIL'•.a"ftS 10 1`0 NrtMpsgs AM aA paraae,nANs AAd bAdWaen 10 tY.a Not& InclvdV RpWft ffsU"pan"yblaas a pert'h erWassll,lvleatvd by Ler4u in wtling ASry makar This record was acknowledges before me on ' �20�by Tessa W andor<W,krca."pc4>•'lerpeadan mAA m."net be rslaased try WvA 0t M.'s MedifGA'kon. It Wade as FVP,Commercial Banking of Hills Bank and kaa Company Any poison wW KvKd Cm niginal M9rgKo does nol sign:his Mo6MrCabon.UM UP PMOAS aWnp bclaw ackhow100ge tne:this moknlh adan a Oven a0ndlgpnyly,b0tod CA tho rAFMbaW68a to L*Adaf .fill l.L. IM41 r.m nan•signre parAW1 Contents 10 Ow dwnpoa WW bra.l�of this 61ad.ff-Aban dr oh e"e Namry P.Me In SOB Tat On Slats of _ won rat he teleased by it-Thws waiver apoks n01 any to any In4inl erlenaldn of enediru rl,00 Alba y CINNDY MILLER Y � to all itch subeegoeAl scfivs. 7 La., Ma g�R�73s1 My commisalon evplres GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF tL iI-AL MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED AUGUST a,2021. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MODIFICATION OF MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. LaserPm..Vor 20 A 0,05b r4ol.FV Lea.USA dj-t rAban iW.2021. All R".ReSgi 0 -N GRANTOR: CUS,-RPRQA-W LAN0iCFIALPLkGnI.FC TR-110732 PR42 ALLEN DEVELOPMENT LLC By; Asp J M1 Member of ARM Dmlapnant LLC LENDER: HILLS BANK AND TRUST }COMPANY xloae�ea.FVP,CWomm�a+-rcemss Baniup LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF :T- A I _ ISS COUNTY OF 7OhnSor-% E This record wee acknowledged before me on ""6OS+ L ,20 ZI by Jecce J Allen,Member of Allen Development I.I.C. IESaA ANN WAGE Aiafary Public In and W the b1N1a of Nowln sae-Nob Mycommiseionexpiras '471tju'r 'L canMuhn I7N7 11 22- 1,17 can.* n E.yka Exhibit 5 to Petition Exhibit 5 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT UNLIMITED CONTINUING GUARAVTY Loan NO: 2301 (Continued) Pa9Bz (OI to Dra.M rsErekY apu%1 for..,AI Iii—rarl ICI rellce o:Ifs"a,Arne.lrr Men Y..AY AI I-plreAf 5Lb CI persaarprx4n sn=+'sr Emu by:per Nan kvr• ,s l—W'W, UNLIMITED CONTINUING GUARANTY ea orl o r,ssu�Di amaB�v lmin eflxailn pm minrer wn srePwP`ary��LE�P�� '° ICI la axiefn¢a+r IArrrlpll Irdr,OLY M.NMY loan no CJr(p +eaMalr4 racer Icli—f t waves am era.r r:gEa.1 Oa ue,Mail d•awY1s.IY w fSpragY al melerd>xFriq.this rel fY.%r ta.a^E rrpkw a mofCe TNSMIT Oft.Ea irgy q aytivfmolo�CeE:aanry aBalnr ONal.ra,nM•a y r�r1li:vra mwarYr iuflen a rmye4n d bs�.wn fWa+. Ieafram.sn P.Law. rr��t� •w11 vna ne=n arty pansulerhan cr—weuxLi r. o I W"40r eI 4ral WC-a r Du Of Nk.ml dry ekdu a rer•�E:fn a LAI Afr[n ptwers far.IRe"vK yefu4r WAeeu m ngaaYea.w Llm.W.IIIII A.er Wa.:.ray 40-t1a prcal•1 IPTW P`—w oae..wr-+ ;.Y I,4i 'am I[ay or Bpmowar: wxa alvrm LLD Pvd., xlll.B.ru.nempaq r4.af GVeerY urr%At.Lr ee. d an.ur lnrey evrs•ma,a IB.eAKJip LY L•de P., Kf.hyeeetrray x¢for,dYnu pr SowNGxornPIII C Bar:.rN4a+rI'Cl'flr gy.rrerY,VIY>✓b ebr.pkNen c•NvlunHBaennsgnrtfpT..r,.WLy kam.3 yyse.hPb e eeee z5fn PO IN,seut„lac+,b rMn,of INe 1plerA:v i-4Be rJ+ay Rpw b CAm 4501 of w MafaulCNi n Cr liavi v NtVLVas1 taco CITY,IA¢rW WIh,W^63a]S P01r lf0 Mpo anent al any COluterslllo,Nc Ira.1—...;lE)all,%,.,a of Lmaaoprrs,d a1 any 1-.e^y..I.a•sort a,augh:aV I,-,e0aw1 ,blil usrrae Guarantor IL coa:menced.Were rt out.1—a IMabledne„wh.—,not 1I by shy eppl-le fl.ho,Of IlmdalL,nb,or(F)any EDNneeb Guarantor: JPora J Alt, 9—Io S-1—el bw or n vauxy alrrer Ih-enact Payment—pilla—nm of Ins F—abrezv If payment IS made by Borr , whcthar vo.unlargy or olh—S,or by am Ihlm Dany.w the 1—til—bi eM Uarealrr Lenfa,.bls,d 1.rang Ne—unl DI Net payment low,Cny,w eaidE ID Bortpxera ba.lee In—i,,ilcy or to rN—aa,perton under any I—ol or.bra bmeW'Cy lave o,law II,Ind—f of Eedlora,Ure Irdcbled.....ha.a be mnsuarcd unpaid tar IRA Durpofa of Ne cnh—mml of v,Is Guerenly Larlwur061,MwYri[p Nwrwf ANe rYP4LlfnKti r.rr..e N apwl.I �6 gxwyNm fefM/ Guaranlw f—.,,as and n-,not to¢sort or peon at Sly tma arty aedu:I arts N Ina or—g. ca II th.Gu.—v for any puarwzen Aw w l+ral Rl�r Nt.rrr44r r +arl..,r..d va...n r,rfw rsn.F al—or efoa counrertla„L la Oemend,,ecbupmenl oI slmaar rI hl wh—wch—.demos or rg11 may y ova N by Ilse Bam«en pp,Irdn rW w Ml,taut lkr arlifhi Dfrrawri lf�waC�rar•s r Carpv.r.ti HAfa^L+rI W Mr Na u Cormwormo GuoronL1 I1b1IA MWWzyIEa'tilCaWirrwx.^Lr^z'r^yiw„NfiaeYr svwez r•`wi w•rne K,r EGgzY1Y GUARANTORS WR NTORS UNDERSTANDINGH RESPECT TOWAIVERS Guannlor weNanls zrb elect mat eaC,cl Cre weiven eel lalh.aovee y.or`.,�:'ugrvrRuwalfrer.wNw wlry,A%aS..P,rrp,.ef.Tr.ry p,Cr yrypy rcY kerm14rla Owerw mace I,Guorahlore lull knowle0Be Iris al, :•+•.p�MfroYL+�Y : �zYfK¢M.CIMih+aRz•4vdlPn:4Lgazlrty lA.HMV Y4O'!6 olwnuary m puelk palcyor law. l anyzVN^wderttaa0alemnp to oaf w�nl anallo aEw lrc clrc::mblenLEf.Vd welv¢rb d'e tteBCnaD:O flb GuaranlWai,wn"IraaaaII.v veCwfwzesy+an,n fRe+wq �rw wf�a mzr.en Lr6y e.f1 w". ellec:.ve only la:Ye evlenl ttrmr!ed lGy tan or ouGLc polry rY mapelbetla lawppuLl':pvgry,each wahv mall lx r➢!lSllpfNl AfPe rteYNfYfYIW'n:MantM 6NWylYIM Nf£M pYRiY aVT.f WUY1{ YYMW Yr SUEOPOINATION OF BORROWERS DEBTS TO GUARANTOR. Ga.,.,.agreae Vrat Ilre IaacEleenpss,wMUgr now—b,or I,ereoller •.aa w:t4Mfr•�. ma mw,nu w aer.;r Lr ur a "NL aee1...e be euoenp;o cry pem Inal Guarantor m 1—1 hard of here..^.er arqu:e AS.-Borrower wTeLSer w rel Borrower becwrce z••m 4ns4 rs r•pLrw,a1nW n,rr µ w1a�.r yrEi rE•Mf L Insbr L Guorontw rrcrety evprnsN,ucwwnolev any am G.—may have PI eorroun,upon any arewml wlulsoaver,1.any -r tl�q Y N MY..L•�..;.. wrf �f .'hYiM-0r rl� a w4A /rp.a rlavn mat Lager may now or—a-Mve aBo rtfl Borrower In cre event of,nwhency ortl-vrreeauenl lau!dalron of Ne aescl.of Barpwer, a,i— r lv.p.eme.ty r.vaay,ve'HgpEyrfa�ule eYK pp,rv�q fpr a{•ffG,rp,Cz p i,a�gl Fp.p.r Inrougn EonXrvplry,by an ablxJ 1,—for mo to-It of—4J b,uolunmry Ipuae ran,w ath—a,.me ezute of 8alower epa-tb to .ri FrryaF+.•f yrAe�r+._z,y.,,y..,,L.n,,,arun.fveyy rr.zrgMW.t tVl rylr,enMl,fkyy,leR,lr¢y[pMNra IIk p.ymeR of Ina cbun,of CON 111 ertl G —ta,fhall to Deal to Lager—-a ne N..,,W by L.^av to Ina Irgehlearces Wytnz •,� nAaaab r awri -0I I. Y f{�.M.Y W'%R Guarantor Coco naaby afsyn to Lsnder ar dam¢:Mlcn n may nova w erqui9 Molol 3a rower ar,gaL-sl v b vszlgrra¢o ,W r.Mrl,^rMr,Sar,CNffan.roe anr.rl lr Ba:.wy bani,uolry of Borawer;Provbed however,Ine1>ucN e,>gnmad,Ir11 be aNS.ve Only la L.e purpose of mauinp Lelger fuf.aymleM m wrp.en N N:r�•-•rd r^Emf Nor►^•Y MwYM PAY N.-A rfM[I,a.rvwlKY 6 YrrYlAr. 4gol coder of mO Irweolzdrsn If Lenox la raauezla,e^y I.I.er wall,prcemor,l,now o hwewle,evaa—g any deal.ar DCIIS-la of e.Ven•.o :c I�.N ^•I, A.,m^y,.f•rye.ur p•wpa•o-aT WaMW..pv wLraafY.Y,dory P.—I to GU.n.br.nef be mau.w..In•IpeD lul O,P enm.al...Nl to In I.Gu.,uxy.m.naa b,eAu,.r.e ID L— Gua—, aL,.,.r ryq N eAVr4K; ap:u,1S ate I....4.Y aye.,And Lever b rareby aulhmaed m Ne name of Geennmr,Rom hma to Irma to nb R,aramg i lat-11 and Conlmmtan Iihlama^h e4pWLeal YY lrftai„.fMa 4wlN[an!a1Wr� erd b e,eo.1,documanlf ti Io lake such 0-.plan,n I.—dedm,n—IY of eDDreaNalE to perfap,pre—aM enforce ae hphra I.m.r w.,er nabs one Or more Buere.,rL u wN..�.n'ere,.Eaaa.w Dvaw.Lw dr.mw.LmdzYv rgnls rrw Y pro.... urn,:Ihla Guaranty and,eE^pwel.,y, nO GwranlY Nea nDl[,ayfzYp.AlwyrrAyf Dw<xraN,ll.M1pw bva•dalc any,um.w MISCELLANEOUSPROVISIONS T falowg bnL are. Gueran uI IryaaYrry vml.Gua,nlw,'N,reyN LR I NYrw LrYq of Fa eur✓gway arN Dxwr unmrmt^Nw—a"".. gmisre larleow pnvlf pan of ton ry •NTT.TN A•cpgnNVNc GupA.BNM WCER vvYllLn GIWrLVfiOq anREES TO GIJAryµTFE THE=ULL AND JasavYrNta.nw GarrNr Rp:- vslh mar B¢tYN oaprt.rrb,rrrlN14e.Ifa r•rn Nxnlarrd rr egrSemeM of me p.niee m PUNCTUAL PAYNEN T,PENFCRU.wCE AND SA rISFAC,ICH a—INCEBIECl—Y B CVIFR TO LENDER.NO.V EL—G OR of bi.mM..w k'.n ra4 GeYY.r.w a.Nweo,Ol F w,aEve,n r tre C.pytt we a rlYeuh Wpee gken In venal,I. --al AR51NG CR ACOU'RED,ON AN—AND CCMWUTAG DABLR. ACLORDLYGLY.ANY PAYN—S LW DE ON ThE aPAd 1»WCwYq WlA1 LCgf/•lbit dwlprsr LlNe!►fw alrYAR pawe}ct'fL flBENNI\'G-PNOaYANY JOCEEm.4G INCEBTEONESSIELTJI YrNEN MLlall ILL-1.ROR PART IF iNE WTGTANCING'INOEaiEDNE551NYr 'BEARf110 AlNNlr ifr,_Ef#rraaL Q.weelw a.'.g195P,a'VatGYary Hal leAYlL aeelL rsf.:.rYa,L•dC1•:g ftfl.la aeserA'Yar r,l I.rrgy raw Hr.r,>AL yylle:in[RazYC wusllu fnkNL'yM RI IRA rra E ur rcr+ mu..P.,enr lnS pIxvwrr�pIp m111AMfaw -Awqmwll".m ci Ms WI ft wuuwrNmx .'v wcO,aEw n.•ereny aafwaae:t5 w M'PrH wN Ira IrfarfYwa.naNY4rrsrhari.,w grV!Ly MMnr MwA,1i Vet wn*3w xp.eLn Me1rin er,Iel tole x,i[w.l;x'areeq:• 'eta Ref rM:ap.np.>ff Ur 4aing4ry aw¢rarrMrwrLsay f"s WrN.,afMy aa+•5r/>vrwu+•..faxMdGwrtrrmreCffalx+w ram 0.,nwfwsew. 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GUM,ed to a"Y Imll,upne staled In IN,Gueranry al transfer aI Guarantofs InleresL MK GuauMy troll be Ivor.w...r..ywfew rlrawalww a.ew.+.e aa•tir..n.n«.e.m•r.w....,w aalre w..-raw... b,lm,p coon eve male Io lne«r,em of lM panbf.Ireh s„ece,fan.nd nflal.,. awwep,ga..iv;tq am.pnwwrm=.I oraw,u.D axwNrw.I,r.T ag.nN.m P.rvpn mesa^e BPnvwer w'xw aNer g=clamor: PI pdprAril-REAl7 BE.pBF GHffiC ri!E al5 vE TyrE LppR 4LOREEMENT STH LO BE II€AO pCRR{r,1LLY BEC1t111}pE Opf+�i�Y itWSE 1EFM5 iSJ WRIiIAip FqE ENFpR( AfILE,NO OTNER TC4MS GN ORAL 90P�j'{YEN i+V CDAIl1E�7fE YE.4JA5 OF i1N1EEWAR AGFffMCNT WILY OtEAOROTHYERE RW1041RTiEEN Exhibit 6 to Petition Ault MENT Exhibit 6 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT f f� E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT UNLIMITED CONTINUING GUARANTY LOAD No: 2301 (Con0nued) Page 3 OVPMN11� �.�P�:��.aeL.�,,,�,tiaNn,NY -�e,...Tp! �e . 8 DEC i I AMID: 03 iGelO q pq mnafry.N YNNInwp N CdAu A}wNe eM{T+aae amen n tp•C':Aa�MW1Ve�dLfipp4*K yAYA pA,ml NYe aefAF4 upper Uu rsMeM mp.eLC>»wan Ynd tnl-eN'-GnenYfe OFAxe hUr Gwe'arLY AIW u,R NF o•+Y+'p erU�lcC 1a aw1YFt•+I eS v�IMknll fAfd'CrPfl Cset BORmwI.TM wwd'awI 1 mqm ve Allen Debp+RM LLC"In des MI C-IFM w -km agnh6 ft NMe OW aE INeR em uId uaYpn" 0-1.TM wwd•Gua,-, meaty eveeyw wg""Gummy,h ip YAIRwA Ie nom Nsm J Ann.ow w eaal ufa.any PlDlrra wangn and eeeanl. NoUNwea Ml-eiC n ab eI.tirp.ay TweM AYueAwe aaawW,'aNd jt ucKiee Gf'e enhmm`n+enmnbl+e'✓r mwa1 n eerd[ wewrwen,vw-MaLee Mlampy,trYHa wwwmyC TGi3 Nfl D ne.p nanmee wo Wef N BL aOeRM,deexecaw fnFU pelnwa nMla.w mrMy mIRNpeeeM enMe oYwr,ONeTEI g p i ��yE� ACTTO RNEE - TCIFPNOX 319g661511t"(' 1}� A L IWpww TMM wkub duedboft AuN U i PAX.]19J5e5560 niipm EMAIL MHdOLmdlgfl1q.romLaMr. LawrHAD 9aMed Tmal C YDND.COA0U9 EtiOT ODLLEGE STtEEf,SUfTE 400 DIRELY DIAL: 5T1TMwptl dnwtl¢ IOwACTY,IA 52pAb3711 mwd7me am tdm 4SA aiN—w *. It,eIWYwYnenlal Va�ew O�00eerrrFa wie �y�i+Na,iaeeeeaa of.Lrd�r�d«�rnW.ear�-�v.i�,xq Y,xNm hehPlwr,w, geex.YL eNp ry•^r PACK UNDERSIGNED WARAHTOR ACKNOWLEDGES HAVING READ ALL THE PROVIBI0146 OF THIS GUARANTY AND AGREES TO n8 August 18,2028 "RNS,de AOOYIYGYI,LACK OUARAfIYGR uNOBRSTANOS—T TINS GUARANTY IS EFFSOW UPON GUARANTORS BMECUTWN AND Mice MY OF Ilea OVAAAXIT:�D UWDEA ANp THAT iNE OUARANT'riRr CONTINUE UNTIL TERMINATED W THE MANNER BET FORM THE SASRON'RFI.t bWATHYk O,W axlY• NO IDAwL A_CW-'CE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY NOTICE Or,DI;rAVLT EFFECTIVE THIS GUARANTY IB DATED AFRIL 11,MID. gUARANTOR AGKNOWm0 R L0LCEWT OF A COMPLETED COPY OF THIS MN TED CONTINUING GUARANTY AND ALL OTHER FMS RELATINO To THIS DEST. Allen Development LLC 10A PO Box 3474 Iowa City,lA 52244 �T Ape — Door Mr.Allen: Allen Development LLC is the borrower on the following loans with Hills Bank& 'rust Company("Hills Bank"): Loan Account Number: k303 Original Balance: $2,836,628.00 Payoff Balance: $376,971.79 Secured by property at: Remaining Iota in Community View Development Loen Account Number: -72M309 Original Balance: $588,198.00 PNyuffBalance: $618,376.46 Secured by pruperty tit: 3808 Winnsboro Drive,Iowa City Loan Account Number; � -2313 Original Balance: $340,000.00 PayoffBalanc0: $373,791.89 Secured by property at: 787 Aiden Street,Iowa City Loan Account Number: >_�2314 Original Balance; $340,000.00 Payoff Balance: $373,791.89 Secured by property at: 608 Aiden Street,Iowa City Loan Account Number: 9,�;;2317 Original Balance; $447,400.00 Payoff Balance: $603,615.41 Secured by property at: 3921 Winnsboro Drive,Iowa City Loan Account Number: 2320 Original Balance: $527,000.00 Exhibit 6 to Petition Exhibit 7 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT --. E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT 123 BRADLEY&RILEY PC j ��• 03 BRADLEY&RILEY PC August 18,2023 I August 18,2023 Page 2 _- 1 Page 3 Payoff Balance: $592,043.39 t Loan Account Number: -_ 2327 Secured by property at: 3911 Winnsboro Drive,Iowa City Original Balance: $549,950.00 Payoff Balance: $600,369.52 Loan Account Number: IF 2321 Secured by property at: 226 Colchester Drive,Iowa City Original Balance: $467,357.00 Payoff Balance: $524,319.29 Loan Account Number: JjM2328 Secured by property at: 389114Iinnsboro Drive,Iowa City Original Balance: $608,615.00 PayoffBalanw: $664,632.86 Loan Account Number: 2307 Secured by property at: 234 Colchester Drive,Iowa City Original Balance: $1,360,000,00 Payoff Balance: $1,391,435.66 Loan Account Number: L4677 Secured by property at: 3761 Eastbrook St.,Building C,Iowa City Original Balance: $70,000.00 Payoff Balance: $79,439.11 Loan Account Number: _. :MOB Secured by property at: Blanket Security Agreement and UCC-1 Financing Original Balance: $1,600,000.00 Statement Payoff Balance: $1,636,980.67 Secured by property at: 3761 Eastbrook St.,Building A,Iowa City These loans are also secured by the Unlimited Continuing Guaranty of Jesse J. Allen. Loan Account Number: 2322 Original Balance: $1,560,000.00 The abovo-roferencod loons are in default duo to your failure Lo pay the amounts Payoff Balance: $228,932.77 required when due.Accordingly,the above-referenced loans are now due and Secured by property at: 3761 Eastbruok St.,Building E,Iowa City payable in full.The payoff balances listed above are immediately due and owing to Hills Bank,which total$11,330,926.21,plus interest accruing from Loan Account Number: 2316 August 18,2023,forward. Full payment must be made to Hills Bank on or before Original Balance: $2,343,750.00 September 1,2023,at its address shown below. You should contact Hills Bank to Payoff Balanco: $1,844,944.79 obtain an exact payoff amount before remitting your payment. Secured by property at: 47 Lots in Stone Bridge Development Please take notice that funds may no longer be drawn on the lines of credit Loan Account Number: ®2323 with loan account numbers 2303 or. 2322. Original Balance: $412,250.00 Payoff Balance: $450,143.55 Failure to pay the balance in full on or before September 1,2023 will result in Secured by property at: 23 Huntington Drive,Iowa City additional sums due,including late fees,interest at the default rate of 18%per annum,and legal fees and expenses,as well as foreclosure of the mortgages on Lbe Loan Account Number: '-2325 above described properties and a collection action against you.If you have any Original Balance: $389,300.00 questions,contact Hills Bank at 131 E.Main Street,Hills Iowa,52236 or(800)445- Payoff Balance: $426,327.65 5725,or Lewis I.Field at(319)358-5574. Secured by property at: 47 Huntington Drive,Iowa City g�g Sincerely, Loan Account Number: �.r�2326 Original Balance: $591,175.00 Payoff Balance: $644,809.62 1 _r Secured by property at: 218 Colchester Drive,Iowa City 0Lewis I.Field cc: I ills flank&rN-ust Company 4e91-10M.0439,r.1 4991-19a-M%v.1 Exhibit 7 to Petition Exhibit 7 to Petition t I t 1 E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT T E . r E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE PROMISSORY NOTE 7 7 L (Continued) P.9p 2 Pflntptl Lw O7tl] WL LaA IfO CatPGf Aq.0m OBKal ! L� ,^• f SSF6190.00 01.7E-71.2Z 1L1.26d022 .11 sA l6pp 6228 TAWA9E �y 111 [[[ II • p r ppyw F�y,q Ra4nsrArn TwI NrP Yea+,s l4 Www..,.o-yew 6.pplw m r.iu•9sIda— +we a.y,a w 1wva. A31WNQs•"I*Cra"RLsAl waYMr'M FIT A wr end n .n"Arcfss l.w fir al•nR wAbal All .rNe.-i••Arla+rr.SY..wYw.LrM11M161r11tTl'Ip.pl l/rFYANpAl npeyrL re•Iveau Borrower: wlapmmI LLC rAa Lender. r HIINB+N•na Turl Lomp+nY •"'- +w..a NwwA nww'i woWLaerv..,wspXi+Rr3'rXs.fas s.iws.PP•irAMrL+r..4n P•�AI•l�a'-11f.4.rs H•rW-! FO111.a)e 10In'-ryPr-urnlp;Aeirnl.•n.epara nPX pldsWONRfON6N1w,/4.b...am s,QEry aAr vex en%.alcgw¢ lows City.IA 522" ro]1l Alsilo Sln.t.PO B,16D r r •oNn rvn.Olavue0 oY lave GONEPNIAGLAW.TPNNot.wllbepoyemerbYl.renllew•ppliub4lo Lenar+M,ID Ne snlN notpmmplp by 1paal rw,IM lssrs al ISOIiI M63T]fi s�p W fiaN Y low.WNON rtp,tl to L canllklr DI Isw prov:rbe+.TnN Noa b•I Nen nceptea by lancer M Ibe 9Nm of lows. ` FCHOICE OF VENUE 11 rdlc N r 111-Banew r e3�oes apart-11,eaaen le 1-1 to DP N...-W De uHaN of Jonnron Caunry, Principal Amount:$666,198.00 Date of Now January 28,2022 s-,rd I e Mopl6 toed,• PpePwpwat µcrron...r�F F•.nl•n Mar Navti r.a•W x.wraww.y Nrp.\aawLAYMTwer r101ri0Flfrpri,T.Mssrn LwrswevisrWaL`M..Lparnw.ragsHNSNn+r a)nw'srs spw4+s woes safes M•��sr d W la...r sse�s Y Arlly w.�tlal i-san AL ss.r Nwl,w 3Nq ue TIw.uW as Nrpad r•asTy.'WI 6 prapp mrA wrap re•4L!�Aver wmn0 Tb Nkws M.[apw.DTmstirLaTez N"h'r.a,w.w Ha sYMswwwnw_.nrr IIp.laa.wl w ss n16�Y t/f p a.nwNe lTpWs darts Wnq r d..•a.ea.vu.Nq aNtNa1 ao.r-.d wA rMraN.. �s.]r w ..wLti r•.a pa tL].pr Lp t1A Pr wep..p�A+ak PST now ara:Y.rtaw Mew s•.ew -"b iw.♦r.q- s#Nastln W•rl[rEfTOX1.WIaL1.Vsf!_•THOE•]a•+p.Pb•>A51.A WnYeaserp ap,s r.ar k+r16mrripC v6 ra Wrees'N•.RHsAI"N"'w+.q+cvwlF Nswas�cwMW.%F4 RPw`I.sl Grs .oe Wus�il #9w Wa•.unX.wsAI.rU4e tlR+W eft dPas.dNPNN wr ,NNNd-aalwa rc -dAd H!•wAOF,sl INN.wav-n wcPsiegiapn Iw•Ns.rrw•wwnT A,ILR p[fAbtx•NPANs P>. .lsnar•ws w HI.law.y Ira rsY•I+w rrprWsrvnF r+wrM.wrw.6 s:W LW-p1M Otlasr:e.zoxa UN... 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OaPe s/.ax..aP raPpy MF,pweM.Im lgm..faaYgrwaaNa KL Nfr eraM Ol De nlW lsevepls ip.a-A.•Alrtt'awrwLQ kbl virinxu:.l4 V W'3W Ins lNa,wMrr Fwn.ryuarLsr.gmrWKOs rnsr Lr Envaan bl oNs.1L F-I of•M perry IP of wlm or F.--n due I.,rim,PD.1-r,n .rt P,l-n nnlDner In naarM LaV+v.AR rvCe rYNr•Ca.NsN leefrl w.yrMretl 3PY.J WN•1'Ay w IwwseyTd In1 tlil rvnenNlprcemrnl.•ewNtl nconne On wlh anY loan nrpwssW ru�.K rnrw.ys aarPws lP ww 1+fe ,:ZLr•^n^rw ra Ar.F.•H P�anT IM wwm Nnluw+l• l�w.D11++n fy.pr•Mwt wadares Aa ud wnw rr-NI1.�.e.l un� by PawYwP WwFI.y.N w•utrwerwsvearA.tr.s..ru P......•e wws 6w.�ss.N.r n..a. An,P •r Ne•_sNYs`r>•.w4raysNlalN w.w.c►.wree'[wwww.:s '>Xr•. +urxa way e.Ir pr.nyr •�R.¢I.prA1lxwrww 1'.61,rr.sN.raavw,vets,naaeot n.oAA- No IPPTsnrGNINGl erywrdrawsl�s.s.t•rsr,rl.Nwwab+.e+wF oz..r+■•a+W r• ha.oa•q.sm•-s CJ°Pi 1bi t1Ca 7'RIORERN TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE DPWISIONS OF THIS NOTE.60RROWER AGREES To THE . HI.sLFn rNrr/pw•ILM Nw wtlae�4Ywrr[eaenss WNwnftsPry Ysrrin.6JnsW TERNS OF THE NOTE IHM w Lr/•aW.TII.s•ir.lAen LI Oar•'Pr[A1rsIlPP.PI q wPpL rA wssLfr tMiaH rIq* BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROM S50U NOTE AND ALL OTHER DOCUMENTS RELATING TO CsrA'M•.Y r.]'im•�S(t�arw�Yuse Y IwPAYs rnslsYA n a ps.s[}WY ar w pAub d Yg ln•du,h WH[ary r blC+r THIS-T rr4 CamA�AFM.rX Migs4arLMII•Pkvlp r•w1�.t1'YeT%tlfyntF[C •4 lTIGq YGwW+ULW IWANRT CnMR K F.rI.INw fsl3r/y.OM'Wn•Iwn Y 1V6lprR Sr plrr.aJlr 1^roCPiaM4 fa'NIr=F F�A1 LPs:sHra rY.HaT, 4dLpewblsM rll aw Prlsest K rs 4rXH!er NIY..r Y r'!wy p.u.-n'wI•'pi^rr.J•w•Y asNIF+X wa+•p M ba [rwry.PsywLrr.w.l rf`Y ai Wls..I+.wrs' rWleC cw.•s snesrn.luslL!Qer-He.wsr,wsFrva G.rNf sfw np sWy even►.pAa Nan 63pavy IM...•pip eralrAhw sw..r....Irw.Lrlvn.•wIr Lv rrr Nrsownrr Iic[sl ClliaCrrEwi LLL rLA.wadditw lreFFor.TiARIPP eAewrw•X.,.rNA.srw.4uwrwwr�er.ar+L�I.wA.lrul.nv u •MH lamb b d1,A v brad.tiLYT6Ki�X r anpn e6rrweW h Lift,•.n w Ia.L/wsxsn-n f.:y ra.wp,Ys _ E+rcuUaa:Alr I_,Any epwlnn w elecnrnenl i.IeviOd.pl'vla1114 foYalAral an0 WN eveculmn of slldcnmenl N rut•e:ssih rr�, LMW d.•4�EIM��TK� ruhN9e0 w Keyed wlNln WM III)dIw Ine,Ine wme 1.Yv+a chow. �rwwpM > gwasTi�jrlr,agr PwsrriwsNia�1•r.�i�.v,.IresLi aarr.lrlrae Cou.aur.i �"��� -•.........----.___...•..y=-.•.-.--w.•r..-�.�- ..+WwsY.sa•rwr.]s'IrYSYarwgSay. pAie MlPpaM1pwrArw ...h Unary OMN urn DPcumino,A rel..a--1.1,-11 maaaGe rasa al wN a IN:uIM ap,eemeN cater n9 NI w... p¢men o1 DP C-1- ,.Iy,..rlL Lnrs+.Arwi'w.=W roa•srer w=,¢-s L.mr,LnP wr IN r p.l Ir,D.b r far the PPImaN d wevs �q.i nw n-•w 1c.IoNrynt•.5� sww'ewrllbloay.rea vi eAWnew.rb,PN�m a I...u�nr w}n Fwaem In venial 1-pidB aw.•enN nr [.wN WelrsC alarP.lia AAY pImP r•sa•eq wwIr eCNq w.M 1rp7 C+4s�.•'+weaP•.�Nrelrr nAp1W.sw11 r rwvt�r�6Xdw'L�+rIevhw n vala4nr Irv ,IF rr mPr triaNaL ren+s,u.q.p ae.A•e*pa.[m am • •fXry vast,try rsA+wlgNw npwa-swq•.ws•ri ci fsa No'¢¢ Ad-.Cre o gA.A mAeM l ad-N,-Ic occur.in En2wvY•r-1.1 aanor-,a Le 1 beMvn me F.I..ul Pa rn a• pedw.m.n1111.Noe Npnpaber • C.e.!ls.Ts••.L r AN win Vs 4A4 nw swa Main prrnw[wwAWWXiptn*N MF rsn.dMPwYer.brealtar", rYNwsa+q. awwP•415aFPIIHw,w'hR MP.wY wet■Ap,y..sr,,vest lrw+t ru.sr.11an NrrAr M.r Mw+4,wV++iYwAwNlue.pw'IN G 4r..t.mMSRAtiMnwIIIWq.w R1 ap ear lwlw.lrwP.w ono l+l w]i ..ws4q ws'W r PMaa r1P[n tsylr n l,warF fp!PIIwWIs bN galr�rair War b 6A./rr w.AMr ronuwsi¢ r�r.•6wsrne pprtN•aP7 Xr6•wsLeaa>.w.XW.r.ww.wfpPw^"�vanleM LENDER'S M'S Upon'Id ,_c,meY tlecaen Da vnN,e u,q o,incWl belenw UMe,IIP Nae.M X.-Il D W in- Exhibit 8 to Petition Exhibit 8 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT t E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT CHANGE IN TERMS AGREEMENT 'i% f a..:• n 3 yY eaa Orb tayurRr Lmn ha [.Y,en accaPrtr - a58a 140.pp 12ASSe2a C'b-26.2e13 ]S09 Site TAwAeE • pEwwNwr,D...Y.rrwrrw ph Wbwu+LM,re+o+e4e N.tires-.•.ova,w�e+rrrpr•n • Bea.wer: AIM.Ow.MphoYL Lind- IC.e r .. ro ea[T.Ia M"r Clb.4 e]]M aaDh eVT,L PO ear 1e0 ' - HAb,..5]]13 (ea.3asaras BK: 6340 PG: 244 Recorded;2/2/2022 at 12:13:45.0 AM ner:IPMAmeuac AM6.1aa.o4 er Atuanarer:ae•.e'ee.s.7077 County Recording Fee:$57,00 arTdp,RW a�wApTn Tree.waaa3T apEagrw•T•wwlrrw.■re..,7Ps1Y"ela.ar. Iowa E-Filing Fee:$3.00 anooraaTe Tra ry.uw.wn..a u.Tr waAanLrra,w er e>wwt Combined Fee:$60.00 wrhnM.n ne�eDr Omar e m wawa,.aY wry,.W,.,.swe•wr,,,.nr Revenue Tex: Sxe laree].e"a GtL„nY,-,r.e—tMwsew.,,:a rseo,raa.re Kim Painter RECORDER ay.w Lw.A.aw,L sssa+eaoa Johnson County,Iowa CuwM Wnnl Rol. 66.W FxED 1 Cortaro MAM.y O,Ir tD39•].ta i U �ied U Prowllw mac:Or. rtonr"Ia Pry.,—hen A'T°'ua N.IInuUw, ,a rp mo u WP Ww„wlon Mry2s]e]a, nuoreUaawrm Mmmp.WZr urr Y^Y S.q.r.r re a]avrM rn,,.w R N ew.+r e...e.r w sMYrN as••� i•raw arr.wys.eNwwwaw,M lxwal,T�naA w,Eyy ry as.D..I"_...NpT+wi••Y+r brawawa•,� • �'••+•�+.a+y+'a n+•.wN FOR RECOADER'SU5=ONLY WxnNw,u rArmrv"EYow r.•amvr x'Ora N ti we lr�N rA r,AV reLapae•nenery a qrr-+r,•a.Ynaaa pa.r.F•a wueer.•I.y,.-..+w..pr w.,e+ re nneL c+rerQww•mrw mot......ex. Prepared By;Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PO Box 16D,Hills,IA c.+,nryr.."er P.•e.rpraa helywpj+tn vvyrw,sN Ia.w ry hs..m.+a..w..ew_.. ..m.,n�.renMuwHw.Ew.wre - .rr. LYM r".L.a I•Ey.,'..r' 45-6725 52236, 800( )d tlhaM'•c•gr,wT.y.T�„CeooprYgiOacn pen.H.yyu TAW aaq•.d.•rxrar ie]ihn•r4 Ary rr,.a ^vfnw. '•4 Aae++aersr wv.rr,Y erop.�.PN µN hvtlw•�.A].Nrr.ry Ya,.lr•wnw 10!Mw W,AIaY3rI-n rwr n,.�.ww.nvp•�IwFwn..rw.. �]x�'�swi.w„�:,,�'�,:,�,,,M ADDRESS TAX STATEMENT; nY.nt1iL�.�+...�A.1.w..-,s.�..w.n..w.ar,+�>e�=.o`p:.�:`: .`;,i;oi.n•.`,e .a t Allen Development LLC,PO Box 3474,Iowa City,IA 52244 f Hp�i C9N1AW LD eIWSC YfJgfFiWgg�S{v TI�M'GaEA�RtIEW I{O�eP,YaU91E 6 A , MAT'Crf.�3[Clf 1'ME TBNai9 OF U LOFH arse6MLNi ONLY 9T M,"MwR1ET3EN AGaEF71BPA +'".DxWAAavrowLnc rerMrYr Eyr,q,PIAl+OMHr..,w,Rw,•.K.,x.n,,,.yr.,.x•wwr..ec„n„rp.n,�.�., RECORDATION REQUESTED BY; arAw rw ce.I.s Pw•+•�-•-^.�'T•^•+. x.w..r..•.+r•am ar.ra.,..arw�I w..... f Hills Bank and Trust Company,South Gilbert,131 Main Street PO Box 1604 HI[Is.IA 62235 .,�r•x.M�wwr.;:ar�."...�u°'.,w....�...vw.+vrsn�.:ri n'.v` :r`rvi.r�w"n w Ew w T~ip['el frwa rr EUIw,I n,uR.r.«d Y waepxpM.r..,.r,ry aypa IleMnl onry we rain wT.awe w ,rrraM w,anae+Mnro.w,.L,•w,y.+exww,,,.w,,,,.". rrray rEY+r,e.wvtsa WHEN RECORDED MAIL TO: ' 'nr•"'°"•I•"r'+"re.^t•°aT,.Ne...,..d••+r^.^o'•nLV Le..wv.r. Hills Bank and Trust Company,Attn:Conetructlon Dept., 171 Mein Street,HIIIe,IA 52235 ryc..roTcf.a a..�-+.r-,r...�..�.N., r�.a...r.r.r.c.avr.r r w r...,er••r w� aZ f a•v..yi,.w..-m,...,.w....-:,tewsr.nw wwr..ae,. �7....,x,",.w..a.,.9.,... .,y..,,n...+�r.re.wrKu-.r.-F•�.x,. ���•Xu 1.±w.nr.w,..0 r'Y��+k�e.'W�e•a�wrrw+,rJ V.emwrs ove'w r�w:,.. oq hl�i.,T v.-.c�wr^i'�y•'+�^+"U••�Fv:eq nu.+a,rF h vY.c,rM d.. MORTGAGE wp,To 14-4 Ww aDrrrau r,Beene wa xrAa Aro O.oteLrDec eIA e,r Fecr..mAa of•Hc Acarru,x,.wsro.ru NOTICE: This Mortgage secures credit In the amount of$685,000.00. Loans and advances up to this eWrItMTIM Ir I1WT.uta.cxr, amount,together with Interest,are senior to Indebtedness to other credllom under subsequently 801AWfE]]ACHNOWI O RECe W A COMnETFn COPY w THe CH W M TERM:AOREF W APD ALL OTHER DOCUMEHr3 recorded or filed mortgages and lions. REI.LaHO i0 TNIS DEBT. eoxnanEx: The names of all Cranium(sometimes"Grantor)can be found on page 1 of this Mortgage.The names al as Grannes Isamelimes'Londar"J can oe found on page T or thla Mortgage. The property address can to Sound an page 1 of MIS Manpge, The legal deseflpym can be found an page 1 of this A,ua aR•rygwLar uc 4%000ge. The parcel idenilAcallon number can be found on pule 1 of this Mortgage. THIS MORTGAGE ted January 28, k� a(referred I,below as'` O Grantor")and Hills Bank and 22,Is eTro t Company,whose addresde and executed between s rIs 1311Ma n aStrent el Lnuct PO Box 160,Hills,IA 52235(referred to below as"Lender'). : xLLa eML Aa,0 ra4rtenWAMF GRANT OF MORTGAGE, For valuable consideration,Grantor mortgages and conveys to Lenew wrd grants to Lender a security Interest In all of Grantor's right,tltlq:.and Interest In and to the foinmiing a jk...��� described real property, together with all existing or subsequently erected or affixed buildings, r,:7.tiN1r�e..�•aa¢"..a�— implov4monts and h#Mrns,rents and prurdc:atl otrUvNnn,elhls of way,and appudenen :aB water,Wafer rights.xWfer mca and(Mch ADlirs(Ina.rud'ng Mork In Nlilliep with d'4ch or IW;ation ----�— �'•'-•"—'--"" rights):and M4 Miller rights,royalties,end prafls mtarng to dw real property,moudunq wilhoul Iimllation all minerals,oil,ges,geothermal and similar matters,(the"Real Property")located In Johnson County,State of Iowa; Lot 40,Community View-Part Two,Iowa City,Iowa,according to the plat thereof recorded In Book 66,Page ii6,Plat Records of Johnson County,Iowa. The Rual Property or Its address Is commonly known as 3868 Winnsboro Drive,Iowa City,IA 52245. Tho Roal Property parcel Idenllflcall-numb.,Is 0818269D07. ; Exhibit 9 to Petition Exhibit 10 to Petition I t i g. r". c^•. E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT ._ 01 ' - I e ' MORTGAGE Loan No: 2209 (CdnNOGed( P.D,2 Is.It 171;NQ, hat 1;.oP T/E mas la.rr,GraThrag.r..nxGF in. errorJIM, I nl*w R+e..y s1ia1 0e gdralh of H Inn klsndkna plr,;,Anf %- d MI[00'yIM/.I s l+[.]'Rs pl.nan:larlle'.IaeG Ia+l DI 1st A/p rnrrtaalf eY f1a bedaMHk.I wa M ya6 w rescvsc(11 5'71=mod P�T/T p OI6�P•Y uW 4r n erir[Wsall Wpear n INNN ar IIIW Ceaa 5edw.5 AQk Iatl as eater!a Ion Cb.1r Stoat gH1 Rla 5752 t11;V L)Fpw a'd war, �Ho N'Fe..nel4rekbNa Centr&gsa!55Y0k1f71 Paue.too and Us.,Unlit the owumence of an Event or Default.Giants,may (1) nemalin in pasessnn end control al the PropeM;(2)ue.op,oI or menage Ne Property;entl(2)co In.Rcros Irom..Properly FOR RECORDER'S USE ONLY "n Illlnlf,Ckaslv!lap Iwl pal,n flr aa_M MavrYYi nYe ten and promptly aeftin Prepared By:J.H Aunan,HIM,Bahr Intl Tm,l Company,101 Mal,Strool,FO Boa IMI,Hlllt,IA a lreu-Occecenni W ATSmrrf101 r Tlrl la CI'Mal Mv=WI 52255,1600)415-5725 lace a Subebncee. Grenlor ropreseMs and wertenu Ihel the Property never he,been,and will be w bng as Nis Mang,,romans a lien on the Propedy,used for Ilse genero0ou, ADDRESS TAX STATEMENT; manubclWe,slpropa,Vealmenl,dlspos®',Iabase a threatened lekase of arty Hazardous Allan 0avoI,pmsnl LLC,PO Box 017A,love City,IA 62W Subslenu in Oakehon of any Environmemal Laws Granlar akA.,aN s Lender and Its agents Io ueal sVar ti 11- a,his—avh Dap.yldl a-a lases a Lnde,,nay Carl eFR.spllna U. CIgIQ{k wnkkr M 111 F. I,wrlh edt satlCn or Pv I.Wgla+ Olean t_" 11) uL+rta lee 1uMLa alp'Stkpv W ml p.W LerK+a for rdn+HJ or pprcs�esyl Is w s.nl aIECORWignA(WISTEQ Or- fyaresy la:(Ie,l.a61f b J1aYre e,lip_a Meer try Ik6y Ian,aee p•Ys to HIBs Bank and Trust Comore',South GllbaM 101 Main SUoal,PO this 160,Hllle,IA 62206 ndemnity,defend,and hold harmless Londe•",,at any and all datm,and bans re.ulU'a to I breach of Ihls paragraph of the Mortgage TMs oMgatlon to mdemmy and dafentl shall survwe Ina WHEN RECORDED MAIL TO: payment ql the Indebtedness ,it Iho salisfaclnn of this Mortgage Hut.Bank Intl Treat Company,AM:ConahucUon Dept,101 Main SlreM,HIM,IA 52Y16 C Itl1ihial LOAIf.The Ir.prwdremi yIw be c eArlyd ma War—any matunty,aa1s of the 14W Wr`oi,earl.,data m le a,resYNery eMe911.11 red 6srls YO a ay N full e1 cola and ayrau h meYrOnn wnN no waR- C.yar well tl u'I,ae inn pmnn Irtler such Mms s and tVa"a"ys n L1eYr nxvy it"no,dJM.rar}aF to Pgaar VLR PI s'N'w uaaled�as MerrillMORTGAGEMerrillVAr rrA P'u,"r pnaan eau.nAoano theca Of nq•e'al.094u 4krlp,no'k,r1 NOTICE:ThI.Mmg.g....ne..reoil In the.mount of SE 6,000.00.Lana and ativ.nce.up Io Ohl. oal,x n1'+1avAl.IrnM,s W Y od P."ns,—w-B —r quash *a e-ell�wl lh IAn�wm��n aunt.toge .r with Inl.n.l,.r u.I,,to Indabl,Eaa to olhor credlla.under s.b'e,,'Ity Lender may reasonaby rm...L recorded or 1.0 moneapo.and Iten.. DUE 9,.. -COrkind; yC".M 42 L.,:ge•many.i.aia ply ift tr:t..sN.a•e.rs•Wlky elw lral TI�e names of tM Grantors-L.naken corn I.l lou can he Matte on page 1 of gn M he ro The asmes,— abate,aI aagl fen,p try r Mi.I.ay upon 7a rW N henalr,vrCJIM l#uT.s•a Y'A r11Pnm or al Grenade n page 1 r this o can be loThe le pope 1 0l his e.an,found The prP91 address nneaaL M a x r"y pan pt lti Seal P,.Mir u coy' MI,M.all tall iit,ft. R rap v can be found an page 1 0l thla ldafpege. The legal tleuridkn ran be Tonto on page 1 0l Mrs VnVa•'ova.,Ito JeWa e!a..l PrsYMF v arty nphL Ice a sllrnY h N RIV Prp9A"y: Mmga9e.The parcel ItlenllritaUan number con w round on age T oflMa Mongepe I.erAMe IH.al,ea•1kaHa1 xf4ale•Ja,+"..rd/aNAIy n�N4GL Iary,yfyrr+f 0y pNrg1:YM,[Mf, "issIl wr axle[ IOeL I1..3 eare`act rena'aP'rK CeaS,M.aAtsll lereurt wms.>eIm V ty 11rr. THIS MORTGAGE d.k.d January 2B,seta,la made and e.nutod be-..Allan Dovekphi n LLC +a.1011w rar<aren edec.,,[L w6jrf*aeag+n Ar sooner.nl any Cp r6,�.m,lsnnv troa ed b below a"G.M.r')Ind HUI.Bank entl Trust Company.whose add...1,1M M.In SIroeA ee arq lane aim ralmrp yN W 1.Ras Porrp.M1.w y Airy erne,aadnd or oplN+la"o,pf a�n: - PO Box 1.01 HOW,IA 622D5(rokrred 1.hot...s'Lond.1). n p.l!pat Plnyrry H ar5'G k• as.spp0y6pa p11L+ewA its Y•Afe taifay e-#"."-,* GRANT OF MORTGAGE. Fa v,Inbl,c ,fideratim,Go nla modgages into conveys Ia Lender Intl rain'ncl Jrs Are,aWeeixylq+r H leaf.wr fwNanlr ar If.r,pr,b+f-a•I x•Nw+N w eve grenk to Lender a sewrily Inkrcsk In all or Granloh ngAl,IrBa,ud intnesl In AM to the IoBavrug NLys of—Lyn Alerlq•pA'a earorla IR754�Of Os Np eYeY'paAnlralra aO...' desulped reel property,10gelAr well,ate exi5llrg or suhsmuanly efadetl or eMxetl buiMmfls, p Iliad L,eLy e%r.marR•kammta as eb oea..n>»Of IIRA Gryay_Xbwasw,tin Ieehen rHrt Imprwomonb and fudurea;rants and profits;aM easua 1,lights of way,and appurtenances;ad not be exwcisad by Lender if such exarclse is pr,mored by federal law or by Iowa kw water,cooler nghM,wabrs w entl ditch lights(including Mack In phone,wart all.or Or,,..n TAXES AND LIENS Tna rObvdng pro,cans Wall,to the laves end liens on Iho Pmperty arc pan of rghts);Ind ae other rgMa.I.yallie,.entl pro Ms re M to hum ,at property,mcbdmg nil unit Mortgage: limilegon as minerals,.B,gin,geolhermel eM..I.meaers,the"R.a1 Pr.p.ly')I...I.d In 1AInwn County,Slake of Iowa: afy.' CanFo N11f pry I1kid,M,e'd In el entire pssk f0 CaL.F.yaY Y halNiek-fu ty, Imes,raec/uaef,"I"a g sys,k w aegn sae n.x+r a¢r.Ae vayef,nee e9a'e%r M Lot 40,Commonly Vlawe Pan Two,kw.cCII,ounty, Iowa,accdrtllnp Iq Ihq pIM thereof roeoMetl In eeeelrl1l d 1Y PIaF.1y,yp µIt F•+1 wt111+M M 1y�a fv vsplk"" an n IN raven Boat Be,Pag.116,PNI Rxordc of Johnson Loun1Y•Iowa. y ryy,a 6ynnfxy W 5V erapess/.yaM,1p Nll ptle:an Vf rYsS Ng.tq IYII Tho Rea;Prop,ry or Ile add,..k commonly known.2 3863 Winnsboro Odve,lPwa City,a 52 5- m irp prmnly over or equal to the interest of Lender under In,Mortgage.axr<ot ror Ihosc Inns Th.Rul Property paced Id.nllllatlon numbs A 0918 259.07. sp.ofic0l sJr.ad to In waling by Lender,and excepl for Ilse lien or lase,end aluacments net duo and except ps oNery Worded In due Mortgage FUTURE ADVANCES. In adduum to the Nob.Ilya Mortgage secures ao future advances maae by Lender to Grenlor W,Mihsr ar net Bw advance[are made pvlsuanl 11 a wmmilmenl SpeuUcely, PROPERTY DAMAGE INSURANCE Tha lolbwing provisions relaling to Incunng the Property are a Fan anlhoat Urmmgnn,Ihh Mortgage snwms,m e+^Nw to the amounk c(u clxd inIsle Male,a:l!.lure 'l the Mona.,. m.is Lender InIts diecreucn may ban to Grantor,together with III Unionist thereon;however,m no M,Inroe.am of In.11ml, Gronear shall p—I Ind maintain pohciee of fire in with event'hall such I.Wro advances(exchrdng mt.'a")axaed In Nu aggregate$685.000 DD. standard e,d Mil wserage emicuseramb,on o Ieplacemenl basis for the Tull Inw,,bk v4.1 THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE ertng all Impmvemenls on tore Reel Properly In en amen.,—oi nt 1.bcld applecen.of arty RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE DOES EDNESS wnsumnw clause,and w[N a standard mwlgagw clause In favor of Lender. Grantor shall also ANo (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS aM^/a aY seaman lM.P . 9.rw•a11+6,ep earnNw.hear m,NaJa arasw.k la t.nlu MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: eery,K--I.Me L.."6" aI1M q C011-10 naalaea IQ sure eebAN In.aerA1L pD�'-� PAYMENT AND PERFORMANCE-Evwpt as wnenvisa provided In this Manage,Grenlor shall pay 1p ACd7r0Maae•Q 10.11 Q.MU"1 MLk fdrr I+aLLNtol.+RdJdPq eye.NI"*kid I,lufare Lerdar ap amounts secured by this Mortgage as they become duo and shall sNN perform aM.1 p'^ 'VP�1+vd� MST +ee La.ear tray.reps. P1RfI 1Aaa W w^Han ty"i Y pry,Irre IQ aach fwn.miler n.laraarLy'au,IWWa Its Lf w Oxna,auk Grenlor,oblgetbn.under Ihls Mongaga Exhibit 10 to Petition Exhibit 10 to Petition r E-FILED 2023 NOV 29 3:06 PM JOFNSON-CLERK OF DISTRICT COURT F• F =ti �'( E-FILED 2023 NOV 29 3.06 PM JOHNSON-CLERK OF DISTRICT COURT 5 f: MORTGAGE I�• MORTGAGE two No:.__--_2309 (Continued) P.D.3 I F Lean No-, M. (Continued) P.D,e s 1 deln.1 to Lender—koh,of beverage ham each Insurer comml s sllpulanon titan coverage repay me Ind,thad....or Gire—f—Only to P—rm G—i rs Obbgablms under in,Mortgage will not be oml or diminished"t a mmimam of on 1-0)day,'an.,whim nonce to a any reel 1 docls—nt- Lentler and net conlainng any disclamer of the msurdes lime ly for Iemre to god wch notice Oerth or Ineorvanc The dssobueon of Granloye(re miaow al whether electron to conlfnue a Each insurance policy also shop Indude an enCorem—providing Lai coverege m laver of Lander y ga will not m Impaired In any way by any a:t,omsvon or default of Gro mr or my Doer person made),any member w—raws from the 1-0 lab,lify tympany,or any am,Ierminalon of SMud the Real properly be—dal in an area dm,,nalad by he Amnnelralar of the Federal Grantor,exilono.as a going business or the death of any member,the dolNenry of Grantor, Emergency Mmagem,nl Agency as a spepal good b,aard orm,Gemor agrees to obis,and Ina appo,rim bi of a recewer for any pad of Grantors properly,any assgnmenl for the benefit mamlain hood I—Z.II avegeble,for the 1.11 u,old prmol l odlmce OI No ben end any on,, of ceollors,any type of c,dgor workout,or the—hemcemanl of arty,proceeding under any bens on the pmp,dy cadunng Ibe loan,up ID be maximum pet=y ml sal..be the Naltonel ba 4mptny or mwl,lm,laws by or against Greiner Flood Insuance P,ol or so otherwise lentil-by Lmldnr arse to maintain such Insurance for Beach of Other Agramiml,Any breath by IS,—,under the berms of arty other Who m of the lean of the loan Flood msuvnre may de purchased under the Natoral Filed Insurance between Grenlor and Lender beat is r al remedied within an Prcgam w Insurers,from pnts prwiding"pnvela fdad insue ce fed n 'as darned by ap"id,lol. eral indW9 wlmoub Ilmltallon m in Y Srace period odd thereof flood In mmoe daMm and epliniuns,or Iron mother food insurance provider that Grantor Ie both y ag .or beeedmirq any Ird*bletlnC65 or o thhere,op:igaldn of to Lendcr,whe;ner eziagng h now or later ceplald to Lender in its Sole disemlron and permided by dWlidabk kticral Rootl m Evonk Alleclln Gwranlor.An I the pre<ealn I with rawest to an Guaranlar .tateloo and regulalura zurence g y o g evens odors wi y Censors Ezpdnelluree. I(any action or proceetlng b m nand Neat would malerlalty,Had of any or the Irdimbi n—or mry Gaarmlar dos or madame,Indompalent.or revokes or Lenders Intend in the Propony or d Gmnlor fails to damply with any l n ion of Ihis Mongage or d pules Ne validity oh or liability,under,my Guaranty OI find Ind—d—, my Raie!ea Documenle,In[lutling but not limited to Grand's lahrd to dschayc or pay when dud Rtghb to Cure-If any defaull,other than a default in payment,fs curable and if Gobbler has not any ameunis Griner la required to di,barge or pay Under anus Mongage or my P-0 mean Orven a noire of a bread,of the e oim,If Iona Modga0e within the precedhrhg Powmonls,Landed on Granlore behalfmay(but shell not la otflgaletl lo)lake any eclen that iwehe(Iff sam l—monuis,It may de cured it Grantor,aRe,Lender sends written halide to Grenlor Linder deems riommm a an the PropeM and pay1.1D all best for insuring,malnlalning and Slalerrry use et west Jyd—fat Not,bo dell w n ohs it)eye W(W C1hir Oil pr,servlrg the PropeM•All such ezparddums edwred or paid A'Landol for wch p„poses wig N,;m l P�ske n sae itt stork nerle-^awly yalKl ell amen areeeai dinnni r towths Ihen bear Inceresl el the tale Charged untler the Note It=the dare loaned or paid by Lender to pole&LOreatin 10 a NaYpanl m esaa Lear dram a10 7irbappd cWCa.al r'0 O""'Af eP the Dale of repayment by Sterol.All mN eapenam will become a pad of the Intlebledness antl, wnamle and nece,say aleps-1 ra peeeen eemerwar es dean w yermalily at Lenders*peon,will(tf ba eery...on demand,11)be added b the ma.wa of the Note and Prdclicdl m.Plaonimild among and be payable with arty nalellment poym-le to bombe due during ether Rights and R...dlw on D,euIL Upon Itte occurrence of m Event of DlIlv]L and el any gn, to)tie term of any appicabid insurance P—y or(bf the rem.-ng term of the Note,or(3)w thereaner,Lender,at Lentlers option may e—,any one or mere of We lolowing rights and Iree10 as a bapdm paymenl which will be dlte and Payah a ab the Yells malurlty remedies,In additi*n 10 any other rights or remedies p—li by law Wall oaten,,of Tell The following movisom aiming to awmerahip Of the PropeM area AcdWaale Indablednesc Lender shall have the ril al It.*p11m.aRer giving all r—kod Pon of this Mongage s of di end her passage of any grece period,to declare the orb,Irdebteane¢a T it.. Grenbw wa,ran:s that. (a)Grantor hold.good and raarkalable tills.f.,d 1.the mmedatety sue and payable,Inducing my premymenb partially that Gantw would he bequlrea Propamy In We simple,free arld deer of a I Ilene no encumber-es other men thaw eel forth in to pay wlnoUl i lfde,excepl as may be,zprossry rerufred by opplWable low dire Reol Property desorption or on my Pik irurance polloy lla reran or final bta opolon UCO Rematllw,"In respect Io all or any pan of the Personal Propery-Lender shag have all "sued In favor of,and..pled by,Lender In tynnetlln'with Ihie Mongage (b)Grantor has n,tights and remadiac of a soared parry under the Uniform Commercial Code the lull right Pone,,and eubnodly to execute and deliver Ihis Mongage to Imbed,and(of Ine liens gmmea hereby are not Ine type of hen relencd to In:hapWr 575 of the we Code JW ifitl Forec enact lwwe.Larder may deaf,a Judicial decree lorecloslng Grantors,dims(in all or 51ppW mi,as now maimed or hereafter rnombee,amended or r,ptaced Ga pan of ntm,for iWell any the Property a oil persons dalmtng by,trough or untler Granmr,agrees hallrl do-no tun or 1,ht 1.o Nm)udiclel Fdrecf......Lender may exercise the right to nor.)Udtiial foreclosure pursuant to lien of the type cOnWb led by Ch.,Ie,575 or any other ceapte,01 the Code of Iowa end Iowa Coact Secllon 554 18 and Chapter 555A as now enacted or barealler m*mgetl,amended Imther waives all nelkes and rights pursuant to bald law with respect to the lime hereby or lepboad granted and!ragnmena ry emb ed I,do e,and agrees to nbiy,defend,and hold han—Lentler from any loss damage,and casts,tnclMng Other Remetllea.Lentler shall have all due,rights and no—lids me,ded In this Marl or nabte attorneys lags,lhrealmed or suffered by Lender aJoog mbar all or Inldlleclty the Note or available al law or In equity as a recall cf any dam of Ine mpbrablrry of sad raw to the Iles barely Granted Salo of the Praporty.To doe aalenL permittetl by appl cable dw,Grantor hereby—two my and Gelmse al Tlll1.Su all w Ind weophon In Ine paragraph move-Grantor wersols and will m right to nave the Propcdy--,shelled In exercising its nghl,and remedies,Lender¢he11 be loraver tldfend the Due 1.the Pmperry agamd Lima Id l crams of all persons fra,to sell all or any pan of Ine Propemr together or separately,in one sae It by miomam miss Lender mad he,milled to bid al sly mi sale on al or any domain of In,Proyarty. Fug Pedormance, If Gronlw pegs all Iha Intlebledness,Induaap wllnaoo limitation ell future aavonces,who,sue,bell otherwlm p"b""a!I 0he oblgagonc vapocatl upon Grainer under bets Election of Rempelop.ElecMn by Lonaar to pursue any remedy chap not excdde PL df arty Mort�ege,Lender has wend,end dower to Grant,,,suitable salafacllm of Nis IAongage antl other remady,and an elmlim Io make expenditures Or 1.lake,den Io pedorm an Itol l mon e slatemenl¢of fammeldn of any financing suhmnant an-le evdencerg Lem-..curdy of Grantor radar Ir:,Modgaga,ailed Grantor,!allure to padprm,shag not affect Lenders right mberasl In the Rents ma Me Pa•.Onal Progeny Gldnlof WIII pay rl peimhlad by epplrama law, tleclere a dclnun end exercise its remedies Nothing under this IAodgege or*Ihervnae shell my m—fl,!a lamination lee as ralemined by Lender from lima h Ilene m om,'Odj w as to Ilmt a ellrlcl the rlghle and emedes all of.to Lander IdIdwmg m Evanb of OaleulL Each of the lopowm el Lenders option,wile mnslilule an Event of Defeull oEvenl of Deleull.or in any way to limit or reelrid the nghla antl ability of Lender to prooma g p ireclly epahrssl Grenlor erdlad apainsl any other comeker,prmranlor,surely or endorser aMlor under This Mongage to peceea apain.L any other collaaral dimclly or indlrectty.souring the Indebbam eni Pymen(ballot.Grantor fails to make arty payment when di—mar the Indetrrm e, mall T+aK Ererms...KLpeat mew.aryMaaavn0,wrlrce taefd e+t.wsill Default on other Payments. Faidre of Granlcr wean the Lore rNinrml by ma Mortgage to n Yagaga,4 Mal sa arEllsil y bsigw ill zrra aaR Poia1 rtry aRykea make any payment for Imes or inw,ance,or any other payment necessary to prevent filing of nsrrvaa3Y u rlwr.ye Lasts ar tar W wrests arty aporMkYrneetldd Oac say awnl eaten e or to,peel dnohergo If my+n- 1rry:Metl,xis eta feaK dal O101amtJe's/law,M lakpeetaa ealtaetili'ELr elevk Psi it Lsoeeys pP!Lv.ee nec+p4ry al Fry Ere Apr l>�pfA'sf?gn of ye fi W the enforcement Other OeleulL Grolier dins u comply with any other term mIDrelon m ormt or ombelon of,n rr{'lts shas bTearre.Piers Of me Ie(elo is mall,+demrmest and Lis]afar MY—eu .reined In lhia Mortgage or in my of the Rate:.f-mbenls Y gee A'eY ire hr-t Vhe tleY aft¢Ipwdllw(aryl rood Edessees eeevW It,e'i9 Obi w fait e1 Twits Pprarsk.LFoW OWta IwR~say leers cl a .(node. paragraph Inctud,,without Imitation.however subl,d(to any limits under appinble lew, ...urdy,pre rl,purchase a•seas apreemenl,or awry other a,,.W..Ln it—.1a V either Le no,rs attorneys'lees and Landers legal expanse,,whether or not there Is a lawsuit, aed,I.r or parson Thal may materaly abed any of Grmlors properly d,GkM-a euy to Indloing attorneys'fees am!wpensn far bankmpoy proceedfngs(swing egorla to moefis Exhibit 10 to Petition Exhibit 10 to Petition t t E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT �{ E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan No:'_`_]300 (Continued) Pags 6 r • t • Loan Ne-_]3e9 (Continued) Fags a a y'arale.ey eeNrwlt s10/IX a wlic.0 I.Igaeals.nfa arty.eao Da:rd OalPl a amerslons at,modlMahone pl,reM1nan,itV d,,cansolld ri of,and 28.2lona for me atlal sdrm.Ik cost el ramire0 r.ppdA vmaanag 91b rayarbd i IYtatPlasaa prorNesory vole or apreemenl.The maluray dale of This Modgege is JmrNrry 2B,20AT nwdaj-�-2 -rstesfs,and apAnaM 4ee at.111Ue nµrnn,b.4ra e.1rq pmaelp q AaD.yn frepaM• 'hr word-1wamul Pleperye anal H agaarnanL fWurvi and cil .p ah`bw bsri also Hary asl Ieurt ppaat,In swsed lave e0w eunw prwbtd try >.idw el Dr s.++al papws!nave«ha[ns6v w•rad lay Wanua.♦toe ndwp aarrtMya Wclyd lave ed ba era NY✓•raRry:Wpela+irl as arseaak e,Pe'la.N!d mo—No.at ShedeMd Radsa4eWa Gr.rly hereby e9mea tlaL n via Ayer!of fo'v7a.rur 0t ReA Mpegdela, :solos—d,d,.'dal sKSfA�nnr fa'.+ay IN eeeh pbiluTp.a+/arpenw wlu 0 Feel lc sk+maa-y LaNssc ads aDbon,Bled m redlYX M ar•1ad of aerinrpem Idasaeta W IOsR l"L*g yri Y�lfaen ee Kuw,arne pKtaaa arY aa5fei d mina KV Nam al aN+W l Sal A_m m 3211 w,or 328.28,«ray east.laud Cade 91.1.k t air_'I—al oNer tlrspwlllon pl Ilre Properly N Men epph—and pmvlded by la+.' PmpeM•The word'Propedy'means nalMctvey the Real Pro any and to Penowi Propady Mlscsllansoua Provolone Tr.,Idlowing mhmNneous prowuona area pad of this Modgege Rnl Property. The wads'Real Prapedy'mean the real prepery interests and righle,as Golan q law-Tbal umpa.aA Jse Raen.d AT"hit le.Naps b LsnOar and b the fuYher described in this Menage .0.0 eel P--q•a ay lai Tall Idea Nora pf w sIw at hallsHdlRat hil b Ile Reaad OalaaeeMa. TRa seam'Refksd 15mi are'mess at prit"l y ears~es.dg ea0cm ell,.preerakpa tat,xeryagew Nee aarpOtd ar teryetbtea LNu er tars. ,gran.•:.,wile will W:wenmr,at n..awa h,Ipa'e'Dea.'—"aG�M4 Choice of Venus.II there's a lewawl,Grenmr agrees upon Lendeh requnl to submit to Me dr 1".reed.0 w k—01 l eD<MtM real"ll see a!C1W w fterel h rtedNon of Me courts of Johnson County,Slate of Iowa wlep"ItOmw deelanler'warelrsel son F—441a.Rdwrlp,gaetLRA In{ah+eel'ae trrb Ysa YAe[lAedThe Time la al the E.wncs�Tim Is of Me,:senor In Me podorma«e of this Nodgaga venue mane eriasya ea wa.e,SWmlb0=v briellsa Wye,Ex+eraa lnp.•FTsd aNrtf Reno The wod'Reyes"moans ale present theInd Inure rents,re s,Inysme,Luuea rr+nrFnkr el rgrd.W tle.n tgrr,NaYar ad JePlWna aura n at4 p oa Rppply va royaales.profits,and abler banelns deryetl hour Me Property. vs a Y ryh[a es sirmpPsn n 1s aq ssT vfr T4pppry. II R Sranwr 1.rct n wrar G v. .aepery,fne[G nMr aeKfywa p1d FEnrtge].In V sees CurpNV Of lMrerettrry ana whrag GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVLSIDNS OF THIS MORTGAGE.AND such nphLe. GRANTOR AGREES TO ITS TERMS D.nngton..tFe bal lec+al wade ru.aloe ehal Iwo he bloc xM a rlew.rrn usrd M IMc Alolfgege Uaaaa aPeTtk^w1md Io ar caWary.u lafilrwfaa w loan anwnle GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL shill mean arypsWll-%.%l edgy saps Bawd""""of A"` Hb. vabma uwl ntF. GMFA DOp+aLL•rTi ACLaSW]TO InIL OERT. s'ugdar shall inrLtle the plural,aM the plural shag ndutla he singular,a1 the context may regulre. Wants and terms not olherw6e dehned In this Mortgage shall Law Me mate ergs alU chibided to au GRANTOR: terms in The Unit—Commercial Code: FLLEN O6VELOaYWT LLC Borrower.The word'Salrowe"means Allen OevNopmMl LLC and Inchftles as co-egnem and m-buku.stgning the Note and as fair.....and was p. 121" Envlronm,M,l Levee, The words'6+r.Wyr it l Lawa mean AA'y and A 081a.last e[ad Jaue AamNe Pl AILA va.Nepn.na LLC yowl eatunn,ras N9Ma «R+faleas antes.1a lira petall of awsurs puMl de eaa srAAArlg sodrwl I'll IN CanhaAtlyrssrrc 'V-�rwnrvva+Reapatae, CpeM pdamM1 aK Lull Anal of 1060,a e—idan ag"t Segal 95G1-ti ern t'C€RGIA'}fie BrWamrsa ArrmdTra'4 ae!RralRgru izahrr W 1Pha Pub L Not e W LIMITED LL4BILfTY COMPANY ACKNOWLEDGMENT Ket�asrae7Co�fs4.n.hw.Mgr.T AM ra»0 SC M% see,lu arrba'appatia�aa .say wrasyr —an/r aspMan-.Pro ereaVed tlrerab STATE OF -:T s�N y E—tmt ONeuIL The wwd,'E,,N of mauir mu s+ q IX top prWaa al defat sal tops as TD I 4M3 )SS MA"Ta pp u see.a.ek M dYau seni ors iors of al Mslpegr COUNTY OF ,.J q Grantor.The wortl"Granlof maars Allan OevelopmeM LLC Gu—.or. The ward'Guar.Nor•...any gu.—,,surey,or aemmmodalion party of arty«ell of ore IMeblMnev This r—d was aabn-Ia,ad N!me rno w n .2Y _�20,>—by J.aee J Gaa only. The wad"Guareny'mean,the guareny Iron Gre-lor to Lander,including Allen,Member al Allen Develrpnsnt I.I.C.wlfoul firma,on a guaranty of all or part of Me Note lmpr hrenle. The word'Improvements'mean,alp exleerg and h,mre mrproyemenle, pyrpa'uwdlr Rtwn mite In ant lYsd buN6lrgs,enusturea,mobil,Inure. ,serail en Me Raal PrcpeM hies, adddons, My commla.Ioba.pie, 11-1a/-.T; replacemenm and other—lmcLon on tre Real Pmpany In" an—The wad'IlMebladna-mean,ed p-I 1,Ird—end late lase,aM ofer arhol cbe6 and isgr nsea Payable ender he Note or Related Document,,together with as ,vests'I.exldrnlj s of,mod kitilons of, :idalldns of and eabslimllons far he Note or Petaled Oo :"am a'lf rortw etpeeaee«Pd as ey le"ef re pl harpa&.+dale eeap n.n•ers.•d...0 re e.:arr as 0-:2�calwa war We MUT;.rJr-07gll"I-x+red as..tll vae�+[a n No+dsd nl enrs Vdyege 6pas.�s;ay. syt+m0.lra+a:Ov NyeatlCeL ixeera i'ra frAtAR eerR-xn sal h•Yt n Crd PNalr Aerar[n Waaf#a W-7GA CD]ll r:ap FraaYa Y►A CwiarWa spOf-]p:2 !/Re,Yc 1,ya�A •Aa provision of lies Mortgage,tW,Ihel with all Interest thereon- C LLASERPROIHAfllAND1CFILLPLSG03 FC TR-1103BT Pfti2 Lender.The word'Lender'means Hil,Bank and Trust Compdh,.Its subcomars and assigns Modgallr.The ward Wodgage"means Ihs Modgage between Gmnmr and Lender H*.The ssnrd'Neaa'—nN prill aer icle dated January 23,2022.M se.410 ell aaeem et InHirTae•90 rl Crid—1a Lender,together with A renewals of. Exhibit 10 to Petition Exhibit 10 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT a - • HAZARDOUS SUBSTANCES AGREEMENT Lan No 23" (Continued) Paget AFFIRMATIVE COVENANTS-Inaemnilor wveame wain Larder as follow,: Use of Progeny. Indemnlo,wit not use and does not asno le use the Property to general,, manufacture refire,transport l .store,handle or all at airy Haaamaus Substances.PCas. lead paid or habbas Compll.nc,wgh E-onans-I Laws. IndemNlw shall cause the P,oparay arltl Me Iterations eonaur(ad on it to comely with ony end ert Emirorvnwl.I Low.end o,tlma of any govbramoaWl eulho,,'-having IDl om,tton untlei my Emkonme-I Lew.and shag oWain,keep In egad and amply with all gavernmenlal Dermas ell aul.aaalions required by Envwnalehul Laws will, FOR RECORDER'S USE ONLY respect fo s:lch Property or operalmns Ihdemnlor shell fumLsh Londe,wdh copies of all such Pre tl Jeff Aunan,Hill,Bank led Trvsl Com perm",andraaheazallla and any mnsam snls or renewal,of them and mall nosy Lender of any pare By: pony,131 Main Street,PD Boa 16D,HIM.In ex Ire Ion o-on al auto permits or eulhorizabaa. 52235.(Bob)045-S726 Prevonlya,I,v lary,r and R...old A.Pm.Indemnilor her a.aaom extreme core In h-ma, Hazardous'Substances if Indemnilor uses a enmunleis any,Indenallm,al Indemnilor..,pens, ADDRESS TAX STATEMENT: shall undertake any and all meve,ave,in...apiary or remedial amdn(1ncloc ng em,rg,nq Allen.e I.pman(LLC,PO Box low,City.IA 622A4 response,renoval,cm ainmml and other remedial admn) la)req..W by any appkali Envhenmenlel Laws or ceders by any A.vernmenlal -holly having hrladcbin antler vi Enrvnmenlal Lawn,or(b).....silly to Prevent or mimm,ze properly damage I'r,dudirg damage RECORDA710 REQUESTED BY; to Owupanrs awn propery),poisoner Injury or damage to the emhonment,or me threat of arty, Hilts Bank and Trust Company.Sb to Cuba".131 Main Street,PO IN,16D,HIIe.IA 52235 such damage or Injl ry.by reeases Of or ey,n....to Hai Substances In wnnsi wilh in, Properly op or eminns o!any Ompant on Me Prol:edy. In the event Indemnit,tails N pad any pl Ind,nemors mlgallms under this section of the Agreement.Lender may(but shell not be WHEN RECORDED MAIL TO: , .n a to)perlorm such obliplrms al IndemnHore expense All such costs and expenses HMIs Bank 4ad Trust Company,Also:Cm.lrvcllan DepL,131 Main Slreo,Hills,IA 622U mC,11d by_antler under this sal and othemres under thin Agreement short U ielmbursoo by laid r..tor to Leader upon demand with in sal el the Nole deleull mle,a in the absence of e default raja,al Me Nbte lotet,sl late Lender and Indamnilw Intend that Lender shall have raft recalesato IYyn,aZArfy pW earl,nyip ea,e eaebl br w101r ins Far J InpuNmvy HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT a1r,+A eb4suex or sldiHre,lr,L W"n,1 owe d d,ep,en w q"a. !as s.6,ei,..lpl s+1,nsl nM by M1A1d,e'„sas ksreamalP,a d,eT,sd a yp—.-.a 44y The names of all Glanlom(sometlras'bol lay)cml Ue found on pe,e 1 of IN,Agreement Tho mils pl an Grantees Isarleeia.'Leatler)ran ba loud an page 1 0l Ire Agreement Them by arson" s lsons,nirley,ley My bwvnm.ra,r Lpw v1p 4wy Thad lase, sXaps,rW sus Nh 0 Mdre4,ten be buntl on pays 1 of Via Agreement The legal dasaiplon ran m round In page 1 0l eOlgm L�n]ef�',Wp.nlgzT nDprrWF.mtstl rYN AJ,ppMx 1p P„laam Lyy,Np Ills Agreement.The parcel idenlifwb,n number can ba found an page f al this Agreement ad anprldea oplpMRna a"der tad..Lie^el nip.yrppeaM x lep6pe dpelre re4eayn Dproprlate- THIS HAZARDOUS SUBSTANCES AGFEEMENT dated January]B,202a.la mode antl o..Nd among Noltcss.Indemnllar.hall Ilnmedlalely.ably Leader upon becoming an—of any of the baowing: Alton Developm al LLC,whoa mir-4 I.PO Boa 3411,Iowa Clly,IA 5=44(vamHtme,referred 1, (1) Any spdk,Illase or dl6posel of a H..,6uoslenca In any al ale Properly,or m boos,as'C"Nf end-don ellmoe as'Indemnllor-);end HMIs Blank end Trust Company,South Groan, connection ,In any of its oirema,me it such spa,release or tlsposa�must be reporled to any 1.1 Main Susan,PO Bo.160,Hill,,IA 52235(referred io below as"Leall For good and v,Iu,bi, govarnnenlal a,f.,iLy under epplinOm a Emirenmenlal Laws a,lbbaNn end Ie Oil.s Lender to rake a Ian 1,Borrower,(eon parry.....flog this Agreement hamoy repreeem and or...will Lsna,r.,loftene: (2) Airy conamiamm-or inra a threat of o to rbodon,of the Properly by Hazmdous Substances,or any violation of Ema onni Laws is aor irn with the P,p,q or the PROPERTY DESCRIPTION.The word•Pa.iba -as used in IN.Agreement means the fallowing Real abrata he candumca on me Property Pmpary locoted M Johnson C-ary,S91e of low. (3)Any older,nonce Of v:al.tal,fine or penally or oInm slmlar eslia,by arty governmental Lot 40,Clmmuniy Yew-Pen Two,I.—City,Iowa,..amsrg to the pral thereof—,bid is aulhary,relating Id H1n,d Substances or Fnvlronmenlal Lows mad Me Pmpemy or the Book 65,Page 115.Plat Rca,ae c Johnson Counry,Iowa Iperetions conducted on be Propem The Reel PropeM or Its address is OmTamly known as 3666 Wmnsbao D.-Iowa City,IA 52245 (4)Any IudKlal or aamtmmrallve law,lgalbn or prweadhg r,Wfhg to Haz,dous Subslonres The Real Property parcel I,anlrfcmlan cumber is D918259001- or earreanmemel Lows and to the Properly or the o .rebone conduced on the I p,s ly REPRESENTATIONS.The following r®re,entalmns ere mall,to Lender,wbjed la disolOw—made 0)My nassal a R` + v rtuaawae�nil E�Ls,,ea„wwn a[1Ml,d VLls,*W Whey: all"Y+es'V Leda—ma seseaned"Nil allies:of lsnaar.lass:p 1.0[• Use of Property.Alter be Inqu,ry sad ovesagaom.Indemnilor has no kmwiledge,or reason to 1rns,.ey T U rscl p or Ihrealmed or that may namir IN tv05Rn to Impak, 0el:e Inez mere has any vile,m-amon manurature,stoma.,Ircomeal rafaemml, e+n:ars di� um any al Its obligation,and,,this A us N1ippInMN wM m n su enspartal,on,doposs,a or Ill—l-ed I—of any Hw,raous Substances by any person :�Y m�1ce i on,.ads,or eba(the Plop"- sam Racsrps ,n0s.nnsor,qT 00-1 ea—1 M LMOen IMade.Ian.14Nf Ore L Hnsal..Sla lean- Ahar IL a ihqulry antl mva,ig.don,Imennalor hex no Nrlawl,cf,or 4'.Iyrsr a.^„danv,lri WastleW d b r,"rFn iI IUI l.L•1e faLl:rq b 1Y,4rpxa S_S111a.'a`J an to bears -Nef the ProPury,whm,ve,dad wnethor owned by provlam CoaPonts,has N +,yinrrcp L-s,.e pee PrppNJ,Nt 1M iWaularl4 seride.,sim en ay.Ro,s y--0L " swil,conulnea al'a lo.,PCB.,read pa:nl,or oMer Hazardous Su Imicaa,whether used In sr,fmUl lni.nlgn„IW.N s ts'.1 ry smAa„w safuuy,rCa u Hand_snrxny,eNel ssdd c... aucllon or stored on the Piapaty rspp,la,+d Y t eel, ,aAr 40]Ahs ytl!yMu No Nagces, Intlemntlbr has —N. rw , dlrectyve, fairer o other Imo.lone.Lander reserve.the right to iri and hve,lig-Ise Properly mad Pension,on a On, ration whi or will.Iran dry ausal or department army county or.tale or the US- 9(ahy time and from aloe fo rim one Ihdemnitar shed coopons,May with Lender In cum P,o;Zmmt whoorman any na,al r S]Or,umnlera,mi action or omission On,under,or abaut Iha insllecllon and Investigations II Lend,at any time has reason Io be-,Met Indemnilor or any PropMV which We resueed In the,%,sing.apuing,leaking pumping,pounng,emlmng,emptying Orwps of the Propeay In not clmpymg win all apples Ne Envirmanarlo Laws If with Vs, or dua ly of Hazardoa Sabstn u into al store ambenl m or onto any lands or where requlawas a a In,Agreement or that a mam,'lal splll,,eleass or di.peaI of Ha ...SOW—damage may he,,,dulled(o the suds,wetors,fish sheufan wilw,ie,bill.,v m other natural has occurred o under be Properly.Lender may asm,,e Inaemnlor to lumish Lender el 111rAtts Y hidamm(or,,,pence as anvu0nmenlal.,oil or a.4a as.......,with respect to the manes of ,orw n to Lords Such a,A,l or easessment shall be performed by a nulled con.ullanl oppmvell Exhibit 10 to Petition Exhibit 10 to Petition } ra a r 1~ • E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT e E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT DC If p.e � • f t"� n`3 HAZARDOUS SUBSTANCES AGREEMENT Loan No:. 2303 (Continued) Page 4 - • M IN%Aipabars.o-n LiNdinT aOwJc:T]LWW to the avnbfory,1 die!dePM!e dollar AnOusk Spat HAZARDOUS SUBSTANCES AGREEMENT i I n.sh Proaed.A warfut Tnerhay u s 'IWQa a el I" n ad slab"oI Ann hams"x trio.✓QuIY Iaan No:: 2308 (Continued) Pag.a I - a r , • sit'P ar"one ptalal,and eta pldrAl'Lhall M10c.6.aNlgbdrr M Me Can(.xt Ray reawa.SWYaa av . Isd.a Not Lar:alin"doFMd In VA A-VialoW.VW hiN dad rrappne'T iTtsioutad ID wad rararri In fine Ulster.O Yl Cods by Lenaer,Any In,.-lbn...lash—a,by Lancer snap 0o 1.1-al-purposes only and shall not be conswed to creme any response Ury or LahlHy on the pan of I.—to any Ind—tor or RNrd. T'#.pied'AgnammC n,nm 1IV1 H]rAroera SuafJelres AgreemenV,a.Ihis to any other person HiLPad4 Y Subs!OnC>s Agbobal tarty EQ WrCTAW o1 mGdFred"M L`ma to Jim.Iogegnsf with all INDEMNITOR'S WAIVER AND INDEMNIFICATION Intlemnuor ronsy agrees to and shall Indemnity, eaW11A sod sehopill Arbil to tes Ruwoc,rs Suo,%--cad AgreTmena fr..Ome to Ikae deal ins krr mhnaf.LarCa.rp uaaeh 94.m eria,al I rrpby..."0".a'+1 Lw Borrower, The word"Borrowef'means Allen Development LLC and includes all rnsigners and Iwu...ta"clay+Acd la..e'kA'w^u,wfp.dRPOleaf e.aagmqun t W lyWI . me a•'sm makers sighingme Nate and all In air su ccessam and assign s. .m rrr,paad.l 1s a ..wan ha., "r nfn.and.rs ~%ruraua aawLan anonvaltf Ir..,[mar W a+-1 sae.M ,arta0y aeaM Envl,onmo nlal Laws. The words"Environmental Laws'maw any and all stale federal and ecal eaatA rWr.d iem.cR dA•Ngaa a•Q w•nwLoa n venal•n+•oa i.'rrrli PRnm ix nary ins e,p etabMaa.'e9llYao'sf ono LTanarsneeT"I'll a1 VrQ peNpeb—el on'rmA Mob 0,luse rean.—Al, Pcuria roary.i..aareryw r.r,.w r-ycn avprwig r.Prv1.lR.Qrr vo.Mspr.�vNa:,.d a,n. l acA+dyN 011vul aTaown t"eyanprarn elAn,EgyannR.rdw R"poortR Cw6w.lf as mw "'wey.a alq maar op.rrana or I',.-W a ire/+:mar..nalerw pr En.eanrrc+lY oaf Lxaq net at tuna,a mapbnd.42 U.aC-Scum WiOs,at xar.rCERCLA'},an SupslNrel ar Ly meal al.ar Ilea mon-lr."e"y Ili y.pclai+"A.i.nr Emamnerlw Lam,it"J"n AmranMhP'NY 9"RgAN taork, n Ads of 1g1 0,alb L W 99-40 fAARA7,Ira"%Breen MiRtit inaAon air mir"A erwca dvvg.t u CU arl.+q M a a nD,.0 ro."a�.�:RI r vnP,nr arswean,finoan.Raa.a Lay M A'a ew aaaY Pa ss a ape—.,ee Ira ea ac�iar Matenals Transponanon Act,49 U.S C.Sechon 1801,at seq..the Resource Conse coven and ryury sv Ct•xtai dt airy Parse,,rras.sr..r a cenaY a cry preprry a..ry M d•n avaarrrli Recovery Act,42 U.S C Section 6901,at seq.,or other applicable slate or federal laws,rules,or Hh,er In Graf_V ill a (d Miaaarli C'xl txi.nPnt.,.prptanlAY(ri a wairaiale sonarac h regulations adopted pursuant thereto M Ath hi VP toe rdal%on al prq I:--las Lien plm4.Won—na-s a aPDat+ala I&l because of their are i.K • wne. bril.iyra mawlas]ra-VAana,nasal a., da,Wal 0 o'!rt Hazarded.Substances. The wortls"HazartlWs Substances"mean melerlels That, pear'9 of,.t]ytt ghaaum en air Praplry,oltM arO cumlTrraw+NaRld dr WmwMr1/. quenhty,concenlrahan or physical,chemical or Infectious charactenslics,may cause or poae e w ha Isas.r4.aci an rPastain"Ntul.et.I.a.ael,.t&,osuaraa by".ern whaek0i- present or palCnbal haaard to Human health or the Cnvaonmenl when Improperly used, healed later at• xapatir9 srttaT,t Mlaarya yra yasrYr ays+rq e�u+.lra'atn dl ilia Prcgrr•a,�.'�r ar stored,disposed of,generated,m%faclured,transported o otherwise handled .W we +at P.O"oapVAE!ro IAr'dr:w 01 ao lard n Ir,a.t]inrasry I,a.gnnraeWJmena avian TLsa.daw LNA.sifar An u.etl n NFir Vary prm >enxraere arrAstla M'h_Ym�Neen dry ty se[am iv s arras.ere famnlipa 0 as r and.a]ed appin palyw x IM a Irral ►isp A'I ha]strom of tEa1C"Aterfrlip.mwsrLTY by wa.Y M dowlerl LI)•W%lad W4@r ow ramn.M a0634a 4 tlia I,O.iery,l'Wnarbr"far_ilow old vegan as p-.anrt a+Q"on, Envuonmenlal Laws The term "Hazardous Substances"also includes, Iwthout limdalian, wesa AN u+w Ru naar.aq er wrrMw6aA n rr en ii,eemar,biaapauo.l,w�IW ui,Arp petroleum one petroleum by-products or any legion IDereol and asbestos PAYMENT:FULL RECOURSE TO INDEMNrTOR Indem,ilo intend.that Lender shml hme tun lece-1 IAdlbtadryas, Tne world Itd0tionil is TRAM as 00,I pat,oftmat dad ref.lean,pied a" m L+eerrdV.ae ry raWnnWacLaJMgm.hdu.a ApraamW a.>�1'.wfm LwnLaatle. Sveh ecu " r.Ksaf NTa�'e w,].c Ihr ey!a Pr ANa1aa CKumMIR'sgaT wdn aL Ln>.1'ae.0—diem.,oboe, s arid+ ao*fnW k rR MuraJr• ItstaaPY%L~`1 ruglXNr no 4w of.ds:MlWiS W.rADRfCi•,yn:W.[ne1G1 kxip l 0 1.%WCa-'.1u'f.)'M IV Intl k,"er as rap.pa.n—L wt h leveed a•a•eas re—inho,raa.a curs r.asia.rrw•t d terry for fie P,Na'a:oqp pinta Ard avry A'MI/ip eaPr,SN al aeveau0 by 1~10 draduage tnlLyaMW 'Jena.v.konv or my kI*—.edam a ar r avc..any.ire Irmlm�al f5u u{1u lba". V,'.IpaYpls•pie aapo cot inCWraO Ly L-d.L to "to"1rAaa1rs:0Yf OGgapss V"da,This b.x..elan,ealoaen..]/ataafea 1.un]ar as to a+Ir ~fl`T;]rn em dW wall. vyrdannn4 fvgbn with Merl m wa,calves,x Irmadlee'm gad AgreenteN race.Fern 1.e+aa'.".os near.al wmpa.b,a _11aa+an awe amooahr v.+wr.P 1a ha wa• M fsaT wxe.h redao+W airy ra..7y AstrJ.lrr dean 10 Ivy lrwrovAPna su,T a.a.Trd..l,N Lender.The word'Lender"means FLIIs Bank and Trust Company,cUs successors and—Igns .err.]MN 4'rene apse r"",4,xa.1 eeNd,ra.Y.x n lb.ata.%1aArxMr raML ad9u y yyrN ray Hlo.a Thatword"Note d.Aae Mat"ale ogled January 28,2022 AN Araa'r:uled by Allen SURVIVAL. The covenants contained In this Agreement snail M r,e(A) the repayment of the On loix W l LLC In the pvit;0 IIIp[Sa 1g0.aa,together xi'],EdIQMKIf of,extensions byaptaq.y.lei a'R'isaadxtaa.ahaly*M l or porrpMtak of ar Fraway.cad top on,Af _ W,m*&rVlioaS of,reLfbraTpga al,c urasid6Was al-and subsbtV'aeAa fa ft note or croebt ir.a.a w aw d kr..ka..b L.nda.ei cry wmaau a L.aas. Ian r&ranres.N.aplt•].ns'a agreement Apadl.d sax W W tar kea"of trial arid:ear..,p Lerch•,x heft.,.1 any. " Occupant. The word"Occupant"means Individually and collectively all persons or entities .czar..err Fep"W na ladALedx'a.atT.rN anr,0'f-P M aiwr M.sr PmpMr kd—.* ccupying or utilizing lire Property,wl amer as owner,tenant,operator or other occupant. bractea—or Ina delivery of a des in rnu of for<cbwre. p MISCELLANEOUS PROVISIONS.The rollowtng miscel%ne.us provisions orc a part of Ihis Agreement Property.The word"Property"means as of Indemn,lce.right,bills AM hisTi l a,Me to ad ace Ae..n�'Taaa•EJA.•..a 1!aamr Msann arty aiaa a ad4n Wihfl cry NrM W-aProperty as deschoed in the-Pfopeny Description"section or this Agreement ads AV n Lraar Yul a.aal4.n n[a.ar vow aver V..-1 ref a.I dil mae•,aaY Real Property. The words-Real Property"mean the real property,interests and nghls,as fuller ire„'4aa■sell ra sears.q.;cay hhTrrea a Tal o+y[eve!aCM a n'•Nred,ail la cl.—bed in It-s Agreement at Ma. ,a r a,--La,]n re Ms first a L"6 wn'd.rN y1 n of son.le aid yMaY'en Nnt uurra a ins onraTerawttG w aiR'a ass,.aa+w Related Doc-marls. The words'Related Documents"mean all promissory notes, credit a pen aftee Iik edr—mrsW'oaCeR.wwVat ilea yae,n,al aR hyy,aRfis+llxelaa agreements, k= aGr"nWr,:R Cra'AWarallLtl agralettil {hualeakN, sini egreamonls, oI lip e.00 xt—W4 riPad L,aar.r.dosaiw"l�H'eyaNi eeLFa.yALeWC s hailpa, mortgages,dwQa d mql.aaelW J OadR eA.1anil n.rD".'aad rig oax+instruments, ho—,when W any end Vill.701C P caw,seYWa r.,aK rxa.r sermon I.7N agraa,nonts eM denarlMts.Wha1MM a N hMOaIW loss".o KOW In eenfaal:ien with the x.+,•k bca el ro.•-re leave.r-.•ard.q dnunayA'keaovS e,pr+aaT 4rtgrl.rna�' Indebtedness s—o.111'a .4.r n nxa•qafar'a�••rr.wr n.�aalw0.�s.a'a•,d pyawlnrars eaa.eaan a-awe.w.rmt d..carry nee.ea,W-14 I" EAoH PARTY TO THIS AGREEMEVT ACxIIOWLEDGES HAVING RFID ALL 11f[PROVISIONS OF THIS reper.a i,wsav fe;r_daurr MPonar.]an.y..a•awMa.rnl aaa•ayl MeA mete re •oe•le AO?lE1l.Nr.AND EACH AGREES TO li9 TERMS. NO F9RilAL ACC(PIANCE BY LENDER IS r_N ParR�vR by-pyktliy hia` sWm1„e.n nw pay a co.et oaMt A aool an q.l hjVtfis y TO MAKE THIS AOREEAIE.47 tFFECTIVE. THIS AWIEEMEHt'IS DATED JANUARY 2B, other sums provided by raw 2022. Gyrrum Law,Tn.ALrxarnt wllI be iker=by%Pali law rpo."Na Yager and,to the INOEMNITOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS ad.Aroal P—obi r It,Hdlrsl law,In.la.a.W e Aay'r Iowa weh.H�a;uil to Ile conflld.at ba,yoral—Try.A,,—.*has been aeoepre by YNM In an.Fla 414 aaw SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. Cholca of Venue. If there la a lawsuit,Indamniyr agrees upon Lendel.reque,l Ia submit to the Iunsdicdcn of the woos or Johnson county.stele of Iowa. Indemmtor nereay waaes nohre of occeplunm of Ihis Agreement by Lender DEFINITIONS Tne loilwnng capdelaetl walls and terms shell have Lne lollowinp meennes when used Exhibit 10 to Petition Exhibit 10 to Petition E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT _ E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT HAZARDOUS SUBSTANCES AGREEaAENT I r 't PROMISSORY NOTE Lean No: _2709 (Continued) Pape 5 - SSio oIP pp CiA6•I622 01.6=,Ma Iunl zaR �a,we an Sl}6 uw DE t e r eneew,�,uwl..aar...aL.lr.w.«arxera Aewa.. .n i,r.Ywv4 iavrrn.m wnEw.rmeea l;prt I , 6w11 IH �Lender;GRANTOR voawNe wlE.nelsoncempny rwL ' levm LIry,4 aa2a.r :«L Po aoa 1a0 19001 aasszzs ALLE11 OEV LSE .rll.rp.lAmeNnr.]]18,C6p.pb Orr of Imre-APO 6.son :arAr.AY»a.E.r"•e EL�I'e.�-.`I..•�Y..naar.r.Y.....r,a ra.I c..,.,n�nn..eY.r,.La.rrJ of-, v...I w,r..•re�..r rra..l.r rA»r w<.:e,ry.v.,,a eoweermr.n>,.,paawlr.Y.�w r..urr Ia J 41Yn,Mamba,of ARM OF.ekIgTIiRY LLC Iw v v.-sca awac• r.azA slaw r.ya rrarA ak+Iw w nne.d n�'4nwr [A:c�.Naawi.aiwe�nr•w wyi+wi ruy'�.�W ern.re.a�Rirr..I.nrs wi~ew w+ra w•e wr x�...y rwe..Rr w LENDER 41EaI IT aa-I urAr.r...ar. T ed.+e.r.•I e.r ll�i�wr.,l..nrr.awya.eew ynmwa..e wn:f aerl.x.•r,..q EL ae�.uN..r n' �Na,w.e+aees/arsnrseaa wn sby peaearl,IrrerrLvrs arwyL�e, .oi KILLS RANK AND TRUST COMPANY N"" Y�ati•'^•, '�"ysarrY[rvrWa pp eaThRaraw rearxi M r Wrwr yy IrAlNr raw• axr Pn al,afae iyMWu min wisp Aw)mebfeolslBVOxperarvvml vrNe�iryawnum rate plp«eo Uy ro42aoe Nw.le e.we InreN la em npAn ae Erule erunn y'Y INTEREsr cALc[RA[Kr�xL16rR InlanaYmpar XOrp YrwlaRYaw•'/fhb aaell:WI b,M apphlnp IM ratle N Ino rNaxal nx II II ll,,���(J� r•yrr pl]ra oa[p.+WaC ey rM aNhlenrea poly}}��aaar�a,,rewWi EY IM aprwl numbr d aya Me glmlpd Mynce N % f W atem G;W-Ir, ouyynwq.aYareww Frpaye darer lnUxY•aapplyaaY6RleewNr� Taeaa ady,R'P,Cem6ure lar.lnq x�ir.ra p r rw s.-.a.aw Irr�i.a n.+�ierw�w�yaraw p eprr►� rw.:IFr.+ rrw NreyrN..a.e..Ifm rrwlperr Ya Wawpn+.r sr w.E..rnlra.w..[.Yrefwp..eyAlrrrx rc.ae r 46Je'n r.r«q aelaH Yrmp�rinarwa a0lyrw q WrH beaNx rae..r.• xw...e.'M1,pn++•Ia Er'Ess..w +an+I awe e.f rr+wn 9•asnw'a.,•rf LEv..sM+'la aww17✓z.lF.vvw rww a,.aa4r 4++aM LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 'e'r"°+cL.•e^w'«.;a..psLplp�'.rw«arTr..•.•.n'°r+"r•r,e"v"..•-•�...,. r.e wl 1r..e LAr�irr..M uM�w.i s.�maei Y Nor w v:,oe�.r..'..'w auwi I..�Iw�p.:,.Y rw.s�.ra.wir•�w Y alwM[rw Ma es.wYaary rreM.axle a na.e.r u Nr Yna w zrval C.�arh,Amr:Nol.oapU 1a1 STATE OF oWyL Mar aynE W E,r la has 4 alaaaAH0. I e uTE eNaaaF.I wrrwm a zo dap a more ble,eamwe:wp M cMrpea e.000x m 4o pnwN ponbn er m.,prrwry amaMlaa /..,1— I SS INNTEREET AFTER DEFAULT.Upon OehWL Mc W a'n ro COUNTY OF y�•r'+oU 1\ I .oaD•„pv erevrr.Nvca on a rear pl 3ED aeYp DHexex, pia emenl Rrel nmNalvlhry.Ins mxmel n!OeeOn Pa Nae selp ele I.'I:'ppry r awrwE:e yw n wa m rest r le eveea m..lm� _ EF.IILr.EeN pl Ira IMextrp ewN wnaawle an exrl pr aefaua r'Exnl pl DehuaT aaxr IEu Nolc This record was agrrla[N6y6A below mem t1 GALNA rL, It 2022:by J...J e.rmvrr wl.:rn Npncm.rranmmeM pm wrmaN.M,awu:wv um NNa Allae,Llrreber el MEN,It0wlpy6+enl I.I.C. v wINA—Ei`E;-Ip mr�mpN wan m to penprr,,.rq olMr Iemr.cwo.-,wrcwm or wwmnn wnhmea In Mo Nae ar b �EyrI. •new Lamer.-e Fargyrwro DYwaEor tocenolm env lemr,00galnn.mveMN prwroipon conb:n¢a in arty oV<ra0reemeM r,Rf bW+b rwr r zW 0erE1L,lamer or«rr Gwr seLw rm anv kn wrrrn+lm or used.eewnN mreerre:x.purw.e w NNrawva u W iwu yrae-.l..r!eyrpl Iry pyr part'w prnM N[waY ma;e�xey enen erry ol6prruwere pmpem w t101r]r haRE lz iii IM,r1r 61+160} LtAwwara a[Nlrs•ra,y aeaAwrr arbrm ar.r.vaaepxx.Nmv mr lglexrm el merelelm 0owmenu. y L Y my.—I.M.—PI.. /l-iy a-3 IaM luwrry wy.yaryF,sprLrrryaruYa..sTgrswHW.lel,.+frr lr/wrpnmrswrra srraf,e.wl a{AI��s Wpa.�! _ w.ymea wry ger[�aaaq.aweer,aaaq-p Kyraap.eb use He•parsrs ae/ra wLerdwwra.t.wcr+.wr rp rw pana•relenr or rre.w r ati Yrsrp s01vl..l e,wq w mexrrRewry aww+I a t.Rar.x•.. rr..+er6•wrrwr..u.a.n..wrre.....erawrw.pa.rar�..frarr..ievn.�r.e+,rr. P.«n n w+d.aer.TM arrN.sw w 6a.vM.plQaam r wrr.re..r�..a...N.eA w er.rr Arnaw ae. ksawe,n elf w brRr YpeRhr, wapry rweaM xaE wa�dany a+Nnr an s•pTa •naa.[ r .. drvVwa•ay•vea.Yary PF+yhE�iv.gl�ir. aY r.r+ra�.xxT�i LENDER ACKNOWLEDGMENT oa.wr«f„.er.+wanwE.oow.a.r.n rnrrxr.w oeeRn wleae�w.wnl ee m,imaFi 4 ahiaese.ry.rf dya0.bavp awwp4srveaa•rsr pq Y+rarrsd:Y .H«adder aame•a lea. aepr WwVafNawrFlraay prod amrrq were yq. e-wR,M May pay.,v.l STATE OF � s w,Y,alwe p.xmlwni>.+aWypaaw aapw }nlwae�wn rLv oY�•x,erse wn da.neaorr ejawpwypy aYep.raeeee Errr+...ra+aelr..rwwar ar brLrr M.w�vrvw««.vn Lnm rv..sy I r�enywT�tr.nrtnxnr d�.[wnryp a r r'aN+nAa�wra ae t,rw:n a awl aappbn x bN n ve..a i.r. ,{ r SS Eiarullen;ANcnmanL MY e+pwpw a aMWnenl h xeNV a0mnel eb CopllepL plb also earonen or elleNmenl a nN eel..w COUNTY OF JOh ni,Y1 t pacnarNeau Nevea woman lmrry p0!aay aver me aeme is xvca. nenga riwllpr rMr bwenw.axp urgpaRrlvav ear,ax wrlvrwanrry v.f rrsrc rynp pxr,y�Fp atlaDEd � mqe�art yrwxwv.atr_.aa.+rn eryEe.w4pwCwnpewfr.w Ev r•aeanwwrew epe pr Ya Cpxleral tt rekw re..+eR aN r w.daye r fYa arvq.vu w reF•aL[w v neaEwr•rr.n.vevE T6ry tOWry wa[i7rpeasEQp6p C1hr6 m/M �-ad flGRrr/ ay 20 13 by Tessa IwN UMenol�er aan Dnur«nla, aereull ocean ywerem 04ermonpepe aeetl pllmal a.secvm epnevneN cxnrq en«xrl *1161 as FVP.Cdmmnelal baphlalp al war IMM rd T,ybz Cd.Vjpy e ff yaaal fr.M�wY n+e'•W as N aK4i d I1.Of p.arrtr�pr pNee�rp!:pC��Ipr tlm pavmeN or ngney ..e.w. r^.•rr i�w:ox�l ti�,nw..wr.r.wy rDO IM Ipmp,go,.«nb t�,���L` ��re�'wrw,rL�•]a.R.e.era wrr�m.ry laal een Yrh ra wa pl ne aaer,eeamagoese emw w,.ma Notary Publle la and I "Stale of J pKGT AtliJ.Ell I-rr/_d aaw a6rMa p.reern.Marar rnap7 r«Iv won reaped la xyG,.aRr.«eq der marrs...+aer.away (_yqs i1zI11 My cammisiloe BRPlrec y rrkraY r..rervaa«py Gren!n,a am doer p'rMaam,recarpl.Nrry-w evrrwarun parry W[m. � .rerw n.rpMaa.e.aM.s r+.w<rr el,pr I:mnr unwr,..y.erare pl na.ae,Eerna...xwa by mh peno�e�o°il,a rrpu n Map�ne cw,se ocW,e,eprrwmr.rmenbal rana.pn pr Mmer peaeYee me Drwwa w wmrm a Ylwa pwain ee:..�r.praraa"i•eEaw°iw°nr.gin.: -ow e%:�°r.+e.1wa wie•aw_w`e.`..t+wre�ae'e:.'1 ww�waw°°°:.wa:�.i.I w�.�erlua.bw•.':""r.a�.aeiw rlwN'.r' .� ngopure compmnw ae eeenrnaepway pr LENDER'S—TE,—.1 aU mr-A.Lemn np eedve snare urrwa pr rgpl 0ear+e waer Ilue..a ar:al ep ecrnroa urgab IMertel «ery aye.and uun a-A. wet pav IMI ema:m,w AlTORNfYE'ffEE;EavENEE9 Lema mry na or pry emreprw d1e Ip rNp�d Nn Nve II Bpnprcr Wei m1 wY Bortwer WII pry Exhibit 10 to Petition Exhibit I I to Petition r 1 t E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT r - E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE '" i E'- i)= CHANGE IN TERMS AGREEMENT Lotln ND' i313 (Conllnued) Page 2 LJNA Gala run MP praeAa AieawM T oad AYe✓a .elan.he wta .TO reeBa nal.rn I<neen ayeas ra an tiro Ii-V Pe AL aRwaw - �_ omo �1dS�G71 D!•1s.7G0] �ri S _ ! 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W plavr.rw pwnMY da•dAl sY•Tpla AP wXnwvAd PlrR wllnwrTAa•TSJrY HpTGE IMPDATANT:REAS QFIopE S1oMVN6.TfE SC N5 OF THE rA AURFEF�NT 9XOUl9 9E P--L �N�r w•wrr eryT.Y rIrr FM.wPAnynw w+a•eY wedwea.awvd9 I g91Yla roar ra P.v C•:R ULLY uECUf9F�•1�Y r1E01E 1[All'y 1M W1yry�T ATIE E11FOR RRIL]Hl Di1ffA fEvSF1 Oft DHAL w pn rl vvwa [&%o.I E8 NQ!COHrAWEO NR T9 IMM LWW ENEN'T MAT E4 EN rGRE CM:,•90RAM.3 PRnR TO&ONINO THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PRONSIONB OF THIS NOTE BORROWER AGREES TO THE rMY L1lAMGt THE TEPM!OF "Lo"AGIPeFOW Q^y BT RNO'THER TERIL9 F THE XOIE CONORIONAL AUTOMATIC PAYNENT AUTXORIZATTOH.II w Wnq•DN en1.9M•Auromem veymAnlA'eppan A—wn I I—)dPor¢e R ACNNOWLEDGES RECEIPT F A COMPLETED COPY F THIS PROMISSORY NOTE AND ALL DTHER DOCUMENTS RELATINO TO �Ialn as lbw N aJrR INYyNAb-rl•IdCr,ar11 ONE rnaVA L 'r'rllM wrF 01E0 enugabennl THORROM OEBT r.d9hd YTr}t W br s a Wa Orn re YNr Crrary dT N rram wlw,•r.ever p•.Y m lM µme ro arrT�r+T•vPI LIIr/rsg•.Lo.a,n:H Lwsf[wAnn.Ian�unw[wvr•e;AMwrW.au.s.bw...�. [NLOWNER.FV NUNnay aaounu ceraM NymnRNAlOmnnM1lp ruNa,By aHNnD mIDWlunIry WIIMw ProrNN BORROWER. Mw BenEA nd lrv'�ClampnY aacurab And up to yu nlormalbn nprAnp All mnlhltl ownen mticonlrolwNlewIA.INMUACRnwladpA I H Ir my napoMlediry to natty NIIN BaM AM Twl Company al µy rAnrp•A to br Id¢rmllbn 1—d- 41.rWALi AmEHT»F ESNIN NOTICE.11 ws goml ro1A n eDnee••bNmeolly-IM pnnA egoa to use wcumb al9romoa Iv Inb I¢ornuaarY mere Ana r srory a9roeiwnn.nnpJClmne,ellµnrnnu,eN,sP.NumA n enY weY mmocled'a ouxnenM. lYr'eRCeN•wG,�n1RNtl•J•r+e�wFvJ TnF W*.F rtPFT•a w+rMeeme ylw.'A1+Nw•iN,.}p By. n�� raa rnn MeaanAr Ynw•,Ranq.urrrrAapMI9Y�R'TlNorprP,v vwwgb•NOLvac wJ a prom uc �w.•viyi R•wlw Naaw vya•Hrapr+aLr►r..i✓ra B�++Ma'm•"W+aA•Ii T.vWaowrevAr,EryAw r0 wnsn lne xuw�cawneePe XeNiya w"•'••"r•-'�"��'•�•"'^"� ".�...,..�.•.^"""' PRIOR TO SIGNING THIS AGREEMENT BORROYPI READ AHD,UNDERSTOOD ALL THE PROWSIDNl F THIS AOREENENT.INCLUOINO THE lAlLl Vl9WHe.BORROWER Id.-1.THE TERMS Of THE ADNEFMENT. EDRROWER N ACNNO-ElGEl RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN lERM9 AORFPNFRT AND ALL FNFA DOCUMENTS FEIATIHO TO THI9 DEBT. BORROWER: ALLCX OBNIIOIaIETR LLC NY "'Ti1�6ir"Ake:�ECL�• Exhibit i 1 to Petition Exhibit 12 to Petition r' + r } E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT ,,, CHANGE IN TERMS AGREEMENT El 6362 PG: 125Recorded:4/13/2022 at 8:05:32.0 AM Loan No:=� -�2313 (Continued) Page 2 County Recording Fear$32.00 Iowa E•Flling Fee:S3.GO CDmbined Fee:935.00 taRou: Revenue Tax: I0m Painter RECORDER y r Johnson County,[awe r,.a4.1 Aka lrerkr MNraaR FOR RECORDER'S USE ONLY Papered By:Jeff Aimed,Hills Bank and Trust Company,131 Main SOeat,PO Box 160,Hills,IA S....i.e.)4-6726 ADDRESS TAX STATEMENT: Allen Development LLC,PO Box 3474,Iowa City,IA 52244 RECORDATION REQUESTED BY: Hill.Bank and Trust Company,South Gilberl,131 Mein Sheol.PO Box 190,Hills,IA 62236 YAM RLHARDE9"Al TO; HIII.Bank and Trust Company,Attn:Consbuctlon Dept.,131 Math Street,Hills,IA 6223B MORTGAGE kOTICE•TNe Merpgaya aeu,rea uodB M Na amaam 4P S40g.900.Og. Lome end edvmcaa up to this Dunk mgwhaa ad:h Inel en cal 0 I tie:sl.ea to ether creditors under subsequently recorded or IJH nony¢ef and Rana. The name.of all Grantors(sometimes"Grenlor)can be found om page 1 or this Mortgage The names of all Grantees(sometimes-Lein can be found on page 1 or this Mortgage.The property address an be found on page 1 o1 this Mortgage. The legal description can M found on page 1 of this Mortgage The parcel Identification number can be round an page 1 or me,Mortgage. THIS MORTGAGE doted April B,2022,Is made and executed between Allen Development LLC(referred to below ea"Grantor)and Hills Bank and Trust Company,whose address is 131 Mein Street,PO Box 160.Hill.,IA 62236(rafanad to below.,"Lender). GRANT OF MORTGAGE. For valuable cowldanitho,Grmlor mortgages and conveys to Lender and granls to LaMar a security Interest In all of Grantors nghl,tine,and interest In and to the lellowing described real Property.together with all excluding or subaequantiy eroded o effiaad buddmp, Improvements and fixtures;rents and proMe;all easement.,rights of way,and eppurterancea;all water,water rights,Wele—in,end ditch rights(Including slack In ulgltles with ditch or IMgelian rights);end all other rlghts,royalties,and profile reteling to the real property,Including without ilmllalion ad minerals,00,gas,geothermal and rdr lac traders,(the"Real Properly')located In Johnsen County,Slate or Iowa: Lot 23.Community View•Part Two,Iowa City,Iowa,according to the plat thereof recorded In Book 65,Page 116,Plat Record.of Johnson County,Iowa. TM Real Property or Its and...b cer„nc4 y known.a 797 Alden Bomt;Iowa City,cal 52245.The IG.I P.,l pans —or. la"W 25TID06. FUTURE ADVANCES In addition to the Note,this Mortgage seeurca all future advances made by Lander to Grenmr whether or not the advances ale made pursuant to a Commitment. Specifically, wilnout fimitetlon,the Mortgage sauces,0 addition to the amounts epe�ad In the Nate,all Mute mount Lender in Its dla«anon may loan to Gremol,together with all Interest Iheraon;however,In no event shall such future advances(excluding interest)exceed in the aggregate$400,000 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 THIS MORTGAGE THIS MORTGAGE 13 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE.Except as otherwise provided In this Mortgage,Grantor shag pay to Lender all amounts eeured by this Mortgage as they become due and shall selCly perform ad of Gtentnra obligations under this Mortgage. Exhibit 12 to Petition Exhibit 13 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT I E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT _ MORTGAGE I 1 • Loan No:'_ _2313 (Continued) Page 2 - f r POSSESSION AND MAINTENANCE OF THE PROPERTY.Gantor agrees that Grantor's Possession and ua,of the Property shell be governed by the following provisionsne No of the colhucal for Me Indebtedness comililute6,and norm of the funds represented by the Indebtedness will be used to purchase (1) Agrcukural products or property used for an agnculturol purpose as defined,n Iowa Code Eadon 535.13, (2)Agricultural land ac oof.neo,n Iowa Coda Said—SH1(2)or 1752(1);or (3)Properry used for on agr,culluel pumoce as denied,n Iowa Coda Section 570.A.1(2)" Possession and Use. Until the oc of an Event of Delauh,Glamor my (1) rannon in possession and control or Ire property:a(1)use,operate or manage the Property,and(3)collect the Renle Ind Na Property FOR RECORDER'S USE ONLY Duly W Malmil m.Garner shall mninein the Property in tenantable condition and Promptly pmWm, Prepared By:Jolt Auman,Halle Bank and Trust Company,131 Mein Street,PO Box 160,HIIIs,IA all repairs,siplwxmenls,and-mi numence necessary to preserve its value 52236,(000)445-5725 Hard an azous Subalc m. Grinlor mpreu warra nix and warrants that the Prepeny nays Ira.bean,.rid ,eVwill be so long as this Mortgage remains a gem on the Property,used for the generation, ADDRESS TAX STATEMENT: menufacW!e,storage, fi-tment disposal, release or threatened releme of any Hazardous Allen Development LLC,PO Be.3474,Iowa City,IA 52246 Subslence m vio1,1 n of any Environmental Laws Grantor authors—Lender and its agents W enter upon[he Property to make such inspections antl lash:as Lancer my deem appropriate to determine compliance of the Property with this section of the Mortgage. Grammar hereby (1) refeasu and w any future cams against Lenoir for mUmor dy or onuibutlon in the event RECORDATION REQUESTED BY; Omm,r becomes gable for Cleanup Dr other costs under any such laws,and (2) agrees W Hill,Bank and Trust Company,South GiMmrt,131 Mein Street,PO Boa 160,Hills,IA 52236 incommy,dolond,and hold him——111 ogwnot any and all donna and boom—.long from D beach of this peregeph of Ire Mortgage"This obIgaINm to indemmdy and defend shall survive the WHEN RECORDED MAIL TO: payment of the Indebtedness and the satisfaction of this Mortgage Hills Bank and Trust Company,Attn:Construction Dept.,131 Main Street,Hills,IA 52235 CONSTRUCTION LOAN The Improvements shall be computed no later Iran the rnalumy,tale of the Note(,r such earner dale as Lender may reasonaby establish)and Grantor shell pay in full e11 costs and expenses in connector wdh the walk. Larder will disburse loan proceeds under such lerms and 00-110m as Lander may deem reasonably ne essary to msure that the interest craead by[his MORTGAGE Mortgage shall have pmony over all possible bens,including those of material suppeare and workmen. Lender may require,among other things,that dabu cement requests be auppcmed by receipled elks, NOTICE;71,lc Mortgage secures credit In the amount of$400,000.00.Law,and advances up to thk expense aNWaw US waivers of vans comstrucltum progress reports,and such ether documentaban as amount together with Inlees1,s senior to Indebtedness to other creditors Under sub,,q...Uy Lender may reasonabyrequesl recorded or glad mortgages and Ilene. DUE ON SALE-CONSENT BY LENDER Lender may,al Lenders option.declare inmetl,etety due and The names of all Grenloe(someCanes"Grantor)can be found on page 1 of this Mortgage The name. payable all sums secured by this Mortgage upon the sale or[rnnsfef,cur hout Landers plwr wntten m all Gen[ees(sametimas'Lendar')can be found on page 1 of this Mortgage.The property address sent,of ail of any pen of the Real Property.w any interest im the Real Property. A-.ale or en be fountl on page 1 of this Mortgage. The legal de—pU.can be found cn page 1 of thin transfer,means the conveyance of Rea[Property a,any right.Idle or inlani in the Real Property; ModpoBv.The portal Idpnti!alert number an be mound on pegs 1 of this Mortgage. whvllwr legal bv,afc'wl ui vouil.trty,wl,vll,.r xalunuuy in invulunlnry,whauan by outright sale,deed, malillment sate contract,land contract,contract for deed,leas shad interest with a term greater than THIS MORTGAGE dated April B,2022,I.made and executed between Allen 0...Upmenl LLC(referred mme(3)years.Nifa-0pr-•ad ea'OrP=t be pads,auq,~k or winder of any fol—ke al ud4rest in or to below MOT "Grantor')and HIIf.Bank."Trust Company,whoa.address 1,131 Main Street,PO Be, to any land Nat raking 1Ul4 le l or RW hop-sny,W b'y see~flse^pd of d-m,—at rifle-1 160,Hills,IA 52235 fimloned to below.."Lends). in the Real FYepeTT. If any Gran f n a"room fps,sionnen"Or Nsdarl Usti wryYn."refer GRANT OF MORTGAGE. For veioabk....k1,mtbm,Grantor mdngegee and wnveye to Lender and Iha"ii rafey Unng of in.6%,ar artery ti,atdlher p n>e.(ul,civilian W dot wrq)o.►o, prangs ma Larder a aeduny merest in ad of Grantors right,Elf.,and interest In antl to the lolloswrg bragr ln'vMw�+iof sere then w—y-Friel prrearlt e25h)of Inn spring slack Tistlna 0 rraatewl I ad,laod real property,together w,lh all existing or subsequently erected or eNcied buetlings, not he of Iutsim If such ex rc%thenoes biRmll b 01 V.9e G41p 1( pre1,Ike epTan aha6 improvements and fixtures;rents and profits;all easement),rights of way,and apptniumnces;all not be axerc+sed by Leiter If such exercise Is prombi:etl by federal law air by Iowa low water,water rights watercourses eml ditch rtBhts pmduo,ng stock in mil has with dii or irrigation TAXES AND LIENS.The following provisions relating to the taxes end fens on the Property ere pan of rtgllls);and all other rights,ro,.",as, and prelim retailing Io the real propeM•including without Ihis Modgaga: gmitahon all minerals,oil,gas,geothermal and similar matters,(the"Reel Property")I...led In Johnson County,Stele of Iowa: Payment Grantor shall pay when due(end,n all events,a to deltngge,I.all taxes,payroll taxes,special faxes,asussmenls,weer charges eM sewer service charges levied against or on Lot 23,Communly,Vlew-Part Two,Iowa Clry,Iowa,according to the plat tharent recorded In coount of the propeM,and shell pay when due all storms for work done on or for 6a,-. Book 65.Page 115,Plat Records of Johnson County,low,. endead or material tarnished to the Property.Grantor shall malnlain the Property hero of any Hens The Real Property or IN address 1.commonly known as 707 Alden Street,Iowa City,IA 52245.Thai SevinB pnony ever or egµN io the,l rel on Lancer under thin fn anp.pe,sand for erase iw 1 Reel Property pineal Id,,Ugcallan number N 0918259006. L:nfcally agreed to ling by Lorelei,a tl except for Ire lien 1 lazes antl essessmenls Hal due erd except ail:Wherwum provided in the Mortgage FUTURE ADVANCES" In addillon Io the Note,this Mortgage secures all future w1wrces made by PROPERTY DAMAGE INSURANCE.The following prove—relating to Inswing the Property ere a part Lander to Grantor whether or not the advances we made pursuant to a commdmam Specifically, of this Mortgage w,thoul h ulatron,this Mortgage secures,n addifion to the amounts spai in me Note,all future mountender s L in i16 discretion may loan to Genlor,Iogemer with all molest mw ura eon;however,to no MaIrmn,mm of Insnce. Gri small prate and maintain riches.of In,Insurance w,in ,earl shall such future advances(...ludmg interest)exceed m the aggregate S400,00000 Standard,,Iew,a coverage endprao—mis D replace—mil hasu for the full insurable who THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE covering all e mproverranls on the Raw Property In an amount eulhclenl to avoid apptdeaom of any RENTS AND PERSONAL PROPERTY,13 GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS cansw n clause,ard with a standard mortgagee clause,n favor of Lender Gramof shag aN0 AND A PERFORMANCE E.ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS min urns and mamlain comprehensive general liability insurance in such coinage amounts as Lender MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: y squeal with Lender being named as then insurance, ns ads in such fubibat coshed t policies Atltld,dnally.Gmnlw shall maintain such other in ,ntlutlmg but not limited to hazard, PAYMENT AND PERFORMANCE.Except as amerwsa p,01,tled m this Alp]aye,Genlor snail pay to bue ,nlwrupgon and bo�ler mauence as Len lersmay require Policies shall be wni(,,by such Londe,all amounts secured by this Mortgage as they become due and seas shrc,s,Ski,H Of insurance companies end,n such form as may be reasonably acceptable ID LelMer Gronlor shall Grantor,obligations Ural this Mortgage. Exhibit 13 to Petition Exhibit 13 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON•CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT _ MORTGAGE MORTGAGE L.nflmt _i9113 (Continued) Page 3 Loan No:., 2313 (Continued) Page 4 tlehver la Lender unit les of coverage from each insurer cunt—ng a stipulate,Met coverage - ; r spay Me Indebletl.ss or Grantors ability to perform Grendem"s abllgal,ons under this Mortgage will not be unceVod w dintinishetl without a minimum of can(ID)days'Prwr written flat,,to or any related document Lender and not conleining any d'uclomer of the insurers liebdy,for failure to give ouch rwlwe. Death or Iruolvenry.The dissolution of Grantors(regardless of whether a action to continue is will in suranu pot y elan via middle a ,o�s��I r default hot overage in bvath of Person made member withdraws from the handed habit other terminal',,of III 1 be mp red in any y by y U, a default I Grano.or any Ner person 1 any ty company,or any h—ka Ina Real Property be boated,n an area designated by Ike Adm,nl,tralor of the Federal Gantors evictenep as a going bueinaav or lice tlepb of any member.Ns incalvenry pl Grantor, Emergency Management Agency as a specul flood hazard a ea Granby agrees to obtain and the appo,nlment of a1...for any pan of Grantors property,any assignment for the benefit tai laln hood mauranre,if avaJable,for the 10 unpaid pin-paldbnee of the Man ale any prior of cled,lors,any type of creditor walkout or the r ,unencemenl of any proceeding under any ees o,the progeny securing the loan,up to flee maximum Polly I cards set under the National bankmplcy or Insolvency laws by or against Grantor. Flood murerwe Program,or as otherwise required by Lender,arc to minim such msumme for I...h of Other Agr„m,m. Any breach by Grantor weer ma terms of any other agreement In.lean of Ina Man Flood ma.—may be p—Meetl Imes,the 14.1—al Flood Insurance belveen Granlar and Lender Thal a not remea.ed withln any g,ca period provided therein, Program,from prwater insurers proveing-private flood Insumnm"as defined by apphrable feasted clud,ng without timllabon any agreement cai,,esill any Indebtedness or other all of flood Inr a p statutes and regulations,or Ito,another goad n o provider that,s both Grander to Lender,whether existing now w later o seelplele Ip LeMer in Its e,I,di-1—and periled by ap]Iwerbh federal hood insurance Events AHac ueren fing Glor.Any of the prnMimg occu events rs vnlh respect to any a statute, no raIldbllons of any of the Indehleaness or any Guarantor dta,or bacon,.Incompele,t,or revokes or Lander:E.pendlWms. If any ad ce adorn or ptoeding eV Is or men that would mererially affect disputes the valdity of,or liability In a,any Guaranty of the Ind,mod nec, Lenders Inleresl 11 the Property w if Grantor fails b amply w,In my to—kism,of this Mortgage or b Curt,u sap islla.gL e'T Id ulna CWYM1R any ReMI.D—ir le.Mclud,ng but not drilled to Grantors hdi a to discharge ar pay when due PU0 MPx ul Y.a a�Mai-lha P o ee rd RCvar4�Ya yes any emounIs Grenlor is required to discharge or pay under]its Mortgage or any Roaletl b^Fla a •+l yr,""Pracrvlg Documents,LeMer an Grantors backed may(but shad not he ob:galsd to)take any action that ka,INv q'w 112r dl 4 My aW sin]if tueense,aft,tauter syys w~.=.tv ofar4x Lender deems eppropmck,on the Property and pey.ng NI it for in.unna me lemino and CIT—oxv we of weh palryet feel tUa l Nei dell vol on,(IF el a It)A fen we preserving the Property.All ouch exps.•Milures incurred or pad by Lender for such purpcees will re¢rfea mate Ilw M4 11)Cliffs,rnlm.iafly'rluyapa aaepk W-11r La-xer dace a n Lar4/r1 Inert bear interest al the rate charged.,der the Note Irom in,am,morad or paid by Lender to sale aas+f-Q,m ate WffOeril 10 Ass Mee dNeu4 s the lhassWhr swat.Ire aampY•al ei Ina date of repayment by Gran a, All such expenses will be—a part of the Indebtedness and reasonable and necessary steps sumclent to produce r,onpusno,as soon as reasonably at Lender,opb.n,will (1)be payable on dame., (2)De adder to Me balance of the Note and practical he appardec ed amorg a.be payable wllh any,nstalmenl paymesls to became due during error Rights and Remedies-Delaull. Upon the oourono of an Event of Default and at any time III ore term of any applicable tneura.e policy;or di the remameg term of the Note;or(3)be thereafter,Lender,at Lenders option.may exercise any one ar more of me following rights am te6hd es a ballad,payment which will be due and ceyable It the Fote a credulity r medree,in atlp,.on to any other righls or rematltee provided by law: Warranty;Defoe.of ntle The fallowing proviso,,relating to--hip of the Property are a e A-1...is Indebtedness LaMar shag have the right at its option,allot giving all required pan of this Mortgage natce,of deloull and after passage of any grace pe�,M,to declare be entire Indebtedness Tllle. Grenlar a ands that (a)Grantor.Ids good and marketable title of record to the immedlalely due and payable,I tic inB any prepaymanf penalty that Guntur auto be mqulddl PropeM 1,fee vmpl,.free and clear of all(tens and en—town—other Ilan Nose se!forth m to pay 1IMc:Ut mdl,re,—al as may M expresely required by applicable law the Real Property descnpl-or m any tilde insurance policy,;Fla report,or final title opinion UCC Remedies. With ill le al or they pen of the Pertc4el Prical Lender shell have al ssuad in favor of,and eccepled by,Lander rn connection wth ih„Montage, (b)Grenlor has the Ill and remedies 01 a urwM pace,,Fslvt ens idrtrldrrn Ceni--y Code _,lull right,power,and not me tip exoof do efe deliver In fracpuu to Leander,and(C)the Judlcaf Foreclosure.Lender may obtain a dic,al dewed Went.... Ganlere interest In all or Ilene granled hereby aza I the type f ten (erred to In CMp;et 575 f tine Iowa Glee lu p supplement as now anacfed or threader modified.amended x repleead. Granby for itself any part of the Property and all persons chiming by,through or under Grenlor,agrees that rl claims.Ilan or night to a NonBdtctal Facades— Lender may e n the right to noriyutlicyl Foredo....punue,t to I,en of the lype centemphled by Chapter 575 or any other chapter of the Code of Ipwa and Iowa Casks Section fi54.19 and Chapter 655A as now era,led or hereafter mooldwd,amended full as further w all.aces and rights pursuant Id said law w h reaper]to the*no Mraby or repleud gra=Ind n,and decade. th, Mid warrants that It,s Ile sale peM anlaa�d to ace eo and agrees to Other R—dibs. Lender all have all other n hls and rernedas provided in this Mort tlemnily,defend, d MW eatenedc Lender from y loss, i fie d costs, dudmg the Ndle or ava,able al taw all, I, g gage or so.ble allomeys'lees,threatened or suffered by Lender ai5ing either dead//,or endued//, equl Y s a result of any clam of the epo—ki ty of sad law to Me furs hereby gronfed Sale of me Property.to ins extent pammted by eppticable law.Grenlor thereby waives any and Dehme of Title. Subject to the exception to Ile,}tier,,,ere(trey.vapa dI OW-A aft right to My,the Property nershaMe In exercising Its rights and remedies,Lender shag be forever defend the Mlle Ice the Property aganst the law ul W ns of,tl Persons free tip sell all or any pan o1 the Property tppltlNx p eePlnx4',✓a o,V lack p by consecrate ?.11seMa !Undetected be¢milled to bid of any P�Iha,on all crony portion of Me Property. advances nces when N]moldy pats all the all ed mess,*nsd,cg without Ii Grant,,lon all future Election of Remin led.Ejection b Lender to tl snag not a cl,dB y advances when due,end raH and het=1s all the a sudwns imposed upon this Mortgage under this y pursue any comedy pursuit of an A[p4ppgp.Lorokr shall esvcuh and deliver to Grenlor a suitable setisladlon of this MonBege and other remedy,antl an election to make axpeMltwe,or to lake ecMn to pedorm an obligation -lacc if sL,YrrrsrM1Y or IsasendW,of any mural Muslarnent on I&esidn"L inCary oval of Grantor under this Mortgage,sitar Grantors is lure to perform,ahed hot affect Lenders right ariquest In I-1q.:Y era 1N pars-,ai Pmse'h, G•snbr r.el scar_J pannlae M secesealss 1— to deco-,a default and—flan,its ramm,sa. Nothing under this Mortgage w of hunks shag era hllderkbi hnsa artpem I"as de!aml,*pd by Lateral rw tabu Il Lice be ean,lr.ad so,11 1p I,mlt or ro.tricl the rights era remedies ewaduco,to Lander following an Event of Del.ull,or,n any way to limit or reslrlU the nghta and awry of Lander to proceed Events of Default. Earle of the lollow,g,at Lenders option,shal constitute an Event of Default du: aga n,I Grantor s ndfar agar/any purer—crake.,guarantor,sure) demur and/or under fleas Mon surely or en 9aBe to proceed again./any obey oneleal tluectiY or indirectly—wing the Irtlabtedness Payment Default Grantor lolls to make any payment when due antler the Indebledrecs Aslan.ssra•Fers:ElPicauss.NLeresar alsbl Ucss caiz sJff to aegarl us fflcx a aq of pia hrac sof Dafsult-Other Payments. Fadure of Grenbr wIihln the lime rail by Ilya Mortgage to bull Llongege.Lath s'ua be enebstl lv re--ovv axe urn as the move,ray F ritaii make any payment for bxe,or Insurance or any other peymerl necessary to prevent filing of ".W.'24"alauxul Man try,and';. dry apse! Y.=.efl_of peel aar awn aieprye q By to effect discharge of any ten rrryravl aced to.pie vitria nip[pre t'm lop' a is-aeLr eape4spl Leryer lalye back[, L!MCP3!¢Mn calf npniary It>-,•srie far bee P91hil of 4j;14,413 p tea f-'l'Ytv!!YM Other Default. Gmnbr fail,to c—pfy with any other term,o719alwn,havenant ar and cion of Its rigt ch LW pscser a part al tie Ipdabyp ials pe,avy p1 came sap iota ocher keen" wnWlne l in Mis Mortgage w,n airy of the Rbtalad Documents or die Note yea Rum tliv tllll rH isI eaplisdSre oath Aped Y.[eraaf io:Yllr6 1N De/ Default In Favor of Third Pardee. Should Grantor default under any ban,extension of credit, W.;aafaa WAL01e,csAlreut laismten,hwrarlr fer(bep tip allnde Ma ~Mist"levy, runty agreemenL purchase or sales agreement,or any other agraem-1,In favor of any other Lenalne-poets BalaLs" exa l Mptl py a laW aldsel r-0 are a Ierayk, cretlilor or moon IMF may rr.l.-fly aH:d any of Gant,e,properly or Grantor,ability to r ehis ig critical gals and aspanch o for benWemmy fuecaLea•OI[v'lkibelg Viont b frcl Exhibit 13 to Petition Exhibit 13 to Petition ) t I E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan No: 2313 (Continued) Page 6 7 f r=1! t :2319 9T1 (Continued) P.O.6 V or vacate any automatic slay or Injunction),appeals, and any anticipated post-judgment modifications of,refinancings of,consolidations of,and substilulions for the promissory note or collection services,the cost of searching records,obtaining lille reports(including foreclosure agreement.The maturity dale of this Mortgage is April B,2047. reports),surveyors'reports,and appraisal lees and Idle insurance,to the extent permitted by Personal Property. The words"Personal Property"mean all equipment,fixtures,and other applicable law. Grantor also will pay any court costs,in addition to all other sums provided by ,- articles of personal property now or hereafter owned by Grantor,and now or hereafter attached law (fixed to the Real Properly;together with all acco-ons,parts,and addit,ons to,all Shortened Redemption.Grantor hereby agrees Alum,In Put event of fyedfdeu>e 6f IFa{Mpgpprta, r ( r replacements of.and all substitutions for,any of such property;and together with all proceeds Lander may,at Lenders sole option,elect to reduce the period of redemption pdbvent m beta (including without limitation all insurance proceeds and refunds of premiums)from any sale or Code Sections 628.26,628.27,or 62B 28,or any other Iowa Code Section-to such lime as may other disposition of the Property, be then applicable and provided by law. Property.The word"Property" p rty. p rty'means mlleclrvely the Reel Property and the Personal Property. Miscellaneous Provisions.The following miscellaneous provisions are a part of this Mortgage: Real Property. The words'Real Property"mean the real properly,interests and rights,as Governing Law.This Mortgage will be governed by federal law applicable to Lender and,to the further described in this Mortgage. extent not preempted by fadonel law,the lows of the elate of low,wilhaut regard to its Related Documents. The words'Related Documents"mean all promissory notes,credit conflicts of law provisions.This Mortgage has been accepted by Lander in the Scale of Iowa, agreements,loan agreements, environmental agreements, guaranties, security agreements. Choice of Venue. If there Is a lawsuit,Grantor agrees upon Lender's request to submit to the mortgages,deeds or(rust,security deeds,collateral mortgages,and all other Instruments, jurisdiction of the courts of Johnson County,Slate of Iowa, agreements and documents,whether now or hereafter existing,execuled in connection with the Indebtedness Time Is of the Essence.Time is of the essence in the performance of this Mortgage. Release or Rights of Dower,Homestead and Distributive Share,Each of the undersigned hereby Rents, The word"Rents"means all present and future rents,revenues, income,issues, rehnquishes all rights of dower,harnessed and distribulive share In and to the Property and royalties,profits,and other benefits derived from Ina Propertyharnessed waives all rights of exempbon 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 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND such rights. GRANTOR AGREES TO ITS TERMS. Deftnillons. The following capdal¢ed words and terms shall have the following meanings when GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL used in this Mongage. Unless specifically staled to the conlrary,all references to dollar amounts OTHER DOCUMENTS RELATING TO THIS DEBT. 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. GRANTOR: Words and trams not ulherwisa Jef-d Ili thin Mul lgege sliell hove the nine ninga alNlUuted to—h terms in the Uniform Commercial Code: ALLEN DEVELOPMENT LLC Borrower. The word"Borrower"means Allen Development LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. By: Environmental Laws. The words"Environmental Laws'mean any and all stale,federal and Jena ADen,Npsmlyr Of Wan yerllorsrisnt LLC 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 or 1900,as amended,42 U.S.C.Section 9501,at seq ('CERCLA"),the Supedund Amendments and Reauthorization Act of 1966,Pub.L,No.99-499 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT ("SARA").the Hazardous Materials Transportation Act,49 U S,C,Section 1001,el seq.the Resource Conservation and Recovery Act,42 U S.C.Section 6901,at seq.,or other applicable stale or federal laws,rules,or regulations adopted pursuant thereto. STATE OF Event of Default. The words'Event of Default"mean any of the events of default set forth in }SS this Mortgage in the events of default section of this Mortgage. 76kVX&0n COUNTY OF Grantor.The word"Grantor'means Allen Development LLC, Guarantor. The word"Guarantor'means any guarantor,surety,or accommodabon parry of Any Air AN of the indelwneas This record was acknowledged before m l on >n{ c O _ 20 ZZ by Jose.J Allen,Member of Allen Development I.I.C. Ownni Tire wwd"Guaranty"means the guaranty from Guarantor to Lender,Including � w idol li mllatoe agivar enly of•I N oaH of 11W Note. Improvements, The word "Improvements"means all ohm"sref lulure wWovem.cde. Notary Pubnc in a+N for She$late al hullAlnps slniclures, mobil, homes affixed on the Real Pfverl facilities, additions, TES SA ANN WADE replacements and other c...lruclion on Die Real Property. xaienit sift-ow 14 aahMnaren eaplrn Lt.tlwt•ril it Z�ZS Intlebledness. The word"Indebtedness'means all principal,interest and tale leas,and other luy Cep i•yrn� amounts,costs and expenses payable under the Note or Foisted 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 Lander to enforce Grantor's obligations under this Mortgage,together with interest on such amounts as provided in this Mortgage. Specircally, LacarPro,Var 20 4.D 038 Copr.Flnactra USA Corporalian 1097,2022, All Right,Reserved IA vNhout limitation,Indebtedness Includes Ina future advances Set torah In Ina Future Advances C:ILASERPROIHARLANDICFIILPL1G03.FC TR•116769 PR-42 provision of this Mortgage,together with all interest thereon, Lender.The word"Lender'means Hills Bank and Trust Company,its successors and Assigns. Mortgage.The word"Mortgage'means this Mortgage between Grantor and Lender Note.The word"Note"means the promissory note dated April B,2022,In the original principal amount or$340,000.00 from Grantor to Lender,together with all renewals of,extensions of, Exhibit 13 to Petition Exhibit 13 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE - PROMISSORY NOTE ti.e Id.; 2314 (COnflnued( P...2 Prin%WDr COiA WIE "It LLMA NG CnPCPE crOarR - •- i]IA OOOAD AIaIA]022 a6aLB-]A2] 7314 TAI fC E T/W40E crow mA wry fw Lnyea...uNnp wwLeHe.�SH SkTn]'w W,LHwr.NyNFpY INL W i.w4fERgw.wr]eL awpu.V rvA.n __ r���ti a.H_nu-+eEtluNsa[a+.•IpwYl•�-tlrtn Ypw- _ r Y.flrl[bLeAl rinwn timi.,mw.I wN*AM1'yn WL.yYA..�y M(ra rs.%.01+�-3.eJuaroln AARv].Lnavr,urxtranl..rrrP.a.Ilwnrcwna5E6{aC6LNW w-P.dwyrAw••T maw�r. $vrrprry; ANenwnl.—.LLC L d.tl .'} m.E-S.eTrul emnwnv r mawwvTneN rkw Ww.Clry,lA 62244 ]I Ailn 61rn1,PO Boa P6D .o aw.w ou m powm.e Tr 1.Gnl uw.pqu.TY to Mmerana,lO lM.Mpm nor UNI.tlbrbbnl Yw,N.lee.of ] .-TM Nde W r Men a[a.Pba M W nbr M w 9IW.....a ISI,A 6x] E E 111nereueuwwa Bwlor,er a0renvduxn Lenaere npue[I to euDrtel la lne lunrattl:,n vl me cwru vl JVlrruon County IEOD)+16.61]a bl olOYa ENU TpNi 1X lRWI.hryavfni NMaaEILY Yr.YraNnweillr7'aNxXl./4urBKl Plw✓C rnlMvl.�ErY Pnn,IP61Amo0E TO PAY.n1:f040,000-00 03M Of NOW:ADM 19.2022 a YNr wRYrAryeew M.rw'E+a4RwNrx wYrgrew�..rN'e VIwT 6E6[•/.ElM rwfa 6rrY4 rtlb SlrPrgrPYlyV o1N.unNva 9uln IAmrka mo wlndpJremeuvnl of T1rn Nufwea feM Thowntl[aoorl mOwan lfYn4Dm 001'wr mu[nwnlmaY� aS�w• ivwn eMla��'.N.n p6ae+sY wt yew We var n6NEla byllW Nwelaa NayLwEnL!•! uumwq,upnler vIN Inlanll on N.wwrm ouuundt pnmlwl pWnc.of ncn.oH. 1.d ar k.uu.p In N.'INTERF6T r�Yf..eNe MFsapyx o.ALCu IA""MBfNDO^wnpr.pn uamp.n Inurnl nle of.160%IprNwum bra en•nw d]EO a.Y. Innnn.bll b[WUYIpa COLLATERAL Bwmeer edrndHea9ef IMe Nc!e A Hl-by-1 EWIe I.ldgage GIeO Alt B2022 on,Lot 32 Comm"V!ew Pon 2 I;NanEN.Wla OI..IN adl.--Rw 1 or.nn aMam. unn ul.mY eunp.uM.r Ne umn.ntl.wuwon al Ne 1—y:nra[oro Wrrt ICae S.Amen Sneer rows Cry IA E221E)6 L'nunaed Gpennb aeleao1-1316 of Rtm]?pen ST AMR DEFAULT'bctlpw MYTPOT.BPnir Peyw M..]I PAa PtI..IwN�r+.r+w3 Aa.aTW Yry kaua.wrAya.l ern.[wuw.ry yA hx]vlua allxv wl yuuio o Ina Dire IM oIW mrmwl of mn al Ws ben muarrma m rawer b rol en I!p b r3.Y W x rIN~ [vM Lwµ W Ye w A Y r.ww'e WwnL ra wnlrumrlu e�r�nsnaverce.o Amer eisu y aNra b I eI, wuu IS eonavxr ur as waMM mrnW Pe• 0IL AI eUY.f 1.lekplwre w e c 10 n we 1 ave1. Iv Lemvh dlke Ebwn wv v Tlu MAXIMUM IPREST RAT.>wrglvPwYxO.�N 6M[InNM+wrL'4vnRAS I ♦/ raw MY eRv'A.I- Iwb P1 por>.ry earc euurmum to rmunl mlrerouponuonuuuw�lrve 11.Enni of wlauimi lu1«[umeeu 11-NT� MA%IMUM INTfr1EST RATE U Ne Waryl reb m Nu Nde e.dea lewd IW emr nrpncr Waue rate mown r.bN b enmbtl u anw uea Nb HaN bunlnl N Ne 16nlAJow tln[rlbtl N=lmaer Ib IopdNn3[e�MAbw:E,w Idv)IM roarer vl Te—wr—b, mu:olrmmaN eepxea DyeppmCU Yw, r.nry yr hv,m.tl,we or In w BW men SA..N ab i lmae prmonth.eo!nonn ATEREST CALWLATION HETHOM Inhml n IN.Nol.b..m la on•3-60 O W;RAI k,by FpPhIop No nW W 21 Im.n.1 N. S Pl.o _I[IO.qunnewlN N.Cm^rwlloYn Low A9mment ffoauwer a0ree�u route Wtle Icr etl ru+n eiarerTro(A) eavw[ea m . r v1 110 AH I.-ROA Ty m.oWumYr9 wlmlpal bYnn.m.mdba t N.w1m1—.1 of Gy.IM Rft.l Mbnw la Noe e1 'rI Y e wo v 111) ApmwnU moweallo w oYmwu vAN LUNW. �no;p1 ou O.A .0 DayreY um.r ub Nd.ncompul.tl uyq lnl.rMnea LenGfa roamer lerdpr�- ay uw 6Nuno•eI—hl W lm�kn and NlnerwFeAFwnm drm9es areewHe Nlhn Pl Ne ble cr lne lam am wtu nd Ce PyE2ASE 0FEpw'P.pnxl»E[xeY[YYNn•Mn.NO+NLYCrrx[PaeuuC:wFi+grNrw Tw]. Wlb b rml.pe PPry p1••Lw A.xae.e ralvlt Or ea a+lHe k ewwq.wp a.lr.Er[Iw.r ST be. iwpf-mo 3 4vwenrr..A/lelvK'aaPFtiEr�KieubnOl Ne.egA MNTJS,Ow Iv.A 4IT RR-Eaaf elA*N"a'r•b'.Lr[xT.lEteetl FINAHC4LSTATEMEN�R Bar olnr ewaearoprmite lemvwN.r[nR enculalekmenu em clNr Meta Wometlon al ruN lmquerlcea p LWNM+aq nave WHfefa k f HeKFH.nlgebn n[4rbee t ace eY.mM1 ly,e.e.Aw C+a•e.o rl re..re Ne n.pN'paeaL Durance be eWrwer.yee.mllp um Lemer pvymwb m.nea'wmmwlr.�.,Il�rrlrewr:rw;wp..ur mn9w6p Nedlm.er NOTICE^IMPORTANT:READ BEFORESIGNING.THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ TuN.piy Ier•x.y Sau�N MNroulol Lar.aeh rpnu armor wa bu,ax eameer war nm>n ceryake lv Per CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE-NO OTHER TERMS OR ORAL v NNMr ..1M. wnu.n urn.wm.r m.pula amw.ru,ImImInO PM cMen w pNx DaY1wm PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED,BORROWER mI WI Indk.w1 TEN plrl r U."•YFw.nt In lull'PI .....I—m' I b Iew.rea wan...r[prrHGm or MAV CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. WnMvona or..NIl.ablacmn o1•a Iff amount mWl b m.p.a ar arMuw lo: b enx.n0 nun epmwnY•Ann:Non Dew.,1]T _ 9 upon BlITI-1,eM VJFn Bmrowere-NE nweume TT Naln SV.n;M Bm TO Xlb,Y 6]2]11-0 SVCYCHA INTEREST TERMS OF H L AN abllE trbm uTE e14RGE.If•P.Ymenl b JO CM or man km Bolrmer w.b b rnargea 6,000%Dr N.unwk pwlon of N.MpWarry 1[baul.0 m< +dv Oe benele d Lemw em rrs wereasaa em eairpe wyminL NDTIF uE ar lxAccuMTE IxfDR.gnnox wE RErDRr TD cONBIMER REPORIIND ADExcIES BP own mry Hoary GNx N Lmen IxTERE9T AFTER OEFAVLT.L rMw,rp IeuWe Io Par upon anal meluMy.IM rrsmel nro on Nu Nv a abR b ve.e.etl Ie eoeaa e� Immurne mbrmpbn abN Borrow<re wrdrN(H b. rcxNw apwcY BmroweyA-DA,nclKa GrwbsN Ne 10.—per amwm bled on a raw o11 ISO Gaya,However.In no ereM wJl Ne L umH 1W-m Ire mavvwnl nkrnl nu Wn.A- Sueel^DBWeO Wel IAs 29 bGP Ll-ul No rdb nrg ooamaa THAN.Dent ant irvel Carwmy ANI,wn Servbq Oept III Man pkaue law. . 0 FE AULT.E.Or of Ne Neowurg HAY wneLlwe.n WxN el WuuD fErenl el peleult7 under Ira Io'e' xAN0E1 lw 6EME•ICUL 0 WNER.Iw Duunw.ameunu[ov.M DY Bm.Ikbl Oen.nNp rvin,t.rpNm blow I peNry wl I pv.wwk.a amDaM.caunla ant up to bulnlemwon nwmnp.IlMmlkW ewnon-11----IA.llmebr.- p. PtmaW-uII Bonowe•nro roroue any w-,I wF<n tln m10er mIs W!e- nllNET`mmay HMB antCwve.nYo1.nYcNnpntoN.lnrom.tlwpmvWM- flear[ylpf!Aer.]eer bw to mmwy vnln w ro pMcm any ttna bur.WN.eon,waemn:ar<omEan mnurmtl rrs ws Ncte or n GENERA P NOYTHON9.11 any wn of L,I Nde mnml M aMorw.Illy fact will m1 aMrv•ne IS.1 of Ne A'ole.LHmw may GIM or bpo Da."�k6 iAarA�p to mmPy ynln or Io pMwm ant unn,oe19e[on.wveaw w canml mnlarrea In arcv dyer aweemenl mlwaq wry W ib rgnb or remeaes wnel Yaa Nde unmoor ms�Nero.Borl vW em my oxrvr person woo xqm,quarantns or emoram .ru OPaR.%•. me Nou,ICL-e enenl eYowno oy Yw,wane pmnnmenl Oe rptmeM am nPlrce of aonwor Upw eM rnargeWUe bans ml wf errs kTaaw I'anW.wx.,r.ea rat en.aH.e,eWl.rmaar..y Hnn .yl.wa ne,[many aRnHnm1.ww,an w Noe,em r,maa Rmerwwe emrenN 6lnm m ynHe a w Pmn tnalroa.nmro Nb Nde.wee mr IS m.LnL 9mraew A—- AT mawv Pr ry of bnmwere woPeM w ^p IrePeeeoN em for erry bnpin d Inel INa ti'x�'K F W Mrs 9•.nrl4..]A,vCI ar RYnr dwrlol of pawn 1wl IRrV'.raWAp ened o, rcuner,wee M rc em or Buannlm Lol m]eleral or rmoeu�IW Y nave Lmn or parley Le Inoeh aewrry ulleresl rrs be cvlaNrPl,eM rue ean+wr6>r-ery'+raWl•M[.wa[a Y'lann eLrA...a Fe�nnn.uNw uW Nde 40 a•I 0 AS Ya1ea axum.11. ow pr rc eon yn AWT[�ew�A•r an6't••RrPlrMner waymE.a nyy%rA'eWweA..W al Enw.w e[pfllY.r.n YA.R.wmatle lei azcrlaclun a<emm neassooryl cu LE- yoru alne�Inen Neo nr rquwNerryonv Ae coal pens>m'saT�ee lnel LeMn meY mnary br cw.w r 64 wtr6M'wlmL.rawwc He.rP.w em++sLer..rr.wx�p•Yp.rnr.L�ePp..rr.mn mnrewn onto i.w:,IlwWew wnfml p m Ie y ynln wndn un mmyrmbn d mNe mTD.Gn.pm.r and xPY aewm9 m~rN rru:n maea mmyer or eI Ne m coow Nrnie'rr w�e -�ykeo mle�keaY�y yLkine pqMab ArelseTPAIROMRSID GNING THIS NOTE BORROWER READ AID UNDERSTOOD ALL THE PRONSION6 OF THIS NOTE BORROWER AOREE6 TO THE a.pr OTE MmIRINSce, ORROWER ACxNOWLEDOES RECEIPT OF A COMPLETEO CDPY OF THIS PROMNlORY NDTE AND ALL OTHER DOCUMENTS PEUTIN.TO 4.II=nq M=rxvrlr Wre.Ka.aYtin.Pai.rr.nrrwwd[YMe ySr.of.ea.rryl'✓K/.hra[. TH DRRowER DEB rr.I dw b�µPrYN nor k:r.`-yw,Fc' eTw ry.y.�r�rlw a+v rlw nluaMa r.era E . : Ew.r r IY6eEe . 11.�CraerNpr d a,.e [+P/rwrtnrrwLlR ain06 r1'Le6wdrVPyI0I�Ny IAn oq. wprIV, rr d/f✓IYrlawenxulv+n4 rdIAADwwa]wAP.wLErM-IMNM.-larn[N'SN 6r4+ab] qy.e xe-a e a 11M44n IleTw h ll'a.N w a N xSlpla u nelaaNwn u x wA.v.af w er.PM441 w Prwya or AAllw OMLAMCST NC eem9 by L.am rl Barloen Bma Lcmer eerlkn rot¢p111w ueaaw w I a rweeeuq am Cewua wren Lemer roomed m owee Irorw mr me a dedror oI Grwe wmnmrN w.n emouN aalHmmatl er Lamn,�m.an tlrawe[en a:M.y w.anNam h�� [ r bwa w Me aepuY rucnnenL AnY e.ewlen m RES. nl IT brad eaea:el Inc Cdkkr.L ern e.ral necwen or e.ntluxnr u nd del eaEe. I.-wrnn D N,,(I--Hoer L're I.—Y IN— Or Any werye M.,,yaw.Dwwr,..wr.a,a.b,d,•„wr.,,,,,k,..l.�w,x...dm.mwa mDremenua In .ol Ma CmWMxuw NYNe wnoMwr meal lne Cdaeral ---•-•••--•---•—•-•••�•- -'•'•^ --�'-+�•�•.•• r valawn olwW[owq ararnercewrtouRoon or pudcnsbvuon,pwrgw. Pmmn olnNp COYlerel ooc um.nY.A tleleW odors wwer.ry r moaB.9e,betl of dual or eecurNy A9:-—mvrnrq Wore I ]p 441 R�µLO 0%w Fv Bawer.6f L-H.Im only IS F6,—v 11 k leka! i pYrel pftrrraerab nN YarmMPewpMA'S.eR A •re w.4 io Iw IbNEX t.v.Ype+PA wf.Ne+.Aa--'�M e6nF ENi Bars Tom Nk acre.Ih P=larr E..Sw Yp%r.elrr•YL1w Pw..ar vyaw L�Ifr-]Id wt ewfYN fro AnNM nkne.w apT4w pofry awY wW lo.ped Io anyprnaw ray.afe porenur,amwlvr,eumy, r TPN'r'rreflaaLR F]RF N.aP 4f N+mtl.w41.u vP G.uamW,ar wv ollkr 6+.S4f,WShk arrW w.rrmm+maman parry feYne.«genla•Lw nLwnr6HRrq!!E.MyF ol,or mbdy ur.Cer.wr■rwRrryk M Adclx unk!nr..ee WmR A Hdmorrm d INS Nole b rmpalrM v verge occurs n Bonoweh fNnnH rorNuw.or LeMd Mceves Ne DlmDca o wMrtm ar em.II oM GYUIL PNer Wn a MeuE m payment,b wnNe em II Bmrmver an ml Gen peen•noYn d.DneN d IM me µoWurn of W6 NWeveal-Nab-TRIV MNe(121 mcmne,Hmay to mreO 11F-T,ever Lerner uMf-Ran W=10 ma�me of cave tlelew (t)curw me anaulw3ren me 111 tler.,orR Ilwmmr +e.man uun oro(f)ea rtylyd aPlapa wrvtn Lagwbems mLemer.vela m[c2wnlo G.•,mnonl lc am me Gu�uam maewar ewlmuee.M mmpelcr.a rnawN am neuae.ry W w.Wrdom to Vmw'w mmdume n.mn as nHaudy precneL LENOEP'S RIGHT.Llpn—N.Lemer may Oetlare Ne wme mpam PnrrUDol be!errru urwn rive uek em AR..'I..rmp..In1ap1 Tlwrw.b.due,✓d MenB -.1wmwrywl.crow ATTDNNEY!'FEE];ETPENlE! Lemer y e or p Y mmore tlso w mrP rmmd Inn uou II Bonower aces ml pay Evnavnrvml pry Exhibit 14 to Petition Exhibit 14 to Petition r•-, E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT r ,. E-FILED 2023 NOV 29 3.07 PM JOHNSON-CLERK OF DISTRICT COURT y 7113 -C CHANGE IN TERMS AGREEMENT @a S; _' CHAFIGE IN TERMS AGREEMENT Loan NO; 2314 (Continued) Pape 2 PRnelpol �474Ed➢0.p0 p1 S3-IAT1 A"`e TAWrf1E �+522►04•1W .14 T +4r.rArne.aea. era brarnvrua•v+.vew ___ _bYn• -..+Ger•.•>Lnvw. ( . I1 �r.aM+m-�h••••-b�.�n_<e•0_m wMwNin� 1 1LYJfa. ROmBWr: albnOm Ppmnl LLC Lender. W ISW&N:WTnru Cemgny Ro ew.11 ewers cmen W-cap.R 522N tII ILIn SInN,PO S•e tw ICls aAr[uo+111Rr BOIaANF ;eool usene PrWH+S/m+etau:1340,CDpA7 Data of Agreement January 25,2023 WGvr�Olf O•cNAK6srldYl rTt•Llr n..Aanx/aWn.rMMNdFMrwbi/ere.fr. --•�•••-��-•-••---�•-+-••--•.•• ••••••• wrFnem MTE: TM.MMw m4r.M m.Mw umbh wa sooa.ne wa bR,n M aebma b m•vmbN.iw�ai r+w P.�ara•n e•w.. 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K 7�.y�aodvRm�ra'�a•w1p a b pxriw•tR antlM tin w•a•wNP+hewewnv.t'r q•l AV Fa.•sa NrA•H•^^•^d^rrerwwnap�ae.e pyu rcuyLL.r.Nwa•lie'MNNLLm.rylrWp.IS vw .,YEns�t.wwx-se•vtwaw.IM aMauwaeawRc�:w.Jwl. p PRONASEIIIPOAT Ep 1N SNE WAfFTF GR HAT 9!LLLLGiAfOurD HT Ole lQ A IN dR LY N T] SfRLIS ��ppWµµA[llli6lI�1ppAo MAT GKOCE T"t TPnNS or THE LOAN A>:PEEL1ENi L)IILY SY AHOTIIEA 1YVi1REN 110REENENF. f0•NIaJMaL AM+yr4slC uihv0.+auniOWVLL+uy.rwawprwrwSv.gwo.IM+nxar gwea N.+r.a�+l ya]•le'�aa •n•w ti imr Cfw'w e�aw w+•.xva I•ti le.+'+•.!renarr.n.,.r.•n.a.A.+b.w rar wF rfa wu w r�wl Nrn•q��.Kl Il..�anmfwTM ays•�W.N..c�•r�wxrv.`w i�rNM e¢reF wravw.t.R.w R+•�edvl.4n� a•aI a..a.I TwAr r.•.•nr6 wA+e4 a,M w to•�.re.ari~w.rw 0..a••NR rvL ey•wa Y1.rr1.hNMn u•nm.�Nep• n naa.+e•y w•rdI'rw&nk aN+Wet Crrry N.nr�'w•A w•.brnr.a-r.�r4 ESION HO1RE If aea eem•lery,wW b aIIDM e4cvOnbeh w Imnba pne a uw Neu,o,ec symenm•ror We ponJaawy,oM an0 N IonRYoutri„mmealn•)m•T1M.'en'Inwwawat rIwnaq•4e9•beooe aiam,mMmmtcmm••nwAwbw'e,n I•wMma a'dN=w.-bIY Od roa'mAw.er•ef o ar'•0•µwAv'r1A.e"'m>r•ba.w4•e•+Svmsa'Y+v>a+�c-i.wi r•Mv-aee.rvVtwn xetruMe4 Y Wxrnyept a•dof]wsem�!wmec n-•u'frn— PRIORUNDERSTOOD aie•iuilno aFarem•h•rr+NirarO Yd+iN RibMn TO MMM IRIS AORE la.BORJO—READ Me UNDERm000—ME PROWSMMIS OF THIS AOREEBFr1T,WWOWO THE VARO\BLE.—TMTEPROnww18 aOR0.0WFA AGREES TO THElFAA1B OF THE AOREEbMT. mraAO,VfA Ac'LMOWLL t M—T W A Cprk "f Of MVL G to tS a0ei4eW MA au OWLIL OONNRTa REUTRN+O*rA OELf. Se.— AlllM DEYELnOPI�NT LLO Exhibit 15 to Petition Exhibit 15 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT B3L 6366 PG: 365 Recorded:4/22/2022 at 10:50:22.0 AM County Recording Fee:$32.00 Iowa E-FAIng Fee:$3.00 Combined Fee:$35.00 Rev us Tax: Kim Painter RECORDER Johnson County,Iowa Fret MgC'aD`—Oaa o", Pnpand BY:JaN Aun.n,Halo Ranks!Tm mat Co e'.1a1 Run 6,_,.PD...lee,HIIN,m 62236,1900)ods-ST26 A1x iii TAx STATCMENT: FOR RECORDER'S USE ONLY aIN«er.alagrrma tl.,roeea Wk IQn.0,is a2144 Prepared By:Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hill.,IA 52235,(000)4454726 erco.,.11-N IUT—coo Rr. N!Ia aaa.anf inat[anp.rry,11—pm.,L 111 Nat+]Un110 Qoa IQ].nOA th e221] ADDRESS TAX STATEMENT: Allen Development LLC,PO Box 3474,Iowa City,IA 62244 WHEN RECORDED MAIL TO: MIH III Tnnt Com any.Attn:C—anicllon cool.131 Men Strut,Had,IA 622as RECORDATION REQUESTED BY: MORTGAGE Hills Bank and Trust Company,South Gllbert,131 Mein Street,PO Box 160,Hills,IA 52235 NOTICE Thle Norio as aamra uadll in me amant ofs4D m n,000.00.laa and aaauuea w to MN mount,Mptl,er—im—N.an anlor to I,W.badna.to otner c.&.uMar aida,gamty WHEN RECORDED MAIL TO: r.corad in,Med—road.and eon.. Hills Bank and Trust Company,Attn:Construction Dept., 131 Mein Street,Hills,IA 52236 ma nNaa ph to Granmre IamelMe.-Granlot7 mn Da ro0na on pwe 1 of mie Ndwep The mama of to Grins.(.pmellme.'Lander)Can be hound on page 1 a ana Monsoon Tn.pnp,q a6d,e.. Can be round on paga 1 of we,Moines, Do legal darcnmkm Can be round on one 1 of cola Mortgage.Tn.p.Idal Menuncar n mama,Can ad found on o.2.1 of Ihia Nora.g. MORTGAGE THIS MORTGAGE d,W April 19,2032,Is mad,and,coulee belwan Allen Development LLC HNanad m below ee•cmnlorl•�Hine eoM.na True compm.vmaa aaarea N 1a1 N.In suet, PO Boa 160,NON,IA 62235(rehrnd Ie balow a,-moor). NOTICE:This Mortgage secured credit In the amount la fiess to 0 he0. Loma and advances subsequently se u ntly GRANT OF MORTGAGE For n uaol mnaldentbn,Gnmor mongap.ant corny.la L".end amount.together with Me. 1,are Senior t0 hdablednaes to other credllare under subsequengy trine Ie LerAar a aauriry host hen of Gnnodra nigh!Los.and Inlen6i In am to the hsinmo recorded or filed mortgages and liens. deanbed—1 IHopM.I,-,Colon as eI"or as—rid,e,eaea e,wr re—no,, merits and 6alure.;nab end PmW;e4 assemenis,nants of any,end sppdeni noes;W The name!Of 4'1 Grantors(aOn/Ni1neL Y7mnmY'(e:90 De fgrnd ore page T Of tlN6 Mortgage.T11Q pemAa �np p water rights,webrco.osa and mach donna pmjo,,g e;ock In Modes Coto,dncn or Iaidaaon Of all relamnea(eeoneamse•L dniase)rAn be foun3 on P03,1 01 tht]A•orgagQ T"$Wopelly madresa Igntal;and tie none,no-,ro trod.era gran,Ixewa to me ntl pop,ry,I—,w wimour Con Qs idUN%d am pga 1 41 ihH ASOHITaga. Th1 agar doiCrlpr Can be IOMnd On pope 1 of Hill imaaem an minemb,al.gee,geoVtenn land rimer madam(the-teal Pnprn bond In on.. me' A A.The I iderd•7-ilon numlla!W W(Dung on CovnN SNha al Iowa: rig g p4FLe page 1 Of 1h15 I,Sp�gOPQ, Lot 32,DemmuNry VHw-Pan Two,love Gry,low,,eccordlw to in,pl.l tl,,,wl ramkatl M THIS MORTGAGE dated April 19,2022,Is made and executed between Allen Development LLC aoY a,,Page,116,PHI R.cord.arl.h...n ceunry,Iowa. (referred to below as"Grantor')and HOI&Bank and Trust Company,whose address Is 131 Main Street, m.RnI Pmpp.r Na sm,as.I..w„m=ny known..sou ws,aea,e od.a JAa...Aldan S—L PO Box 150,Hill.,IA 52235(referred to below as`Lender'). I. Clry,w 622e6.Tn.Real-in"parch Idenrincaaon numbor la OB1B216001. FUTURE ADVANCES. In motion to lee Mi.,mle MONgaga—..an NI—adwncea med.by GRANT OF MORTGAGE. For valuable eonelderadon,Grantor mortgages and conveys to Lender and Lander Io ruahm whelbar.,ml ma a..—a,e m.a,pursuant to.—anion.I speaneely, grants to Lender a security Interest In all of Grarlor's Tight.Ole,and Interest In and to the following —ut rinser n,hie Nonpp s«oree,m add Sin m Ibe a 6.paPpea in we Nate 01,1— cla—lbed real property, together with all axis Ing or subsequently erected Or affixed buildings, cunt,Lander in Its dleo e0an may Ian to Gnnox,mgohe,whin 0I-nat Inenon:homy In no svenl into such,Ith, ed ances leadudvg hte,eH)timed in Imo own....SaoO,000 DO Improvements water and,waters rases and profits;BL easements,rights Of Way,and appurtenances;or all THIS MORTGAGE INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE Ier,Cooler rights,watercourses and ditch rlghs(Including stock In utilities with ditch or IMgallon RENTS AND PERSONAL PROPERTY,N GIVEN TO SECURE(A)PAYMENT OF THE INDEBTEDNESS rgnlsl;and all Other rights,royalties,and profls relating to the real properly,Including without AND 18) PEAFORh1ANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS limitation all minerals,all,gas,geothermal and similar matters,(the"Reel Property")located In Johnson MORTOAGE 13 OWEN AND ACCEPTED ON THE FOLLCWOIO TERMS: County,BIBIe of lows; PAYMENT AND PERFORMANCE.F-L e1 eihmnse p,ov'dm in—Modpage,Grantor WII pay to Lot 32,CommunityView-Pert Two,Iowa CI Iowa,awarding to the plat thereof recorded In Lander all a,mun s no-ii by this Monte,of Ivey become do ant Shel Adaay primm tip of ryr g Gnnbfe obbBa:aa u,We,M'e MMpwe Book 65,Pigs 116,Plat Racartle of Johnson County,Iowa, The Real Property or Its address Is Commonly known as 4025 Winnsboro Drive tbka 608 Alden Street, Iowa City,IA 5224S.The Real Property parcel Identification number Is 0918216m01- FUTURE ADVANCES. In addition to the Note,!his Mortgage secures all future advances made by __w_-,_n�_..,_ C,.w,n—fl. Exhibit 16 to Petition Exhibit 16 to Petition I E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT -- - E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE • MORTGAGE Lan No-, 1314 (Continued) Pap.x Lan No: 2314 (Continued) Pepe f POSSESSION AND IMINTENANCE OF THE PROPERTY.Grantor ameba Ihol GrantMa maa U.n pW deMer to Lender cedilcelea of canape Irom mrh In,uror earn—Inp a alipul-Mn Wel wvaape e of Ina"""""be g ..M!by Ill.foflowmg prov.bne: Nan.a(US wbU..)tar Ile wIII not ba canceled or mmi 1. wnh:ul a minimum of ten(1.)days'I,.,Wrote.slice Ia I.UIMrea connlule.,a.none of Uh.Iuna,remeaMled by Ina Indeblednen W11 ba used W Lender end ml cvnlalnng any:adwma of in,la,urefp Iiabllly for(allure to owe such mlwe. Purc,se (1)Agrkunural ProaMn,or Properly earl Ior an agmI.III al purpose as defined in Imva E.a ansA.J pwey Aap eW e..Y�dan n+....�a.al p..rp]IW.sweep.In I..F pf LeePh Cade Sedwn 535.13;(2)Agncullural land.1 da In Iowa Carla Sadicn oH1(2)or 115.2(1):a 1M nq f.an; n may 1K�K�!rLayA Y 6tYwl.1 OU_.. orba, rase e (3)Po ry u.ed far an eg.ul:ual swam II delnad in bv,e Coas S-U.n 520 A 1(2) 1pleM m.Ra1 III—".frsd b M—>a,oaNad L}—lyt,.al.ealY d ur a.Jwr1 P.....na.and U.. UnIE the orcvna.•im of an Event al Default,Grenlor may (1) r '-r elfin I.�'[r'y'� Iba,M I.naf P_ aaaa.—g o.4]pfIn . a='_r W corral of Ile Properly;(2)use,operate art roan.,.M.Pr ,I,and(3)-tact u f0.0 Up•9 ft AIM All as ra o MaSa pi fAf al.a.In a.x awf M-f.n YI.abpRF P[eanp Ib Atli LP Gr Nr rAYYfYN PDNAT WAIa.saW unW pie MaYaW Wa Rents Irom:M1e ProaM prwd I.Xrnra trI.pIP•'L a _—_rpr'rFt Cy IAeO.,,..P 10 aanw erdr hwrcra fN f]yry f We.NINM Wmlp Iputl.,PelAn lee Proa,y m WrUI wnadmn one W.PIly penwm ti Ia.m SI ur rev Fy �inWfO!LO m.f q.a•naaal otln In.UTA..■la+hauatw .1w.rr.aas..+[n`w.,r,e.rnlMfL.yplpaeeM atl Ma III IA[.arn.lO Insurer.pinrl.arp'Wivele bap l.rla,x a dILw e.aape.tle NNWRI H.zallou.Sub.Uncn. Cartier ropr.eenla a. ~wIUnarl,I Me Properly n ver has been,ad y.ples#� LpY n no ae. Pp Y— rd pavrNM U,apg •✓+ a.*6 h4 Ltl ansVYta never.II bo U,long.,Ines Mortgage renaina f Ian on Ina Proady-used afar the;an n sla:ules and roguUlons menu.cWra,atwege,penI di .1,rakes.or MrealaMd leleme of any Hazemoln _ Subsknce m vwleWn.1 any E aarnenlal Laws Grenlor wlnwaec LaMar and rip.,an.to lender.E.pendlWrta. If any action or W—M.,is menmd IM1 would...rally enact enter upon We Pfoary to make aMb—nor,mid W as Lands may deem uproprW.to Lendefa mleasl m da Proary or If Granlor Wyk to ornply with arty Ina,0511 of NW Nlddgp or Oelermin.w'PWMc,of Ye ProoartY wnh Inn,MUM of Na Modgage Ganl«hereby (1) wa W d[D.OYaeV,in'.:�i but naE ih GaMw'e faAn.gp.rr.zaf W ak alm,e,and wawa any four.darn.ag.ln.l Lerner tort i.a—a,or woUbuM.In Me event •'I la G _.is fepaxd to AYI.Ypa N M~l`a•IfM4-qe anf Grenlor III—sable hu c.enup or omer coals unmr any each law.,end (2) 111—to tlan+•era LeNn a.Gle bane.mry(NC V+L Mt b w. WI..rypdeo^wl indemnly,dare..and ham tarn k Leer agamsl arty and ad dAms a.Ia aculMg from a Lra[r a—,.p.rpinle an Lae W`ape^d...PUI e.vava Its casing,ma _q and brcadl of I-paag.ph of Iha Mwtage.T.,oblgegon to I.emwy and defe.shad wmve We ex.Mr,.np me PIp ..All aptly eaaeX' rro .or W e bf Ir 1n.uW wawa wIII armenl of We I.eb.dn.aa e.M.mlalaclwn of Ihia Atongape tear InWlfn is 4a rate C>and••f~Iha�NAI mn,Pw P.br eelm.0 art Pam A'LaaPer to CONSTRUCTION LOAN.Tile ImprovenanW ehetl be wmplel.no later Nan tlw malady daW of tla CrI aI nP[.'+•.re Ib i 0P a-Lrawe'v.a*•A Nob(or,ucn eanar dab..L....,may r.—..IY e.Udan a.Grenlor.pall pay n full all casts a. et Ica...I1pIaL cal 111 b pt Igk++A.aNP,i RI d[dpld b N bOreaa.v auq aA. can-n M.work Leer wnl dada,,.Ian Proceed,u.er a.h Urm,end N ✓aT✓N..P N pq>DII nAI Ifr.M,aPr1Py p�Aaaa W p.tp.a Nal.rrnP.IbIPf wroilnitwnsl es Leer mar dean re leery n sary la a IM1M•W re.t«.sled M W I•WoWtl ale belbo rp[tlE.,news p.1f.Y.a leC tra I.."Uan"a Pl.Now a 01!t+ MPdgape shed have pdodry over ell possible Iiea�Indutlilg Ilhou of malerml suPPlsa a.workman, ec payment whkh wIII.due and p.ymU el the NDIe.meWMry La.a,may a:Mre,amorp...,INN,IMI o sDurcerant repuena.suMon.by r.01.1:11a, Warranty;Def,e of TII. Tne hgowing p.AUP rela¢ng W owmrskp al Ma Property ere. ears.eHideWle,nerves of h,na,wnel MM,p,ogras repo,,end awn:mar do-na,n iron m Mn of Ike M:ngape: Labs may ICaWnably Iauen Tlde, Granbar w na Ihot la)Grants held,gad and makelabb Ii11e of record Io Its OU[ON SALE-COM!#IIf W WrOGII.L.rba mq.9 t.(aea t d[VA,d.C'A•a axtr.u'IJ/da.r! alT.a,lf in Ue.r.p�Par rP¢Yr•pl all Wefa ra ffoRaOafc.l pair ow mn.lq kllln n Pf%'P n sf[a.KW.d W Oa.ap)132epP IIP%.IIy Ira M r.lyb,r 1I UII U ,pmr W dnen P.1 T4A Properf%�d de,Tneen a n ae a.Lna d marry.Ilse spun.u F.u.•er PpT�•. m.wfL d a a+g past d Its]I+M P+.p.rp, Inbwle F Pr�.11 PaCPry. A'rob or Ia..-ad n lava bL rr¢aA.apCkd[.;Y.el in port Lon wIn tr.'u Npr{TeDf.ILl G•pfL'.n • P.f raea the ewry vts.0 r w Amp.1)art IIMr NM 11K P.wa..rr alaww4aa.a..w flaw—P.MPrmfyf Ip1w.r.Iwt(0 Pr elrv.r,leer f 1-4 w pfywr.ar[wr naEnler.w Ia,.asP3fry;.aEaAKfaf�910 k.L,[.fa I..a Varied fls'.el we.W-try.at p a.pwd a n Caww•Ors d"la•w Gad. .wPww Iaf...naxl w0.awa[L:oraiwy Im"—_aw..npq.rMen.rMf IrP glest.r sips I.W__w(srf wat a p iI,nasal care.b,r.I O-v.w.w aWel W.fl]i Yrr..Vaal.colon alert aAP I.a.!,:*,V .nLxlla'IIFffNrJtrP1IPLdM N.y.Ep Mar "/frs..tl Daa.tYy p.bl..Ge u tndr 4w ..Hw inn N elaeAp.Inv I"ba W rnp lawfruvw-g ere totla WY Wq..art NF an(eTwnetla6affa.•gwrp R.ni.wau Lnd�rrge^�^'+R�'.-•.ly C-xYr 715 or —.,Ipntl-Oboe nF a•W n t,Real Peppery 11 ayy Ganlm n.Capay.nl Pt+traat><e V Uale.Nltr'YAaPP[wly,Wnehf kMer wanes ell mime and rynW pursuant to eats Ww with rcepe«1:Ile lea hneby I,YO rdW..MI afµwalurp Pf ti w.q aMal ia•aL+r•Ly roar..,,division d W mmaW.wy rPwn na Wrwn.cat P a Pry MivO h wu w av•v IA•M.wa„arwepf l+on fi..N iwerd drat.G tap.W.--w . NrbbMf790 kevodnp atak,Pnaalnw abw .Irom-e(.I?h+S I.rt.W lraan'1p.L...ral bPla,nT fo..tlrragn Graf COFM1./ldri Waled 1UtrL.1zsrfly aWnM....try feu Car. enla 1L.Iw+r,dl..ey`al faAP vrr allm.va'I.w aaWwq d ar/a•Fe Art Lrtir ale+q lw.Flap.art M:n�f atl 1M flcsaaa nl Na1af u�awe..PrdcwO.ev Paean w s fry Ia.f YY. .nW.N II.F Pa,.d r.Iwp.c..aq ad w dew W w Mn.1•a•.T.cartels TAXES AND UENS,Tba fdloawng p—mlon,reWnry W the W+ and keen me Pr rry are pan of D.faa.al TIIU Suyed to Me.—Phan In In.paragraph above.G,ear wan"I.a.win IM1Ia Modgega' l:rcver defend the lido a Ina Prop—steal Ina I.—,I,—of.,arsons P.ym.n[ G.nWr anaU pay when due(end.an even.In'.Id dednpuentyl ell laxee,al.1 Full P.dormeaa. If Granby pay,aP Mo Indeblednaae,MCIUGng without linrft tkn all Wtua of Wae¢,ap.,.I Wxe....eee,menU.water rhea..ab sewer..mice G..,levied egdvat or an -Moo.when J.,and:IhIw U Far-r ell Ina .UMom.upon Ganlor u.ar 111. ewounl Iha ProFaly,and I,—pay when due ell dmm.for W.tlme on or Ica servo e•Ydpp.W_.ho 4•.na a Ohl..10 Oral .. I.¢elis.droa tY"non"arts or na od Wr E W Pe.wa,Gbi dry I aw—U.Or IND["pfa.f rig Prat v •Fa nav^.eP al N`U" on p1►ry V-"t.rvrwm oa U.evberea•J Law,CKunry na+••�:IMUN e..r a e:y d W Its a tamiV 0 6 W.ala Il.a LEAP.[.,mp kal Tien¢ :,,ahrri In Ira Rama aw—frw.e..l Pa " Gear wa aY.if arms.Ia..P.i.aLb law. sely.Pe•d to _In,,L_a feC.Y III,tra LPn k Yeai III amaruar lq not any ran M1,I minogon Wa a dalermined by Lender from gene to hme due and exmpl m.Ineanee provided In IFia Mwmnpe [aasu tl Oa>•aIL FiP"bf ea`M.sy•"'I OTM1.an.5.axl a[caw d ad". PR PEATY DAMAGE INSURANCE Tba fallovnng prmAsioa.WCng W I,udlg Ina Pr rly me.an antler Ihis Modape: d Wic M 'd .: Payment DII-IL Gallo,lads to make any payment when oue u,do,Me Indebtedness MaWUa,e of I,uamo. Grenlor anatl pros n M—.of f in e vela Don..,m DMer Pay.-.. Faku.el Grenlor wmmn Ih.lime rc ,u d by III.M.....Io .relearn extended cDveape..ors rIa on. apaa. rl bawl for We full tncureblp value make any aYnrent for knee or insuronm,or any a r peymenl.c rr to Pbfling or emw aW I.,m a.nls:n WaIPraaM M an amount eats ell la hdd IMAal:on of any w to¢Hatt da[narga.1.rY I wlrurance cku.e,a.....U.am modpa a.cleu..in by al Labe.G.....0.Pao learn.and w1rann ammehersha genet IabWity Uauanm in.-h wverage.moan.m lerdtt GRa.r t11fa.4 On-1 W m ppy wnh any dM1er term,otkgauon,wvenanl or-di., may apart WIN Lear bemg named as MnUWnal InWl.a In auto IiabHiy meurome PdWaa mblP.rdnpa.Lplppep a any of Ile ReWled DDcuments AIRI rally.Ganlor.ha11 mamlain wch other iauranm,UMIMU1g bun not IilmUtl to heard. Default In Favor of ThIM P-11,Shoum Grantor dalauln alert any ban,.vendor of oredll, bu.inecs inlefmpban and baUr m.Wance a.Lend.,may r ...P....nh..111.611-by 1-1, cony IlJreemerl,purcna,e«sales ag,mn,arL or any other aprmmenl In favor of any am, in,Merwe Pompenal and in e,o,form.e may ba rea.naby eccmM[Ie to Lender.GarlofU «edib,w w Ina! le I aNM an of Grantors arts may ma n.ry y .rope.a Glanlofa ebilM to Exhibit 16 to Petition Exhibit 16 to Petition E-FILED 2023 NOV 29 3:07 PM JOFNSON-CLERK OF DISTRICT COURT - - E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT ._ MORTGAGE - Loan No: _2314 (Continued( Page S MORTGAGE r�+t rYr eel stay serW: kl1 and IV an xa:l -231a om.—q L 1Rh'rayWs{:[191arq Execpaure (Continued) Peg.a r sitlita ,W[p(paa'nihar%end epplanal LLoa aid d lee FWFepe_to Me,ItAci ididnieq by LpyceleH Maas.ISlrrdar Wm will pay erpr mart reel!,n o01I s*.,Int qv aGms 9agaNed by repay the IMeblMI or Gn i.e.slubly to ofttm Gremlinod:gatam under Ihre Mortgage law. seemininsit or any re�M Eoamenl LaKV n'af. f�onbEefe rite i,hen river, l0 rM L eeperrod al redellon or Mai L1 -Oeem,rlmolven[y,TM,:isdunon of Grenbfa lregelmm.o'wnelher lecher to conan:x la made)any—m-vnfdmw,from the 11—d gaolbly mmp,ny,or any error temunoeon of Cede Setaan 62s.26.GI27.or 8IL820,W fvry:yrpor roaaa ca $Akan,m nosh nano n star Grenlos--nth as a going bunvsa.,.be Oboh of any member,Me iissol—y of Gran{a, be In.app—ble and pro,deE try law Gina appkimmenl of a Itcewa N any pen of G,anto(.G,.,dr.any assignment Ior In.aerwM Miecellenaous Prov elona.The following m:ace bneaus r 1 ante.,airy l,,.of—,,a,workout,or Ire mmmencmnanl of any p:—ina order any 9 pow ore are a pad of this Mortgage bankruploy—m—no,low.by or aganal Gramb, Gv.et n taw,fps l Oflgogo lI L w yh erIne tq fil.Ml Law altpIowa b Lender and,to the !.rash of Oma Aprremanl Any breach ne Id.,d uhin the term¢of any ether eg:ee nu, pg/N eel law F Mil pY 1This 4W,the la'ei of co CIdb at bwo 1rthe star, r,If tl to In b11 e g wain lut end LaMar Ihe1 is nor rome m g any airy•grace perrod provbe0 nu,., .eldFelf m law pm.glaleL TIaM 1Ura➢ava Rn Gee a¢crpNld by LenC[/In the State OI IOwe. inInior 1 without.1,aun any ngl new or later, l�g any,Ntlebleaness or doer gbl gallon of Choice of Vonun. If there is a lawsuit,Gwlw Lend,es re GrenMr to Lender whahar enstu9 new or laser_ agrees upon quest 10 subm(to Nit Evenla Axnlltry Y o GuanMar.An f orb prate p even y din la axon with reefed to an Current, jurisd¢Lon of ale toads of Johnson Cou nly,Slate of Iowa, of any al Ire Indmledness or any Gueranlbr mas or bewnes Incgmpetenl,orevo rkes a Tlmd Is or the Essence.Tmei rs of Me essence in the performance of this Mortgage. dlspules Ire worry,ot,or IMbifity under,am'Guaranty of pre I:Mebiek,une Us...of Rights of Dower,homestead and Distributive Share.Each of the undersigned hereby tight to Gore.If arty detour,other Nana default In paymenL le curable and If&InI01 has not eh,qu,has all rights of dower,homestead and d:it ibulwe share in and to the Properly and alai g:wn a no.e of a brnM or ass sera pnwsion of Nis M,dgdge wunin the prnemnp s all rights of exemption ae to any of the Properly. If a Gmntw Is clot an owner of me I We 0d)monM,rt may be cured if Gner.,after Lender ones w Ibm,n1.1.Grantor P GDen g demandeg cure of such d—ft la)c he difi—wuhln cne(1)day.;o,IN it IM cure y.that Grantor exa as this Mortgage far the sale purpose of repnquialong and waivir regmres mar Ihsn one(1)days'armed.rely ineems atop.wN.Land.,do.—In Lander! such rlgho, able n:screl:an 10 be suffdanl 10 car me default aM her. el tonne,aM completes al Oe0niti0n.. The}Olbvnn ssey steps airilmenl to pr.uce w+µante es scan R.nasanebry used in this Mortgage Unl,sawso,eitlfoal.shared to the contrary,ds and tomms shell a ll donene Me lnn..to dollar Mudkints moso—ono nee! g ly hell mean amounfa m lawful money of the United Slat,,of America.words and leans used in the Nlaee ghtsrod Ran,dies on D-. Uym me occurrence o1 an Ernl of Del lduft and el any time sangufer small mduds the plural,and the Dlurel ehatl indude the singular,as the context may require err,LaMar,at Lany I,fight,may medu—rd.e airy one y I ran gl Me lollOwkip rlphla aM Words and temp net otherwise defined In this M hall have the meanie melee,In ed0axm to any aline fight,or remetlwa Iwvdeg by tar lerma n Ire Unilarm Commercial Code Mortgage a gs attributed to eucn n A-1—Ind.a.dn.u. Lantler crab have en right or it,when,deer gluing ell required u e-s of defeuli and ener pa.-ul any prat¢paled,1.—theve IMetodn.c Borrower.The word"Borrower"m ns Allen Development LLC and induct u, it resigners and iatery due and payable Indua ng any prepayment-11,Iha!G:PnlanwouN be relu.d Ia agnmg Me No.and.11 th.1,successoa and...ign. to pay wund.1 notrce..—lit 11 may be 1411sily reoubed by is one law. Envlro menbil Lem. The words'Envavnrrenml Laws'man any eM all alale,lederol and UCC Remedle. Win rospect Ig all Or enY Den of Me Perso.PropMy,LaMar shall haw at reel stalutse.req,l,lions end eminences relating to me prolechon of human health or the red rghts eM nmeae.of a sa:.ted pen ands,Ina Uniform Cm,mercul CMd en, ncluding without rimtialidn the Comprehensive Environmenlel Respdn JM1del Fenuldeure.Lander may obtain a lwnalde..torecicsing Grerdel.Merril N of or Compensaum,r and Lrabddy Ad of 1980,es amended,42 U,S,C.Bad—9601.It¢eq any pert or Ire pmpady (-CERCLA"),the Supedund Amendments and Reaulharinhon Ad or 1986,Pup L No,99499 xon)udldal Forbid o..Ii.Lander may o-rose the nght Id rwnjud—I faaddru s in—ml 1. t"SARA"),me Haaadous MI...is Trenapalahon Act,49 U S C Sedion 1001,at self,me Iowa Code semen 654.18 and Christ,,6:esA a.now emdetl w nera.rar mod...a-- Resource Cons... to, and ov Recery ebon Ad,42 UI Se 6901,el¢no.,or other spial:eebls r npieced sbit,or federal laws,rules.or regulations adopted pursuant thereto Coe,R.medln Loner shall Mv,ell aa:cr rlghle erd remadln p•ovid,d in Nis Mortgage orEvent of Default.The word,'E...I of Defti mean any of the events of default eel forth in In.Nola or evdleale at Nw arm dqully This Mortgage In the events of default section of this Mortgage &In of Me I'llrorry, m.nM To Me anent per by appliceab few,GnnNr hereby wbi,aa any andGmntd,This word"Grehlor means All-Dave tWm ent LLC as gM to hie Me Properly navMlkd In nereung its nghlr ana remedies,LIa,shall be Tree 1,.ell ell or arty pad of Ina Pr,mdv togaher or seaki—I,in one sale or by eepaMle .ern Lendaahall De enlllled loop al onypubrc cola on ea or any potion of inn Praoiny 49 Guar The word a wen ,any guarenldr, ,rely,or d[[OmmOtlallon party of ar.F a p a M 1re.oreoe.ar Ehctlonofdy-an 1,&,n 1,le 1ii linpmd:ieany remedy shallnor peft pursuit i,any Gwmn . The ward"Goa I' s the I m GueraMor,to Lantler,includi Na remedy Man elation Ia mere aap.Mnuru,a to lake a ide tot e 1 an oblipnba: withaul hmildlron a r rof all or pad of the Note my ng of Grantor under Nla Morgage,,her Gnnlore hdore to pedmn,Mep not aflecl Lenee(s nphl guaranty p Io data.a defeult and.felon.its ramedi., Nothing antler hie Mongege or othem:ae snap Ilidmilounde, The word'Impreve—he"meao all exlsl:rg and future rmpovernenta, ewou of 0emua as Iany way to lone,or I.—I the rghus v ard aoltily or Laer to P—ad buildm9s, structures, motile homes affixed on the Real Property, facilities, additions, dhegty III Grartar andna egemsl any In,,—bar,guannlor,surely or and—andle, reple,I—ru.and anal—.1—on IN.Real Properly to proceed against any other ouUamml directly a lndundly secuang the IMeb!edhers Indebledood,The word'Indebtedneas'means all principal,interest and late fees and other Alemeya'Fee.;Eapenan.II Lander In.ulules any suit or eclloa N nduos any of the rime 11 amounts eoafe and expends N,I under the NOW or Related Dd..Monte,together with M mil Molgag..LIM,shad M enlnbtl lore sacra am e[Ire court may ad;udmi newais o1,eklana,ns of,modfy Ions of,comi.1tlations of.md subslllulrons for Ine Nate or ..—IW..adom nii.too al trw,nd upon any appeal MInar a not any court stun Is fklYte Df)ri—:.oM aef e-Aeunls eamenGC V—wed by LaMar to di scnaige Qehsttfeeh 'meta.,one I.Ire edam nor r-oded by law,as In..no..,,anae.Lentla:nufc Nat In �;awvle a..prows Mc%,nhvJ to amerce Grantor's L.M. Mn are nceaay el mry torn for Ma pn i,ch-of ue intoner c,Me enlourrieM %Lauder obligations antl!,Iles of Ile rmhh 1Mlt berme a an of the IMsaledns.payable.derv.and shall bear inleresl WRIIII e,L020 M wvin Oulu,yl 04 wiiIh annaiI as provwed In lh,Mortgage Speelf try, el the thole nee Imm Me dare of the expentlwre until repay End—covered by IN, Nllheut�m5�m,khoo Y S ndf9m"hall"advents set form in the Future Advance. Dengnph indede wimoW I—on.ow war subject to cry bmus under eppl:®Me law, Na'a�a n.!!for UnII e,,borer r µtna y.—V(her— LIM—int.—ye In.entl L—r',lepai axpemes wh.l a,or nor Inn re a IawswL Lender,The word"Lender means Hills Bank and Trust Company,its successors and aaalgns luting anrndye'one.entl.apeneea for GMruprry p—it,bra dNg exeds to modify Mortgage.The word"Mortgage"means this Mortgage between Grantor and Lender. Note. The word"Nola'1011e the promissory note dated Apnl 19,2022.In the original principal amount of$340.011 from Granlor to Lender,together wilh all renewals of. Exhibit 16 to Petition Exhibit 16 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT - - - E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT or! �"'• -"1 PROMISSORY NOTE mxlp.l lvM Osl. Wrley G+1:a Acta,rn: OR N _ ___ SeF7 .DO 07.1&•2Vi7 Pr-7WYV33 2]1>• im tAWADE _wLw.w.4.v4 �wLwLrw.wa+vwp-.e«..•eu[.r 61nw..w.ea an MORTGAGE � � x �•'��` �'� I...re.www (Contlnued) F.D.6 Bortowar: elopmanl LLc m. Lender: wlla MnLw 1-1Dwnwnr . va ea a+T. sebn c eatenslone at,modlfimbons of,refinanangs of,mnsohdalions of,ON substltuuons for the '`• - taco cly.u 622aA HaH A 25 10 Boa te0 promneory note or agreement The maturity data of this Mortgage Is April 19,2047- Iaalft.1-6T26 Per.ond Property. The wards"Personal Property'mean a11 egwprnenl,futures.and other anlGes of personal property now or hereafter ownM by Grantor,and now W hereafter eMch,d Princlpal Amount S447,400,00 Date of Note:July 20,2022 or affixed to the Real Property;tpgether wdh a0 a—thr ns pans,and additions to,all PROMISE TO PAY.Allm D—bpmenl LLC r-Bwm n promb.a to wY le HIM SMAS and Tmsl C.p.hy(-L hd%1 w prtlar,In bwrul-- replacemenls Of,and all substitutions for,any of such properly;and together with all proceeds of ur Unlld suro.orAm.dcA Me orlvlwl ampunl d FDur Hund,m Foray—Th....nn Fwr Hunare a oonoo Ge4n ISeAi.aoO.Dol or (including wilDOul bmilafion all insurance proceeds and rdurM6 01 premiums)Irom any sale or much u may x auI.— l4.`Zr wIM InbrYt w the unp.w-Iundlne pr.cuxl habnu a..cA.Mmu,ar—bid..tlncrW.d th p.-INTEREST CALCULATION are—D"wrcanph u.bv.n Inlaml reb r 4..60x per.....baaW m.ynr M]60 Nye Inbrc.t.r.tl x other disposition of the Property ukutabd tram in,de.a rash Ad--rawymenl of oath edvarru Th.Ira—nro mq ch.na..—the Imna end—a—d Ma Property.The word-Property'means collective the Real Pro d the Personal Property. -IHTfflE6T AFTER DEFgULT"..cNn. p•M pertY N Property an y. 'ILs[T•Yw..+. Pf swsuaw�II.L.r.yal nl pulMwwl.awAat W r.e[n adawe rear..d on Ap,s n,se21.IL furl rap n• The words"Reel Property'mean the reel property,interests and riphla,ee ev eH..ernaar+sty ryPssANe 4'rWMswv's.�la.Nw w..p.s.4 rtw le afti.s,eanteaby .wYYurnL..a further tles[npetl In Ihla Mort 1.1-It-d.Wanu ahRorwm ab—111 1-.-play ui+na.r mry aulaml�In-air�o.w��+Fw by rw..r.nrr gage, Related GOD....h- The words"Related DommanW mean at promLasory Iblea,Credit MA%IMUM INTEREST PATE.Um.,rb GcuMlancea will in.--I nle on fhb Nob.—ad leapt I.,any Iwxr Nlwh rate hewn agreements,loan agreements,—Inumenlal agreements,guaranties,Security agreements. xlwlu:,1.—of1.—wr...m wMa mp.mbnsh,iiti...ad by epp—mr mortgages,deeds of Dust,Security deeds,cousWral mortgages,and all other thalrumenls, ITRE6T CALCULATION METHOD. Irnl m al.Hero a eompw.d on+35WGO—;Ubl I.,by awyb.uu,huh,of M.Inlmal nu agraemenle and documents,whether now or hereafter existing,executed in odma n with the nr.Sep Ny4 multueRd by the bul.bndlry Wit Vul br.wa,muRipM by IN aclue numxr M Nye Ix p WMI bMAr..b Indebtedness W bnElnp All In.—p.Yabl.und.r.r.thole b wmpbad Mbe 1.method PREPAYMENT.aanowar t—pAAM.a[.r deu wm Ina and unr,pnpaW III—cha,pe..n vemed fully Y at the Sete of Ma Icon and,vM rwI x Rink. tm v -MO,kC ma.P.II pires+M and future Kama,revenu s,Income,issues, s.R.d u r.ay,d We.�My d.e,d r•+rsw.eW+ry a nFR dbla,rsL eEa+Ft as.ean�W nwse H Nn royafue,profits.and other Denefits dall,eR fiern Me Property lLpRrq.es.+e.,-= [rndk.er+fo-sWiava court.cow ut.rew A F'.Wtr`rvnArw. yai`b.aw wmM.YYhs"uU La+`«w �b w+x..,b1 W,t rrm,r '.ri..sar ifq-ra.riM+a.r n yw+^a•'�•+d•saes d, ,ysbnr w✓4 W a er>r'.y.N.eaa Syr rs2sNar.deert a•'9.y or tm,fdr^LPn..U,Ir T,d Irw,W DrraRf.�a:lsa.e GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE.AND r..1^V p�vvd OAed q INW H.d1A.n eanenuwn. r vweWM MweDT.1e.rFLv7 w eeaps trpa.a.+I••Ir2 GRANTOR AGREES TO ITS TERMS w-w—euL reurE are w.wrueA Lwalw."q.—I+,tsY a .ad✓+ewre V tw b Mea.•.d as b.exlud.e Y.—b'O++.rn n..t a n.Ya r-....w t¢h it—a.e f—C+er+ee.Atx Net.Gaw.LTI GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL Men Su.e1:PO aw 7e HIN,IA 622 OMER DOCUMENTS RELATING TO THIS DEBT. LATE CHARGE If a p.y rl I.30:Np w cocoa bb Borrm,er wR x—ge S.ODDY.of MS unp.M"MR.of 1N ng-y m .1" wym..L GRANTOR: INTEREST AFTER DEFAULT.Upon delclL ii-xi gHbhure to pay upon Mol meluM.Me Inbred nla on U,b thole cope x dlaaaed w e 000•b Per wmun I, don.Year of 06o.1. owauer,n rw ow wi0 Me nlercM lab er..d the--um mlerc.'rare Ima.lbna r.ppllcebb few ALLFJI D4YFLOPl1EM LLC DEFAULT.Esrn e:sv Ieae4mp M,mi l4y nnW alAar TErenl o1 D.—I-1.1 thole: BY: OMr•Do....aBo cow W.to camp.vn h•w to pMwmdue urger this No!e JruJ IA.1eYa el Ae.a n—lo"t LLC y plme rr.!M d—,xru of t.comp l,nM w w cerlorm n�W�ptrspsr4l eeurtu��aetway.aVasrC ro ono aortower i11YEAreN..IK TIa1R/anew LN.fe•r•v.yp arbr Yra.e.,v,e.rwbr•eerrsoYHwLf.NeT ai•a.avn PueA.uw WI[+i+•`•.rA Y rY e{rr.,grawar/.n L.b Or E.Y ee,r YKYe"K any.ran ray rnuvay..b0 a l d 8ena.fe a PrWanY w LIMITED LIABILITY COMPANY ACKNOWLEDGMENT °rt'°^'r'+•'''rd'Fer•+•yEl•rr wlx��pe..Yerr eeL*.w*eL rr.w Lw MLw a.lafwln.,b.Ya aan.r,Hm FWap dlwrnaW An� r�Ramlesb.val.l.sYY P..aesits_TW slrY.r h:Nn pan eo-srwV E a.Nad V1+ ^r. wb ..Eery.V KIX+E.gpre.+seR..Y(W d.a r;y Or w r.u., o•+.,rru naenb... lln 1L�i weir.[,)of wren v.1v+.pr Nsjas uweE+aAM ws+Eanl saelllb�Sr 1.edrrN ropsy�•r Mx+a NwrIwf STATE OF, ..Y-'-yyyA I wmubaduy ln.nl meleNl mpec4 either rmww al lM1e Yma maae or h,rmehad wCecome.bleo wmbb.eug el any hme ar-1.1 I 11 F SS 4arn..e. Terµ�iwr�vf tla�n�i,..�amw�a.�p.A Lw.+w�M sa ufm N ary r++aaa M rua�enp er eµrrean. COUNTY OF J OYlY1 SO y� F pa d a..anw rx I�rl ew � v.s Or Cue..a '•nr 4e.W owf�r er.a"L ^ e!vrMr r/rlern F.tew4Ap Daveq�n..H b.deel.K bfaa^.rw.wv.•,rsw•1'F-^'+'woaaw uM1NR This record was a6mowledge m d before e on Jam" I I 2D 7-Z by Je.a J hu rWEOE E��v .n✓e•F coos; r:w.wn.><aeng mv`"«aerwa+:�nP�"u+....xL'o:i.E" ors Allen.Member of Allen Developmentx e LLC. wya.....b Y e•v1 Mdh R1Ad4 of p,nD.a.ar sa Lr ralnq a.nrrreirrnq w ea.n re.Y.b+.a urn U raFeu.V ttrL.naA vrwse^R p4e AprowyaaslWrw.ron.dww NCEmw"+.ar brYdwa YsuaT.`C W yyasla.dn Lrw*..wa.V Ts ry c d Wrn.tr.da a M�n s aP n Y a•rYr tycoon d seww, r wn ear.w as WEE.yw a Yyyley pw,e n v„u y pL 6eaq a loco Allachm.rc m 11 e.ecwon or alMmmem a IE.Ied.a.nH Ina eorwler.I.m earn e.aC�ruon w+lle:a,mam Ia not w a.ce IFSSA SMN WADE —1 oueturyaE er ElaYed..,min lrp 1301 d.lw alter u.e..me a lathed cedN SUI At,rcmnWten.,rah— II 2oxS _ Chvna itOOP,.l,aEs fllyyarhor,A.. i m�IUIm+li]t EI 1pT-S I N'+^T E..^I cvr./vafa.'+.ar..6-'.r.`u'+!Yon e.ffe mbeva..Aaae.mopled MY CarMYlwe MPrrl 2 YwenL,t rTM 4tia w e.4r.a M Nae.TS+rHTN eLI1 iJ sY C.E.or•r E.m nnY,.prYe1 Y M.fYi w N h CMlalual n ss.d.a tiVae paaNS..tlJfMn.bpKpr.r E.en ti7 Venw Ylr YenM1puEr.CYW wNYyw. DOMuIr U-1 D—lMn D—IM.A defwa o¢ua under any other modg Nod of We a,bi mly.amen 1 w,enrq IS w MY pwlxm of we ColaleMl JuyPraA s..aelxy rnlw ey W uA.4 w er.�do d irnwr.w rse.a a A+e L.pyrra s>•Ya aynb�d d p.p,+rapd riarAa DO uvY.rlEwfOheWnNY1+iOr['iSI C.E1.vrs Hee+`ar n.tlY,�d.rz.NyxNf YaW wl+chV L—An.Vu.20.4 OAOS a&-Fi—"OSA C+imaKwt IBI37,'V2 AS Rgms R..an,Ld. .u pw.uanl w vmich aD�rl,ludunanl was anlercd C'I ASERPROWARLAND1CRILPL1G03 FC TR-117103 PRd2 eE.as AfAspy Dw O`i Any of Me ay+- yr.+E�,iY+a nrv.uaxcl M enlDwem,V enr+er+i+r r�••w,.wM e}mmrv.lrA*tN erry d Ina.�Jubd-.se Cr 1.1 G+Yv.%.la cot owr RarsOf.peon.,.YIVr.+r��""9H'r a�-•a.ynl,ar—.A.Or rE war[I a�n YADdM unde,..Tr pasty.W L"a va>iers. e.. Adv.ae CNnae-A malwbf.—Iw rhenPe awns w eortowe/a arow1W w,weon w larder III—the Pry al peymenl w Nnwmen.e of Iola Nola a unVebva f Cw h+.l.!na a .!�+'�•+rrR l�t+ eaa`iSjYhrn.�i rw av eeEa i Ammer r i•.s 4 Iwrb d E tOn %N..r Dr h Co^wro-m• wE vstw evµA• OOwvnw eefrnwa rrE lbu.r.n IiI eau u.r.v.l+.�annlw rrt.pry s. r+•`.4EAY..•�.aN,pa Mr,n.Lrer wsha a,Lwrn.asd—nu u[bvaerben ardlHwla —1E1=w:.•.J.sv LmEmNDedErRbv y ae—aa seSrn,a.rmpAe+n andda,mwwwnle mLxeaiam ws.eavbmel,nr—e-`pr.e.ldY p•1Ar-e1u...I s tit—aaE.artlw.f.hebv Np.bns.F mnor. hin NYreel L AnTOANLYf•eeL^a:uREHdn I+r`nu gal v.Y sr.ar..L�ew u rra[cLaL.r,++-N k 1pmErr�.a rd.aY ace-�.e wI I Exhibit 16 to Petition Exhibit 17 to Petition f r r• E-FILED 2023 NOV 29 3 07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT } PROMISSORY NOTE Loan No: 2317 (Continued) Paget ll 1 M by nwara nalr�b.rr rye.wuwr+and LI-Unore nbr aA.Iael rM[,ro+7 ear sure...An.agtN r w..�r ws.rA»v•+w�,,.•n.ten...arn,.�r....:+Is+F.e�.k.....wta s.vw.a.vi ulc.am.aanLa-awb . ir..r,;..��`y��r.as.,,l.ne.sp..a i� rNdaed Ty ran_ rr.,x.�oer•.n..,.rr,a.rex�n.b.,.anw, GOVERNANO LAW.Tlrl.We wan a awwn.d by bdx.I I—pFllra�b L.-I-L b ub aw pn.rnPu i by r 11. W I.„a ' - BK:6411 PG: 62 In.....r--r..r do re ppnnld.grw gpvlNa,b.T Ndp Irn y.en.ueq.tl N L.—MNe able r I- •. cpo10E of vENuE Ir uNN...iwsw egrcws.sore.LMan Lvrxre rao,.x to y,emn b Ina w" Mn x Ina rpdro of dehvon cL-ahoy ' Recorded:8/2/2022 at 9:18:23.0 AM ante m low, County Recording Fee:$32.00 Nrw Seto-..llne.n..•a.r,.,raa.we.n.w,...a•.r.r.n.wL.a.croe.,waa,...r„r,..a..n.ra.r,+,.... Iowa E•Fllln9 Fee:$3.00 nrrµ .r•w Lwr Fdw,.+,rr..or..w,..,r..w.a.«N.....rna,.a..rb...w rurwcw.weav,.n A, aeTorx »raw wuN'm p:.�.w e«mnlnnamlr+u*.ib rF,I-1-6 w AIW Combined Fee:$35.00 `rw.wn aapayRyw r1�r. •rrsr.pur.a o..e s.r. ++whru w+e.+a•.. venue as O�p..armaar,e,rq�we rqua,,q.n.•1,gar..l,Ir.poaa.w.aEp.4 o.b.urwrpaw sn.>r..-.,y.aa.raF, Kim Painter RECORDER COLIAIERAL earrnmr agr,glypaa NR Npb.—Nd py peal E,bl.MenaeI,—d ME—u,,LG 52 Comwdly wen Pon 2 fohmmn County,Iowa I]B21 Nin,v W ro Mrs,Irwe CrN,N 1239516 L:Nrr.,roE Guaar.:y W bd V1120t a or Jesse J Pien. u.ew nmrr.L*r r]w>r ww waso rRY r•,eere..rsr Hr.e.a..p..ud.any..•,R»yl ern... evr..F Ia.,w�rAe.�.Rath r....."'a r+m.w...r....m..ry anw.«a...d•a-W,r..N..Pr.F�w• . m.ry mash a>r w F.v-A:a raE-ell .ra u.m.w.wr M w u r.e r rM r u.c«r.d..,Ee. aa.war. ert.awa, ,x...n=,,n yv er,ewcsun nt u+..aw't,IIn MUMO..,,ry a..ery,.rl.l�y,n ti MS Mwx! WU6r Orr IWMa I.the A-6aoYr MrW a"'l,wl�.l.y ee•6lee.' .Mft. ,AM.yr Mr it a[hewwa rMn Ae U Yti LW wNarw�r W+wmnb t.w Na.arn rwua aM.wMN Mawr t+ yY.i-,Fb as4 a,l w a.lwr,ee?v.e. [�nerf p vy r>eeafaepwcr le..rsw umv. y..w •�•a wIr I.xr u-..vr as r.me+w er LrcwN..rw P.ev,rc.e•r,Lnxn..rm..�a.lu,.mq arr. FOR RECORDERS US E SE ONLY PWiPOSE OFLAeVNT epetlrgCRmRn pl bu Mena coe.pRu,n,mapprome.r Lm sz eRmm„aya p.nz Prepared By:Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hills,IA .NANCWL eTATEOENfa.Ba11 p 11Io ttprde LerMx vnm:sn,I.+."cut nelemenb,+,finer reNlea nlprnblen.I sum henuenOn .rid.HCN e.rr e.L,npq..r�...onwr reR,.n. H 62235,(BOD)445-6726 WFORTANT-READ III 13110 AE p CNTa RnpWp AV�CC I@TRR$DF MIRDAPEEN-ONLY @Y AMLfiEWrrllEHAG EN ADDRESS TAX STATEMENT: suecEssaR ime-tils- Tne earn I end.dal eononer,na,.mgpnel rmraeewmeF Allen Development LLC,PO Box 3474,Iowa City,IA 52244 , pqy+. nwe la lro Mruia pl Lander ne ANMrbsnn ana,uqw "I"I Ol'oe w ui N..OILWLnOk lye AtADAF TO!rtL ReR fflP1 tarD+aGKY1.ay,e.er ny wPrl Svb•rt.a en F.vqu rn.VCiYm.Yrrnabr•ashes exe.�le EveaHv bl r awrtaT rgan'.�pmZ oaraar.wr�wn rav psa R.y w µ<�n w ti Len.�vuc aroma.kNr.aew.s axru I.n Rx,a..tma[aw.nr•1p,w,n sxrs.s u.o.T.I sLAn RECORDATION REQUESTED BY: CNAWie TO eENEf0.lAL PLNFR rTe lu.M.0 smr►p.erN r.pe.a,W FAwnW n.E.kr rrKWe MbI,Iwlk In.II nw.prnwa Hills Bank and Trust Company,South Gilbert,131 Main Street,PO Boa 160,Hills,IA 52235 Re ear.H.r Tru.r A.aerl'eeueW.ne up t.we 1Www navep N Mualsl LnnFla rs r.wFllrAa,r I IUMq nNawkeaa WI,f.E n.pom Fy re rrny w.e.n..M-1.epy a b.Ana..X u.r„ewwl.e Ve.a.e. OeNtRYL RfYnaeOln N e w.,T. aMf[w.r ..n�r.0 pwe Aer r,-,n„tir wNr H.w, WHEN RECORDED MAIL TO; k r�nr.ar era N.wn�W IT.wr� i+u�°`narw�a.w'Rlwn erwa+ix��w�.ra w•e...w..r..er... Hills Bank and Trust Company,Attn:Construction Dept., 131 Main Street, Hit le,IA 62236 Has,R�ry rYYww:t Ma:mr,.ar.er.i:.!qY yrvw�velirdhr ubYeeea.H ay.n..r. mlwr Me>Nw v�,YPe Ne.su�Ery^w,•r>w vra�+e..*Na.mI ek•.ea nrw,py.F.xyle[yaw•.eeprrp wrN nay w.Il.r•Er,ra w MORTGAGE wra�n envy InaR TO SIONING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVLSIONS OF THIS NOTE 00RROViEq AGREES TO THE TFpMI OF THE NOTE HOTICE:This Morf2bao secures credit In the amount or$666,000.00, Loans and advances up to this aor—ER ACODAlSor E9 RECEIPT OF A COMPLETED COPY OF THLS PROMISSORY NOTE AND ALL OTHER DO-NIENT3 F—Te'a TO amount,together with Interest,are senior to Indebtedness to other creditors under subsequently THIS cost. retntded or flied modgapae and liens, nalepF.se The nIHDn of all Grantors{Imrnotinles-Gronlee)w be found 0n papa 1 of this Mannagn.The names of all ptanteas{mmvlimos•LOTAt e}can Ito Found on page 1 of lilts Mortgage. 7he prop sty address AsJu Iar4u) Nocr t>:- can be lould an papa 1 Of tills MM91pa. TM legal deserlp6on can be found on page 1 of this Mortgage.Tile pon et 1denW6catlon n trattO Can be ll L it on plea 1 of this Mortgag4 sq �^�^ THM MORTGAGE dated JOIy 26,2022,is Trade and uucuted between Alien Development LLC JAHWpd 10 be"ae-0milar)and Hills Bank end Trust Company,whose address Is 131 Mal.Street, PO Goa 160.Flom.IA 6=6 lfefaned to below 0%"Lendaf'}, -••-„,,,.Y.,_,...a,�_.���'�-� - -- - 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,line,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 limilelion all minerals,oil,gas,geothermal and similar matters,(the"Real Property")located In Johnson County,State of Iowa: Lot 52,Community View-Pert Two,Iowa City,Johnson County,Iowa,according to the plat thereof recorded In Book 65,Pape 115,Plat Records at Johnson County,Iowa, The Real Property or Its address Is commonly known as 3921 Wlmaboro Drive,Iowa City,IA 52245. The Real Property parcel Identification number Is 0918258001. FIITIIRF antra Nr.FS In RdHilinn In th,Nnte Ili.MI,H—F—rr—all f.0—aq,,n.... f,by Exhibit 17 to Petition Exhibit 18 to Petition 3 I ( h 1 E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT y - E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT 41 MORTGAGE Loan No: -2317 (Continued) Pate 2 POSSFSSIOM A 11 laulAHCE Of F.E PROPERLY.Gradly yr..T dsTn[em11Wa RParsa"W uw W aaa PfvuM PIO 01 9ew110 u daa caunam w Ina edaavnaTeel]eersaw,lPa"ar4¢were d Vr'aMs ropmanred 0'!W MdMde4+aaa HLP a tied 1v aneurr laf y vraaacaa as maceer vwJ Id 5,aor• =paaPaPe n OMae b bNa LLG ww 631 l],Ty1+p Ha.av/Wr0 n tlaA'aM1 n lore[:eve 5pJ-Sail M p 1T52 t 11.p I7'!PNRVTI Nwa mr as eprsJMrM aragaa aadMa.4ngr.A Cvn Se:O.a SyQA t(t1. ay.u,,INn end U.e UnNI Um--nce of an Event of DelauN,Grantor may I) r main In Wawaw, w wnt,ol,f the Pmpedy:(2)use,,p du,or manage me Pmpady:and(3)rolled w,ILe,a,prom nn wwanr. FOA RFCOROEIWA ONLY Duty IP Maintain.GanIPr,h,l=Inul n Ma Pmpadl'In 11"nu we wndili—and em-PHY Padnm PMWnd By.JeH Aunan,HIIW Bank end Tmal Company,l]1 Maln 9#ael,PO Bea 160,Hm.,IA a0 repa:m,repWcernanW,and maintenance necessary to Preserve Hs value 5=35.I8001"S-5726 r4usmaa SPeaWaavl C a.pawara am wartamm HW ma final—Aam HM an ne,w��d b bnF H aln ePeHyapr iMllAaa•iM e4 0rt Pmpaary•Intl w ew 9nMv9en, AODRE86 TAX STATEMENT,. mx+Nve'+.rs,tylipa,va.naN,eadPaL neLAa. OveAM0lad rel.xa et Mry wax4aa All,,OeAX ST TE_LC,PO Boa]ATA,bun Cary,IA S234a Nallssua w rpaean V _:: 1w+1 dn~-2Wue1 I.~are ea MnMe 4 Yw INapany m mY.oval,•a.anarna arL•Wb as La,_piny pwP wrawda le erslr : or Pnpief wwh—aae:ee of ft stopgaps 13—.eavr 0+ 'edeaa.a see nM.a n+r ruWHP mY..A?.w urea w nla"'I'll I,-- =r RECORDATION REQUESTED BY: Gftaw¢amen W!W'hey*.eVaf[Data peyap..m kav,Ian.nal p1 Aplepa b Hlta Bea and Tmn Company,...,Gllbed,131 Main B..l,PO Boa 16D,He.,IA 5=5 nderaMf-varan ,.er laa]eaaY,riAia NsaM w rx et i as a+P YUea 1arta11y pains ONe'i Caul PNugMph wpa Mertpsp,L yhe pny¢'Ni m:lde+mMrf tr.4 where stye a.M.a+k WHEN RECORDED MALL TO: P'Trarad>ti aaplMgnuaHSN d1011s1aA NPea rAelv.gA NNW W0 and Tma1 Company,Aon:Co ft1Uoa GepL,131 Maln SlraaL HID.,1A 5.36 CONSTRUCTION LOA1L Ina IreamnaemanDl NM N 1d 1pva ra,W d'.I Ma_Wuy 4Ma of Ll. Nk W(Ar aYla AA1r Alba w L.edar rAq'A.aeaatTp.sasLeN rd IMatlM Vas PrI N kA AD cae.Ara .s++a.. aLa•aaeaen xw1 WI Fall. Larwar,ea 1 l�Taa u'a f.+«ht vow —xmo nn w+d«e.n L.rgN rear¢earn naaw.p.T awGAry b laup m me Irarw aeA1N M ern MORTGAGE n MOgyviv Lam IJs p'WO NOTICE:ThW Morni1q. euras drd In as amout of S565,00.00.Lwn.M.dsaaup Ia Ina L=da�na—Ae panr Wtl4u Bfft•+1Lb.•ss�aa+rdwarpl m rr^eocn at o+Hnvwa KNeiVPhlp Tw"a^rWd MOncc awr m wLvadML kaR'nL n ounl,mBMher wIIM1 I.W.1,.r snipe to IndebWdneu to Whoa o-I—uMar subsepuentlY Land,,may maw,mbly mmuesl _real or 010 modpayea and Ilau. ODE OIf 1A1P.w1iLEl42 61'LEwPdI.La•-a+'mpy.vl lwslrls aW. n*4 raaTspaV dcs eta 1Pa nfa'as area Tiaxpaa 11rr•An.Tst"tiap✓/y u!.M 1Pa16 ed psi 5 el v,a Mpnpaw Tae safes pry dbly er same aap..e vy!n t,AIM1p]pa PtM ah.Asa v aamlw.weYaNt uddan pox wiCan a a r adrsPnan lmxerp ela+b.InvC w¢air+Nees LNrgvae TM pevnq aeCreas pua[p+t,0.al n-1 on al Pia Rasa Wpeae[Y.vl am inN:na•+0ea Rw pft lV. A ItA p can v ku,rc va.tea I w IM raamaGa. Th',•ag11 eaaeoeon ear,W apse M p.q 1 d INa banaWa•mer.1 a+s na•cTrrrA w IaW Petard,a wy mr,l"pre ea eewan m Mr IEW P-vaend. aa.awf .,.Pan.a.axnPuuw na,m,ar a.,-w aa.a3 al Aapa 1 a n.arayg.v. ,mama`W.M.b oil a. by we•,tna ara.sees THIS MORTGAGE pealed Jida 710.]07],%Made set aaNuirt Itl Alum PS-WPnaa a LLC M.Jyj 1aa zeean vecl,w n cen+ece r.-r,IraM In"rM,1 VavP+nNMpxN (oWand 1.Mow •Gam7 6a. v 7—Canaan,lap.Maa.W d71 daY Swl UeS vel 4]asp 11e A.IlgpWy,1,0 w W . e dror.ap.lan POBa180,MIIW,A e22]6Dha.eabelwAaancarT. Ira+C_# a rrur rIdnaaua1i a A rdavelel.paNwalaP or Inved IaWrmmw+Y vaaWpr GRAM OF MORTGAGE. For v luable....ld.W.,Gmnmr mortgage.eM ronveye Io Lendar.N dae aadLdw arq r.apNeuea6 at N syx aw una6Nr W ayrw Qaake p wMhalrl peas b L_.lewHf semi[n at a+LeeKen uwa,,nla.Aad wWaa+a n aM to Irw mfaa allYnaed�16a l e'w uLNdar.AL fpi.eaa Cr,afr oivasC M xw fN value slag .[Buse]mY pvpaTry,Rgelhp..ua P eeamrp n a.hpb Fk,—t.J p aaAavd 01ald-jrk rvAp.arwW#11vtlm11 dNTa aea'c.1.NyePe#4 Lr kb.p leewllbwlAn ,r.IN.ra 6agYati rinds Ia wa.�.1 auuuann x rye.er-,sad.Pp.nw+ k rMw h nal,Yu1eNNrae..M omn repo.Oadueny avaR D w—arlm dvve er speech TAXES AND LENS.The lollowin0 MviPons relating to IYs lazes and fled,on In,Prop"am part of egnn]:1p M sMr PwhW"WA_aM Pruitt rMadl]b Na M.•Mewrly- •fq wvk1A[ Iris Monpago: a-n+Ata.a crar.wriw aeL 9K 9a�`�r�eaC rar.W mataa,i� 'aop.laf•7 axatr4 i.laiInIe, P"—L Manml Val pH aM M fb'd 0/a.n%a ta+x m YPNVI,Mp)III=.PRO County,SWW of bwa: aaaw.".,Of uses.wlefama -W d+pea aM—,.wen 0agea Wea]epalnad p an Lot 52,Canununlry VI.W-Pad Two,Iowa Clh,Johnson CPunry,Iowa,..cording IP Aa put avaaeA`e dr.P Wdy.Aaa V a M a+en eue al alAav hr r 16 ease ae d Mf fenwl Inermr reseeded In Boob 66,Pape 115,P.P—M.of J.hmm.County,Iowa. lls or eadard Aaims v a1M PIWFly.G.Afapr.0 waTAAa In.pun arnl YRb Or A1yrLw The R.al Properly or IW Md...la commonly luumm..3821 Wlnn.baro On,.,low.City,A 52245. lu d paeAry arse of agala'n tla.ilYYew of ladle ands w W'lPapa.eaa,,va w ahelr Awe Tha Red Pmpady prcel ManURpsllon number I.OB1B26B001. rpxi:.ay llaMrO Al n MI>taq vy Lwlw.aT4 Oivlp idr w rah m lose am a/Mlaa� feel due and evropl as.IM1enaiae pmvitletl In IM1ia Modgege firium RavANUIL W aOP,leaa O PM pane,.4 Nampa"aacataa 9 iuida a—me]s by PROPERTY DAMAGE INSURANCE,Tha lollowinp prmisions relevnp Ip Insuring Ina Propedy ere a pad Lw4+e aerp]a wL�rl x me an.edresaN..new .se..arN m.mtnaml.wy spl y..1tY" vaP!0se bmdavnn 1Hy MeelBp.xaesf,n adgsOA m pea al.W"apleMd a1 w Mania.N A/Irs or Into M.ngage: Aral.laYA iAearr ai M vAuradn AMyaaM mCwwrbr,Ldavrar W A1.4-0 bla[aeal apeakn.bin Lfa#uaaaarra w beams¢ LLa t,YM Paeva.H Ier.lrl W tI U rw a+vamw erne awel almak—Neva__m pa.%"_e 'w Tun"a Manaam"-vusS.00000- awdsi aawreed wxrapr.n.pw+wN r»a neazrwa bed+w—evu uu"rAua aapw THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE [an nj.'mpnanxw a Db RW erepw7°'a'a I aOk"Or aria.(l—an G Z RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE(AI PAYMENT OF THE INDEBTEDNESS ven_ve a u..am YMh.sben]rS e v q.Gam"f—v C1Mer. Crpnb and ANO AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS f<an✓v arU+eu.nat vrazManawlr peers:et+Ny rnl+area Mtvl,edrm.tevmmaeri lrVer MORTGAGE 19 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: n.ry passel wb'"—bag a-.w p Wdlunat mules¢a auc1 Iah+•-y ntvAnu 9.Isea Aeo-_.e/.0M 1N1—an wall'Arw ass,rmr[a.lamer]1wt aW reeled ae FvaM, PAYMENT AND PERFORMANCE.Escepl a5 otherwise pm,e,d In Ins Modgage,GmnW¢lad pay to Gt-�4aL nWaIN:Wn as1 Oar nY,rudA x lawfv arsy r�R.Pa•aa Nat d la.dbea by]uC Lerder ae emounW.¢cured by mW Mongage as Ihey OemnN due and shal smelly Perform ae It MVAKa 0anr.]+n a+t n aWi norm.1 my p nawvXl aCeAPaalAr n 1ardN C,v^tx✓m CGmnmra obLgphns under NW MMlgege Exhibit 18 to Petition Exhibit 18 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT In t".!1 t p e �i. i'+.i, ?3 '_�.�. ;,;i .3 MORTGAGE - Lwnhml"^""zatt MORTGAGE (Conllnued) Paged Lem No:�-�21tT (continued) Pape 6 deliver to Lend.,omin.les or cavmage Irom each insurer wmi a otip I".Ihm c 'No erpey Ele xa.XleaR¢rp G.aNprt ggX�,W OWN—.Era•CYrlgbw•mna usgfr asM1 Nagpe will not be can.11ad or durri b vnthoul a mmtmum of fen f10)emm'oiler wTlHen notice sory Ipawa Oecvn+enl Lih—and het wnlamng any d sdavner of the m¢u ors IlabgiV for failure 1.give such di Each Iwumnce policy also ehea include an--III provbmc-he,—mat.In favor o1 Lender O..Ih or Iwolvrnry Tb essotullon of Gmnlors trepmtless of whether ekdlon b wnlInue s will not he hrmired in any my by airy act,omission or defouh of Grantor or any other person mad,),any member WtWr,a from Ire limited nobody compmy.or any other Immmeton of 5h.ub Me Real Propertyho b bled In an area decignatetl by the Adminubalor of Me Federal Gmnlor eHlotenes ac a gi buslwss or the death of any member,We auchar of Granter, Enm,m y Manegamenl Aganq as a special hood—ad m®,Gmnlor agree 10 ohsm end Me Gmehlmanl of a r—,far my pad of Granlora papedy.any assfgnment for Me hemM maiih m nab Insurance,11 avMoble,far Me hill mould principal habrwe of the ban and any prier of aedlurs.any type of crosm,worboul,or Me coven—mend of any proceeMng under any Ilene an Me mAy—u mg om ban,up to Ma me:umum policy limits eel under the Nothmal henhruplcy ar—tvanq laws by or against G—ter. Flood Iwuren.Program,or as oMmv—mquimd by Lender,and to Iminlaln¢uoh hidena for Beach of Olhm Agnem.nL Airy broarh by Grenlm under Mm farms of any other apreemmnl lot term of Me ben Flood insurance may be purchased unar Me National Flood Ineuroo. between Gbnlot and Londe'Mal Is not rammild within any gm.mdotl movbad Merem, Program,from private Insurers provWhg'private flood Insurance'as embroil by uptbalm federal flood msumooe statuses and regulators,or from ermlhm ne-Ins Iona ph,vmar that 1¢boot MNWIng without Imitation airy ag now later tit any IntlebMtlrnas or other abggalbn of capmhk Ip Lends In Its sob tllsdeUon end permifled by apperabk federal Good insurance Grantor to lender,whether axlsling now or later stetulae ar4..q.altM#. Evens Ad felt Guannlor.Any of the precedeu evens c-um An respevl to any Gm nor of airy,of the Indebbdneas or any Guarantor dies m beames Inoompelenl or revohee or Lmd.y.Eap.ndXuret. If any adbn or pmceetling s.mmerrtM Met would metonelly aRecl disputes Ihm valdtly of,or liability ender,any GuaanN of the IrdeGedness Lentleh Inf In Me Pmpeny or If G mn ant lor lade Ip comply wIih,ny prowon of this Mortgage or any Relate l G mvo W,in WdiN but not Ifmned Ip Gonlvfs Iatl4ro b olrharye or pay when due Right to Cure.II any default,other Man a default In paymenS Is wrabfe and it Grantor has not any amaunls Grantor is mquired to dsMarge or pay under this lAartgage pr any Related been given a nobm of a breech of Me same p ovntph of IN,Mod Oocumens,Under on Granlah behalf Melva 1 gage WIMIn the pre.d'mg may flout shag not W mtlgaled lot the.try action Mal (�)months,Il may be wretl it Grenlw,after Lando,serum written nobca to Grantor Lender deems appropriate on Me P,ohIry antl paytp all—for inembp,mslntordi antl Ikvneblrg wre of such dmfi(e)was Me mm,ft within no(1)days;or Ito)if Me cure pmsevvina Mx Prbwdy An...h exahonme,inwned or peld vy Lender far such purposes will req—mine Man one(1)days,Immedlalaty Imtems sops winch Lender deems In Lenders Ihen beer mlereml at Me rate rimmed unher be Nom from Me dale In mhvdl or pmtl by Lander to o'e e m etw Iv be..Mdenl to cure the dmNi and Moroi contnues and—plems an the tlam of spaymenl by Gmnlor.All such e.pmome will hecmre a pan of Iha Indoetedwss and, sonablo and ir—iaary oboe s,Mclent td mmuoo whomn.se soon as reasonmbly et Lmi option,will(1)by p,Afe on demand;(2)be Mood to Me boon.of Me Note and dnL'/�L w appeNaned among and be payable wiM any Installment paymnta to b,mm dim dm,ng sum, ris (a)the term of any eppAwb1s msuh—pohry;or(b)Me romaming term of Me Nate;or(0)be theme end enmaaer Le default Upon y o ream my o1 an Event of Oe fell and l any U and healed as a baneen payment which will be due and payable It Me Notes hri mini nMar, rid ill el antl other opigh,may exerorsm any one or mole of Ina hoaxing rights antl t medlec,th atltldloo to any other rtghls or mm.aies provbM by Inw Warranty;Defense d1 Tills, The Ialloving provi¢ions relmi to ownership of Me Property am a e aa.Ml.IMN.1se . Lwv[e Mae film fN flgru M Ha oplim.after pymg it dgmretl pan of this Mortgage: nabee.of sr"era m.r pnfap ear"yen voMs,to,fc Dare Me enIm Indebtemem, Title, Grantor wa I,that (a)Gmnlor holds goad and xabasble bite of record to the ewrs6Ysy oar Ins aedrek•inst.aq art/pmpprmen ceaadr Mal f}msi.•duu be ngmnd Property In fee free free and Gear of an Ilene aria moms en—other Man Me,m at forth In le toy v t npyh-a•esdl ea MH auvad y.--I,m e,idebubW L-. Me Reel Property EBacnpllon or In any Has Inourehw policy,title report,or final acid opinion UCC Remedfec.Win respect to at or my pan of the Personal Propety,LaMar met have a0 lowed In favor of,ano accepted by,Lender h oannedmh it,this MorlOage,(b)Grantor has In,rights ab:amatlies of a secured party untler the Uniform C--dermal Cade. Me NO right,power,end-Mmiy to o—ono dsllver this Mortgage b Lmi eM(0 the Yens grenled hereby are.1 the type of Xm relened Ip In Chapter 6 7 5 of Ire Iowa Code Judlcsl Foneloeun.Lender may oblmm a ludblal decree knioesmg Grantors interest in ad am m Suppl ire.as now mai or hereafter m am MMed. m—or mpooed Grantor.for Wif I any pan of Me Property Mid as pmmora coiming by,Ihrough or under Grantor,iii shot it drama no ten or right to a Han)udblal Foreclmun. Lender may...ni.Me tight to nonjud'elal foreclosure our...nl Ip am of Me ryPo.ntomplmed by Chaplar 5T5 m any other chapin o1 Me Cade of Iowa antl Iowa Code 6edbn 654 16 end Chapter 655A as ndx a mom or hemaan modived,ameMeo se".then M anex aria epTrt Mluasu,any fe_rXA ne;art to.w ilea rMey r rcPmatl ragas,era r.el....aa one walrara Msr e a[n..o.nary.mood le de to ilia aglf.n 10 Oron R.nrdl.a ohtla�, WMr.etellrlr•dgnM.ve fora rrllhy Leann rpm.hy pia duhag.riot r,vxwaq mr•w:rA.amaaa e[fwvn Iaryf ��ails remrw[p+vw.s m sus IAryeTtpa W nayrrw<reunryT of a pop Ma ar.1 i,d of...der ar t.Iy saw de�iy[de Inw.wy muTq wyessn of Me.pat.0.yo1 rW law:o Fri tens queer ylruad, Sete of the Property.To the event parmived by eppi law,Gan or hereto d y waives any an Delenee of TIUM film to to the exception 1n IM ahe wful ea abwa Grantor waranls eb wdl ag right a nave tot y"'o menhalled.In axe-,o nc exam antl remedies,Leber rhea be I—tlefeb Me toe to Me Property.gabcl the lawful Geim:of a0 panooc bee to son cep m airy part of Me Pmpeny topemer or sepereley.M aw sas m by eepem s Lender cMll he anpHdd to bu al any pubic Sala on cep ar any potion of the Property. FUH Padwmrnw If Grantor pays as Me0t Indebtedness,oduon. np without Grantor etl future IIke4¢effawwMa CYewt eytmpr mpwfpe�r. silos,xr.ArN qed q ativan.s,when due,and othetwl.e penormc aN Me oNigatrons bnWnd upon Gamer under Ihic Inter W IHgdy.yr.aner.uv1 eawfAr ab gwrr ro rra�er a rrber......_.en a M LMnpppr mntl etl.III .ad n awed so, m...e:rwrwawrr tR w ls.a a:[m m Antlbtla w gpyAbM ihN rfNofstom(d ramadtaan W afw Xda"BP9 seahtyery p sit,a,•6aate]sNgada recurAy If Wax.dote[try l6tod a tea G—Rsi bM.be polo m,etM riot Oil LWN1 i vile"in Me RrXs ale rr tlMrta.l PfbPr..y. Gmlw W W,.4 Persea—"Wrrr.nr Iaw, to aee...delmX.0...n—a emrs.[a Itemea¢raea.r..mod".mlr.ewl.ow w le>.rable t.nrnabdn Ira sa'anana0 q Lextler hem tine d bdi Ca ewrmwd ep x ea k•rl or n."o fft rgler ax romdaoi afafxaa m Lather IaHo won Caem bl tkleed,vx n.ss suety to Y,mv M fe.fnp Ire rgnn win.l st twaer Ip d.Vdsrd Evans ol GMwH Ease of gm lollowing,al lenders option,shatl wnsnlule en Event of Di0-M agent[Graesb.seisms eard[l w¢y.,w bbsa..y.gfafmml.W"a ihnd—aneei untler Ink Mongepe: m avail apai•r:.ner Bate.eeswdal a.eexy ar warty..cLarg this lrsdpbbpd¢r Payment o11tu1L Grantor ses Io make any Peymeri when duo under the IMebledress Afa""W F."s}/w.w It t.µtt inr'.W ry rLc daeaenmeeWea eyq ry mmq of 0rli"en alser Npanus If: q Ons—within Me One ngwred by this Menage I. na Iss )e.l*W"he e1:eW b stover r.eA sun?/re iii"era,a= .Fr fry fa liners W L v.s a nturae[..or any other payment massary to prevent filing of Has.rddke-dlv�a'lgsr w eW,>M open�+/a—. Mgar.r.-1" url ecWa a m atttrd 6.9-0ldary tin naWa.d antl b>rb fabvnei veltWee of law.aX r..ga¢epb.wnaea lw+der mefn oral In Lan me.opinion ale he.ssary at any lima for Me pobdbn of Is inleresI er Me mfomamehl Olhar D.I.uIL Grantor falls b comply wllh any other term,.Mgmlbn cavananl or abllron of its rights shall barome a pan al the Irmbledho.payable on demand me shell bear Inls— conlalnad in Mm Mortgage hit M my.1 Me RWtod Gocumenb. al am hole rob from Me date of the.xpaMeure-.1 rehab EVWnns covered by lhs Oesun In Fiver of This PmM, Should Gmnlor default under any ban,eversion of uMd, WregmPh Include,wIi Ilmllallm,however e.b)ed to any Ibis under epplli Iaw, security egrwmenL Wrcnwe or sales aBreemenl or any omerapreemm�l in favor of any Omer Lenders allmneys'fees ab Lenders legal expenses,whether or net Mme b a Iami vemor or harmer Thal may ram mlry ailed any o1 Grantors propeny or Grantors ability b I—iihne ad.—a.fees and.-no-far hanaruptry to—aedmgs(including m.-Id modify Exhibit 18 to Petition Exhibit 18 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT j E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Lentil_-2317 (Continued) Page 8 Loan No: 2317 (Conllnued) Page 6 11 e 4"auiorowe stay Or niunabny,appeals,W4 am WOCIPIM pool-Iwgmbm - extensions of,modifications of,refinancings of,censolidshons of.and substitutions for the cyrseimrl full Ina c011 0l amislllnp acerds,Orsainutp el tepana jl^clu0as9 Ilm-ch wo a pamlesory note or agalummi The maturity data of this Mortgage Is July 28,2047. toxna!•m>rw of sports,and awalaf less one uga.nwalw.m tit.mra.tl Parrs ttea sf' applcWk Liv Orl Yes will PRY oaf cows call in ddamoth ell at 1l,'hsr lunre;eovNe t by r full Irceloperty. Tins Pagel n -menal Propafpr muss sa Or,a etq.lhasheo araT cho r, law arMaaa N pM Ina,t IMP p rrx et 011u of ewneE sY ftWor,ae u rCw and Exeoeef soli" a aMaa4 h7 in!Rase oyperp•:1pgliner wrth sl aCCOsllaell patq W odPGOx 9p.sl Shaztill Redlmpllsa.Grantor hereby agrees 0w1,W Res evYM of rprellEMM of this Mortgage, fopucaelaas ol,lid la ll�sulYaOPa tor,arty of loch property;aOa"mai out,is ptoell la er My,at Lknii sale option.elect to reEYp CM COW of IedemW�Grt pwsWW Ed.Iowa (y�dev3 I om,hmCaMtl ae WL+ire CroQod/ehd rWnm e!;tenant(from any wile or Cade Section.62625,62B 27,or 628.28,or al ollrr loos Bade S4cLOn,1a such Gina is may other deposition of the Properly. be then applicable and provided by law Property.The wortl"Property"means colleclrvety the Real Property and the Personal Property Mlecellaneous Provisions.The following Mscellaneous provisions are a part of this Mortgage: Real Property. The words"Real Property"mean the real progeny,interests and rights.as Gavlfdd0 Laws This Menial wtl Of frontal 0y head law appRao4 W LIaNr and,to the further described in this Mortgage a1111Ir 11p1 poslaylee by IaCeral Ise.Iha lawn W rM Il of lava without Mgard to Its caeruatl OL A*pter-la ul This shealf gs nss twos atimp ad by landat le Ilea Stags of Iowa. agreement nt,for Documents. The words"Related Documents"mean all promissory notes,cretllt agreements,ben agrparnaf0l-anslrprmenlY eglePmanf.Oualarlurd,aspuArT apednsnls, Choice of Venue. If there Is a lawsuit.Carl agrees upon Lenders request to submit to the mortgages,dies!41 troll,MOU1 y teuods,raaatdral hWgages,stld 14 Or IOW Wants, jurisdiction of the courts of Johnson County,Slate of Iowa agreements tho 0ooYrtwda,.menar new or"after sa•N"exec Mcl in,pnlriscrul wd11the Toms is or the Essmee-Tune Is of the essence in the performance of this Mortgage Indebtedness Rheas!of Rlghte al DOYhr,11WI/a4a7 and dlllrt gn Shea.ElY'Of M IladeeatgOea hereby Rents. The wad'Rents"means all present and future rents•revenues,Income,issues, relinquishes ad hill of glra'af,hole"a d sea drlr��va fas'F n print M Rrupaaf and layette, profits,and other benefits derived from the Property. es to lg Ms of amrloptee as 1e sly PI OW Pfnpl+ly. If a Grantor Is not an owner or the Propedy,Ihal Geanlat executes this Mortgage tv the iiii purpose of relinquishing and w,lying such righlc GRANTOR ACKNOWLEDGES firs HAVING RFAO ALL THE PROVISIONS OF THIS MORTGAGES AND GRAMORAOREEE TO firs i[xaes, use In his The Tolle U capispedli wads and terms shall have the following meanings when used In this Mortgage Unless eperifi®tly slated to Ile contrary,ell references to dollar amounts GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL shall mean amounts in lawful money of the United States of America-Words and terms used In the OTHER DOCUMENTS RELATING TO THIS DEBT. angular shall mGuda line plural,and the plural shelf include the singular.as the context may lequae. Words and terms not otherwise defined in this Mortgage that have the meanings shrill to such GRANTOR: terms In the Uniform Commert al Code: ALLEN DEVELOPMENT LLC Borrower.The word"Borrower"means Allen Development LLC and includes all co-alors ig and et•malsa Ii the rayla and a Ilia.slvcoslWl4 all N4*& By: Environmental Laws. The words"Environmental Laws"mean any and at stale,federal and Jn11 J Ace.Memast or Agaa Oevrtapol LLC Local statutes,regulations and ordinances relating to the protection of human heallh or the environment, including without limitation the Comprehensive Environmental Res"nse, Compensation,and Liability Act of 1980.as amended,42 US Section 9801.at seq. ("CERCM.line Supenund Amendments and Reautnorization Act of 19B6,Pub.L,No 99-499 LIMITED UABIUTY COMPANY ACKNOWLEDGMENT ("SARA),the Hazardous Malenals Transportation Act,49 U S C Section 1801,et all the Resource Conservation and Recovery Act,42 U.S C.Sector,6901,at seq,or other apPhcable 1 state or federal laws,rules -�,or regulations toopted pursuant thereto STATE OF —ul.UA ) Event of D.N.H.The words Tilil of Der.W mean ary 4f line final 9I di tat lanes n _1 )SS this Mortgage In the events of O*t&aA!Motion of this Mortgage J.�v ,r o� Grenlor.The word"Grantor'means Allen Development LLC COUNTY OF ) Guarl The word'Guarantor'means any guarantor,surety,or accommodation party of ��' 2 ary or 41 4f a.I id"fecPtrs1. This recoil was aeaopsrliedpaY before nea WI`k 6 20-2Z by Jesse J Guaranty. The word"Guaranty'means the guaranty from Guarantor to Lerl Including M4R Wines,or All".osvYspersrw LLC• without limitation a guaranty of all or part of the Nate Nnpavxnlnfi. The word"Improvements"means all earlPeO tl future Improvements, aWalya,lvluc[uras, ngYMl rymsa Iresee4 an eIv RfN PrQParTF• feouliac, eddNona. Nsiary hltlo Ll and for[Mi8{a,lot aplacemank and other conshu[tinn on the Real Property I 1Flea err vwaoe My cafArnlsafut rrpYss I 11 NOIaar13 -tier Indebled am. The word"Indebtedness'means all principal.Interest and late fees,and other nmmka lt toe a II�1'11a25 cunt,,costa and expenses payable under the Note or Related Dommenls,together with all nr cwvnar E.pu ewals ol,extensions of,modifications of,consol'IoaGons of and substdulions for the Note or Related Documents and any amounts expended of advanced by Lander to discharge Grantors abllgehans or expenses Incurred by Lander to enforce Grantors obligations under this Mortgage,together with Interest on such amounts as provided In this Mortgage Specifically, without limitation,Indebtedness Includes the future advances act form In the Future Advances LeaalPm-Vdr-72 l.Qo44 UIPt.Fitunfra Um CeffppaRa lil 2G22 AN Rights AglenYd •LA provision of this Mortgage,together with at interest thereon. C ILASERPROU4ARLANDlCFI1LPLIG03 FC TR-119792 PR42 Lender.The word"Lender'means Hills Bank and Trust Company,its successors and assigns Mortgage.The word'Mongage-means this Mortgage between Glamor and Lender Nate. The word"Note"mans the promissory note dared July 2B,2022.In the original principal amount of$447,400.00 from Grantor to LeMer.together with all renewals of, Exhibit 18 to Petition Exhibit 18 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE , PROMISSORY NOTE Loan No: 2020 (Continued) Page 2 P+Mdps1 7-m". M 211 Cwn HD CTOb tw hCCG1R,1 OIIk:fY �. ���WBMI _ w2TINlB.Ga aTae2axx ga2eagu 2x2a ,Al,gq sxrA rAwLDE P7R �;`^ t p Reblmmanul aoMe Mar`W rtYtl r,M wlet man v^Ff+,laar.++Y a•F r :I 4. ' - -< ATTOUNu!",tali,WMFL LO—Ob OXAM--lkkv .T NNW P Wn.['wa.MI C+aw.r✓,sq Borrower, wNn MelbprwM LLC �Lendpr: NIWBank led TMFl Cwnpny M Irr a,nwl u4,a•Irn N..yd,rl,T«CM.[IDA•.41VNS1weaMr,rq w[Wan r,Pnp•Frd.by.ar PO 9u peyv 5wb GapM Y Irw ay a` viceara�rOIA r. rta�wyMYJM Ef NtlPewY Wr AWI N.faM]LsiM to l^a1h Iowl Coy,IA e22M 11,Main IN-4POaw 1. MxPWrFwna pb dDy Ill. Al IpFRa qN aY ax,n[7t+navy ...IA 522]5 GOVERNING LAW.Th.Nob will b ponmed by bvelal 4w IpplNabN b bnNr,nd,to MI amnl nM pllvmplld by NdxM Uw,MF bw or redo MS-ST]5 (h.Slab of bxa wINaA rloa I,u connob of law p.Wav Thla Nob N.bun IuepW by U,dbr b Ib SUP,N tom. CHOICE OF YENUE If WMnI-I.Borrowereprta,upon I.,—Iw LbF—I I.MerynulcrAn of Pam ft 01 Ahum Cwnn, PdnclpIt AmOwt:$527,000.00 Date of Not.:July 20,2022 SMIe aMo«a PReM19E TO PAY.ABu OUNornµl LLC fBouwly'1 pmmbu b pN l0 Xlu Ban env Tnat CMnPeny 1D'w n.w oMIA n bwlM maIMY OFF-Tv M..mvnl p,mmaa W eePlr-alN.Law,Lvve..resF,Lwa•rpm vl lvloH n N BmmxAn Iuuw LLen LeMv Iwhelner N qM Ua¢av Wva Nva+kAar+balFM I+gNIdWMa,+T.W>•Iaw�ibu,e•a 0a RMIJIMPLOiarxnura ll ecv„rpFuxrgl.wwme oonr,cmunlL Tne mcwvu xauounl[BaroverlwbipinYY wltn lomwneales lnv eu aaouw Bormmerruy la«MMdFry,eweUNe•,In rMb,l r W rpar uufubl peW.gr.Stare, rat adravu,lLcalelM u rF.MI b tb -Me DNwe.However.Inb Oou nn'vsktle any B[A w Finan erwVnll.Or any wst acmvMf Iw wn,e,wlort would b ponbXed by •P]LIIl1i e,LGAArypIF IvE,1MT FF,s,aFp vra7 Nnvrsva ub va411BIi NO—IIIIa M eTlrx p[d avpv.bnrFN ale,b wn BPwwwaulMmu tenor,b IM ealenl permBled Dy eppKub Ibv,to ee vpe w aa:on a NvnF omnp on Me vdeellvmaf µa,«l uY 1_REYT FTFAOEFAUL1=,,yF WrrIAly,lwyYNf.MauCL TMr,rnNMang ebrpl.-`-rb lwmraM l,drwutlN and ae urnaomWs,ard.M iodate ofden,to evrmrueve4wlY lraen etl evN Bupinla to piton Lenverbprweb bnveh tlwpe mM fOloR rgnb prOvdev m MN prapnpn PAYMENT.Bwrexrr rM pry WI 1.Mau RTYmlrrl M III o.MWMNg p—pH Hw III to b mpM Inwmt On Apol Of.20f].Unbu COLIA E.L_ O,m Iowa Crr M K n ,eoUMmlev d b,R,Ne0�111209t. 9 d.ttUdJ Nb�N on.L01 51 Community Vlew Pan 2 rvhI It—ww-1 by Opp—,. MY—will b,Ppbed to MWMO,01.1,IMI Fh M.MIn burawd,u .I.—LvM (]911L Ibn b ww10 pXlsl«L a b Iny wnv oMar a—1—d h—.1,M III—ub d—IM.,ea ry Hud Ly bw.IN,— r b,pry LINE OF C.—TM Nob MMewel a NI S11 ETe 01 c 11 O,Ice 1.IOW newt of 0-1 ha.ben xvancad,eOrtOwer r-1 eMlled r 4ndvh xdw.v Fnawn uovv oral Ludy wear ON.aF Lvndv Puy A.11 b b w IUS. b Nnbr loan,drawee A�YAnmf uMw IM Nole m,Y b,equealM.I,b wTNrnp Dr Bwraxw w.1 w.—n INI DAlprapn All MAXIMUM INTEREST MTE UndII n drumfbn0u wiB tlM Inbrofl reb On MM Nolo a.cevtl(eseM ter bbIMNwrdle OODR prlmum Or an nybr OelauN nla Morm uwacmar to o IMMW Ln,bar Iparwf Irom BOnower,el bnM/I aodnw lnawn lOm—11.rWim of tawunon olFutl.AUMmay Xne Ervn DvbuB.l M O.l UHallob, INTERE D ST CALCULAINNI METHOD.bUIFN on MN NOII b corn0ubd on•]ev]e0 bFb;LNI R by appnlnp 1M u W al MI InlneN nII E—Mr IbIB b InIt-IO does w .1 Nob(INbI«t l0 UII BmWBOM dwcXbE..Ir l NnMI UN fx g lObMUOn.6y wbMlMp Y •yap N 2e0 d.y4 muN01.d by Ob eubbnanp 1pN b wlwbnu,muhMled by M¢1numbr x My.III. Mclp pl bMnu If rydh BInY Rplefl b,Dlaw and Liu Gulmly by NO.HUIL Inep 11 In%box MIA nI—.dr«W DI IMMFE to 2 U,v Mr m e0I— IFMI10Mp.AB R HMI payable u r Vw Nbly b F puUl wlnp bb mvlWd. IMB IM10 W b cIPpOO—wNM1 Inv CenlVucl on Lan ASHI b ebmwar dams l0 by MMI b,OR lure ubr. (A) TAIPATNCkrAb nB!rS.pbaxr aNelyW•n+!P'+al,p),hWewR rWr Av0w1/!rYFYr v w bny e•e ev-0nWl,v ra P,.Y1Ir.Hl[v wMarwrera,a W aae.e.r 6u1 OrroeL WanaC K D,C nri tlY•M,Cv•,M epaa aayr Trr aDcacWnmme nomw vN'9 IM1 Mc ubwcbone or on alWrUeO emon or I vvOXM to vnV 01 BOnwetF eFanunM vMn wilder TnI wqM.1d, IB On but MbyM or by wdll robud D,^ui,l parr SO Iv.alp la*ePV M'eM�rwa pF'W a.r aaxe0x efnH ell a..T.aTa•na,r/.a CN pina"eel,aRA AM;'Lee comlwtar pnn avlA W M+qr n 1M,lYl1 L.FC"wra,LY AeneAra aUgMeT n TCYcaxw n+Lan paAlllq[ Aew.Iad7 gar�ya tw w:Nn Ir PURPOSE OF LOAN TmI epeofs oo,,b,of Ub Iwo e:Conuwlon W NM,Wme M LOL 51 Cwmbran V Pad 2 LM bO' rq'eHM1a�P1Lalfv w�eYa P-IWlD�w�,';fir 9Y,p VaYYryrai fl Ot IS OY, FINANCIAL STATEMENTS.Wrlowr IS—to bwde L-1 WNeuN 6luncill IM—M,IIIo Mlles lbtm nIt—heawntlu NTWewgvr u�v«.N wlxln ^AFowtwwdTl q[�n�^riLa�ew/anaLl�.hs>ba.e W�rA e�wrN delxl as Lenurmay realmubly requaN rw Ilc wa eeM nl wreel,r ew+.IlF[yrrMnt r M'sf w.terra w.r r m,4 rH""—"A"elKwr.w NOTICE.IMPORTANT:RED BEFORE SIGNING.THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ elf. rn urblalPae M•rLy,yf eaeru wars w RIM.1rLpw.gp N¢e.w W YIOV Co W,MIX MMF OOFL.1,1 CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE NO OTHER TEAMS OR ORAL IYnw A.IF Tc Irr,M trnppl,p. PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED.BORROWER LATE CNA.E,II•pymem n]D day"w mwI bb,a b,wM b Sopped 500111W of M.-Id pNp of tlM npubrn I— MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. pymenL SUCCESSOR INTEREATE Tne term,of tm,Nob,tun b bbdnp PDm BOrMwer,Inv upon BOnwveye hON RIFwMI repruaiHlOvve, INTEPEeT AFTER DEFAULT.Upon default,MIw✓y IMum to pay Won nnpl molNMy,Me arNanel rob on Mb NOIe Fbu bI mwvewd b and aespn4,M enu murt to W—1 of Larder And BI uNmuon am euyx vrnnn bfe0 m a year N Oep pays However,m m ereM nrl Me Pbl,nl rk uued Ina mar+nun NU u nb ImuWnf NOTIFY OUS 0i INACCURATE INFORMATION WE AEPOAT TO CONSUMER REPORTNO AGENCIES.eOmmLm may reNn LeMIr If LFMB, order Fp0.tA I_ leers Any bad U,mlomMlGn Ibwl 0mvxeh eu0unaf)b a Fenwm«IepMB eSbn.Swooned-It..nolrm ft—,- DEFAULT.—0 Ub bib n Fnap wnll,Wle an event a Arbuit 1'Ennl of D,ul.'}wd«A,I Nob: f u<K US—I)'[PF)0—p wl to under al Ub 1w 9 1011,NXM 9AN:aW1 Compony AIM I.—SI—II DPI 101 MIn Street FO Boa TO.U.IA 52235d1B0 ouM Dv11.11 ewrvxv rem to mab aM paYmbnl when des urMu Inge N NOES TO BENEFICIAL GWNER.For buFIaIF uwunbcmvrw by BFnrRNI O .N,HMI,DY Ilpolrb bvbw I caMn Mu harpDMM.I OMeI Mull BOnowv W,b comply wilM1 w M l4—wry oMw bin,bbly,bon,ovepnt or wdvon m bIMd M MM Nab w M NXb Bank env Tuat COmpnY acarW Ind w M tlaM Mbrmalbn npaMllp x bm11Wl owmn and PwMI MUNMwb I ludhlr acklrovbdpF IM 01 Me IWIM duvmeNl w b cOrrpb aM w to pMorm Iny bIm OOepnnn,rdwev1101 pdgeon un1,i1M M fM oMer Nreemxl Ubl M k my IuponWlltty molio Hllb BUY Inv Twal Cb of any-npn to Ib I——prorllly- betwven wnev Ira BwMwer. S. p.H _ rr.rleiµ M1++ara r Rl vYreda..e rope'Fry I I I.rlw.deNw Llea'b I.'r.n•eL rowf.p oFN�LUPRYDYl51ONN!wuiundwl utMebrNW Nwe minolyd b�InM Mb will not allatl Un roil of Bm Nole.Lvnavr IrwY tlalvy m hypo awa,7w,sar rl llVr aisav+ALMbrY.11ry Ffl vablruanka tllllwWylryal BMW+rI{TFry qF n Owed pY law.wllu preFentminl dam n�a brm eolroaerlM lnv aUMrpFnonwMllpm pwrinMlF werAanu ,elfiFal ra+/M Wlwalaerr[YaRL.BlaaaMal/pMMIa1M Ih.MwFY,OIh rIwfWPnud. et_.olMnnu erprouM euledbxnm WYmenL lM rase oldiltawr.upon wYlSunW nMe MrmepllW p,m PIM woo Flgna N Nee wlrtmn er,gwmnbr,evurunodlll0 menr, mrfr.wnrr Blf1.IL Ilwn M aY airy r mPpy wee w nHwrx NweP eq aIF IOu•OMpIbY veweM.r wreNv er'bnf« eneI b INa A rokllvd Ham gebrY.All wM PIMI wru Inn L�may ronew w FWM Olmdedn a,M nN anY brain M mMl Uva ��Mre bon w rvbau uY PoM w pwMnlw w WlvrObl,or bnpwr.M,I b reel¢¢open w pemetl wmeh ueunn mMra11 M Ne adduMl;aM tAw Inl yrlrlo Im�binl.rx�wraYaenNp V[awH ra}a oVbr WneMv peer nolim banywN Ae auto peXPv ebplproe Tne oblpauons Sub.H. mev mPd,n �ilaa d:NYiWYIOIp WYRfF,Ip[p yFyngpLaF.yq 9puvpp eyry.,Ivv pNyF,�� e M mM wlrom Me mOMnulion a rattle. Imdn Wa Nab �rxan..,aqr y.awla,,nl.n.a,eaten.r wn,rnl«a f.Hw r w r Wes lantrMa a ao-r-LAN• Ale IpIN re a.mM rMn.s abrn%q tl.r N..w,ePlur brW I,arv..ruwlri rwP.errewaw SHIMS,a.F.e,F Sw M br ap-wFL. w• flUOKtVIR0Mno THIS Wit.BD11.owxll Irmo ALm waua]INIV AU Tie wvnMnl]mnw NGl[-vDPAGFLra AaFIFEa]a T,IE a,..wv•w.w..I b+Pld.awrn.pnl�lr..lad.rr..ruo.wl.I rr«ne�a+aFn wwM...w. ,"lhL fan tlul.r.aJ.ruy.Lea v.WArr d Berinae NraNvvF N WVM wYrr r rnVw..PUrI y..+a].I wl,aA.w haP BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PRDNISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO FVH,[L�Irrhgl WOMiw�Wilrla Mart Aelmrewan le.ri>W„eePL hrNGsna01 L1 nF0an.,^TTMNeaOa MMMMA THIS DEBT. r 1al q.envgrauvLrt Ati pagaa.p.+rFllr WrWLiYw�Ly r..yufytrr.lrw.e. BORROWER: n.d,r p FarFru PNawnp enl.n,�-..x le.w...a wL.An.P¢Aa.raa.na'u Ev cwXr wnee.a Fw.iL IFLtlisNwegl .rryenrov.f Blr.a[.' 1T�grpwNnl•.dy rprq A�y1X WWYIeeY au+s4 w.ba M „I e1.wHv.I rswx rpyq A..'d 6gau WrN ay.. bMrtwpaNNan.•pool l,IM mloul ey BOnower lFMlm vIldBYwnlunlMwuvl Me uam lwuCl Mlb pllunlna vevmrw !LL[r DiY60MLNT LIC 11 pvp[eepinp AM Bewmwer pAeI LIMFrwMlan note of Me aeP:W or ledelbv-DrOCeueq wtlemPM xiIh LFMer monbFw [arYFPvrIFb—ram I Iwely boM Iw Me wanOr oI e,rbrwe Drxtde,p,In u rmuM Oeb,mMed by wntir,M u vvb alveaon.n big In ueRueb hoM brine deputy �1 ��--- F,vcWlOe;AWCMNM.Arty vaeaben w vBvrAmenl h bvrA aplunl My Cdbbnl,one vucfi uvmNon or owcmnml N ml M eFM, mrAvaev or firyetl xIDM Uddy 1]01 deyF Sear Lx aa,ne b b4<d Cwn Wweawrbrirl tPwMke&rHtOMW llr xuxaderubvyrxDa r NI,Mee A.•III AOIOC IIUAg 001w,IdODbd C —1- u 0M Cowb,IL .-...,,,-++T.-..•-.••,---..v-w—..�•....�.�•............,,_.r.,..a FI IlrF,rC n fr.rl,ab,Ibb,nlvrfA.ru b n eltM.an N eFa Iewr a,w'a r!I[waa u IFr.w.ne.T,r aeAyla Oelvup Unrr OU,er Lbn Owuminb A dellull emun order uy MWr mmppe,dFFv C bun w uMMry yleFmeN mwrbp Ip or I,ry paNOn al Ira COIMleral MMFIR IlabaF,FaraPala wnK.r awrar..n me I.-w K anrin.•n�,✓•[r yaAPlwF Aw w pPPrn✓trey aa.NlaW a gp+Nd any LLvedaITAI.'cMw,wBµ In e1�Me,r�n an ar..aap Ares redLYN.p.n ANa.pwev.a l0 pwawnl to wncn umpldpmonlwu enlele0 11 WaifMNyMr Near rOM,etYI.NeCpYIVWI Bey Or nee.A Ie.]QUO-1.l Wr X*1 eYYM xuIwIUI HIN-1I.Iny Gusty.I,rFrN pa�pl.�T..lubuy. eL.u.rl.ept--0m ivi.u�+1'�w`r a ri�mpei or u:l PBM,pla'nrr.Iw.aLe .r M�I.TAdwcn pm I I en ones'.IMF Iu*Nve NaTlmarnti-nvoy 1. Ad—CHMSM q melOnM advr[e—Ol Dean n BOn 1.I—M mW,lwn v LeMea M.—Me P_uL of peYmenl a, pdwmawe w IM Nab n Mpaeetl. Cup IIbbMI..Iff—II w,rW why Aprp.w eFax.aL aM SM,e Ale ten FNA@MM._w a[MAxW r wfeyewl vMsw,vaS,e{rl Fcn tia21 .�rsae�«+IlMam l Lrmw.aw LLLww lira lwwm M[rr vela r FI f e.I alu en,arl ew was w Itl Pre rnrra.rq.csn rwaa n..Ma Lear mT.l w w.wrS lw.esw.w a b r,Itw,N P p.w f.4M w I+w,M'mrac.e av mnpbw r wa,Mbb.nd mmlFAry,MPIFnILcdMMwmrm eemPY.nm Al Fmn ae lwlPn.bry Praaual lsbwn A.S .W_ xb a yreer tir Awry a.1Me r•.,..;.raa.1 u' w«n.Aar w N.rn,n¢wa f awwtl Exhibit 19 to Petition Exhibit 19 to Petition t I t t E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT ~ E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT 1 BK:6412 PG: 39 Recorded:8/2/2022 at St13:19.0 AM County Recording Fee:$57.00 ' Iowa E-FRIng Fee:$3.DO Combined Fee:$60.00 Revenue Tax: Kim Painter RECORDER Johnson County,Iowa Ffxl R2CCe0EA•u5E ONLY PN,p By:Jell A—,Hill.Bahr and T111 Company,131 Win SIra,L PO Box 160,HIIH,IA 52236,1000)4G 5725 FOR RECORDER'S USE ONLY AooAllen Davel pSS TAX7oul ATE LLCC,PO Boa 3474,In"City.1A 52N4 Prepared By:Jeff Aunan,Hills Bank and Trust Company,131 Mein Street,PO Box 160,Hills,IA 62235,(900)446-S726 RECORDATION REQUESTED BY: Hills Bank antl TM.I Company,south 011ben,131 MNn SmXt,PO Box 160.HUN.IA 6223S ADDRESS TAX STATEMENT: Allen Development LLC,PO BOX 3474,Iowa City,IA 622" WHEN RECORDED NAIL TO; WIN Benk and Tnel Company,A—ConahuclNo DepL,131 Mein Slnal.Hit.,]A 62235 RECORDATION REQUESTED BY: MORTGAGE Hills Bank and Trust Company,South Gilbert,131 Main Street,PO Box 160,Hills,IA 52235 NOTICE, as.,WIRe secunt orm In the I,Inge o1 S630rim,to other Loans and atl u su up to Nu mount,lop.lher wIM inRmL an,enlor to Indetudn,a.to oNer entllWn under.u0eeauenlly WHEN RECORDED MAIL TO: ,eorded or RIM mortg,aes end Ilan, Hills Bank and Trust Company,Attn:Construction Dept„ 131 Main Street,Hills,IA 52236 "..a- 1.—-6-1—to lo,",et FIN V—L-)V, Tt+.+'R-=r aotlre,s :r tF!aura an N2e 1 ea W eW1Tale Tr.- 4erYTlYaa—k last on.,`,e'of UN U.n,ta2e.Ti,eor:ar,0ni- n^enKw r —Ps*aJrat oe coy.'of O:a M,.n; MORTGAGE THIS MORTGAGE doled July 28,2022,Ie med.and,axolotl between Allen DO,Iopment LLC Irefer,m IS IMI—-Gre un)end Hill,Bank end Trust Company,whose odd—h 131 Win Slnet. NOTICE:This Mortgage secures credit In the amount of$630,000.00. Loans and advances up to this PO BOX 160.Hill..IA 62235 lnlorred to below..-LxdWI amount,together with Interest,are senior to Indebtedness to Other creditors under subsequentlyGRANT OF MORTGAGE, For yeWable coneldera0on,Grantor morlpapae,n0 conveys la LelWer end recorded or filed mortgagee and Ilene. dL,p, ,lo�er�p,.an•.�ewiyAa 1.w�r,r.+ue�.rore�ma,d5reu wu�rm The names of all Grantors(sometimes"Grantor)rare be found On page 1 of this Mortgage.The names >n Ll e m NA-.terrW.b eree"eel e„ at o Awen of ell Grantees(sometimes"Lend can be found on papa 1 Of this Mortgage The properly address rer,a.wa9"...0 as Iyd.};and e3 nhar r yds.W'-w.,aAo CeaalA e..uy n er lee v,Iea14-subeden wnr,oel can be found on page 1 of this Mortgage The legal desvlplbn can be found on page 1 of[his 1-.T;M al,v�rn,='.e�tpY-^emVt are a..ar mPoon Pte�••l Prol.ay'Iue'elI"J°f'^ea. Mortgage The parcel identification number can be found On page 1 of this Mortgage. seen..,a.,.M Iowa: Lot al.Conn—Hy Vlew-Pert Two,lowe City,J-NN-1 C,uMY.In—,--o dinB to Me Plet THIS MORTGAGE dated July 28,2022,Is made and executed between Allen Development LLC Thereof recorded In Book 65.he,115.Put Retail,of J,M,en Counter.I.M. (referred to below as"Gmnlor�and Hills Bank and Trust Company,whose address Is 131 Main Street, Th.Rea PMporty or IN,dam.s nmmonly known..3911 wlnxbom Dm,,low.city.IA 5224e. PO Box 180,Hltie,IA 52236(referred to below as"Lander'). The Real PMnrly parch Wenlab,uon number u 091026000a. FUT- ADVANCES In Ptld,lgn to Me Note.Mi,Rloneage a—O..1I Wore a—Ots onoX by GRANT OF MORTGAGE. For valuable consideration,Grantor mortgages and conveys to Lender and Lt..to Glen.whether or Iwl M.,dv,ncea ere Made N16 11 ro a coMmnmenl SPec-11Y. grants to Lender a security Interest In all of Grantors right,title,and interest In and to the following wdho.i bmilm,Gn.M,e Mo,iNu exerx,m adweon to the,Mount,si—M in Me Role,AIUWW described real property, together with all existing or subsequently elected or affixed buildings, mounts L.—in its tll.nehon may loan to Grano,IPevlher with x IrNien Iherew,hboni—In no Improvements end fixtures;rents and profits;all easements,rights of way,and appurtenances;all ,v,nl,h,s,u n wwre,dv,M„(,awdMg,ntere,p nF RENTS S AND Me THE SEl.ssRrrf INTEREST We1Br,water rights,watercourses and ditch rights(Including stock in utilities with ditch or irrigation THIS MORTGAGE,RENTS AND PERSONALUP ASSIGNMENT PROPERTY.ISDING THE N TO SECURE S(A) PAYMENT OF HE INDEBTEDNESS rights); and all other rights,royalties,and profits relating to the real property, Including Without AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS limitation all minerals,oil,gas,geothermal and similar matters,(the"Real Property")located In Johnson MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: County,Slate of Iowa: PAYMENT AND PERFORMANCE.Excpl a,PMMwb,pra'Wed In Mi,MM6e9e,Grant,shell pay to Lot 61,Community View-Part Two,Iowa City,Johnson County,Iowa,according to the plat GreMore oblig,I,onsuntler, MsyMhis I Bag.as M y.ey be .don Mw enea.MCIy peHvn o OR al thereof recorded In Book 65,Page 116,Plat Records of Johnson County,Iowa. The Real Property or Its address Is commonly known as 3911 Winnsboro Drive,Iowa City,IA 52245. The Real Property parcel Identification number Is 0918258002- FUTURE ADVANCES. In addition t0 the Note this Morloaoe secures all future advances made by Exhibit 20 to Petition Exhibit 20 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT + E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Lan No:;. 3320 (continued) Pig.2 • • Loan No 2320 (Continued) Pane s POSSESSION AND MAINTENANCE OF THE PROPERTY,Grantor agues Thal Grantors poss—ion In MYree iC Leber ialraTe tly IX eaYNaCa tTe1 yen ahsap cxdal a sK[rtAw Ctw eetpepl se of tie P.ei stall is governed by the WllbvArg Provisions None of the collateral for Ill. rs11 flOt Ct lyFbt'pe.p mtViVad ssW10sIF a mnbvn tl aIR ifel d1Ff Intel v^-•mr'r+uOC�Li mdebletlne55 wnelitules,and rwne of the luintls ramezm;etl by the Indeoletlness win be uecd to {howl au rkat gFtea.raq arty pica—w fir a knell woi Ne talvr to ride Fth I,,l whores, (1) Agrlwnural produces or properly used br an agncueural wlp le,as cehnOA In Icwa F�JI FLYP1ies Pr-'CfIt[i 4M§y[k>•,aaakFF:PearK slave]erg iNl a0lrp.pe A fAM'M Lww ..ode Secton 535 13;(2)Agrrc:Alural and as Gamed In laws Cade Seclnn 0H1(2)of 12b2(1);or vIW ebb N e bid n any rea'I bar"w DmaaaN w d1Awk el lymrey p a.0!i3prCF Pfrldn. (3)Properly need loran egriul(ural purpose ore debned:n!owe Code Section 570 A 1(2( C[ t C•e Cur Ptepryy lx%L n n ales daSeyL P t'a Waa,a n a IAp lw1�N me¢eselon and Use.,nV Unlit the boo—me,(2)of an Event of Darq,Granlor may and lam In In 1'm'yn.t u�'.-.—I/ystil «.ww4 parW naW[tea,Crary y-an U oe[an W possession and congest of the Properly;(2)use,operate ar mansga me Prppeny;and(3)wL'ecl rM1a"Lz[1 epee etw'Sba,N e.aLrtee WT pp s�g'WO(A'y"y aYacce➢f H 1gr1 ar¢eeY pp UN,Rens hem the Propel :r N wrp P..P a ypa:Isy Ina oae,up m■la waean sell ArN,Tar IrtelT ce 1p3I ,Y Ft•A1 YLpeavi Prppraret Ctaalxi.N FytMed aY lance•.Try k iea�raA ash ktulaNs lee airy b W WaA.G[.vor WIm.+It+I 1rIA P:ap[rty n lananblE coMalon and PromPtiV"do. Ilia Iw 0 1n tan Flosf nyeinq raga to pack crd ahoy ft l.—A TI ei Ntle►1ry, iq raven,r�xarnela,n:e rFifManeyp miod"w g4s.t des-kw N 4mn erects Irtyl.ar.eprm tpowt g .shin■pays na:aae,w as Deere ey ep�r" tecert Nevrtl Ill SUNmncg Granby repracenla and warrant¢that Ile Pmperry be—for Ira[bean,and WW1 reLa les li a1g{Lr.aria rlpAefees p Nwa in[el Peeby o rrx l a ese al n N!!a nuwill m m tang m IM1b MongoBc remains a Ilan on Inc Pope M...em for No ganeminn, —VA"b La1_YF R Nor altr AtmaltA Cllg Canapes W epf;--.JS'e 1WrW 4W NNicY ladure,sl—p bealment disposal,—do or Ur-dia etl rare al any Hazardous rdaeaa.yaragyWrw 5ubslence m violalbn of any EWrenmemal Laws Grenlot mammal Lmdw aid Its agents to Land.i,Eapendilura4 If any action or odeeetlmg Is commenced Thal—ld Ural—Ity,0met ,Met upon"IPrope to make such Inspections and Iesis as_-dWr may deem epproprick to 1-de.intmest In the Propel or 11 Gtanlm WWiltsto—ply wilh any 1—ion of this klongag.or determn.comellmoo l of the PmPmy con.,This seel'nn of the Moral Granlor hereby (1) my Reeled Documanle,inclutlmg but rot limded m Gem.r's bill Io tl ochmg.or pay when due rekases and waives any hiN a claims eeatnsl Lat—,for Ind—ily a wnlydwgon in the event m,s Granlor is d IN dschan a et this Mon Granlor becomes I-W for cleanup or Omer costs under m ch laws,and 2) agrees Io airy amp require 3 or pay unc gage or arty m that ,noemniy,ce!end..hob hamdess Lender ag.-I an tl aft Favrts and Issas rasNlin hem a Documents,Lancer on-In t b.haiY may Ilwl shall not be il.for to)mike any edam that b 2 oI This y an ➢ Lender deems alp party-a do the Property,ant p red all costs for or W,- p.min➢aril paragraeh of the Manage melt oblf 0, Ip mdanniy ana OefoM s1aA wrvwe me pressrun,Inc Properly.All such ecpendo,0 N.I.r or paid a Lender br Pali purposes will payment al Ina Inbebledneas end the sal[redion of Urrs Alongege men cear nlmesl al me role charged under me Note Irom the dale Incurred or geld by Lender to CONSTRUCTION LOAN.The Imp:ovemenla snail be nowleled no lase,flan me maturity data of me, the dale of repay—l by Grant,,A t San expanses will the I a pen of me Inoebledness and, Note(or such eariier it.,.as Lender may realskip ssaalish)and Charter Shan poy In lull all tests and at Le ndefs option,will(1)be pmable m d.mand,(2)b.added to the balance of Me 1PIe and at"ns.s m omr.tun with the work Lancer will disbu ban nr:neetls antler such terms and be ap,o'l...I emorg and W Payable corm any Inslallmenl payments to de—e due omng enter co es Lender may Deem rcaemaNy receswry b iruure it al me interest ueelad by this test the term oI any appl'cabt mw:ance policy of(b)me rema,ning term of the Note;or(])be M0n0age¢hall have pderly cow all possible(lens,tntluding IMsa of nlalwal suppliers and--n treated as.hansom peymenl which will N due and gaymie at me Nine's maturity may require,.non,ether Ihings.Ural molorsemenl rep esls be supponeo oy recetpll bins, Warranty;Defense of Tlde.The 1,113mr➢proosnns relating to ownership of the NWoony are a eapenc a1tl-Ile,vmwm.of liar[,con¢.rucV n progress reports,sad such other tlocumeManor,as pan.1 this Mortgage: beat,hdho,,l ,nd . a TIC., Granlor warmnic mar (a)Grenlpr now[goad eM marketable title of record to me DUE ON SALE-CONSENT BY LENDER Lender may,It Lendefs opt-0 declare IIn—d sly pe mu Property!n lea simple,free and clear of at1 bens and encumbrances other than Urose set forth h oaya"all".a sewretl by his Mortgage min the ease or IramW-,wllhout Lenders prior Pollen the Real Property desu:plon or:n any Mlle m memos policy,bra report,or final bile opir en sell,of an or arty part of the Real Phepecy,or any inleresl In the Red Propedy A'sale or hooR ui favor p1 one a ce letl b Lender In wnnmwn with This MOR n stet'mcnna lho cot v iyance of Real Pmpery or ony right,UIIe a intoost in a Real Props r P Y. papa,Ibl Grenlor has rethvi mgal uererww ur P-Wile,wlredar voluntary or retry,whether M� me lull ame I"Wi and Ill not MI to execute ant deliver this Modpi., b Lendere antl()od, no (h.-Win cote,deep, hens granted hehim ar not or type er den red, no a eM1erepl ced Gr me 1.t.fo :INe.(3)y sale[.side U,anti conmact wnlracl..tleed.lkastr holtl ter.1 y to a term gtereat Than Supplement,as I enay.l m hereafter o,Grant,,Brea.tar rI Ionetl Grenlor,for itself 1,. II m(la yams b iddir,ion contract.el by sale,assignor r, the, Im Wy- of any b t,,mb,l interest in or antl all persons ce-l—by.Through m under Grantor,agrees Thal it claims C lien or light to a to any tsntl Prop haldvlf tide to me Reel Pcorpora m,F arty other me hod of wnveyema of an tn:erem ten or the types ntemy m by P.M Wr...or an,other chapter of the Oahe of Iowa antl :n Ina Real Property. If arty Granlor es a corporation,,then by m,Ended lability company,Tor any .,to waves all mouses and,,ahs that A l b said law with respect to the Iren¢hereby also IncI any a of r oo.I of me legal entity I(25%by mwger,tli al- p otherwise)or any gron:eo,and rend,Pro antl warrants that d rs ore sole pant enutleo b do w and agrees b rJange m ownershe of mare mane,as In five percent(25Y)of Ina vesting stocR penr:ershlp mlereala i,memnd/,cer¢ntl,and hok nam:ers Lender from onY loss,tlamego,arM costs,mGutling or bmnetl Ilabdily company Inleresa,as Ihs case may be,of such Glamor HOWever,ma Dolton ahad onalle e:lmneve'lees.IhW.,I tl or s..-by Lender wising eimer directly of mdlrecly not pe enarcls.by LP'Ider II such exercise Is prdlt.Wid by federal raw Ot by Iowa law as a e Ln.1 any 11lm.1 the arm-1,11V OI said I-to the Tierra hereby granted TA%ES AND LIENS.The follelving provisions relarrm le 1M ales 2rd hens on the Propery are par,al Defense of Title. SuOled to the exceplmn In Dm paragraph allows,Giamw warrants and will this Mof.➢age, brevet den-1 the Mlle to the Plaperry against the lawfril rlmms It all pw.... Payment. G:anW shot pay when tlua(ant m as events prior la de!Irquemy)al axes,paymil FYI IArabrom N W.,Iv paeF as ace bdd*eo,,1,idcb ll. ,dl IaMasen g{Alapt roxee,¢peps:taxes assessments Paler charges and sewer sets-n charges immol No-m on ~dr aN yperNP.Fwlpem Tµ art pNp[eigta trFpoyd.epgl[pupa aIgsh,M a antrd or me Properly,and shall pay when due as claims for work done on or for service[ r»e�Igtiv.laser shAio alp see de,-I.Goleta[,11YEN Iltkr4ngn ad eta W'a/[ enda or material furni—ol to the F—dY.Granlor[lull matnWln me PropeM Tree of miry.uenc a IetaT Nlwlraaawwl eF a'eY/e•aete•{g getYlrraaL Ow Yes rraerirq L�Avr ern-cY having prloril/aver GI equal to the interest of Lander antler this Mortgage,except br Nose tram rrlenl n 0.Heroes are FM panvr:r F.W.J.TIayP p t 11 Fa dead, %aguaC+e e— speallcally agreed 10 In writing by L.Mer and....or bn the list of lanes and assessment,,not [art Iµ[arraNetaarrrrrl%B1pcLNIImiele tT l►+WfrxsdOrk AIM due end e=epl ore othemise provided b Ih[Nlongag. E.1.al Delaull.E..of me 1 11—,at Lenders debm,shad constlNle an Event of Canaan PROPERTY DAMAGE INSURANCE.The Idlewing pW,ame mlebrg Ie Insuring the Propel are a pan Met this Morgage 01 this M mmot. Peymen[Ddfaull,Gan10r falls to make any payrnam when due rimer the Imlebtedneas It—arance of Inwmnee. Gronlm shay procure end mainleln policlea of Ilre Inwmn[e corm elenOmd eateMN coves o I n Fail Phenol on a repWcenwnt Lan ru:0w full niauiebly value Delaull on omer t 11 tI K. Fa.ure of Grenlor teUN.r-Ilia line required by this Mmtgege to .nrg all Improvement.on Ine Real Pmpery in an e...1 s—,oft to avoid Grantor i fi any •e any peymenl for lazes m Insurance,or any ether payment necessary to prevent riling of ce clause,antl with a sWmiattl rnngagee Csuse m laver of Lender Grantor sFaG also presto edecl tliscnarge of any lien p=he andmenlam comprehensive general labxty msurance In Seth coverage amounts as Lower Olhm Delaull Granlor fads 10 comply cook any Mher term,obligalim,covenant or cornrtbn nay request Win Lender being named as additional insureds:n such liability Insurance policmc —Wiled in!his Mortgage or to any o1 the Related Documents Aobili jelly,Grenlor anell menlam auch omer P—mice,mduciryobbuut not yr,1Wd to hazard, Delaull In Favor of Third Paris, Should Granl tl or elaull ,der ar lencun al credit, bumnesa 1-hrupdon and Wor malls,,,as Lerner may require shad be wntlen by G.Ch d Y loan,ek mcurance companies and m—1,form as may ba obsommy aocatelmol.to Lenaar Ganlor shag curtly agreement,purchase or asks agreement,or any other agreement,In favor If my omer crMno.or person Ural may maicnaltr atlas,arc/of Grantors properly GI Granlofs.1,101y to Exhibit 20 to Petition Exhibit 20 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT 73 {^r..-, , a ,.F a , I MORTGAGE MORTGAGE Lwn No:r_ -2320 (Conflnuod) P.,4 ' loan No: 2020 (Continued) Page 6 repay the Indebtedness or Grantors ability to pedorm Grantors oblgati,,,umet this Mongage u weave es,latanakS slay v IrlunclwlN.lease+,:"eel'.Imeos'ai pplAapblH or art'related document Wsne W Hansel the Will of 509%ag raabals Wlagesy M flems t-fiese?La-b AIII and Death a Insolvency.The tllssoluhon of Grantors(neonates,of whether election or continue n mepyl—17-1�cal I appan, mS w d 00lem W en 00r.r FSlas.gnajF3�r made),my member wRhdrews Loan the tinted liaan y company,or any other le—runion of law past,any c Grantors bAel,,oe as a going baamess or the deaf Mf wy member.the msO,woy of Grantor, Ina appoirtat of a receiver for any part of Grantors an-1,arty a atiwvnent for the beheh( 11grhAriM ftfat"" a Grantor heriayy pees hat n w saefd bf 4vFC71We of Irva tkrlpa/e. of n Abrs,arty yDe of creditor wofut,or the carnmlancemenl of arty proceeding under any txesl naa L F.M. as opliAR�to reduce Rsa buA/o leas-y.yuLu�A W I=h bankruptay or IM,W...y laws by or against Grantor be M&^era 62and 020 2T,or 62R 14,or any[dnr tp.v.6AYr Seim,.to teen tans as awf se then aDPLv-ablo antl proxoctl by law Breach of Omer Apr,and L ant.My 1,breach by Grenlor under the terms of any alner al Me—, MI...Unin—Provlekn, The lbIl rrg ml.ceasneous prov;skna are a Dan al this Mortgage Induallbetween tremor and Landm that Ic I related within shy grace paa, the,wfi harem, Garna 1 Land.h hot.,any agreement'at.'m,rg any iwebledrresa or Omer obhgedon of stirrers q L.w. F Madguia d ft qps.it yb I..Slaw a{=ea siah.11M.to the Grsmor la Lender,whether existing now or later aaMel nnl veeseppd by I,Idsml II+-tv Iran be vas i[ek d row.eviler re11Na Ip M Evania ANecth.g G.—Man.Any of the preceding even.occur.with,rcop-Ice any Gu Mrar aee..L erHn XeaaaMxra.Thn.saertpas ht base ecespead br Latiea is Ir sfevaNHwu of any of the In,sounmess or any Guarantor data or bann,as Incoapelenl,as revokes or Choice of Venue If there a a lawsuit,Gannlar agrees upan:.antlers request b submit to tha de,raes the validity of,or hab:ny under,any Guaranty of Via IMablemoss hrad,u:on of the touts of Jwhwa Count',S.k of Iowa Right to cure.If airy,default sin&than a tletaull in payment,a wrabie and it Grantor has hat Tmr is of the Eastman,Tme or of the e,,anm In the pedomunce of this IAOngaga bean glen a not-of a breach Of Ina same pillion of Into Mandate Within the Pne®dmg lalralr Y• epw,wr y yip mafalbsilNa iaaa,.Sari of ere ates-or"W.W Melva(12)month.,.1 clay ba hued it ,Grant. after Lath en er sds.,I.n halite to Gunlor demendug care of such daIMAI:(a)cure,the default wiwn one(1)days:or(b)If the are mta,a s.a fyyen e1 tlaxs<.ti,�"W euhOsiLse Nxs n eve ea Lrse pats"aV requites are man one(1)days,immeataiery,atiales steps which Lever seems In Lathers wsn 0IV"of reran—he b sty o1 vrr lsrep�ry.If a O,',Las as eat lus paw of Ilse shin tlisaw"Ibe aamoeat to are the dehull and Iheaealter once—es aM ownMeles all l+caandl.peat GsaneOe bsDrvrn Iris sfad0aae ran W tier isNDada el lv{reslfrq led n,wya'g Aonw"and riocesea ry steps sufficient to oaduce coman phce as soon ne es alatioy such r,M. I ,. 001,18we The 1,11 all captdaL,ed words and terms shall have me following memIN,when Rlghla end RetreGea on Default- upon the occurrence of an Event of CILIA end at arty Inns used,n IMI Uaasa�,th+Yla apratr+v/ai.el,e—re'b.ae Nei z OMY e—od"t 1 M—aher,Lever,at Lenders Whim.may emaose any one or more of the fallowing rights and shag mean armsVd�+Isnea+nomr uylp easM,5I [Are ca a.isM fa'a'1 lease nvu as 'ma m adtlihon to any other rghlz or remetlres Drovidetl by law: sJ,.I.r sna r--fxa nr pArY sa he err"sr1=nnae na ss�,sly,.1 1"for01 M�n rsgiin. WoM.and terms we eeMerasse nrfAan Ice 1'.ua+gaea vw lase Inr..a,wga snit A—larale ladebtedna... Lender net have In,nghl al its option,.her gibirg ME raqueatl n sae JwIr'Conu.nneal Co,Ja s of JerauR and me,passage of any gma per.d,to doda amine ne the I—alwoss Immetllat efy due end payable.Lrcluaing any prepayment Dmady that Ghw ar would M lequbed aC Borrower.Tnn word'RonoweY means Assn Davalopsrenl LLC aM Indudes all cosignen aM to pay wiftu(rwboe,es000l as may be donersely requhed by appkable law o-makene s,gn:ng the r1M.and all Mor aucces—and assigns UCC ma Redles.With respect to all or any Pan of the Personal Pro rty Lender shall have all Envabara ill Law. The words'Envron,enlal Laws-mean any am an slate.federal and the dghl.end remedies of a secured only under Ina Unit..Commemlal Code torsi salutes.rnulnrmns a.no ortlinan<ea=Nang to the praleclion of human health or the IndMy xeuut wnaWrs dIe C—prdi— Cd'awwar/Rerpafea, JudOlal Foae<tarune.Lander may obtain a fMlcial-an fbne,s hb Grant&,interest to aI or C'yyfiw..R• es vud/rt by 1s110L es 1 wisaliA u dG sews fCM[.N MY any pan of In.Propwy S NCLAI.Crr S A"be 4ens al.sLWlda%fs sscINll.en,YsA L M Rg-rW Non)ud¢lal Foraclaeur.Lcrdv nvy exercise me night to non-{Mhlal foselnaure Pursuant to f�N�nV�T C��usrc 14W a its oa.May I—Ca.'.K b:�e.t a 11 i:lelald 655A as are.i aaGad IX e�.pgr Mod sod,a wMiAl paessittle r hop etl slate or edmal laws,rules,or mgulmons adopted pursuant hereto Other Remedies Lender Iran have all other.,Mb and aw,edut,pnawded in inn Mongage or Event of Defaull The words'Event of Defauir ,an any of the events of delaull set fawn In Me Note ar a—tia at law or In equt, this Modgage m the events of a tlaull section of this taongage Sal,of I P,pady,To the extend permitted by app""AD law.Grantor hereby wa-s my antl Gmnlor.The word'Gannuce mans:dlw Davetopm an LUC all aChl to have the Prvperty marshalled I raising its rghts antl nrredke,Lever sMll be Guaran- The wohl'GuaanloY means any gui ran ar,surety,or sabommanallon party,of Ma to sell M or any part of the Pro,"togas or insomeey.in one sak or by.....,a any or all of me Indebtedness Lim s Leader shay M snudM Io bM al any Dubik sale on al or any p Mon of V Property Guamnly. The word'Guaramy'mans Into guaranty from Guarantor b Lender.Obli ding Electlon a Remedlel.F_kdion by Lw rlo puleua any remedy.hea na1 exclude ours,of any vnhMa Imitation a guaranty of a,Or part of(he Note other a 2,and en ahwish to make expo OAures or to lake adlon to pedorm a7 amery on aI Gmnlor under this Mortgage,after Gmntars.lure to pedorm.shod ml affect Lenders nght bne—the be. The word'Imp em roven riveh ex ts' s all lsling and future Improvements, to declare a default eM exemase ns remedies Nothing under Inis nhngage or in AM,a shall Nuaarg.. an.ba, min,homes amrad an MI Reel P,oinq. laoahea,adainona. b,ranslrvntl so as to limn or IAMA the dghat and reme<,es a iiaNe to LaMar loaowing an I—naMls aid other consbudimn oa the Real Property Event.f Da""or In any way to uhni or resin(the rights and M aiLy of Lender to proonad IrMletranass The word 7Mebledness'means al principal,interest and We lees and M,,ar n dlrey against Gmnlor andlor Age-my other co-maker,gualwA n,aunty or a-rser safer arbourvi and expenses payable under the Nor.or Related Daname ts,uNMh r with an to proceed MAM[any other rolkteral directly or:ndirec0y S—Ing the IMeblednesa. s.1.wtenamns of,—ra Aawme pI,coneoidademe of and wMhliatmnn lot he Note or ANorneye'Fee.;Evpeww.If Lender Matiluka any cull or anion to mono,any of he terms of Maw Ceanwrn—W mainuq ana`a4s3 or ade+rlataT eE be`5` Yv 4"Manrf this Moryege,Lender sMll be ena lm!la recover such sum as Ina toad WYay Mg. widnaM v s,,bohse.neuihni by Lmo@,.to err<ad./)enJ1/1 vbldasas write+pn avnldne as ell.nays'aegis at Irlat and upon any appeal vvTaM,r or rot any court.,halt Is la W.yam ru/rd yes rRts+�ts.aal•+r stints..Zn n µna�Iari IYs I,yayays 9pn,rfr.fa. nvbNed,and b the e M ant proh,br.d by law m reaaanabte expenses Lender usum that in • s neRr'.[ha assure►hrda tar fmnn dsa F-.A i e Lwder,opinion aye necessary al any than,far ha protacllon of III interest or the e mer nlorcert provision of this Modgage,lboaMar with as nW,.t thereon of ns A"As anal became a pad of In,IndeMbal...G yayaM demand dand a sMl bear interest Lender.The ward'LeMer'means H,hs Bank and Trust Company,its successors and...lgn, at the NO,ante from the data of the axpeMJure uMJ repaid F_xpenaea va-ad by this ,.,.Ph autune,.,.out limitation,Mweven ebb,e 1.any Iln lia la under cep,—Me law, Modgage,Twmd'Mongage rhowalhls Mongage between Gain.,an.Lender Lenders attorneys lees and Lenders Legal asperities,whather or not mere Is a hws 1 Note. The word"Nor.me ns the p'o,aaory eCa mist Jity 2&2022.In the moor l Adudm0 aYomey6'leas and ame...I for han-Pict'Urnceedings lindufng egons II Modify pdncip I amount of a527,000.00 Ira,Grants W Wan)hate tier with ail renewals o Exhibit 20 to Petition Exhibit 20 to Petition E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE 1 Loan No "2320 (C-11t raed) Pape 8 A exleaawns of,modr6cabons.1,mlmancIng,or,emobId.lien.of,and sucolnnore br the pr inssory role or agreemem The maturity data of Nis Mortgage is Juy,28 2047 Penprral Properly- The wow,'Personal Property'mean al eauiirimi,Ilxlures-aM..or edkles of personal proper,now or ho—hor ownetl by Granby,antl now or hemaner meshed r alhxed to the Real Property Iog.M.,wM all accees4ini.Pa.,and addltan to,ell replacements of and all sub—tiou for,any of such Propery,and IOpemer with all proceeds pndudng without Irritation all is Ince I—setls and refunds of premiums)nom any sale or other dspos,lan of me Properly Property-The word-Property'means.01J.o wily In.Real Properly antl Ire Pmwnal Property Real Proper,,- The words'Real Proxny'mean Me real mepedy,mlereals and rights,as FOR RECORDER'S USE ONLY Winer tlesnlbed In Ihls IAOH9epe. lcpp,r.q AN xpr.n,wa.ffu,k,W 1fa7tl Ean}.ry,131 A'Jn 61rcN,W Ppl 1q,hill µ Related Documents. Tie words"Regaled Documents"mean all �22]5.i5gdl alai-Se25 promia.ay rages,seed:, a0memanlc.ban of l—,M. a ovlre.,al Ballial ls,]uerenlieit .acted,asinuri Ms mmgams,deeds of mis. heirs,—My cn,or 1111aermit rat marlyagea,and ri onnoth m with th,the ADDRESS TAX STATEMENT: apree,eenb and documents,whemer nmv or hereatim eriadnc eBeculed n Fmnenron with the Alton Dovalopmonl LLC,PO Bps 3474,Iowa Cly,l0.52244 llwebledness Rent.. The word'Rents"means ad mesenl ark fin—enla,resxnaas Inconw.iss es, royaluea,orohls end otMr smorta refired from the PropeM- RECORLATION RSi1 ll5 CT- Hills Bank and Trust Company,South Glib...131 Mal.Slrem,PO Bo.160,Hill.,IA 5223S I]R "R ACRXf11N MES HANM]ft; Aµ Ts!P0OViWV%OF T1�ypgI0A8E.AIM GRANTOR AGREES TO ITS TERM Hill, S- YyX=Ha d ruIL M.B Bank and True[Company,Aft:Conneucnon Dopl..191 Win S1reeL X91¢,IA 52235 GRANTOTHER D U M DOCUMENTS RELATING G TO THIS OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT AiLCN lOEYELOPYiyp.lC The names of ae Grantors lemnerme.-h o mnitorl can be bond on Page 1 of this Agraemenl The ell Grantees IsOmmhne.'LeMer')can that found on page 1 of tore Agreerrumt The properly wn be found m cape 1 of tors Agreement The Iagal desorption roe be found on pie 1 of Apl 1 AMt O.rarapsn.nl LLC Sy' this A¢—on! Tinspanel idenbr con number ran W found on page 1 of m,s Agreement Jetie Jm f4 THIS HAZARDOUS SUBSTANCES AGREEMEW dated July 28,2022,I.metle ,it executed among Allen Oeyalppmanl LLC,whose adol b PO Baa 3414,tewe City,IA 52a.go-I ate.referred to ac Indomnnor'1:no inn.danx and frost I-P.ny,Sousn fiden. LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 111 Main stereo,PD Boa 16o,r HUrc,IA 52235(re(,,M to brow as-Lmder'T.For good and valuable xdd.raum and le told...Landis to make.loan Is Sonnower,each perry.scouting this Agmmant SUWA n,reganem.a.d 1,I asxm iisees,a hot,.- STATE OF ) PROPERTY DESCRIPTION.The word'Propery'as used m INS Agreamenl means Iha following Real _ )SS PropeM located In Johnson County,Slate of Imn: OOU—OF 0kni:0✓c ) Lot 51,Commundy View-Rod Two-Iowa City,Johnson C-riy,Iowa,aeeaed,ng to the plat Thereof remrded In Emk 65.Page 115 Pln Recall,of Johnsen CeuMy,Iowa Th,s eecord was acknowledged balm.me m J Jt,j 20 ---20 ZZ by Jeace J Tne Real PropeM or its adtlress Is mmmoniy known as dD11 WLmsboro Drive-low,Ciy,IA 52245 Allen.Member of Allen Dwsi.pmenl LLC- The Real Papeny parcel bmm-im number Is 0918250002 rt ,rFF REPRESENTATIONS. Tne Iellowing o,seriatim,me node to Lender,subject Io d,ubsures node tisbnsr Nyrary PUNIe m and Im 1M[fee.r2cat .hd ac;.-, .I Us.of .Y-r After duel ma" and g.n...n. I...U.has no k bro-ate,m reason, My chmmis.m expires 2JIS 17�f belnve,NaI e e ins been any use.lmindhan,mmany Hb .beeper trealme b refixmaon 11J 11 tonaon,mor,or most the rdeasa,or Ihreelane0 release of any Neamdpua Subslonces by arty pprFin Rat awes illy ltoi5 m uMM,or shoo,the PropeM 11sJAadpv.%telal%- Aim c. na-,Ala"vn4a-pay lnyinlK 1-n0 lonw4 2E.0•- tv fn•an,uv[W»roe¢•[,,%--w w•gPs eneee4 W IIID.Myaarde,x1 Peas.ie.p-1.a woe u.,,,v..,Suasmer-wrerl�n..arP.. TrEL 7S-SODdx 0,«asTa Calls—IM.2E= AN Ryas Wseand -µ No NollIndemnbor has edo-ed hasummons, cllalion, ihec,'rve, liter oI corer C TASERPRCIHARIAND,LFIILPL,G03 FC TR-11919T PR42 ,calm.wnnan cry I,hem any agency of Oepadmml of any count'm stela r Ire U 5 Gevu men,concerning any Inlenlbnal or urvnlanuonal acl,m m mdcsan pis,uMer or about the PrpoemJ which has reeuhad in me releasing,ep•np,leaking.pumpv .inuring,emming,emp,y,np or dumping 11 Rasa d—Substances,nip any waters,"Insid o,or mno any lands or where dameya may have remhed to Ore la Ma,warers,fish mr an.h,wJ le,oieb,air or inner nalural IH.tiFua. Exhibit 20 to Petition Exhibit 20 to Petition I I G + S� E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT ' E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT _ HAZARDOUS SUBSTANCES AGREEMENT ff�� r HAZARDOUS SUBSTANCES AGREEMENT Lean ad:! 2320 (Continued) Page 2 ' 1 ) , Loan No: 2S20 (Continued) Page 0 alFI IAMAI aE WVBIA/,af1► by Lender Any inepeows or tests made by LeMer snag be for Lenders purposes.My and snee Late al Property. Indemnilcr w II at use end done real,nleM 1.use me Properly to ganerale, ndl be wrdear, W—in any red,dnnod,ty or liaor:ry on the pen of Lender to any Inderranldr or U¢ onpladure refine,lanspoh.teal.store-hanoie or dispose of any Hacamwe SUESlances,PLns, to any ether person bad paint or asbeao. INDEMNITOR'S WAIVER AND INDEMNIFICATION. Indemndor ha y agrees to and¢hall indemnify Cbmpgence with Envlronmenlal Lawa. Indemndor sh 1 cause the P,openy and the opard— defend.and hold no-eee Lender and Lndeh oKcar>,dtrecloa,employe..en.enema,end Lenders un It 1.w,nyly w,ui sty antl up Er,v„u,utrcalul Lawn n„J wJu,a ut anY g.vn,nnranwl sucwssais and assign,and their.3n.rs.dart—Vi.empbYeas and agPnla Iron and ed—I any a,.all Tait rot nmang Nneekd,h antler any Envirenmemal Lewis and snaa oWa,n,troop in effect am claims,demands bsses,Labiblres,costs,fibres,ld.on penalties and expenses(,.duo fees, ,ne—t hmahan —ply Min au gdwranwnral pd-d,aM aulhandalyd.fequne0 by Envaon—baba Laws.,In .,is attorneys lees al hod and r arty appeal ob petition for ter aw Cansullanl¢'lees,remeg,b acres respect to such Property w operations. Indarrmh.r shell I—Ith Lender wish copies of all sues w.s, I,and res.vrw Damages antl dnn moon In value)mcune0 by such parson Wj arising al of e permits and tin and any amendments or renewals of Iham and snarl hotly Lender of arty PopOd to any y Met glory or remedial aclon Involving the Omup,ni n d ma v alby E conducted on the espialion or rev.®nw of Such permits or eulhorvnluna or by. or any oNer operators of h,,,IyInds ,,,or arty iotimn nl and yEmir by nial Lam-no Laws or by orders of any gevemnrentel eumordy having r(b) ion under any raft rod 11 an Laws-including Paventh.,Invotllgalory antl Romad.-Road..Intlemnnor shop a Ro,edrame care,,handling without hi ra any.mural reaaurw damages,or Ili)aretrg out of or p I to any noncomp or Ile.Indenture ntu releny a,I IMa prilor u,ee ar...t Salary any,Indemndor,of Indemnnera nalg aee, ill:dr VLaIder of Cnyiparmenbl Leese a any appeubio any tope y arising or(W a account of shad adenann any and ea psvenlhe,ter NZalory do ar) al neon(m by an a pig bf, mjury 10 Lender were any person ittie bade r or Damage to any prNpeny anslrtr out eL In waned in sppnsa,removal,..or "'he and other remeCld adian) (a)fequ lad by any appL der in, grin any way relating to(it the breech of any covenant.o—ts, uth,or warrant)'w...,S, In Envlronmenlal Leis o orders by airy govarnmenWl euln.ny havmg IunM:cllon under ma Agreement,(it)me vf.laton or any Emi,onmenlal Laws,permits,aulhoraalnn5 or approvals,pe) mdnWl Laws,.r or news,ary to prevnnl or con, or"domagle(including dea op me use te.Menl,storage,generation,men✓.dura,uanpen,,nee ,¢i deposal 0,other W Occupant's.wn propely),personal injury or Vernal1.Ina eab-1,or We m,eel of any handling of 11—now,Satiate—an he Properly,or(,v)he whem,nallosn of any.1 me Properly by, such outrage or Injury,by releases of or exposure to Hasataous Substances in—hoolgn with the or Iha presence r—S,or threatened ukase of,Hurodws Substances by any beans whaisd— PropeM or dearencn¢of arty, mnAot Occapanl on Ina Property In the even[Inde fails t.pedarm IevfAv:ty ind Wmg vnlM1put limnal,.n any presently—sling.onla—ion OI the Pmpeny,wheNu or any of IMemnilare obligations antler Inie dodion of the Agn on-1,Larder nay(b,A shall rot be not previously died—d to lender),or to)pu,....t W this Agreement.Inoemnibr§obl,g.Lons urdm agW,ed 10)perform such obllgalion,If IMemnllors expense. All such bests end oqa nSds I'is miter snarl survive IV,termination of all Agreement and as gel forth bee In me Survhal moaned by Lender urder Via section eM otherwise under this Agreement shag be a6mbused by In aMAlon I. IF a indemnity,Indemnitcr nereby releases and waives all oneanl and future Ind aft,to Lender upon damanJ with interest A Ina Note deleull Vale.or in Ibe abe—of a snagainsl Lender for indemnity or—Mid—in the even!indemnitor ad—liable for Cleawp d,rd.IU rate,al the Not,interest rota LeMer arM Indemndor inreM that Lender shall have IN oraolher costs under any Enwf.nmen,al Laws neon—to Indemnitor for any sum et airy time due to Lancer"orcol,ASreern al In part—Ing PAYMENT:FULL RECOURSE TO INDEMNITOR.Indemndor friends that Lender had have NO I-- airy audit obligalone of Inoemnilar.Lender shah el ad bit be deemed to be he egenl of to Indemn,lor 1 r Inoemnitors obligations unite,this Agreement es they dasom due to Lender.Such Indemndor ono shall not by reason of such pertormano.b.daemec to he aaaum;ng any Ilab¢„e5,bsses,dams,damages and ex.anses shag be lalb.-ble W Lender as Lamers oolgalbns ,eapanalElllly o!Indemnllw under airy Envkonmenlal Lew or ld any mlro parry.indemnilor Mreoy o m e. with s d[hotel..,e inured,car ,t an I of wail n far Ure oceEN appoints Lender as Incemnga's edorney-W{ell with full power to pedant snh of payments a pc y rogWrernen g Intl—sty,a obligations under Inn—h-e of Iha Agaernent as LenCar deems necessary end uNmale ou—is of any Iogallon,claim or other phdo—I g,antl Indemndor shad pay,such IWbiery. Ind-n. bsses Na,ms,darrages and expenses to Lode,as so Incurred beam,,thirty(30)days alter widen noti.from Lender Lend-nonce¢n.tl...W.,a bd,f d—lion of ate—nle incurred 10 the dale N.Usna.Ind—nits shall immed:eley notify Lander upon becdwq aware of eery of the following: of sucn none In adone,to any remedy—table for failure to pay,pertedlcaty auch ennourld,sucn (1) Any spill,release bf disposal of a HaaeN.us Srblenw an any of Ne Property,or In amd.ris snag Ine,naher bee this—an Ine Note default rate,or,n the....nw of a pera,n rate,at the onane calm any or Its opeallens a sucM1 belt,relea¢e or disposal mual be,nppna 1.any Nnl.inlndsl bale govemmenLel aufthly uncle,apFllwbW Envu.mrenlal Laws SURVIVAL. The....mnia contained n this Agreement¢had survive(A) the repayment of the (2) Any wntaminalran,or.nmmonl Intent of contaminali.n of the Property by Hazardous Indebtedness.(BI any b,W,wre,whether ludichl or n.q.dicul,of the Pmpady,and(C)env delivery Sub,Wnree or any—tion of Enwronmenlal Laws:n cann,or..with are—Way y or the .I a deed In lice of l.re n,to Land,,.,any¢u.,n,, b.I L^Mar. The wvenanla Vd,Iored in Ihrs operauons c.ntludetl on IM P,opeM Agreement shell be for the benehl of Lander and any success.,to Lender,as harder oI any....ity ,merest in Pmp.M or the,ncehlednes¢s weed thereby,o as owner OI he Property ratio., (3)Ary'order,notice of viol.iion-fine o,penalty or other sinni.dm.by any gwemmonl.l lormlesure the In,deiwery of a deed n I—of lomdmure .WMdty'are,[g rd Hu—,Substances.r Envlranmental taws and the Pro aV or the I O xLAN. Pa I ION. n b.,ii., oparatuns wnd,cled an the Property C OU9 OVe 9If .listied.son.na..,itF,�vdli,na.,eayen,.,lids y.y,aen,a,d (e)Any lutlldel a!ddminlslralNe nuesllgeuon or prcceed,ng relating to Haadaw6 Substances M 9Attornaya'Pon;bpenaes-If Larder InslduWa any sail ar acllon to enrwce any of me terms.f or_rvrtonmental Levis and ro IM1.Property or Ine ope'alron¢o.nduded an Iha Property Ina Agreement,Lender shall be ah,n.to recover sucM1 sum as One wort may adjWge rens.nabk az aU,ra,d fees al tat and up.n any appeal Wrtether or rot any boun adorn re m e.1 and W (5) Any matlers relating W Huardous Subelanes,or Envlronmenlal Laws that w,,to give a the extent rml Prdh,bnW by law,at reasonable e,pah LeMer IMurs In In Lenders opinion e,, .nerdy Or dent Lander cause to be ob—and!that Iha value of Lenders secunty,West ineraswry at any lime for the Woteclur,of its tntefest or Ina enfwrement ol,le rGhts shad became then Property may be duc"w W—aned or that may impai, or threaten to aapar, a ad,of In.Ind.blednoss payable on domnnd antl shall bear Interest at ice Note arc from Me dot. m Indena—abll,ly W parbrm any of its oblige„one under IN.AS.—when sucn of IF u e.rn ropdd E.pane ored by Sao pI. ph,M w,maut aran.aon ped—nce le due how-I subject 1,any Lmlls Mae,app-18 l Lancer¢ator.",fee n.Lepdera leg.[ aleau W Rasn les ea. a—.u+ v g sae e,uan,r s.L al r.u,wd a a.,..L t+.e d a<y era es expenses,whether or not mere Is aeIme.1l Indueaw,,g e11—arys'fee,and axpenaea for bendr,pl.y ycuFbwda n+Nbnntd'a Me—u b wNch 0 Ns apIXna rl"le na••gteld a$AFWKpy procaedmgs(mcluding efforts to mod,ty or—le any automatic stay or InJtuicllon)appeals-and N Eenmty .Lave art f'e propevey vd yr epeia:da eeeaaccet an rna pfdpuy.'4511 any on !ed post judgment collection senceS,coo cost of S.—ing records.—Vann ells ,xln¢fa f,axlgp,fn,null H 40rnHn M area. earl nd.laa ale ahAea LI awe ,epn:h(indud,ng Iw^cbsure reponxt,w,,yorS'repairs,and appaiaal lees and it,ver,—re,to reports Writtse[ensW�Nf sNxae W,la,apoh. me extent da-Usd by applicable law.Indemndor also w,If pay any wan Costs an—Man to ad other sums pfwaded by law Inap...on..LanJe,ieseivea Ilia,girl to„spat a„J,nvealiyal.Ili.P,amly n d.pe,.—as It Dovemin Law.Title A 1 will b¢ d b ledaal law a Ikable to Lender and,to the al any h r.antl from Wna In lime and Indemnllw Shall cooperate lolly ,,In Lends•:n sucM1 a arnemnn governs y pp Inspeclun aM invealiganens IF Lancer at any Jane had reason Lo believe Net IndemnAor or any natant not preempletl by federal sew,the lawn of the SWW of Iowa wIth,,t regard to IN cong[cb of De[uDenIS Of Ine Property are rip[compytng with all applicable Enwronmanlal Laws or with the law provl¢bna.TnW Agreement has been accep[etl by Lender In We 91a1a of Iowa. regiuremenO of'his Agreement s that a—drip l spin,fosse or I posel of Haaardo.e Substances Crake of Vanua. If more,s o lows.,[IndemnAor anises upah Lenders request to subma 1,the Me o rred on uncle,the Properly,Lend,,they fequire Indemndor to furnish LeMer at pdad,chon W Ine counts of Johnsena owa County.Slate of I Indemn be,hareby waives notice of IMemndoe.expense .nlal suon or a site assessment wM bespeol to the manes of apt""[ 41 sal APdae'aaa1n1 WLbrdr wnCem to Lends, Such audit or.,ses—and shag be ad—od!by a quahhad ronsulisht adpm"ed DEFINITIONS.Tne rallowing Caddie ell wOms and It Inol have me following-..ngS when used Exhibit 20 to Petition Exhibit 20 to Petition I I E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT r E-FILED 2023 NOV 29 3:07 PM JOHNSON-CLERK OF DISTRICT COURT 7,173 CM- Loan { 1 T HAZARDOUS SUBSTANCES AGREEMENT __ HAZARDOUS SUBSTANCES AGREEMENT No: �"r;'�3320 (Continued) Page 4 a ' Loen No:(�2320 (Continued) Page 5 in this Agreernml Unless spedFcally stated to the contrary,all references to dollar amount,shell aunt,in lawful money of the United Slates of Am ms 1A m and leans used in the singular staff Include the plural,and the plural shall Induce the singular,as the context trey require Wouds and I � -� r GRANTOR: temas not othe-se defined In this Agreemnl shall have the meanings attributed to such terms in the Uniform Commercial Code: Agreement. The word"Agreement"means this Hazardous Substances Agreement,as this ALLLN OSVELOTAtylrr LLE Hazardous Substances Agreemenl may be amended or modified from Ilrrre to tlme,together wKh all exhibits and smdules attached to this Hazardous Substances Agreement from time th lame A�1 Burrower. The word'Borrower"means Allen Developm.m LLC and Includes all cosigners and By: co makers signing the Note and.Y their successors and assigns da.e J Alert.IAanrbae of AUIR O Mr Arcot LLC Environmental Laws. The words'EnNronnumial Laws"mean any end all stale,federal end local LENDER: statutes,regulations and mdlnances relating to the protection of human health or the environment, it Juding without Ilmuelion the Comprehensive Envxon—cool Rmpoawo, Componmlbn,oM Liability Act of 1900,as amended.42 U S C Section 9601.at seq('CERCLA),the Supedund HILLS BANK AND TRUST COMPANY ArreMnlmis and Reauthorization Act of 1986,Pub.L.No 99-499("SARA),the Hazardous Materials Transportation ACL 49 US C.Section la01,at mq,the Resource Conservation and ,f Recovery Act,42 U S C.Section 6901,at seq,or other applicable slate or federal laws,Was.or regulations adopted pursuant thereto X �.PMx/V VIJL�+ Hazardous Substances. The words"Hazardous Substances mean matedals that,because of their Tesu Wade,FVP,Commercial Banking quanbly,concentration or physical,chemical or Infectious characteristics,may cause or pass a present or potential hezaro to human health or the environment when Improperly used,treated. slored,disposed of,generated,manufactured,transported or otherwise handled The words LIMITED LIABILITY COMPANY ACKNOW_EDGMENT •Ha name Substances"are used in their very broadest sense end include without IMilallon any OM all hazardous or toxlo substances,materiols or waste as defined by or used under the Enviranmenlet Laws The lens'Hazardous Substances'also Includes, without limitation, T- petroleum and petroleum by-products or any fraction thereof and asbestos. STATE OF :70,.Lr I Indebtednaaa. The word"IMebled-m-means as pdncipal,inl—I and late rasa,and oMer 1 _ I SS aunts,costs andexpenses payable under the Nola or Related Comments,together with at, COUNTY OF J v'w'1 50✓h I rans"Is or.extensions of,modifications or, f consolidetlam,of and substitulmns far the Note or Related Documents and any amounts expentled or advanced by Lender to discharge Indemnilor's obflfim—or expmas incurred by Lander to enforce Indem mnilors Obligations under this This record was a aensed]Cd before me an J�"� Zg_ 20 Z by J.—J Agreement,Iagemr with Iniarest an such aounts em as provided in this Agreent All—Mmsaer yr Am,,,,Dnel,,«x.r el LLC, Lendm.The word"LaMar'means Hills Bank and Trust Company,Its successors and assigns i /J Note.The word"Note"means the Nole dated July 2e,2022 and executed by Allen Developmanl �JG• LLC In the primlpal amount of S527,DGO 00,together With all renewals of, eldmsloas of. 1E15x A.N WxpE Notary Public in and for the 541s of mollification,of, refinancings of,consolidations of,end subsbtulions for the not.or credal Nelaxdsad•Nsa Mycemml.chnaxplrx WkkjzraS agreement Mf Cammr-inn Eapxea a2lb)n+r Occupant. The word 'Opanl"me r We individually end collectively all persons o enls occupybg or ublizing the Property,whether as owner,lenent,operator or other accummi, Property. The word"Property"means ad of Indemniture right,title and interest In and to all the Property as described!In the'Property DesedptmW section of INS Agreement Real Property. The wads"Real Properly"mean the real property,interests and rights,as further LENDER ACKNOWLEDGMENT described In this Agreement Related Documents. The words 'Related Document" mean ell promissory notes, credit STATE OF 1.1414 y agreements, ban agraw enis, mvlwnmental agreements, guamnnes, security agreements, manages,deetls of trust securd deeds, collateral mortgages,and as other instruments, - )SS agraam,nla,nd doorm—N,wham,,now or M,,ftw,xiating,axacalad In conna.uan with th, COUNTY OF ./Chwyn I IMebtearous - EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT,AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS This record was acknowledged before me on .T[�N.]K 20�? by Tease NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE THIS AGREEMENT IS DATED JULY 28,2022. Wade as FVP,Commecial Banking of Hllh Bank me Trv.Compen� INDEMNITOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. ^J• ual.n E,Aae in a lu Ina slate at y LTNDT MILL4t PIN.My Comm gN,ga,aarn.'� la.lm ex 1�7Y'y� Exhibit 20 to Petition Exhibit 20 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE � � � ^'' F PROMISSORY NOTE LoMB Wr4 Lp N.Wry WIN,llo in No: 2321 (Continued) Page t S467r2379B fri.1d•70T2 M•27�aRa] 27TB uY4e1 'Yl99 T rrw r,.w.nwa Lyw rrri+w�Aren•IY.aal.l .4 yry ayrbrYMe WLweary y.rp.w.es.�a'm' NNerellraamine R.n+ern..uL.-Illca.xrJL:.- wq%raeArrdan axwztle+.s..kare irrYa, F ILA e.tl.ewq.aaua.-mazaFanw�r:Ya..rrlepvl«F.wlwn+hcil[r V.u..:tFw.wJ.Hamrvtt+Y Airs rrAr.rcnA _ . .•+ �Y.z va[..a wreFr. m+rr.-aa or k.Y:a[�Jo-..srl...r x...e wr.-Y ea..nrza n.e.:.. Borrower: Albnomb yew • Lender Al lar LAM iryµ[warf • ms-U.brow tr � I boa.Ter Au Bw]A7 'M SOUK 011e.n f"'r . ODYERNIND TAW.1M10 N04 wal W pavame6 w I.d.nl lex aDDIw,Ob m IanLAr and to Me.cl.nl nN Yeempled w IVLAnI nw,In.Wn of Iowa CITY,IA 6pTN 1]1 MW 91n.L PO BOA ISO IM Sob 01lowa wNaul repvd to r[onecb of nwprnblom.1M1I,Nolp Wa Mrn.cuplatl w Lenar In w 9mb of Iowa N..M,SEJ6 • r CE OF VENUE n n A II Me —.1 Bdlro'a<•epre«upon LeMe(a rcpunt to suErnl Id lee lursdMgn of Ne roans of JMnwn County, (B00)AA65T26 Slo a OI Iowa R10wr of L.1.wkw.•.pwmea n aepeam rw beer rrwa.lapae x a.."101k ywY. srA Lv'a+MaLN« Principal Amounl:$467.357.00 dµ44 heir JUV 21,zg7 2 x�„�.•yMxexA xar a:dv.•cl Ba'Aw«lunl bear�'.�..••a.r.enwroYrre w*d...rr'q Ian rbFwn•BaI eaa.nx+rry<.nl dCAd Hn]A KIPrHr.mw•r'wrM aerArG L.wyaee]rla.arLo w IHP^e0aa fq eNOLwa 10 ear,awn oL.arrFrr uC nearlebrzry er.�r la an N ela Nw aAe rryr Calraa!{ywrrL b b.w•r r rrlb Lrwl Po•Nu-rwra�ne Br w«.n w r.rrr pnra.wra er a:+Aaa..rare.r p,ap rx aasun a V.woo do N^P•'m°sas w,Ywar.sL tAYY.a fare N aArell[w w FnaLb+l r.n d IwI N..rwe]+.elawn Tga.My lrra bwraNa fL;•Inw■RNnw Wawa vM rRrw+Lenx-a as as Lrw✓aaA..r,b.[rrxs.rrF arse x r.m rsalwrrieeall Ie vakp LFesn e+a-r aW nve'+ L1MTr]aTAq M ee wrN w w«b wurrra,uYtrw.wl hrnAl n w urrw a.blaeSM/rAr4M IalAwre p npe'iwaaw COMA COLLATERAL d m Uus panpnpn tlIlrlNltl ar atNrrMa r i IYTGLff CALCULATgN 11[TaaLq'pMrnN w4]n ANlrar Ir NANW)L Fw nr�w.rrraxCOLLATERAL Borrower e:Am+MElws Ina Nose n wcmM oy utl EA1Na rnmyape dA:ed 7aeR073 on,Lol Ap LpmmulNry New Pan 2 I:y.rw.MLwruwrLrN ab.err.aaraw.....r«reMa*e'a Y.bAwwa.tA.rrr.atfr Lrtlf4rr xMrr L]Bpl Lv:nmoNd onr<,Iowa cey.IA szzas)euN�mlad eu«anN delve ulvzDlB plJx.a J.aan. ra wwwwwr�+[dEaT xFIG ttaAtwraeelrA Larla�rprapT,t1r NAa rvwwAe Lpey*aln NrnBL la..wal.l Lnnw.f a+.•ab bapw rpretla.Bwxw.rY AM weed PAn"T.Mar..Nl INf NaLlw r wrlbrNaxeuuax�.Carr.rle es a;4r..+.wAL MSlr+rµN 11,auL IIrr�Y. r Ala.wwm..AL.arwwl rreY e.a I,eL.nay N•.o.rtre by prey N►N•v.Y r w a+.tl.a w na r+Y•en .yNy Aayrra W YFrNILr 4n Mf�ntL ntl ar Ldr/ariro-Lrrw.wnlolun abrrprA rraamltraN.ra�rllrrwA. raeYela'+Y sedan ep rrAw r rRaew•r y Lwr r r.Frew b I.rreah Ma.a..n Nr. Is. raaM WrWL raq OIAa•Mrs x erarwaea klarrlrr.r4.ara Lair dkcrxoA r al.l.xn w Iww"Pill w II a»�wrwl�wMrra:'k°wr ane.e.d b A11..1t a•rAa a.]..nra.agro.n Iwf.1>M Lrr Nb.w N.!tow rewr.e6n l«rxarMYa aOeba Nawrerrar Hw4l rtlwe atra as•"- r�14r4gebM wrilMp Y tln•'a.wmaA lssdwar.rawx WeraN s.rwnF LvM10Je•b rwNfaM WrrNb III- MAXIMUM INTEREST RATE.UMN rw dnu.1—will W i11.—Cale on Nd Non e—W—L Iv eny MBIIN-L-—IM1own !r'wiahLF w FwYlrl r bw ralN M Ikr bWwl rwla.11lFLa.Fwtrk IrM.]rwllla learviwbwa"�!uie�ae FNavl Ne nerd'of IB WOYr per roam N Me m.nnmm ran xpwed w,pFACINe law 1•w rn neLNll w Fe..rna lJ.a o..nng al leer ra4.wta rk eerrw•W w.ww ra.n r rNbl b a Run bN wNA I.rlwn rR1NaT CAILya,AT1IO11I NENtil .NeLLe.lbgwllllr ke�atl wa]llrlM era:MN 4,FY rOPMNp Ma nuo 01 Ma Innml nle we r„eta%ppT a WsCosLrRwn 1,.ne A CYslrr ARs.M Isla M M aura rirr NI w ].r Y aw bx.aalµraaN AY b.e�taaaarl rKNMI rL.a'rr fr.leaaaF by MF,mutl names of Gaya Ma TH.-PH Wbnc.a WIro b�"aWl]a 1:a NY N.d.'I— bw vF aY lwr•��•Lp�awi-M 4Fr ..aatlallrp.Y 1w«rAa M1rLb del wile.a t6.4AwI.wI N4 rurrwe u e1mAs.Lr'.WwYalPer wtlM CM Lea eeO i�V wWM flsr gYlT.Nx'lr.W drew MwArs eN w.r AM t• PURPOSE OFLOAN Tnaettenc pmDoae of Nia ban is 1,Md ,ofwtt—e{Lo14OCom Id,Now Pant Ba1mn'er aplAer /.1 rW^eeSr FaAba'K Bahr rye+.L O r a rxua M wYw1A aaraL p adrdelae rae�vea LY nr. Lldx M w Le•r.Lwy liyyap roar Paylw•� /e/.NNOS i•seW lAaH a.lrar LVw NYea IA^lwrwr-a••a n[C iyaagrtee FINANLIALSTATEHENTS to p rmW I.—LAIN le.eY eTl LUN RmenJll rlalemenb and tier rc4led mromulgn of aurA lnOuenua b er i.eer7 r ys¢I�,run.pefYwf++pf Il pab [e k cvr4e b nr Yard"+'•�+-—1.1—wa�+"sr vw vnE In suN ECIaN as LenEer mvY reasmalry reSoasl ro+Cullr'olew..rAvarar egwa r.b.etl Lear wPM`4'INRw bs].z Artl',1.yawleam.v'.urwe+'•I.+a•1 sd,r..nr NPTIEE. 7A/ET:RERO BlFORE NO.IIIE TEflLLS OF THE LOAM I{�REEu1E1YT S�ppVLG 6E READ away NfBbrrL Lwrr�+L aeeWY�4 Ya NJa•er. Awf en N.rr.r3 ad+I.a1.v r.n dn.+w m F+I CAA4FULLY C1Lu5E pF�LY 111055 t y�wR1TW6 ARE rtil L A RL R 1P D. OR IWER bL+ar Reber a..!a L.vr rw.•. teary ore.a rr.l Nlw.wl Pfavla SES H i OONULWFA IN t�M i0.AGREEMEIR A'IE�AY LLY LlffQftCEll.60AROA'ER «w41Er.e 1 bM w m,4=:Y.-yawn w 4u'ar IB.r�a H r uaal. I.d rin.v.r eroe...IrL r WAY CHA170E TlIE TERHB OF]y1E�I!�GRIWENr CNLV BY ANtFTMFR EH AURfEHEH1 IrAlaNal Y rM a11aeLlwya Naga.rl Lbrr Caul.w Cn.H«rll.nx K< alR few CrraaW.AIIIL rlrq IplO[.Y]] BUCCE660R INTEREST£ T.krma of Vd[Non Nep LA NMinp upon BY Cowie,.nd upon Bonowen nun,oersonrl regrenulrve, Mal.9tmi it,Nu70H111NIA 61p]6-0100. UlE CHARGE II I pays iI M LAY.or more Ieid,Borlmver will a c ,ped 5.000%of N,unplld Fond of Ou bpuNrry lwid,d urca[[en nd—VI.aM AN 1 hu a to l e w e 1 of LanWf and ns wcaswn and aMi PAYmwL NOTIFY u3 r eY.CCURATE WaGRWTNIx WE NlLeltl TecOT Ull NIF04Tb0 AOI.LCSl II eat'WIy I.na.r,I L.nar INTEREST AFTER DEFAULT.Upon d.rauX—d Mi—to UV open I mH.V,M.mbn.l.1.en N4 Non LAIR N—LAW m attelc Inac nbmrtu��IonowN"Aid.µ 511.LO�rNY^�aaarrF!6r•o•erl MT.M•M.M omB Nu IS.000•A.1.1—paled on a yUI of O00 der�Dwewr,m ro ewnl will Ne—U.nb A—d Vre mAenum Inlereel A.Im«eor3 S, run e.anoule M aBV rl.Mer of hr aaaR•••1.rya. rC 1 l•aaaa A.In lYs eyrery Ilrx 1s1 Ibur SVeel PO Bo�70 NiK IA53a]5 o16p IlrPeaFk l.w. CHAeyp Tp BENEFICIAL o11'411,re«Furl...w1.—Pli,, 111 F1dili—Ill .a7.Corp Wrow 11,IWt I Naw«prbx DEFAULT.EYN al Me IAp .naN cen,lmne.ne.,M of*401'e—H of CoLA-)underMd N'ek HI14 rN aM T.It CanpanrrLraBa And uD 10 LAa brrabwnFr+yrWn.RCWCarle...ewJRrInNvnWu 1 lurrr....Id, Plymnl WNuX Bmower lN4lo m,he.nY DlYmenl wnenEu unardx.N'ole Mr Rrp li'pd— toe HUBIBInY Ind Tr.AC�rFNrr wawA to M.Inlaryaee pb•IY.a. od, W.UHA Borrower Lid,1.o—tr WL,orro ilo m.Iy dell lenn,oaplllm,covewIt or oo,,r w 11W M lMS NIL.min Cr]RNaLMCY1F1014 NrypwanaladLiYDO[ale'YeniO.aAl qy{N Ma1KI NR mtNLr YaaL L—eBrywal YFllTp anollM lw.lx dpwlaenlS orn mll`plY wllnm Mpedorm enr'mrm,odspalan.wYenanl Or dxrodlon[doomed many OMel eOrwmem uY aieY dlal4,tilNM1rwa Y.%I lY SIIY ralllY r[ara w'nA;oDIa—All 11Mrfa.r]Yl9eru iNlas sr•rp W^A filalYWai YNa r n w Nwvear•OMA•rrw.+a'rILLlkraR bT/^Irr ire•�N aC�wf+px walNrp .glyrw ww.acEwws meld,. le41a w wb NolHb Fallw C>ro.Y r r!4'rera►Mar]rAwr NI..+oslonawn kf wee ugeq.yarn Wrmeee m r Cyr w nwrrrl eIl LA" nln ye.Fr.:r-I —f..ru narrr 1'rnld�^F aw hlr I rgF•zl'vrl P. an.4ra.wa•A.Crew yf gnYvd•u afrF c�rnelpL.upe'uswlmeF maur.fra6zF.re�+b•w.wopenY or r.la+elruwW.al.uww.pLalTrsl y�rer plod lrvar..msIF WVUnwesrAsrraL aV lw lne�n nrF brrsnay.rrxlr.+e-•I lwwrwre opgrm[..�ne•a+7.prany pl ar...rrn dR[rI-I.� .`'..il.nlarr vl l.ra.r raxr nr aawlLr.•9r-.aar�a+.•IwraraLla.pw narae.el.r..Il r.mrl Fewwrrewl/Nrwr•+rw.«r.Iwa.a.rwwm.+w..wr..urYra.el we.a.rl.I Ns.w.ewr.m.r 1 are.rue«NII.LKa w•r e.a.w�w..w v..Iec,-st[na wr it ao+Prw rwrr aB..w .adr�e+wr.r wYraM.YrMrA Ivxr.Y.eF�m.aew.,A aam-.w.r.er r e.•..1..o<w.�,rc r.r.-.a.l :ern i I�•>'l�.Ixn arMnye:•asan..bY�eyLw HlrYa•Falwnre.r....ealarra«:v..rxl.w,rne.,nr•Ianerye klar,D rowDearonee ltmEwAoxslL wouLO IArDIu7Lnv AU BIa FFlaemrsa 7w ro7F.walFVArIL UN1�7a 7Na «ra.xq w w rnxn.A owe.Carr ne.a r w un.+aLa o LwrasNra a n«eb utir Y H.ablYrra aL rF I..aw+aw. TE:n a Na Will a..na w.hlanr-TAe OrNema d LLarrLwa•Ir.fav-•.a a++r�i'Y NrFCn b oC'a^Ia w nase3 r`Y r,Y-ar'rW W.a Ive BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROW650RY NOTE ANO ALL OTHER OOCUMEHTB RFI.ATNO TO FBISFy,Cray prergrvasa-d lYvrd.r•aY•ns a,eSY•:e�^aq a DM bR.x arTtseel.Y. .I]q 0.W7•p. THIS DEBT. ..npwno-.n c r r.p.w o Nf wire a le.•e-w,weswTf.F.F etLn•n..n fIr w Ir.lr u e.aw�..7Frti a erwee wr.e,L .-p.r••.N atl abOra•p udr alY Iwn]xr Y awaAr6Y rLArl eT Y egrA•al Ra.».• A61tn71tP' Brrr rr F di—FNNlH-i L Cs••+a- 1,;a fy.aW,wr►p`.},wF yaq.aeyr,r^.Frr w FlaarN bla.stl i lw. r].rw.aee L•w sorer RA W w eve pycAq.W. Tr a^Y gn..rafLb pile.ePuu aeyrw"A.sl+i oa Lcsll s.ORna•nr^lar a'rF.La—VI•aat•wrCa lra+v wcsalaysa.+I,nxsuwr .T.a ENvx p�Naryl l3liNpLVIIpaLLLlre L(e be beeNkrp alrfs•rYp trlL+a sqn lHz�q[•�i sxoary iorr i.ND"Il wWnwm l.Aq.vr.AY ]a.'F'�alr�vxw v fw�.c+das sR n n arw e.rlrr.w q 4.+eer.w n w vlvema w a+-p an.dar.n qc Fa«upon;Alu[M1meM Any encvpon w aXarAmenl i.bvk0 It'-C In0 Collibnl,and.uN e,aelLon N a ILL—li l b ml wl aaee b,.swlmn I"PD)LAVA oHor Ne swirl n bnM CWnpewlwtlyrF.Ya MarAa1A A•raa+�a'4.wMrleMn,waVwpLgrOegWorH D•N=nNNasaMNYl adWled �..,� .r ._•_,.�..•..n.r,,..^�° or mpb..e.ftNALrwsYNswal ri MaibatsypT.+Irw olw MaYre-2w I►law Y�aeYlO as do Cl CelunrY. .._...,r...,-._-,..�.�.., ...._-. r•.r ttuW n w rw14/Bac+rrty,rer r n...,ra Y L�zwinp rFsa.s vrrlJabn p ppe'aaeum u etenpra Def-Unar DON,Lk n Dal—A LAI.WI orcule wider eIV dell nmlrpape,deed of bull al—In 191eeme11 rovenrrp e1 of W DNdon of Me CN41a1.1 —alitrs ILiN aaaow7 ae..'A«q w.•.pw tl>w[a•rp.M IwLe w awry•a a•!1 P+re.ar Asr w pwrarf/.wily n.e4+p der.flag wa ads.Lr Cara d140001OS CpayL IW e..r w AAALt—el DrrAr b nw.-..l lLmr-fa—1 A to •raxmM tpyA L.syY-eI•awy,n parrc l]01 rAs winwfafYvrbee•.rna Ytauu will xlrtll or —.1.tom dNan lend. IAas aOrztlq pwMwr.a•Y.L r.F+rrvq undo essay LAN mp«]to.nI FIYFMaM.n nY Oa`,tl pbanlar,aryl-w,wnry, d wm+*etkrn FaW'dsrt'N'w w vaw7 pJylrl.or ant Deer prwww,rmwa•.w.le pr aaral.rapdrn poor .gro'ra noblo[IAHL prr.Rmp 4apAvl M1 a]I.Fr aad Wbary uMel.ear WI VF Iq Ilra r4.41aW.r.r,nTa•W eY Inn Note Adnn.eM1.np.A makrRl eMone oNalpe ocwn m Bwrorrcys Twnaol coMNon,or LeMer OaBeve.Ne proweq of ttymenl or DedYmenu M Nr Nob b Yltle.ed Lun RorHlan.II.Cry LAIIwt OIId,Man a od—h paymanl.I[wined and�I BoneAel re roe Peen polo a ncnu d e erea;dr OI Ne 1BI mwlne,II doer LaMar wnJa wnwn ruAce to P.R+Y.«rrw•+NmNwrn rNri'lrl nw«fo irraw sob+•war iKl.era mdFil iwsAr ra]..w moo Nan w.e 111 d.vA Ywra.sary..�NAA rae..ncn I..Aear ea.m n L.rwn a aH eerl.IRn r r wAwM 10 win M w4N bW IF.rev.r condnrm and lYAwvA a[N nesLb7rb.rzYMalHw•Cr weLa,..Ia Cool sO�pnCStl NTS.Ryon dalaue LAnde meY dedarc Ne enlne_HLI DrMdpll F ko nu ulcer W.NI',end aA ecwetl unDle mbrcel mm.dl,bry due.M win Bdnawer LAM Dry IM1.L amdunl ATTORNEYS FPPSI FIIPENSES.LaMar may W.Y p.V Iemeonv ede to MID wA.1 Nu Nab N Borrower 1.•rot pay Belnwer w0 p Y Exhibit 21 to Petition Exhibit 21 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COUR - '. F �." _ E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT c.L BK:6410 PG: 996 - Reve eded:ITIN2022 At 48.0 Al,]' County Raco ding Fee:$ 240 !curs E-spay Far.13.00 Combined Fee:$35.00 Ray....Tax: Kim Painter RECORDER Johnson County,Iowa FOR RECORDERS USE ONLY Prepaad Dy:Jan Aunan,Hills Bank and Tm.l Conpeny,131 Main Sirn%PO ads 160,HIM,IA 62235,(8001445-5725 FOR RECORDER'S USE ONLY ADDRESS TAX STATEMENT: ur,r0 ad.:.n, Prepared By:Jeer Alternate,HIOe Bank and Trust Company,131 Main Street,PO Box 160,Hills,IA Aft-Dtrrlepx- bann y,IA Snipe! 52235,(800)446-5725 RECORDATION REQUESTED BY: Hill.B.nk.nd Treat C..P..Y,Scull..bed,1.1 Basin Sireel,PO Do,160,His.,IA 62236 ADDRE65 TAX STATEMENT: Allen Development LLC,PO BOX 3474,Iowa City,IA 62244 WHEN RECORDED MAIL TO: M.Beek snd Treat Company.Alta:Coo—then Daft,131 Male Shensi HW,IA 52235 RECORDATION REQUESTED BY: Hills Bank and Trust Company,South Gilbert,131 Main Street,PO BOX 180,Hills,IA 62236 MORTGAGE 11Dlr -This aecngain pe.-el✓e.e,ml In Per bi e f SUS.00AC.Lam sod ii",eer up as bass, WHEN RECORDED MAIL TO: eacw do GZ....2a and 6na awe.Ip N4rrAanrle ro,Mee endMn vn.n eawvgwany Hills Bank and Trust Company,Attn:Construction Dept, 131 Main Street, Hills,IA 52236 sN-Mof-swan{rmermn'IGaanr-lwabears,en-A son IN elua:ppe.The,-1 of ao orr.e.lwraal..f this akeeee Ia.rsd a,Aare f mars u4rbe I s cement'seats. oen 4 Ipup va cuss a of this naloasr Tne wy eNLONeen tan n lava en papa 1 01 the Nedaae. rh w«r..,ahaa�,erlee.e unw k«w.n rAM t afar Mddease MORTGAGE THIS MORTGAGE Retail MY 29,CO22,m meat.and—4ad balvreen Allan Ddvebpmanl LLD (retained to beidw.e-Gnnlorl and ales Bank end Tn.l Company,whoa.addeeea b 131 Mal,BueaL NOTICE:Tlels MD"age sic we"9"dtt In tho amount of S565.000.00. Loans and advances up to this PO a..ISO.Hill.,IA 5223S Par-"Io slow a"Lander) amount,together with alocasl,pro senior to Indebliednaq to other creditors under subsequently GRANT OF MORTGAGE For valu.W cdneM.aild,,Greater modgegn ,it—ins to Lender and recorded dr Also mert8a6es and Rein. grant,Io Lender a am,*Interest Is all or Oraalore right,See.end interest in all to the foeowln r demni,ed nal pnpady 1.9et-Win an aeistinir or subseauenly ended or eMsad buldinge. The narFe3 01 ad 53ranm to [aorllntmes'lOronlory can urul be fo w pogo 1 of lhes Mortgeyb,The names ImPn—Is.w rwtee.;'a..ab W."'all aa.emam.,aghm or way,and appadenaene;as of all Cromeee[epOt014a0a-Lender')a sh be found we page 1 of this AAalOage. This property address wale,,—,or row,walemawsaa.rJ mid,deism IlneArdbip sleek In WliNes will dell,or Inlgahoe ran be fALUW on e 1 0l Ihla M a e The I dWilpl:on can be IDund on dam.),and.II other rights,eyebless,and W.Ill.relating m the—oneeRady.:Chiding vnR—t pazJ 0rt9 9 piga t Ot This emeaeon au._.I..dd,sae gedthe—,and slmlmr matters.nne•Tial PnperM9ld..led i r Joh...I Mortgage Tie pplCal do, numLtr can be found Orl page T of tNb Mortgage. County,SW.of Iowa: tm 40,Communly New-Psd Two,Iowa Cry,Jaheaon County,lava,acconany to Me plat THIS MORTGAGE dated July W,2072,re made and executed between Allen Development LLC lh.,eef ne-.d M soak Ga.1.9111 S.Plat Record.of Jah...I Count',Iowa. Iretarled to he low as"Grantor)and Hills Bank and Trust Company,whose address Is 131 Main Street, The Real Pnpsry tree.Ohaaa i a fli sepal,a»n YMeaWn G/ehye�;'ir,µ 12241L PO BOX 180,8111t,IA 52236 lire irrerd to below as"LendWi, Th,Real Prepedy abral Ida,Mrteben nww N Da1a2560pt. GRANT OF MORTGAGE For Yetuable,conFl arauod,Grantor mbrtgages snd conveys 0 Lli ar,d FUTURE ADVANCES. an PpGRce le,ill Mm t+,sJangage Reor.a as ksae.araXee Irani W gtards to La ldor a security IeIL-01,31 in aw of GranlpyB sal1L OUR,and interest In DDd to the folle wtrlg !anew.I�-wneerr e'nv1 111 ae.Aec..av m..1e pe.awi m e lyowensnL sp.adc.ry. tkseNeed raw raP6'rt.tOgNher w11h aN eXHOn or w time"-4a In u»ax see rime en w er.aeq.ld weefd n e.Npy,r khra dtl p Y 4 "UMLUM r"M or olfixed bu"s, amounts LaINar In its Nsc Im may ban to Grantor.iogellu r will all Immnat Ihereon;however,M rn kFsp*Vernanl6 and f,AtUleS;rcnLS"THOfds,ON eaSemeAta,rights of wDy,and appunPJeance9;ill evam ahbe sbd,l m advances teraladhg letamal)s d In Me aggregsk SM5.000.00. water,water dghls,wWercour1s9y and mleh rights(00u"S100k in ublllies wile Mich Or mSgauOn MIS MORTGAGE,INCLUDING THE aSSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE III and all om0r rights,"AIDES,era preFda relaUng to the fed properly,Inciudlag wlkiaul RENT6 AND PERSONAL PROPERTY,a GIVEN TO SECURE IA1 PAYMENT OF ME INDEBTEDNESS limitation all minerals,oil,gas,geothermal and similar matters,(the"Real Property")located In Johnson AN O IS) PERFORMANCE OF AW AND ALL OBLIGATIONS UNDER THIS MORTGAGE THIS MORTGAGE Ia GIVEN AND ACCEPTE3 ON THE FOLLOWINO TERMS: County,State Of Iowa: PAYMENT AND PERFORMMNCE,FEneM as other ifi a pre adl In this Mortgage,Greene,anal pay to Lot 49,Commuselty,View-Part Two,lows City,Johnson County,Iowa,according to the plat Lender an b—ta.scored by M,b+wn;.ge.a May bamme it..arel anal abbey peddrm air of thereof recorded In Book 66,Page IIS.Plat Records of Johnson County,Iowa. Grantors obligations order this Me-;W The Real Property or Its address Is commonly known as 3891 Winnsboro Drive,Iowa City,IA 52246, The Real Property parcel Identification number Is 091825BOD4. FUTURE ADVANCES. In addition to the Note,this MOrtaeae secures all future advances made by Exhibit 22 to Petition Exhibit 22 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ' E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT 7117 MORTGAGE r ' MORTGAGE Loan No:[,_"-,.321 (Continued) Page 1 :! 1 Laan No;f-- —Il (Continued) Pope POSSESSION AND MAINTENANCE OF THE PROPERTY.Gmnor agrees Met Grantors possession am Mhver to Lender celhhn es of coverage Irom each Insurer conlamllg a Llpulabon that wveiaga ...W nr lh F err+be g..ena a Levine mrarraaa feel s—m MNuh I fps My won nor be wnwuea or eimngnea without a minm.m or Ian Itg)ears vier wdnen seise to .XwIrNnLL aNak.ka.a^e seer f PM 11 n.ova Ireeouea ■be uses M Lame,anti not wnleming any draclprmr of Me insurers Ilabiury for leisure to give auN wbv. 1"MILea t11 Awro'evn.P7tldlrfL n pope"nth ses Fs exevbpak Daryesr as llae•f.d an laea Each Inewumbe Mllry,also shad Include an ensmau ant providing that w1rulp in le—of Lender Cos.znbie •AS 17;eel AgrXagmel Yrb n deVrad Is`,I Opp'Fapen We M or eab.a la1 cr n4 W be Leased w MI qry of an,Ma.ereaMh w debul of OINIMMa.eel'enter,Dement. of P�.rty you W e•Agdpeyrar prae6et udaanda ion CW:Wper ST0.,&I Iil nneio M.lea ProW Ty W le W n an eras—Tie of W we s uraaaANo 04 fn.F-Wer Poaaeplon antl Uy. UnnI he uccurterrm or an Event of Delaull,Grantor may (1) remain In ;na•Wa'Eae'�ppkp ba t myeq,pr Py-.ys-.yT I>pea pre y e.fs+s.N Ilu 4n aa¢scry a W posv¢sIm and c.npol of Me PropeM:(c)u.e,.petal.or nonage the Property,and(5).0- Law"ma M.P.*kNe'-d Me Ines.up to aIis raavrram pea y-vit w l from fees NoW.al Me R.u.hom Me PropeM FHm M--.P,¢g—e•a.pMe.rse rgoep Lip fardae v le Aynwl pen w.ar.eca re, Duty 1¢Wintarn.Grmw shah mambi n Me PropeM n Imenhbh cm it and m—I perform e s 1s—el Iva Min.ryad reeraeees may sa Ou'uh sad.na.s Are I'monat Flood k4apdea. .I r.- lL rr{yL�rsrds..rle nWrirrenu rN[ -I ovvefN.sL veto. i4ap,frrc xmf P..ale Insurers PfrrM,s'pr••a4 Wed insura.I e.den,rof by aupca[Y Wave III eFaawI Yu4ifrre.a M—rpmeaar.e s•a sva-eenf NMf Me P1as'mf sass N.at awn av Mpg liflik Lama, in and*Mucat u ay.I—hadeft her W bee cadr I Menefee'd:a WM` r.w W sa wag as w vtMI rp.alsl.1•,M sea Pnpamy1 sssd tar M.resonate -111sahan r Larrdn M Ile.Nr¢daeiw w per.r.ned by eLe.wb wars stead Itlaelralw mvagfe—:.M.N.Inot" 4,m1psear.inafr(a I"v—rBrape d nr lfaaeldl� lutes and regulations A bsueee h 11W yl"W h—lsy Levi ymdy.uEnlvp L,,MM W We a¢sep V Lend.r.Espen h urse. It am anion or pro awhna is mmmenred that would materially affect sheen ell bat Pair1N to s Lunn 01pMaeu.and haves se LA-W trva deers ARWINI.aa 4 Larders Interest M Me Property or if Gmnlor fails to—ply with any prwtsim of Mls IA¢dgage or daMenaee(eaniveMaeI of eM Plewy selth IAIf sum¢^o.qia T• I'lle. ILv'em—W two arty Raaaaes Ike,~.RI Wr IvaT vmYO bD'a eMI 1.•Lc Ip pWwps or Mr,s G. .Ydtaa era vyvlv.f lyaa bmw pfins appal W4H b nPerr'TI'w m®OIAgn M MA— W ahvarr4 Grasso.Ise'ak0 to�fupr p Iary eatlel Mn Awgsg.a tint 1te'iM tx.rar b.apTl.L Iwo tee aswwp a<¢Dar c aNllr ry aeon Ir a,re lTl a7'aa.fee Owrnfnl..tt x an efaw"V4 b.Aat mry roe ye¢d net x osq+'+d roi taAe r astern mw e M,.deNne.as I,eseI }.Larne venal rrry w we e%e,ea Aer sTp.s poA�v!Imm. :e.w•'dee-n app.ipI en ib P"evalre aw pan",a.wins W.nNrrq.Mliit+re av bbrJapl�au.pr.p.d by aNPa➢s0n•Tn..bgaeen brdaw.y a+tl tfenPe.rpe.afrnr ur ynfm+i lea MWaRs AIL sjen pops—.Hoed a pod by Lvde•W urn-M-wqt mr-sorate and Pe wpala n&M LMM". run vat MI."at IM nr err f/ierM Iw•n nrfn s•.ea'r•xirwVn Pal W teas' 00116fAlh7Tplt LOAN,The xpp..emlw WP her Oce'"Wa W d'.r plan AF rl Intl`III¢f he at deer IX Iupten. 1pY Oranbx"an aeP.nLn M oeWI •P.I.el she bs r,IN-,end Ness 1, d,.dfY n Liaale hsl ft-.NF.LId1,10t W 011i XDay n nrl.e oestle alp at L,,o optq^.b(a)a pvre r an den'asd,Pe hL WIN M Iles r pr In.pNee ud (d Yee ce a-!a- o s'e W--aa wart spy a 4.1 I'd pyr`c,LaspzaMeOu.d.lvy enlyn sr/avLeL n pareypgn«von Or wwk. i.nha YIA dsa11M 4dI plru.d.andP ores aeons aM is:a0.e m pf grry' e,b.'aas PNrI•n le]Me M.y bon pa Me Ayq,u 111 n c0eae•e+ra as{wra mrs'dsra rangnelry Irearery b your Mel ate.lsareL paan6 by pea aeit9 se al"yLan ph-seh lsfaaA u.d New a•ec.0ty& eb f1b..ai.rleniW Lwelpp.elmf rs..Preeey aw an oh".. seed.aKL—r iron N a s ccoea W Iw ralnarn a" sari rgu'e aranp aysank ca WI Mra".'sawe. G suceftad by mr.•arad ari& pan this Data,,..ng,.f Title.The followirp proviclons relalirg to ownership of Me Properry ale a spiv ffT4a ,*Iwo W 4na•emsxVn Pmpnu rep?1ti aN yrrA¢inns deroa^a^lalgn as pen of lni.Modgaga: Levrrap,N.a..i.IXy rv'ipea Tfpe. GlonOr rxilp aRfY HI uenlx N.i[X 9.N and Ia1 cs.or naeW fe 1•. Ogg ON SALE•COMEW n LIEWDEN.s Tarmry.al tasr a WPan.Mi aeplfJ.olr 4-Met PloPat/ aYls).a.Yr�sy seer Pl a.VIn arc rrcu�L«•s.err nun fMrr of Wn In aayea r as.,oar your.b.ba 41.10.vap+fM saes v—fin,.euMa LAMMI omen whgpn ft IremL Isup,d arMA— a nay f1e rrwanu pgf(T.IAa rrb.l•,as Prw Nak epees of y c e,can a av A Parp.m'.or•M:afreX.e 6 M qr.l aea➢.M A^aL.e w Me s•fevard.asd.:anped 1 lend«r,r,a4,a—awn on tam.1 (el&sett boa fecernxafar.a.cv b,e0'•'•alsw+rr lDed f^.peny p py ngry,W.r.derp es Its Ilv lgsprrtlr, .e 4rrPp,prwret,T.�varl f.vsew�e tlr+.a e.a Ywngeye M Lesions:anti(eg lee �eaaer Npe.EnykDp p syaeNe:f.teMaadW'4ry P.aeasaaaly;sheathe fly OytpM Mis,eM14 ea^a PA'�fAswi an e�a•.sGpa N ten reLerlM U w CnaPfer]}SNP.knv Caw nae.Rnsp sdt.O^M¢cT.LLnd rann.n reretW qt ease,L.r.rnld FAafrpe iagt d Itrn 1/a4t Wv SWgkrteN,is"+W ttweee c.r.vinuFw•I-am'aC.srl.MN o'n"le O—t.= ..LD)ueaa say cPpPP[ Mck.01,aYe. tlr b.nsar darn Ya.f.I�f rnl.rdf Ind ..d uyr.rp•.aamsp a,eimvC^w wear Iwrrm,saw aw(arAnK n sin ar rdTa m a myLmr uaax esW�1 W in Ile Ref PLope'Ir,p Ise wvYtf ehrle s*20yfpawsix Yeelesi ¢rCrM•r►srs is InlekixarsaNi9 WusW W.4 p r -.Vase n W atinal real n mp Asa INupeM 11 sale GxrAf N f curAa..poer,pwrarLllpvl'edNtl IvsbAef aWaa..'1,arasaNr enaurdaa`a aa•G I.urfaAisp eI Nis Npsa efM1F IraWle.f br 7ar,drhax r eeharweal)u arq larded,era e.pey.a a•¢wueyd.an11.Le.Pas we WM uilrea fe b M.M ap`YK p JVIIvJa y o wal:p d r•ps Hen Ii.al Paeaain(TYFh r/fti aeg+5 Leak I.eNivt►F ayPrpsb each—le.dabs.M,e ors¢r�,rAeOa Wan am-+ors ova aweI w1¢ww.weW" x PfwO egefy=11 iae—As don oL.^vylp veaeuerPayef.IYawn.e,O.a epwn Tee. ra'aw+slaa eaNMdu' n.rrr.e Me kAWx by LmM•rrnap saw dneply.kderery H asmee.d by a+neat dw ..syala Y petell by gdeMl all p ba bra Lary. nar.ayyal sly rym ql Pe atcx.pif.eel veLartrb ar lanL eyfaW waerYN TAXES AND LIENS,The following proymon,reI,bng to the Wear anal(lens on Ure PropeM ere pad of Defense d Till. fw!(axl b Me eyceplion In M..pr�jrepi.sew —ant.else w1 Mic Mortgage: forever 'am the ear v w PropeM aq.naf sin y.aV rtflre.d dLa..rar. feas,nael. rpi•IPx easel P.r inters due rare n.1 name"m**aah ve]� sass,L that FWI Peeorh— II Grantor Pays all Me Indebtedness,Indur ing without limitation all there apecdl rare.aaL.a&Tafr..we.olue se..sae u enew s fe,a]a.y w cis aovanrzs,when due,an oMerwin,pador.6 ell Me obhgausns imMsed upon Granlm under IN, eeena9 of m.PyeyMy-de¢wit pay wl..n due.v. ly v.pN miss en e'1.sa•egro Lex'WO,I.by abaa a.".N d.sdu.C—.rnkber.abakdYPr N ton Wier and m.aa..rnned roMe Peprwrf.mums a s,fe1 vaaarl0o P<dpelry l—m. ran durable NavmamW IPnarwml M ac',`I.LOWIff La—IN,ale nVenffy t.a~a aeeurny .Jrnp P,Y prae p K+L m,m nl.rsha of LLe a.i.e treat Mrr>1T.pa.—01...Nita Nns "W=M r T"av K Pa.faeW PNI 0"as wan pry,ff..'I by tcdaaew law. .punkas!pya.a>ti p uI W LaM1i1e-....asps W Lna A.d oven.v yk.teceret fat eery reasonable lermlnad.n fee as dMarnwad by Lender hom time to time aw and.."I as oherwb.p-mats M true Mmerics Evanls al Default.Each of Me following,M Lenders option,shot oonslllula an Even.r Default PROPERTY DAMAOE MSURANCE.Tim Iollowmp onnne ns release 1.insuring Me Pmp.q am a pee under Ihis Mortgage of this Manage; Payment DWILIL Grantor rails to maNe any payment when due under Me lheeMed...a M.INensnce of Insurance. Grantor shah procure and mautwn police of fire Ma n—with Dehull an Other P.yhI Failure of Grantor within Me ame rp,sed!by this Menage 1p er.fd.a slntle¢paearag'a aMc¢esara a a ra13.raaenf¢een 1xs1u N.;i nevi eLN vrlm make any payment for lazes M insurance,or any ohm payment necessary to prevent Mng of a Prs+rq p Ieetva10em m vee l[n PisasertT e•.n amp+N al�'f�.+.n fo sane yc--ni1. ^as.ry or to effect disGurge of arty lien law tlLftLe.rJ w+h.nbanly aeaegagae raaw n tear of I:: ul.Z,M.af M pfp[.ar nTa—M,pafwwruw gv.nl..bsey wuranda.ill Aepyeag.arrpup.as La•Pae omen Default.Grantor falls to empty wIlh my other[arm,ohkgwim,covenantor condition tint II II.N w.m 0.*Lang rr'..¢.1 A0.anN-We"n ucb lawry n seq.Peters. can ained inthis Mortgage ar In any of he Related Decumenle. Aade—asl Crs+M yap er.eari Linn slew auaprxa ar-"pat reel Asap Ip Neenah, DN.un In Frvw.1 Third PaNec. Slwud Gmnlor d0w,ft under arty loan,--on of medn, pday.ss inta."hon µt ej W.--atwr t.'1uy teQan.Parana.hat M a- DI recurily apraamenL puroNaae or eaten ogreemenl or arty.hear egreemenl,In favor of ery pft, sls,a:r,.res•Ai rs w n ass idm x mry b.�MMWy ImpuM.SO t»ay.Oraeka sva. CredAa or person the[nay,malen.y Had any of Gmntors propeary or Grantors aWy to Exhibit 22 to Petition Exhibit 22 to Petition i t � �.. F w E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ( - E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT `— MORTGAGE Loan No: — r2021 (Continued) Page6 Ior vocals any oulomo0c cloy or Injunction),appeals and any--ruled post-ludgmenl MORTGAGE I collection services,the coal of watching records,obtaining Ede reports(Including f laWsure S2s21 IConllnuad) Page 4 ' , reports),surveyors'reports,and appraisal lees and ktie insurance,to the extent permitted by _ applicable law Grantor also will pay any court costs,in eddbon to all other sums Provided by repay the Indebtedness or Grenlaf8 eMllty,to pennonGranIPYe obligations antler 9 Mortgage Ia. or arty releatl tlocummL Shortened Redemption,Grantor hereby agrees Net,In the edam of foreclosure of this Mortgage, With or Insolvency.The dissolution of Grunters(regardless of whether eledlon to mnllnue Is Lender may,al Landoes dote option,elect a reduce the Woe of redemption pursuant to Iowa made),any member wllikkawa Tram the limited IWWy company-or any other h udrokion of Code Sections 628 26.628 27,or 628 2e,or any other Iowa Coda Section,to such tines as may Glamors e,le—as a gonna Inmuse or the deal,of any tmmber,the I-,Wmcy of Grantor be than applicable and provided by law, the epp arum int of a receiver for any pad of Grantors property,any eesg—ork for in,benefit Miscellaneous Provisions.The lolls miscellaneous rovisbn6 ere a an o!this Mon of creditors,airy type of-adiW workout,or the mmmancemanl of airy prmsedfng under any wing P P gage: bankruptcy or insolvency laws by p,,g,l,d Gnnide Governing no Law.The Mortgage federal will be tithe law by federal lad of Iowa it Lent r and,to the Beach of Other Agreement.Land.Any breech by,dW raker any and of any other agreement extent not preempted by IThis law,the laws of the tenStaceb of Lander without regard to It. between Grantor and Langer Mal le me tconcern wiWn any gem nor ptoNtlnd anon o, eonHlea of law provisions,This Mortgage has been accepted by Lander In the Stale of Iowa. edutlng without lw ether any agreement Wt vsrnly eery Indeblednesa or other obligation of Grantor to Lender,whether existing now or leler. Choice of Venue. If(here is a lawsuit,Grantor agrees upon Lenders request to submit to the Ev.me Affecting Ouelankk.Any of Me preceding event¢occurs with respect a in,Glamor jurisdiction of the courts of Johnson County,Stale of Iowa of any of me Indebtedness or any Guarantor am or becomes Incompelan4 or revokes or Time le of the Essence.Time is of the essence in the performance or this Mortgage dink,les the—oky or.or risibility under any Guaranty If Ina Indebeddess emitsla Lima ttary defaed,saw Mtn t Wlwt hoeyttwl neatWt avC dGetW Iwnet Release of Rights of Dower,Homestead and Distributive Shan.Each of the undersigned hereby Wine t norm d a barn at me sari Px s a leaf Mmpage MMI the Weeedag relinquishes all lights of dower,homestead and distributive share In and to the Property and MNe Ob cmlu in .,ad cures✓war,ekrr Lemr,sends wren cram m awe waives all rights of exemption as to any of the Property. If a Grantor Is not an owner of the x'ry ws W wen ds+asrt.ra. rs AB dnaa'+vnvw crag It)ears r Iq}g M aw Property,that Glamor executes this Mortgage for Ma sole pu-posts of relinquishing and waiving wxm 4e+e Man ctvl Lrl 4Y/f.Im+Rdaslr/—=Ums+><'.n Lenin'derrn.v s,en 1 such rights -aacrrsn tar N aualW is L2 ii m the de'av4 arc ewe m.*.a[ ii, see H;¢s A Dennluons- The following capitalized words and term shag have the following meanings when eabr d ireernq airµ wfae.Ia m prows.eamyetw as ram 5y practical used In this Mortgage Unless aped ally sleatl a Vie mnlrery,all references to Boger amounts Name and a.m.alea on pdaun u shell mean amounts in lawful money o1 the United Sales of Amdm Words and terms used in the p Upon the occurreiwe of an Event or Default and at any tree singular shell inctnde Iha plural,and the plural shall Include the singular.as the mnlexl may require eaakr,Calker,al Lenders apllm,may exerose any one or mom or Me Idlowlnp rights and Words antl terms col otherwise defined In this Mon shall have the mean 9ttribuled to such dies,In edarmn to any other rights or renames ln—ad by aw gage s e age Aeelkee t%iholetia— I#Iselr vied eke pia lithe al he option,one,&N ay required Hrma n rho talcum ComrmPlll Cage: netlen W Wla.v"aka gaups ad wry I—Weed,te doe. the enure Ind... . Bormwer.The word"Borrower means Allen Development L-C and Includes,ad co-slgnrs and Im e4laWfy dee a"d Weale,reeAEing q•fe""and Parsek-tut Caaetgr would be required co makers signing the NOW and an their successors and assigns th'm w1he;hodimo-encovi"f,bar iremis hacinned aff asoctible lum' Environmental Lewd. The words•Envlmnmenel Laws"mean any and al state,federal and ucd R.medles.won reaped to e11 or my pad of the Personal Properly,Lender sham have all local Modules,regulalons and ordinances relating to the protection of human health o!the the rights and remedies of a secured porn under Ice Unllorm commercial coee. environment, Including without limitation the Comprehonswe Envuor menlel Response, Judkel Forseloaurs.Lender may obtain a lualclel decree foreclosing Grantors Interest in a-or Compansebon,and Liability Act of 1980,w amended,42 US C Section ge01,el soar any pad or the Property. ('CERCLA'),the Sumdund Amendments and Reauthorization Act of 1986,Pub.L No.99-089 NonjMlel.1 Fordo kka,Lender may emros,the right to r",I aal Imecloenn pursuant to ("SARA"),Ina Hazardous Materials Transportation Act,49 U S C Section 1e01,at sear,the I—Code Section 654 to and CmvI.l 655A ea now enactetl or hereellet rooked,amended Resource Conservation and Recovery Act,42 U.5 C.Section 5901,et agar,or other applicable or knot..d state or federal laws,rules,or regulations adopted pursuant iherefo. Other RemMlm Larder shag have all other rights and femeoles provided In Nis Mortgage or Event of Default.The words"Event of Defeurr moan airy of the events of default sal forth In the Note or avanaba at law or in equity this Mortgage In the events of deem,section of thus Mortgage ysle of the e,.the ro the exlenl prd.1,by appkmule fightaw.and k:Mreey Landes any and Granter.The word"Grantor"means Affen Develo I LLC II riphl w have the Property mvahallatl.In exeroising its lights and remadles,Lander chap b Pmea has to sell ad of any Pad of Me Properly together or 11-kety,in one sale or by mIn nle Guenter. The word'Guarantor'means any guaranlar,suety,or o omnmdabon party of sates LeMersher oe antlued to bd al any public sale on all or any po ork of be Propery. any or all of the Indabladness- aecem of R¢e rile.Election by Lender to pursue any remedy—11 not auluda pursuit of any Guaranty- The word"Gus only'means the guaranty from Guarantor to Lender,Including ther.knedy, d an erection a mere expo dkures or la We i dlan to mi form an dudgeon r e of Gnarl,uMer this Mortgage,ether Grantors failure to perform,shall rim aged Lenders right without limitation a guaranty of all or Pan of the Note to aecme a dehude and exeic,e Ile remedle, 1—no under his Morgage or.,he...shell Improvements. The Word"Improvemene'Rlea all efntirtg and future Improvements, be construed so a,to flmil or resbct Me lights and m—es avarado.to Lamer following an nts. u he word 'rlorwe ants' em Ina Rta ng a Evens of Deleull,or In arty ley to Ink or r,,hill Me lights and ability of Lender to proceed Ie�A]roW ny, Facilities. sodium., dlredly agetnat Grantor and/or against arty,Diner co akmr,guarenlor,surety or endorser andror 14P4,z* a h and other construction on the Real Property, to proceed agensk my other constant dtrecty or Indirectly socurIng the Indeblerm— Indebtedness. The word"Indebtedness'means all principal,interest and ate fees,and other Atmmeys'Free;Espiken.If Lender Insulates any ,it or anion W amotm any of Me terms of arrounis.costs and expanses payable under the Note or Related Documents,together with ell this Malaga..Lander shoe emitted ened b recover such sum as the court nay adjudge renewals of.etlensbns of.modifications of,consolidations of and subslllunons for the Nola or cable as allomeys lee,k flat and upon any appml.VAu%,r or not any court Oden k Related Documents and my amounts,expended or advanced by Lender to discharge Grantor's Involwed' and to Ma adenl nor prohidilad by Inv,eII reaeon¢bts ik,,v s Lander boura Met In obrigalions or expenses incurred by Lender to enforce Grenlore obligations under this Lender,oPnbn xe iwm,mry se any ante for are prplecuon of M Interest or in,on!ormmant Mortgage,together with Interest on such amaunls as provided In this Mortgage Specifically. 1 ds Note Was femme,pal of uw Imair leas payable on demand antl sore-bear Interest without limitation,Indebtedness Includes the future advances set forth in the Future Advances al the ph i late hem Me tlale of an c—,e,lNu III my Eni We covered 1, Ihts paragraph include,wlMoul Ilmnalion,however sub)ed b any Ihrdts uMer apWmble law, provision of this Mortgage,together with all interest thereon LaMar,moneys'fees and Lender,legal expenses whether or not there u e awsuil. Lander.The word"Lender'means Hills Bank and Trust Company,its successors and assigns IinNtlln9 alldnays'fee¢and expenses for bankrupk ce y proetlIngs(Including udlig efforts a m Mortgage The word"Mortgage"means this Mortgage between Grantor and Lander Note. The word"Nate"means the promissory note dalec July 2e,2022,In the original principal amount of$467,357.00 from Grantor to Lander,together with all renewals ol, Exhibit 22 to Petition Exhibit 22 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ; E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT 1 PROMISSORY NOTE dncprt LONE INN y"ty .Claw No cA,.- ueamE MORTGAGE 51060 DOO.Otl t2.77.2Dit 1T•7f.IDgI IOW +.rase 522e 7AWAG! Loan No::jr2321 (COntlnued) page rn•wea to Aw i.yvea re.rrl re pvrwla - I.yT,.pp[aalyeam araaw.,W a[nw>w aeerr••�,O rrw rn extensions of.modifications of,refnallnings of,co entl SubsIllWlon9 for the Borrower: Allen Develapmlnl LLC ant Lender: Nllb eanY and Trull Campslry eDlidations of, Pe 3e7e aouM ollpert promiseory note or agreement.The malurdy dale of this Mortgage Is July 26,2047, l we ciw,IA.2w al Main elrxl,Po ear'So heeenal Pmpe14•. The wrorda'Pltlenol alopolTlr;Iw%h H eWIPM1a`M-A%pW48,and e?tll le old -a- WISClea 01 W wM pfPParly nelV a nmeenar dT"Ol by OMM1Id,antl new W TreWeA V aet+cbad lr A1Ltee to va Reel Proill Eogwo,wah A edttaasNrlA Pyle,A"tomblinS to.K Pdnclpal Amount:$1,360,000.00 Dete of Nota:December 17,2021 nyenslmnta of.ark ie lubal-4Edaa Id,E^Y W alaD1E pmpelry,Sid TegeDsrr rrAO J=pwceede IRn,a7E TO Mr.ra+Y.e,rawl•wres4e Yatlm✓]rl.rwnmav la con sex del lsgf 9,e,�,�R•aMi A drew,nnw er.rP (.Ckding w,I}Icul I:maaan pl enwarlCa Pnocoo a 414 Iowa of Aril el hem ova*a r w IYww Evra al.wrca as errerod warn p ne.aarw Iu..It,.wa-I,if«n,rrs a bYLpp yees'a ril,>•eI Ml w r. oNer tlisp;n h of the Property u+ar M aaatwe rrq rewteewgYwel,yq rn-rIY,Mrr W �Sid N aeexlwe t w TrCElT IALSInw�N+vtN wf,n arwLl nMl ltsa%rsr„a+ ar« Prop.rEv-The word'Proparly'means collectively the Real ProperNand the Personal Property set---wmn.er.rwenaneaer ra nLx^tdaWxea H., lAa,�rµ�r nywgr..aaa an vr.a+re e.-Aa�+t��w INTERFST AFTER OEfAULT'xcllon Real Property. The words"Real Property"mean the real property,interests are rights,as .ATVENT,epq.,Y,w Eq PAe pas Male/upnwn arae<W+urrawa lr^Lual l%,ru[reM,ee,q aptly aDNamy ar,toll M further.de,cnhed In this Mongege aaserrC ewrw•.alTy lbprtlr.w.rr xasw.raYMunr ny,+-- de.xal..eaexa.rt scot,rrruaK Aar ta,sera, wewaNnYartn aa+M„la1.MlM,e eae,w dvr r...a xeriY.a.a tux lairs apwrWaapnnr,r[Wvary ryWraY Illaled Oocumente. The w,rtls"Related Documents"mean all prpmlesary notes,aedd M>yppwa+a we raaarwwwew.,.Z. wW Lawltl.relrva,vwA a�WipMrL wer,a ey,r swat,waa,ry�Y noeemenis,aJin 1gr[Emarde.a .moody egh+enrng,gI1PIaWles,aeewt7 lgrMmmmle, rn eser Hs xr.eru.erl—IXnam l+lap La4ral L,wn,anwx,nwm w„a bnav4.gea,dleea of uml.E/cumy I—$Dpkalerel MOC4Y/se,and■1 l la[eNDIePlnls, MAXIMUM INTEREST PATE. Under M drepmebnu,well Me inkrovl nle on Mn Na#eviceetl IezwDl Iw enr AgMr tleM1u0.nk sh-wm IagleEmente arA tleplm".whether h,ow 0e Mrearaf lmpolp,trlleilted M vowncli wM the w. Ilu kr[e or,e ppD%pe...... Me me.vn m role allawee oy ePpSuble law Indebtedness INTEREST CALCULATION METRDD Inxrest on InM1 Nme b rompulod on.]eerlaa p,vb;IHl b,W aPPA'ba w nib of Inc Inrerx+reb Rents. The word"Rants'means all present end future fenle,revenues,Income,issue, 1—.Ala.. I payee PQbd•e Nn Rpu 4 cwIn,P6 ua11.1 ra�N,n 111pe.d by M[schist pumper of Ceyr Ma PriniP+l stun.n fayallles,profits,and other benefits derived from the Property PtlEPAYAMNT.Pa1,�M ei-rn Mk tl YtnLp,•lI,IMp,raa Frq eeyee rf aallN Vfxol M,<ca cl Ybae,s wf,rlaLM aw(ru w LAr, ws*,ry y[...rt I•r`wal.cr.+Y r n,we N/.+My<wx w✓wafa rarraN N I•+mL'rMx feast aryrny.Wno—n a,y yywwer perry etx asawamew x+eor�ite.aal.nrnegr.Lerlf avA`ew,.. earxa GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND b el Et fn nrq r,+tat 7arw-al d ewn..Na iA1"—n T<al.w w weNa aM`r•1,r.cwe rrwr ayleu RAyer.ray GRANTOR AGREES TO ITS TERMS. a rwax NPYawr TalpY er..r•!'•ta ry Y,+btw ar/srrrwa.s Y,e auw.�.mra -•a N MNral`irf ay Aalw a+vxa•i�ievs Mr.[IUla ptwrkbNrw uemaV ni a�wa Auh,,Welryu GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL tr Waryw,aa awaNae,re sent inW.lw Nulaai larrrAarearMw,'aarwart7yh+renpunl awtlwwlb nwP.e wlln pM« OTHER DOCUMENTS RELATING TO THIS DEBT. «ri,pewwn Yua.YawAM,InaPtN,wtd__,r erwawyw.ne m.4 awl rw T,aw p.ryrry,Atrm era i�Tal ar+N Wr;refx YEN4.M ar 1-elM GRANTOR: —E CNAROE 11 p ymen.rs DO da,.w mwa ble,Borrower wYl pe Ia,ecd e,vee%of Me unp.M porllan W Int npulary wradulsd paynleN ALLEN CEVSUDI lou T LU; INTEREST Al Ell MIA.I.Upon oel-,whorl!ledura la I,upon final molrmry,Inc,opted re'u In Ink Nola".bn'r.—Io to ,9.Op0w ttr arm.m Cas[d or,a rev al J60 Cean.Fbwevar,m no ertnl coal ew n'wx Mu.teed Ne mevunum inkroM rule Dm�nWna sate kw By: BEl.ULT.E,N of Me blbvnr,g vAeh wMlilub an tvenl oldebup t'cvenl of Delaue�uMer Mi,Nob: JeefaAl1ae DEMIkpPlEnt LLC Prdmenl Delaull eonower isle b m,v,any PaYmenl capon dw oNer IAM1 Nok qAw Deualb.Bormxer lals to Imply Into w to Dedwm any Diner urm,ppaeemn,coveMnl w wrWivon I—in Mb Nou w M any of Inc nnlx dawmvnk or to ronplY w,lp w to ICwm any urm,odpalwn,wvenan:dr wMewn conhlnetl N any oLMr aq<emenl en Censer eno avower LIMITED LIABILITY COMPANY ACKNOWLEDGMENT owr.Ira..wrE.ae rarwe ew.ow[r e, Darer �rax,r,v r.a Yknekn ee u.e wwv pyr L�m...w �rv,Ytarx wear eNn aple.menl,mv.r sf dry „mW mayor« air al tlsrawen reperry ar e.rV,else,N ArT,I it+lw`w perorm lar,.rra rlperaP+M as Naraw e�of er raYY'a 4n,ae —1—'Uw� Enriranmenul Delaull.FNure of vnY.,I to—*wllh w perform when tlue my term,cd'yelbn,cwevnl w InG1bn conWnaC In STATE OF —L t any[m,rowl•[nl.rayemem[.[[Inm In ra•,I[onn inn dry lean K aaYOewTtlrcy.rvea<.w,aA rxi+a-r.I wau reatr .E,,.r[es lalmeu rae err.A.n atwr,.ar.re )SS a:a:�:.try ew oLrrat.r.waY.wYA.,.mr.rLiai�.P.rr..+p mr+r uTn wYw.wr..r.arArmr COUNTY OF T�hn S'O✓'l I w:.wf�`r-in:•r-t,n wrLlei w.Y.ci rer"alveiu+v-anw arc•.,a+wpMjaaw rA Yy lwra�MraiaCr W ew�rx^w T+a.W+m M av+.[.fwOLveas y.Irrcre OertrNMm mrrtw a cosset,nr nareu.era.eAf Fr •v.Y eanrs[•�.-xe+m nrra.ex eK•ww se a Cs^9 c'eY•w H a•.r.r•eaL eti wurr,lr Y l6A'ww. TMs record was acknowledged belore me on J VI`i 21 .2D 22 by Jeeee J �++nen,[b,al sal sr Ca+'e+[n rrxrr.nl xe�d 4r ve eanW of raeavr.rggry dorew w+xl Allen,Member of Allen Development LLC. -Na-reY..eu-ti+'dr r`r p.•yr�atr••aavrrea w•a rlrwy.ylwuru.,r .dlul 1 d.a n... ,.u—. n_Iw n w!,rtW-prewtdmea...M ,dial w�.�,—Ir ry v d darter pl oe tY pr•a'C-""M tierce gaaW.v nestle ItvrY IM Wr a larau Na•r of Ve•ran•auv-+e,wary<a-v.a wwl,r,wm yree Ibaaw.=.ErNl er tHYn uaa TEepA AXN waDE Nolery PubbA in and for 7Aa Sbft e..tr•.I..t•.ara.y.WiiCM.n an�La�.r e,+t+Ixr rm�.w��YwwsLrwrnerr.pa w.w-�.+.rHww.a•pw«e.w..owr NPWIdsee-bee My CPMMaalpn eaPlrea zlHt EuxS ,wvlrt lw as sac onew.a'=.arty nN a-•x-aaa-..ye ov t�'a•.we,P,.e,e.LaaP.ry..scope• Cvmmbabn a'I]l 1 dry CmwL,ebe Fapin t.1ell i�-S [,ecw x,:Alu:nmtin,LrAny exwean pr allaNm[M b k.1„Qemel IM Caln:enl, w eracnment a rot,el Bake, dnNamx o,auYvtl wnMn MGM Ism sera soar dx same n Cnlwaa w beer p M1•R exekf,i i+y rlwge N N M;116nerice or regWYin or anAaYsr wYse u,L•cu^u a41#x edople0 w[+Te�,�w WJxiMM Ww,O uaKs,+ar 4.rratiol lM Ctln;eral,,c" M.oree WAeW Na oa er Collannl, vs aewfpr,w wlalr wwlrN rs+vnrnue<eN wuTcmy orawnrerneKx nLfveen.ttwAale. _ _Wl Under h Lren Cwum[nh.F delaull ac,a,uwYr any oNer mprlgape,deatl of hose w v[urAY,OreemeM Iverke vA a very i.etdPfp,Ver. "r 22-i3O Gef Cape,P' ro USA Cwpwa 1W,M22.An Rgam "e" -IA Pomon of Mp ra'av C OASERPROWARLANDICFIILPLIGO]FC TR-119708 PRa2 A.ep-try •.Iearrr ry e,'•saa G/e.'+`A,M me sworn ad tnrgx H tnpy pl a La.ryrpea br Inp Peym:om of moray Ye�N.pe�i.[•eenEal IQN IV/Y+nIHYYFPI AhhkI MtSO) Nan a,a We oallYaM.eMne or goo uMeraw1.U,a vn�wn[n eu ju"rtw nl[ ELNAI Mrve6wawaT,a,.+y Y wA prvecp naN oar,rnlh nspecl to>n10s'aa'sw.w!ry p<I yrnYr.eryr,r.wrely. rly v aepar,�icaryy rw,e,L awrrpav Y r4 t,1 e1.-ft.1.er aEWY undo W. F,YaYxlle J. r rFLMYseaao'rnadwL 1, Non ne CAenx.Aunpa�ed�cI-awn'n ewrwera Mutual mMman or Lent«Oelnrer IM woeraq of payment w ttrbimenl of LW NLIc n M hr,rsMw u area b+e<-Yaa sue.ea•Y n fwnerad•w can W r.t a Il�,r[a,rc:ec.."I••uu n•--H r•e I.e.se+tol ace Waal w e.rlavrEYwn.alamE-.e a lea+r arrwat Iwae.n-.•'.,e.Aa....aa.�vra r,ep a .r af'wrysr,lawfr e,Y..l IY awwwb.r,p.krr A+a Fll<tlLplfal et4✓~I,eAx rr=n fa.Ma14 N1a wr�a✓nuwwara as+tsaYr,'Ka kA<�xaPva ea-n,-e,p nrdl��6 WvltYreYtr[s[hMa,/ Exhibit 22 to Petition Exhibit 23 to Petition I i I I E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE :;•,i j _� "_ Loan M e- 2307 (Continued) page 2 � `�'-� ' -- - CHANGE IN TERMS AGREEMENT LENDER'S pIGNTS,Up00 deµuR,LeMer may d,2,W W11c uroad MmcOal Wenu U-1 NIs Mae,and aE Y 0 u iaf Im 1 MlaH IGITS,a man d,f,uor wal ,NeFemoum _ IduO Litt MalNrry 491Cre ACCOVDt WtlGr ATIOrNCfI'eEEl;[arErpn Lerr r.Ff I•i.rlYr.....eew I.rq srn n.la.rewe...,.Nw IMaMw Dvaa.,,wLa#y r i1 :OD Oedl4027 +a•wr� 77D7 St20 TAWAGE LYw vw v#NN iPn%M/.lFAwwnryReb,^eaaa♦wvo[aa.M,l.+Ynh FnmrMyr•fae„Y WAare lry r�w•,Ar.w^wwv ttllaaesae nv.Nnn µa•Fr roe..wkw° :•i wYa•.v,•n eze�uwm.aaa•.n vaF� ,qI Wa+a,l...rR a,JNr wXllyl lzw novaµ ReN•nar[�n aea IFµ FwvRw fn wF,rearT reuF:n l ''v arym bnarh Y���NNq�;/„ AaV yyu Ff Yd VplIeNNALO•EaCkfH•6f�Y•Yaf.a rvf lM[ONtNza.N.!atre BprfOWOf. IWr dvebpmenl LLC �LentlarMu N163vM aM TUIICmrpany OOVERHU G LA W.TIIH HOM1 will e.penmM py letlenl l.w apppuNu le Lewin.ntl,le N.ed.M nµ prnm,-M federal I.w,N.ten Or Iowa AIy,Y 6]],J a]•ANarn3E.1S,PO B..te0 No euu al Iowa wllnoN rpaN Fp G wnYCM1 of Ipw wpvl.bna Tn Ma Gen.ccegeO tY Land<,b W Suµ PI bwa. Npla IeDD NN531]S CHOICE OF YFNNE II Here M a lewun Borroxer wmr.upon LendYz Na—ro arAmR la Ine ia.Nw<Ibn of Ine wurM1 of JMrNpn County, N of Iowa NdtT fU Sl1M.Sa iy aWFL S,w�F lr N„AIM R•,lawn wnea•fgl,Y nrlrpn AElyaaN,aaRaeea wlh law l+Twi'e• Pllnclpel Amount:51,380,000.00 Date Of Agreement:January B,2023 w�+I.rurLev warpn.n r L>m.n,..a.rIIaTH«w.r..•......e,..rs.,.raa...n.F oncrrlaor aulwl RfTwn hLortirwe.n.I.:a+I.w a.rwre..w..uaw.rl. L4.F rlryfr zTM1rYYMlt eawre Yp NaArxawr,dOpGYFL YLry raN NIe NVIurop WaAd Hrewwad4 INTEREST MTE:The lnbnal Rebm Na Nple WifeNwOw loefu.d Rue aI6Y50W.. Iw a n.•[Y les.rrr�zleE itecal .aY•ypp p5�}LLv,YcylrF tl llFM a+va ulro In W lvdewvel.Opar,l w . wLLs,l.s.,ava..yea.a.nwa.«nAaxw T]�.L.m.I.PueaeaLw.racwwarewan SI,T Ferpa FYy kA1;n.1Or.Io.—,.e wr.prepn am�ow pavmer:r nY4 prr.w n lNa Frgrale 51d60 OOO 00 59e;pM Lne d Credl a nwv cwrd Cunwl Garm la Se,JSO,000 DO Baal III,Nate M.—Id by Ri EFNIe LANIM,dMild IWI aya021 M,Lott CDmmum}y Vlew Pen a TED 41atlw SYFaI I»,Ch�Iw S]2A5)6 Aa.pnmenl pl Ranh daNd ta/aTRD21 an.Oa61 FaarorwR Sueel IBurldiy C)6 UMMIw Guaranty OrpnN LwnAmiunT.S1,360,000 W 11F0F1 A'Mzn!A n. C,,. e.l Nme J.9SO%FIXED alamy oat.:1a11-2022 rr.Na.w,v AN�•GR[nraT Taw nnslnxwLulr+vAFr.dMp.L ae.r.Nnrfw.mr rnaar nl paw.rn.w.xna.wsl.,F ennla w[..+uf.a,Iw.p.d.Co.a.Lw bF1.rnn,e _ Mr.w or,.fer,.N wpr n Yw:.y raw+t.a,.ww•a� fxa apar.L.wpMNr_9ut-a v pmasa eM layn IY y p nrmra 10 L#eefra Oe'p alrlwa tw]n 1wa PadPaYdMofnM.S.O nSwo.nvwr nwWr wpnrvl.prypa.� yIaa v. w a u,61 M I——a- I, m u Wl,rr mm Iwnnln ryM pp.wym p,enYMm ednl,uo fw NOI ewwa Nunnwdump MpMrin,ntlpI Ue uq.U...aNA revw.p.dw uwnwnll dd aInM1n.rGnpl rennn lnApu pMuo.wl 10ry,1]00.a]]p.]aN, tlo- YYIIFR rncawM nrY.aW]#roar afd vNw EaFµ K GaYeM]N.azaelnE Yal•M r,.,, wnnall,un..RuwlInlrrwl p.Ym.nMron.au.vn Ina.wn.d.v el.ssnmPnlnallyIGI. Gant y,ti•.rw1 NH0.aw MLM�wIlea Null Oao►ItwY,Il+uNw aµr..f M.re}wa,k lti Aa#dyaFYNn. ININN•e.Ya 1EREST CALCULATION METHOD,InN,nl on Nu b,nNcempuµdwa]sv0e0 GaN;Intl la,by,pptyNq N.rane aflGlnM1nHnM w,r wawArhfr,,.Y{aall•t.rPo pa•••FpwwY F.w MySSwApre,a k.vwew.Renwn• .�ye.r 0]Sn d.n.,wiMhd 1,Ne PUNMMIy pn ]naS Ma.p w a ,P4—aen w•r eWpVNra,lraA A apuz Y p rA[1F Yrt u ayn eyvz fA].Iyrp,W n a rr1 1.l balrnca,mulugke by Ne.cWel nr�rear of uya D.plwiptl Guns•IF ouM1urrmrp d ae NanpUW pry#y pll d DrwyF aYwaaL Trlw E�•r TaIF dp.#ywapv Ip.wdr una.r W.u.n I,zumpul.tl wup inl.m,Inod. HaH 11 0 Ye.Np,M W Fey ya LA peRaKGN A'awdN.Flweh er.1,l MGa w by +Ya'L rAl III F d IQ w.y NO VAu�ITY.Erceol nz e•resaH mar'Een ey uu Apnemmm W I—W rx-le--D.-er wy.vom—.a w wawa eeumrp lM caquar I——um..anpr�ew In lop lone enL eepq wam brGMrr IO Nn Ppreamenl was w GMaM1 rp It. wru Podrvmanc.of Nr obapatbnNj n yea mr Ddwu rhN b wY.enY lulm tluy.N bans,NONnp PURPOSE OF LOAN Tne awn&puw.e of Inu ban u CPnelwnpn of renlel S-Du.It ld 2 Cumnumry View PIT 1 I]]et fYlgwk N'�c Aryuamnl w+ll mrN.wb a wddpruon q Ine Pdq.wNsl.11 Ia Na rwn:m W Carew Ip resin w eaWe pmrea w won.w St" Bwd'np G) erlEwsen al lne pnpFaW wnw'+arEfL rndpanp xFom noaalon perwa uNaY awdYb sYn wdV Le zVrx-Nnp.Xrti FIHANO TENENTS.Bprmwer wr.n to wwbe LeMarwrm wren finan0el auiempmzanO OlMr relPied nlormw.nµ zudr lreauenWs wow{,rrduamp �� ,rti YM1r lalrawahwl,r of llw llpwrw. Rpr.N wNp ape{MpbY EEtl,pa m.uan d.udYLWMermaY reewylyy repuwl xes nor ppn NN Fpuaa 4'r,L ■7,•tny ayrallpWrgwwA�y��l�a PrFe ro',YvtFrEFI'�Mwpred mqa m ova Hera entr/uulul„uafrioam�uanulgr�of MI.II.raY wlf N67LCE F55 HHORT MT-R�r��p6�}T7aMP� M71{Ma�plyly�f�EB T! 5 0. M,�A LQ,LFt AGNE£f1EN[5g BEOUT RCFo nrd r arrw pnrlo �9 ,LE! �.FMra b�awaawrevGee..m.clrne µfly GSP1Ali/H 7HC�TEAM OF}NE L6►fi RtlAFIYEf T�kI�MCTMER6El Tim L FWWDWlR vuxRp2RxF�lFILspatCC 1p15Ll� pHOTMdFE 4Wp S�YTxRFfF� TOULD BE READ ATw F6�^ 6G RypE.l� S�rlpOOR ORRROWEn SUCCESSOR INTERESTS Tna bane or We Note an.0 G tinP.np own Bdrrwver,and upon Bwwwefa neln,Porwnel Iegezmlalraea LMAY CMrVifrE TlTE SERMS CIF THE Lr]r11i,1F6RF[AIEiIT ONLY 6Y lrllryfHt3�WFFrTlH AfFll! /EI ENT. naremNe newts of L.M....rN.pP� am.Ypn, cwrvpnokkL.MaDYAne FAwN,Mr au rrp.e.Fte...ww>..r.,,.L.�s•r.aLmF.k.k..a.-cwl.rnr..Lwlra..)a..�,. NORfY US OF INACCURAIENINFORMATICH LVE REPORT TO CONSUMER REPORTING AGENCIES Baroroer mry,roliH Gram it LenEer alc..l.ow'J n f ix�.r ax ar�M1Y Er.�w Trnl[� an~ �r ��'�! rcppna ana'Inacwrau InlDrmatpn abpul Bp rweaf.N—ra(n 1.A carat, ,N,.In... ,-,—I Wnllen nol¢e w>u.p]+rpL pae .n tep.lf 1.,1 wLtiti•eyf+LE'aO:.MY Ytin Ta,.,,N mpry:l:tdY.unarl t.V,,�ce�Or,,a NraGeetbLSrri it-~ apedre rararyl:vz)I—na a—ro Lender el Na lO add,..H;µ Banx and Truzl COTOony Alin.-n SemPuap Ow:t y OWYIEfIFuwdmn xwuxMFnrwr krhnleMbwrnb nywNf MYi.p GbwIerns p.orNn reel,PO ew]O YWN.IA 52tS5-0160 mm exA ] LrA3 ryllullwv. OYIw)iS,10 IYtYF L OWNCS FM ILl xwydaee.,ra[ M.Nail PvnvnA�raYw Gbwlun —'eaWTray Orwary Naas.enauP to 1.1.il=rtennwrwgapN,nNaN a.Ara wFrwol lnI=..111 Ch.rntmWdw NrYMan�lq wl irp4Crra,rry.wr.M end uD 1p tlelawW.FW..7 bWtA UY mMIAa,,. vld,d Nal rtwwyn,lAr,c.NYrLIf N'aGnk wNTuaICYti..1••WeArarFYYv r-k+m.rran•In4 r r'Y'rlaal•Pn•T,P_, a_Id TwF4ar,a•Y al--kl bwmul Fr.N W izwYol IndHMwl.I IunMr.eknowleapa E]I.Y�.N a.n y»ae�I rea 4zpK n.Az-arvMF>r Haea ay+.a rw r,z'rac.vww W w yer.,.rf Fep aNY f F'•• y,.YwlnWr�.a wwrMd.. ,ryv'.na....z- >•e,..uegzlnu-lY•ee-er�[aWa ayw.v aM re mfan.nary wr c..•urx4 DLrF1L MprYga4.Na.rv,MpfTyHNr t,tvFw F,ArLpEAa rxr.wwwR Y'w]tFe roY Nlea k✓�tMdlr♦aftla.F Arm ha ra-.M.a.w.a+Y .larinwvNrd.rMM.Wr+as�. eAA.namer.rnwAa{•1+va••.rwtl #rrram+aia.ly Yl.,wpcty n la•nwa teen zn vaak.relwn mry par-Lpra.w rtl•ry rsp}ntu�px,�rafvLua+wtae n w I. . e Nova ,ry d..vy..+lre Ary-n-� ..z Wny M E vef�-.V zY eear�e 1.w.W.,MrepewMna.t w'1 L1MN rLFa'µ wlv uw.wn a w•aEr!aV panlab.n�trpnwndww nat�iwa' OOI.••YrJI»nneaT.MVnu W/.I•F el. lv+rw w'a raw•d✓F,e,rf.4n z.r r6y 6.n.wJr ar..rwa,a of aN waw e.aAry as ,Fy,W1.�rw....w,w.,w.a IwlwFwy.rN wd•w IN wlwe r ar..wrn ova.:•..d..na.+.Jw rR,aw awNa rr fretYfu awwn wwvrwaer rely eaarlK w Mr Pereent M YY hTO.E ha CMr LIRMM,•mtpb�N vryoru rlYrlAN l tgM/ulT WmwrN,wW Ia n,p.rk�a~ ~ �r jr MOWNO MIS AGREEMENT 81FROWER READ AND UNDERSTOOD ALL THE P[OWIONS OF THIS AOREEYEM.BORROWER an Iwn l•r N•wN �'"r"rtl"r"aaOM1 �D THE TERMS of THE AGREEMENT. PAmR TO SIGNING THIS HOTS,BORROWER READ AND UNDERSTOOD ALL ME PRGYYIONS OF THIS NOTE SORRDWER AGREES TO ME ORR FAO MY pREE DOES RECEIPT OF A COMPLETED COPY OF THIS CHANGE IN TERISS AGREEMENT AND ALL OMER DOCUNENTS GFMENOTE RELATINGT. BORROWER ACRHOWLEGGES RECEIPT OF A COMPLETED COPY OF THIS PRWIS50RV HOT¢AND ALL OTHER DOCUMENTS#ELATING LO SORAOLVER: MIS DEBT, rplrAYrLaw ALUM DEYELOPLHE/M_rLLC� 4EIIf DHCLAIRI[KFaiL K���LFa ppE,� lee w.proem K11 AANK AFO rAGI}CONHANf Exhibit 23 to Petition Exhibit 24 to Petition -E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT J r 1 E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT BK:6324 PG: 640 .— Rocordod!1.2J2 DI2O21 at 3:15t45.0 PPI County Rtl arding Fos:07.00 laws E•Fil[ng F4o:$3.012 - Combined Fee:$60,00 Revenue Tax: Kim Painter RECORDER Johnson County,Iowa an II£CaAIRRM a5R ONLY Prepared By:Jeff Aunen,Hills Dank and Tn It Company.131 Main attest,PO Be,160,Ills,IA S2235,(a00)4a5-57]5 FOR RECOftl7E1173 USE ONLY ADRRess TAX arATVIALE h A!lon Doolopmonl I.I.C.PO an 3474.Iowa City,IA 52244 Prepared By: Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PD Box 160,Hills,IA 52235,(600)445.5725 RECORDATION REQUESTED BY: T—Ce nF Nllla Ba and Trv,1 Company,South OIIboH,tat IMIn Slnol,PO as,160,Hlllp,IA 62235 ADDRESS TAX STATEMENT: Allen Development LLC,PO Box 3474,Iowa City,IA 52244 1exfR xaCaaOan AWL To: HIse Bank end Trv,t Company,Ann:Conslrueaon Oil 1a1 Main Street,H.Ie,IA 52236 RECORDATION REQUESTED BY: Hula Bank and Trust Company,South Gilbert,131 Main Street,PO Box 160,Hills,IA 52235 MORTGAGE Dal—.. eo•ryege,a„nea Ind.la na a-+�ex er i.....01]p,Od.Loans w v,anul.a u iNa amexal,WanSy Nme Inam 15 A1r 1ari4f ea Atlaexdraar la mhlr crptlltpn dyer e,�Ap.aey WHEN RECORDED MAIL TO: 1R4Aaci"laltlrol^Peer'ii4 No. Hills Bank and Trust Company, Attn:Construction Dept., 131 Main Street, Hills,IA 52235 The names oI 0 Gummm(smrabmes-Grantorl on bar lound on page 1.(this Manage Then— ,,e,Gremees Isarc,ree—r7 can be lountl on pope 1 of IMs MMgapo Tne popery etldrese can be lountl an papa 1.1 a,a Mm.... Tne legs!deepmLan can he I...an page 1 of Ihs .engage The pace)Id.hutcahon number can be ti on page 1.(hils Mongage MORTGAGE IML MORTGAGE aaa okeaaa w 17.2021,."a and weNaaa k .Anen O."Wh aht 1]L palartta w eaM as•onneer-1 w rme A._.aAe tn.a C-la".real aea,raa.111 a,"'5•-4 NOTICE: This Mortgage secures credit In the amount of$3,700,000.00. Loan.and advances up to PD eea 1so,xllu.la a22ssnatund to iagw,a'4n41Y1 I Is amount,together with Interest,are senior to Indebtedness to other creditors under subsequently GRANT OF MORTGAGE.For v,W,bl,c,nddention.Grant,,mortgages and wnaye to Lender end recorded or filed mortgages and(fens. Pae1-,-nap nn podaq•rVA"an M IV ray 1�Ix.,,rs n_O0 n der ha n maa.eq Ie r al,-N.semy e•rau a-thand Willies- The moles of M Grantors f5omel:mes"Granlor')can be found on pope 1 Of this lu W10agfil names hiles"a•nws sax alaartA We W ya`—as lein"i e,1t".1 s•ep,ans as at ell aaos hh lsorrla3mes-Lerdai`)can be found on pogo 1 of lhis Mortgage. Trio pf*uw.address -,40+fa a h7n,wlr.rcam.l lam° ngme I•�Wa2..ropl,n 1w A—rein ruse a.,tWpm Ca Mai Can be Man$on page 1 of tnts Mortgage. The legal ddxdption can be founu on pope 1 Of this Ilea ' ad ione,0.� .IK'm r t1 "Al arse lr m. eads..ans'Itrr final fauarea MAaGw. Mortgage. The parcel Identification number can be found on page 1 of this Mortgage count,,State al Iowa: Lot 2,commonly Vlew-Pon One,low,City,J.hn..n County,lows,scconeing to the plat thereof THIS MORTGAGE dated December 17,2021,Is made and executed between Allen Development LLC recorded In Book 64,Page 109,Plat Records of Johnson County.Iowa, (referred to below as"Grantor")and HIIIS Bank and Trust Company,whose address Is 131 Mein Street, Tha Rae;PnpeM al Ile add,..1...hv ty known..Too EacMrook St—L I.W.CIty.IA 15-15. PO Box 160,Hills,IA 52235(referred to below as"Lender'). The Resl Properly parcel WentRiuoon number II 091B25T002. GRANT OF MORTGAGE, For valuable consideration,Grantor mortgages End conveys to Lender and NTDRE ADVANCES. In addition to Ne an..IN.Mongage ur,ni 1.XI INure advencea ease by Lender to Grantor whether or mt a,e advance]ere made pura,nnl la a commlmanl 5petlgw11y, grenls to Lencia,a wounHy Yaafl9t h.aB of Grantors rlghl,t!ga,and betut7S1 m Ana.10 the fodDwing v"thwt Iun,Iai on,Ims Mortgage assures In add,—to the amounts Ipeehed n the Note,as Imme damftad real :mans Larder mite duoehdn ml,loan to Grentw,togetner..In a.,nee—theri ha m.er,m no property.logelhar wan all mLlaTing or 013.A Nm aM Y. or offered buildings.1 avant 0,11 such enure ad.sncel(Infhd,g inm,es)eaeeea b,the sHlGgUW s3,7oo.000 00. ImpnrramMis arA ftxturoa;mma and prcflls;ag oBieme/11a.algiNa W way,aced appuatcnonces;ell water,water hgnia,NBtorcoi.fsaa and ditch rights tbSluotng VOCk In ulad(es with CRSh or ifflgation THIS MORTGAGE,INAL PROP THE AS GIVE TO OF RENTS AND THE NT OF SECURITY INTEREST IN THE and as yule"+ 11M.royeble5,and 11)"11 rora0 to the teal o c L'Icludulg wid]0ut RENTS IS) PERSONAL PROPERTY,19 AND TO SECURE(A)PAYMENT IS THE TGAGE- THIS lights); IB rig Pr p M1y, AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE THIS limitation an trenorofl.ad,gee,geeth6nnd and sirrolar manors.(Ihe'Tisal Pray epty"1 WCAiad in Johnson MORTGAGE 15 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: County,Stale Of Iowa: PAYMENT ANO PERFORMANCE Eucnpl as oth.—ii—ded to the Mansard,Gran!.r snaa pay to Lot 2,Community View-Part One,Iowa City,Johnson County,Iowa,according to the plot thereof Lender a'I amounts escumd by this Mongage as they bacmne due and shall nnctly pedotm all of Granlp/6 ob galdns mder!hre Mong.01 recordod In Book 64,Page 10B,Plat Records of Johnson County,Iowa. The Real Property,or Ito address Is commonly known as TBD Eastbrook Street,Iowa City,IA 52245. Tha Real Property parcel Identlllcatlon number Is 09 18257 00 2. .r r..ra. Exhibit 25 to Petition Exhibit 25 to Petition 1 ( f I I E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ff•±• t r r E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT 71-1�1 E MORTGAGE - MORTGAGE loan No:i 2307 (Continued) Pigs 1 -r A LeanI 4v (Continued) Page POSSESSION AND MAINTENANCE OF THE PROPERTY Grantor agrees teal Gramel pesseaebn and deliver 11 Lenesf cenlealea Of coverage from earn Ins„mn—Mir A Ghpul,ted that coverage Las of the Pmpady M,II be governed by the forlo ng provisions: Noce of pre c.Mishal for Me will not ere comalad or dimniMetl wifhdul a minimum of lee r1O)days'prior wdom notice Io Inaehle l—consululea,row none Of the fund.npreae d by ga Indebtedness vend be used t0 Lender antl not Iunatning any disdas in'of in,Inoae,I rabdry oti far MAL,to gore—nce, phrdiese: (1)Agricult,al con, or rmi,any head for an agdwlaral purpose as define,I Iowa Earn insurance policy atsa A.0 Include an endorsement poinhad6 that coverage In favor of Lower Core Sao I53513;(2)Agrlcidaured law as dermal In Iowa Code Seuion w1(2)a 1752(1);or will net be unpaired m any way by any act,omission or default of Grantor many in,,IF— (3)PeopeM used bf an earl uMb.As deans r Cod M lore Code Section 57OA-1(2) Should the Real Properly be bccMd le an F yea dnlgnaled by 1e Adminlslralof of NB Mered Poaeesslan ark Us,. Unit Ins ocarrance of an Event of Dafaull.Go nlor may (1) fed in In Einemaay Maegemenl Agency es a special lbw M—d a-e,Granby egret to obtain and ppaseasen and ocneol of the Property.(2)use,operate or snag,the Papedy;and(3)collect ma1-M good ndeence.11 avallaole,for Me lull unpaid principal befance p1 fins loan and any odor Me II loom the Propady, bens o,the papery wearing the ban,up to Me maximum MIW Irm11a set under the Nelbnal Flood insuanre program o s olerwlaI"feed by Lender,end to nno—in auch ihei-me for Gv1y Lo MW .ai"marl-d.NodAdy L•rruvyy codwbon ark prormlly bedorm Ie term of Ike ban Flood Me rce may,a purchase umer the National Flood[h1unmes as repay;leplecena-t rid arvaae—a INI mPd: -ea value Pagan,from pelves,Insurers provdrng-private hood Insurance'as dented W eppw ble!Meal Hasads—Subelamea Grantor Mpmsanls and—MM.that In.Properly never ea bean,and flood hourance slalulea and reguatan or from another goat hams—p,vd,that is bald vnu1wi11 he ao long u IN,Mortgage amain,a Ilea on le PropeM,use for Oro geneatbn, c pUlAs to Lando in its sdo ats,egon and pemdtte by anpllczba federal now insurance ,OCLI¢MMI M.." disposal.telaeas or Maaloned relCsse of any,lbeadnfa dalulea and"Ouena Subdance M violation of any En,MAMA ul Lews Grainier aulhortas Land,and its edema to LAnlsh"Ads— Is pnsanry a—ciis!hmi —AI misdoing sliest enter upon the Property to make s,c],irepechons and testa es Lander may seem appropna o to la dery war eel n ma P:o-,any o•it!:-amylase Fa-hang Ouch-y prO bhi or Ins Modgage or delerml+e mmpllems of the Property an I"section of IN,Mail Drenbr hereby (1) an}PMioya DoI W;"4T Io O'ArWcp La Na gdyygo or pay who^due reYases and wa'Nn my wire dates agalral Lender for Indemnlry or wrildbudon In We event ay e a ydarrM'Is rnq.aed 12 3usrye or My,Pew esa raargsca or"An:w Grerdor becomes liable for deanup of other costs under any such Isws,and (2) agrees Ia DaewraelL la da,i an CMrctia Lewd ray fen thus M NI—xY lot 04 my arch's Ind; Memeng,,defend antl hod handles,Leader egend arty and a1 calms and losses rnuelryl hom A Ianvi au AbsOn e-Ire preae+q.-paring M elan NIL.-.ug,nss nap N+ breach of IN,paregaph of the Mortgage TIN,odigagon to Indomnly ant defend shall survive Ina FRNHAI_Y oa[Oells H•"I er;efeuaI�n yvha m t"h 1~ley snit,yrteys— payment of Me Iwebled—and Me satuleNon of Its Mwgage rail LIeT aa&OAAL at—•rM1 throne mean ma We Lam;e—near TN cr Nd by L—a CONSTRUCTION LOAN.The Improv,monk anal No mmA.Md no WAI Ian Me Mildy,data If Me LY all of-~by Gaanwr Ant laic/,aaryrdpy vets Lssanr A Perry W the l+Wuydkoyl Mel. Note(or earn earlier data as LeMet may reasonably esmbltsh)and Gmnl,shag pay In full As casts sea at.Lwmnry.0.1,nl fll be Psrslda a dewy,t7)p aONq lock taLa+aa sal llss He1e s,a eapMsfs in --lan with Me wok Lander vva disburse ban proceed under such terms end a P- r�W serve!AV ben ayro:Y wdh arty uu4oarb^t W31Naas lo;w(pra Wed-.1,arty cowia...u Lender may deem assembly docessAry b meua that Me bleresI c+ealed by this ((M1.).W"a Any Nb*s hM in ys�, ul","0.d�ti h PoA'e.w 13)Od Menage Mae have pdony,over all MAI liens,ialud ng Ihose of melanin supplies pea workmen Land,may,denuld,among oMer INngs,that dlsNeembanl re,—be sWW,d by r—Ided blue Wafadry;Defense of Title The folbw+ng provides reohng to ownaahip of Ie Property ea e expense afli waivaa of liana,wataclbn progress,pods and such other dowmenl,ban As port of ONs Mortgage Wide,ones ahlevu fT— TlIN. Grab,—ions Mal: (a)Granter held,good and narkaaba hit,of,card to the R GN OI yriL9•COAl BY LFM IR Lv 4 max.As tie fell III Oavaa idea-11aLpy a—rW Zp ry In lee slmple,Use and char of all hens am e^ambraces offer Man Ides,sal fold M RMIsic al ir^ !scants by Iry NlargagN uRea ins uY d—041.vn1—Ls—a-,'"a Me Real Properly description or in any the asuragce policy,hue report,or final U.opinion onvxaL a any iron M m Prl1 0.�rrry,d a+y is'�ev n e Rw Prepnry A Issvetl n favor ol,ant accepad by.Le.or fin wnnacgon wile Me Inew.le,(b)Grantor has t' ,kl rive sy f-,v,.rhn;x ell Ise,'PM-ery Or—1 ngh:1W o-. vcsl c+sap lkL PicpeAy- the full right,power,end eulhonly 10 sesed eve ditlfver this Mortgage to Lander,and I.)In. read•fYdAL aaro'icx:a rv-xb,wmPley aewesyy d-Io6abarr,wen MOarfasd aNa ace liens ganlea maby ere rrol Ma type of Iron alerted to in Chapter 575 of Me Iowa Code wsalnawp u1 do�fracl.uw ca:•w,incases for dwd,au.1—rnisrad Y i h A win pviaur Ins Supplement a nocle a ereartar mwlfie,emendac or NIAII Grantor,far Head Vuas 1g1 ysaia iasast,¢csi rowdy,o'sar,as,grurp�l v a+IRr 4 any Oerelesy•r-,vrP n:I Vti ems! end oa permm cldlmbg by,-.M or antler Granlar,agrees:h.l n dada n,Ilan or right Io A ra airy k*"lies I,r.Ae�Propy+ry,uLy cry OC^d nvand s;rcyasaase W�i ssnaal Had of Ins 4,co^IampulM by Chapter ST5 or any other Caplan of Ilia Core of Iowa am n fy PW PrabI Is sang 0i Fasbr a s wrpee3pyf pysr,alsfeA pr xn.laP ypery cyfoahy.ea+Lfa Iudher waives as nuts,and rights puavanl to mb Ipw vRh respect to Me liens hereby Fs1 Ltkmas so 1 rfsiMouvq d U.1pN eagey faMdar by msrpn,l Nei d+Yy granted,ant repreaeny end weasels that 11 a the We party enbfMd to do M,and agrees to W^Ben in nwwsVs nrrara lash eaanfy.bye Pn m am esee,eery sari pxl 011,L•unessa leamniy,defend.aw hod I-rdav Lender from Any Ian:,damage,ark well,Indw'ng V uaapl I0WIr cer:pery Iy{sroMs,AI>r!ate test Pd.At suer Gfvuaf.NO—.vsN actin vas esoaba al—ne fees.Mrearane a sLM-by LaMar mprg oMer directly a Iwrrecuy ns, nea;.sers by f a•Wa J sseh e•etn••a r4ly aef mr WON 4n d by inns use esa result of any corm of Me eprIicabiliry afraid law to fine liens hereby grate TARES AkO LIM.Ter hfcw peo.sr arIAvag fed Me Wn sea Asap err lie..sav,sa cane' DAN—of Title-Subject L,Ins secepllon In Me paagrapn above,Grant,voon-A ,and wr11 Pas uargsp. braver defend the 9110 A,Me Propedy agAI Me lawful dam e of ad pamns PsyndmL Grams shag pay when due(arid In as events prior to deneuencyl all tan-payroll Full Podormance- If Grantor pays erg Me Iwededness,Indutlrrg wlMoul smilalbn all future uxw,specaI taxes,aacesameMs,wabr oNogea and,axe service charges awed against or pin advances,when due,end at, _e perfumes as Me ocoff,on,irmsead upon Grantor sear WG couM of Me Properly,and shah pay wen due df dams for work done oa or for card— Mon rerkered or maleful IufnMW to fine Promdy.Granlar has Mori Me Propery fee .ye of Any hens ,.yeti,slMenme li rml Grant,nls ef Ieabed el my fi ancing men dalet t on fa A—ming Land.ee sauky having pdwly,over or equal to the InM-1 of Lender under Ms Mortgage,eneat for Ihose Ilene Interest in Ma Reels and gre Personal Propeny Gradl,will oaf.If permde by epph.bl.law, speck®by agreed Ia M willing by Lower,and except for the flan of axe old as,nsmenla nal any reamade lenni-don ere as doe—M!by Leaver lam bane a I— duo ant—plea otherwise M.1ded In this!Auriga,. Event of Default. Each of Me folbveng at Lenders opllon Men cansdute an Even-of Defakl PROPERTY DAMAGE INSURANCE The IMlon,4m pawsion Mhoting to insuring the Fapedy Are A pad under ft,Mortgage. of Ms Liens., Paymanl DIMIIL Grant,lotls to make any paynnand when due uwar the Iwablenass Maesee.W Ha.yraa Gi cilia 11as prcapsr aye maxasA pests W ne i-ribree anh Default on Deer Payment. Fayvre of Grantor wllMn the nine required W this Mortgage to C�a'h4as0 nssts5 oan•a)c enlesaemvm m•rcsaYar^e^L use'kr Pee In nufrapk sPLs make Bey payment for lash or—elides,or any Mher payranl nawssary to prevent filing of g at li•spionnwsh m ua DeY Pivuay'r.an aestaua wPtadl Iv a.vd ap"5.eeuvt or ens ,to eHeW dimharga of anY Iren- NPikdaatl tads-ant w.L!uAMPrd fwfyAts eWn.m n or LW, Caws,odds ate ifee—any neaten esmP`s'a--Lai al PaI mean:a n I—m'Insge aAs^u-ta x Lnyr Other OalaulL Grantor folk M tom Ili a.art wi Ty other term,pbngalien,wvenanl or wndllion HMy rsµwC v,im Ln�:r ffsuLl N as a3f cxul wsaeua iu au.1i liar-m`1 rt,rnau puuM conlemeC in In Madgage or 1n any of IA ReIaLLN Oocumenls sartn N rs�ia�Yaw Leo yA�lIayrnwya q{eye rq,lip Fays,,y�a'w wr u�ne Dafaull In Favor of Third Pathos.Should Grantor default unwr any foan,—ram,of tali, naaaxe uf^ar�s Iw w call Urw as sill en afaa,ePr A�r_lafse 1c I.: G•e t seamy egaemenl,pintas,or saute agreemanL or any otner.agreemeel,In favor of airy,other ,edllI,or person Ihat May malenaly alien any of Granby=_Moody or Grantors abMY a Exhibit 25 to Petition Exhibit 25 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT = r E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT `G71 r.-ate MORTGAGE MORTGAGE Let.No: 210T (COntinted) Page a Loan No: 2307 (Contin..d) p-a repay ttr Indebtedness or Grant&.ability to perform Grantor's obiganon,under this kbidgege aal-any automatic shy or Inlancudn) appeals,and any ante,pbid post-)Wgment M lecllon rr—Is.IIll tool of seattleg records,oale,n,n6 bill upon,(ncWdng forecosure lrafe113 epono),surveyors'repo,ls,aM.,proinal Iola and title i.... .to the.—I perm-d by hatlr a Wrdeanmy.Ttta duaapyl dOr�-id.lp-yln{ a2plkable law Grantor also at pay arty court casts,In add ton to atl,tutor cams provided by Ieagag6 Jay,nMbee xxasl'awa I.r7,e argad leaky a"it he,N ovly adi IermnGen.0 Ww. (5` r .raxaee M. gang wt..aa u are ewe Plem hoi re em'aeeg of 6'wur, pia appoa•Ltnsrd W a Iweerreo loin roe Varl vl 6lw4ofa Ofepsof,a io�,9caar to ve ppan5l HetYned AaYatep'JmL enamor 1�'/!y agrees that,in Vf etr'A 0 7i1VC'Ok/e of Ins GWM.fga. N v.baadn any W.be vaeea lweou[xlir 0pnelifdferenl.1 airy arooler"taeON on, Lavef rear.Al Gldrfs sole oP'Aet Neel to reduce tons pwll d.ea JGa lenaaJBl to lewa then—plq or tn,bWmq in.by or egeln,l Grcntor. C lhied—636 W..28,27,V"2S,or any olhN etoM.0—][.1—to-01 the w rfap be then applicable and .Wed by lax, Breach of Other Agmmanl Any breach by G,-1,r under Into leant of arty.—agreement Mlacallanaduc Prdvealons.Tno Idlovrin Wneous d of Ihls Mon bhveen Grantor end Lender that d not rtion—d Wilbin any grece poled provided Me,,, g mole provisions ore a pa gaga ,ncludmg—1 am,l.lion any agreement concerning any nAlbtadness dr Whin,obtpallon of G.—Ifird law.Thla Mortgage will be governed by Withal law applkabh W Lard and,I.the Granlor to Lender,whether eLLsling now or lane rrol Weemplad by fl and law,the levee If Into Gn.of Iowa without regard to la 1pde agad"fJaannar.Any of Mr dfandar,aberfer qonsra wllh nlopecolb any Guarantor ...not,of law proylslona Thle Mortgage hu been accepted by Lender In the Slate of Iowa. W sal of Me pC"frr55 o any O4Xa W dea IN yeoa=oa InmltLN1 evok e ,or ring or Choice of Venue.It there'e a Wwsull,Grenbr agree,, pon u Lendee,no.eel to s,bmd to the deb".M—hdp d.x I,eblliy unaal,M Wvr*Gans aenlednroa- iurlse,chon oI Into courts CI Johnson County,Stale of Iowa RyatolLn.If asy rader0.erica.tea¢dWltn Ma,MaL n era!aa a,e¢erarredaw apt Tlmr la of into r Bence.Tell is of be essence In the perfm—nee of th,s Mollgnge G given a Iate Wle 01 a beeeN d W ammo&—AW,of N Ngrilin.wL n 1,a aenNrry eant.Il>']mrn4.rc 1^st toe e,wd a Ofa ."t~aeeee warrbed oe0. 1e.WaNN MVuua Apr,n of Ye�na,IWnWaf e..Glabthwtne 9W.CaY d ens rwfel t:,yree Gea67 PaensdrF dxe el,ulr da"'Oh W OAae—e.fwLrvgnn w 1110ry1,°'iw tali— rriyttR'.be o„qNd G Colton,yoeu[hW ad de.'nanaw aeprr n aq W,Nr polwan as rypyy}a sons pan v,e t11 e+ya.nnaaaaNry',ally,alas¢raaen fnneat earw n unme a wake p tgea of egn dt..a u e,l"-be Pregvn. V a C-4.n"en o+,an of N oar ea:oen W a weaea"r W adr pia Waed ay II Ifii Omen,—aW mrddN{al Flatterer.[N16reKP'eaeecYalM MafgaOe ae<Tin 1-4 wM1,te¢of r.a,ad'e'rr0 am wNwg mvole and necessary tape Whoient to produce compliance es anon as rcesonebty won dghts p,achuN Oellawy.i Tens febrwnpg ed"M 4—0.Nd lame cat 1uor-N marrrapl,altw RighW and Remeolea on Daleull. Upon Inc ocartmto o!an Event of Defdull and at ony none vines N eve MpSaga Vaeu SaaOloly,MaWd W Rn WYnOt"i1 tic,—la d"areewn Ihereafler,LeMer,al Lwdefs option,may exeruse any one or more of Into Iddowinp rphls and allG maw amtoral e n W!,/afArby W ate YnGd 51aax Pl am�ea L117rda NNedln,esedhi V!a remedial,in addition to any olhor rights or remedios providW by law: aogLlN,bat elrfle'Aa pNal,eM af¢Opel alW,feFela pin fagMu,oar raroeal oy regwv 11pRrCaerla.Ka Cd.hhead eeleli ens Me been"' berAea.aa nu—'Y.at7,u"brbeeh Acwleraba Indoelednase. Louder stall havo the right at its III-to declare the enure terms,n the Urifonn Commer0al Cone: IMe ess bkdn Immedalely due oM payable.Including any prepayment l>oollly-L Grantor would be reed W pay without noble,a pt a,trey be upr...ty regl,lld by appkcable Serrowor.Thaw- how "Bortowef means Allen Developrr:ent LLC and rnclv0es ail,o-slgners and gmr comakars signing the Note antl ell Iheu,utreeson mo—dro, ucc RamWlac.With respect to all or any pan al the Personal PropeM,Larder Snell rave at Environmental L.—The weds"Environnlenlal L—"mean any and all slate federal and the nphle eM romedlee of a secured Cato under the Ungo•m LommercWl Cure. tonal Weave,aq,Waae N0 rrneebeaen rA,wg f¢aria afeilbi l Of 1beMae law,N ens Jutllaal Forecloaun.Lender may obtain a lumdal decree lorecloalng Grant,r,interest In all or anwwemrra a"Lon.wau1 �Olate.4'w'a �"seet'a'�1,ink eaR p0SMOLAI Il S LU kl IN et,,,thee p I eoltil i e2 Y.S.L.se et"pdp1,h,ny any earl of 1!re Property (aCFAIYA9 Cite{sperlre'.1 av¢aedyya ors M+rnromae,JeS e1 WYa.P,o L hY 9gaBl Non)utlW.1 Fdmclocure. Lender may eaerese lie right to emlWlclal foreclosure Vu,suanL to (,6AM'l,ere t!u1 Val a'atena4 T Nhitawoa Ak ens 116,E SN.rw.1141•ad sy me Iowa Code,S-Im 655 1S and Chapter SSSA as now enacted of h n,eaer--d,amend,W Refwrtor Ca: lIF]D!ay aR'l.a2 V.tilC.5ap4e 6901.n ue.,el vra•aeilLapN r replacntl stale or lederal laws,rules,or repuleliene atlopled pursuant Iherelo Older Remedies. Lender shag have all,then righls and r.m die,provided ItIll.Nadgage or =I dl Defaull.The words"Even!of Celauif'mean any of the events dl delauh se!forth In pr¢love,v MaW'e m 1pw pin Id eq,fy. Ihla MMgage In the events of default section of tma Mortgage alto d the aframn.Se nr eEaC s:Nmt'a0 bJ agil,coyf law,fierrlef errroee aa0eri arrp oM Granlor.The..to'Grantor meana Alen Development LLC at"got to ease Me Flavin dxfarwt[d at eeefera:rg 0 rghla lee nanein 1—dae atoll be Guarantor. The wold'Guaranlor'means any 9-manor,surety,or—rhod.1—parry of Dee W stll n a antl Pare 01 Me Awft hollow pr lepyuHy,pens ua a by l dear.1. uparald Nr Wdaktlaral law Lerdae aa¢INMYOad top leeponto fool:sale on op-I IaodMWerr arapetry. Guano The word"Guarani nc Iha from G.—Wor to Lender,including Delilhan,alifate0on.NaCIbe100T Larrdafb pow efry lewrvl Yal rp qd,;a floe+darfe ry- Y mina 9uotanty ao, remeer,aeY aw a -W be hos Orpefgeada V W W.r aeaael N Me[—v ebgaeen w,moul limilatlon a guaranty of oil or pan of the Non d a.ren;;W.v:a eaaagage,we,OLli iie—Opaliano,Nat r� «f eB Laedafe r,t Impmvemdnto.t The wwd'Imprpvemanls'mean Nap exisang and lulure improvements, w be'eelbe„e..v rawY+K d nrMv+eaaa9— r Aklehl i,.be OMHa aabee edmpa, beat arcs, — omee ante,o e Real Pleady,Inca,ttae, addmons, be[—h—d a0 as W IIni t or ro—the Mona an.remade,aYdoeba to Louder lollow,ng an repacemenla and other tonslrucnon on the Reel Property u d Dalaeah,or,n any wap eb kmk v hi"Os rpTy aaK reality o1 LefdN he W—od ryealeeonaa.TIn r r0•,nee;edfran'mots M;A,(4 d.hlereW and Mfees,ono athV eery ii i�'Y Grant.-dA,r agaael on,~-A.. .aeny V ad r an— a, ft-eaaa a¢}rxysaan Fla"-o le Into Xc!.1 ittl eS IOp�MM Vine nm r1 ea 0 yodao anst my olherei I dr—o,.—M axY'7a}are Irdebel`eaa fp•yw,v,o aeaev¢eai W.ma0�n titofnsaW e1 aV tN 7AMa the Nde N Nbuneree'Pal;Oto-04—r,e,%ruer an,a:ep YSM InwWlw Nq d flu lama of Wad Ddraa'rlau ax"am iar--Wi N.p.ncad W LeaGr fin ldcraNe GaevNa hW abi 6—We to etraoed W roehdr yp,arxn n lee m,at faary palyr 'lopaooe+v naabaa nslwnd Oy 1~ a.Yaw W-1:atlyaaw anderr ns fit •A4 w.tbota t,M.s mat—pee tons ad- Lr•1H,a v rG.rT atr r!axu+¢ tMrrgpw qe':w9e^,.let M Wr enyp,�a n faonaad H 1h.a Marla. Specincaly. e"l aea.atl n Ito tun MI p,Ptwled,/car,Y roaaxaOY aflq,l d to ve—cal on nWteal rreyepL nealhJnan xfa0n Vs filar, MI IOfpe n Va 11AL7a e0ef r(ya LaWdd liberal tow, ..v 0mar Wro for Ira vatev.-en let......or tfs.alamnnfe orb—alma LWII-tlbe-mgeex vt,tr.e-.JenY0.— Cora gade plea 00mfna p¢¢e1 ft thdio sdS povelle are darea,e N,e W beu etlanat tan fin,The wond'Lender meant N,!Is Bank and Taal Company,Its wccesava and lagns W Me Abbe Tin add aN dear d fie eeaenteral W hl,aci Eavfean—ff Of Val gaepaJh,�adr,xsLayA wutettr,Ill—aMtacl top any ea.n rnnf appl""cable law. Madgaga.The wo.d'MMgage"means Nis Alodgage betxaen Grampr and Lender. .0.1.¢1MRg¢'keg Jog tfd i lap iapxuo. ^edlu 0 Oel L^aee c o lawsuit, Not. The wmi'Not."means the promissory n.n dated 0eca—17,2021,In the original --to,Npl,erya'kin¢Nd ahiern,av lar gem L W7 preniedlip[.e.CCaq eHodz to moony W-Ill amount of St,]60,000.00 Oam Crentw to London,10.dnil.,In all rennvats oe, Exhibit 25 to Petition Exhibit 25 to Petition r L T E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT - E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT l tj MORTGAGE lean No: 2107 (ConUnued) Paso 6 r exlenelone.f,Irmdmcaupne of,mhlfancmgs of,.—Whodw,of aM subs 1Ih.ums IOT Me Promissory note or 4menanl The loons y dale of Ihls Mongolia 11 December 17.2045 P—M!Islomer- The wesdc•Ponsmnl P.P v then ea eirov-14 r—us.—ache aR-ho a1 Wmoral warps"—er Mseln"no"!t Grw4o 17her,'oryasdur.1— �aNwsO W fry 11.e Aeswdp,loplhw x sCe...aal pw'IR vq addeios =�5 ce w A WlWuE4ns W.sty er Lavn jrgynr:P'<'•NCl1sr {ee(�pdL IL.etJm.g ttP Ishlbi. ,of WLaw Ca TA,sr.1 adLTda eI prareAawl bnm any ta8r er i~deWaaend thd Aopen, Properly The word-Property'means c¢1e[Irvely the RIM PmeM and the Persowl PmpeM Roll P res.11 The words'Real Property^mean the real Moody,Mleresb and right,asFOR nECGROClTi Y1E ONLT hMher dnWlbed in Nis Modpapa. Reparad By:JON Aunan,Hlse Benk 0etl TIUM CompenY,131 Main 91ree1,Po Boz 180,H91e,W 82236,(800144—S Releletl ns,--n i The w0-ds'Related D.c—.n m aP pmmias.rit holes, aodt agroamanu,ban of MIN, ae en mental lleteml mo,gumniild I Who, egrsemonts, mWlgasee,deeds of IrueL eecunH Eeetle,cdlelerel rrodgoBea,ene ell other liulrumenle, ADDRESS TAX Smull U-M: egroelMnb aM tlOCumenb,whether now W hmuAer edadng,exeabd n xdnnetlbn WIN Ina Atllen Oovelopmenl LLC,PO Box 3474,bwa CIy,IA 5224i IntleMedlmw. Rant. The word•Renls'man,ad present and inure rmio,revenues,Moom,issues, myabes,prohts,and other beruls dmFyed from the Property- RECORoAD APOsaFiiCO 11 H4Y gary ene 1".C.maeAy.SMIN wbort,131 sMIR if a m M loll,H114 to 44)Sr GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND N1EH Al MAfl 1G' GRANTOR AGREES TO ITS TERMS. Ilea 0.-I'le Tnrt C.-44ny Ape:CeneUvedan D.ps 131 Male 2.1.6 WIa,H 32225 GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT AkAlworvn121 u-c The-e.e.er„Dun—nca.hm..'w.n..l4n ar-%W un Peoe I a pas ft—.To. —Of a Twarn.s[No.try¢Za s Can Osl gcef 1el eys yMmnsy Te,peplry HYn. L.tawg o,»%s s W�• 9,husi y Ta teyY gCaMysen un G MOetl rn lays 1 q L"xz b=alS TAe aM.[as4aaeee—eel..br ue Di routed ear sap 1 M`b.Avoid— THIS�-JAkgh,elMnOer agar.GDebpme.s LLC THIS HAUROGUE SUBSTANCES AGREEMENT dried Daumbm 17,2021.Is mad°end sxewfild undo,Allu Doulapment LLC,whoa ukhose Ia PO Be,3474,Iowa City,IA S-da(sometimes rolerrod to Mlow 11'Grenbr"and.—Inn.as•'Ineemnit4r•I;snit Wis Bank and Trust Company, LIMITED LIABILITY COMPANY ACKNOWLEDGMENT South Gllbed,131 ,In Simi,PO Eu 150,Hit.,A 62235(nforled I.below so'London For T good and yaluah11 unilderollan end IC Indus Lendm to InsYe a loan to Sommeen each party omeulllg B1ATCb 1LTUA __ I Nb Aers—rin hereby nprx.n a and ugh-with LonMr as follows: PROPERTY DESDRIPDON.The word Rmpedr as used In thle Agmemonl memo the Why,nrlg R4al T^ I Progeny Iocaletl In Johoeon County,swe or Iowa: COUNTY OF e-1 Jhh01,N I Lot 2,Commurwy Y-Pon Ore.Iowa City.fohown County.Iowa,accvNing W the pal"fear rocaMed in So.k 84,Pape 109,PW Reines of Johnsen County,Iowa THIS lecWtl was ecknawbdgetl bsbro m.on wry UNlotl l-T 20 Z I by Jana J The Real Propmly Woal Its inkiness Is wlrvnonly known u TBD Esg Iow Mook SI—,, a Cily.W 52245 Allen,M4mM,of Aide DinuMpimeM LLC The Rut Pm ry .1 Momflic.lion somber is 0918267002 REPRESENTATIONS The tollowing l.pfeslnbllbne arc mods to Lander.euhlecl to WMaosures made �S TS- A.a T end aznpled by Lander W-NN: aAHaq Fsaae 4 sy of,the sot.or_,�;c Us.of Property.Aher due lmmil and Iry-Mouan.moss min has rm knoWodge W reason 1. yjs-qre blGua.the.here Me dean any um,Wnor.,—,menu— ,worepe,beelmenl,roRnam.nl, MyseearJaLw upkee ZI11�2c]Z troan.G.d deapoul,mleaae,o mreatemod rMease df any Herale4us SWesMnwa by any pawn awm7— n, ason,u1Mar,If about Me Pmpady Neureous Subrlancea. After du MRuky and Inw.lgmlon,mdemrdtpr has.sn-MoUpe,or on 1.belleye,MaL the Pmps4y,whenevm aM wMNar mvnN by pro-,Opcupuft,has ever mobbed Msbeslos,PCBs,cad paints or other H.-di re SSAsbrlc.b,skt.1hm used In _ wnslmmon W Norall on the Prup.dy. 1,046--Wr,WAY 08 Coer.P�aspe UL4 tnpaiwo fill MN4. As ft,ms g.ser.eg •to No Hall— Indemnllor has received no citation, d'vaebye, Teller W ocher C%ASERPRO'NARLANDICFILLPDG03FC TR-113929 PR42 Comnfunlc.IW a WHiten or oral fresh eny agency m d omimenl of cry cony m stale of the U.S. Govemmenl mnob-9 any intentanal W minbnsonel actin W on mIcif on,u1Wr or about Ina Pmpedy which hu ho ulbd in Wa retailing,sMHW,leakllg pumping,pouring,emldbg,Implying or dumping of Hazardous Subsb,I-Into my waters,emblem air mlo Wry bibs or where tlamaga meY have.1.0 to the farina,waters,With,eh i.fsh,vnWis..bole,ev or other nabral Exhibit 25 to Petition Exhibit 25 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ` E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT HAZARDOUS SUBSTANCES AGREEMENT ' HAZARDOUS SUBSTANCES AGREEMENT Loan No:a]Da., (Continued) Page s Loan No! '" ]]OT (Continued) Patio] AFFIRNAMME COVENANTS.Moomnllor cowanls w,th Lana es follows: by Lender.My Insp Ji or tests made by Led—Shan M for Land—pu idde.,only antl... not be conslho d to ere a any responsMily or Mollny on Me pan pf Lander to any Ind— oh-U.of prepay, Lsdenpse,ss ri net sees—does.oea.lets Aa usse"Yreasaft to"Rest era, to odd othm person seenut-dis,rams,transport,heal,store.Mhol or dispose of my HnaYaaa 9us0ereai"s, bad pent or aebesloa. NOW ITOR'S WAIVER AND INDEMNIFICATION, IndemnMr hereby 0gr.d to and has Ird—ly, defend,and had harmless Lender end Lenders eM.n,d'veGOn,employe.nth.genie,and Lenders Compiler.with Em,ine menial Laws. Ind—iter abgg sauce the Pmpody,and the operations and assigns andae Ih bII deecton. Wleyeas and agents from old agmut cry and a, od—o ed on R. y wind fo.mp any end W Enwmnmenlel Law.send Me,,of my g—mend dalm�OMMIS,losses,Unless.SiAries,pmgllle,and expends,(Including w1moul Imll'bon authWll) having furISc1oM n under any Emilmou nlal Laws and en Shau obtain,Neap m oct and wt—yi fees al Will and on y appeal or p,Vbon for rewaw,consultant'lea.,remed,al acban pmpy with all gpeemmenbl Radius end auf ndrized-a reciared by EmNonmeNel Laws with costs,natural resource dam d diminution in value tl h reaped to such Propay or.,,andim. Indemnnor shah h mm Lender wind cepres of erg Such ages m )in-red hY sac prison pa)anang out Of or Famifs and aalhodzauors and bfy amendment or h—le of Ihem I.shell rimy Lender of any .a�ry�;Flvry a.arNpa asNd rxy n7cr Irrpyr,•Fy,4,a oA,rxiaT wod.SLOa ro air explrafbn are 11d,of such permits or aulhu,balbns, tee d0ar uaf avt•w W stir,COtp?eNt E.—Is'it- 4,R�o tt,os..e ypfiwnr 4yap ipnuMen,snse"do'W AlrL Pre...fi ,InvmtlplMy end Remedlel Action.Inddmnllor shall exam,.edreme care In Ni v.STgNI small my Awry..epsrd damfgu,u tol—„ outwo,rebWw Hy xpd.00rdlim, Harmless Substm.s N Mdemgde,uses a encgamas any.Indemnnor,al MdermMors Spends, twit n wsben er:--- .w Law'lot uy Will.erne m ppwards.o.loll w,swam.a ahall mtleners any and all preventive,invesligafay or nerml ul adin(alud'mg emergaey injury 10 tender or Any Pae,ph e•T+Iseeve,Or al y lo,arty pryYf err u�j erl:p e e Ioih esponse,removal,containment and olher remedial act) (a)required by sly appidabb wlth,or in a,,,way,eta•ng.AFISepe Oflaey—rd r.p«walbn of.Airae,y wl[a.sesn E,,[ minimal I.Swa o orders by any gw mmenal oMhotty hovng judedrdton under Nis AArese:nayl,III)fna Vv'J yr pry Em tan JI Lana,amllrw euNwalcm a¢yrCeiL fe1 EmirenmenMf Laws,or or .chary to prevent or Senate property tlemage(indad,ng damage err,N,e,bless r ,w v.pxl,ICAb fnyx,fs—.yes possibly ,aylse W'eepayM v sLdu to Occupant's Seen property),parepnal Injury or Ezmdge fo Me mroonmli or Me Mreal of any r'ahAsq N�a�a-JsuT SoOs'aoal•psi Us,Ylae�rf.0 rW Ind nlaaSwWr/,W eMaLti p: 1'ef• N damage or injury,by releseee of or exposure to Hazardous SubSt—In eonnedion with Me v p+sfaaapQ,n4euhe v IhreTe—P le!eess eL aWnmeede 6agduhwa e,cry n*i vanoli l ropaRfs epe,aaaet ry apnoea oA Me Rowdy M'Vo vrpnl llNwary f,sA la q'bm (s.RldJy/rllasnP mods/rN.,kw+any prwWy a^sv'7 eenM,R'w ee else Flfdr. �aus,,v •dim W NdultHatl"a.,.g.I-Is sr=a,W tiw Agru-rd,LInur nAry LN1`.e"nor he aml--A dae.nad IS,,smrl eI psi v.xsueat W Lie APreFparn Y 4rrrAara Wya(rw wN• ,eGMPd b!se .sddt oH�sa+:a[Inasmvnma seam. At sxn seta And agasn �ULepr suits 1- is ep 1Rmahsamah or r Agrinen,all n ad dOds.eM.:r m p"aINN,I incurred by Lander undo,thin eecllon end.Msae.under Mk Agreamenl shag be reimbuned by serum In moilan to MIS mdamnily,Intlemretor hasty fdmeea and-No,all present antl Mule Indemnnor M Lmder upon demand with imermf el INS NoIs def..Il role,or In Me abe—of a doors against Lender ter indemnity or conlribulion M the even)Ineerrmdor became.liable for demule ddhd Ih rate,al Me Note Inleresl rate Leas,and IMemnhm Intend that Lander skin naafi full or oMar one under any Emi,mn-1.1 Laws rashers,to Indemndor for Irv/sum el arty m e due to Lender under INS Agreement In MHomhg PAYMENT:FULL RECOURSE TO INDEMNITOR Ind—M,Intends that Lender shag have full recoufe. any afrm obbillons of Indemruld,Lender chaff re ell times be deemed to W Ih0 agent al M Indemnnor for INdemnllor,odg,11m,under this Agreement m Way become due to Lender Such Ind.mNlw and slut not by re of such palindrome La deemed to W Mg my Missiles.bases,cIdim,.damages and expanses aMR he,,hW,,l to Lender a,Lenders obllganws +sspmtwy,ry of loQennalY ly-nrr Mr Exaagus+.slM[sew u many thrtl easy.Re.Ar.er N." to mete peyeant with respecl Me—en Mwned,wid—any redueemenl of we"nor Me ere a.h eP"F LfwyF{I des.Ben eau iT Mad wllh M bows,b pwkaa sup+01 izw Rlbo—e W Rarer My#H e,M p lime i.emery,av0 I Pane,o leas M(,wn Laay, a�vm•.aez"—radu—soo—a Fr A"—.ee LVOn¢,dove pres''1 ad eau..harms aerolrs am raasza+le LeW an ere etalm0 w,pn,di L701 W ale,w,n,n appropdam agsn rnyn 1psdaa'rda,l,wiu ttud adrt�s,praf+ea,aan pnNq Aneu+le nmwaa Ap Md d,Y Hefter.Indamnllor¢has Immedlalely Hotly Lerner upon be mog awpa of any of Me following: of such antics In admin.I.my rdrady n—ble Im lend,to pay padod6ally such amours,each =,hall Mere",dear Interest el the Note debnl rate,or In Me meance 111 del edl raw,at pre (1) My.,ill,release or disposal of a Hara d—Sub,lama m any of My Pmlxrty,or h Note mlehis,male connedbn with any of na operations if Bush spol,rReas¢or disposal must Da mmrtee fo am' SURVIVAL Tne covenants mnleMad in Ilya Agreamenl nag a+wiva(A) the reaymeN of Me gavernmenhl suNmry under appacede Em11—WI Laws Indeblednes.(B)my lor....ura,whether Iudidel or nonjudkial,of the Pnol and(C)cry defvery (2) Any contamlnagm,or Immnent threat of conlemhadmi,of the PropeM by Harem., of deed We a of fameolowre Io Lender or any—sr of Lends, The covenant o0memed In Set Sub mdae,or any vMIMI,n of Envlromranlet Laws In oemand-with Me Propertyor Me Agnasmml IN be for the befM1 of LaMar and any weseor cc fo LaMar,,IS hot.. ecuri oer of any sty' operalbrde mnaucted on the PropeM- intnest In the Prepedy or the indvbledness Secured Mmeby,or W owner of the Pmpmly Mil-k. (a)Any omer,notice of vdIalon,fine Or"MIy 1Ia or oiler SImr Sodom by any gmemnismal b M.,m lee uoin M Of a dead N Ileu of bfedowre authority hi to Hmn ee aer¢Suseld or EmdonmenM Laws and the Ppp refiy'or the MISCELLANEOUS PROVISIONS.The folleWN mt,srlenvoua F—rum,ere s ped of this Agreement operalba sonduct.d on ties Property. Artender _ (n)My jadGBl m Mminhtram, weelption Or p miing relals,to Hera JWs Subsrences his oI�@'A e1M'L[,sees[pre.Ib°Lan"..rsb.cr t sun4 nil psam IN, ll mimic e I,Envwanenlel Lew,end ed Me Papedy or Me."nal'on.mnducled m Me Propal as a"WW has It shill no upon any apsu'.V/etlw Or AN Aster Wrr.sedan is Lwvhel,and re (d) A,surbs"I,brong to Nalends.subdis s d FfxreumeM/Lan am x, ris ales, the.Ne�l not poNbned by law,an nasbnable expenses Lender rood,Mot In Landee,SRI arc ..""i pN:RM Lander.es to be concerned that the vallo of Order.—rdY alermt0 r:suwy as I W set We pgl,acmn vl as--or a,sr sl as-II gsearf Me P-14 may,be r.—or thmeleed or Mal may III or thnnum to¢noel,, aauA(N eR lrwaLFamv,a gaaMlr en prndFrd aatl rNa w'Walaq algr Nallf.e:s Awe Rah w.a ,aganlerd ebky to W—my al it obL,.fom under Its Agreemml when such of the faDs/el,A,10 all e—nll.cams¢q MH O WRI sseN e''lydut Naas e%M1+,rx,sd:e is due h,rrenr iii Id m"Im1,scar 4pill Me,La, "MYwryl'it-IN Lew""as Access toe.IS Ind emnnor aheA¢ailed,to Lender,It Leddera request.copes of emN end all e.pacrsaa.'.hauwx e.1•.le..e H,s1.wvuse.He07 anam"I"I.aa see fgeul.a w baAsreme tlomment in Irdemnno's possession or to which N has access relatMg to Hazardous Subdarcas emcee iinga pcmdng efron,Is noddy or vide my 9 bet of stop or Mf surbn),appoals.end or EmVmnwNal Laws and Me Property,and Me opp--.condudod on Me Pmp.M.mduding m mil (ind,o pldlecbaaen2 pm,),su aeM.e,Me 1 ofpPraaudfeolong dill iniudng bib mthoul Ilr,mnm rceW.of Ieb calory mrfiy—,Bile lemser ml,or sW&,,,emr1rorme-I audit repo (M e9 pods),surveyors'repaid,and a ad fees and bile ddAm ,M the extent p.mmeed by applixablo law.Indemnnor also will pay cry wan casts,n atltlnx+n M ere seppds and obdr cOownents'studies and reports other sum,povlded by Inepecllaa.Lander re.....the right to inspect end Ided,tigete the Phil and operehme m It Governing Law.This Agreement will be gowmad by fadmil law applicable to Ladder and,to Me at any time and from pma to time,an,Indemnnor alas wopenate fully Win lender In I'm e,t,nt net preempted by ledenl law,the laws ofth,Slate of Iowa without regard to It_41 s Mspeclbn end Mvestgagona II Lender at my lime has reedon to balave Thal Indemnnor or any law proehlan,.The Agreement M.been....pied by LaMler In the Slate of Iowa. Occupmis of Me Ph,may me not complying with al appncal,Emrenm.nlal LswS a with Me rmuirafent of the Agrremenl or Mel a maodal spill,,Neese m tllsposal of HezedW,Sub,lmcea Cholle of Venue.If 1Mre Is.lawsuit.Indemnlla agrees upon Lender,request to submit to ore Ms ouvned m untler Ina Prmarty,Lender ray require Indemnnor 1,f MISh lender at IunsdiGIon of Me oc,hs of.bbo-County.Sate of Iowa Indemngor hereby waives Noll,.of Indemnitpr.expense an mwonmanlal woil or.ode asuasment wnh reaped I,IN matters of sesplmce of Me Agreement by Lender. ancem to Lender Smeh audit o,aesassment shall be pedpfined by a qua6Aed conabitul appoved DEFUNME NS,The following caplaliud words and leans,shall have the f.11ming meaning,wbm used Exhibit 25 to Petition Exhibit 25 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURC ' E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT i HAZARDOUS SUBSTANCES AGREEMENT -- ' ) 1`--•) I- 1t.)t• HAZARDOUS SUBSTANCES AGREEMENT Loan No: 12307 (Continued) Page 4 Loan Ne:` -230T (Continued) Page 5 In this Agreement. Unleas specKKally eleled to the contrary,all mferendos to dollar emounlc ehati V ' n m an lawful money of the United States at America Mrds and terms used In the singular - - shall include the plural,and the plural shall Include the singular,as the comeA may require.Words and GRANTOR: terms runt otherwise der ed In Ins Agreemenl shall have the meanings attributed to such terms In the Uniform Co—hil Code: Agreement. The word"Agreement"means this Hazardous Substance%Agreement,as Ihls ALLEN DEVELOPMENT LUC Hazardous Substances Agreement trey be amended d agdlfied from lima to fine,together wgh all exhibda end schedules alleched to this Hazardous Substances Agreemenl from lime to time Borrower. The Word"Berri mans Allen Developrneni LLC and includes ea co-signers and BC m-rrukers slgnig the Nole so all their successors and assigns 'la AN.,Yembar a Allen OewEepmenl LLC Environmental Laws. The words"EnvtmnmenNl Laws"mean any and ell stale,federal and local LENDER: statutes,regulations and ardlriances raffling to the protection of human health or the enviranneam, Including without limilelion the Comprehensive Embonmental Response, Compensation,and Liability Act of 1980,as amended,42 U.S C.Section 9601,at seq CCERCIA'),the Superfund HILLS BANK AND TRUST COMPANY A—rulmenU and Reauthorization Act of 19B6,Pub L No 99<99('SARA),the Hazardous Materials Act.42 SC AcI%Sec on US C Section tithe at kw the Resource Conservallen ant] reewvery,Act,pl U S C Section 6001,at seq,d outx eppkceble slate or fetlerei laws,fines,or ly regulations adopted pursuant thereto X He n1ma Substances. The wards Yiazerdoua Subalc Ices'mean materials that.because of their T.cc.Wade,FVP,CommerclSl Banking quantity,cencentratIon or physical,Uhemlml or Infedlous chwaclerlsllcs,my cause or pose a present or polengal hazard to humeri health or the envlronmenl when Inimpedy used,treated, Stored,disposed of,generated,mmufectured,baneponed or otherwise handled The words LIMITED LIABILITY COMPANY ACKNOWLEDGMENT "Hazard nces"ous Subste we used In their varyro bede sen se nse end Include without dmlfallon any ]ns M rhaiarddux d 10ak substances,maladies or weals ae defined by of gated under the Emvinanmemal Laws. The term-Hazardous Substances"also includes,without gmifegon, petroleum and petroleum by-products or any Ireclion thereof and asbestos STATE OF ) frhda7aadnasa. The Wend-mebxd+HY'MA%ns f—taA,"'!y yen 14M srhd antic )SS amaunaa.ceefc end expmses PsyeWa undcl afro Nete u Rf;ik"0ac r name,lapelnaf wbth ag eewal.of,warmalena oC mawd na calla of,G]nsaidlA ytc of OW ww4uuona for 7r No.'s or COUNTY OF �\ ) Re-ease Coco UMs end at1'/ami,Afi expanses p a Yanccd oy Lvm 10 oa 1.ge Irf_gvM .cogw,ons W rrpit=awned by Lena M enforce IAdamnWo a6igalaaa near,due � �yy\L�-ter �-f Z) This record was acknowledged before me on 20 by Jesse J Agivefna0.ippetad h,r;ln InfaYesl M Mh[h erNuhn;c N provided h fri%AgrppmsnC Allen,Member of Allen Development I.I.C. Lender.The word"Lendef'rreans Hills Bank and Trust Company,Its successors and assigns � � n Note. The word"Note'means the Note dated December 17,2D21 and executed by Allen �,1- De"IDorrenl LLC uh the principal amount of$1,360,DDO.00,together with all renewals of, rlitfa4a]haI WADE Notary Public nand for the Smte of X-4 ezlenetoro of,modifications of,refirunwigs of,conwlldalions of,and substitutions for the note or Comnreana TN 1?� My commlcalm axplrea Z If+'ZD 22 %retie agfeehnsnL MY cemusrbo Eaeeerzf\2oz2 Occupant. The word"Oecupent'means individually and Waedivey r all persons a entitles occupying or uldWng the Property,whether e ow s ner,terenl,operator or other occupenl ProParty. The word"Property'means eg of Indemnitor's right.end art r•Atee•-r m asd m as L'fz Pmparty as described In the'Property Daa.lpllon"eeclfon of this Agree nenl Real Property. The words"Real Property"mean the real praperry,Interests'and right.,as further LENDER ACKNOWLEDGMENT described in this Agreement. Riia ad Document.. The words "Related Documents" mean all promissory notes, credit STATE OF �oh.UH ) agreements, lean agreements, envfonmerval agreements, guarenbes, security agreements, mortgages,deeds of must,cearity deeds,coliateml mortgages,and as other instruments, )SS agreements and documenls,whether now or hereafter existing,created In connecllon with the COUNTY OF �J`(1 tn.KSv, ) Indebtednese EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS This record was acxnwdedgea before nre on 4 G nil%c.r r� ,20 J=�AGREEMENT,AND EACH AGREES TO ITS TERMS NO FORMAL ACCEPTANCE BY LENDER 19 byTasaa NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE THIS AGREEMENT IS DATED DECEMBER 17. Wade as FVP,Commerclal Banking of Hills Bank and Trust Company 2021. ! N „ ` W SUBSTANCES R ACKNOWLEDGES RECEIPT OF U COMPLETED COPY IS THIS HAZARDOUS '�y1 I.the AS SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT, f/plary hlbae k t ld 1M glake el�t WNDYy�rl>Hf My ednmleelan..pire, II/V-A3 laEereeeesan Eap'!� Exhibit 25 to Petition Exhibit 25 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT �-J E-FILED 2023 NOV 29 3:06 PM JOHNSON-CLERK OF DISTRICT COURT BK:6 .PG:436 - C...yR dIrg oL2 JITM E3,oAM. County Recording$1 slim rows EFlWg Fee:si(10 Combined Fea:$70 00 R.....Tax: Klan Porn or RECORDER ' John County,Iowa '- f FOR RCCOFMX41 USE ONLY FOR RECORDER'S USE ONLY Prepared B Jeff Aunan.Hill.Bank antl Trust Company, pare y: pony,131 Main Street,PO Box 160,HRIc,IA Prepared By:Jeff Aunan,HW.Bank and Treat Company,131 Main Street,PO Box 1BD,HIU.,IA 52235,(BOO)445.5725 62236,(800)M6.6726 ADDRESS TAX STATEMENT: ADDRESS TAX STATEMENT: Allen Development LLC,PO Boa 3474,Iowa City,IA 52244 Allan Development LLC,PO Box 3474,Iowa City,IA 52244 RECORDATION REQUESTED BY: RECORDATION REQUESTED BY; Hill.Bank and Treat Company,South Gilbert,131 Main Street,PO Box 160,Hills,IA 52235 Hag.Bank and Treat Company,South Gllberl,131 Main Street,PO Box ISO,Hilly IA 52235 "EN RECORDED WA1L 10, WHEN RECORDED MAIL TO: 'I us.Bank and Trust Company,Ann:Construction Dept..131 Main Street,Hies,IA 62235 Hills Bank and Treat Company,Attn:Construction DepL,131 Main Street,Hills,IA 62236 _ MODIFICATION OF MORTGAGE MODIFICATION OF MORTGAGE The names of elf Grantors(f ometimes'Granter)can be found on page 1 of this Modl0ca0on The 1.1 nan-aa at ag GNS04M(falvl",'!;rpi Aah p fowd L'a page 1 01 V-o!�I:acn. Ino AavaY of so GtMMas[sa.+el'aw'Lerd/f)cab be 6w:e M ppgl I e1 Udx.MsaOtrabprt lTa ghopMy li m,,Oda fivan!eer[aetnr•4.xtr'Lendery an b4 found on page 1 of Iha IAceddicadio r.The propreir add�trl Can G *.%cat pose f of Ods J4]�re,ben The lai:p dsaeof Wis cm Hare+ en F-sP 1 01 aW_ton 01 round W F41pe T or IM rAW.EWaxn Tr a Ieyal d icnPl n can be soared can OW t Of W.M0=AeMlan The sArC4a iCOrdF.caW 1 nvmher Iran be brand en pair 1 o11Ns MOOiLtaFOn.TY4 moo klopli Gabon. TM llpraet y colwn reiROar WR be rpyn0 p5 pepo 1 0l Lin J.kaF6CObOn. Tfw rehired document Or Instrument number ran be found on page 1 of this Modification. rslsNa decum4M O<a.tomrrranf ror-TEar Girl H hound an T.aigo r of Ifvs Momra:alleo THIS MODIFICATION OF MORTGAGE doled October 14,2022,Is made and axecutatl between Allen THIS MODIFICATION OF MORTGAGE dated October 14 3020,L melr MR aoacelad between Allen Development LLC informal to below as"Grantor")and Hills Bank and Tmat Company,whose address Development LLC(referred to below U Gra1dM't and%Us Bank and Tree)Company,whose addrea. la 13l Main Streit,PO Box 160,HWr,IA 62235(referred to below as'Lend,ej. tr 131 Main Street,PO Box 160.HBIy IA U130 lhsahad to below as"Landef'I k1ORTGAOE-_doer cart Wail.+eve.!or"Into a Mortgage dated December 17.2021(the MORTGAGE.Lender and Grantor have entered into a Mortgage dated December 17,2021 (the "Mortgage')which has been recorded In Johnson County,Stele of laws.09 follows: "Mortgage')which nos been recorded In Johnson County,Slide of Iowa,as follows: Recorded on 1=012021,In Book 6324,at Page 040.of the record.of Johnson County,Iowa. Recorded on 1212012021,In Book 6324,at Page 640,of the..,do of Johnsen County,lows. REAL PROPERTY DESCRIPTION.The Mortgage cover.the following dowWed real praperty,bcrded In REAL PROPERTY DESCRIPTION The Mortgage coven the following described real property located In Johnson County,Slate of Iowa: Johnson County.Slate of Iowa: Lot 2,Community View•Pan One,laws City,Johnson County,lows,according to the plat thereof Lot 2,Community View-Part One,Iowe City,Johnson County,Iowa,according to the plat thereof recorded In Book 64,Page 109,Plat Record.of Johnson County,Iowa, recorded in Book 64.Page 109,Plat Records of Johnson County,Iowa The Real Property or its address is commonly known as EoMbwk Street,Iowa City,IA 52245 The The Real Property or its address is T artkrdr'known as Ea.Waok Street Iowe City,IA 52245 The Real Property planer Ideri fca0un number Is 091 B257002 fNx Prpceyy saspJ kdalY.dfrYrt nunXwM pO1S257rg02 MODIFICATION.Lander antl Grantor hereby modify the Modgege m follows: MODIFICATION.Lander and Grantor hereby moldy the Mortgage as follows: Sold Mortgage Is modified to Whom the Open-End Feature to said menage from$3.7DO 000.00 Said Mortgage I.madlllsd w Increase the Open-End Fortune to said mortgage from$3,70D,000.00 to S4,700,000.00. 0. AddWanally.the opeoand feature of Bald mortgage Is hereby modl0ed to food as follows: to$4,nelly,he o NOTICE:THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF$4,700,000.00 LOANS AND Addlllonelty,me open-end feature of said mortgage Is hereby modl00tl to react as follows: ADVANCES UP TO THIS AMOUNT,TOGETHER WITH INTEREST,ARE SENIOR TO INDEBTEDNESS NOTICE:THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF$4,700.000.DO. LOANS AND TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FIXED MORTGAGES AND LIENS ADVANCES UP TO THIS AMOUNT,TOGETHER WITH INTEREST,ARE SENIOR TO INDEBTEDNESS C0NT01UW0 VALIDITY.Pmpl t.aste—ly mods rd eyry,e,the 1.—m Jsr U og"MonOiga W02 TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS =i&W ultCurgad.44 inIa reran elk.dent rnei me IrOaey aw,akd rD.Wad qW.--sirr le CONTINUING VALIDITY.E..Pt as expressly in0dified above the terms of the original Mortgage shall apaaOWe sesh v,a,reapeclm kilo. Cmweal by LA,&,[s W.Med.f Won rise.—car.. hernam unchanged and in full force and affect and are legally valid,binding,and enforceable In kexeal.--Ohl to Mgta,a tumt psdw—cre 10 this M.M.Do es caangq awn!nbr 0;2.e Le.p to Io a d;n p errgr Overt r*pKWR Ishii Consent Oy L4adea re pus MOdkee[ee Ea9 not w'46 war,a+1 tAiaix mi,"caom Nwr q N TN.Mea's_aelon Taal oantVWW a YtY-l"ton art Ina Lerdefs dgrd to 104LON GWCL pOdgrma.4 oI she M QMgajo 311 dlaNped 10 raw 0011M L-' r to p nomI rule or WN0 t.pml rg""rut al=td by me tiziNage me'Note).II is 1h1 rabrnaan of ache carry fuede mOedCiboRS NOPWg In flex.Mod,hcatspn"og Mmuee A efHisfaOurn or Itie Larr_a'act.leis..ubY so Penal b cos MevlFoge aad ne P-n*,makvea rind a-"--to 4e Nele, platteatory pose M abya t'dad!agreement rreured by ins LWlgogl fUe'ldoao� U U Ihen.anbon& including accommodation parties,unless a peaty Is expressly released by Lender in writing.Any maker Lender to retain as liable so parties to the Mortgage and all Parties,makers and endorsers to the Note, or endorser.Including accommodation makers,.hell not be released by Nnue of ants Modification. If Including accommodatlon parties,unless a party is expressly released by Lender In wailing.Any maker or endorse,,including accommodation makers.area nod be released by virtue of this ModlOwllon. If Exhibit 26 to Petition Exhibit 26 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT C + u�.., E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT CO1,T MODIFICATION OF MORTGAGE t322 (Continued) Page 2 MODIFICATION nu MORTGAGE Loa.No: Loan No:�^��,t22 (Continued) Pegs S any person who signed the original Mortgage does not sign this Modification.then all persons signing balm acknowledge that this Modification is given conditionally,based on the representallon to Lender W that the ran-a0m,ng p-rsan consents to the changes and provisions of this Modification or othenvlae LP,l+ 11,i! j r_ LENDER ACKNOWLEDGMENT wlll'not oe mteaec-d by,1. This waiver applies not only to any Initial extension or modification,but also to all such subsequent actions. _1 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF r STATE OF �♦?rUf+ i MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS g5 DATED OCTOBER 14,2022. ' `q GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MODIFICATION OF r i COFINTY OF NNSD/✓ ) MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: This record was acknowledged before me on nl.� -� �✓ -20��by Jam N. Selby as VP,Commercial Banking of Hills Bank and Trust Company. ALLEN DEVELOPMENT LLC -VZ Notary Pub n and for the State of CINDY MI[lER75H My commisslen expires By. cm.-.u.r,.laenh.1J f uww J AHe,Memtxr of Allen Dawalnpment LLC LENDER: i HILLS BANK AND TRUST COMPANY Las erPro,Ver.22.1.0.044 Copr.Flnasha USA CorporaWn 1987,2022. All Rights Reserved -IA CA-ASERPROIHARLANMCFI1I.PL1G201 FC TR-121670 PR-42 x ,w+ Jaca .Bi11ey,VP, ommarcW Gonklrp LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 1 .n� I SS COUNTY OF- �OY.Kn.n I This recom was acknowledged before me on C9t-r�j(JW I N .20—ja_by Jesse J Allen-Member of Allen Development LLC. �c Notary PGWIc In and follhe Stars o! JACE N SA11E5' My commission expires v•1S•a�e� r� W Exhibit 26 to Petition Exhibit 26 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT SKI 6324 PG: 659 r '— Recorded:12120/2021 at 3:15:45.0 PM County Recording Fee:$27.00 Iowa E-Filing Fee:$3.00 . Combined Fee:$30.00 Revenue Tax: Kim Painter RECORDER Johnson County,Iowa FOR RECORDER'S USE ONLY Pnparud By:J,H Aunan,HID,Bunk and T—Compuny,131 Mdn shoat.PO Box 160,Hills,IA 52235.(800)4dS—S ' ADDRESS RECORDERS USE EMLY AllMvon o But,.14,Iowa Ctry,IA S2244 Prepared By:Jeff Aunan,Hllls Bank and Trust Company,131 Main Street,PO Box 160.Hills,IA 52236,(800)445.5725 RECORDATION REOUESTED BY: HIIN Bunk and Trust Campary,South Dillon.131 Moln SIrea4 PO Box ISO.Hills,IA—36 ADDRESS TAX STATEMENT: Allen Development LLC,PO Box 3474,Iowa City,IA 52244 WHEN RECORDED MAIL TO: M14 Beak antl Tmat Cumpsny.AHn:Consbudion DepL,101 Meln Sb-,Hill,IA ax— RECORDATION REQUESTED BY: Hills Bank and Trust Company,South Gilbert,131 Main Street,PO Box 160,Hills,IA 52236 ASSIGNMENT OF RENTS -rrr r.nn or r.Drawn 1w+w�re'or+nM u,.De NAY m pace+S fir{awgnRrn Tins, tool ak f�anHLismL—nZw]er'1 R+vp lrl,c er:prA so•wF A,Lv'�n r.suepaM WHEN RECORDED MAIL TO: .Aevw 4a+1n e.e A s .le r1 e4 "a Ir gr w,e Aw'g xn T,oed 100 juts.+.dw•Aww ew hmus Hills Bank and Trust Company,Attn:Construction Dept.,131 Main Street,Hills,A 52236 THF ALSMM1 N CENT d..d DitsV 17. is—'and n schv eIs a und mAll eleuon d LiZ .W....'G—WL)sno mist,Bank ad True)Clgn• 4%"Miss anip w 18,Hall,IA t5;.sVrae bit, rn r "LentlarJ. ASSIGNMENT OF RENTS ASSIGNMENT. Fa, .lust,W....Idantlon.Onot.,hanby an gm,eran4 A mminabg a euny The norms of au or unto(gormetimut-Grantor-)Can be found Cn peyB 1 of they AABakJnment. The rolmvl,&6,Hw Pmpu,y Is to «MOin J nunn co debt, Wild, eta o111owe4raN In sad to the aeon item Ina rlslres or all Gmntaas Irana:t(mes'LandBr}Can Be found on petit,1 of INS A9519nmgnL Tho properly La 2,Communly view.Pan one,Iowa City,Johnson Couny,lows,exeomMg 1a the plel INI—f address can be found on pogo T Gf Ih11 ASslgnment. The 11il cl&WpVon can be round on Me 1 of nc4,dad In Boot 64,Pape 10.,Plat Racortls or Johnson Couny,Iowa. LNs AsGgrult Tho patc d Idyn06COt on.nualber W be(mmsd on page 1 of Ihlis A"fllllant The Pmpeq or Ns uddnaa 4 commony Mnom 11 3761 Eutbmk SUeol(Building C),Iowa City.IA 52245.Too Rwl Property parcel IdanUllcallon number H 0918267002 THIS ASSIGNMENT OF RENTS dated December 17, 2021.11 Rude end executed between Allen FUTURE ADVANCES.In oboUan to Ina Note,this Au itnmenl secures as future adanws aside by Development LLC(sefcHild to below as"Onntor')and Mile Omni;and Trutt Company,whose addrese Lender ID Gamor wIvi or rut the attmou,all made punoam 1a a co—R—L spe<lfkauy, Is 131 Main Sheol.t+0 Sox 160.Hlile,IA 52235(referred to below at'Lander'). mgAnl4 vlalalst 0.1 esruRe...Cli—It,qua r—x uARpp.Ir N4ex-.,Isms oa uCH,I~in A C,vrcI-ins Z by 0ra¢y,IOpadW-Ad 9 n5ossel it--.fibwrrs•,.•w ewN vuu,such MU.,.es,rail in. eW,aW;+Dears=neea>.aps+s10,Tao.mD- ASSIGNMENT. For valuable conaldarallon, Grantor hereby eesigns, grants a continuing security THIS ASSIGNMENT 15 GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND 12) Intereel In,and conveys to Lender all of Omnloes right,title,and Interest In and to the Ron[.from the PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE,THIS following deserlbed Property located In Johnson County,Stale of Iowa: ASSIGNMENT,AND THE RELATED DOCUMENTS THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Lot 2,Community View•Pert One,Iowa City,Johnson County,Iowa,according to the plat thereof itAru6Hr AND FLOORYA CF. Liciv y aF,nwre recorded In Book Fe4,Page 109,Plat Records of Johnson County,Iowa. an�er+1,Grmeer+^aa par n to^de••"a^a+d..er..�a.r`•""'D+""'"'a'p'n'°"`^r ew- The Property or Oe address Is commonly known as 3761 Easlhrook Street(Building C),Iowa City,W .can -ave rwrm a et a a+>aa wyw21�a41 o-n ASL�r.ncre agN m oven w NmN n mmana ea+=...nx w=erg ak L�r n r4 decal Uade+Iva 62246.The Real Property parcel Identification number Is 0918257002. A..am�.B,Gornp•t�reran n f+a+eelevn..a r,enbd ar aw 4p"'+la Ft- -fro cacao w V"h ny rq cat ra P nor,prrw w yarsrp Y all rqF.o ewrp tn. cal rc:sereu,e. FUTURE ADVANCES. In addition to the Note,this Assignment secures all future advances made by Lentlefs wnunl b IRA ush oult.1 ml m a ba t'Uplcy proc-9 Lender to Grantor whether or not the advances are made pursuant to a commlimenl. Specifically, LENDER'S RIGHT TO RECENE AND COLLECT RENTS. Lender Nw11 have the right at any fmn,and without Iu;Lumillen,lids Assgnment eee4re6,In addition to the arnovms spoelfmd in lee Nola.all future even Nough no delaull small My.occwred Under this Mug—ul,10 toted and,atone the Reno amounts Lender In HS TacreSDn trilogy loan t0 Cvpnldr,10gether With all OterOst thereof:ha'wBver,In no For I"p,"e Lander Is henby given and gnnlnd Ind following Mho,pounm and ulhony: event Shal such future advasces(exr'uaing IRwavitI exceed In the Dggmgafa$3,700.0D0.00. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND t7) PERFORMANCE OF ANY AND ALL OBLIGATIONS DF GRANTOR UNO>`TS THE NOTE, THIS a ilt. yAuvur AMn Top ail Aran rvna+I l4a wi ru1Q ACIu.--Ic'l'—A—et•r•ea• oar Exhibit 27 to Petition Exhibit 27 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS Lean Nl (Continued) page 2 ,.DT ASSIGNMENT OF RENTS _ (Continued) page No—to ..nla.leMa may sent Harter;many ant all lenanls of ma PmpeM Mwsing In,m.f AIPMAI Aatpras,liaise Hall have m► mla Assignment and directing an Rents to be pad directly to Lender or Landers agent. Ogle q alas a nae'M+sppenMf q ferq pLafxws pf all err Irg ISM pal Mier Wppe14,.rh me parlor m IuassC a i A'are're per Iscpiry,le away the Enter Me Property.Lander may enter upon ant Ltke posedearon.1 Me Prapedy;moment.tolled py.bPN p,lppr;�g Nesdoµre or sale,and Per pasppe Y,e R—hmr this"HaN peer playa Ina and recent Irom me lenmte or from any omer pawns Iteale Ihehasor,all of me Rents;insgWle ant PtsCeaa pier adV eon ibe mR,lire IepnsfeLrip,agpea><ins pnep4dnns Tfrf triple 7 Cary on as Will proce,dinge naceawry for the proleclwn of Me PmpeM.MclWhg loon u+,lw4 b"d mirror d ter law.Ifnldeh rprp td"asaorr y l pall Nana en»l l prweeangs as may od necessary to recover po seassbn of Me Properly;coml Me Rams and r Ter say"..Mauer arm prmal hays Yp WH• ut cl s awfnnby remo a any ten ant or lenanls or tinter persons from Me Properly argfkr C'Yrarmrn",--aaebrat--.Oeaownss ..spat.Iecnn Other=.Lender may do ale soon other things and acts with reaped to Me Prop"as Lender Other Remadls,Lander snag have all other rights and remedies pmWed in MI Assignmenl or Me may deem approphate ant May act exdushoy and solely in Her to.and;lead of Gmnlor ant to Nole or by law. here an of bye Powers of Grantor for the perpoa le stated above. babirstral N sTafeAlsti[CNPn pal I-Sirr0...to pumue ry-a a1hAr&rrl fts s 04 of any AM1ICATNIN OF RlNti A11 msia W srsaaTea rpifsed W lwtda n eprageGw waI laIp Prop" Nr fpnNr.ant aC Vomar Ip spasarolfNrea rY la we Brio tp wdum sr aerpae:d l rbpa pa br Gsemerl adcpsae arV LsnPly ws�t'pyytun maY aw trbrssee}mnr>•w Berra 1pn1ln.r aLmy wgnlw k.gNrrea,alter 9rm4h tenure u Psrr_rn erp rot m'xV leneera Ihyt b ra aaa dsrancan NY Wkfare Cif apeax.ea'I p!Ary alai Y.Re+n rpGerY]ay,t;Caanxv,a'h dsesFaarfY.fir Yip eseeda lee umssS e.fa Rdrn snr(xiN lay isrYMr w}rN Ye eplaaMad sp LrcA mass ty ergwles Abv tepAe b deer Attorneys'Fees;Espe rs- If Lander insMutes any suit or Item to enforce any of IN lams or Iagspy.".As err nedr Inside as leper✓real"Iijierpnrak d rrl Iattn Nsaj Van hap this Aaelamr-.Lender swell be mlllted to recover such e—as he coin may mrinl,masorlask Rants shall basome a pad al the 1Mebeadneere severed by Me Aaaignmenl,and aMR be payable on s allpmeye'lees a[Irul antl upon any appeal —Mar or rrol say tour.Olm u involved,and Id demand,with Inlareat at Iha Note hale Irom data of ez m1Hu,—M paid. Me exbrd not pronib—by taw,all reasonable expenses Lender-score Mat to Lenders opin-se FULL PERFORMANCE If Gmnlor pays aU of Me Indahletlnwe wean due antl othanvice padolms alp the necessary at ary bode for the protocol of Its InRresl or the ontorcenonl of Its Higher snob become oapgabane Impaled upon Gremw male m4 Assignment,Me Noy,end the ftetatetl Dawrtmnla,Lender is pan of me Indebladness payable m demob ant shell bee Mr.—[al the Note is ham the data shall axewle ant bal to Granter a WAMW Salilledian of his Assignment anal suitable s(eements of 1...iPil llure—1 hl Eiremaes—ad!by this pergrzpn I.-d,wlmoul Ilrtrimm, of thr mi-la.of any f an�hsl sloe enl no M.avldil ing Load—seruriry interest In Mo Rants am p�.rapes;q Cry Ares seal'ow.*tail.u hry rk assif 4n we I—nap Me Properly Any termmobon Are requihad by low Shad be Fred by Gro ddr,if parmnlbd by appllra le srs;sNetaP a rcI Wadi.It a UP—I.i my f--p-—am eTper'aef In yahry.y law Pa RIP"L liNsil H:drts be xyafy y Y ip bi edemelc all terry'.ep.n av no ITDNDATI6Y w Ln10[d4 T.esa"40 LI W al on wa.haas abdap Lr errs A„awf„tMO evlamPrrt�=br.c' .purl -.r�M Fro w�tnro wY.>r,oval�.:��Q`w f01 Y ppMYd ak ppytarpd to pplNlfedp keafa AS A nprypgpe a IfsrMn N smeLsno M sIq fees Ion the Tlusled.to Me eldenl WMARM by eppllwble law Gmnlor into will pay any court Pl,]pnp,M taaDass Lasser alp Yxr rya Ira05rry err q aM1xp[n dal w.w le Oka ter asrnL 1noR coils,In i ddnon to as.,her sums pr—d.d by hew M aafbrae a parkwa xdaetrrg.any p3lapsLwi.Bury err Mesta rakenlaver tlsdk any W(G kaa.. or omenvlEe. MISCELLANEOUS PROVISIONS-The idlovnrg miueltenems provislns are a par o11Ns Assignment LUOM's Rx"orru11lR ;r prier afar p vx*pddg■paseArrera on twaati Heivarbas,aTW 0—rrprq Law.fill Auyrvevs"PIP UmPriteir % md.to Mir L4OWI M11W nCts Asasseep bar AOleeyal}lie W Lyndy wilt pry prawm or Jae A sagl".W tAeNt bill ple bay aospyp ffesriore W l l IIssg al ls.N wr p sop"Ia has w baeCleaa arp Raarste Oeeaareali,ktlrrr 4Ar W d resell sal paprebra Ilya telsha rJe ba Pita sirs"r•t Past Frawkss.I-Auppylee Has eats ses"Brai 7 L AP4 fie 5.0 df Or Yawea Ora+br•-4-0 0 marA/gp p pay bbdw!p Agklrmaev.arse Raissr 0avaedt Chaser al it a Lrtva h A laavrt Groh-agrees upon L-Mars request to aU-it to Me Lens'ashC akpre Parsed rd wary W"not as W All to) arty AdOn oral LWr deems )yrrriecoad m Yetplaya.1 Johnson VaIW,Slay.1Iowa pprow"'s-MI ewe n ens prare"y led payhg as pout for ratuwy}mwnalsp tap p•arl me araissmY.All PWh op -wLlrred w slid by lendk for alp,p.apprpe wR sty pear ITMrair Intemrsullon (1) In art aws waeha Mae Is more arm one Beroaer or ,Gmnlor,then ell words tl eTe Babe W rod.Iadw eY Hqe lien try @rt Ixpsnea err Pun lay LseP la psi dap W Iep4rftHs used In this Asslghb—m In,efnguter shall aseeemM Us bale Lean used in Mo plural whore me Dr.Glanmr.RW"h eapeaws w.e padgTssapad end dy W-0entp 7,a+d x Leiden epWn-fnA fAl rvutk on]cb+firueiw ao r cacl MII men esw one rr+sarr W+s Y^ass9nmenl as lea NNas d.A da+rae-NI Y a" n all prendf dl all Nay sal W ap+mPan'd a."sell a -warty:'Val WRIB -a or lien dent r wlaver r.sre. Ir:;earl man r Larar Mrs.a p)aas sM a ,rgteCrranl NIII-wme W I—I dw dil satyr II) sr bw AM all ypk —a.Lerrper mars.—any w er male G Nil areaaab II if d seer Opab as.nor Me tuwarateesCY.q I21 ft aeeaT=y�'me Rat Ilse,d Ia]q lasartd a alall NPWN rnW, same person,Lander mead rill sue Borrower first,ant Ihill..mover need net be pined M any wrs W eye led w•eW a ate Llp:el masal lewsuiI f0) The Hares qNm la paragraphs or l—Ita s in this Assignment as Iw cm-bler— DEFAULT. EaM of In,sdlowng,aI Lenders option,shad conshitite an Event of Dahill under this purposes only They are no:to ail used to mkmrel or derme me pmvtdame of this Assignment Aaearrmenl: Mlle ' lHis Y* per rq Pho Of rr rany M estate aerate by Irm Aatlof Lmt wAn any Hsw rW!,n I—sal Ile P ..4 N arty In heW by or Tor Ire benaq of Lender in any Payment Ds1auIL Grantor IaiL•to make any paymont who,tlua ands Mo Indebtadnesa plaapry,rxMwll+lmmvn[KanY4 WLeMs wlnlr DeauM ly GROW falls Ia oar With any other larm.oNlgaban,ob—t or condaron Release or Sign of Dower.Hamb—sal and DILMbuIHe Shan. Each of me interlined hereby Ialned h Iles As lgnmem or in my of We Release Docume nts retihilia s an rights of dower,nemealeed and mra bullva Sham,and to me PrepeM and wawes =6 AND la[ieW0115 PAN OPAYLT Upon Mo occurrence of arty EYCnI of Default and at any ame all r'l of e--hymn as to any of it,,Propbri,it a Grantor is mf an owrw or Me Pmpeny,Mal —abr me or more of Me 011owing oeh4 end mmedies,in admen to any Granby executes Ms frontier,tar me sole se purpo of mingashbg and waiving such dgHls. svle+gmla or rlmw:s prnrria N t . Wslvw of Rant of Redampbon, NDTVATHSTANDING MY QF THE PROVISIONS TO THE Arwlrn4 Lkptbarlissw.Lls Jar"hers fro rya A IN aphsr sP pypye M.Wade teesp4rxhsas CONTRARY CONTAINED IN THIS ASSIGNMENT GRANTOR HEREBY WAIVES ANY AND ALL Immealisey due ant payable,Irrdud,ng any papaymenl Cleary law faaangrrsaWp ale hagwm W RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON Frey YnarrpA noece,except da my be expreeay requvae alp AlssaaLfa LW GRANTORS BEHALF AND ON BEHALF OF EACH AND EVERY PERSON,EXCEPT JUDGMENT G�DITORS OF GRANTOR,ACQUIRING ANY I.HTEll IN DR TITLE TO THE PROPERTY CaaAfl Iyrda.LeOar tna Hss err ryp' 'pri rw�ep ip 6ir'far•U fYa ypsara.an o!ru SUBSEQUENT TO THE DATE OF T IS ASSIGNMENT. TCppralAde rdrpsl w RwIA-srtllafa➢erlwVe peal Qn 1w]ur{4sJ.arsS apb4 av aafdnagpl air alp atgA LVCanpaWa,lh ibeft M% M flslalfyp a en'OK ter"."r.$ OEFINMONS.The U—nit rnpifetbed wold,and lams abed hills It,following meanings when used Gasp pT 4N ey'h pcAMep far N is.d1•atars Rratrt to all anal Caen P.krs SK�brL elan In this Assgnrnenl Ueess 1p 111-y stated to me watery,all references to tlebr amounts Mae I!bass De6l Ass aetemW ,1~Haw 01W slswrYhy Irby,—.LIE.fI GrfyEal slaw},/tlgnay pal Ls.[A•Jkd�p[Asfak:Y Y.>s'eI►'ale le'sw afNnlx•;rimy albmer�'l as esypr.a4Wmrrn noarrssl R prars r,llllrW a pal harp pal Diem W ld ssW arLWaL t'aalr,Mad ter pWl Lass lollies tbs ahpaar,as arvernleat mAT tesvra V,mda ant I-Iol lass saw flws aaetl alas W VPVN. Parwrfs bir obt a a/ner .airy Ia LaaV R 1vr'aa rill se�esrLa eslrkrl yl Rea Augarnerd pap haw Mr Rurrwa alfgxpp C fac+r la.rra n the "lenity V lsneVa dYras•e and;stet/pre pOlylpana real wrrrA the psynsfq'"rylrt. Unrurn Commercial Code: .UuW'a MI ay gal Wvprsba nr Mae cog—A faprd.l[rifu hall—ea r-O:L I F Alf Asegnmenl Tne and"Assignment-means the ASSIGNMENT OF RENTS,as(his ASSIGNMENT pJA well WA ter.hN'l by•glesl.ec Nnglt lrseenar OF RENTS inlay ba ammdad w modified horn it..W Urns,together with d SxhlNls and.1har es Exhibit 27 to Petition Exhibit 27 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT 1!f7, ASSIGNMENT OF RENTS ASSIGNMENT OF RENTS Loan No: ,,M307 (Continued) Page Loan No:r,,,"12307 (Continued) Pages attached to this ASSIGNMENT OF RENTS from brae to time f r Barm—The word"Borrower'means Allen development LLC e ' LIMITED LIABILITY COMPANY ACKNOWLEDGMENT Event or Default The wards"Event of Default"mean any of the events of aefeuh set forth in this Assignment in the default seclion of this Assignment SO..�TOt STATE OF Grantor.The word"Granlor'means Allen Development LLC I Indebtedness. The word"Indebtedness"means all pill interest an d late fees,and Other )SS amounts.costa and expenses payable under the Note or Related Documents,together with as COUNTY OF Joltn son han—als,al,avl.n,—of,modifications of.wnsolidellons of and aabshtullons for the Note or II Related Documents and any amounts expended or advanced by Lender to discharge Grantors Is record was acknowledged sa before me on Cvl\bV I, 20 Z b Jnae J wl,gelmna or rlyi erl,ea Incurred by Lander to enforce Grantors obligations most this Assignment, T 9 � Y together with interest on ouch e—I.as pmvi0.M in this Assignmenl Specifically,without All...Memberof Allen Development LLC. Ilrrlllalicn,Irideblednesc IIKNdas the future advances sal forth In the Future Advances provision of this Assignment together with all Interest thereon l. Lender.The word"Lender'mean,f41s Bans and Trust Company,its.—a—and esalgns Notary Public In and Nr Uia S1IaL)d 1EssA aN,WIDE Mycommleslonea rae Mortgage. The word"Mortgage"means his ASSIGNMENT OF RENTS between Granlor and Wndus I...r W Lender. Tfv.e..•t/�a lev�� INcee,tstbae lrrye, Nola. The word'Nola"means the promissory note dated December 17,2021,In the original principal amount of$1.360,000.00 from Grantor to Lender,together with an renewals of, sae. .or,modlfieenons of mfin—mg.of,consondelions of,and suos"oas for the promissory note or agreement Property. The word"Property"means el of Greniora right line and Interest In and to ee the 1rletPro Ver 20.4 0 93e CVW.Petri["Ul^COIporMon 199f.2 T ae1 ii qSm Rraavea. •w Propeny as described In the"Assignment"section of this Assignment C:UASERPR0kHARLANDlCFRLPLnG14 FC TRA13929 PR-02 Related Downrenk. The words 'Related Documents' mean all promissory notes, credit agreements, loan agr4enwnt� • JeI egf—ab, gwNNte,. .",eq agr—ht., mortgages,e:edl of I L sa W y deeds.cailol4ral/rgdga]el.And al eller Ina,,Y rmis, seraemanb a anre dee %,whadler non or her-rift eupvvg,easy d in con—with the Indebtedness Rank. The word'Renta"meant all of Grantors present and future rights,00e and interest in,to and under any and en present and future leas",Including,without IimhMlon,all tame,revenue, mwme,issues,royalties,bonuses,accounts rew cu weble,cash or senty,deposits,advance rentals, profits aM Proceeds from the Properly,and other payments and bene0ts derived or to be derived from such 1-11 of every kind and nature.whether due now or later,including Will l fmllanon Mae right to enforce such leases and to receive and wiled payment end proceeds thereunder. THE UNDERSIONED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORUMD SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON DECEMBER 1T,2021. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS ASSIGNMENT OF RENTS AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT, GRANTOR: ALLEN DEVELOPMENT LLC By: =^ ] J W4 Varret%h o1 Allan Ok"bineent LLC Exhibit 27 to Petition Exhibit 27 to Petition I d I 1 E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE 711 1"4 P PROMISSORY NOTE ` L_ ;.v l{Yl we _ 2308 (Continued) Paget PrmclpX LBAn[AB[e Wtvnly 1_LarI NO CInICoO Ae B - s1,G0D,000,p0 SI�17.2021 12-t7dt122 23GB eArloe 5229 TAWAO A "At p'IET3:gunNES s,Lmlew sear a�In",vas er•TN e=aad eN Aq R Bm1wBs lees re+W.•mBwv a•a pl T.lbrva mom corona aTew fnblE iYavElell�wlm Fein'C`a{lk,�ryld uu 0.xurlW bary wniulOr Wnu Non RVV.Tb nevR+F,Lvesebh'ENw wex u►'swm Nn,wsn Yavyvl,a,u{Leucra M{�a•pwas.+o.vra w!flaF u a�s�pusaulrry-.e+.-�as 'M,w�>rMlsrue.�h Wyar•Wey pxruM1O,fre+�Wbswrs B.Indee r: Adn OdaalopNnl,UC �•LenderRy Hkie..Lena T-Conewy nor eT.eep et''•+^ p� reYwea:n Ni9Y/tFlH par l^s•'��C.m--�>Iw1ee+ pO B.r]dTE Ls..cben GOVEr1NIN0 LAW.TeIF Nab NIlMpdwmedMl•donl law avpnc•eN to Lrndx+ndblMmunl wl prwmplwby edo111 I•w,.lexa el Iewe CIy.IA 6]]N n 1m•1,PD an 1e0 '.Sbnalvw•witbvul r•wNloMwnNlvb ellew goWiM•.Tip Not•Me barn.,,a,.by ter-k INON dbwA. XIN,IA!]2a6 IBOoJ Y6-6126 Slab CHOMEOFVENUE.E Ir men b•Wwwil,Bdlower Ap1en upon Leaven rwunl to t1AmH W.Iwwlebn vllM court q JaMwn Count'. PT&,p oAdAboI$1,1100 Dale of Note:December 17,2021OEAV ' T�'=� Te ar a•wsese.vrrdgyYaFq"u".t+rq"u'e-'nsry^et wm.nµ6a+wnnrwn we•lsresr fnhvsr nN.wq.a•vayL xLan[.vr,a®ArN 1n.•aL•aranaLyw•a6.s+a•r,am yrnrFrm wl.Me.nL Ave MaY"A'o"I•Awmla If HI,Neem S`F4 AW=."Imase BLC rGamw•fl ara�sBq Nry hNq fin•1M Tnnt wenplWMSuwn•,p1x.fl ma•rf W wCr AAur eV,E1-v,pea eXsael wA•sy FNwwAsJl wwwla,w+^luw aeawbwmFY µw4 raw 4lrw.meY tl b•useeL SuMA vaavagA W avak�+Sw+Fd GwB Nia•em Nl.ree llwarl i W1 W OAx•1s1,Mtlpeseal arwww x iarrn µsum emar nt'+avFw yr:eaepypyp bn,Nv�sti sr ssbsµexaaW a.'a'r�aaro•�wua4 wsT M bwbluti MStnaa mnn Irsnx ore nu a•PeH wM'.wWF I•,wpl µe,w,e el awe Msaa r.LmNl.a w a..r.rw k w a.M a+NrA asmnm.Nx4sAs net w 1pw•aASA.sry A•Ter w 1�reeae'a W e]ew Leedrowibv[wrFe,arye.vd Ba'all +ATEVBr e•r CIAAndu AM,eNOD•r+xpwrl F.ly...ram.L xa r B.e3ex•n a..a,bar...ynr X Tee wya HaNW,mar p waelwnewwLrxaaw eM,Nded area w _ r+u reaaswe�V M rn.•tivncs.ALL I•wreH nu mry aLge wM.11a bmx pY easvrrm y M [A L Rap.w t¢n!.¢•eyaa Nis It-le eecmM by Rol Eal.le Mo,laodo aaYMM021 an,Lol]Ce 11,V.Pen 1(TOD FFIc'Jx StlamL eNaB Cry.IA 6-2A14 i A,aIVON.of A-doled 1.1-.It on,1 0,breµ S (Bun14 A)SUN 0 Gw1 PAYMENT.eolrvxer will pry Nu Wan In ear port'..of se vuduNy wrclpll Xw eA.cwue0 wpW Inur•Y ee pa•mMr 1],]e]].In +n IRO10u],sw Lira. bF•M Pal/sY•w'w�Fry uE'+IrµsY�N pM•ler•W..[lure• 'J Vl,aes[M w µ sail p.r•'•vl CHa N].sr JMa sF,YJ1]. LI.Yf OF CREDIT.Inn NbH wMenwe+elraIUl of c l Onu Ne IMN•rmuM of don. a nu tarn•tlnlwtl,Bolnwer i[nq anlined A•,Aawnr,l Marra awarwa b w FFaNm^�wJHa/Mr Natn'•,f• , •DF wspM•r Iv NrdMr bon wveme, Adnnua tare,N,s Nqe r, aN r•L e • s. • .Aw1Rr1,uFW IN.µ w Anal 1.u'aMr ';Z r,ANOI•A, 1._.'10Ms,1MVucudu.w vecmndi a W -od t�ted 0*N way by M1awm or a,prnaea In W[pwpra,k .1 rRwNtr wt+:wr.nr e.l.na.n.Star,tr 1a-IWwwa•wAl wl L•FdR•a1[..en aee,..a wa..wear. wmwne wow o, o "0 Dr.Ine°Mve w leN.,.1e W b.a+erred Io bwera.Nbe AMwn amw. TM p m'e`eA may ra:p,wa 'fpti ewrower,dMI.. eEd eaeello,-sure.vnnlen no.mvef mIAJvn,=M.n.Iml F,B,.11.O'redd on.L......,b ouan.,N r, .A.IMIIM INTEREST RATE.war no rawm•u-I we.-Nd,ale M UN..to tared(.creel Id any INMr dent.nb Emm� r,MI N enllnIt to On no.,INIA LIMA I[uN.r1 N AN IImMllvne d...0 pltl(..der Inv I.R..N c.NAM.:B -.B A,-).NLur al 10 OOOW wr mmm or IM maAmum Ne alawe0.y Fppubb non HDI BMA Rsaunl M Draw F.d LNn Gu,nnry W Ns,mail,small M M pnan Beak n.gmMe d..CN dnU l W 2 WN,don TN.m.fi.ldwm INIERE6T CALLULATIDN METHOD.Imew en Nb Nob U bHNAA.en,]16bal.NIO;IN.I.by.Dpe.,.np a IN In oOM To. ,MN ado M In comp-wIN IN Can,Vurllvn to.,Anrn A.-,wlµa 1.b.Feb Id,.1—ei., (A) Fdvndd N sµ a It 0 dale.OORTlled M ma.....dlp xlndip.bNanu,mu111Ddd by IM µ..I T.yw of don Ip p-Iml pllnrF n, AcroNa-won.uwuaon.of w eumamed onto[d 1.1 b e-b any of BO.ower,ewoums wln Lmde1 TN t..;d pnnagal ow I.I.G.AU Inlereu wnN.tare,W Hda Is cwnpN•d wnm mu 1mN1N Be..awmp on NIL Noll It an,lime.Y be IODMW by erworornenb An WF NMl or OY lentlela Nlemal Or IMJtdtnp pM wmpWelpinvO.Ouid. lla[ER.Gr•aa uy F+v�m YNunr a wAI[<'M+•a1N Er+w rFa ma AYeel NNa10 w paMaln+EY r!Y1[h PURPgSE OF LOAN.TN speefc propose er IN Iron Is:CanFbuawl el re 110yb,ore. Comnlurvy V Pen 1 C-1 E.- .o=w.'Y Na-m qe vFlLrel uFy µ don MFW Ly law bbl b W Slrool,Buv9rq Al. �>.1k1 w as Sst..rav wr.FY Aay•rnd,aw s+we,mlF•vlw Na sa(Wsr w.-rrL wa,apnFf M1++]dsstt BdrnaN 01 p.'p.wY YhLkaO.L•YA'a'a\n Yr paNR 0 B(tlutl-J_-ireu FINANCIAL STATEMENTS.Bono+nr apart ID pmvtle LeMerwN[ucn Ime11[1L edW:.eNLaM oNer mlalea MbrmaMn al LUN.eaueroµ ear,pp/laam ap,tl lelY Hq LatlMlsll•'baN PlAayywN Ne',1WANd A`0M ,M t cam SNJ ULFnN:mIY leawMey/ewul •a•+/ •wr-w,•Lwv...f.•.nr B.+pw lw:V wvp.L l•'.In1 Wry+'.'.a'/•/-►wMvvt.a NOTICE IMPORTANT:READ BEFORE SIGNING,THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ nor+n�. :son'~in rf.y 4n Inrmn wrnlvan gwln.no.wanr.e.rnwal rwpr wrwl�,Frry.ry reeo CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL A/xw M.ywN=,Irw�r1r MNM•e am IrN wfraa,r.lwnn 7aF^a LAY d�a Fww,r--'wty2w■.BI,.L PAN pn.l PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED,BORROWER drla�sI Xw Srwu NXu Til�wrui,=40. ~wRAA� ��Li FF*~Fwl Attr Mae MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT LATE CHARGE.If a WrNkI p 30 LIM or mare Ub,Beree,MI M cloyed 5 000%a IN mmid wroon of.NepuUdy µpd.Wdl VC.dl.A INTESE519. TM acme or Nn Nvb.Mm p dndy wvn Bdm/mr,aw won boom-1.Mira be-1 romeeerrooket, wYmmL .-...and more.,...well Nun to IN pneN a LeMm ear N1 lucussds ana e11" INTEREST AFTER DEFAULT.Upon mI.uE-odtnp IAINm 1.P%uwn fin.,m.INry,.Nlare,l nle on Ilb.Noe I-to-a-to NOTIFY US OF INACCURATE INFORMATION WE REPORT To CONSUMER REPORTING AGENCIES- Se-mry n.IM Lendd x Law•r 18.000%H,annun buN m,ynr of]60 a6yN Hpwewr,n rq vwnl w1N Ne inlerotl 1.b dawaa Na mevmvm pRenFl old Ivnruwn, fes bO ed Lora nel)3Iwtp le seM ID Len]er!el the rvpannp Fddrn�Has Bank On and Contemn,AST:Lwnl5emcnp OeDI.131 eh e,applubp l.. SVeel PO Bµ 10 HB[,M 52-o'e0 DEFAULT.EFmo(.IopmMly Wp wMMuUMswMofdehv0.(Ewnlof MM1tl1'Itaro W,Nota CHANGES TO BENEFICIALOWNERForb I,Hm µworn cowndMhneP<W Owwnldp w.,,M,Ip Vg.Son�1 w 4 Nm I-wPlbla Prym,M.rN,ILBdmws,URAIa nubanypa_.IMandueuMer Ud[NNe- Intl,BenseMTry Cvp nob•Wendupb mH Inro,-O malloy weenendtl carnal•.d.enllal bdlHdu•.,I NM•r.wn.wl•de, OBA,Dedwu Bmw.ar lade Iv-N WIN ar le wdmn enY abler-,egwwn,w MN d wMltal wnte-m Ns Note ar In p mY,nwnprM ID-W HNI1 pnk And T1.1 CdnDaM ol+nV EMnpb w 1N WfelwNw WllIdId.. ro oI N.III_dowmenb d to rangy sv,m m b wtdm•try Imm,vps'p+evn,mvww,l d-n1M wnlMrod N any o.,wme.nl GENERAL F CORM NS-II on,p.a Ns Nob umbl b eO.Coo.W,At,w0 Mt N.Jk I.I W Nola Lander mry dolly d lo- p...b-nd Sermwr. wdonp my of a,np.d Mm dkN under I .. - m BvrmwM and, e.Nble,WNe a elenlallowedbyluv.N. 1vtl lne 1dt wrswwn., -Id°ndaM mom bFavor or TM1d Panlva Borrower or My Gnnly,plasma wwx any IN,erinuan.I wdR aewNy aB,e pl,bm,,a1 F. placenNwo,dw.µb Id prymanl aw Mlm ddalOt Uwna1ry NapeIn.urw 11" ups wrwmml a sM a.r sprssm•M.In laves q enY alMr oredWr w pow Nut mry NIdMno snap art a BorloweN DmwM o1 Nose,aw unbu.IMw••e wpmsery Xa b n,Mp,w wM unto•IB.,ear Non,wiieNw••aced,Pwrwdd,acrormlodal.1 mdt•1, BOnewefe admy to row,NU No,a Orpalorm BMmweM1 OMq•Ibns leMa Nls Na4 deny of lM reN-ooclmmu er4onm,enL be 1•b•ud hmn.,Wly Ion pa-awes Nal Lender mry renewer e+eM Nepededy eM drFM brgN of mme,Nu III.Sbl•m•M•.Myv Ony,roprounb.ana WlemeMNaadkOr,I-b loml et'E.-r w on&.rowers bFNll,wmare ban Dr�b�i�enY wry or 9-al d.glanrol;or I Pdb,lµ WnWe Won v,oNd L (`&:w yWerhl M Me Folla nE;and IWa _ ry.wr warn barred-Ttor,V,U-1 wIn-IM-11.1 v1 n=W_.. w eonµ UNA.911,Inol I.-wy mvMN [:u,nnt�„wens.bN enomo,.kknoed or IIµ Ndao,arµ�oMwn pB vNer Nu No.or Iron rel,md.lIlL 1W[Nob I[Um Na InnwMou1IN-..1eI.,rononbI—olem.n In.wn,wln-.11M lnma-Itamade lee-9.1,0N under Ins Noe d mUHwrO N FM mauNl.sped eMm war one,.Hume Team M 1ANUU drd hrdnm M. -.doe nl try TON veneed. PALLOR TAna SIGNING beat to Iwohn TM a.-.of-,-or D PRIOR O SIGNING THIS NOTE,BORROWER READ AND UNDEP6TOGD ALL WE PROVISIONS OF THIS NOTE BORROWER AOREE9 i0 THE ry- pelwae of k B1 election o 1..1 n On. wry m•nA•r-re-Iron TERNS OF THE NOTE. BMr p I U µl vast bON,,WOf 80 swap n a pay bnlnn•or N1e Salo of any m rlId.Ine irmq t le al Bdmwer, eME cq ACA'w:lw_E tBETLmyw 4"I"IlLtm COME W 1.4 mEpgSOR/ROTE Aa0 Alt ors 0SIXtimms RELAIING SO d Na wlno,N of Nr Id My'earl of Bonowen Or.pMry,irry auNnmdM for Ne bmem.l dwdo,1,any yes of dMpd woMouL e^Y doaedovlp uMer enY prbrupNY d NwNercy bona et'd wewl Bmrownr. INS pEef. GndW on FarMbw Pmcndlpa Cdlmnncemenl.1 a edostn or"We Pran'dler vox by kHoel pr.wedy-ID, E0b1pALIE nwa-tion any DON,melt E an y y dead.,OFBor-or by an,Bo TONN MTErq AB-I try-..Iaew,vrp ONE Nm m,U N WOeL a wrNNmenl pl enr of Bartowen acmunls,vuludip dew•A acc.wle,won Leone, Rowan,,W Even1 a O l-Mal bof FD,IY it.n b F paotl IXN tlupub M Bwmwsr a b.voAohy D,nssavbbm..oI Ise Pam_a INe pen a Ne_e or neptn mace.wne am NBvrrov,e,Bxes Lwpr wrlNm Mpwmlro dedMrdnlnRme pnwwmp.w eewam won Lmam m.d�.1 AAllY OEIYLWIIILYlT 15L F wrmr bona I«.deeiWr d bnetlare proseesnµ M.n rMtm dobminee W ImN•r.N Ib ea.d1w.Wn.e Dome an,de.t.l. row r.r me aepWe. Encdlon;AlucnmsM.11 eswueM or apchmenl ISlevbd ApBIM.Ca.-I end slim-NO d a...-s Iesmµ pl oral nbe. � ,w 7Ywi I>n�K µe W or cloyed wNln Inlet(30)den ale,.smm It IeNW a tmpWn IPhmu Dt aelwF NF Ann, r wbm mot'Be_vl IN CXUIe aI•umn Nal Ne preµpnla Mew.as vl Ne delbtwanl, a spear N.rdUled dewmm�q wade be In outs.of arm]MNg ddrunw ar mBUWwn or pus. Nctlw meN Wredl Under ONtw use D kNH o.A M-1 o OONer,nY oU1m mvllpepa,dole of 1.1 d wou,M umrnenlswwMg•F w.ny .-Ole,Capbrel J.-.Uden pepueby p by Inwmre in IN.,.on.1-,,TO envy of,-KklG.nl Or.AE_nl a money wlvuq mot Dun 1m m.1N.na aaun IS10,000.00)psM[I edrower•nor Ne INNm by Bd,cwer n mmµpe me NON.w paw A lu be diuexpdd d pared 0to Lxlder,uaH•cti.n,-In-,1.1 day,(ram me don of.oMd,decree or pw,,uMer vmwt ar wuwnl bwNch-jo le-I wms dlw,dd. EA7IPA ATbLIrq DIFmNu.A7/el T.•e YFJIAne hsvd savor wN.teed.lq fy..Ur.ea vlry bE'el/aary6l,u,Asyr,armor. ttcMl•'.ewN OFwY sl M H Ay•wlwwls Y MI Onyaaar.Ar art/rM pmrra.,onto..,xPvy.w seNA-aYa,pang a Loners.Yepu+nN•e r xWmF ae.n+p..adw.F Fr,X I,aBry�.w..-r W++p dwnduaaea.Bn„deve Br NN Ativta•CM.1 T A o"a i,l wvmw manes o[xuF N Bartowen Mwda wndipn,d lewm be.vves Ne..sped of prmenl o, wnamNlt�oI mH No"aimp,imd. GUF Prr_ II arty dome.CON,Iwn•dt-m paym•.L b amble and a Mrrvwer Me MI pen BNen a rodre M B Me,m of TO tun of ma Nose wlnon.VnrvowG lMvd If21 menNa.It mer,be wed N.-,,pnan Lwdm Nno.w ,N,nossa to Ba,..ur eonFwlrq arm a,um pews It)aR dFlau.-1 on*(Gan:or 121 n n recta.,toe- IA)don. ImmwrmN NN+Iµ•spa wnkn lower deems In Lerbdh wV O�Wetlm b doe farim1110 Ede Ne 0e hull.ld NenNer w1Nnw1 rod rompbb• nary elw,wMaanlbwNuw aurPlunren•em as rueontly plaNwl UGkmRS RTONT3. Uow adlxN.Lend.,Toy a,N..-onwd pkroma bNmm uwn Nu Nde ear of.mum1 nlem6l mmwulery aw,and Nm U.-I BIT.1 Exhibit 28 to Petition Exhibit 28 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT �-• - E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT BK: 6324 PG: 664 Recorded:12120/2021 at 3:15:46.0 PM CHANGE IN TERMS AGREEMENT ,t __., j •, County Recording Fee:$27.00 rw.IPsl ETMn sFw AIxpNRmN Edan IAT GrF pB Aeeeulx - Iowa E-Filing Fee:$3.00 s1 Dae.eo oT oa•+D.mx3 Zw- sop rAwAEIt Combined Fee:$30.00 .e...r.,,. ...nL.war.Arq_;_r.a•--w�.�NwarnrwTP.:.:e r...p�._IRNere.- ---. Revenue Tax: Kim Painter RECORDER BnrowaT: NNn DnNepnanl uc �landu: nwwr�«ex�.a CeAt�, , IpO,..°ily,u sxxu iaiNan sv..L PD eu fSa Johnson County,Iowa NW.IA Sxx]S - laau14153T2S Principal Amount$1,000,000.00 Dale of Agreement January 6,2023 .—HIPTION OF CHANGE IN TENHE..—EST DOE:Acgrtl HN,nN dw a. PI Faunal„Xssa,aDa.m. IXTEREaT MTE:1N InIMN PAN m Ou Nae,NaB Se OwpM to E F1tM W M d a]50lL ry,aygnHr'ru•NrhlrgrpsEwrr Wai-INR.+m6'IryP^af. Er,r00.pppre pr*r♦radf amr wwS cur,nl S,wubSt.6G0,IRp as Orp-Lpcn 1..a1bOO.WODD —CweMFl Ran EBO'A FDtEO Cu,rvnl Madill I Dm I-- IIwMd IRrAeRv,r eve.a:. FOR RECORDER'S USE ONLY MTWNT./puw�TK ITN Nm hive Fww'a+r rwwYyy4rttra+IYt eu ur+«d unpad NurwmWp,nl To,tail M Prepared By: Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hills,IA �1ewsFe w,.,.iE�qw..n�,..�pr 4i.w nmriNe eru�.�e.w^�o,^l arwe:y.°�"°m.FrlroniloN e.Io�ule w`I.wal°Yfm. 52235,(800)446-5726 canwl.o Y'ATdarrr,lrarr r.m..ur r,r�w A♦ Waaarr..r T.raM w ww eAe.n°radrree4 WaHq M q....a.,.ewpr.Tnwno v.evwaar;.:„_n,e,r>u,pd,rMxA.t lnp.,Pd,+,eT CA.Aw BA lw.wmar lq+raarO den ADDRESS TAX STATEMENT: Allen Development LLC,PO Box 3474,Iowa City,IA 52244 wp,naw.y.++e..w•[.I.cw.y.:v+-�u „uawYs..ww,y r..rs arl..r�.w��Mrwr eie„�ra,rr�iw 1Var..^I•�icWaa" i w,NI Iy.War��icvvwq�°teA,rA+W.d��us T�nR m�"r�wua�� ea.nea+e.a r Ave..err N'r". RECORDATION REQUESTED BY: L WPORTAhI�W,wa-,amaa%n1E Yaa11i E 1 AGae[N4x1 911 tLT escAuss mrAr Tress rears w`vexrtv+e Aa�fx�"raR��AeEe frD o ufplOEsr a�os� Hills Bank and Trust Company,South Gilbert,131 Main Street,PO Box 160,Hills,IA 52235 Razor.- pWcuE igArs opF 1Ne LOWIArreAEEAI�Exr OrLY YY IAHG74Pk1Nar{iEr GAUAO�YEM0.a0R%arT.R COMOITIONAL fMONNA ryPAYMENT ANTXDRI2ATXIN IlOn urWrWaaNW°d-AUImwIIC P .I.*0—rya.ln^en-a, D WHEN RECORDED MAIL TO: m•�• i..l:ua`. `.a..vrnw.,::'.uw,. �• i„�„�"'rrr�'�ar.'ain::xo.I-,w,...r*.o,tw.r+do m...n.Ip ,Y Wlrao..I F.aeriw,«m a.Re>Me..a u.E ten.. Hills Bank and Trust Company, Attn:Construction Dept., 131 Main Street, Hills,IA 52235 _T"iD xanSlYui MNIR ta•Molan„erourt eFwH Fr Me.yYl O•runA.�a.eA M N1w Eraw I,utlry tluI l nave govwd r.q aab,m l!m Omtn„Trw m,MM dw lerer,er„avtpwu,rhMl rnrnw,>•YM..P.ee.rR lNmlmrednPNMeR, RFPY s^rvr X4 eW rd Twr C�arT r•N'e+•^p,I°N„IN,nn,pen pwxe EaNiX NO110E II tlS p,wn,wry roY Y Wntd,NeI,WFAar,tlw Pe'ae,,Etaa b ua Wc°me,yuove,M tl°,prmuupry mn W,T r°•nao-,la.yxwnw'xnr.,rnew.eww-wa_ -.._.:PvNI..:u.tw..w+w,;.l.r.H«Yem.N." n..,Aa°.N...�.XA,t.Fa„�„y�..•.,,,,�,a M�.Y•,,.r.,,,,,�,e.w...,,�.,N...q...aK,,,� ASSIGNMENT OF RENTS wpp�''lo m,la'Ina eNco�s eP^ nNatmpa� '••••w,r.r...Pr e.,..n•w•B l...wr,w.�w+.ed.. The names of all Grantorp(aomelkrFes"Grantor`)can he found On page 1 of Nis Asslgnrnent The names of all Graniaes(somatImss"Lender•)can be found on page t of this Assignment. The property PWR 10 EIONWO THa AGREEMENT.BOMNOWO READ AxO DNDERETWO ALL THE PROWMONS OF THIS AGREEN.EM.BORROWER address can be tound on page 1 of INs Assignment, The legal description can be found on page 1 of AGREES TO THE TTRW OF THE AGREEMENT. BORROWER ACXNOINUODEB RECEIPT OF COMPI TED COW OF THIS CHANGE IN TERMS AGREEMENT AND ALL OTHER DOCUMENTS this Assignment. The parcel Identification number can be found on page 1 of this Assignment. RE—TOTHr DEBT. raiaCwT. THIS ASSIGNMENT OF RENTS dated December 17, 2021, Is made and executed between Allen Development LLC(referred to below as"Grantor")and Hills Bank and Trust Company,whose address .ueR Nr LTE Is 131 Mein Street,PO Box 160,Hills,IA 52235(referred to below as"Lender"). h�- 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: Ewer AAa lever soNP Lot 2,Community View-Part One,Iowa City,Johnson County,Iowa,according to the plat thereof Atw recorded In Book 64,Page 109,Plat Records of Johnson County,Iowa. The Property or its wldrm Is commonly known as 3701 Eastbrook Street(Building A),Iowa City,IA - °•-- �------ •------•-•^•�•^---W 52245. The Real P1009*parcel Identification number Is 0918257002. 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. Specirically, without limilalfon,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$3,700,000.00. THIS ASSIGNMENT 15 GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS n ew,r.raneAlr nun ruc on nren nnrnnACAlrc rule neetr_.Inecur Ic r_nreu nXln nrreercn nAI Exhibit 29 to Petition Exhibit 30 to Petition a I k j E-FILED 2023 NOV 29108 PM JOHNSON-CLERK OF DISTRICT COURT - a E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT f f,.k 0 _ ASSIGNMENT OF RENTS Loan No:' 2306 (Continued) Page 2 Notice to Tenants.Lender may send notices to any and al!'ena-o!me Property advising Mean of this Ass On men'and deeding all Rents to be Paid dneclly Id Lender or Loa mes agent Enter the Pmperty, Lender may enter upon and lake posse—or of the Property,demand collect and mcewe from the tenants or from any barer persons liable M for,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 ecerver post of the Property,cancel me Rents and remove any tenant or tenants or other persons from the Property, Other Acts- Lender may do all such oUwr things and eels with ewe[to the Property as Lender may deem appropnale and may act exclusively and solely in the place and stood of Grantor and to FOR RECORDER'S USE ONLY have all of the powers of Grantor for the purposes stated above Prepared By:Jeff Austin,Hill.Bank and Trust Company,131 Mein Street,PO Box 160,Hills.IA APPLICATION OF RENTS All costs and expanses Inched by Lender in connection with the Property 52235,1B001 445-5725 shall be for Graders account and Lender may pay such costs and expenses from the Rents Lender,in its sole discretion,shall determne,the eppland,on of any and all Rents receivetl by d;however,any ADDRESS TAX STATEMENT: such Rents received by Lender whin are nol applied to such costs and expenses shall be applied to Ire Allen Development LLC,PO Be,3474,Iowa City,IA 52244 IndeEtboness All expenddures r-wm by Lender under this Assign at and not reimbursed from Ire Rents shall become a part of Ilya Indebtedness s—re l by this Assignment,and shall ob payable on demand,with interest.(the Note roto from dam of axpwm,ture until paid. RECORDATION REQUESTED BY: FULL PERFORMANCE,11 Grantor pays all of the Indebtedness when me and otherwise performs all the Hills Bank and Trust Company,South Gllbed.131 Main Street,PO Box 160,Hills.IA S223S obhgabons imposed upon Grantor under this Assignment,the Note,and the Related Documents,Lender shall execute and deliver to Grantor a suitable satisfaction of this Assighna l and salable slalements WHEN RECORDED MAIL TO: of termination of any financing statement on file evidencing Lenders tecw,ly Interest in me Rents and Hills Bank and Trust Company,Ann:C...Mother,Dept.,131 Main Street,Hills,IA 62236 'hew,e Property.Any lermunal,on lee requited by law shall be paid by Grantor,if permitted by applicable f NO OBLIGATION OF LENDER. The assignment and security interest granted In his Assignment shall not he deemed or mnsuued to constitute lender as a mangages of trustee In posimsain of Ine ASSIGNMENT OF RENTS Properly,to obliges,Lender to lease the Properly or to attempt to da so,or to take any action,incur any expense or Perform or osscharge any obligation,duty or liat liry w-wtsoaver under any of the leases 71%.ri.Of 1.e GraAx ga—lims,'17f—W-)can be roux an papa 1 of Blil easdgatil t. *4 or otherwise. names of all Grantees(LO aclarx 'I.ertlfr'leen♦4 lCuiad onill 1 01thi.AtisrgrklyriL tap prapit LENDER'S EXPENDITURES. If any action or prose cling is rammereed that would materolly affect iapdra is rya IN 14aad M pep.1 of iln Asspnnl mi Try 1.7.1 etpeaM1'an(as be!Wino an plgta 1 of Lenders interest in me Properly or if Grantor fails to comply with alit provision of this Assignment or this Assignment-The EAIH1ld.nlrllegpra r z*&=as 1ciona an pogo 1 a1 Fat Assgnini any Related Dommem5,including but not limited to Grantor s failure 1.discharge or pay when due any moan's Gronlor is required to discharge or pay under this Assgdahent or any Related Documents, THIS ASSIGNMENT OF RENTS dated December 17,2021,is made and.....led between Allen Lender on Gre mbrs Iota if cosy,(out shall not be obligated to)lakee any action that Lander deems Development LLC listened to below as"Grantor')and Hill,Bank and Trust Company,whose adores. aplempri on the Rants or and Prdpony and paying all costs for Inuring,maintaining and preserving Is 131 Main Street,PO Box 160,Hills,IA 62235(referred to below as"Lender"). the Properly All such expenddures rrourred or pmtl by Lender for such purpose s will Iran bear interest al the rate charged under the Note from me tl il.Incurred or paid by Lender to the dale of repayment ASSIGNMENT, For valuable consideration,Grantor hereby aselgns,grants a continuing security by Grantor.All such expenses will Demme a part of me Initiated—and,at Lenders option,will(A) Interest In,and convoy,to Lender all of Granters right,title,and Interest In and to the Rome from the be payable on demand, (B) be added to the baton.of the Note and he appodwned among and be following described Property located In Johnson County,Slate of Iowa: payable with any inslallmant payments to became due during either (1) the srm or any applicable m policy;w(2)Inc remaining lean o1 me Net.;or IC)ob f—letl as a b ill—payment which Lot 2,Community View-Part Ono,Iowa City,Johnson County,Iowa,according to the plat thereof will be due and pays are at the Neta's maturity nail In Book 64,Page 109,Pld Records or Johnson County,Iowa. DEFAULT. Each of the following,al Lenders option,shall constiiuB an Event of Default under this The Property or It,address Is commonly known ae 3701 Easllereek Street 1Bulldlng A),Iowa City,IA Assignment, 52245.The Real Properly parcel Identification number Is 09111257002. FUTURE ADVANCES. In addition to Ire Note,this Assignment secures all future advances matle by Paym.nl Oofaull.Grantor lads to make any payment when due arldef the Indebtedness Leader to Grantor whether or not the advances are made pursuant to a commitment- SpodGcally, Other Delaull. Grwlbr rails to comply"newly other term,obligation,covenant or cbndNon without Hal this Assignment secures,In addition to the amounts specified,n the Note,all future adamineo,n this Assignment or in any oI the Related Documents aunts Lender in its discretion may loan to Grantor,together with all interest thereon;however,in no RIGHTS AND REMEDIES ON DEFAULT. Upon the cam,—of any Event of Di and a'any time event shall such future ad,,=,s(axclud,ng interest exceed in the aggregate S3,700 D00 DO Ih.a.f ar,Lander may exercise any one ar n—of the lo,lowmg nghla and—idle,In mehilan Id any THIS ASSIGNMENT IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND 12) other nghls or remedies provided by low. PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS A...swam Ind,blodndec,Lander she.have the light al,tl option O declare the entire Indebtedness ASSIGNMENT,AND THE RELATED DOCUMENTS.THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON immediately due and payable,Including any prepayment penally the'Grantor would be required to THE FOLLOWING TERMS: pay without notice,except as may be expressly requved by applicable law PAYMENT AND PERFORMANCE. Except as Whemise provided In this A-gnmenl or any Related Collect Rents. Lender shall have the right without notice to Ganmr,to lake possesUon of the Daeo*dfa4 Orantu sha!1 pi'A lut MN W.lYiOarrllb le[al by this Assignment as May become due, Property and will the Rents,Includng Ura is past due and urnowd,and apply the net proceeds, try afua aVldlla pwla n as yr GxarteN otAgatiesmi sal tile Assmnt igne Unless and until Leader overand above Lender's costs,against me Indebtedness In furtherance of this right,Lender snail e1.Uh1[U M,rghl le,eWpbl lip Ra31p K VV MgO helm antl Lo long as mere is no default under this have all the rights provided for,n the Lenders Right to Receive aid Called Rents Stanch,above AaTlgdrtrGN.Oral may fmh.ln In p--.4 meal n1 and agent and manage the Property If the Rents a e collected by Leader,Men Granror Irrevxab!y designates Lender as Grantors cp Ret sif li W rs s dreh d Irul Ify rat Venting $to right 10 gatia l this,this,Rents shall not constitute otemay--fact to endorse instruments received in payment Iherol m the name of Grantor and to LOe antill 440,$l di 10 Ha al al nplt selalded'n A balloulabcy luabo anal negotiate the sameand collect the proceeds Payments by tenants or other users to Lender in LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have she fight at any time,and response to Lenders demand shall satisfy the obligations for which Ilse payments are made, en(hough no default shall have occurred under this Asslgnmenl,to collect am recblve file Rents. whether or not any proper grounds for the demand existed Lender may exercise its rights under For this purpose,Landers hereby given and granted Ire(allowing rights,powers and authority this subparagraph either,n person,by agwrL or mrougr a receiver Exhibit 30 to Petition Exhibit 30 to Petition E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS _ Loan No: 2308 (Continued) Page 4 ''aI'pgAoo la rlle,5-.�S[G.YMEHT OF RENTS Irom tlm,to time. ASSIGNMENT OF RENTS Borrower. The word"Borrower'means Allen Development LLC. Loan No:=2305 (Continued) Page 3 __ Event ill Oelault. The words"Event of Default"mean any of the events of default sal Forth in this Appoint Receiver.Lender shall have the right to have a rmelver appointed to lake possossion of all 1 Y; Assignment in the default Section of this Assignment. or any part of the Property,with me pourer to protect and preserve the Property,to operate the _ I Grantor. -re word"Grantor'means Allen Development LLC- Pr"Ay Toadied rNYbapra n IA.,antl 4 oefecl taw na Js Irom ins P.Mpem poll spyr 1-4. ' 1101ohea,vrst lew Valleegoescau of Fred bacuielaohP.ngahit me+ndemeaneas Hie m4ehsr ivy r Indeblednesa. The word"Indebtedness"means all principal,interest and late fees,and other acnea often trend IT perrlialed yr,Few Lend"npM la the apppor.finent Or a mailer v Yeats amounts,costs and expenses payable under the Note or Related Documents,together with all aHaell al v M the aFpmpit.,a of"14ege11 M.Ns ass uadsa:eMVGt by N 1potuhli renewals ol,extensions of,modifications of,consolidations of and substitutions for the Note or iprgautt Related Documents and any amounts expended or advanced by Lender to discharge Grantors Other Remedies.Lender shall have all other rights and remedies provided In this A-gnmenl or the obligations or expenses incurred by Lender to enforce Grantors obligations under this Assignment. Note or by Few IogeLher with interest on such amounts as provided in this Assignment. Specifically,without Election of Remedies Election by Lender to pursue any remedy shall not exclude pursuit of any Imulation,Indebtedness Includes the lulure advances set forth In the Future Advances provision of other remedy,and an eleelion to make oxponddures or to lake action to perform an obligation of Ihis Assignment,together with all interest thereon Grantor under Ihis Assignment,after Grantor's ratlure to perform,shah not allect Lenders right to Lender.The word"Lender'means Hills Bank and Trust Company,its successors and assigns declare a default and exercise its remedies Alto rneyc•Fees;Expenses- It Lender insGlutes any ,it or action to enforce any of the Isms of Mortgage. The word"Mortgage"means this ASSIGNMENT OF RENTS between Grantor and Ibis Assignment,Leiider shall be ell to reeovor such sum as me court may adjudge reasonable Lender :attorneys'fees at trial and upon any appeal Whether or not any court action is Involved,and to Note. The word"Note"means the promissory note dated December 17,2021,In the original the extent not prohibited by law,all reasonable expenses Lender incurs that In Landers opinion are necessary al any rime for the protection olds interest or me enforcement of Its rights shall become a tensions s of, of$1,800,0 f, re from Grantor to Lender, together with titl renewals he aopad of the Indebtedness payable on demand and shall bear interest at the Note rate from the dale extensions of, modifications of, refinancings of, eonsolldallon5 of, and substitutions for the of the expenelture until repaid. Expenses covered by this paragraph Include,vvilhout Iimllallon, promissory note or agreement, however subject to any omils under applicable law,Lenders attorneys'fees and Lenders legal Property. The word"Property"mean,all of Grantor's right,Title end interest in and la ell the expecaas,rlrRaar w rest tors n a 4waad-mcf imng iaaornaye F1as ends a�aaua Not OVNeaptcy Property as descnbed in the"Assignment"section of this Assignment faoneillyl flopllydsta 0%;"I to Moduli,n sal ahl,eurs na=alai or lnunetiony ANIP IL and ayy aNAplleo pew.ploagrraloe eeaecsen senee3.ma redo of searehsq reccl V51V111»g title Related Documents. The words "Related Documents" mean all promissory notes, credll moods jWA"kned,tor►rirpoo .—yotV sixteen,and a;ous t lees fide rmassrxe.and agreements, loan agreareaf4l, Vs nrohnnenlal aghmsentf, guira1t16.3, security bgaiaemelta, fees for the Trustee,to the extent permitted by applimble law Grantor also will pay any court collaWral rnAlr and all other 1petrumsettl6, costs-m addition mall other sums provided by law mortgages, locods Df tAS.. �sl�'now or hereallet a gages agreements VtIC tlaWnilcMV,vrFellNeT eiatirg,eraueA in ronnedletl Win the MISCELLANEOUS PROVISIONS.The following muelloneous pmvuions are a pan o Flh,s Assignment: Indebtedness. Govemine Law.This Assignment will be governed by federal law applicable to Lender and,to the Rents. The word"Rents"means all of Granters present and future rights,title and interest in,to extent not preempted by federal law,the laws of the State of Iowa w11hout regard to Its cennlcts of and under any and all present and future leases,including,without limitation,all rents,revenue, law previsions.This Assignment has boon accepted by Lender In the State of Iowa. income.issues,royalties,bonuses,accounts receivable,cash or security deposits,advance rentals. Choice of Venue- If there is a lawsuit,Grantor agrees upon Lenders request to submit to the profils and proceeds from the Property,and other payments and benefits derived or to be denied lunsdidmn of the courts of Johnson County,Stale pf Iowa from such leases of every kind and nature,whether due now or later,including without limitation Intmpretallon.(1) In an cases where there is more than one Some—or Grantor,then al it words Grantors right to enforce such leases and to receive and collect payment and proceeds thereunder. used in this Assignment in the singular shall be deemed to have been used in the plural where the context and consuuceon so require (2) If mere than one person signs this Aesignmenl as THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, "Grainer,"the obligalwns of each Grantor are joint and several This means that if Lender brings a AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE lawsuit,Lender may sw any ono,fir enav 0 the r.a it, It Notavrret and Goanibar err rd4-the SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON DECEMBER 17,2021. same person,Lendp neC6 r,ce Sin gale set BrsL A flat OWds mr reset ref 4e)Ol 0 any lawsuit. (3) The intense glom le prayaphs or aaaern N Wa Am,;a &Ma fa n coerrese ce GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS ASSIGNMENT OF RENTS purposes only They are not to be used to interpret or define Ina proveJons of this Ass gnmern AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT, Me rgar. There shelf be he meager at ft iru dint fir nblea asealpd by this Msgnmenl with any GRANTOR- either interest U estate P the Arcprrr at any time held by or for the benefd of Lender in any capacity,welhoel the written eorlfehl of Lender. Release of Rights of Dower,Homestead and DlstrlbulNe Share- Each of the undersigned hereby rehnquuhes all rights of dower homestead and distributive share In and to the Property and wawks ALLEN DEVELOPMENT LLC all rights of exemplion as to any of the Properly. If a Granbr is not an ownm of the Property,that Grantor executes this Mortgage for the sole purpose of Ielmquishing and waiving such lights. Walver of Right of Redempllon. NOTWITHSTANDING ANY OF THE PROVISIONS TO TILE syl CONTRARY CONTAINED IN THIS ASSIGNMENT,GRANTOR HEREBY WAIVES ANY AND ALL h .1 AllsA.Namyar of Allen PeY0111pIpOgP LLD RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE 04 GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON,EXCEPT JUDGMENT CREDITORS OF GRANTOR,ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT, DEFINITIONS.The following caplahaed words and bums 6hall have the lollowirg meanings when used on this AssignmenL Unless specifically staled to the wnuery,al references to pT1a,amounts shall mean amounts In lawful nnehey of the United Slates of America Words and terms used In the singular shall Include the plural,and the r iagr lea=r'4i the singular,as me CWW-t MY Icgede iMsts and terms not olhenvise defined in ads ASFgnmenr[TAN run&mo maprrya&W,*. 4 To meant INN. as ole Uniform Commercial Code: AvelgnmenL The ward"Assignment'means this ASSIGNMENT OF RENTS,as this ASSIGNMENT OF RENTS may be amended or modified from time to lime,together with all exhill and schedules Exhibit 30 to Petition Exhibit 30 to Petition l E-FILED 2023 NOV 29 3:08 PM JOHNSON-CLERK OF DISTRICT COURT - E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT ASSIGNMENT OF RENTS Loan NI=2308 (Continued) P.S.6 R PROMISSORY NOTE +afyfp.l Lwn Oala r+++K1 ,rrl a Gtf cat Attsugl atmcw LIMITED LIABILITY COMPANY ACKNOWLEDGMENT sl.s-ow, 1u.le.xlu2 le- 1 1"11. 1Araw 1. ua ,ereAIL ' pAr.+titmme Cwee w.•a•t NY lsnabY.y.w�aa.._eanl !Aa•ppm•RarYwlM.xra<t Ma.eM%+V afaeyyw, vwYvwp•rvlMUkn• �+es`y STATE OF •,--iOU--yyL Borrower: Al ow.WP-1LLc Lander: ur wEwnw e.rwq lou.cNy,u axe• a<nwn slmn,vo ape eau _ I SS - - Hu,IA aria COUNTY OF JohVISD✓l I ten)-725 =ipal Amount:S1,660,000-00 Dale of Note:October 14,2022 t� .PAY,Anen wv.bvlmm LUC I-ewr.eerl wmra.n I p 1.Hnb e.1—Trotemnwny-Lmd.rl,w ord.,,m—moon This record was acknowledged before me on UC.LT fJ'Y1Git/ �1 ,20 Zi by Jesse J mlum•�nrl,,.�yw,l%,kolnamo.lioe.m.rPwki,mi.r�.i gel m.1A,a-wiUnalrHyrl.kwiwbTrc,a.un.e..Koe,wcmal.naAaetNm el low Allen.Member of Alton Development LLC. INTEeEST—LIATIDN NETHOD-wraaraPe wma•n mknn nl•a a.yoox vn•noun a,w an•y.v ar]eo a.Y•mee nc,ruo N ....r ey den of won edvanoe wm Nymwlnf—h-1.me Inbml ran nuY cmna,undo Um Urm..nd[ndldow aI1M i l^^_,1•` ry MarERETTdi AFTER oEFAULr..cllon ��•I!W MiNH;6nraary wal P.Y InN ea.w eras yrnw„u aW1.rr!pyyaa Mu,.o,urvve txNy ly.rnl p•Op,Mr[1 iplS.N Note Pe61lc In end for INa Spate ot, '+'!Pn npab.•e.wa...•I Pn+.w YaN awr..y..r+•wr due.a or wca ra.ww nl..tq.,IPq Awe TA,saps, TES SA MIN WADE ry �v•k.a•••'w.mat urm.y u rw M,r.lwA M woes AtaT•w Y.ar wL ura. .m•r.a ly yaAe.aN Nd..nsea-Ipea -ZflLll7.0� u-,rna'Am++Iwraw.ekaati,r..e wurrw,m.nmua.n.aaunwminl.rwL.nam�':�'o nonevnn<Iwlnbemom,r DpmmllUoe.Ta1111 My commission expires I ! 2 .. I+ewelr t.aa.LNLa.a+.rw,elaww, NrmlH.d ey l•w. orrm..rwU vw l.nd.r.I Lma.r..mnw.lrwn.ew.ar My Cemmb Eap CIaeAlow6 e lag.duYErR oE1Sa1 T9 l.L0A0T0E%.p1e r Nwa w 1m rdme a e mwrnwVaNrn D.lr a icunCbpIwcw for any ri h.dau.11 rate.npm pl N_ unfarST a T10v lenlaep-vrr sea 11—a aw..ks w.aaanap arN mot l.,M,PPIyI.p un rar..1 Vw InInW nk MhY µ Z 1 trb:` 1F .3--.1aMd by m.nllul numnr of dry,m.p 1.1 U.Ynu In PIaa.Ayu.Rr 6a"ar•a,an•rae M11M h..rb itl..A anana dF a•a a.,K yy n al a,a W q W Les anx.w+rpM p:tax.ccn faY n/.ua+nwr;,y Tern.ICaa ne.ksy v novae W u+. E.r.ta br e¢ LaserPro,Vef.2040039 Copf.Flnasfla USA corporation 1997,2D21- All RIgnlS Reservetl -IA q"nT U-w1�'r'V!'+�'Q ' DW++vM.r renvnra pA+.rew sw•Or ray arycrk.Pau...rep pA.e C:ILASERPROIHARLANDICFhLPL1014 FC TR-113931 PR-42 yes.anae..�,Yr.Aso rc.,inr�w;n Fe•e t<.n r. x en—a, es ve w.rr.r�rrn mar e ..v-tee,y5a.a..r�f.ca a.n�+[IaM....lam+e..wAyy�lwMLT!Jnt rates NPlrfra Wi-Ne 0.Ynw wry.Na•n eAr+ry r-n'rr wwst a•r:I.:u..c Mr.w.n,>swtrw ww+ba..p.[,a.'A.Aw..Naasy rr[Aerl wrr Infanua e.grlw.w mN..mc,kA enn;N,alien tw1 Wn}aii is ere err.awaw a e.nitl'YMW arN wen ea'idkx.Nemw.wratlw.W,t A bir+.enpww.wwn[waN w.karirN.eN la Iy 11•M aP.11waC•vgra,APrw xiW oval-ullaway..cnm•asaa.l.erruaaw LATE D.A.E.II•wymenl e M day.pr moro ala..,rower wn ee cnerved 600pX of me unpaid pomon of me npul.rry a-,— Pwm.nl INTEIEST AFTER DEFAULT.Upon 61401.m N a—In PAY upon f Y la—Ina rr—t rate.e an,NON.n.l W Inveena m I o 00o°A per nmum eased on a ye.,of—nr..H.wner,in m nsnl oval me innre,l ab evwed me m.mnbn Nlernl rate enwaona agar applwble law. DEFAULT.FaM of mo lollowng,bl con.lauk an event or delaulllTvenl.I DelPun'l unde•mn N.b Payment D.leum emrpwor e.ma.anywymenlwron eueuMerinv Nob rymwow.yb,b,ow•NAN-1,wlln.r m Par—any omen temr,.mai—avmwro,amon..wlnm mmn N.Ie ym .mar.p oraae am m P etw�.m¢t s..mplr•nm.r an«m Ierm, .n.w.elw,I.r..wmm�mnl.ewa I— la.menl L�srrrn trdar Has odmrr� Deti m emv to Tys o eta P,neaw uZ,or:eu of e.vi{.awry Ayyrr;P—'.o• Awm/su4l rp l~oF111ra MnCkw4nv 0aePn��eadWdwaon trut,ruY,rmin..Y•*new el ae^.wan PruPeMu Yaymeawlr rt.Noe or enY a.Y♦a>r.ip:Yctla F.b.l4y.syt.Atl wanT�rY w—ea— fYYnwa e—.EA'Uydtllava eannvvw v aenr,•a terra.,Ar ev G a'oa'.w rr µb."a�4p'.an< 1.tvanra•Eaaamyrrgpwd H.N*]u aH Iq'A tl x4 rWxsa M'rm.-n nraraw wimNM+.wq elves¢•ne.rfead>•5e•tareunA•1 wPr.s x�ra.r.e'aW'ar rd,rrC.Y Aa eryAPrela eq fuv a!•ry or--nnk.m,narerw„pea,rr.r..n.e nrew easea,.•..vrrace...kw a•.e.av-ar Ane,e.ev W Paw ee Ns.T.wrr.Tr.e.,a..:aN or ea—e,awe,t or wA.ar ii m�.um.a man w nLmew w.amrara rc•A N wa%.raTpF we�drr•ir a.rwm INa nrwH WSla ps•s.CW iure,r.r..v,.a•f•+Aa�xFMln.ei er.awi.pN)u?. n a.•nwruw.a•I aTa'r u•.A.A^]wn•'N V. aaYi.sN",Y way xrQh••f,,A [+.seal.r enyaw ar:wyl C.ae.ey.r..q.r.reAhTw a ley Iv-#r�.va.nlwvr q Mr wo-�.d.p..e+l+wb. •nab w.•i.rwar¢�af Ps�ewM w.ebn�i.t{r.�ye me va��Mvr�.p.ME ae�pMaeflW ran.y4 MN•.pew ynrl ndNethealm..t..k W.wulrw'n.e��•�'••• spy wmv.rrrl.•F•eww¢a unNrw EakAr.weew(ry.N�FY..vie vw•LNCw NeM ae.dMhkY.r -IAA r.n m mw to ti.,cw Ann.w.a,n n w.r.y Nwn Mxy.l.rgN,h y.�.y pa�.s�n Nam',,•.deawN EAnua Allacem.nL MY ereMan m albrlrmenl m IerM warot me CdN:enr aid eurA a enrwr,w etmuymTnl u rest wt.eWe- • umGtl m.kYed wvlmn mury f]q daYx aMv ma dame m lev¢d chh.nN n1 9pP.N.a..TnTN.A.tcr.py....gpr.ArwWy..r mPA•wA#ry.yr,AP•.nw.aan■se.[.ty.wiped r imDle..•+w-Wes Lmca Mw.•�mn. :mata-CwxwY r,wr_� Pt..'a Y/ea'.•i uet esNew•erat nlaled dvwa.y ypa{N r+Aa.,dn tl t.yn a•.Yq van.•A.w w►1.'pn r pys r.n+.av-•.taea�,a. gl.ull Untl.^gNr Wn Docum.nLL A delaull Dula.uMu dray omer mcnpeae sera N Irv.l or.ecwlry aanem.M ewrirlp ell or arty e.x cnu;nel ,.q.LA..urnn axaW a•eeM h n,r w.ee w w aras'wa re e.d.anelwL °w:.g1i0w°0:�wnn.ybq-o Leln s q 1 aT ae e�I.•a—w Pd. ani nw w Na�a,, & a%pv¢rrmor wnr+x U.rnu..-w.paaam ww nl...a lAaAw AlNea¢16awaecm Ares el mePepp.Wyavrn ran vntnnuw orrl eur•.an-ray Aar..�.P.ve rriayar,wraly, a+.em-,..dose ary a rl a me-ram a..r a�e.:c.,p.ry aeon sa.errr•.IP.m,.F.elr,R w.rA.daron oanY 1„ A,—.t Y t.a:a,en..w.g of.r La wa:ray,a.�q„wrwefar.e..re.a.«a• a or m!e ANenntnmar.A mammal,dvmn cF:qe.aura in Borvxah bn.nutl coneman or IeMr eekva,me PL{Po[I W p.ym.nl m Podormanz of Ina Nole at impanel. Cst a,m.t aq,dory wox,r.¢rea.a-.Winr+ry.Lnw.nwAee..w¢T H,w p.•P'w.a roes•,,kaa des P+Na!t..vrn I^e w.tn•a iwti rt-r mr..-A.n,.p N•.t.a.IYYs.ar Yy.r.rf.weawn K.p I. a i•:�eeuewr eon oe.,c�ne',a In em rs a•w...vn m•nfpp.. rrtl ono.. ryy eaaya abw W+Lp.u.Mrl.naarapy ara.w:abvbu ae'a na.NPdan sm ew•wfapr.w Pq s•vei.e.a yu.rru.Ar r•e.•vn✓w.•AeawH,a vav+k[a'9+aa n use as YpYwaY PYGW p5 pIDNTS. pon�eleua,L.Mer may declare Ina-a--A D4 601 e.bna+Me,IMa Npk.M as.woad—id Wart.: rmed Y e,eW n .rawer wY Net amount Exhibit 30 to Petition Exhibit 31 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT t E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT _ PROMISSORY NOTE 1<I7'1 r t _ Loan No:' 2322 (Continued) Page 2 1A L rrpRarrYrW,—ealI uear ArrAn r#aY alcesa+a NLd.ra naaw rtWrayr°,a rnl oaf•0em' rMa rry nw aer,�r Sea YA.p laGaYRa•Ta^4�+ae a,ra��LLuYV YV.rtlJeYa a4pRryY Waa,a aaraaa•I�lrFp+4r.+t�r .ala rw.r �a,yr,5r6,ca►Rwa wawaahK 4«aae ara a.•••ra•tar#R?rapq f•rvaa.•`P r.raa.a.nw.ra.aPh ••— �. rn r.er..+nnLwaaa#�vAm Pr4lAtiMw w.wa.l.,.,b,Na.ea.,ur sae.-n ow.�a».an �y".an e.ar BW 6434 PG: 439 owEwaHom. leobm�•P.m°i°®c°0«onlerne i w°r°wiomlbxoti nu a•:�ero�ra ar u�a,m° in.°sun wmi I.W.m.l.w.a Recorded:30/I8l2022 at 6:44:33.0 AM CHOICE OF VENUE.II BMro b e1 Be--'arroaa upon l,MMa rorya,l l4 auarM to V,a lunsarlen o lM c°um a J4Meon Caunl, • County Recording Fee•.127.00 sole 4I1°rr. Iowa E-FIUng Fee:$3.00 Rrcurua#torl"reo. aer•..=n,c<.r. .I..•.,..+.w,.-•,•a•yrr.�,.r:�...+Faw.++c aear...L•r Lwat.•.r.r Combined Fee:$30.00 n.aTr La LrLan•:•.r...er•Ir t•.-v..a,µ..ra.•u w—,..r .r:'*r•�,L+�aa.e aa[rx#awn a.-." Revenue Tax: .u:�.,w;a.�. • o.,.�++ a+�� +' > � Klm Painter RECORDER Johmon County,Iowa eveuTirA:swa.«,.++<.»�..+.ar„aw.n,.,ar,+�.•w,ue.-..x era,rSnram+aaewee uaeaw l ne,oE e324, aaa J>.•aP•r,a a..,�y rn v,x[sr.,��v�..ra+I,.as E.aL7,4.se.aL ra.a eaa L. wur Nr alere.e twy4 s , .an.b ePrl ra,u.,...o~v;Il�.eaa m.Trl�e vaaura.a o.v.w 44a:wjaalr ,e.A.Aem. USIV.ProT „a,a.4.4e.aawa,yaAr.rwL welt',»a,.wrnP• •n:«,.r�.cre ea,�r.,crw T. 01e Nee 1*s.1-1-wr nwrw.r wra...a,,.r•aae4+n ne wwLe- .eFr+...n rar+..r ww.l.n wxa w r>.d.aev m Lvnah rw r..+..w.. rn. L,.v.,•ay M•ee a'-•++�•+�a W w raUrSl rawana#°!aNHris,FePlrexl ww,h�.a Sne,..,l N+a+�a eem aara,..c.Ilow.,.s.wttraww arne.+�mmw d.awL+an.ar wv�.le.Mr,.Rees»r,rGlwmwarar..+r iMa+ld4. Aam.r rasa Maix4w re w�wrrlW MOY HWa4Y it aaAmaal wrAM wear b e, F.Wr.ra a,roa#er:Ca'.•Mm/ya aU1 FVA RttwM fr Oraa»r LLr eaarnh'ry b..reLil IaaLa rY ra•aaR fa,a ra�av ow M heal b i Ha an ePa�� a aw N F w.RAw,war,x.tw,auoye Lw ASreRa#Ix Frown wan%a rail W N Law,aaK.NI rWcera.nr.wAn m.awnaor r ti werAre ena.a „ —La arra FeNe+rn.xaaar•.r,Lrea.Trr Laaw x.ewl FOR RECORDER'S USE ONLY LY aarr..ayr uw ua4.l.ny one mar m..— ry b en try tLe.a H 1,-atia Mbr,wl,erarm,aAaerl ray Prepared B Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hills,IA 1.RPO E OF II_0A Pa Y P Y� PURPOSE OF LOAN Tlro Lpetlle puNwe or Pia Uan n C4iwlrorben a roaW 109bx al L412[4mmPNh View Pail 1 na21 EaeWwR 62235,(000)446-5725 aaeal.Buib,p q. FIrUN—STATERIE."see...F,e«bproaiee Leiwerwal,auc4f nu,l,Ybmenlr a,W OUwr,Maba bformalan el aurA Apuencbl w m am ceua a,I,nar e4y roeaown IwHen ADDRESS TAX STATEMENT: WnCVpppROOkFO P .OdgTA ApFMIt p0�€,�H,e GA7Lg�HH LTNEI TERMp� A �LOA 06HMUFJT0i6lY 0, �g R Allen Development LLC,PO Box 3474,Iowa City,IA 62244 IdRYwSL1MNGEe 1X4 Td Mq 61^'17[E L� OTRN�M PEEMME N MfLEYFET ILNOIHER xTiH7ErI 11GFL EMENT WKCttion uu naram, Tra Mmr 41 m.,rle:a—a Lw9 upon Bo,mvnr,aM upon Banoweh vvo,pnawl rapFR , ,Aae mweb-lxy+•4 YLaw a„hauRse,Pie arse— RECORDATION REQUESTED BY: ROTsv In of IM INATE traoanrAlroM ex Reiwr+o coalynMa aaanrvin Auw.nrr. Resaaa.'.+v .wca M hra.r Hills Bank and Trust Company,South Gilbert,131 Mein Street,PO Box 160,Hills,IA 62236 aer MnR,Paw dx,a FRm•.rr IewY.r w a r>Rr,..r Rpapv•s«n aam,ra.,sn.era.a .p oi�tio•"�i.,f.no,na a w.u law n n#ruo-�v#�,�,w a.•..0 t�„LL c�en.ula ww s...+.a oa-L ta, swat Po sox To b•.wsuTs-otw cFtaspluAL owNUL rarSRaw,..r r1..l.R.,a.a Lr SUaeIMI o•auLyrWap waW Mlow rainy owlI w.Proauw WHEN RECORDED MAIL TO: xl 11A=Ra :Ito rrp—gr w wmc ry� ,cµ a Inabwwu.Iw,v,e..oL„P.wes. Hills Bank and Trust Company,Attn:Construction Dept, 131 Main Street,NIIIe,IA 52235 4. ptRCAALP 12RO1R1.tlaar eML#rw Rasa R,ralbaekvtay 4L:,He au aAyq#s nN Nr,a aUL.rr,w.,q wUYp b'>tl N>t�ae.w saw .r.y aFy 1M..,.w�ar.,�ralwaM w4ron•rw.µir lwwi�r.r�.=art'Now o�ve •.N¢.. r a.•a,.w,lra,�.awxsar en..H wr -eae.a,a•Ise wrLeer.«a#nM Pwa,,aRMs•Rr",aeaeaawes.rn a wv rw.ra Rw.rA.n-.,E aRA v.a,..e'•.ew l...M eca Iw+v asRr l.a.ao.r w ev#er►Nor•a r+In. ASSIGNMENT OF RENTS wu ar:a,y wo-.s.•wr#caaMd.r.,w.wta aa•w rR,arr.Fd Iawh r.nur.r.....AaaWaL w.� ewer wRa a..w rawuoA Lr4M,rvpa ry ra,warndwq#Rrva At a.erlww q,ry�val l,.aa•rxry nrerr The names of all Grantors(sometimes"Grantor')can be found an page 1 of This Assignment. The 1'ae'*"'aw MaLarxrA.a,ca.�#rra`.4arJ ew.tt a,arwm Mae:n xr aenA:.roA+r.ae..Tlu ayPCi 1tl�`""" names of all Grantees sometimes"Lender'can be found on page 1 of this Assignment. Theproperty Pro lRT„MENNOl ( ) P 9 9 af PRIOR TO a1GNIN0THIS NOTE,aORPOWER READ AND UNOEPST000 ALL THE PROn]ION9OF THIe NOTE.90PROWER AGREES TO THE thisAFCanen.The on page 1ofthis Assignment. The legal npage1 can be found en page1 of TERMS OF THE NOTE, this Assignment.The paeur IdemrFcolton number can be found on page 1 of this Assignment seaati AC,ry0wLt06r5 Rravt OF A COMPLETED COPY of THIS PROIa6SORY MOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. THIS ASSIGNMENT OF RENTS dated October 14, 2022, Is made and executed between Allen aoRRONER: Development LLC(referred to below as"Grantor")and Hills Bank and Trust Company,whose address Is 131 Maln Street,PO Box 160.Hills,IA 52235(referred to below as"Lender"). Mxn ormolmon LLc �— ASSIGNMENT. For valuable consideration, Grantor hereby assigns, Brenta a continuing security Interest In,and conveys to Lender all of Grantors right,title,and Interest In and to the Rents from the ° .°.°pmanl L following described Properly located In Johnson County,State of Iowa: Lot 2,Community View-Part One,Iowa City,Johnson County,Iowa,according to the plat thereof recorded In Book 64,Page 109,Plat Records of Johnson County,Iowa. The Property or Its address Is commonly known as 3821 Eastbrook Street,Iowa City,IA 62245,The Real Property pareet Identification number is 0918267002. FUTURE ADVANCES. In addition to the Note,this A"ninesl secures all future advances made by Lemon to Grantor whether or not the adYwea7 are made pursuant to s.ommitmenL Specifically, without Ilmltallon,this Assignment secures,in addition to the amounts specified In the Note,ae future amounts Lender In Its discretion may lean to Grantor,together with all Interest thereon:however,In no event shell such future advances(excluding Interest)exceed in the eggregeie S4,700,000.00. 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 a RCI—ARRMT aMn Y,r RGI eTFn n—IMFNTR T.I.aCCInMMFMT IC—1—sun arrFRTCn nal Exhibit 31 to Petition Exhibit 32 to Petition L 1 ) I E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT 1 • • e ASSIGNMENT OF RENTS 1" Loan No: '2322 (Cbnllnmid) Page 2 Notice to Tenants.Lender may sans notkes to any and e:l Ienans of me Property Nosing them or Ills Asslgnmenl and duectmg all Rena to be paw dmecuy to Lender or Lerweres agent Enter me Properly.Lender may enlo,upon and lake pwassma of Iha PropaM;demand,must. Bnd receive Iran the I...ni,or Irom arty pm,r p—w,liable lhaefor,all of the Rml.;malduw aM carry o ell twel Proceedmge n vary I.,the proleclbn of me Properly,including such proree,fmgs a may ben sseryeto Ie er Po—Inen dl ma R.Iden.collet-the Rents mar r m va arty.moot or tenant or other parsons from be Property_ Other Acts.Lerw,r may do IT such other mugs and acts—rasp l le the PmpeRy as Lender FOR RECOROER'6 USE ONLY may dean approprtle and may act e,d1.aiw,y and coley III 2bce mod stead of Gamier and Io have all of me powers of Grantor for the puW,,,slated above PnpeaM By:J,N A,n,n,Hwa Bank end Tnal Company,131 It S-1,PG Boa 180.Hill,W APPLICATION OF RENTS All costs and erpenses marte0 by Lmdsr In wnned.pn vnlh the Property 622]5,(BOO)ae5-ST25 clad Po la Grantors acwunl and Lander may pay dvN cock and Ox.enees hom Un Rent Lender,m 'IsuY discretmn,anae dekmvne me opphealon of any and as Rants recebeo by H;however,arty ADORES S TAX STATEMENT. such Rents nerved by 1-maw vrhich are not applied to sear costs aro expanses coal.oe.pphed to Iha Allen D-11reme11 UO,PO Boa 3474,Iowa Of,IA 622" Indebtedness. All e,mnd:W—nacre by Lender under the Aulg—mi and not reimbursed Irom me Rents dhan beconc a pan of the Ind-awn...wand by this Az=-gnmeni,and shall be payable on demand.with!Maast of the Note nI,Irom dole of expendllure unhl cad RECORDATON REOUE-0 BY: Fm jeRP eteauta,".It otbater pay,A star Ise NM2tedral t dm av xNra•Ir performs Id are, Mille Bank and 1I Cpenpeny,Soam Gllbert.131 Main St 2,PO Box 160,HIIN,IA 52226 aslyVak„ae0xy slpn,RreNltr eadeare,awe AaalpN Tan Valid"the R.I..Door—rr,,IN eggs Icy*1,-L3 Oriented,a IawWe n aeiftai M of n,Ataeg,mne ale avLb`atwrltrA, WHEN RECORDED MAIL TO: of termination of any finmuN stalemenl on fit,e,we,cin,r Lenberssadmily Interest in me Renk end HIII6 Bank and Tnal Company.AM:Con.—lion Dept.,131 Win SlreoL Hllb eny A,IA 52235 the Pmpny I"Inin,fi—No r.gmretl by law shall Da paid by Grantor if pernlded by aRiebble .ow NO OBLIGATION OF LENDER The negnmenl Ind secunry mlered,gnnled to Ihie AII,gnmenl shell net be deamawl o n9lrved to co al-lull Lander as a mo,.Sao of blahs In pose—n or ma ASSIGNMENT OF RENTS Property.Io'Ind.Lender to".a.the Properly or to wdmnpl to do so,or Io lake any admit,Incur Itt,.grata O] tvt Faso or.1morn I�or Palo or dacheme any oMlgalidn,duty a Iiobllly Wl—tad—,under any of me.sous IICanMee(Aemelecs-0-eade)Ma ep Nkend 1 eI 1Ms Asapn—I. The rile.N M liea:asel lLvaaaeW tieayln npbRwtl mt'%e t G ere A6IgmAtr2 filled deny LENDER'S EXPENDITURES. If any adU,n or proceeding Id commenced that would mekrlally eRect Mptasw"l?✓X0 M pIW T eL'Mn N'-p—L Tina.60 al"a0b as( N tend Dn Itaie 1 of Lenders Interest in the Property or it Grenlor falls to mTply an ary provision of this Asslgnmenl or vw Aeargnmanl 111I ryrFM Ida1lnc�lAen Itrnwdn was 1pwpu pr;11 sY IAa AsaglsmeTA uy Rabn,d DP,,,.b Including but not lin,ii.d to Grantors faiWm o d¢charoe or pay when duo arty T)"S AS Mlea6MT OF NCRIS idled OeRSIra 14 SW If pMae—meded between AW amounts Granla m required p dl-9.or pay undo this Assignilenl or any Raaled Documents, ewnYplNNI LlC Ir.1MI.d Y belese r'f/tadEPe''�fps N14..aloe,ale Tavel CdandMq,whaae addnaa lender on Grantor a behalf dray Ibvl slwA not be 11,11 1.)lace any advert m,k Lender deerm •$.I hew aRnel.pO Bp.Im HIerA M 6]3!i(ldeeleal ro Wow x'i Wj' appnom a an the Reels or Iha Propeny and payleg all costs for d—ring,m mining ma Weservvg he Property All such expenda—a mcudetl or pow by Land,,for such purposed will than dear Inlerasl al the rate—Mad under the Note to,min dale incurted or pa,d by Lendar to me data of repayment ASSIONMENT, For vMeable....ldentlon,Grantor hereby 1111ti 1,pooh con a tinuing aecuriry by Grm-All such expenses w,ll became a pan of me Irgebrodn—and,of Lenders opl,m,.,If(A) 1,—at In,and convey,to Lender all of Grml,h dgh4 title,and Intern.In and to ma Items hom the be payable on demand, (B)be aided to the bonne of the Note aM be ap,..n.d among and is 1,11odn9 daac W Property ldeeldd In Job...n County,Slaw of lewd: payabe with any Inalallmenl payment.Io became due d.-I,dill.,(1) the wmn of any o Pdabk ce policy;a(1)me remmning lean of me Nole;or(G)be I—led as a balloon payment 1ACR Iat rd Commonly 4,Page 0 One,lows Citrd. fJohnson.hI..County,Iowa,according to the pill thereof will bendve and payable al Ili,Notes maluriy. ncortled th Beeh 61,Pape 108,Plat Racoeda of Jphnaon County,Iowa. The PrPPlry 111 Iddme I,commonly known ad 3621 Eaaterme,Shoal,Iowa City,IA 52246,The DEFAULT.Each of the IOIIdwing,al Lenders opll,n,stall c,n,dl,,an Event OI Default undd this R.af Propery P._,Idmildcatidn numb,,b 0911126T002. Asslgnmenl Payment Oebult Grdnlor falls to make any payment when due a der me IMebletlness pe1MC A9VFHCCj.a,ve-p Pa NJIe,. Aaaylmsnl halal p:Montegene", s NIIC4 sty m fix yr wnBpr p ne!Ise w.veaa a-a mold y;rayanl p a des Mmenl. SppfA►Pa, Qlaterl'—W dII H As- YCs r I c�y If wllh any other term,tbllgation,covenant or condHlon Land,, In p4 ArarpnnNlnl f W,1,n Grant, a Lhe win.11 d-I IIh n Ue Note,N 4Ai1 conlainetl In Ih.s Assgnmenl or In any of me RekteO Doaments fis Iwerd man in air m It dmr,mee they loan to Grenlor,together me all interest lheredn;however,in no Fi�Hi6 AND NIMLILp3 ON WA1XT.Upon the Podmeende o1 any Event of Default and of any lime even)aheN suN wwre edvenue(excludlrg InteresU exceed m me aggregate$e,TOD,000.G0 21RY A361OIaIEaYf 19 GIVAM 10 11 C 6 uelAMa,Lamar 11�y eae^.Ie eb/GIY e.more of me IOIIavlrg npht and remMlez,in edtlmon to any ll]pATaIFM OF 111E NIO6�TELIR6$Aafp 121 slow tpMe orr+'rea.apw4ed 4e'4v FERF MANCE OF ANY AND ALL ONUI)AMM41 OF 01611110R YNOeR THE MOM THIS Accelerak Indeblednead.Lender shag have the nghl al ds option o dr,daw the-fi Indebtedness ASi*O IaT,AfN1 THE R6ATE0 BOCUW—KM T1a3 ASS41UNIN iiT MONOM III ACCEaIED ON THE FOLLOWWG TERMS: ,any d ya ue and pable,mdldilg any p:1p.yment penalty that Grantor would be required to p4YNICICT ANO IERIIIPeuNI E-ddo ea emarw,w.0"!n alb AI' Pay ten-ul nonce 1—id n,may be exaeasie nqulled by epp:i—e low. O-ddeda,,Gamed—pry to L—II aelmaltf—,Hd Or In ATIq+nNa w Aex'baC l —d,I. Celle.Rleq. L paw Ise Ise ow.estRhus ram.aw, Crl 'ee aideaaleeaietl a sM ors ease Mls(fI ledA—M of 61"',be44elerrs kWer Bap Aaalpaaan.LI1'n,rd aajJ Islas pnawrf fry[eM[I It"t,keJeaYg eF1'aalla"M as,c Iwaid.W iig7 Yf ON■.gaa11. Can,ta sk�t,l b rlael the Rt.1k n la'aASed peq,r,ix p talg p g'm n m dmA.N arelel na W Ieme Lantlaee aye[N age.Rl and YIe191aaearA m tale emle ly Cos 4FIa1..seas,NN Ann a•M rgN11 p0aa;dld Ix hty Laden m Nedee C'9 Calderon Reath 9re• uwa.AFs•�a'-}.Gnrix7 ae,susl N euaeslaa w m 1 erq�sreaa ciao ex�e ale Meprny II Iha Rentz ere wllecletl by LONer,men Gronla Irravocabty designates Lendar its Grenlors api cefan tlt Ra 1Ia,prplpp irgl ab grarsry 41ne iqM W gg11tt Inv Bern WI apt ea[.1;,sWt ellomey-in fell to.,dome Irls9umenls received in payment maul in me name of Grenlor and io L-Ce"Oandt to W kw el urn eqY xl al IW gUa0.y ps—e p neg.b."me same and collect me proceeds. Payment by.marls or omer usors to Lender in LCNOEFI MOW 10 RECM ANO COLCYCT MA76L Lv "I-�w-may al any locos,and response m IeemlA,Mara va1L eaualy M Vjaeerre•'or.Mich ma pwymenk are made, ~O.,M's rep 1,yenra"lave fate—d u 'Ilia Ateq;ae o U Ar,J Iecenrc the Rents. wlemer or nM-y,pupae 1—d W mI daeund Iraaml,Len],,may e n se.1,rghl.antler Far ass IXa .Inldadra keeby AH'M antl O'anit:•d l'ta AEprnYp 1,f It—,And a,Ihodry: mIs sub panAlApa aearIea npsrlpo_by errlL a pNalaJll IIInlver Exhibit 32 to Petition Exhibit 32 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT T` i - E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT ,P7? r," j, f ASSIGNMENT OF RENTS r J +J Loan No: ,2322 (Continued) Pope4 1 _ attached fo this ASSIGNMENT OF RENTS from time to time ASSIGNMENT OF RENTS _ Bonowar,The word'Borrovver means Ake,Developmenl LLC Loan No: 2322 (Continued) Page r•, _ Event of DalaulL The words"Even)of Delaull"mean any of the events of default eel forth in this Appolso Neuwx.LNIr We IVn eM iiI la hen I moist W]oWce s•ass eoexawn of e1 Assign merll in the Be Paull Section of MIS Assignment a aey"Ale 2s P.Sla y.welA ilea I'Mill Its pMevY v5 Psuhe low I'lle ,la c9ohns Lae Grant,,The word"Granlor'rrreans Allen Development LLC Prapopy paseWy re`aeawr.K eve a,»m 19IN1 ale Aerie hen its PrAs"BF aria spry me Indebtedness The word'Indebtedness'rneanS ell principal,interest and late lees,and other e«rrc elaowlM eeNan.redirrsgNsv.ul L+e IrrdlMMaas Tit.rrp+nr rn,y Pr ants,costs and eweneea payable under the Note air Related Documents,together with all S,1 saris a psislaseet" Ian Le,WrL nplq Ise this ,e W a rsbtrm Naas i E net n aby LeM e'M rp I d ,Pry f p ri rr ors nig as ara e.a osAetnaysY renewals of,ealensia,"of, anecontlons of,c,nV ahilllmns of and ablist 110 ihs for Me Note Or amount Emlabymenl by Lender abet not meRueury a person from semrg as a recewer. IiK me 04cumlfds aM ir,as,by Loa egrdsI a asawans�Lanesf b winds'UY ys QrW9rp Omer Rometlln.Lender shall have all ether rights and remee,s pho,ded in IRIS Assignment dr the -WON " or sspsdfM gn such 6Y Leedar la pets lits CM tot YbLQ Ana Sp ca At:epNltlnl Note or by law• NgsUeer with byres op kids RTDVh1M sa pmvWN sit wjb N0.Full" Spacese pig,avNho.1 lraS Assignment meet toge th r with a 01s tulWe aoeolaDef bet IpNa N 41a FttlYfa AEf>M+pl Pin of saMNe of y. ,it an Boxes sl make to purl or nosy snag not e.dutle pwsnl of any this Assignment together with all Interest(hereon W smelly,end an poloo ii n male rsperuituur a y naas acorn to pedomn an ert,iig l al OrArm•antler MIS ASLslMSAL oNr OfsslOr's failure to poe�rag shad not eRec1 Lendelp rignl to lender.The word'Lender"rr,ea,9 Hills Bank and Trust Company,its successors and assigns decWe a CeMult arrd I—se Its amettee Aheina Y Pero;ESAnas.1l LonCn•+sfMLAAe sill ere W I•Ben le IdWbl payof Nu Unitsof Mengfpe. The word"Mpngege"means this ASSIGNMENT OF RENTS between Grantor and t'rs Aletexsprs,lsldal alter N.1"aW>wrvab Bich%son ail psi..may ayabae rail VIVA ae angmwe.1r,eskhvlam.yes>na appeN Whe'ASaor—anI ramaaneakaaAve,sf e, Nate. The w llf"Nets'mans the ProeirucaY doge elptd BPtsol 14,2022,tp this oo lnal seesS.rill Plea W law,se!ysersxr of a.Leeea s+'ws nap!to LadaYsaWsrya err princod!srpeyst W 13,650,000,00 hero Cloror to holler.legal with Be rCnevialp of, at a'e mr W[W p?n e'J rrs nwese xrM e-:-••��desfgl"NM'�ia ezlensgmI,I rnee4oteans of,rehnRnglsp 9C ooludidp6oRS Of,and subsb i bileas W the a Isar as ps be.eea6tLss a"Wo en di,ulo xtl vas aeu 1st lSe Nasea lase s4ha Me psi pmmissory note or agreement Of ffa es]esssesha,awl rryla. Enrol.seesorl4 fs eve PVld he".splse".wspem LrrulaGper. leuvesr a.,b,.a by s l{at tai lies.MI Law stove—Pas Mel rill Isniaye'"So Propamy. The word'Property"means all or Grantors right,life and Interest In and W III the wrvdsr er es,low .as rJ,wwl,ar4;6-"nspr,ats'Ia,N saw selssswa IIItwVaVeke Propany as described In the"Assignment"section of Ihis Assignmenl pprp}ys pYJIs Roj aolells HI m lso a encase sb sea tua,ally si I'aane,oN,Section.Y airy sfeo,aa pnsEylglMl sb —se —.this cast or r.—",arte,se.Smelt,ape Rallied Doc ume nte, The words "Related Documents" mean all promissory notes, creod raises Illai We[bLaas—j-'AY.Iyeeti sapase, rreps W last.IN iasu—N agreements, ban agreements, a ur onlrunlal agreements, guaranties, Security agreements, Was for Me Tousles,to the ealerll permined by eppl cable law Granlar also Aril pay any court mortgages,deeds,I bust Secunty deeds,collateral mortgages,and all other Instruments, oats,in addluon to of abar sums provided by law agree ents and documents,whether now or PIIietnq.eaeculed in connection with the MISCELLANEOUS PROVISIONS,The following riscIliensous provilans are a pan of this Assignment Indebtedness Governing Lew.This Assignment will be governed by federal law applicable to Lender and,to the Rents.The word"Rents"rreans all of Grantors preaenl and future 69WW,e0e am ellarasr le,to extent 1p1 preemptad by federal law,the laws of the Sul,of laws without Npard tp Ib—I lets of and under any and all present and future leases,including,without Uldolon,all rents,re few pmvNlona.Thn M,Ignment No been accepted by Lender In Me Sus of Iowa, royalties,bonuses,acceunls receivable,cash or secufily deposits,advance rentals. Cholco of Vanua. If INm Is a Ioweuit,Grolier agrees upon LandorS request to submit Be Ins dP'Ha ailed proceeds from the Prthpeeq,and other payments and benefits derived Or to nth called ryn,odipn of the spares of Johnson County,Stale If Iowa hone Much)am of pie J►VW and J uldi,whether due now or later,Including without Ilmliallon Intemreulloh.(1) In all rases when Mere iL more then one Borrower or Grantor.Men aI words Granters right 10 enforce sun leases and to recalve and collect payment and proceeds thereunder. used In MIS Assignmenl in the singular shall be Counted to have been use,In Me Nural where Me THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, ,,nl,O and construction so require (2) If mere man one person signs the Assghment as AND NOT PERSONALLY BUT AS AN AUTHORED SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE "Dreher,'the obBgail—of earn Grantor ere Joint Intl several This menu Mat if Lender brings e lawsun,Lender may sue any one or more of IN G2hill s. If Bormwn and Gianlor&a mil the SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON OCTOBER 14,2022. same person.Lender need nor sue Borrower hrsl.and that B-ower nose rot N Joined rn Sly GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS ASSIGNMENT OF RENTS lawsuit (3) The names green to paragR p,,or secupn.in this Malgnment are for mnvanlence AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. purposes only TRsy are not 1,lee used to imirwel or defne the prov,smns of Ills Assignment Mngn.These has ba re mege:of the Interest pr estate resealed by His Assignment wish arty other buIesl or estate In the Property at any lime held by or for In,ben,ht It Lender In any cepamry,with-the witIlan consent of Lender. Rllspe of Rights of Dower,H—luou d she Dlsrdbuuvo She.. Each of One,undersigned hereby relinqush,s all nus of dower,homes!ead.,itdiukroutive share In.,nob the FRI and waives ALLEN DEVELOPMENT LLC all rights of—hnpimn as ID any of th,PropeM II a Gnnlo,is nil an owner of the PropeM,Mal Gianlor eaeculee Ina Mpngege for Me sole purpose of rellNuisnus and waiving such rights Welvar of Right pl RadempoWn, NOTWITHSTANDING ANY OF THE PROVISIONS TO THE BY. _ CONTRARY CONTAINED IN THIS ASSIGNMENT,GMMOR HEREBY WANES ANY AND ALL Jraea l IS,Illneher Set OMNPpnrnl LLC RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH MD EVERY PERSON.EXCEPT JUDGMENT CREDITORS OF GRANTOR ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS.The following Caotll-d wards and terms shall have Me lollowng meanings when used in Mle Aesignmenl Unless ap il-Ily Sill.to the osm,sq,ell refentmea to doper amounts eh,l ,hasmounu,n InwIII money of in,United Stoles of Amellce W yo,one terms used In the singular dude Me plural,and In.plurm snag include In.sinpuMr,Ie be co,lea may require,Words and terms nol olhou—I defined 11 Ihis Aeng—um shall hive Me meanings adribraed b such arms in the IAywrs CeanwLeM Ceeo: AslgnmenL Tne were"Assignment"means M,s ASSIGNMENT OF RENTS es this ASSIGNMENT OF RENTS may be amended or mod,ned from ores to tome,together with e9 euhlb,l,and seriedules I Exhibit 32 to Petition Exhibit 32 to Petition • I I t E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT-COURT - •• E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE ASSIGNMENT OF RENTS wan axle uewanr 1.oln Ne a.rw Loan No:=322 (Continued) Pao.5 IL 43r50Aa 04-WID27 OS•564025 131d larew . rrprerlF ne u•e,z+.anbr wenatnl ev7.�bwla l,vm nV,r lLf d�-wwrgpreMilp4.aba Mr�� 90rrowel: 41rn Gevetewnen LLc e� Lender: Hlae 3,nlend Trual Cawpmy LIMITED LIABILITY COMPANY ACKNOWLEDGMENT lo..el]y�lA efzLa .......an-4 ew lse HLa I.eaaae lees--vas STATE OF _[, I Mnelpal Rmpltnl;52,747,7511.PD Date of Note:dune 16,2022 )SS etlgr]s;TC,Ar,A.Ye pe.,tge.a{ac 1y4N..a9 arrnte.tfbllSlwW••.::Cnya.{'im4l radv,raanldwrtw uaW.ww eP A.lrka w waxy r CD.vwa 1..r vine 11err1 ron, ,1LIe,eM 1Lrr eb.n.a a..l i 4w1a1 COUNTY OF �n�.,tn.c ) [1x w�a 111.en.lu,val.L�nw.nt.lwumw.yy l.4 a[�.fr^fe.a..aeeo rritr— a-w vffpg cue-awno-lLnc+to�a�.m.ran....erw.s alwu rw,..r.ra.r�aaroae��.r a.L..ML n..4.L tr.rw ea,Avrm h r,r.e a.ww.y..wauor Arlw[oEFAur..ow Thlfi record was eem.nedyeo before me on_ H _20_a2 by are.a +" ..'a via newrnr+w.wrPb+•+1•=-'-"'vpvarr...te++w.ti mu,Irnsnreaw.ei u AUK Mwfe.e of Alien,l].reWpmanl LLC. 11 aaf,we be b r.rye In}of aeoa.e rrwwf rat yr pa lr tlgnL✓ ,nr rat.ly,IpaLr a.4a,f.M plyera er! a++uld wlb.e e*Deec r.ea.gmee..z dmyCr fe.]uar..a1Xr.fwa.kraer lnarrbw4aat.r ta.x egreem X.dy.,.wr auL ww,.r.ra,.lrtwa�gfa�N,t•+,eeelr,+e,.a.arprrlla,w lrr ear w u.ds Ir• Dee f.de.r+t NoleryPbllcln.ndlalh.5[d1.at Yly eer,p �w^brV"rr`1i1'w`�caaarfrpoala.r,eq as,gyrr MAIVMu Dina"E;T MTE Inrr a N F epnN vY M nue 1Y.eaaW n,ar r AY 11pn.Ceres aan 1nL.e LACENMI4EY My eommlulon..Pl W"M-]O�N —)u.bearolre000x pwrari,wwn wgarra.a ey,pwarur ?— � faf[AW CA>.e\e ntt a NafelDw.oeneea pal.rsele r t,.,era—fa Me.bawl nn le,by**bg Ire rre r the IMemt one K �1a.�I+ wNtrbl + ��CwNOr oy II»rwl nuMer or My.uw pI,WPeI WWce r .rmrtrfmtr.Il.a,,,w aen e.a r Xw lea r.1 fa.r pLp.fYy,m r+'aet...an.a X.eP a r rr�a el vw wv w.w.et a �R'��^k ip�ule�waae►aeb�eirM.�.e+ea�i�araw�6w waw'MN� / 1wH b.1 Yd.w n n�resew lenear r aP'ktXt aetvlferr b awve.a aa. �prnrrr nrH raR wre q+a LaserPro,Ver-221 0 B44 Cop-Finastra USA COrpordtlan 1997,2022 All R'his Reserved -IA A n+1ra..e er ewsrLl rrm�'eaae.wr qnl,Aetb as InweYe,Ydna nkr!^Wrl bNhn 1pr.ka+aut ncara�u C:ILASERPROV ARLANDICFIILPLIGI4FC TR-121670 PR42 +ra+rta iEop,sf Grew 4nn�u�p,AA~~a..ar e.av All..n.I n ryarc.`Ycw. s�..�n,yd,'�.y eiw r tAw 9ge.w Ilerna,erb yy{aapp.le.Ite eM grow aaNrn•pawaXr oarr aL�v..ad v w T •N.rnew..w. tawWw a 1r,aaar r w w trv"-_r e Hfr.el l.ww Ar M n,1r r tkreb ee-I.da'_- A,p CAeMae/,ru•bra Lai-a]1 Iaa.ebeLp PO.a]a Wy Y f a1]{a alp IATE CHARGE N e renm.b]a d^le a rmw less,eortoer vA.M Crped a 000%w h aeb0 peNm r n.nwaaryr oe n a. ➢I�tali anY�.eM1 Q�default.bclwb9 lawn to pry ,l final—rily,er nlenal al,on rl,Nab eM1r In bvenno b yea,of]es bye Hws m,b in event.will be bbnal rtaa rimed IM nunman wean nr Rnrbdne eewtl rpW7e vw pEFAVLT.E1N of h lobwbp Nr mneliNb en evert ordabull('Event.al aereWY]Wer al,Nbe: Peynnnl OeleulL Bmoxx Xke M nwke a^Y taayrwnl wMn bb War bb Nob. Omt1 G,IwNE BO-wD rla to oTNY wim or to 1—p em/oWr le,m.obep,lan,vwn,nt o,cartOM md:nee r nl.Nor a In —W"7aaye sICAIVa d to—N.1.a to OmO m airy lenn,obepeeon,�mmml w mrpNm mw—in uy ww epreeme,e La,a�ry}�pr1.Lr. ,aaba bllnvr lleN Flarx POn—o'.ar —,eteee lrm-artW.wawwi0--V�awC—mesv Fa���Re�.mod�ipw HY vo.arutrad�lCtl ma-wabr�a`M e'Y pmvlyu ti a,.r t+e 1e�1 r..,ar h r.1.ea„nrr. Emw—serux F.—al e„y 1-rl to—PN wllh or perbrm wMn dw 1, bm,ablpatrn,oovenml or cmwition unrbed b ercY envammenl,l apreemenl eaeculN b canneabn wXM1 enY bm. Ilu lrrriww/u,TVst!R+v„a�awdanr+ve.,iwnrrvpee.lc�eyewry rp,p.,�er.p,y�,y..r w.wsv aN�leata aaeLn w�R+..vrh wruxva.r.a.w'e,ae�`°�'Yr...,a'�'�a r.w,w.wr�.Er..ry. waaoa.a rrr,...� oar r rw.,-.-P.r.e..anx.r exw r�.•d.a.N...o..elan u exva...wl.�I,•�Y...rase..r,a.. ku.ar,e.Ary onl+N�+alwm ep,arLe.ew+w.na YpW bwaaevea n.r W+er L,es.+v.I^r.eeA,nv ea.arnwr, i apenp�wnr LaeA+n lu eY naeNtlwiwwee plwarN.lry laep.ur,bl tv pa,.ern et en9tra eryfm tr w,.x.ynwr, a eV w,+r4we•aN,q vwnMdwreW.w�Wtl.`wedw'N v.e alre.a�n M,iwe. Gnmr.'iadeeun rvetrw,pl C6Iwr nn.e.,bNaeN a brkXwa YDYeYp,,--r or 1Fe[arxdeaq 1X1eq aVa .an br.Y e.sa a YMaa,w s t7.Y fN•wlw+'e..d..Y tlw Larry en vat w� n,ern,-ef AyreLl�wMr byreaawuM1anw .w.a.y p.a.ed eccorm...hlydr Ha+w vn[wwetl]aWw b^,*�W pet,ery wu�•Y�w"elp quire.l..�YEN tliwrrwr'�i,eLrphbgv MndNao�in elWWa�u .avHYtW kr ae er fmrrWr,r,plyq}µbw.w,f.n./M 1/1..s.n Xa,a oeteeww ne be.v m1wW11 sawn bane WYipww weuWM AW ce—L Any eeeodgn v etMlunenl b IMed eptlml Me COApbN,r,4e,gl.aeMbn v eXaWnenl fv not.W®dp, o d0,v00 wWn VaM 1]G)dey'aeMren er,sblevletl. eRaye rlrnLr.,nit llaetr,e'--AnP Lrrp�yy avvro en.,veprep�A.aaaa ey de.r p,de aryra.aarLw.wWed r wda-e��.,aa w1 a a yre ne,en„raA��n,,qe G ee C�.tra ew.aw alr.rr r straw w W y,e ca Iwx . me e.erN e„se.rawwpwaewv,ue¢nr.orA aJryw Gelaull Under Gllv�lbn no AA mroW aaxe vW wry Mr mn�q ear a uuel w eeoeMY 9earra mau,g m a an PonXn rme fdlrvw. A4..a v--e0—e,`y ee+n[i+o cuo oti. Oo`eOo�1 t wiw`:`lleeer,L.r iay r ue 11,1. G money Ieaeornobe,ulr.wwla tA,arsuarsbn.wXna mtnyl]old•reernwalwy a.a•er.Ivan hra.'.,bea.:mL�a° E pro r an r6eau ea a w1 ar n awals•wI wp�bc r- awra swr.r.ry, p,.r.v.w4bT.:sang.r atn..r.,prm re*ry bmr.e R4+pY'{d rra,•e b kspte M W Y M u:sexy era/.ew.r.'ty�N nuNlteawal d,bb�rf ry p,. 1ldf Advnee fJury reeO bW si+rM ct�p dmrn b aommw/e Mamal mtllim,n todv Mb.®Me pypeb pf poyrrr.v Pvlwmsva SrPaed w.P-I.Le.e n�.r a•,irp,drl,..w.,.rL,aa.aene..a.w•an.wnrtr.,at bP.n y.nart>enls.w.�r1b rfw.rr,.�hnw+p Nwaw nal.�era•n.aa_—,a]rn.,w,.n.fa.In .wrrf rmat tp � vb..y.re.er.L by e.....eeur wer,w Yn avl•v m epn n..,eva�rw..,a e+lv llwa —w.r.re wet..an etev,er,...lAeny Iw.wwaxe 1b a alaer v w.i x waw rcw.rr e..nr.an m .tr..r.�er.rr.se.w.n.wtwn rwen<aw mrwrnrwnrrn—wy rfxv Exhibit 32 to Petition Exhibit 33 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE ` _ aA a I e h l' BN:6395 PG: 630 Loan Me:, 310 (Continued( Paget Recorded:627/2022 et";06.0 AM County Recording Fee,$72.00 IJl10EK9 RIGHT.. Upm 4e1mIL LaMm mry dedare UN are.u .pwap.I b.sm u,Ma PN Nola ew n aral,e4 aped Inb,nl • _ law.E-FRIn9 Fee:$3.00 en'na eey4w,eM-Bartmvd wN py Vwl amount Cumbin.d Fee:$75.00 ATTORNEYS-1=WEN9Es L.MW-,In.or pry—ne she to hob cesa.Bh tide 11 Berrowm eon not pay.0-11 wB 1-1 W,Em Bm amounL TI InWam,..sled 1 Yatle-1 apphdbw Nw,Lenden.ItamoYn ba.and LaMere lep.l ea As.wheu- R.vanua Talc nd Nmeb•bww4.btlu44p xeAoul Hell.Wn.e.eom W.aM Npd mpe,we br menkrvplry doma4e Y,Iho.sy a-romo4M Nlm Palntar RECORDER any aulom.I ,,or bAnclNnl..M a.- Ir nd ena-d.1• AabbbW,Bonewer.ha w,R.1.m Doan w.O,uaeob.n � Johnson County.Iowa b as au.,I_pmpele4 or Mw OOVEANINO LAW TMa NOH rIU M panmM M hMrA bus ro IarW raM,Ip a.aFHd ml pmrepbtl q raanl law,uN H.a el UN a.b d'Pee TMhod n Pad W b Cmelda pl bus P-HG-ThN Nob br ern nnpee bl Lander.,aw Stab el true, INOH OFVENUE MPeeb.wxaui I3mapgees upm lrtadargNYroe,dartl to defua4L-tintler mbbdJdremfna�, SNICd- WOHiOF6ETOFF,TO IM-dent 1).byeppNUEla law,lender r4amw.rgM d.ebIlN tlBor -Are Ad a was lae>t•(wirme, rAe W,N,e.vaga.a some Dear aawun0.lltla bdutlm ae acmunle Banoem Naha pInIN cosh apmeaa we aid atl aaeunLL BanawN m.Y �.,IN blwe.Howe.m,tlda 4cea mt p,du0e.,ry IRA d KeoWr.aamb,a.,N W.t acmunN b xewn eelott wouN fb Pdlawa W 0pmxnr.uPMw lnraer,b ew erred pe,mllle4 try applkWe law,ro tlla,pe d..loN aB a,.m oxti,p M IM IMeda4iwb.peNn u,y aM YI eutll.aounb,ar,d,al LWeya optlon,to amnnlnmlweN'Nmm all eudl.Cmunb to sees•fabler to p,Tac1 LeMd.rAmae.M.elott FOR RECORDER'S USE ONLY V.Is—b Pa pmprepR CowTERAL BarwwrAda-edam Pb H.I.amasd by REM d.W ONIen022,eeanxp 52 Lab In star atop.Eeblae(Pete 7.11) Prepared By:Courtney Draylahl,Hill.Bank and Trust Company,131 Main Street,PO Box 160,Hill., Iowa Chy,A 5a2.P. IA 52235,(800)446-5725 uwelba eennnwrc Ga.rnAr el x.r•�AAan mba an lrmta PURPOSE CF LOAN.The ass-Pwpp.e.1 MIT ban Is:Pmdun 52 MY in Slaw Bldg,E-as(Pans 7.11)low.Cky.IA 5224. ADDRESS TAX STATEMENT: RNANPALS-111H... Alan Development LLC,PO Box 3474,Iowa City,IA 62244 M n bar 4NNI r Im4ermpY IaWmN•,emWal NOTICE.IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ PROMISES NOTOCONTAINED IN THE WRITTEN LOANInANGOREEMENT MAY BE LEGALLLYENENFORCED.TERMS OR ORAL MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. RECORDATION REOucSTED gY euccEseoR INTERE9T8. TM b,m.of lab Nob Nep.e Nnm„g Won Bonanar,aM upon BortowaM1 he.,peaonn npnaed.lAm, Hills Bank and Trust Company,South GllborL 131 Mein Street,PO Box 160,Hlla,IA 62235 SO=an++f aeey,A w e.µ pry p ILa CIxW et lan4er.ne m.uaeaeon aM.eean. U9 OF RACCURATE MFORNATUNN We REPORT TO CONSUBIER REPORTING AOENDIE9.9nrtowa may rosy Lande,If lard. WHEN RECORDED MAIL TO: .aFva..va�eltavw.va..x<n pro..Bonexcre.osa 10)m°oamaNr rap"perry Bom-.wneen Heppe amr>am ua Hills Bank and Trust Comp°Y,Atoll P0a[4:IOalng Dept,p ro aa.:pretl3l wnii]pi-O+w Lager P W bewdp a4dMIa[cob Bak eN Taal Lbrpmy AM:L>1en 6eMWN Dept 1D1 MNn t.,731 Mein Street;PO Box 180,Hill..IA 52235-0160 W3W ru.rY � Vw � tl ry uvtinNy rvlre.W.y+p.Now I"rd "IWnp,wlded .bw1'w4aaru/ryyn.oN a1.1 a...axe in.lCslbrerwr re�wa.a.xwn W. IrdMrW.Runner—aa *�Oanvv.raeraau�..,.�4s .N"..rmwna,eiew•`•I.w.w..,1.Rw r,adue.wr eww=wv aan errrr4 MORTGAGE L»er...na,...eae.T see.P+pe,waYa�w,vrar..+a r.ua.,. as STp.A to Pa Baer l.m.e4NlaW.rew.NLnbR,ett-dmrn AV ner*ea4.rd retmddar.r Lye,as Ove3nnee u.-rx Wa.F�cN'w+LetF .lamemroen.w.wroTE.•r.s-....rw.w.:,.r,. Pa..>or. --.r:r`�` THIS ISAPURCHASE MONEY MORTGAGE ..liNY �� �.reds=rwr'e'r.rve.wTa pa�x.e'!��we.pra:'d M a G•9e eecptrr-lit In the amourn of S3,126,000.00. Luse end ednneee up b eYl�.Ko.o'v►rew�aN« �� rr tv r�eowl r'1°�H.a,r�a eugwor last/Newa're.ae tW NOTICE; I LbVIcr wan WI-V.are lend.,to Indebtedness to other Cndllore under auh5-assI— <w arap.rw.wvlo'e/rm e.twy nNroln r'e rrceSLeea+nnmoe 7rnar INK w.ter�N Axaail ull+e+Slce -.0m.4 W Rka..%a".and lUm. �Uentl y PODS To SIGNING THIS NOTE,BORROWER READ AND UNDEMMO ALL THE PROWSION6 OF THIS NOTE BORROWER ADAM TO THE TNeeam.-el 0 Qlanya l.pm L6 L, Ora--jYelkArvra OG",D I e1 In*Nimpagd.7n0�1p TERMSOF 111.11.1t. Of 85 G1anlBeS Leplr+MnoaL9ndDp]Coh 1p fearlp OR paps 1 pf Itth al9rlgapt.Tno prOAanY oSLI'ia BORROWER ACKNOWLEDGES REC-OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING 70 Can be found 0 pope 2 of phis 14Wt6ageYHYIIHEGI - Tty 1.1.'il dE6p125an can to bumf G.,Wp11 011eI11 Mcagage. aoRaoWBt T216B 110RTOAGE CLAW Jury 1e.2422.11 made 114 autI between Allen Development LLC ha%-w 10 oily,a`4244Rler"J a1Nl His Dunk.tM Trust Cat its".whome add-1°131 Main sweat, .ir..[RA Nltttu POaCk 160,14ild,fA SM35 Da%7W to belmee"LelldMl. O WJT OF MORTGRCE For xilaNe gmJdp.xyr Or-oor nlada;AS ar,d cuwnya M UIOJF old „ . me amex items to LratdaF a aapvhy Inmroat ina3 of 6rpntvre nM dqe,sad Inlerast N and 10 Dle to'j-.0 Oe9Cgyed rL'a propcely,MpeVa WILD Or wbwgN ilr WVCW Or IRIKW av:tl,rp5. IIe>ae nn %and nnur05,tefda arld preDl.;.!el5omdma,r¢phlf W vYpy,and opplrHTsxr1;al vYa14Y,YFahf.Lords.Yaatcrocunac and Okh F"Pts(K•Hd.T3 loch L1 ubBIMIS-Rh 440 or ImIlq.Ur. •�'_••••"""""'••^"'�""'-^ ".- •`""„"•^- nghtsl;SN a1 ODIpf lyhla,-0100.am Idly rplo:Dg 1.me wo pea Sany,hw"d p MN'44t InwglGn a7 nd.etaf4.,,POS.gaa0KmrBN+W Tik�_U4,I.N."Real Prepe nr-)1Matro In hlbmen Ca rAty'5mse gf Ian.; Lots 77 S 85,Slone Bridge Estates.Part Seven,according to the plat thereor recorded In Book 56, Page 0 1.Plat Records of Johnson County,Iowa, ILLY 11.St.63.g9.59.109.110.114,115,110,and O.L.t B,Stone Bridge Eetetea-Part Eight, Iowa CHy,tow.,-,ding to the plat thereof noOmed in Bank Se,Page 247,Plat Records of J eon Caungr,terra. late 1T7,Star 119.114.172,123.125,126,1'IR,1".110,171,133.133,134,136,136, end 137.Slant A4dge E.uM.pan lane,lo"efly.Iowa,Jr+Nrm,County.Iowa,according to the pte ee t 1ln rml raporpLy In Sk Se,Pag.40D,Plat FtKarde of Jahasae ewwly,Iowa. lees 133,14D,162,163,160,161,162,163,and 104.Slone Brtdge Estates-Part Ten,Iowa City,laws,according to the Plet thereof recorded In Book 03,Page 11,Plat Records of Johnson CouM7,low Lay 1-13,Inclusive,Slone Bridge Estates.Part Eleven,louse CRY.Iowa,according to the plat thereof recorded In Booty 65,Page S.Plat R-rd.of Johnson 0....V.Iowa. Exhibit 33 to Petition Exhibit 34 to Petition l 1 [ 1 [ E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT 1 I E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE Loan NO: 1316 (Cantinuad) Paget / • The Reid Property Of Its.damns Is commonly knom n Y 52 Lots In Sbne Bodge EltaWe[Parts 7.11), Iowa City,IA 52240. -- FUTURE ADVANCES. In aeld4ton to Dr.Note,Its;Mortgage roam at future advance.nrwde by f ' Lender to Grantor whether or not the advances we made pursuant to a commilmenl Specifically wdOdut I:nl4atlon,this Mortgage secures,inaddd0on to Doeamounts specified In ale M1:Me,all knife maumr Lend.In It.dhm.bon may Ian to Grantor,D Moon with e5 In toms[thereon;however,In no even)shall such future aara-IP who mleresQ exceed in the agg egale 33,125,000 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 FOR RECORDER'S USE ONLY AND (B) PERFORMANCE OF ANY AND ALL OGLIGATIONS UNDER THIS MORTGAGE. THIS Prepared By:Courtney Dnyfahl,Hulls Bank and True)Company,131 Main Street,PO Bar Ilia,Hills, MORTGAGE IS OMEN AND ACCEPTED 014 TIE FOLLOWING TERMS: IA 62235,(500)445-5725 PAYMENT AND PERFORMANCE Excel a9 oNarwAee prOvlded M NI:MortgaDs,Granor snatl pay Id Lender al amounts seared by res Mortgage as they become,due and aha8 strictly padan all at AOMRCSS TAX 6TATEYENT: Granlofs obig,lom under this Mortgage. Allen Development LLC,PO Be.3474,Iowa City,IA 52244 POSSESSION AND MAINTENANCE OF THE PROPERTY.Grantor alcove that Grantors pea h,,ien end use of In.Property snaV OF 9ovomdd by the following proYlelafe' None of the r44eloral(or the Indeel.cre..oonslkuhm,and no a of the funds min menled by me IndeHedness will be used to RECORDATION REQUESTED BY: purchase II I AgrlMtural products or pro-at,used for an aget.L.al purpose m dented In town HIIIs Bank and Trust Company,South Gilbert,131 Mein Street PO Box 160,Hills.IA 52235 Cale Seclon 535 13 12)Agrlcunural land as donned In Iowa Code Section 9H I(2)or 175 2(1);or (3)Property tad for an agricultural pupose as dented In Tow.Code Eectlon 570 A.1(2). WHEN RECORDED MAIL TO: Poaess,lon ref Uµ urre the eccumance of an Event of Delaudh Grantor my (1) remahl n Hills Bank and Trust Company,Aunt Peal-Closing Dept,131 Main Street;PO Box 150.HIIIe,IA possswon Pro"n"of the Property, (2)use,operate dr manage the Pn pent';alto(3)clued 5 2 2 3 5-016 0 M Rams fps I"rmz-?,. Duty to Mahlaln.Grantor shell maintain is Property In I,neniable candtbn and pmmPny padorm all reap.,molacemm Ls,and rue nL4alloe necessary,10 preserve Its va'1:, MORTGAGE }tanidxA 5-amtarrw Ckfato,r.me„1,and t..r.,rle iN11t,a ptPar4 lewrr hoc been acre rNew wig W en*Ffi lee air.L"wir lohmens a tan m M[arspenY•vto ear IPd Ltnenaork THIS IS A PURCHASE MONEY MORTGAGE n+aradarlar,ellrsge.InetrnelH,dapaaat metuca er rreaatalled ides.at W eacam % Sab171F1?M 11 vrNanp o1 sry ejTrlr(1rlrWdJ1 Lori (kgdx nowiCG Seeder sad 4i sh,w I.to HOTZE� TAM MOR210 e.eorw los011 In the amount of$3,125,000.00. Loam and advances up to e1.vF Pea Prcpe6}10 haul)woe m3pecCOPs am yPU tl Lx10P Mae arvin dinnowst 10 III seeYell.Ial.kMe wuh Weimer,are union to Indebtadneee 10 other cmdltore under.uhseq,idly rklefmfA eoelaiim ff of We ProFer.Y av64 Rls sawn of;r..NO-1,> , fyahwr fisdw (I) ra.ad.d fix 6W.4,11 Ie!nay,Iwo renaava ens km_ dj 1.4"e oaaru alwd tulle•IN hsdnmaey cr 4fPIY4XAtln r ma enorl Giants broom°.Lafae Ise rrw-V w era.ynt.'t~aTy s-h caves.eta (21 a~to Ty1 GIOMof Y Ottoman(someli,nea'Cgnelo u can be found on page I g m..[lorry age Tc.•eras rndvnrYY.dals.4 rFrtl hian NOrdegs kis.W♦v)anlu Airy and It d+..rr1 oral a�saae relv2ag Yacht a d1 s'1 a round[n otigg•s f 014llf)Wn be found le page 1 ip ion Lin befe. Thp p e,rM v I.s MItA a1 sal F7'rq. nfll of QIe Mp,7gage Tr.a):gatgn q in6eaatirr yW delene wbaatr.rye lrse tan as llama on P606?ill pia Morlpppe. The legal descdplge pn be fount on one 1 ar 1hn Asengage. pa3rwM at[rH ledeyb3leec era lAa S;ds43c1cne1 tell Mai ON04 SALE-CONSENT 8Y LZMIDVL LW41W Me al LerUNf 025P4.arnaa 1". ,say d.a req TAM MORTGAGE detect Jinn 16,2022.1.mid.and.."filed b.lwean Allen Development LLC F IaOx 0 a.rTq WwKd 9f mis Eayigleger trJvu tfell:lJ c m IrlafLlr wA6oul Locator[rAT Virden hefenea ld N10w'n'GnAlurl AN EftSNta and Truck Cpinpany,whose address Is 131 Main Street rrt a00`44 at al rid Part Of this Red P19MIY,of Any afffed a dr.ReissPfppema A'saki Of One POO SBO,14AN IA 52235(Mined le hop.q'Lfkderl D...kr nrsaes Ins eanaerlkur sf fpey"any m oar ege,we d•toemet.e khv Rut prepeRY, GRANT OF MORIGA E. lO ldiAhr)examisoneta are coat eelenc W wgeebee,erF1W unful ary er a rs,10 W7:M"r]y v.:]rq sW.deed. � + g s Afltl Omr'e1s LM�Odd rwaWlehfij.4[R.O.U,h M cana.el,e0.1m.Cl Wf.Hy,Oaalrlpf0 uelaneek lvilo a It"Dice m iaaR grant-10 Ltes4Vc 0 fecuney 0-51 n*M 9f Gfa W'rgh1,14yt,-4 Llleeell In area Ili OF fall awang Nrda 431 ysanL,rsslaaprrrt COaXact Of Ay M tLugns'eyL O'VarRatf of any O.nvk.Jfl rwewal kk N deMMOOd toy A10Pe,ly,W91rNr.rIN w a-b"g or eriUsequefdo•epees or aNued bu#uW. to art'ern Pau reNng 4ds to l e Real Pmpar .vare rent often molflo6 or eadeeti or an lntxesl ehro rYO•Ar1a sm Ta IMQ5.Iem1 and pwMr,as tasame m, rights or way,and oww4arwlcOL M ,n Y,.Reid PrpaM! II M7[llrrhh n A[OfpOr4pOa,aMnarll,rp aid W?Ilta Boa M arq,trans air weave,weidr h WJa!e IIJr11uraaa and lath PION(.l W.rIA o 1M ..ul was ,d4dh ae Inniho n r uXov Amid act ocAc,rytiH royahke,aria proles rp.1•rsg to 1he rry prep M wAfpur ;M gm.F1 w any main"Fc V al;Fe k9asnip -fi en.}rwhNRe,try IMFr C!,, %-"A V n"res,r}w purr 1vrk1' W air.0love,oil. `p prang..n arado O,cu earn 0sko 1a.my?ire[atdQrn(3sx)m 1,net-a•)ca.WlseltaP mte•asR 9.s,9eWmrnlal erd e,n,r4 r rrwla,o,(Na•Rcu PmwrgD wuAad Hai Jannaen N u.,aa,r Il.taly cuacla•kr.aernal>v sauna-tray h..r�efm Gn*rr N+.nrw rr..t tart Gounq,3la0.al tows; sal to earw>ee ar Lams.H wdl.m.wa hsrmbi.p try re3nrella.0,W era.rid. ePmn Loh 77 A 55,Stone Bodge Estelee-Pad Seven,according to the phi thereof recorded In Book 56, TAXES AND LIENS-The rdtawing provhians relating Io One taxes and Gans on the Property am port of Page 91,Plat Records of Johnson County,Iowa, this Mortgage: Leta 91,32.93.fill 91,109,110,114,115,116,and Oudot B,Slone Bodge Estates.Pad Eight. PayMaat Grw n1411 oaf wean AN,Itra M sh OM AN;Fra ry f5H eN YaeA parmM Iowa City,Iowa,ktco,aing to the plat thereof recorded In Bak 55,Page 247,Plat Roeaos of fare.1ptpP I014C a41xLr. waxrr 04,2 y did eLSver all eHaraa{{o,•tad pga,A yr rrt .Al en County,laam. aC [of If.PvpM,pnrl Aral per he,doe er alto/lie week dw wt w fur pyyidb Lots I IF,118,119.114.$22.123.125,124,17a,119,130,13t,112.133,124,135,136, rendered s•r,rt.rW hervVN b pe P�prrry D,A,.lsr uul,mkrad tK f+ryp,i.Irsc vl m1%vrs and 1I7,Sr M,&bg.Eetudw pan Mr.,law!Ctfy.Iowa,johmi ice County,Iowa,according to the noeorg plVnir a Ce usual to he u3ansl of LT4 f`under CIS MWfgepe.Rxpepl for lim"arm plat lhers-I record.M floe*ag,Pay.400,Plat Records of JcJIfN,Oh CpgritM.Iowa. lveof4a ly.greed:0 h wr4uW Le Lee*.uE ntear for Ina ten or la.el ane KsuarlxAa not LOU 139,140,762,163,160,151,752,163,and 164,Slone Bodge Estate..Pad Ten,Iowa due and escepl as dllrem se provided In Mls Mortgage City,Iowa,according to the plat thereof recorded In Book 63,Page 11,Plat Records of Johnson PROPERTY DAMAGE INSURANCE the following pfOYsiOna rotating to m g the property era a pan County.Iowa. al this Mar'gage: Lots 1.13,Inclusive,Stone Bel Estates.Part Eleven,Iowa City,Iowa,a c cording to the plat Maintenance of Insurance. Omni shall era.re and mamtan odkies of fire Meumnca wan Il,e1vv1 FK Vad Ie book 51.Paige 6,Plat Records of Johnsen County,Iowa• ah ndo J cparpod.,..go endorsements.a I.PlSemenl ba-for Ins NC Instable Value Exhibit 34 to Petition Exhibit 34 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan Ne:fl Ills (Continued) Page Loan No: 131e (Cdntramd) Pop. renrp at Improvements on the Rawl Property In on,amount suRciant to avod appicapon of any or to effect discharge or any lien Mrlcrox[r cU".any win a""and n1cT-gx"ll da,"in favor W Larder Crider dal also dher Dalault- Interior falls to campy with any,other term,obbgabon,covenant or mndison pears sra mabvan esrprvlrrvxty 4a'+'al Wk:ay Mvaeav n axh[ovdege uavulpa p l.er,0e' corn ilned a this Mortgage or ng any of the Related Doeumenle troy esco" ,,sh under bt owned fit adaWnY w—odi n ew,tebdry,nauarm wiw Default In Favor of Tldrd Pardee, Should Grantor default ladw any ban,e.leman of aed!L Addd'frsny,(kanrw.hall wA-Ldn audll atbm n—olcli-arhrdM bat/W.ImW le 1 :3 bvabnrns IrdyffRfbbj wu Dalai amranas a Lendu nV regale.IYnlas stall fie w elon by urn acunry,agreement,purcnese or eels agreettmt.or any other agrmamhenl,n favor of ery other ia;Feraw uhyudea p4 it ajar tor.a jury Ye,ram-aaury Ile 1~ ll ahleb wa.s creditor or person that may maledaey affect any of Grantor,prape,ty,of Grenlai s ability le 00IR to laser rDnRlml er mvaraga non aarA munar rrW►lung a"daeon mat eaa.rage le pay the Indebtedness a Grantor's att to perform Granors obligations under this Mortgage W*M es,parOI a pmltalaed m t tt a rnnnnerrt or ten(1O)ld*p'Prior whillm,NO=m or any alaled oocUmenl_ Larder and nsf ineal7rg dry asdobea CO tea hcunw.Wily fat form to OW!ding rwj^ Death er Insolvency.The dissolution of Grantors[regardless of whether elocllon to continuo Is Eatlf-vRWa+v poky sm ahaa nq,.k m addarail IxorWy that arwage P favor e+t,y- jade),any rrember wiltdraws from Inc limited labily company,or end ether termination of WA rot be Itr*nd en ery was'lay Wq act vddalian a'10ko of Orate-W am'W-M— Gf31tara eeale—as a going bus,rcaa or the death or any member,me nsolvency of Grantor, Spry ft flpl tr be LwAW(n rig ate desgW d by It,.,a brlFlabeb of me Ftak-A the epoort—ni.of an—for any pall or Grantor.popery.any."onmenl tar the beneril gawtreltq Maeu;crwha POatcy ua a sp.ad"pest yicaa Bret,Qlrantlr aglow hp Aewn a.l at wadflohl any type of cretl,tor vnrhot,wore commencement of any proceeding under any m abaSn flood raura,la,rr M.W*,IN Ina tub veyw+11 rc rl Fblbrte.of Lne Ian AM�OW bllkl-tl�c,tdma•.ill Ill s all of aswm Gla'por tens Ills the property setvaag one+ear,'up W that enerht pity k6aY W Moor the yChvtf stretch of Omer Agnem ant.Any bread)by Grantor under the terhrs of any other pgoemmt Flaw eMavrei urOi a err ano,,ee4 mW'ed by Landis,bed la aapodain attar rorneav setthat between Grantor and Larder that is re!remodlod»llhln any tires poled pnrvldw march. Nc din iv ihs loan.F.aag a-clan may De Aced s+wu the Ns3atry Ytoad le inathnaoinre including wither t Frrvtation any agro0mam wnwrrdrg rimy irdeblednen w other obligeborr of Rcgrar.,Yarn paste t rdara.WaeaAg-yrhefo rand keu.ntrce-u r.'_-•by kiv,t I fed Giontor to Lender,whether exheng how or leter. row,vwerxx N.Otw amd 1Nysraluna,w idea aw,ar ftadl N1aww.x np.lda teal n ee:r esceptahk to Lender m its salts d,soellon and permitted by epplkahia federal flood Inwmrce E—to Affecting Granular.Any of the nrecedfig ervchn%owns whh reeow to any Guart— statut- ml egulellas of any of the IrvHWedres car any G.,enemor cfia�or becomes Yirdnrwhent,or lei,ar Lori Earrnalluree. it Any not—or pnnmec"d mlmEnaed that would nuhaialy affect dtst".the walldly al.dr l.kh"It,under,any Gaany or We m obbearess lenders mtarwf.0.Repay or if Grantor Wald harpy wsh ay provision of this Mortg. . Alghl to Cure.I I dry dapup,oth.roan d doleWl In paynhi rc Is .1 any Fiji Documents.Including but not limed to Grantors felure to discharge or pay wtdn as, been given a ndiw of o broach of be aura proviscr,of Us Mortgage within the preceding any anoub Garow la required W discharge a pay under the frblhyTl Or ay Related! hitiw(12)monitm,II may be add If Orernor,after larkr nerds viler notice W dmdar Docurenls.Lender on Grit bettatr may I shell not be ciallgaded of lahe arty action that denarr3ng are of such d0l.- (a)win be steel within Ile(1)mays:or N),f its see lade dames araroodale on the Pro rely Ile pai ad Ills for Ineu ing,mameaming aryl -ire unable,Nan One(1)days hmedla'ey Intlelea steps which la—deers,in Lenders pre-Whip she Pr',omy All stair erpeaktves Ina.rW a pad fry Wheu for eruct DtaPaba will sole discretion to be sulgoem Io are iha dorsal and thereafter 0uturtues and mrtlletes,all than low aimed M the rim charged veer the NOW from the date Ina mod of paid by haler to e asol and rensssay sears sumaerht to produce conphanre as soon as reel rraay Ina rades of rep yReee by GmNor. All such separation will barns a pan of ma W3bkdnes9 ad, rrvcth al at I.~.apron,will(1)be p Viable an demand,(2)be added to the balance of the rkia and Rq)I,W wW Ramede,on Dvhult Upon the OcaRence or an Event of Darwlt and at arty lime be apportioned ohni and be payable with airy InetWhnem paymens 10 beoam due cluing eNdr tat the tans of any applicable h-iaance policy,Or(b)Me,mamehdmy lam of be We:or(3)be thereafter,Lender,at Lentlere option,may exercise airy erne or mere or tie following rlpds and tested as a LefiOen patent which will be due aril payaale.1 1.Note's mammy remedies to addl,on to any other rights of temedlae provided by law WarnNy:Delete,of Tloe. That following monsters relebng to ownership of the Pmopedy are a Accel—W Indrbledrra®. Lender"I Iwo Me righ of Ile armor,to ac"em the enna pan Ol this leongege: Inactoednnsa Immedtaley due d payable,Inducing any prepayment penalty that GVNor we,hid to requred to pay wtmow notice,except as may be expreuly,mqu,red by appticaae ade Tltee. Grantor wart that an(a)Grantor I-el goad d marke',able title of record to the far Roperly in tee simple,frog and dear or erg hers and enambrmces other than those eel fo,lh at LICC Remadloe. With M3pod to all or any pad of the personal Property,lender shal have as, the ImW Property deuriplon or in my my lik insurance,policy.Iflle,reporl or final hie cphlon the rights and rmaces of a secured perry under the Uniform Comm rdel Cade. Issued In favor of,end accepled by,Lender In contraction with this Mortgage (b)Granny,not the full light,power,aid aulhoily to ea h e and tleaver lens Mortgage to tan"a,and Ic)us, Judicial Foncbawe.Lender may ubein Is polclal deuce fore losing Grantors interest In all or I—Gnnnd hwehy are nn,M.yM hn Inn wlar.ed W In rhaptw 576 or ma Iowa Cam any.!1 of Ill.Property Supperrent,es,nasv eneaed or Mmanner moalned,amended cr replaced Gnnlor,for itself NopjuatcWl Foreclosure Lender may ed.ose the nghl to flan-lumclet food—no,pursuant to and all pMsone Wming by,through or under Grantor,.grads that 11 1.—pro den.right to e hen of me type contemplated by Chapter 675 a any other choplar Of be Cade of lore oral Ipwa Ccde SBa1on 65e'11 and(,hiplm 855A Bp now enacted or hereafter md011ied,aMnad lunher waives ail nolime and rights pursuant to sold low with reaped to she[lens he" or replaced granted,and represents end wename that II u the ode pasty mlgled to do so end agues to Omer Ramedlee. Larder ahell have as,other rights and remed,ca provided in this MaWage of Indemnify,defend,and hold h-thes.Let—from any Iola,d mega,and cash,t dnding In.Note aril le el ww or to egudy reasonable attorneys lees N¢auged or suffered by Lender arising ether dhreclry or e4lredy safe or Iha Prundy.Tu tiro extent pnmdded by applraore law,Granor hereoy waives any and sot a resin of,mv den ul Ill.naikJbally or sa4 law lit me cane nsmny gran," all right to have the Proleny trashaped In eaerc�aing it,lights and remedies,radar anal be O.fsnsa of TIN.. Sub"la the eaceplion In the paraprgra s,na're,C,aew..daaatu dry eb free Ir sal all or ary pan of line Properly Together or Separately,In am sae Or by separate fa—er defend that IMe a the Pmperry against Me raMil dome.at at pp,aces. Satre Leader sail be entitled to bid at any pubic We on all or any porbon of the Property Full Pejamence. 11 Crreor pays ad the Inclohdhlesa.Including without IlaiWhon all future EWilm al R.medWs.Election by Land.to pu—any remMy her not exclude pursuit of any advisee.,when de,and othis—poll.—d the obligations inpoeed upon Grata viler Me other remedy,and an aedlan to mite expendAura..to little action to pedomt an Obigalan hlojgaga,Lender&dl alleauto and deliver to Grantor a suitable satisfaction of this Mongege and of Granler under this Mortgage,after Oranlors feque to perform,shell not affect Lerderb right ayhlip cater an,of termination of any hnnwWnp �darem an file evWaonp ladle's seohdy re to decla a deleuh ar,d watering its rwnedin Nothing under this Monge orpe, oth—lac 00 Interest In the Ft"lshd be PmsoM property. Grady will pay,if wribed by alplmhle law, be eahatrued so as to limit or reelrlcl the rights and remedem annotate to Loreto'following an my m o Ste lenrineaon tee a delmdred by LaaMs from time to litre Event or Default.or In any way to limit or leslrkl lots ngnn and ability of Level to pmcttE Ever"of 13.111111. Fach of the!alldrhg,al Lender.aphor.&hall conaaute an Event of Dahull directly agalrst Gnntar endru against xy,cheer co-maker,guannta,ously or endow andrar grid.this Mortgage: to proceed against any olhw cdla!en!directly or Indirectly securing the Indebtadneae. Payment DdaulL Grantor rate to mahe any paymen(when duc under the Indebtedness. Arlo, y.'Fsee;Expansion.M e Larder inatiMele any sub err acbm to ohlorce,and e comcomes.of bits or ova z4lge,Ladder shall be entitled to remn.ir suet ism as Iha wurt flay adteige Default on Other Pryreents. Failure of Grantor within the time required by this Mortgage to ressecreblern almhhey:I—x trial and upon ay app.W VAlother err not dry...n aarar,s matte any'paynynl for taxes or Insurance.at any other payment neca ssay In prevent filing of Exhibit 34 to Petition Exhibit 34 to Petition I i T a I E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT '" f - E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT s �. ' v f 1^• ^r_ MORTGAGE I , Lan No:E TNB (Continued) P.D.6 Loan Na: a+s (continued) P.O.s Irwdves!and to the extent not proN rival by law,so reasonable enpadses Lender Ir_urs that 0 will ave Len .'axettedness"mdudes,without hrrebtion bans,advances,debts,werdraR Lenders a,""-ere necessary of any tone for Me protection of de Inleresl or the enforcement - .�Wanes,coal era 1r,dNtlpYp,IN"offq*a Iu lien a�ubl7"ra vxw atf) of Ile rlghle ahal became a pad of the hdobtedmes payable on demand and shag bear Interest - -4~raW pmtsG ayp0•yw,q or Oweye-M e[7myo P7nonn•>:+a cOrmW4,ny at the rote rate from the data of Ule ezpercituro until repaid. Eaperaea covered by this _ P.ba prRo k"COCO,1pyy,e1M obb3aliona,end K.pi>'ts of IgInverer-w4 era PacarN d praagleoh Include,without Imitation.If-subject to aly limits under applicable law, "I"luope ayWnt 8.-1.lama e.yprtea.I1sw Or u-retie.,,eycM. Wns,e.allppey.'fee.and Leneefs legal ceparsea,whedrry a not there n a laweue, modify,refinance,Lonsoldale or sldsthule Bless debts 119llglles.and obligatobligations;.M i peetK• alduding ellorneys'f men ees and e for barwmprcy proceedings(altlLding efforts to tracery voAa dy v inwlumsmly Irlosr tet clue or to beoemr.ern by liter terms a aoneuwrelon sae say ayrprrrar,a pip dr aT-Honk appoaa .14 oey mI.Tased palux-v'sfu atesaaee W comin g Ihqunalad orrmgqudar ineya a m ee;delefa urdetexr,ec,or"or .ape gal. eMp_1a FM Baal el,PWOs i fetOnae,eW-erg altr laperel f1%Wsetf Iyenraaule Nrrc1,f Ivy nr ram ify Fri.q� .A aesm lean a 5,-Ir pr wet,m.red a repent),cumepw nva la,*"oodtev dvn ad!ltba a vhce,m 70-tent p-dW t, alesa Xskk pr1 ant eer Or J-1 and W41411,a+dvlocd b-b' v mpffrggp�nae appleaft raw.Ovorow atap wih pry say noun cosee.In eddeivn to,a egwf tern prowled y insto..am a wrong,edginpp!by Leader or ace w of Offers,tone•;a u1C/ala.Y.e Law. 3WM-.a RaaROMM'Wanton 'f4oz"IL-M oo tat"Co-14 1. AQ`k fao?A n,end d rise L'rssr.tf-*l a Irrnay apace met.In Ina e.am of Irxedawr.at n.110 Iowa KenYl-.amens ere Inkncy,i vyr�^y 9'eal fa,aaae p Lafrdr-e rciy,Al Itn]4"..ply apa;5 afar[ro redacw me pMb1 err re,knTaean p,Ceolnl Fo Iowa eran0l.sriM and IAer anaannrda I-or relncdrm Code 6r %6MM.O1d,g1r.Or 620 pl a any other-too Satlia,to lush trgr fro may Lander.The word'Lander meads Hllc Bank and Trust Company,ds 6-sore and acsgns Vor4w by Hen M r g.g..The wend"Modgaga"moan.the Mortgage betw-GroNol and Lender, HOTKt;OF WAFYCR OF HOME9I7J,O 01EMI•TION. M eaht't,b d'NOTICE Cf-15W4Q1;OF i IOA$GT[r9 EXENPTIOW b ard"Pecd to this k�>IOe ale A Imes ndowcr+ nr: 17osa.A pent of Th:ncm'Nola-irons theF-mry rode Pamd Noe 16,2022 In the original this A$osgnyd AM on,II of Cse IrausWsa,firm sold rancmama of me Emil W plan fAj sat Pdnd"soil at Ot.Oe%?1OAO from 04ON to Llamdw.logensr enlyn al renewals If, f,a:h In this n1Y V.Sre cwsana a of nvdS%Of.refl-1-9%al tonnoWalans et{antl slf rmr.ns Its f. Incnte y role or egrmrlent MecNaneou.Pnwl.lom.The lallowkdg mlmelarwpB pmwsbna sea a part oI this Mangag.: TKe mammy sate err ttas Modgape Ic 08I18120A y I:arwring LAw TaP M rlQ.yl 4p 6.pnrrlrwd laf f.daral Hr aprkapM In Lnder and,la IM fp oral opoo7 o '0.Wcat r awm a means ke.a"m IN,ksN'a/.pN YKnI p!a IV prape.ry nix of a W.ha,T 4hjef ay Welust,Ora noise a pjUAL6•,to,me nM.e aa1 prRoapr.d try feaard hen,9+a Ilene M 17e 9e.N d IOwf w:Nogl Tetra IR Ib or sFiava 1e M Noel Pfoaerag-loeb'her aaa al Katsalwf,pads..rd.d6>Sx,v W,ere Cen01c0 Of law prM.lxs The MorAMge fir.bon wmpto by Laden aedo,rule of bw&. Iedaur+eAtt a',.Mere ynbMdvpyro hx,ale W vial PIWA".M4 Wgrinw AN all pYaNi Choice of Vanua. If Blew is a Iawsult Gngmlm aU-rV-Lenders rent ash to strut to are snCal r9 k1:1 ev1 IimA0Lpn al knanefas Ira .ram ialana-of pfsfeYasl kom me the a julsaamn of the mats of chaser�mry,share a lots, peer eho.k al fen pfaPamy. TM.1.OI me 6.erce The i.If the 9.PMro In the pedormanro of this Modgoga, Property.The word'Properly means collv_Uvay tie Rapt Progeny an7 me Pdradne'Property. CwAaf th.undonsy 4 bent, Real Properly. the words"Real Property'reran the real pnpeny,Inlcresla Ord rights,sore lari.al al RtgMa M Oawsr,NdeHlasO add ONLNhuus.$lase. Iag ms ngwsl ere 1"a oc ref,Unrol od-WSipcuc-sit"r rd to 14.P.sprry aJ further tlmpperly.tl m this Mortgage ta'm.e f%tu al RwnPtcn 0 W apf of IAe PIU MV. If■Grape'Is wt on Owner of ft Robmd IOopaiffhts" Tee MFdI Yfrdfad 0marrarms-maker at ppxarts91y"I" tt"I Pal mil Or.nlaf a- IN.Mai tj w Its rw gait fr m of nl"sme.)era WA" .grasfe.faa Wh aaaveper.a.MrYiastun."RgaXnM.n 9.MIRMs,aY,aHy>gNRMRf, a Leh rights n7rtlal OeAlaa of IntM,se[ta►f eaadl,�MP r•Mlp.aal,ones.l OM MILMOM ll'{, munona, Fee nomou ep nnpueLZM rpea.na i.rnl V1i r4H M lase•.+g'meows.weave agrar7a:rf.afV 6xbmar.p,wMIMf n:,ywr IX F.dp17.r a*'.Iaup.,rM01a1aaa9a;aieaa urlN Lra ease w hus Men§ege Ua411.jiV"Read Ice VA CanNsIly,ab IsfMenaee to S?aaf a a,la InmAYKlupf3 shalt mofr amwnn f1 I-NI mWW of ft Ur4a Slues of Ammar sea wgris and lames used in ego Ranh. The word"Route'me ns.1 present and future cans,re-.n Income.Issues, F1e9.131 gram Indada flea,p4uw.vne:lrf O."to sn..l lada7a%I.Re?",as uw eehlaal my moan rays"S,profits,and other ben_efi'e derived from the Properly. wtrdaaoa Morn oatotsaraa defm;d aI h1.ur.twos 00 fay.Ue.msa•rgs Agere lea Ida y term.h see Uwe mr Cwroa. 4CWv GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISION-.OF THIS MORTGAGE,AND ltalF9arr. TTr Vera-•Jwrpwar aAara AArA Dafalparent LLC and trILlLaaa aA cosigner[ate G MVNuan+19•eg err eg0a P+d ere leek far.a.tCra ITV asagyra RANTOR AGREES TO US TERMS. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY 0=THIS MORTGAGE AND ALL low-mMsl Laali Yre wa:faa'�nxee,ovehE Lis ve aeon ale erar et KMa,ksalaot the OTHER DOCUMENTS RELATING TO THIS DEBT, low eq}.pi,rlgutl�»n end w re.gtts n'Nbq IR M pr,aq•Cinu a huenen tnealN eI IM mhernanl rev. n9 e.t%M ge,.A an n. Cv.T+(aeea'Hlrtr E.,;e mW hW k soppy_ GRANTOR: Cemleaelon and L.raai It Ad or 1000..a smeace0.47 u S.t 5eclen-501,r1 ere rCEflCLA'L Hlr Supl lnuw!Anle'"e"M and neovpapa.ael,Age 411980,P90.L-KP 99140 ALLEN CIEVELOPMENT LLC rOARA'y,the ma-dws ual"oh+Imsperlmr,Act,j9 O.S.0$.dun-to T.di Aft.duer'.M Redomo soar ate Re-arf Act 41 O.g.0 S"L93n el-q Icr".apay. qa �] _ area fY Gnen...wr I."n•rryanrtena R;opMS PertawN IAenia By: Alyfy leea.11.rd Atha Event of ONeu1L The welch- al of Delaulr any the evanN of dcleull eel ladle In concert pwwd LLC con Mortgage.In the avenue of default eL 1en of Iolahis Mortgage. . Grantor,Tho word'Grentor'means Agent Development LLC Gu.mldw. The word-Ouarenter"means any guarantor.surely,or accolmnodafon parry of any or.0.1 the Indebtedness. Ou.ramy. The word"Guei.nly'means ft gu.1pq from Guarantor la Lander,nolLaing with out Umfta mn AguVAmry of 14 Of vmn,f mf 804. Fn0lpblpll.a, T"Moe'Mdebr.dneRV-M 010100 PASS!a W.l 1.1114"1-, Im.b ama and 0 Pars e w"9 tell savred Lr Isl marl Unseen pre;W .Gala YA Moll alpeplte fllY floral.pa ndhed by Low.--luF.0--rut harm Ay and AE dW4.6ol"a LM oMgadoel Of artery n, la of to"nee eancrq&Ae•.6", ,, ry aaovl1j.111.1 f1b. f-N"v a.aame.Haey w Maxyea Zg t yin av a tenet ar Exhibit 34 to Petition Exhibit 34 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT 1 E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE Loer No: Isis (COnflnlgd( Pew 7 i rl 'T LINRTED LIAB9JTY COMPANY ACKNOWLEDGMENT STATE OF �+—"Lt-'1 1 1 I47 COUNTY OF �TaN✓1SGrf T NOTICE OF WAIVER OF HOMESTEAD EXEMPTION Thisretard we PcWiaHNdged baton 01e on J I�� �� .7A u 6y Jrw J ANo,MYmber of ADen Do loPirssat LLC. , Thla NOTICE OF WAIVER OF HOMESTEAD, ndatuION d lurched to and by a this n or other N made a part of the Mort9e9e,dabd Jum 16,2027,aM exwund In eannecllon with a loan or amer Brunefal hoary PrAlt E�aM lar tAe S11ae el y— accommodatim between HILLS BANK AND TRUST COMPANY and Allen Devebpmenl LLC. rry Ire+'� YY TPrllnlulen II T.6x GRANTOR F CREDITORS THAT HOMLSTE FROM PROPERryq IN MANY AND 7 FROTEC SIG FROM THE Yr r+r•.�urmenlgeU7iJR1A�`rc CLAIMS OF CREDITORS AND ARILY FROM JUDICIAL SJJ.q AND TNAT DY BTECTIO THIS MORTGAGE,GRANTOR VCI,NNTARILP GrvEM Up GRwkTOR3 MIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY VMH RESPECT TD CLAUdB SASEO UPON THIS MORTGAGE THIS NOTICE OF WAVER OF HOMESTEAD EXEMPTION IS EXECUTED ON JUNE 19,2022, Lamuft.Yv.20A.0 028 Cop.Fbrmtre USA Corporeban 1997,2022 All R"R.—d—IA GRANTOR: C:UASERPROIIIARLANDICFN.pL%=FC TR-118731 PRAa ALLEN DEVELOPMENT LLC BY., J1uf�AIrYry A10mbar 01 wen DFYaiepeunl LLC Exhibit 34 to Petition Exhibit 34 to Petition l I i E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT, E-FILED 2023 NOV 29 3:10 PM J0INSON-CLERK OF DISTRICT COURT HAZARDOUS SUBSTANCES AGREEMENT - Loan No: 1316 (Continued) Pago 2 an,under,or about the Property Huardow 6ub.teneas. Afler clue inquly end Invosugallan,Ind arwilor has no knowledge,w 'a baked,,that the Pwparty,wtle—r and whether pA-red by Won—O—peas,hm v exord01rad e,b-ta,,PCBe.l d paint,a other IWaWLs SAflarxa wheltwr used In onstwolicn cr stored m We Prop"- He Notice,. Indemnilor has received no summons, dta0on, dllecnke, letter or ether aaunefn we rulb"Oar"34 beg My 76c?Sr reap i rX No"unp/w It"W NV UG I:�vxns'rts+;NnacT+�)airy mletnaltl err IprgaApayt,:sue or_iron art tied",Cr stout as >hofary wrio leas'Mini g u,mo rolump.40C3h1p.todov-purfA7.pou"fr,ale;mg WAIT p FOR RECORDER'S USE ONLY ae geeµ 1 OF H1Lf!CM aN3nrH Inn wV ridam,rimbimi ate ar onlp Miff weam,r yrh¢ryr Prepared By:Courtney Drayfahl,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hills, dlma0s hay hwe b-Nrlad Li Ter urdlf"Mea.fah.aflat'h.W,Wkl..1aerl._is or 01'.e nar" IA 52235,(900)445.5725 resources. AFFIRMA11YE COVENANT,.IndemNlor Wvowala with Lender as follows- ADDRESS lienTAX STATEMENT: that of Agepnry Maremon,will not use and doe,not Inland b use she Proper to Allen Development LLC,PO Boa 1414,Iowa City,IA 62214 maree.pua,Melba,Trans rt treat,Mole,Karon.hr dig Property generate.ea po pose al any F1 ardhua Subsloneoa,PG3, ba]W the Y ttb06eC¢ Carrrpt.nca arlh Frim oh t/MN Lars. Indemtivr Shod lol'tie Provsrp,and en onr4:era RECORDATION a REQUESTED an M-di-oled on H to t S41 wIII raj cro all ErNfWTc/Ts1 Lena aM frders.1.y pry rm;enp Hills Bank end Trull Company,South Gilbert,131 Main 9Vael PO Boa 160,Hills,IA 62235 ayarplha harao--.X et untlel sia E6vlmda a•uai 1 a ame s on n"in Wn d s.rt ann actrmy w Ih as pmmanemA peemas a d suahae tens Nqw n W Enrkrr+idd r Lara'4 errp4 WHEN RECORDED MAIL TO: mspeel to such Pmneny U oporii m InOem shall N ndor rmst-Under with moles of a.5 ouch Hills Bank and Twat Company,Attn:Post-Closing Dept.,131 Mein Slnel;PO Box 160,Hills,IA perml:a any audnX¢alwns and arly amendments or remawaie of tw n and shill notify Lender of any 52235.0160 ehWmlwn or rovocuoan of ouch Fermis or authorizations. PAe,er461.kHsbpaleey and Fl►ndN Astnn rhni..rlbr AreO toes'..rAevr,rota rI N4raN 142an3aa St(k11bA1e311 lndvaY.lor yea N rsaifen:era Arty lnymnAp,.i rnktnnopfa n3prteslp. ,Fell ve,3erlltko shr.lO or plenaiwi a,mawv,garcr4 w renL-Jar nacre dncadre esws me v HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT Ieeoprtht.hannoW sl cbnrwannrx aarl(r rAr'r.Ora an4ml ).)nq ad lay ay appoly" Tree enamor;or arl C raWl Ise W,l'indamniarl pre be ran na on Ym`T'"f^rq°r tom' rc crepe pY gp4 ir,a ldal owny pivibg j,4rtyeWi gad6e La'C i at or orl Thu i The tr/ryoelrtinlal Lam u(p)flix"Ou0ry to poria"W"'Idrrl(m ptlOeKf N.X pntljf ag inaljo n4rnoa al al Ora0URIS Mw a:ene,'L.rl�rl uul to round I. paqv 1 01 m,l n be l em Ts .;p1 of la uco sidiat a o..r I:eparip,Penend ta}ay N 1- m the. ,onn.nr.y w.i„r.n.J a.-a addfAr can xe 1oard on fag,t Pi mil A.greamenl. The Iegai daaerg3nel an as loved an 9a2�1 of 0Hk Ayravlrsnl =FJI dSnuF as inlay,,in a0al#a of Ogvpee p fN3sdous 3ebrtaxae tit WrrkeOgl wi41 pb PrweNy v cl.R aawla err of oroewm m pr 1+"coal In fna.acts n¢t�lr. aLa m prraxm THIS 14AZARDOW Sui3S'TANCB34 AC UMEN1 ditad Duos so..1021.a mad.ad r icale m M aanp ae.Y of In$"r'.0r1 0b%4!rn urfe"dalt l khan be IM AfVhNr+vtr,Lit"aay(t¢7 antl MIL Cc Allen Oawkpmenl LLC,whew W,lii a a PO Baf)414.lone City.)A S2ta4 iaorns rann nka.0 a trWa.s 101 Ayr'4rm¢etrli am6etanp At'blraox.a r..,y,.nss All loch was and r.p— (rcuuwe OarLaeatae Ledo rh—ad Of".udr lap 4.2tOMe[h1"..W KlellAeaa+J ay pale*Is"Crlaipe^Adel wmsuma so ryndalllnhor):and IOI►041l am True rimamry,yeklp p,hart. "01—W la Laevn open ewWhd wdh I id"at$0 NoM d¢'akh radio,be,n due*baym or e 131 Vale SlelK PO gal lee,hall,IA 62136 Ifllan-I to pAW,e as"Lan,aerj.F"gvod and vaawbN nfaal.16.al,ea Not..l.ns1 spin Ley7r labor lnamr.lr Htcne yat Lenin ajar,ryy h:aajl soeaWer4lNn One[o Indnq Leeelr to mule a Nan 10 Baearear,earn Wery MOM."ode A61aimuned raxwla m tnd4Mnia fx say fan al APA Tnec oaf.ra 14'rW uW pFs Aar.,rnW.In I,rROMhral b.r.oy eeprsaeet,t sad slpses ldlb leedpr H NPPwa; uY awl ab`9dNa a tat isarinlpf,Use"khan at sa Imam w dekrg6 In o1 nu arm of PROPERTY DESCRIPTION. The ward-Property'as used in this Agreement means the fallowing Real tlWamr4Y1,red aline tall by Mariana,0 sLdn)7n' Nza ba do~q p¢.-swim aye Property located in Johnson County,Slate of Iowa: isk:+o.Ml.he'.r of k•d"Is race tape May 5straMTe.nlY,._X No a—Inad R rlrf,lay—car hpeby invrvraoy BO0oa45 sender m maeaglnre aNYesy.Re•hrf we h All Paul"I.partnmt such 0 Logs 77 S Slone Bridge Estates-Pad Seven,according to me plat Ihereol retarded In Book 56, In"ba"' rt pplt0p]ly upr Sus W M of ma A9'a crane"an L.Vlakf slx m r ocel,"ar,1 Page 81,Plat al Records of Johnson County.lower. MnrnDhlah Lola 91,62,03.7A,SO.109,110,114,115,116.and Outlot B,Stone Bridge Estates-Pan Eight, Noticed.IndamNbr shdl Immedately notify Lender upon hecurainc aware of any of the fouowin0: Iowa Ciy,uny,aafAiding to the plat thereof remrtletl In Book 58,Page 247,Plat Records of oad Johnson Cy,tow. (11 Any soy reaaaa or dkp al el lie s a c..'r SnseArae•m any of one Property,or an Lots 117.118.10.ITO.122,123,125,1".528,129,I TS.1,112.133,134,135.136, "b"voi3l1*W.�'o Its ppar+n—d ft Ch suer raassa err dIF400 mull W reported to try and 137,Stone$wipe EStak}parl Nine.low*Co.1-8,JDMma Cwary,Iowa,according to the gaulmrmlx AllmMly urdr.aPy,rrrre FrwInrwntN Caw, plat thereof mmreM In BxkyD,Page 400.Plop fasmrds ad JMrra[+e CpurRy,Iowa (71 Any seexArarero�L or mminanl Threat of mnlaminallOn of Oa�$par F192Maelm Lots 139,140,152,153.160,161,162.163,and 164,Slone Bridge Eslelas-Pan Ten,Iowa `•✓IDSlou!",W 0`0• b meeen ill€ WWanclal Lune In sOanrCtim Win We Prexwr 0a b1e Cdy. Iowa,ecwrding to the plat thereof remrtletl In Book 63,Page 11,Plat Recoils of Johnson perelona omf(had an the Property, County,Iowa. (3) Any'lktlp;ndlin r103 alish,file or penalty or ali er slmler agion by any gdvermare"I and ore Property oulhority f0at q la lraardws or Enullan Cobatances mmrlal Laws y or the Lots 1-ec inclusive,Stone Brdge Estates,Pan Eleven,Iowa City,Iowa,according to the plat cperalions oP'rR4C1W ease hpWrrr, thereof remrdad in Book 65,Pages,Plat RemNs of Johnson Caunly,Iowa. The Real Properly or Its address is commonly known as 52 Lolls in Slone Bridge Estates(Pans 7-11), (041 Any i di¢ial m adwxrIhr,live in,,Va O.bpn n favoe!TN Mal"la rar.m.t Ssrralrcn Iowa City.IA 52240. Envireamennal Laws are to the faioseny w seer oars.[r+•a loc"vi aad an Ina Property (0f Arly dru.an rs>,isry to Hauds"n I vratxwk ar Ensurrrnpnp{Leaf real wcrice g"a and acc pled by Lea The following representations are made to Lender,subJecl la disclosures made INWnaay negate!lrr ere tAN10 to be conmrnad that mo velur of Lender,xcudry inleeesl FI and accepted by Lender in writing: Dla Paaawy rn4r be rad,aoad or ereatertetl or that may Intent.or Lf eatdn to impair. the of Property.AI dye li c ay 4Y+T Innrehgabprr, InkarrOyy Ha In mdr Andy a faAtn b likae—NIT.M.y le Yerlatrh any Cf II5 oblVallons 0n0ef rha Agnetmem YAm s an toot'laonIna.t pill.dapdMd,boder as a y un C. 'Oto iln,bio^�Po.rmo:matX r�ngasy, perf—rce Is due Ian,Hilan5os SLeatx-s>,s by May Pslsdl Exhibit 34 to Petition Exhibit 34 to Petition r E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT 173 r r HAZARDOUS SUBSTANCES AGREEMENT _ _ HAZARDOUS SUBSTANCES AGREEMENT Loan NO:�I--2316 (Continued) Page 3 _ "- Lam No: 3316 (Continued) Page 4 Access to Records. Indemmta shall dither to Lender,m Lenders request.ecpec of any and as proceedings(Wriding snarls to madPy ar neala any sutanate 9toy or Indurbuce),appeals,and acmmeTts,In Indemnities fmsessbn or to Whch,t has ace„raalmg to Haoarcl Substances any anticipated pool-rudgmenl co'.ieebon servCes,the beat of washing records,Obtaining rude or E,wirp rital Lava ends me Property and ma opeabo is eond ctad cmthe Properly,including mpode latr:uding foreclosure reponal,aurveyaf'reports,and appraiaal lees.rd Ina ilhsuanw,:o wtiheul nm te0on refuila of laboratory anelyaes,site assaaa rtls a sNdes,environmental audit the a umt perm Hed by bppubaLlo low. Indemmbr elm will pry end court cosh,in addition to at repano and ether raruulteaa'shuttle,and reports other suns provided by law Inspections Lender reserves ths rlgl,l Iv Inspect and invs,lgale ma PmPenY antl appral.afY on I: Gnvnrnlnp Law. Thle Agmemmt will be go—utif by Ideal law applicable to Lander and,to me at arty lane and Irgm[,me la Omit"and Indemnaol shall—.,are fully wph Lender In such eaterd wt prompted by ledeal law,the lam of the Slate or Iowa wghout regard to Its conflicts of Inspsellon and Investigators If Lerner at any hoe has mason to believe that inaemnnor or any law prorlefors.This Agresmem has been accepted by lender W me stets of lows. Ocwpants or me Property am not mmpymg with at applicable Enwrmmanw Lax,a With the Choice,of Venue. If thine Is a Iawsuk,Inderrruta agass upon Landara request to submit to the requirements el talc Agraam mint or that a malarial split,rdoase or disposed of Hassrmis Substances junsell of ths souls of Johraen Carry,Slab of louvre" Inclanmyor hereby wer wagons of has attuned on or under the Popery,Lender may require Indamnibr to famish Lender at accepm lan or W ro s Agarenl by Lender. Indamnitore entperim an awimnmanlal audit or a site asmurtune with respect to Nit matters of cancel b Lender ^�-1 audil a....ne.I shall be paWrmed by a gU1IIIed dmwlmnt approved try The IolWwing sapilaliced words and ter-shag have the rolhwlnp rrteanirgs when.,ad tryLends.Any In.pectiana ar teals me0e by Lender anal to for Lnsnaen.purposes only and sea¢ in thus Ag...menl Unless spi lfipn/stated to the contrary,an references to dollar amounts shell not.tie wn¢Vued to cruse any uniboralbOy a liability on the pad of Lender 10 any Indemnea or mean amounts In lawful money of the United SleIn of Amenw Vlo,as and terms used In the singular to any Other person el'all mC.ude The plural,and the polar snail Inside me singular,as ma context may requu.Word.and Pima nor pM.,w1se oetned In this Agmelnad shall have Ina meanings attributed to me terms In the IhAIDENINITOR'S WAIVER AND INDEMNIFICATION. Indemmta hereby agrees to and shall Indomdy, Umfa Commemal Code; defend,and hold hamntse Lender and Lend&&omcors,directors.employees rand agents,end Landers Agreomsnl. The ward"Agreement'means Irvin I lezardws Substances Apreerlaem,as leis sucnssom and assigns and tneir officers,daedom,employees ad agents from and against any"all cleans,demands,losses,llab30im.costs,frlex penalties and emauas andw-rep wIlhout llmpauon Hazardous Subskb c Agreement may be amended or modiged from time to lime,together wile of ma—Va'fees el twa1 and as any,appeal a witbuu r.,levlew,cu sulliniuv fruits,mrrea,el awon cxhibda end edmdulce alled:cd iu this Hacmdun Oupslancn5 Apers—ol Prom time(a tame costs,nalaal resour®damages;and clumnutlon In value)Ines ed by such parson(a)anSmg cut of a Barrower. The word"Bnnower-means Allen Development LLC one Includes an co-rrgrrare and Id.wg to ary brvu9lpi lory or reseal aadn umt.Neg Ina Property,the opemlaw cadudeel m the co-nafem signing the Nate end all one(,sucw11.m and asagns Prolssly,ar any other apam:Ims at Indemmlor or any Occupant and laquxed by Enwrandrntol Levy EnvlrorNMnul Lawns, The words'Environmental Laws'moan any and all suite,ledaml aid local Or by ad en of ay'ga^anmadd authority Muingeunsdicilon under any Er —..ntd Laws.Indudmg Eny tor, rater L regulations end ad oases rcloting to the protection of human heats dr 0ie envaonrrrcnl, withoat Walston any dull ramuLa de r any lib arising of a rdalad to away nmwcount f including wilhaul I:ndation the Campmhemlve E:veanmenfol Response, Companeamn.and non vL nder of any P. enld Lewd or any applicable 1.any its propt apProvas,or()on cononnt or Lim l¢y Act of 1980.as awarded 43 U S"C.Section SHI,e1 seq I'CERCLA"I,the Suwrura IaI,to Lerch or any palace whebbewa o damage to any ai path addn0 out of In I,4r Am mdme file and Reaulled afion Act al 19ae,Pub L No 99-499('SARA').Ina Hasedaus wtih,a In any way relatag to 10 me beach I any vmenL renrasenwbn or warranty romamed m this AV a IL(u)the violadm of any Env4oame tal Laws,permds,aumonaatlms or applovaos,pd) Rec,%M,uals Act,4 ovation Sluc 49 U SC 1Section., 1 Othe at seq ma Remarea raansW.,rut. and the use it atmeM,storage,generation,mariuracture,it...pan,mesa,spit disposal or Other Reco¢ery An,AT U 5 C,gecaon 6901,of seq.,or chef applicable stela a letlorel I.wB,IdM,or F nn ag of Famrdous Sube encaa m We Property,or(ivl the car minul of any of inn Prnpmy by repute tens adopted pursuant Mamie. a the prasance,ralsaw or threatened releaser of,1-fausardloue Substances by any meal vhasoever He tardoua Subelansse. The words"Hatarduue Sutdmcaa'Haan metba,Wrt that because or their (avphedy troubling without Initiation any pro.ently es,dig wntammalen of the Pic tidy,whether oI quanitfy,c erhehon or PhysicW,cnermwl or rnlecLous charactaMts may mum a pose a nor previously disclosed to Lander,a(d)pursuant to this Agreement IrdertiMorS oblgmrane under present a polenlal hazard to Human health or iha envllcrment when Impromry used.mount, Shin section shag avvwe the L nnnafivn of this Agreement and as mat lam below,n ma SuKvar soma,disposed of,generded,manufactured,transported or Otherwise handled The words eadl— In additlen to Its indemdy,Indermlta hereby rarea—trip waives an present end Idlure 'Hezedous Substances'are uned In rhea very broadest sense and Include without inutaeon any daima agarsl Letter fa fMemnny Or ermnal In the seem Indemnitar hecomee lade for dowup end all hazadous or lost substances,matenaie or waste as defined by ar Filed under U. a offer basis trader any Envnmmereol Law Envlmnmenral Lows. Ine term'Haanrdou. Substances' also 14Cbdes, Without limllanon, PA"MENT:FULL RECOURSE TO INDENNITOR.Indenmllor Intends Ihel Lends shag rune rull ruwwse petroleum and peL•bloum oy products a any Iroction thereat.end esbeslos. to Indamnrlor for Indemn tors obFgelions under this Agnaernas as they become due to Lender Suadh Indebtedness. Tits ward'Indebtedness"rreaes at of the Ddielpal amount aasmndtng ham lime ,abilities,loseae,claims,dense¢.and etrome a anal ba Ielnbadaabfe 1.Leader ss Lenders otog.le res to hme and at any ms or mare tunas,—ed ur paW Interest thereon and an cofewon Ills and I.vaFa payments ea will,rodd Mrs maera e Innaa nn l wnuf dry requremm ni e of waiting for one liner c,,musea related Inertia per n lied by law pamsstae was ansmg from any and at debts, u timeb Weenne of any mlputlon,dam or the,proceeding and tndermmtor shop pay soda liability, hoed ties and ObWa rons of every nalum or farm,now svmmg Or nereaher anseg Of acquired,that b5-�daam,de'niages sntl e.persea to lender as so trimmed wmhn thirty(30)days after written Burrower Individually or collectively or Imrich.nges a der.tly with other., wig awe Len mil We humea Lder LPn]e ntl rf notice a comam a hrdentl de of the emourts Ineurred to Me data 'Indebtedness'Includes,without @dupon,bane,aevanaes,debts,ovoramN rdebtedneea,credit of sudii notice In sddhm to any remedy,avagablo for f3llum to pay pertodcelly such amounts,such card rndebledrefs,less ubagattn6,iabllillas and obligations antler any interest nine aaledlm gmoumrs that maaallerbear interest at tho Note delbuit(ate,or In the ebsenbs of a default fare,at M s agreamenb or Icn ign currency exchange agmemenls or commodity pdce protection aaeerrerss, Note Merrill rate other obligMion,and Iwdltni of Borrower,and any presarl or future judgmen„aglu at Borrower, SURVIVAL The wvenard contained in this Agreement Shan survwe(A) the mpatymea bI ma future advances,loans or transactions mat renew"attend,modify,refmana, mnemusra or Indebbdm as 0)any brectmre whether ludlcal or nonjuddal,of one Prapeny,one(C)any delively eub.01.1e thae deal.,eabilliee,and abldalNns whether:r.lunlanlo or Im'oWn!anly wcunad;due f a deed in feu of roredosars Ins Lando or any succ —al Leman The ravenanla comemad in this or to became,due by their leans at saeln+ahon;mearturs or conengenL hqurdatad or unup Fdatad; Arse menu shall 7 for Ina benefit at Lends ad any successor to Lender,in Wafer of my security detannined Or undetermined;dlroct or marred;primary a secondary or nature or string from a interest an me Property or the tndebmdass, LrBd Iful er os owns,of the Property folbwmg guaranty or surely:mewed or Manicured;pint a several or joint and aaw 1,evidenced by a formucture or me debvery,of a seed in situ of Ibredocune negmetbre or non-nagolnbla r—untent ar wnbng;originated by Lender or another or others'timed unenforceable 292m11 Borrower for any mason whatsoever,for any malfunctions that may be aISCELIJNEOLIS PROVISIONS,The rallowing mbayoreeus proWslans am a pan of thO Agreement, vo'aabfe for any mason umc h a.Infancy, smiy, re,ultra ra or othrummel;and algin m eled ra Anorneyf'F—Ezp.— If Londe Ineb da es any ce a on ll adl to W.-any of Me a—of raeumor or a ,grrtOed a,d man efterw,rd,a.....it or re—tilled. this Ag,00rrem,Linde Shen In ent!U d to IC0.Tel such sun es the wort Prey refil )B reasonablee Landon The well vLerder'means Hills Bank and Trust Company,Ile suerbs o and ass". as all meye form at bid ad term any appeal VNrether or not any L9✓I adbn Is fnywhoed and to Nlyy,Tors seam'HeuC awns me Naha dose UAee fit,302g and eyeclded or ales Oevabpment the ethane not prohibited by law,OR reaoorr�le expenses Lender Ircum that m Landers�nlm are NeW The principal amours of*Nola,ne,a 00, Is.20 with al CUtod c of,n Diweone af, nmasayal ay'1me Ion,hes paaaeon d of n rand sh of the ammwral nd the its rightsandl boboRa LLr mgdikilllons of,mlmanef!gs of, contafdabors of,and mhsldutiops for the note or credit Iwo m phe ImVeMedn r p par. m 1Nrrsam and al by hra intarsl d Ind Note rate from ghe time m gv erpera�ae until ropald. F�ano novved M leis psagrnsph Inducts,wghout.Ilmlleuwl. agroemenl. hvwevarr mgod for lands seder appgmde few,Lenders aga rmays'Irsa and Lmders k7d Occupant The worn"arcs r, r pant'mans a Ina;Wa.aty and po,tsmydy e1 gallon,o enwlre mgiapw,W hClher a Vol were is a lewaue,uhdlWay adoneyi Wa and exterame fa!hawnlplry Exhibit 34 to Petition Exhibit 34 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT SS E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT HAZARDOUS SUBSTANCES AGREEMENT HAZARDOUS SUBSTANCES AGREEMENT Loan No: 2316 (Continued) Page 6 •- Loan No: 016 (Continued) Page a oaupying or utilizing the Property,whether as owner,tenant.operator or other occupant. Ent -- Property. The word-property"means all of Indemnllor's right,title end Interest ta and to all the i.: y' r q LENDER ACKNOWLEDGMENT Property as described In the'Property Descriptlun'section of this Agreern-L Real Property. Thu„c:cs'Real Property"mean the real property,Interests and rights,as further described In this Ay:-r:.l. •--. _ STATE OF 1 01,)A _ EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS _ I SS AGREEMENT,AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER 13 r=�' �' COUNTY OFeN•+SoJ NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE.THIS AGREEMENT IS DATED JUNE 16,2022. i INDFMNITOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS r SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. This record was acknowledged before ma on :7-e )(.n 20 y7- by Teeee GRANTOR: Wad*as FVP,Commercial Bard"of Hills Blink and Trull Company. 2� �J r ALLEN DEVELOPMENT LLC a�., Nvrary'ftW`c`-n_'eM�Iff"lllfhe Siegeof !/1�Cuvma•o„ti� s MY commtaelm expires G•z6>� By. _ JJI1�4 Jet. J Hrlen.Member of AIIen Uft6Wvmvnt LLC LENDER: I.aso'P7a-Ver.20-4.g.036 Copy.Fine.lra VSA Cwporvinn 1907,2022- All Rphis Rcsmed to HILLS BANK AND TRUST COMPANY C.WISERPRO41AALAH01CF0LPL1G210.FC TR-110704 PR40 Test Wade,FVP,Commar vial BeMking � LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF '--L_ A I I Ss Cou I Thle record was eeknordedge before me on ,20 ZZ by Jesse J All-.Rtemycr of All"D vetopnkem LLC. f TES[SA ANN IN. Nmary Peblk In and for tha Stale of Wae NO Sad.lonet ) commhaxe a 72 11 2eLS My cemmisW expbea my conaro aloe I*. . Exhibit 34 to Petition Exhibit 34 to Petition E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:10 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE , rl;. PROMISSORY NOTE • La;NT ND: .':2323 (Continued) P.O.2 At 'pAd w-OH. aalluMr Lol.2M tow,hw, AcS TlFlktr 3457 SO.90 Te-t4,"22 QM4-2023 2373 1Artw 527B F29A1L t par.n,•a TM.nalutln..w.aa.rY rau.an,.waww4�.Fw+>"eamT..y Yn m2La+n/,kgel.va.M.e.rn.vraa n+w.n n we/x4.aweNr•?NbLrx traeaw',kMr Y►n eee=tiMlvAy wlNw rMw yn __. y"I- arlirwl nrludlrq wlp.p,Arwra.aw�'Iga.e.rryp•..,•r.AK rrur�rT t•ewLe-n Mtluvq awvr 1p wevq 4..tr...rwrw �n+ww+a •Ka'a ay..lama.uv ereF�t wIGPrK .ar-"rOe}yeA,na.r.,gaA.A.r daa wW Wemcw n.x a.giepv Borrower. A&n Dwal,pm ni uc L..dvrAr Hnl.NnL and Trval camwnr 1- • Tavrovaeo ey low A 011wrt 1 00-HIND LAW.TM1b Hole will I.11, povarneE eY Ndaral low apgarela to LantlrF and,to IN e+lminol DreempleE by Iedenl low,IM1e Irm o! Iowa Clry,IA 622a, 121 Maln Sln.l,PO Boa 100 a Sub W IPvra w+H.l nwm to.wnlllnu PI law PmvHloM.IN.N.I.N.Nan.weplep AY L M.,b w.Sulo.I low+. Nip,,r-lS LNORE Of VENUE II Ugre la.Iw,wR.Banower.oleos upon LerEefa nRuul b,u0lryl b Ine jwM'won of be nub of JOMem County (BDO)M6ST25 Slale of IPwa Ai1rT pf fitT 1k we rwrn a.rwn.4laxL4m.N+irr^sarav/aaF/v r1Aw n lae laevNe4 r-.)moorpwalr.. Pdnclp.l AmOunL•$412,250.00 Date of Nole:Oclphe Tor 2022 ryrItL rF e✓ w %w✓/-a.wPwra an.'w W+aw.^wv '^•` apse w Labwe Y,F.v+r�.ea awry Xrvsa NY raAxAJ.lre,rival¢YTAP IW aprAww 1p wm aM+a14 paakPsni W INgrtl[T,TIAY.Ara9rMv[r4LIC1'Bena�eY•1 a•ar,as Oh'1v NSa BanaM Tn.tCwa*FfLpW/Lw Ww.Nyful waF Y� raw nrp.waaldlnelr+ri4*'-ulfur2a Ef pneRMarwaowln Fw runiq+sae6wrl wy N1r 111wr4 alww MANr+a44 w p�Yay4 ra.wl r a.,,e rrs-4a1 Twa+�lgww Tw If+avrse RRtl S OG leO Owru lEl t}]M-aOt r V of w_y arceetx urs.n Lc•efly Beau.Iw aa.rfwasa.ry Nu.al rxan nev.rh k W.i Wn b wu:ad Lwvrra uwLe w a+�P' l rrww1wT.aw, N.vu wrrSA eAWHw.a� rF Conn wwq.tlm Ua wraprepn •a�ITEfmTnu.6ll WiMd,Q "Ho'-J iv wa•I rw�a14�1a4%w ewer Anrao-+s lu•pl]av dale LATERAL Bonower eGrwrAed lA bs Nolan Aod by Peal E.ule 11I I doled 10/1Y2022 on,LM 163 BAme BrgOe E,ubs Pan e.TEFEST HMdar✓rYl.e4+Np..alt nwpwrq IXucaadwA TM1 hdannran r�e.•2e..lvlM Yin.,rr aaWlaHa 1012J NurnOlon Ome.loAaCay.IASYla51SUn6nabd Guuanrydoled all1R019 al JeneJ Alien. VlTERESTAFTEA OEFAIRT'..cUar. • a,FYYl4fle.4H— oar µ,bw n P.,FIln dM idllnarra l a AVOv t.l wuwa u^Mq a•S.rq F+J.N 14,2022.Uebn LwE aaL'OIL Ira F4k rFneev.W W IF.a(e�aea 6»s r•a l;.yrawenp+Tl�Nsvw ae ss..banvasv ars�vt'i•f F4rrAlu awaatwleM4.d r.VMeeN IYr,rryvnurwr MrW beaM^ba-ntn uLla v,.aYY.Ilan to see,�t uewM Inbres4 aria ak�+] �Nrw.e,wx•na Mn wr a lay..sd a.va n.nry ar 8arewn w as r+ermfd a LW pnay,c•s /a IeM r Vya11 a^tW1 r k oar p1e.n arlAlaar4 M LaNaA i♦era.rh eK va.waa as rnyraw y Law.aonon.r wde P'Y a m. a vnrx•.v alrnwe W w•+•rr.w Y Tmvn,r Y u 0.•KPe b lc.•lpla Vm labri aFrrn {ra tutor allaaMfa apM.0.nwe aae..b a rty war)W+e n Lvavf wry xyaw n wrUq A�Fq,•aA+s a Gann•Ya•mvrMs 1e ree.aM r+wq^W H%WJv aPn`e•'a.nn•na ke.r,nNa aAV L.rM.an+a.,v a l+r..v.n.a+Ln:r,.e.ewa�r.eYow.,anwal m-vww,arana ...+nn(�Mrr..rlarDlaw>..a.eerw a=.a.rr lf.l� -MUM INTEREST WE.UMer no cvwm.um4.will I e bbre.l rib on W.Nqe erued l.ecepl M,my hB.,dplaull my crown A1gaw Jp,EYel.1w Wa+aad _. •wrYr.,.,.rtb.waaww..w.Wdaa}rllia 4r«a rFw+.�Y1w ar lrrn.al.e+rN.ra.r bebwl S.brer of lB G00%Mr.rvvm w IIw mnwnum releneamvN by.pplrabk levy ,,..l akv ItawOa• a alem,Mi dwvudw uafa�p apaaa b'�a t�Y SfY M 1ea e�rre W vy.WgM 1. r18w.aT .AFL'IpIAM.[1J:1+10r.N+r'e.[ N.N aw W N eaVlFa A„-1.NH.;INl k,by.PPNInO Ina gllP of Imeml rib a e.ro sf Ye a.e.rvn erase a 1b , ayd Ewcwarl.mFvre MLMr Tr gapaN W AR MIIanJ~ a M1111Yw<vyMa+gly HL a,.-A Nwd A,Na nwM 1,—al uYa ba plmlMl haunt.h tl sap e...q a.ly lrpy y era+ra wa2 yt nrpnpli yr aM_ree.sar+w na kGa u YF LWtfP iirM M99a.-Wv Wr aWa,erlF M- Ier wrxarrh "ItSm"a[w,OPe '.2C.ea[Yd at yIPHL eTaa FwWWM NYpL+YF W<iC W..Kir•e Yea el1"a lairWMrWY PURPOSEOFLOAN TN.p�ufs purDueof Weloan ra:CdnNrue4onofs��Bann al Lot 16JSbn.BrLp.E.ulelPart 10 +.heu M•.1 r.arA A.vP ial'++•+l J•rY w u a rid e•da'a.12 ewwr4 n ear.va rae'a.r rn r-Lw N. r"JYaHnl�alruu m•fv+l'w�s++•glParr+YDen Prey�AOr+v.Yar.ve.a6r G4eaY�Kr.1n" uM�r„ FINANCIAL 9�ATEMEN�S.Bwroxer aprw.lo prarbe LeMerwiln fUN 6namlM elalemenk.rq olAu rel.letl lnlormeaon al.ucn lmpuuru. v.re�Le• w wbvq,re+�a.vav''YWn+«,x+wlr•t.ew.wsnw wn lvprra.A>:.•.w.N,....s..a N in E- va o T mRY reo,wuoN newel nM aarwa.,e.aa+a.r apa.s lvine.rq lel+,a.aHa+an.ae,+e roAnnev,vr,ae rrmlw•ua.. IF-....y.VDr..par N4 2 Ey►pRTRNi:FFPO BEFORE LifiyRlfi.THE TER2,48 OF THE LOAN MREEFEEFn SIle, p!1d roil Tapallr.fL 1.a1a•wy aea41 e.RTwA Ha.q✓r N LmeK.Baer a.vi Ivr anew AAs urP•rra n-a�.ayYHe neat eiuuY BECAl1iE fl Y TNF16E TERMS LN yyYy�11RE EXFVAE2118LE,NO OSNF1t I[Ftt 0 aye,.w.eevr,r.ye n.a+ar. 1y.npua aeasakaeM.a.rrwnw ureld.w.sM bsl.e.j ax laal a.clnee MIa..L PIIOkLSES H07 LONSAw A IN THE"FUTtEN L6RH AORE&MkT WTT r LEO��LY g'NPG 1G -EO R I-ol Sol,wbau.Not M wF•w+a+ewlw••AgaeH a B,d'e1 n.1.rPLL�a wI a km...M wlln qbr w.A•,rm. WAY CMAN SA THE TERM OF THE LOAN AC"XIAGHT ONLY By ANDIM YIRrrIF. A6RfEM"UW. �Pa Boa 1Yo IA fi125firrOteO.M�NSY nWlaa NYwM fe irl sae 11wlCwany.Aw..w wra.ll+ Mun Strnl; SUCCESSOR INTERESTS, ne 111-of Inn Nob.NAIL M'M .upon Bpnoyrcr,and v.n BoT-.new p--P represFtwv.•as. LATE CHANGE II a paYmenl IL DO data or mow Ian.Berrenxr w r cM1a•pM a.00%W Uri unp.ltl pamoe d Ito r.pukdY.cM1eauktl cm ongn era re to ne penefd of Landn antl A.wcueewa.rd asxgw DWmmL NOTIFY US OF INACCURATE INFORMATION WERE ORT TO CONSUMER REPORTING AGENCIES Bmowe moy.A,Lender 11 IeMer INTEREST AFTER DEFAULT.U ¢uele m el on a ul Bwrowafa ew unl(s)b.wneumer repmm .parry.BaroweYprwv,Am nwu deau pp Ine 1 B.ODO%wr mwm Need M a Yeu of JBO dayAreHoweveL In re ewnl will Ne mbreM rW eawvd bee ma--F.'a Y reb Iwrnauon. MPp Bemis]0 Hn4 IA 822 ShcneD Lenwe M Ire IwawAnO wdeaa Rya.Bma wd Trwl Lampwf Ann.le.n 8enlgrq Dwl TJI Maln ultlb'.pp6unb law. DEFAULT.Eacholen bl-a,A.II con M.11 mevert of N.1-(Even)of D.N.S1 urldu 111.HOr. HANGE6 TO BENEFICMLOW... FwN.Iwto-.nu tour..AYB.wIAI•IO..n.nAlp rule,by elatlnp A.bwIuNN WIINv.prprbetl wr B. W Trval Camp.nY ncvnb and uD IP don InlomuW n np.nmp all rn.IHI.I own.n art wneol Inwvku.l.. IYM.1 umowNOp, Payment O.kulL Sommer le�ipbme.e.m wYrt<nlwNnave umerinb NOle. nlrh mY rnporul611Ny to rwnM N^Ia OmY a�tl TruM[omwm of enY CAmOer to Me iNomullm prevlard. ..Borrower%eI IG.a MoN or b wdorm any ounr lens owq.len,cwenal or w 1.wnulned 0 M,,Nob w m e[NL.AL Ae/AfN+IF�a Ywe NHn>m caN•o,a or-_a a•a Ie`re e%elkw ar wxYM Hwa vywrn wRfw rrya .nY old�:ed axumanu orbranPN wlmwlo penPrm.nY umr,oL+e.l,wr,w.enmlor wrrmwn nm.nean my wnr.Pre.nrenl wrYvs w'IrargFe pLvwl w.Nor r«n•.Iu.2 pan L4Finar'ars6 wl afnaw.pv.Ma pia►.vavrNaanwua Cameen Lenur alb Borrower. rPr.b ar rnan.aLwu erfr....+i a.vnlv4 0.era b Oa+r•wrC av Ytia ifeawa+M.Maa+e•!a•wgi•V.'Ar-s N a. eexn In rYrq ynRa NnNa e.q..r er aril Qyyr mHP:e,qw•. brn..•yfan el wax r2vW apMamv I ourcJlaw a ��.��w�1ka•'Tf•aW'��"'+^0•^4�'Y�?�t UM`Ma NrsOw va a`a`Aa r.�eC.°[.'"'.dare.wnru like aryr�+ne a�P vlw•aYa•,vwl,n levwW a+y rare aae:w NN ran w1 my wabrwry ayw arty" owafs wownY a b rnawl ikn Neftr Nxa h ra �u•Aru awatl Iraetav>h atq b am rlgw Pr ul'rl na Nor iAR aLr+F 1Y e-YaelvYg4Y1YC VI PrR,y laal wtJt Mrfns iwv'd..vCN[Ma�Y' eanpwe•s.a.•P lv nAay qa now caaAorm Bonvw,eu4amrl a-aly ns Nwe4 rd Wore rPr:awrwwu wmw wrwvrara+HaauNN Lr.wr�Hw.ael aTw rFyYY.t.a+lpa M�a ygeaav iyw Yuti�rfssp n>•••F I-&-.AaY www+rh nano+LxnvFlR..w+sfa4a.asnaNaloLwNh L•nas.vl ee aF eerraaNA wealwraf04 rgr..ra+4wh[w+wn adRr wH�[r rryTw a,wr arar tr i.'TY w.n nryw xvtmxYwhm.w.M R.Rdprtlr. kaw MOvra•d.w mF nor gas•A•s.f.,aaarwr,w+'I.m.ariw"wry.uVH we live Y�lekMrspe+.nq w..roam i'a I+NN alaarrwV N ib W:Nrn-H lY rs+aWr+Yd O)NW10-air aamlYY�adYa erac PRIOR TO aIGNING THIS NOTE BORROWER READ AND UNDERSTOOD ALL THE PROOSION8 OF THIS NOTE BORROWER AGREES TO THE Nv.Yg n MI w.W M yH.�Arwr rwr a Y ay!rw auL F La•aVS or M9an 1.M Y H.Ma4y■Mr two 1nn,r�a. TERMS OF THE NOTE IlaaL M 11.al•.ALH l..q.,er.lal al Oaraw Iwv,laru w.erFw FI,etoA 1•�CO'ma+.awaat a.f`.r4aw wnea.4 Mr BORROWER ACKNOWLEDGES RECUT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENT9 RELATING TO Nrru+r w.wr eeM k.ovrsv^e+N Ear 1 a•ndaer M i tv+'0 ba•egpler a e!wrr tivVar,LY-0-t,a Bvmeer, THIS DEBT ar,W•"aria Fxw+Y Iw w Owrv+u a VVA.'a a^p auy.•w 4�aria w v.x•i.rT ND•W ereewawwaW Me:G F•T a.reYq u+f.r•nl lyvlsdTr r vsAAPAFi rti q w.a.np Ot'vfa. BORROWER: M foMKur,`PrM�Wva Cabe• d Yreeptra r v.W-. MaflS�l FTMW V2 Y•CWrp�.•nuaM +a1,nY erry�w.a.1 r a+taarl w G•r'r iFa'w'^'wur ywF a V ee+w Twanun¢r lVnnnWmYNiNyDIP-._wla waAAraq aepwlaowVrL leIH L.Ca FYve�n,cw rrw re.lwtw ..r..IaMae,riXxL:C rd��r A wn w.pa•u tp.ti.l.pY Rali.e.r e ar..v ra a waw•nnm yr n born r,ws r Hs BF.f Y 11e wV4r c rn w b I,w.•s a LyYeia isw.l�ea p n�jn a•y y e W.a¢Lev n m.�ri�wrrw..as beery Dn oaowa� ��^ ..Awrlrmd-in 1 ex . alu r- Ip br.d ew1r,I Dw Wllalwal,one aWl eaecv0an or e1leNmem N re1 w1 nMe i Dyed-in IA,ny j]0)doh obr be Boma a lerivtl. CAUM N,t,AagUM17M.L NN-PI.AF P4 xnre0ub amn,newgArlw.w Ma wrT paVP n.Tv.arwwr+-tiv.-'No n)gad nw ereveYaanvwW arW Mwvs:lmer.ece o�fl�o�•a avear Noe l`.p..unnwlwea,a.efew ColblenL ��•••,••••-•••••-•-�•r-•••^••«^-^r�--�••,� o-ar pCR nir:4Lnw+QrY G.Iwll U-Ower L,Owvmene A.1.vb occur-1 err/olAer mo,V dmd of I t w seamy.groomer)-a aF or am ponwn of Ne LWabrel yNPa.eA rPAbw..trr r...rr r...ale.n w ew.-r Lma.1-.,aw•r a I.rry�,..lr..f a.v+r•t ea mnnaY O+Lnea.rp.r ia•wwE W L;[>.�r.ntw+W�wanwwem IV Bay.r�wleri•v�w W.ew.ail o�Ea�w wn.na w pwsuanl b MiM wN Iwpmem woe enlo,d Ennb AHINIrp G-Ar-My of f geca M Bomb-wN n.uu to any Glly 1-w,nY ptlgr puaranrr,--r mn wM r any of Ua Irdewedner w ony Wawnla,w am oNer pu,rwlpr,eMw.u.wrety,or aucmmodalan wM Gr betanree NrnnrPolenl w rc+caea oI onpulea Ne velgily ol,or luodly uneu,ony RuannN of Nc IMDWMrow eraellud ty inn NGIe A.7 CNnp.A manna),dome IN.-.cub b Borroweh Auno.1 wgilon dr L-Ce4rm 11.pw-.of wY 1 a pelamallu PI IMF Nole.-.1. we ProvHbnr.II enY delaWL o0nr Wn a tlelwN In wYmml,b-141 art It Bwrown nos not,to piwn,nuw of,bre,cn of the Bems prow.lDn of Inm Nole wlbm Ua p--1 Melva(12)nrpnlea.N-,.and II Sorrvnvr,viler LI,-DmJ.-Nolo-lu .nowr xrvmm�g ale of.-do- (1)w M do..wlnb we(1)days',w 12l N IN one rewaea more Ken w.(1)don DNry naw.e.r.p.wrran lara.r PMma mi raen.P.dncr-o to r.P-I No ww w.delwn and were ,wmnaen I. ampule.ea ra..ewbN oM nau.ury.k a.Nrw.n1 b Prptluw umpbonu 1.L-1--bl,el.-I LENDEFIB RIDNTS U.n dwauA.L.-m.,uU.rs We snore.,...Irmo)A.--IMF Nob art w acvud.'P.,In1enM m otl Nnd. ,;Nd Wn Borrowwlw+ll p.Y lNlar,wd ATFDRHEY9 FEF EAPEX9E],leMer may Aw or wy-.no eW IP NV weep Ink Nole I!So,-,due nu pay-Bwrowel will pay Exhibit 35 to Petition Exhibit 35 to Petition I ( 1 I E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT BX:6434PG: IS Recorded:20/17/21322 at 11:38:12.0 AM County Recording Fee:$32.00 lawn E-Rling Far.$3 00 , Combined Fee:$35.00 , Rave ueTm ' Nkn Pxlnbr RECORDER Johnson County,Iowa FOR RECORDER'S USE ONLY FOR RECORDERS USE ONLY Prepared Jeff Auna n,Hills Bank end Trust Coto par By: pony,131 Main Street,Po Box 160,Hills,IA Prepared By:Jeff Aunan,Hill.Bank and Trust Company,131 N.J.Street,PO Box 160,Hills,IA 52235,(B00)445-5725 62236,(800)445-57U ADDRESS TAX STATEMENT: ADDRESS TAX STATEMENT: Allan Development LLC,PO Be.3474,Iowa City,IA 52244 Allan Development LLC,PO Box 3474,Iowa City,IA 62244 RECORDATION REQUESTED BY: RECORDATION REQUESTED BY: Hills Bank and Trust Company,South Gilbert.111 Main Street,PO BOX 160,Hills.IA 62236 Hill,Bank and Trust Company,South Gilbert,131 Main Street,PO Box 160,Hill.,IA 62236 WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: Hills Bank and Treat Company,Attu:Construction D.PL,131 Main Street.Hlllo,IA 62235 Hills Bank and Trust Company,Attn:Construction Dept.,131 Mein SlmeL Hills.hA 52236 MORTGAGE MORTGAGE NOTICE:TFq 4toctgoli etaarea c/edR M the akeOWd 011411Fjogu .L..dt4 tine sUcmitie atom Gad NOTICE: try 11at9agr aroma r[rdrt rn Our.—.at of S4aa,000.00.Lean,onto ad.—.up to this emeun6 legales,with Ir11aree4 as senior to Indablodnes to other creditors under.ubealuamly une.togelber with imereat a.eanfoe ID indrpfadnea.le other daduaa"We'lub..Rurady recorded c.f6te neangagn aH 1".. recorded cr hied menga3y and Ilene. The names of all Gremorc(sometimes"Grants,")can be found on page 1 of this Mortgage.The names The names of all Grantors(somelimes"Grantor")can be found on page 1 of this Mortgage.The names of on Gmntses(sametlnles"Lender')can be found an page 1 of this MongBga.The properly address of all Grantees(somelimes"Lender")can be lowed on page 1 of this Mortgage The property address an be round on page 1 of this Mortgage. The legal description an be found on page 1 of Life can be found on page 1 of this Mortgage Tim legal description can be found on page 1 of this Mortgage The parcel Identification numberan be found on page 1 of this Mortgage. Mortgage The parcel idenlMcelion number an be round on page 1 of this Mortgage THIS MORTGAGE dated October 14.2022,le made and executed between Allen Development LLC THIS MORTGAGE dated October 14,2022.D nods and a—eff frehvesn AOtn Development LLC (reremed to below ea"Grantor)end Hills Bank and Trust Company,whose addres.Is 131 Main Street, (referred to below a.'rOranto(1 and HiC Dank and Trust Company,whose address lo 131 Main Street, PO Box la0,Hill.,IA$2235(referred to below as"Lander"). PO Box 160,Hills,IA SY23$Irefund to behove a"Lend.,"'). GRANT OF MORTGAGE For valuable consideration.Grantor mortgagee and conveys to Lender and GRANT OF MORTGAGE. For valuable consideration.Grantor msngages and—veys to Lender and ,mote to Lender a secunty Internal In all at Oremers right,fill.,and Interest In and to the following grants to Leco er a security interest in all of Graders right,title,and Interest in and to the following de.o ibad real properly,together with as existing or subsequamly eroded or affixed buildings, described real property.lagelher with all mixingr subs. r Improvements and gxhims;rents and profile;all easoment,,righlo of way,and appurtenances;allsell a rights of creel a o pp de building,.e;all water,water rights,weleraurses and dhch rights(Including stock In aligns with tlllU or Irrlge0on water.water end,wares;ors s end praline;rights easements, oils c trey, red appurtenances;all right.);and ell other rights,royalties,and pro0ts Wearig to the reel property,Including without water.wad Agile,r rights,fro a and ditch ngms(including stock In et pros with Includitchding in Irrigation gmhation all minerals,oil,gas,geothermal end slmger matters,(the"Real Property")located In Johnson rights):and cog ether rights,raya0ies,artl prdlk railing to me real property,h Jed In Johnson limilalion all minerals,oil,ges,geothermal and slniler matter.,(the "Rol Properly")located In Johnson County,Slate of tows: county,State of Iowa: Lot 163,Slane Bridge Eslalrs-Pan Ten,Iowa City,Iowa,according W the plot thereof recorded In Lot 163.Slone Bridge Estates-Pan Ten,loxes City.Iowa,according to the plat thereof recorded In Book 63,Page 11,Plot Records of Johnson County,Iowa. Book 63,Page 11,Plot Records of Johnson C—ry,Iowa. The Rol Property or Its address lo Identification numb r known 1 23 Xunlinglon Ortve,Iowa Clry,IA 62246. The Heal Property or Ito address k commony known ea 23 Huntington Drive,lows City,IA 52245. The Real Pmpeny parcel nientiotnumb.,la 0607416002. The Real Property parcel Identification number Ice 0807418002. FUTURE ADVANCES. In eon had to the Nale,INe Mae pursearea as,"whirs advances motto by FUTURE ADVANCES. In addition to the Note,this Mort n future advances made b Lentic to Gmnlor IN,Mortgage a rem the n,In an Bra made pursuant to a ad In are N Specifically, gage secures a y without It IL near h Its Mongage assures,to mnl on to the swank apemen t e are Note,ore future Lender t I Gmnlor whether or not the advances are made pursuant s a ad in them e.Specifically,uture Dunk Lander le Its tlisraetion may loan to Grantor,together with all Interest thereon;Aowevu.In no without Itmllalion.This Mortgage wares,In aticalon to the amounts specified In the Note.an future vent shall such future advances(excluding Interest)exceed in Ihe aggregate$405.000-00. amounts Lender In Its discretion may loan to Grarla,together with all Interest thereon;however.In no THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE event shag such future advenas(excluding(merest)exceed In the aggregate$485,000 OD RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE AND (e) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: AND (B) PERFORMANCE OF ANY AND AL-OBLIGATIONS UNDER THIS MORTGAGE. THIS PAYMENT AND PERFORMANCE.Except as otherwise provided In this Mortgage,Grantor shall pay to MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Lender of amounts secured by this Mortgage se they become due and shall strictly perform all of PAYMENT AND PERFORMANCE.Except as otherwise provided in this Mortgage,Grantor shall pay to Granters obligations under this Mortgage. Lender all amounts secured by this Mortgage a,they become due and shall eirlctly perform all of Grantors obllgarons under Into Mortgage. Exhibit 36 to Petition Exhibit 36 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT ;"r E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan No: _2323 (Continued( Page 2 Loan No: I�2323 (Continued( Page 3 =SEgWN AND VAINRENARCIF OF THE PROPERTY.GraMe 0211 Mill 1kiy sdes postulation And dehiver Ia Lender CMffANI of oanarage from rim i icarey WIMMISdp2 a ce icIl Dll goof ao'lday> qsr w Sho Propotly"bo QCAMaed by lhr fp11>Mo[q pMM*fn Nona Gf"Cm",*the hw♦w•c-e;:ld rat eanknat"WsMaat.mnierylm at Lain(101 days•Phbr Whit rM[IN M Indaili ich.a,[enctduhl.ma hint at this allnaa mpfrseaf.d by tIM Intfs"a""a W.l ba,sad to LteeN Yeti hat CGnfaiemp why dYetsxnut of Nd YiliMi IipbM it for filth W yrvtt Sui-WM pcCWfr 0) Agrs.aw.l prseaats d piobi usaA lot.M egfICYIMaI India r e1 slashed 0 Iowa - PJ-1•"halos pwC,ills 91 Whop�rude ar(fien2 RfVe4Ng flail opassaga in laver pt Looks ✓ropy Sreecn 53513:(;)ApMul i long as,".60 in Iewa Cede 5K&xn gall tit 5r 17S.2 ill,IS, WA trot ps analnd Ns any way py any ad,onissaan Sir whist or Grantor or any aicz Arson. 17]Ptopalb uNa ref in org,ImlurN pxrtpow as q`ewo al low.Coon 5eeearl STD.t 112) sta"Vw Ref Is aphy pp ge.ud Inn Maa al"neNd by this AdnwcspMe,of pm Podium PoaeeOslon and Uae, Until the occurrence of an Event of Delautt,Grantor may (1) re n in �Mr6wC7 N.fie;irnisnf Agail as i apa'-sal scrod batie r Dlwt.a y.ec lu otGsae.rid possession and control of the Property; (2)use,operate or manage the Property;antl(3) collect SO, hood shaursnca,d ail.ails,ha a'e foe im, pliiepld&W In o1 yq ua and pry ormr 'wa Mal.pre"jah,w the Ilan.W q ale y for Aft p and 1 5rall4 net uneda hla Netweal Ile Rents from the Property fipae b+fuisnn P rpyaai,w Ma 5aelane+sawed er eannw..na ro wrysc.for Duty to Maintain.Grantor shall maintain the Property in tenantable condbion and promptly perform tlsa 9wmt.1 Ne laeeL fleoa back r n W be porchpaed amerr Ise M/pWil FAA buta W. all repairs,replacements and maintenance necessary to preserve Its value. P,diih,6!Mara WHYS eild ers praii'wxe[e less lhairance-an ditBmd b)r epal`dle Latent Hasaw ati.Subclancae. Grantor represents and warrants that the Property never has been,and Mod u,cerrr�Ce mauales ai reTpAspSea dr Cram anplhar 1CYd ud;am.tr poGt+7.f that a bi will be so k,y es this Monrpaga o.meins a hen on Da rrmpe Ay,used for the lianoralf uh, a>T.stalla a.f�� aa1!a 1Pre ebClrfiOn MU}Srrr11tk0 by IpPeP.1tM M1M3f 611si AMrafarls! never anufaclura, "s9cr. treatment,d.peal release or thraslonae relr.sa of any Muar4we SubslanCo in valsorn of any Envirug%IHiI Laws. Grdntw iMrl➢nses LNdar and Its•form m LSndar6 Espendlums. If any action or proceeding is Commenced that would materially affect ert[al UpOsr tray*"Perry to manta a-tt inspecbexe and tests as Lender rr J darrh appt"hils 0 to Lendeh inleresl 1n the Propertyor If Grantor fails to comply with any provision of Nis blongage or .noCCfr'WACo of airs P+aplrey wile tnla wfYdn of me rAongeyp. Grardor hemp} (1) any Ratafaa Documents,r%%rdsci but hat lannad W GmnlNa taaWr la dighbirgr W 90,wM+due Cloonan oiy wWws any aapro tyima against 1"`7 for indemnity or cm4lbufan m Me dvenl any amounts Gramm it rcgafnd to abs"pp or pay Hider di Llcidi W aiq Rotated niaoir ereh- 1!.�.for elfahup W p,her casts undN ill such Wi lIW (2) agrees to Docurrerb.Lender an Ggerof'a behalf may Phut shall not er oNyatod(o)rasa shy r,Yren that +kerairay.W.",aW hold harmYm Lender against any rap rw claims and fosses resulting from a Lender deems appropriate on the Property and paying all costs for insuring,maintaining and ii or Muc pw&V*o of the yanl)ape.This obligation la geaii am dsaai shell survive the preserving the Property All such expendllums insured or paid by Lender for such purposes will payment of the Indebtedness and the sellsfaclion of this Mortgage. then bear interest at the rate Charged under the Note from the date Incurred of paid by Lender to CONSTRUCTION LOAN. The Improvements shall be cwnpleled no later than the maturity dale of the the dale of repayment by Grantor.All such expenses will become a part of the Indebtedness and, m0.'e(oraach ed/Ar TIN n L.ndar may he.comiI."ftj Mod Grpifor 0.4 pay M lug a3 Costs and (appol Lenders option,well and be payable it Clemens; lm t added to In,ecame due the Note and Sniper—N sicain Col rnPr Did work. Laedar wN GSCufte LAM prdGCdda Wh*circle 0rrms and be she term among and be payable with any or(bmthe payments tom of the Clue during )be mria'-OM as t-0MY dl Cear^reasons&,iinc,"rf fir insure that the NuRalt[redid by this tre the term of any appb ant insurances due;or(o)the remaining term of Ina Nole;or(3) se Mortgage Shall have priority aver all possible liens,including those of material suppliers and werlmen. treated as a balloon payment which w111 be due and payable at the Note's maturity. Lentler may requrre, m aong Omer Innge.Mot disburs ement requests be supported by recamled bats, Warranty;Defense of Title. The following provisoes relating to ownership of me Property are a expense amdavlts,wawers of(lens.Construction progress reports,and such other documenlabon as pan of this Mortgage Lender may reasonably request Title. Grantor warrants[hat: (a)Grantor holds good and marketable INe of record to the DUE ON SALE-CONSENT BY LENDER. Lender may,at Lenders option,declare immediately due and Property in fee simple Iree and clear of all f ns and encumbrances other Iran In—set forth in pays"'all sums secured by this Mortgage upon Me sale or transfer,without Lenders poor written the Real Properly description or in any bile Insurance policy,btie report•or final bile opinion sent,of all or any pan of In Real Property,or any interest In the Real Property. A'sale or issued m favor of.and accepted by,Lender in connection with this Mortgage, (b)Grantor has transfer"means the conveyance of Reel Properly or any right,title or interest m the Real Property; Ne full right.Power,and sun onely to execute and deliver this Mortgage to Lender,end Icj the whether legal,beneficial or egiiilalNe,whether valunt.,or Involuntary,wllelller by Winght Bale,deed, liens g=ted hereby Sir not in type or Ilan referred to In Chapter 575 or me Iowa Code inslallmenl sale Contract,land Contract,contract for deed,leasehold interest with a term greater than Supplement as now enacted or hereafter modeled,emended or replaced. Grantor,for itself three(3j years.loose-option contract,or by sale_assignment,or bander of any benef iel interest in Or and all persons Claiming by,through or under Grantor,agrees that it claims no lien or right to a to any[and trust holding Life to the Real Properly.or by any other method of conveyance of an interest I-en of Ina type conlemplated by Chapter 575 or any other chapter al In,Code of Iowa and In the Real Property, II any Grantor is a Corporation,partnership or limited liability Company,transfer further waives all npllCos and rights pursuant to Said law with respect to the(lens hereby also Includes any reslruCludng of the legal Sillily(whether by merger,division or otherwise)or any granted,and represents and warrants that it is the so.'e perry enhged to do so and agrees to ChiM W.lyv;I Chi of more than bsn1lt7.9he psroMril 1:5%)as this counp stock,partnership Interests indemnity,defend,and hold harmless Lentler from any loss,damage,and costs,including w snalyd ls011RiCPTyery inleresl♦.+!VI.Tire mry be,W cueh 45rISOf However,this option shall sortable attorneys'fees,Ihrealenetl Sir suffered DV Lender arising Sinner directly of Indirectly rW or aAesCred iy C.r?ar if such Sochi 11 pf"itiod 6y f.daraf fax or Ii Iowa law. as a result of any claim of the applicability of said low to the liens hereby granted. TAXES AND LIENS.The following provisions relating to Me taxes and liens on the Property are pan of Defense of The. 6wli}et to the exception in the paragraph above,Grantor warrants and will this Mortgage: fcmm deNoe At We W the Property against the lawful claims of all persons. Payment Grantor shall pay when Clue(and in all events prior to delinquency)all taxes,payroll Full PSdormance, IF Grantor pays oil the Indebtedness,including without limitation all future taxes,special taxes,assessments,water charges and sewer service charges levied against or on advances,when due,and otherwise parforms all the.obligallons imposed upon Grantor under this armunl of the Property,antl shall pay when due all claims for work done on or for ser iius Mortgage.Lender shall exec!,and deliver a Grantor a suilah[e sausfegion of this Mortgage and enAnreA nr mode,d furnished to Inn Property Grantor shall maintain the Pmprry free of any lien, auilabla ctat....1,of tarminatmn of any Rnonand Statement on fie,,,dancing Lori....nly having priority over or equal to me interest of Lender under this Mortgage,except for those[tens inle resl in the Rents and the Personal Properly Grantor will pay,If permitted by applicable law, specl"By agreed to in writing by Lender,and except for the lien of taxes and assessments not any reasonable lermmation fee as delermined by Lender from time to time due and except as otherwise provided in this Mortgage Events of OelaulL Each of the following,at Lenders option,shall Conslllule an Event of Default PROPERTY DAMAGE INSURANCE,The following provisions relating to insuring the Property are a part ..a,this Mortgage of Nis mortgage] Payment Default Grantor fails to make any payment when due under the Indebtedness, Witiaem.cr of hytrrari Grantor shall procure and maintain Policies of tee lir—it ice wNr Dolaull an Other Payments. Failure of Grantor within the lime required by this Mortgage to steiwerd el,m ed coverege endorsements on replacement basis for pro tua m—ays;rater mate any payment for(axes or Insurance,or any other payment necessary Io prevent firing of enng eb Improvements on the Real Property in an amount sufficient to avoid applicetion of any or to eftecl discharge of any hen cov a clause,and with a standard thischp vp tauw v i twer of LaMar. Grantor shall also Arao,ar, 1 m hri campretrenaN Baha'i hat iry insurance In such Coverage amounts as Lender Other Default. Grantor fails to comply with any other term,obligation,covenant or condition they redwat Wri Lerwe, h being named a additional insureds In such Mabiti insurance policies Contained in this Mortgage or In any of the Related Documents Additionally,Grantor shell maintain such other Insurance,including Mel hat sodas to hazard, Dolault In Favor of Third Pertles. Should Grantor default under any loan,extension of Credit, business intamrplmn ure boM inwrance 09 Lender"require Policies shell be written by such security agreement,purchase or sales agreemenl,or any other agreement,In favor of any other Insurance companies and In such form as may be reasoNhjy sepaambfe to Lender Grantor Shan c ednur or person that may materially affect any of Grantors property or Grantors ability to Exhibit 36 to Petition Exhibit 36 to Petition e I I I E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE Loan No: 2323 (Continued) Page 5 �F --•n - { or vacate any automatic slay or Injunction), appeals, and any anticipated post-judgment MORTGAGE collection services,the cost of searching records.obtaining bbe reports(including foreclosure Loan No:j7 F7 323 (Congnued) Page 4 _ reports),surveyors'reports,and appraisal lees and title Insurance,to the extent permitted by applicable taw. Grantor also will pay any court costs,In add Sion to all other sums provided by repay the to Indebtedness or Grantor's ability perform Grenlore obligations antler this Mortgagelaw. or any related document Shortened Redemption.Grantor hereby agrees that,in the ever,of foreclosure of this Mortgage. Deem erfmaNsnay.Trre pnwurear,of Droners lnnaN or r.r,eiani all to cloambe is Lander may,at Lenders sole option,elect to reduce the periw of redemption pursuant to Iowa tnxi'll,ivy msmbsr—Indvofva 4dn the Fmdoll Lob=y cmyeq.or any Sher tarnwrrwn ct Code Sections 628 26,628.27,or 626 28,or any other Iowa Qde Section,to such time as may Gxamerb e>ellerar ek sgwq Nwleµ e.Irr Coln et salt'nWrMw.the mW Plcy of Gliva r, be then applicable and provided by law. o-marornlam 0 a 1s &,for am win of Glwa"secporhi airy asteavrirnl Mr urs mah.1a Miscellaneous Provisions. The followingmiscellaneous revisions are a art of this Mortgage: f dadll".any gym of owayr workout,or the ComrlbrKernonl or a'I own",undo aey P P boolea icy ar howhe,acy taws"w rgaie to ami Governing Law.This Mortgage will be governed by federal law applicable to Lender and,to the Breach of Other Agreement, Any bleach by Grantor under the terms of any Omer agreement extent not preempted by federal law,the laws of the Ste is of Iowa without regard to Its between Grantor and Lender that Is not mmedied within any grace Period provided therein, conflict,of law provisions.This Mortgage hoe been accepted by Lander In the State of town. Including t without limitation any agreement later concerning any indebtedness or other obligation of Choice of Venue. If there k a lawsuit,Grantor agrees upon Lenders request to submit to the Grantor to Lender,whether existing now or later 9 Po Events,ARedm Guammor. of the c fin le,,cum with roe d to an Oaerarli jurisdiction of the courts of Johnson County,State or Iowa a Amy Pre g even pe y of any of the Indebtedness or arty Guarantor dies or becomes incompetent,or revokes or Time Is of the Essence.Time is of the essence in the performance of This Mortgage. dispules the validity of,or liabiliy under,any Guaranty of the Indebtedness Right to Cure.If any default,other than a default in payment,is curable and if Grantor has not Release of all rights of Dower,Homestead end anDisd LiveSham. Each of the o the roe hereby been given a notice of a breach of the same provision of this Mortgage Within me preceding relinquishes all dghl5 of dower,homestead and tltSlnbugve share in and to the Property and twelve(12)months,it may be cured If Grantor,after Lender sends written notice to Grantor waives all rights of exemption as to any of the Properly, If a Grantor is not an owner of the demanding cure of such derault (a)cures the default within one(1)days;or(b) If the cure Properly,that Grantor executes this Mortgage for the sole pur-pose of relinquishing and waiving requires more than one(1)days,Immedletey Initiates steps which Lender deems in Landers such rights sole discretion te be sufficient to cure the default and th-aini commuas and completes all Definitions. The following capitalized words and terms shall heve the following meanings when reasonable and necessary steps sufficient to produce compliance as soon as reasonably Practical used in this Mortgage Unless specifically slated to the contrary,all references to dollar amounts Rights and Remedies on Default Upon the occurrence of an Event of Default end at any erne shall mean amounts in lawful money of the United States of Ameaw Words and terms used in the thereafter,Lander,al Lender's option,may examise any one or more of the following rights and singular shall include the plural,and the plural shall include the singular,as the context mey require remetlles,In atltlillon to any slier rights or remedies provided by law: v.iri oral I.—not crherv.:se donned In this Mortgage shag haw the meanings attributed to such terms in the Uniform Commercial Code: Accelerate Indrimidneu. Lender snag have the right at its option,after giving all required Rakes of default and after passage of say grace period,to declare the entire Indebtedness Borrower. The word"Borrower'means Allen Development L_C and includes all co-slgners and immediately due and payable,Including any prepayment penalty that Grantor would be required co-makers signing the Note and all[heir successors and assigrs. to pay without nonce,except as may be expressly regirtred by applicable law, UCC Remedles.With reaped to all or any pan of the Personal P local Environmental Laws. The words"Environmental Leos"mein any and all state,health of and the rights,and remedies of a Secured �C t�sl�a area fowl statutes,regulations and ordinances relating to the hensive n of human health or the rig parry under the Uniform CWnxrrrslal Code. environment including without limitation the Comprehensive Environmental Response, Judlclyd Foreclosure Lander may oMein a judldol decree mmcfasing Grantees interest in all or Compensation,and Llabllly Act of 1980, as amended,42 US C,Section 9601, al Seq any pad of the Property. ("CERCLA'),the Supedund Amendments and Reauthorization Act of 1906,Pub.L.No.9DAS9 Nonludldd Farecloaure. Lender may exercise the right to nor-judicial forecl—re pursuant to C'SARA"),the Hazardous Materials Transportation Act,49 L.S.C.Section 1801,at seq.,the Iowa Code Sedion 654.16 and Chapter 655A as now enacted or hereafter modified,amended Resource Conservation and Recovery Act,42 U S.C.Section 5901,at seq.,or other applicable or replaced stale or federal laws,rules,or regulations adopted pursuant thereto. Olhar Remedies. Lender shag have all other rights and remedies provided in this Mortgage or Event of Default. The words"Event of Default"mean any of the events of default set forth in the Note or available at law or in equity. this Mortgage In the events of default section of this Mortgage. Sale of the Property.To the extent permitted by applicable law,Grantor hereby waives any and Grantor.The word"Grantor"means Allen Development I.I.C. fi right to have the Properly marshalled. In exercising its rights and remedies,Lender man be free to sell an or any part of the Property together or separately,In one sale or by separate Guarantor. The word"Guarantor"means any guarantor,eerey,or eceommociation party of sales Lender shall be entitled to bid at any public sale on all or any Portion of the Property. any or all of the Indebtedness. Eli of Remedies.El lion by Lender to pursue any remedy shall not exclude pursuit of any Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including other remedy,and an election to make expenditures or k take action to pedorm an obligation without limitation a guaranty of all or pad of the Note of Grantor under this Mortgage,after Grantors failure to perform,man not affect Lenders right to dacleno a default and exerclse its remedies.Nothing under this Mortgage or otherwise shall Improvements. The word "Improvements" means all existing and future improvements, be wnsbued so as to limit or restrict the rights and remedies avaiable to Lender following an buildings, structures, mobile homes affixed on the Real Property, facilities, additions. directly against Grenlw anNw against any otlher Event of Default,or in any way to limit or hoor l the rights and ability eo-makar,guarantor,,our of Lender to proceedery or endorser and/or replacements and other construction on the Real Property. surety to proceed against any other collateral d,redy cur uweecuy secunng the Indebedness, Indebtedness. The word"Indebtedness"means all principal,interest and late fees,and other ARorni Fear;Expenses.If Lander institutes any suit or action to enforce any of the terms of amounts,costs and expenses payable under the Note or Related Documents,together with all this Mortgage,Lender shall be emitted to recover such sum as the court may adjudge renewals of,extensions of,modifications of,consolidations of and subsldulions for the Not.or reasonable as attorneys'(sea at vial and upon any appeal. Whether or not arty court action is Related Documents and any amounts expended or advanced by Lender to discharge Grantors involved,and to the extent not prohibited by law,all reasonable expenses Lender Incurs that in obligations or expenses Incurred by Lender to enforce Grantors obligations under this Lenders opinion are necessary at any time for the protection of its Interest or the enforcement Mortgage,together with Interest on such amounts as provided In this Mortgage. Specifically, of its rights eha ll became a pad of the Indebtedness payable on demand and shall bear interest without limitation.Indebtedness includes the future advances set forth In the Future Advances at the Note to train the date of the expendaum until repaid Expenses overed by this provisionof this Mortgage,together with all interest thereon. paragraph include,without Ilmeallon,however subject to y limits der applicable law. Lenders ahomays'fees and Lenders legal expenses,whether or not there is a lawsuit, Lender.The Word"Lender'means HIIIs Bank and Trust Compeny,its successors and assigns Including attorneys'fees and-fumes far hankmplcy proceedings(Muffing eenn,In mndiy Mortgage.The word"Mortgage"means this Mortgage between Grantor and Lender. Note. The word"Note"means the Wi fnrisory note dated October 14,2022.In the original principal amount of 5412,250.00 Itpgl f3[atihir to Lwahir.07ya1iffer%*it renewals of, Exhibit 36 to Petition Exhibit 36 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE Loan No:t_2323 (Continued) Page 8 r`•— PROMISSORY NOTE ezlenslons of,modifications of,refinancings of,consolidations of,and subslilulions for the Lill- le WWr eA+W eewlN Odic« promissory note or agreement.The maturity dale of[his Mortgage is October 14.2047. t]vv Ov.vtl 1v-14.2022 07 M75 la+en s22v JMeld4 Personal Property. The words"Personal Property'mean all equipment,fixtures,and other v T ^•°o'^ea*1 ^'w[.!r8�a`°',•„'^'e�„ar'a wa-'°%i,�,','„!.;Mj P1"1ii°aid�"' articles of personal property now or hereafter owned by Gmnlor,and now or hereafter attached 9orrv.yacrymhn oneNNneauc Lendde: xuh e.nt 1N Tma comwnY or affixed to the Real Property;together with all accessions, parts, and additions lo,all eo eoa U74 somhoLin replacements of,and all substitutions for,any of such property;and together with all proceeds bw Liry,IA 623U 13 1 ILIn SIneL W Bc.1ee (Including without limitation all insurance proceeds and refunds of premiums)from any sale or Ipoo)u6sy]s other disposition of the Property. Property.The word"Property"means collectively the Real Property and the Personal Property. Principal Amount:$3119,300.01) Date of Note:October 14,2022 gm.pell«uc r-iwiw.e9 rrw+..nR1r w w!Y•n w Tine e.,,p.,.y ft•rsrh.r••prv,w w+••.n Real Property. The words"Real Property'mean the real property,interests and rights,as wwvrdN.wyrn H+.•w.+e*.M.ew.r..rr*+...+..w.E�LYY.w^.,.w/w x..aw Levlavnwn Was.svv�ol further described in this Mortgage. ��BiniutcuuM nolrtYif'rl0o=w +�prl�.. pww per••+.M+ra 1.•4 an xwsrr•Jv aS. >,wl.aerurq]an o, 1I/ NaINTERsebpM DEFAULr-aap.lu._.r.v y..e.rr«rF grave•.Txa abmlrw r.y araep._..Ir w.wLrrlwaa Related Documents- The words"Related Documents"mean all promissory notes, credit INTEREST AFTER BErwLr l.cnol. agreements, loan agreements, environmental agreements, guaranties, security agreements, P.yrN'at.III— srl.sM.a:orel"eearl.ral..a�an..d pw III nw.nrrw awrl..+vr 11114.3, •�+• mortgages,deeds of trust,security deeds,collateral 1re"Ages,and all other instruments, evala.rr rruf r.erreY W.IR f..•wYnee..st.r.oY[I•.new�r.Lwurrw�•••w,rr rY.•ea_wrw•nsw agreements and documents,whether now or hereafter acrid q,executed in connection with the L.w�.LLwril,ye'�'0'aJ4,.aLiy.ew•.rrawr Indebtedness MA]LNB.IxTEF.rT MTE Bw . .—w le—N.rcb on nrme(e+u-pl for am nel:er delauX r.r ennm LNwy Ina Ns..r a le twrA oea�rwn.r�w��am�:e.nowee er.PDXwelw.iworo Rents. The word"Rents"means all present and future rents,revenues, income,issues, IRTEREST cALcuunoN METHBo.Imereal on NI.Note h o—Rd on.]snap b..h:ran l.,ur.pohmg the ruo or w mhml r.r royalties,profits,and other benefits derived from the Property. r 1 I—el aeo III ,mem.bld Ey 1n.emonalnp mr,lwl LNnc.,,m,n,peld ny me II-1—N,a a.r.m.wlntl«I.1— la 4,. r nr"a II•-19..eaxr A•OrL b rMer aebn nor Mvera l.Yaa.a•"_+Ire a«.w.i r e.lnrel +N.L s��W nwr W Ira [r�PI M n GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND �osrr+ssx,..r mpy a.+eLwllw.arrwr.w.enpev.+wn...e.a..r e.,r.w[.r r•YXr.•ar rruL er+LL+vw GRANTOR AGREES TO ITS TERMS. e.r ' nu wpm e � � p - •Ymy��a r.r+I... -vew� .. ...r.,..el Y..�.we..•wa.L,r,•...�r. .r•e<rYe.I.w.y^,yiysr r..r•.er r•eA.ru.+.+1^l.��•vie.w+.wrr my wrp e•IA+w..ro+r+arw ww,.r 1. we. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL . tLw.+ � rrnXreAw!rr� .o+etl w+ar OTHER DOCUMENTS RELATING TO THIS DEBT. Rlduuam r.,e,.r.raaer r.+.wL..a.r:o.L rrw«.e+ap a•vlp.rw r Fa e.r w tnaa.rv.n.Alm:Rr.01pl-,all M.In 6tmL PO 4.yr r.es,Y 1T]]!-0rL0. GRANTOR: =HA ROE.I! mea e pii .oo dery cr more um Bowo«er,ll L marled..noon of m.1nwld pe..a m.rewlaey.en.aw.e REST AFTER ply ALLEN DEVELOPMENT LLC 1ielo—Der A—,E baeedT.wuponllal36o"w n'xaa.erom,-iwin met olrtyre'.i�.e.•u.e kmt.b e�Irnt biro orx eo undcrapppcabblaw fl� OEF PaLTrmnI D. ILe eortww�I.Jsmmaee anyn event of ell—l4rer,l of DeH„RluMer lra Note By ll y y o.ymenl xnen W1 uN.W Role Jesse Member c Allen Oevelopment LLC 1Xa aonowrc.o1u Io rAmc7 wm w m pencrm enr olLr tram oespalwn.Twe,xm w renown mmev.N m ma Nae w m arty o/roe rt4 tee dowmenh ar m rompty wiN or Io pedwm ivy term,oo.peevn,wwwN wwraa,on wnnlneC In any p;Lr lareemenl en l.ndw.N awrWbr ea1.N.InNr Tti M�.e-a•1•YCJ✓•ae'IL•eY'w'+••sc•'���eelon.bn NowrL.aaaq Ml.ment w�pse w LIMITED LIABILITY COMPANY ACKNOWLEDGMENTx�'vK.'J4"'.'d."N•>°Ta.r••"'.'1�"'°' m,Ymw.wewdeer•o.arapmwrnw wan..rear«b.w.rwm,en.bbL311sk1 w.r:,.mrtor eraIrIt r flt«.r,.na F^f w.r.••Y,rretwvw a LrJm+.n ron ra rvr ynra w=w ay M^rrvve WrweL tsxM u.va. wearsaa,c•v cbw wtrnw.ae4r11r.1rsry,p Ilemrnr[t1WYy..7•awlY tn.frrva w.srxnx ean"wv.nrr.rw T w awgdnrrK+.NyJM ps Y..HYYVrar•KMY�•••«e•. ^H•m/.amrY ^•sl OYay rw1.W. STATE OF nelesru.lM•10. } rv'•«f+qm.ryr-ar•r�ro.a..►w.e•aatc.l-.r..o.er..nva awnrwrvaaww r.vmr a.ar r.L 1r.Tr.auw r e es ew f+re nrr a+uw R.•<e^n ce.a .r . m..br.pnd a«nn. vT�11 }sg wrrre rrr�e'Law lna..1..• eve-Ole.vaolaaa^raa pyap M•.urhas.+4ar w.•e.e,A...aa Eira In.l.r1. COUNTV OF Jek/`•�•" } „ enrementoiemlk-aeaura unmr ropy E—etch,. E.—la eorj or ei—,l rlsw GCHrrnvr:A-.1 epe,ml Bwmwr f:v.efr r FurO,w.ryp.wy.Pr,Cas.nerY,«•ru N NY:Csw a kvtnaee YCwlupA.maw-1r 4.+'be Pr[9s.ey.s.1rNa, I W lrwa.ry rrr•.+earva A«r nee-ur dsere.a r R y1 sKa'es•m+'Ne^Y•Hsu�tAetaaa,elvvtl hhww acknowledged before me an_ n-txA11 - ama.we, This record was N+•eeaL res vs.wa•L•eela raa. [•.e er o.�`xw� ill -20 art by JeueJ arrrl r.•r..P,-.*.re.u.+er wa+n ra r...rrn r+..urrrr.n wlr n�•,w.a.e•:�va.u.+.oasa•w e•tw wsz.a4yls r4+lwry v+1aL.ar..e«a xxa r sw wow«r„t.L.•,owe..+•a.,yesa.l..ax Iw.r.1-,eye. Allan,Member of Allen Development LLC. �.lyrcs.e••+•u•4 n.e wxrf.r.nn or Lave.+e n..«necel4n.L o-.,p«eaeRl.m n:An.�=Am elecpwn or—l—1 1.leNol 111—In.cw.yu.1N ram ea.wwn w"uamem.Rw«I per. ^�M a.cnwwd or•v wu,.N I.)day.nhn,the-1, ~s • _ Na � PBAI Notary tle In ndf Ns 8LN e1Ta wnnop dawmmnw«rMwbkrcemaken .s CNetm —.1 .dapkd m1Y L made al he cameml.�rh rant N1111-1 w i 1—d use of Ne C.IIErcL 1,ry - .F My eommisslon ezplree A 7.5"y17� •a.w<n,edm Ne ahNa dowmenh,o�la bew..owan Dina annn,p orercan:eorrep„la,.,r,wl>.eao rn..... ee..... . p1M1up aM•r OtMr iron Oxum.nN.A delauX arwn uNer any oWr monappo,dead of truer or sewMY bp�eemenl wwmq ea w arty penbn el Ne caUlerlt ludpmenL BMea.dpueuh mverod by Inuvnnu In the opuwn of lnNer,N enny 11 a I..,Ilaemenl for Vw wyrwnl a money ;e Nen Nn mnuwnd d11en(61p Opp pp)apo,n.l Borm,umr end Ne,enure by B.mmwer b waNarpe Inv same o w e 11 L o-.rra,gN or IIOMN o11 m LeNefa m„ereedon,whin N1rty Ipp)Lye pom roe dale a Xn orear,ee:,ee w prviceu uMef whM w punwnl to wmzn oucn nmamenl was anbrea ENnR,ARlcenp Ownnlor.Any of lie preudmg avails arW n wrlh rciwal Io any Gwmn:w,or cry dart pwnnlo,eMweea,surely. ommmdllan perry bl env of bn mLCmG.w.or any Gwonlor,w env aNer puuanmr,eNo—wmly,o un wny desrw bezme Incam EIL w revoke.w eupu,eI pu k—Y-1,cr Iu-F uMe r,-Y guarenh of e,e npeolodr.ls ev loN by.hie LaserPro,Ver.22.1,0,044 Copr.Finaslra USA Corporation 1997.2022. All Rights Reserved •IA Nme C:ILASERPROWARLANDICFIILPLIG03.FC TR-121674 PR42 Aar.rc.cmryl A mellnel.N.vw Nettle occwa"6ormwefs Xn.r,cW taro 1 dn,dr Lendr r`wws Ne pmLwd el wYmenl or wdarmrrre of Nu Nate u mpoaeA Curt PmhbL.II any delauX beer man r eefeuY 1n payment..wraae ad d 91,rwer lua na Even liven r,pl.v ol.pn1N or Urc meemr�ve a If]I me m•Y L 1m b over Oem.Nry taros.Iw delauvl Itlu eemupwvr,m die 111 e.yslo•(2)we Lne wmlrcpuv«mom Nanmo«Ifl d.Ys, e:ey In.11ee xeM wMCI ii,li p,R m I L Ee lob d.vnon Ie L eumuem to cum me Lreua erb Ihe,eolkr cpnlmre and e and recovery elepsfWficantbp,pduce wmpWrue as soN lsmronabty Wacucal LE.Slis F-le. xpcn del,full,Lender"decbm-r.n.•eW f^baa Liax1 Mtl M LLY yne La.er+..J 46.0 YCa.B .T,meCultlydue IN men Be,—,I,,pay WI u rL A"IMIMxi r[[a 6T+a'rYL j~mar A.«e+e r r.s.sea r wr li aPr rm a ernes.,"I All M.evrl—rw P.r Exhibit 36 to Petition Exhibit 37 to Petition . I � E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT - E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT r PROMISSORY NOTE Loan No:F�_'2026 (Continued) Page 2 i�'>'t '—'.'•1 a E tererasa e'FV1 fa.e .fuliPbe'sb.a..q.ryyapee y...Mype.rlprysf•Ra.wineera`Eu n-rvx KwTw+ c r.,1 .. Rxprded:20/17/2023 at 11:18:110 AM ee rare a•p eamWenvi•-eAjd Yam"��+�•^�.Waa•-'r+�uaa+•!u+r.,e NwSwr.'b Nt,IW ea.�ex•r a�eirw Ce-1,Reeording Fes:a12.00 sepses ye. WCK I.—E-Flling Fee:$1. GGwENNWD LAW.tale Nob NN M povnnatl M NNnI bw epplkaeb ro LeOGr eM,n0 N eebntnd pmaread W bent bw,UN Iowa d - f ambinad Fse:$3S.O0 Y.d Iowa wHM1wA npntl b asconMcb d lee prpeW Con.Tab NW he Don wupW or Landx in Ne ebb dIowa. - Rawenue Tex: Kim Painter RECORDER Else of Iews UE In bare ie a ldwauE,Borrower so—a-leMeh wgaee b went na she luriminen of aw wurla al bnnwn Openly. - Johnson County,Iowa P14NeaFYEOPP,TeR seaxecm.}y eppraw yw,trep meaeaeeya Maelasn Mae+raeeraapualaaw'aa lwsaw t/wMw y .• eYaeO•n3.saeaL'a eM1sap_�aCh Y tM1svmaai wyvp parw.r lees pwr win µgay Wa pa UeeLp,ear pyeaya na) W ere.We•a.�la'A••'.v.W.aWL.++IW NIa }IeelAl ltmi Rr ylwleab.eAxpwWbd Jr a ewA rmfes,w at Lantana epos bpabrexewrye�anY lad,AnawewM Law4m leek LaaHwh anaR diWe serial vswa,anwonr0'>K to— L Som—wanowbessa aaa Nab b as 0 by Real EIMH Me,lgapa d1W Iscl o22 an,1n1151 Sbn,Erase Sees,Pan 1a(11H nq.Dme,IowaCie,IA saxse)AU-4.GwnnY deed NI1R01e d I—J.Alen. I�EVCMM,1Aa kale ew"rMaalkgaa rr efoe-•tree rb'bl aewMNFeanoN4awe+,her[nit M+wMna[aMw,a FDA AMPOER•S M ONLY b avayr ban a4Npa.Nxww taco a bsM try M rerpwrr arq K weal M Malre.r r n Pre•wa n Py FafslalM N v+nlwe a eaeeca r enemeF aF►a[arw r nec+ew as if swF w x x weal x lerwe eJry ne✓,ywF tn. Prepared By:Jeff Aunan,HIIH Bank antl Trust Company,131 Mein Sheol,PO Bax 100,Hills,U. News)PouN rYaeyn w aaaAfsYe y�W aAerrMs are aaaesr4s Fa!ra 6wrevar,al[er'esry aaNaaL sna.eu Rlw.wxelnRnYxraar+M u0.aedrraara p erase,<y tenor WBarM seal, 62235,(800)445-6725w It.wNw sell, HpabMPsewy lM O+r'saLrw Ysayyves /. er MY ae'rlwwNbslN 0.wAfxasLy pate.ExaraxlE�asr�A0.rix ADDRESS TAX STATEMENT: arwa Wgau* aaasekpre M pi�w+q grate r lA*A�v.eLup q'Tas4r a psxnrs Is,U �p rp W,aai Tpa� p Allen Development LLC,PO Box 3474,Iowa City,IA 52244 OF+w x+•1 p aY bxl N a'q Ma M ee eeveersJ 4a erenawee�F ti Ira se is,lerawb wlN NCsua ee4eeq ae,1 riro,yaaefaAe PURFOEE OF LOAN Tea awrJac purypae el Inia ban b Cwa Wabn of spec lame al 1n1161 Store Oridae Eablw Pen 10 PECORDATION REOUESTEO BY; fIHANCUL,TATFJtEHTS.Bomxar aprex m poMle lender WN cold ruwdal abemenu and esker Nlauetl trlbrmson el cow hwurrUea Hills Bank and Trust Cam South Gilbert,131 Main Strae PO Box 180.Hills,A 62235 weaaarn,ban t.na.rmy r.e.pnxlr rwwat. pant, 4 I NCITICE.IAN`DRTANT:READ BEFORE 91ONWD THE TURKI OF TIfB LOAN AGMEl lHT 51 OR of FZAO �C�RARpRpFj1111LLY ggECWp6Mg D QY 11WSC TERMS la 1A'RfsiNR A1iMEl}E�YHFOItGEA9LE.f/0 QrN Tg{�R{I9 Oft CP/L WHEN RECORDED MAIL TO: WY LSHAND it E 7ER OFITH L Are AD" ORLYYl9y llJgpTMEF WRiTTAER RARE Af �RupWER Halle Bank and Trust Company,Attn:Construction Dept,131 Main Street,Hills,IA 62235 aUCCES6DR lurrea .. The ba-or eye Nob a-w alneop upon 9ormwan and upon Se--ease Coe 1 Rpraeenbwaa, — weaHeq antlariaere lowe benxMof Lander Na as, wecaewn eM eg43x. stof"ua 0 Feacew,TE fae0!aalsiaOM WE FtyeT TO CONIBN[P RI1pRNi0 AO[a[+[i aell.,wn war^pnY tense a 1,Hx, rr al. _e aaswe nor beast-ale..a�wM.t er v...aw.�d eaaw•. MORTGAGE r�,s is weal es,,✓rues s SOOK L.alMr R yn atisly aaeeee rue saw eh TY.n[taxis Aava tw Sneei Colt 10l a- STM sO Lne TO N1R NL StJ]SDlap NOTICE:This Mortgage ncures credit In the amount of S46B,DDD.DD.Loans and aMancea up to this CNAYOESTOIsumwLawilpA Faraxkuu ecweeb rornra trbnAd,la•awreev l,tiasb'w+tt wwwreasp UutlM1we pmlaatlamount.Weather will,Int,msl,are senior to xldebtednass to other creditors under subsequently H,Ib xx ese inw Cewanea__we op W nee w.aNgn NIIHSM W MlwaeNa Fe.nnwtewM awv.laL IlunMracNowbape ecordod ar(Had morlgagaa end Iran.taut N N>pl Nepwl re sbpa tear aeN eM true Cary r dry—ifea as be ete neon srf,re r Epbela etlgwlKpK0.u"_0a,a Hw ra•+p ee s,Mns.ne IW.na ea aappe at qaa pr as Hry rna•coal soar ee;.aa Ift f 10111 The twines trite-^s><r of ale l�y�ayrpwt¢n Mr,ale Nrat.,aay„y ba.q Cow,.pew.wsaxa opw pr•aw lne eye p,.srwrlasw e•ie'fa Of a:l Grae,lMf gaYla:ral-LRrvA ayn hwY on 1 Of FfJI I Y1 x cape k*11 iga.The p0l:wsy address • Nyweeba lMvwsfyxwteneeentwn puapu>a eerrr•wL aM rAeaarde+r-x 6px vy µyge nyy Prrrvaw rr.aa Cow y L>As—O.""""' v a"'has eau e..Nax.l..ne,a.rape..-Sassy. Con pE is.'n pi tam i Of ihia M IPWamaR-, TF bptl asta.,ar In r this !s faM On 110"ea 1 0l Ih13 a+r.V�r a coterie A tepees. y p eFeu mr urtraaa,nvwraW l�ppeele¢f aN ev u.r' wF'w+i she IRa'rpaGa.T!w pettM leer agvr.larraar Can➢e Nulo'an r-pga 1 of Ihls Morlgage- e•yWye•duswlawrdaauKrnl.err rM l6 rxM mapefdrgtw'wwY eee+'Ar eatenw wa1Na an�Y a�w ewmYenrte�eal ne tarrw=,ar oewen er e•reese bayw Aa Fwarsv aaw,+r reaer.rarrsary THIS MORTGAGE doled October 14,2022,Is alado and eseeuled between Allen Dayelopmenl LLC rn p,ra.•d raw<v ' `a wren rti•vu•w aw„w.nem Coe emYra-'anN near Ty obpebm erwsealarea (referred to below es"Grantor)and Mrs Bank and Trust Company,whose address la 131 Main Street, PaION TD eIGNINp THIS NOTE,90RROWER READ ANp UNpERSTOOD ALL THE PRON6WNs OF THIS NOTE BORROWER AGREES TO THE PO GOY 160,Halle,IA 62235(rersmd to below es"Lender). .H.OF THE ROTE GRANT OF MORTGAGE. For valuable eonsldercllon,Grantor mortgagee and conveys to Lender and BORROWER ACKNO M-EDOES RECENT OF A COMPLETED COPY OF THIS PROMIssORY NOTE AND ALL OTHER DOCUMENTS REUIING TO grams to Lander a security Interest in all of Gras oes night,tltla,and Interest In and to the folhownho THF4 DEBT. described all property,together whin all existing or subsoquently erected or affixed buildings, apaAONFN� Nnprovamant,and Peters%reins end prenre;al aaeemenla,rights Of way,end appurtenances;all water,Waler rights,watercourses and Bich rigid,(Including stock In ullllies with dilch or Irrigation rights);and all other rights,royalties,and proits staling to In,real pnepeny,Including without Aye WKLOasaYT ut Umilebon es nunerala,all,gas,geolhe Rrtal antl slreebr mailers,Ilhe"Real Property')loafed In Johnwn County,State of Iowa: Aa- Lot 161,Slone Bridge Enw as-Part Ten,Iowa Clty,Iowa,according WIN plat lhemaf recorded In `e Book 63,Page 11,Plat Records of Johnson County,Iowa. The Real Properly or Ha sddnaa le commonly knC;w a 47 Hunlington Drive,Iowa City,IA 52245. �^ _•�W^win ��_,M.^�Y••-• ^- _ _ Thp Re01 Property par al ldenlllbel1 n number HlB07418004. FUTURE ADVANCES. In addls,n Io Iha Note,:his Marigepe secure,all future advances made by Larder to Ga,=R W hssr u not aloe aWeylxs are natla pursuant to a commitment. Specifically, wllhoul Ilmllsilo,,this Mortgage,ocures,In adcUlon In the amounts specified ki the Not,,all future amounts Lender In Its citsmilon may loan to Granor,logeiher with all Interest Iherson;however,In has shell sucht future sdvence,(exduding Inerest)exceed In the aggregate 5458,000 00. THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN T3 SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (5) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE 19 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE.Except as otlH wlee provided in this Mortgage,Grantor shall pay to Lender all amounts secured by Nis Modgage ai they become due and shag sUiciy perform all of Grantor's oVlgatlore under this Mortgage Exhibit 37 to Petition Exhibit 38 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT _ MORTGAGE MORTGAGE Loan No: 2325 (Continued) Page 3 Loan No: Z325 (Continued) Page a deliver to Leader certificates of coverage from each insurer containing a stipulation that coverage repay the Intlebledness or Grantor's abdlty to perform Grantor's oblgations under this Mortgage will not be cancelled or diminished without a minimum of ten(10)days'prior written notice to or any related document LWWV aria RW NnRallrsg spa'dswaner at the In[reera hataxt1y tar feMe la 1"bairn nGFCd Death a IeaWrelmf.sM Iygagdm pinaarvri tlegaJesa i#rfeallnef vlecaiw La Weibrrue a F.etn NWINta IaoaL'Y eha,Lee Muds fin eMolaCrMsR prosd4xj ptrt wrtape w reap.of Lelrsee maps)fey nifirl wvlut,&_from she!wired LIil as asvy der Isrerrrwihm of e n naL be eFpfd.d a Al really by am epL anl4kta W pef ivo of Garner Or by adder tafra r gym' Sherry tlab R40 b4eperty be lecareo N as was prergnafed by Cw Adhirefe yatax of 0%Fr3eyl CYpNors fthelexhi�o 0.at gang erruteN air rani a fly carry,trr.ale Waypny the Geee;oe Bn>ogrrrry tileryprnaerA Altai of•eps:Y kl qt hi seg 0—Gi enbee Woes to Coy!^and of me respeAprocrnmene pt a Of cra[10.'Lay pert al(rrpnpre 00"ityr.lary Wife)been!lu 1sa benNy m3 In Wed arewariee If ova tri ipl ear dire Will unpsd wvacipel baFixr of fhe pn arm six," battWwfa sole hi M?e of endaae or against ran GPmrMAOHNei1 pl eery INaCwdW unaN aeY mat on"properl securing did,lefty•a➢to the calfaierlym pally INei but under the Wished bankruptcy or Insolvency laws by or against Grantor. Flan)Iasevence,Pf[✓yfNh,or at HNera.lea teawred!f Lei AM to mtirWln such insurerl for Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement pw ytm of like fresh Flood uapunar Iwf be purGbwll urdef Ink ee~al Flood IaataarKo between Grantor and Lender that is not remedied within any grace period provided therein. Program,from prwale Insurers providing'private Road Insurance"as defined by applicable federal including without hmdallon any agreement concerning any indebtedness or other obligation of Rood Insurance statutes and regulabons,or from another flood Insurance provide!that Is both Grantor to Lender,whether existing now or later ccepleble to Lender in Its soe discretion and permitted by applicable federal flood insurance Event,Affecting 0...anlor.Any f the eccdin occurs la with des I to any Guenlor statutes and regulallons of any of the lambledness or any Guarantor dies or becomes incompetent or revokes rerevokes or L"hW6[yrPendyuryL If a•q,amen or procall 4 odmmenaeJ maa awuld nlAtorJ'+1 aril disputes the validity of,or hebildy under,any Guaranty of the Indebtedness loldaara Wei.v Vry Properly rw d GrareN We to LoalyN War any praNemn L11"WAOI a or time lttfasea penimbri Ikgrumg loin rot tildes Io OntMoer.Is,yte tp elatlnrya v pry'atnn 4ca been gi Cure_II eey f a bra khivf men a met Wi h pa,of fir N Mortgage ape do the p ece I1tg ume Uta.031•mu'ra i 0 ass Is"tries.r MK*W-V Ili been given a notice of a breach or the same oroArarl Lender,vfa Mortgage within the preceding airy aria e+'9e x 9% bras twelve rooms,rt may be c(a) des the,after writsends ways; nonce m Grantor Dpeor ilea,LeMer rn Gefralya tlenlle mar and pAr rw:q pO W i spu IavY aey anion require, quire,demanding cure of such(1)day (a)cures the default tees one(1)days;be(b) d the cure Laa;.e'isperna ePPfaprm oft LY Pr(rppry anti peyuq st palls for iawdfy,mapnyjelirq sell than one 1 days.Immediately Inhales rite hick Lender aeema In Lenders pineay.V Ina P:f4ea9' Aft warn r terra was Thou nil m pee lay Lars,lee such Paillal.v.Il ra a ides more () tea, sty steps w than se•ktk:eel of/n rate dlWga7 warder the pole ftom Pip it*repliiued W press be liege!Io bast� e.joldiscre an to ec sufficient to to cure me default and Ihcompli r comas s and completesreason all pie 6ak of npayatem by Capitol Fail each evpahrae vile Lemma a pen IN flap kypepaa eld". Practical- at and necessary steps sufficient to produce compliance as soon s reasonably el Lenders option.will (1) be payable on demand: (2)be added to the balance of the Note and predlwl. be apportioned among ,it be payable with any installment payments to become due during enter Rights and Remedios on Del-fit. Upon the occurrence of an Event of Default and at any time (a)the lerm of any applicable Insurance policy;or(b) the remaining term of me Note;or(3) be thereafter,Lender,at Lenders option,may exefuse any one or more of the following rights and treated es a batbon payment whits will be clue end payable at the Note's maturity. remedies,in addition to any other rights or remedies provided by law: Warranty;parents of Title, The following provisions reining to ownerehip of lne Property are a Accelerate Indebtedness. Lender shun have the right at its option,after gwing all recurred pan of this Mortgage'. no Ices of default antl after passage of any grace period,to aeclare the enure Indebtedness Title. Grantor warrants that: a Grantor holtls good and marketable!lira of record to the Immediately due and payable,including any prepayment penalty that Grantor would be required (1 g to pay without notice,except as may be expressly required by applicable law Property m lee simple,Iree and clear of all liens and encudribrenrec other than those set forth in the Real Property description or in any ride Insurance policy,fire report,or final bile opinion UCC Remedies. With respect to all or any part of the Personal Property.Lender shell have all issued In laver of,and accepted by,Lender In connedron with this Mortgage, (b)Grantor has the rights and remedies of a secured party under the Uniform Commercial Code the full right.power,and authority to execute end deliver this Mortgage to Lender,and I.)the Judlcl,l Fomcleaure Lender may obtain a Indicul donee Weclexing Grantor,inleresr In all or liens grmued hereby tyre net the type of lien r,rerw to In Chapter 575 of the Iowa Code any pars of the Property Supplement,as now evaded or hereafter modified,amended or replaced- Grantor,for itself Non udlclal Foreclosure. Lender may the ri lit to non- Oiclal foreclosure 1 to and ell persons dolma by,through or under Grantor,agrees that it claims no lien or right to I y exercise g ju pursuant lien of the type conlemplated by Chapter 575 of any other chapter of the Code of Iowa and Iowa Code Seclion 654 1 B and Chapter 655A as now enacted or hereafter modified,amended further waives all noiites and lights pursuant to said low with respect to the liens hereby or replaced granted-and represents and warrants that II is the sole Perry entitled to do s,and agrees to Other Rsmsdlec. Lender shall have ell other rights and remedies provided in this Mortgage or Indemnify,defend,and hold harmless Lender from any loss,damage,and rusts,including Ina Sake,W eva'dUW or lgsra n Wuisy smmb le attorneys'fees,threatened or suffered by Lender arising either directly or indirectly as a rerun of any Claim of the applicability of said law to the lens hereby granted Sale of the Property.To the aMen[permitted by applicable law,Grantor hereby waives any and Defense of Title. Subject to me exception m the paragraph above,Grantor wartanla and writ! all right to have the Property marshalled. In exercising its rights and remedies,Lender shall be lec P D graP free to sell all or any part of the Property together of separately,m—able W by Whai i forever defend the line to the Property against the lawful claims of all persons sales Lender shall be enldled to bid at any public sale on all or any portion of the Property Full Pedarmence. If Greater pays all the Indebtedness,including without limitation all future Election of Remedies.Election by Lender to pursue any remedy shall not exclude Wrsuit of any advances,when due,and otherwise performs all the obligations Imposed upon Grantor under this other remedy.and an election to make expenditures or to take action to perform an obligation Mortgage,Lender shall execute and deliver to Grantor a suitable sarafadion of Nis Mortgage and of Grantor under lh!s Mortgage,after Grantor's failure to perform,shall not affect Lenders right suitable stat-ril,of termination of any financing slelamant on Rla evidencing Lenders mount, to declare a default and e,erns,is remedies,Nothing under this Mortgage of p11mmu a shall interest in the Rena and the Person,!Property- Grantor will pay,If permitted by applicable law, be construed so as to limit or restrict the rights and remedies available to Lender(allowing an any reasonable temrinalion fee as determined by Lender from bane to time Event of Default or in any way to limit or restrict the rights and ability of Lender to proceed Event'of Default. Each of the following,at Lenders option,shall constitute an Event of Default Or city agamsl Grantor anther against any other co-r-ker,guarantor,surely or Ontario,and)., WZI Lis Idengaga le M1 against arty all collateral direcly or indirectly securing the Indebtedness. Payment DefaulL Grantor fails to make any payment when due under the Indebtedness Attorneys'Fee,;Expenses,II Lender institutes any suit of action to enforce any of the terms of this Mortgage,Lender shall be entitled te recover such sum as the court may ediutlg, (Weua an GO-M1pmm1L FixaAe at Geardor Wtreri me bme required by this Mortgage 10 soname es eftorri fees al trial and upon any appeal Nmelher or nor any tour,action is make eery perieni far Well of"itenca,W"*tW payment necessary to prevent filing of Involved,and to me extent not prohibited by law,all reasonable expenses Lender I—that in or to afford aetlllrya of any lien Lenders opinion are necessary at any brine for the protection of its interest or the enforcement Other Default Grantor fails to comply with any other lean,obligation,coven of condition of its rights shall become a pan of the Indebtedness payable on demand and that bear Interest conlal covenant of in this Mortgage or In any of the Related Documents al the Nola rate from the dale of the expenditure until repaid. Expenses covered by this paragraph mciude,without limitation,however subject to any limits under apprwble law, Default In Favor of Third Parries. Should Grantor default under any loan,extension of credit, Lenders attorneys'fees and Lenders legal expenses,whether o not there is a lawsuit, cooly agreement,purchase or sales agreement,of any Other agreement,In favor of any other including attorneys'lees and expenses for bankruptcy proceetlings(including,Hods to mmlity ttedimr or perauu Ih,I pray irwln,u!ly afrect any of Grantors propeny or Gremors ability to Exhibit 38 to Petition Exhibit 38 to Petition t + I I E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JO-iNSON-CLERK OF DISTRICT COURT MORTGAGE Loan No: 325 (Conllnued( Page t ` ;POl AND MAINTENANCE OF THE PROPERTY.Gial a's'eei Nat Gr"Wo eandeY.on anal i li+af on.pmo lY"b1 v--d tay pia fonarvmg LIavKAns' Ncno al tra pNasafal far the Indebtedness consbtutes,and none of me funds represented by the Indebtedness will be used to + - purchase; (1) Agricultural products or property used for an agnuhural purpose as defined In Iowa Code Sachem 53513; (2)Agricultural lend we defined In Iowa Code Section 9111(2)or 1752(If;Or (3)Property used bran agricultural purpose as dented In Iowa Cad+Section 570 A.1(2)- Possession and Use. Until the occurrence of an Event of Dal 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 FOR RECORDER'S USE ONLY Duty to Maintain.Grantor shall maintain the Property in mil condition and promptly perform Prepared By:Jeff Armen,Hills Bank and Trust Company,131 Main Street,PO Be,180,Hills,IA all repairs,replacements,and maintenance necessary to preserve as value 62236,(800)446-6725 Hazardous Substances. Grantor represents end warrants that the Property never has been,and viuwill be se Long as this Mortgage remain,is Ian on the Iroporty,used for the genoregain. ADDRESS TAX STATEMENT: manufacture, storage. Oeameml. disposal, release or threaened release of any Hazardous Allen Development LLC,PO Box 3474.Iowa City,IA 52244 Substance in violation of any Envuanmental Laws, Grantor aethorlzes Lender and Its agents to enter upon the Properly to make such Inspections and testa as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage Grantor hereby (1) RECORDATION REQUESTED BY: releases and waives any future claims against Lender for indemnity or contribution in the event Hills Bank and Trust Company,South Gilbert,131 Main Street,PG Box 160.Hills,IA 52235 Grantor becomes bable for cleanup or other casts under any such laws,and (2) agrees to indemnify,defend,and hold hamdess Lender agamsl any and aIF claims and losses resulting from a WHEN RECORDED MAIL TO: breach of N graph is para of the Mortgage This obligation to indemnity and defend shall survwe the payment of the Indebtedness end the satisfaction of this Mortgage Hill,Bank and Trost Company,Attn:Conalmellon Dept.,131 Main Street,Hills,IA 52235 CONSTRUCTION LOAN. The Improvements shall be completed no IBler than the maturity data of the — - Note(or such earlier date as Lender may reasonably eslabluth)and G—lor shall pay In full all coats and expenses In connection with the work Lender will disburse bar proceeds under such terms and MORTGAGE conditions as Lender may deem reasonably necessary to insure that the Interest created by this Mortgage shall have priority over,all possible Items,including those of malenal suppfiers and workmen NOTICE:This Mortgage secures credit In the amount of$458,000.00.Loan,and advances up to mis Lender may require,among other things,that disbursement requass air supported by recetpled bAls, aunt,together with Internal,are senior to Indebledness to other creditors under subsequently expense affidavits,waivers of liens,construction progress reports,and such other doCumentallon as recorded or Died mortgages and liras. Lender may reamnably request Tur M.r"of 61 Ofan'ale(scmagmq_10r4nf4rl Can 00 fail On Page 1 of this Ile rlgage T7re names DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's o75on,declare immediately due and W r10—sea IFolil-LoIl can ae kwra on pager all Ins Mortgage. Toe Noperty address Payable all sums secured by this Mortgage upon the sale or nern-ar,without Lenders pnor wrlflen nn Lot bound da aag4 1*1 1"MWIF90- Tha k2ot pssu psm,can be bWtl err page 1 of this CO'eki l of all or any Pant el the Real proaperal,Or any rrfemsl n tn1 Rol Popol A'sore or Lror:pa0e.The pa.mn,dive ic.ben nl.xr/tram tie foryld ca pp.1 v1 oils Mortgage transl4e'means the him ly,ee of Real PlapHry of any rl 0tle or Ksimenst in the Rpr property; auua" n Legal,banefioal or aJ.,eble,whe[ryt rrpWy varn y W walaY,whereat cry—ingal uy,etl, THIS MORI[GA04 delta Ccloaer 14.2022-le made ana Vaculed between Allen Development LLC installment sale contract,land contract,contract for deed,teasel interest with a term greater than Irdarrw W eeraer•e^canto l acid Hills Clank and Truer Company,whose address is 131 Main Street, three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial Interest In or PO Be.15p,}gala,IA SS2351rorernd to hale.as'Llndsn. Lb amp fo 7hil t hol•q ISM to Ys fit l Frcamy.w by any Oteer roatlrrd Of eon idyl y of an matey ORNlr OF MORTGAGE For vam+bll totaafdovetlen.Grams rnc4gil and crawyls to Lamm f and a.L.0 fWk6 ru+6+ue�Gnn[w n•ettperabon,perat,byip l a as—IiAb V ewaautsu imml y final le Leneer a feoa/aY insta l m a1 of Oltarpe(y N,bee,-1,x ✓on nrt9 6 the Mg0<Cldrby Gwlta51,1 g2'41e7af,ig go&N alrarshnei N any Oesenxd I"property,WV+ l b h9 .igta-sr'Ill lino o the;ill" or limit d vasedry co p mom evens,as M case e,of u theraalrty sHow However. this op ion s a shall nassg er mi$in i m 1i a gvp_t UWld:mpad or be limited exerHatilcised company Interests,as the case may be,federal Ci or b. However,this option Shall Wall fin par amp pnwes;rmr[antl 640 c aT rri ma luipnla tigMa 01 vay.aye 1ppm[M im,ge.ad nor be exercised by Lender If such exercise is prohibited by federal laa�or by Iowa IeW. Wp:er,a�lar4naghr5,waYlauamaa and dlwa EpMF{.fniallig Huck In rrkp o rty.rf4Cea a awgree TAXES AND LIENS The followingions relatin to the loxes a=d Mns on the Property, arvIl; a Ihn Ig1ds-rpyynles.IN Wofaa fNrrling to rap nal property..yyyyg vnlr•pW Provis S party are grin of Mnd4tl 61 mn[reb,,sr' me Meer'Pm loca d N J1hs[e1 this Mortgage. I1M Beotneltxwh amp rmr�.mmm1,i Ixrry7 Cl 54M of to rd- Paylrynt Grantor WO pay wheal due lute or ail L pner to dtangi l e1 flier,paying, lakes.6peclat taxes ascrwrevrle,avnlH Cl erg,sewer W1A[canal Imes aganst or pn Lot 161,Slone Bodge Estates•Pont Ten,Iowa City,loan,according to the plat Thereof recorded In r+[eawe of the Phial any an1Y pay-Nq Yn la slave[nr wv[k c e on W AA,fOM1Rea Book 63.Page 11.Plat Records of Johnson County.Iowa. eaM rwp nr mmlwrw fumnNA In pia tlrepenY G*a%her swl mat qan She➢rppeflY arty et yy yea The Real Property or Its address le commonly known me 47 Huntington Drive,Iowa City,IA 52245. FmAg pg oval or o or e¢aal:o the oll at Laseer ender(hit 1."age,arced;far mash lone The Real Property parcel Identification number le 09074180O4, sPl"Joel y""it 10 In-ill C7 Lame C.aaa..top Par the tan Of 1ii ant a6ii—mil rrY a gage morn in i 4Gear,ee rcsdl by due and except as Dtaerwise provMed in this Mortgage FNYUPB AWANCEB, lit asdeo0 to the Ndk.fin• hlprf Lemdex to Olradlpr wNefhn or nm the lativyyrie5 tore maer lwfsuanl W a ConamAmard. Sp,a lly- PROPERTY DAMAGE INSURANCE-The following Provisions relaling 1D insuring the Property are a part weasow strpapan,rw Mor[pegr secd+ee.n @Down 19 far amelan4 aPM49 n nth Rote,ill ftrtua of[his Mort gage: m l. tether er M1g,ddeviancn ntryf eon mCRar+lar,$eg hso as wormS9 Otnfean;hve avee.Nzap Maintenance of Insurance. Grantor shah precuts and maim,policies of fire insurance with rmm man iwl fasam Iptaxeb wrdudry eaNrenB erzaea ks the egpreparo SaSB.{N10 gal. i landard axionaled coverage mdwaamem,on a repla—ra l—for the fug re le value THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE covering all Improvements on the Real Property in an an eunl sutclent to avoid application of any RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS coinsurance cla end with a standard mortgagee clause in War of Lender. Grantor shag also AND IS) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS OMoewe find maagam a X4) 4-lm tell kliltdrill r4 ml in slash Moral anneal al;Lan4pr MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: may POOL"with ter;a ire ng M 191 20460l hatuhl Is,sail,till Y4ufaOt4 doh:m. PAYMENT AND PERFORMARCE,Sgaill as otherwise provided in this Mortgage,Grantor shag pay to A90W.Illy-Grail g,hot N&maln[t,other In urr nce,im ladmp Loth not kr+l to AOzl Lamle [hoo'll ins—LiPpan and hC4pt,iNuml lox 1-fa melt redid Parke shal bll w lmurm Guth Groalr e4 umMl an raider, q too LtgAOege as they become due and shag steely perform all of inivagu a LoehpIInaa ant n seen Iwm air man,Ill r � preratae'a 4Myotltons wider,ells MOrfOfrOf [Syanibly aceatetaa t0 ifmOH. Gtintef ezmA Exhibit 38 to Petition Exhibit 38 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT k40QVRT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan No:�_r�Y325 (Continued) Page 5 Loan No:-_ .__-2325 (Continued) Peg.6 or vacate any automatic slay yr mpmctw),atipeaic, and any ardrap7lea poslfudgmsil(•� ..� i •) _ extensions of,modifications of,refinancings of,consolidations of,and substitutions for the collection services,the cost of s4af"records.oMalning bge topons tinciV7etg foram5urm promissory note or agreement The maturity dale of this Mortgage is October 14.2047. reports),surveyors reports,and appraisal fees and flue insurance,to the extent permitted by plit"I"l iot'4pill Tm wants-personal"artyr'mean as eguipn,em,f4rures,and nP*r applicable low. Grantor also will pay any court costs,In addition to all other sums provided by - - _ , adrcles at ppfsonat properly row of derenfuer owned by Grenwr,and now a heropaer attached law. Or all to fine Real Property:together with AV pccassions,pans,and wldlUona to,as Shortened Redemption.Gfaplor hereby agrees that.In the event at fareclasum of this Aiorigegel, Or.Una al Suptbl;il&W.any of alien property:slim tearmi lr with all pis Lemear may,al Lenders%*.Option,elect to reduce tbb period of rceemyron purnuarll to Iowa t z ;mdualrg vmhoul NmMabon all wuuranca proceeds acid refunds of prerNunts)from any ulit Or Coos Seniors 62e.26,62827;or 628.28,or any other rows Code Sect9n,to such lime tie may other disposition of the Property be then applicable and provided by law. Property.The word"Property"means collectively the Real Property and the Personal Properly. Miscellaneous Provlelons.The following miscellaneous provisions are a part of this Mortgage: Real Property. The words'Real Property"mean the real property,Interests and rights,as Govoming Law.TWO Mortgage will 6e grrvefhed by ledsral law applicable to Lander and,to the further described in this Mortgage, extent not preempled by rodent law,the lows c4 the Smut of Iowa without ngvd to Its Related Documents. The words'Related Documents"mean all promissory notes, credit cmnAncta el raw provlalane.Thk EloApge has bean aceepeed by Lander in iris Scale of Iawo. agreemerds,loan ageemonts,enr4onmenlol ayreempms,guaranties.Security agrverMnls, Choice of Venue. If there is a lawsuit,Grantor agrees upon Lenders request to submit to the mortgages,dress of tfurg security deeds,cold of mortgages,and sq oftr miSir6arrenls, jurisdiction of the courts of Johnson County,Slate of Iowa agreements and documOots.whether now or fwwfuR eaRbrrJ.executed in eannerlien with the Time Is of the Essence.Time Is of the essence in the performance of this Mortgage Indebtedness. Release of Rights of Dower,Homestead and Distributive Share. Each of the undersigned hereby Rents. The word"Rents"means all present and future rents, revenues. Income,issues, relinqulshes all rights of dower,homestead and distributive share In and to the Property and royalties,profits,and other benefits derived from the Property waives all rights of exemplion as to any of the Property. 11 a Grantor Ia not an owrwr Or the Property,that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND such rights. GRANTOR AGREES TO ITS TERMS. Degnlllons. The following capitalized words and terms shall have the following meanings when GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL used in IN$MWtgags- Unfnu epo ir.:Pty aaHw M the oentmry,am roferences ru donor amounts OTHER DOCUMENTS RELATING TO THIS DEBT. sties mean am i rn lawful rygney Or inn United Stares of ArrwrKa.VONdS and IRrr11S Wild in the adlguar shall Include;ric plural,and line pfurW chop nrcluda the singular,5L pine context may reAmre. Morse and tame CAI 4thannra dcreed In rh.s Mon0aam shill hm,s IM ma 04K Mtr,hulad To Such GRANTOR: terms in the Uniform Commercial Code: ALLEN DEVELOPMENT LLC Borrower. The word"Borrower"means Allen Development LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. By: Environmental Laws. The words"Environmental Laws"mean any and all slate,federal and JesuJ Narysaember of All m Development LLC local statutes,regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, DwnpntaalwKr_rid LiiiiWily Act of 11190.a>a Wcd,42 U.S.C. Section D601,at w4. FCE RCLAoh fhe Superfund Amendmerds and ReaupurvAlian Act of 1986.pub.L.No-09•40 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT trio Harneouf Materials Tianpparal Act.49 U.8 C Secien 1811:,at seq.,the Ratorpea Consenial on non Recovery Avr,42 U.S.C.Section 6g01,et tea.,w other applicable stale or federal laws,rules,or regulations adopted pursuant thereto. STATE OF 1-1bvsa ) Event of Default. The words"Event of Default"mean any of the events of default sel forth in Its IMn"[Pam In the nyenle of cteti Ii section Of it"MorDgage. COUNTY OF a.— ) Grantor.The word"Grantor'means Allen Development LLC Guarantor. The word"Guarantor'means any guarantor,surety,or accommodation party or 0c�bL/ (4 any or all of the Indebtedness. This record was acknowledged berom me on ,20_aa_by Jesse J Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including Allen,Member of Allen Development LLC. without limitation a guaranty of all or part of the Note Improvements. The word 'Improvements" means all existing and future improvements, Nalary hfle In and fh.Star.of T� buildings, structures, mobile homes anured on the Real Property, hicillues, additions, a JACEN 6AIEC3' replacements and other construction on the Real Property. ! My commiselon coal s u"aS7r D7-W Indebtedness. The word ulndebledness"means all W,K-pal mtaresl and lain Tom aw otflei amounts,costs and expenses payable under the Note or RL131tC Documents,together w,th a8 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 Grantors obligations or expenses incurred by Lender to enforce Grantors 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 LeserPro.Vef.22.1,G 04A Color. iHARLFan=LD%C CmpLkGD3 sg87,1216 PRAll Rghts AilaINvad- -IA provision of this Mortgage,together with all Interest thereon. C:0.ASERPROIfiARLANDlCFI1LPL1GD3 FC TR-121676 PR-02 Lender.The word"Lender'means Hills Bank and Trust Company,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 14,2022,In the original principal amount of$389,300.00 from Orenlor to Lender, together with all renewals of, Exhibit 38 to Petition Exhibit 38 to Petition I I i E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT Cdt1RT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE _ PROMISSORY NOTE �"' Loan No: 2326 (Continued) Pape 2 rq1 Lon Hwfry Lan _ Aeunl MH T76.00 10.54.2022Carr 07M=.. ;L. ae aev SY]H JXDAIL J t. n.k�.epu a•.N ee..a,ass,ana;rLa4srawavT-�e!mNwq,l4,e%r�NHaca'«nraayay ,« mO NEYo, XPUN I. pevy hka c, �1TORNEYS'FEES-,E%PEY6E5 Lma�m,y Ake p pry.ameow ebe b Wb m&d Nye EaN II Bonemr eae nol peY Bonawr rdl pp wWec.suDpra 1.ell Iwe,sae. m.II eN.. law,bmere enorrayF'leaf all lerW re opal ezpame.,wne.ar or Bortower AWn O«WpmaMLLC ,a. MaLHL]!T: Y NN.BaM.M Tnnl Canpam of Dwrc eLalamull,sl.Nw wMoull I.Inn rye xe.a.M bpal«pm.«Iw WArvplry pmaNVlp.(n.Wnp.Rena le.-I Po Ba]u4 So ..I. «rar enY aulompW WY cr Ireuncean),NM appal. II mt woMeAee pY,pDFcaW rw,]wrower eMo wlll pry enY mW tofu n.etlnon Ian Cay,IA S2 1"MWn 9U.L PO Boa 160 0o ap omer.um,pollee by kw. IIIW,IA 52235 GOYEflaaNG LAW Thx Npl,will W povam.e by Iwnl I.wwpUuhla to Linear ue,to m,aWk a,prumM.tl by IdN,I kw,tlx law d (Coal N6�5136 IIw a.,D HImm MIA..-rc to lx cmRlw of law P-Nob TW Nob Ws hem...epld hr LanWrb ma Skled Iowa. CHOICE OF YENNEL If men 1.lamY BwmwM prce.upon Lenal.tty 1 to Mina b me ryrivaldon Of me wuN al bnaan Lounly, Prinelptl Am.unl:$691,175.00 Dale of Now:OHober 14,2022 skk of low, o,+keww LLtruvanyry lYawMa 1.uAr,W.All MHClyuy iwatA aeerLrxwal wraaE NeXT OF KlPOaF,To MI b-1 f/ 9U,acao w1Ae.Laoaa,nr,ms.,b'f of.fdl•ea Op = A.a.�.wA Lrk„FMra.r k R�'onlluD.Milwn"a"N AeselrA nr.,b.W wa..a r IN,ewfraa F..q.eA.Laaaa.al o,f !..s oDr500 e.wa cna=warp ar emw��Tan a'n.ars Y,:.wrc ti•In.r.Fp r•h••t+wiw w ose H wcwn hxwl rtn pa]1-1 Y].00)r H-h.rrII.rYY Sa wr.1xx��talaar,.de ar11.a..w w+L wrLwlar Yww+ Fi r.r w..ere:. e n a ma. 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RawnLW G,w WN aeaSWaery I..ruLR-11 Mradl,11.11afaau'.e,...Mxwl!!]rat llF.aru Eaa..1r rIF Isynx W,F V.Ne.xedwq mW lYa +Da w .N swM+•aa�mr m.[ L.n w�..n. ►ara.s.p.,•m e..we 1e•H a.a...w W AFVA1lelsse,Fm.wa]w,rap Hue.M1a,wlw•aa.,/,wrpaaraawafmrr ura.al•f«t Hev uen...P.n wee q>�nnuw Hr.aawwef arwr W Rdbmsda r_wa,..x Lelse, TR1,m•e vnPPA rN.,Y r+a.liq e,lavte fe+rAr rmap+r r,..welw d 101. «apt u lnrsa,r 1;!. by a'N v..eeP...ea.Yu of v'eanwM.n esr Npx Y b[n ra.av+s aHaraA ael ilp ry psp.ay aa,meP•mm'Fwea-w.ar,wp'gv,eNVl Ctrs afu,D.r2,aa,•SW,.•e-a-frry D„+ay.saa na via, , FLOAN ' L ,R.nL+Q-•�„ •1 =eCs/a�pie .f RNANC E OF LOAN Tno apeaec pvppse of Ills Iwn n CaalnsLon OI spec Irome al[n181 Slone BMge Esxks Pa,l B a a,WAe leaeer.ar ampt C a•W9•a M1rra aAT aF L.ralYl.pe.de+N Nox.W•wwmAa,M naAP.seiamT tp ary FlNANCYL STATEAffNTS.Bonomr aye.to wpvbe W Mr min suN rim,wal WxmeM[all parer rW:ae NAmatlan et.uN IrcRw,Idea art f.PFar Ora if LaIYN Ar a,plM tw,,,WeIGLVIY FOFa,mq Y>r.0 asp,;•'A,aw.l rry 2l11A v aUge..eyn ane lnuN akppuMar maY,wwrapW rcaa«I, IN ME p1 p }ra�wrrALl -of.rF.w" ie�.mow°.ww[n�B.."a Ta.erYaeFLem�wa,A cc Dare,0, CAAEFULlYYf6cCAu5 A��T�f15�E NIRR EX L(a�iX�Ia�C�E�tE1R FM�i4i p ei[0EL 1'EXfRORC@E�BO�RAOY,�'ER MW.as�1w.0 a�O w r0 trti N 3]}]faleD. 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Y W if5cu rmq/s[espy q v Yr+f r Hpr : laa pot 11r.x,^vr mPTAa Aft b^amy.'fP1v^r.nv Wbsap w.al r AaWuoU taeay Falr�w p1�vp.fr.plKaA ra.p, q.s Wla+t N M ea1LM Nl�rrcily ayaa w,wn Iv pP'11•a•n.r,w Iv.aW1 a,n�ww 1M ati-?1'yr.lver W rra lm cr.pAQ.,w w w..rw.,ax Poe,...»•.o'-..aP..wwm.ee.aNr.1-.-we�2r. nw Irx-w,a In a,T,•.aw •+raFr w«..'r rtellMaarA✓SgMr,T a.earrgalryy ta.axrr.y(etr.,VYH1tlY.rPyrr,YF„ran�.XarynnitYL•,vfar•kw P. TO SIGNING TN9 NOTE,BOggOWERqEA0AND UNDER]T000 ALL THE PRON5101B OF TN9 NOlE BORROWER AOREE9 TO ME avxaAp�.ep rt.Yeyp AF.pwy lewv,[.Y rry rapsY\aaNHtlpiN'411MYwe,FaXHWY'f ifWEIr TERMS OFTHENOTE. Daew er arMry«..Tlf l«l1.fa,I.Y Fn.rw f M d.f •.ycFp p.a,cBORROWEa ACKNOWLEDGES RELENT OF A COMPLETE.COPY OFTMIS PROMISSORY NOE AN.ALL MS.OOCUMEMS RNR;,:fATO aave.lr.o'aaall'alar.rwaa.pw.wt uay,gwa/r.a.lwa wgy.pHaaar]wfrr Ia 1rHw.eTHb•wr� TNISOEST. rvr.ry r.,er.,r W!,.eae r lwra.re.e"w«ry•Ay ur9srf^I Lr sr.W laa e,fagr,.An!a1peA.aw4a'.uw,L ^^r'Rsbp.ary rlra.lry Owa�YY r w W,eq kealrY w.FV.r OeYsa.•- DOePDaetA aAr.e.w....Wr ti A.«r pnw..rl.Naga" ano'bbt+", w pf a r N DY.e.v a DF aY 9- ewY pa+tr Raw vq Ir.1>•,•ir,yp.:\rf latt. praylwafalo r.rAAnlRwncn.f.ae..:aFe,F •a..r, ..b...«-r..l...ar.=*ae.l .fllfamwvx,,r•arar'w1a Lm5LLawm.n eaasdar peYrr klrnu.'f r.re 'Y'.b aweMbtlswr aAAK.IYEe0.p 01LI•C aAny6reM weaauvrlrwr. Ht+eaX as .s..w,ML�+eYe.Oranu w.eey n �.n.e ar.+.,w n.ar a.a.ean k laalwwe»w EacnacIa;AXachm•rR.An,,eaeorllpn w H.Wrunl I,a--1n.1 w Oolkk„L pe.uN.eclNon w abNmenl IL no sal uaa, exNrged w Yayw MUm many]rwrara.1W)ary.a me saran x Abree. Chac,W' 0-e 4 ra.rgen1ry•alna ees.w Yaq.kl.--.a.v,Frr wok mrKswa wn,a.nree a e.. voe.As er.ap...r w1a"wr ON,Wt Unar Om.r u.n Dec,vnanb.A ala W arx.n Irar ry oNer mMpapa,all of Irv.l w pwrXY w,mmenl oc aD w any na1 d Ilu CYkhnd. hd a D L ax�ayy[mesa W rav a:a r1 W AySa N Lea.->• e1 a.N I,.*_kf n F,irt'n'a H wf7 .�1.n9 rwP tiv.eA ae..a.rc allVa lslpA.D.O]l slaver er,+.,,am/q Lrwn k.acmw Yq.U'a�Fa vf.a+ttleArk.l. +u• -aaa�re�enw w-ef"•"ra.�enee�ra"r'°'•xa'mre,naem a.a.var aoa•.era.rF-0rw.wa.s- a-Aft-, Nacl A,raat.u«.ry alw.e.aw....-«mlarraa,nr,.r..p a ac s>,.na a,Fa Ne..bG,CM1u a r%G,ar,rx,,a.a^,1a.e,■.raW,,ax..y..nry-v.xe+wmrp aYx em',.ret-lalvt n n.W[v e-.i.u..r,a'.:ar e',as..aa,a,ed.•-a.r a+YY 11 ue W bax.1 wtlr,eae q'ma 1ea1 AaW1.ONnpe.A mab1-9-nIN eevvu cpe owba In Bwmvere wnd.1 corm%n,or I.—,.a«p me poweq of payment w can- a11M NoI_ peeM. fan a,w,a.ti.I[r,1ww wrleun,eakd..Coop..k alar.r aY 1 Gnaw MI Meaaa Osa^ra,Yaf,ea Y,wndt. wH�sera H Ury Nw a.I.n t Yatm�F^al,>t i1!)a,v,yla.1 ar[pbewll Ceraaw,rM l.Nn a1W Flan a1Lq.. � aWArao�crav�."w1]ntveW w�a,laa�i.a•vltsy,�AVL�1vl wa�w'wwL a�ila�P•a.�e� al if� uvaM aK.aw,.a-r•kFe aJ,L.Mbwnaaewpaw.a aawu...peWr.eFyy LENDER'S NOM9 Umn al.uA LeMer m.y aeYarc pm mlw wgad phwpd pWna wave NIa NON.M H acpuH vin.I]bbrcfl Exhibit 39 to Petition Exhibit 39 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT BK:64M PG: IS F.-,1Sd:10n7f3022,t11:19;110AM County Recording Fee:157.00 Iowa E-Filing Fee:e3.00 �. Combined Re:$60.00 Rrvenue Tax: KM P,b-RECORDER Johnson County,Iowa - FOR RECORDER'S USE ONLY FOR RECORDER'S USE ONLY Prepared By:Jeff Aunan,WIN Bank and Trust Company,131 Main Street,PO Box 160.Hill.,IA Prepared By:Jeff Aunery H116 Bonk and Trust Company,131 Main Street,PO Box ISO,Hills,IA 52235,(600)446-5725 52136,(B00)44641725 ADDRESS TAX STATEMENT: ADDRESS TAX STATEMENT: Allen Development LLC,PO Box 3474,lawn City,IA 52244 Allen Development LLC,PO Box 3474,Iowa City,IA 62244 RECORDATION REQUESTED BY: RECORDATION REQUESTED BY: Hills Bank and Trust Company.South Gilbert,131 Main Street,PO Box 160,Hills,IA 52235 HIPS Bank and Trust Company,South Gilbert,131 Maln Street.PO Box 160.Hill,IA 52235 WHEN RECORDED MAIL TO: WHEN RECORDED Mick TG: Hill,Bank and Trust Company,Aft:Construction Dept,131 Main Street,Hills,IA 62236 Nine Bank and Trust Company,Atte:Construction DepL,131 Main Shan,H111%IA 52235 MORTGAGE MORTGAGE NOTICE:This Morigag.waterer.redo In the amount of$716,000.00.Leona and ndvencon up to this NOTICE:This Mortgage Securer until to the am 00.au4t 0 V1 flJOCH Leans And Advahaea up le Ik1a .motent,together with Interest,are senior to Indebtedness to other creditors under subsequently amount,together with Interest,are senior to Indebtedness to other craditan under Subsequently recorded or tried mortgages and Ilene. receded or idea m,xtgrgns and 1106, The names of all Grantors(sometimes'Granlor7 can be found on page 1 of this Mortgage.The names The n m aes of all Grantors(so nellmas"Gravi can be found on page 1 of this Mortgage The names of all Grantees(sanellmes'Lander')can be found on page 1 of this Mortgage The property address of all Grantees(sometimes"Lender")can be round on page 1 of this Mortgage.The properly address can be lound on page 1 of this Mortgage The legal description can be found on page 1 of this can be found on page 1 of this Mortgage The legal description can be round on page 1 of this Mortgage The parcel Identification number can be found on page 1 of this Mortgage Mortgage The parcel idenlificalum number can be found on page 1 of this Mortgage THIS MORTGAGE dated October 14,11322;Is made and execulod between Allen Development LLC THIS MORTGAGE dated October 14,2022.Is made and executed between Allen Development LLC (referred W below as"Grantor)end H01e Bank and Trust Company,whose address Is 131 Main Street, (referred to below on'Granter')and Hills Bank and Trust Company,whose address la 131 Main Street. PO Has 160.Mlle,IA 52235(referred to below in."Lander'). PO Box 160,Hills,IA 52236(referred to below as"Lender'). GRANT OF MORTGAGE. For valuable considered-,Orentor mortgages and courmys to Lender and GRANT OF MORTGAGE. For valuable consideration,Grantor mortgages and conveys 10 Lender am gram,to Lander a aecurdy Interest to as of 11-111,right,1111,and in-1 In end to the following grants to Lender a security Interest In 0 of Grantors fight,title,and Interest In and to the following deacneed real property,together with all existing or subsequently enacted or affixed buildmargued 9s, described real property,together with all existing or subsequently erected or buildings, Improvements and fixtures;rents and pri all Rosemarie,rights of way,end eppu tenencoes;ex Improvements and Rxlures;rents and piaets;all easements,rights of way,and appurtenances;all water,water rights,watercourses and ditch rights(including slack In utigfies with ditch or toigeaon water,water rights,watercourses and ditch rights(inducting stock In u0110es with ditch or Irrigation rights);and ail other rights,royalties,and profits relating to the real property,Including without rights);and an other rights,royalties,and profits retailing to the real property,including without timtialJon all mineraN,on,gas,geothermal and alhiler mellars,(rue-Real Property"I located In Johnson Ilmkdlgn all minerals,all,gas,geothermal and similar ma0em.(the"Real Property')located In Johnson County,Slate of Iowa; County,But.or laws: Let 91,Stone Bridge Estates-Pon Eight,Iowa City,Iowa,according to the pin thereof neorded In Lot 01,Slone Bridge Estates-Part Eight.Iowa City,Iowa,according to the Piet thereof recorded In Book 56,Page 247,Plat Records of Johnson County,town. Book 65,Page 247,Plot Records of Johnson Courtly,Iowa. The Real Property or lte address la commonly anewn ea 210 C.11411e1 Onve,I"Ctvy U.S2240. The Real Property or Its address le commonly know a 21B Colchester Drive,Iowa City,IA 62246. The Real Property Parcel IdmllOcallon number Is 0907410009. The Real Property,parcel IdenIIII number Is 0907410009, FUTURE ADVANCES. In edition to the Note,this Mortgage—re,or future advances made by FUTURE ADVANCES. In addition to the Note,(his Mortgage ascures all future advances made by Lender to Grantor whether or not the advances ere made pursuant to a eommNrrenL Spadrically, Lender to Grenlor whether 0r not the etivenc�es ere without Urination,Ihls Mortgage secures,In addition to me amounts sprool a i in the Not.,ell funum made pursuant to a commitment 5 pecmce0 y, ounla Lender to Its discretion may loan to Grantor,together with eh Interest Hereon;however,In no wlmoul limitation,this Mortgage secures,In addition la the amount,specified in the Note,all future event shed such future advances(exdudlhg Inlaeal)exceed a the aggregate t them 00 W areunts Lender In Its discretion may ban to Grantor,together with all interest thereon;however,in no event shall Such future advances(excluding Interest)exceed In the aggregate$715,10DO 00 THI9 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 THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS PAYMENT AND PERFORMANCE.Except as otherwise provided to his Mortgage,Grantor shell pay to MORTGAGE 19 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Lender all amounts secured by this Mortgage as they become due and shell strictly Perform ea of PAYMjiNT AND PERFORMANCE. Except as otherwise Provided in this Mortgage.Grantor shag pay to Grantors obligations under this Mortgage Lender ail amounts secured by this Mortgage as they became due and shall Strictly perform all of Grantors obiigalions under this Mortgage. Exhibit 40 to Petition Exhibit 40 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT• E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE ; •' - ' MORTGAGE Lew Ne! me (Continued) Page 2 Loan No:: 2326 (Continued) Page 3 POSSESSION AND MAINTENANCE OF THE PROPERTY.Grenlor agrees that Grantors possession and deliver to Lender certificates of coverage from each Insurer containing a stipulagan that coverage e of the Property shell be governed by the following provisions: None of the collateral for the will not be cancelled or diumnahed vMhoul a minimum of len•10)days'prior written notice to Indebtedness consillutea,and none of the funds represented by the Indebtedness will be used to Lender and not containing any Medal—of the insurers ItablPy for failure to give such notice purchase: (1) Agricultural products or property used for an agricultural purpose as defined In Iowa Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lender Code Stich-535.13; (2)Agricultural land as defined In Iowa Code Section 9H1(2)or 175 2(1);or will not be Impaired in any way by any act,omission or deour of Grantor or any other person lay Property used for an agricultural purpose as donned In Iowa Code Section 570A 1(2). Should the Real Property be located In an area designated by the Administrator of the Federal Poesaselpn a"Use. Until the occurrence of an Event of Default,Grantor y (1) r m in in Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and possession and control of the Properly; (2)use,operate or manage the Property;and(3)collect maintain flood Insurance,if available,Jar the hull unpaid principal balance of the ban and any prior the Rents from the Property. liens on the property secunrg the loan,up to the maabnum pdIcy limits set under the Nallonal Flood Insurance Program,or as otherwise required by Lender,and to maintain such Insurance for Duty to Maintain.Grantor shall maintain the Property in tenantable condition and promptly perform the term of the loan Flood insurance may be purchased uncer the National Flood Insurance all repairs,replacements,and maintenance necessary Io preserve its value Program,from private Insurem providing"private hood Insurance'as defined by applicable federal Hazardous Substances. Grantor represents and warrants that the Property never has been,and flood insurance statutes and regulabons,or from another float Insurance provider that is both never will be so long as this Mortgage remains a lien on the Property,used for the generation, cceptable to Lender In its sale dlscrelion and permitted by eppnceble federal nood Insurance manufacture, storage, treatment, prsposal, release or threatened release of arty Hazardous statutes and regualmns. Substance In violation of any Envllonmental Laws Grantor authorizes Lender and Its agents to Lenders Expenditures. If any action or proceeding is commerced that would materially affect enter upon the Property to make such Inspenlans and tests as Lender may deem appropriate to Lenders interest In the Pro determine compliance of the P path or if Grantor ads o campy with arty provision of this y when d or pl Property with st section of the Mortgage. Grantor nethe ant any Reload Documents,including but not limited to r pay u der t to discharge or pay when due releases and waives any future Jaime aghast Lender for indemnity ors,adcontributionin the event am/amounts Grantor is required h discharge or pay under this Mortgage o any Reeled Grantor becomes Mein for cleanup or Omar visa under any such laws,and es agrees to Documents,Lender p Grantors behalf may abut Shan not be sto f r f su eke any aiding and `indemnify,defend,ago hold harmless Lender against any and BII claims and losses reeuning Iron a Lender tlaems appropriate on the Property and paying an caste for Insuring,maintaining aria breach of Nis paragraph of the Mortgage This obligation to indemnify and defend shall survive the preserving the Properly. All such expenditures Incurred or paid by Lender for such purposes will perymenl of the Indebtedness and the salisedlon of this rdonage. than bear Interest al the rate charged under the Note from the dale incurred or paid by Lender to CONSTRUCTION LOAN. The Improvements shag be completed no later than the maturity dale of the fire dale of repayment by Grantor.All such expenses will become a part of the Indebladnecs and, Note(or such earlier hale as Lender may reasonably establish)and Grantor shall pay in full an costs and at Lenders opllon,will(1) as payable on demand; (2)be added to the belance of the Note and expenses In connection with the work Lender will duburem loan proceeds under such terms and be apportioned among and be payable with any Installment payments to become due during either conditions as Lender may deem reasonably necessary to insure that the mlem st created by this (a) the term of any appimaba Insurance policy;or(b) the temarrmg term of the Nate;or(3) be Manage shell have priority over all Possible liens,Including those of nations suppliers and workmen to, as a balloon payment which will to due and payable at Me Notes maturity. Lender may require,among other things,that dlsbureemenl requests be supported by recelpled bills, Womanly;Defense of Title- The following provisions retailing to ownership of the Properly are a expense affidavits,waivers of liens,canslmdion progress reports,and such other documentation as pan of this Mortgage: Lender may reasonably request Thin.p Grantor warrants a at: (a)Grantor holds good and ncea marketable title or record or the DUE ON SALE-CONSENT BY LENDER. Lender may,at Lenders option,tledare Immediately tlue and Property in lee simple,free and clear of an Ilene and enCumbratce9 other Than those net forth in payable an sums secured by this Mortgage upon the sale or transfer,without Lenders prior written the Real Properly description of In any bile Insurance polity hue report,or final title opinion oadWnS of gP 0 any Part at*4 Final Protpni,W My yttaNal re late&at Property. A'Late Ix Issued in favor of,and accepted by,Lander inconnection Wlll this Mortgage, (b)Grantor has uel le r means the abirmooli G WlImperm,or ar.y Istim,site or ygoresl In that Rwt Prppsrly. the full right,power,and authority to execute and deliver[his Mortgage to Lender,and(c)the whelps,IngeL bMlefYsef,Y 4,rotebta:WWW vpganary or santion'lary,wr'ettw by WMpIrt Me.doing, bens granted hereby are not the type of Ilan referred to in Chapter 575 of the Iowa Code glsiallAyOt late Cen.'rPG,Who boMncr."attired For MN,Westfield In'eiasl milh a term woo"they Supplement,as now eructed or hereafter modified,amended or replaced Grantor,for Itself duba Lay years,lineve-Opiun canui et of Dy Late,asyrygnsnt W bansfee of my temebcyl ygeli in M and all person;claiming by,through or under Grantor.agrees Met It claims no lien or right to a Its arty Yid&0" suit to pia Real Property,&W law PPW metal of CMv1lyYpta of an iflerev Ilan of the type contemplated by Chapter 575 or any other chapter of the Code of Iowa and in W Real Property. if any amoar a a CWV-.MN PsMerspiA of"the Wad'¢aomperry,gentler further Waives all nofces and rights pursuant to said law with respect to the liens hereby ebe elfladaa any."Wapping of cite legal Mine{xdlaRrer b)'r Agar,dNA—pr pgynetse)w A" granted,and represents and warrants that it is the sale party entitled to do so and agrees to a'a'7e In~4,slvp W mare Pren hramyfrva P-Mat EitsA)e!Rise yak T stogy ponneesnlp Waff"Is indemnify,defend,and hold hamlless Lender from any lose,damage,and costs,including or armed tnbd'y-RWrty ai n the bass inae pas.of such Cramar Ksm,rr,tin cpbon an reasonable anorri fees,threatened or suffered by Lender idling either directly or Indirectly nor by egeleiseq by LaYsr it saN elefote Is prvhfiSPd by Me"low or by Ib'ea law. as a result of any claim of the applicability of said law to the Irons hereby granted, TAXES AND LIENS.The following provisions relating to the taxes and Irons on the Property are pan of Defence of Tulle. Subject to the exception in the pmegrepe above.Grantor wercega and rA this Mortgage: lorever defend the title to the Pro I the taY,10 µsirs of a1 patty,again, persons Paymi Olwdw alma pay wren it-land Inell events goof m oe4npeosy)of Jeans,peyNP Full Performance. If Grantor pays all Me Indebtedness,Including without imitation all future few,,epecW Ysae.aenrsLmen6r,osier",10 ono wean'MAW-rllsrgp WArd apr,rf a M advances,when due,and cMerwim pmanins all the obligations mposed upon Grantor under this aocobd of fife property,aM shall Lhaf pay when due tee it—fief vrant tlbrne an or For WAeet Mortgage,Lender shell execute and deliver to Grantor a sullaaa satisfaction of this Mortgage and rendered or material furnished to the Property Grantor maintain the Property free of any liens suitable statements of termination of any Mancing statament on file evidencing Lenders security having priority over air equal to the interest of Lender under this Mortgage,except for Ihose liens interest in the Rents and the Personal Property, Grantor will so,,If permitted by applicable law, specifically agreed to In winmg by Lander,and except for the Ilan of taxes and assessments not any reasonable termination fee as determined by Lender from time to Ilme due and except as to provided in this Manage Events of Default Eedr of the following,at Lenders option,shall consolute an Event of Default PROPERTY DAMAGE INSURANCE.The following provisions renting to Insuring the Property are a pan under this Mortgage: of thin Mortgage: Payment DefaulL Grantor haft to make any payment when due under the Ilimblednesa MfiRtmanca of Insurance. Grantor Khan procure and maintain pollees of fire insurance wiU fMtaod an IXhn peymanro Fawn of Grantor within the one required by this Mortgage to covering 11 Imp extended coverage the Reendorsst Propents one replacement banes for ery full insurablo value ve wV osfrram for Wcee 0,insurance,or any other payment necessary to prevent filing of comsurancovering ce Imprse,and ta on the Reel rd mortgages In an amountfaro sufficient to der. Grantorapplicat shall 11 any W to affgci d-xearga of an,lea ce clause,and with a standard rtrortgagae clause n favor o!Lender. Grantor shoe also 1p d vn end maw—aoolpmilffo iue gyaooll Sa sett'ntuAw.e n MCh comra,e amours a,Lcv'dn Other Default. Grantor fails to cymplY with any other term,obligation,covenant or condition "Y m�Qarpat with Leader"lymud tee udlCynW nauarda lr1 efr_h Ijui�Pace Pate+-, CaAtsaeo m this t"iige a N soy of Mo RP;yd Documents Ardt'cnwry,Oranfe tfro ni such gawf wuurgnce,nek,ding W Me lini to nusm. Default In Favor of Third Parties. Should Cranlor default uncer any loan,extension or eretllt, bwrawu vnrawplWn atw bPior Insole n Lgndgt ruff Ibglree Pp'riae cope M wNrtpn by sacn security agreement,purchase or sales agreement,or any other agreement,in favor of any other kee!a a eanpPn'er.era N such I&-os guy be mesen]+y*=eP1oN m Lender Glen!.NW efedllor or person that may materially affect any of Grantors property or Granters ability to Exhibit 40 to Petition Exhibit 40 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT ; E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT r MORTGAGE j-'"� -.._ MORTGAGE W-Weep7326 (Continued) Page r" ,.)Loan No:, 2326 (Continued) P."5 repay the Indebtedness or Grantors ability to perform Grantors obligations under this Mortgage a w.wrote any aulomobc stay Be kpus[mv1,appeals,Ism arty onttpWN Isysl-?legrlrrnl or any related document eiWad all sameea.Ba,cost of towit q mardo,obtaining VFW newts brAlwal fp Wassrs Detailsv Ilu*hrlocy.The^-<== Or Gr4nuayf I+e;RI'ess 01 wl.eVip le:po'a 1v t•.nntllue d rf lots 1,ilRlepmY fepons,and acicni l IEol sued ode e.aVraiize,I0 tin ettem pmm1o*d" am cO 1pOKi rand.),pay member ".nrsm Me Limed h-Wity aempay,sr any saner husu l'u*n of Gl ley..derAor elw Will pay so coil in S9O,derr 10 al Made e4 s MerAat1 YJ few. C-ftweis nmitemu w a ga s ng bus—u the bm im ea of any nebw r{y.Via ha,.4ve of am". ws rppewmenl of a mecomverr I.,any pan at C mo;A prepella,Ipl'Lugnment fee tee H AAC Slaul Redemption.Grantor hmolly agrees that,in me evoW of rarecimuf.of M Lson gaga, ofvaunt a,any yp.of vwaw wad*v9,or t.Bann ennmeN of ON P oeaemNj wN aTy arM may,at L.mders we pawn,elect to reduce the weed of I.d.mpenn W.-A W Ind ra e:ens 629't6,L7g.27,m 426.28,or any othw W—Ctrr 541.+:n,m wet red as Fist,bankruptcy or insolvency laws by or against Grantor. cpe*S Breach of Other Agreement.Any breech by Grantor under the terms of any other agreement be then applicable and provided by law. between Grantor and Lender that is not remedied within any grace period provided Iherein, Miscellaneous Provi lone,The following miscellaneous provisions are a pelt of this Mortgage: including without limaeflon any agreement concerning any indebtedness or other obligation of Gonfnlrq Lfw•,Thus Mangigs wm be ponnssd by Nouar Lew eppllcaMs to Lander and,to the ntor Gra Ind Lender,whether existing now or later, for,net prcrmplsd fly f.JMI Garr,SIN lam w IN.Stab of Iowa valid"eagafd to In Evante Adacunp Guarantor.Any or the pewUg events occurs wan an pact W any Guarantor c,mgt,at 0.jimilleda.ifie Mart blis NON Mop sezfptaa by Lender Is the Sufe of Iowa. Of o:y of the I,re.sremesa or any Gudnhler d"or deco.11 useR•Oe:e+'•t•or..kes o! Choice o1 Venue. If there Is a lawsuit,Grantor agrees upon Lenders request to submit to the dnrulfa fry vtlrefy Ol,at liability under,any Gusvm-f 0Ina le abatleom juiasdlcilon of the wuns of Johnson County,Slate of Iowa All Is.Cure.If any der.A.oll am a der-if in mirmen[,w cu,seke sty If Geaaa o»real Time Is of the Essence.Time is of the essence in the pertormance of this Mortgage teen 0,r e*ne(ke of.bxrNch 0 Vie s•brs,pmv.sen el 1"amngwae v,-M6 the ftftt* rq MAho i12)marmm,a may 4 cures if C+n aar,ohur Leer sends wmaan rwLee 14 Grardl Retene of fights tf O wx,H* fted.hd OtMdW Ma f woo.Ear a"unoets]xd hominy W.WW,hg hem.of Web del.url Ill r fed d*b un within One fly d.ayx or Of d the Nee relinquishes all fight*of vef,pam.s[sod yr delnlu"Share n ohm to ew Pfepet.y red r.:Nea finite Mae W f1)am",,nmxo key x+Walee amps+ ,t LK•nsr&a—0 lenders waives all rights of exemption as to any of the Property B 11 Grantor Is not an owner d ois ducr*ben W ee wdralpM to saxt one at."and Whoa E*co"uh„ea 4nd gnn%4 W Property.that Gronlor executes this Mortgage for the sole purpose of relingWshing and waiving raat*nabw.4 meseswy Hens Iu1PrJen.10 1�anf"'X.as uah as npeaoA`I' such rights phr ctical pandolkie . The Imlexaip eneaeuce wwda sued lema.h.t he"use iebe•wq mse""-hors Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any lime vend In INS NOnpopf. ipxe4apy toted to me W.Vi l ON m4fanea*to aeete lima oea thereafter,Lender,as Lenders option,may exercise any one or more of the following rights ad n teal m'W SfnWop 0hw"ran"or Lie Vked Steles of Mrex{L tyigya.tfr grans Weed In M remedies,in addition to any other rights or remedies provided by law. 1"shot nGkada the NNvM,wo the @vawf seal tar Iv the unpuLf.H the conkilkt pry rgWe. Accalerale Indehtndnosc. Lender shed have the right et its option,after giving an required Vibes woo learn not olheow-w4`ea nT im Wiryage shat new and Memory.aanknoxi Ind tags notices of default and after passage of any grace period,W declare the enlne Indebtedness tiffisY III the VndGnA Corfsl`trtxU COov immediately due and payable,including any prepayment penalty that Gronlor would be required Borrower.The word"Borrower'means Allen Development LLC and I+IcWtles all cosigners and to pay without notice,except as may bar expressly required by applicable law, co makers sgning the Note and all their successors and assigns, WC;RaoMdlas.Wdh tEprtl Ind Be W toy pan 0 u/Pe+»x,lt Preal te69V shed have all Environmental Lam. The words'Environmental Laws"mean any and an state,federal and the rights and her won of.tabios l pony under the Uniform Comunil Cade local statutes,regulation.and ordinances relating W the protection of human health or the environment. including without limitation the Cemprehenswe Environmental Response, la Will Forchatert.Lender msy ebuo a rydc+ar drolaf Winn ii Cxranlors wna.est..at or Compensation and Liability Act of 1980.as amended,42 U.S.C.Section 9601,of sect any part of the Property ("CERCLA'),the Supedund Amendments and Reauthorization Act of 1986,Pub.L No.99499 Nonjudlcel Foreclosure. Lender may exercise the right to noh4udelal foreclosure pursuant to ("SARA.) the Hazardous Maimals Transportation Act,49 U S C.Seclion 1601.at seq.,the lows Cade Section 654.1E and Chapter 655A as now enacted or hereafter modified,amended Resource Conservation and Recovery Act,42 U S C.Section 6901.at sag,or other applicabb or replaced stale or federal laws,miss,or regulations adopted pursuant thereto, Other Ramadlea. Lender shall have all other rights and remedies provided In this Mortgage or Event of Default,The words"Event of Default"mean any of the events of default set font In Vie flew or na'ahla asaw W kh vq,*. II'rs r,Ea+l3atle th ere OrWa oft deWan yedm of taw Mpdgop. Sal.of the Property.To the indent permitled by applicable law.Grantor hereby waives any err Grantor.The word"Grantor means Allen Development LLC all right to have the Propertymarshalled. In exercising its rights and remedies.Lender shall M Guarantor. The word"Guamniof means any guarantor,surety,v acca—dalion perry of free to sell all or any part of the Property togelhw or separately.In one sae or by separate anyw warren Iripaglapsp# sales Lender shad be entitled to bed at any pubic sake on all or any portion of the Property. Eleedon of Remedies.Election by Lender to pursue any remedy shall not exclude purswt of any without limit slim a word'Guaranty'f a on an of the Note s the my from Guarantor to Lender,Including w guaranty opa omen remedy,end an Mortgage, to make expendanWs turesfailure or W lake perform,sari to taedorm a obrs rig n to doci,under the Mortgage,aRer G tall—failure gnderthi shall note or Landes right Improvements. The word"Imomes ends•mains all existing Pr and Mure Improvements, ddi— to decare a default and exardse Is remedies. Nothing under NIB Mortgage or otherwise shall bwltlinga, elmclures, rrwb,e homes aniixatl on the Reel Property, facibl�ec, addrilons, be conslmed so as to Will or restrict the rights and hmades evadable to Lender fallowing an notemenls and other construction on the Real Property Evem of Default,or In any way to limit of restrict the rights and ability of Lender to proceed lmdebledius— The word"Indebtedness'means all principal,interest and late fees,and other duac6y against Grantor andlor against any other co-maker,guarantor,surety or endorser-Wor amounts,costs and expenses payable under the Note or Related Documents,together with ell to proceed against any other collateral directly of Indlmolly securhhg the Indebtedness renewals of,extensions of,modifications at,consolralions or and subsglubons for the Note or Attorneys'Fees;Eapanua,If Lender Institutes any suit or eaten to enforce airy of Me terms of Related Documents and any amounts expanded or advanced by Lender W discharge Grentors this Mortgage,Lentler shed be entilled to recover such sum as era court may adjudge obkgabonc or expenses Incurred by Lender to enforce Granlor6 obligations antler This reasonable as allarneyW lees at trial and upon any appeal Wherhar or not any court action is Mortgage,together with interest on such amounts as provided in this Mortgage Specifically, Involved,and W the extent not prohibited by low,all reasonable expenses Lender Incurs that In without limitation,Indebtedness includes the future advances set forth in the Future Advances Lenders opinlon are necessary at any time for the prolacl'en of its interest or the enforcement provision of this Mortgage,together with all interest[hereon of as dghis shell become a part of the Indebtedness payable on demand and shag bear interest Lender.The word lender'means Hills Bank and Trusl Company,its successors and assigns at the Note rate from the dale of the expenditure unit repaid. Expenses covered by this paragraph Include.without limitation,however sub]W W any limas under applicable law, Mortgage.The word"Mortgage"means this Mortgage between Grantor and Lender. Lender.attorneys'fees and Lenders legal expenses,whether or not there is a lawsuit, Note. The word"Note"means the promissory note dated October 14,2022,In the original Including momeys'lses and expenses for bankruptcy proceedings(including anions[o modify pdnclpsl amount of$591,175.00 from Grantor to Lentler,together with all renewals of, Exhibit 40 to Petition Exhibit 40 to Petition r E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT - E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT 1 " MORTGAGE Loan No: 325 (Continued) Paga B '- extensions ar,mg04Cet cas Of,rxrra,%..P I.wnam¢xuona W.aed-1offi w—foe am _ promlowny nclo W ageft hers Tho matvary d410 01 this Mortgage is October 14,2047 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 subslllWons for,any of such property;and Wgelhar with all proceeds (including wilhout hmilalbn all insurance proceeds and refunds of premiums)fmm any sale or other dsposilian of Us Property Property.The word"Property"meane collectively the Real Property and the Personal Property Real Property. The words-Real Property'mean the real property,interests and rights,as FOR RECORDER'S USE ONLY further described in this Mortgage Prepared By:Jeff Aunen,Hills Bank and Trust Ccmpany,131 Main Streak PO Box 160,Hills,IA 62236,(800)445-5726 Rahtstl m"loan tin. The wards"Related Documents'man en promissory notes,vets, egregages. ears of trust, e,environmental agreements,mortgages, ages,aes,nd security agreements, mortgegec,deeds of trust,security deeds,collateral mongagas,and all other Instruments, ADDRESS TAX STATEMENT: agreements and documents,whether now or hereafter existing,etreculed In connection with the Allen Development L-C,PO Box 3474,Iowa City,IA 52244 Indebtedness Ranh. The word"Rents"means an present and future rents,revenues,income,.sues, royaftlas.proll and other benefits derived from the Property RECORDATION REQUESTED BY: 'Hills Bank and Trust Company,South Gilbert.131 Main Street,PO Box 160.Hills.a 52235 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND WHEN RECORDED MAIL TO: Gfa ffll a0RBP5 10 iIs Iell , 'Hills Bank and Trust Company,Ann:Construction Dept,131 Mein Street,Hills,IA 62235 GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: HAZARDOUS SUBSTANCES CERTFICATE AND INDEMNITY AGREEMENT ALLEN DEVELOPMENT LLC The names of all Grantors(sometimes"Indemnitcf)can be found on page 1 of this Agreement.The mas of an Grantees(sometimes"Lendef J can Da fomd on page 1 of this Agreement.The propertyaddress can be found on page 1 of this Agreement The legal description can be found on page 1 of 9Y: this Agreement The parcel idenbficaUon number can be found on page 1 of[his Agreement. J J Alhn,Matphsr of Allen Osspop-t LLC THIS HAZARDOUS SUBSTANCES AGREEMENT hated October 14,2022,Is made and executed among Allen Devoiapmenl LLC,whose addmss Is PO Boa 3474,Iowa City,IA 62244(sometimes island to below as"Gmnlor'and eamellmos n"Indemnlld');and Hills Behr and Trust Company,South Gilbert, LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 131 Meln Stra,IL PO Box 160,Hill.,UL 62235(stand to below as"Lander)-For good and valuable consideration and to Induce Lander to make a loan to Borrower,each party execurUng this Agreement hereby represents and agrees with Lander as follo— STATE OF Z. _ I PROPERTY DESCRIPTION. The word"Property`as used in this Agreement means the fallowing Real I SS Property located in Johnson County,Stale of Iowa: COUNTY OF 7alaW e— I Lot 91,Slone Bridge Estates-Part Eight Iowa City,Iowa,according to the pint thereof recorded in Book 58,Page 247.Plat Records al Johnson County,Iowa The'Real Property or Its address Is commonly known as 218 Colchester Dmm,Iowa City,IA 52246. All...Member of Allen Developmeantnt U.C. This record was acknowledged me on © !K _20�by Jesse J The Real Property parcel Identification number is C9074100D9. REPRESENTATIONS. The following represemalion.are made to Lander,subject to disclosure&made and accepted by Lander In wrong: 1AC1 N BYLF ;e c b and Who Baia xd-X Use of Property. After due inquiry and investigation, Indamn6or has no knowledge.of reason m pva^�ii1��r4RAM My commbalon e[ [1-SS'�>y va-n`a.Uh2t Rate has ter,any use,geneallon,manufacture,storage,treatment.refinement, IfMapella°eh,o,sposal,ra4aw,or Threatens[release of any Hazardous Substances by any person on,~f.or-•".l the T4eoerty, Hadtwua 6ubalsocn- After pee Into tM investigation,Indemnitor has no knowledge,or e1 to believe.that the Property,who—at and whether owned by previous Occupants,has contained asbestos,PCBs,lead paints or other Hexerdous Substances,whether used In _ construction or stored on the Property LS rlsro•You,22.1.0044 Capr,Foggia USA Corppalon 19g7,2022 Air Rights Rasthsfd -fn No Noticed. Indemnilor has received ro summons, dilation, directive, letter o other C UePRC0%RLANDICF0LAL1W0t FC 79•121W PR-47 r commwleelion,written or oral,from any agelcy or department of any county or state or the U.S. Government concerning any Intentional or unnlennonal action or onesslon on,under,or about the Pmperly wpuch ha1 lapped m D:e tiering.willing,Itil pumgNlO,pawing,an liftcg,omptyrg or ftnttl♦g el Nsa dd,s&&vela t4%Wa a1y.0.4 ambdau gn w oa:o WTT 4.4s of xtrle QYas"may hays:tidy-Ted 10 as Ianps.coolers,hair,sAe'JLth,wildfire,bola,w or aRaf rawer resources Exhibit 40 to Petition Exhibit 40 to Petition E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT _ HAZARDOUS SUBSTANCES AGREEMENT __ HAZARDOUS SUBSTANCES AGREEMENT Loan No:.,-'-_ (Continued) Page t - Lean N.:'.- -"2326 (Continued) P.O.3 AFFIRMATIVE COVENANTS,Indernni[or covenants with Lender as follows: f I - by LaMar.Any inspections or tests made by Lender shag be for Lenders purposes only end shall Uae of P.P. ndemnilor with not use and does nor Intend to use the Property to generate, i not be conslrued to create any responsidsty or liability on the part of Lender to any Inl hi or WRY I r to any other person nufacture,refine,transport,treat,store.reMle or dispose of any Hazarams Substances,PCBs, lead point or asbestos INDEMNROR'S WAIVER AND INDEMNIFICATION. Indarte,lor hereby agrees to and shag Indemnify, defend,and hold harmless Lender and Lenders officers,directors,employees and agents,and Lenders C—ou.ms v*h Emelim—nul Liters. Ime.mltit pouf arose the Plepary and tfle ewraLwns successors end assigns and[heir ofhmrs,dueclore,employees and agents from and against any am ell loth✓.lea on it 40 cai im.erq am Ex EnYnome im Lava W onion of any gartrnmcowl claims,demands,losses,liabilities,costs,fines,penalties end expenses(Including without limilalion aulhomhd,eavng junsoitbotr~emy Enra—Nal Lens iris"palm,Ire;In effect ME andameYi lee!m IrVI wri M ins Xseil ix Parston for is ll,matutud i rock rdn,aoal odes epoxy with air genmv mwil Winn alit ut,,aaaaedaa raduued by EnH'pwbnms Laws with mat,.masuW rawww darry.e end dmrnuton.a";nictnla s by w7".en tal en.,rg due of a re.Wa W la4h Property or opomi,am, -mccrmnpe ffsad hmyn LandN wAh Caplea of ai Ili rilabn th e Pamule W OattW ViWna am my aammdmwn w u.—of.al lot.aiy SW moldy LtkAa.of airy g any ry op gedpb or nefeediel aeeta b,at any ova P Caom�nt a ,IliaviBod by ff LOl mwto oe:ne expiration or revocation of such permits or aulhorizabons P s0 troerd v not Oavam'n sal atYJ�Inrhlaar at any m"undeamtediredd hY EmtlLem,0 Laws w Y 1W tmty +✓IrN N'� Y=r,nronnCnlal Laws.Incluemy Prnemlve,Investigatory and Remedial Action. Ind Ymlan emnilor shall exercise extreme cars In handling wipwl5 am any ma-vi Iev 0 oamajeM.,it(W anoint,am at w reLlair 10 my Amoo rola— Hazardous Substances 0IMemmlor uses or encounters any Indemnilor.at Inderrnilo's expense, an tu vicannon G Enreormvftol Lbws or W uppkaylo MWA v oaPr Ml.W(C)on ewmalf,f Nat unde,leAo any aM of poventive,InveapgalOry or name"aAroh(I1411l&g irdalrii q mpaY W Lamas,or any pamon,WhahOdwsv W adawCw Lit ens Property ahaag art of,M oprinrcdan Plow-ramaval,conteMMMI aM other remedial cozen) te)moored by tiny 0g1rwi4 with,Y in Islay way relandil ra 0 ilia We"of any c,—I teprtxerii• er—arty marlafled In FnWrtPm+eaeN Laws or aldera by any governmental augxdMy aerzmg funnic tan under this Agracrasofe,(ii)the wriaMon of 11 Ennrarnpnlel Lows."made,sutnmaatan or aporeYgls,fall Emlronmem al LavR,or (d)necessary to prevent or minlmb:e property damage(including damage the use,Ireosnenl,storage,generation,manufacture,bepart,an release,spill,disposal or other to Occupant's own propeM),personal injury or damage to the environment or the threat of any handling of Hazardous Substances on the Property.or iv)the consin nellon of any of the Property by, such damage or injury,by releatea of or irpoNare to HMadmi BubWAcn Ill LMdtCWd with the or the presence,release or threatened release of,Hazardous Substances by any means nmanoaver Properly or opiumeons of any R'LVJInI er,00 PhWedr, In Lhe Mind btdtrra0dt fall 10 perform (explicitly includng without limitation any presently existing contamination of the Properly,whalhor or any of NldalmHlNa obligalid-under this sastan of Ins Agreesal ta Laepm may CEO Mang not be or previously disclosed to Lender),or(d)pursuant to this Agreement, Intlemmlor.obligations under railhead 10)Itaddefrr such obligations at Indemnilors eraurcc. Alt such COGS said OtjAnl:el this section shall survive the lerminagon of this Agreement and as set forth below in the Survlval loosened by L~under uda Mocacn and obne Pies Ixnser aria:yieemced shall be reimbursed by section In activism to this Indemnity.Indemnilor hereby releases and waives all present and Future know.new to L~upon demand with interest at the Note 6efauff rate.w O.oath iblenA 01 a claims against Lender for indemnity or contribution in the event Indemnilor becomes lieb'.for cleanup difaW rate,of Illy ehsep Wormingrife. Lender arts rndenvrAur imd Met Ledger V03 Iwve 11A at~seats lesde L,End,15-mom es" ass, rse to Indemnlor for any sum al any vine due to Leads(under this Agreement In performing PAYMENT:FULL RECOURSE TO INDEMNITOR.Indemnilor inlends Thal Lender shall have full recourse any such obligavorm of Indemnilor,Lender shall at all times be deemed to be the agent of to Indemnilor for Indemnilors obligations under this Agreement as they become clue to Lender. Such Indemnilor and shag not by reason of such performance be eeemeo to be assuming any IlabiI lea,losses,claims,damages and expenses shag be reimbursable to Lancer as Lenders dodged— responsibility of Indemnilor under any Environmental Law or to any third party Indo ndhor hereby to make payments with respect thereto are incurred,without any requirement of waiting for the Irrevocably appoints Lender as IMemmlors allshrey-In-fad with full power to perform such of ultimate outcome of any litigation,claim or other proceeding,and Indemnilor shall pay such liability, IMemnnors cognitions under this section of me Agreement as Lender deems necessary and losses,claims,damages and expenses to Lender as so Incurred wilnin thirty(30)days after written oppropnete notice from Lender.Lenders police shag wnlain a brief Ilemizatmn of the amours Incurred to the data Notices,Indemnitor shall Immediately notify Lender upon becoming aware of any of In.following' of such notice. In addition to any torturer available for failure to pay periodically such amounts,such (1) Any spill,release of disposal of a HazeNaus Substance an any o/the Property,or In Innovates MaE amoreancr heat arlefClt M.0 Note default rate,or In the absence,of a default role,at the connection with any of its operations if such spill,release or disposal must be reported to any Note Inleresl fate governmental authority under applicable Environmental Laws. WRVWAL- The wren"m11I1;Ied In thfi Agreement Wit aa•rrw.SA) the repeyeral of Aw 7i Any ec[IWNnanwt-or Imminent Nicol of conlemination,of the P 6 Hazardous Lamemeekesa,Ig)af7 ton"11 e,ad.*hplfaMr jue"0 nam{vdCLU,Of The Pm1em,one(Ct any dev" ( Property y 01 a oead m sea N«aecwf.rte 10 Larldr w yW woDeflla pf LgMif. Toa raeanwa I-0raholtt n INf SubaUmcee.W""rosin M tmvrarmenesl Lin,In CWwtean wdA Pt Prppirtr or the Agreement 0ext Ei for mR betwfd of Lerdel and My facCIH W to LM011i,as MIEp 01 my security operations OonouCed on the Property Interest In the Prpppryf m one r4aljAdneµ Ntioref"&by-Of as bMiet of line Pfofeiry lOui (3) Any stem,molds.at,iyat; fine of pamery w mbar welat&%rat by any governmental Foreclosure or side der..ry of a e.ed n rap of law,1, ra. sulhonty,m Wig to Naudm;-1 SdtnVnrms N Enwenernlal t e•.a yid the Property or the MISCELLANEOUS PROVISIONS.The following miscellaneous provisions are a pert of this Agreement operations cMdvcled on the PropeM Atiormyi'Fear;Expenses. If Lender modules any suit or action to enlorm any of the terms of (e)Any judicial or administrative investigation or proceeding totaling to Hazardous Substances this Agreement,Lender shag m enlilled to recover such sum as the court may adjudge reasonable or Environmental Lam and to the Property or the operations mmucted on the Property as attorneys'fees al War and upon any appeal Whether or not any court action is Involved,and to (5) Any mellas relaling to Hazardous Substances or Envlrnnmenlal Laws that would give a the extent not prohibited by law,all reasonable expenses Lender Incurs that In Lenders opinion are rea.onably prodenr Lender muse to be concerned that the Value of Lenders semdty Interest in ecessary at any Ome for the protection or its interest or the enforcement or Its rights shell become Ina Properly may M red cad or Ihrealened or that may Impair,or threaten to impair, a part of the Indebtedness payable on demand and shag bear Interest at the Note rate from the data Inds mnlfoh Bbillly to perform any of in obllgallans under this Agreement when such of the expenditure until repaid Expenses coverts by this paragraph,Occlude,without limilavon, Pe rformance ie due to subject to any limits under appl'imbte law,Lenten.a m lloeys fees and Lenders legal Access to Rewrite. Intlemnilar.hat deliver to Leader.al Lerdefs r co of an 0 expenses,whelher or not there Is a lawsuit,including allorneys'fees and expenses For bankwplcy souseI,copies y en ell proceedings(including efforts to muddy or vacate my eulomalic stay or injundion),appeals,and documents in IMemndors possession or to which it has access losing to Hazardous Substances any anticipated post-judgment collection services,the coal or unuchtng rewrtls,obtaining live or Environmental Laws and the Property and the operations condu[led on the Property,Including reMns(Intruding foreclosure reports),surveyors'reports,and appraisal lees and live Insurance,to wilhoul limilavon results of laboratory analyses,site essessmenls or studies,environmental audit the extent permitted by applicable law Intlemmlor else will pay any court wslo,In iddlilon to all reports and other consubariV studies end reports other sums provided by law Inspections. Lender reserves the right fo inspecl and Investigate the Property and operations m It Governing Law. This Agreement will be governed by federal law applicable to Lender and,to the at any vine and from Ome to lime,and IMemnitor shell moderate fully with Lender In such, extent not preempted by federal law,the laws or the Slate or Iowa without regard to In conflicts of Inspection and tnvesllgalions If Lender at any time has mason to bedews that Indemnilor or any law provisions.This Agreement has been accepted by Lender In the Slate of Iowa. Occupants of the Property are nor complying with all applicable Envirmmenlal Laws or with the requirements of this Agreement or that a material spill,release or disposal of Hazardous Subshence. Choice of Venue. If there is a lawsud,Inlemnlor agrees upon Lenders request to submit to the has occurred on or under the Property,Lender may require Indemnrtor to fumish Lender at jurisdiction of[he courts of Johnson County,Slate of Iowa Indemnitor hereby waives nullce of Indemnilor',expanse en environmental audit or a site assessment with respect to the matters of acceptenm of[his Agreement by Lender —in to Lentler Such audit or 9eaeSlmenl snail be performed by a quahrled consultant approved DEFINDIONS.The followma mpinlaed words and terms shag have the following meanings when used Exhibit 40 to Petition Exhibit 40 to Petition 1 I E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:12 PM JOHNSON-CLERK OF DISTRICT COURT HAZARDOUS SUBSTANCES AGREEMENT HAZARDOUS SUBSTANCES AGREEMENT Loan No---'2326 (Continued) �nilPage a_' r "r t '�sr ice} Loan No: '2326 (Continued) Page s in this Agreement. Unless specifically stated to the contrary,all references to dollar-amounts'shall mean amounts In lawful money of the United Stales of America. Words and terms used In the singular shell Include the plural,and the plural shell include the singular,as the content may require Words and GRANTOR: terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code: Agreement. The word "Agreement" means this Hazardous Substances Agreement Y this Hazardous Substances Agreement may be amended or modlfied from time to time,togelherwlth all ALLEN DEVELOPMENT LLC exhibits and schedules attached to this Hazardous Substances Agreement from time to lime 4 Borrower. The word"Borrower"means Allen Development LLC and includes all co-signers and By: co-makers signing the Note and all their successors and assigns. Jesse J Itan,Wember of Ago-0"Plopel LLC Environmental Lawn, The words"Environmental Laws"mean any and all stale,federal and local LENDER: statutes,regulations and ordinances relating to the protection of human health or the environment, including without Ilmltation the Comprehensive Environmental Response, Compensation, and Liability AM of 1980,as amended,42 U.S.C.Section 9601.at seq.("CERCLA"),the Supwfund HILLS BANK AND TRUST C PANY Amendments and Reauthorization Act of 1986.Pub.L No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801.at seq.,the Resource Conservation and Recovery Act,42 U S.C.Section 6901.at seq.,or other applicable state or federal laws,rules,or regulatione adopted pursuant thereto. x Hazardous Substances. The words"Hazardous Substances'mean materials that,because of their Jace N.Batley,VP,Co rclal Banking 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,healed, stored,disposed of, generated,manufactured,transported or otherwise handled- The words LIMITED LIABILITY COMPANY ACKNOWLEDGMENT '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 fractlon thereof and asbestos STATE OF_ •;I;Dja ) Indebtednose, Tho word'Indobtedrioes'moans err pdr=cipaf.Ihletesl and lady fee&esd nu+er _1 )SS amounts,coals and oxptrl pa under the No]e or Re'atod Dommenls,logelher watt a:l COUNTY OF a-k n5, ) renew sls of,extensions of modlflcadl of,consolidations of and suhst luhons Iur the thole or Related Documents and any amounts expended or advanced by Lender to discharge Indemnllil 1 1� ' obligations or expenses incurred by Lender to enforce Indemnllors obligations under this This record was ocknpvfedg¢d before me on L �9�./ 14 20�'�by Jesse J Agreement,together with Intelon such amounts as provided In this Agreement Allen,Member of Allen Oevekopmen[L-C. Lender.The word"Lender"means Hills Bank and Trust Company,its successors and assigns Nota. The word "Nola" means the Nola dated October 14, 2022 and executed by Allen .✓�" Development LLC in the principal amount of 5691,176 00,logether with ell renewals of,extensions Nalary Pulik In and f he Slaty ed or,modifications of,refinancings of,consolidations of,and substitutions for the note or credit My BEN T" agreement camrnkaren espl Q^,�T•]A44 Occupant. The word"Occupant" means Individually and collectively all persons or entitles occupying or utilizing the Property,whether as owner,tenant,operator or other occupant. Property, The word-Property'nin]W of IndemNlo-ee nghf 096 pod+Mill In and to da the Property as described in the-Properly Description"section of This Agroomea lL Real Property. The words"Real Property"mean the real property,Interests and rights,as further LENDER ACKNOWLEDGMENT described In this Agreement Related Documents. The words "Related Documents" mean all promissory notes, credit STATE OF ILA ) agreements, ban agreements, environmental agreements, guamn0ee, security agreements, nwngages, deeds of trust, security deeds, collateral mortgages, and all other instrument., — -\ )6E agreements and documents,whether now or hereafter existing,executed in connection with the COUNTY OF �l(� u ) Indebtedness. fw�,f EACH PARTY TO EEMENT LEDGES AGREEMENT,AND HIEACH RAGREES TO TSWTERMS.HAVING FORMAL ACCEPTANCE PROVISIONS LENDER IS This Mond was ackawn4edged before me on Cl!/fh pb I� _20�� by dace N. NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. THIS AGREEMENT IS DATED OCTOBER 14, &Ifay,as VP,Cvntm.tcfal Banking at HNIa Bank and Trust Company. 2022. INDEMNTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. Notary PbH.In and lea me Slate of .I•y GNDY MILLER My commission expires I I—ry-}'j s ca*nn Ikmdn7sTHt Exhibit 40 to Petition Exhibit 40 to Petition 1 E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT z-7� s PROMISSORY NOTE f ••:-, } _ s.1 PROMISSORY NOTE - •,f :, ,_ /y WRI No: 2327 (Cantlnued) Paget P,MWpM w!I AY fdalar+11T Lean No fMIC" eeeun9 QRYAf 1 r S8H.90RA0 tD•S420Ys 07.1+-702] 't3M urLde 6229 JXfMiL �::...e,ol.N da<-ww man lawrawn w:A wy mu.mmm ■,Ymnaw rr awrl was a�TO,Ia�YarM pv WpaerRa Fcr+'/•a YF�Wrw�banl.alse.:aar WraePw r _ YItr le Nn.FlP11gP I�•w•wey rr1—*7 an euUMl p^Me of MY a6ar+.n mn rn M.Er•rown./wr rw .•awa 4i er IrraN•-•. •, lrAYrlti Arwwp 1%r rrt%Ar.arwrlo Dry uµtx nY+aivr Lew,Lara,r.a'srnad.TaH f•a[rS++r yv nprau.wmr•r Borrower. Arian arvelepmaM LLC a0r •Lend- m HWI BanYad Twat Cp y r ria tuarApr wdgy rdlq Rrarrrq'alm as wEaluw•agy,Orarv�lrr fa NrerR ugafY PDau Ina scum Green f� -' II roav onr fILrfrrWl�wll am rrxw nrµprwne e9 r-0raE.r W.Wxw a+r d"pal r+ern a°a.^'>�" Iowa CHY,74633N 1]I NGjIb.-rl,PG Boa 1e0 r ' m<prov10ed OY law Nlly IA 62A]6 L I GOVERNINOuIAW.NlrOu nnwrd b YAcwll�cu oed f �orleun TRb Nlou Naaeeen-pad by Le der M ti,r 5ldeor v IM1e laze of Ecor M9 6TiE mr Sute or Iowa w CIA-ECFVENUE Il merouauxauH,Bwnwer epmLudon LenoeM1 reAueet to avC:MmmelunatllGnn vl me wuN VIJMMon Counh, Prlet"Angart$50.950.00 Dale of Nato:October 14,2022 M wMlaealrw r werrA.A+srrtA..ALr Wlpelw w w.w rMEn..Nwvww.we 1.ry.aael.r•a.a]a•=aw awAv•.+rR,x,,ar Nr.wrlwwrr rnr9,..u•warx9rKrTl.awwg rwDwrarw.r+,rralepwLaa.lwr+N=qrw.+.aq.i ■pwsbpbR.9woOf wC2.dTax� rO•]wf+F+.r w.9.wntY+•LRwn.rweam..ane.e.,nMr l9a.auaea nrnLel4ueeeraev p'.Ale}nrrN nl.R.v,exr.aeawY,anwpew,e,+lnahca•W:ro.+.erramwuma.arannW• wrAr) m fe xava�awsr LIHv -at %111com Wwbbaw s r.ibed.•mrarf wrorvpap fp Ka�aR.aN,NnalwwI-eewn9nw[iafa raaaeaa,+:r:aa✓.+•'yawnlrs.e^xra 4+Iyn11aY e+A.Tec%pran•wfr.+rrrliarw AaA A!F N+rm�+ W+1Yp,�w.of arrAYr9prAw Iinr.F�wy Nwn rl r.paecaC+agaaprfe lernrlreaver M.9.ay irv0 wau4'-.-rw wAw NaAW rMweW d.6*&l-1pwxn:lw n•f t1+NaaWrMYrnaW aa^EbrA1d r9lrr lve•'A"nr"Aa�IeJn -gI`ai1 Arm.OYa rrali.. CGLIATEML Bormxer adm«'eCpes Inls Note n mwrcd Oy flYl ENab L1Onpepe detail 10It+/10Za on,Lal B2 Glow BM]e Eala4a Par B MTIXNT./Naawp�AarY raY Lw b r IAlIA+M W N arxrae�l r,reavM lA.f rulary aylle mbrnt m Arb 91303a.[yaa 122fi COWeUer am lowO CITY.IA 522e5)6 UrUmaee Guemnh Bald ayT1RDtB OIJnm J.AAen. +Henna erg.larlAeA 11 ppealr MxL plw^bweF aalka YrYRraa.v.e q:an raaTaa.11len to a:lM1.W srTaN aN r pdwr rnwmL ar w rlear.rw,r wlnrlAr k L++f1A•]aaer'.as Aavnrn n wrmlll"k rw, a+9 Lrd�P�CA1aE-]r nr.rrdwa:y.+xarel,r of p.eea 11W amlaM%pwyr�r eriR nrpw pynwre nee rrr»•r Iredlfaf lardan Wyallevew•armaw"-,AOe,rLaw,wr+rFynlF w.te•b saan+:naeei Aver-,l, vat ry Nca warp ra9rprryw+nm•la F' Yx'a• M f nna ar�ax M iximum INTfAEST RATE Uder ro cbamNamaa will me mlareal n;e on IM1U NM<.rned leawpl for enY M19Mr deNult plo anown a wa naTiaY^.N m•faaW a1 S1KWex a Y leMa•h Wp aratl[d u LrA+efl trap YMwn axes below)UIe bear oI 1B 000%per emlum Or M1rc marmum rye almwed,.paldab lOw Iplavra[.nv1 r prapaa W rMapega ll aRrele w.weia.wa slwxl. plroa Lef k aarlM v.9F Lear wMeN L•+N rxI..a,`Ir.1 Yweps�A b..nlaw lr Nw P"t+LwweT ermabra ri,.+U Iwi.,m wpalµy reaewle q IrMsya INTEREST CAL 71tbN lCORIO0.UWene MIXa rHr N lerl/R"M•irprlLe Geb;all b,by apphmA Ne nue d Ina Imam)me Ny n.wal rr p,aryW lay.Ga,.yAy bLe,au rAudrN reaaer•erLne a.M 6fxl N rwray Eewm wwrrA.r+rw.r x•lrr tl m Aar,MIA"A IM+valreW yll�Mab.r�.r•Fr"OY ma vctml numo.r al dap my p—M wrnu m alad a ei M a�aa,AL.er.a Ar Grar+•wara Len AAr.aewx. 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MUN IMMLOIYSNT LLC Ll.yLLIr IwrM.g9Rp M,lew"r ar r9alra gYnlr„w�rn dr.nr•,I rlmnly Tn.L wewd yre•xrpry WAey,p..,p�a:aran wrM re[a r awrraYrwra may AeaaL w.T fraw�m•aLr arrr�F�r•.11 M M rrwr u 1.':laaM prpcemmp a m AxxH Or +al IW µcAay,w Y e.Y AYKYaL a ra•ry M amHr BY Je.ca J Ani Mmlw Pm m LLe rd Allrn Derr EFxuUm;ANMman1 M IYMmanl M lewd awmal Ur CCEaury end wM aenagn pr yurllmnnl b not ml ae:d cdryd w xvYee wanln Nldy(]Ol dry.Rer me men:a bvRd GMWlaft"rpuck Anwrai Aryl w'w•no-YW emvYwar.p,JWp,Ip WrlYn PJEr.rnieon..ueer-advpled ,._..,.o,...h,_....,�...... ...•..,........•..�......,...,..,,..,, aria•�ir'�Ilal�ea a'Da`:�.iwa w�w`.'er"Fn ie w'�n Beni,-rr+�w�r»�r•a�+ayawn Ar�ne:�Wae rvuol.yenl. 11Navi lSrr.0lnw LNn lbewlMR ApaTwlt reln•.rw try alrw r•4bL,Aid aJ moLY r�.p+Xarvrl s.rrrq a:aY aY A dwCtLMM Ripest ulwra a.rr.abl eF•Munn-m ma w-+a xT erYrr,mr aT+1 al•ry resit.w.r weva•t NRxaf OarV wWraul MRwuas.Md•Wp Rla00o a0l apxnel Ae:•pu me lelJeAt Brown Yrwwpr se.aenL uuwaem ,Iraae.er eeeaenrtArirawnYemn.vnlmnwyt+Ae+.i.NOm m.Lwawd]f•.xJ..v gverm�awnr =wnwnl Io rrtIIN aucM1 IcaAmenl wen enbr" AnxUng Gwmmr.An,d w 11.1,o epnb Oran mIR)Biwa l0 arty Guxanldr,a any doer gulranlw emvreer,aurtN, s .ppNiy.en1,a d me maebdlwuus Vro vsPe,Isra fl or Ila any olMr puuedpr,erl]arur,surety,Or ecrprunmemn pony w bvmnea m- r ramtae w Y o Nay uMer,vM puanwy of IM pldee4dnesa pilenrxd by m:s N^le Aevane CI—ALA mebrbl 1-1 d—te access m Bwrowe 1 rMncW wnRuon.w Lender brio—me p alpaca of wymenl w wdarmanu of Ur Nda p«rae Lun ProvNwM.If any tlebWL omerman a Eerull m wymmL r wnme eM II� Bwmw11 Nea mt Oven peen.mtee of v beach vl M1.�wran vl VM Iwr widen my p warp MxNe In)momd,n may Ee are0 11 Bwraxer,Diet Lamer sm0e wnllan norm lO wa•AvlYy�i+1�r �Wair le'.arp«aralgWaareagAwfanrar vlvarllta)cure mvr.bawprmRerw,luwlsaand 4YAf1YL AaralOaalf itafrr[nra•I Mpa e+TOrV to ieAe+ +wa w we x re..vrodY Nea•Id LENDER'S RIONTS.Upon d-11,L.—mW dcllre me wI.-,lbI gmOwl dlence urber Ina NWe ad vl aalud vryntl m— Exhibit 41 to Petition Exhibit 41 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM J0INSON-CLERK OF DISTRICT COURT BR 6434 PG: 97 RecardW:20/1712022 se 1LI832.0 AM v County Recording Fee:$57 0) " Iowa E-Flhg Fee:53.00 j Cambined Fee:$60 00 , Revenue T.. , - KImP.IrtarRECORDER } Johnson County,Iowa FOR RECORDER'S USE ONLY FOR RECORDERS USE ONLY Prepared By:Jeff Aumm,Hllh Bank and Trust Company,131 Main Street,PO Box 160,Hills,IA Prepared By:Jeff A....,Hill.Bank and Trust C]mpeny,131 Main Street,PO So.160,Hill.,IA 6136,1800)446-5726 52235.(800)446-6726 ADDRESS TAX STATEMENT: ADDRESS TAX Development LSTATEMENT: Allen Development LLC,PO Box 3474,tows City,IA 52244 Allen Devalopmenl LLC,PO Boa 3aT4,Iowa Clry,W 62244 RECORDATION REQUESTED BY RECORDATION REQUESTED BY: ;Hill. Hills Bank and Trust Company,South Glhen,131 Mahn St—I,PO Box 160,Hills,IA 5223Hill.Bank and TNcI Company,South Gilbert,101 Main Surest, Box In,Hills,IA 622]6 WHEN RECORDED IAML TO, WHEN RECORDED MAIL TO: HIUN Bank and Trust Compmry,Attn:Construction Dept,131 Mein Street,Hills,IA 112236 Hills Bank and Trust Company,Attn:Construction Dept,131 Mein Street,High,IA 52236 MORTGAGE MORTGAGE 1001IGE T0L M IIllnv secures credit In the amount of a64T,00D.D0.Laurie and advances up to this NOTICE:This Mongags secures credit In the amount of s647,00D.00.Loans and advances up to this Nomura.KyMMi,with intereal,am eanror to Indebtedness to other creditors under subsequently amount,together with Inleresl,art senior to indebtedness to other creditors under subsequently ma dod or flea..N.gON and Ilene, recorded or filed mortgagee and Ilona. Ita nwirs at a'1 wanl4ri{lanwMr44•Gra:4or]rx,a.f-ream pegs t vF y.s 1�agape Trer name• The names of all Grantors(sometimes"Grantor)—be found on Page 1 or this Mortgage The names of am G—ta.porsYmrs under-)can to fWrcl en page 1 of 11,1a.Ldca il.Tree p,aCwrs wereas or all Ora0;e4.Sticume xr4s-atom]tan be Jared on page 1 of two Asp[tpFg6. The property address eon 00 feu A On090 1 0 L&CPfF 94 TOO legy NW46M tan tO nia a on[age 1 0 this can to 1p on p48 1 OF tines Merlpeti R. a con be deWAPId Le faonf0 on page 1 of this 0.4200.Tro lwarcit laenrr hen r.e+ber eai y I4,Jn10,OW s of 4N.IMrlpi,7t Mort Te g Pqe- pxc41 idpnr44ran narroer an tx wand on pees t or IMallorfgpge- IWO MORTOA08 dated Ocloisr 14.2022-Ir made and aaatuted between Allen Development LLC THIS MORTGAGE dated October 14,2022,Is matle and executed between Allen Development LLC frafered W bsfaw No"61snfuej and Rld.8atk and Tmal Company,whose address la 131 Main Straat, (relima d to below as"Grenloej and Hills Bane aed Trust Company,whose address Is 131 Main Street, PO Hex 100.Hft IA S=500feand to bdmv No"Leader}, PO Box 160,Hill.,IA 52236(rehrred to below as"Landed'). ORATI'F OF MOR70AOE, Per val."c:nsidarsdon,Oromer f 2sp a and cOw,oys W 1Jmder and GRANT OF MORTGAGE. For valuable consideration,Grantor mo e tl conveys to Lander and dryers f0 LarWN 4 eeaPeJ ootho,Iftles In eN 4t 4d.ngN right.vu wq in d Ind 'lo M�w tire fWer.Nnp Jr•n to Ler•aef a sawu, ur:a 9 a.a0 of Gro tlGrs[ N,M.Nm eeerea kt and m Ute 1 deeerxea fe4r prdparry,1Lpeewr wxn c a c . m au 4,"1 tly er.etee id Nrl Ned avxdut N de C °b°'Y q -MI.winch one Mee:ram.and dAth ru eg—um e,r of a N•vIy-w app,tlhny lg n doscfkea nu+pee"I'll fg7dnem wdn a esto fir sui..9mnif a y. er NWIrod iwlsn Al ,Hof.vtv rlpTre,wateaos.nay"em1 lash W4411 i.td,ev+p opxe n WYn er'4h"0 a•k[fpataa Impnasovm ghi fnlom-c ors sae cr o -MI Ww4di took l of way.aid a� __-.. Al rlBltld" t 44 a/spry!",Ols•mode utd fsk4 rehLng m she.real misaAry,reed In sn.— w4rM, Mo it o w419"W 1eei one darn riot n IbrGUlfnp 0 MO at Pre wish 1torch.01 Of of IUIOrl dmeamat ul.1Io N,ea.pen,gepulsJmd are aL:fYr raee+s,tmo'Reai Prapsdyry fovtsd In Jonmart nphts);Pro re,o'sxn. 4.4;•fphakdas,er,tl p Ih rnfla tithe real C4ueYJ,acts sl Iowa; 147,lMwn al IleeCfael,mL qas,gCMJtCmr,af ax usW rAaaers.111re"Real ��,��wIGSpH Lot 02,Slone Bridge Eareln-Part Eight,love City,Iowa,according to the plat thereof recorded In County,State,of Iowa: Praogty"I beeWb n JOhIt{On Book 68,Page 7.47,Plat Records of Johnson County,Iowa. Lot 92,Slone Bridge Estates-Part Eight,lows City,Iowa,according to the plot thereof recorded In TM Red Property or No address 1.commonly known as 226 Colcheclar Drive,Iowa City,IA 62246. Book 53,Page 247,Plat Records of Johnson County,Iowa. TM Rest Property parcel Identification number 1.OB07410006008. The Real Properly or Its atldreac Is Commonly known ea 226 Colcheclar Drive,Iowa City,IA 62246. s UTVAE ADVAHCF6. 0o epoltlpn hp 1Ae Hole,fn,e ltaieNgv secwee k lulvry rcvatun macs ply The Real Property parcel Identification number Is C907410000. LMd"10 Gfa'sr whaln4r or not fnd advarm I'm n a0e auraeAN to a Can wbnadl, PUTURE ADVANCES. In eddAor to Inc Note.Ilea Morlpeps ixwes all kd vr[ ed,lince.made b( wHnem4 Lm1a04N tali fl4,rpaga Gaps a Ni:a the amounts sAeclre4 In Lie%'cW,r W.. Lender W 0—Aar Whal Or not lies acvarces m4 made sa nuaar4 to a CMumi"" Srxtaseeuv, u pr meunls Ler b Yleooe dsr In Ic mx Wy to"to O— .Ingelner wrote sf WOW meraen;rxwawr,In fb vnNtet4 m tah [his Mcit 4bjr teiarea.In e556gn t0 trio om ovi%epecised In 1hr Nw.c.as 9laRe e"'I Nam ouch ware amuse IerL�+O xao,eW a:op,J in 1M atiMmij ze M47.DWJDO- amounts Lender an ds di—lmn may loan to Grertor,to gether ogether with all interest thereon;however,In no THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE event shag such future advances(excluding Inleresl)exceed in the aggregate$647,000 00 RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE AND (0) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS RENTS AND PERSONAL PROPERTY,19 GIVEN TD SECURE (A) PAYMENT OF THE INDEBTEDNESS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: AND (9) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS PAYMENT ONO PERFORMANCE.!rapt as otherwise provided h this Mortgage.Grantor eball pay IG MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Le--bh arrevnh=MJ by'Lha Mortgage as they become duo and shell strictly perform all of G:anpKs*VW"uilcr tM A'.anpapr PAYIREHi A114 PFAFORALAHCE.EaSep1 as otherwise p rovided in this Mortgage,Grantor pay to = LVOV 4e smcvetle 1-04 SF we,Mortgage se,they 1—are due and shah strictly perform a0 of Gri l'R ae gauons umlFf Yas Mongagr. Exhibit 42 to Petition Exhibit 42 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT ' E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE h a '•) MORTGAGE Lon No:=327 (continued) Page 2 - Loan No: 232T (continued) P.g.3 1M7n.9ES51ON AND MARItIkRNCE OF 1HE 1`RCP9MY-yNanlar sign"shod rdntapra 1ldfeelaldn shg deliver to Lender certificates of coverage from each Insurer conlaining a stipulation that coverage pre at Zhu Proparoy this Oe gnyrnW VY.n 001"PrPhsponL' Npos at the cataract,for the will not M cancelad or diminished without a minimum of Ian(10)days'prior written notice to ptdsbasees+.co"MIdns ar4 we Of tits gunnel rgMr-rote3 tit'The Nrdeelfil"91 will u iekdd to Lender and not comainlre any disdaimar of the insurers rrabllrty for fallum to give such notice prMw (11 Agneuhural psands Or Pfapsfty used W an et,ddulatfld"POM..Wicad n lewd Each insurance policy also shad include an endorsement providing that coverage in favor of Lender Cap Sedeon W5 13.ty)Aga—Lunt was n-Could an hove. "Cone Sewan PHI M W 1752 V),Or will not be impaired in any way by any ad m,onussion or default of Grantor or any Other person (3]Rpprly wau far x 3yKWrv+p1 ejrpase"YoWCO x,idp&Ce,Sacaan S70A f 4'1L Should the Real Properly be localed In an area designated by the Administrator of the Federal Pplf"fka and Uu. wind tf.e occurc,-.ra of an sarA of Wf.uy.Gflvar rrlry (1) r...in in Emergency Management Agency as a spatial good hazard area,Grantor agrees to obtain and a bit and control of the Pro 2 u t mane Ina Pm maintain good Insurance,if—Ifile,for no full unpaid propel balance of the ban and any prior posses perry; ()use,operate or manage sere;and(3)called Ilene on the property securing the loan,up to the maximum policy limits set under the National Me Rents from the Property Flood Insuance Program,or as otherwise required by Lender,and to maintain such insuh-as for Duty to Maintain.Grantor shall malmam the Property In lenenable condition and promptly perform Vw 1pm V the loon.Flood aWu c*ii may to puaulasaa under the National Flied Insormsof all repairs,replacements,and maintenance necessary to preserve In value. prgparn,from Priydm insurers pow.mg"privalo flood+nwnince"as derned by eppi cuble lep.el Hanrdou.Substance.' Grantor represents and warrants That the Property never has been,Bed %sad"..,ranee s iw and heguleu0es,or flare anothe good insurance pmvdea mat is bars drs wet m r teat,"line Manurial.hil a LM K•pre Rhoorry,used for Ra g@Nlw 1, acceptable to Lender in its sow tlisuebon and permitted by applcable federal goon l nsurenw m.lvdsdale,elpet,..lowtmehr-ea.mwo,rrleae. w.,ifoa0tl nW—of any Nara'osx statutes and regulations SWe+t+nCe n neu.een of—,Ewhinchnnlaf Laws. Grantor m.helyeL Lander ens lie.gene m Lenders Expendlluns. If any action or proceeding Is commenced that would maled.1ty effect eeM uses qk Ptc,Perly fig maxi such M&Pdc Ya m4 taste e3 LWar ma}'Gpm approodw.1a Lenders Interest In the Property or N Grantor falls to comply with any provision of this Mongege or dawfrrirq C0T;C=of lip lim"Ity with INS seclen Of Rla faaepaga GraMu ii—ty t1) any Atiked OataaNa b ercr-.ding bud o%U%fi d t9 BrWers!scum to deebgfge Or pay 01—due lelesa.s aid wv. any luhvo Wirer egavvit Lee-&Per ar4ganriry,w cWeMrU d m.rent any aaaaAM C-mar .f.ownd to mlehege of soy mime.cite Mcxi tie or wry Ra'ated Glannr bncenNa t.bw W dmnup a pm n—M'Adw"h.h I—.one t21 arfraa Io Dee—rho LAnOar Orr Otavnals tense raw(W aNa l runt ea opgMvd 10)take say avian that indemnity,defend,and hold harmless Lander against any and so clams and[.area resulting from a Lfneer ddsma.pgeepnale oa ate Pfppa.y M-0 Pat,.]al seals ter xnurlat,,eneswlnM sea breach of M15 paragraph of the Mortgage.This obligation to indemnify and defend shag survive the IKHNY g$Is eraparty. AR uen ahigoi ni MWrree or pod by Isneer far such PVOWie!--- payment of the Indebtedness and the satisfaction o1 this Mortgage rhea way"Wee,of Lie eta rusuga!wndet 0.NOW fruit me fade vKunso a Paid by L-&,to CONSTRUCTION LOAN.The Improvements shag he completed no later than the maturity date of the the Ran of raPgnant ply CYPalof.AV.heh a Ml l wit bvcama s Pins Gf txe Irhmtblaerusw tale. Note(or 61rCh eatllar dale Bs Lender may reasonably establish)and Grantor shall pay In lull all costs and of Limkws Weary coup to be Pry.Ne en de—'k(21 ed added to the pow"of Ins Neel nod sea In onviawriter dal ra1n ate r may Lrncev wee a Ush)a Kan store tie pay In l lull a l cost W be apppnWnM waofrg W1d 0.wMaaw with airy Instillment paymerW W became due during either eraaa1.11."Lrespr may deem MW.PW naaaaaary M allure Vol she xOoroY rmelea try thN la) ed tern of any McnewsbjXiCb 1,10hWiDu L11 o due or tb)pre t the N01 Ned of Ilse tA:e;or(3)be 3,flulgaga tined-ale prnhfy over of p UVO tees,n-.rxnrq li—of manrilt yyryeen ache wMmen VeP:ce as a 4xexn poy[Mni,sdrecfh lulu pa due end rayed el tire NOlre fnyry¢y, L.hacr my tpquve,among mhar Wisp.mot tlrsnuelemenl"Jestp to WSselial W recatpted aces. Warranty;Darenae of Title. The following provisions relating to ownership of the Properly are a e.P-4.ffid-ft'.wyrt+we of item•omhwur bw progress raw..ado.uch aster Opp rW inn 4 part of this Mortgage: Lender they ,eason id ty request- Title. Grantor warrants Thal: (a)Grantor holds good and marketable Nile of record to the WE ON SALE-CONSENT BY LENDER.Lender may,at Lenders Option,declare Immediately due and Pagpsny In lea—gb.has and cNar of go tam.a-�crew than scow"1 fat"m ParWA ps sums Ww"try raw Magpage upel the sale or trefntet,wuphpul Lowell cool wdnen Me Rr+1 Properly psrraGm or m are pre laswimoe poesy.9'.re report or hnAg title oPwpn Ccvtpgg.of ed ar arty Parr of eta itwi ROpafer.or any inlaf"t a nit Rau PraWy, A•sash 01 nnud A favor of,and acre Ged by.Laaeca m coennaae wan LLs Msrtpage, ire Ginnie!Ms fill a fntarW p the sahM+e Of IOW Paeasf7f or any fight.ots a ydte"t In 09 Rs W POP-MT, full right,power,and ewhority to exewte and deliver this Mortgage to Lender,and(a)the whether legal,beneficial or equitable;whether voluntary or involuntary;whether by outright sale,deed, liens granted hereby ere not the type of lien referred to In Chapter 575 of the Iowa Code undallment sale canlract,land contract,contract for deed,leasehold Interest with a tend greater than Supplemen Its now an+dea Or A—li madded,"acting or npl.rea Orarmof,for b9ea RUN(3f yew!,talwaPuon calmly Am or try 1"..11Wresel-or Yan+!er or pry bpn.fppr reeds!rn of qrd Y W. da ;rQ by,tNr"k W Under 4e,IMW,ag+Csii oral rr dA!,ae toe Len ar,apt le e to run}land fto holding pile n the Reel Pr*rAM.ea ey airy eahsa anemed of eenveyfnci 7l1 Vaar.st rise of Ire"mnlsmP'oWe by C";dO 575 m Air PNeM chaDfan Of IN Loon Of lava ere K Reel Pfaplay N any Gorses w a-gwri Sits,YartAefanlp at hil b.b3tf�elly.Venx!V hMhef wawa/am 110I W a puutanl to sad bog w1rh lawad 10 Mil/ant h 0!cy stun ahcinda.any ISYNCWnnt,of we untie;polity.(eM!her byrnil N ,m W Mift-Llfl u•! 9mMed.+toe rePnLan'M and wrarfsfus Met a hs W ale pare"Mo to do s0 are PI—n u ange noiwMnlJp e}fnc+a than twaf,p-hve percent t20%)of ea ve]rs,week Whadship Interests rrf".do*4.yid Mel Peerless Lsndrrr,from Arty loss,dan ne,end toss,mcluoIN Ou M,Mad haORTf Company atereela,+s tee oafs R"ts.of lath GWMV.f4mvinier,this option shalt rwamoblt Ppomoye'fees.LlroNmad m Buffered by Lender afilun7 either dlreepy or ndeocly trot 9a cxeresed br Livial 11 each il—a n Warit,.e0 by*".I MW or lay Ipre ww as a result of any claim of the applicability of said law to the liens hereby granted TAXES AND LIENS.The following provisions nelafing to the taxes and liens on the Property are part of Defenu of Title. Subject to the exception in the o0greph 011 Wf,rA*Wf wasmUi W W.11 this Mortgage: lorever defend the hue to the Property against the lsvnuArLsel ar all persona. Pymsnl Gump scree pay who,due(are x,WI eaVaal w lP pebhluaz.cyl all fl[2tl,payrte Full Perlamunce. If Granlr pays all the Indebtedness,including without Inflation all future woo.special nTa i.aanelr,Wk warer dnrgc%are t r/lace nutg"levied ageing or on advances,when on.and otherwise performs all the obligations imposed upon Grmtoa untler this eual of the PhOW1,►M 0n1I pay wean d.e aA clare5 far wade dons ea or IN mW4" Mortgage,Lender shall exewle and deliver to Grantor a suitable wtsfaclion of this Mortgage and rendered or materiel fuml9hed to the PropaM Glamor shah maintain the Pmperty frN or amy liens suitable statements of termination of any financing statement on file evidencing Lenders wcurily hevinp pnoaty oust or equal to the Interest of Lender under this Mortgage,except for lhow beds interest in the Rants and the Personal Property. Grantor will pay.If permraed by applicable law, specrfiesby agreed to In writing by Lender,and except for the lien of taxes end assessments not any reasonable termination fee as tlalennlneci by Lender from Nme to time due and except as otherwise provided in this Mortgage Events of DefaulL Each of the following ,at Lenders Option,shah constitute an Event of Default PROPERTY DAMAGE INSURANCE.The following pmvisbna relating to insuring the Property are.part under this Mortgage: of this Mortgage: Payment Default Grantor fails to make any payment when due under the Indebtedness Malnnn.nce of Insurance. Grantor shall procure and maintain porcias of fire insurance with Default on Other Paym.nb. Fatiure of Grantor within the time required by this Mortgage to rur,dwd axkizz cornet,.eadorki-alh m a cLiamwm oa•c I.Inc tvis wwaW.Sun make any payment for lazes or insurance,or any other payment necessary,to prevent filing of ca 9,M as rnymoxsrrn.nl+Nit IN Neal PropoAy M M emeuat Sp:tw.orq to"I Appkcd:an of•toy or to effect discharge of any glen ©naueaK.e dame,and wO d startle!MNIQuit"deuce m fmp of Leaser. evantat anal al ha ProCrns one mandam ramenhornvra ilmx +I-ab'!y.nraeaw M tech a 4,)h--%as Linear Other Default Grantor falls to comply with any other lemn,obligation,covenant or concilon may racusq with LmWet"nyrnad a)0004onsl al seda an such+abat7 wwaaea Paybel come had in this Mortgage or In any of the Related Documents Adds riy,Gtafl w stray ch—I ph ah.N tithe,msufbnce,mcardmp but and lrvlod 10 herald. Default In Favor or Third P.Alea. Should Grantor default under any loan,extensron of credit, buxinots noamlalm and Ood.l mwnnpe al Lendm mry rtaurrc Pdt4a shed wwneen RY u¢td security agreement,purchase or sales agreement.or any other agmemenl,in favor of any other ".uaurea con,powd,end 1n loch ldrm"may p n.M-*—0tapbs as Lender ammo,oral creditor or person that may malenagy affect any of Grantors property Or Grantors abdily to Exhibit 42 to Petition Exhibit 42 to Petition ( L 1 [ E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT T E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE i MORTGAGE Loan No: ti: i027 (Continued) Page 4 Loan No: 2027 (Continued) Pago 6 repay the Indebtedness or Grantors ability to perform Grantor's obligations under(his Mortgage _ or vacate any bulo rallc slay or injunction),appeals,aad any anticipated post-fudgmenl or any related document collection services,the cast of searching records,obtaining litre reports(including foreclosure Death or Insolvency.The dissoluium of Grantor's(regardless of whether aimlon to continue Is reports),surveyors'reports,aad appraisal lees and loge in—nce,to the extent permitted by made),any member withdraws from the limited debility company,or any other temunadon of applicable law. Grantor also will pay any court casts,In adolion to all other sums provided by Grantor's existence as a going buamess or the death of any member•the insolvency of Grantor, law. the appointment of a receiver for any Dart of Granter's property,any assignment for the benefit Shortened Radampllan,Grantor hereby agrees Net.In the evert of loreciosure of mie Mortgage. of creditors,any type of creditor workout,or the commencement or any proceeding under any Larval my.of Leaders silk ether,elect to reduce the period of redemption pursuant to Iowa bankruptcy or Insolvency laws by or against Grantor Cava ff a 62f 26.67e 27,err LVl,S.2B,or any other Iowa Code Section,to such dire u may Breach of(Other Agreement. Any breach by Grantor under the terms of any other agreement m i-s,4,pI—b,,.N pia'ridld by few. bewreen Grantor and Lender that is not remedied within any grace period provided therein, Miscellaneous Provl.lona.The following miscellaneous provtslora are a part of this Mortgage: Inducing without limitation any agreement concerning any indebtedness or other obligation of Granthr to Lender,whether existing now or later Gov.mine Law.This Mortgage will be g...mail by federal few applieble to Lander and,to the extent not preempted by federal law,the lawn of the SIM of Iowa without regard to ua Events Affecting Guarantor.Any of the preceding mania occurs with respect to any Guarantor conflicts of law provisions.This Mortgage hale been accaplec by Lender In the Stale of Iowa. of any of the mdeblednaas or any Guarentor does or became¢incompetent,or revokes or Chalcs al Venue. If there is a lawsuit,Grantor a Landers ra Ito submit to the disputes me vaydity,of,or liability under,any Guaranty of the Indebledness. green upon queer Right to Cum.It any default,other than a default to payment,is curable and If Grantor hea not junsdicllon of the courts of Johnson County,Slate of Iowa been given a homes of a breach of the same provision of this Mortgage wlddn the preceding Time Is of the Eaaence.Time Is of the essence In the perbrnance of this Mortgage Mn (12)months,it may be cured It Grantor,after Lender sands written notice to Grantor Release of Rights of Dower,Homesleed and Distributive Shen.Each of the undersigned hereby demanding cure of such default: (a)cures the default within one(1)days;or(b) If the cure relinquishes all rights of dower,homestead and dlslrloullve share In and to the Prop"and requires more than one(1)days,immediately Initiates steps which Lander deems in Lenders waives all rights of exemption as to any of the Property. it a Grantor Is hot an owner of the sole dlecreft.to be sufcient to cure the default and thereafter continues and campklee all Property,that Grantor executes this Mortgage for the sole pixpose of hadqulshing and waiving reasonable and be steps sufficient to produce compliance as soon as reasonably such rights practical. DeMlllons. The following capitalized wards and leans shag love the fallowing meanings when Rights and Ranadlas on Default Upon the occurrence of an Event of Default and at any tame used to this Mortgage Union spedfcally slated to the cantran,all references to dollar amounts thereafter,Leader,at Lenders option,may exercise any one or mare of the following rights and had mean amounts In lawful money of the United Stales of America.Words and terms used In the remedies,In addition to my other rights or remedies provided by law; singular shall Include the plural,and the plural shall Include the slagular,as the context may require. Acci ie"Ndelkadetao, LaMar a41i aaA Via i n der opUotL aRer 9"a1 req.- wows end terms not Otherwise defined in this Mortgage shall hs-e due meanings atlnbuted to such not.ca if a at dol NOW alien passage at any grace Period-Period.u s declare trial ardor likaeiednna 1 ear n lee a hhcpmmL arrede ow aria paffif".mending ally Ixapry+r.na ponAirrf that Granor winded pit Filoqu qd n 8vlrmaer.TN ware-Ddnhi car r-osss Arch Deaalwmont s:C ales Ocuidn al co-xgmrs aM1 to pay miff-t roan,•ssazzlsl as mar tie fooprOLssf Mquxaa by 094'allo,taw 04 kara 1g..0 ua lace a.'n as Ina,waxeasws—a p,%. UCC Remedies. With respect Io ad Or any part of the Personal Property.Lender shag have all Environmental Laws. The words'Environmental Laws"mean any and all elate,federal and the rights and remedial of a secured party under the Uniform Commerdai Code local salutes.regulations and ominamces Willing to the p:tle lion of human health or the Judicial Foreclosurs.Lander may obtain a Judklel deees lorecfodng Grantors Interest In ail or onvironniefil, including wMoul initiation the Comprehensive EmAronmentd Response, any pan of the Prapeny, Cortpenselion,and Liability Act of 1980,as amended,42 US C Section 9601,at seq NonJutlicisl Foreclosure. Lander may exercise the right to non-judicial Idadosure pursuant to ('CERCLA'),the Superfund Amendmanls and Reeuthal¢atiar Act at 1986,Pub L.No.99-499 ("SARA"),the Hazardous Melellals Transportation Act,4B DS.0 Section 1801,ell sell,gie Iowa Cade Section 654 18 and Chapter 655A as now enxted or hereafter modified,amended Resource Canservadon and Recovery Act,42 U S C Sedion 6901,or s.q,or other applicable or replaced. slate or federal laws•rules,or regulation adopted pursuant Ikarely Other Remedies. lender shall have all other fights and remedies provided In this Mortgage or Event of Default The words"Event of Default"mean and o the events of default set forth In Me Nate or available at law or In equity this Mongage In the events of default seclion of this Mortgage. Sale of the Property.To the extent permitted by applicable law,Grantor hereby waives any and Grantor.The word"Grantor"means Allan Development LLC all right to have Me Property marshalled. In axeroeing its rights and remedies,Lander shall be .Guerenlor The "G free to red all or any pert of the Pmperty together or sepanslely.In one sale or by separate e worduerentor means any guarantor,surety,er accommotlellon party of sales Lender shag be entitled to bid at any public sale on all or any portion of the Property any Or all of the Indebtedness. Election of Romedlea.Election b Lender to d had not exclude d of an Guaranty. The word'Cispri means the guaranty from Guarantor to Lender,including y Pursue any tome e s par tie" y w,tnqur fmltabaf a gvdlonry of W or part of the Note ether remedy,and an election to make expenditures or to lake action to perform an obligation of Grantor under this MO age,ge,after Grantors failure to perform,shelf nal affect Lenders right Improvements. The word"Improvements"means all ealing and l im ulure provements, to declare a default and exelclea Its remedies Nothing under this Mortgage or otherwise shall buddings, structures, mobile homes affixed on Iha Real Property, facilities, additions, be consined so es to limit or restrict the dghle and remedies available to LaMar following an replacements and other castruclion on the Real Property Event of Default,or in any way to limit or restrcl the rights and ability of Lender to proceed Indebtedness.The ward"Indebtedness"means ad principal,Interest and Isle lees,and other i iractly against Grantor andfur against any other c0-maker,guarantor,surety or endorser and/or amounts,costs and ex together to proceed agBmal any other callalBrBl directly or Indirectly securing the Indebtedness, ranswats oI.exlensl011s of,modifications od ificatiia s of,mnsotidedonli o land ua bslllulions for the Note or Attorneys Fees(Expenses.If Lender Institutes any suit or aclan to enforce any of the terms of Relaletl Documents end any amounts expended or advanced by Lender to discharge Grantors this Mortgage,Lander shag be allotted to reco such sum as the cour may adjudge obligations or expenses m to enforce by Lender enforce Grantors obligations under[his reasonable as ahomeys'fees at Mel end upon any appealWhether or not any court action is Marlgage,together mill intansel on such amounts as prwld.d in this Mortgage. Specifically, hrvolved,and to the extent flat prohibited by law,all reasonable expenses Lander Incurs that In without limitation,Indebtedness Includes the future advances set forth In the Future Advances Lenders opinbn ale necessary at any tlme for the protection of Its interest or the enforcement providon Of this Mortgage,together with all interest thereon gf Its rights shall become a part of the Indebtedness payable on demand and shag bear interest Lender.Tho word"Lender Hills Bank T t the t/oty rate IfOm trill,dole 01 the-Pe—w it acpad. el ernes cp insaneisenk an Trust Company,its successors and assigns by pda ens paragraph I~ m Wr,mhtad falufeeen,rowey4e WNW 1e a%tle under applicable few, Mortgage,The word"Mortgage"meal this Mortgage between Grantor and Lender. Larders all~lees and Lendeld m9M axpenms,soh"r or rot there is a lansue, Note. The word"thole"means the promissory role doled October 14,2022.In the original includingetlomeys'fees and expenses for bankrvplcy Proceedings(Including efforts to modify Note. amount or S649.950.00 from Grantor to Lender together with all renewals of, Exhibit 42 to Petition Exhibit 42 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT e E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE Loan No: 327 (Continued) Pepe 6 - exlenslons of,modifications of,refinendngs of,consolldellnns of,and subalitutions Ira the r. promissory note or egreemenl The maturity data or this Mortgage Is October 14.2047. Personal Property. The words"Personal Properly'mean all equipment,fixtures,and other articles of personal property now or hereafter owned by Glamor,and now or heresber attached or affixed to the Real Property;together with all accesslans,parts,and additions to,all replacements or,and all subsidulions for,any of such property;and together with as proceeds (including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property Properly,The word"Property'means colleclNely the Reel Property and the Personal Property FOR RECORDER'S USE ONLY Real Preparty. The words"Rest Property'mean the real property,Interests and rights,as Prepared By:Jeff Auden,Hills Bank and Trust Company,131 Main Strain,PO Box 160.Htits,IA further described In this Mortgage 52235,(000)415-5726 Rekted Documents. The words"Related Documents"man all promissory roles,credit agree monk,loan agreements,environmental agreements,guaranties,security agreements, ADDRESS TAX STATEMENT: mortgages,deeds of bust.security deeds,coltslerdl mortgages,and all other Instruments, Allen DevelopmentASTATEMENT: LLG,PO Box 3474,love City,IA 52244 agreements and documents,whelller now or hereafter existing,executed In conneclion with the Indebtsdness Rants. The word"Rents"means all present and future rents,revenues,Income,issues, royalties.profits,and other benefits derived from the Progeny RECORDATION.REQUESTED Company, BY: Hllk Bank end Trust Company,South Glkerl,131 Maln Street,PO Box 160,Hllle,IA 62236 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND WHMACCORDEOYAILT2 GRANTOR AGREES TO ITS TERMS. Hills Bank and Trust Company,Attn:Construction Dept.,131 Main Street,Hills,IA 62235 GRANTOR ACKNflyA.EDt3ES RECp07 OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS 01101, GRANTOR: HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT The names of all Gmnlms(sometimes 9ndemnlloe)can be found on page 1 of this Agreement The ALLEN DEVELOPMENT LLC names of all Grantees(somatlmes'Lenclan can be found on page 1 of this Agreement The Property �_ address can W found on page 1 of this Agreement The legal desmlpllon an be found on page 1 of By: this Agreement The parcel Identification number can be found on page 1 of this Agreement Jaasa J ,Was6vr e1 Ai4n ownvpmmt tic THIS HA]ARDOUS SUBSTANCES AGREEMENT dated October 14,2022,la made and executed among Allan Development LLC,who..add...Is PO Be.3474,Iowa City,IA 52244(iu mevmea retained to below as"Grantor'and sometimes as'lndemnllor);and Hilts Bank and Trust Company,South Gilbert, LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 131 Main Street,PO Box 160,Mills.IA 52235(reieRed to below as"Lander).For good end valuable anald¢mllon and to Inducv Lander to make a loan to Borrower,each party exacuting this Agreement .}. hereby represents and agree.with Lender..lollowa: STATE OF �p sd _ 1 PROPERTY DESCRIPTION. The word'Property"as used In this Agm-nenl means the/albwing Real )S5 Property Iocalad In Johnson County,Stale of Iowa: COUNTY OF �1x-nSO,n ) Lot 92,Slone Bridge Estates-Pan Eight,Iowa CRy,Iowa,according to the plot Ihereof recorded In Book 56,Page 247.Plat Records of Johnson County,Iowa - The Real Property or Its address is commonly known as 226 Colchester Drive,Iowa City,IA 52245 This record was acknowledged before me on Q C�9 61 14 _20 �r�1�by Jesse J The Heal Property parcel ldentdlcalion number ls 0B07410008 . Allen,Member of Allen Development I.I.C. REPRESENTATIONS. The following representations are made to Lecher,subject to disclosures made and accepted by Lender in wiling: M• Use of Property.After due Inquiry and investigation, Indelnnikr has no knowledge,or reason to Nokry Pabae U and t a SYIa of believe,that there has been any use,generation,manufacture,storage,treatment,refinement, /j JA£EM Lii My eenun"fee wpina 4'TS"' 1 Irensponallon,disposal,release,or threatened release of any Hazardous Substances by any person on,under,or about the Properly. ReAddncesa,to SaMts Wild Aflar vas MuvY am n vihstrroa vv%as ty hak M koa.Ardts. er arwn x!bti'r,e,ep.knee Ote Propan a wPanful an4 ar lwr co- aY i—as.e aetvputs.fan arvidcoin diction or affieltared n e at.Pro erty poNo w Otha+70eT#Voua$aylen- vAroV�e[ueW In conslmcllan or stored on the Properly LawPm,Ver 22.10 044 Copr Fineeba USA Corporation 1997,2022 Ali Right,Reserved -IA No Notices. Indemnilor has received no summons, citation, directive, letter or other C 1LASERPROVIARLANOICFI%PL1G03 FC TR-121679 PR42 communication,wnuen or oral,from my agency or department of any county or state or the U S. Government concerning any Intentional or unintentional action or omission on,under,or about the Property which has resulted In the releasing,spilling,leaking,pumping pouring,emilling,emptying or dumping of Hazardous Substances Into any waters,ambient air or only any lands or where damage may have resulted to the lands,waters,fish,shealkh,wildlife,biota.ear or other natural resources Exhibit 42 to Petition Exhibit 42 to Petition 1 I I a [ E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM CLERK OF DISTRICT COURT ji HAZARDOUS SUBSTANCES AGREEMENT n.� - i ` t Loan No: "73z7 Continued Pa z HAZARDOUS SUBSTANCES AGR�MENT L�•W._ (Continued) Page Loan N@: z3zT (Continued) P.pe 3 AFFIRMATIVE COVENANTS.Indemnllor covenants with Lender as Iollowa: ,x by Lender Any inspections or lasts made by Lender shall be is Lenders purposes only and shall Use of Property. Indemmdor will nor use and does not Intend to use the Property to general@, not be construed to create any mspomot,lity or liability on the pan of Lender to any Indemnlor or nufaclum,reign,transport treat,store,handle or dispose of any Hazardous Substances,PCBs, to any other person lead paint or ssbaslos. t INDEMNITOR'S WAIVER AND INDEMNIFICATION. Indemnllor hereby agrees to and shall Indemnify, C—,P3L•—with Lands, imemIgy after—the Propony antl by owafnns defend,and hold harmless Lender and Lender's officers.directors,employees and agents,and Lenders emcl e p it.th comply-th oily W at Eulmereenlar Lrea sod ono"OF my 9es'aaspenfM successo s and axwgns and their officers.directors,employees and egents from and against any and all authorities having pdnd.GrO under any Environmental Laws and ohal eplals,seep A affect sda claims,tlemmd,losses,fteMlilies,coals,tines,penaftles and expenses(including without imitation limply with all 9p rzro,vet pemlq and sW001•folgno aeRlm id by Errla rditil Laws with attorneys'fees el trial end on any appeal or petition for review,consullenl6'fees,remetliel triton respect to such Pnpeny or 40arsn6ns IaWacmrnrW Vras famiw mods wd)I eeplea of all such cosh,natural resource damages and diminution in value)Incvred by such person(a)arising out of or permits and rwVwrieaibr,s and any amendments or renewals of them and shall motif Lender of any relaurg to any investigatory or remedlal action involving the Propert.,me operations conducted on the expiration or revocation of such permits or authorizations Property,or any other operations of Indemndor or any Oecupanl IN required by Environmental Levis or by orders of any govar mental authority having jurisdiction under any Environmental Laws,Including Pmlmtrre,Mrndpalery and Rp[sadfA Acporh Indomn6u 1W ernerse axlremq cars n hies0zly without limitation any natural resource damages,or to)ansidir out of or related W any nonwmphance Ha;aldwl Spotuftet of Indplmmf uses Pr enacndlpn env kVil—lor.aT trrdnnizi ayylfw- with or violation of Envmnmenlal Levis or any applicable permits or approvals,or(c)on amount of PVl engestase say sea a'prevenpre..0011,09tory or re 4'Avum ilmrsi emldgoe" Injury to Lender or any person wh lsoevrr or damage to any property rising out of.In connection nlpCn it.rendr4l c7linstrtknt and Miner nmeeal ac6-1 at mgc+nd by!alwaaaaa with,or In any way relating to it)the breach of any covenant,mpreaminillon or werfanty,contained In Egwfnexone Lii or was. vy an, pdvamm.hlal aWhw4y haelrg junsaetioh W41C this Agreement.(11)the violation of any Environmental Laws,permits,authorizations or epprovels,(lip gavlorkna mat Lax.'d tb)flseeesary m pneveal lie nlarurar plow?ozo g.p6dlypllg ofti ape the use,treatment,storage,generetlon,manufedrae,transport.release,spill.disposal or other oa 06etzpanzs a worse.d).personal~y W d&n g.Ia"syry minima e.w pIa giueal Of svy, handling of Hazardous Substances an the Property,or IN)the con@ nsurtion of any of the Property by, floor O"o OF rn irr,by relessas of or"PeIwa 10 RazarGPxs s6lifliscoss sr OonMp41 with N. or the presence,release or threatened release of,Hazardous Subsances by any means whalsoever Pnpeny of ppayfla,"of Any Oecummij"give Is ape Z. In Me saarl lzoknns lw faCs In,periorin i it including without limitation an my Or htaarruLYa ableg dra @rider Ian eecpon of Ind A*msemMt L."r mad lead ehak not be notpl re y u g w y presently to this green ntson of Imit Propelig whether er not previously all survive to Lender),or on pursuant g this rl and s lL Indorth bWe obligations under f ed bl er4of 11 w t OlylgatAns at thiftmmoat Y talI"Aft. Aa Stch emLL and eCpW1µ Ihls section shag survive the ternlneaon of this Agreement and a9 eel lees of pr In the Survival mtVfrld by Llldef o11Taf Ifld lesT9n and elrranw00 under gn:f AgromtnM;hoe be aeva0umaa by seclbn. In addition to this IndemnAy,Indemnllor hereby releases and wolves BII present end IuWfO IrlPe oolue 10 Lander upprr 6--st!with veaae6t aI Ind Nis eefavn rd e.or Is Ina able—of a claims against Lender for Indemnity or contribution In the even!Indemni or becomes liable for cleanup default rate,at the Note Interest rate Lender end Indemnllor intend that Lender sbee have full or other wets under any Environma n ed Levis recourse to Indemnllor for any sum at any time due to Lender under into Agreem-L In performing PAYMENT:FULL RECOURSE 70 INDEMNITOR.Intlemnilor intends riot Lender shell have lull remorse any suct,4bligatoma d brdemnlmr,Leadez xhod a ai time;0 daemea to m tIve spa/¢of :"thh- tioe ems+1+0111 not 07 moon W avca pmeethlmev be 9C.—I la be aaswr6np any to Indemnllor for Indemnilors obllgagons under this Agreemenl as May become due to Lender,Such 'zfiJW Wt Of ImshurMok uadef,very ErnrrommP6W Law pf w ary atpad poly. Imftw.pr hareoy sh IleWilles,losses,claims.Images and expenses all be relmbursebl.to Lender as Lenders obligations prestpce5/y eppynls LehoV ss IauToximme.cis rnaywHael wM hA power to poi Such of to duke payments with respect hereto are incurred,without and requirement of Walling for the Inderi llor's obligations under this section of the Agreement as Lender deems necessary and uromate outcome of any litigation,claim or other proceeding,and ndemneer shaft pay such liability, appmprli le. losses,claims,damages and expenses to Lender as so incurred wi him thirty(30)days after wri8en Y nobly upon become 1 an f the following: notice from Lender,Lenders notice shall contain a brief itemization&the amounts Incurred to the dale Noilcµ.Indemnllor shall Immediately ti Lender u rig aware o y o g: of such notice In addition to an tl y remedy avedable for letiure to pay periodically such amounts.such (1) My altdl,ftlepy O 06.MI 01 a Hofaedws SubYasee on any of the Property,or in amounts shall thereafter bear interest at the Note default rate,or In One absence of a default rare,at the connvdon with yy M as OpNafdass d w A sae release er disposal must be reported to any Note interest rare. gcvemrnemal aV7nrdy wear eppbcabN EnxsonmpApl La+t SURVPdAL- Tzd 4onnaMb Lofdpvled in this iryeerrmli ehpft etNiv¢(A) the r¢paypr,efy of he M +LA'ppldafl trulub 1,or imminent threat of contamination,of the Pto"my by Hazardous InpabK lAass,181 avy rretlaxxe,whal—ya08al or"It inW,of he Property,and IC)any dekvery Sueruz c .Or lay wldatiPll W Emtrmrtgram L—n CCMapgA Wnn pas Properly Dr the of a Oeetl d lou or fpfsdvsurr to Le civ ne any suotesw al LpMW. The Catnaps cohamM In this operations conducted on the Properly. Agreement shall be for the benefit of Lender and any successor to Lender,as holder of any seWnty 11)Army cadet,nolen of novehprt.One or penalty or other slnJlar action by arty governmental Intereat In the Properly or the Indebtedness secured thereby,or as owner of the Property Following Foreclosure or the delivery of a deed In lieu of Foreclosure. vWIN.ftlaenp k Iyc"lon.SuMlames or Environmental Lem and the Property or the MISCELLANEOUS PROVISIONS.The following miscellaneous provisions area art of this Agreement: o;aaaeens WMuptd pas Ind Property. 9 P 9 (4)Any Judicial or administrative Investigation or proceeding relating to Hazardous Substances AUprnsys'Fees;Expenses, If Lender inslitulas any suit or ecticn to enforce any or the forms of or Environmental Levis and to the Property or the operations conducted on the Property, this Agreement,Lender shall be entitled to recover such sum as lie court may adjudge reasonable te+) Amy n:aheet,n fta[alapn Ubsira—W IT—am,fil l Lairs ftt world as attorneys lees at Idol and upon any appeal Wheher or not arty court action Is Involved,and to ��to tend@ a the extent not prohlbtled by law,all reasonable expenses Lender mum that in Lenders opli lon are r0a0ef4Vf v ipt Lvndm CIUM 10 to conrnlnea Iam"'save W Lender's leemsty Interest N necessary at any lime for the protection of is interest or the enforcement of its rights shall become the PrOpenr INY e•r HWM W thleacanaa or Grad may impale,M Virzi 10 Inpay, a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date PrOa—hiCy.odor to PedGm arty of ds oMgefiens under this Apa.mars when aueN or the expenditure until repaid Expenses covered by this paragraph include,without frmttation, poro'mmI(4 n due, however subject to any limits under applicable law,Lenders alorneys'fees and Lender's legal A Iu to 11"AWl,lP9swasdr slips aWM to Lender,W Landes tMusil,copies of any Fad as expenses,whether or not there is a lawsuit,including attorneys''ems and expenses for bankruptcy dscumama fn pdemMppe'6 Mssµs.ern of tO.Mich,A Ivry 0(4s6 I/pl,rlg M SuEelenpes proceedings(including efforts to modify or vacate any ammatic slay or Injunction),appeals,and ec 11—c senW Laws rV the PmWg"eve Wgaapr6 Peodupsea On Nw Pmpkmi,ni,ii, g any anhupaled post-judgment collection services,the cost of aearching records,obtaining tide tulips@ 1e11Qarrarl isdu as of labprs"aeahral.e6e asavxietann 0ULIO",eneifGnCnareM Mum reports(Including foreclosure reports),survayor6'reports,and ap�onsal fees and title Insurance,to repome and other consultants'atudiee and reports the eidenr permitted by applicable law Intlemnilor also will pay any court casts,In section to all other sums provided by law atxp�Cl{pfw,llin nsspms Lora rlgrtl 10 xe;Peel]ire hlvgabpa O the f+rappapy h LVNadahl on it lm any time a�ro Irpm unto to Orion.and^line I,nMe No to IWby sh I Lamm In$up. Goverextent of Law.This Agreement will a governed of by fedate of lax without a to Lender and,ll the hspeelpm amp nrwero arty H Lerr;es at rig Ice 0as fads@ to Ou4n Dial LdImp llor m M extent not preempted g federal law,Ilia laws of the Slats of Iowa wgihoul regard to Na canekLL of Dxupaels Of r>M property are row caxrryynng with n opal yple EnsVormyntal Ltrpa rx wxlh,try law provisions.This Agreement has boon aweplatl by Lender In The SLLIe of lows. mq.,-4 of inn Av"mant or prat s ntat"ePa.nMate or dnPesal or KapW0Ws 8tr9Wd— Choice of Vanua. U there is a lawoua,Indemnnm znb upon Lenders request to submit to the P.,pxurea lid Wender Inc Preaezly,Lanai may f6quve Iloonfinlix to h,endh,l—r a jurisdiction of the courts of Johnson County,State OF low@ Imaearasor harder,wb)eea etdke at fndemrztan rtaanse an c,m manta!9Wn or s sew atftli~d xun rows W Me-MV6 or ameplance of this Agreement by Lender. cartoon,to LordAr,$Loa euaa W aiwsssi INN W pvrfonmed by s gU04"Mnuttml aeofosod DEFINITIONS.The following capitalized words and terms shall have the following meanings when used I ' Exhibit 42 to Petition Exhibit 42 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT r•r E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT HAZARDOUS SUBSTANCES AGREEMENT HAZARDOUS SUBSTANCES AGREEMENT Loan No:jJ=327 (Continued) Page 4 Loan No:^2327 (Continued) Page S m thq Agfeernatil Unless spec,braty smia W the COMI'MY Olt felefen"•M 10 rloltm amourls Shea -- mean amaYms In lawM money of the Unkad Slate,of Arrl4rke.Vmrda end larrr3 used in the arhiiWar - mom ortelda InE plural,and ft%=l snaa InLluae the tinguW,as the conlexl rn4Y requkc.N4rds and ` r ' . GRANTOR: Corms npt oth o ise dorinod 4n from Ag reerneM snaa hire 1ho maarung%Ahnburod to such terms in the Uniform Commercial Code: , AgroamsnL The wmd "Agreement'means lnrs Hatartioaa 5via4la4ces Agreemenl, as this pLLEN DEVELOPMENT LLC HaaardN Substances Agmemenl eay to amended or madded from txae to time,together with all 1 amitlds and echevules altmhtu to this Hamrd4%Substances Agrearneni from time to Lmo . . Borrower. The ward"Borrowed'means Allen Development LLC and includes all co-slgnem and By: co-makers signing the Note and all their successors and assigns tares Allan. Development LLC fnvaonmenlal Lana- Tne words'Emwonmenld Lover;mean an/aria all store,lederal and I*GTI LENDER: si-mutas,raffutm*ns and orameams nllating to tha prelactibn of human hoadh ar Ole emau,menL ,nduomg wthout Imlilalion Ina COnlyrlllealllao EmaronnroM21 ReSPOnw. COMPOrkSOKII, aria Lgb,Idy Act of ISBD.as 4rne14td,42 U.S.C.Section 96a1,at asp.t"CERCW1,Me DuperNrq HILLS BANK AND TRUST COMPANY Amendments PM ReWtnonaabon Act or 1W.PHIL I-No 09-499{'SARA).the Hmncroas Materials Transportation Act,49 U.S.C.Section 1601,at seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable stale or federal laws,rules,or regulations adopted pursuant thereto. x Hazardous Substances. The words'11—rdous Substances"mean materials that,because of their Jam .Salley,VP,Tma.1.1 Banking quare,ty-Wacentrallon*r pftra",Chem cai or.-L' us may,Mae or Pose a 0r4&ent W poensai etuwd.to human hops,0[the[Nwuonmtlnl wtlen Yn0op&iy uted,Vdalbd, stared,disppsed Of.gendmled,manufactufod,9anspoded or gtheohiae hdedt*a. Tne wards LIMITED LIABILITY COMPANY ACKNOWLEDGMENT -Hawnlous substances'are used In dtC+very brWdee sexrse and"Judo valhdpl lim milon say and ag hazardous or tore s"InAta ces, materials Or wash 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 STATE OF• 1 Indebtedness. The word"Indebtedness"means all pnnoppi.Ipiewg and lot*fees.and Mrlaf i SS 1lff OWES,GO,4U and expenses payable under the Note or RMatea Documents,regathet with all COUNTY OF 1-1-11 ds^ renewals of,extensions of,modlricOii"Of,ppnTdxiallona OF ar,d subi;llWwts}df the Note or } Related Documents and any amounts expended or advanced by Lender to discharge Indemnilods obligations or expenses Incurred by Lender to enforce Indemnhor'B obligations under this This record was acknowledged before me on 0114tki20-.9—,7 by Jesse J Agreement,together with Interest on such amounts as provided In this Agreement Allen,Member of Allen Development U.C. Lender.The word"Lender"means Hills Bank and Trust Company,its successors and assigns. Note. The word "Note"means the Note dated October 14, 2022 and executed by Allen Development LLC in the pi�oppr amount of S549,950.00,together with all renewals of,extensions N , Hota t'vEpc in and !State of ^ of,modifications of,rernanorgs of,consolldetlons of,and substitutions for the note or credit s`�•R+'^•R'°"sef rates My commleslan sspi a agreement � � Occupant. The word"Occupant" means Individually and collectively all persons or entities occupying or utilizing the Property,whether as owner,tenant,operator or other occupant Property. The word"Property"means all of Indemnilods right,doe and interest In and to all the Property as described in the"Property Description"section of this Agreement. LENDER ACKNOWLEDGMENT past Property. The words"Real Property'mean the real property,Interests and rights,as further described In Ihls Agreement- Related Documents. The words "Related Documents" mean all promissory notes, credit STATE OF �tx-�A I agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgagee, deeds of dust, security deeds, collateral mortgages, and all other instruments, _ }SS agreements and documents.whether now or hereafter existing,executed in connection with the COUNTY OF Indebtedness. -1-1-� ' EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS O('ApJ�( �w 20 b Jeea N. AGREEMENT,AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER Is This record was acknowledged before me on � Y NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE THIS AGREEMENT IS DATED OCTOBER 14, Balley as VP,Commercial Banking of HIIIs Bank and Treat Camp`{ny, 2022. IL. INDEMNITOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS lll:::44 •vu svl 7,4 SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. CINOYARfJJEA Nol4ry Pab9s and for the State oi_ 1, ^' a+*oR Tizl11 My commission explres -- Exhibit 42 to Petition Exhibit 42 to Petition I I 1 4 E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT PROMISSORY NOTE PROMISSORY NOTE PnpeTAk Lgan papE MaW]Hy lIIM XO iMrfM _Amo-I m".y -'� r- ! ip Loan No: 2320 (Continued) Page L60B E16.o0 111+1410�]o]+Sa-IIo]] ?]iB 54" JNBAIL an w•�seePka,aa�T-,.K.-NTRAr1say w Iflaerrmara ,Y e:n y rr YIxas+='.b1r.L.".,.w1v.a':arr.rP.pY•[�nCsay-L-Os.�..tlloYe.r•pwb plyerY rN.w1 mpawYw Nb&nL,ntl aCwD.nYBe--,.. Lander. POBSAIA es 'w•+a,aa'•.,Y.rrrT�WrtNlod gM,lLwrr nAwtlerrade.ne m fLa,nl ldrlaaH-Y�C P.HawOcYs aw�yUw l+,•errqNn.l r[rcl dp[wC,Fr.pBry.,!^r,,r]Lwb rrafl,aArNm Aartr1 antl P-N II ,ba+ble4 eY.o-elne bw,Be—ee wW FAY any tout cmb,N,Etlmpn bvx C14,IA S]]A, 1]1IAen So-%POBa190 pace OMer,ume provNOtl nyl.w Men. 1]p]b OOVERNINOLAW TM1b Na,wllla Iaa)wb-5T]a poramW W 11.P .Thk I 1p L.Mar AM,b Rw by Ll net In So y MEMI law,1M IAvn a Ma bleb N low.wlMarl bpam to a.[enfllclA N Ipw provMba.TAN Nope b.aAan woepbtl y LwtlarNMa Bleb N Nvn. CHOICE OF VENUE II Ueb M a laweldl Bartoxyr aplwa upon Lelltleh reauael Iv wnmp b w wIAMmon NMa cvuro of Janson Coun1Y, PHnclp.l Amount;S608,516.00 1711a OS Note:IXIooH 1a,sZp blab 011mva 1 N Ur Y14/ va BL N'Lr I RONT OFSOFF Ta Menemy L.M. wLarfb=Ilm-wwLLrwMl V-2.MbWmaqxYyIwnr1watr6rdW: cep,a a.er some Olnev aNeYaT•TAFw{LpaaefWMaF.rnu aya,-0s,ap rrI Wr.asaaW wNaeecNASYwftiraaT r MYesbww�rpbr r.en,sarfNrrrna.k eulaW,tir aayH INw.e N=M,.N1-eAwb.w Eafwwa� oPonIn�ne hlroue.However,MiL[.r![a.,pkca rrIRL XY Espy rdafavrynlras wvrsrw ht weaVs,elpfrrAEep r(/itrl 1p Ma'INIEPEBTCALCULATNYH NETXOO•pvwnpn wlw an Mleml nb Rl a.T00L gr.Pnum a..tl nararof]00 Orya INM,I,MBa my Bwrvwer eu Moen laMw,lrAaMMYMhnglK p/eF4a,nYlr,WWly7LYk1MaATwry oeh+bRlriNLLa=a+Y4ly --E.Nam Me al.N 11 alweu unW r.gymam a acM1 aaanq.TM MNn,I rW may Naap.unM Uu bmy Aotl ronfNaM of UM aM a r accau W ana,el LaMeM1 opinn ,mav,l only lrvaia eY auFN.cownb m A6ow Lancer to DrobcA LeMel.Merye ana wlotl TEREST AFTER DEFAULT' attae rgnl.Y.rauatl N Vua pwapepN fnYIYNT,larnrarwr/w 1Nr Ma.4 warymrN N,T pMMrwa Y•YMY+I NAw n rarr.a P•NM Dwrsl on ah 1a,T031.Wb„ COLlF104L Bwn.vv 5h4m�a Pry NNa aaFFae—,0 S Ua yaks ease l]fl 10fp.1 Ln Of SmwY.wp Mn,rlW S Mbnn.+JwM rrMatl aTaYaMWOn,py,bAM�repgsfraagwra Y,Rm Mbcarprtleam,PcrPo4 ueaesrmL.ntl Rxt'arrsea al.a.MerO[T SN N2a0a/1p•aye6q�avp erepl'4S^.Ota NalNa J. wWK tirelrnr,tixn is Yr „� µu.uL==Kr rA eneI—q marwel�A M'bw. mrrwrra Pry �Sq C1[p1.Tws afna waeaeanw'lYrrr a•m�aL wuvr YxFearc el p.eDar Nl Fan,aFwa IN—ar W..w alai rAyake w aasrwP M1re`r can Nwua AErw+oe, r srvu wry H Irq avre Arr r Yrar l A Bona.,,p n vrww n IM amS'rn EIA]es.wRTIMEEiT yT<IAAIa.w tlrannarraA will W Inbroel nb on Inb ( NxI,arwN(.-Ir N enY INpMr alpuN vale.Maven ka'rr,rNrarya.r¢+R—a Y/vMSroV tl eWrnYa N LaYn hF r Y FMfe r sWNa CIFI.LVM FFe,. 1M ealAspn,e,>sa,arKlf OpD%gramvm a u,m m—bb-.Ao ay N,e—law. m�nr`]F,n•Ta a,aPaN r,enlraa 4nWrY aP.MOn W aJsorYa a,rnaTq aaY'Asa lo/k4Na Y'1[WYY Ycr�s a'Ys Byraw,RlaanT aeenn eTw+rkwn wwErl,Mea al raww•.Y Yaa rrnry waWNkpbin.r,awrd aar,u ANIA INTEREST I:AA,C.IL4TlON IIRaIOo-N'N,1 M lYY Irab Ice Aaak W•][Nap I,-Mel b,..all 0P Ve naR N nA wa.yr rrr l,rl.rw NAaw A•,aeT bowl".-LAN rNXf,.MNpt W sn evEay,a.,w1N Awy nwF ly fppwq aweWar ar sM+l,laf a k 1e0 r.a.wAyy/aa „INaPRq aHabrlLWw-lwcKwywaaWl nunar Nery,UN glnUyl'.""__a MaaLpowrtWOIAHW,rnGr.raer rA y.4 r�tmobdraw A.aa4pN,arry wan-ell avrran A..rfn o.ye.waN-as M....preeYb.r.. w R.awawr tieglMr..HAea Ave also Ar Ir lwasMo+Na Ov Cwrraun L..a Apwrwm. .er.P.e eyerr rd,"._IPr w.ar'.w•v 64 ATeea.P PIEVRYkBMT,b+w+swwrFarFrranrm raew gi[wrwu wraraw,wr uyLAN nauu erneon aq*s rasp �sAY wlrxssas aY.+nwer.ra i�sa+w 11 OrANd raNMavrwNa aseww wm Lr�Fn TI,e> aww Asa 4%eW Ha^ary Tatwwrl twSe•.a.Y+ArY a n,neJa O arpn.AD.rvrrae n.r.e,.r.n¢r•e:y lw. frcaa w r� w.v a-4 et a.,Irs at q s-r yr e.marwl.,W,sNrraW en w ace+.a,1T lvWa r4.al IfsvSt sneN Grr Ntapana BYR+,rI nrs'faY wAnanA }w r a vrw,mer.was rbr Tr ry v.f Lay a,XnvAknL vwb FA•eea eb%POR OF LO N 4 A lancer n nrNey.r,y,M pL¢pAar e!wv.-arA retpasaa g[emrM k M4 arynyrL WiAr fsk aYYaN^b N rp111 ra PURpoaE OF LOAN ne Fpaare plops,of Mb ben n canarucMn of,ptt I,era al Lol O SMna BINq E.bb,wn 0 nalwY+Lwwaw.wmr q+,.r swr.wI-IIAnem.F..n•a,.+.a n.r..,M¢w aNwaa•.oa..auwea- bmw NDialeLYn arTwNrE 6Y-aer+mWF.ara.alF.a..xlmau�l mvnrnw,'.prwv.n rra...•w.a,e.+Naefn 1a*fi Ara aHTnat LaKu ny aegµ¢wW ww r,y N:rewr rVnalar M"._W bearw..p aaaw ec+vara tv aAr Rvencn w r'Srr rrq.Y rN 4 LewP. rme 4ASea tuNarcwq a,PvNE N.eY„la neLwy na aM r qrr prynnw n,.y wny rgsavN.T sawN ePu.ap er MEraan R,N W srLerlrc eew.urr'pryn.._N M a w iY-I.�i W r Y w,+narM.hr Y..aa.n N NOTIClIIMPORTAIf[•RFAp BEFCAE 9rGHHF4,THE TEfmLS 01+THE tOAH AGREEMCNT SHOpLD BE READ wI wbbamn k Ayyvbr a..ss,r r.Yr MweeTrslnarw Yarl pw,aV,ANe aby Gk..liv CAP Y CA4FS�ONLY THOSE sE il5 IR WRITING ARE E"YOSCEASLE '0 OTHER TEBEMB OR ORAL MNn 9lwrnN rPO Ba TD IOIr,4 6Sp]Y011a. PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED.BORROWER LATE LIIARGE.II a gymenl a]O ar.a mom bb BarDM!wIn De cna,aeo a Ins-0 h une.H—d ON,r.pul.Hr.cMEWG MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. Prymem. SUCCESSOR INTERESTS. The lerml a W,Nab,Naa b ,,upon Fo Y, pen[Nn ,lS heNA Porwnel Rohe-lUn - i1YAbFl AFTER Of FAULT.Upon abue,arlutlnw bAoe m p y s pan anal mmanly,Me 1-1nb w the Nab Me a W.—to ana����.,aM Nan lwm to Me eenefd W Lenarentl a wlimwn,a u,On:. p.aoyn rY.,l,er.tl a A roar pl MO aq.HawaWr,n a A-n Ma t-t rib ermetl M.... Mbn.l mI.emawa IFDTyr.p DF saLee M PAOBNAPPON.r:IrvaAl TO eDakN,zle BEapATbo AOI -1,1.- 4 Lrsr -IA An oarw A4.>r.ewY amn apnL..r..«wrN m.w-ar.r r.ex,t+y-.rrT Bn aw..-Nlw•_ru rrna.,p DEFAULT.EaM PIN kYIaWnp,dBcaAOhb,n aenlaal,ull l'Evenl of Dabun'1uMer M,b Nob hrv4 Paaaafrjw aaWta won l-"-Yw4aLa.b ny lWa sq l-may car7Yr Aan ter Er-Ycrq G.Y ys a4s Prymem DelwlL Bolmwer laM So AnygymemxTentllruaN Mice Nab •dal N►le TOaw.IA S11D5411q CIU.IQfS TO OrN Lw�mBp�qb Ylata,ypa�YOIW peRdm enYpMlm,odganmWw nml orcolaNaz nloMeR nlatlln UJ,Noh orm Mm Wl w111MIK"CNE41.FN aAMalA xauea wlm,l e]YHa1MN W,vniy n lrF,q agxy plow 1-11,Ml l Mv,p-Wed nla eM up to tlYe lWaYXip a.µplYa,a,naNMwr,n rYaaYld YaNuuau.IluRar,cwoNaaq _ _ .rO aar.prcamem lnelra F,nPpwwp �MIM BeN ea TrglCewanYNwy paeSra to NA rAera'aeY,wryaf. nkwrtb Tnr NTwa PFrrM Bx¢waary OwNk rbaAn parr rr ebamalayraY.aANN+r ry.alw-LJweu or O[,[41 FBonWaS Na.dart e<pa Nsy aevglWru+.w l,NLu r.l rYs ar!e0hnxtlw Anne. can nlar sfLy er F.ya sgwPM,r Ny.ear.aa,emraLw MwN rwewp NN,tln bpfE brtirTra ry,.4aPlx aE.saASAt,o,eaA lsa+a+•ra w,rw prrnw Apo-prvawad«w,w. 4+or�eFwFImY ,NyN.0 rwnFn dPmblfW rry lrri.wr ansgofparrle.lrl,YNnYa Naka-4rve.yr e.e.w brwr.weae IPRN rTL,,,oarsW.,rn,feL Yarr,n AewAyv 1yw,m Oxp ney rm,ed¢w pq'1w Naa Won BrgY"hIp.pays v.Y.d.-VI w.Yhlon. aA.rY,]a Nyr.w Yn..a vwwe.waaT,bwnrrwV we,P1'Yr,e µw yxller,.wf'K,.rN,b,-WMymsA,mla arglann rarep fmlmlmmeY ON.uM FUMe of vey pony 4 wnylY wnh a Poam,xAen tlw anY Iem1,ONlpatlan,covenwl a wnelBa randNetl b parr.w.l a���,I��x FMr1 ay,A eul EaroN nAa'rrti YtYne llra,rOy w w.ry wl7x k,r'ylvr A,w enragmmml epnemenleaeuletlNwnayd xlM emY Nan •rF,rkr alN pxYa uyrwevlwasLret]r-bl„r,sn Yp nSaripa�vw.Wlwlsn R,F�?Fsr,t oy wr AIN Y1larerM1 Ma,I,1 n rarYLnrr,n,s,ryrsaraap Lenav Wpa,•.ww n•wa awry 0lna..YnaEa •__,rrrw,].„ahwnwN aTr Ta4ae4 WYN aLrrvlwr ism v.ya xaae riwEeaepan rear Tar aFOW la[r naY r^Aeh WY Oswmr.Pr A•Y set 9wY'�r"Cc'aa. iMHeal, _ a-'ttl'.ba�IrvppWYl y'IF.L+enMev�LYn.YLY.a ewW.un�O. NA:Iw Mwr. nNWaavA prr�avyawbsW nqe;ecdee.tl Y-ti w,r ar4e �„w pWnjyaF.•�i r,y�raayr PRIOR TO SICNIXO THIS NOTE,BORROWER READ AND UNDERSTOOD ALL ME PRWSIOES OF THIS NOTE-BORRNYER AGREES TO THE TERMS OF THE NOTE- I,AEAae'AY TY HrcIPa+M lior,ar,•ln[rEry N M,rw,ARIpA b IA�e Y>wala w!I+rEa,wllrrne 8P. BORROWER ACNNOWLEOGEG RECEIPT OF COMPLETED COPY OF THIS PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATINO TO Ov,ev.re-F ever MllrlaUvNM+rarr.n.aau x,pW sx.0 Ion,wa4 aT veaoa"e TTf of wa YwaM DEBT. >r rlArauN•ar.y wrtaA ba,'a.r.►•apny.Nlwq++nl THIS w rblTYaa..wpaa+anaeYr.¢w.r¢F ran,.wrawNey.y CnTaav r TrbEra PwaA,ya/a Ca+�.1r•,w or Hreea.ra r relw.pw[gpvpe eaaep N B.wd sYpYariy 1lreala.a.81 Y W ylw •..ny snr.n Eerwr.r v y,ry ye.aanae W ASaary aEawl anT a^,�eeawON w sea Npeai.{wrl+wry ay r,4en»e+a art -y.epygesgeu FLaw-rw rnn sever.NFww.Lw Er,aaNOM w, rME eecyA fr.y a IIrC brl On..b oy p,r..n as 4 r..wvy w�s+raa:-Yw rl duo un,w+ann er,+ya qy raaprap aILIk DEYfsLVNLrILY ab�W.q rerAWaea•Ilene.rrpyAlwWr wrl,I••w.eNh maid rbrtrraa mx+rp}p a'd O4a,gwNe lagr.pe4aa r,rw epl.4 wl�laaaya N tAYwf[n¢e.F-•v.n a.wew ewnn.ae y,a l.vars,w eF Na¢wram w dry a.rveW, �Ti�Tp■}yr ,�N� -- E.Nxan;AaclRanl.Any ewaullan a.XaNmOM r bab0 a,—Ma Co4'Nar,e1M wN aaecvlbn a pnatlPwnl M tlbNrpw or.Myw wnlNn InMY(]%tlaY,ewer Me name b bW e. ewyar�vrrryn Fsfae Rr4rowr.wNy aorA b,nyad+^I AYMw„pE r,pNaewla,n w„e rate reaa,RmrM,Nl cep Ydeer H�I,by efyrwKnWEFan W,r�wn elwp,n',p aw�wrY niaMy+rwr�Iw w.aCu+Dlsl aArll. ,,......,,.�u,._.ur��.,.e..,..._..e,.u....•�.�...,,..,,.,..., DNAAUndn DM,Ie,A OaumaM,.ACaEl,eO[iaTkWla la✓r•rm,�r,a,raklrnf rFpeYnW,re,+ldd+,lwrery owtnn N 0,con.Nm +,n++aal».uw.r rpr...ar•.ax.N�..ra.al.1�...M..m�•.r.v,M�gwrilax,ru�w.raio aw•vg*ua naevweµeav e:rri Rap-a,�ICOlaau¢I -1.Ma lANurea larwrrq �rwC�[anaaM4La-.WTsa•A'J¢•Wa wIIRIn YYaF{ avp hbn Me alepw4F',rP.anyvea r+br wyA al ,� e.N A.sp,rw•I.ace rn.•.4 freaM Alurw Ovr.yN,.W u ve Anton-a f�+y sc+•nrM rnowlb r.O..raNd ray LEw Salaansv AYKrw y y, wcl A•ry r e.�ne.x.n ar a.r y ra+d,r aam a-rn 1eNo'Ms,..,lew....W w.r w+.y.,mamn A.rF . rr. r.. �s.,rsawas.�.,A I..n Irc,rwYvroN.wSH.Pubel T...safey„N r.rrNaAW... Aa.na FM1NPI.A raarul eOvNu clbnpa acwm n Bamwale EnIInoal mason a Lender Dabwe In,q 1 of p.ymanl or gannaw a Mb Neb H pnq"vw. Cva An+Nsala.Ir a.V p.rnt rTa.eN•ara.1 n PaanlN'a n r.•cr.w+pry.,1 nsa rN arse p.n,nalu.r•MAp KM p son arPn••Y,+ry rrearnq arwN¢yt1]rrynl,a vas]a Orr n Oxw¢n,E•+r LAvrl.rod r+aA 4aq• 6vm�wr y,�e��y aw Nsaa rL.a Hl dar r•.nrbw maw wrslf are,r Ol TM 1,f I[c.m race y+w RyN� ka Pvale aYN•++cn Lvwrwry,. N-sa oad.w,lPp✓awEw er¢a casr.a was`na,Frt vuawMti: na}fS'eC al vek•�a1 W NeellYy iw,,LNCar.praArya e¢raws.wave as aey plu�x LEMOER'S RIOML upon ahuN,Lancer nuY adab pb,nIM unge gncpal aMNa uMer Ytla Nola p,W NI vcyae0 pnr^aB lnle,eet Exhibit 43 to Petition Exhibit 43 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE Loan No:;`__"73ze (Continued) Page 2 r «� Loan No: 2728 (Continued) Page g POSSESSION AND AUYITENANCE(IF THE PROPERTY,6r0nblr Is"M Coal Gt~6 0eapessmn aria r it"14 Lendo tafbecMBS m OArtfaap front"NO nyUNa emfa4rp A eTaryAan Ihel ne"'Zgl We of the P.(eprey Nag be pveernve%OM lose wy pfovesionR Nprna of the poflaapry Ito uea *etl W e to compares car prnW"ri Nriiswl a Fla snt.M at con 001 day6 Poof wntlal mace/O Indabledrreea constitutive.and moo of en Ir"t F—Md Hp Ole WdobNdo W r.N N vxt!m LeMrl area col CDnlardr,q Prry dae[atner of toe knNrpy.tabary inn swan W ew•ialth rain pslfcheN' !I) AgnclkVN mO0ucla or.snarly used for an epnraRwal pclrpoae os defined In Iowa Fade mneYAPee Ob1CY.:lo shag LXWP so rMdpYnYM plaAdM abet o0teeaga In"'1 Of under [ear secant WS.17;felt Agncvitural Iona a1 darned In Lowe Caps Stctm�1 Mor 175.2(1);or Nag NO at smlr w k erq we?by am On.PPr "a default M Grercdr a aNy otMr Drwn. M iPnieter fln.g oaf An ogelednlaat PLucaAe a,canned In kwa Coda Sec9u1570A1(2). Sheaa bee keg peleff"tN Ie And M Ail ape ael+ya led by Pas AdnarinfaAoor.1 IN FeaerAl Possession and Use. fun@ the occunenm of an Event of Deffoull,Grantor may (1) remain In -unArCiri a> at it"0cy -a sProd n°rp ed��Ajo�^��7`ee!p'fin stein naaelrkA mxa uwurri If wp.IN l far IN Laehel»d okqW O r Wes a I loan AI'a+f sour possession and he Prit of gre Property; (2)use,operate or menage the Property;and(3)collect lens on IN icAt Pr gi"'L-er 1hp e""vq to the I'Le'ter pail!)Irefdp ae1 ante'mme shies the Rents from the Property. Fwpd InwrerRe prpgrpm,a w nef¢rlsfet fegarea W Carper,errd to ttrAlydael>trch Aerursepa Ipr Duty to Melnealn.Grantor shall maintain the Property In tenantable condition and promptly perform the term.1 me loan iT ed on-sme may oil parcrrssd Wdar N HeShIW Fil lmlr//iw all repairs,replatemenls,and maintenance necessary to preserve its value. m,ko'A luatwo NfsuRre 'cathimai.or Imam ppod'rf mail'as defMaO by pDp%A s pass Haaudoaa Substances- Grantor represents and warrants that the Property never has been,and etteldelrir to Lo comem f s sm tp dnuaAen 3"Fantme,ed Opp ce6A fadaral Flood InWnnee ether sag pet fe soN es rh,a m4me".males a be,on IN Preppfq_end I.LF ge;nsratan. eWWtes end regutellons mOWusCWK. ifial boat".dNao/at.feteeea pr,WOMONAC3 INIM Of WN Nerar6wa Eeptaahe.in"abbon of airy'E—Whinaaf Lims. Graear ea mill—lerdrr AM Cs eGer"W Liud .ta�s;in a If e.y adios m profigs Is h mnu Aft Few tile[tawvitfil at V"hoo7/rps W W r ocen Ire Proper)to-W�h ayypgpna and I.M AS LMM MWy all APPMW'90 10 vet R s rWMrpli✓I Na P"cled e111t not k farts pp rantlyvlah ar W aisereW a1 tfi�Imlgaga el drfems.W cony--.of me,Pfoparry wllh via Woman at gap Mortgage- 0',,u r We* (1) any RCaspd Dx Wlar rW W-at Floc limp mar pay in.into a m�ImEa sr pay whin sea .Irma am warr.a my talons moor.pgaew!Candor for xodamrtaf w colds on.IN.rent am anUe:nlp Cranlar k rrewad to gewrge m a+y under Ito/AkxlpAge pr enl'RNe�p Groner beewrrn wbfe Ion csanup a elf-wet.~any awe 1aea,and tz epees 10 D.—m ... on O+errW h aeoax nw Wet"not ea eatg.[ad so)late any sdkh I eat rdomndy,aeffrrv.said mold lwmkas Leaderpgeufat any eta.1 cal phi lOseWa reetXaq tom a Wide,derma"Wop"'I'a Wr Ina Pena•'fy and A&^of eras IN Old".Afaaf burl map branch Of asp pa'1araab el Ire Narepapo.Tfsia•M4ebert to knaAfrrtYly aped aretlnd"sa—d Lin VOW-9g1n pro" .r aefU trapentl4aea Feared Or pass PI termer tar autle purpo4e-IF peymvn[OS Inn 1r,peaWprole ant the.aealaMyP codes AlOflpape man gear 0!r,9p 1.at Iha We ceW)led uAdsf ree elek horh Was411e ncufrae rsen W paid by La 10 '1fp dab redarer'{N Oy Gfpnex M r..ti ecapl0at vd barhJne•paR of Ae Wpebxvfafa arid, CONSTRUCTION LOAN. The Improvementss shah be compleled no later than the maturity late of the or Lenders c%—,deg(1)Ls payday on drmpM;121 be Ad"If w eti aebasn of ea Note ant Nola for nrh eertef asset M Le mW rrabtab}a ass0elh)am Gea ide shrxs p.Tf in lag a I OWS am by spW.O,6 won and bar ppyeae wth any afslaRnanl pp/mel to bettvrf Oda mwheg sdhor rxpapsel m caRReUfan v*I the vtAre Ler4m rNu Wbufao ban aaecesas vmW stca term.area (ei 1ha loan at"If spocately eou"I'v a POWY,N;to ohs remaeung ter.a INNote,a(];or COnxiMf ma Lepage mama Lepage may dtam faalOnplay all W Nil the 4Aer.0 Via'Ad by this boated pl I brawn a.ymorar nprsrh vvtit DR Sue F+d"Y"*me are No*5 Moody. mongaga nW1 naps onsi twer Y parts"Mns.le"Ifing Ofoae 01 AllrahaF IwXMM cot weresmen. Warranty;Defense of Title, The Wowing provisions mialing to ownership of the Pmpery are a Laudon may ftwee.ammell sash I"s,that"Istalahynt teryeela tie fupl/ane;by.Cs7lese tkN, aspwnp Whdawta,narven Or Lana,w tflum 000 proq.aa mgOete,and such send oob raetal�n as van of Ines Mortgage: Lender may reasonably request Tdfe- C+amar—mom,eel: to GfdW notell good and rralreume vlo of 1"Ons to ion DUE ON SALE-CONSENT By tENOM LOM"F may.Ii LaMar.Wolin,de7a'p nvnApedny sum and I'moo ly M file Aphple.(I"A-4 ercar of 01 Font ON arKu.branne WM,f 1W IN"UP to"A Maec,.as lder%00rra0 Oy Iha fA rIg W vgoo Ind seem or U—IfFl,wiNGtal Lelygert pour wntlen Ire W Plepafre desurepoen m In or%bile Wmlielf Dcky.Pan road,&ar'Y bile*OWN CetL'L W.Cif it a dr+/Wit ae inn ftfal PraPary.of any OdlrFar W LTe Rear Wopemy. A lAk m aeapa In favor off,and tocpplaa by.Lendar n ceenealton want ale.mengagr. VW Glarelei Ire Ileehagr aaasf Ire cylvaramca of Real Preaafly or any ogiN.tire m/dares!n the Rear 13npomy, 1hs IrA ngil MmbV and Aw.Me W atof lOr,end does us v,Chrryage.C04 the And IC][hp nWOVbr Wpal,Inr.c[eulw eeueuble.wN rmal widadary m nvdiimar.MiNMF by arrsllgtd sale,dreeM1 4.001elent grm-teL be.by aR W.one ripe Or mo feldryptl b ea of-Ot 57f m anti 1o+p Cede .."Lma,u Sale c_V ct LW cnnvau_emr+raef far dW_Ieesafepi itenM—11,a teem g .W.Than ..v.1 rrx as hear exceed er haxaeref mi Mont a"retad O+Oghced. Gfaraof,Lvt 110 a three faa ormin lo."apten—NAcL of nv uU.A,",ta ra gr yanarer of a'a beM.Wel ace rig her Win of twrwm rcify'l g IDI yllrorrp'e a ST Grams.ogfeea coal a tam m eon of tore m a us any nehd trust Nc;d-g 6%IC vas Pwt fiopprty,w by any Omar mpuod a .way—of en Wall NinnNin of Fla typo N Mows min tvlr Coe p SlS w ma'pfMr wd.chla' at w Cede W to'na and n tin Ran pyc,"ify if any Onhlat a a corporation,pa eentisrV or ldraW Wesery camparry,tr-far WVAn.ona fa eOrrOta;A nkw pue�A is fo ua IOw wan dW In W the.ens nrfeIs o:w mivape pry r.rooe rig OF pea"M entry i funnier fir mew,dons"m elhame.1 v W tiro*—ma rcose-e oea werfamv 1na1 d n gar son alas sniped la too w and agrees is Oeange n ow nupbn el more min fw mrils„W"r.1(2r+w)of IN vuoi stock.polu*,1hrp suerafka —1.1ary,pO•ema,a A noel hW,Nr d LMUu Irpm pnr,lest sing* ,ant sods.i re;pging eN 6M W Iwautr amµ y nsaan,w tine case may W.OI scat Grantor tlewrover,NR npbon&W as a result many claim a' of a afre l—b or a f mid br toth eu-rising ether condo)a nmanurn' rpm ba exemued br LaMar II Such Fuuu,o►w W&h d by kWW411 l0n Or OL Iowa ION, e o Tarty deem of the ne ecaeply,of seta law to the Bens hereby granted TAXES AND LENS.The following provisions refilling to the lazes and liens on the Property are part of Daterue of T11te. Sme;to re the perry against st the IIpw- aph a OF polarnreW vrWahY a1fA sup this Mortgage: Ip[aver dely,p ea,16fe 1e n»PropeM against the IFseW 4exne el w panto. P L Glerrlaf ahAa pay'aMtn bran(end h as even[. W t0 dlvwwecr)N tierce,pWyrch Fug Performonca. If Grantor pays all the Indebtedness,Including without rmmticn ell future P' advances,when tlua.antl Otherwise perform all the obligations Imposed upon Grantor under this loxes.Ipt[YI liras-aaleapnews,vusuir charges Aw sewu sensor 0-19-1 Isvfea egar it De Gn +eeaapa of Pas Pro(r/rfy,W ateee pay rmpn arm a1!brae f!R vwk dome an or ipr u_ Mongega,Lender sentshag execute and deliver to Grantor a suitable satisfaction of Ihls Mortgage and e."m a leste"LaNafed IC me Ptopoly.Glenda,fang mnnlWn live Prapaity,)rra el eery hens swsek n t e part end the tionPees of any fiend statement on fits permitted y apples security hovdrg MWas prer or oval 10""Was!of Le ifew tafder leas Llerlpppe,F-Wt tear Ruse was interestypea in reasonable Rents and the Pardoner Property Gder from will pay.it permitted by applicable law, epeclfi v?'eDo W m n awglrlg by Lamas,AM-Coo for Pre Nan of emea and aWoeuneall rql any reaaenabb Ierminepon lee as determined by Lender Irom time to lime due and except as olherwise provided In this Mortgage Evans of Default Each of the following,at Lender,option,shell conarlrne an Event of Default PROPERTY DAMAGE INSURANCE The Following provisions relating to msunng Ire Properly are a pan under this Mortgage: of this Mortgage: Payment Default.Grantor fails to make any payment when due under the Indebtedness Maintenance of Insunnca. Grantor shag Procure and maintain poldes of fire Insurance with Default on Other Payments. Failure of Grantor wtWn the time required by Ws Mortgage to standard eidendee coveregB endorsements on a replacement base for the full insurable value make any payment for axes or Insurance,or any other payment necessary to prevent filing of covedng all Improvements on the Real Property in an amount sufficient to avoid application of arty or to affect discharge of any lien. wmsurance clause,and with a standard mortgagee clause In favor of LaMar. Grantor shall also Other Default Grantor fails to comply with any other term,obligation,wvenani or conddfon procure end maintain comprehensive general liability insurance in such coverege amount,as Lender pydaernd N INa Lledgage or on any of the Rested Documents may repnaa wdoh Lwtlar bshrg nerved 6,edema.00l nafnept n well sebdPy ellwao0l pail AeldltoaNay.GiWm shah nuenlen uen oUdrr umumnOd IrrOW-0 bud fed Lmyrd to"cod, Default In Favor of Third Parties. Should Grantor default under any ban,extension of credit, OeSl'epaa N'd![upeIXp ant be+af nsuWnee al Lsroef rosy requpe Po'oes onto oil wntsrf ail such security atimemenl,purchase or sales agreemenl,or any Other agerment,In favor of any other Iewraew coati.14 m sash fern,es maf be t"Wroby aeeeuaan W Linder. Gaf.mt evd creditor or person Net may materially affect any of Grantors property or Grantors ability to Exhibit 44 to Petition _ Exhibit 44 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM J0INSON-CLERK OF DISTRICT COURT BH:6434 PG:100 Lcswda4'SoesT,20TI a111�14110 AM un[y R.mr4rr.g Pee$5700 •—�• Iowa E•FAM Fe..$3.00 Combinad 1-1000 Remnue Tax: Kim Palmer RECORDER ' Johnson County,Iowa FOR RECORDER'S USE ONLY FOR RECORDER'S USE ONLY Prepared By:Jeff Aunan,Hills Bank and Trust Company,131 Main Street,PO Box 160,Hills,IA Prapsred 6y:JAM Aunan,HIR.Bank and Trust Company,131 Main Street PO Box 16D,HMIs,IA 52235,(BOO)445-5725 52236,(BOO)445-5726 ADDRESS TAX STATEMENT: ADDRESS TAX STATEMENT: Man Development LLD,PO Box 3474,lease City,IA 62244 Allen Development LLC,PO Box 3474,lom City,IA 52244 RECORDATION REQUESTED BY: Hills Bank andd Trvst RECORDATION rue REQUESTED BY:Company,South Gllbart,131 Main Sense,PO Box 180,Hill.,IA 622]6 Hills Rank and Them[Company,South Gilbert 131 Maln Street,PO Box 160.Hills,IA 52235 lfRlEH RECORDED MAIL T0: WHEN RECORDED"t 10: Hills Bank and Trust Company,Attn:Construction Dept,137 Main etreM,Hills,IA 62298 Hills Bank and 7rval Company,Alen:Conatreellon Dept,131 Main Street Hlllo,IA 52236 MORTGAGE MORTGAGE NOTICE Th4 NanuaOa a credit In the amount of$749,000.00.Loans and advances up to this NOTICE:This Mortgage secures credit In the amount of$749,D00.00.Loans and advanced up to this amount togcthrr wllh In1an I.sr senior to Indeblednns to other endhors under subsequently amount,together with Interest+ senior to Indebtedness to other creditors under subsequently rococo d a Map n"gepn and ]lams. recorded a filed mortgagee and liens. The ume s of 0 GrJfdoz(srmetmee Yusnrpr]con be found an RN.1 W this Ahrtgape.Tna naetl The names of 84 Gramme(sometimes"Grantor)can be found on page 1 of Ih15 Mortgage.The names pt oR Gunxee IMvnedrrn'Lcrwery ran a fehmp eel pope 1 or NH,sbpybge THe prpPe.ey m0resa or as Grantees(sometimes"Lender')can be Imrw on page 1 of this Mortgage.The property address Zara tm lo"on Cads 1 al this MW.,rA, tee Ing darnmHnn can be Woad a,pgc I of tY'a can be found on satalpape.TM Passel VJyatdxcmA1W,edit+!mr tan Iaa.m on Vega 1 0l lNa Men page 1 of this Mortgage. Tie legal an page on can be wurW on page 1 of this fi"ga. Mortgage.The parcel idenligcallon number can an Ieuntl an page 1 of this Mortgage. THIS 51011TOADB deems Oefabe.14.ZM Is made+ap ear<uled between Allan Development LLC THIS MORTGAGE doled Ocwbar 14,2022,Is made and executed between Allen Davelopment LLC tratanad la betas n'Grmicsj and Kips Bank and Trust Company,whose addhase Is 131 Man Street (referred 10 below as"Grantor)and Hills Bank aid Trust Company,whose address is 131 Main Street PO Rix 16O,Wils,IA 62235 fralnrad In aalaw as"LendarJ. PO Bo[160,Hlllc,IA 62235(referred W below as"Lender'). srRAJaT OF MOrsirsAOE. for rahro reealpar,vl e.,Dlhr,o ut.A`jges aa4 ecnerrs to tmee•ne GRANT OF MORTGAGE. For valuable coneideallan,Grantor mortgages and cones to Lender and gyNa to Laftm li letwiy I irshIr n a3 a1 stnia"ra npW,.W,antl Nlerall n a1tl W ev auAd u. -ages y dsaca@r6 hm"fudP-Io New wire sr ngaanp a"...0h..se y, a aT'ep,Mm,;s. ¢' -[a Lmdn r to. 1 m:we5i m a1 of 6,iov,•agM.14k.�p K.-to l err:to 1M Ip04w,np ..w..wows gm 1Wfuey:renm add 0,Mh s;I saasmraa,robe+o!way.+[m app,a W HWg,a aer�eag nai prcymor l;lorasr" $s ex-leg a nWaequ" a ay. d afAofd tWGrpA Oar.wow m mr waserm. sap OrW,saga(mOy]Nq oleo 11 uY41tu code V.A pr w4hc t rmdrvemeadr and yx1U:09:rent!AM picots•_t cesemd-el fights a war.-1 pppwl;k:.1a:eg d➢nCY and erg 41ner x Pa."Wea.ant preNa reload m art'fall p rot-)klwd in vMM:d 119MIf,a0te1 ftPAL,rl:er .my one tldch shtv%ort lmcbgmg o Ina N of Ares wdJr dash er Amgsune CounWa taenbm:da,04,Per,psONrrnud also abNlar meeaa.Imo 7tcr1 PfOJbOy'1 bcsRd lo Jahna,rn r,rfloo esv7 M OOmf rgg:s.royall•oi,and dAmd2 Mftc W Ise rear r.aperry, cs W'to ohm o ji e County,Stabs of Iowa: ArhttoUbO]tl R lrerslc,pl,pas,geplry read sod HFpLtr mortaq llha`Rui Property')l4rde61p,}bhnloa Caanty.Sala of was,: Lot 63,.Page Bridge Plat Estates-Part Eight lows City,Iowa,scearding to the plat Hereof recorded In Soak 6B,Page 247,Plat RecoNe of Johnson Count',lows, a Let 93,Slone Bridge Eeblea-Pert Elghl,loves City,Iowa,+ceortling to the plat Ihereol recorded In Ths Real Propony a lie address Is commonly known a 234 Colchester Drive,lows City,IA 62248. Back 58,Page 247,Plat Records of Johnson County,Iowa. Ths Real Properly parcel Wao00ullon rumba,Ic 0907410007. The Real Property or He address Is commonly known as 234 Colchester Drive,Iowa City,Uk 52245. FUTURE ADVANCES. In Addition to the Note,this Mortgage secures as future advances made by The Real Property parcrt idamirka0ee—W 1,BPOT410g0T. Lender to Granter whether or not the ax tor—are made pursuant to a commitment Spedfically, FUTURE ADVANCES. In ackut,—re eras item,NH laorigaga—err rybpa+marxrs.mtw by withoot limitation,this Mongage secures,m addition to the amount specified In the Note,al future Lancer to Gramm wlletlter cr rM lire odraaeet are made purupod to a C,,00ss rt Spwkatry, mount.Lender In It,discretion may loan w Grantor,together with all Inlernl there owever,on;h ,In no without Nr%aup ass Mori"cut".In ad::ion 0 4na aplounis spa lf4d in the aide.an tua,e event shell auen future advance.(excluding Wereag..ad In Ina aggregate$748,000 GO. vn1 h Lealef In,It ontrowe may lase w/3rpefa,fag Mt. %'h 0 eriNan 0.—;,woad,,in na THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE pecrt stag"n Muse aa✓+rs4s{exoucwq ipkt ¢tided Y,m0 agWr,KV S74g,I ZGO. RENTS AND PERSONAL PROPERTY,19 GNEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS MORTGAGE 18 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: AND G) PERFORMANCE OF ANY AND AL OBLIGATIONS UNDER THIS MORTGAGE. THIS PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage.Granla shag Pay to MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Lender as amounts secured by this Mortgage as they become due and shag strictly perform all of PAYMENT AND PT Rf0AL1ANC E. Except as otherwise proultletl in this Mort gage.Granter small pay to Grantors obligations under this Mortgage. smear a.T a. Ia-ec Ivy this Mortgage as they become due and snail sUiclly pe.Norm all of Granlers c it g)M4es wider Ni:,longege. Exhibit 44 to Petition Exhibit 44 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT MORTGAGE MORTGAGE -- a - Loan No: ,,2728 (Continued) Page 4 Lwn No: 2028 (Continued) Pipe 6 repay the Indebtedness or Drenlora ability to perform Grantors obligations under this Mortgage or verses any#aulmaalt stay of 11y ilaturg,aPp-4.an xi�y rmut,"peal';pdtgnent r re any related document - caeemed seNrcc,%she boss of'—diolp.cords,w ilanin iNN tape"fvLNe6a7�ets-Ve llucl by CwthW Isaowlery.The""la Wan m Granw,Iragaidllss o}w"Wit,i kcC—u,:onrmm�. npxlzO,SWvayola'leporle,and agora gal fpas ant,pb slserVha, maser,sty tslrahb¢n wwldla as have M IMMeed olmv Oittperry,Or say(:b,el isu"¢t—or iP� law �NIG iW will pyy pny coral mllR r^IIOd7A to a1 eHr,ee etrna WIrV[d by aw G,Ows m,rlence aa."'no Of it."Own of my gamier.oN irw hi of ia—w; Shortened Redemption.Grantor hereby agrees that,in the event of foreclosure of this Mortgage, Ina Mrm app m of a IV—for any of rjranteh plpprir/,say MSSnmenl Iw M"beA or Wedlock any lyfao or o¢eimr W06W.V M Crim aNnOy ietl pt any pfp[[oo�ng&Msr-e Lender may,a l¢Mpn'1 Wa ep[ps-.Nee to reduce the periodreeemption Pursuant to tome bankruptcy or Insolvency laws by or against Grantor. Code S-c 528 26,628 27,or kc2A.?�,or arty other Iowa Code tle SSection,to such tome as may be then applicable and provided by law Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement Miscellaneous Provision..The following nnscellaneous provisions are a pan of this Mortgage: behveen Grantor aud Lender that is not remedlea within any grace period provided therein, Including without limaeRon any agreemeal concerning any indebtedness or other obligation of Gonmfng LAW.This Mortgage e4D M peefinee by hasT&i It"applluble to Lands,aria,la the Grantor to Lender,whether existing now or later extent epl prlamplsd by su li 4W,be 4ws el the 51aus of Iowa wiabill fagard to I4 Events AftWn g Gumanfer.Nut'04 the pWKeddg axpxea extra w4n seeped is any Guarantor eeefbtta of U.prox4lau Tis1a Madill Tee bsee sCudad by Lentler In the ante of fowl. of any of 0.1pYeWvttnla6 or am/Gunrampf ocs V ber4rr s—aacc -or revokes or Chorea of Venue. If there le a lawsuit,Grantor agrees upon Landers request to submitto(he disputes Iha of,a two by..der,arty frJara y 01 Fie Inyr^'-edneas Jurisdiction of the courts of Johnson County,Slate of Iowa WON to terra-It any delarait.C se,Ib m a 41e40 so bavmsrnL a cuebw xn0 d Gmnex I.4e nW Time k of the Esunce.Time Is of the essence In the performance of this Menage. teen theft a liwce of■I2reewt.at she same prawuon er thrp Meegpge wdp ri the pre•,¢769 heals[121 mereh.-d moy file cured If G—W.AMW Lender WOO-.I'-rakes w Gtan7.a Resew e!Wplea oc OV d icn. ad ant DLsMhhdNa shin,E. Nbho O me NOP hereby eeln,r4np rare rN Luth dataut ter LVnea INC denude Wulhrn one I11 days,a sal if Nre cure armgenaiea Y r�f4e a dowel,rW�c YGOS i1'+1 tlrylnaxRve v e+n q+d SC rrr¢Plopany A^e mqu{ry spry fnon ens 11)days.e.enadyey a Ies i"vie T LerAf G s 11 Lereer. w,fvea as at G of w csm c ere as S any p1 L1v r 1" .1 If a so Of.Ir rq[ar pxslcr o1 ties icae J—idic'r to bo ruKrpni to Cue Ya 904 A era ttstroaner[xireYroee CrW ounpWlps At such rights mat Dxrrrittlf vvKUA!INS A1on0pBp b IM epic purpp%s W rduaq.netrg aria wsiving reawnable and necessary.laps sufficient to produce compliance as soon as reasonably h nghls precbcal Winitlons. The following capitalized words and terms shall have the following meanings when RIgh4 and Remedies on Default. Upon the occurrence of an Event of Default and at any lime undid M 74"ODD antes&1pa[drady swan i7 Its bbonarry,as rs*ucea W dpcar ampume Ihereafter,Lender,at Lender's option,may exercise any one or more of the following rights end sismA+nse,a 11 m LaxNiA mortis ei err Omlatt unea of Amenµ Vkda and terms used On tics remedies,In addition to any other rights or remedies provided by law: sMg"area unclad¢bee ptudil ar&1 me okxd va include ins fktgidsr,as V.IOMfie t rnry"IOMIK V0b,e1 Air terms Ivor WNW N me MorVM etas tare Ina anuselih9s fudu&cf Ip Wff At"ex,te Irdreeadnaaa. Lmrsas shop Few rho 6W at its option,after giving an required terms In the Uniform Commercial Code: notices of default and after p s"of any gram parrod,to declare the entire Indebtedness Borrower,The word"Borrower'means Allen Development LLC and Includes all co-signers and Immediately due and payable,.0,4xtg any prepayment panaly that Grantor would be required NO.pay wcthoul notice,except Me may Oa expressly required by applicable law. -makers signing the Note and all their successors end assigns, UCC Remedies With respect to all or any pan of the Personal Property,Lender shaul have all Environmental Lave, The words'Envlronmentat Laws'mean any and all stale,federal and the rights entl remedies of a secured party under the Uniform Commercial Code local aWlulas,regulations and Vdmancea relating to the protection of human heatlh or the environment. inducting without limitation the Comprehensive Environmental Response, Judlcl.l FOMIOCure. Larder may obtain a judicial decree foreclosing Grantors interest in all or CompensetlGn,and Ltatidy Act of 1980,as amended,42 U.S.C,Section 9601.at seq. any part of the Property ('CERCLA),the Superlund Amendments and Reaulhodragan Act or 1988.Pub,L No 9949E NonJudlclel Fereclwurs. Lender may exercise lee right to non-judicial foredosum pursuant to ("SARA")the Heeardous Materials Transportation Act,49 U.S.C.Section 1B01,at sect.,the Iowa Coda Section 654 18 and Chapter 655A as now enacted or hereafter modified.amended Resource d Conservation add Re—mry A ,42 U.S.C.Secuon 6901,at sect.,or other applicable or replaced state or federal laws,rules,or regulations adopted pursuant thereto. Other Re cuts. Lender shall have all other rights and remedies provided In this Mortgage or Event of Default The words"Event of Default"mean any of the events of default set forth In the Nala or avaWble at law or in equityItis Mortgage to the events of default section of this Mortgage 6sU at the MDpsrry,To the wcu nt o.rm.ted&y epplcabM 1Aw.Grams hereby warcoa bury and Grantor.The word"Grantor'means Allen Development LLC M rphl to nave Miss Aoparry rensM.Ie. in oquming de rights and MmedM.LendV 1140 Ls Guannloi, The word"Guarantor"means any guerenlor,surety,or accommodalion party of Imp to sell al er pry Can at Mr F40W-,loWVet,w repaatey.M aria rwa or by sepseale +1rn Or ae al One bbey.dresl uln Lender lx}D N nnbtld t¢tsn of pny pubic sell wok w pnf PodWht W dN Propmr. Guaranty. The word"Guaranty'means the guaranty from Guarantor to Lender,Inducing Election of Remedies.Election by Lender to pursue any remedy shall not exclude pursun of any without limitation a guaranty of all or part of the Note other film ay.ant an 14ouan to move expandsutaa or to take action to pvknrs an eergaobn 0 Grantor Witter this Mortgage,aftertyintV'&W..W persona-snare not 9"Lancer.nghl Improvements.structures. The word"Improvements'mean!all existing Pr and future es, addition., to eedala.deteui aao asefafe ea remedies. 11.1h ng eMaP Ifee Ma ifti.or Ifdsa,nraa also buildings, is an nth motile tomes he affixed or the Real Property, facilities, adtlNone, NO. eVafneed a0 m fie tens w fabbec,Ps MINIS srd lenlsd'p avveslfe to Lender following an replacements and otter cpn&IrvdlDn an me Real Property Event or Defauh,or in any way to limit or restrict the rights and ability of Lender to proceed thdeoadeese-The weld-mtleblaVrhms'rreerhe Aa yfxr":poL ml W aril isle M1Rs ON ocher directly against Grenlor and/or against any other co-maker,guarantor,surety or endorser endior ema,Ma.cosh.ed erttpnuy pay4b:e W.the fade au RaIOYd OD'dbMf,LpgpltM With all to proceed against any other collateral directly or Indirectly securing me Intlebledness. ramwnl ON.ax;etnmru 01.amwrnns of,consolelalions of and sahalse5eln for the Nola or tomaya'Feet;Expenses.If Lender institutes any cull or action to enlwce any of the terms of R-led Documents and any amounts expended or advanced of Lubur to dische5rye❑rumors A Aft Mortgage,Lender shall be mulled to recover such sum a9 the coon may adjudge obligations or ex Lander to Incurred by Lan to enforce GrAniora.obligations under this this reasonable as adomays'lees at Inal and upon any appeal.Mather or not any court action is Mortgage,li together with interest on such amounts a&provided in this Mortgage Specifically, s involved,and to the extent not prohibited by law,all reasonable expenses Lander incurs that to without limitation,Indebtedness includes the future advances sal north In Me Future Advances Lenders opinion are necessary at any time for the protection of its Interest or the enforcement provision of This Mortgage,together With all interest thereon. of its rights shall become a part of the Indebtedness payable on demand and&hall bear interest Lender.The word"Lender means Hills Bank and Trust Company,Its successors and assigns al the Nole rate Irem Una dale of the expendAum until repaid Expenses covered by this Mortgage.The word"Mortgage"means this Mortgage behveen Grantor and Lender paragraph include,without limitation,however subject to arty limits under appticatile law. Lenders allomeys'fees and Lenders legal expanses,whether or not there is a lavvsull, Note. The word"Note"means the promissory nole dated October 14,2022,In the original including attorneys fees and expenses for bankruptcy proceedings(Inducing etioris to modify principal amount or S609,515.130 from Grantor to Lender,together with all renewals of, I Exhibit 44 to Petition Exhibit 44 to Petition I I I 1 E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM JCi-INSON-CLERK OF DISTRICT COURT MORTGAGE _ Loan No:M, 326 (Continued) Page B aMamions ol,modifications of,refinancings of,consolld'dons of,and subsUlutions for the promlaso y riot.or agreement The maturity data of this Mortgage Is October 14,2047 Personal Properly. The words'Personal Property'mean all equipment,(Mures,and other Brides of personal property now or hereaka owned by Grenlor,and now or hamaher attached or aM ed to the Real Property;together with as acmaslons,pane,end addilions to,all replacements of,and ad subsAutions for,any of such property;and IogaOnr with air proceeds (Including without(imitation all Insurance proceeds and refunds of prendume)from any sets or other disposition of the Property Proparty.The word"Property"means collectively the Real Property and the Personal Properly. Real Property. The words'Real Property'mean the real property,Interests and rights,as FOR RECORDER'S USE ONLY further described in this Mortgage Pripand By:Jeff Aunan,Hills Bank and Trust Company,131 Main Strael,PO Boa 160,Hills,IA Rahted Documanb. me r«1,as'Relaeed tavumenSa'mean!,p'a'rsalvl`notes,credit 62235.(800)445.5725 eryW. _arts,pan agra.maah,el lv_4 lii 4greraneng,gubrannes sacunly agreemeols,mcun"s.dons of thrsL lan=My eeesa.thrum,hicAgagaa,ors N 0"Instruments, ADDRESS TAX STATEMENT. agrl4lyr-b W tloeun,e,4a,wh.t art now,a,hareahef aoi&".Ore .w m corn iba vnR Vie Allen Development LLC,PO Be.3474,Iowa City,IA 62244 ,_e !e0naf1 Wets. The word"Rents"mean tu s all present and fure rents,revenues,Income,issues, royalties,profits,and olher benefits derived from the Property RECORDATION REOUESTED BY: Hllk Bank and Trust Company,South Gilbert 131 Mel.Slreal PO Box 160,Hill.,IA M35 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND ""RECORMO MAIL TO: GRANTOR AGREES TO ITS TERMS. Hills Bank and Trust Company,Attn:Construction DBPL,131 Main SlmK Hills,IA 52235 GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT ALLEN GEVELOPMENT LLC The names of all Grantors(somellmes'IndemnEor)can be found on page 1 of Ws Agreement The a of en&.a (aemaames Londarl an"loali ti an page I of this A910thi nl.Tlse ploperry a00:014 on m Nudd an a+7a 1 M p1.Agpaleanl the WJ0 d4Ttnotion w.oa tome rn Page 1 of By: m,Fngmaend Tin wrccr,denL�uemn rymeel un n ratald m s`�M 1 of aria Agreamam. Juan J AI a,M holb rof Atian Oanrapnaat LLC TITS NA7A D"SUGSTANCES AOpEEMENT 4aad October 14.RG22,11 made aaW nropeted smog AUan OavolePmarll LLC,1afe,sa Addraal Is PO a"Ji A,Pv.va City,IA 62244(ao,.artmaa uhipm W pa10w act-01111 am somNlmas as-In lamwlsr');anti H,ly(Tank and Trust Compami,eeW GPbed, LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 131 MM dus41,p0 Box 160.Him,fA 52235 talnre4 n bulb.u'L.h&e).Far gsad ase vahratAs eorNleera7on and 1a lnleee LeAa art,a eak4 a ton 1p Ba,rswsr,seen Fatly agsapag IMa Agrsaraii STATE OF Innby rapraulaa and eglatt whh Lendaraa lalkwa: I PROPERTY DESCRIPTION. The word"Property'as used in this Agreement means the following Real )58 Property located In Johnson County,Slate of love: COUNTY OF 3-0111s.. ) Lot 93,Stone Bridge Estates-Pad Eight,Iowa City,Iowa,according to the plat thereof recorded In t 1� _ Book 58,Page 247,Plat Records of Johnson County,Iowa This record was ecknbwletlged before me on_,Qr��LV+a Itt _20 b Jeans J The Real Property or its address Is wmmonly known as 234 Colchester Drive.Iowa City,IA 52245- Y The Real Properly parcel Identification number is 090741 OD07 Allen,Member of Allen Development LLC. REPRESENTATIONS. The following represenUdix are made to Lender,subject 10 disclosures made and accepted by LaMar in writing: JACE N 0411.EY U of Prayerry,AMW due n egdSgt 1nd1r Ik'.[n has M.� �.__ ivy co to In and for a Slate of�� 14—1 :then rut bees any rasa quorai'Py rnooulxlrrca stomjj.,Len.m.wohoemMlt aa`f feu MY commualan eaplrsa A•15-121y ,o r -]•„':Y. MYpaltoeN.,act,eaaL relylb,or InreaEeao4lbl0ala of 11y Huartlous 6u]s:aws by May Poison rl uMx,or malt tlw PrcpeRy. RaaaNeua 3upFlkMea. AM.,a..".ir,and fMer+Nte,hoe en arewiloge,or reason io Drum.Irb1 the Prpparry,vmalu.or oe4 rr,ather owned by powlous Onyoshls,far ryra c—xftd atem:us,PCLk load paints a Xv,01 Hernroys SsbNences.whhMe.asp In construction or stored an the Property. LaspPq Ver.7Y 1.GO44 Cal.Pviasi VSA Carpempon 19117,2022, Ae Rituals Ralafrld _IA No Notices. Indemnilor has received so summons, citation, directive, letter or other CLASRRPR01HARyJN=R6PLuGUFC TA.12mm MAI[ communinuflion,wrtien or oral,from any stun.y or dopedinenl of any county or state or the U.S. Government concerning any inlentional or unntentional action or omission on,under,or about the Propedy-Hach 1,.1 ouWRd In Vor Nivat'y,xptavq,mnrg,4umP'n'P,pp xoq j.:mg.VM(AV Sir dwhising of NsaYo'sa 5obalarlaea kaa any waWL imblepl pv is,area any lava or vQ,u. dWJ"rnrf Mawr reauaW 10"(Ada,welim.fish.heL1i,ah,WM Info,bore,i r w pear Nb W resources Exhibit 44 to Petition Exhibit 44 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT f .. E-F$I-ED 2023 NOV 29 3.14 PM JOHNSON-CLERK OF DISTRICT COURT r HAZARDOUS SUBSTANCES AGREEMENT 7 HAZARDOUS SUBSTANCES AGREEMENT Login No:l`_ 2326 (Contlnued) Page 2 _ - T Loan No: _232B (Continued) Page 7 AFFIRMATIVE COVENANTS.Indemnttor covenants with Lender as follows: - by Lender.Any inspe ions or tests made by Lender shall be for Landers purposes only and shall we of Pro Indemntor will not use and does not intend to use Me Property to generate, not be construed to create any responsiWllry,or liability on the pan of Lender to any Indemmtor or Property. f to any Omer person manct ufaure,refine,transport,treat,stare.ladle or depose OI any Mezerdous Substances,PCBs, isea paint or asbestos INDEMN and hot WAIVER AND INDEMNIFICATION. Intlemnda hereby agrees to and agents, a indemnity, tlelend,antl hold harmless Lentler antl Lentler"oRirars,dlfemore,employees and aganls,and Lenders co"loc nee With Eavranfi,W.Ll my J lineEr"ir tiellkbet!ComeUA O Praps,N and the apreaboles cvims,din lee 0a1 l ins 1hav ellaen, marl.a,va'gWfNs aria agape loco and aglorlei rrry aiW Is OOedensed en R to carglr W+dn aril'enp 1n Farwemmewl Lars acre nacre al any aeon V eeia dairy.d less.Ifee l O d one OPPO marl..in a sear aM e�errses llui Ali w+moua➢mEAxn auu.va"llerulg 7wladcam under any I sa rnw Lilies.uw+has axe ro Mer;"a o t.- .ea anunoyr'nel n feel am gi err appal w Bevan sear card I aonwlulxa'Nn re+samn roe eempq a*s OR and aiteenrel aermof arw awhoar SW ur:wed by EnaMe Vht L.r+wdM pe1Jn nequa•asee�rc.damages afw ual" ",as wN ,xwreorty wMr person fo1 ana.q cur el e parri Io srr(A PreprRy n 0 any InOrii.W I ire tumuli(And.ndwldl rl"',L cif, erlgh rryrung. er V Maecrpy ar rem t In kWh r"jand Na painaapema n�,lee ciao a E COndu;fed en the Pewnns and WpKKalon I and any am.or W thun. M Nam Awte sM1 nave,Linde'M&fry tax by ns spy ny gr eFam>fAf n Cady W p<errt O.,earl arva Iequr.'ee Df Err.lh*T-N 4-111 expiration or revoeelian of such permits or euNorrzetbns or pl O,dOn ed amy ye„arfxnare'.+awwwde nOwnp Ions=,elan vadb asp EmvylwrynMl tacit-ixlWnp Pnevenllve,Invesllgalory end Remedial Action. Indemndof shall examse extreme care in handling w T.oot Pnefit—ON rebuiu l rrdOraaa daduglA or Is)adaap gild of of rC lA 10 dry Mx9rn♦:sfn~ H.zertlou.Suberences If 1namMdar tiara or axovra.ra any hidcneerar.W 1"-'lye ar"hes wnp a wCtaJW 01 E NranlnanLY Lawn W arty"plGbk pedlvrl a appievNil,ar(a]on OCCWthl.w Ohio eno"Ce any antl M pea-ruive,Investigatory or rieneram action(including emolgaxy rNry la Lender V a f Warm wtla.•Las x a trig.I0 any pnsojew anew vut.,n euJteG10A tnppala,ndere".contewnent and other Ie»reerl action) I*required by any"falr.6Y will,er M evict xay relafly W gf"WOO of airy covaluN,rspoi crmatah Or warranty evitanad M #mnodPpNW Ltyrsa or orders by any g0vemmdnlal ounnrlty having jurLedicldm under Mla Agleameet.(ill da vg11eion of sae Enwlpurai Lewa,freeman,a;anme Fll or agpro'vw%I.4 Epwrormyrd.l Law&IN (b)nptetaar 10 proving w nere"No P*P"ow"Vr frecArdwg daraaya the tile.roatn:�d.varpe,q�namn,tnmsRlctae.per AA,fie ass,ape,ef/yptal of oNes to ouvparhs d&ris pfdparly),paynrsat"a eamage fe Ilia mvieeeentlns.a 016 Unreel al any nanehat;Of kier"u1 Suisyncu On.me Property.Or Ira)dal"nyn>.nildrr of any M IN P,islei Dr. such Carnage Or se"If.lay neaMe el p aTpowre to Awardryp SYbrlanCes nrprnMm win ft o,Cue plM .chair or N✓fataned rlrsNe ol.RATan e. W Mae Indiana Witila senu Pitsparry err eparasdftl or say rxenp"an Ihs Fknpsey. N has Sven!Incen—ax fo-1 to va keen t,"I"Joy makrdeeg wetaim ti"or ace/pmremld oNlrep een'.ninCbn 01 lew Prapoi aeegplee Or Mf or lndomnepra ehhgahena WNer Mid leGbl d Na Agrimeni Lennon may Ibut la0a not be rpr preayuey d,adbud M Uvestj a[W stirs•::::0 it 4 Agreemenl.Inpnry A.N a➢egabenl urrodr pgykad fo)pa,lcwn le"001`1;41 n at Incub a sOR-H Ab wc,: a am arpenaea sea S Aa viral sonnur dy lenmMeltan el M Agrranatd and el MI PowM Wake,m fly Srnisaf buurud by LorLW under Ilia seoltxn and olnerlesse riff MA Agleemem arid"ba laimbeeted by secllon In addition to this indemnity,Indemmtor hereby releases and wawea all present and future Indenndnc la Laedar upoi dnei ad Wall,Neyll IR that NOW dafaW taro-or in Ins JbW-Ce CC• claims against Lender for indemnity or contribution in the event Ind-r ntor becomes liable for cleanup idrfaua rrKe-Y.0r e1p;e tressua tale Cenral Ord todpe aria Wend Mal Lender slut nova fuU or other costs under any Environmen ti Laws recoureet to Iedemnilor for any sum at any time due to Lender under this Agreemenl.In performlrg PAYMENT:FULL RECOURSE TO INDEMNITOR.Indemmtor intends that Lender shall have full recourse any such obligations of Indemnllon,Lender shag at all times bs deemed to be the agent of to Indarrnttor for Indemnilors obligations under this Agmarrenl as they become due to Lentler. Such Indemnitor and elect not by fiesson of such performance p r deemed to be assuming any liabilities,losses.claims,damages and expanses shall be rebnbursable to Lender as Lenders obligations mWaal:y of Indemaelor Yndrr arf,Envlroeaaam Low of 10 any INrd party.teyamneef hereby to mr•e pay Nals with respect Ihd.Me e'e nsuned,were"any epqurmledr of vivi for the enveMawy apecalll Lai a.M011fievil OftMffy,avlati a nth fug power 10 Worm:Such of Wimple ol.lcoanr Of any litigation.Clan a Y.110 proceadasp,and intdaerWgr ahM Pay ouch liability, Ie terries s eblgalrxf sneer tine uaplan OF bed Apyrefenl as Lender seams rxrasaary and IaHn-daima.amages and np"tes 10 Lantfar as co inaunsd vvit111f1 poly CA)days attr written appropnale notice from Lentler.Lenders notice shall contain a brief Ilemlzafmn of the annunts incurred to the dale Noticed.Intlemni it shag Immediately notify Lender upon becoming aware of any of the following: of such notice In add Non to any remedy available for failure to pay periodically such amounts,such amounts shall thereafter bear interest at Me Note default rate,or in Me absence of a tlefauh rate,al the (1) Any spill,release or disposal of a Hazardous Substance on any of Me PropeM nnerdbn •or In Note interest rate- with any or its operations U such spill.release or disposal must ba reported to any govemmenlel aumoriry,under appgpae Envlronmanlel Laws SURVIVAL The cm-mis contained in this Agreement shag survive(A) Me repayment of the Indobm tuns",(S)any foreclosure,whether judicial or nonjudic,el,of the Property,and(C)any delivery 171 Any tp.a.rerallrA or Imminent threat of contamination,of the PfOgtriy by Hazardous of a deed in Ireu of foreclosure to Lender or any successor of Lender The covenants contoured in this 5Mssaawa,v a,r volabeh at en.vormnAal Laws an Coruloe0W1 will that Properly Or the Agreement alai to Wr than b011eE1 ill Lngn and my successor 0 Lender,as holder of any security operations Cano.cam W the Properly interest in the prepare,el Pn xdebledaeH soCurse.thereby,or as owner of the Property following (3) Any order,notice of vlolallon,fine or penalty or other similar action by any governmental foreclosure N lira&,Wey 04 ei4 d n altrr of fi-efa.ree. authodry relating to Hazardous Substances or Environmental Laws and Ile Properly or the MISCELLANEOUS PROVISIONS.The following miscellaneous previsions are a part of this Agreement operations Conducted on the Property. Attorneys'Fan;Expenses. If Lender Insldulas any soil Or action to enforce any of the Iefine of (4)Any JudIUal or atlmmistrabva Hazardous Investigation or proceeding relating to m Substances ING Agreeenl,Lender shag be entitled to recover such sum ma as the court y adjudge reasonable or Environmemal Laws and to the Properly or the operations conducted on Me,Property as ahor ays'fees at trial and upon any appeal Whether or not any court action 1.Involved,and to (5) Any matters relating to Hazardous Substance&or Environmental Laws that would give a the extent not prohiblied by law,all reasonable expenses Lander incure that in Lenders opinion one sonably prudent Lender®use to be concerned that the value of Lender's security Interest In necessary at any time for the protection of its Interest or the enforcement of Its rghts shall become the Property may be reduced or threatened or that may Impair,or threaten to Impair, a pan of the Indebtedness payable on demand and shall bear interest at the Note rate from Ilia data Indemnilors ability to perform any of Its obligations under this Agreement when such of the expenditure until repaid Expenses covered by this paragraph include,without Iimilalmn, performance Is due. howrver sublect to any thrills under applicable law,Lenders attorneys'fees and Lentler"legal expenses,whether or not there Is a lawsuil,including attorneys'fees and expenses for benkruplcy �qcceae On Records. Indemmtor shag deliver to Under,at Lenders request,Copies of any and all proceedings(including efforts to modify or vacate any automatic slay or Injunction),appeals,and Vocuments to Indemnilors possession or to which ft has access relating to Hazardous Substance. any anticipated poet-judgment collection services,the cost of searching records,obtaining age or Environmental Laws end the Property and the operations conducted on the Property,including reports(including f—losure repens),surveliore'report.,and appraisal fees and title insurance,to with Out Imitation results of laboratory analyses,she assessments or studies,environmental audit the extent permitted by applicable law, Indemnitof also will pay any court costs.In addition to It repents and other consullenls'studiss and reports other sums pr—ded by law Inspection.. Lender memos the right to Inspect and Investigate the Property and operations on It Govdming Law. This Agreement will he governed by federal law applicable to Lender and,to the at any time and from time to time,and Intlemngor shag cooperate lolly with Landes in such extent not preempted by federal law,the laws of the Stale of Iowa without regard to lie conflict.of tnaps,Uon and investigations, If Leader at any time has reason to believe that Indemmtor or any law proelllons.This Agreement has been accepted by Lender In the Stale of Iowa. Occupants of the Property are not complying with an applicable Environmental Lewis or with the Choice of Venue. If Matra is a lawsuit,Intlemngor agrees upon Lenders request to submit to the r.qulrement.of this Agreement or Mal a material spill,release or disposal of Hazardous Subsances Choice ction of the[.tins of Johnson County,Slate of Iowa. In Lenders hereby waives notice e has occurred on or under the PropeM.Lender may requlm Intlemngor to furnish Lender at Intlemngor.expense n ernuonmanlal audit or a site assessment with respect to the matters of 4 CV of 74 M1grpenytn by L"der' Concern to Lander-Such audit or assessment shag be performed by a qualified consultant approved DEFINITIONS.The following cap1allzed words antl terns shell have the following meanings when used Exhibit 44 to Petition Exhibit 44 to Petition I 1 E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM CLERK OF DISTRICT COURT i,,,,,4,,,1 HAZARDOUS SUBSTANCES AGREEMENT _ HAZARDOUS SUBSTANCES AGREEMENT Lan No: �z328 (Continued) Pape 4 Loan No: -,2328 (COndnued) Page 6 Wilds Agreement. Unless specifically slated to the contrary,all references to dollar amounts shalll±?'1' mean amounts in lawful money of the United Slates of America. Words and terms used In the singular shall Include the plural,and the plufW"I include the singular,as the context may require Words and GRANTOR: te6s not otherwise defined in this Agreement shall have the meanings attributetl to such terms In the Uniform Commerdel Code: - - AgreemenL The word "Agreement"means this Hazardous Substances Agreemenl, as this ALLEN DEVELOPMENT LLC Hazardous Substances Agreement rosy be amended or modified from time to time,together with all I exhibits antl schedules attached to Ind Hazardous Substances Agreement from Ome to ame By,_ r� Borrower. The word"Boma, means Allen Development LLC and includes all co-signers and Jews J pgen,Momhar of Atkin DavHopmaat LLC co-makere signing the Note endd all all Ihe'u suxaseors and assigns. Envlfanmahlal Lora. The words"EnVWnTenIAI Lawn-antan any aria all slam,fedahtl am rwAP LENDER: statutes,regulations and ordinances relating to the protection of human health or the environment, induding without limirellon the Comprehensive Environmental Response, Compensallon, and Liability Act of 1980,as emended,42 U.S C Section 9001,at seq ("CERCLA"),the Superlund HILLS BANK AND TRUST COMPANY Amendments and Reauthorization Act of 1986,Pub,L No 99499("SARA"),the Hazardous Materiels Transportation Act,49 U,S-C Section 1801,at seq,the Resource Conservation end Recovery Act,42 U.S-C.Section 6901,at seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant thereto, 7t Hazardous Subelences. The words"Hazardous Subslances"mean materials that because of their Jace M 8all.y,VP,Co M.NJ l Baking quantity,concentration or physlcel,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 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT '-Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or toxic substances,materiels 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 STATE OF -1-0.u0. ] 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 COUNTY OF renewals of,extensions of,modifications of.consoddetlons of and substilullons for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Indemnttors r��L II obligatlons or expanses Incurred by Lender to enforce Indemnllofe obligations under this This record was acknowledged before me on�l C4[]X (y .20 by Jeeae J Agreement,together with Interest on such amounts as provided In this Agreement. Allen,Member of Allen Development LLC. Lender. The word"Lender"means Hilts Bank and Trust Company,its successors and assigns Noes. The wwd'Note'meana the Nola,d"Goober 14, 2022 and i—Vied by Jaen 4evpl4e@nt LLC in the principal amounl of 38MSI5-00-together wdh all renc*&4 of,extent.aaa Nodry OuIiNe In and r lha state of IzAt of,modiAcations of,roflMW%!ngs of,cpnoplldpllonf of,and substitutions for the note or ueca d-PL w rCE N QRILEY agreement. ys My commlaebn expires Occupant. The word "occupant"means individually and collectively all persons or entitles oocupying or utilizing the Propfay,whether as owner,tenant,operator or other occupant. Property. The word"Property"means all of Indemnllofs right,fide and interest in and to all the Property as described in the"Property Descripllon"seclion of this Agreement - Real Property. The words"Real Property"mean the real property.Interests and rights,as further LENDER ACKNOWLEDGMENT described in this Agreement. TT ltafaled Oappments. The words -Rattled OaCumemW mesa all promissory ties, aed'd STATE OF 1.014 I lgrosmeels. lean agreements, ori-wmMprat agmemen;L guaranties, securmy agreements, morlgagos, deeds of trust, secunly 0"41, couakrol and ae other msuuments, i/ 1,-' 15:• agreements and documents,whether now or hereafter existing,executed in connection with the COUNTY OF ':1dA4/5)IV l Indebtedness. EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT,AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER 19 This record was ac mviedged belofa me W$ 6L.e yy Zp by Jace N. NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. THIS AGREEMENT IS DATED OCTOBER 14. SAIW a VP"Commarclet 9anklrtg of NIA,Bank ant Trust Cq np 2022. f INDEMNROR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS HAZARDOUS SUBSTANCES AGREEMENT AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. Notary Public f6ind for the State of My commission expires >C icoealrkrlh�..barnmt Exhibit 44 to Petition Exhibit 44 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT COMMERCIAL PROMISSORY NOTE AND LOAN Hills Bank and Trot Company sa - Leader:Thit,Wll Include All accomxs Itorowv boWa riotly rdh wooer-I-Aad 00 sctarlma Bart ttmy Open iu Ole forme Such not AGREEMENT 131 F Main St, o(scooff may bar euttiscd by Irnder aving kaartown w ag-Seer any AVOW fa d,e hakfll of acdiwrc,a[ertxr,or occwow,IWyea-nice Hills,Iowa S2235 -hadaacw aedirar lid lfanrwxt,a ay m,l-nyalee e!te nl-'ce rhnugb or lFdlout B-ct or such mi ffere C 1kc b-fil of uedirars, �•• •teeriva,Or otc-tim,judo-moncv altaebmmt endiw,nvluirh.nnd,,ll,,fact hod su[h rroa DfAer•off has fµ been aedise4 by Lc�W b=114 of C941bor horn 11 _ _ '••4 e ' f• M Abu nwkinL f hnP,ass iswoosm or SVrvot wpm I.cmkl of,w al noon aL l nipMfpd fat due y App•11nYrr_A1 apfliulmn -L27 May 3,2023 S70,00000 1 month jone 7,3021 fa lye appdiaWhgsl of a memvrr,su itwaat<o[-hulaim,wbfnmo at.,kr a nvmas.Ltndu vnRfas ZK lubk lea the d.Jsamr v[any chttk _ -lxn the disbonm axrvt br-arc IAwc%a"l ((.dehe-pl.nr fwms.,s?%:c ant.Ilarmov AV=to hoM L.A.harmleas from Aatycwm LOAN PURPOSE:than tern epmllna ,at-j Aar a Arvith ofLSf Yr 6bunaulg Larder's tiOP 10 s ff 3WRROWER'S REPRESENTAT1n%4 A.NO WARAA%T$E-¢The a„tim uA trade in Ibis mcem wsD Co.ttana a ld maaLn in effect vmfl BORROWER INFORMATION all.(the Otlignims=fatly paid to Lame.Each Bo mwv answWW la had warrants to Ler ll"the fpllrlwiny. Alien Dwclopment LLC Derreneel Eirliew and Aulbotlry.Facts Ban—pal it trey faeaed-vdidly crisicg,and in flood standing Order all At" PO Box 3474 IE--wing We Bvnowrr wd 4W Honmwrrl Ismoto;0)k duly-morsmd,gaalifgd.and has obuincd.11"swak•abnalY Enoch town City,IA 52244 'pulsdKlroa rrbac Rwrwe Wlldu<r+bDsiaru:lad icy Fn 4+e pawn had aradaerimy m pmWe ddiver,and ptHoma fNd\lee end As _ Reread!ocustr crox;hit NWe nd At.Brlaud DonelAlaln,upon car ,ioa toll.klnrry,tall caruibMr velkr.bh.6-;.and kpuy DEFINITIONS.The following definitions apply when used in this Note enforceable obligations io auordance with their,ap,,Uve terms. "Borrower"meats Allen DmIopment LLC. 1'kamdsil Ief-lion And Fill NL I'mrcial Staam[ms pmvfdedTo Leader 4"been prep.usd tad wall0"it"W bar P-Pard L% "Call.( I-mean the Pmp-ety"my parry to this Note or the Related Documents rosy pledge;mortgage,or give Lender,security stcerdAis a fesdl gta Aly xcepte t Atm+etdry pnnegdes,comiHeuly apply 'cm,!fully oaf fairly pramm die Glwhcial calwhden or imemL in,regardless ofr,cm the Ptepeny is and mgardiess of when it was or will be acquired,together with all replan<ments, ,alb Bon m t.04 dstc hen It en allPWtfwsl ad,�etsc dwita In UatmweA hcstr:ss,Fh+[wsay,as rmd;tinn,elder[Wsaeial at. f Rttuitmions,paorceds,and products ofthe Property. 4(hr-j -sWa the date el'Dormvefl laeeat FaaOtsl SLalmenLL Fach nrwrww b.s Tkd dl[edrrd,-a ,,and kfal ter return,and "F7oandaI Statement."am the balance sheets,earnings slalemem,and mher foanciel informalian the,any party has,i%at.will be outer rcport$.M filings ropraed by law to be fled kime them da of Nil N4"rid less pate 0WMa s Ms,anAm-d usrg,.W are due and enable prior fo lot On,of%hit Nets Eut fK4maer ha,made Aw-Ak-plantar 0u these.)T-nrpgy, dot ec giving to Lender. ex Hills Bank ad T"Lender"mars asus,Company whose eddres,is 131 E Main S,,Hills,law.52235,is auceessms and assigns flanks yc paydrle Tex 8aevwre dad awm Lwow of any xheimey ere addisienal l.n.raent Rol diK]dted in Orr w flanks andd records ds "Noll"means Ibis Commercial Promissory Note and Loan Agreement. All frnanciat wtw rwis a coerce.subnlimed to Leech+via elntranse meAm,itwloduy,but rot lunised t4 facunsi",rpm ic'enses "Obliaadom,"mean this Mole And alpmbca Irons and irdeGtdaess of IiWaro-W Ladet,rM]pdmg End nnf limited W k.and,Tt eoaamdliealkaK or oust,Deb pbpnse ar elecaooie metEodt ineluduf�but tall Limited An. ncamc,4 is in Tagged Image formal Fila paymeap of irtirl,%o An LUM-1!amount,Lmxt piyt 0 prarrart its wk,eaa in OW CollaWa4 it end sm,in sepn6A a.Cetamh vtth rTIFF'1 and P-ut4e Dx.m F4 l{•POPE aMLI L�,re--d are 4bmis,sad w01 be folly binding wish full 11FO face Aced effect ladrr,Aod All othcA haicblolmaA.ob:yal:mn.and jiebd:dn or Bomrwe w fender,whether mdtrlad a umnaWred,rgrndaud a panic_iv Any(ignl lhcy may have so OWW.0 av h v41�.Isoda may rely m.11 nrb.erordi A Coat Groh w ofvnpkse And miiqu:d.rad,rtirra nr ad;ne>,nhaoluae m—ungna,iaim m ac"ml,dr,.to htt4me duc,m,w c.Wimp f-hcretrwr aa+A4nfi ac-aarak moard,po."at.gut ruined by or err belwlf of the parer w1-illi l wth Wtut s "Property"mama the Darmwers mach,regadlev ofwh.1 kind ofawcs they are. Title had Eneumbraoces.Borrower has good tide ID all of the DDrower's risers All enmmbrartces an any pan of the Property were "ReiflN LaCAmtah"u,caa all po,,"Wly noLM menrity AJneemedb,mortyegrr,drfda of(11"4ccdL W 30c*e 4cbC bosiaaa loan disclosed to Lender in writing prior m the date of this Note ag.cre-ls,,pAUrueliMh Iona 1plac;ncrAk t hr#ma,gaaat.lret.emim.mmG1 SFttemevll,enlfordl4easal-flnromenB,`a" �ts- Compliance-ith Gtaml Law.Each Bomdkn is In wmpli.nce with and will conduct is business and we is esse,s in compliance and my otber doeumee,or egrerrowis aautcd inc ml Loa wth the irdcblorfacss svidaeed by pia Nair,wbetbe how or bcru0cs with all laws,regulAtims,ordinances,drrcetnrt,wA orders of any level of governmental authority that has jurisdiction over the c rating,mchtdmg any mr.fifletsoc,.cssr-r,submruliml w aenenk e[aey of t[x fvetviuAt.The Adwa Documcou are hv[by Borrower,the Borrower's business,or the Borrower's asses. trade A part of this title by fefaecet t,",with aw inner Imce And effort a+in411y eel fm h bercm. EnvIranmensL laws.Each Rmrower is in compliance with all Applicable lows and rules of federal,stat%and IOcaI authorities affecting PROMISE TO PAY-fir value toxr,ed,receipt of which kr bereby acknowledged.on a Woe franc%2023 W*Mwarly O-Idl,ahc the environment,as all have been or Are amended Bmmaa prams-m Pay the priw*t arwum of Se,enly,Tbwreand and bill no D.B-ts ISM.ODODd}and ad inwtst ea 0, No L!(IgAtfamtia lfkreprnenlatfrn,.ThtK arc Its ekrung w P,•din8 a,ia of 4NrMcvdingA befm Any-W4 1pm aarcor nkancy, pnntlprl balance and cry 40a wrgec me:wlsag ricrac ebaepn.w te alder el L sus.As its clerk.rs tM o"reas Iaa"a:b car As u hxba vbrvatioa pand.admloisaig-mbvmr.Oc ether body,ec thaAtcxd atains(llwrawer*9lily fault kn my notteul.lore clavc In place.tench may de,kptase in wau.w-The Ban-reef make all psYya lnh in l-W MPBLY oftlre United Stdra of Amcrim. Ibe Da-cea Ineinew NePtrhy,nr fnaud.1 eediufn,old dl(tptrrr tim-W w..Va a in thi,Ns Lc Odd.R.darrd M-mie s PAYMENT SCHEDULE,All unpaid principal,-owed and unpaid interest and any outstanding charges shall be due in a single paymeal an are we and correct and no materiel fact has,been omitted. the Maturity Date No CnotrAvdg(lm at I.w u Coal,"The rescvGnn And klnxly of ids Ag-Atem had coirarausal i of me I--es-clitn INTEREST. mnlenplaood bard wi4 om.imrsmh,ly0 with ebt pwgr of lhm.the fils'it of notice w oehcrwlac+ir lair my I—or tmrlt in dac In(ereat Rate had Scheduled Payment Changes.Interest will begin to accrue on the date of this Net,The intenesn rate on this Note blench or cry of the terms or-arrdai.en or.convtiewe.maucal do$s,ly 1-h 011ie,,of xrdluNe ony nvxl e,nek,hark,contract,will be fixed at 8000%per amnia Indent-u,.pecrrW,!stole or other Intau-runt et.abfisado,,of my kind or NWae 10 hich B.notwm it tow a pAny of by wbieh myaf ffc Cati-al it or rsha3'be twund or.if-hod.,a,violoo Any order,wail,k!mKd n ter decor'of may cewm,adnlwlw-dwe aeeney n Camplfefxe cede far-Nothing yam=ned bnelts shill be eamuold A,(o require the FWrawer to rm itJent at a Weser,ate Nrm Lht govemmcmal body,or the govemmm decumems ofBormwer, sun dborfol fly law.If,hmune,frmn myeitewal=wser"Rwrnwcr Pay,rwucu.l or a vMdt nit than d.aaamrsn aM.Wod by Irv,the aNigmen so Le Ta�IIcA ttfit be rtdaerd to an mecum compared as me hiphol role or rnlrrci puminsthte alder Appli"bre law COVENANTS.On the dare of this Note and continuing mlil the Obligalions Are repaid and Darr-e,ablig.li.m.are fully performed, and lL for any Wares whgme-,Iar""e,eve resei,a imwa„M An aremt wbxh wwl,f he ll t d unkta'fd uneu Applicable kw, Borrower covenants as follows: axhinvrnts}06e-uWnateally applied to am.ann 9-L in Lenders Aoltdiscterm,vrmcllafwne aliosrrd by npplienble low. Acerud Mdhod.Iotercss an this Nate is calculated m m AcnuVJ60 day basis.This calculation method results in A higher effective Norms ad[tops and LtllgatlnnfNullee of Adverse Events Borrower will promptly nalify Leader in writing of.11 th-slimed and AcertuacestlMe bute than the numeric thiintes N roe stated in this Note- wl lingmium gavemmental pro-ding,defaull,ad every other Occurrence dust may have a,material adverse effect on Harrowers intRrfanR Ralr-The tmsunamg pmimpol belmce or Ihn Ilwar OWL hurt do E,em of Drfadm masts under this Note or any other business,f Bon condition,-the Property. sgfrerrwal ale ted wthe hers,be wb*1 war default me id wacmta eq-1 m LLON%Per arum,uvl after the Maturity Dal%whoher by ]ewraate l Bonn"1 MI yi And o xdeq¢-le Cur sad cqEk d.4UUM44 peak as may a Revenge,hby Lats*hen All areg ono Poi ter( 114'c o aaeleralion a othervku,than be W*W to post-ma:umy me of Lnrenc tq,W to 18.000..per ammo C o-taral mare.AMdy,and ant it Isk 0 rend-d All Wes m myr be r wit by L;ad-r All ire to Lc palsies well 3x W •__,"eb upoa eeaAas,had M a fora uc�bk>e Leadtr.Ap padtixfauu l+c eueeee wim immex Acapt.ble to l,mda.Harowe Will LATE PAYMENT CHARGE.If any required payment is more thm 30 days late,then at Lender's oplimt Lender will assess a late payment preside mdeta minficWry to la-lorofAO,n ruMMAohad that the polices Aar in BAIT 1501100 and elfca 3c4 aG IA13mamem she Colrautal charge Of5%oflhe anon, fthe regularly scheduled payrmm the.pan due. will AAma L-Ma es a mb,rpapec And lost pay-{will incloe.lenders East payable 4odencramL And will trqube 0 da)t a0wc PREPAYMENT PENALTY.This Note may b,prepaid.in PoII or in pan,at any time,withmut penalty. rnjL•[n watkA to Lrnd"ofany jaaWradm ef-ge.If We ensw af,4tIe mainni.requiredm,wase,the ayeerace of Abe rfgnucd SECURITY TO NOTE Security for this Now is granted pursuant W the following samiry doeulnent(s): inwemec will he An Ew of of Dehuir.if Jlis It} ,1.Laalder may buy the Ian u c,but will hart an Obtimm rl W hay w Tsm • Commercial Scfaurty Agawenldetcd Mey 2,2023. amounts paid by bonder will be added W the Obligations-will be payable m demand,at Leaders option. CIIAA<VT.N f Wes Ir,nr .1 a t d M y 2,elyd AlAy Z.2OS3 Am Bern ueeuaW Jesse 1 Allam Carfl-alery Daremrnk had Arc[eai BuTawa*+was us1 an Lender's request,Ronewcr wit do my Act u exmuk my Additional CORK OFSF.T-pp T4 fie raaaa tad Law, .1odM m 3 A�{.ender tarot art rb mac Milan Iw due and bee mien ciac4mmrd,bar me err may be r.Wked to make thn r,-,al lbe loan-d %the cordidwl ergtamcd in L—ke,romaniunml to perslan t An L mum ,Out,L to fWrwer!IN Win my 11 nr due and payable s with ilenewer Will"fate dart ofLAwlera acq ah.Banana wll!Nenirb an-94vel eenrPwe in a farm Liuxlcr apprvrrx rani,?laer_,,hell allured a mlmu[syed,Mara y— g by g Any-. ewes-mess-0—t—s<o,I.—t—wd-to.—A woawa c—s.,eu uconsmr.leawee..sun slur rammeae Rmvuvry lie Oleo awemel-DIAaa6 Welder "w'wplu"ay,lvxem Damn R®nivraWeeM lmvAwmw-puma 3Aerda mwiaL®rn®rev Exhibit 45 to Petition Exhibit 45 to Petition E-FILED 2023 NOV 29 3:14 PM JOHNSON-CLERK OF DISTRICT COURT "" E-FILED 2023 NOV 29 3:14 PM J0INSON-CLERK OF DISTRICT COURT Payment of Taxes.Borrower will pay all taxes,levies,and assessments required by all local,slate,and federal agencies torrowor will ATTORNEYS'FEES AND OTHER COSTS.I agree to pay all of Lender's costs and expenses incurred in connection with the enforcement make These payments when the amounts are due but before any penalty for late payment is imposed Borrower's failure to promptly pay of this Note including,without limitation,reasonable atmmey's fees,to he extent permitted by law.The foregoing provision related to payment any tax,levy,or assessment due will be an Event of Default unless Borrower is diligently disputing the amount and Borrower has of attnmeys'fees applies only when the amount financed exceeds S25,OCU and is secured by an interest in land. established areserve account for the payment of the taxes ifBormwer does not prevail in the dispute, USA Patriot Act-Customer Identification Program.To help the government fight We funding of terrorism and money laundering activities, Business Existence mod Operations.Borrower will keep Borrowers existence in its current orgirueatiotlal forain Ibn Federal law requires all financial institutions to obtain,verify,and retort information that idemifies each person who opens an account unless Lender gives prior written consent to Borrowers prmpaKd change.Borrower will not sell a merge Braid"busfnep or A.iy What this means for you:when you open an account,we will ask for you name,address,date of birth,and other information that will allow us part of Borrower's business without the Leaders prior written consent.Borrower will continue its business as currently conducted to identify you.We may also ask to see your driver's license orother identifying documents. 80nower Will our r)srnge lla nymr,its IrfetieiBcation number,or its place of organization without Lenders prior written emn t'Bor ELECTRONIC SIGNATURES-Each of the ponies m This Agreement may execute and deliver This Agreement and any other agreements, charge in wolf w its hooka+hi rumba at,sa.the address in this Note.Borrower will pmrsoptly notify Lender is writing of may pLrancd documents,or instru nents to be executed in connection with Ibis Agreeneni.by electronic means in accordance with,or as permitted under,any change in Boxow+#s prindpsl pkerorhluinca. applicable law,including,without limitation,the Federal Electronic Signatures in Global and National Commerce Act,the Iowa Uniform Environmental Compliance.Borrower will comply with all laws atrecting the envimomeot Borrower will notify Leader within ten Electronic Transactions Act(Iowa Code Chapter 554D,Subchapter 1)or any other similar sute laws based on the Uniform Electronic days after Borrower receives a summons,notice,citation,leper,or any other type of notice from any federal,state,or•local authority,or Transactions Act The parties will not raise any defenses or invoke any regulatory or statutory claim attempting to invalidate the enforceability any other person that claims Borrower is in violation of any law affecting the environment Borrowers indemnify and bold Lender of the documents m which the electronic signature is affixed harmless from all violations of any environmental laws.This indemnity includes all costs and expenses incurred by Lender,including WAIVER OF JURY TRIAL.All parties la this Note hereby kuowio%ly and voluntarily waive,to the fullest extent permitted by law,any teaseoabk attorneys fM,ihm are relArcd Too violation ofany cmiranmcoul lave r,even if ew Uhlfgztiaas hwa bndr pold it lhetimaany right to trial by jury ofany dispute,whether in contract,turf,or otherwise,arising out of,in connection with,related to,or Incidental to proccah",claim,mr actian 0 su of against lender.Lender mky iltelfor t)Irough Burrower arrange for an eovimmat l audlt prepAred the t to trial byhip jury ofshed between them In this Nate or any otherof3e instrumemL document or agreement executed or delivered to by a quxlificd envimnnentaI engineering firm mcep pile to Lender in confirm the continued mccmmcy of Renal mvitonmonaml connection with this Note established the between Related Documents. represeoutions and warranties.Borrower will pay for the environmental audit. Use of Proceeds.Borrower will use the Loan proceeds in its business. By sign log this Note,Borrower acknowledges reading,underslandin„and agreeing to all I provisions and receipt hereof. DEFAULT.Upon the Occurrence of any one of the following events(each,an"Event of Default"or"default"or"event of default"),Lenders obligations,if any,to make any advances will,at lenders option,immediately terminate and Lender,at its option,may declare all indebtedness Allen Development LLC of Donewcr on Lender under dos Vale imm"alar.iy due sad payable wMaut further nation ofany,kind motwirhnanding mnoilng 10 the contrary in'his Norc or any other ngreemeai:(a)Bc rrawet't failure in make any payment on time or in the amount due;(b)say di It by Borrowcr under the Itmn or ibis irate or any other Related Doc motors:(c)any deraalT b1'Itnrmsva Whit,the terms of any other agreement between By:Jesse 1 Men Lender and Borrowee;(d)the dash,dissolution,or termination of exisreece of Renewer or Any paraotor;(c)Swower is not paying fa:Memb Bongwtfs debts as such debts beemac due;(q the eoauacacaa'tht of any;warding under bankmptey or in5olveaey hay by or againsl Borrower ar any gua umar w the appoiotment of a reccivcr.(g)arty defwlt order the'rmss of any o11ur imddrtnlncsa or Berm cr In any Wlcr aadilo,(h)any writ of alurhmeol,grrmshment ctcculion,tax lira or»milar uutnmunt is[astral ogairtsi ray Collateral securing the loan.if any,or may of Bonowxfs property or any judgment is eructed ogalnrt Barrora or any guammilar,(i)nay part or Bormwees basinen is sold to or merged with my ether business,utdividual,a eatiry;(j)any rcpraunulimn or v-arrmty wile by Borrower to lender in say of dun Related Documcnla or arty,frrwciMl rrmemens dchvemd to Ixader proem to have been false in any inswrW respect At nr the'ima when made a given; (kj if any guartmor,or any other party to any Related Documents terminates,attempts to bmnlnale or defaults under any such Rtiawl Documents;(1)Lender has Burl itterf iasecute or thcrc has beta a material a%wa ohaage of Condition of the Financial ptoapecls of Boroc r oc nay eollitltrml securing the oblipoom.owing to Lender*Bm mwn.Upon the o"cumna of an evert of default.Lender may Paul any renn+ly available under nay Marled Document,at taw or in aquity- GEYERAL WAfVEAS.To the eatenl penaitled by law,the It--fe"mily waives arty req:dred notice of prescnrment demand. eeelentinn,i.tuad Ill Prulerme,prrrtemt,Mod my other m(l"nod de!a due m eatrnsionr of litoe or atbtr imdulgecl by Lmd.or to any substitution or nleve of Collarral.No failure or WAY an the pan of Lender,and ne,cowrie of deaiiny betazen norrower and Lender,shall operate m a arm vet ofrroch power u right,nor shall any single or partial exercise ofany power or right preclude other or fuller exercise thereof or the exercise ofany ad—power or right JOINT AND SEVERAL,LLABILITY.The liability of all parties obligated in any manner under this Note shall be joint and several,to the exam of their respective Wigalions. SEVERABILITY.It a noun nframpeeeat juriwliction detrrmina any[err,or provision of this Nor,is invalid mprohibited by applicable law, 'hnl'rrm or pmA&Ibm wil l be fatflartisc m the extent mqulrc4 Any term or prmririon tint ham been dcitammed to be invalid or prohibited will be roared from Ole rest OfLW Note without Inval idating the remainder of cirha the afftered provision,or this Note TIME IS OF THE ESSENCE.Time is ofthe essence in the performance of this Note SURVIVAL The rights And privilagn of the Lender hereunder shell inure to the benefits of its suceessom and assigns,and this Note shall be binding an all heirs,OCeuron.administrators,assigns,and successors of Borrower. ASSIGNAAILfTY.Lender may align,pledge w athctvrias tram of this Note or any of ita rights and ptw•cm under ibis Nora whhom nonce, with all or n*ofthc obligators owing is Lcodce by BOm mO cr,and In such event the mu hate abalf have doe same rights as 7arigg ally real herein in place of Lender.Borrower may not mssign this Noie or any,benefrl accruing It,is hercunda without the express written coment ofthe Lender. ORAL AGREEMENTS DISCLAIMER.IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS NOTE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL.PROMISES NOT CONTAINED IN THIS WITITTEN CONTRACT MAY BE LEGALLY ENFORCED.THE TERMS OFTTHS NOTE MAY BE CHANGED ONLYBY ANOTHER WRITTEN NOTE. GOVERNING LAW.This Note is governed by the laws of the state of Iowa except to the extent that federal law controls. HEADING AND GENDER.The headings praacdimg text in this Note are for general convenience in iderui lying subject matter,but have no limiting impact An tht text Wbich follows any rimirylar heading.All words used in this Note shall be corumed a be pfsuch gender or number as the brermestmr of lequtrc. a zoor-xaaC visa snu,u uC Ill-zma netaa -teeomma.nsewem.rmr rrrrr Cmmevorl hpewory Nat area ta.M Aprmmi-DIAMD6 Pmacaofl — ..r.o C wart Ift.1a y NollrM turn A®-nLl0 P.VAe4 Exhibit 45 to Petition Exhibit 45 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT i E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT r.�71 COMMERCIAL SECURITY AGREEMENT RBIs Bank and Trust Company r -• f'rrneral laseagihimr Ga»m1 InmaglNre tldl carsix of 01 prr(aaai PlaPc rY stow dmnd aI kc++-+Pa ampdred by the 00Aor• 131E Main SL mtafiag durp ie a tieq ember Baas a0.vaem,chytel P.M.Mmrneftial ton Claims,drpavt:zcm&%goad,INWmoner,i.—onent HRR Iowa 52275 _ pmpeny.kner df etellir rdphes,leei.a of erxdi ro t, mrey;And oil.tar,or other M-'a d5 ber,M tacrxcnR Geeml tro hill spotcs s alsa imhde it paymeae immXlbks,nsv held w Irrrarke ocgousd by Dmor and all eolhae new awned or hrot aeq ti d by De➢m. .hkh it Owl r_.F_d by the wn"email:and an wppwl:el;Afonmticm pereainma or art t +bpcin.rleneot fneangihln 1673 May 2,2023 lmludr.but We nil limited W.nnrllectutd f"MY.rghu shot mire under a Iknac afim ucc uel P.Fwy,acbdsaa MA right W"Plait the mkll"..:.Md f go"widsuut liebdiy tat rnfno,a tnxnL and the Hot to paym.d of I iwa of bank Ilm u ra wift tad by ehagol BORROWER INFORMATION paper w an iroo m ol. Allen Develapmenl LLC I.-Miliewi FrapRry,'Im,csma'at prvpeery-obeli CMska.of 411 rr-'lviti--r'hMe:"'cillow or--ifiutoL aerwronw6omenes, PO Boa 3474 fnvaities aaaun[t,Wmmpditsp emar`e .and commedxiea arcowa.umv held a hermher aegnrrd by ebe Debtor.Ng16a will,.0 Iowa Ciry,U 52244 emvMt irtnlswoacnta,and gardens inpngi6ka retard mere4 Wed ale mpnfat iecursot RDCagto.and bentfiY atvrTaobk or anaviaam sy4 propcaq•,iacladmg.bear ntt limited W,all steak nab%epdvw,nglmu so wteeribr.dsydmdr"IipoWtpng dsHdeads,atoek dividends, div�aids paid w sloe.,new ssnpidt%ad ibo Fmpesfiea and IMM611 ra.'bah the Debtor ta,Or may hessa(kf bmonw.enddce.to COLLATERAL OWNER INF0RMATI0N receive on account of said p.pcn y- Allan Development LLC ChaBd Paper.'d.lol Pryer'ahaR tlmtlll u all rccouls now held tr beveafke aogIIpd by Debtor llyt rridrnee both a meacwy PO Boa 3474 ablTAM lad d Randly ipt"Ot hk gaalk gpdts annuity imerrst in cpmh.goods and aagwaea used ia$e panda.a.cmiyy rate Iowa City,TA 52244 .spadRe gods and haaaM af.0--.I is the;dod%a!"ofspocifu good,n a tease of sprig,psads lad dealer ofsenwae used In sM pmj,in bile Parv,7.A Y,oacwv vithp lion"Weans a ano.uay ohliyttlan s ,oei by Iha[wile fir owed uadtrA Ipase ref AGREEMENT.'Agnmment"means this Commercial Security Agreement the(adds and w4we.a mammy oy5 jujaj wide resptrt so satrrma vxd is the jdods The term daec ivg Iraiade[)Charters err elk. eoratarp.iAwkrhrg the use an bite of A WWI,or 01)okaxds IhAI evimkme a rot In ryymml aritieg W of the uW ofa ued'n conk m HORROWER.Torrower"means Allen Development LLC eMw and of imformu i--uliend on a for rxe with(be card.If.[ramacti,n is ev:demad by sands dsm include so iurx.re110 DEBTOR."Debtor"means Allen Development LLC. "Tim 0f adr bra te,We grw ran p 0[ ds taken topdrr eamthcos,banal paper-Tbr d,,WLdn or ebstret papa inelddo e-".k de14d pole,DebFur egrrn that it rill dam LLda in sAuinmg rats!ofe!ectel tore,Amer Pays Ly G1 mood ff a s &anhomni e LENDER."Lander"means,Hills Bank and Tmn.Company whose address is 131 E Main SL,Hills,Iowa 52235,its successors and assigns• an or tku reetaslfs)ear+ j;phkh 11 unique and idemif sale,(i)msiclag den the rnhwiasive coley Wemifrra ebc[rider n the St:CURM LIXTEREST GRA07.Ochim,on wati4cru roof the Oblkllmartt,barb?t);ren to all 0(ere wrrtn of ON.Agtocnuet ad fdrdmr axiaopraf eraadlcl,and(ih)emsumg than de mhoritai—Ma cad to sad rr inulery by the Undo or iu&mgr wl h.rby VocirWly yea RL Under a c.aimaing wa rtq m rank in the CnRnual.Debtor Rather geanr U-e--f1"inta.a rode proceed, nnlddlea.Eofin w reunions shoe add erd..Ae an kewlacd aas)perc efda am.5ario[ise cepy tan be node testy with JIM psnisipm- of said Callmml:the gro.t&of ItUni rneel We Lad ermdfV1W d1unaln N InGWICIANALM •+Ids lardwlg tee CotWmt:Sit Pennons af, ordte Lauder.Ddtw ayes that axis tapy oruthanwoor copy wd any ropy ate copy shall be readily Identifiable as sropy that meat .vboaode^t,repine nt},and atansinnr W•nth Cotltamt Or i^i xnu therein;may uL4.lt dtpatiu mwwr am^at any tame nuNted by theamharwuive cavy.aadmy Wdsloa n£any au rk i.eh.copy if readily idcmi7aber a.an tutboriad.ten.j oriro5 miun^ doe r m Leader to Ckbt.;and any and all tmutpnco%dannecets.ye!feles,and"Fullkues ai Insmsoce,mcurikies,'good\ac[dunu Titled Vehlele.'Titled Vehicle"consists of any and all vebicle(s)and all additions and accessions to the vehicic(s),and any rctdvat9S Ater a m acliatt ehaael paper,writ prapery,and the lmorerdslhere,f lwhahaorerne Uhl idmg oft CWhltral a proceeds dntraof replacemems and subatiNtiona of the vehicle(s).It also includes all documents of fide reldd to the whicle(s)as well as nil produces, LmL.,d.),owned by Bth- ie whkh Dtbw bar am iMeM wblelk ere newer at any time hereafke to pav-.:row at Wool of Lender,to in rents,sad proceeds of the vchicie(s} parch by mod warner m fir floe,L04a.err in pnaessiam of my third parry WORD an 1e111%behalf,venom MWd la sayasa.!o: 'I Isrpavtr Aemrnrs.'Dep,ut Aaramss'shall eoeum nfaB Qesemnd,live.yi p,passbook,and limit dtfntis aecnvnm rheb me erne rtreiaol Irw scone in p1edgS far safrtrrwhp,al apenk or ethroxiW-ere Mtrdw L rwty eft p dnm-liy Klrasd the same. V.N of t es,mC b.san.MM by the Dchim In I.aa!da mpionloct at maimunrd in any whor asgaeirarlee racer it eapged in the[Damao of e.nwuing 4amly W..l In khr Cenal.al eeraun re lmkr the p+yancm of au Dbfip2kaas.ipclwfn�all rpewala sod eranuem rhercal, aad4np,inrludmd any aayaZI bars;sIVinµ and loon attem ce,.161 Union.a must WMAMY CFiaaneial Intrilanon').Depout .herb or heraagsre,oar.,,.%—Ice mining or many,ads lvwxcs'n incrosnl er es idnue4,wfiathrr Iermrary,Weno",mNirf{e4 m Ataaaaoa do ant incNic gtahfynq mx.def reed mroams.deFwA in the lnuarml?to—Code,as awrestdy is IiTM and WMIOCd otherwise hen time totitae(e d_Iadividwl Rerecepom Atra teem;cl.61ied rra.t cm plods.Hw461 Sariaw Ae4ounn,e1c.). DESCRIPTION OF COLLATERAL.The collateral covered by this Ayeemant(the-Colluenl')is all of Debtor.assets including,without limitation,documents,document of title(including•without limitation,warehouse receipts and bills of Icing),"As-Falraeted Collateral," OIIS,IGATIONS-Obl:gYiam'rmsna any and all of temnd`dt abhyuiom I,Lender,wb.4-they arise and.skis Agramrnl.the note, 'Hawes,""Goods,'and all of the Debtors property described below which the Debtor now,owns or may hcmfter acquire or creata and all kw apetmerr.gmaranry,a*dum-[ .c ofd.N cteemos be eansrr6ma fah due Arecom"L fir mile,mymhd Inter4.4.rimed proceeds acl produces thereof,whether tangible or intangible,including proceeds of insurance and which may include,but shall not be limited of am,smuay deed,fenny ACN,,aa no.,1nW,instnanen,twrsress,doammnlnti Of nlha dit&W wr,r:np hesaulwa,maw,err hneancr to,any items listed an any schedule.list auachd here. rretvaed by the ikmmarr to!.ender,1Mloding ay renew ls,aecmioe&and mdiricao n drereof,boo i^elnd4 ant agccr en[r and ' t shall.nerd of all ands of she Debtor that are not inventory,f ducts,ar consumer goods. ui menl oblepdems an-i by opens.err I-.The ObhfTtiam ldrlade all in ,and all of irdefs rxsa&ct.4 rrpMM temmrroble Poe%aad to Equipment.Equipmen" 8 pm 8 9 P skit Agreemum4 aa)'saber ayrrernmt htxwYen the pvlir{.nadir applieasde law,including all aaelm roars.fees,and c-qv ees thal"y 1YiW includes,but is rim limited to,all equipment and rime s armory nomoc and description whatseever,now owned or hercafterocquked by afkl the Rlmy:e(Very paean-by err agsmta Rnttnaor err fkNor,erode der B lmptry Code,mdptttiw of wbm e,the Obbgaelora do not Debtor,wherever Inceted,including all machinery,manufacturing equipment,shop equipment,fiunisbings,fumitum,ocean!keeping accrue because ofan automatic stay. equipment and vehicles,together with all accessions,pars,embedded software,attachments,accessories,tools,and dies,or appurtenances dhrmo intended foruse in moncclion Ncre oth,and all sobmimions,bdcments,and repleceroenn thereaf.d addiu.. thereto FUTURE ADVANCES AND AFTER-ACQUIRED PROPERTY.Future advances my be made at any time by the Lendcr under this Accounts."Accoums"consist of the Debtors right to payment of a monetary abligatioo,whether m not eamed by performance,(i)for AV_..j w dot..Wd allowed 4 law,The Wnaioy inrupl grant reamaitted in sEo-t Alto l ban sWico to aby Celtmaat of me type(-) property that hen been or is to be said.leased,licensed.—iaecd,.oehanaive deep[ed oh tol far retsicn rtndtem a to be resdeml: idprAC,l is brio Aglmnent that Iha Debar Irgd'Res alley elva Agrament is eaavled.eanpt tMl no UCW*imcr=anoeha ter uAca acgoird (iit)for a policy of insarmce issued or.be issued;(iv)fan a ser.aloy vbliyden insured a to be Ome cd;(n)f"osmY yplpndC4 ar roarr,rKr Loor!s o k.4be Debt.acq—bgho to such goads—this led days of Lend.glvieg vapor.le oakipaw of tbatre.4,a by to be pmvided;(vi)for the use or hire of vessel under a charter as ether cm-tt t;(vie)wiry;tam t(the we of a erdlit cud er cppgc trod..bee fib asnbwinq lrnder.Ric any otaCesxary hnanciog u4remnda m posted Isndtrr Wearily h iverea. card or information contained on or for use.nth the card;(viii)as winnings in a lottery orather gameofehance aperud or sponsored by RELATED DOCUMENTS."Related Documents'menms all promissory notes,securityagreements,man deeds of trust,deeds to secure a state,governmental unit of a state,or person licensd or authorized to operate the game by a state or gov-man-oud wit or.mate•,orooa yi men gages, (ice)fan health-cme-emu e,re—bles. debt romitn Ian^s'inn-rum y ad.loan tptecs., stadmieeu,gaetrai.co oceli-mrxsA Meet,avh eliw rfue W btreolw awgnmeouof kolas aray.ma,and any Dilate a�otmenat err agtenrx�as taceaud;e ppnml;m wdh ibis Aymneoa whether now oe Mr din Inventory."Inventary"consists of all inventory and goods,other than farm products,which(i)are leasd by Debtor as lessor,(R)arc randng,inrtudirg mymOdif'cetio.+I,cakmimt wbsliaGonl Orrcma,of anyoribe fdego:rig The Re4td Doetam"we h.eby made s Mid by Debtor for sale or lease or to be flunished tender a counsel of service,(kit)are famished by Debtor under a contract of service,or pan n(sbis Ag.rmenr by returnee tharrla,wish the 13—Ingot=ad effae ore sfRdty ml fnnh l'-M (iv)consist of taw materials,work in process,or materials used or consumed in busium [ortrumene."Insmmmeon"mraist of all negotiable instruments and other writings owned or acquired by the Debtor that evidence a GENERAL REPRESENTATIONS,WARRANT]ES,AND COVENANTS Debtor represents,wvrents,and covenants the following: oghl to tar prymtml ors moaeary obb6stiom,and are ofa type the,in the wdi=y Course afb,k(ners err nanaferreel by kl;, y with all Debtor's Existence and O boa Debtor is full formed and is d standing der all lows memirn Debtor and Debtors Maury cadoecneols or avlp urems hptln arts ere not thtm[t m annuity a$oemerna m kam the sal,dap ant include provide Y go g ern g g nvestmrr,property,Irmo of credit or wri:i that rndeaee a ri N t of the use of A ewdll err charge card or wmbusinass Debtor has or will provide Debar with documentationof regarding Debtors state ofotgar prim or emtatian,endbtor will mist ^y.+ !M f'+77soer't a^s'^d°tl g warrants thml Debtor will not change Debtors state of organiaalion or famtation wihod L.cnders prior written wnsenL Debtor will assist infomwion contained on or for use with the card Lender with any changes to any documents,filings,.other records resulting er rquired by any change in the Debtors state of nc.,,d,...s>a.,..p en nt iuvme•.d-can sn r s o Am�ao�r c",wnv,a s,v�tutu iwnar•ns-:ouw u s emwead•emmry aD®^h 4mt e•ylda tow�r•irr�F�wah+ emuev, .SmvMAa�••,ollrol ^a.AINI xrmxgL•wn,sw Exhibit 46 to Petition Exhibit 46 to Petition l I I E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT ` E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT n l _.- orgarfon or formation.The execution of this Agreement will net create my breach of my provision of the Debtors organiziaawlj Lender,in its sole discretion,deems advisable to protect the Debtor's preperty.All costs incurred by the Leader,including reasonable attorneys' documents. fees,wan casts,ezpertses,and oil=charges thereby incurred,shall became a part of the Obligations and shall be payable on demand. Authority.Debtor has the power and authority in execute this Agreement and the Related Documents and 1.bind Debtor to the ACCOUNTS.As of the lime my uccoual becomes subject to the sec..vily interest(or pledge or msignmeot as applicable)granted hereby, obligmiom endued in this Agreement and the Related Documents The execution of this Agreement will not craw any Meach of my Debtor shall he deemed further to have warranted as to cull and all orsdch accounts es follows:(a)each account and all paers m um pud docents other agreement to which the Debtor is or may become is parry.Mit er btor has obtained all licenses,permits,and the like which Debtor it - relating thereto ere genuine and in all reapwts what they purport to be;(k)web account is valid and subsisting and arises out ofaboal fide sale required by law to file.obtain,and all such taxes end fees!or wch liwrtsm and permits required to he paid have been paid M full, i of goods sold and delivered to,or out of and for services therewfore aw-ally rendered by Debtor to,the amount debtor mimed in the aceomt or Debtor's Nam.Debtor will not conduct business under any name odder than that given at the beginning of this Agreement,nor change, other born fide need lion;(c)the amoral of the account represented asowing is the wined: amount actually and unconditionally owing except re.ganire the type of busimms entity as described,except upon-Ore prim written approval of Lender,in which event the Debtor for minced cash discounts and is not subject to my setoffs,credits,der ses,or wed—harges;and(d)Debor is the owner thereof free and agrws 1,exewte my documentation of whatsoever character or name required by Lender for filing or recording,at die Debtors clear ofmy charges,liens,security interests,adverse claims,and encumarences ofunyand everynature whatsoever, expense,before each change occurs. Lads sMp Hve rbe ngl4 In aaa man eaaue.M ak tame of thr Debar,,wherlia Made err a(kr defavly lvrrapaim ikbw.(1)to transmit asf Bust.ess Address.Debtor will keep all records of account,documents,evidence of lift and all other documentation regarding its (ruwaill of collusion ariRvem s to Legda-.(1)to e.pfir say and ail ainctu i ditwom to maaLe raymeni,a(the accamna dirraly w Leddr,(d) business and the C.11manl at the address speci fled at the beginning of this Agreement,unless notice thereof is given to Under at least wdanaagf,eollod,di rest 1pt Gar.din fat,mnrywwtL xid give u*anal Cal,my cal all Ammma due or In t.nCanc duo:cot the aeeumts ant len(10)days prior to the change army address for the keeping orsuch records. to endorse the name of the Debtor on all commercial paper given in poynem or pan payment thereof;and(4)in leaders disunion,to file my claim or take my other anion or proceeding that Leader,may deem recessary,or appropriate to proles and preserve and realize upon the Thh,_Debtor has or will acquire five and clear title to all ofthe Collateral,=less otherwise provided herein.All ofthe Collateral exists accounts and mimed Collateral. and is.will be actual property of lh Debtor. Unless and mill Lender elects to collets accounts,and the privilege of Debtor to collect erg=ts is revoked by hider in writing,Debtor shell No Eancubnncra or Transfer of Collateral.Debtor will not allow or permit my lien,security interest,adverts claim,charge,or ronaion to collect accounts,account for same to Leader,shall not commingle the proceeds arcollections of accounts with any fiends of the umbrance afany kind against the Collateral or my pan thereofwithoul Lmd,espric written coment.Except as otherwise provided Debt.,and shall deposit such proceeds inn on accost with Larder.In order in assure collection of accounts in which Lender her an interest underthis Agreement,Debtor will not,without Lenders prior written consent,sell amignrtransfer,lease,charter,encumber,hypothecate, hereunder,Under may ralify the post office authorities to change the address far delivery of mail addressed to Debtor to such address as Lender or dispose of the Collateral or my pan thereof or my inlenest therein nor will Debtor offer to sell,merge,uansfu,lease,chaser, may designate,open and dispose of such mail,and receive The colleetiom of accounts included therewith.Lender shall have no duty or encumber,hypothecate,or dispose of the Collateral or my pas thereof or my interest theein. obligation whensoever to called my account or to take my other action or preserve or panted the Collateral;however,should Lender elect to Priority.The security interest granted to Lender shall be.gnat security interest unless Lender specifically agrees otherwise,and Debtor wllcd my account or take possession ofthe Collalwal,Debtor micases Lender from my claim or claims for loss or damage arising from any ad will defend the same against the claims and demands ofall persons. oramissiom in connection therewith,and costs arch-im incurred by Lender shall be an obligation secured hereby and constimle is portion of Facill Wine of Sawn Interest.Debtor will full le in placing.perfecting.and maintainin Lenders lien or security the Obligations ry y e what p g g ty intact Upon request by Under,whether before or after default,Debtor shall sec such action and execute and deliver such dace=cots as Lender may intragainst in it the Collateral and Debtor agrees to take whatever anions rile themqum ed by Lender n ingperfect and continue Undds security reasonably request in order to identify,confirm,mark,segregate,and assign accounts and to cvideme Lender's interest in seem.Without intact in the tin he DebtorCollateral.specificallyauthorizes; toperfect limning the foregoing DcMor,upon request,agras to assign awounts an Under,identify and murk.wowts m being subject to the security Loradon of CaBmenl.All of the Collateral is located in the state where the Debtor is lowled as identified in this Agreement,mills interest for pledge(or assignment m applinbli,)granted hereby,mark Debtors books and records to refed such assignments,and forthwith to otherwise certified to and agreed to by Lander,or,alliamlively,is in possession of the Under.Debt.will m a remove err change the transmit to Lander in the fount m received by Debtor my and all procwd ofcollwiion afwch accounts location army Collateral without Lenders prior written cornant and will allow the Lender to inspect the Collateral upon reasonable Debtor will deliver to Under,prior to the 10th day ufeech month,orwih such other frequency as Lender may request,a wriam=pan in farm req.sL and content satisfactory to Under,showing a listing and aging oface unts and such other information as Leader may request from lime to time. Use of Callatenl.Debtor will use the Collaeal only in the conduct mduconductoC its own bminess,in a careful and proper moaner.Debtor will notebtar shall immediately mouity Leader of the assertion by any account debtor of any smote,defame,.claim regarding an dewunl or airy other use the Callatenl or permit it to be used for any unlawfid tar adversely aRalidg ant account Resumed or repossessed goods arising from or relating to my,eccomla included within the Collateral shall,if requeted by lender,beheld Good Caudillo.and Repels.D es mal eblmrwill,al ell lim , maio the Collateral in good con on did and repair, separate and apart from my other property.Debl.,on requestby Lender shall report to Under identifying inf atiott with respect to my such Financial InfarmaNao and Filing.All financier inrommion and statements delivered b Debtor to Lender have bun goodsrelatingtoaccountsincludediotransactionsunderthisAgreemens- Y Prepared N uordance with generally accepted accounting principles consistently applied,and Polly end fairly present the financial condition or INVENTORY.Debtor will deliver to Lender prior to the 10th day orw=h month,.on such other frequency as Lender may request,n written Debtor and them has been roc material adverse change in Debtors business,Collateral,or condition,either financial or otherwise,since report in farm and cement amisfutnry to Under,with respell to the preceding month or other appliable period showing Deblois opening Debtor last submitted any financial inf etim to Lender,Debtor hm filed all federal,state und local tan returns and other reports and inventory,inventory acquired,inventory sold,inventory returned,invemay,used in Debtors business,closing inventory,and other inventory net filings required by law to be filed before the dale of this Agreemed and has paid all taxes,assessments,and other charges that are due with the preceding categoric,and such odor information as Linder mar request from lime to time,Debtor shall immediately notify Lender of and payable prior to the date of this Agreement Debtor has made rwwsble provisim for these types of payments that me accrued but my miner adversely aUwting the inventory,including,without limitation,m t causing loss or depreciation in the value of the y even g p eels inventory col yet payable Debtor does not know afmydeficiency or addiaioml assersmrntnd disclosed in the Debtors bookstand mwads and the mnoum of such possible loss or Jcpreaeaion. No UtIgatioo.There are no existing or pending wits or graced ings,including sctw(for counterclaim,which are duwened or pending Debtor will promptly notify Lender in waiting or any addition to,chaugc in,or discontinuance of its placc(s)or business as shown in this against Debtor which may result in my material adverse change in Debtors C ancial condition or which might materially affect my of Agreement,and the localion of the office when it keeps its records.All Collateral will be located at the place(,)of bmmess shown herein,as the Collamml.Debtor will promptly notify Under in writing of all threatened and actual litigation,governmental proceedings,default, uwSsfrrd by 414"lirel neu(r(d)Oren pursuant larcto. and every other occurrence that may have material adverse effort on Debtors business,financial condaimi,or the Collateral. Unless and mail the privilege or Debtor is me inventory in the ordinary course of Mines business is revoked by Under in the event afdefault No MlueprnmmNons.All repicati ations and warazi in this Agre Senn and the Related Documents are true and correct and no .if Lender deems itself immure,Debtor may use the inventory in my manner not inconsistent with this Agreement,may sell that part of the mi material fed has been omitted ]Lateral consisting of inventory provided that all such sales me in the ordinary course of business,and may use and consume my raw mmcri.N suppdic that are necessary in order to carry on Debtors bsiness.A sale in the ordinary course of business does not include a tmamfr in INSURANCE.The Debtor agrees that it will,at its own expense,fully insure the Collateral against all loss or damage for any risk of panialort al satisfactionar.debt whatsoever nature in such amounts,with such companies,and under such policies as shall W satisfactory to the Lender.Lender will be named as All accounts that arise from the sale of the inventory included within the Collateral shall be subject in all of the terms and provisions herwf loss payed,or el Und,es request,as mortgagee,and,if requested by tender,all insurance policies shall include a Ienders lass payable pertaining to accounts mdoaenenL The Lender is granted.security interest in the proceed of such insurance and may apply such proceeds as it may receive towed Debtorshall eke all action necessary m protect and preserve the inventor+. the payment of the Obligations,whether or not due,in such.der as the Lender may in its sole discretiw delermine.The Debtor agreed to maintain,at its own expense,public liability and property damage insurance upon all its other property,to provide such policies in each faro m LNSTRUMEMS.Debtor shall immediately deliver to Lender all insmmwts included in the Collateral.Neguisbie instruments shall be the Lender may approv4 and to famish the Lender with copies ormher evidence ofmch policies and evidence ofthe payments oflhe premiums todoism m the oral,of Lend r wkh aepess de mF wrxogq Bride xing a risha to be Malwa at irnitey tS.r in the ordinary course of therivd.All Iadicxi mf an.tmrdr shrill pro-id,for a drimr m IS dayYwnnm iwke of ex—flaoam to Lender.At rAarequra of Louder,such buunns,is u L(taed by ddisery with.ray nuraurr eW¢nennot of n:gpmnsr,MIsm'shall demur to Letvle,aihiro any dirdpatry•issuer a poli6es.fhd,araM4 ab ill be delwend In and held by Leda,Dckw agmos 11a1 Lmdrr,is imb-sad to act m mwieeyfas Ikblee in obnlning, d ra of ai 1pmeet its a firm sed e,tmtwl wisfusnry b Leader aadgalut tbx Dehoat's rights in the said writing(s),and the tL-rra.puly adjawnp, Wneg."uordmit rash..-.we mud eidoesink err•drafts.r poinum enlr.,wd.r warecled with Bantu hnuraoce.Debtor issue,shall acknowledge receipt ofnmice of she assignment- Ipccifcaliy outl rim l.m' todiulrst inflonacma obuieed in wnptnclion w:Js this Ao;ecmwl odfrompoiieieeftatiddi mplwpepiw Debmragrees that Lender may,at anytime(whdha before or afterdefatll)and in itssole discretion,surrnder forpaymwtand obtain payment wanes or the Caftareral if the DcEwr at any litre f ib�b ubaln as W iwmnialn my of the Tmai r requhmi alm eerr pay my peaniass re mfxnyponion ofthe Collateral. -bak In is pen relarirg I110e:0.t}Lender,wiLSeul waiviry any deAah pat=der,may mxk¢saidh faymaa.Maim such palleted ad tip Any and all mplueemern instruments and mdice benefits and proceeds Heated to the Collateral that dirt received by the Debtor shall be held by Debtor in trust for lender and immediately delivered in Lender to be held as pas of she Collateral omornvscmaiwde ssa�ooaucai iwnawws-sou pt to ace eo•.a�s„�,,u.eau.wam.w.:m:rn n r Exhibit 46 to Petition Exhibit 46 to Petition F`- - E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3'15 PM JOHNSON-CLERK OF DISTRICT COURT ...._1 �.. ...... - ram• �� DEPOSIT ACCOUMS.Debtor shall immediately deliver to Lender ell culifiwred anificala of deposit included in the Collateral Deb;orS M WavuIMLord.a power ofmarmy to executc soy and all docurni necessary for theLeader to perktor mual"ptTfittiop N,Vjmble arurm a of depesh shall be earloand to the ender of Leader.Ikbtet that[corrupt any and all usher dcxumeou ape nary In of its- amey mm.eaT in the Collateral,and hi change or correct Any error on any financing salemrnl or any aTTer document aecusmy For provide an mpproprv»t socurhy lease;nrry acnlwri w"Leader.Wah sespret to Defosis AeW.lntme held sits anntbm hinaacial I auivwa. r Properplplaeemrnlofa lien an my Collalcml which is subject To this Agreement. provide Lender,amp Finum teal Imshmints Gall caw iaP?a Soppei eSicstriou..%it del]be in a folm and fabtummm That is aati.f wry ID '• LANDLORD'S WAIVER.Upon request.Debtor shall famish to Ieamer,in a form and upon such Terms as ice acceptable to Lender,e I soda,and rhkb spat[prosi7e than Siamciat Imlimtlma will Comply with I.nvocdonl oiir+ra d by the Lradvi dlrnlh'g-6pom iun of The imullord's w.iwr,ofall liens with respect To any Collmeml covered by this Agreement Was ism maybe located upoo;chart prrmises. Funds in the Deposit Account without further consent by Debtor. RHATIONMIIP TO OTHER A(;REEM N-M This AgsCmKnl and doe seokup husuAlu Taal Pltages ova auignmeels,u rppl'mabkl DeNoraFmcm alas Lrodse may,at my time(whnh.before or af"e defauh)and In him wEr discretion,surrender for payment and obwn payment beteen cd era in mddUian isa farad nit To mabhldWion,ndvaewhe elm dirchY W)m aad all x raalevJa - of y panim of The Cdialoni wktkt web lux Anti o use rsamlic of Thin Lenders rights results in a loss of interest or principal or other y iau Lt y rr a cr asut 'man or w,.Ikn gh Prin I� mermily ialated,pledger,usigwhtnls,mongmgn tiara,rigN4 nTrra.x eta.iotaew in fiver of Lendu wusrgned so Lr+der by ottm in yosi nit narh depict amid,;a.amerova Lhasew,slt,eahes pymmss To be nodedirectly to Lender. opam%ruW wdh Ix OLll;nJes.,AllsightartdselattLex of I o en all muchaprrnernuaren.m.,W— Any and all replacement or renewal certificates and other benefils and proceeds related to the Collateral that ae received by the Debtor shall be TAXES,LIENS,ETC.The Debtor agrees to pay all taxes,levin,Judgments,aseeruneats,and charges of my mturc whatsoever relating to the held by Debtor in vest for Lender and immediately delivered to Lender to be held To part of the Collateral Collateral car to the Debtors business.If the Debtor limits to pay such mates or othn ehspisas,the Lender,al its sale diseretim.may pay such Without limiting the foregoing,it is spocifica lly undessmod and agcoed rham Lradn AA have lw rasp—Nifiry lot xecwta;eing may naelsu:ecar charges m behalf of the Debtor,and all sums so dispensed by The Lender,including reu noble enismays'fees,caul costa,exp—%and other imailar mmen relating to my of the Collateral ar for informinli:n lid.-th mipocl to aay such snugns(;rres Inc ar.irdlet Fcndn wlrwlly charges relating Theron,shall become a part of he Obligalions and shall be payable oa demand. has,or may be deemed to have,knowledge Thermo. I NVEATHENT PROPERTY.htrmNiY.el don exeoudm of lhh eesman ne Debmft 111 Me Collateral,Ock.shelf: by ehim,ME ICTAI.4evus R115.tree L.past, drat u rvaay a.StPm"whleb ham tray is now,uxdl be in the hrurc owned v fi ruled y uiraa Ag aequereag Ifjhts by Deh4d,laat>ucll red tsuttcbht erase in L.pit,nor will aoevAm id r1K�qDe be tI[nmmed a hey eactwrr Ld Jae nepnpLb Mepdaln fRtYdaua (a)if the Catfalmpl ineludem«warmed ueamaea so leedcr and if the cialifRak is in pegaueed farm,R10,1er it its Ne Assoc of Lrnt&r ar w cri-cat Wtyhumfal muhii amsaleaybedef eau orreguI:ocdby any[opt,water fakaal I.-areciuhvan wI.L,*klgTwts,iskuyway, deDTYr To Linda wide That eenilturn is&lock fs r ra idaelory to f and lalmsuece TO Leader,(b)if the Collateral iachd=uncerufiakd maam•atiss—mit,except in ilhe voi Lye c4%ena of weh sisbo.as ,has hatch peoxNly,G..telnod in wiling le lend.,and Dehmt.ill imsequilici dirrXly ladd by DcMw.vanJer mch Mt—hiK fnWa DOAM to lend"an.the busks of the pester w Pule Mo luau In rase eons wA iampedislgly anti{y,Lander in writing nl my Hine moltW any Telly To ft centery.[kited lukepnlfic•and holds lmida and Lemddi cidtn.to I-We a mammal agreement with Dcl to and Lender,haft a form and mbelmee Ixthruwq um Lender.pm dimF Thie um vrill direcmrm,officer,emplaymmti and agents kAtmkss from hay IWnlny Or mpi x of rhmnasvrr ruma",iceladag mtaaea.ert atreme're fee, comP.'y vQhi inNacnions mfglnucd by Ixader"O mt huff.elmsnpt of the re{iatued enema end hnx,rill on fort—insonscaPm orfg sated IdCwled dimedy s Indirectly as a newh d Dtbmeo+nholvtnkm with harsrdnaa er rmium mrntal[y hurafol sadwsnea a may bt Jrfued n by Debmh wittoar the lappets'o"canons;ICJ if the ColamrAl inclnrem se sully raulttaesi iecwry metonax,as eemmed1ty aacaums, ngulmd ad kkb ordrr toy I-A star a 00r 1 law w k0lalwit or DebtwY o moctol la or-Wrcisean of my real estate upeb%hlch MY .auu The Lender so become the bolder o(dte allalrracnts or aceounu a e aAa plc crcpndry in"mwliary amlrm the wnmaosllly kucrtnrd:ary m hourdous or eovironmeoraRy Ivumfial substance is or was previbusly Iocoled cart ino,"I ekintr to Linder an mgttrarent with"or mad leads,In a finnin and wbnamm medilfaelnry In Lend.,pTxaveGlrg lire said PROTECTION OF COLLATERAL.Debtor agrees Thal Lender may,at Lenders sole option,whether before or after my event ofdcfaul%and tmemrdnmmy wmh imply wads ovidrmentt as mdm u3grnxud by Lando wiTput Farther Daasem by rkesor and WO tans comply wish onle. a:phnaed by Tehran viThuue tenders w*aaa tpnmera;(dJ minTd CullatcrAl illcihdn,eanaaHaywacxq ease T!a mmawptry lsereta"a .idwn Priam out"la Debtor.take The following act+oas inplow Itada's idkmT in tr Collateral:(ef Wy fine tee wiauwncF praaaL:m, e:ner INO and de)iea lv iandet as myprmrnl wiN fkh:oraald Lmdtt,en a form and auln9ere matislYC:ory to I.eIWv.that suit iensmon"le vest mpab,lmpoaws amtC a at11if%of The Colibom%(b)pay my fairq(r metudiey regiuratirnh li[arw% ce ocnJutim, ashes Tee and ehepgn retatud % dles agsy pry value diiiskuud ah Wooer critic rnmmmi;Y conchal a d4seled by Usalu01stal bmher ranaent by the eammdd:y eaemm�amid mLadarhrCdermruceav G1keanyptiatfrom la prrauvemndlwAtdmeCnitmrnaler is m OlmPJte outrcrtrmdutylcr4ih AIsr10Take .riD aN comply with wdenm origimW Iy Debtor wilbwl LenMt rrua eewrm. tN 1.y%rnaydemo Deltuoryarappupnatcfrom Trurro lime_Deblof!Fledthatmumdris nit Obligated amp has MY-posses miss eke the Fart'-atg xlenAd Debl.ar Iunlur apes m 1pimhprre Lends promptly upat l[aeaW!w my prymea[dal&m ahhy aPrnus etcshrrrd by Upon demand by Lender,Debtor shall exeaule,assign,and endorse all proxies,applications,acceptmces,stock powers,chattel paper, Ialdv(annual Ia Ibis m uh roan Paynuetm and upanditum made by Lander midst The atdhanntion shall cmvima ad&norul documents,inswments,or ether evidence of payment or writing canstimting or relating many of the Collateral,all in such farm and substance Mbgatiuu,Thai be seamd by iris AV-..L,and shalt lxr IN—it—firm 0.date i4scWmd n the souiMi-tide:orlasexaL including as may be satisfactory to Lender. any default rate,if one is provided,as set forth in the notes securod by this obligation. Lender shall also have a security insumt in all investment pmperry,rights,and interest ofevay,description at my Time issued or issuable as an INFORMATION AND REPORTING,The Debtor agree Ia supply to the Lender such fmancial and otter information concerning its aRoers mddiaa ice a,M mubumuUon of eeaiwge fot,or with nww To she Cptlder s.iorlud-mg,waRaoot imarmai,.iks Cd ae diindendam a the Is reaaleafm»h mcesmudlplenam,merger,spmaff,wodsermeartu Tooth n Dkklbc+hull&liver Wompdy W lend.m the exsn feem trailed,my and the atoms of any of its assets as the Lender,from time To time,may seasonably request The Debtor f her agrees to permit the Lender,ii rush tt miTu os ahemp tpmy uhirh enome ate un(amtrnlmx custody,of eaw>l of Ochtw,pad ehaR whh mape"to such pmpay trMfer employees,and agents,a have access to the Collalcml for The purpose of inspecting it,together with all of The Debtors t other b phybooks, ass, of cumol to Lender in cewd with the pvagmphs above. any,Film had to ebim Nc Lender,from time to Time.to venfy Accounts,if any,az well as;to inspect,ropy,and to examine the books,records,and Film oFNc Debtor. In its discretion and without naive to Debtor,The Lender may rake any one or mom ofthe following adios,without Lability except to account find'WAIT Property achi cocalvnd(a)umos-er or tcgist,in its lame a the same of ill aamiD0.`my of Ne Collu"aL with w mmiTaot Inb,hty ameep an aeeetml tar the Proymm acoality raeissd;th)kaanfrear rgLao,in Its name M she lame arils noauma any of do,edimterd,with a DEFAULT;REMEDIES.The Lender has the right to declare all Obligations due and immediately payable:if a default exists,if my of the tait.xn ideas itution of die seceiy interest krrin entar d,and ub"Aea or ea ao vmnmfmcal car rrgittxrcd,«arise Ito imemer dhvl0endi led fell bnir masts occia tilt Agreement wd1 be in defaalc(aI failure In maim inquired paymeaee;(b)Tali-a Of the Debtor To kip any er its etlwr dcspibygyc'timp n am held them m apply(been to Lim(}dVismis n any oadcr of primtq.IV)AT,the Nuc l extent pWblo uader agnwutrcs with the Latter.(cl nmkwg of any oil m risen.ummciu wr an im hr the Oetrm To the Lender Laos is aranac when W&%c dl appheabk law,cococoe ter Pose m be excreived all_irtg and caq,mae P-Ifa with tts(aest m any of the Callareral,i-Imdillg all rldhps of RR Ili array rahe9)penman wvno has lehpl dated rehtW in lhia AVCCment,or of a Partner or my rusmershga with fc'gai duties Tooled in null enow on.—Ismas,aubscroum,and aay*epee nil Wee itegm M ora-ma putaleing 0 much Colltlletal,.ls if the absdote oweer toerepf;(ill Agmcmo t(r)hay chit w avcat that.Riga The Nlism'a 4'P"or 1,a sA,wgsairacba;(f)any dothne in lM value of the Coiiatetsl(adrcr eaclhamgt any a"Coltatml fin odism pmpmV kpon a eCmgamaaWP,teeaplMtraGdn,x PI tssdJustiorat and.In coaereune Rsve'ridr. Ulan normal wear and mar,or depreciation);and(g)any impairment of the Lenders rights under This Agreement. &-"sit my of time Calbtoraf.igr airy eamn itlac nit drpnaikay➢pm smis toms as the Lead"nay dnesmina;and is)in its abwltee dswxim Il The land"in cad Nth believes the Debtor is not able la meet its obligation,, Nil any f the Collateral or file Lender's abilil to wort to inaMkK w to widduATI Ibe esereive afany of she rilpket,puairs,l7s•ml m and olwana uPreshly ur(mptleMy yatttni W ft L-6 in this g gA ions,or y o y Agreement,without duty to do so and without responsibility for my failure to do so or to delay in so doing. any Collateral is or will soon be impaired,the Lender may,to the extent permitted by law,declare this Agreement o be in defoull. Without limiting my other right of Lender,on clef It the Tinder may,to to fullest.extent permitted by applicable law,without notice, If a default occurs,the Lender may exercise any of the remedies deseploed in this Agreement or other documents a agreements between the advertisement,hearing,or process of law of my kind,sell any or all of the Collateral,free of all rights and claims of the Debtor therein or Lender and the Debtor.The Lender also has the right to exercise my semwlim provided for in the Uniform Commercial Code of the simm of thereto.en Any enei limind narks car encharrge At any$vice reasodably rmaisTsatt wuh the wrkes price orcumng a the tiara OF Lhn we of loss Iowa,and my otter available legal or equitable mmedies.If the Lender weever it specific dcfouht by the Debtor,That waiver does not apply to C011aleral and,aawidgnnding any tams w cm rem deneasm or iaeleees In Itsm radon pare,The mate of ft Catpmral an much nmawl ed my other default Inapt ae eschaage.hall he de"aw nmLaeahlc if eanmueted ooder ofdltloy lenri milAceesd of row mono men dcfwh she Lender schi such Collateral. REMEDY.Upon Ne oecurence of an event of default,Lender,at its option,shall be anlided to exercise my one or more of the remediv ADDITIONAL COLLATERA]_to The e„a>M Nat Lender should,IT;my Timer dem menr ilia The GdWeni m I.rndda tmmty im emt in for described in Ibis Agreement,in all documents evidencing the Obligations,in my other agreements executed by or delivered by Debtor for Co!Ixeral al impaare0.fnwlgcitm of tau sleeluaed tie My deellde W nlue,or If I,tndet aho-ald deers that payment of tar Obtigatam is benefit of tender,in any third-parry security agreeme m,mortgage,pledge,or guarmly relating to the Obligations,in the Uniform Commercial Ca!J,,c time Pm the �f ataese m9e Lial car Code or the sale of iota,and all mmeded at law and equity!all of which shall be deemed cumulative.The Debtor agrees that,whenever a recty WAItIte,ud Dckar agars Ins litamA,additional Call2wral that is silisfxeory to default exists,all Obhuoures may(now ideitandeng my provision in my other agreement),at the sole option and disaviem of the Lender and leedvr.Under shall ptwide doTce nos pmvldpd fin-ia L'ds Afro meat In Debtor regsMmg additioeal Coktereeat I,enders request rm Additional without demmd or notice of my kind,be declared,and thereupon immediately Tall become due and payable;and The Lender may memise, Collateral shall not of m my other subsequent right of Lender to request additional Collateral from Time to time,my rights and comedies,including the right to immediate possession of the Collateral,available to it under applicable law- FINANCING STATEMENT No S)AND LIEN PERFECTION.Lender is aariwd To file a conforming financing statement or salemen to ts The Deblm agrees,in the ease of default to assembler at its own expense,ell Collateral at a convenient plaee acceptable to the Lender,The pakrt nr security lwnru in tie Celiaeal,as pmuadad in fleeted Aniele9,(7niform Conmsrselal Cade-Soeaml Trmeaetima Dm1kw agrees Lender shall,in The event of any defmlt,have the right to take,possession ofand remove the Collateral,with or withuutprxesr of law,and in eprovide such infornuri m,saPPhrrrr✓A and odm,rdocunxtemos LeDdanWGam44Mmlim Fcgmuewrmlm ent omsrtavrd raved firun ieg doing so,may peacefully toter any Totemic. he.be Cellamod may he located for such purpose.Debtor waives any right that Debtor may r vensu fittings,In Miler to"amply aid,applicable t tam or federml law and ra ismsmerxc and protest the LrRdrA rightt in the:ColAkrrrr.Tk have,in such instance,to ajudicial hearing prior to such waling.The Lender shall have the right to hold my property then in or upon said eamsunuayla.as taaswvamams-ma la him enamor„vh.wwsse,a,tumnaeasaaaa.s lea aalu ew...w bA Rare err sew aeq,a.,mynu,u®, Cn,®rrt,aSavwy A_DLaam taKodm •••maAmrm,rwa t Exhibit 46 to Petition Exhibit 46 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:15 PM CLERK OF DISTRICT COURT Collalual at the time of repossession not covered by the security agreement until return is demanded in writing by Debtor.The Leader may sell, ASSIGNABILITY.Lender may assign,pledge,or otherwise transfer this Agreement or any of its rights and powers under this Agreement Icssc,or otherwise dispetc of the GAIaterd,by public of prime ptaceed1hp,for tab w MWIL lvlthoal aute credit task.Unlm the without notice,with all or any of the Obligations,and in such event the assignee shall have the same rights as if originally named herein in place Collateral u paiabable or Ihrealems to decline speedily Je value ar ofa type tuna t arty Bold on a r"eiri{red send Debipr of Lender.Debtor may not assign Ibis Agreement or any benefit accminl to it hereunder without the express written consent of the Lender. lusanable notice of the time and ptace army puhiic sale ar of the time aticr which any private sale w other dtsppaitiart'Jill Ica meek-Any pT'I'ORNEY'S FEES,COST AND EXPENSES.Debtor rwtificauop of intended dispoa.uon of the CuBsleral by the Lender,hall be deemed Ia be reasonable end proper irsenr United Sines msii, S+ agrees to may all of Lenders costs,fees,and expenses arising out of or related to postage prepaid,electronic..it,facsimile,overnight delivery or other commercially reasonable means to the Deblcir at least ten(10)days the enforcement of this Agreement or the relationship between the pwrAcs.Included in the fees that Lender may recover from Debtor are the before such disposition,and addressed to the Debtor either at the address shown herein oral any other address provided to Lender io writing-fin(: reasonable attorney's fees that Lender incurs,including all fees incurred in the course ofrepmenting Lender before,during,or allerany lawsuit, the purpose of providing notice.Proceeds received by Lender from disposition of the Collateral may be applied toward Lemder4 expenses and arbitration,or other proceeding and those insured in appeals,whether tie issues arise out of Conlract,tan,bankruptcy,or any otherarea of low. other ol:Jigatierha in such order car manner=Ixrtder may elect.Dcblor shdl be enlilled to any surplus if ahq?rwIu after rxwliif applkiiii n of Included in the costs and expenses which Lender may recover are all Court,alternative dispute resolution or other collection costs,and all Line pmwcds.His,preem it from a sal,erf the Cnllaieml arelimuffivicnt to wingvish Ilya Dblioimmt,ere WM obligaed alcrean shall be expenses incidental to perfecting lenders security interests and liens,preserving the Collateral(including paymenl of taxes and insurance), liable for a deficiency.Lender shall have the rEgbr,vrhether befarp or alter default,In colteer and reeeipl for,eompWA mmpmm[sc,And settle, records searches,and expenses related to audits,inspection,and copyng.All costs and expenses Lender Is eatilled to eocaver shell accrue and give releases,discharges,and acquittances with respect ta,'w,y and all amounts owed by any person or entity with respect to the Collateml. interest at the highest rate set forth in any of the Related Dwumcots Leader may remedy any default and may waive any default without waiving the default remedied and without waiving any other prior or GOVERNING LAW.This Agreement has been delivered in the Stale a-lowa and shall be construed in accordance with the laws of that state. subsequent default.The rights and remedies of the Lender are cumulative,and the exercise army one or more of the rights or remedies shall not FIEADINCS AND GENDER.The headings preceding lent in This Agreement are for general Convenience in Identifying subject matter,but be deemed an election oCrights or remedies or a waiver army other right or remedy. have no limiting impact on the text which follows any particular heading.All words used in this Agreement shall be cansaued to be of such EXERCISE OF LENDER'S RIGHTS.Any delay on the part of the Lender in exercising any power,privilege,or right hereunder,or under gender or number as the circumstances require any other document executed by Debtor m the Lender in Connection herewith,shall not operate rs a waiver thereof,and no single or partial COUNTERPARTS.This Agreement rno be executed the parties tuio exercise thereof or any other power,privilege,or right shall preclude other or further exercise thereof.The waiver by the Leader army default gr y by p g any number of copies of the Agreement All executed Copies taken of the Debtor shall not Constitute a waiver of subsequent default together will be treated as a single Agreement g agreement security. (a pledge assignment, pp ) y TIME IS OF THE ESSENCE.Time is of the essence in The performance of all obligations oCDebtor. CONTINUING AGREEMENT.This is a continuing a cement and the securi interest(and Ice a and oast omen as a licable hereby granted and all of the terms and previsions of this Agreement shall be deemed a Continuing agreement and shall remain in full force and effect INTERPRETATION AND CONSTRUCTION.Except as otherwise defined in this Agreement,all terms herein shall have the meanings until the Obligations are paid in full.In the event that Lender should take additional Collateral,or enter into other security agreements, provided by the Uniform Commercial Code as it has been adopted in the slate of Iowa.Any ambiguities between Ibis Agreement and any low, mortgages,guarantees,assignments,or similar documents with respect to the Obligations,or should Lender enter into other such agreements agreement executed by the Debtor in conjunction with this Agreement shall be resolved using the provisions of the loan agreement,to the extent with respect to other obligations of Debtor,such agreements shall not discharge this Agreement,which shall be construed as cumulative and necessary To eliminate any such ambiguity. continuing and not alternative and exclusive. RELEASE OF LIABILITY.Debtor releases Lender from any liability which might otherwise exist for any act or omission of Lender related to Any attempted revocation or termination shall only be effective if explicitly confirmed in a signed writing issued by Leader to such effect and the collection of any debt secured by this Agreement or the disposal army Collateral,except for the Lenders willful misconduct shall in no way impair or affect any transactions entered into or rights created or liabilities incurred or arising prior to such revocation or termination.as to which this Agreement shall be truly operative until same arc repaid and discharged in full.Unless otherwise required by ORAL AGREEMENTS DISCLAIMER. LMPORTpNT: READ BEFORE SIGNING. THE TERMS OF THIS applicable law,Lender shall be under no obligation to issue a termination statement or similar document unless Debtor requests same in writing, AGREEMENT SHOULD BE READ CAREFULLY BE-CAUSE ONLY THOSE TERMS IN WRITING ARE and providing further,that all Obligations have been repaid and discharged in full and there are no Commitments to make advances,incur any ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT obligations,or otherwise give value. MAY BE LEGALLY ENFORCED.THE TERMS OF THIS AGREEMENT MAY BE CHANGED ONLY BY ANOTHER ABSENCE OF CONDITIONS OF LIABILITY.This Agreement is unconditional.Lender shall not be required to exhaust its remedies WRITTEN AGREEMENT. against Debtor,ocher coWteral,guarantors,or any third party,or pursue any other remedies within Lenders power before being entitled to exercise its remedies hereunder.Lenders rights to the Collateral shall not be altered by the lack ofvalidity or enforceability of the Obligations against Debtor,and ibis Agreement shall be fully enforceable irrespective of any counterclaim which the Debtor may assert on the underlying ELECTRONIC SIGNATURES-Each of the parties to this Agreement may cxecole and deliver this Agreement and any other agreements, debt and notwithstanding any stay,modification,discharge,or extension of Debtor's Obligation arising by virtue of Deblois insolvency, docurnenls,or instruments to be executed in connection with this Agreement by electronic means in accordance with,arm permitted under,any rn bankruptcy,or rrp,aniaation,whelher occurring with or without Lenders consenL applicable law,including,without limitation,the Federal Electronic Sgnatures in Global and National Commerce Act,the Iowa Uniform Electronic Transactions Act(Iowa Code Chapter 554D,Subchapter:')or any other similar state laws based on the Uniform Electronic NOTICES.Any notice or demand given by Lender to Debtor in connection with this Agreement,the Collateral,or the Obligations,shall be Transactions Act The parties will not raise any defenses or invoke any-egulalory or statutory claim attempting to invalidate the enforceability deemed given and effective upon deposit in the United Stales mail,postage prepaid,electronic mail,facsimile,overnight delivery or other of the documents to which the electronic signature is affixed. commercially reasonable means addressed to Debtor at the address designated at the beginning of this Agreement,or such other address as Debtor may provide to Lender in writing from time to time for such purposes.Actual notice to Debtor shall always be effective no matter how such notice is given or received. By signing this Agreement,Debtor acknowledges reading,understanding,and agreeing to all its provisions and receipt or copy hereof. WAIVERS.Debtor waives notice of Lenders acceptance of this Agreement,defenses based on suretyship,and to the fullest extent permitted by law,any defense arising as a result of any election by Lender under the Bankruptcy Code or the Uniform Commercial Code.Debtor and any Allen Ocvelopment LLC maker,endorser,guarantor,=cry,third-party pledger,and other parry executing this Agreement that is Gable in any capacity with respect to the Obligations hereby waive demand,natice of intention to accclemic,notice of acceleration,notice of nonpayment,presentment,protest,notice of diahotmr,and any other similar notice sole:solver.Debtor further waives any defense arising by reason of a disability or other defense of any third pitfty arbyfeason of the cessation from any cause whatsoever ofthe liability ofany third parry. By:Jesse Alien WAMER OF JURY TRIAL AB artles to this Agreement hereh Iinowi Its_huin p g y tryly ape voluntarily waive,to the fuBcst eaen[permittM by low,any right to his]by jury army dispute,whether In conlracy tort,or olhvmise,arising out of,in Connection whh,related to,or incidental to the relationship established between them in this Agreement or any other Iasi rumen[,document or agreement executed or delivered in connection with this Agreement or the Related Documents. JOINT AND 5EV ERAL LIABILITY.The liability of all parties obligated in any manner under this Agreement shall be joint end several,to the extent afdheir respective obligations. SEVERABILITY.Whenever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Ira;but,in the event ony provision of this Agreement shall be pwhlLlral by or invalid under applicable law,such provision shall be ineffective la the eaturl ofsoch prohibition or invalidity and shall be severed tram the rest of this Agreement wi than invalidating the remainder ofsixh pmvisinp erthc ranaining provisions of this Aprertnmt SURVJVAL.The rights and privileges of the Lender hereunder shall inure to the benefits of its successors and assigns,and this Agreement shot[ behhding on all heirs,executors,adminisrraim.astigns,and successors of Debtor. O]aaF]al]Comptuvc ayaaae IlL sal Ilfil]bhMma-raz3 Na le a 0a�]0al eampli,.cc shaimie LLC rat 116}]dmkne-r0I2 H]le] c�a.t-sa,,,n•n•��ouoae s.srrore wwrd+ctw�nmo.�m co„ew„d sa..,ynv..,m,iuume ru.are awwopw,r„y„e,,,,q,o Exhibit 46 to Petition Exhibit 46 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT yr� E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT MISCELLANEOUS ._..:.J 1. ._-_- - UCC FINANCING STATEMENT E23026549-3 Fcucw.s1RUCnONS .NAME&PHONE OF CONTACT AT FILER(opbonel) FILED IOWA SECRETARY OF STATE e.E-MAIL CONrACT AT FILER(opilml) c SEND ACKNOWLEDGEMENT TO:(N.—aM Add—) 2023-05-03 10:56 Hills Bank&Trust Company 131 E Main St Hills,IA 52235 TM1 F\OlL'YTU�C'WI r\Y11 C!1'CE IL[pY,t DEBTORS—PIo.Ma..krrc onw.,,.,•,,..x„T.rr.�.r.rb..a.n.Mrs..eun.Mv,.,.r•-r.rn.._....r oR�MmTvr,mc.� Allen Development LLC MUNWAL551RNPME RRSTPERSON4NMAE AComCTNL—E(SyTNITIALIS) MNf[ Lb�Nki/L'Qiri qlY STATE PosTALcoCE PO Box 3474 Iowa City IA 52244 USA SECURED PARTY'S NAME:NroAsnnAAe ra:cdcblEElxAsawro.xEp.ROFlwTn+i..+.w'v.s.L WWP-M nema TprrsTwLE Hills Bank&Trust Company NCM0.1PL55URNPME FlRSTPE—gLNAME AUUITIg14LNPMEISbWrIAL(S) SIFrI.i MM►�']Apprf{y SPATE paSTALOYE IM Hills 131 E.Main St.,PO Box 160 IA 52235 USA COLLATERAL:TM1i:bnanxiny MMamem awe�ane mlkn+no=oeamlal Al inventory,equipment,accounts(including but not limited to all health-care-insurance receivables),chattel paper, instruments(including but not limited to all promissory notes),letter-of-credit rights,letters of credit,documents, deposit accounts,investment property,money,other rights to payment and performance,and general intangibles (including but not limited to all software and all payment intangibles);all attachments,accessions,accessories, fittings,increases,tools,parts,repairs,supplies,and commingled goods relating to the foregoing property,and all additions,replacements of and substitutions for all or any part of the foregoing property;all insurance refunds relating to the foregoing property;all good will relating to the foregoing property;all records and data and embedded software relating to the foregoing property,and all equipment,inventory and software to utilize,create,maintain and process any such records and data on electronic media;and all supporting obligations relating to the foregoing properly;all whether now existing or hereafter arising,whether now owned or hereafter acquired or whether now or hereafter subject to any rights In the foregoing property;and all products and proceeds(including but not limited to all insurance payments)of or relating to the foregoing property. CbuM,.&.'d apob bM and 0-o&one Lux:Codalorvl,a'.0M1eN InaTUM Leq�9 odminhloled bya Decxdonra Personal Represanlalite Cluck ll appbwLle ontl dl—,pl(ona box: gk tl.kNalA.aN v.[b�'IM"bo^ �P,Mk.F,ranco Tmnzncfion�lkrwlwMadJYnn TrAwrFhr[]Apm c�SralwMpUM'I ❑ly.W1ol LiailQNonUfG F'd,q pLTERNArnEDE51GNg11GN rdnpPsceLb):OL •tl^"tW:7 "� +'�"©�'MP�NNOanllaa9nM�p Liven=amLmensor OPIKKNL FflFR REFERENCE GATA 4677 �n.nP:rcaw erxTwERr...rr.rpwgw na.reragar&mp)e Iw9r RlIDL es'rLse lY+]LVrg4F] ❑cov a to b<nil❑co ea detl wllaleral❑ic ldal aca tutors Lf,lp (w...b.e...ae.R)crrnnp:+lear.r.r.T.aar.w orf.r�rx.r.r.. d DeMm eoez not novo a r—di mle,azp Exhibit 47 to Petition Exhibit 47 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT Lender can enforce this Guaranty against Guarantor even when Lends.has not exhausled Lender's remedies against anyone else obligated to pay the Obligations or against any collateral securing the Obligations,I"Guaranty or any other guaranty of the Obligations. f1fl,erlda eunemly,holds one or more guuantics,or hereafter rnccives a ldatioeal go,rax:;im from Oueramm.]XItti='s figbq Under all guaranties UNLIMITED CONTINUING GUARANTY Hills Bank and Trust Company :stall to nunuWive.This Guaranty shall oat(unleu d Specifically provides tachervrim)affect cr invalidate my ollcr such guaranties. 731 E.Maio St. GuarMWr's Iiabiliry will be Guarantor's awegotc 11abdily urdrr the ka. &Of,hla CtBmmty and say such nthn umkrmimted gsaa cities. HRIs,Iowa 52235 - EXPENSES.Guarantor hereby agrees,to the extent permitted by law,to pay any and all expenses incurred in enforcing any rights under this - as.a;i Guaranty.Without limiting the foregoing.Guarantor agrees that whenever any attomey is used by the Lender to obtain payment hereunder,to - enforce this Guaranty,to adjudicate the rights of the parties hereunder,or to advise the Lender of its rights,the Lender shall be entitled to May.2,tall recover reasonable attorneys'fees,all court costs,and expenses attributable thereto(the"Expenses"). GUARANTOR INFORMATION CONSENT.The Guarantor consents to all extensions,renewals,and modifications made by the Lender for,or on account of,any indebtedness Jerse J Allen Type ofEnttty:Individual of Borrower to Lender.Lender may proceed directly against Guarantor in the event of any default by Borrower without resorting to any other 4881 Dinglebeny Rd NE State of Ra+d Iasi:rmva persons.to the assets of Borrower,to collateral security tows City,IA 52240 P Y ry granted by Borrower to Lender,or the liquidation ofany collateral security given hereunder to secure this Guaranty.Furthermore,to the extent permitted ay law,Guarantor hereby agrees and consents that the Lender may from time to time without notice to Guarantor and without affecting the liability of Guarantor(a)release,impair,sell or otherwise dispose of any BORROWER INFORMATION security or collateral,(b)release or agree not to sue my guarantor or saxery,(c)fail to perfect its security interest in or realise upon any security Allen Development LLC Type of Bushes,EmIty:Limiwd Liability Company or collateral,(d)fail to realist upon my of the obligations of Borrower or to proceed against Borrower or any guarantor or surety,(e)renew or PO Box 3474 State of Orgmisation/Formatlon:Iowa extend the time of I—City,IA 52214 payment,(I)ncrease i or decrease the rare of inerest,(g)swept additional security or collateral,(h)determine the allocation and appliemion of payments and credits and accept partial payments,(i)determine what,if anything,may at any time be done with reference to my security or collateral,and 6)settle or compromise the amount due or owingor claimed to be due or owing from my Bortower,guarantor,or UNLIMITED CONTINUING GUARAYFY.This Unlimited Continuing Guaranty will he ref d la in this doeuoent as the"Guaranty." surety,which settlement or compromise shall not affect the mdcr ign_d's liability for the full amount of the guaranteed obligations.To the LENDER."Lender"means Hills Bank and Trust Company whose address is 131 E Main SI.,Hills,Iowa 52235,its successors and assigns extent permitted by law,Guarantor expressly consents to and waives not ce of all of the above. BORROWER"Borrower"meets each parry idemiRed above to whom Leader has extended credit and f cim accommodations REPRESENTATIONS.Guarantor represents and warrants that Guaran or has established adequate means of obtaining from sources ether than GUARANTOR.'Guarantor'means the parry identified above that is undertaking cednin liabilities In the Lender,as Lender,an a continuing basis,financial and other information pedalling to Borrower's financial condition,and the status of Borrower's spceifiedheeim performance of obligations imposed by the Related Documents;and Cuarantor agrees to keep adequately informed from such means of any OBLIGATIONS."Obligations"means my and all indelawdrim,obligations,undertakings,covenants,agreentents,and liabilities of the facts,events or circumstances which might in my way affect Guaranlors risks hcmmder,and Lender has mode no representation to Guarantor Borrower to the Lender,ad all claims of the Leader against the Bortower,now existing or hereafter arising,direct or indirect(including as far as my such matters.Guarantor ftmher represents and warrants f3al(i)neither this Guaranty nor my other Related Document to which pmiciputiom or my inlcRm of the Lender in indebtedness ofthe Borrower t000thers),acquired outright,conditionally,or as collateral security Guarantor is a party will violate any provision of law,role,or regulaton,or my order of any count or other governmental agency to whirl] efo m Another,absolute or contingent,joint oorr several,secwed or unsecured, hued or not marred,monetary or nonmonetary,arising out of Guarantor is subject,m provision of m agreement or instrument to which the Guarantor is a w b which the Guarantor or m of the ntr is or ram,liquidated or unliq dated, 'rig by operation of law or otherwise and all extensions,renewab,refundings,replacements,and 1 y P Y Rre party Y Y madifimtions of any.flhe foregoing Guarantor's assets are bound,or be in coullict with,result in a breach ol<or constitute a default under my such agreement or instrument;and(ii) no action,approval,filing,or registration with my governmental public body or authority,nor the consent army other person or entity,nor any NOTICE TO GUARANTOR.Lender has agreed to extend eredi,and financial accommodations m Bortower pursuant to a promissory now other legal formality,is required in comedian with the entering into,pef.munee,or enf.reemenl of thk Gwmty,except such as have already executed an even date herewith(the"Note"),and all agreements,instrummrs,and documents executed or delivered in connedioo with the been obtained or taken and with respect to which a copy or other ut sfa[tury evidence has been provided to Lender;(iii)this Guaranty is foregoing or otherwise related thereto(together with Any amendments,modifications,or testaments dlercoL the"Related Dotvments") executed at Borrower's request and not at Lender's request;(iv)Guarantor has not and will not,without Leader's prior written canun4 sell, Guarantor is affiliated with Borrower,and es such,shall be benefited directly by the transaction conte appmed by the Related Documents,and lease,assign,encumber,hypothecate,transfer,or otherwise dispose of ell or substantially all of Guarantor's asmu,or my interest thmin;(iv) shall axeeve this Guaranty in order to induce Lender In enter the transaction. Guarantor will,upon Lender's request,provide to Lender financial and credit information in a form 4eccpuble to Leader,and all financial In c..bi6cisim Of d,c foregoing premises and other good and valuable consideration,the receipt and nos itatcy of which are hereby information that Guarantor has provided to Lender or will provide in the future is and will be true and correct in all material respects and fairly acknowb.W.Ooaraniwhncby Lvtaranwes,promises sort undertakes,holhjoi.11y andsevcnlly,as(.He-: presents Guarantor's Financial condition as of the dales provided;(v,there has been no material adverse change in Guarantor's financial condition since the date of Guarantors most recently provided fmmcial statements and no event has occurred that may materially adversely UNLIMITED CONTINUING GUARANTY,Guarantor hereby unconditionally,absolutely,and irrevocably g,urentees to Lender the full and affect Guarantor's financial condition;and(vi)no litigation,claim,inv^sdgxlion,administrative proceeding or similar action(including those I'Maps royer"!cod W mtwmce when due{whedaer sr'dose maturity date of by rrtvired Prepayment,accelcuumn.oa-kmri.)of all for unpaid taxes)against Guarantor is pending or threatened. 0Megadmna otthr Hano—i to the Lender(nata idnIanding the fact Ural from dame to time.such Obaiomiwrs Mary baredared and hear mcreaKd, emieely a LiAlsishrd cad late:mncanwt,err ureic may be as ilakhuaogesl rwtrwouiasl.bawata cerarrd,of assay Littl sad dnaipiiun, SUBROGATION.Uamd the owiypuomx are irrievoeably paid and divbragnl+n fall,Ciunaomor waives ell rights orsulwogatiea,mimbuiscmeni. whenc.r rtnr rx)nisa or 3—Res ruing and whether don n i.dltecl,Jae or w3tkh may become tan,aM.lare W wsiisgbast pri Macy Or indmuuty,adertrt7nrficm.and any other not of na arwe agniml Of with Yypou to Damanucr or any ether person.Nolwv dnrandl.r,my payar9cnl sraaneur,hRundmal Or wdiqu;&sad,whe]Ler.nginatsd wllh lender Or oval to othe.s and aegvurd by IFa4r by P.O...arrignmem,.r or payments tads by dx Guarantor hcr.mder,many ucmfror Pppheodm s of the Collateral by the Lender,he Guaranty wl11 ram exercise any odwr.jac.W i.cfvdiatl wishow Imuahen all lass;advxJuc,indchtolocts,and crab and every now obtigrdon anshig Onda toe Rehted rlghu or dtc Lender agal nst the Borrower.nor shall the Zumiu fIN sate F]rrCidufitgm from my other guuamw"M all the ObligaJfoas Shull have "k-mnenta,and all OgYaoeM`%inmo t-1%and docwaents evlsso—L guaampna,acawina as ad—ist""01$ro curdecllan rtnth say of been paid shall pafammed in full.If my amount shall lit paid tat fhe GU aaoter oa aeeotml of such bubmgu60n rigbu sr'My rime wben Ott dre she lwcgoi,ag,Uwtba wi 4 my ammdnwti,modiftcvivnt,and eeswcmcen it s r,Plus Expcnaea(ss dix tend is oc feed below) Obligations,will]tat hire been paid or Bd I,such mroaat,hall be held n brain far the hertrg,or he Lando and shall farlhwtith be paid to the This Gulnaey Is r.ahxdutr•present nntvnd-rJrwl sad conwwin 1-ceder to bo rrolited and applied w dae❑bfigaaony,whether matured or unrsatuled. s It try of luymem aM Iac%j a a this,ne to tenon e!11 Pods and effect until cork tiaras n I,epdrr agetnwkmmWut dsis Guraery is wnnna,raelwiehaesndlag+se fait drat fret mime wants.the oblgsriops[,] Ouy be mtadw,lmer errhica cd d oaas ci(b) this uswl sad bur rnnc»cd;or{cl may!x enter lu ora"Jisis elu.ptinc�d warp sew CF Nh:tL1I.WAIVERS.Guarantor,m,he exreat permitted by kw,hereby waives(a)mice ofoo-Tuamc.of Guaranty and all tonics of the a sin sdras acah cshtfg wits Lends c Bailsas mr this Gums callp&,sr Uaaaamx sect when Lender bar era Or Any d Lrn&r'sremedla crealiaa,exreninn or accrual ofany of the Obligations,(b)diligence,gckmorwat, ichaf,demvW for men notice of dishown.oonlcc of against i-Las) Lot heahlJµadm pay du..M s.usor agsirataar qn Fins he aI c d.rusisaa foram,cols..t r. rioa i Againstthar acritic. intent so xrrlemte,and rimiee aTaraclerarion,c)notice army miltcr nowise whiftWc r to iltc extent arm red Payment, Obttytiom Lrrafer tar mfxce,air[;ummry,gamu Gtaaanmr etxtt what I.ndea boson eJuuskd Leader's rrmodier Against togmrte Use ( p h]' (d)any roquirnnrnt that obligurad+o ply die clabei deal err against say oellm asl ucuong die OW&-a]ns,this Gntsasay of myaaa bwrwy oftbe{]61+g,eea>. the Itnder uke any action wIu xocvw against the Dorrawer or stay other Parry or file any dsim in the ei,eal of the bankruptcy of the Barrow._, or(9)failure In pm,eet,prCaerve,or resorl Io spy col Wirral,and(0 say and all defmaces that could be assisocd by llorfmm err Guoramor, 70d,a exam Pattdned by law.Ifxq scnktnm4 direhrgc paymemt,grant efHOWiry a mntfer of lr.pedy rdadnr to alchmXirA say dory oa ire loding,bar nos limited rat,sly derenen strung car of failure of<onsidaatioq breach of warranty,fraud,payrncn,,sam1P of(rauds, liability rtorad undo Or ga mmilred 4y rani.Gdapnry n reuindedm a teldea by virtue of ray pr.kLorl Or any W„}atlpeey,oaohzaq,or )- bankruptcy,tack ortapwea y,statute or Iimilaflom.lender liability,uaalfoteeaW itp of any[teloted Docurncras,Accord and satisrwrioet,w mnlar law Stir arit aedhope dghtf,Leader will be strides!Is reeavca the vr0wora unr of my each tetdemm,.diuhugc,psyaxat,Want of usury. meeorig"nlnshr of I oikic,Daps Common,as if Patti maletlkar,dirt•'w palmrisr.Dan,or imairy as i v:cr or property had not .,arm& Guarantor,to the extent permitted by law,further waives and agrees not to mart my and all right,,benefits,and defenses that mighl otherwise be available under the provisions of the governing law that might oyerafe,contrary to Gminismob'F agreements in This Gusrurdy,to limit Guarmtoes liability under,or the mf rmcmen.of,this Guaranty,including all defenses of suretyship. and Ca.tL'�e 5y,ma 1aC 91n]tl,afaAH]an N]1a 1 tese�d�,w rma.,a.oraon r.n tort �,,,,Martgm:.tt.. LENDER'S RIGHTS.Any delay,failure,omission,or lack on the pan of the Lender to enforce,assert,or exercise my provision or,take my action pursuant to the Related Documents,including my right,power,or remedy conferred on Lender in my of the Related L>wuT.^.ts or my Or_xall Ca ol.Sya .LL 919.74%bl,tdtf-nnl Ia3113 ndualdC.wmatuen„ry nLlall raaex�l wwseRuncna,__ Exhibit 48 to Petition Exhibit 48 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT nil"Go the park of Leader granting ipduirifi t or extension in any farm Cluaranly or my Related Documents does Dar opcmte as a waiver of Me LaRc a abiGty to cxuei.e all of its righli.The I.eodar,may eikoore to partially exercise rights under two Cuuanty9Al'dpr)[rLled., r l 11acumeni%but that dos Twl prevent the Lctu6cr from Fylty eserdvng these rights- SURVIVAL.This Guaranty is binding on all heirs,executors,personal representatives,administrators,assigns,and successors of the Guarantor. ` Nulls Bank ACCOUNT EASIC BUSINESS X ASSIGNABILITY.The I�cadcf may,w1160dr rallies,igD the Obllgafi0ns,in whale or In part,and each SureeSflYC assignee of Or NUMBER B51 Oblipadonx so assigned may eDfarec this Quanrnly for its own benefit with fmpgu to the Obligxdons so assigned.In the cVem that any,percop and Trald CON/anll other teal the Isoder shall hesome a holder afslcy girdle Obiigrlliorls,the relereoce to the Lender shall be construed to rcfin in each Rich holder. - Iowa —.e South Gilbert Office AOCGOW owNtwat NAM?a noornss RIGHT OF SET-OFF.To the extent permitted b law.Gumamor sxs Lender the ri t to xt-off an of Gual met lecc unis or - 1401 SouCirth Gilbert Street pc y $1 $h Y t> ry - .r_TA 52240, ALLEN HOMES INC which my be in Lend"posctnion mginst any amount owed under this Guaranty.Ib[s right of se;affdaes sot cmead to shy Keogh account, IRA,or simllor rat defcnW deposit.Further,the Lender kha htvc meltable all tenccdin untkr opplkabT.e slate and fcdefal laws,including due OWNERSHIP OF ACCOUNT-CONSUMER PURPOSE 109 WESTSIDE DR APT 2 garnishment ofwages,to the extent permitted by law. ❑INDIVIDUAL ❑ IOWA CITY IA 52246 ❑JOINT-WITH SURVIVOnsMP I.M nH rz.maaa in common) WAIVER OF JURY TRFAL.All pa rile,In ibis Guaranty hereby kna+rbao,and Val ual%rdly waive,to the fullest aliens perm[tted by ❑JOINT-NO SURVIVORSHIP N.,.n.nu In canmeN lair,any right 16 trim by jury of any c1hpute,wbeiher in ran[race,twit,or olhrmbir,arhing out of,in eo in eetfOa Wilk red-led In,or ❑TRUST-SEPARATE AGREEMENT: hieldencaS to the"Ilkiloaahip ulahlhhed be h.eett them In Ibis Gu ltmW or any ether Instrument,document or xpF"hlrhF exaaated or _ delivered In connection with this Guaranty or the Related Documents. ❑REVOCABLE TRUST ON ❑PAY-DN-DEATH SL'VCRABIIJTY.If a exult Oita lr nl sdeeliom ciderndncs an setae or hion of ties Guat is in va(id or ohiblA h a inhk DEpeccaTIDN AS Caunl ig IN T-0 AcoirfMllrr rqy rape jets Ci pray ty h Y pe ?III..saeawwin or wavocrx..� ■ taw,illst leml or Provision will be inetTWivc,but any to Ae oxlrni icqudrad w make it lawful.Any term or provision that has hecn deiumEncd ` ©NEW ❑EXISTING to Itc+r Ld Or prob,biied wili be severed frurn the felt or th is CUA AoEy vaoski hi alidating the Km4acti rod the prnvimiml pfthlf GUWinly. TYPE OF 9 CHECKING ❑SAVINGS 9� ACCOUNT ❑MONEY MARKET ❑CERTIFICATE OF DEPOSIT GOVERNING LAW.This Guaranty shall be govemed by and construed in accordance with the laws of the State of Iowa except to the extent' �1 5 ❑NOW ❑ that federal lawcaottols- This is your(check Orel: HEADINGS AND GF,NDM The headings in this Guaranty ate for convemare in identifying subject.mane.The headings have no limiting ©P.,menen, ❑Temporary account agreement, effect on the text that follows any particular heading.As the cor%ext herein requires,the singular shall include the plural and one gender shell include one or both other genders. Number of signatures required to,withdrawal 1 JOINT AND SEVERAL LIABILITY.The liability Of ell parties Obligated In any manner under this Guaranty shall bejoint and several,to the FACSIMILE SIGNATURES)ALLOWED? ❑YES ®NO WNERSHIP OF ACCOUNT-BUSINESS PURPOSE extent OFlhelr reepCGllVe obligations. ❑ OLE One. O PROPRIETORSHIP ORAL AGREEMENTS DISCLAIMER IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS E rx-I f.ORPORAT10N: 9 FOR PROFIT NOT FOR PROFIT AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ❑PARTNERSHIP SKINATURE1Si•The YndPalgtwe agree to MR term,aided on IWIV ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT ❑ poba of eram to.sad acknewfadpi,r 091 a.epmpl.ead cote TM u Ira,argru d Nflbon auakerb,IM Rouncial Inailo.oao to"-fly clash MAY BE LEGALLY ENFORCED.THE TERMS OF THIS AGREEMENT MAY BE CHANGED ONLY BY ANOTHER BUSINESS: sad,mptevm.mL Custer ah.vo.�., cos laperllrso a." WRITTEN AGREEMENT. COUNTY a sTA rE p,nwro, adH r P„f ills Plwat alp.e, as tnolrir-la.Tea Or ORGANIZATION: YlwXawMd afro pCknw.lcdpa the iacalpi pl a Copy,Hid earae to the AUTHORIZATION DATED: t_01 tM hallow"dactaaaa,atalr CI Oaaaiii Account Q Funds Avasability G Truth in Savings Et.FCTRONIC SIGNATURES-T'Jch of the pulses io ids Agrecmcoi may aTcplte and deliver this AgrCsm mIt ataf any Other agreernenu, DATE WENOD 05/24/G6 W KNXEMP __ ❑Elaclronle Fund Tra.el.,e ❑P,i-ey ❑Substitute Checks documents,err tftaffkialenla to be ucnktcd m copRedann vdlh thus Agreement by cleeuonie means in aceafIJOCY with,of at perntilte,a under,any INITIAL DEPOSIT i _ ❑ ippliublo law,ineludiog,wliboui kknuenion,the Federal Ekmonic Sigoowc in Global and National Commerce Act,the Iowa Uniform ❑CASH ❑CHECK ❑ r 1 Electronic Transactions Act(Icon Code Chapter 554D.Subdupsa I)m soy other aan{tu Bible laws Insed on the Unlfoml Electronic HOME TELEPHONE (319) 530-8238 Tamikkations Act.The Wics will noa•rafsd any dT:Rlisu err iRvake nay ugulalory OF WRIMLY claim anemps{eg to invalidair the rnfomeahilily BUSINESS PHONE a (319) 530-923 B tt I' 1lX SS J Bribe documents to which the CleCbunlc signature is affixed. DRIVER'S LICENSE JESSE J ALLEN ACKNOWLF.DCM ENT,Gusrarllor hereby aek"cligo that:(a)the liabilities undcnakcn by Guarantor in this ouamnty are compicA in EMAIL I.D.a r D O.B, nature;and(b)numerous Nstribic defef ops to the enforcnbl l sly of those liabihlkes may IllesCntly exist sndior may arlle,haeryTller.As par of EMPLOYER Lrndcts cons{draallon for courting into this transaction.Lender her 3perif[CL11y bargaEned far dos waiver and rcl:Pgvishlrirgf by Consular ofall MOTHER'S MAIDEN NAME Izr: x such defenses,and Guatomuf has had the opportunity to sick and rcerive,legal advice from skilled legal counsel in the Area of ftnaucisl Name and address of I--who whll mossy,know your location: trabowtmtLs of she We oonitrnpftted hateia.(31 ien all of the abokx,Gumatilor does hereby ri Munt and corium m Lerida That Guarantor is I.D.p DDD-oO-Goon o.o.e fully info reiWiting mid that that Gurmrnor does thoroughly undercrarid:(i)due nancre of all such poasibic&k rascutces nits,and(it)the circu mad 7 under which:uch&I'.in may wise,and(i ty Inc bmcfts which mall der sus might confer upon Cnntaalvr,alyd(iv)the legal wnsegpenm to J Guarantor orw,mMits arch defenses.Guarantor acknowledges that Guarantor makes this Cuarzovy with the intent that this Guaranty and s t of BACKUP WITHHOLDING CERTIFICATIONS 17u G the informed wars crs herein shall each and all be fully enforceable by(.ender,and that Lcndcris induced to enter into Ibis transaction in Dale" Tm' - -- er Identification reliance upon the presumed full enforceability thereof. Number shownRabovve NUMBER my correct taxpayer itlenuficalmn I.D.IF 000-00-0000 D,O.B, umber. r By signing this Guaranty,Guarantor acknowledges reading,understanding,and agreeing to All its provisions. Cl ➢ACKUP WFIHHGLOING I am"I swieer to beelW 1 wnhrOMnO stun!becatlf,I h,va not actin rvikwnd chat 1 am 14l: LX IWlect W wervn wHi.l.aWhnp a.,ia,Wt vl a Iapute i0 f00ar on int r u m e,v.drwa,err the Interrul Rnonvo S—R,he rnJlaa - a,e Casa r am ere tang+,auOWci to a %w wilhkwldn0. I.D.N 000-00-0000 D,O B, Jesse']All O EXEMPT RECIPIENTS-I am an exempt recipient under the Individual Internal Revenue Service Reculatlons, ❑Aumorl:ed Si,-Ilndly d-Acco.n,Only) SIGNATURE:I.edify under pe hies of pe,fury the a"lemanla r checked red In this action and that I era a U.S.p..eon(inclutline a L X lDaeel Ip,p n n e d leMlal]CmnPlums SYoast LLC 9lBzrkla2Lldlr-Sourer Fjr�Eltbp 01992 ean.erz 9vnems hnc_9,ewue.Mx r.,,n MPse wz-hA anvrooa MDE.EhAsrPse h 0 S� r(mg.9a 1.121 is 1h1uN 4Cmwmwg Gu vy-DLWIt Maelell ,.�...Mo-wnM•[� d/i�Y/� Exhibit 48 to Petition Exhibit 49 to Petition 1 I f t E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT i� TERMS AND CONDITIONS OF YOUR ACCOUNT n+rsq,d.pt rI pplorrT ew[N.gM hhyruuxn nYr,mu TM,rSpm�,y,,pp,eaq MROLIAMY.Inn reekrnnn.along withra C1 outer documents we Ciro You R.,:epaMa iry'ra p Pa,•pwpµiepeN Ax �I'4Y,q'prary•.prrv,,rry WCII eprwlll�p�w� ;ewe{I}.,s con ra ihoc es abbsM1os ruins wMch < gwryn1 was Iw,na,Fu�yar..pray Coon. # •�'1 uy� n11h uMnv'tl N wasun.a.rean W �r ]I 1 n• kid"run r•nA V,.Iarn"r,r„ �it Inew.via emaM1[Iwr•, i0,w .n ei ' : I °».ar..a.w rr.r r,e „� I;I ; growl, N� Q HILLS BANK u. or, lour el u.v.—Padarsn rrar 0.1 Ce.als,.e, acrnvvo r ra+Y dy.",,m.•I,r a W sw,M+,n,up,nN•M1.-span,}Ws[�yr � iti..nnn.r..,w w r.m.sl,.l aarw,w a r,wed,,.w 1 Ina., b'"[ nnwnwla..w e q•n 1ry�r.% nr II.a rxrnnl H vvr,. 111Ir N f maw it =M� Niuv�Ssr(parlx0.{nn yr I YreJs TTT M.r ,•*•eh iM,r�.don net h" Y rw�lt•+"�^r[:W�uny�.you st eurnww Ir q�ro�.•w�r.Auge rsn.'�i'aeA n rw•m.—I-n�aaslwae a..,m .•°°"`cwrn1G�•'"•r 'a°"l.�1� :„�5`r: e,al°"" "^au""'py'0"e""i° "w;ma In° 1-800-4,15-5725-Mem�cr FDIC-Revision 11-2022 i.l µ.drr.,ea vF n,II e••,a.1e s.1ieF Ydu m"v rA—10" ma"'i,'" m omi 8ria"•n our aw w°u a AYY AF rw IM ,m"7mn? . . f oidin"inr�d"u"ate'q 1peww�Iaa MI.wnganlpa�ppry r e ey law-v wa rr.,l r.e Inn - , 1.,d1i' µ.a v,nrllky,,pa"Ipnv,M.Merj,.v� eepwy wnlry w eel w•rt n,ln 'w.rpy [Yin rar,r ra W Ilacmr $ alw llwre, .K ox.n Account Tems and Conditions u rlm:r a,1r»ramlr�ern nor Pea neee,.r v n r°r�v..n.a a°na aI•o nrr••• • r�I n M ds'rv,:'Bw;saY'r< Tma Carr ad,p nsmrnn sa ear uen p,nap—'urewl Mrmr law ear .ran u. �qa Y�mm1 er Iwo,n wu n,.r p aew� ,en1 uwra n DEFINITIONS:Thmu bout This Agreement,the terms"you"and"your"refer to the Customer whether or not rheas r moo:ar mile.'nIe a.:vd. ter rw•rw'1a.an mr,tM �m 'Sne"enn.+1 iewa m$w" B !: �.•x ae �.r .. d.' v"R ha 1n.pas u w ninMH 4 are one or more Customers named on the account,and The terms"we,""our,"and"as"refer to the Bank,hills Bank tM.Iw,.ra via.oar ud. ePiw f0 a.Nuio ulr w.e and Trust Company.va1.y,wn,an w rcea,.n.n1 ra on le...e�ppss ere rynal. a P. ��.era e".,.aII aa.d nrrc ..:�.eeir,p�re�I,:,w pour P 3 er O.cxrr.•a.a,erin n,rnswW,d tl4,.Isola rUW„ulu aMY sir la,Nm ban on,n�ioop pr,n ew`ud w- y: w •sl•WE+,M1 C}VERAL AG ft VKMENT.You undersla all that lhr I'll lowing Acemmn[Agrnment("AVecukent")governs your 1 1 Y.VW no-Iw eu aW tvl tIr Y••rcn w [x Au�aua.sw,r n 1rA1ENGA1Fllr Arm sf nu`iu �vr rtwa raisga.n 1 I aas ah eaIn p.nw,[wr."Lllhi n,q ea n.PI e�'M.i eawa�1y,d uyi.v$..•,. aecoura-NI us,Alnnp Willi may odler dmulnenfs Pl r licr.hw IO your acrvunl•Includin all, mmt o enin ,•:•�Ien`nwaur. wdn.r woman Il�.,e,A.I alga llnrn eprp y P»•.n.w�w ue r,r 1 P 6 P B our,r.,.aa tv,r•r.,errau. _r,�mnn a nr�.N. our,fMknwnl e1.•,, JACIOsuros that Matt Hera WM to ou,,rhieh arc Jmo rs[cd hr ref urInam You undrralxnd that your account "`1°„a+R,.na["," w,e�w"'{ei Fx°v Y t'f�end a our aw w_� ea�,w aina,.a1.".i'rl`w�rlm.ny d�.'Saa�.a mane 1,nor .r a m° is also gnvrmrd by applicable Into. .ar.i."��v"ii i' i•'i"Irs"' w""r ow 'r�feeie s- k Wai opening i Il[1 n schcrlu it of fees avid¢hargws applicable to tilt mcuolia rho 1rutresl ratr[s) yy��yyppyy envy +w„ew y,at•ww,,.=ur �, 'lhn neerount 4 uin divrlamurrs nnI r u p .l. a ae,hxaM yk[ry u ,qww /vory %a r,r rwaylwruW��wW^riw L w•here[w,1.rw,awn P'e,•Pgr oar.,et 1rr�awre+.w Iw,•naw�w�»..I�wa.,�r;.lwrne".we�6m and epplicablc nrfnuRl pertcnlaRc yield(A r1•),cptlSFlnurxlirry Haul crcJilinynFimerrsa,miaiRrnm hnlantr nI un u.wt.,nr yar.:nm�1n«n,n�" u 1a ram a u,r1. a Ireu ulre w Yrn I.varml 1.x a,r s„n ,.I.y«.,a.hr.I. wiawr;„'"loll via, mtuirCmrnt;and oltrce pertinonl Enknunrbm rcNtcd in doe account.The infarrnnlion found in lIta account opening '&ie +elw'i ry u.ew,a vwanea b,�,-eN wur,awr .I,.vw r.Iwr i .r,r v,°n,ll.Yn°."'vaY`�vic�• h disruttrcs mar change from Iime lv lime in our Nuiu d"lion.Ifthe(M.Char•es,minimmn nncc rnluirernenlr, 'sv"IP'a. our I..u,lw>,a.ml.wr ewwN"Ir n.0 roar e, nsn.e[ s�ue,x nr rn:�e�' .,,Iide« 6 bol """'aw.n _ ia,:w w.n,a.ro•y.•,lour u,k.nl.nl w.k re..I+ or Other items cbau r ill A manner Ihat would adm.wh•:fr"t a we will rov Ide vu with wrrtlen rrolice 30 days " a.' 1 as[Trn °,` .rya nmar• w�vie u row,emw"nwq..-a,r,.n iwr,n .wel.nl.ea., E you. P } �I. aeon gS'ad�°I a n r�il'ea'"Xenl,w::,UT mr,n.'' Wier In tilt Z ra .U nvidfs a wain w Clot .N.dare,.wv . ..,P m� 1 Mx a'!u F erraretcclrau[c tigrwtureun llleAccount lnfnrmasiondueumenl or other ua,na-C ri wn.m r.en"r(,m,u�`nea.e�r.e,.•rnnwr wa e ���� wan Ibm�I In1a trI In aroma.�n e,.wn n Ulaugat to a n eau s un um,'e.•p,Iw.. re ra g qa rrc,r..a.nr Iw+.n we n.I Mob 9�yann,a aaawy nn Pr•nnrn n wu ticwnk i"d Fr r•CCnlrrrl,Or by irginR ry0Y OrWr C!j'lRiit AC[Ourr[SerY1CCl•y Mi>,rrd ffiIY}drnliflRd DcraNRl Ip Mwll,q II nmyw nk1IN a,•I I,,,r„vy w,vlr,r oar Inal a. w1.r.Ina+r.,•Maly^viearnen�i+, :+,. e 1 a W. rCa.,,,noon,A m,n n ,• Y x�"r[ v%vou Nllgrtt 10 the leapt'Contained In IIIIY Awouilt Aw"rineril. l°P�l°u wAts.wwa,anq now.x.,n a xu f.r gala IA`a n was w VQUit CFIOICK S3F 1 rw.ylw,q,ww. � a.wnln,n,v-r ,.vie r,w,.rr !T ,, v,•+n•on q er a CCOUNLT;Y m have instmciv P%nr to iht Lisle and tape Dflhc acounm Ih:n yvn ItnC vi.araT tipavr,'t°u"Srr wn"r,fi.«. f't;iw+ .ar 'rnI[I-., e"•."". 'f r a c ,a.w„.Ir...we.n1 a Axclmru nrx°s': CM1JSYII.you ACknO YtR]p!IL l I[I%y611r WeICSpO11Yit ll3y SO dCtprr11111C tI1L It1I11L6aI 11;KI PfUpC ilng and apu,,ryn wr�nwq a r,rn:wa u,e aganu�re l�m maintaining the t a.wd "" Ivd.nlr w,1Pr io, w t., Quad o Ys.it r,mFl.u:dm ra�a•arr eaww Ida.rq aaed g type gracccnnt xnu lure chosen.Wit ha.a nor set{prih uti lawn Ihai Ittu.,]nt on your eh,sen 'tied+X: V-A lm,N«a`�'�.i ni.':��.d°•' ^[ ou i, ,ve Ie ma" � I y 7 P o �!_ account,For exam ntr,dlrrs xrc cendhivns lint may tlCer hl be mfieficd 6cfnrc trans iCrrinlgarrvunllr due to dcnlh or wr'I"ir.e":a'�'a.."w Inr.1e nw.:,...a1. narlar.,r la veii,a w i w °v�a:`d.`a.nna�q u„1 In.acwl•+i n•I inn nbgw�a.Iunr m°Pr'a'"n°wi er lka„vr knrw.I °K.a,crr.s<y,. .n,r•: .dudvr yr kwx,,,,,,r �!ye. other events as watt as reduenivns to an DctOunl n%{uired or IlrrmhkCd by low.You most dr[cnniue n•bdhcr tin&a1r er 1n.or.+r m.1nla+ a. nc a.k,n,I. r nr.ew r:i.Iw r..wIr ea.a weal wMrriv'1e.emwi'm: rr lr� occaolrl you FCEni is D m ntlr for Your Ctnrrym o>4}tut-Ito ncuii.Except urcqubCd by Law,,vc assume no kgol r wk'rTwrmq`nr 4u ui py en nmpynN"i.trl�kvM k w illMbfpu,Y A 10111 ACIIIE ..a I..,rn Ir od.c,ad.w rr I'� ,ka,d•wn.nr,ai.(°ii+re 'vY''yq„' � •h'p• , amwll won w.etc,.eeewn d "7.I 1 e"mnro wnmm�r respansihility to inform txw as to lhre[}'ccr ofyMu Ixcoanl ehoire on!•ant legal iNlcrrxts, w+a."Ydar•$ r:ex. 1•.wpw.awanagyeipeoar pore•rn •dd m w '"'' M[u F,6 w rr n..r.n nn INDn•MUAL ACCOUNT:T)w named party in an iadfY Won I acesnrnl mv11%live trrcarvit vil way witlldmwali or rA Y�Irrpw..r h1j'e,t•,gN� rMNW, naa"�""A, nn,w.l r.r nos a, i aveep,wrr p.ral r dr.r�Y Alwq N,ml cwa n mn �w v Ma•rw. er r r.0 w l' .wnwr..+.,e In.yrnn $oma❑{the aCCOlmt.On the doadl nfthr *uI—nr"r sxe �i rml,r.n r 11�aror i gun e::=m ° y r� .an"�er a.nl WIN,rem.. p:urly.Dwnerahi]IYUSu�as port of IIIe doors rAfalu. �,wm:: I.— T'r.40lllerin.l:i'"w'"`ial e"Qo-,a:«°ulo'a".:.'�e '"aP"-,w "0 '" °aw'm�"'„, "�,�"" v"",a•I'.:w. i11ULTIPLE ACCOUNT O%VNE ItS:Irthem is inure Ilan one amunt owner for your account,all deppsils are the r ou ea.•.+..re,..Ik Iaxrn. emnal,rI w nn qe wu•Irnownlar 11,IrvA I>R 7arriur:.neT,w n+na.lr teeny:: pmpvrly of nhr prrsnn(L]mdic,teal on liar axwnn,W¢nsgy Irkase all orany'part Dfllua anionnt in Ilw acratmi m iw,en Iwo»wexlr aKxpscbxna MInluwSnen eMns,.,qn 1•ar e •w„ tlnd,vw•. s e+,w.x Tiuw� aw n.,�r hnw,l .ap111 nr, I awn�Ir.a,e.su.�a{,r n;I an was a Ilwvot circekt,willWmwals,wders or u sts fmiu any person named fill Ihis a[wunl.An n named nu IIn, .q.r.. ,Kxw"""" aOe.u'rer"�eb"'ft I-*—m1.°6e �` f� 7n0 n oar,r.,,.,.neI 1.w un nkgrq eWar•aw w =w�s., - n cwrr yw,.y I urcotlrH is IERbfe fur nn nmounl cglmt iv thraven]Mwlt at L+uvw plus any nverdnlft foes r¢g1lydlaxs ofn'hrlher Ile K ea.n.r nnm M r.u.•o+r `.e' ,..n. t ....,e,v. 141M ur°,`w, rLe sig ned the ienl of bMmefRed foam the Pto0e-d-s f IIIC ilnnn.1yd Way also freM she RcrnvM ulnln lePeipt of nalkV [.wart m,k c,.ryr,rnak ad�yw a.rr w s,.ue1 m r.nwr e,.mw.,ales re4 ,w=n�y nrvy.'"n,:,� ��."y',I�u,h(r, „Tom.n1•o— or the death nr ine illooily of on aevwunt owner until we h ncr recaiued all rxeesuiry dvenmennativin to establish lu Pr"iI' "Fy�n'r4-Ina n,C;act l IsWlyCz-.sugR.�A l n!a ni• dul l cal Ia 1h. 4++ +r.a11r„n sa+� lar.n w red Olin ry 0 Iona"" a•ilnm li pOyll 91Ou Id he made, re may use tllr funds to xrij,dj a dubs vrjudgmrnt lifpn N o y person naINn dti% i M vLew""� our ranra•rw �w n —e.. awarar nr .od mrl�o..tr}Mineu'f.euu,,, v v:" W.I..w I.eI,I ;r rMnnw 1r,":.cil"via m prrpum ifordr:lM to do soh a coulT�f tan'. . uelwr.•. wn..i FA�So tit ee¢+[)Irrnvre`(rS w Ier,..w ram.wen ma JI77H'T 1V1T11 RICEIT y I d.,r an nI.mail. •w:+:w In I.�r: ,Irn'a°' r«"°ar n�irar PE 9URVIVOPSII lP ACCOk VT:Tutu juinl tC P:mTJ(arenum nw,Woo)0171C Ihpt all Iw'n:i:I1.our I,vy ten Iw r.I,I.nl,ngl In1.,nw :`..o.•:++'+ a,�r °r�.w u.r.c:.l.rya u+•w,rl ,n.Baa,un a yn{VIIwr son u•`i"wa Hsr•ga.You,y�rII fi`e. � v n.tv II.k•A. ,I�yrly r rryr r.wl,d.Ilw sJW,. 111r,dn algIA0llcd Plow ur 111010t future ill ill is account}atoll tic Reid us ohlt mmanls L,ill,ri•ll Orsurvivorslri and not nor W w�senna cFlOrq novae tn.,.Ma, was hoe onto W,.•a K,nil IM na,are,l n•,nn,r el aµun.M f.r ury'"ua r �n n„vma,,w.0 wmnwa„ kw as tcnrrus in common.Upon the drnth nfri joint lenam,d c account ha lance shall 11cconto dTc praperr}Of dW rarklM Cad na,l IrlcYwwu Ia Ih',nul�gn;reee?a'I�e" bv1`I m Ile$s°riiETrv[I� a.vas m q[r..v,mw IlvrnF mrMmvcu,.v gall .Rlltil•iII aim Irpprnl[a1•lftlrrre is mu &! �a nt������ nuldkl n�p�y� Ins•a neNal, I..,n..n, wh..w."al n•. lulled g.rr cad I.ae,c�a.. PJ re Ihmn naa lllTYirCI oin[tenant.liken the recount shall condnrto In be held prama.Y rva w.I.I.II Ie a j rig I o surmhrunhip,ashen iltte a only vac aurviufugJt tut wamn.illy account shall In Ir:a non+rr M v,..m.,,a1 m se .kw.n nn,via IMF 'r^"C1e •,nW+ur wnR, Clot a0 am•,'a wq �rf w for era i4°"�• as a von arcaum with A f a>•oa' n nalmra W"<1�caW,6 ee P•.ara sad iW sA pAp{p pr R nw enr,af,Ia,a va urnls nli,dn m o-.`..an� 1 ,Iwq lm.nlr.,..aa Er I. ,a w•av w,.r en Ieal Corot;n Car errn.r-$�nlw treated as all individual account DIneM a:«r ro1,.ew, a u e wu.ar...eI w wv+.a1 o-w n was,c.vr n w a w pu uI.I SOINTNITHOUT RIGHTS OF SURVIVORSHIP ACCOUNT:The Iemmnts(account owners)agree that all YNlRErlu OF ACCaIrNr Aa0 NM AAV tIES1aNATION soy rut., "C:v"ww�,y�I'�'"• `I,.�,Asi mu,alx•.vraM +,m d.r-aaa wardnrerl. wI',w" tilr;e,e w n„u rr,, ,r�, n, funds deposited now or in the}inure in this account shall be held as tenants in common and that there shall not be a anq.aven. r� w."I.a IM w, ..`rie.en'm"r'+�I�r� rn Ilp.aY,>nark,,,,acseu 11e a.,2 ri f nfwnnT,rshi teoWM Site om,,nm.k! n alas dud,of a tenant,was nw asp•r� r.e,::y iw aeem,°.,I.a,vin w 11 w.er ao m^,"r�,,,,aw w.T. r "�l'r p pD y pay lhm de,eedenl's shore of the W M�wK al.vmoyaa,l an,km•I.rd Mrvn.+, w a ^ b•n�Y I I,rfvaAY n 'nT G, v. A r In r a•r e.�aA.a d a a . .n.+�+� n �waaln. w r e�. kani:dI-0i 14,1 oat III i..I-- I dw ern,e XOP1111 UP 11 ik tar her ntale.Killer,is rtom span one vuwving tcnan.Ihon bcbvem the surviving tr;I>;lms,the mmeerrrwv.u..,n"•l kny,a .`t(°"rr.nelw I. 6c c!J ae a riot nrcaunt witha n rights of rvi Coon,Y1 n.,•ad lw0 p me y"•la"ly an of ypl,Inrw u,�n"„wv Neu,auhlerel[Inpp„u Il: nrcn.wx Ibf[I� [, ,ctotalt%Ila]I cant urn to in 11 r Ian mr re.e.°a"I geF1 a.r okwawl all, n,n '[. ll.°{w" 1 g SIr VoraErip.Wlten then:is only prlC sun•irina ,vII'I�,,,.4..eP nr,0 "a 1M�caewerulraW��}.iR rwgynr me'.01 ialeuuwrp el one yerl„uIa4 ^r'.' "o'w:a IL.",BE t„'1,j:m"S tenant,dm accourtih}halt W lrcarni us an indie' In q�I,"inski,n,""b^.rat n wl.inl A .ale dxaFyrmyGl,irn.M � °r algal w,aw 4nfatY WMr. iylnlll]nrCOlan. r Au "++•' ••r+•"+,•o w wv a/ena dew mw ww wi PAYABLE ON DEATH ACCOUNT:A Payable On D•oth account permits the account owner(s)to transfer the ' I"""°°f m;".'.''°'" "°y.,a "'peg"n:° repe"'"+"`1°'y pI account to named benefici,Iries.IFlvvo ar more account owners creole a Payable On Dendl acwlmt•then between Rjgi rye wlex,cc.unll �t11•pv kynl n, „T,•u I•^ H—L d iljka wN r,j Y IM[NJrIM I,ny�eeKr w 41 eft,wliia�l i ip-2.r21 the account owners,the account is treated as ajoint uccoimt with right of-I-vivorship.The account owner(s)may Fj[r'e�f e1905,1990,I9910.na.,a9y.rcma,4,c,0e ei"uA,MN rwm Ms0C lA2la<,I9I]00.Cun.m a"aF.ElarlrEC r Exhibit 49 to Petition Exhibit 50 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT l E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT ...; a-.i withdraw al(or part of the funds n[any time.71e account owncr(s)may change the named beueficia:ics at any time made to us as soon as practical upon a change to the beneficial nw'nership infienmation in a form mad manner by written direction in a form acceptable to us.A beneficiary can only nequire withdrawal rights by surviving all of ,w acceptable to as. the accotml owners.Ifmore than one named beneficiary survives all of Ilse account owners,then the beneficinries TRANSFERS AND ASSIGNMENTS:We may assign or transfer any or all of mu interest in this account.You will be entitled to equal shares of the finds without right of survivorship,unless otherwise indicated,If no • connol assign or nansfcr any interest in your nccouut unless we agree in"Tiling, beneficinry survives all of the account owners,then the account shall be treated as an individual account(if there is AUTHORIZED SIGNER(AGENT)DESIGNATION:The agent umned on your Account Information four may one surviving account owner)oral a joint account with right of survivorship(if there is eon.than one surviving make account transactions for you hill has no ownership or rights at death.Ifyou have designated Thal the agent shall account owner).In that case,ilia account will be in the nume(s)ofihe surviving account owner(s),muter than a continue to have power after your disnbility or incapacity,the agent's authority survives your disability or incapacity. Payable On Death Account. The agent may act far a dknbled or incapacitated part)-until the authority ofthe agent is tenninated.Ifyou have ESCROW,TRUST,FIDUCIARY AND CUSTODIAL ACCOUNTS:When your account is set up as au escrow nmcd ilia[the agent shall not have power after your disahilifv at,incapacity,the agent§authority terntinews upon aevoinn,trust accounl,fiduciary Recount or custodial account,it is your sole responsibility to determine the legal your disability or Incapacity.If you failed to specify whether or not the agent's authority survives or instead elects of opeuingand maintaining rat account of Ibis nature.We have no obligation to act as livstee or to inquire Iernlinntes upon your disability or incapacity,(lie authority,will be presumed to survive your disability or incapacity, imo your powers or responsibilities over this account.We reserve the right Io require die documentation necessary Death of the sole party or last surviving party terminates the authority of tie agent.We may continue to rely an the under applicable law to establish,maintain,manage,and close this account.There nmy be additional terms and agency designation to ilia extent permitted by law,until we have proper notice of an event of terniination and have conditions that apply to this account that are governed by a wparate agreement. had n reasonable period of time to act upon it. CUSTODIAL ACCOUNT:Ifyou haven custodial account with us,please note that any custodial account POWER OF ATTORNEY:Ifyou wish to name another person to act as your attorney in fact or agent ill maintained is subject(o the town Unil'0rn Transfers to Minors Act,or similar applicable law,adopted by the slate, connection with youraccounl,we must approve the font of appointment. The account must be opened in the name of n custodian far the minor.There may be only one custodian and one RESTRICTIVE LEGENDS:We are not required to honor tiny restrictive legend on checks)you write unless we minor for each necoun, have agreed to ilia restriction in writing signed by an officer of the Dank-Examples orrcArictive legends arc"two FIDUCIARY ACCOUNT:Fiduciary accounts tire those established by a person,whether an individual or a non- signahucs requited","must be presented within 90 uays"or"nu[valid for more than S 1,000.00." iudieidiml,acting fin-the benclil ofanodor person orpersons,whether all individual,or a non-individual,or both, STALE OR POSTDATED CHECKS:We reserve ilia right to pay or dishonor a check more than six(6)nionlhs Fiduciary accounts include,but are not limited to,gundinnship,conservatorship,formal Inisl,and agency accounts, old without prior noire to your.You ag,ce not to posidale any check drawn on the account-Ifyou do,and th ec e chk We have no obligation to act as trustee or(a inquire inn your powers or responsibilities over this account;however, is presented for payment before the clue of the check,we may pay it orreturn it unpaid.We are not liable for paying we reserve the right to require documents and authorizations we believe arc necessary or appropriate to satisfy its that any stale orposidaced check,Any daniages you incur that we may be liable for are limited to actual damages not to ilia persons)requesting or direclingthe transactions related to a fduciary account have ilia❑udnority to engage in exceed the tunounl of the attack. such transactions.We will coruinue to honor the fiduciary aulhw ity presented until we receive wriuen notice Ihnt the SECURITY:You ara responsible for protecting the account ninnbers and electronic access devices(u.g.an AT NI nuthority has been altered or terminated and we have had a reasonable time to act on that notice. card,debit card,on'aline banking)we provide you for your account(s),In order to❑ssist its in maintaining the TRUST—SEPARATE AGREEMENT:Ifyou have a trust account,you inoy have advised its that a waiueu trust security nfyouraccount and access points,ilia electronic access devices remain our property and mny be revoked or agnvmient rxilsts that is smpnrwe front lhif iDepasil agrcenleril.You ilgrce,however,(but ire m¢y absofutcly rclyupon cancelled by us at any time without giving you prior notice.Ifyour electronic access device has been cancelled,we ilia rrfnn¢nlaliuns ofvou nail)mne atterrwy W im it lite ickil of the trustee cold bcnefici(g too asra other terns of are under nD obligation to issue a new ATM cord or debit card nano reinstate access to online banking. the lrutt�We hare the right to rcrpuirc you or your attorney iocompletc a bust ixeount cenifreolfan or other summary Do not share information about your account number(s)Willi anyone unless you arc willing to give them fill use or ul'lhe terms of flu,trust.in a manner acceptable to its'the tnrs(ee agrees to comply with all applicable laws as to his your money.Ifyou give out your account information or electronic access device to anolher person(such Lis a family artier actions as trustee of the account, member or fiund)mid grant lint person actual authority to make Iransfers and that person then exceeds your EST.LTE ACCOUNT:Esiate accounts include,but are not limited to,executor,ndministnlor,and personal aulhority,you are liable for the transfers unless you notify its that transfers by that person are no longer permitted.If representative accounts ofa decedent's estate.Ifyou have an estate account,we reserve dic right to require you voluntarily give such information about your account(s)to a party which is seeking to sell you goods or services, documents and authorizvtiats we believe arc necessary or appropriate to satisfy its lint the person(s)requesting or without physically delivering a check to that patty,any debit n or withdrawal from youraccounl it initiates will be directing the transactions related to an estate account have the authority to engage in such transactions.We will deemed authorized by you. continue to honer the estate audotity presented until we receive written nolicc that the authority has been alien ell or You utusl safeguard your blank checks.Notifv us immediately Ifyou believe your checks have been lost or stolen. As between you and us,if you are negligent in safeguarding your checks,you will he responsible for ilia entire Toss terminated unit we have hnd a reasonable time to act oil that notice SOLE PROI'121ETORSHH'—1'AVADLE ON DEATH DESIGNATION:Ifyou have a sole prroprictorship,as or share the loss with us if we failed to use ordinary care and if vva substantially contributed to the loss. the Sole Proprietor(tax reporting owner),you may elect to designate Payable tin Denlh beneficiaries to receive ilia From time to time,we may offer you services suitable for your account(such ns positive pay or commercially account foods after your death.Ifyou elect to designate Payable on Death beneficiaries,this permits Ilia party to reasonable security,procedures)to help Identify and limit fraud or other uumilhorized transactions age rem your Imnsfer the aeomrtll uptru line depth orthe pally to trained barmrieiaricti_The mimed party in o litlglapaAy account 3cc01111t.Yun agree That ifyou reject those services,you will be responsible for any liaudulcul or nnanlllari'Ged may whltdraw all or wino of i8e accounl during his or her Iifudiila.IU pony moy uhangc the lutmed berieffciaties Iransuctions[]lot Ilia offered services could have prevented,unless we acted in bad Faith or to the extent out' tit any limo by written direction in a form aeeepmhle to 115.If one bmireReigry surravas tam patty,then aw•ocnbap VERIFYING cane UND t0 the lots, pose%to the muncd heuaiiCiary.If Iwp OF Illorr tawneRclarits survira tine partly.limn tLr¢y will be entiltcyi Id cgxal VLI21F1'ING out NDS AVAILABILITY FOR CHECK:You n represent us to release funds availability ¢hates of Ilia r count without o right of icvrvivarship,ardcz.otlimrwim itrdigHCd.Ifyou r1eCI I'D(to designale infonnalinn about your mnccowu to individuals or merchau Ls who represent to us tin[they have received n cheek Payab lc on Death beneficiaries,ownership pusses upon your deal It as pat[ofyour as a(c under your will or by from),au,ClliiCIC SAFEKEEPING:Wynn utilize a check safekeeping system or any other system offered by its lmtextucv- fur the retention ot'your checks,you understand ilia(the canceled checks will be retained by us and destroyed after a IIVSINM ACCOWM:You moy have o bralueps account if yalr Aavc a partnmhip,Cngnuiskn,amweiatialt or reasonable time perlod or as required by law,Any request for it copy of anv check may he subjecl to a fcc,as char eatity operiucd on a for•prart lL4sist corptrmtion or acsaeialion upemled area not-fro•proftr•baais;and You iudicmcd in the Fee Schedule or Disclosures and as allowed by law,If for any reason we cannot provide you with a intend to use the mci;onmt for Ciurving tin a trade tit'husincxi We mwivc the rirlu w mqu by stparalt:written copy of a check,ow liability will be limited[o the lesser of the fact amount of the check or the urinal damages aulhtrri"liml,in a fair acoeputbio m tic,("lug W who is uullmriecd to act on ymlr hmhalf We arc aRplust4cd IQ mi,&f led by Ymi fmfltrw.tho.dircKyiuns or.,pcesan ticsiuuc uW a having unitivr:ty-to act on uae rraitya twhelf anti wit reocava wrl0m SUBSTITUTE ClIrCICS:To make check rlro: siug faster,rvJoml law permits FmilmW im1huliww W lg?lacc riatiee thnl die aulhm ity has horn terminated DES Itavm had a n 110PRI it!time In act upon dial native- o6pinRl chucks w Ah"snhgihite clswki."These inbidbot checks cur similar in sire to lln:wigir l items with a CF.RTllRED BENEFICIAL OWNCR INFORMATION.-You Fire resfionAbla fur rtoF ving us ofony clull'Wsto slightly redoenl IrnFige of ilm front mW back of dw criguurl item.Mc("t of asuhdritom eltak sta"!"This is a legal the card lied beneficial ownership info Inalion orlhc legal entity customer drat was provided to us.Notice should be copy ofyour cheek.Yon can use it die slime wwy you would use tha original mbeeL'Ynu utuy tour a wba;itrrlc Exhibit 50 to Petition Exhibit 50 to Petition I 1 E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT ; E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT check ru prodof pay1111vdl}im6t hlx the original item Same dr nit of IN(rams that you nettive bark From its may he Funds Ttatnliks as adaplyd it the state Mhiou.Irypu send ormw1w a wire Tmmsrer,you alpca that Fedwirolb whatlkhd ctrecks•All viechenie chock can his used to mate a subailulu tiled[sins the akulnmlc lalpsa and _ Fonds Semiec rung tx used.Fcdctnl Reserve Baird RcSulatir rs J is the lnw thial covers Imusaelians rn tk psYf ;lcelrU]iic illfalnolkn wn]derived Frunn its paper fann - Frdiwi"thi rtds Seniw,%"Ien ymt origillatc a Rends trabs rer rot which Fedw•imo Funds Sasvhcr is nscd,nod you REMOTE DEPOSIT CAPTURF,f"KFIC"1:Amato depnsil capture 0111Ools yna to malt,tk(vuaill to yourreeesml idenlil�y Ly near•a mpnbor a Imenehciasy filtancral lrvttlilriun,an int;rincrlinty financial inatllution or n Amin femter ImAlthrough U by dStates Raw' 'INosm Ill ins ;digital'imiales oryour original paper cheek;which are llrgavo on hula Funny,we and every receiving or Irene fiviary iasttivl ion rally rely❑o the idonti(yiag rlunixr to make or payable lhmugh United Slates Ilnpn631 iN%tilvtimts in Untied States dollars to us.We may Item ltw:[Ire dighal paymcm.We mar rely an Ilic number even if It Identlrks a Iulaoeiad imnitullmr,pcmmll or nocount adrer thin Its; image w erratc no cluclmnir.check or substitute cheek for coke Nan.it you use our Ri]C ice lcvs,irappticahlc,we, vnc nanked.lfytrn are a party to oil Aulomnkcd Ckuring I Worst("ACII")entry,you agree ilia[we may transmil sn limy requite yea W undoes;The hack oflhc pa porehcek 16,iodkafe 1lmt It has born Minutely deposllsnd,For exanplr, carry through the ACI I,and you agree to be bnual by Ilho Nativtal Avmnvrcd ClcarirT Moist Ansac lalion "Car mnhild deposit only"of"tbr niaWe ddpnsit at Ill1I%Rmkk and Trust Company only:" ("NAMA")Operating flutes and Guidelines,the rules of any kdal ACI[,mull the sulca of any other sy'stcrns WITIltIItAlVAL3;Deptniu will be usailable lift wilhdrawal corrls[cnt wills the wrens ordee bisclasnfrs. through which the entry is SIN& Wi0drgwa4 may hr WhIjret uk n 9MWIo yhargd,We have ilic right to require seven(7)daya prior wrillgn tuAley PROVISIONAL PAYFTENT:Credit we gicx you s pnwisie"mI wilt wo rcecive final 50 kment rar that refry. bran you arywr imrnl in wisltdran-any fmtds fanneon•iuivrrsS-Waring acceou• if we do twl ro its:rural scttlerrutirt,you drive Ihat-ve ads crisifled In a an fund orllre awtouat vivaiud to you in AEYOSITS:ikpdsiuentsy lxi snide En persml,ly mall,or to anulmer farm and manner as agrrvrd 4 w fn our sale cunnrcl tat with elm citlry,mid the party nail ins pnynlcririo yvu via such vilify(i.n,fire anghnntor of the entry) 116warion ft arc Ira]responsible for lransoctloa5 mnded milli]win aesunlly meelve atul mcmd them.%Vc may in nun Ithalt nw Im deemed 10 lave paid you in me muoum orsueb entry. sale discretion refuse Ie necept particular inslntucmls OF dcpodit m•star account,Cush eteposits ou credited to your INMERNATKINAIL ACI I'rRANSAM'FONS.Ify air lnmxac6on originmes liven a nnaneial a{tcIrey that!F account according to ltta Agreyntenl•Other ilens yr m dr past[err handled Fry w according m nun uaaol roSltrllOn omside:of the krrdial in l jurisdielion tit flue vrliwd tim Shaun.id.mrvy bk:aubjcel to addlSidnal ttt•iew for compliancy pmdr.Actual crud far deputies of.vi payable in,turrigrt Furcate wall be a1 the rxelangv tart Its effevt an Anal wiih ehc rates orlhe ferrite or romip Assess CanhcT(OPAQ,tf traditional mvkw it requited,Ills Inlcmnliorrni collection in 11.5,¢olla rs:Irmi,ifem you de"il is Marred unpuld,we wl11 Jelin your accomsl for the item.Yai m ACH tnn"ne[!nn will not ho nvnk labk to you u»dI it russca final vetifiealkgi L. liable,to Its I've flit arnpirnt orally chock you deposil to your nocoual 141 is mwnlod unpm id and oil costs Ind v.+prosu+ N'OTICE OF ItECEI11:►1'e will not provide you v;th nalka drour receipt vflhc order,unless we are so rcldtcd to fW ralleciiail oral["part ortucll ana mat ffum you.Fonds drposilcd fo}ouracsovm.excluding vary Tmtc fequesehl by the lranxkr orlyluamt 41 Ibc order.Itatrc yes,we will teal lnur to nnelfy you drtW rm 1pl of Ocpoeit ac0011515,one available in rcrordancc Willi arc Disclosirn". Iw}mcals in sire r"rtic staMmrnfswe provide to 3t+1t. CO UI EC"FION OF DEPOSIT91)ITEMS:In mcNing imply Cur deposit or collccliot,we as mdv us yuur rival Cl IOICE OF I.AW.Wo may"win rm your Ildialf paynicros to your n"clum wlkich have beta tnmtinlltcd. and much no reppmsibMy beyuld Ilea owmire orordirlaryease.All ittin"m cmdhled subject ea!road seltlenant Iliac air 001 subject Ire did Ekc[rdnic And Transfer A=t,and your rishir and wbligaliaus wfrh s him to zq1eh ill cash or er AM,We shall Irove rile right to Ibnvafd Anus to wo'Cli mukals including all Fmkml Rrservc Tidnla payments shall liv mwrnW in aunrrlarme tvilh and 1 ovenicd by Itto law1 of ihr stnic where%T eft Nemeth. nrW we drab not be iiahlc rot defnuh or neglect ursnid curmliparldcnlx far loss in Itansil iivt'shal!any YOUR RESPONSI0 MrFY FOR RACK OF CITRCk;All mlgmiably paper('cheeks")lircaunicd Inr depwsir coucspoodval be liahle"vdpt far its own negtfgcnrc,You%mcifcn Ily audkorixr w or mar correspondents w ul illty must he in a Iuniial Flint ono be procrased and ar rnav retose as accept anychuk that fines nM mils this Federal Reserve Banks[a hand to such ikms In uecor"oe will Frovi:[aus or Regu lilt ion!(12 CFR kiln 210),Is; requiftolr.nl.All rndvrxrrl;nts on ih;iev,rrsc side aria•:elect[deptsiled info your im coimal must be placed im the mvkscd vrwrrixkd fmni tam to Iimc by d1;Pedcril Reavrrc[loaf.In!lc evrbl we are subivrci 1p kraal Icni stile or like check when dealing a1 i1 Irani Tlrr dour.lntal like endarprmeilti aunt be placed so as not to go bcynnd dlcaringhowc:ni..ks,yolk specirroalty aulhurrrc us to Immidh such it"s In nccuidnner with the ndes matt ngutaiieui+ an area lewalyd I--IN,tenches Irani like Jeri ed or check w'brrt looking a1 It rinnr den fannn-It icy t Mllirrldaringhrnrr. >na ¢ up ecspansibilily ra ensure that 16cyc rcquircnicnts are knch end yvu arc responsible rar any Ins,incurred by us for Ihre prnnit you to wfihdraw Ibnds train you account Wine rivat seltlymmur Tus hecn made for any depgalled item, rim inure of an cildorsvmrne to snecl this rcquilvklledt-We nay accclss for ekposle any item prsyable to you or your and frn al set temcns is tuir madr,wx Imvc Ilia right to vlwrgo your acenuot or obutin n cchuid from y olr.In addition, ordor,even if they Are.tut endorsed by you.Wd nmy surply ally usissing cnalrr Ilmi w(s)AN My hour we ncttpt Ihr Isis may 01m v been any Jvpdsilcd Item at ally door berwo final selflnncnl for whenever rciwa.We sdialI not be dv"T'i ar collection,and yen warrant pull ill endonxeme nla ado gwl uknc. Jim blr for nay daeniol:resuh lng.from Am.om raise arthc le rigins.Estop[;is may be arSnbnivM to our laa orgood FI,h4'rkON1C CI IECKS-Pirrmant fir Regulation CC,electronic chmirg ninny be Heated IhF a.kne OR paper cheeks faidk or rolhurr tp uxeclsc orisbtasy care,wo will not be the hk liar dIshoanr rrrvutriug fmm ally reversal orets:dll,*wink for clink culhxtion and prrive"ing purposes. WF AT sited firms or for usydanh,you with erata any orthamumose prtious- VMP I AVA%NTti:Yam inav atop payment mi n elieed:dnw•n agaiktal ymrr m"aunt sty p 1 and or written onlrt rar STATEA}I;NT3;We will lvurirk}•uu with a puriwlkdtnlumenl oliolving fire account xekvity-The fnsr address you otter con 111 nNekilon in alhiwri 6y us,prm•ided that ir1•ur,6v Ilm Stop paym mi UMcr in a Ilnke and urnnrer 1hm1 supply no in%vetting or by any alhcr arum we make available to you will be deemed lhv prupor addreu An mailing pv w us a refnnnahlc plgsertuntly w NCI at Jr.nv Stop I'lyrmul Order mist describe the ham or ac kkm with ilia sratenelll to}nu.Tim account Iioldcr who rcrc Wren lIrvi suklentenl is the agent for hivhcr ea,aceuunt hahlsn(s) rcaptlnaGlr Certainty.Ifyntr make an oral rrqurn far a slap paynianl Order rvo may also rtltrird you Id put your for pmfppsex oFeueei i'irmg 111C aleleileal and firms You mini cxrss{ac reaapnnbl;;lrc!n rci•kWin{r your alpttarem arrivei It in writinp,twilin lC%try" it Imo e all to ran Youque naarsi!o iiry'ltmg,ltrc slap ppyalenl dear[[hind you on ur for Id mid evaiurwlmle prumpinss in natifylsg us olmty distrcpttwks,such nx sltara[ians or rort,rd or unitnllioriTrd calsndar Joys Inlets it Is canrinncd try you in a record or writing within Ihal period.1Tihr locates or wrillvn Qtekkaeulvrf even Irby tin same ivrungdoar.Reasonable proinptncas w Ill ual exist ityou fall to mot ry us.w•ialin 30 can ftrmmion is no.revrll•eil ni sprcifi H,ivc rrlll ro lung hr bound toy year request.Crnerally,a Slop lkrymeui days after mil mall malhenyi o rl rig fled a ssem rm ll itabk to ics ill be tail to or Iller us crane extent e� Order till a obeck retains in cfreet fen sixly,(60)smukder•tr until we sorrlyc a rerord or writing itwilinp tho Sfop with vrasar761u pmmptnus,your right to assert much bin.:for dis irs odd be barred of R1 afttr the aat0)permitted Pbymont CAdcr,whklrcver occurs rrsl,Your Stop Pn mulls Oxkr will fa by lily.Additionally,ynil ngrcr di pl tvc will not be liable fordiscrc(r'incies icpdncd low alecr sixty(fitly days nArr F 1n ps:u Act sivry(ft0)mmttn tell is not rcnmmil by yimt.1Va ore out obligated to twtilj•You w•hcr r Step Paynivm Cater espirce Iftho item ott which a Stop we mil!arattvrwlsr make tkethe Na IT t,hems awRabk 1d eon,curb a ine failed[o more Els ordirwry Farr. Pawnenl Ondcr Ims kern plpecd has not cleared of been runrned to you by the poycc.you nay mne dire Stop Hdits(cr i£tlrm om wi it ca[S flit rasglt afan eI fyo d Tend mintanist ar.Ihr narnalmna allelic loco you Fund hymcul Order by admmili Ing a deny Slop paymcm Or&rot an oddiliormh elmy(601 mrm i t to niavidioV ten mqum us lA rcr OlnCorre ns wl11 carlydi its resop serki.if yair do aryl[cccrvc l flatcnlcat horn its because you hove supplird Ta Its in a secant or writing within tee time period Ilse Stop Payment()Taut is In effect.A Sop payment Ogler a:au us ivilh an rritorrcet nddmu,riT[flay stop sending your eta temcntx rtntii yotr supply its wish a prpprrnddress. Tifct dcbll Hill ante in ism vaucl milk iI the earlier al'I]your withdrawal aflLc Stop Inaymekmt Order.of 2]like refuel of CI„um OF mss-S:Irvom On tin a cnxlit or mfilm[beckul"ofa Forb•cry,at lerallon,rar ally other unauthorised Itle pebil rmuy,or,wlnvr a Slap raynnenr Order if applied to more Ilan one debit entry under a spccirw nuthoriaasiau wllhdrawaL you dgt w 16 cavperraic w'irh ua In illvwfS,tl(ng Ilia Ics-,;tw I JimA roving us fill affidavit tontainitpFr involving d q=it;c payee(04iginmor)t 111c return atoll s kch debits.�"len a slap[s pba -d an n mull]plc debit catty whatever INWm ition lye rensemably require oln7in your acecunL rlrc:raftmclion.and 11ic cinnrnstmoms mmixiading ra in We ihr[w transits,w•v Truly regain our canfFrmylion in a Freda or writing slaling IhaE you have emnrelal ynnr aulhvrixauon s, will have a rcgydwmble aerial of Iimc w rligalr Fla favinana c:,mausti xis slirrallnpdint oay cioAn for she ulagw1w will;tie payee(a Slap t'aytnvol Order drxs nor revakr nathorlsakianl Ya11 will be charged a fee[ace 01 lass.We w•iIt urn be tinkle far speriol or cnnsegurrriial darimps,ineludire hest pratIs7orapporunkity,or rar Joe wledmle)every date you rm(ucst o Stop Payment Order,dud farc:srh Slap Payment Under renewal yqpu make, ACC AN Fees m E70TR by ydu,nntexs wd Itpve sled in hauubj ra o You unddriiornnl Ilkaf we numy necclu tit Stun Payrncnl Omer mqucal from any ofslrr omwoi ACH AND 1VIRE'1'RANSF1il2S.'Chis Agreement is subject to Article 4A of the Uniform Commercti:d Code- Exhibit 50 to Petition Exhibit 50 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT € E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT and/or muhorized signers of the account regardless of who signed die clack.A release of the Slop PayrnMll r~ - 1 r 4•f SE I"I'L EM ENT Or DEBIT CARD TRANSACTIONS.The settlement of a debit card transaction does not may be made by the person who has the authority to make v:ithdrawals four the account,Our acceptance of n stop always occur at the sanhc time as the authorization,but can occur days later when the merchant presents the payment request does not constitute a representation by us that the item has not already been paid orthat we have transaction to the bank for payment.Tryout no longer have sufficient funds(based on your'ledger balance)to pay had a reasonable opportunity to act on the request. the merchant when the merchant presents the transaction to the bank for pnyment,the debit card transaction will A Stop Payment Order may be placed on ci0wr n one-time bnnSlCr or on n multiple debit entry transfer,hFyou overdraw your account because we hove already approved and authorized the u:msaction and must pay the request a stop payment on a multiple debit entry transfer,we must receive the Stop Pay main Order,nor lly or ill's - mehclant, record or writing,at least three business days before a scheduled multiple debit entry,tribe Stop Payment Order is PROCESSING TRANSACTIONS AND POSTING ORDERS.The order in which we pay items is important requested for ram Electronic Check Conversion or other one-time transfer,we must receive the request,orally or in a because it call alTeci the uumbarof items overdrawn orreturned unpaid and the amount oFthe fees you may have to record or writing,in a period of lime that provides its a reasonable oppouuuily to act on it prior to acting on the debit pay-Sonic posting orders can resell in more overdrafts,and more fees for overdral items and returned items,than entry,otherwise this Stop Payment Order shall he of nu effect. other posting orders.We may in our discretion choose our posting orders,and also change them from time to time, The Stup Payment Order shall be governed by the provisions of the Uniform Commercial Code 4A m eRect in Elie regardless ofwhellier nddilional ices may result. statein which we are located,the Electronic Fund Transfer Act(Regulation E),MAC'HA Operas W Rufus,and any We use aulomated systems to process transactions and then to post transactions to acmmus.We group the different applicable state taw. types of transactions into categories-After the end of the business day,our automated systems assign each %V.have a daily cutoff lime by which we must receive any knowledge,notice,Stop Payment Order,setoff or Icgal transaction received for that day to a category.We generally post all transactions within a category,using the process uffecling our right orduty to pay a check,That cutofFtinte is one hourafter the opening ofyour bronchi s pushing miler or orders that apply to that category,before we post any IranaaellOns assigned to the next category. banking dav,following the banking day on which your branch received(he check. Thus,we generally post credits and debits to your account,and report Ilan on your statement,ill a different order DEATH OR INCOMPETENCY:Neither your death nor a legal adjudication of incompetence revokes our Ihmm the order in which you conduct them or we receive them. authority to accept,pay,or collect items until we know of the Fact of death or of an adjudication of incompetence and We start with the balance in your account at the beginning oflhc busincss day,add ciedils to your balance.and then have a reasonable opportunity to act on it To the extent permitted by law,even widl knowledge,we may for Ian(10) subtract holds and debits from your balance.Sonic,but not all,ofour categories and subcategories are shown below" days Ural,the date of dent[,pay checks drown on or before the dare of death unless ordered to shop payment by a Fo•each debit category shown below,we list sonic common types ordebits that we assign to the category as u person claiming an interest in the account. subcategory.Unless expressly suited otherwise,debits are generally processed from the lowest to highest dollar NON-SUFFICIENT FUNDS AND OVERDRAFTS:Iryour account lacks sufficient funds to pay a check. nmounl within cadh subcategory, pre:athonized transfer or other debit activity presented for payment as determined by the"available balance" •First,we add deposits and other credits to your balance, (defined below)in your account,we may(1)return the itenh,or(2)pay the item at our discretion,lfwc retum the •Second,we subtract front your balance the following types nfdcbits listed os subcategories item without paying it,we may charge you a non-sufficient funds(NSF)tee,An hank may be presented multiple •aumniatic funds transfers; times and we can chmge you a non-safftcienf funds fee each time an item is presented for pnymenE iryour account •one-time transfers made at ATMs,through our tellers,by telephone,through online and mobile banking, lacks sufficient available funds to pay the item,regardless D('the number of limes the item is pr—mOd.1Ve cannot and nutouLdic sweep Iransrcrs; control the number of tithes an itcnh is presented for puyinenL If we do pay time item or your behalf,you will be •widuhatvuls made at the ATM and withdrawals made at our tc11er1ine;and responsible to pay the overdrawn bahuce End,if the"ledger balance"(defined below)of your account when the •checks you wrote thal are coshed at our lellerhine, transaction settles and is paid,is not sufficient to cover the item,you may incur an overdraft fec.Note that while •Third,we subtract from your balance the following type,oFd.bils listed as suhcalcgorics: we use the available balance to determine whether to pay an item,we use the ledger hnhance to dctennine whether •one-tinic and recurring debit card transactions; in impose an overdraft fee,Overdrafts may he covered by our standard over dealt practice that comes with your •online and nta6ila banking check onie bill payuncnls; account.As part of our standard overdraft practice,we do not authorize(and thus do not pay)A'fM or everyday •wire transfers;and debit card items into overdraA unless you request us to do so,Our handling afthese items may subject your •Ices(such;I,monthly maintenance fees,ovehdrali item fees,returned item fees,and ATM fees), account to a fee as disclosed in the Fee Schedule or other Disclosures.To help minimize the risk of incurring •Fourth,we subtract preauthorized or automatic payments that rise your deposit account number(generally overdraR or nousulrcient funds,you may be able to set up an automatic transfer from another account or line of- referred to as automated clear ing house(ACI I)debits)front lowest to highest dollar amount" credit to cover the overdraft We will process checks and other debit ilonis in the order identified in the Pasting •Last,for other checks you whole and bill pay checks,we sublmcl such checks from your balance sequeridaliv Order described bclmv, by check number order, IIOW WE DETERMINVE WIIETIIER TO PAY A TRANSACTION.Rrc use the"available balance"In We receive credits,debits and holds throughoul the day,Regardless of when during Ilse day we receive Imnsnctions dctennine whether there is enough money in you account to pay fora transaction.The available balance may not foryour account,you agree that we may treat then[as if we received all transactions at.(lie sane time at the end of be the saute as the"ledger balance."This means that we may reuu n an item for insufficient funds because the the business day.During the day,are show sonic transactions as pending,which mantis those 1ranaaeb01l5 have not available balance was insufficient to cover the item even irtile ledger balance would have been sufficient to pay been posted yet."rue posting order for these Imnsnelions is determined at the end of the day,with the other file item.The"available balance"subtracts account transactions Thal have been aulhorized,but have not yet settled transactions we receive f'or that day. and been paid,and holds-placed on deposits that have not yet cleared.The"ledge,,balance"only includes sealed SIGNATURES:You authorize us,at any time,to charge you for all checks,stalls or other orders For the payment of transactions(deposits and payments that have posted to your Recount).You may incur an overdraft Fee if the money,that are drawn on us regardless of by whom or by what means(including facsimile signature(s)or non- ledger balance at the time we post the iteuh(generally at the end of the day)is insufficient to cover the item.This manual signalnre(s))your signature may have been aMxetl.We wi11 not be liable to you for refusing to Imnor signed call occur even ifyour aocoont did have a sufficicnt available balance or ledger babmce wbcn the transaction was instruments or inso actions if we believe in good Chith that one or more of the signatures appearing on ilia instnonenl approved and aulhorized, or instructions is not genuine, I4ON'DEBIT CARD TRANSACTIONS AFFECT YOUR AVAILABLE BALANCE.When you use your debit Iryour items are signed using any facsimile sigumure at non-manual form of'signature,you ncknowedge that it is curd,the mcr chant asks the bank to approve the transaction,By approving the n arts-fun,the bark has promised to solely for your benefd and convenience.Tryon use a faesimile signature or a non-mutual farm of-signalure,you pay the merchant for the Iransnetion upon the uherchaties request.When a debit card transaction is approved,we agree that no such signature may be considered a forgery or an unauthorized signature,and that every facsimile reduce the available balnnce ofyou account by the amount of-the authorization request submitted by the merchant, signature or non-manual fort oFsilu acre shall be effective as the signntory's own original,manual signature.You In some cases,such as when you purchase gas,hotel rooms,or nheals at restaurants,the merchant does,at know Ilia acc.pl sot.responsibility for maintaining security over any device affixing the signature as such signature will be amount of the purchase at the time the transaction is authorized,so the authorization amount submitted by(lie effective regardless of whether the person affixing it wus mtlhorized to do so,You must notify us at once iryou merchant may be different than the actual mnounl nrynur purchase.It can lake three days,or possibly longer,for the suspect that your facsimile signature or non-manual form orsignn«hre is being or has been misused-Your use authorization amount charged Io your nvailable balance to be adjusted to the actrml amount ofyour purchase. Exhibit 50 to Petition Exhibit 50 to Petition r 1 E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT ! E-FILED 2023 NOV 29 3:15 PM JO-iNSON-CLERK OF DISTRICT COURT PT ntllivilhxrnnding,wear m#uhtluled In accept or rely any ikma bearing faexiutilrxignalut!ai j I" "" •' advance tmt let is requ ifed by taw.Irnpp hicablr,a bAtce may Ix seal ia.y0u IIMt spMflus when the kmi; u J will be Further,rn sat cheeks,and ailrez items arc processed awnmm itchy,i,e,whtmuL individual revhlue of ench ilcmr. Ouscd.At our dimrasron,eve Ia ve the au churl ly la pay Al mltcrwkc Prorredy pay-nble cheep,n Mch is prusenled altar 'there lure,bates lea agree rn it serraran wrhliuy in uur We discretion,upon your rrgnest rail due In unigok —_ . the visaing of ynnr accuunt.Such a ichin hutitttl will 1101 mh:Asc you from any fees of of hcrp0l igal ions ilwkirej ill auctunslances to conduct individual roeirvv aftach ilrra,you ago cc vhnt we Are aaliug with no common and _ die ierthittatimn.We will and a aback for the balance in our poosessiw,to wbich live Arc entitled.Accounts may be rrasolulhlu baIHag pmeliecs by aortarrintlend ly processing checks,and other items i.u.,without individual revie f.bT 010l<4 ldat It,iusulTklcnl Bards wiltimn additional nalicc to ymr. each vlimk.or item.You agree hV indcmkiry.dereraf,and hold us Ilarmle55 fnxn Jill mgainst all IAss.Coats,damkgr, OUR WAIVER OF RI01M.M. You understand and agree Mont no Iklayor fnilore un our part to excrcoxe any rildu, Iiabifity,and olhcr Lojury(including neamneblc ata"ey fees)that you os we f nay.sid of or incur as remit or dais remedy,power or ra7vl[up nvaihnbk in m Maher this AgrWILcnt shall affect or predude our fame vmmir-or that pl actice. right rcancdy,Ilordw w•privilege, FEF.S,SERVICE CIIA RCES A"UALAISCP R EQ UIR EistENC6:You agree on pay joy and arc respvglxibla ran- YOVR►VA IVER OF NOTICE:ny signing Ill signature cardlAvcouni Infr+nnafiol maul,yam waive any at.l ice of any fees,CA)miles orbalaneddepoail m1uircnlenls as prarldcd in the Discloentrs 11mvW0 to yen at lilt Cook;yi m ran-payukent,dishonor or protest tegardiaU any items c+rditcJ 10 orehaged Aga ivat yell deposiC aveouril.For opened the ocnvuAf Fora,edhnrM and hahmee requirements rally¢lunge Rum thnot In bons.We alto tesarva dw right axartop!r,if it check Ihm you deposited is dishonored anti raw Ford to us,err we not requii cd to nnrifS}rots of the 10 hnpwc a srrvime clurgo For,cashing 0mglit drawn on yaor oceou lit if the parson cash big thu cheek k rmr a dishonor. ulclomrr of this B;mL Wt may Alin mquorc n1momblo wilatiff anion tacasht the riled:and Um,in our dfsrxcliory NOTICE:You me responsi blc for nsii ryhng us ttf any address w tianit changes,dadh of au uccmrnt holder,or uthvr decide pvimt idrol hficuchm is rcasomtble Tryon da611 n check At due Imrtk mxl Ihm rhrck ii rationed unpaid,wv will in rot vial ion af1L•cl ill)uur i egonit.Notices must be in a form stud manner ucacptable to us wish rnouglo in rannalinn deduct Slot:check ant0unl from an ftewint you Arwh 01 our institutims. ro ahlpvv As to is tIIIi ly the uccou hit Yoh-vet Scott V you to ua is elnt affccli vo Until we have received it and have had A SET•Otr"ANJD SECURITY IMP-BST;If you ewes owr us moody as a bmrswer.guise ror or alhcnviee,and reasombIc opponlmity to act upon iI.Writ len nol ice sen:by us to you is cffec ti ve w Iran mailed to the last address it becotaet duS wr have Ilia right under likt law(called'scn-u6')and unJcr tlib Agrcmcat(hy which you gala us a supplied. accanity^terms[in yrow deposit arcpunl and Any otheraecaurut held by you)to use Tuur amcaunl fu,nls Iv lay the YULE lit101YE A.Yn FLFCTRONIC C05111a.UN7CATTOI)i:You agree Chattva may call or semi.text menagas to deb".wi!el pr.mo itted by law.Iryo iracc0uni is hed yontuy,that o,Ioinco,w mare firm one ivuswnt onowr,sec snit at the rekPhosae numbces[hat you provide in us,including a call phone number,whuh may result in aharyq le may offset rinds for the debt ofany[ale of thcJrrim owners sinkihaily w0 may 11I50 id-odl'funts fynm the you,fur inCormalionol J1wI.rtca regarding youraceounl(s)with Its.Huse nhle Ind text TIMSmages may be made maul individual neC4akts.of any ono arihe joint owners to satisfy obligations ar debt,61 tic julnr Amount.The secorhy nn automatic tetopimne dialing systcno(i-c.,an auLudialcr)or from An ariifh:ial Or prcoeenrdgii voice Message symvrn intdmst granted by tali Agnxotctit is consemaud and is in addilion to par right or sal-ofr. Additionally,lion agree that wt ntav send elccbank curlmuuicah ion to von hit die omahl addreises you tr+ovIde 10 us. CL.a.161S:in"Orlse in any&amishall:a caadnivall,tummining order.injunctiott,Iev7•,cialioa to diseower meek You may erMntet us at any Title hryau no longer wont to rictus Make cpmmunirslion+frank his.AMRNU&IENTS jadlmrnl,remlamal lon,0111"Order of arum or other legal process h"Clatm(s)"b wa hive the right to place a hold on, APLD ALTl;iWTIOYSt You opw that ilk terms and c mail king Ip veining your vowu at rally be amended by us remove from youracroum(s)and/or remir to the dcsngnat d thiW-frarly(&a)any ratimut on drposil in your aroount(s) limit linoe m lime Wo"ill ndiify y6rt of arnrndmenls us icquirrJ by applicable low.We will btive you such nodec In lit tact fnnir in and required by such Clnirn(x}.ICIim occoanl(s)if)mrc held jointly,we mar place ire.hold,remove Joel noting 01 by ally sf llrr mctiraf perm Mild by law.Your earlLinuad use Of Ulu steam evidenees your agreement to the neesmu(s)andlor remit Ike amours front tin accounts)arisen$rrom any Cisim(s)relating to arryam or mart or any anfenhncvum.lhdy one ualice will W given in IIn case orjuint account holders.EI1pFCf'1 V F APPLICABLE the acradnl Imldcm In sddiilam,we onny chmrzc hum inslyclur occount(s)cry lira aut orixrd Icy law 1n ewrneeder"with LAWS AND REGULATIONS:Ywo maderaland ill at U 1.1 Agnwnwin is guvchred by Ihr IaM orinwa,tlW.0 t M the the Cisha(s)or x+mhthwisc set forth its the 04,Iosurc% psi cut that fedcml Law is can tool ling.Change?in Ihcaa lt.wr And Mao lefidus may modify the forma and esndiThms ref DORMAN KNACTIW,ACCO L44 TS1 You undunstind shot ify'aor surotnl is dormant 5rr inccr lea,we may your accogod(s).Wr do not hale to notify you or ihcgc CNOV5,U51W requited to du So 6v law,Iraky ofthc roans charge a fee Ili the ex lent pertilitted by die law-lfwc churls a fee,it will be specified in toe Sec Sclisdule.Yott or lhla Agromnoeat ante inn gtlnfikE with 1110 Algdirahle haw and pre dew hared In be it+valid or knrarorcaW those agree that we are relieved of ail itelfonsibilily If your meeount balance is anchmacd(that is,lknrod one Ill the stale) temtn.whll he nullified W the exicnt that they we incoirsistcnt with UK law mid line applht:,hle Isw will tyowm. in oeemdunce will mate Is*,Tryout a",wat ha burn at a49 halted for hit Iran[120 consrcurive days.we mmy Ilnwcrvt.Ihii 0a11 not aRaer the validikv of ilkr Lrmaini.ig prevNinds, clays ywlr aewunt without furtrcr nil ice to you. DIRFC"F DEPOSITS:if 1'or mqv reason wo are Feltu iml In reimburse the federal gavmnmcnt for all or any parl a1,a ATTORNEYS'FERS AND ETPENS CS:YOU agree to be Itable to"far any loss,cosls or eapdruea.inc finding bone lit ykoytmcut Chat one IIired ly depoelled into your account,you mntthrife his to dadttu Ilm mnnhit of the reasonable artumcys'fees su Ult exleat rmrmilled by law.lint ire incur A a mull.ornny dispute involving your ream ilrownoal Crum ynrr acemont or from any tidier recount)tm have will,us,A any tune kind will t oil t prior notice to mceonml,and you authoria4 us to deduct any quell less,cusps crGtillane tinm your accoum whlltautprior untied t0 pro.11"Im fauhhbhed by law.We may also low any other lagrl le ollidy IQ corer the amount arih0 yin Tlih obligation inctudcs draputes between yuarsclrmld us iiwohv Ing ire account mud siumtnug mum we t+cl:line mimhurwincrit involved tin As(nnes between you mind an all theorized gigrwr,another joins owner,or a third party cis Ming an intcu*l ADDITIONAL DOCU lot VNTS TO OPEN ACCOUNT-.You agree to supply uv wail n cupv of any chartering in tilt r>ccr unl-II Alga TFlcludts siuvil ds where you,an airdhnnxad shgocr.arrnthcrioinl ov otar,or a Ill ird party iW rs din a rm.Operating Agarcnrca 1,or related do[nmcnls requca M by rill, petits+will'respect 10 lilt account Ibm¢toll us,in good faille,to sceyt the advice of canned,wheshi ror sot we USA PATR1(yr ACT—zsvoRTA NT IriFORm ATTON ABOUT PR0C Ll)UR£,S Pon OPEN LNG A r►'C W aerttalty becouke rnvohcd in a dispute. ACCOUN P.•Ira halp the goreninirm fold the funding rf termri m chid money Iamndnhng melivities,(World Inv LEGAL PROCESS AGAINST ACCOU-IT;You agree in be rcsponsthhe Nor.to reimtnrrsc his,mndhu Ivim:xour requhe5 at Dmnciel loll iluti0ns to nbtnin,vocify,and rrtamd information lbat Will illvs each Person who opens an scrumnL ehnfged Fee any expdoscs or rnaennblc aotorncy foes we incur Jmr 11,An mmchmera.umilWo oenl.Iavy w ad"unt.IVtom 1111S means fur ymr Whon you upon a awrouoll•we will ask roe yekrr natnn,addr om,date arbtdh,and xubpoenm❑F records ory"ur accotvt.Any garnishinrnl of other levy tgaiaal your aeeamt is stlbkrk to uur rW,l of any ndwr informmlian Ihut will al Ioiv us Id identify you.We may ais;oak to aea your drivciys livesrso And shier WI-Offnnd sceutity ialercsl.Wo may tessrki.file use of your ocrorrnt if it is involml.in any legal pmcredinF,whuli itknlifying dvcumenls. nuty include I)m4%the dhads In UK accouat and pmhih ping any pay ilmods fauns d10 account unlit we rcecivt a ONLINE OR 71OB ILK SCR VECFS:I(you mlwti an a�xtlit or obutin a faoduct air orrice from his aging our unhinc (old courtgktuwuioukiov regarding the icpal Italian.We rally ink,these slaps twit if tie legal Acthun hrvolvs's iris or nkohihe Services,we nay record yotrc Rersnilal infdrmatino from It scan oars colfyafymrrdriscr'S Ileenw wailirr than ail of the account swears, ptvsonnl idrnti&cal ion rand,of iivc tiny rsceity an imapr or make it copy ofyour drlvot's diccoae or viler prr.onal RESOLVING ACCOUNT n15NUTES:kVc cony place an aden In isuarive hold on like funds in)xmr aceaunt identi rxalion cord.We may store or plain this infurnalion ua llw txtmin permitted by law, (which means we may reface payment or withdrawal of Ibr fnndd)iryour mockont beromvs subject to a elmint RFAIOTE LV CREATED CTL ECHS.A+cmamly created ebrclti as dctnnd in Regatta inn L�,means a elisxk that advc,km to(1)ymk;(2)1hosr claiming on increm as a arri•iuvu'or hcnoriahnry or mile accalmt;or(3)a Naim ig not created by oho lenydng honk mad that dies sot hcara sil)nuttr a applied,or purywstrd to be applied_by the arising by operttian ar!aw-►w w ill place a h*W until we rerctve auideacc thol are dean satl r(eatery to onnf toI Per von no whltsr aeWhml Ibo Check 1s drawn•fly t+avirS a dcl,,.k rani watt uf.you cenify char All rnngxchy float tto dispmo'A M-ohVAL Wd is'III Flat be liable rot nay itons that me dishonnred as a resull of us.pineing n bold ere.rtt d elb ks deposited to your account(s)will be cxp=Ty Find wrihiably anthsriaed by lice paylle-AF d we on funds in your acemmt• rcocrve the rights do refasr far dopind any such rcnnelelyerared clack if we have any reason to believe that LIM CLOSING ACCO LINT:We may close the nceount at nay rime,with or without enuse,alki'scnd ing rou nolice if iLVII if haordkhcat in arq•rummer.1 rut In oblahr,mein nut,tale pasha aspros,verifiable autivri=ical for shy such Exhibit 50 to Petition Exhibit 50 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT �• E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT item, which we arc open to the public for carrying on subslatdially all of our banking fi nct ions.Ifyou m lke a deposit PAYMENT OF INTEREST:If you have an interest bearing account,interest will be calculated and paid in - ,_,- lyefa'e die branch closing,time which may be as catty as 4:00 P.M,on a Business Day that we are open,we will accordance with the Disclosures provided to you ut the time you opened the account. consider that day to be the day of your deposit.However,if you make a deposit after branch closing time which REGULATION D-TRANSACTION LIM ITATIONS:Federal regulation restricts the numberof transfers or nay he as early as 4:00 PM or on a do),that we are not open,we will consider the deposit made on ltc next withdrawnls you call make on a savings or money market account and requites compliance with these restrictions, _ Badness Day we ae open. you understand that we will not allow more transfers or wilhdmwals than[he maximum number specified in the AVAII,.AlILITY SCHEDULE Disclosures,Certain transfers or withdrawals will count towards the transaction limitntia ns, Our polity is to make funds from your cash and check deposits available to you on the first Business Day alter the TRANSFERS OR WITHDRAWALS SU13JECT TO TRANSACTION LIMITATIONS:This transaction day we receive your deposit.Electronic direct deposits will be available on the day we receive the deposit.Once[he limitation includes transfers or w•ilhdratals made to a third party if made by:phone,fax,computer,check,debit finds arc available,you can withdraw them in cash and we will use Were to paychecks that you have written. card,ACH,bill pavntenls,or nulontatic transfets-, LONGER DELU'SM-AY APPLY The mnsnclion limitation also includes transfers or withdrawals made to nnolhcr account that you have frith Its In some cases,we will not make all of the funds that you deposit by check available to you according to the if made by:phone;fax;computer;debit card;ACH;bill payments;or automatic Transfers,including transfers for previously stated mailability schedule.Depending on the type of eheek that you deposit,fiords may not be available overdrafl ptoteclion purposes. umil the second Business Day alter the day ofyour deposit.The first$225.00 ofyour deposits,however,may be TRANSFERS OR WITHDRAWALS NOT SUBJECT TO TRANSACTION LI!111TATFONS:There is no available on the first Business Day after the day of deposit, limit on the number of transfers or withdrawals between the accounts you have with its if nude by:mail, if we art:not going to make all of the finds from your deposit available In you according,to the In evions[y,stated messenger,ATM,in person,arto repay a loan Wart you have with its. availability schedule,we will notify you al the lime you make your deposit.We will also tell you when the funds If Were restrictions am violated,we may be required to close your account,lake aw•ayyom•ability to transfer will be available.if yam deposit is not made directly to one ot'ourentployees,or irtwe decide to take this action funds,or convert the account to a checking or otltertransactlon account, atleryuu have left(lie premises,we will mail you the notice by the day alter we receive your deposit.Ifyou will UNLAWFUL INTEREST GAMBLING:Restricted transactions are prohibited front being processed through need flit,Funds Bona a deposit right away,you should ask us when the funds will be available.Funds you deposit by check may'be delayed for a longer period under the fallowing circumstances: your account with its as required by the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG. •fl'we believe it cheek you deposit will not be paid. A restricted transaction is a transaction or tmnsmidlil involving any credit,hinds,instrument,or proceeds in •I[*you deposit checks foaling more than t be pa oil any one da}•. connection with the participation ofanother person in unlaeful Internet gambling,You will notify its il•your •It}you depositredelpo it a check[lint has been tcturncd unpaid. business practices regarding Internet gambling change in the future' •If you have ovcrdmtec [lint has been repeatedly in the Ins[six months.or CHECKING ACCOUNT WITH SLID ACCOUNTS:Checking acenunls consist of a checking sub account mid a •Iran emergenev condition nrises that would not enable us to make flu:funds available to you,such as the savings still account,The Bank may periodically transfer funds between these Iwo.alb accounts.On a sixth Iransl'er failure ofemnpmer or communications equipment. during a calendar month,any funds in the savings sub account will be transferred back to the checking sub uecotmt.If your account is a plan on which interest is paid,your interest calculation will remain the same.Otherwise,the savings We will notify you if we delay your ability to withdraw Funds for any of these reasons,and we will tell you when sub account will be non-imerest bearing.Tltc savings sub aceuuu[will be governed by the roles governing other the funds will be availablc.They will generally be available no later than the sevendt Business Day alter the day of savings accounts-This process will not n6ect your available balance,the interest you may earn,FDIC insurance vour deposit.If you will need the funds from a deposit right away,you should ask its when the funds will be proleclion,or your monthly statement.This does not apply to savings or insured utoncy market accounts,CREDIT available. VERIFICATION:You agree that wr may verify credit and employment history by any necessary means.including SPECIAL RULES FOR NEW ACCOUNTS prep:tmtion of a coedit report by a credit reporting agency, If you am a new customer,We following special rules+rill apply during the first 30 days your account is open: Funds from electronic direct deposits to your account will be available on the day we ieceive We deposit-Funds NOTICE OF POTENTIAL DISCLOSURE OF NEGATIVE INFORAIATION TO CONSU51EIZ from deposits of ensh,wire transfers.and the first 35,525 ofn day's total deposits of cashiers,certified,teller's, REPORTING AGENCIES travelers.and Ib(ictal,stale and local government checks will be available on the first business day after the day or This notice is being furnished pursuant to the Fair Credit Reponing Act It U.S.C.1681)as amended by the Fair your deposit if the deposit uteets certain conditions.For example,the checks must be payable to you(and you may and Accurate Credit Transactions Act of3003(FACT Act). have to use a special deposit slip).The excess over$5,523 will be available on the ninth Business Dayal the day NOTICE:We may report information about your account to credit burenus.Late payments,missed payments,or ofyour deposit.If yourdeposh orWese checks(other lion a US.Treasury check)is not made in person to one or other delhulls on your account may be repected in your credit report, our employees,the first 55,525 trill not be available until the second Business Day after the day ol'your deposit, OTHER CHECK DEPOSITS YOUR ABILITY TO WITHDRAW FUNDS—REGII LATION Cg Funds hem all other check deposits will be available on the eleventh Business Day afier the day of deposil- DEPOSITS AT AUTOMATED TELLER MACHINES Our general policy is to allow you to withdraw funds deposited in a transaction account on the first Business Day Ifyou make a deposit at an aulnmalcd teller machine(ATM)that is owned and operated by its before 6:00 P,M.on it after the day of deposit.Funds from electronic direct deposits will be available on file day we receive the deposit.In Business Day[lint we are open,we will consider the deposit made that day.I lowever,ifyou make a deposit at an some cases,we may delay your ability to withdraw funds beyond the first Business Day alter the day ordeposit.Our ATM that is owned and operated by us after 6:00 P.M or on a day that we are not open,we will consider the deposit complete policy is summarized below.Generally,transaction accounts ate accouols which would pcnniL:n made on the next Business Day we are open, unlimited number ofpayntents by check to third persons,and also an unlimited number ofte[ephonic and ADDITIONAL ATM INFOICNIATION preautheraed transfers to third persons or other accounts you may have with us. Deposits at ATM's[lint we do not own or operate follow lie same cutoff times as above. DETERMINING THE AVAILABILITY OF YOUR DEPOSIT ADDITIONAL DEPOSIT INFORMATION The length of the delay varies depending on the type of deposit and is explained below,%\'[tell we delay yonr Ability to Funds from any deposits(cash or checks)made at ATMs%hill we do not otvn or operate may not be available until withdraw funds front a deposit,you may not withdraw the funds in cash,and the will not pay checks you have wrinen the fourth Business Day after the day ofyour deposit,This rule does not apply at ATMs that We ow'n or operate.All on your accautu by using these funds,Even after we lime made funds available to you and you have withdrawn the ATMs that we worn or openee are identified as our machines.A listing orour ATM's is provided at funds,you arc still t.sp.re ibl.fin—l—I;s you deposit that arc Married to us unpaid and f rany admr problems wtvw.hillsbank-cnm- involving your deposit.When we delay your ability to withdraw funds,the length of the delay is counted in Business If we accept for deposit a check that is drawn on another bank,we may make finds from the deposit available for Days from the day ofyour deposit.The term"Business Day"nicans any day other than a Saturday,Sunday,or withdrawal innuediotely bill delay your availability to withdraw a con—ponding amount of'funds that you have on federally dec[nred legal holiday,and the tern"Banking Day"means that part orally Business Day on Exhibit 50 to Petition Exhibit 50 to Petition • + I t E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT , E-FILED 2023 NOV 29 3:15 PM CLERK OF DISTRICT COURT dcpos it In xlrothrr account whit its.The fuels itt ilia other accmmt wvovW then Flat be available for svillldrasval until Of Sale"transactions and will cause your"designated account'to be debited for the amount of the purchase. ibetnneperiods that Are dcscrihedclsrw}ttrsin this dlsciosurefsirlhc type orchot; huty"detim qj ed. - The following cards and the corresponding designated account(s)may 6c used for Point afSalctransactions- fhe Funds Availability Policy dt;mrilited in thisdiselosure does rtol apply W cheek deps+silud In yolw acwuol that •Debit Card:designated primary checking,NOW,cr money market account. an:i1mmi an liana Cal lastilluions located outside des United Stales.Checks deposited to your allauut that are .ATM Card:designated primary checking,NOW,cr money market account. dnmm on financial iustilu tiwty located outside ilia Urmiltd States may he subject to catcudW indd rilau, Your ATM and Debit cards map also be used to obtain cash 8v111 your designated accounl(s)at participating financial institutions when so authorized under the terms ofyour Account A)mermenl. .F.C'MONIC FUN AtS Eli nisC s sim is ro F 1IF..''T—f r"P,..kTf ]ti Y. Cunoncy Conversions-Visr&.Winn"I use year tod m t INC V601D logo at IN merchant limit nelliea in rvrmncy Tim Mccironic Fund Crggsfor rift soul Rcgolatioa r requite titsdrakas In provide certain informalitm toctistomerx other Ilia;IDS(Dollars,the charge will be conwrled into+he US dot lnr amount,llme eurrcnoy conl'arsion rare ttsetd to rcording thmuvaic Fund Iransros(EPTS).'Ilm(s diwlowry applies to son 13FT service you rcceiva from trs mlaied to 461"trlt imme the Irorts+tCtinn tur Toni in US dnflors is a n(e:cketW by V l&aW(son n mnt;;:tti macs anitable in mhalmik vicmency markets fbr the appticabde cchtral lkiea asking date,which rate may vary lane like rue visaala ilwif no a[cunt cslahlielkd prime my for perzon al.family or lino rlwld plrcposec.Examples ol'F,FT aervirars inclndr dirm receive f,l r the prwenttneni—mandated sole In efiert tX the applieal+Tc Conn al praecssma date,in each insist net. deposits W your aeceunl.mmnutamfc regodar paymetlls mirk from)1W account In a thl rd,tarty and ore licit¢wleelmumic plus or mints any at(lusinivm docnn loped by the Miter.The snuvcrAm nit tut ctfco on the processing ditto may Poymmts from your acevum using lnformarion from your uktck to luny for porchosee or to pay NIls This disclosure difrcr Crain ilia rate in aftmi.an ilia trawmt!Llesk dale or the posting data, also applies to the use of)mttrAT54 Curd{I(ctehultcr re(erted to collectively M*ATNI Card')or fhhil Cqnl (kereinalter rcremad to eolleci ively as"D ffl earl•)al mulmoo J letter Itiaolminvs(ATMO gild any itemwrks •important Additional Pcc Notice:Vis'OD chargesan international Service Assessment Fee on all dvie rtbed lichm. international transactions.Therefore,you will be charged 1%of the dollar amount of the transaction for each 111a rollowiils Proviauns govern Ilia use of EFr ser+ices Ihrwtg)i aceoaan held by Hills Bank sold Trust LWhpany international transaction completed with your Vicep urn(when the country of the merchant or machine is which are ptabli luA primgTily for lieratmal,tiurily or household purposes,II you use any EFT services provided, difleren(than your country as cardholder.YoureWWryr+x card holder,stated above,refers to the United States, you agree to he bound by t e nPp}i nblu henna and eattdilionc listed below.Plague rest INN doennient carefully and Therefore,you will 6c charged l%of the dollar amount of the lransnclion far each intcrna[ionnl transaction rt t for furore reltmaec,(Business days me Monday through Frfday axoludiug F•dcral I folidnys. (non-pin)completed with your Vis.i9i card when the country of the metclmnt is outside of die United Slates. BmiiiiNs Joys am Monday ihmigh Friday otKtuding Fcdcraf Ilnlidays Services Provided Through Use of Push Button Banker:You may perform(he following functions through Push Elociran(e Pond Trmader Scry[mprasidrd Button Banker: ATM Card Sen ices.The services available through use ofyour ATM card arc described below. •You nay initiate ailm rm.mf!mods Iwiweeti your checking and sayings necounts,checking and money market •You may wiWdrmv cash front your checking account(s),savings accounl(s),moray market nccounl(s)and accounts,checking stood NOW aernunss,savings andmuncy market accounts,savings and NOW accounts,and NOW account(s). NOW accounts and mousy atimpkel nceounis. •You may.,Like deposits into your checking accotmt(s),savings accounl(s),ntouey market necounl(s)and •You may make balance inquires on your checking-iccuunl(s),savings accaunl(s),money market accounl(s), NOW account(s). NOW account(s),and NOW accounts,loan accounts and certificate ofdeposiL(CDs)and IRAs. •You may transfer Irmds bctwwn your checking and savings accounts,checking and stoney market accounts. Premrtliorized Transfer Services checking and NOW acwkints,savings and money market accounts,savings and NOW accounts,and NOW •You may arrange for the preaulhorized automatic deposit errands to your checking accouni(s),savings accountsond rnortay m akm a"mints, account(s),money market accoma(s).and NON'a.eWm(5). •You may atoW balance inquires on your checking account(s),savings account(s),money market account(s). •You any arrargc for the preaulhorized automatic payments or outer transfers front your checking accoum(s), mid NOW iccoi mt(s). savings account(s),mousy market accounl(s),and NOW accounl(s). Debit Card Services.The services available through use ofyour debit card are described below. 3etTle6s Prlrvlded Though UM of fiit(s[Link Online:}fills Bank anti Trum Coutpany offus its customers use of •You may withdraw rash from your checking account(s),savings account(s),moucyniarket account(s)and pm Hills Bank Online service.You nwyaecoss yvut aeearinl(s)by computer,tablet,wel:-embied mobile phone,or NOW aacaunt(s). A kw AtrdroidA lienf tea'ion ('P pp mtrg a[lstY 10 and P1iVlc: •You may make deposits into your checking aeeaunl(5),savings account(s).money market neeoum(s)and •Transfer funds fiton checking to checking or savinu or Goals recount NOW account(s), •Transfer funds treat savings to checking or savingsor Goals account •You MAY twitsfcr Rinds Wlw+een yoin•checking and savings accounts,checking mid money market accounts, •Transfet funds front a line of credit loan account to checking or savings or Goals aceoum checking and NOW oeeotmtt mving6 and money market accounts.savings and NOW accounts,and NOW •:bloke payments front checking or savings or Goals account to loan accounts or credit cards with its accounts end moray rnark a gutrunm •Make payments from checking In third parties using online bill pay •you may rnkr bnlonce inquires on your checking accounl(s),savings necounl(s),money market Liccount(s), •Set up❑cconnms o vrtod by you at odwr Wtiiurlonx tat•external transfers(subject to hank approval) and NOW tweeunt(s). .Make mobile remote deposits afeheoks uring the Apple or Android Application(available for download of no •You may,use your card at any merchant that accepts VisaV debit cards Ivor the purchase of goods tad services charge in the Apple App Slam or Google Play Slixe) ATAI Services.The services available through use ofyour debit card are dese,ibed below. •Gel into,ma(ion about the account balance and history of checking,savings,or loan accounts. •Nehvarlr:Your abddisp to perform ilia autuaettuair or+I,`uhns the accounts set fotih aMvc depceds an toe Although Hills Bank murhilo Nanking is free,you may be charged access fees depending on youi mobile service lueal kin sold"or ATNI+,t+arc using mid tha ricptvrk through which the aim nsncfron is brine Pam fonntd.A pin it.Check with your mobile mrv.ice Provider for details m specific fees and charges. spoei tie NMI or network atop not perfnne or permit pill or the alxiva Innrua lions,Yuu may nccuss ymrr ATAI •Electronic Check Conversion:You cony authorize c merchant or other payee to make a one-time electronic Card or I W Cald through the following hcttvurks:5I1AZAM,Mousy Pau.Plum poyment from your checking account using informal on from your check to pay for puvohnscs or to pay bills. •ATM Feca;Wfivii you use an A1'6l riot owned hp ux.you mtsy be 10turged a lea by rho AT41 operatoror any ClwOlts converted to an electronic funds hnusfer ma)be retained by you,the mcichnnt or other payee,or the network used,our you may be charged a roc far a lualon"inquiry even;r)-.iu tin not Cokuplem a Rods transfer. brink Point 405ale T nusaetIow.Lhaed below arc the cards you any aye to owuhave gtirrds and in-Am run.,merchants •rleelronic Returned Check Charge:You may amliu-ize a merchant orother payee to initiate au electronic that lure amuugel to aeeopt your cards at a manna u fpeymem(d Mse metehnnu era rerer dto as"$rani< ntiag finds mtinsfcrto Collect a charge in the event that a check is returned for nanznfficioni hinds, hlcrcdmms`)-sotllu Pwilcipating Mcreluunts may permit you 10 Fcceive cush track ns lain or your purchase.Pill chases Limitations an Tr usactions made wills vrlarcardf.including any purchnse where you rsrerine cldt,the reflm-d Wu Paittt Transaction Liutit:dions—ATM Card Exhibit 50 to Petition Exhibit 50 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT f E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT •Cash Withdrawal Limitations:You may withdraw up to$300,00 through use ofATMs in any one day.There canceled at any time without gi Ving you prior notice,You agree not to usv your ATM Card or Debit Card far s is a daily limit for all ATM withdrawal transactions.For security reasons,specilk&lulu limits one,disclosed at — transaclion(hat would cause your account balance to go below zero,or to access an aceonnt that is no longer (lie line the ATM Card is issued.Hills Bark and Trust Company resolves llte right to chance dollar amount limits available or lacks suffieienl funds to complete the transaction.including any available title of credit.We will not be at any time npon prior notification, - tequired to complete:my such transaction.but if we do,we may,at our sale discretion,charge or credit Lite •Point of Sale Limitations:You may bun up to$2,500.00 worth ofgonds or services in any one day Through r transaction to another account;yet agree to pay us the amount of Lite improper withdrawal or transfor upon request, use of oar Point of Sale Service. Your A I M Card may only be used with your PIN.Certain transactions invok ing your Debit Card require use of •Other Withdrawal Limitations:Cash withdrawal and point of sale daily limitations-described previously are your PIN,Your P[N is used to identify you as the authorized user.Because the PIN is used for identification def Lull limits.Ifdiflerent limits are assigned to yeurcard you will be notified whcn Ile card is issued,or when purposes,you agree to notify Hills Bank and Trust Company immediately if your ATM Card or Debit Card is lost the limit change occurs.Tllere is a daily limit for all Cash Withdrawals and Point ofS:de Iransnclions, or if Lite secrecy of your PIN is compromised.You also agree not to reveal your'PIN to any person not authorized Limitations may apply based on account type as described in the disclosures for(hose accounts- by you to use yaw ATM Card or Debit Card or to write your PIN on your ATM Card or Debit Card or on any other Transaction Limitations—Debit Card ilom kept with your ATM Curd or Debit Card.We have the right to refuse a transaction on your necount when your ATM Card or,Debit Card or PIN has been reported lost or stolen or when we reasonably believe there is unusual •Cash�Virhdrawnl Limitations:You may wilhdunv up In$310-00 Iluough use of e191Ms in;my one day.Them is netiv ity oil your account. a daily limit for all ATM withdrowal transactions.For security reasons,specific dollar limits are disclosed at[he The security ofyour account depends upon your maintaining possession ofyour ATM Card or Debit Card and the time[he debt[cud is issued.Hills Bank and Trust Company reserves die right to change dollar amount limits at secrecy ofyour PIN,You may change your PIN ifyou feel that the security of your PIN ins been compromised. any time upon prior notification. You may chanee your PIN at an ATM or via the telephone. •Point of Sale Limitations:You may buy up to 52,500.00 ram lit ofgonds or services in air),one day through useof' Rights Regarding Premrtlrurized'1'rmrslcrs: e O Point of Sale Service, .Rights and Procedures,to Stop Payments:If you have instmcled its to make regular prenuthorized transfers Other r Withdrawal Limitations:Cash withdrawal and pain ofsale doily limitations described previously arc out ofymura.wunt,you may stop any or[lie payments,To stop a payment,call us at I-Boll-HILLSBK or wrile default limits.B'different limits are assigned to your curd yet will be notified when the card is issued,or when to its at 131[-:.Main Street,PO Box I60,Hills,IA 52235,Please refer to the Fee,Schedule for slop payment the limit change occurs.There is a daily limit for all Cosh Wilhdrawals and Point of Sale transaclions- charges, LimiW(ions may apply based on account type as described in the disclosures for those accounts. We must receive your call or written request at least three(3)business days prior to the scheduled payment.If Tran.saelimr Limitations—Coals Account:Trausfir Limits:Transfers must be at least 51.00.Transfers Iron Goats you call,please have the fallowing information read,,:von•uccomn number,the dato lite transfer is to take accounts must go to accounts to which)'rat have online deposit rights.External transfers from Gools accounts Ire not place,to whom the transfer is being made and the amount ofthe scheduled Iransfor.Ifyou call,we may require permitted, you to put your request in writing and deliver it to us within fool teen(14)days after you call. other Linriialions: •Notice of Varying Amounts:If you have arranged fertnnonI periodic payments to be deducted from your •The terms ofyour accounts)cony limit the number of withdrawals you cony make each month.Restrictions checking orsavings account and these payments vary in anuunl,you will be notfied by the person or company disclosed at the time you open your account(s),or sent to you subsequently will also npply to your electronic you are going to pay ten days prior to the payment date of the amount to be deducted. widrdmwal and electronic payments unless specified otherwise. .Our Liability For Irailure'ro stop Prenulhorized Transfer Payments:if you order us to slop one of the •We reserve the right to impose limitations for security purposes at any time_ payments and have provided us Witt the information we need at least three(3)business days prior to the Limils on Transfers Front Certain Accounts:Federal regulations limits the number ofchecks,telephone transfers, scheduled transfer,and we do not slop the transfer,we will be liable fix your losses or damages. online transfers,and preauthorized electronic transfers to an account yet have with us and to third parties(including )'mar Respuu sibilily To Notify Us Of t.uss or•Theft:Ifyou believe your ATM Card or Debit Cad or PIN or Point of Sale tl'ausaclions)from phoney market and savings type accounts.)'on art-limited to six(6)such transactions Internet banking access code has been lost or stolen,call us at 1-800-HILLSBK(Customer Contact Center: From each money market and!or savings type aceoun((s)you have each month for purposes of making a payment to a Monday-Fr iday 7:00 am 1t 5:00 pm,Saftuday 8:00 am to 12:00 pill Central Time;After Hours Call Center: third poi l-v or by use Ora telephone or computer. Monday-Far iday 5:00 pm(o 1 1:00 pm.Saturday 12:00 pm—5:00 pill,Sunday 9:00 um to 5:00 pill Central Time)or Notice of Riehls and ResurniAbilitics write to I tills Bonk and Trust Company,PO Box 160,Flit Is,IA 52235. 'File use of any electronic fund transfer services described in this document creates certain riglds mud responsibilities In lieu of writing,you may also send Customer Service a secure message via online banking,or use Lite Contact Us regarding these services as described below. Link on vwW.hiII,bank.r.ni.WE ENCOURAGE YOU TO CALL,AS TI ITS IS TILE MOST TIMELY WAY TO Right to Receive Documental ion or Ymt r Transfers: PROVIDE NOTIFICATION. -Transaction Receipts:Depending on the location an ATM,)roil may not be given the option to receive a To Repnrl a Lost or Stolen A•rIVTlDebit Card After Bank Hours:rs:Toll free:1-833-773-8204 You should also call receipt if your transaction is$I5,00 or less.Upon completing a transaction ot•nmre Ilan S 15,00,you will the number or write to the address listed above il'you believe a Irausl'a•has been made using the infuriation front receive a printed receipt documenting the transaction(unless you dtoosc not In get a paper receipt).These ymurchcck without your permission. receipts(or the transaction number given lit place ofthe paper receipt)should be retained to verify that a Consumer Liability:'fell its AT ONCE if you believe,your ATM Card or Debit Card or PIN or interact banking tromme(ion was performed.A receipt will be provided for any transaction of more than$I5.00 made Willi yom- access code Las been host or stolen or ifyou believe Thal nil electronic fund transfer bns been made without your ATM Card or Debit Card at a Participating Merchant,If the(rnrlSoet011 is$15.00 orless-the PanicipMimg permission usin_information front your check.Telephoning is the best way of keeping your possible losses down. Mftehmht is not required to provide a receipt. You could lose all the money ill your account(plus your alnximum overdraft line of eredil,is appficoble)..Ifyou tell •Periodic Statements:If your account is subject to receiving a monthly statement,all Err transactions will be us within Iwo(2)business days after,you learn of-the lass ortheft ofyour ATM Card or Debit Card or PTN you can heporled on it If your account is subject to receiving a statement less frequently that monthly,then you will lose no more Ilan fifty dollars($50)if someone used your ATh1 Card or Debit Card or P rN widrout your permission. continue to receive your statement on that cycle,unless there are EFT transactions,in which case you will I f you do not tell us withal two(2)business days oficr you learn ofihe loss or filet.of your ATM Card or Debit Card receive a monthly statement.In any case you will receive a statement at lens(quarterly. or PIN and we can prove rave could have stopped someone front using your ATM Card or Debit Cad or PIN willmul •Prenulhorized Deposits:If you have arranged to have direct deposit made(o your account at least once ever} your permission if you had given its notice,you can lose as much as five hundred dollars(S500),Also,if your 60 days From(he same person or company,you eon call us at 1-800-HILLSBK to find out whether or not the alitemenl shows transfers you did not make,including those made by card,code oro(her means,tell its at once,Ifyou deposit].,as been mode. do not tell us willuin sis[y(60)days alter-the statement was transmitted to von,you may not receive back any money Using Your Card and Persounl Identification Number("PIN"):in order to assist its in nminlaining time s—Iriry you lost after the sixty(60)days,and therefore,you may not get back any money in your account(including your of your account and the terminals,the ATM Card or Debit Card remains our property and may be revoked or maxinmm overdraft line of credit,ifappllcable),ifwe can prove Thal we could have stopped Exhibit 50 to Petition Exhibit 50 to Petition E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COURT •If wr have terminated emir Agreement wills you. •When your ATM Cares par Debit Card has been repi-ted lost or stolen or we have reason to believe that t ? samethiug is thing wit11:t transaction. •lfwe receive Inaccurate or incomplete information needed to corttlllcten transaction, somo7tte kom htkin.g11id Money Illul yxlu gi%4ett up nalice in time.ifa gorxl rewn(such Lis n Inug gip or h¢snitnl .In the case or preauthorind transfers,we will not be liable where U[cre is a breakdown of the system which slay']keeps you front;wing rlv twice,we will extend Ric lime pvriri ds. would normal;y handle the ifansfir. C'mia nincr lAilbllity For Utmmheriwil Tr'Ansuetiwrs Involving Debit Card:11re limitallimsbn flour hahifly I'or •1 rthe fiords ill the account are subject to legal acticn preventing a transfer to or rrom your account. wauthorixed iminulcbonsdescribrd above govern llynpply10a]I dcatlmnie fund trontllin Ihnwc,,w"11iBerrm •If the electronic terminal does not have enough cuslito complete the transaction. limilat ivns npplc I0=will Transactions invol v[ag your curd wish lho Visat97 toga.-fltcxc timils apply to tuwm Itosized fnnsacue s proemed on the Visailliryr Plus Nc=xruk, There may be other exceptions provided by applicable Irw. I{'you notify its above an rmoudmrirad SmraureTion involving your cord with the Irita70 lags and she waaudlvrt2vrl Charges ror Trnnsfers or the Right to Mahe Trattaereta:Fee Schcehdo-.Tk Feu Schedule referred to be 1Dw•is transaction took placcandin Vim0or Phis N'otwork,zero liability will be rmposed wr you inrthvnnanlhtxited being provided separately and is incorporated into[tits dwuntent by reference.Additional copies ofdic schedule transaction.We may incmace the Mail afyeur liability for elKh uta dhorhoed transactions to the¢morrusdescribed any be abinhied from Hills flank and Trust Company upoll request.Please refer to the Fee Schedule forsrop elrrdtx"Coasutnct Lisibil;ty"¢bore it we rcasanabiu do[ennblr,limd an substamial rvirlrnce,rhatyoal tv'ere nogtigrrrt poy inenl clsarges, ur thiudttkris in the Imndtiasg ofymr aecuimt or your cvd Will the VisaW Imp.yen waste prove to have pan ici;,n xl Discl lists ru of Accent it Ile formation:You agree that mcrciinnt authorikalion messages irppisinitled in corm ectian in Ilse[mnucdtHt,vrl+nth I'Iteecno liability pmvisiausdorrot apply 10 PlN•hntxddrlth Innsaotirmsnot practised by with Po Imnsactiorps are ennissible disolosures of iplfermation,and you Fisrthrsplate e to release the Vis¢vit es-PlotNehvalk,lnckul0&A7'kl titloWAkIlls eu[side of the Ullhed Stoics. P y Your liability for unautIslas izod transactions with your card wit11 rho Visso logo that involve PIN-based dchit Hills Bauk pad Trust Cum Palm tend tin 1d it Itamiloss from any liability ofisi ng out of llte.trmts[n isslotr,of these pro nsaMiml%alul processed by Visn&or P[its Network,including ATM transactions,are deseribed under"Consumer messages. Liabilhy*above, We will disclose information to third parties about your account or electronic fund transfers made to your necoum: Illegal Use of Debit Card:You agree not to use your Debit card for any illegal transactions,including Internet gambling and simila activities, •Where necessary to complete a transfer or to investigate and resolve errors involving the Irausfer(s);or r In Case nr8 •In order to verify the existence and condition of your account for a third parly such as a credit bureau or rmrs or Qul'sllalax about Yuur Tr4nsaNions:In ogee of errors or questions about your electronic merchant;or fund hanskia,toll us ar 1-900-11fLFSDX or write to:Ilills Bank and Trust Company,PO Box 160,Hills IA 52235 or use the ettmnt information oil}war Imrxt ream ae,eount srmmtettt •In order to comply with government agency or court orders;or NOtiGcatitrn Shuatld be aaada as stoaa as possible ifyuu think yoursWtement or nrcipi is wrong or ifyou need more •Ifyou give its your permission in a record or writing. infasmmlina ahoatm lore" iesi fis[edon dlustatantcnlorreceipt.You must cttnlxl 11111s llankandirust Company Amonding ar7ermionring IkeA,greement:Wamny change titiaegr+coment from time to Optic,You will be notified ne lkavt!loan o0 days oRar wesonr you the Out slalemtenl on which the problems of onor approm You mull be al lea$t 21 days before a change{Mill rake Cfrecl if it Will Ause you an inerea]Y in cost or liability of it will limit v m'e preps edtorn vide ft fvlluwing mfarmmion: nbiIitytontnkc electronic fund transfers.Vto notice will ke given Iftlle change is necessary Por9Ccurity reasons,We•Your name and account number. also have The rigor 10 teat!Plate this agreclnrnt of arty dal-'. •A description ofthe error or transaction you me unsum about along with in explanation as to why you believe Additional Provisions it is ors error or why you need more infommtiou. •The dolbr:amountoftile suspected error. Youraccdulst is also gavemcd by the terms and conditions oraabcr applicable ngreonlents bcnvernyou and Hills If ynu pmvidc dal notice,you may be rcquircd to si:ad In yottrcuatplainl us-qucatiun in trrlTing'whhin ten[Ito) Bonk alldTriutCompany,Your►ffimW Debit Cord isenralled in Vi"eg Aeccum Upd ate r,which helps simplify' busirsm days We will determine whelhrr an error occurred within ten(11))Inuirtcss days(twenty(20)bosiiiess updatcs to agtomatie debits set nit your debit card,rar lnvre information or to opt prat please visit days for new accuuuls)rifler we licar rmtn you and will cnnr l any'crrar promptly.Ifwe plead nloer lhaae,howcvcr- wwtie.hlllslsir .cal tivixa-lee In-tr d:sttr or contact us ityr pllorre. wry may lake up to rorry.five(-15)days Ininety t90)days for mew mccaus nand hrretgn initiamd as-Huint of 531e lnrnsforsf 10 inrasaii"ou yaw caanpinial or quespiori.[fur deride tp do Ill ls.me it ill audit your account with In tots Fie,Schedule (1 a)bwiaeys day%(pwcaly(2m hiniptons dr}'o air new mcumnes)for rho amount which ymr think it in ca ror,oo that ytm will here the use of the ulnpls y dw ir0Ihe dole it takes 0 Cron plere our inreuigpliam.Irate ask ynu to put y mar Note:Certain fees we have detailed below play be subject to lowa Sales Tax. eeaaplaint or yu%%ioa in writing and we do not ruccirc it wilhlu len(10)bilelnoag dhys we any not credit your Fees and Charges:Tho following fees and charges may be assessed against your account mceauilt.Tha cslnxlcd Itme prriads for new accaunls apply to all cluel mine fund trmufors that eccar within the]putt All on•ar'di-A rcc of 527.0i1 will be clra ed r stern fur covetin uvcnir:afLS create)b check,in-person withdrawal, likia ty(SD)days after like First deposit to plat atxauril IN made,trscludiog those ror foreign Initiated or Point of S31c % � B y P aransa¢Ilant,V to*cardholder prdeClinn policy tcqu-ors that We provide pruvi:ionol cued[[ror, .. frrwr ATNI willlrlmwnls,or other elec:runic encams.Maximum avr:rdraR ice per day is S135.00, auaolholiw.nl VisvW Clutek Cnrd isle mnbin rive(5)btnimsa days or nolitioul sun errhe Iopf unless we dcleml Inc A rionstifficient r c(NSF)of$27.00 will be chit rgod par item for iusufliticnt foods trn imiclians crenled by check,in- dent additimt.il Fttrexigadort Is atom rated mad 011uw%r1l y applicable low Of rugula[ivak IVc will IVI1 yvar like Millb pemn withdrawal,A r,,.i wit itdawals or oilier electronic means An Item or tro[ssaesion that is returned and Inter within throe(j)businmdnya utter 0onlpiclingmr Ili vusligatiun,Irwnahvide Ifurthem%mvockerror,wr wiltx µl represented to its may result in you incurring additional fees,such as multiple nonsuBlcienl funds(NSF)fees each you wrilwncxplanatfw[. time that item nr transaction is presented.Maximum NSF fee per day is$135.00. You may a%k for copies of the aloenmcnts ilia l use used In wir iavestigaa ion,lr vIn,plwide total notice,we may Automatic itansrer for overdraft from deposit account(Sales tax included) $5.00 "llin:dot you¢and as your complminl or question in writing aithfia wn(10)hwirxs,day'x. f,Iab)llty Fur Fa)IgreTocompletaTronsncdon;Ifatedo not completen Irnnnfertorefrom your mccount on lime Bank to hank monthly transfer(ACH)(Sales tax included) $5.00 orin the ca rcctamountacconli%roourrrylrcrmenl with Yon.we will be liable for your lot'Icxardamages as Check orders Fees varies by style and are subject to Ictva State sales tax. provided by law,I rawcyo,there are soaaw oxcµplioas.We W41 NO'r be lurlde,forinslanip: 1%not[o •If thl oagh no fault of oars,you do not have enough money in you account to make the trvufer, Collection of Foreign(non-US)item exceed •Irtile Irnnsfer would result in your cxcceding the credit limit on yells-line of credit,if you have one. exceed •Ifthe electronic terminal]vas not working properly and you knew about the breakdown before you started the a•ansfim Garnishment 550,00 •If circ is,tanecs beyond cur—urol(such as tire us-flood,conlpuleror lunIdline brcnkdoem,or lailnre or Levies $50.00 interruption mFcnmmunic.fmos facilities)prevent die transfer,despite reasonable precautions we have taken. Official Pavntelits Foreign draft $50.00 Exhibit 50 to Petition Exhibit 50 to Petition E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:15 PM JOHNSON-CLERK OF DISTRICT COUNT I I HILLS BANK Money order $3.00 Official check $3.00 Agreement to Pledge Stop payment(all items)sales tax included f_ _ Visa®international debit transactions(non-pin) Ir` Allen Development,LLC hereby agree that the real estate mortgage on Community View(fka 28.42 acres Wire Transfers M1L off American Legion Road,Iowa City),dated January 17,2020,and recorded January 21,2020,in --• — - Book 6001,Page 863 of the Johnson County records and Modification dated August 27,2020,recorded Incoming(customer) $0.00 August 31,2020,in book 6100,Page 943 of the Johnson County records shall in addition to securing Incoming(non-customer) $35.00 loans to Allen Development,LLC at Hills Bank and Trust Company,secure indebtedness to Allen Homes, _ Inc.at Hills Bank and Trust Company,and that this mortgage may be cited as security on promissory Outgoing domestic(customer) $20.00 notes to Allen Homes,Inc.now and in the future and shall thereby validly secure said promissory notes to Outgoing domestic(non-customer) $35.00 Allen Homes,Inc.. Outgoing foreign(customer) $75.00 IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ Wire transfer trace fee(minimum of) $25.00 CAREFULLY BECAUSE ONLYTHOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHERTERMS Fees That Apply to Business Accounts Only OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT BY ANOTHER WRITTEN AGREEMENT. Chargeback ofdeposiled item(sales lax included) $5.00 Commercial sweep fee(monthly) $50.U0 Dated:February 3,2021 Coin/Currency Coin Roll $0.05 Allen Development,LLC Currency Strap $0.10 Collection Item Domestic(per item) $15.00 Jesse JXIIen,Member Foreign Fee varies Duplicate inglge 61aUwacnt(Sak*tax included) $25.00 Safe Deposit Box(Contents are not FDIC insured) Rent varies by box size Drilling $200.00 Key Replacement $20.00 Exhibit 50 to Petition Exhibit 51 to Petition I ! I E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT i-rl? ��'� 5 9 *�� T~. h-i 5,DIRECT AND UNCONORIONAL NATURE OF OUARANTY GIaeN CtAON-,my Dw eIumlaadml aM A,Lw eawcm wMymw YArWYq _- Hills Bank .. _.. j abmbnm<be,emmc..0reanmHmYlDNdrenwayaavalPnYRdrwa,[o-GmvN,4r0 ,Y A, D,04 H i Trost C Bank AIYE.GPmmbr.r -1 mmP d w.aepmee.1 Pa Gvmea v�e�y m e a m.°.bnl e.d-- Inercai andNS1 WE �mi�+�°w w.am b m ewmw.�.ml..r Iro m w rN.ee.a n IpnAnL m mM emmey Im w a nN Imwlemwea: UNLIMITED CONTINUING GUARANTY �IIIV Be.Y era Trw Cavwv wvY-nm wY em d am.n>ee mryYrwrrl ea pmm�eE p Ww ]I 51Yn SY..1 1.NATw!OF DlMxevRT.TM D:rWYn..prove•d PvI.e rO ld•�wa ati..G.r.rQ erMYways[en ryn m mpLg LNI mY IHL.IA slvs (bW yrermya all Y.ulY Tr l4+aY[.rrA•OTT Q'ier.r.r Y�, ,kp Cr�p4ry.r.Xl.OvnNwrtlYry a6V Frr mmla meC°beny facvirywM Olgl val.iT "LL ER' Wrvr YgL•Rited MrEy05,CatMupq[w.Y vxlftlN• Duna. - 11YfaY+aOTTWYLT.M[ww rQN•a NP mlY vld MGn•Yrrer[rrwLlW agfrab ' (el rw rPq W alePn ory M ewvenry.w Oe+P^•*s rr leaerr w.r.rs nAwrnm.vgy W.ePllavrn r �RGffon rot w w:: wn d�.+•a� wwn a carry q L.lew mxlL-5 N w x.Y+ali.lw r Ta c+r.n n.....r a...a.A]l.. u1.0 Ram¢., mom. 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THIS W RITTENCONTRACT MAY RC LEOALLYZWORCE D.YOU MAY CHANGE THE TERMS OF THIS AGREEMENTONLV ao.sEYERARIurY.n My pwabn m Iw DlnnrY U myYa IaDu m mNnbmeom,ew x.Earv,A•PbY..m mamueGGY a Yr,mr naN w.wePr BY ANOTHER WRITTENAGREEMENT.THFS1WY4CR A"*APpLiESTO AHk_QTI"CRE"n AMELWITSIO.CEY1 a II ne w.y Nenttmew:ewum inarmr. CXEMPTTRANSACTIONS]NOWIN EFFECTBEIWEENYOUAND THISLENOER. ]L APPigOAILELIM TryeGw+gsNWuwp Wezr:rrwdEr urs Yqe_._-..�� w.�.n ]erKa m.r,aer,C:�+•u b Naaplat cll .ry ewg.[WY naO NULARANIORACIOeOWtE]pES1 O1T lONM RAI DEAD,UNOERSTANO6.PN0 AGREEGTO TXE TERIS ANO CONOIIIfAV60F 1HLS OUARaNry yOYvm�nn r�NG�yY,OINOME TEMISA°ID LONOITIOfY ON 1NE REYEP6E6®E.GUAMNTOHHA9 ETELUTE111NI5OUARAHII'WIIMIIE INTENT TO RE IEOI•LLY tL 0114LLRION CNTR R LtlNM Nov En wlm,7e NM1 rl YFV y N�WPA M P anA*P•p try Iq.n•ml./F Inw Wy 61YY./ CA�ONOIWITILI ANONpANY FNLUREDY PNYOTHERPERSONTO SgNTHS GVARIVRY GUNLWTGRALKNOWIEWESREGEIPfOF AN E)V1Ci �ywga ys gpl gaOplmgy mav0er�bns pxmM]q Gw. PY OTTNfi GUARANTY. 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M ANLT[104ALii.1a1 uwwe aw•+word wYl W]In�n ` wrP.a�.tirr.a M�ow4�• Exhibit 52 to Petition I Exhibit 52 to Petition E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT , r _ E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT Milk Bank Date 6/30/_3 F'a0e 1 Tk Dace 6/70/23 Pale Aecoltnt I'll,,,",,r _3�1 Account Hunker -1851 Eu�L..�irn CHI 017MGOMPORY Bn l�adrey IH) =� Al Mau W,mav Tm. Allen Hrl— Imp PC box 3474 F'J B."x 3474 I—City In 52244-3474 Iowa City fA 522 -3474 .......«..aa..C H E C K:N G A C C O D II T_ ^a"`-••-••_... P"5[NUS f!ITF k F..tiT iHEC!"}J". ,�d5] 1'--"+nr lnn=dl Account Title: Allen HWes Inc ••••.••.••••••• L�po•Lts and other Creglts ••••••a•• ...... Effecriva Ju IY 19, '0:3, your N1!ls Ba1,1 debl[ lard 11 n,11 Ior casl,Withdta•aal Da Le 0e.scr 1pt lun Amoun0 Rel� Will be increased frrnn"10 to 351f,'. Cuatemera with ca eh Hithdramal 1in,i cs thar. �i 13 UEPJ517' .'9,000.00 were increased prior to this change will not he affectea. Point of sale 14nits (121 _redi[ Back Itelo 3,540.01 vlllL remain Chu sans. Inte-ar Delwalt .l= PUS INESS INIERESP CHF.CH3110 IJomhar of ERc loeures '•••"""'• "he.-•s and Other I'eblta .... Acc'eun[14uribe[ Statement Dates e!01/_3 Lhru 7/02/:3 Da Lt Deicription Amount 1CYf _roviJVi Balance 2.u04.81 Day, in the ,Le LemPnt E•errod i'ful IrIVLl10E PA'_'CHt.K ElE dVO.ln- B Deposi is/CradiL_i 131,032..1b AVe[d9.Ledu er Ea lance 33,1`_•4.16- ---'CD COMPANY ID`y c„ -I' 47 Check+/Debi Cs C..19,74ti.56 AV Q Collected Falance 3u,344.48- 6/O1 [IiVDir_E PA'IC7!F'r F.1 P. 19,.^14.67- 3erViAr AM ce Charge .T. lntereac Earned .0' CCD CC4QP1fY ID Interest Pa Ltl .02 Annual Percentage Yield Earned 0.06k 6/02 INVOICE PAYCHEX PID 490.C,r,- C.—.G P:.!anac 7C,108.95- -0_a Intl CJt I�id _.sr ^CG rylFT21Y ID W.MNREM 6/05 Paid Item Overdraft IO01 Fee 135.cn- G/06 Phone/In-Person.Transfer A,500.00- { { Jesse request S Dotal Fc:l Total 6/07 Paid Item Overdraft tODI Fee R1.00- } f Tnls Perindl 'fear-b-Dawl c/OB Fhene/In-Person Transfer 9,000.9i'- I I I Fer Jesse I I 1 6/08 -NVOICE FA1'CM"."E'•• 1Tocai n erdrafc Para ILem Fee, + 4459.001 5857.i01 R'O C"14PANf IT, 1 6i09 114VOICE YAYCHEX EIP 1 I f f CCD CrMPPNY ID 1Tcta1 ReLurNed NSF IL- Fee, I $.001 327.0D1 .3/03 FEi7Jl EFT PRI:I�N.T�N.y+�. . 2,222.38- { f I FF'D COMPANY IT, kd <'/1^_ Pa Ad Item OVe:draft (OD) Fee Deposits and Other Credits......•" 5 �•• • 6/13 ?iansfer to LIM 113_ SR4.b6- Date De- Criptinn,'• ..un, ,Be[ - Ac-t o. F/02 PAYROLL PA'. +' 164.4.1 6/10 Fhdnoi1J In-Far— 'Tian—er L2,n00.00- CCO COMPA?rY L Per Jos?E 6/05 DEPOSIT 31.94 6/13 P=1d It-,Overdraft IODI Fee 27.00- 6/06 PAYROLL PAYCHE\ 3IIO. 546.54 6/15 INVOICE PAYC ]7,44�.60- CCD COMPANY ID CCn COMPANY ID n 6106 DEPOSIT 69,512.55 6/1- Paid It s1 O'Jerdrait tODI Fee 21.D0- 6/U0 DEPOSIT G/1G Cl,a rgabacl:FEe 5.00- }' 6j Oa Df P06I7 ?5,n00_Dn 6i 16, C},avuehac4: 77,r10n_00- Exhibit 53 to Petition Exhibit 53 to Petition I I I 1 E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT 71173 V,;�-T, 1, I *.�� i '` U19 l.. HINS Bank Data 6J30J23 Pa� it , _ s ��� Date 6/30J23 Pag= Account Number SR:11 F Account Number 1841 NOM � Eu�lbaurba (kl) 29• 1 •.• � ��� En�lueurby (HI 20 [[r 1- Allan RM Tnn Aliwr Hnmee Tn, PO Box 3414 PO Box 3414 Iowa City IA 52244-3414 Iowa City IA 52244-3474 PUSIMPM 114TEREST C13ECUTNG M1853 (cnntlnuedl BUsmr.5s rNTERFST CHECKING =851 (c0nt.loued) •••••••'••'•, Checks and Other Debits k ••••..•.„•••••• ••••••,•••••••••, Interest Cate Bmmnery•••.•••••••••••••••• Gate D."IptioA +AmounL ReI"4•• - __ Da Intetes[Ra Le 6/20 CAPITAL DN Cap.• 3.548.00- 5/31 0.0500008 CCD COMPANY ID 6105 0.0000001 6120 Paid Item Overdraft (01D) Pee 54.00- 6/22 INVOICE PA. 9,fiv.SB- CCD COMPANY 1 6/21 Paid Iran Overdraft (ODI Pee 27.00- E/el Palo Item ovafdfaf[ LL811 Vee e+.OU- 6/29 INVOICE - 1E,2II.81- OCD COMPANY -- 6/29 Paid Item Overdraft (OD) Pee 27.00- 6/30 ACM Positive Pay 15.00- •••••^•••Checks 10 Number Order •"•'• •^ Date Check No rair Chock No'+ Amnunt Ttds_ranr9 6105 16740 381.99 104 16741 32,05T.00 6/05 16143 650.00 -IQI 16752 17,9B1.DD 6/a9 16163 100,10 r7 1 id764 285.Do 6/06 16765 15.00 F:GS 1676-A 9,B23,47 6/05 16711 ,,B02.B5 rq;, 16772 345.00 6/05 16700 7:O.no 167B1 71.49 6/12 16783 12,325.00 16785 18.51 6/27 16798 2,491,26 ,+L 167 9 9 11 473.44 6/01 16790 114.13 '.11: 16193 4,664.00 6/01 16798 d10.00 I:A 16799 510.00 ._ 6/OB 19240 1,301.41 Y Denotes missing check numL+ers Daily as Lance Information Date Balance Date Balance Date Balance 6/01 2,BB9.BB iJ 02 2,?64.25 G/05 49,135.63- 6/06 12,797.52 6101 5,795.21- 6/06 3,642.14 6109 iB.14 6112 16,964.06- 6113 576.72- 6/15 18,052.32- 6/16 d7,057.32: 6/20 51,]69.32^- 6/21 47,621.32- 6/22 57:315.90- 6/21 59,834.16- 6/29 16,093.97- 6130 16,108.97- 7/0^- 16,108.95- Exhibit 53 to Petition Exhibit 53 to Petition E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT H111s Bank Date 7/31/23 Fa 2 • Y . - Account r +)51 and Dust COnlpany Enulusures Number (H 4H) Hills Ban[[ Date Humi 3 Pag' 1 Accountt IlurtJm[ -1951 Eucluauree (H) Allen Homes Inc ON Trust 6Wgpapy PO Bos 3979 Iowa City IA 52244-�414 al Icn H•rmo+ ec e�x 347n Iowa City IA 52^-44-3474 BUSINESS INTEREST CHECKING 01851 (Continued) .......wn,.a..C H E C K-N G A C C O U N T•+'•a.+•.a.-.-. . as ••• •••^•" Deposits and Other Credits •+"`••••••" Account Title: Allen Homes Inc Date W_sCLlp Lion Amount RofRf/fu CB 7117 Reverse OD Paid Item Fee 27.00 Effective July 19, 2023, you[HILIs Bank debit card LIm1L for cash withdrawal 7/17 Reverse OD Paid Item Fee 27.00 Will be increased from$310 to$510. Customers with cash withdrawal limits that 7/17 Return Item Credit 965.00 were increased prior to this change will not be affected. Point o£sale limits 7/17 Return Item Credit 14,204.3E III ream. the same. 7/19 INNOICE PAYCHEx EIB 140.37 BUSINESS INTEREST CHECKING P tuber of Enclosures CCD CCD COMPANY I➢ Ir . Account Number �a51 Statement Oates 7/03/-3 thru 7/31/23 7/25 Credit Back aidIte 5,9277.00 Prev Sous balance 76,10B•95- rays in the atateoeut P-Wd 29 7/25 Reverse OD Paid Item Fee 7, 19 D.Poslt./Credit. 60,755.36 Average Ledger Balance 77,0.9.31- 7/27 Reverse OD Paid Item Fee =7.00 ,f Cheoks/Debit.v 90,045.99 Avg Collected Salon— 77,n29.31- 7/27 Return Item Credit 8,093.55 Service charge .00 1/29 Reverse OD Paid Item Fee 27.00 rn serest Paid .00 7/29 Return Item Credit 15,860.53 ..0 r rent eai o 75,199.5a- -P_3 Int--t P:.lu _.39 "�••`+">••a•+•• Checks and Other Debits +'•'•+a,,..xaaa,a., 4 I I Late Desctiptien Amount PAY I I Total Fcrl Totall 7/06 CAPITAL ON Capita!C•n- 3,072.00- This Perindl Y-r-",-Datel CCD COMPANY ID I I 7/06 Paid Item Overdraft (OD) Fee .7.00- I 1 1 7107 Ret4 rn Item Nonsuf Eiclznt Fee ?7.00- Imcai ro,erdrarc Pala teem ee_n I i.001 ;B9t.D01 7/07 INVOICE PAYCHEX EIB Sr432.3-- I 1 I CCO COMPANY ID • �I 1 ITotaL Returned NSF Item Fee= $216.001 $243.001 7/07 Paid Item Overdraft (OD) Fee 27.00- 7/10 Return Item Nonsufficient Fee -7.00- 7/10 INVOICE FAYCHEX EIB 965.00- <...,a.....+..D.Poslta and Other Credits '^•••••'••"' "' CCD COMPANY ID _ Date De-cr iption Amount p.t 7/10 [laid Item Overdraft (OD) Fee 27.00- 7/07 F. ....ou Paid Item Fee 27.00 T!11 P.eturn Item,No sufficient Fee 27.00- 7/07 Return Item Credit 3,075.00 7/11 PEKUIN EFT PEY.IN INS. -,841:3E- 7/10 Rev else OD Paid Item Fee 27.00 PPD COMPANY ID 7/10 Return Item Credit a,C 32.3] 7/11 Reverse OD Pa Id Item Fee 7.2 7/11 Paid Item Overdraft (00) Fez 27.00- 7/11 Return Item Credit v65.D0 7/12 Return Item Nonsufficient Fee 27.00- 1/12 Reverse OD Paid Item Fee 27.0u 7/14 PETRY PYMT PAYCHt` EI' 965..00- 7/L2 Return Item Credit ',A41.3d - CCD CCPIPANY ID 7/11 INVOICE PAYCHEX EIB 14,204.38- CCD COMPANY ID IREMIM 7/14 Paid Item Overdraft (OD) Fee 54.00- Exhibit 53 to Petition Exhibit 53 to Petition E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:16 PM J0INSON-CLERK OF DISTRICT COURT s fqP'+ r • s r' l.. ACCOUNT INFORMATION V I F C Date 1/31/23 H HHIS B11nk Account Humber P gW851, 1 R CIIECKINGACCOUNT W Enclususe.* (H) a wwtv.hillsbankcom APR 12 26�� a and Trust GomPang I seaualsnK HILLS BANK !• ACCOUNT TITLE AND ADDRESS - Allen Homes Inc Allen Development LLC PO box t I PO Box 3474 Iowa City A 522 9 4-39 7q rows Gly,lA 522443479 • .�r:rxlunr•nlrv•• eer:oarfrh«sneR' q+rKlx�mr-1'+•ec i, rrwuuEraSri:•: -nmrr,. INmAeusrwlr• Apnl 11,2019 S7 J Limited Liability �Rrurnesprcekbrg SK Company Tar Classlrrcation: RUSINESS CN71TY INrORNIAT1ON Norris Allyn Development LLC Business Filing Stem: IA BUSINESS INTEREST CHECY.ING -1951 (Continued) Address• 4881 Dingleberry Rd Dole Established: Iowa City,IA 52240 Resolution Dole• Apnl 11,2019 "�"**•"'T"" Checl;s and Other Debita '**•• — E-Mad Add— nuslaess does not engage In latemct Gambling. Late De9Crirtion Amount here 7/17 Return Item Nonsuf f icient Fee 2.7.00- DEFINITIONS."You,""you,"and"account owner"refer to Bm CLStumer,whether or not them am one or more Cuslomcrs named on the 7/17 Return Item Nonsufficlent Fee 27.00- oaenunl,and the mrm,u"we,"•us."end"our"refer to the Bank.FI111s Bonk and Tmct Company. 7/24 FIRSTECH PEKIN INSURANCE 5,937.33- IMPO11'IAM'171FORAiA71ONAntI[i't'PB0.EDLIgP5170q DI'F-YiITiGAk@SY ACCALIP4T WEB COMPANY ID th.Fxlp Ibc Adtsme>`ytr RgFll a;,slmdiag of ierrodsm sad moxy leun siffil mnvhln,r leml t.w MOM ell im! ld imsindhgll 7/24 Paid Item Overdraft (OD) Fee 27.00- brain,tcnfyand tv�cmlinfwmat wn mri idemifirs a ?.person No npene an neeovnl 7/26 INVOICE PAYCHEX EIS B,093.55- �1Yhn the mwln Aa ynX Wile,VOW atnM All sumalt t•e wig MA Ip your Ia WK 44doeAL sills of etlli4 ara4 owlmlmn4lsrn rhet Wdl CCD COMPANY LDy lulWw 1u to(dcrmq you.We nay sill iVstosceyaue ddverr Ill or olirer rdrnu rynrg do ymenri 7/26 Paid Item Overdraft (OD) Fee 27.00- -- - - 7/^_7 Return Item Nonsufficient Fee '7.00- - ACIiNO11'IYnGtiIE�"F.IV slgnrog lbla danpucm,you edndw'lwlge Ihn1 Yew hams:on:ed to Iypc of ascem9 tksknsled rbove.vas 7/27 INVOICE PAYCHEX EIE 15,aCO.53- -sd TnFaed ssnt4•Veil all in:ommr"ptnridcd w rF¢Bank It t=and occumir.As Ac anoint n m lha+oma or baTinem mllq•,yne CCD COMPANY ID oeLno..•kdgc Ibai you ors anins wr hhnNnithe hlntdess entity,aed with rrdpecl go%ilwh you hm,e 1t{ai autlwrgy b Ina�l1 beslrCsa All 7/27 Paid Item Overdraftt (�ee 27.00- munn 3WIWlxc Il 11 Uouk to makr Inq gWts from my ventame nl:orinp ogcxy,wdv3urp aolwch rrcnralan srn;rc,rn m;urmi-will,lku 7/2a Return Item Nonsufficient Fee --7,00- nccaunl 7/31 AC41 Pos hive Pay 15.00- .. Your signature acknowledges the mecipl of The eppropnale Aomori.Agmemem for the lyre orneouni doslguated above and Ihat you agmc to be bound by the Asenunl Agre—L You acknowicdge That you have we eived the Ibllowing dacmnenl(e): Daily Balance Information •Funds Avedobility Polley Disclosure Date Balance Date Balance Date Balance •Truth In Savmga Disebsum 7703 76r 109.95- 7/06 79,C07,9S- 7/07 84,595.27- •1'ee$ehgdale 7/10 71,154.95- 7/11 79,056.33- 7/12 76,CI6.95_ O rS'>mrr HoOalradr tWiskdsxrre6 7/14 91,440.33- 7/17 76,2"0'95- 7/19 76,130.59- M1fi•n lkrveloplrkm l.LC 7/24 B_^,095.41- 7/25 76,130.5B- 7/26 04,"51.13- 7/27 92,045.11- 7/28 76,184.56- 7/31 76,199.56- x •l! Ry Alle Dale I s;Me r c a0oll'ala aamd�mKiYnmr,le<enanx>•rus:ar•sole lu,r n�nl eaamxm•aal.,an�monmos Posri,xx �v.w•da••.ra.•"�• Exhibit 53 to Petition Exhibit 54 to Petition E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT Hills Bank 6/30Y23 1 ■■ Date 6/30/23 Pa 2 AcDacote unt[lumber M:357 HMIs Bank Account Number .357 �T�stC�DppY E"`lw'"`"y `"' Btldifu5tC0®DBpY Fuchs— (HI ' a:.::.:�;: :�:•:..:'y:................a.. a�.... .•.n0.�.• ................... .•.Bad Addte.s,......................... :..Bad`Add..e...................... ..... ._. � nEC 11 11•i AT Ct kIt .............. PI131NESS CHPr.KINr, ■6357 (Coot inued) Account Title: Allen Development LLC „•„•,,,�••„ "•• • • DepD91t9 and Other CYedlt9 • Effective July 19, 2023, your Hills Bank debit card limit for cash withdrawal Date Desc[1ptlun Amount Reference will be increased from 3310 to 3510• Customers with cash withdrawal limits that 6/28 PAYABLE LUMEN TECHNOLOGI ^-7-50 were increased prier to this change will not be affected. Point of sale limits CT% w111 remain the same. a„ , „ , a••••••••••••••Checks and Other Getll is••••• •�• •• Account CHECKING Number of Enclasures 9 Data DEBITiptlon o e Amodnt F.,l4ea Account Number -6357 Dayt¢ment Da taa 6/t r/ thru 7/02!^_3 6/05 DEBIT MEMO 20,000.00- Prevlous Balance OD.P�_.35 Lays In the stata.ne6t peciod s2 a/07 Paid item Dvettltat[ IUllI Fee _'L Uu- 5 Deposits/Credits 37,127.50 Average Ledger Balance 13,200.51- 6/r, Phona/In Person Transfer 6,40d.00- 17 Checks/Debits 146,025.e8 Avg Collected Balance 13,515.51- Pet Jesse Service Charge .00 6/08 Paid Item Dv-rdraft (ODI Fe_ Z7.00- Interest Pa1d .00 6112 EPAY CHASE CREDIT CRD 3,000,00- Cue-nt Bal"co 20,82G.03_ TEL COMPADIY ID- :M56 . 6/13 Chatgeback Fee 5.00- 6/1? Ch..g.back L,000.U0- r 6/15 EPAY :mmr,6d 1.15-TS• 20,000.00- Total For: Total; TEL COMPANY is{� I This Periadl Year-to-Deter 6/15 Paid Item overdraft (OD) Fee 21,00- I I 1 i 6/16 Paid Item Overdraft (OD) Fee 54.D0- I 1 r . ...a.. ........ ITocsi Overdraft Pais Item Fees I 4735.OG1 $513.001 •• 'Checks In Numbs[OrdCh , 1 ; Gate Check No Amount Ref Oate Check No +Amount ' :arenc�T I 6/16 4251 2,6B0.00 6/O1 4261 59.39l." [Total Returned NSF Item Fees I 3-001 4162.00; 6/01 4263 1,133.30 6/06 4264 1I,280.'• I 1 6/07 4266 5,5P6.00 6100 4267 4,166. Elie 4" 6,100.00 ss.a..+...*....Deposits and Other Credits+•a"`•••'+'""•' Denotes missing che6:numbers Date Oa.-lpt ion Awnpt F/06 Phone/In-Parson Transfer Daily Balance Information J03se request Date Balanc! Date Balance Date Balance 6/00 DEPOSIT :Y.400.Qb 6/01 25,344.47 5,344.47 C106 564.47 6/12 Phone/I.-Parson Tr...far WypO.ill 6/07 4,P98.53- 6106 3,SB7,53- 6/22 12.41 Per Jesse 6/13 7.17 6/15 20,019:53- 6116 2E,853.53- 6/13 Phone/In-Person TYanafet 33.0DO.f,O 6/2B 18,826,03- Per Tasse Exhibit 55 to Petition Exhibit 55 to Petition J I 1 E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT 'j , E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT �?l n T ills Bank Date 7/Numbe Pa 2 Account Nun� r �5351 andTrustOompany Entlunures 1H) 1 Hills Bank A-�cua:!RMbIr page 317 r I , and Trust Campanu Eu lue ores (H) 1 Y ■ Men DevelcptnenL LLC .._Bad Addres ......-•.......__......... alto Il�vel np�n= r TJ.^ ..x+....,•a..,.+..ex.s....vx.•x.x.. ..,. ... ' ......................... Bad Address . PITSINESS CHECKING _3357 (Continued) ........-.....C H -C K-N e A C 4 u H T•.............. '•^•' ^••'•• Checks and 7thef Debits .x... . ......r:.. Account 71tle: Allen Development LLC Date Dese[iption Amount RQ( 7/10 Paid Item uv=_[draft {OD) Fee 27.DO- EffectLve ,July 19, 2023, your HI11_Bank debit raid L1ndL for cash wl Lhdrawal 7/11 P.eturn Item Nonsufficlent Pee 27.00- will be increased from 431D to 5.lfr. Customers with rash withdrawal limits that were increased prior to this change w111 not be aff—t— Point of sale limits x.... +111 :aoa,=I+SLx tes_ .• ' Chec al ks in Number nrder '• ** x" Late Che 1: 11' Arnou nt Reference Date Check No Fanount Re( BUS INEBs cHECI;ING Numher of Enclosures 1 7iO3 927? 5,Bo6.25 ,Va' '7/lU 4273 13,078.00 Account Number W357 Statomont Datos 7!D3/'3 thru 7/31/_3 Denotes mi—ing cn—: numbers "rr evious Galante 28,626.03- lays In the statement le—d 3 Deposlts/CrediLa 13,7:7,00 Average Ledger Balance 34,73`•.96- Daily balance Information Ch':ts!Deblts 19,6_i.:; Avg coll—ted Falanc« 34,73L,9F.- Date Galante Da balance Date balan Date Balance service Charge ,D0 7/03 341 7/10 40,424._3- 7/11 34,746,20- Iotere3t Psld ,DD 34,7_1,2H- I I I ! 7'oial For: Total) i Thls Pec16i1 'feat-`o-Patel 1 1 I I 1 I I rota+ �.•erdraft Pats item le— L S27,DD1 $`.4 D.oUl t I I I ! I I I rota) F.eLur'netl NSF Item Fen I :2"f.D01 $1 a9.0D1 I I I •••�• ,•n• De_oo31b3 and other Credit. ^••••---..... •4 Date Dogcriptlon ' A.ount ZSIY �Ill Fevnree on Paid item Fen 21,00 7!tI Return Item Credit 13,676.00 7/27 PAYADL2 LUMEN TECHITOLGD1 cTx • ' — A— ecr Che and other Debits ••^'•••••••'•••• Data De;crlpti on Amount •Reference 7/03 paid Item Dverdcaft (Or) Fee 27,00- Exhibit 55 to Petition Exhibit 55 to Petition E-FILED 2023 NOV 29 3:16 PM JOHNSON-CLERK OF DISTRICT COURT NIIs BanDate . B/31/23 Page 1 i;,f• � Account Humber and Trust dampany Encluauieo 4H} In - Allen i,-,y lCpwan: LLC ' +Bad Address ......•.r++..• C H E C K I N G A C C O U N T ......I—— Account Title: Allen Development LLC Effective July 19, 2023, your Lillis Bank debit card limit for cash withdrawal will he increased from 8310 to$510. Customers wLth cash withdrawal limits that were increased prior to this change will not be affected. Point of sale limits will remain the same. BUSINESS CHECKING Number of Enclrsures 0 Account Number -i35-7 Statement Dates e/01/23 thru 9131/23 Previous Balance 39,•-�.28- Days in the statement period 31 1 Deposits/Credits 802.16 Average Ledger Balance 33,921.52- Checks/Debitn .00 Avg Collected Balance 33,921.52- Service Charge .00 Interest Paid .00 Current Balance 33,921.52- Total Forl Total: This Period) Year-to-Date: k I P I I : (Total Overdraft Paid Item Fees I 5.001 $540.00K Total Returned NSF Item Fees I S.U01 $169„001 E I I •••••`•'•"�'•' Deposits and other Credits "*`"•`^""•" Date Description Amount Refere c�8/01 INS PBEM FROG NORTHERN PPD COMPANY ID Daily Balance Information Date Balance B/D1 33,921.52- Exhibit 55 to Petition END OF CASE FILE Ashley Platz From: Ashley Platz Sent: Monday, December 11, 2023 12:58 PM To: Rebecca Passavant; Michelle Cook; Mary McChristy Cc: Kellie Grace Subject: La.w_sum -'-- - Attachments: r Lawsuit - 06521 EQCV084821.pd Lawsuit - EQCV084819.pdf Good Afternoon, The attached two (2) lawsuits were received this morning. Regards, 11=11 I X-p1NA CITY ASHLEY PLATZ, IACMC,IACMFO A UNESCO CITY OF LITERATURE (she/her/hers)* WWW.ICGOV.ORG DEPUTY CITY CLERK 0090 P:319-356-5040 410 E WASHINGTON ST IOWA CITY,IA 52240 `why this matters FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGO V.ORG/FAREFREE "The beauty of the world lies in the diversity of its people. "-Anonymous I E-FILED 2023 NOV 08 2:12 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HILLS BANK&TRUST COMPANY, Case No. 06521 EQCV084821 Plaintiff V. ORIGINAL NOTICE ALLEN HOMES, INC., JESSE J. ALLEN, PARTIES IN POSSESSION, CITY OF IOWA CITY, IOWA, Defendants. TO THE ABOVE-NAMED DEFENDANTS: You are notified that a Petition for Foreclosure was filed in the office of the clerk of the above court on November 8, 2023. A copy of the Petition for Foreclosure is attached. The Plaintiffs attorneys are Laura M. Hyer of Bradley & Riley, P.C., 2007 First Avenue SE, Cedar Rapids, Iowa 52406-2804,telephone number 319-363-0101 and Lewis I. Field of Bradley& Riley, P.C., Chauncey Building, 404 East College Street, Suite 400, Iowa City, IA 52240-3914, telephone number 319-466-1511. You must serve a motion or answer within 20 days after service of this original notice upon you, and within a reasonable time,thereafter, file your motion or answer in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. You are notified that this case has been filed in a county that utilizes electronic filing. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on electronic filing. You are also directed to the rules in Chapter 16, division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, contact the disability coordinator at: (319) 398-3920, ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 1 4886-5399-1311,v.2 E-FILED 2023 NOV 09 4:20 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV084821 County Johnson Case Title HILLS BANK &TRUST CO V ALLEN HOMES, INC, 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 atwww.iowacotirts.state.ia.us/Elite 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.le ris.ioH&a ovldocs/ACOICourtRulesCha tor116.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 w",,v.ioxvacotirts.aov/for-tlie-yublic/re resetitina-vouiself/ rotect- ersonal-information/. Scheduled Hearing: r-- L; I . I4.� 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.ioiN,acoLirts.p-ov/l-"oi,-tlie-ptiblic/adal. Disability access coordinators cannot provide legal advice. Date Issued 11/09/2023 04:20:22 PM US`ffR..�. .4;�• District Clerk of Court odby Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY L 23 QEC 1 1 AN 9; 5 7 Plaintiff Hills Bank and Trust Company ("Lender"), by and through its HILLS BANK&TRUST COMPANY. r undersigned counsel and for its Petition,states: Plaintiff, Case No.EQCV 084821fo� 1 `�Y, !!I�',1!. THE PARTIES V. PETITION FOR FORECLOSURE r I 1. Lender is an Iowa state charted bank with its principal place of ALLEN HOMES,INC.,JESSE J. business in Hills,Johnson County,Iowa. ALLEN,PARTIES IN POSSESSION, CITY OF IOWA CITY,IOWA, 2. Allen Homes Inc.("Borrower")is a limited liability company organized Defendants. under the laws of the State of Iowa. Borrower conducts business and owns real NOTICE estate in the State of Iowa. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT 3. Jesse J. Allen("Guarantor') is an adult individual and a citizen and REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT resident of the State of Iowa. UNLESS YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS(OR SIX MONTHS IF THE PETITION INCLUDES A 4. Parties in possession are unknown individuals or entities in possession WAIVER OF DEFICIENCY JUDGMENT)FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR of the real property described below and who may claim some right,title,or interest TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR in said property. IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE 5. The City of Iowa City, Iowa is named as a defendant in this action SALE.THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT because it may claim some right, title, or interest in the real property described THE SALE. below, including but not limited to, pursuant to a judgment entered in the Iowa IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE- District Court in and for Johnson County in case number ICCISC103810. FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN JURISDICTION AND VENUE DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE 6. The Court has jurisdiction over each of the defendants in this action MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS because each of the defendants either is a business entity organized and doing NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING,THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST business in the State of Iowa or is an adult individual who is a resident and citizen YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE, of the State of Iowa. 2 4690-1889-5503,v.1 E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT k E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT 7. Venue is proper in this Court under Iowa Code § 654.3 because theM3 DEC I I Ali 9: 57TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TU P.M., RECORDED IN PLAT BOOI{11,PAGE 23. property subject to the foreclosure count of this Petition is located in Johnson — ",, 1W- i',4;("Mortgaged Property"), which is located at 3066 River Front Estate, Iowa County,Iowa. i OVA 1.f I. I r`�"." 1 City,Iowa 52240. RIVER FRONT LOAN-8132 14. In connection with the 8132 Loan,Borrower and Lender entered into a 8. On August 8, 2008, Borrower entered a commercial loan transaction, pursuant to which Borrower obtained a loan(the"8132 Loan')from Lender. Modification of Mortgage Note on December 10, 2012, modifying the interest rate and payment schedule. A true and correct copy of said modification is attached 9. Borrower obtained the 8132 Loan to remodel residential real property hereto as Exhibit 3. to sell to third parties. 15- To further secure the obligations of Borrower,Guarantor executed and 10. In connection with the 8132 Loan,Borrower executed and delivered to Lender a Promissory Note dated August 8,2008,in the original principal amount of delivered to Lender an Unlimited Cont_nuing Guaranty dated July 19, 2006 (the $90,000.00(as amended or modified,the"8132 Note").A true and correct copy of the "Guaranty") under which Guarantor unconditionally, absolutely, and irrevocably 8132 Note is attached hereto as Exhibit 1. guaranteed the full and prompt payment of the matured indebtedness owed on all 11. To secure the indebtedness of Borrower evidenced by the 5132 Note, obligations of Borrower to Lender. A true and correct copy of the Guaranty is attached hereto as Exhibit 4. Borrower signed and delivered to Lender a Mortgage dated August S, 2008 (as amended or modified, the "8132 Mortgage") securing credit in the amount of 16. The 8132 Note, 8132 Mortgage, and Guaranty, together with $90,000.00. A true and correct copy of the 8132 Mortgage is attached hereto as subsequent modifications, and all other documents executed in connection with, Exhibit 2. evidencing or securing the 8132 Loan are hereinafter the"8132 Loan Documents." 12. The 8132 Mortgage was recorded on August 15,2008 with the Office of 17. Pursuant to the 8132 Loan Documents, Borrower was required to the Johnson County Recorder in Book 4339 at Page 712. make monthly payments beginning Septcmber 10,2008. 13. The 8132 Mortgage mortgaged and conveyed the following described 1& Borrower has failed to make the required payments when due. T 19. Failure to make payment when due is an event of default under the real property: 8132 Loan Documents. LOT 15, AS MORE PARTICULARLY SHOWN IN SURVEY OF A PORTION OF THE NORTHWEST QUARTER OF SECTION 27, 3 4 4890-1889-5503,v.1 4890-1889-5503,v.1 1 E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT 20. On August 30, 2023, Lender provided written notice to BorrowM DE.0 I 1 1A,N 9: 53 28. All of the above-described documents are collectively referred to as the Borrower's failure to make the required payment when due.A true and correct copy _ , ,, "Loan Documents." of the said notice is attached hereto as Exhibit 5. r'i ' ''~ �' 29. Lender has performed all of its obligations under the Loan Documents, 21. Borrower failed to cure the defaults set forth in the notice. including the 8132 Note. 22. Pursuant to the 8132 Note, interest accrues on the 8132 Loan at the 30. Borrower has failed to make payment as and when due and, non-default rate of 3.95 percent per annum based on a 360-day year and the default accordingly,is in default under the 8132 Note. rate of 18.00 percent per annum based on a 360-day year. 31. As a result of Borrower's defaults,Lender accelerated the 8132 Note. 23. Pursuant to the 8132 Note, if a payment is 30 days or more late, 32. Lender provided notice to Borrower of Borrower's defaults, but Borrower agreed to pay a 5.00 percent per annum late change on any unpaid Borrower failed to cure said defaults. portion of a regularly scheduled payment. 33. Lender is the owner and holder of the 8132 Note. 24. Pursuant to the 8132 Loan Documents, Borrower agreed to pay WHEREFORE,Lender requests Judgment on Count I of this Petition against lender's attorneys'fees and legal expenses incurred to collect the 8132 Note. Borrower in the amount of$34,546.73 as of October 31, 2023, together with all 25. Pursuant to the 8132 Mortgage, Lender is entitled,but not obligated, additional fees and costs,including all other interest and default interest,whether to advance sums to insure, maintain, and preserve the mortgaged property, and incurred by Lender to date or incurred hereafter,incurred by Lender in connection those expenses are recoverable as additional indebtedness under the 8132 Loan with the collection of the amounts due and owing under the Loan Documents or the Documents. protection, preservation and realization of the Mortgaged Property, including late 26. As of October 31, 2023, Borrower owes $34,546.73 under the 8132 charges, expenses, attorneys fees, and costs incurred in connection with the Loan Loan. Documents. COUNT I—SUIT ON THE NOTE COUNT II—FORECLOSURE OF THE MORTGAGE 27. Lender hereby realleges and restates the allegations contained in 34. Lender hereby realleges and restates the allegations contained in paragraphs 1 through 26 of this Petition and incorporates the same in this paragraphs 1 through 26 of this Petition and incorporates the same in this paragraph by reference as if fully stated in this paragraph. paragraph by reference as if fully stated in this paragraph. 5 6 4090-1889-5503,v.1 4890-1889-5503,v.t 1'7 E-FILED 2023 NOV 08 2:12 PM JOH14SON-CLERK OF DISTRICT COURT t s ;-- �— E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT 35. Lender has performed all of As obligations under the Loan Documents, ZUB DEC } I AM 9:foi,REFORE,Lender further requests: including the 8132 Mortgage. "' r (a) that the Court finds Lender is entitled to foreclosure without r.-•� , i f redemption as provided in Iowa Code§§654.20 through 654.26: 36. Borrower is in default under the terms of the 8132 Mortgage. F�`'y r i F (b) that the decree forever bar and stop each and every Defendants from 37. Under the terms of the 8132 Mortgage,because of Borrower's defaults, having or asserting any right,title,lien,interest, or claim in or to the Mortgaged Property; Lender is entitled the foreclosure of Lender's interest in the Mortgaged Property. (c) that a Special Execution issue from this Court directing the sale of said 38. Lender's interest in the Mortgaged Property is superior to the interests Mortgaged Property or so much thereof as may be necessary to satisfy said judgment,interests,expenses,and costs; of all Defendants. (d) that a Sheriffs Deed be issued to the purchaser of the Mortgaged 39. Under the terms of the 8132 Mortgage,Borrower has waived any right Property at execution sale, conveying the absolute title to the Mortgaged Property against Defendants, and all persons claiming by, of redemption. Accordingly, Lender hereby elects foreclosure without redemption through, or under them with a Writ of Possession then issuing forthwith to put the Grantee of said Sheriffs Deed in immediate pursuant to Iowa Code§654.20. possession of the Mortgaged Property; WHEREFORE,Lender requests entry of judgment on Count II of this (f) that title in the Mortgaged Property be established, quieted and decreed in an absolute title in fee simple to the Grantee of the Sheriffs Petition in rem against the Defendants in the amount of$34,546.73 as of October Deed,adverse to any and all claims of the Defendants; 31,2023,together with all additional fees and costs,including all other interest and (g) that the Grantee of the Sheriffs Deed be declared entitled to quiet and peaceful possession of the Mortgaged Property as against the default interest,whether incurred by Lender to date or incurred hereafter,incurred Defendants; by Lender in connection with the collection of the amounts due and owing under the (h) that the Court order, upon entry of judgment and decree, that upon application to the Court, any surplus proceeds from execution sale of Loan Documents or the protection,preservation and realization of the Mortgaged the Mortgaged Property remaining after satisfaction of the judgment in favor of Lender herein be distributed to junior lienholders and other Property,including late charges,expenses.attorneys'fees,and costs incurred in interested parties in accordance with their relative priority as established by law; connection with the Loan Documents. (i) that the Court retain jurisdiction over this matter following entry of WHEREFORE,Lender further requests judgment and decree: judgment and decree for the purpose of entering any orders in the future,including but not limited to the appointment of a receiver,upon (a) establishing Lender's Mortgage as superior to all other rights, titles, notice and hearing regarding same, which the Court may deem liens,interests,or claims of Lefendants to the Mortgaged Property; necessary or appropriate;and (b) foreclosing Lender's Mortgage for the full amount of the aforesaid 0) the Court award and enter such other and further relief as the Court judgment,interest,advancements,and costs; may find Lender entitled to and as may be just and equitable. 7 8 4890-1889-5503,v.1 4890-1889-5503,v.1 1 I � � f E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT " '- E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT COUNT III-SUIT ON THE GUARANTY 20L] DEC " I AN 9+ 58 /Loura M.Hver LAURA M.HYER(#AT0011886) 40. Lender hereby realleges and restates the allegations contained in i 3, Direct Dial:(319)861-8742 Email:lhyer@bradleyriley.com paragraphs 1 through 26 of this Petition and incorporates the same in this '' of BRADLEY&RILEY PC paragraph by reference as if fully stated in this paragraph. 2007 First Avenue SE P.O.Box 2804 41. Under the terms of the Guaranty, Guarantor is obligated to pay the Cedar Rapids,IA 52406-2804 Phone:(319)363-0101 indebtedness owed under each of the Note. and LEWIS I.FIELD(AT0012273) 42. Borrower failed to make payment as and when due under the Note Direct Dial:(319)358-5574 Email:Yield@bradleyriley.com and,accordingly,is in default under the Loan Documents. of BRADLEY&RILEY PC 43. Guarantor is jointly and severally liable for all amounts due and owing Chauncey Building 404 E.College Street,Suite 400 under the Note, including Lender's costs, expenses, advances, and attorneys' fees Iowa City,IA 52240 Phone:(319)466.1511 incurred in connection with enforcing or protecting Lender's rights under the Loan ATTORNEYS FOR PLAINTIFF Documents. WHEREFORE, Lender requests Judgment on Count III of this Petition against Guarantor in the amount of$34,546.73 as of October 31, 2023, together with all additional fees and costs, including all other interest and default interest, whether incurred by Lender to date or incurred hereafter, incurred by Lender in connection with the collection of the amounts due and owing under the Loan Documents or the protection, preservation and realization of the Mortgaged Property, including late charges, expenses, attorneys' fees, and costs incurred in connection with the Loan Documents. q 10 4 89 0-1 889-5503,v.1 4890-1889.5503,v.1 • 1 I i 1 E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT 6 7 V �^+ Jr ` E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT ,ll..rrr..=st 7013 DEC Hills Bank COMMERCIAL �L x A w.nw rauwYrema�lWaemmw.aryPmm:ww,nrwewewmdmNro enATmslComppm VARIABLE RATE � '1 -'�'r �• �,m.N. dam.mL.�wM1wa Yebel RI[ NI I�b pwNnr my oM1EJ,Amv deeamJ env wanerm v rJnwmnl b feeder rultirud m em Nom.wry exnRlY WYumenl w env Ctwt ui',wus�„:'a'a w•J PROMISSORY •-'. 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ISADLNIONALTERNS! WPAOYIE0. DCalmla !P/-TMavaaraWrrOI Wk9]rrrw anKtrY.w.• r.�••r4 hati I.W Ta'rnr Exhibit 1 to Petition Exhibit 1 to Petition E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT - •- - - E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT • � I Itl 1 �IQl��� 7023 DEC fi I ;i i � 5 • • F�DP[la: 03 pea1Me41 To—¢EN Abrl9av P ngm.nbli e.mM eu9m '.WY.Nxw[W re aw;milel�ppP a:as An bwu-[m.m.lnn,nlvawea aom,b, na nwnmoxe ny,,. In .pert:fei.00/�1[el 1 ' mu,l mrermnl rld epm x�m Lmdaria w¢owaa aN wvyl.wlabvu NIPeP.In[Wn<aun[I`vrR.cord., 11`.m OBLIGATIONS.n,m AWyay cl,.I.ame p,a prymenl pak�nrur r al pma�l sd IULve uuMa.Gma. limik., -4339 -712.718 �a vmw ve uw daapoaMnlDwvl�mW NV'nlg oilb Lmdnp ab le)Iba IMyuDe n�a e,a lo.vn•q P,ar..,>vy nom.mNmwaaamnnD'. ( dfT PT ...PIDNi7PliC.-.FIlNOw6�eATORrTY CNUMU R IOAM. RATE ��{rXO�D��N,' �pq�p1 �ATE -,N41M9ER NIINflEA. 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Moorei Rills Bank c xruet Company Fi•'IIPa,aFa„f�onawal[,.•.Pw,m.rwD Wa,,lw..nr.+ara[r�w.•aL.w..arw un7q. pµ eev.earanwa r.w er•a�P u r.n+l b ae.m�N mlml w II n,-n i-a-..—N r•, 131 Meia Street ,t1Ygap r„I- — ealr.CM•/']-1•F r�+ay.L�'wV y...+ml+r,.Y nPtr7'wr R r.r�+ Bill& IA 52235 ti rr un rNwler.ml Aly;ear.wo.•.,.,re'par+rl OAa rlA a*l cn rp,M��wavws hmsr (319 79-2291 aYr n✓h+A.Irrn.erw eaaa]Iwmux....T l-Aw, OD.�SO t,ee TAXPAYER:All—Rvmos, Ina. la.'rewaa a.tw•Narµ ww.vrr,ed[darnnlaarrr air rmeaaw+luwya.n.*av+y •Y ee,para.4vw NF lilt}I.naarR •ebYwN.wvN.W o-,)L gL]!S,_J,G., U77 Ac uaw PO Boa 3974 s»Iw.>•.ail-ra.[•..[nyrp,,..ln„w[rvlla,e.enlw,rlNti w+�wwrs.-n.[r[r,:r,n,.r Iowa City, IA 52244 r.XfIA[uMunal[f.w.nwxlldAwCOvrwlr'1..Ly�rol nw'•'.r..n•+.xd.wsrt-•f.•r 1 LN Slsm..VP`rq b y..Y rr,RYY ib bile Plapeny•N!•.,aaaPl/•N My,Y[tree W el fem.^eaaiW minwla. 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L ._ 9 IDENnRCA0 NO :^'_,lII Irremaa..YY nnWal/Nrynweli.wYYM[{aerlCM[f,e.b'RrrVMM•I'Nli,✓^4 .... . . t".=_ �� Nl M.aar laa>r k .w..rl 1.•wvlr.[ar�'F E.aa+4nr.•N.o-.w.t�.ra uw....cmw m _ �N��r��T.ww.ra.r N.w•rw�.en.v.lwrk,.wi.,rw.,,.�,.,a,l..w„IIrI Its Xomas, IIDO. �OOR✓:J�%TD�" — (.IMr.ynrrrw.ekO arN+ApYAra,r rmrw.-e rl•[rv«ya.ya.Lq i.Oc.P.ww1A rY 40 Wrrx[ve,w yrnf W.w[.a r�.b vry eueae.,ap�eem,umun,e,eae W I.,v mnue[I v eav Pplomml bn.pX W M wev Y AaN�y['a'{Ilwanoua M ueaY[7 x1aU nva+l melmary aeG M Provvry w Ln,.ef.Nlea w n n na-r'i►su,rnM Lvq.y WI IvrvlMaraa eNr4 o-!NwP Dobenprr eleC Ir oven ImdvLe In ma nwllPgc tanort,m s Mlple ao[f4Aay.AYy,�a,ryN..e.a+e•x�lW aN.rrw yr• K[A•9 M V M -1�•W •vsrA..Na[n LlyLyo-w,aY.n rd Wbe n.Wrf«arrlr N a��> fr�r�wa�.awyabs��..h.r.•wl.Y�,.bn MurMay.mwwl.W+w..q'hv'•+a w • :•+F _ _ �4w.YwtwyT�nna,.0 wrnyv nra +Ml4 w,r.Y.ni lwa4Nl riw�ww�MRw f=oNw.Cli],, IA 52244-3474 ■IP+NrFERi w nq ROFCFn 9R DfJirap4 Wlu[9+s M MO.ic.AOpa rM�LIMIDN[Rs n rr rwn m o eaw, ILe1Tl1011[Iq AiFNTIFICATIda NO_I, wFlnn w%rl rw F ew."wnv r ary a—r MY PaC•,ry O�Al nfrla4.A v env , Twla,iv w nenb..,v q[rga w Iq a,rtrr oran v ra,wm ' fM•rN9vrAaw Veer..r{Y x[w•¢[+.•,•a.[talc smrar rqa MYl lra••wwrm�r,aew h.wraw0 GRANTEE(LENDER):Sills Sank and Trust Cumpanp ["•xar 1.N.'.v.r L>nmcr r�wv`ae""Y"•'� a�`M1ew a `b' 1-0 -e M rrvvnnAna y�r/Ye�'a^-r''go-rw PFw•aeL.nd¢au r,eLvir+P„{. b.of Ab,w ,.wu.ww.Wa,/1 131 Main Streat Wr[[ry 4n.w•I.w.a LuraRF wlu+e.r.wnrra w.rL.llw rr,N urvea.w»rk�sAanp 4T.re}A[ Sills, IA 52235 7yrA errmR,v>an,n.agp�.►r.e.`aq..l Nll..rrys+..area.lvr�® •Lfurf A4o OT,ac AOYrlsrkl4.VwVa]v F'.i„Y Warlaywmy.am.wa•wawvP..e �m REAL PROPERTY ADDRESS:3066 River Front &state r.'-���Afv pww.�r.-�I.ra�vn...L.w.wwgw.•.Paealr D.�..�..qs .+a Iowa City, IA 52240 r•M Iae DlulSn ar stye wry+w..-rw..v.[wa'r�,wk.eyw'e,wlw+r wF u+•�Rt ea�,rpy�,r,y.uype.l[ga[.pnw"ne.urL.axw aw•Iwy.paiyti.w.V..Iwaww myLaw LEGAL DESCRIPTION OF REAL PROPERTY:Sea Schedule A an Page 7 1.t,a eev T�I rFOiiii°"-.rl""'�"'r'a'`•9 L...w.rw b rr.vorr+H J6 .w r�..ranp,.N ovrw 1.y,ay.�ee.:wArmmafatp.[. -.aaa vr-.na.au r.ra W Iw.w PARCEL IDENTIFICATION NUMBER:0727251002 a,I•,Pa`y .r..a F--.1 a'3 �`�r a.a l.a.. lwo,rnwHs Atray.�rvnr.`•-.Erie[•,:,1 IW v w+Arvaal aaNp tr rr fuyay. 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M 1W NNw uaa it YFY 7 ue.r rl.rya a yaya pn.-..n ii.APPLIGPDLE W..Tlra 1.prropc ahW!O gwurtroa Vy pv aw.d can ebb oI 4rrn UNw.pp¢ade w ywen mlwrwM1o, 1-•M°rNr peruff wrrewtlRWel wL M1axggprcwmman Omjuriacbn rrHvemn of mYLTM^sebclmby Lrnaor,In Na¢b6smclm 6rama In aulsbs In.r.s�+.ne.lnna wr.m...+rrwve�y.wrw.aa�PrepinabnerbY.Nq,rWOrt W raNraexea ietllrr LT.+w6r rerVvr,p wrenrvxw.•.1+•s.L[re.rleere wrw.n eeerntlLbwr• TEND THIRD PARtt RIONTS.Ibyvam bd drill Ea aeiN carry pvvMNry tlarYpwmandVq MorteeNa Mpmaurm dVn pa r[vaa Y Y a ry1.•Ye apcRp m On vdlw pl Uw Rgwrbr,m N Lmam,b Dpa1 Hsr mbevr r9 pn N dnw d InMa mn NmaV utla•IY W Vw Lvxil o p Ir��V�ro�pm�YNI be rnlmN m mauve m o.pea Wx iiarynxr�4t:Y.�.,.Iw�Jln•�•Irprlynew Y(rYe.r Lurmur wal worvvm cmmrnl wpu modlubn mly pawawi>v e n Je 4ecroonL N Imrtm Or ae=Dca Ox[vxne Or 11.1161leWMM♦Y LWIL[rl'W.0111I0MIT,N4'a�rV�w+ff Y b•vr.>,MMp.'.s.•a qre Dr.YRe.Oree sw nKurKep/w rwwy-"._rwae MArryr•1•nM1r rr•-[+ Ora�Cpa wryPen r=r.r tr�eraf..er.rwer rv....le n.rrn N hwa-r-,were++ore.Yw rrrNahwweaee-ns•need Oabwtiy rroaSp-eeanpe.F'p��a.Vlnl-WnaWenl M4c+1j N-r y3.rY rllrnN[ri P,[pA-f[a[.pnLY.huw n.niy a[rr�+ni^'q :1 'W • ObOwv n+...aWVY Am wdlelrrLY aY,aulr rcyaaerea urea In.mvla aM neM1ldY/T.lavr y✓M-r•brS-mrr eV pavd try prrw xw,Y[a rr r brl e.-an•cre A'rwmGr!erraPi•I-r n aw araw`�"P:fv'y rem.we..wsf:wrcc+r.Lwml•+r.wrrrv+rwrbr.a.Pr daYYrr•,ww4oL rvr.paprw.l mwa�rfvMwlp.L.ia m bwnreYnel.q,q vuowa:.•w►NfW lwearax Wlren[N D.vnRYcwer dYr.�wy'!'Y•.axw G.rnwr[ f ern vnra sw awnw.+rd apMa'a+v.da[n KI•l�wvv=r+•v.ee ewe wwal r Lrtlw err Lnlw•er PPwm p ISulka m�>aarq an FrnxPY d a r.�r b ..v 4....;n.v��r w L••r•-n•m.r.w n.rrkaw vranwenar uw...aenrrexgv.d,erm .x .we.a.i•..,ra�✓.•rw;.rf d e.mnpwr .r.[•r.• - mr�.l...,r.rn m.4�1•�r�r«...rr (p,r.rr ewr w""-prrr.y M MlNarM1.rpa[alrf^S ore r eErw4 b Kr^rrr tl.NlLalrr rm• Dlrjaear A•a! xa•'la7 e-mae4wrr-wn.i.a 7.atia-..l.rgaw l-w...a H+4•�0 Irml waPL plraee-reeay.eW3 t+T./ia pTgry wn.I nr�/.aD wfrnau p0lenw.�VA'r M.a+Iwlsrprnerylanle.vperEvmaLYk*elwpadeo�arnn.f.l[swrMlm�`- aWxrymaraw�.dr5 LaaTfiarfd•efls lNrW vwrrr.rn.rw[v.:.ayHb�v«l.ro<w.p, x m+[.+.afci Iron w wl�and pertmm.R rAa i nee x�pDa>oaea,r�.w e.ram ro aNw,n ewgaDm ICY n.aw d^.r-w w.rp ri I'.apinr nil M ne uaa Mr.e.+.pc.ary wlk as e1Ewrw+r.wa.,.r. ay...•vwl.•af r++sr..w r►.w.r w.ws m - N.IC+i' k raemnwP b pw:m wsH nl p?:aN�arww o~�r rq lr�a do rrar.y aar aapN h aa,r aY ar.rr.+dA..avvd.y-.w e.arne.a •�'�'�^^ ea+rec tr..,•w-wr.-..�xrwa=.ulrw ...r.., Exhibit 2 to Petition Exhibit 2 to Petition • � ! f•na E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT a A - E-FILAD 2023 NOV 08 2:12 PM JOHN56-CLERK OF DISTRICT COURT x AGQIC W,TURAL HOMESTE Ao OISCLOSURE: MORTGAGOR UNDERSTANOU THAT HOMESYEAD Thy �+EC ( T �Y PROPERTY IS IN MANY CASES PROYECYED FROM CLAIMS OF CREDITORS AND EXEMPT FROM Z573!{} '7 7 {F'� {.• [� JVDICfAL SALE;AND THAT I SIGNING THIS CONTRACT,MORWACIOR VOLUNTARILY GIVES UP Ll [ Cif ,,,i• 58 MORTGAGOR'S RiGHTYO TRIG PROTECTION FORTHIS PROPERTYWITN RESPECT TO CLAIMS BASED UPON THIS CONTRACT. M COAIM r LOAM.0 0—t.:.+ww. vw —Amssmae. 2008 �YltAln mrryap.'yn 1.1+M rl Soci,w SSa oax d.n�.,..N.M Ca,rr.wl C.w ' ....a..e wrs..�«.....ode r wu Iwo wcA r:,....�.an w,.e.v-+e..�••...... , •�>•m•r,¢c1^/Ax•ee.,rrwyJSrM'Jel.IFYNr..r� .__ . ac wlcNAEFMGrLY.p9 Yu,rca.A s..rary.p.a.P+wwew.y^'M1•1• WRTGAWR:Allen Homes, Inc. W.W ROF bciA"F WL-ft 'M-K/ rwr,ww..,� rrnitr�••-•.n Awryogv NJRryWc• w.+Tu �.AARCiAtt'4aV1.�,rtl Centel lPre w bwxaY nKaF+ea Ayryyr wrn Mwtwx ur••nN rayMA _ w .pf0°e°... rw oor"wMn+" "'u.s a wl:�...�.mNi�v�e�•�.c�• r`�"..avi g pyy,��'p yAC�cmlyµyLW�xLevyaFxaSL�.M Fu14+9b I.s.�.vw.+.r wxr i�cgQ�.�. �11C�','PF sSQC'LLL7Vk'7tSlTAS75a� A NRF S10AL FIAHlA.aFAp[Ia A14 MdR1nA0a1111[1106Y wAr,Y ANT ICOb1 10 TRIAL BY JURY IN ANY CIVIL ACTION LgRTOAWP: ANCIA00'J I OT.ON♦f AfFb ufOn.INN AWTDAQE a4 AdpITnYALn WRTOAOOR IMPORTANT: READ BEFORE SIGNING. THE TERMO OF MIS A&REEAAE+1T g»DULD BE READ CAREFULLY OEtAU_••O ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER Y ERMS OR ORAL PRW LSEs MOT CONTAINED IN THIS WRTTTC/!CONTRACT MA.Y DE LEGALLYENFORLED-YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMERT.?415 lrpa 1prool M(y'FX:E Al SD ApPL3F,5 7tNY OTHER CREA F PT TKA"ACTIQUI H�DYIW EFIECTDETYfECNYDIIANO T,NSLE DEW NpaopQ acNxnNMpm dW Moilpeaor Iw rc.a amoam.p, A.W—ro w Imn.aid a.wm,oI dxs nag.p.,.nd RwAYn.auu l.c.'slaonn.alrwrmaan.. NOT11GYrIR mbdds Sth dnO AUGU61. 2.008 NOmC,rAR All..HObes, IaO. NORTOAOOR 9Frr lRYR�+fsargarlvP'J�raaa/eec wfAr¢.DaIA .,wTc.00. w..o.ao• STATEOP T T SS: c "or d On dAc day al ._.haws mc,dxr uMmclOnod.a Nobry PuNk F mItl br sad cvunly RORiGwO1L and Nala p�y.WSM _— b me Wrwrwey known b be do idwldcN person named bi nrd wM ececaled dre xxlhin end Ioreddn0 Iminmenl,AM iplWbOp 1 dul hA Hhel e.ealed Ow Acme eA his(Rw1—.0 ry—eM deed Ndn dwpR .Ndory PrAlk In and rot ANd Cwmy and srr SSAMOf } ApcTWaw �66: cOUNTYOF PI AF wr,J before ma,dre uMangneq a Norry PdAc in and f cad—ty rM fur-luasu�xRaWeO. IWfaaDDR , b n.r•nPl.ry rwwA.Ae b•QGI•tlr.dJy'cr.an5 id>,•ItM MS+�H w W TArPafA aY a parlrw+ayp,r j Nnl the nalmm,nl was ilp Nan babNl oI dlc WMersHp by ealMdly a dM parbcn aId Nx:W dma u 1hnvA4'dynt N Iuw AMI—hle•tlw µAaHry Ap anlpnen W drp wNdp by II Iad by 0,pedrws eaenbuey eAeavletl w..� wwrti,.I... .,.w 1A•.c.lra m .NObby Pub& 1 ° wand roraAd cwnry.dsula Y'ww•a•Ad.,•..rcar..tiu.wlnaleaf*alw w... Exhibit 2 to Petition Exhibit 2 to Petition I � E-FILdS 2023 NOV 08 2:12 PM JOHNS*-CLERK OF DISTRICT COURT D E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT STATE OF IOWA 1 Johnson 1 Ssl Modification of Mortgage Note mA �F 1 108 GEC I I AH OnM llilippy q. AytlUn e. ?0{�_,byme me,aia uMuvlp,wtl,eNohuy PuttleNaid lm wkl ready 9+ 58 Fm UceNTru�mcllenl Tut ue ka e'aelLumre-U�n NepWelbnT andeWa,pmmyyepprand Jcn oe .7. Al lCn Lcndc= Hills Bank end Tmsl Compony,Hills,Iowa mmpmarttlly kmw WabxxWbymsdu1yewmn.did wylbalmeyaelhe ' - Bwreerr' Allen Homes,Inc. mspeadv*,or wd cmp—U n wectai g out eam'n and bragaltg s M-ok awl,ed kgypeaa sree.4-d wr I WO N"lla pyppey„{yppryrrpid perefw M.n`r.nn<ex r++f.+.r _Snf:.^.F a. At inn I.m•a $132 a wrM1 orfeen a:kmxWxdgsd we sx—don al said ImtameN to b aw wlmlYry set no dead or aed comamson by In and by au m Original Amount' S90,000"00 vokmlMly exended C.—Balance: S82,35772 S eeay ..�P rra Vein ,Nudry public Ina mid'-jon 00 payment la the amo.wM's 0A0 pyd by Barro+ttu l.rndu,lh:lama and relnnnmsl `ri M R W ofthe aborr-referenced real estate mangoge nmeare hereby modified as bilows: Upon refinance,Lender will guess a prepayment penalty equal to3%orthe bahnce reftnnl W,ifwilhin 36 monshsof Jlc Mneif aka Doer,254 brlween36aIN48mandnand %eth,emliereftMFirst Charge Dye er M>twiy pate.The prpay+nc+l penalty+.ill mly Lr applied wher the principal balance oflhc loan is rcklwlrcd:t-Ni'a fmncid insl$Idion. r,s, eApcaxq trhr.5.sr,[+a Ecktha Term, Mndlfted Terms ]QEb R1Yer Frent d£ [eCtl IVxa Cjty, 1A 52240 Ram: 6.Oa3:VP, Ratc: 3.950% i1,et>•rrar..x Y.:iw.'umnnxercea�a rr.payR Q7;72510Q2 In.WWI$q'a'cn Jw—,,k'.d Iatlp C-.y d j-hetsyn - Role Chong,Date: 8/102013 Rate Change Dale 11102019 Eat 15, as more pparticularl shown is pgrveyy of a portion of the firedpapbk mrmmt 0r.yalsblc vm many northwest quarter of Beetle 27, Towas�lp BO North, Range 6 West Existing Maturity of the Sth P.M., recorded in Plat Book 11, Page 23. g Y Date: 8/I02033 Existing payment Amoum $584.86 New Monnhy: 11/102028 All other terms and conditions ofthe promissory note shall emaln unchanged ElfmWe Data:1 211 02 0 1 2 Hills Bank and Trust Company Borronxr.Allcn Tiomcs,Inc. By.1MPROV �� By Jesse 1.Alkn,FlcsidcntNPrrrsas./Sec. Prepared by:MIAOED 1/1 512 0 1 3 Ia 1.1m Lmdia,Stun Alkr,ipiina by dI ben—an,plan romW to Rate cprnncnl In non Vwxy]oM.Mrrrecr•stew.rakta„wlalm{nyraa tnprer� Exhibit 2 to Petition Exhibit 3 to Petition E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT y■■ " 5 923 GEC 1 1 A i -9 � Nil■s Bank 6.DIRECT AND UNCONDInDNAL NATURE OF GUARANTY.Ouelanla a(SYq Ibra era bred eM rrmltlilerW e•d meY W Wwrnd—A Ap ,R LeMerrom act mrwcA ae>ewun enYlM;a IwrWYauarNlany 6arwrtv Cnpuelenlar,IlWdlerty,«enyfwdAY«CNY.Iw.L a IYAseseL Orrrrr nwmy ne•n non Y rr wrta1XU Y r Olrry,rak•H Hewn rat rfwl•,wrna a vw11 w nu f< andTWComoanry frog UNLIMITED CONTINUING GUARANTY JI.nTrw c.mwm .. 1. liliy I�A ix,s _ I cdoATUrFp YUAANRIr.TfeaP—wa>'r•p R 1Fafrr�ad eu tla/eee;rvleb E.rrw erlM•rwa ura rphl b rapvA wl.^r I - 11 LC,UER• O`f•"a�'�YN+Y a/v.'sF yTr CppyfLpbl>Ip+.>mlru>[+rne0e brvry sewtlVa en , I w u6'a�[.Hw1'4c�.wcanY uwsTrvrttl�asaanbwgHlyasrsdry GYrKn. 1 p,fyp(r�prp[rAlAi,M(y,ey pYtl YyL o«ur rNor mb Gw�onry b Mo wve I.•wl eery Guera,vor ty sss n pi r'/ewu•Irdr w 6w1•'fr w emy OYperol a LwYer wino am fwAavrar sun nmowA If dro el mearry q acwemmn w I. :/w W fLC' rrl a m+uurn b Wder mraeME m>ny ben dxwnenl a Ors Gueremy w mr alas« Tasr•S.All.n All•n N®er, Inc. 1l�.fr.b✓a.liWuf.r ffyyrywy1r[Xre1pNUPb^OWI•.Wabblcvr IN>Nccmmorrafns Wv nLYMrwCWWrwVawlrLbdlDo4t •Via ype•y dL.,nel,emueys,memaEur®Oof ua'n ppnsawn rf rnaserW rer.•n•L vr.gaRl fatl, IAI Ta.tN-+Mn4a.�lurlM.a+.wn>vrlu WaobFClp LbXd�1MIMa�Dw•awceu.anar . 10 ara a�ISD�r•+.'�k^+F�>6rrrx�.en.L n+wln�l�wilr ..wu.f.ffgw.f w r. uLtnr Ia am Wx Aer aODRFss ADOREss nA a•_u1NwvexrWevrrbMa�3vvuwae+FnS>✓,c� Inl � aYr wayYrWl wsC>r ne v.Lre d eery mblwel ezaryT tlo OwlanN,w larder w rpd IaNr a p,•[xw pFapewenawf VIII Narcelde Drive,Apt. 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IWDRtAIft;READ BEFORE 315111NVi THE TERAIS OF THIS AGREEMENT SHOULD BE READ CARE FULLY BECAIZE f9 NDTICE Aerrap•«mw eanr>raulm beewavdotl rmp wrenly ewle•af waft'mb>rrlbm.IYRmf ame aammr>-,awcrawfm ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN ml�G.erary w fun am mvmsma w pelves mq cmgwY In w11Yq Nan ore to Ina. THI S WRITTENCONTRACT MAYBE LEGALLYENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENTONLY ws Aallrv.11 neV pvvNbnd mn Gxeredy Hxweia fxgel aw+wdor>mdo,wwlwry.lopulry,a,d erawcmboy dae lwre:r:q aw:>brz BYANOTHERWRITTENAGREEMENT.j IIOTCY ALSO RVPLIlSTD_IM40TMGR CRMEApcIClA1�f�SBXC03TT s IIIUnen'y weymen>aeaa>rpetrmmerxvy. �EXEI/PTTRAf1RFCTIQ�+$� 1Y•tj{ FECTSETYIEENYQy�BTLB(LENGER ]f.awy�iLCLAfY.lira dnv)Vsn�wwe+nWbb•Ia tr awtl,Tot{,__.. nw ORICIDJON'LEDOESTNATGUN NTORHASREID,UNOERSFANDSANDAGREESTO THE TERMSANDCONDITIONS OF THIS GUMANIY A^•r� O•e'�b'IX'4bbY'I Ir"^�^ '1•M�r1� r^ l� O%T r pr•wp>.nr.>•rraN XyisNrvl•:ceF.J w. "4 G+nuri BO-DINGTHE TEALLN AND GOv FAILURE By T OTHER ERSESIDE OUARANTHIS GU RANTT.GUARA TORAC TYWITH THE FL CDFTOFE X EXACT Il.COMIC leper T1 r enEn r•K O.I.w.Y b•sue•f Lp>ep sry•a.rl d,.a•NAwpaO wr•7T r'p'de r.a M UN^•A+n• BOUNDNOTISGUAANTY. YFAILUREGY ANVOTHERPEASONTO sM>NTNLSGVARNNtt.GUAPANTORACKNOIYIEWESRELOPTOFPN E%ACT [4.Y"FY:••>TII•rfL•r••�>••II Xfhnrff IrftMNp•A•fs[an•f mfll(mYrMOYwR.,3 VfIK eOT aF THIs cuARANtt. T .arAISRNTAnOI>b OA GrYSAANInr OrrwlJ atylo-Lftnf rap��yI N rraslLle eWNwf Ysr n YJaAlp'Ifrrr 4 h net>avl a M nerle:1n1Y 19, 2001 G.ww•v NY ryrrss vr>xAn a LaeliL m iriira Ar[irfMcyisarsrlW bR w0.w' aglyy iluue�w O_rlro�m Pfr rNanrr.�>.E�ssce Y•l Wa•:r ply O.wl Yf,sryrnnarrlH ysW lMbarvf+r/¢urmwn4.lrfr LYa niGAY�/r,e•elwrV.ww DUAz HOR,....e S. Auen -----.-- I•�FI.ycTlf.U,Op%•1 eiNnnlew b W p b�> 6 LISX i w aw �W rw+Mv Hr��Irnse �rrr��� war� i...J.l.AYllR 1>+�i~r awl N�nC aWd Afr/>We'.f U,,, a�Q.ae,wq ull`DFRKGa M.Dwn aWMLACTION—I eN wy,IAN— GUA-- nir'�LWkhNDDUAnAAIrITISF,R[rY9YAwlytYanpNr iOg1RNL>1Ta1tRTRl ANYCMLACIIOH ARISING DUT OF. ffi ADDRIONALTERLIS: usurFr Ann wbyp Iws1.11r�pel ,.ass c.w r lmfe A•sx Exhibit 4 to Petition Exhibit 4 to Petition I I E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT E-FILED 2023 NOV 08 2:12 PM J0INSON-CLERK OF DISTRICT COURT BRADLEY&RILEY PC -•--• Bradley&Riley,P.C. Bradley&Riley,P.C. TEu:PI4ol4r 319gG61511 jm� IIFf Chauncey Building PO Box2804 lff?] (+ r I A1TO EYSANDCOUNSELOaS FAM319J5&55G0 t1J IJ, 404 East College Suite 400 2007 First Ave.SF, U1 6 lC J f AM � CI IAUNCEY BLDG.-104 EAST COLLEGE SKEET,SJITE 400 DIRECT DIAL:319,358.5574 g IOwA CITY,IA 5224d371q WAII_If[8d bmd4ydleymo Iowa City,IA 52240-3914 Cedar Rapids,IA 52406-2804 August 30,2023 Allen Homes Inc. NOTICE CAP DEFAULT PO Box 3474 Iowa City,IA 52244 Allen Homes Inc. PO Box 3474 Iowa City,IA 52244 Door Mr.Allen: Allen Homes Inc.is the borrower on the fallowing credit transactions with Hills PLEASE NOTE:RELEVANT DOCUMENTS BEGIN IMMEDIATELY AFTER THIS PAGE Bank&Trust Company("Hille Bank"): Loan Account Number: �9913 Original Balance: $850,000.00 Payoff Balance: $761,646.45 Secured by property at: 219 N.Linn St.,Iowa City Loan Account Number: AM, 132 Original Balance: $90,000.00 Payoff Balance: $35,204.21 Secured by property at: 3066 River Flonit Estate,Iowa City Account Number: Wh851 Overdraft Balance: $76,199.58 Secured by property at: 3066 River hont Estate and 219 N.Linn St.,Iowa City These credit transactions are also secured by the Unlimited Continuing Guaranty of Jesse J.Allen and Assignments of Rents. The above-referenced credit transactions are in default due to your failure to pay the amounts required when due.Accordingly,the above-referenced credit transactions are now due and payable in full.The payoff balances listed above, totaling$873,050.24,are immediately due and owing to Hills Bank,plus interest accruing from August 30,2023,forward. Pull payment must be made to Hills Bank on or before September 13,2023,at its address shown below. You should contact Hills Bank to obtain an exact payoff amount before remitting your payment. 4889-8848-8482,V.1 Exhibit 5 to Petition Exhibit 5 to Petition E-FILED 2023 NOV 08 2:12 PM JOHNSON-CLERK OF DISTRICT COURT BRADLEY&RILEY PC August 30,2023 Page 2 Z023 DEC I i AM 9: 58 i Failure to pny the balance in full on or before Septembox 13,2023 will result in additional sunls due,including late fees,interest at the dofeult rate of 18%per annum,and legal fens and expenses,as well as foreclosures of the mortgages on the above-described properties and a collection action against you.If you have any questions,contact Hills Bank at 131 E.Main Street,Hills Iowa,62235 or(800)445- P�LED 2023 NOV OB 2:12 PM JOHNSON-CLERK OF DISTRICT COURT 6726,or Lewis I.Field at(319)368-6674. BRnnLErF&KILEY PC q-11-1 WO Cwwxctt nuiurvo FIRSTCLMS aauL F P. 901E Q.iva'm.5 m900 - Sincerely, ,Uszzo $000.63 p4o U �� e431A3UD14ye j %s/Lewis 1-fYeld Lewis I.Field Allen Homes Inc. cc: Hills Bank&bust Company PO Box 8474 Iowa City,LA 52244 I 1 Exhibit 5 to Pefifion I 4895-3330-3675,v.t Exhibit 5 to Petition