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HomeMy WebLinkAboutLawsuits Kellie Grace From: Kellie Grace Sent: Tuesday, April 8, 2025 2:40 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Cc: Yulissa Vargas Subject: Case No: EQCV086283 Attachments: 20250408143652.pdf Attached. Thank you A UNESCO CITY OF LITERATURE rKeffie 4race, CVC City Clerk office:319-356-5041 410 E Washington St,Iowa City, IA 52240 wWW.ICGOV.ORG 0 (D0 ' ' FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV.ORG/FAREFREE 1 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION F/K/A UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, CASE NO: EQCV086283 V. GRACE LOHR LOCKE WARD; SAMUEL LEE LOCKE ORIGINAL NOTICE WARD; CITY OF IOWA CITY, IOWA; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 1914 Western Rd, Iowa City, Iowa 52240, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action.This County utilizes the Electronic Document Management System.You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice.The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, Iowa 52317.That attorney's telephone number is 319-248-7164;facsimile number 319-665-2197. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 (1101). (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. -^i i Cti E-FILED 2025 APR 02 2:07 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV086283 County Johnson Case Title GREENSTATE CREDIT UNION V GRACE LOCKE WARD 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 wwvti,.iowacotuts.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 u:w-w.l.egis.Iowa.govldoeslACO/CourtRulesCliapteri 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.iomacour[s.eov,"fot--the- ubliclre i-esenting-vourselfi rotect- ei-sonal-i3iformaiioni. Scheduled Hearing: c. c• 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 �vw"-.iowacow-ts.trov/for-thc-publiclads/. Disability access coordinators cannot provide legal advice. nate lssuerl 04/02/2025 02:07:26 PM District Clerk of Court or/by Clerk's Designee of Johnson County Is/Christine Roselund E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION F/K/A UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, CASE NO: EQCV086283 V. GRACE LOHR LOCKE WARD; SAMUEL LEE LOCKE PETITION IN EQUITY WARD; CITY OF IOWA CITY, IOWA; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 1914 Western Rd, Iowa City, Iowa 52240, Defendants. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (or THREE MONTHS if the petition includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO FAMILY DWELLING OR UNTILTWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING.YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE.THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.YOU MAY PURCHASE AT THE SALE. Iowa Code 654.20-2019. COMES NOW, the Plaintiff GreenState Credit Union,f/k/a University of Iowa Community Credit Union (hereinafter"GreenState Credit Union"), by and through its attorney, Christopher E. Pech, and for its Petition in Equity, states as follows: 1. Plaintiff GreenState Credit Union is a credit union lawfully doing business with its principal place of business in North Liberty,Johnson County, Iowa. 2. The last known address of Defendants Grace Lohr Locke Ward and Samuel.10e Locke Ward is 1914 Western Rd, Iowa City,Johnson County, Iowa. 3. Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward, upon information and belief, are a married couple. 4. On or about September 5, 2013, Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward delivered a First Note in favor of the Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit"1".The Note is in the principal sum of Seventy Thousand Six Hundred Fifty Five Dollars and Zero Cents ($70,655.00).The interest rate as of the date of origination was 5.625%, however, pursuant to the variable rate note, has now, as of March 31, E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT 2025, been adjusted to 7.875%.The Note provides for payment of monthly installments of principal and interest,with full balance due on October 1, 2043. 5. To secure the First Note, Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward on or about September 5, 2013, made, executed, and delivered to Plaintiff a written First Mortgage creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit "2". The Mortgage covers the property located at 1914 Western Rd, Iowa City, Iowa 52240,which is legally described as: The South 50 feet of Lot 5 and the North 10 feet of Lot 6, in Block 5, Fair Meadows Addition, First Unit, Iowa City, Iowa. The Mortgage is dated September 5, 2013 and was duly filed for record on September 12, 2013 in Book 5158, Page 349 of the Records of the Johnson County Recorder. Said Mortgage secures the principal balance of$70,655.00. 6. Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward are the sole owners and holder of said real estate. 7. Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward are now delinquent in the payments on said Note and Mortgage. 8. Defendant City of Iowa City, Iowa is added as a defendant as a result of a Mortgage dated October 14, 2022 and filed for record on October 19, 2022 in Book 6434, Page 954 of the Records of the Johnson County Recorder. City of Iowa City, Iowa may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 9. Any and all unknown parties in possession of the real property located at 1914 Western Rd, Iowa City, Iowa 52240, are added as defendants (if there should be such individuals) herein because they may claim some right,title or interest in the property which is the subject of this action, but any interest of such defendants would be junior and inferior to that of Plaintiff. 10. Plaintiff gave Defendants Notice of the Rlght to Cure Pursuant to Iowa Code Sections 654.2E and 94.2p','nd more than thirty(30) days have passed since the notice was given, and the default has not been cared. A Copy of the Notice is attached as Exhibit "3" and is hereby incorporated by CID - reference. : 1f;In accordance with the provisions of the Note and Mortgage, upon default and defendants' failure,--t--o cure, Plaintiff gave fourteen (14) day notice of acceleration and demand for payment of the accelerated balance pursuant to Iowa Code Section 654.4B, and fourteen (14) days has passed E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT since the notice was given.A Copy of the Demand is attached as Exhibit"4" and is incorporated by reference. 12. The Mortgage provides in the event of default, suit, and foreclosure that Plaintiff's attorney fees shall be paid by mortgagors. 13. The Mortgage provides in the event of default that Plaintiff may procure a continuation of the abstract, obtain insurance for the property, pay taxes on the property, pay assessments, and add such amounts to the Mortgage debts.These amounts become a part of the Mortgage indebtedness and are secured by the Mortgage. 14. Plaintiff is the owner and holder of said Note and Mortgage. 15. In accordance with the provisions of said Note and Mortgage, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 16. Said Mortgage provides that if default shall be made in the payment of said Note or any part of the interest thereon,the Mortgage may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgage. 17. That the Defendants, nor any of them, are or have been at anytime during the preceding six (6) months members of any of the Armed Forces of the United States of America and are not entitled in any way or manner to the benefit or relief provided by the Service Members Civil Relief Act. 18. Plaintiff waives its rights to a deficiency judgment in this matter. 19. After crediting the amounts paid on said Note secured by said Mortgage, there is now due and owing Plaintiff from Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward on the Note in the total amount of$68,144.24 as follows: A. An unpaid principal balance on the First Note, as of March 31, 2025, of$57,700.58. B. Interest at the contractual rate of 7.875% as provided in the Note and upon on the unpaid principal balance from the date of default through March 31, 2025, in the amount of$4,593.68 plus fees in the amount of$10.00. C. Interest due from March 31, 2025 accrued and accruing at the rate of 7 05% upon the--- principal balance due and owing. D. A Negative Escrow balance as of March 31, 2025 of$5,839.98. -- E. Abstracting Costs and Court Costs. r WHEREFORE, Plaintiff prays for judgment in rem against the above described real estate for $68,144.24 on the Note,together with interest on the $57,700.58 principal portion thereof at the E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT rate of 7.875% per annum from March 31, 2025 to date of filing of this petition, plus interest at the rate of 7.875% per annum on said principal portion, plus any advancements,from and after the date of filing of this petition, plus all reasonable attorney's fees,taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgage be established as a priority lien against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgage be foreclosed and all claims, rights,title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, and that the right, title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment,together with interest, cost, and accruing costs, to satisfy the judgment to be entered herein. PLAINTIFF FURTHER PRAYS that in the event Defendants Grace Lohr Locke Ward and Samuel Lee Locke Ward requests a demand for delay of sale herein, the execution sale be delayed for a period of not more than two months from the entry of judgment in the event the mortgaged real estate is not their residence, and for a period of not more than three months from the entry of judgment in the event the mortgaged real estate is their residence, and hereby waives any right to a deficiency judgment against Defendant which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the mortgaged premises. PLAINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for taxes or insurance upon the above-described real estate, Plaintiff be given an additional lien dgdinsL Lhe real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon further application by Plaintiff a receiver be appointed to take charge of the mortgaged premises at once and to hold possession of the same until the debt is fulVk` id and that all rents and profits derived from said premises be collected and applied by the receiver.-'toW*d the satisfaction of plaintiff's judgment. 7 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. 5 Christopher E. Pech AT 006178 GREENSTATE CREDIT UNION PO Box 800 2355 Landon Road North Liberty, IA 52317 legal@greenstate.org 319-248-7164 GENERAL COUNSEL-CONSUMER CREDIT for GreenState - vy CID t35 iV E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Exhibit 1 VARIABLE RATE MORTGAGE NOTE (One Year Treasury Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AN10UNT MY INTEREST RATE CAN CHA.�iG ,AT ANY ONE TIME AND THE MAXIMUM INTEREST RATE I MUST PAY AND THE MINP.MLM INTEREST RATE I MUST PAY. September 5,2013 Iowa City,Iowa (Date) (City) (State) 1914 Western Rd.Iona City IA 52240 (Property Address) c - . 1. BORRfQ«'ER'S-PROMISE TO PAY Tii return for a loan that I have received,I promise to pay U.S.$70,655.00(this amount is called "principal"),plus interest,to the order of the Lender.The Lender is the University of Iowa Community Credit Union.I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"rote 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 5.625%.The interest rate I will pay will change in accordance with Section 4 of this Note.The interest rate required by this Section 2 and Section'4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3.PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making payments every month.I will make my monthly payments on the first day of each month beginning on 1111/2013.1 will make these payments on the first day of every month thereafter until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.My payments will be applied to interest before principal.If,on 10/1/2043,1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the "maturity date".I will make my monthly payments at 825 Mormon Trek Blvd.,PO Box 2630,Iowa City, Iowa 52244-2630,or at a different place if required by the Note Holder. (B)Amount of My Initial Monthly 112yments Each of my initial monthly payments will be in the amount of U.S.$406.73.This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay.The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENTS CIIANGES (A) Change Dates The interest rate I will pay may change on the first day of 10/l/2018,and on that day every 12t"month thereafter.Each date on which my interest rate could change is called a"Change Date". (B) The Index The Annual Percentage Rate(the"interest rate")may increase during the term of this transaction. Beginning with the first Change Date,my interest rate will be based on an Index.The Index is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year,as made available by the Federal Reserve Board. The most recent Index figure available before each Change Date is called the"Current Index."The Annual Percentage Rate on existing balances will change on the Change Date,subject to annual and lifetime interest rate limits described in paragraph 4(D).Any increase in the interest rate will result in payments of a higher amount. If the index is no longer available,the Note Holder will choose a new index,which is based upon comparable information.The Note Holder will give me notice of this choice. (C) Calculation of Changes On each Change Date,the Note Holder will calculate my new interest rate by adding h+Lo and three- quarters percentage points(2.75%)to the then Current Index,and then round to the nearest one-eighth of 611/2012 1 E-FILED 2025 APR 02 9:47 AM JOHNSON - CLERK OF DISTRICT COURT one percentage point(0.125%).Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date.The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments.The result of this calculation will be the new amount of my monthly payment. (D) Limits On Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.625%or less than 5.00%.Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than 2.00%from the rate of interest I have been paying for the preceding twelve months.If the interest rate is increased or decreased on any single Change Date,the amount of the change will never be less that 0.125%from the rate of interest I have been paying for the preceding twelve months.My interest rate will never be greater than 11.625%.My interest rate will never be less than 5.00%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date.I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before a payment at the new level is due.The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question l may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due after payment of accrued interest.A payment of principal only is known as a"prepayment".When I make a prepayment,I will tell the Note Holder in writing that I am doing so.I may make a full prepayment or partial prepayments without paying any prepayment charge.The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note.If I make a partial prepayment,there will be no changes in the due dates of my monthly payments unless the?Tote Holder agrees in writing to those changes.My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment.However,any reduction due to my partial prepayment may be offset by an interest rate increase. 6.LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed permitted limits,then: (i)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits;(h)any sums already collected from which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me.If a refund reduces principal,the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen(15) calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 0.0%of my overdue payment of principal and interest or that amount which is legally permissible under Iowa law.I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount plus an additional amount necessary to reduce the principal to the amount required by the amortization contemplated by this note,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 the amount.If I do not pay the full amount so requested within 30 days of delivery or mailing said notice,the:Vote Holder may accelerate the required note and 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. - (D)No Waiver By Note Holder 2 6/1;2012 r E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described as 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 attorney's fees and costs of continuing or procuring an abstract of title. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the address under my signature below or at a different address if I give the Note Holder notice of my different address.Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder or delivered at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. Any notice in connection with this Note shall not be deemed to have been given to Note Holder until actually received by Note Holder. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 10.PRINCIPAL RESIDENCE Borrower(s)agree that the BORROWERS STATEMENT UNDER OATH,COVENANT AND INDUCEMENT AGREEMENT,attached hereto,is incorporated in its entirety in this.Vote. 11.WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor."Presentment"means the right to require the Note Holder to demand payments of amounts due. "Notice of dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 12.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust or Security Deed(the "Security Instruments"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.That security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows- A. Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Note Holder's prior written consent,Note Holder may,at its option,require immediate payment in full of all sums secured by this Security Instrument. B. Principal Residence.If I breach paragraph I0 of this Note,Note Holder may,at its option,require immediate payment in full of all sums secured by the Security Instrument.The Note and Mortgage may be amended by mutual consent of the Note Holder and Borrower. 1.1 ENFORC'EABI.LITY If any term in this Note or the mortgage securing this Note violates any law or for some other reason is not enforceable,that term will not be a part of this Note.However,the other terms of this Note will remain effeftilve.This Note is subject to Iowa law and any applicable federal law.If enactment or expiration of applicable Iaws has the effect of rendering any provision of this Note or the mortgage securing this Note unctiferceable according to its terms,Note Holder,at its option,may require immediate payment in full of all sumi loaned in connection with this Note. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. 6'1/20I2 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT aLotx btj-oL-� - I � Li "i Borro • r:Grace l.oh Locke Ward Borrow .Samuel I •Locke Ward 1914 Western Rd 1914 Western Rd Iowa City.1A 52240 Iowa City,1A 52240 Address Address Borrower: Borrower: 1914 Western Rd 1914 Western Rd Iowa Cih,,1A 52240 lows City,lA 52240 Address Address 4 6/1/2012 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Exhibit 2 , 8K: 5158 PG: 349 ,:.. Recorded: 9112/2013 at 8:45:15543 AM Fee Amount: $67.00 _ Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Loan Number: 8880027931 Prepared by and Return to: Ian Sara University of Iowa Community Credit Union, 825 Mormon Trek Blvd., P.O. Box 2630, Iowa City, Iowa 52244-2630, (319)339-1002 IOWA MORTGAGE CLOSED END-ALL FIRST MORTGAGES THIS INDENTURE made this 5th day of Se tternber, 2013, between Grace Lahr Locke Ward and Samuel Lee Locke Ward Wife and Husband aka Grace L Locke Ward aka Grace L Ward, and aka Samuel L Locke hard Mortgagor(s)whose address is: 1914 Western Rd Iowa City IA 52240 and the UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Mortgagee, having its principal place of business at 825 Mormon Trek Blvd., P.O. Box 2630, Iowa City, Iowa 52244- 2630, WITNESSETH: That the said Mortgagors) in consideration of Seventy_Thousand Six Hundred Fifty, Five and 00 1100 DOLLARS ($70 Q55A0) loaned by Mortgagee, received by Mortgagor(s)and evidenced by the Note(s) hereinafter referred to, do, by these presents GRANTS, CONVEYS, AND MORTGAGES unto the said Mortgagee, with the power of sale, the following described real estate situated in the County of Johnson, State of Iowa,to-wit: The South 50 feet of Lot 5 and the North 14 feet of Lot 6,in Block 5, Fair Meadows Addition First Unit, Iowa City,Iowa,subject to easements and restrictions of record. Parcel ti) Number: 1023180001 6/112012 3 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT which has the address of 1914 Western Rd, Iowa City IA_52240 Stmet/Gity/State/Zip together with all personal property, including improvements, that may integrally belong to, or be, or hereafter become an integral part of said real estate, and whether attached or detached, and hereby granting, conveying, and mortgaging also all of the easements, servient estates appurtenant thereto, rents, issues, uses, profits, and right of possession of said real estate, and all crops raised thereon from now until the debt secured thereby shall be paid in full. As to any such personal property or fixtures, or both, a Security Interest hereby attaches thereto, as provided by the Uniform Commercial Code. All of the foregoing is referred to in this mortgage as the Property." This mortgage secures the payment of the loan made by Mortgagee to Mortgagor(s) which is evidenced by a Note dated this date, in the amount of$70,655.0 with a due date of 1011/2043, along with any renewals, extensions, modifications, or refinancing thereof and any Notes issued in substitution therefor; and any additional loans and advances for any purpose whatsoever which hereafter may be made by the Mortgagee to the Mortgagor(s), or any Mortgagor if there is more than one, which shall have the same priority and privileges as if made on this date; and any advances made by Mortgagee for the purpose of protecting its mortgage and security interest in the above- described property. This paragraph does not constitute a commitment to make additional loans in any amount. Said Mortgagor(s) hereby covenant with Mortgagee, or successor in interest, that said Mortgagors) hold said real estate by title in fee simple; that they have good and lawful authority to sell, convey, and mortgage the same; that said premises are Free and Clear of all Liens and Encumbrances whatsoever except as may be above stated; and said Mortgagor(s)Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead, and distributive share in and to the above-described premises, and waives any rights of- exemption, as to any of said property. T b/1/2012 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Mortgagors) and Mortgagee covenant and agree as follows: 1. PAYMENT OF PRINCIPAL, INTEREST, AND ESCROW ITEMS. Mortgagors) shall pay when due the principal of, and interest on, the debt evidenced by the Note described herein. Mortgagors) shall also pay funds for Escrow Items pursuant to Section 3. Payments are to be made in U.S. Currency. Payments are deemed received by Mortgagee when received at the location designated in the Note or such other location as may be designated by Mortgagee in accordance with the notice provisions in Section 20. Mortgagee may accept payment or partial payment insufficient to bring the loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payments or partial payments in the future, but Mortgagee is not obligated to apply such payments at the time such payments are accepted. No offset or claim which Mortgagor(s) might have now or in the future against Mortgagee shall relieve Mortgagor(s)from making payments due under the Note and this Mortgage or performing the covenants and agreements secured by this Mortgage. 2. APPLICATION OF PAYMENTS OR PROCEEDS, Except as otherwise described in this Section, all payments accepted and applied by Mortgagee shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied in the order in which it became due. Any remaining amounts shall be applied first to any other amounts due under this Mortgage, and then to reduce the principal balance of the Note. Any application of payments, insurance proceeds, or miscellaneous proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the payment due. 3. FUNDS FOR ESCROW ITEMS. Mortgagors) shall pay to Mortgagee on the day payment is due pursuant to the Note, until the Note is paid in full, a sum to provide for payment of amounts due for(a)taxes and assessments and other items which can attain priority over this Mortgage as a lien or encumbrance on the Property; and (b) premiums for any and all insurance required by Mortgagee under Section b. These items are called "Escrow Items."At origination or any time during the term of the Loan, Mortgagee may require that homeowner's association dues, fees or assessments be escrowed by Mortgagor(s) and such dues, fees, and assessments shall be an Escrow Item. Mortgagors)shall furnish to Mortgagee all notices of amounts to be paid under this Section. Mortgagors) shall pay Mortgagee the amount due for Escrow Items unless Mortgagee waives Murlyagor`s obligation to pay Mortgagee for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Mortgagor(s)shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Mortgagee and, if Mortgagee requires, shall furnish to Mortgagee receipts evidencing such payment within such time period as Mortgagee may require. Mortgagor's obligation to make such payments and to provide such receipts shall for all purposes be deemed to be a covenant and agreement contained in this Mortgage. If Mortgagor is obligated to pay 6/1/2Q12 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Escrow Items directly, pursuant to a waiver, and Mortgagor fails to pay the amount due for an Escrow Item, Mortgagee may exercise its rights under Section 14 and apply such amount and Mortgagor(s) shall then be obligated under Section 14 to repay to Mortgagee any such amount. Mortgagee may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 20 and, upon such revocation, Mortgagors) shall pay to Mortgagee all Funds, and in such amounts, that are then required under this Section. Mortgagee may, at any time, collect and hold Funds in an amount(a) sufficient to permit Mortgagee to apply the escrow funds at the necessary time and (b) not to exceed the maximum amount a Mortgagee can require. Mortgagee shall apply the amounts in escrow to pay Escrow Items. Mortgagee shall give Mortgagor(s), without charge, an annual accounting of the amounts in escrow and transactions made in accordance with Applicable Law. Mortgagee 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. Mortgagee shall not charge Mortgagors)for holding and applying the amounts in escrow, and Mortgagee shall pay Mortgagor(s) any interest or earnings on the funds in a manner in accordance with Applicable Law. All of the preceding shall be done in accordance with RESPA. If there is a surplus of funds held in escrow, Mortgagee shall account to Mortgagor(s)for the excess funds. If there is a shortage or deficiency of funds held in escrow, Mortgagee shall notify Mortgagor(s), and Mortgagors) shall pay to Mortgagee the amount necessary to make up the shortage or deficiency, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Mortgage, Mortgagee shall promptly refund to Mortgagor(s)any Funds held by Mortgagee. All of the preceding shall be done in accordance with RESPA. 4. CHARGES; LIENS; TAXES: Mortgagors)shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied against said property, or any part thereof, before same become delinquent, without notice or demand. Mortgagor(s)shall timely pay all other charges, fines, dues and fees, if any, which may become a Gen on the property. Mortgagor(s) shall promptly discharge any lien which has priority over this Mortgage unless Mortgagor(s)(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Mortgagee, but only so long as Mortgagor(s) is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in legal proceedings which in the Mortgagee's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c) secured from the holder of the lien an agreement satisfactory to Mortgagee subordinating the- lien to this Mortgage. 5. INSURANCE: Mortgagor(s) shall keep in force insurance premiums therefor't4 be prepaid without notice of demand, against loss by fire, tomado, and other hazard 6/1/20I2 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT casualties, and contingencies as Mortgagee may require on the property, as herein referred to, and on all buildings and improvements on said premises to be approved by Mortgagee in an amount not less than the full insurable value of such property and improvements, or not less than the unpaid balance herein, whichever amount is smaller, with such insurance payable to Mortgagor(s)and Mortgagee, as their interests may appear. Such insurance policies shall name Mortgagee as an additional loss payee. In the event of a loss, Mortgagors) will give immediate notice by mail to the Mortgagee, who may make proof of loss to the insurance company, and the insurance proceeds, at the option of the Mortgagee, shall be received by Mortgagee and applied towards payment of this mortgage. Mortgagor(s) shall promptly deposit such policies with proper riders with the Mortgagee. Also, if required, the Mortgagor(s) agree to secure and maintain the maximum amount of flood insurance required in compliance with the Flood Disaster Protection Act of 1973, and to furnish such policies to the Mortgagee with the insurance payable to the Mortgagee. Mortgagee may require Mortgagor(s)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. If Mortgagor(s)fails to maintain any of the coverage described above, Mortgagee may obtain insurance coverage, at Mortgagee's option and Mortgagor's expense. Mortgagee is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Mortgagee, but might or might not protect- Mortgagor(s), Mortgagor'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 what was previously in effect. Mortgagor(s)acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Mortgagor(s) could have obtained. Any amounts disbursed by Mortgagee under this Section shall become additional debt of Mortgagor(s) secured by this Mortgage. These amounts shall bear interest at the Note rate from the date of disbursement. If Mortgagor abandons the property, Mortgagee may file, negotiate and settle any available insurance claim and related matters. If Mortgagor does not respond within 30 days to a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee may negotiate and settle the claim. The 30-day period shall begin when notice is sent. 6. REPAIRS TO PROPERTY; INSPECTIONS: Mortgagors) shall keep the buildings and other improvements on said premises in as good repair and condition, as same may now be, or are hereafter placed, ordinary wear and tear only excepted; and shaltnot suffer or commit waste on or to said security. Mortgagee or its agent may make reasonable entries upon and inspections of the Property, including the interior of 61i12W2 5 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT the Property. Mortgagee shall give Mortgagors) notice at the time of or prior to such an interior inspection. 7. COMPLIANCE WITH LAW: Mortgagors) shall comply with all present and future laws, regulations, and ordinances affecting the mortgaged Property. 8. CONDEMNATION: All compensation awarded for any damages in connection with a condemnation proceeding for any part of the mortgaged property shall be paid directly to the Mortgagee and applied to the Note. 9. JOINT AND SEVERAL LIABILITY: Mortgagors) agree to be jointly and severally liable for the indebtedness evidenced by the Note and secured by this mortgage. The signing of this mortgage and the Note by the spouse of the owner is not only for the purpose of releasing dower or distributive share but also for the express purpose of creating personal liability of the spouse for the indebtedness. 10. PRINCIPAL RESIDENCE: Mortgagor(s) shall occupy, establish, and use the Property as Mortgagor's principal residence within 30 days after execution of this Mortgage, or within 30 days after the property shall first become ready for occupancy as a habitable dwelling, whichever is later. Mortgagors) shall continue to occupy the Property as Mortgagor's principal residence for so long as there are amounts due on the loan. Mortgagors) agree that Paragraph 10 of the Note(s) of even date herewith, given by the Mortgagors)to the University of Iowa Community Credit Union, regarding the use of the property which is the subject of this Mortgage as a principal residence, is incorporated into this Mortgage. A breach of Paragraph 10 of said Note(s)or this section constitutes a default of this Mortgage, that shall entitle the Mortgagee, its successors or assigns, to exercise the remedies as set forth in paragraph No. 15 of this Mortgage. The Note and Mortgage may be amended by mutual consent of Mortgagors) and Mortgagee. 11, RESTRICTIONS ON TRANSFER: Mortgagors) agree that in the event they shall in any manner transfer the title to any portion of the mortgaged premises, whether by deed, real estate contract, installment sales contract or otherwise, or in the event any interest in it is sold or transferred (or if Mortgagor is not a natural person and a beneficial interest in Mortgagors) is sold or transferred ), without Mortgage'e's prior written consent, that the whole unpaid balance of the obligation secured hereby may become immediately due and payable at the option of Mortgagee; and, Mortgagors,) 6 6/1/2012 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT agree that they shall give Mortgagee no less than ten (10) days' advance written notice prior to malting any such transfer. If Mortgagee exercises the option to require immediate payment in full, Mortgagee shall give Mortgagor(s) notice of acceleration. The notice shall provide a period of not less than thirty(30)days from the date the notice is delivered or mailed within which Mortgagor(s) must pay all sums secured by this Mortgage. If Mortgagors) fails to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this mortgage without further notice or demand on Mortgagor(s). 12. ENFORCEABIUTY: If any term in this mortgage or the Note secured hereby Violates any law or for some reason is not enforceable, that term will not be a part of this mortgage. However, the other terms of this mortgage will remain effective. If enactment or expiration of applicable laws has the effect of rendering any provision of this mortgage or the Note secured hereby unenforceable according to its terms, Mortgagee, at its option, may require immediate payment in full of all sums secured by this mortgage and may invoke any remedies permitted by this mortgage. If Mortgagee exercises the option to require immediate payment in full, Mortgagee shall give Mortgagor(s) notice of acceleration, in the manner described in Paragraph 11. 13. NON-WAIVER: Any forbearance by Mortgagee in exercising any right or remedy allowed for by the mortgage or Note secured hereby shall not be a waiver of or preclude the exercise of any right or remedy. 14. PROTECTION OF MORTGAGEE'S INTEREST IN THE PROPERTY AND RIGHTS UNDER THIS MORTGAGE: If(a) Mortgagor fails to perform the covenants and agreements contained in this Mortgage, (b) there is a legal proceeding that might significantly affect Mortgagee's interest in the property and/or rights under this Mortgage, or(c) Mortgagor has abandoned the Property, then Mortgagee may do and pay for whatever is reasonable or appropriate to protect Mortgagee's interest in the Property and rights under this Mortgage, including but not limited to: protecting and/or assessing the value of the Property, securing and/or repairing the property, paying taxes or assessments against the property that have become delinquent; appearing in court; paying any sums secured by a lien which has priority over this Mortgage. Securing the property includes, but it not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building code violations or dangerous conditions, and have utilities turned on or Off. Mortgagee does not have an obligation to take action as set forth in this Section. It is agreed that Mortgagee incurs no liability for not taking any or all actions authorized under this section. All amounts disbursed under this Section shall become additional debt of Mortgagor(s) secured by this Mortgage. These amounts shall bear interest at the Note rate from the date of disbursement. 6/I12©1-2 7 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT 15. ACCELERATION OF MATURITY AND RECEIVERSHIP. Mortgagee shall give notice to Mortgagor(s) prior to acceleration following Mortgagor's breach of the Note secured hereby or failure to comply with one or more conditions, covenants or agreements of this Mortgage, except as otherwise provided elsewhere in this Mortgage. The notice shall specify(a)the default; (b)the action required to cure the default; (c) a date, not less than thirty (30) days from the date the notice is given to Mortgagor(s), by which the default must be cured; and (d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by the Mortga;; , foreclosure by judicial proceeding, and sale of the property. If the default is i Cw-',f on or before the date specified in the notice, Mortgagee at its option may require immediate payment in full of all sums secured by the Note and Mortgage, including all payments for taxes, assessments, insurance premiums, and any other costs or fees as provided herein, without further demand(except as otherwise stated by Applicable Law) and may foreclose this Mortgage by judicial proceeding or otherwise. Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph. Mortgagor(s)consents to the appointment of a receiver for the property, at the option of the Mortgagee. 16. ATTORNEY'S FEES: In case of any action, or in any proceedings in any court, to collect any sums payable or secured by this Mortgage, to protect the lien of title herein of the Mortgagee, or in any other case permitted by law in which attorney fees may be collected from the Mortgagor(s), or charged upon the above--described property, Mortgagor(s) agree to pay reasonable attorney fees. 17. CONTINUATION OF ABSTRACT: In event of any default herein by Mortgagor(s), Mortgagee may, at the expense of Mortgagor(s), procure an abstract of title, or continuation thereof, for said premises, and charge and add to the mortgage debt the cost of such abstract or continuation with interest upon such expense at the highest legal rate applicable to a natural person; or if the Mortgagor is a corporation, then at the default rate provided in the Note secured hereby. 18. SHORTENED REDEMPTION PERIOD: It is further agreed that in the event of judicial foreclosure of this Mortgage,the Mortgagee may, at its sole discretion, elect to: A. Reduce the period of redemption after judicial sale to six(6)months, if the property is less than ten (10) acres in size and Mortgagee waives in any foreclosure proceeding any right to a deficiency judgment against Mortgagor(s), pursuant to Iowa Code Section 628.26, or B. Reduce the period of redemption after judicial sale to sixty(60)days;if-the property is less than ten (10) acres in size, Mortgagee waives in any foreclosure g . 6/112012 r� E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT proceedings any right to a deficiency judgment against Mortgagor(s), and the court finds that the property has been abandoned by Mortgagor(s), pursuant to Iowa Code Section 628.27, or C. Reduce the period of redemption after judicial sale to the time period set forth in Iowa Code Section 628.28 or any other Iowa Code Section to reduce the period of redemption after judicial sale to such time as may be then applicable or provided by law, or D. Foreclose without redemption after judicial sale if the property is not used for an agricultural purpose, pursuant to Iowa Code Section 654.20. 19, HAZARDOUS SUBSTANCES: Mortgagor(s)shall not allow the presence, use, disposal, storage or release on or in the property of any substance which has been defined by any federal, state, or local law or regulation as a toxic or hazardous substance, pollutants, or wastes and also:gasoline, kerosene, flammable or toxic petroleum products, pesticides, herbicides, solvents, asbestos, formaldehyde, and radioactive materials. Mortgagor(s) shall promptly give Mortgagee written notice of any investigation, action, or claim by any governmental or regulatory agency or private party which involves the property and any toxic or hazardous substance or federal, state, or local law or regulation which relates to health, safety, or environmental protection. Upon notice that remediation or removal of a toxic or hazardous substance is necessary, Mortgagor(s)shall promptly take all necessary remedial action. The Mortgagor(s) may use or store on the property small quantities of hazardous substances which are generally and reasonably recognized to be appropriate to normal residential use and maintenance of the property. 20. NOTICES: All notices given by Mortgagor or Mortgagee in connection with this Mortgage must be in writing. Any notice to Mortgagor(s) provided for in this Mortgage shall be deemed to have been given when delivered or mailed by first class trail. Notice to any one Mortgagor shall constitute Notice to all Mortgagors, unless Applicable Law requires otherwise. The notice shall be directed to the address of the Mortgagor(s) stated on the face of this mortgage, unless Mortgagors) has designated a different address by notice to Mortgagee. Any notice to Mortgagee shall be given by first class mail or delivered to University of Iowa Community Credit Union, 825 Mormon Trek Blvd., P.O. Box 2630, Iowa City, Iowa 52244-2630, unless Mortgagee has designated a different address by notice to Mortgagor(s). Any notice in connection with this Mortgage shall not be deemed to have been given to Mortgagee until actually received by Mortgagee. If any Notice required by this Mortgage is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Mortgage. &1/2012. 9 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT 21_ DEFINITION OF TERMS. Unless otherwise expressly stated the word "Mortgagor(s)", as used herein, includes successors in interest of such "Mortgagor(s)"; the "Mortgagee", as used herein, unless otherwise expressly stated, includes the successors in interest of such "Mortgagee". Words in the singular shall mean and include the plural and vice versa. "Loam means the debt evidenced by the Note, plus interest, all sums due or paid under this Mortgage, plus interest. "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law) as well as all applicable final, non-appealable judicial opinions. "RESPK means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and any amendments or successor legislation or regulation. This construction shall include the acknowledgment hereof. 22. WAIVER: I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM ,JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. vt_J 11-51h '�•13 SIGN TURE:GRACE LOHR LOCKE DATE SIGNAT RE.:S tiEL LEE LOCKE DATE WARD WARD li SIGNATURE: DATE SIGNATURE: DATE 23. RIDERS TO THIS MORTGAGE: If one or more riders are executed by Mortgagors)and recorded together with this Mortgage the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s)were a part of this Mortgage. [Check applicable space(s)]. X Variable hate Rider Condominium Rider Planned Unit Development Rider Second Home Rider 1© 6/1/2012 E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT 1-4 Family Rider 24. PURCHASE MONEY MORTGAGE: If indicated by a mark in the adjacent space, then this mortgage is a purchase money mortgage and is entitled to priority as contained in Section 664.12B of the Code of Iowa, (2011), and any amendments thereto. 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. IN WITNESS WHEREOF, said Mortgagor(s) have hereunto set their hands the day and year first written. { MOOT AGOR:GRA LOHR LOCKE DATE MO GA :5AMUEL LEE LOCKE DATE WARD WARD MORTGAGOR: BATE MORTGAGOR: DATE State of Iowa ) ss: County of Johnson ) On this 5th day of September, 2013, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Grace Lohr Locke Ward. Samuel Lee Locke Ward to me known to be the identical person(s) named and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed. RYAN GOEHRMANN ComaknN raber734144 Notary Public in and for the State of Iowa 6/1/2012 11 GreenState CREDIT UNION 12/10/2024 Exhibit 3 GRACE LOCKE WARD SAMUEL LOCKE WARD 1914 WESTERN RD IOWA CITY,IA 52240-2330 Creditor: GreenState Credit Union Account Number:- Loan ID: 8880027931 Principal Balance: $57,701.29 =; Unpaid Interest: $3,192.86 Secured by property located at: Past Due Amount: $7,982.77 1914 Western Rd Late Fee: $0.00 "' Iowa City, IA 52240 Next Payment Date: 5/l/2024 _-_- Daily Rate: $12.62 Notice of Right to Cure ` r1 Dear Member: This credit transaction is now in default. The default may be corrected until 1/9/2025. If it is corrected the contract may continue as though there was not a default. The default consists of failure to pay $7,982.77 for a mortgage loan. Correction of default: Before Current date 1/9/2025, $7,982.77 needs to be paid to GreenState Credit Union, 2355 Landon Rd,North Liberty, IA 52317-0800. Failure to cure the default before 1/9/2025 may result in acceleration of the sums secured by the mortgage, foreclosure by judicial proceedings and sale of the property. If there is a default again in the next year, the Credit Union may exercise its rights without sending you another notice like this. You have the right to reinstate the mortgage after acceleration. If you meet certain conditions,you shall have the right to have enforcement of the Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in the Security Instrument; (b) such other period as Applicable Law might specify for the termination of your right to reinstate; or(c) entry of a judgment enforcing the Security Instrument. Those conditions are that you: (a)pay GreenState Credit Union all sums which then would be due under the Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing the Security Instrument, including,but not limited to, E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT reasonable attorneys' fees,property inspection and valuation fees, and other fees incurred for the purpose of protecting GreenState Credit Union's interest in the Property and rights under the Security Instrument; and(d)takes such action as GreenState Credit Union may reasonably require to assure that GreenState Credit Union's interest in the Property and rights under the Security Instrument, and your obligation to pay the sums secured by the Security Instrument, shall continue unchanged. The GreenState Credit Union may require that you pay such reinstatement sums and expenses in one or more of the following forms, as selected by the GreenState Credit Union: (a) cash; (b)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 Fund Transfer. Upon reinstatement by you, the Security Instrument and obligations secured - thereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18 of the Security Instrument. You have the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you may have to accelerate and foreclosure. Sincerely, GreenState Credit Union Account Resolutions Department 1-800-446-3719 or 319-341-2165 This is an attempt to collect a debt. Any information received shall be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Servicemembers Civil Relief U.S. Department of Housing and Urban OMB Approval No.2502-0584 Act Notice Disclosure Development Office of Housing Expire 11/30/2024 Legal Rigbts and Protections Under the SCRA Servicemembers on"active duty"or"active service,"or a spouse or dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC §§ 39014043)(SCRA). Who May Be Entitled to Legal Protections Under the SCRA? a Regular members of the U.S.Armed Forces(Army,Navy,Air Force Marine Corps and Coast Guard). ■ Reserve and National Guard personnel who have been activated and are on Federal active duty a National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(f)of title 32,United States Code,for purposes of responding to a national emergency declared by the President and supported by Federal funds a Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Servicemembers Entitled To Under the SCRA? a The SCRA states that a debt incurred by a servicemember,or servicemember and spouse jointly,prior to entering military service shall not bear interest at a rate above 6%during the period of military service and one year thereafter,in the case of an obligation or liability consisting of a mortgage,trust deed,or other security in the nature of a mortgage,or during the period of military service in the case of any other obligation or liability. • The SCRA states that in a legal action to enforce a debt against real estate that is filed during,or within one year after the servicemember's military service,a court may stop the proceedings for a period of time, or adjust the debt.In addition,the sale,foreclosure,or seizure of real estate shall not be valid if it occurs during or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale,foreclosure,or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA from loans with interest rates above 6%a servicemember or spouse must provide a written request to the lender,together with a copy of the servicemember's military orders. [GreenState Credit Union,PO Box 800,North Liberty IA 52317 (319)248-5858] • There is no requirement under the SCRA,however,for a servicemember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate.Under these circumstances,lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the servicemember,and examining their files for indicia of military service.Although there is no requirement for servicemembers to alert the lender of their military status in these situations,it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate,or their installation's Legal Assistance Officer.A military legal assistance office locator for all branches of the Armed Forces is available at htt�ps:/Ilegalassistance.law.af.milI • "Military OneSource"is the U.S.Deparnnent of Defense's information resource.If you are-listed as entitled to legal protections under the SCRA(see above),please go to www.mitilMonesourcemil/legal r call (800)342-9647(toll free from the United States)to find out more information.Dialing instructions for: areas outside the United States are provided on the website. -J Form-HUD-92070 (6/2017) GreenState CREDIT UNION 2/27/2025 Grace Locke Ward Samuel Locke Ward 1914 Western Rd Iowa City,IA 52240 RE:MORTGAGE ACCELERATION Real Estate Mortgage on property at 1914 Western Rd Iowa City,IA 52240 LOAN ID: 8880027931 Dear Grace Locke Ward and Samuel Locke Ward, This letter is to notify you that GreenState Credit Union has accelerated the amount due pursuant to your note, which is secured by your mortgage on the property,located at: 1914 Western Rd Iowa City,IA 52240 The amount due pursuant to the terms of your note and mortgage as of 2/27/2025 is$66,093.40 plus interest from 2/27/2025 at the contract rate until paid in full. Failure to pay said amount,plus accruing interest on or before 3/16/2025 may result in foreclosure by judicial proceedings and sale of the property. You have the right to reinstate your loan and the right to assert in the foreclosure proceedings the nonexistence of a default or any other defense to acceleration or foreclosure. GreenStale Credit Union AccountAesolutions Department 1-800-446;3719_or 319-341-2165 _ -Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). Thig is an attempt to collect a debt.Any information received shall be used for that purpose. E-FILED 2025 APR 02 9:47 AM JOHNSON -CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving this notice because(1)your lender believes that your mortgage is seriously delinquent,or(2)a foreclosure petition was recently filed against you.The purpose of this notice is to inform you that help is available through Iowa Mortgage Help,a State of Iowa-sponsored program. help Is av#awlaole Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622- 866 as soon as possible.The earlier you call,the more options that are available to you.When you call,you will be referred to a trained, professional counselor who will listen to your situation and offer free,confidential advice through each step of the process. In some cases,we are able to work with lenders and borrowers to restructure mortgage terms.While we are not able to help everyone,we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late.There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to Iowa MortgageHelp.com.This free call could save your home. Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.413(2) G'• END OF CASE FILE Kellie Grace From: Kellie Grace Sent: Tuesday, April 8, 2025 2:39 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: Equity No: EQCV085028 Attachments: 20250408143632.pdf Attached. = MWACITY A UNESCO CITY OF LITERATURE xeffie cyrace, eve City Clerk office:319-356-5041 410 E Washington St, Iowa City,IA 52240 WWW.ICGOV ORG 0 (D0 Iowa City Transit is now FARE FREE! FARE FRE Learn more at ICGOV.ORG/FAREFREE IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Carrington Mortgage Services,LLC ) Plaintiff, ) EQUITY NO: EQCV085028 vs. ) APPLICATION TO CONDEMN FUNDS TO Peggy A. L.Waters and Scott R.Waters, et al. ) PLAINTIFF Defendants. ) CoMEs Now Plaintiff, Carrington Mortgage Services, LLC, by Richard Reinblatt of the firm of UT SouthLaw,P.C., its attorneys, and respectfully prays the Court to grant its Application to Con-de�mn Funds to Plaintiff. In support of its Application,Plaintiff states as follows: r,;a 1. Execution was issued based on judgment in this case. _ 2. The Sheriff's Sale was held on March 11,2025. 3. Plaintiff entered a bid of$134,742.16, which represented a portion of the total debt owed on its judgment entered on November 22,2024 (together with additional advancements and costs as allowed in the decree and set forth in the Sheriff's Return of Execution on file with the Court). 4. K&K Real Estate Investments LLC was the successful bidder of the property at the sale in the amount of$185,000.00. 5. The Sheriff then issued a refund to Plaintiff in the amount of$395.10 as Sheriff's costs were already taken out of the proceeds of sale. 6. Plaintiff requests that the Court disburse to Plaintiff from the proceeds of sale, payable directly to Plaintiff and sent to Plaintiff in care of its attorney of record, Richard Reinblatt of the firm of SouthLaw, P.C., 10855 W Dodge Road Suite 250, Omaha, NE 68154, the sum of$134,347.06, which sun represents the total debt owed to Plaintiff on its Judgment, and which amount is now on file with the Clerk of Court. WHEREFORE Plaintiff prays that its Application to Condemn Funds to Plaintiff be sustained, that 1 File No. 239869 III III I II II I II III I I IIIIII II II II I III III the Court issue an Order condemning funds for the proceeds be distributed as set forth herein, and for such other and further relief as is just and equitable. SouthLaw,P.C. /s/Richard Reinblatt Richard Reinblatt(AT0009194) 10855 W Dodge Road, Suite 250 Omaha,NE 68154 (402)342-4644,ext. 353 (402)342-4648 (Fax) Richard.Reinblatt@southlaw.com Attorneys for Plaintiff CERTIFICATE OF MAILING I certify that a copy of this pleading was electronically delivered/mailed to the following parties on March 31, 2025: Iowa City c/o Kellie Grace,City Clerk 410 E.Washington St Iowa City,IA 52240 '- =J Co /s/Richard Reinblatt - • Richard Reinblatt(AT0009194) 1 2 File No. 239869 I II I I IIIIIIIII IIIIIIIIII III II IIIIIII I IIII II END OF CASE FILE Kellie Grace From: Kellie Grace Sent: Wednesday, April 9, 2025 1:46 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: Case No. EQCV086292 Attachments: 1135_001.pdf Attached. 1 &WA C1W A UNESCO CITY OF LITERATURE Xeffie cirace, eve City Clerk office:319-356-5041 410 E Washington St, Iowa City,IA 52240 WWW.ICGOV.ORG 0 C) 0 0 iowaCityTransitisnowFAREFREE! FARE FREE I O W A CITY Learn more at ICGOV.ORG/FAREFREE i IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY GREENSTATE CREDIT UNION ) FKA UNIVERSITY OF IOWA ) COMMUNITY CREDIT UNITION, ) Plaintiff, ) NO. EQCV086292 vs. ) ACCEPTANCE OF SERVICE RANDOLPH W. PARIS, ET AL., ) Defendants. ) Defendant City of Iowa City, Iowa hereby acknowledges receipt of the Original Notice and Petition in Equity and accepts service of said documents on April 9, 2025. I Kellie K. Grace City Clerk City of Iowa City, Iowa 410 E. Washington St. Iowa City, IA 52240 Rw _,;C7" i r E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION F/K/A UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, CASE NO: EQCV086292 V. RANDOLPH W. PARIS; UNKNOWN SPOUSE OF ORIGINAL NOTICE RANDOLPH W. PARIS, IF ANY; CITY OF IOWA CITY, IOWA; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 1133 Hotz Ave, Iowa City, IA 52245, Defendants. TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action.This County utilizes the Electronic Document Management System.You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice.The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, Iowa 52317.That attorney's telephone number is 319-248-7164;facsimile number 319-665-2197. You must serve a motion or answer within 20 days after service of this original notice upon you and,within a reasonable time thereafter,file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920(1101). (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.. E-FILED 2025 APR 04 10:14 AM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV086292 County Johnson Case Title GREENSTATE CREDIT UNION V RANDOLPH W. PARIS, ET AL You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at r>~ww.le;is.iowa4o�/docs/ACQICourtRulesChap_ter/l d.Rdf. 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�vw.iowacourts.goy/for-ilte-public/represerltin yourself/protect-personal-infortnationr'. Scheduled Hearing: If you need assistance to participate in court due to a disability,call the disability access coordinator at(319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942).For more information, see ***.iowacourts.gov/for-the-ottblic/ada/. Disability access coordinators cannot provide leeal advice. Date Issued 04/04/2025 10:14:43 AM �. P" 1 District Clerk of Court or/by Clerk's Designee of Johnson County y r „ /s/Christine Roselund E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY GREENSTATE CREDIT UNION F/K/A UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, CASE NO: EQCV086292 V. RANDOLPH W. PARIS; UNKNOWN SPOUSE OF PETITION IN EQUITY RANDOLPH W. PARIS, IF ANY; CITY OF IOWA CITY, IOWA; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 1133 Hotz Ave, Iowa City, IA 52245, -- Defendants. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS (or THREE MONTHS if the petition includes a waiver of deficiency judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO FAMILY DWELLING OR UNTILTWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING.YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE.THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.YOU MAY PURCHASE AT THE SALE. Iowa Code 654.20-2019. COMES NOW,the Plaintiff GreenState Credit Union,f/k/a University of Iowa Community Credit Union, (hereinafter"GreenState Credit Union"), by and through its attorney, Christopher E. Pech, and for its Petition in Equity,states as follows: 1. Plaintiff GreenState Credit Union is a credit union lawfully doing business with its principal place of business in North Liberty,Johnson County, Iowa. 2. The last known address of Defendant Randolph W. Paris is 1133 Hotz Ave, Iowa City, Johnson County, Iowa. 3. Defendant Randolph W. Paris upon information and belief is a single unmarried person. 4. The Unknown Spouse of Randolph W. Paris is named as a Defendant as though it is believed Randolph W. Paris is a single unmarried individual. If he is in fact married, his spouse may claim some right or interest in the property through dowry rights. 5. On or about June 1, 2007, Defendant Randolph W. Paris delivered a First Note in favor of the Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit"1".The Note is in the principal sum of One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00).The interest rate as of the date of origination, on June 1, 2007,was 6.625%, E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT however, pursuant to the variable rate note, has now, as of March 27, 2025, been adjusted to 7.625%.The Note provides for payment of monthly installments of principal and interest,with full balance due on June 1, 2037. 6. To secure the First Note, Defendant Randolph W. Paris on or about June 1, 2007, made, executed, and delivered to Plaintiff a written First Purchase Money Mortgage creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit"2".The Mortgage covers the property located at 1133 Hotz Ave, Iowa City, IA 52245,which is legally described as: Lot twenty-five(25) in Raphael Place,an addition to Iowa City,Iowa according to the recorded plat thereof. The Mortgage is dated June 1, 2007 and was duly filed for record on June 21, 2007 in Book 4176, Page 550 of the Records of the Johnson County Recorder.Said Mortgage secures the principal balance of$120,000.00. 7. Defendant Randolph W. Paris is the sole owner and holder of said real estate., 8. Defendant Randolph W. Paris is now delinquent in the payments on said Note and Mortgage. 9. Defendant City of Iowa City, Iowa is added as a defendant as a result of two Mortgages,the first Mortgage dated October 31, 2016 and filed for record on November 4, 2016 in Book 5583, Page 666, and the second Mortgage dated November 12, 2019 and filed for record on November 13, 2019 in Book 5978, Page 983, both in the Records of the Johnson County Recorder. Defendant City of Iowa City, Iowa may claim some right,title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 10. Any and all unknown parties in possession of the real property located at 1133 Hotz Ave, Iowa City, IA 52245,are added as defendants(if there should be such individuals) herein because they may claim some right,title or interest in the property which is the subject of this action, but any interest of such defendants would be junior and inferior to that of Plaintiff. 11. Plaintiff gave Defendant Notice of the Right to Cure Pursuant to Iowa Code Sections 654.2E and 654.2D, and more than thirty(30) days have passed since the notice was given, and the default has not been cured.A Copy of the Notice is attached as Exhibit"3" and is hereby incorporated by reference. 12. In accordance with the provisions of the Note and Mortgage, upon default and defendant's failure to cure, Plaintiff gave fourteen (14) day notice of acceleration and demand for payment of E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT the accelerated balance pursuant to Iowa Code Section 654.413, and fourteen (14) days has passed since the notice was given.A Copy of the Demand is attached as Exhibit"4" and is incorporated by reference. 13. The Mortgage provides in the event of default, suit, and foreclosure that Plaintiff's attorney fees shall be paid by mortgagors. 14. The Mortgage provides in the event of default that Plaintiff may procure a continuation of the abstract, obtain insurance for the property, pay taxes on the property, pay assessments,and add such amounts to the Mortgage debt.These amounts become a part of the Mortgage indebtedness and are secured by the Mortgage. 15. Plaintiff is the owner and holder of said Note and Mortgage. 16. In accordance with the provisions of said Note and Mortgage, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 17. Said Mortgage provide that if default shall be made in the payment of said Note or any part of the interest thereon,the Mortgage may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgage. 18. That the Defendants, nor any of them, are or have been at anytime during the preceding six (6) months members of any of the Armed Forces of the United States of America and are not entitled in any way or manner to the benefit or relief provided by the Service Members Civil Relief Act. 19. Plaintiff waives its rights to a deficiency judgment in this matter. 20. After crediting the amounts paid on said Note secured by said Mortgage,there is now due and owing Plaintiff from Defendant Randolph W. Paris on the Note in the total amount of $104,316.46 as follows: A. An unpaid principal balance on the First Note, as of March 27, 2025,of$96,679.41. B. Interest at the contractual rate of 7.625%as provided in the Note and upon on the unpaid principal balance from the date of default through March 27, 2025, in the amount of$5,509.12 plus fees in the amount of$10.00. C. Interest due from March 27, 2025 accrued and accruing at the rate of 7.625%upon the principal balance due and owing. D. A Negative Escrow balance as of March 27, 2025 of$2,117.93. E. Abstracting Costs and Court Costs. - E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT WHEREFORE, Plaintiff prays forjudgment in rem against the above described real estate for $104,316.46 on the Note,together with interest on the$96,679.41 principal portion thereof at the rate of 7.625% per annum from March 27, 2025 to date of filing of this petition, plus interest at the rate of 7.625% per annum on said principal portion, plus any advancements,from and after the date of filing of this petition, plus all reasonable attorney's fees,taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgage be established as a priority lien against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgage be foreclosed and all claims, rights,title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, and that the right,title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment,together with interest, cost, and accruing costs,to satisfy the judgment to be entered herein. PLAINTIFF FURTHER PRAYS that in the event Defendant Randolph W. Paris requests a demand for delay of sale herein,the execution sale be delayed for a period of not more than two months from the entry of judgment in the event the mortgaged real estate is not his residence, and for a period of not more than three months from the entry of judgment in the event the mortgaged real estate is his residence, and hereby waives any right to a deficiency judgment against Defendant which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the, mortgaged premises. PLAINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further i sums for taxes or insurance upon the above-described real estate, Plaintiff be given an,additional lien against the real estate for the amount so advanced. - PLAINTIFF FURTHER PRAYS that upon further application by Plaintiff a receiver be appgointed to take charge of the mortgaged premises at once and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of plaintiff's judgment. E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. q Ise _ a Christopher E. Pech AT6006178 GREENSTATE CREDIT UNION PO Box 800 2355 Landon Road North Liberty, IA 52317 legal@greenstate.org 319-248-7164 GENERAL COUNSEL-CONSUMER CREDIT for GreenState �J co w I � E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT Exhibit 1 FIXED/ADJUSTABLE RATE NOTE (One-Year Treasury Index-Rate Caps) Loan #: 55032006 THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. June 1st, 2007 Iowa City Iowa [Date] [City] [State] 1133 Hotz Ave, Iowa City, IA 52245 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 120,000.00 (this amount is called "Principal"),plus interest,to the order of Lender. Lender is University of Iowa Community Credit Union I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.625 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on July 1st, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 1st, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 825 Mormon Trek Blvd. PO Box 2630, Iowa City, IA 52246 or at a different place if required by the Note Holder. (B)Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 768.38 This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of June 2012 , and the adjustable interest rate I will pay may change on that day every 11h month thereafter. MULTISTATE FIXEDIADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Single Family-Fannie Mee UNIFORM INS*ROMENT., I CL.3 (M•843N 102051 Form 3522 1/01 VMP MORTGAGE FORMS•16001521-7291 2� Pape 1 of 5 Initials: _ •-' -- . I'�i E-FILED 2025 APR 04 8:42 AM JOHNSON - CLERK OF DISTRICT COURT The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B)The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and three quarters percentage points( 2.750 %)to the Current Index.The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.625 % or less than 5.000 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.625 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or trail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. Form 3�.Z�„11Q1 -843N(Oz05� Page z or 5 {Y ® r,a ru E-FILED 2025 APR 04 8:42 AM JOHNSON - CLERK OF DISTRICT COURT 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder.The amount of the charge will be .000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C)Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" [Weans the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: .,h Foim 3110? 64P431V(0205) Page 3 0l 5 t C,.7 E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial, interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section II(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stuns 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. _ 1 , fiv Form 352 1101 -843N I02051 Page 4 of 5 Initials: E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. q2�.-� W �' (Seal) (Seal) Randolph W P is -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] :- J - µ, co ca n.� Ck843N 10205f Page 5 of 5 Form 3522 1/01 E-FILED 202AAPR 04 8:42 AM JOHNSON -CLERK OF 41�� Doc ID: 0208a8050019 TVDe: GEN Recorded: 06/21/2007 at 02:35:01 PI1 Fee Alilt: $97.00 Pace 1 of 19 Johnson Countv Iowa Kim Painter Countv Recorder ex4176 Pa550-568 Exhibit 2 [Space Above This Line For Recording Data] 55032006 Prepared By: Nancy Jones 825 Mormon Trek Blvd Iowa City, IA 52246 319-341-2125 Return To: University of Iowa Community Credit Union 825 Mormon Trek Blvd. PO Box 2630 Iowa City, TA 52246 319-341-2125 Full Legal Description located on page 3 Lender Name located on page 2. 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 I& (A) "Security Instrument"means this document, which is dated June 1st, 2007 , together with all Riders to this document. -•r� (B) "Borrower" is Randolph W Paris, A Single Man Purchase Money Mortgage CJ Borrower is the mortgagor under this Security Instrument. *� IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 -60Al(04051.01 s Page 1 of 15 Initials: VMP Mortgage Solutions.Inc. E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT (C) "Lender" is University of Iowa Community Credit Union Lender is a state chartered credit union organized and existing under the laws of Iowa Lender's address is 825 Mormon Trek Blvd. PO Box 2630, Iowa City, IA 52246 Lender is the mortgagee under this Security Instrument. (D) "Note"means the promissory note signed by Borrower and dated June 1st, 2007 The Note states that Borrower owes Lender One Hundred Twenty Thousand and no/100. Dollars (U.S. $ 120,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1st, 2037 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ® Adjustable Rate Rider 0 Condominium Rider ❑Second Home Rider 0 Balloon Rider [] Planned Unit Development Rider 0 1-4 Family Rider 0 VA Rider Q Biweekly Payment Rider El Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (N) "Periodic Payment' means the regularly scheduled amount due for (i) principal and interest und¢{,the Note, plus(ii) any amounts under Section 3 of this Security Instrument. i 00 - c,:; Initiela. _ -60A)W4051.01 Page 2 of 15 Form-3016-,_�1/01 f N) E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender, with power of sale, the following described property located in the County of Johnson [Type of Recording Jurisdiction[ [Name of Recording Jurisdiction) Lot twenty-five (25) in Raphael Place, an addition to Iowa City,;_ Iowa�`:l according to the recorded plat thereof. _ C I- - • �Mar Parcel ID Number:10-11-334-006 which currently has the address of 1133 Hotz Ave [Street) Iowa City [City], Iowa 52245 [Zip Codel ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Initials: -6RAI (o4o5wi Pape 3 of 19 Form 3016 1101 0 E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity;or(d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment,of Mort4agc Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that,Comm pity _ „3 If11U21s:�� --, -60A1 foaosf.oi Page 4 of 15 Form 3811il01 C.J E-FILED 2025 APR 04 8:42 AM JOHNSON- CLERK OF DISTRICT COURT Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Iterns at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount(a) sufficient to permit Lendcr to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined tinder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith -60A)(04051.01 Page 5 01 15 Form,2016 1!QY ` joJ i Cx: E-FILED 2025 APR 04 8:42 AM JOHNSON - CLERK OF DISTRICT COURT by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable-Law lnitiaia: 7 -61IA)(04051.01 Page 6 of 15 F•p14t Soi6 -at - CD Co C.J E-FILED 2025 APR 04 8:42 AM JOHNSON - CLERK OF DISTRICT COURT requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations conceming Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce lat+tr_s; or -6(1A)(040501 Pape 7 of 15 F&m-3016 11101 W r_.. E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not he required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement Initials:L -BIIA)t0405f.01 Page 8 of IS Form_30 1101 3c I C�J E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds,of -60A)040501 Page 9 al 15 FeFfg-3016 �1'/01 W C 1] E-FILED 2025 APR 04 8:42 AM JOHNSON - CLERK OF DISTRICT COURT any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. [f 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 sutras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice,:,7* Initials! " 40-60A)104051.01 Page 10 of 15 Form 3016 1lg1 CID C.J C_,y E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law [night explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words the singular shall mean and include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of; (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to _1 60A)(04051.01 Page 11 o1 15 Fokk 1016 1101 E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. , iroe+a�a: 7 -6tIAl(oaos�.oi Page 12 of IS Fo.m 4016 -716 � _ 1 .. C.J E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c)a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Borrower Randol . W Paris Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower v Date Borrower Date Borrower bate Ck-60A)(0405)01 Pape 13 of 15 Form 3016 1101 E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT 26. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court Finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IIdPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) Randolph W fris -Borrower ----- (Seal) -Borrower (Seal) T (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) ._ -.-. _- �. (Seal) -Borrower -Borrower a I GD --'. -611A)10405i.01 Page 14 of 15 rorm 3016 t;])OI E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT STATE OF IOWA, Johnson County ss: On this 1st day of June 2007 before me, a Notary Public in the State of Iowa, personally appeared Randolph W Paris to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed. My Commission Expires: FEUSM AARNE R ^, Cotnffy sw Number 74SQ5 ry Public in and for said County and Slate +rY .. • co I tninels -6(IA)co4osi.01 Pape 15 01 15 Form 3016 1101 E-FILED 2025 APR 04 8:42 AM JOHNSON- CLERK OF DISTRICT COURT ,Rti `I GreenStnte Credit Union PO BOX 925_North Liberty, IA523t7 GireehState 0061Y Oki" Aug 14,2024 Exhibit 3 RANDOLPH WARREN PARIS l 133 iIOTZ AVE IOWA CITY,[A 52245 Account Plumber.— Creditor GzeeuSfute Credit Union Principal Balance: $95,575.51 Lotus ID:— Unpaid Interest: $1,497.76 Secured by properly located at; Pasi Uue Arnount: $2,526.82 Late Fee; $0.00 1133 HOTZ AVE Next Paymetn Date:Jul 1,2G24 IO'WA CITY,IA 52245 Noticeol']Jight to Cure Daily Rate: $20.24 Dear Member. This credit transaction is now I'm detault. The default may be corrected until Sep 16,2024 • If it is con•ceted the contract ninny continue as though there was not a default.The default consists of failure to pay$2,526.92 for a mortgage loan. Correction of default;Before Sep 16,2024 ,$2,526.82 needs to be paid to GroenStale Credit Union,2355 Landon Rd,North Libany, IA52317-0800. Failure to cure the(10FAL It hefon; Sep 16,202-4 may :result in acceleration of the sums secured by the mortgage, foreclosure by judicial proceedings and sale of:the property. If there is a default again in the next year. the Credit Union may exercise its rights without sending you anotlur notice like this. You have Use right to reinstate the mortgage aftcr acceleration,Jfyou meet ccrtaincoiidiuons.you shall have the right to have enforcement of the Sccurity Inslrulnent diJeentintr:)d al tiny time prior to the c:arliesl of: (a)rive days before sale of the Pmperly pursuant to any power ofsalecontained in the Sccurity Instrument;(b)such other period as Applicable Law mightspeciry for the termination of your rightto reinstate;or(c)entry of a judgment enforcing the Security Instrunment.Thmse conditions are that you: (a)pay GreenStnte Credit Union all sums which then would be due under the Sccurity Instrclrneutand the Note as if no acceleration had occurred:(b)cures any d0hull nl'any other covenants or agreements;(c)pays all expenses incurred in mforeing the Security Insn•umenL includ'uig.but not limited to, reasonable attorneys'tars,property inspection and valuation fees,and other fees incun-ed for the purpose of protecting GreenSStnte Credit Union's interest in the Property and rights under the Security lnstrumcnt;and(di takes Such aclpnn us Green Stale Credit Union may reasonably requir;to assure that GreenStnte Credit Union's interest in the Properly and rights under the Smurity Instrument.and your obligation to pay the sums secured by the Security hmstr•umenL.shall continue unchanged,The GreenStnte('rediL Union may require that you pay such reinstatement sums anti expenses in one or more of lho lullowing forma m selected I)y the GreenStnte Credit Union:(a)cash;(b)money order;(c)ccxLilied check,bank check. treasurer's chec: ..or enslaLcr's check,provided any such check is drawn upon an institution whose dep osits are insured by a federal agency,instrumentality or entity;ot(d)Elccttunw Fund Translbr.Upon reinstatement by you,the Security Instrument and nbli al ions 60CL11•ed ther•ub}.+}roll remain smelly efTuetivu in,;i'no;u;ecicration had oc:uurmd.Ilowcvur,this vight to reinstate shell r)ot apply in the casc o:acceleration under Section 18 of:he Sec,trily In [rument. You have the right to assert in the foreclosure proceeding;hc non-existence o('a dctiudL or any other defense you may have In',x uccelerttlpan and foreclosure. .' —t. Sincctrly, co_ tircenState.Credit Union Account Revolul.ions Department +-.) 1-900-446-3719or+19-341-2165 r' phi;i,i au a4entpl to C4IILtl a tI2Ix Any udcnunhun recuired.Intl fee us vl Ini tIIJI rnIrIN134 We may irrmn inrormalian nhrng imrraccnwq toeivdit bureaus.Late pn}ur*%missed pa)mcw, r acarmt inky heraaectad ko rrwu crerGt repeal E-FILED 2025 APR 04 8:42 AM JOHNSON -CLERK OF DISTRICT COURT Servicemembers Civil Relief U.S.Department of Housing OMB Approval No.2502-0584 Act Notice Disclosure and Urban Development Expire 11/30/2024 Office of Housing 1,eLal RIL[its and Protections Under the SCRA Servicemembers on"active duty"or"active service,"or a spouse or dependent of such a servieemernber may be entitled to certain legal protections and debt reliefpursuantto the Servicemembers Civil Relief Act (50 USC§§39014043)(SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Regular members of the U.S.Armed Forces(Army,Navy,Air Force Marine Corps and Coast Guard). • Reserve and National Guard personnel who have been activated and are on Federal active dirty �.10 • National Guard personnel under it call ororder to active duty for more thnn 30 consecutive days under section 502(of title 32,United States Code,for purposes of responding to a national emergency ] declared by the President and supported by Federal funds • Active service members of the commissioned corms of the Public Health Service and the - National Oceanic and Atmospheric Admi nisi ation. CJ • Certain United States citizens serving with theanned forces ofa nation with which the United States isallied in the prosecUltioriofa waror•military action, W h at 1 e;ga I P rote�tia • The SCRA states that debt incurred by a servicemen ber,or servi coin ern ber and spouse jointly,prior to entering military service shall not bear Interestata rate above 6%during the period o[in iIitary serviceand one year thereafter, in the case ofan obligation or liability consisting of a mortgage,trust deed,or other security in the nature of a mortgage,or during the period of military service in the case of any other obligation or I iabiIity. • The SCRA states that in a legal action to enforce adebt against real estate that is filed during,or within one year alter the serviccmern be?s military service,a co it rt may stop the proceedings for a period of time,or ad.just the debt.In addition,the sale,foreclosure,or seizure of real estate shall not be valid if it occurs during or within one year after the sery ice member's military service unless the creditor has obtained a valid courtorder approving the sale,foreclosure,or seizure of the real estate. • TheSCRA contains many other protections besides those applicable to home loans. How Does A Servicetnerrrber or Mpendent Request Relief'rattier 1heSCRA2 • Inorderto request relief underthe SCRA from loans with interest rates above 6%aservicememberor Spouse urust provide awritten request to the lender,together with a copy of dieservicemembees military orders.[GreenState Credit Union Po Box 800 North Liberty,IA 52317(900)446-37191 • There is no requirement under the SCRA,however,fora servicemember to provide a written notice or a copy of a servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate.Under these circumstances,lenders should inquire about the military status of a person by searching the Department of Defense's Defense Ntanpower Data Center's webs ite, contacting the servicemember.and examining their files for indicia of military service.Although there is no requirement forservicemembers to alert the lender of their military staftis in these situations,itstill is a good idea for the servicemember to do so. liow Does a S m icernetrtb r or lie flht-ain Information hour a SCRA? .QLqdML■ Servicemembers and dependents with questions about the SCRA should contact their Lin it's Judge A d voca to,or their installation's Legal Assistance Officer.A military legal assistance off ce locator for all branches ofthe An tied Forces is available at hftsWjegnlassislance.law.af.III iI/ "Military OneSOUrce"is the U.S.Department of Defense's information resource, I f you are listed as entitled + to legal protections under the SCRA(see above),please go to www.militarvonesoUueC.mil/le al orcall 1 (800) 342-9647(toll free from the United States)to find out more information.Dialing instructions for areas outside the United States are provided on the website. Form HUD-92070 (5l2017) SAW GreenState CREDIT UNION 10/31/2024 Exhibit 4 RANDOLPH PARIS 1133 HOTZ AVE IOWA CITY,IA 52245-3319 RE:MORTGAGE ACCELERATION Real Estate Mortgage on property at 1133 HOTZ AVE IOWA CITY,fA 52245 LOAN ID:- Dear RANDOLPH PARIS This letter is to notify you that GreenState Credit Union has accelerated the amount due pursuant to your note, which is secured by your mortgage on the property,located at 1133 HOTZ AVE IOWA CITY,IA 52245 The amount due pursuant to the terms of your note and mortgage as of 10/31/2024 is$97,928.01 plus interest from 10/31/2024 at the contract rate until paid in full. Failure to pay said amount,plus accruing interest on or before 11/16/2024 may result in foreclosure by judit4 proceedings and sale of the property. You have the right to reinstate your loan and the right to assort in the y foreclosure proceedings the nonexistence of a default or any other defense to acceleration or foreclosure. GreenState Credit Union Account Resolutions Department `• =_? 1-800-446-3719 or319-341-2165 Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). This is an attempt to collect a debt.Any information received shall be used for that purpose. 1 E-FILED 2025 APR 04 8:42 AM JOHNSON-CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receiving this notice because(1)your lender believes that your mortgage is seriously delinquent,or(2)a foreclosure petition was recently filed against you.The purpose of this notice is to inform you that help is available through Iowa Mortgage Help,a State of Iowa-sponsored program. help a is available Iowa Mortgage Help is a group of organizations partnering with the Iowa At6omey General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1$77-622-0866 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 maybe or has been filed against you does not necessarily mean that you will lose your house.It is NOT too late. There is stilltime for help. Do Not Delay.This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com.This free call could save your home. Iowa Mortgage Help J J 1-877-622-4866 ;-- www.lowaMortgageHelp.com - r: Cc This notice is being provided as required by Iowa Code section 654.4B(2). W - C_J END OF CASE FILE Yulissa Vargas From: Yulissa Vargas Sent: Friday, April 11, 2025 3:29 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Cc: Kellie Grace Subject: Case No. SCSC109267 Attachments: 2025041 1 1 5281 3.pdf Attached. CITY OF IOWA CITY Yulissa Vargas UNESCO CITY OF LITERATURE Deputy City Clerk p:319-356-.5040 WWW.ICGOV.ORG 410 E Washington St 0 Iowa City, IA 52240 FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at ICGOV.ORG/FAREFREE 1 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY PLAINTIFF PROGRESSIVE NORTHERN INSURANCE ORIGINAL NOTICE AND PETITION COMPANY as subrogee of JACKIE'S FOR A MONEY JUDGMENT DAYCARE LAND c/o Abbott Osborn Jacobs PLC 974 - 73rd Street, Suite 20, West Des Moines, CASE NO: IA 50265 800/617-7593 . Vs. If you need assistance to participate in Court DEFENDANT due to a disability, call the disability:: CITY OF IOWA CITY, coordinator at 319/356-6060.,Persons who are 410 EAST WASHINGTON ST hearing impaired may call Relay Iowa TTY IOWA CITY IA 52246 (1-800-735-2942). Disability coordinators cannot provide legal advise. =, TO DEFENDANT(S): 1. YOU ARE NOTIFIED that Plaintiff demands from you the Defendant(s) the amount of $4,839.25 plus interest and court costs based on damages sustained in a motor vehicle collision. The negligent acts or omissions of the Defendant(s) in failing to stop in a clear and assured distance ahead, failing to yield the right of way, failing to obey a traffic control device, failing to maintain control of the motor vehicle, failing to maintain a proper lookout and/or for other particulars to be proven at trial were the direct and proximate cause of the collision which occurred on or about 01/22/2024 and resulting damages. Plaintiff is entitled to damages as claimed herein. Attached hereto are documents evidencing the damages claimed and sustained herein. NOTE: This legal proceeding is an attempt to collect a debt and any information obtained will be used for that purpose. 2. JUDGMENT MAY BE ENTERED AGAINST YOU unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgment may include the amount requested plus interest and court costs. 3. YOU MUST ELECTRONICALLY FILE an Appearance and Answer using the Iowa Judicial Branch Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile,unless you obtain from the Court an exemption from electronic filing requirements. 4. If your Appearance and Answer is filed within 20 Days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. 5. If you electronically file an Appearance and Answer, EDMS will serve a copy of the form on Plaintiff(s), unless Plaintiff(s) is (are) exempt from electronic filing, or on the attorney for Plaintiff(s). The Notice of Electronic Filing will indicate if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the Clerk's Office of any address change. i OFN 811242 I IIIII III�I I��II IIIII li�l!9I���IIU I�� ,. M nA,AAn0,A Illlllllill!!IIIIIIIIII!Ill{IIIII{II{!III{!!I{!IIIII!Ill{Iilllilllli!IIIIIllllIIIII!IIIIIIIIIIllllllllllI{IIIlIIIIIIII!llllll E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT Abbott Osborn Jacobs PLC Kevin V. Abbott, #AT0000391 974- 73rd Street, Suite 20 West Des Moines, 1A 50265 Telephone: 800/617-7593 Email: iowa@midwestlawgroup.com E-FILED 2025 APR 07 8:25 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. SCSC109267 County Johnson Case Title PROGRESSIVE NOTHERN INSURANCE 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 w-vvw.iowacourts.state.ia.us/Efile to file and view documents in your case and to receive notices from the court. For general rules and information on electronic filing,refer to the Iowa Rules of Electronic Procedure in chapter 16 of the Iowa Court Rules at www.leeis.iowa.!aov!docs/AC0/CourtRulesCha ter116. 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►"vw.iowacourts.aov/for-the- ublic/re resentisig-vourselfl rotect- ersozial-information/. Scheduled Hearing: If you need assistance to participate in court due to a disability, call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-73 5-2942). For more information, see ,A+xN.io«vacourts.!ov/for-the-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 04/07/2025 08:25:29 AM j r District Clerk of Court or/by Clerk's Designee of Johnson County /s/Andrew Ferguson E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT I I PROGRESSIVE NORTHERN INSURANCE CASE NO_: COMPANY Plaintiff v$' AFFIDAVIT OF BALANCE DUE i VERMCATION OF ACCOUNT CITY OF IOWA CITY, IDENTFICA'I i0N OF JUDGMENT Defendant(s). DEBTOR STATE OF Ohio } }� COUNTY OF Cuyahoga ) = Melissa Ashley Marie Marason being first duly sworn on oath,depose and state that I am authorized by PROGRESSIVE NORTHERN INSURANCE COMPANY to verify the current balance due and owing by persons whose accounts arc under my control and supervision;that PROGRESSIVE NORTHERN INSURANCE COMpf1NY is the owner and holder of an account against the above-named Defendant(s);based on the books ' and records of the Plaintiff there is presently due,owing and unpaid from the De€endant(&)on said account the sum of$4,514.28; that said account is the property of the Plaintiff and remains past due and wholly unpaid;to the best of my knowledge,there has not been a knowing violation of the Consumer Credit Laws regarding this account, I further state that according to the books and ret:ords of the Plaintiff the Defendants) reside at: CITY OF IOWA CITY 410 EAST WASHINGTON ST,IOWA CITY IA 52246:that said Defendants)are not members of The Military Forces of the United States govemmm,and to the best of my knowledge are not under any legal disability or prisoner in any reformatory or penitentiary. This communication is from a debt collector and is an attempt to collect a debt_ Any information obtained will be used for that purpose, Signed this day of_12/16/2024 T 2.p� Subscribed and sworn to before me this day of 12/16/2024 20 ' NOTARY PUBLIC Account No:041449814 MEGAN MARIE MCCULLOUGH . Notary Public, state of ohio � CommWion Exp OWIZ2028 Electronically notarized online using audio-video communication via Proof. OFN 811242 CFND41449814 Il1ll1 l�1 Ili f{, 1�11 til�y[{� lull ���•��f$I WI��If[I I1� �I�AA!H#({ �t�I� E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT ABBOTT OSBORN JACOBS PLC ATTORNEYS AT LAW Partners 974-73rd Street,Suite 20 t PATRICK BUTLER KEVIN V.ABBOTTt West Des Moines,IA 50265 t`E. DOUGLAS MOORE BRETT T.OSBORN tT t NATHAN V.SWOYER TIMOTHY J.JACOBS * Toll-Free Ph 800-617-7593 t a n in rows #$ ree one: #Licensed in A7ssoi¢i KATIE HARTUNG t*+ For TTY Assistance Dial 711 +Licensed in Nebraska Web:www.midwestlawgroup.com +Licensed in Karim TU=Lsed in Texas May 15,2024 CITY OF IOWA CITY 410 EAST WASHINGTON ST IOWA CITY,IA 52246 RE: PROGRESSIVE NORTHERN INSURANCECOMPANY-JACKIE'S DAYCARE LAND Date of Loss: January 22,2024 Amount of Loss:$4,839.25 To Whom it may Concern: The above entitled matter has been turned over to this office. I would like to provide you with this opportunity to contact myself regarding an amicable resolution to this problem without the necessity of moving forward and filing a lawsuit against you. To set up payment arrangement please visit our website www.midwestlawgroup.com;email us at Iowa@midwestlawgroup.com;or call us toll free at 800/617-7593. Please contact the undersigned by June 24,2024 so we may further review this matter together. If have not heard from you within this time period,I will assume that you do not desire to amicably resolve this matter and at that time I will move forward and protect the rights of my client. This letter is an attempt to collect the debt,and any information obtained will be used for that purpose.This Communication is from a Debt Collector. Sincerely, Abbott Osborn Jacobs PLC By: Kevin V.Abbott To set up a payment plan on this debt,please call,write or email to iowa@midwestlawgroup.com OFN 811242 Illilllllll11111111111v1111n1fl111111 YFN **—***6184 CFN 041449814 11111111111 lilt 1011111111011111011111111111NVU11111111111111111n11111111111111101 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT ABBOTT OSBORN JACOBS PLC ATTORNEYS AT LAW Partners 974-73rd Street,Suite 20 t PATRICK BUTLER KEVIN V.ABBOTT f West Des Moines,IA 50265 t-E. DOUGLAS MOORE BRETT T.OSBORN f T t#NATHAN V.SWOYER TIMOTHY J.JACOBS f t* Toll-Free Phone:800-617-7593 t Limsed in Iowa KATIE HARTUNG f*+ For TTY Assistance Dial 711 $La�NNabraskkaa Web:www.midwestlawgroup.com +Licwaed in Kansas TLiceosed in Texas CITY OF IOWA CITY 410 EAST WASHINGTON ST IOWA CTIY,IA 52246 Your Reference: 811242 May 15, 2024 Abbott Osborn Jacobs PLC is a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. Information Shows: How can you dispute the debt? _ You had an account with JACKIE'S DAYCARE LAND, Call or write to us by June 24,2024,to dispute all or part of account number**-***6184. The current owner of this the debt. If you do not,we will assume that our information is account is PROGRESSIVE NORTHERN correct. INSURANCECOMPAN'Y If you write to us by June 24,2024,we must stop collection As of January 22,2024,you owed: $4,839.25 on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write Between January 22,2024 and today_ to us without the form. You may also include supporting You were charged this amount in interest. +$.00 documents. We accept disputes electronically at You were charged this amount in fees: +$.06 www.midwestlawgjou .com_ You paid or were credited this amount - $.00 toward the debt: Total Amount of the debt now: $4,839.25 What else can you do? • Write to ask for the name and address of the original creditor,if different from the current creditor. If you write by June 24,2024,we must stop collection until we send you that information. You may use the form below or write to us without the form. We accept such requests electronically at www.midwestl awgroun.cam • Go to www.cfpb.Qov1debt-collection to learn more about your rights under federal law. For instance,you have the right to stop or limit how we contact you. abou — — — — — — — — — — — — — — — — — — — — - Contact us -- jy, uLaymentoptions. — ` — _. - - - How do you want to respond? Mail this form to: Check all that apply: Abbott Osborn Jacobs PLC ❑ I want to dispute the debt because I think: 974-73rd Street, Suite 20 ❑ This is not my debt. ❑ The amount is wrong. West Des Moines,IA 50265 ❑ Other(please describe on reverse or attach additional information). ❑ 1 want you to send me the name and address of the original creditor. ❑ I enclosed or submitted this amount:El $ %awgroiRp.com Make your check payable to Abbott Osborn Jacobs PLC andinclude your reference number 811242 or scan the QR code to visit our online payment center. nu OFN 811242 �III�IIIlIIIIIIIIIYIIIIIIIIII�I YFN **—***6184 CFN 041449814 11�1��1![lIIll�Nllfllll�ll��lllll�l�IllllllAll�i�alllll�il�IIIIIIII��IIIIIIIIIItllllfilllAlll�I�ll .+amp ea���. rrm•.rs�c+ fh+vF.sa E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT INVESTIGATING OFFICER'S REPORT Shael 1 of 5 Fomr U!13=01.t3i OF MOTOR VEHICLE ACCIDENT Urw EnforcamauCan Number 120240.00493 rdAtL riEPORfS TO lo,va Daparimrnfof Transponatron OII,cE of Cr'ver Ssrnt:s PO 6ct 42ad Des lSo+Ks Iowa 5030&e20a Dete o1 Accident Time d-&cadent County, --- Amiderr.otxurred within corporate limits of(cily) 01122/2024 03:07 Hrs. JOW93ON•32 IOWA CRY-371E DriveYs Name-Last Fast Middle U RICKELS KADE RONN Address Crly State zip I 1929 S RIDGE DR CORALVILLE [A 52241•D000 T Date oFEW Dmwri LiCM#Number CDL C;.wion Charge 1 Citation Charge 2 i l213111988 BJRzx1820 Yes No Male Female 5t3ta Class Erltioraemenls Heshictians Citation Cttarge 3 Italion CharQa 4 IA 0 E I Afcahoi Teal Gruen Te;t ResuLLs Drug Test Given Test Result' Ra exam: Yea IZe Reason for Re Exam Request Owners Name•LOkA First 11"Cle CITY OF;IOWA CITY Address City State zip 410 E WASHINGTON ST IOWA CITY IA 52240.182$ License Pleic No. Btete Year N: Calar Year Make Mode; style 126M fA FVACYFEIJHJSSS2B GRY 2014 FRHT ST Trailer Plate No Stue Year qN, Tow ITOWX Towed To Am.cesemRwmr•ornanae. 1 163,000,00 li isurance Company Name Insurance Co Phone Number Insurance Policy Numbdr OLD REPUBLIC INS 02=001333798 Initial Travel Direction Veh.Act Veh.Corrfg I Ca%o Body Type Veh,Deiteel Paint o1 tribal Impact Most Damaged Area Extent of Damage Total Occ.in Veh 02 01 07 08 0102 08 2 1 Specrai Viih Func Emw9anq slaws Bus Use Dditr Cand]kn Vision Obscured Conrroutirq Dances Driver(hip to two) Driver Distractions Speed Urr it 01 01 01 01 0882 25 Tralrrc Comrats Hafzaruai Alignment Ver iea[Algnnenl ISEOUENcr= Flritt Everts Second Event I Third Everq Fourth Evtsnt I Most Harmful Event 01 02 03 OF EVENTS 39 35 Carrier Name/Lessee C O Street Address fly State I Zip Code M M Number of Axles Groas Vehicle Weight Rating US DOT Number MC Number uncerrioeroverride E 1-NONE R HazMat lnvolvement Iiaz Mat Placard Placard Number HaL Mat Released Hsz Met Class Hat Mar Nams C I Traller Plate. Stale Year VIN L Trailer Plate: State Year VIN 96 c a F Converter DoOy Daily plate State Plata Year b1N g g rgar a`v V! k Q W W Phone Number: (641)37"231 5 103 103 12 101 1 101 P DRIVER OF UNIT 1 Transpvrie0io; TranspoliMby E R Nams Phone Nwnber01 DOB T 0 �TT I I I f Address Transported to TmnspoQed by N 1 $N Name Phone Number DOB: � +o 0 N N Transporteo to Transported by a Address t- UT Name Phone Number t>aB R 91 Address Transported to Trarsported by > e D $r Name Phwn Numtwr DOB' m AdGrass Transported to: Transprted by: c 4c; E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT INVESTIGATING OFFICEWS•REPORT ShW 2 of s F�""�0970�t" '3y OF MOTOR VEHICLE ACCIDENT LOW ErdWCacrterll Caen Nwnt,er, MAIL REPORTS TO low Daparure"of'TMwpo Wwk OM"of Onwr eervtoa6.p 0 Bax92o4.Des Minna.Iowa Sp=4204 28Zi000s93 Dale of Aaldenl Tmr of A=Went County Accident occurred vriltrur corporate Emile of i ty) 0112=14 De:07 Hrs JOHNIM-62 IOWA CITY.371s mre's.Name-Last First triode U N Addrest city I T Date or Birth I Dnverc Ucsnse Number COL Catawn Charge 1 Citation Charge 2 Z Yet No Mate Femase Stair .ass Enoorsarnents Resiftions Citation Ctrargg 3 halion Charge A r 0 0 Alcohol Tesi G1veR Tea!Reatrtts Drug Test Given: Test ResutC Re-exam: Yes No Reason Tar R;=-n Request 0 r Dwnera Name-Lass First widdla RICHARDS RANDY LEE Address City Rt; 161d GYRN DR IOWA CITY Epj�' ate No. Stale Year VIN: Bala Year Make tyle IA 2024 106AD0CW1EN746G32 to 2014 NISS K IN.. State Year VfN' Tow Tow# Towed To AopaeCantoRap.lrvR�pm= 57,000.00 Insurance Company INarrte Insurance Co.Phone Number Insurance Poky Number PRO43RESSIVE 1800)77e-2776 971341610 Initial Travel Direction Veh.Act Veh.COMig. I Cargo Body Type Veh.Defect Pan[or Initial Impad Wst DamagedAree Extent of Damage Total Oom in Veh. 01 12 02 01 01 10 f0 3 0 OSpecial Veh.I— tmemency Status Bus Use Driver Condition lAsloA'Obscures SCorttnbLft 0scums,ane"Driver(up to two)I Driver Dial-actions I Speed Limit DI 26 Traffic t onirale H9rf2Unt2t Al XwreM Vertical Altprtmeflt swuE)NCE First Event Fourth E veni Moat Kwenlul Event o, 01 os OF EVENTs 35 �6 Grier NamelL"r." C 0 wreetmaress M city state Zip Codv M kumberoTAxles Gross Vehir3e Weigh Ralling US DOT Number MC-Number lUnderrIdia0verride 't NONE R Haz Mat Involvement Haz Mat tacyrd Pfacard Nurrdw I,Sz Mat p'"ased Haz Mal Class HazMat Name C I TralkrPlate: State Year VIN A � L Trailer Plate, State Year VIN Converter Dolly Dolly Plate Stara Plate Year VIN 3 W1, Phone Number. I3091 781-70G4 P DRIVER OF UNIT 2 Transported to. Transported by N E R Name Phone Number DOB: Add ' —--F— I- I Svi 0 ress N I Transported to: Transposed by: eau S N Name :PnOne tamer f7 Me W 0 N N Andreae Transposed to. Transported by. 3 JF IL U T POoneNumber DOB a R rn E 2 Address Transported to: Transported pon by. > D Z Now Phone Number DO& tis IL m Ad Ness Transportedta: TranspoR�d by E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT INVESTIGATING OFFICER'S REPORT Sh„I 3 of 5 Form 443=3(11.13) OF MOTOR VEHICLE ACCIDENT �i Law Enforcement Case Number. MAIL REPORTS TO Iowa W I2024 00493 panmere d Trencportalion,ON�oa or Prove Sarrr[�s,P O tins e204.Dora Manes laws 50306A2e4 L� Caul of Accdent Tune orA=ident County Accident o=urrdd within corporate limits or(city) 01122=4 ft.or Hrs JOHNSON.62 IOWA CITY•3715 Drrva's Name-Last First Mfdcle u N Address City Stela Ztp I T Date of Birth Driver's Ucense Number CAL UaGei1 Charge I Citation Charge 2 9 Yeu No Male Female SlapsL Flldorsernenls Restrfctlons lCitation Charge a C11BIton thttrge 4 �' LJ iS Alcolrot Test GWM- Test Results: Drug Test Gnreh: Test Result Re-exa:rt: Yes no Reagan Tor Re-Exam Repuest Owners Narpe-Last First Mldme PERKINS JACKIE VUYANZI Address City State zip 20 GRYN CT IOWA CITY W SZLd644f0 Lkerlme Flats No. State Year VIN: Color Year make model Style KUJ66S IA ZD24 1FDEMP3113DC4542S WHt 2916 FORD EC3 VN Traller Plate No. Stale Year VIN, Tow ow low"To Amsfft Ir2k I*4rru orRrotaar 1 KO00.00 Insurance Company Name Insurance Co.Phone Number Insurance Polley Number irKIN Travel Direction eh.Act Veh.CorMg Cargo OodyType Veh.Defect Paint vS Ird1IaF hrpsk! Most Dameaed Aram Extern of Damage Total OccAn Veh. 02 2 lid 01 01 09 0 2 0 Speaal Veh.Fume Fimnenry Stabis. taus Use Driver Condition Vision Obscurec Con b%rrkT lmumsWcm Driver(vp is hmi Wver Distractions Speed Lunn 01 01 01 1 ee 01 its Traffic Controls H0aZonWI AOgM%"j VMcal A➢grxn%1t 'SEDUIENCE Flrsr Evart Seeand Event Thiril Event Foratte I-vent Most 1larmlcd Evetlt 01 02 03 jOFEVENTS as 35 Carrier NamOlLessee C Q Street-AddresS GUY s13le Zip Code M M NumberblAxtss Gros's Vehicle Weight Rating US DOT Number MC Ntanber Undarode/Overefde E i-NONE " R Hsz Mat involvemerm HaZ Mat Placard Piscard Number Kit Mat Released Haz Mat One Haz Mat Name G I Trailer Plate: State Year VIN L Trailer Plats: State Year WN 9 N o c Convener Dolly 00BYPlate State P4ileYear.VIN H Phone Number: 13141 594 263D Ll I I I Afl P DRIVER OF UNIT 3 Transported to, Transported by: E f $ Name Phone Number DOS: O Address Transported to, Transported bir N1 m S N Name Phan Number DOB fl e l � N N Address Transportfd to: TransNprled by r' a U T Name Phone Number DOtI q R m E 3 Address Transported to, TramW34ed by, D Name Phone Number DOB- a m Address Transported to' Transported by: E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT Form 44330t13111-13i INVESTIGATING OFFICER'S REPORT Shea 4 of s OF MOTOR VEHICLE ACCIDENT Law Enfdrtarrda Case Numliar MAIL REPORTS T❑Iowa o■pena e+er}TevwPwrmlon Office of Dover semem Po Bos 9201.Oea M9oirreee.loxes 5 + 9ppd 2024000432 Data Of A[ddenl Time of Aeclderrt County AtClne►It 0=11fied wllydn corporate henna of(CRY) L L 01I22I2024 09:07 kts. JOIAiSGN•52 IOWACITY-3716 mat --IPfivate O LkerslOescriplk0n lntetiention? —rI Property? C GRYN DR Counttr. Route: A 52 T c y lima nt ocw"n outside it K HE E SE & Svy W NW x OooMaw. dSy Smils-show genial vicinity ��� � n� of nearest clay- 618857.75 I On Kwo.'Slreat or Hlghngy-. 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RNarno PtaanO tlambes DDS: 1 Address S aoh0ITest Givsn Fest ReSuily: arup Test Given Ree-su ft Chotged Yee No r S rdmpwm to: Transported W N P Ir Property other than ed Oarnxgwi R vehicles dtmapea explain Estimate of Dertglge N Owners Last Name Ffmt Name lrfW0lt!kartre Prme Humour VP E.S Address Stale Zip H R Clly wworWORMiloilfied7 1 T Il Prapflrry other then ob)ect DanugvrS es 2=N69=Unknoawl - Y valklar damapd explain EsWhate o1 Demagr Last Name First NBms fvid a Marne Phone Nurnba LD M Address R C CftY $refs Zip Cods WM firmer Or tenant na!}Tred? CE0 1-Ya s•4-No 9=Unknown lad Nave F.'vel Name Oss City State Tip Code Phorra Number e w � Last Name Ftrs t4 � Address City Stale Zip Cads Phone Number T e N l asrkarrre FG et Name City 5t31e by Coda Ptwnc Huhlber E ,. S I a■t llama Frsl Nine Address Giy Srats Zip code Phorse Number c Last Narrre Fssf Mane Address City Stale 2iP Cede Phone Number d is Th4 a sownda(y rash? Type of primary nddenl Roadway Clearance Date incident Ctsaranoa Date Y LC) N 0 Ofr2212024 0=2ta 24 m Signature of Orucar Budge Number Time Olficer NWmd of Aoddenl Roadway Clearance Time trrtidentc-WMI. rrre Tyne OFFICER DARIN ZACHARL45 12B 08:018 Hrs. W45. H(g wn Name of Hm• Agency Date x Rap9rt Time Officer Arrived At Scene Total Roadway Clearance Time Ctal trmident Cteararrce Ttmc IOWA CITY POLICE DEPARTMENT 0112?12Q24 08:14 Hrs. 00D 37 001:01 Report Renewed By Data of Review bwesG align made a sCerw7 T.I.No. Olher Technica!Inveatigailna Agency ANDYRICH 01124=4 Y '5 N E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT INVESTIGATING OFFICER'S REPORT Sneel a or s Form 4433003(1 1-131 OF MOTOR VEHICLE ACCIDENT law Enforcement Case Number 2g24D00493 MAILREPORTS TO Iowa Deperw eiv or Tiarspa4atan Office of Omer Servpces P 0 Boa 9204,Des Manes kr a S0306-9n l I r A f' G _ . R ; r A M ` ua y r d Vehicle t was driving west on Gryn.Vehicle 2 and Vehcle 3 were both legally parked on G". The driver of vehicle I said he Was going up the hill and started to slide because the roads were covared in snow and slush. VeMe t stared to slide back and slid back into vehicle 2 and vehicle 3 at the same time. N A R R f A T I V E f c7 N O r en r Q N O N A in 116 Q> 7 N m m Rl a w E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT BREAKDOWN OF CLAIM Collision $3,839.25 Deductible $1,000.00 Less Payment -$324.97 TOTAL PLED IN PETITION $4,514.28 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT Claim Payment Detail( 24-9266184 Payment Information Disbursement Number. 221143991 Total Amount: $3,839.25 Draft Number. 6007936809 Invoice Number. 124292388 Pay to the Order of: JACKIE PERKINS Mailing Address: 28 GRYN CT IOWA CITY,IA 52246 USA In Payment Of: Progressive Invoice Number.124292388 Reviewed Summary Issuing Rep: SXT0182 Approved By: 4 Issue Date: 03-07 24 Review Date: Last Updated Rep: SXT0182 Reviewed By: Bank Information Type: Loss Bank Code: 1CD Stop Reason: Cleared: 03-14-24 Stop Date: Exposure Detail:COLL Party Name: PERKINS,JACKIE Amount Paid: $3,839.25 Property Description: 16 FORD E350 SUPER DUTY Deductible Taken: $1,000.00 Payment Type: FINAL PAYMENT Property Damage: $0,00 Rental: $0.00 E-FILED 2025 APR 04 3:51 F'M JOHNSON - CLERK OF DISTRICT COURT Value Date:05/06=24 Program:24344-Chicago-PROGRESSIVE SUBRO Batch Number:130 Item Number:7 Payment Serial Number:371580 Amount:USD 324.97 Entity Name:EMC RISK Per MsEerial ACrCC 33-64 NO. 371580 rtraa 4 rt r)C71 ua -75F P.O.B=sacs Doa Mokm A SMWsM 371580 05/01/2024 024.97 vor6F NOT CASr-E❑ Comment: @@@PD-subro-JackiWs Daycare,.DOL.1-22-24 +'MH:N SIX MONT"S BANKERS TRUST COMPANY Pav Three Hundred Twenly Four and 971100 dollars 65MOrFE5 OWA To The Progressive Subrogalion Drder Of 24344 Network Place Chicago,IL 60673-1243 — _ ALFTHW, EOStGWATURE Tao tigmNnea r¢uun:d on clixAs yeah t mo$5.000 d'376Mow t:D73000642l: 08 $67 6®' 100000324971 Page 1 of 4 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT 1 Progressive Northern Insurance Co Estimate10 1672727-8 Original Claim Number 24-9266184-01 Owner Insured Appraiser JACKIE PERKINS JACKIE'SDAYCARE LAND STEVEN THOMAN (440)566-5498(Work) sthomanl@progressive.com Classification None Underwriter Progressive Northern insurance Co Progressive No rthem I nsurance Co Claim Number Adjuster Deductible Reported Date 24-9266184-01 LEO JAMES FUDALAN 1000.00-Not Waived 02/28/2024 (440)620-1568(Work) al42924@progressive.com Loss'Date Inspection Site 01/22/2024 FIELD 28 Gryn Ct Iowa City,IA 52246 (319)594-2630(Mobile) 2016 Ford E-350 S uper D utyCutaway Cutaway 138"WB 6.81-10 Cyl Gas Injected RWD Exterior Color License V IN Drivable WHITE IA-KUJ 665 1FDEE3FS1GDC45423 Yes Odometer Mitchell Service Code 44920 912351 Primary Pointof Impact Left Front Corner(11) JACKIE'S DAYCARE LAND 1 2016 Ford E-350 Super Duty Cutaway Parts Profle Parts Profile Version CL IA ALL PART TYPES 13.0 LABOR PART - Line# Description Operation Type Total Units Type Number Qty Total Price Tax Front Door 1 2011% L Frt Door M-IrrorAssy Remove/ Body 0.3 Qtsl Recycled 220244APU 1 $112.SQ Yes Replace Part Additional Costs&Materials omitted on VedT Mitchen Cloud Ks =tlnErm Pr'v�an Page 1or6 3/6/2024 MltchdlErtimAing225 GopyrItht1994-2024MNchelllntomstionaLknr. 3/612024 Clbwa 04:41 PM OEM MAIL24 V All Iutihts nmerved 04:41 PM Pl'dbu.I. 10M E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT LABOR PART Line# Description Operation Type Total Units Type Number Qty Total Price Tax 2 936w7 Shop Materials Additional $83.16' Yes .Cost 3 900501 3%oflaborexcktding refinish 4 AUTO Paint/Materials Additlonal $400.00' Yes Cost Special/Manual Entry s 90ow L Frt Corner Panel Repair Body` 10.01 Existing 6 93som L Frt Corner Panel Refinish Refinish 4.0' Labor 7 90os0o L Running Board Remove/ Body' 0.6' Existing Install 8 900500 L Lower Side Panel Repair Body 3.0' Existing 9 935ow L Lower Skit Panel Refinish Refinish 2.5` Labor lu 900500 L Rub Rail Remove l Body 2.1' Existing Install 11 900500 L Mesh Grille Remove/ Body 0.5' Existing Install 12 900500 L Marker Lamp Remove/ Body` 0.3' Existing Install 13 900500 L Wheel Flare Remove/ Body` 0.5' Existing Install 14 900500 L Frt Panel Moulding Repair Body* 1.0' Existing 15 935M L Frt Panel Moulding Refinish Refinish 1.51 Labor 16 9wsw Cover Car For Overspray Remove/ Body` 0.5' New 1 $10.00, Yes Replace 17 9005M Caulk&Seal Comer Panel Remove/ Body' 1.01 New 1 $25.00' Yes Replace •Judgmentltem CIncluded in ClearCoatCalwlation T Included inTwo Tone Calculation A Included in ClearCoatand Two ToneCaicuWon #Labor NoteApplles r CEGR&RTlme Used forthis LaborOperation d Discondnued byManufacturer I 1 Verifythepartnumber and price before ordering Recycled Part Vendors Carney Auto Parts 1816 SE 5th Street Ames IA 50010 (B00)262-3808(Work) tom@carneyautoparts.com Line Part# Total Price Vehicle Description VIN 1 220249APU $112.50 Side View Mirror-Year.2010 Conditions and Options:blacktextu redA CONDITION Units of Damage:0 0 CON D:0 0 PartRating:A Supplier Notes:APU,Quote#:121709447794355 Notes:APU,Side View M irror-Year2010 Conditions and Options:blacktextured,A CO NDITION U nits of Damage:0.0 COND:0.0 PartRating:A Stock Number.2202491 RECY rmaJned oe venim Mikhail Cloud EatlmaelnE prkwc)n ftdh Page 2of6 3/6=24 3/612024 MltchellEs —Irtg235 Copyricht199 Ktchelllntcmtland,Ync. 0 4AIPM Po1&Vkrdn 04:41PM OEMMAUY All MshtL RmwYd 10.0 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT Disclaimer.Recycled part pricing may represent either actual pricing(the price at which the recycler is willing to sell the part for in its existing condition)or undamaged pricing(the price at which the recycler would sell the part if it was i n undamaged condition).If you are unsure,please contact the automotive recycler. Estimate Totals hbiiri Units . '. elaEe°`'; 5utikAidt!'I�Airipunt=_.. ,.�z4. Total$ Body Labor 19.8 $140.00 $2,772.00 Refinish Labor 8.0 $140.00 $1,120.00 Total Labor 27.8 $3,892.00 Taxable $3,892.00 Tax 7.0000% $272.44 Non-Taxable $0.00 Are-Tax Discount $0.00 0.00% Labor Total $4.164.44 r'ARlou4t Pars Taxable Parts $147.50 $147.50 Parts A4ustments $0.00 Tax 7.0000% $10.33 Non-Taxable $0.00 Pre-Tax Discount0,00% $0.00 Parts Total $157.83 dtherAdditional Costs $83.16 $83.16 Paint Materials $400.00 $400.00 Taxable. $483.16 Tax 7.0000% $33.82 Paint Materials Rate:$50.00 Non-Taxable $0.00 Rate Max:99.9 units Pre-Tax Discount 0.00% $0.00 Additional Rate:$0.00 Costs Total $516.98 GrossTotaW. Amount r Gross Total $4,839.25 $1,839.25 Taxable $4,522.66 Tax $316.59 Non-Taxable $0.00 Pre-Tax Discount $0.00 0.00% Gross Total $4,839.25 AiljustirxYets '�"=� t f '�r Deductible -$11000.00 -$1,000.00 Total Customer -$1,000.00 Responsibility Net Estimate Total $3,839.25 All manufacturers requirements regarding seat belt and supplemental restraint system replacement must be adhered to.If additional parts Cb0°itttdft yd*" Mitchell CloudL0ma4ngTM PrhWon p6h~ Page 3of6 3/6/2024 Mitchell Estimating23S 3/6/2024 CLIowa 04:41 PM OEM MAR_24 V CoPY�Iirt 19942024 Mitchell Intem=tonal,Inc. 04AI PM PM(aeVarA0A All fights Reserved 20.0 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT or operations are necessary to properly accomplish this,please contact the esti mating claims rep. THIS IS A DAMAGE ASSESSM ENT ONLY-NOT AN AUTHORIZATION TO REPAI R- BASED ON DAMAGE V1S1 B LE OR CERTAI N AT THE TI M E IT WAS WR ITTEN. IF FRAME OR UN I BODY REPAI R IS I NCLUDED ON THIS ESTI MATE,THEAMOUNT SHOWN I NCLU DES TI ME OR ALLOWAN CE FOR MEASURING BEFORE,DURINGAND AFTER THOSE REPAIRS. TH E OWN ER OF THE VEH 1 CLE MAY SELECT TH E R EPA]R FACI LITY OF H IS/H ER CHOICE TO ENSURE PROPER AN D PROMPT PAYMENT FOR ADDITIONAL DAMAGE DISCOVERED DURINGTHE COURSE OF REPAI RS,CONTACT PROGRESSIVE FOR SUPPLEM ENT HANDLING PROCEDURES. PROGRESSIVE HONORS THE PREVAILING LABOR MARKET RATE IN YOUR AREA FOR YOUR PROPERTY.I F YOU CHOOS EA SHOP THAT CHARGES IN EXCESS OF PREVAILI NG LABOR MARKET RATES,YOU WI LL BE RESPONSI B LE FORTH E DIFFERENCE. LI FETI ME GUARANTEE FOR SHEET M ETALAN D PLASTI C BODY PARTS The replacement parts written on the estimate are intended to return your vehicle to its pre-loss condition with proper installation. After repair,if any sheet metal or plastic body part i ncl uded i n the estimatefails to return your Vehicle to its pre-foss condition (assuming proper Installation),in terms ofform,fit,finish, durability or functionality,Progressive will arrange and pay for the replacement of the part,to the extent not covered by a manufacturer's or other warranty.This service will be performed at no cost to you(i ncl udi ng assod ated repair and rental car costs).To obtain service underthis Guarantee,call Progressive at 1-800-274-4641.This Guarantee appl ies as long as you own or lease the vehicle.Thi s Guarantee is not transferable and terminates if you sell or otherwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED BY IMPROPER MAINTENANCE,NEGLECT,ABUSEOR SU.BSEQUENT ACCID ENT.THIS C-Mmmew, r TM a h 0n Pr-01*. .1�1 W612024 Mitchell Estl-ling235 MtcheJlCbud Estimatint 3/6/2024 Cl lnwa Page of6 04:41PM OEMMAR_24V coPYright1994.2024)4tcWllntematlonal,lnc.All Rights Reserved 04:41 PM Pmfft V.*m 10.0 E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT GUARANTEE IS LI MITEDTOARRANGING FOR THE SELECTION OF REPAIR PARTS THAT WILL RETURN YOUR VEHICLETO ITS PRE-LOSS CONDITION.ACCORDINGLY, PROGRESSIVE WILL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTALOR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATION OR USE OF THESE PARTS. Part Type Terms and Abbreviations NEW and OEM or part number displayed-These refer to a new,origi nal equipment manufacturer part NON-OEM and AIM and Qual REPL-These refer to an after-market part, which is a new,non-original equipment manufacturer part. USED/RECYCLED and LKQ-These refer to a used OEM part. REMANUFACTURED and RECOND.and RECORE-These refer to used/recycled OEM parts that have been refurbished. REPAIR SHOPS AUTHORIZED REPRESENTATIVE'S SIGNATURE INDICATING AGREEMENTON COSTTO RETURN THE VEHICLE TO PRE-LOSS CONDITION INCLUDING TOW/STORAGE CHARGES: SHOP SIGNATURE: EST.COMPLETION DATE: ANY PERSON WHO,WITH INTENTTO DEFRAUD OR KNOWING THAT HE/SHE IS FACILITATING A FRAUD AGAINSTAN INSURER,SUBMITS AN APPLICATION OR FI LES A CLAI M CONTAIN I NG A FALSE OR DECEPTIVE STATEMENT IS GUI LTY OF INSURANCE FRAUD. Part Type Terms and Abbreviations NEW and OEM or part numberdisplayed-These referto a new,original equipment manufacturer part. NON-OEM and AIM and QUAL REPL-These refer to an after-market part, which is a new,non-original equipment manufacturer part USED/RECYCLED and LKQ-These refer to a used OEM part. REMANUFACTURED and RECOND.and RECORE-These referto used/recycled OEM parts that have been refurbished. On y"n° Mltchdf CfoudExlnrtins FRi4Q0 n hdikt Pap 5 of6 3/612024 h4fchdlEstheat1ng235 3/6/2024 Chows 04:41PM OEMMAR_24 V CAPvriiht1994-2024NGtchcll lnte a iona4ln— 04:41PM PbftV� All Rights Reserved SOD E-FILED 2025 APR 04 3:51 PM JOHNSON - CLERK OF DISTRICT COURT Progressive's Lifetime Guarantee does not cover repairs you request the shop to make that are not related to this accident,including but not exclusive to unrelated prior damage and pre-existing damage. Disclaimer:Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information In an application for Insurance is guilty of a crime and maybe subject to fines and confinement in prison. Cycle Time Information Estimate Event Log Due In 3/6/2024 Job Created 3/5/202405.-40 FM Estimate Started 3/6/2024 0209 PM Estimate Printed 316/2024 04.41 PM Estimate Committed 3/6/202404:41 PM Estimate Version 0 Estimate Retrieval ID 10000189065 C.MMOWO. VOdM 3/W204 9fne295 Mltdidl Claud Winwtnim Ft on on. pap 6or6 041PM OEM MAFL24V C,wgitt1994-2024Mtchdllntemational,bic 3/6/2024 Llawa All RightsRasarved 04:41 PM Prdaay� 10A eForm 3.11: Appearance and Answer of Defendant(s) In The Iowa District Court for JOHNSON County Plaintiff(s) Appearance and Answer PROGRESSIVE NORTHERN INSURANCECOMPANY of Defendant(s) Small Claim No. SCSC109267 vs, Defendant(s) If you need assistance to participate in court due to a disability,call the CITY OF IOWA CITY disability coordinator(information at www.iowa.courts.gov/Representing_Yourself/ADAAccess). Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735- 2942).Disability coordinators cannot provide legal advice. Check only one of the following: The claim is denied. Parties will receive electronic notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). The claim is admitted. Judgment may be entered. The claim is admitted in part in the amount of$ Parties will receive electronic notification of the hearing time and place through the Iowa Judicial Branch Electronic Document Management System (EDMS). 1. You must electronically file your Appearance and Answer using EDMS, unless you obtain from the court an exemption from electronic filing requirements, at https://www.iowacourts.state.ia.us/Efile 2. If you electronically file, EDMS will serve a copy of this Appearance and Answer on Plaintiff(s), unless Plaintiffs) is (are) exempt from electronic filing, or to the attorney for Plaintiff(s). The Notice of Electronic Fiing will indicate if you must mail a copy of your Appearance and Answer to Plaintiff(s). 3. You may download this form online at https://iowacourts.state.ia.us/Efile. Unless the court has granted you an exemption from electronic filing, you must scan and electronically file this Answer and Appearance form, or fill out and electronically file the online form, in accordance with Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System. /s/ /s/ Filing Defendant or Attorney Second Defendant it applicable Law firm,if applicable Law firm,if applicable Mailing address Mailing address Telephone number Telephone number Email address Email address Additional email address,if applicable Additional email address,if applicable eForm 3.11,page 1 of 1 END OF CASE FILE Kellie Grace From: Kellie Grace Sent: Wednesday, April 16, 2025 1:04 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: EQCV086271 Attachments: 1184_001.pdf Attached. I &WA UN A UNESCO CITY OF LITERATURE 1<effie Grace, CVC City Clerk office:319-356-5041 410 E Washington St, Iowa City, IA 52240 WWW.ICGOV.ORG e� 011 Iowa City Transit is now FARE FARE FREE Learn more at IOWA CITY IC60V.QRG FAR€FR€E 1 E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Freedom Mortgage Corporation ) Plaintiff, ) EQUITY NO: EQCV086271 vs. ) ORIGINAL NOTICE Katherine McGwin,Nelson&Sons Plumbing& Heating Inc.; ) City of Iowa City,Iowa; Unknown spouse, if any, of ) Katherine McGwin; Parties in Possession ) Defendants. ) To the above-named defendant City of Iowa City,Iowa,c/o City Clerk or Mayor 410 E Washington St,Iowa City,IA 52240: You are notified there was filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is Emily Bartekoske, c/o SouthLaw, P.C., 4601 Westown Pkwy Suite 250,West Des Moines, I.A 50266. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920, ext. 1105.Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942.Disability coordinators cannot provide legal advice. Clerk of the District Court Johnson County Courthouse Iowa City, Iowa IMPORTANT _ YOU ARE ADVISED TO SEEK LEGAL ADVICE AT 1.2 ONCE TO PROTECT YOUR INTERESTS. oil i File No.250574-1053886 111�1 11 111111 Service Package File # 250574-1053886 Notification Id = 2368707 City of Iowa City, Iowa C/o City Clerk or Mayor 410 E Washington St Iowa City, IA 52240 E-FILED 2025 MAR 31 2:14 PM JOHNSON- CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV086271 County Johnson Case Title FREEDOM MORTGAGE CORP VS KATHERINE MCGWIN 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 wrtw.iowacourts.state.ia.us%]::file 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 wNvw.lc«is.iota.c-ovi'docs,"ACO/CourtRulCsCha]tcri 16.1df 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\vJowacourts.gc�vi'for-the��ublicirepresenti�zgyourselt-'protect-person.i]-infc.�rmatiot�. Scheduled Hearing: If you need assistance to participate in court due to a disability, call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY (1-500-735-2942). For more information, see www.iowacotifls_gov/l'or-tliepublic/;�d Disability access coordinators cannot provide legal advice. Date tssued 03/31/2025 02:14:11 PM District Clerk of Court orlby Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Freedom Mortgage Corporation Plaintiff, vs. EQUITY NO: EQCV086271 Katherine McGwin; Nelson & Sons Plumbing & Heating Inc.; City of Iowa City, Iowa; UnknoAm spouse, if any, of FORECLOSURE PETITION Katherine McGwin; 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 THE ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. FORECLOSURE PETITION Plaintiff, Freedom Mortgage Corporation, by and through its attorney, Emily Bartekoske of the firm of SouthLaw, PC., and foi-its cause of action against Defendant(s) states as follows: L The Plaintiff. Freedom Mortgage Corporation, is a business organization duly authorized to transact business in the State of Iowa. 2. Defendant(s) Katherine McGwin is a resident(s) of Johnson County, Iowa and is believed to be single_ t File No. 250574 ' I II III IIII III II II Illll UI I III I II II IIIlI IIIII II IIII �� E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2, &5 35.13. 4. Plaintiff elects to waive its right to a deficiency judgment against Katherine McGwin, and is seeking a judgment solely in rein against the subject real property described below. 5. On or about December 27, 2022, Katherine MCGivin executed and delivered a promissory Note (the "Note") to GreenState Credit Union, in exchange for good and valuable consideration, in the maximum principal sum of$116,400.00,together with interest. A copy of the Note is attached as Exhibit "A" and incorporated by reference. The Note provides that the principal and interest are payable in monthly installments until fully paid. 6. To secure repayment of the Note, Katherine McGwin made and delivered mortgage (the "Mortgage")to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for GreenState Credit Union, its successors and assigns, on the real property legally described as: The West Half of Lot 4, Block 16, East Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, commonly known as 2118 F St, Iowa City, IA 52245 (the"Property"). 7. The Mortgage was recorded on December 29, 2022, in Book No. 6450, at Page 103, in the office of the Recorder of Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit"B" and incorporated by reference. 8. The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage and/or Certificate of Merger(s)attached as Exhibit"C"and incorporated by reference. 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the-right to foreclose the Note and.Mortgage. 2 :xr File No. 250574 -- E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT 10. Katherine McGwin failed to make the installment payments as they became due since September 1, 2024. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed. Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 13. Under the terms of the Note and Mortgage, upon default, Defendant(s) Katherine McGwin, agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. 14. An Affidavit of Attorney's Fees as required by Iowa Code Section §625.24 will be filed prior to the entry of a Decree of Foreclosure. 15_ Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.2B and 654.2D. More than 30 days have passed since the notice was given, and the default has not been cured. A copy of the Notice is attached as Exhibit"D" and incorporated by reference. 16. The Note and Mortgage provide that in the case of default,the holder of the note may declare the entire principal balance phis accrued interest due and payable. 17. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of Acceleration (the "Notice") and made demand for payment of the accelerated balance pursuant to Iowa Code §654.413. Fourteen days has passed since the notice was given. A copy of the Notice is attached as Exhibit"E"and incorporated by reference. 18. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, thereAs now due and owing Plaintiff from Defendant(s)Katherine McGwin the following: a. the unpaid principal balance of the Note in the sum of$l.14,275.71 3 File No. 250574 E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT b. the unpaid interest which has accrued at the rate of 6.625'o per annum from August 1, 2024,and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, £ all costs for insufficient fiords charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property; and g. the costs of this action,including reasonable attorney's fees. 19. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. AI I of the Defendant(s) may have or may claim to have some right, title or interest in or to the Property, but any such claim is inferior and subject to the lien of the Mortgage. 20. Defendant(s)Parties in Possession arc named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 21. Defendant City of Iowa City, Iowa has been named by virtue of a junior mortgage recorded on February 28, 2023 in the office of the Recorder of Johnson County, Iowa, in Book 6459 at Page 979- 984. Defendant City of Iowa City, Iowa may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 22. Defendant Nelson & Sons Plumbing & Heating Inc. has been named by viirtue of a commencement of work recorded on October 4, 2024 in the office of the Recorder of Johnson'Count}; 4 File No. 250574 E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT Iowa, in MNLR ##049453-0. Defendant Nelson & Sons Plumbing&Heating Inc. may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiff s Mortgage. 23. Defendant Katherine McGwin was single at the time of the execution of the Note and Mortgage, and is believed to still be single. Defendant Unknown Spouse, if any, of Katherine McGwin has been named by virtue of his/her marital interest in the event that Katherine McGwin has since married,however,any such interest would be junior and inferior to Plaintiff,s Mortgage. 24. Plaintiff prays for a judgment against the Property for the following: a. the unpaid principal balance of the Note in the sum of$114,275.71 b. the unpaid interest which has accrued at the rate of 6.625% per annum from August 1, 2024, and which continues to accrue at such rate until fully satisfied c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing this action; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. all sutras paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, f. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or Fees Plaintiff may expend to protect its security interest in the Property; and g. the costs of this action,including reasonable attorney's fees. Plaintiff prays that the Mortgage be declared a first and prior lien on the Property, superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective advancements made by the Plaintiff for property preservation and other costs between the tinic'of the Decree and the time of the Sheriff's sale. 5 File No. 250574 ;^ is J.) E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT Plaintiff prays that its Mortgage be foreclosed and that all junior and inferior liens and mortgages be barred from claiming any right,title, or interest in the Property. Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution should issue for the sale of the Property and the proceeds should be applied to Plaintiff's judgment, together with interest, costs, and accruing costs including, but not limited to, any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale. From and after the sale under special execution, the right, title, lien or interest of the Defendant(s) in the Property should be forever cut off, barred and foreclosed, and the purchaser at the sale shall take the Property free and clear of any right, title, lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County, Iowa, to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants, provided that the court first finds that (a) all equitable titleholders who have not abandoned the Property have consented to such sale; and (b) the terms of such sale are commercially.reasonable. 6 File No. 250574 E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT Plaintiff prays for such other and further relief as may be j ust and equitable in the premises. Respectfully Submitted, SouthLaw,P.C. s!Emily Bartekoske Enuly Bartekoske(AT0010255) 4601 Westown Pkwy Suite 250 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. 7 File No. 250574 E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT MIN NOTE December 27,2022 Iowa City' �,' Iowa [Date] [City] _ [State] 2118 F St,Iowa City, IA 52245 [Property Address] 1. BORROWER'S PROMISETO PAY In return for a loan in the amount of U.S.$116,400.00 (the"Principal")that I have received from�GreenState Credit Union,a State Chartered Credit Union (the"Lender"), I promise to pay the Principal,plus interest,to the order of the Lender.I will make all payments under this Note in U.S.currency in the form of cash,check, money order, or other payment method accepted by Lender. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid Principal until the full amount of the Principal has been paid.I will pay interest at a yearly rate of 6.625%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month,This amount is called my"Monthly Payment" i will make my Monthly Payment on the 1st day of each month beginning on February 1,2023. 1 will make these payments every month until I have paid all of the Principal and interest and any other charges described below that I may owe under this Nate.Each Monthly Payment will be applied as of its scheduled due date and will be applied to interest before the Principal.If, on January 1,2053, I still owe amounts under this Note, I will pay those amounts on that date, which is called the"Maturity Date" I will make my Monthly Payments at 2355 Landon Road,P.O.Box 800 North Liberty,IA 52317 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My Monthly Payment will be in the amount of U.S. $745.32. This payment amount does not include any property taxes, insurance, or other charges that I may be required to pay each month. 4. BORROWER'S RIGHTTO PREPAY I have the right to make payments of principal at any time before they are due.A payment of principal only is known as a"Prepayment"When I make a Prepayment, I will notify the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the Monthly Payments then due under this Note. I may make a fu[I Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note.However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my Monthly Payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE—Single Family OLEN Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3200 07/2021 Init -- R ICE Mortgage Technology,Inc. Page 1 of 3 I-3200Q'I NUI L 0522 F3200NOT(CLS) 12/27/2022 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT #� 5. LOAN CHARGES LOAN If applicable law 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 will be reduced by the amount necessary to reduce the charge to the permitted limit,and (b) any sums already collected from me that exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any Monthly Payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder.The amount of the charge will be 5.000%of my overdue Monthly Payment.I will pay this late charge promptly but only once on each late payment. (B) Default If l do not pay the full amount of each Monthly Payment on the date it is due, I will be in default. (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if l do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of unpaid Principal,all the interest that I owe on that amount,and other charges due under this Note(the"Default Balance").That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder If I am in default and the Note Holder does not require me to pay the Default Balance immediately as described above,the Note Holder will still have the right to do so if I continue to be in default or 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 the Default Balance immediately 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 and costs. 7. GIVING OF NOTICES (A) Notice to Borrower 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 ff I give the Note Holder a notice of my different address.I will promptly notify the Note Holder of any change to my physical address and of any change to my mailing address.Unless applicable law requires otherwise,notice may instead be sent by e-mail or other electronic communication if agreed to by me and the Note Holder in writing and if I have provided the Note Holder with my current e-mail address or other electronic address.If I have agreed with the Note Holder that notice may be given by e-mail or other electronic communication, I will promptly notify the Note Holder of any changes to my e-mail address or other electronic address. (B) Notice to Note Holder Any notice that I must give to the Note Holder under this Note will be delivered by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety,or endorser of this Note is also obligated to do these things.Any person who takes over these obligations, including the obligations of a guarantor,surety,or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. ' 9. WAIVERS r I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due._"Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE FIXED RATE NOTE—Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 07/2021 fnitials,� ICE Mortgage Technology,Inc. Page 2 of 3 F3204v21NOTL 0522 r-T3200NOT(CLS) 12/2712022 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT '10. UNIFORM SECURED NOTE LOAN,#� This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Mortgage Deed, Deed of Trust,or Security Deed(the"Sac urity Instrurrtent"), dated the same date as this Note,protects the Note Holder from possible losses that might result if do not keep the prom- ises that I make in this Note,That Security Instrument also describes how and under what conditions I may be required to make immediate payment 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, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender will give Borrower notice of acceleration.The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 within which Borrower must pay all Gums secured by this Security Instrument.If Borrower fails to pay these sums prior to,or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to:(a) reasonable attorneys'fees and costs;(b)property inspection and valuation fees; and(c)other fees incurred to protect Lender's Interest in the Properly and/or rights under this Security Instrument, WITNESS THE HAND(S)AND SEAL(S) OF THE UNDERSIGNED. ICATHERINE MCGWIN (Seat) [Sign Original Only] Lender:GreenState Credit Union NMLS ID:401238 Loan Originator:Sara Marshall NMLS ID: 805422 MULTISTATE FIXED RATE NOTE—Single Famiy Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 07/2021 ICE Morigage Technology,Inc. Initials: Page 3 of 3 F3200v21 NOTL 0522 F3200NOT(CLS) 12/27/2022 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON-CLERK OF DISTRICT COURT Pay to the order of vdftut mmuma Frwdam Marlgege CaWraUGn Maria Gallucc} swrY E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT ALLONGE Note Date:12/27/2022 Borrower(s) Names: Katherine McGwin Property Address: 2118 F St Iowa City, IA 52245 Loan Amount:$116,400.00 Loan Number WITHOUT RECOURSE PAY TO THE ORDER OF AmeriHome Mortgage Company, LLC GreenState Credit Union F/K/A University of Iowa Community Credit Union, State Chartered Credit Union 8 ; Lisa P tterson Mort age Loan Sales&Support Officer E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT Allonge to Note Loan Number per Note: AmeriHome Loan Number: Loan Amount: $116,400.00 Note Date: 12/27/2022 Borrower Name(s): Katherine McGwin Property Address: 2118 F St, Iowa City, IA 52245 Pay to the order of: FREEDOM MORTGAGE CORPORATION Without Recourse AmeriHome Mortgage Company, LLC, a Delaware Limited Liability Company Signature: Name of Authorized Signer: Victor Rodriguez Title of Authorized Signer: Vice President, Capital Markets, Post Closing E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT BK: 6450 PG: 203 Recorded:12129/2022 at 11:25.11.0 AM County Recording Fee: $67.00 Iowa E-FiUng Fee:$3.00 Combined Fee:$70.00 Revenue Tax, Klm Painter RECORDER Johnson County,Iowa When rocardod,return to: GreenState Credit Union Attu:Mortgage Department 2355 Landon Road P.O.Box 200 North Llbelty,IA 52317 800.3873790 This document was prepared by: Lindsey Bat" GreenState Credit Union 2355 Landon Rd North Llbarty,IA 52317 3143339-1000 LOAN 4 EsPwa Above 7hta Lh-m For Recording Data) Lagat Dasctiption on Pap 3. MORTGAGE PURCHASE MONEY MORTGAGE APN O: 1 o%t85o10 Filly DEFINrrK= MERS PHONE p J."S4794377 Words used in rnutliple sacttof"s of this dccxcnrsnt are def nad below and otherwo(ds are defined under the cap- flan TRANSFER OF RIGHTS IN THE PROPERTY and in Sections 3,4,10,11,12,10,19,24,and 25.Certain regarding arding the usago a!wor used In this document are else provided in Sedan 17, Parties (A)"Borrome'lis KATHERINE iACOMN,SINGLE WOMAN curren*residing at 429 ftter0an Sk lows QW,A 52245. Bomwar Is rho mortgagor under this Sowrq lneuumartL (B)"L.ender'ls GrrenState Credit Unlon. Lender is a State Chartprad CreditUn[on, organitxed and iodsfng anderthe 0:3 o!io+va. LAMders addressls 2355 Landon Road,P.O. Box 8 0,north Liberty,to SZ317. The torn'La nder'includes any 5uacMOM and a5slgn5 01 Lender, (C)"MEAS"Is MOrlgn'EIa"*Dnlc Ragistratron Syst9ms,Inc.HERS is a separate ftrporatlon that Is acting solely as a ra min as for Londor and Londet's sucussars and asstrs.HERS I the Amortgugoo under this InFttals: IOWA-s'.FOFemy-F�ldlrwVmdftMnUNIFOFtwJUSrMU11ENT (MERS) Fwm=8 orrz1 ICE Nomar Twxrxzv ,r-M. �a,ge 1 of 13 W&iEflE;p 0322 ME)=(CIS) 1YrI7M=DZ=PM Pb"r exH3eEr B E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT When recorded,return to: GreenState Credit Union AUn.Mortgage Department 2355 Landon Road P.O.Box 800 North Liberty,IA 52317 800-397-3790 This document was prepared by; Lindsey Bates GreenState Credit Union 2355 Landon Rd North Liberty,IA 52317 319-3394000 LOAN ff'- ISpace AboveThis Line For Remiling Data)Legal Description on Page 3, - MORTGAGE PURCHASE MONEY MORTGAGE APN#: 1014185010 fV1IN DEFINRIONS MERS PHONE#:1-888-679-6377 Words used in multiple sections of this document are defined below and other words are defined under the cap- tion TRANSFER OF RIGHTS IN THE PROPERTY and in Sections 3,4,10,11,12,16,19,24,and 25.Certain rules regarding the usage of words used in this document are also provided in Section 17. Parties (A) "Borrower"is KATHERINE MCGWIN,SINGLE WOMAN currently residing at 429 Peterson St,Iowa City,IA 52245. Borrower is the mortgagor under this Security Instrument. (B) "Lender"is GreenState Credit Union, Lender is a State Chartered Credit Union, organized and existing under the laws of Iowa. Lender's address Is 2355 Landon Road,P.O. Box 800,North Llborty,IA 52317. The term"Lender"Includes any successors and assigns of Lender. (C)"MERS"is Mortgage Electronic Registration Systems,Inc.MERS is a separate corporatlon that Is acting solely as a nominee for Lender and Lender's successors and assigns.MERS is the mortgagee under this Initials: C_� IOWA—Single FaWry—Fannie MaefFreddle Mac UNIFORM INSTRUMENT (MERS) Form 3tne 07l2021 ICE Mortgage Technology.Inc. Page 1 of 13 IA21EDEED 0322 IAEDEED(CLS) 12r27r2D22 02=02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT LOAN#� 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,let.(888)679-MERS_ Documents (D) "Note"means the promrssory note dated December 27,2022, and signed by each Borrower who is legacy obligated for the debt under that promissory note,that is in either(i)paper tOrm,using Borrowers written Pon and ink signature,or(i€)electronic form,using Borrowers adopted Electronic Signature in accordance with the LfETA or E-SIGN,as applicable.The Note evidences the legal oVga€ion of each 80rrower who signed the Nola to pay lender ONE HUNDRED SIXTEEN THOUSAND FOUR HUNDRED AND Noll 00...... who signed the Note has promised In pay this dabllla e(tular$116,400.00 )plus Inlerest.Each Borrower laler than January 1,2053. 47 � payments and to pay the debt In full not (E) "Riders"means ail Riders to this Security instrument that are signed by Borrower.All such Riders are incorporated Into and deemed to be a part of This Security Instrument.The following Riders are to be signed by Borrower icheck box as applicab[e]: ❑Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 FamilyRider Second Home Rider ❑ Planned Unit Development Rider ❑V.A.Rider ❑ Olher(s)[specify) (F) "Security Instrument"means this document,which is dated December 27,2022, together with all, 'Riders to this document. Additional Definitions (G)'Applicable Law"means all controlling applicable federal,state,and focal statutes,regulations,ordina and admin€strative rules and orders(that have the effect of law)as well as all applicable final,non-appences, alable judicial opinions. (H) "Cam munftyAssociation Dues,Fees,and Assessments"means all dues,fees,assessments,and other 7. charges that are imposed on Borrowororthe Property by condominium association,homeowners association, or Similar organization. (1) "Default"means:(i)the failure to pay any Periodic Payment or any other amount secured by this Security Instrument on the date it is due;(it)a breach of any representation,warranty,covenant,obligation,or agreement in this Security Instrumenl;(iii)any materially false,misleading,or inaccurate into rmation or statement to Lender provided by Borrower or any parsons or entitles acting at Borrowers direction or with Borrowers knowledge or consent,or failure to provide Lender with malarial information in connection with the Loan,as described in Section 8;or(!v)any action or proceeding described in Section 12(e), (J) "Electronic FundTranster"means any transferal funds,other than a transaction originated by check,draft, or similar paperinstrumenl,which Is initialed through an electronic terminal,lei ep lie nic1nstrument,computer,or magnetic tape so as to Order,Ins Ina cf.or authorize a financial insklullon to debit or credit an a coo unt,Such term includes,but is not limited to,paint-of-sa[e transfers,automated teller machine transactions,transfers initialed by telephone or other a]actronlc device capable of communicating with such financial institution,wire transfers, and automated clearinghouse transfers. (K)"Electronic Signature"means an`Etocironie Signature"as d off ned!n the UETA or E-SIGN.as applicable. (L) "E•SIGN"means the Eleclronic Signatures in Global and National Commerce Act(15 U.S.C.§7001 et seq.), as li may ba amended tram time to time,or any applicable additional or successor leglsIBtlon that governs the same subject matter. (M)"Es craw Items"means:(i)taxes and ass assmonIs and 011her Items that can attain priority over this Security instrument as a lien or encumbrance on tha Property;(i€)I ease hold payments or ground rents on the Property,II any;(iii)premiums for any and all insurance required by Lender under Section 5;(iv)Mortgage insurance prom i- unt3,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 11;and(v)Community Assoclation Dues,Fees,and Ass essmants if Lender requlras that they be escrowed beginning at Loan closing or al any time during the Loan term. (N) "Loan"means the debt obligation evidenced by the Note, plus interest,any prepayment charges,costs, expenses,and late charges due under the Nato,and all sums due under Ihis Security Instrument,plus interest, (0)"Loan Servicer"means the anlily that has the contractual right to receive Borrower's Periodic Payments and any other payments made by Borrower,and administers the Loan an behalf of Lender.Loan Serviosr does not include asub-servicer,which is an antlly that may service tha Loan on behalf of the Loan Servicer, (P) "Miscellaneous proceeds"means any compensation,settlement.award of damages,Or proceeds paid by anyINrdparty(01 her than Insurance proceeds paid under the cove rages de scribed in Section 5)lor:(1)damage to, or des IrucTion of,the Praperly;(if)condemnation a other taking of ail or any part of the Property;(iii)conveyance in lieu at condemnation;or(Gl)"tAortgagelnsurance(Iv)misrepresentallons at,0rGmfssions as to,the value andlorco rid ition of the Property. "meansinsumnceprotectingLandora gains IIhanonpsymontof,orC ale u]t on,theLoan. (R)"Partial Payment"means any payment by Borrower,other than a voluntary prepayment permitted under the Note,which is less than a full outslanding Periodic Payment. (S) "Periodic Payment"means the regularly scheduled amount due for(1)principal and interest under the Note, pus(ir}any amounts under Sectlon 3, Initials: IOWA-SlrKW Family-Fannie MaerReddle Mac UNIFORM(NSMMENT (MERS) Fo+m aor a 0712021 ICE M-ga0o Techne.ogy,ink, Page 2 of 13 w211=_oeEo 0322 VZOEEoiCLS) 12/27f2022 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON-CLERK OF DISTRICT COURT LOAN M- (T) "Property"means the property descried below under the heading"TRANSFER OF RIGHTS IN THE PROPERTY." (U)"Rents"means all amounts received by or due Borrowerin connection with the tease,use,and/or occupancy of the Property by a party other than Borrower. (V) "RESPA"means the Real Esiate Settlement Procedures Act(12 U.S.C.§2501 et seq.)and its implament- ing regulation,Regulation H(12 C.F.R.Part 1024),as they may be amended[ram time to time.or any additional or successor faderal legis€alion or regulation that governs the same subject matter.When used in this Security Ins trumen I,'R ES PA'refers to all requiromonIs and isstriClions that would apply to a Isdorally rotated mortgage loan even if the Loan does not qualify as a'Code ratty related mail gage loarr under RESPA_ (W)"Successor in Interest of Borrower"means arty party that has lakes lflle to the Property,whether or not that party has assumed SorTower's obligallons under the Nate andlor this Security Instrument. (X) "UETA"means the Uniform Eiectronic Trans act ions Act,as anacled by the Jurisdiclion in which the Property is located,as it may be amended from time to time,or any applicable additional or successor legislation that governs the same subject matter. TRANSFER OF RIGHTS IN THE PROPERTY This Securily InMfumanI secures 10 Lender(i)the repayment of the Loan,and all renewals,extensions,and modifications of the Nate,and(tl)the performance of Sofrower's covenants and agreements under this Security Instrument and the Note.For this purpasa,Borrower Irrevocably morl gag as,grants,and conveys to MESS(solely as nominea for Lender and Lenders successors and assigns)and to the successors and assigns of MERS,I h a following described properly located in the County of Johnson: The West Half of Lot 4,Block 16,East Iowa City,Iowa,according to the plat thereof recorded in Book 1, Page 92,Plat Records of Johnson County,Iowa. APN#: 1014185010 which currently has the address of 2118 F St,Iowa City Istreeq Icihi Iowa 52245 {"Property Address'; f]p Codei TOGETHER WiTH all the improvements now or subsequently erected on the property,including replace- ments and additions to the improvements on such property,all property tights,including,without limitation,all easements,appurtenances,royalties,mineral rights,nil or gas rights or profits,water rights,and ftxlures now or subsequenlly a part of the property,All of the loregoing is referred to in this Security Instrument as the"Properly.' Borrower understands and agrees trial M+ERS holds only legal title to the interests granted by Borrower In this Security Instrument,but,if necessary to comply with law orcusiorrl,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,Including,but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to, releasing and canceling this Security instrument. BORROWER REPRESENTS.WARRANTS,COVENANTS,AND AGREES that:[)Borrower lawfully owns and posssossos the Property conveyed[n this Security Instrument in fee simple or lawfully has the right to use and occupy the Property under a leasehold estate;(ii)Borrower has the fight to mortgage,grant.and corrvey this Property or BorroweesIoasohoid Interest in the Prop erty:and(lit)t h a Property is unencumbered,a n 6 n a I s ubject to anyoth9rownership interest in the Property.except fo r encumbra n c a s and ownership i ntere s is at record.Borrower warrants genoraity the Lille to the Properly and covenants and agrees to defend the title to the Property against all claims and demands,subject to any encumbrances and ownership interests of record as of Loan closing. THIS SECURITY INSTRUMENT combines uniform covenants for national use with t€rnited variations and non-uniform covenants that reflect specific Iowa state requirements to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal,Inlerest,Escrow Items,Prepayment Charges,and Late Charges.Borrower will pay each Periodic Payment when due.Borrowerwill also pay any prepayment charges and late charges due under the Note,and any other amounts due under this Securily instrument.Payments due under the Note and this Security instrument must be made in U.S.currency.If any check or other Instr'um�e�n`t received by Lender as Initials: y��_-- IOwA-Single Fam[ly-Fannin Mao/Freddle Mac UNIFORM INSTRUMENT (MFRS) Forrn 3018 0712021 ICE Mortgage Tochnology.Inc. Page 3 of 13 IA21EDEED 03Y2 IAEDEED(CLS) 12272022 02.D2 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT LOAN payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any Or all subsequent payments due under the Note and this Security Instrument be made in one or more of the fatiowing forms,as selected by Lender;(a)cash;{b)money order;(c)cartifred check,bank check,treasurer's check,or cashier's check,provided any such check is drawn upon an iristilutlon whose deposits are insured by a 11.S.federal agency,instrumentality,or entity;or(d)Elecironfc Fund Transfer. Payments are deemed received by Lender when received at the location designated In the Note or at such Other locallcn as may be designated by Lender in accordance w€th the notice provisions in Section 16.Lender may accept or return any Partial Payments in Its sole discretion pursuant in Sectlon 2- Any offset or claim Thal Borrower may have now or in the future against Lender will not relieve Borrower from making the full amount of all payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Acceptance and Application of Payments or Proceeds. (a) Acceptance and Application of Partial Payments,Lender may accept and either apply or hold in suspense Parfiaf Payments In its sole discretion in accordance with this Section 2.Lender is not obligated to accept any Partial Payments or to apply any Partial Payments at the time such payments are accepted,and also is not Obligated to pay interest on such nnapplied lunds.Lander may hold such uoaµpGed funds until Borrower makes payment sufficient to cover a full Periodic Payment,at which time the amount of the full Periodic Pay- ment wlII be appiiad to the Loan,If Borrower does not matte such a payment within a reaso nab to period of time, Lender will either apply such funds in accordance with this Section 2 or return them to Borrower,if not applied earlier,PartlaI Payments will be craditod against the total amount due under the Loan in cafe ulating the amount due in connection with any foreclosure proceeding,payoff request,loan modification,or reinslalement.Lender may accept any payment insufficient to bring the Loan current without waiver of any rights under this Security Instrument or prejudice is its rights to refuse such payments in the future, (b) Order of App11catIon of Partial Payments and Periodic Payments.Except as otherwise described in this Section 2,If Lender applies a payment,such payment will be applied to each Periodic Payment In the order in which it became duo,beginning with the oldest outstanding Periodic Payment,as follows:first la interest and then to principal due under the Nola,and finally to Escrow Items.If all outstanding Perlodlc Payments then due are paid in full,any payment amounts rematnln9 may be applied to fate charges and to any amounts then due under this Security Instrument.If all sums then due under the Note and this Security Instrument are pald In full, any remaining payment amount may be applied,In Lender's sole discretion,to a future Periodic Payment or to reduce the principal balance of the Nola. If Lender receivesa payment from Sorrowerin the amountof one ormore Periodic Payments and the amount of any late charge due for a delinquent Periodic Payment,the payment may be apptiedto the delinquent payment and the late charge, When applying payments,Lender will apply such payments In accordance with Applicable Law, (c) Voluntary Prepayments.Voluntary prepayments will be applied as descrbed in the Note. (d) No Change to Payment Schedule.Anyappticallon of payments,Insurance proceeds,or Miscellaneous Proceeds to princ1paI due under the NGte will not extend or postpone the due date,archanga the amount,of the Periodic Payments. 3, Funds for Escrow[tears, (a) Escrow Requfrement;Escrow items.Borrower must pay 10 Lender on the day Periodic Payments are due under the Nate,until the Note is paid in lull,a sum of money to provide for payment of amounts due for all Escrow Ilems(the"Funds").The amount of She Funds required to ba paid each month may change during the term of the Loan,Borrower must prompIty furnish to Lender all notices a invoices of amounts to be paid under thls Section 3. (b) Payment of Funds;Walver.Borrower must pay Lender the Funds for Escrow Items unless Lender waives this obiigation in writing.Lender may waive this obligation for any Escrow lie at any time,In the event of such waiver,Borrower must pay directly,when and where payable,the amounts due for any Escrow Items subject to the waiver.II Lender has waived the roquirement to pay Lender the Funds for any or all Escrow Items,Lender may require Borrower to provide proof of direct payment a[those items within such time period as Lender may require.Borrower's obrigation to make such timely payments and to provide proof of payment is deemed to be a covenant and agreement of Borrower under this Security Instrument,If Borrower is obligated to pay Escrow Items directly pursuant to a waiver,and Borrower fails to pay limaly the amount due for an Escrow Item,Lender may exercise ITS rights under Section 8 to pay such amount and Borrower will be obligated to repay to Lender any such amount in accordance with Section 8. Lender may withdraw the waiver as to any or all Escrow Items at any time by giving a notice In accordance with Section 16;upon such withdrawal,Borrower must pay to Lender all Funds for such Escrow Items,and in such amounts,that are then required under this Section 3. (c) Amount of Funds;Application of Funds.Lender may,at anytime,collect and hold Funds in an amount up to,but not In excess of,the maximum amount a lender can require under RESPA,Lender will estimate the amount of Funds due In accordance with Applicable Law, The Funds will be held in an Institution whose deposits are insured by a U.S.federal ardency,instrumentality, or entity(Inciudin9Lendor,if Lander Is an InsIitulIon whose deposits are so Insured)or in any Federal Home Loan Bank-Lender will apply the Funds to pay the Escrow Items no later than the time speclRed under RESPA,Lender may not charge Borrower for:(i)hotdinL7 and applying the Funds;(5 annually analyzing the escrow account;or (ill)verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lander to make such a charge.Unteas Lender and Borrower agree In wrlbrig or Applicable Law requires Inter- est to ba paid on the Funds,Lender will not be required to pay Borrower any Interest or aarn!ngs on the Funds. Lender wlll give to Borrower,wit houl charge,an annuat accounting of the Funds as reeqquIred by FFttESPA. Initials: r IOWA-SirqW Fatuity-Fartnle MaelFreddle Mac UNIFORM INSTRUMENT (MERS) Forrn 301e 07r2021 ICE~5eongageTerhrto$oW Inc. Page 4 of 13 EA2IEOEEO 0322 IAEI)EEa(CLS) 1 2/27/2022 0 2:a2 Phi PST E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT LOAN u- (d) Surplus;Shortage and Deficiency of Funds.In accordance with RESPA,if there is a surplus of Funds held In escrow,Lender will account to Borrower for such surplus.If Borrowers Periodic Payment Is delinquent by more than 30 days,Lender may retain the surplus in the escrow account for the payment of the Escrow Items. If there Is a shortage or deficiency of Funds held in escrow,Lender will notify Borrower and Borrower will pay to Lender the amount necessary to make up the shortage or deficiency in accordance with RESPA. Upon payment Infull of all sums secured by this Security instrument,Lender will promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens.Borrower must pay(a)all taxes,assessments,charges,fines,and impositions attribu table to the Property which have priority or may attain priority over this Security Instrument,(b)leaseh(3)d payments or ground rents on the Property,if any,and(c)Community Association Dues,Fees,and Assessments,if any.if any of these items are Escrow Items,Borrower will pay them in the manner provided in Section 3. Borrower must promptly discharge any lien that has priority or may attain priority over this Security Instru- ment unless Borrower.(aa)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but ordy to long as Borrower is pedontting under such agreement;(bb)contests the Gen In good faith by,or defends against enforcement of the Ilan in,legal proceedings which Lender determines,in its sole discretion,operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(cc)secures from the holder of the Gan an agreement satisfactory to Lender that subordinates the lien to this Security Instrument(collectively,the'Roquired Actions").If Lender determines that any part of the Property is subject to a lien that has priority or may attain priority over this Security Instru- ment and Borrower has not taken any of the Required Actions in regard to such lien.Lender may give Borrower a notice Identifying the Ilen.Within 10 days after the date on which that notice Is given,Borrower must satisfy the lien or take one or more of the Required Actions. 5. Property Insurance. (a) Insurance Requhwnent;Coverages.Borrows r must keep the improvementsnow existing or subsequently 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,winds,and floods,for which Lender requires insur- ance.Borrower must maintain the types of insurance Lender requires 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,and may exceed any minimum coverage required by Applicable Law.Borrower may choose the insurance carrier providing the insurance,subject to Lender's right to disapprove Borrower's choice, which right will not be exercised unreasonably. (b) Failure to Maintain Insurance.II Lender has a reasonable basis to believe that Borrower has failed to maintain any of the required insurance coverages described above,Lender may obtain insurance coverage, at Lender's option and at Borrower's expense.Unless required by Applicable Law,Lender is under no obliga- tion to advance premiums for,or to seek to reinstate,any prior lapsed coverage obtained by Borrower.Lender is under no obligation to purchase any particular type or amount of coverage and may select the provider of such insurance In its sole discretion.Before purchasing such coverage,Lender will notify Borrower 11 required to do so under Applicable Law.Any such coverage will Insure Lender,but might not protect Borrower,Bor- rower's equiry in the Property,or the contents of the Property,against any risk,hazard,or liability and might provide greateror lessarcoverage than was previously in effect,but not exceeding the coverage required under Section 5(a).Borrower acknowledges that the cost of the insurance coverage so obtained may significantly exceed the cast of insurance that Borrower could have obtained.Any amounts disbursed by Lender for costs associated with reinstating Borrower's insurance policy or with placing new insurance under this Section 5 will become additional debt of Borrower secured by this Security Instrument.These amounts will bear interest at the Note rate from the date of disbursement and will be payable,with such interest,upon notice from Lender to Borrower requesting payment. (c) Insurance Policies.All insurance policies required by Lender and renewals of such policies:(1)will be subject to Lender's right to disapprove such policies;(it)must include a standard mortgage clause;and(16)must name Lender as mortgagee andfor as an additional loss payee.Lender will have the right to hold the policies and renewal certificates,If Lender requires,Borrower will promptly give to Lender proof 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 must include a standard mortgage clause and must name Lender as mortgagee arKVor as an additional loss payee. (d) Proof of Loss;Application of Proceeds.In the event of loss,Borrower must give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower.Any insurance proceeds,whether or not the underlying insurance was required by Lander,will be applied to restoration or repair of the Property,if Lender deems the restoration or repair to be economically feasible and determines that Lender's security will not be lessened by such restoration or repair. If the Property is to be repaired or restored,Lender will disburse from the insurance proceeds any Initial amounts that are necessary to begin the repair or restoration,subject to any restrictions applicable to Lender. During the subsequent repair and restoration period,Lender will 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(which may include satisfying Lender's minimum eligibility requirements for persons repairing the Property,including,but not limited to,licensing,bond,and insurance requirements)provided that such inspection must 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,depending on the size of the repair or restoration, the terms of the repair agreement,and whether Borrower is in Default on the Loan.Lender may make such disbursements directly to Borrower,to the person repairing or restoring the Property,or payable jointly to both. Lender will not be required to pay Borrower any interest or earnings on such Insurances proceeds unless Lender initials; IOWA—Single Famlly—Fannie MaelFmddta Mao UNIFORM INSTALMENT IMERS) Form 3016 0712021 - ' ME Mortgage Tea,nohW.Una. Page 5 of 13 IA21EDEED 0322 IAEDEED(CLS) 1 2127=22 0 2;02 PM PST 'f . v E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT LOAN#� and Borrower agree In writin g 0 r Appi ice ble Law requires otherwise,Fees for public adjusters,or01 her thW parties, retained by Borrower wilf not be paid out of the insurance proceeds and wilt be(he sole obliga Iron of Borrower. ff Lender deems the resloration or repair not to be economically feasible or Lender's securlty would be Isss- enad by such restoration 0r repair,the insurance proceeds will be applied to the sums secured by Ihis Security Instrument,whether ar not then due,with the excess,it any,paid to Borrower.Such insurance proceeds wall be apofled In iha order Thal Partial Payments are applied in Section 2(b). (e) Insurance S etf lern e nts;Ass IgnmanI of Procoods.If Borrower abandons the Pro party, Lender may file,negotiate,and settle any available Insurance claim and related matters.It Borrower duos not respond within 30 days to a nonce from Lender Ihe,the insurance carriorhas offered to serife a claim,then Lender may negotiate and settle the claim.The 3"ay period wltl begin when the notice is given.In either event,or If Lender acquires the Property under 5ecifon 26 or otherwise,Burrower is unoondiIionally assigning to Lender(r)Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note and this Security Instrument,and(iI)any other of Borrower's rights(of har than the right to any refund of unearned premiums paid by Borrower)under all insurance pollcJos covering the Property,to the extent that such rights arc applicable to the coverage of the Prop arty.If Lender fiies,negotiate%or settles a claim,Borrower agrees that any Insurance proceeds may be made payable directly to Landnr withrrrrt fho need to ino]udo Borrower as apI dL(di(ion aI loss payee.Lender may use the insurance proceeds either to repair or restore I h a Property(as provided in Section 5(d)) or to pay amounts unpaid under the Note ar this Security Instrument,whether or not then due, 6. Occupancy,Borrower must occupy,estabflsh,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and must continue to occupy the property as Bor- rower's principal residence for at leas;one year after the date of occupancy,unless Lender otherwise aTees in wriling,which consent will not be unreasonably wlthheld,or unless extenuating circumstances exist that are beyond Borrower's control. 7. Preservallon,Maintenance,and Protection of the Property;inspections.Borrower will not destroy, damage,or impair the Property,allow the Property to deteriorate,ar commit waste on the Property.Whether or noI Borrower is residing in the Property,Borrower must maintain the Properly in order to prevent the Property from deter[eraling or decreasing in value due to its condition,Unless lender de(ermines pursuant to Section 5 that repair or restoration is not economically feasible.Borrower will prcmplly repair the Property if damaged to avoid further deterioration or damage, If insurance or condemnation proceeds are paid to Lender in connection with damage to,or the taking of, the Property,Borrower will be responsible for repairing or restoring the Property only if Lender has released Proceeds for such purposes.Lender may disburse proceeds for(he repairs and restoratan In a single payment or in a series of progress payments as the work Is ccInpleled,depending on the size of tha repair or restoralion, the terms of the repair agreement, and whalher Borrower is In Default an the Loan.Lender may make such disbursements directly to Borrower,to the person repairing or restoring the Property,or payable jointly to both. If the insurance Or condemnation proceeds era not 3Ufficl0nI to repair a restore the Property,Borrower remains obligated to 00mpleta such rep atr or restoration. Lender may make reasonable entries upon and Inspections of the Property,If Lender has reasonable cause, Lender may inspect[he interior of the improvements on the Property,Lender will give Borrower notice?at the time of or prior to such an interior Insp sell on specifying such reasonable cause. U. 9orrower's Loan Application,Borrower will be in Default If,during the Loan application process,Bor. rower or any persons or entitles acting at Borrower's direction or with Borrowers knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan,including,but not limited to,overstating Borrower's Income or assets,understating or iaif'.ng to provide documentelion of Borrowers debt obligations and liabilities,and mis- rep rose win g Sorrower's❑ccupancy cr intended occupancy of the Properly as Borrower's principal residence. 9. Protection of Lander's Interest In the Property and Rights Under this Security instrument, (a) Protection of Lender's Interest,If:(i)Borrower fails to perform the covenants and agreements con- tained In this Security Instrument;(it)lhere is a legal proceeding or government order that might significantly affect Lenders Interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnallon or forfel6ure,for enforcement of a lien that has priority or may attain priority over this Security Instrument,or to enforce laws or regulations);or(III)Lender reasonably believes that Borrower has abandon ad the Property,then Lender may do and pay for wha(eve r is reasonabo or appropriate to protect Lender's interest In the Property andlof rights under this Security instrument,including protecting and/or assessing the value of the Property,and securing andror repairing the Property.Lender's actions may include, but are not limited to;(1)paying any sums secured by a lien that has prtarity or may attain priority over this Secu- rity Instrument:(11)appearing in court;and(ill)paying:(A)reasonable attorneys foes and costs;(8)property inspection and valuation fees;and(C)other fees incurred for the purpose of protacting Lendor's 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,exterior and interior inspections of the Property,entering Iha Properly 16 make repairs,changing locks,rapt acing or boarding up doors and wlndows,draining water from pipes,eliminating bulIding cr other code vialatiens or dangerous condl[ions,and having utilities turned on or off. Although Lender may take aclIon under this Section 9,Lender is not required to do so and is not under any duty ar abfigation to do so.Lender will not be liable for not taking any or a I I actians authorized under this Section 9. (b) Avdlding Foreclosure;Mitigating Lasses.It Borrower is In Default,Lender may work with Borrower to avoid foreclosure and/or millgate Lender's potential losses,but Is not obligated to do so unless required by ApPI[cat[a Law_Lender may take fee sonable actions to evaluate BOrrowerforavaiIable allornatives totoreclosure, I1XIuding,but not limited to,obtainIngcredil reports,fit le reports,tilfe insurance,prope fly vafualions,subordination agreements,and third-party approvals.Borrower authorizes and consents to the so acItons.Any costs associated Initials: 1OWA-Single Family-Fannie McerFreddle Mac UNIFORM INSTRUMENT (MERS) Form 301@ 072021 iCE Mortgage Technalogy,Inc, Page 6 of 13 1A21 E0EFFA 0322 W1 DEEA(CLS) 1227r422 02A2 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT LOAN with such loss mitigation activities may be paid by Lender and recovered from Borrower as described below In Section 9(c),unless prohibited by Applicable Law. (c) Additional Amounts Secured.Any amounts disbursed by Lender under this Section 9 will become additional debt of Borrower secured by this Security Instrument. these amounts may bear interest at the Note rate from the date of disbursement and will be payable,with such interest,upon notice from Lender to Borrower requesting payment. (d) Le aseh old Terms-II this Security InslrumeM Is on a leasehold,Borrower will comply with all the plovi- lions of the lease.Borrower will not surrender the leasehold estate and Interests conveyed or terminate or cancel The ground lease,Borrower will nof,without the express written consent of the Lender,Mier or amend the ground lease.11 Borrower acquires fee We to the Property,the leasehold and the fee title will net merge unless Lender agrees to the merger in writing. 10. Assignment of Rents. (a) Assignment of Rents.if the Properly is leased to, used by,or occupied by a third party II-Tenant"), Borrower Is unconditionally assigning and transferring to Lender any Rents,regardless of to whom the Rents are payable.Borrower authorizes Lender to collect the Rents,and agrees[hat each Tenant will Niy the Rents to Lender.However,gorro'wer wiil receive the Rents until(]Lander has given Born war notice of Defaultpursuantio Section 26,and(t€)Lender has given notice to the Tenant that the Rents are to be paid to Lender.This Section 10 constitutes an absolute assignment and not an assignment for additional security only. (b) Notice of Default.B Lender gees notice of Default to Borrower:0)all Rents received by Borrower must be held by Borrower as trustee for the benefit of Lender only,to be applied to the sums secured by the Security Instrument;(it)Lender will be entitled to collect and receive all of the Rents;(lit)Borrowar agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's written demand to the Tenant; (iv)Borrower will ensure that each Tenant pays all Rents due to Lenderand will take whatever action is necessary to collect such Rents if not paid to Lender,(v)unless Applicable Law provides othary iise,all Rents collected by Lender will be applied first to the costs of taking control of and managing the Property and collecting the Rents, including,but not limited to,reasonable attomeys'fees and costs,receiver's fees,premiums on receiver's bonds, repair and maintenance costs,insurance premlums,lazes,assessments,and other charges on the Property, and then to any other sums secured by this Security Instrument;(vi)Lender,or any Judicially appointed receiver, will be liable to account for only those Rents actually recelved;and(vll)Lender will be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. (c) Funds Paid by Lender.If the Rents are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents,any funds paid by Lender for such purposes will become indebtedness of Borrower to Lender secured by this Security Instrument pursuant to Section 9. (d) Limitation on Collection of Rents.Borrower may not collect any of the Rents more than one month in advance of the time when the Rents become due,except for security or similar deposits. (e) No OtherAssIgnment of Rents.Borrowerrepresents,warrants,covenants,and agreasthat Borrower has not signed any prior assignment of the Rents,will not make any further assignment of the Rents,and has not per- formed,and will not perform,any actlhatcou Id prevent Lenderfrom exercising its rights under this Security Instrument. (f) Control and Mak tenance of the Property.Unless required by Applicable Law,Lender,or a receiver appointed under Applicable Law,Is not obligated to enter upon,take control of,or maintain the Property before or after giving notice of Default to Borrower.However,Lender,or a receiver appointed under Applicable Law,may do so at any time when Borrower is in Default,subject to Applicable Law. (9) Additional Provisions.Any application of the Rents will not cure or waive any Default or invalidate any other right or remedy of Lender.This Section 10 does not relieve Borrower of Borrower's obligations under Section 6. This Section 10 will terminate when all the sums secured by this Security Instrument are paid In full. 11, Mortgage Insurance. (a) Payment of Premiums;Substituttlon of Policy;Loss Reserve;Protection of Lender.If Lender required Mortgage Insurance as a condition of making the Loan,Borrower will pay the premiums required to maintain the Mortgage Insurance in effect.If Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,and(1)the Mortgage Insurance coverage required by Lender ceases for any reason to be available from the mortgage insurer that previously provided such insurance,or(u)Lender deter- mines in Its sole discretion that such mortgage Insurer is no longer eligible to provide the Mortgage Insurance coverage required by Lender,Borrowerwill pay the premiums required to obtain gage substantially equivalent to the Mortgage Insurance previously In effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect,from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available,Borrower will continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept,use,and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve will be non-refundabda,even when the Loan is paid in full,and Lender will not be required to pay Borrower any Interest or earnings on such loss reserve. Lenderwill no longer require loss reserve payments It 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 acondition of making the Loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower will 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 Initials: - iOWA-Singto FarrOy-Fannie MaelFreddle floc UNIFORM INSTRUMENT (MERS) Form 301e 072021 ICE Mortgage Terhnoogg Inc. Page 7 of 13 t421EDEED 0322 IAEDEED fCLS) 12272022 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT LOAN#� Lando r pnx4ding for such term[net[on or urigI terminallOn is required byApplk-able Law.Nothing in this Section 11 affects Borrower's obligation to pay Interest at the Note rate. (b) Mortgage Insurance Agreements,Mortgage Insurance reimburses Lender for certain losses Lender may incur If Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage insurance policy or coverage. Mortgage insurers evaluate their total risk on elf such insurance in force from time to lima,and may enter into agreements wish other parties that share or ins"their risk,or reduce fosses.These agreements may require the mortgage insurer to make payments using any source of funds]hat the mortgage insurer may have avallable (which may Include funds obtained Irom Mortgage fnsurance pro miuris), As a result of these agreements,Lender,another Insurer,any reinsurer,any other entity,or any atliitate 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.Any such agreements will not:(I)affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan;(il)Increase the amount Borrower will owe for Mortgage Insurance;(fii)i entitle Borrower to any refund;or(Iv)affect the rights Borrower has,if any,with respect to the Mortgage Insurance under the ffameownefs Protection Act of 1998(12 U.S.C.§4901 at seq.),as it may be arrnnded from tams to time,or any additional w su,a sor federal toghs let ion or regulation that governs the same subject matler('HPA).Those rights under the HPA may include The right to receive certain disclosures,to request and oblaln cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automati- cally,andfor to rectetvo a refund of any Mortgage insurance premiums that were unearned at The time of such cancellation or termination. 12. Assignmenl and Application of Miscellaneous Proceeds;Forfeiture. (a) ►assignment of Miscellaneous Proceeds.Borrower is unconditionally assigning the right to receive all Miscelfaneous Proceeds to Lander and agrees that such amounts will be paid to Lender. (b) Appffcatfon of Miscellaneous Proceeds upon Damage to Property.If The Property Is damaged,any Miscellaneous Proceeds will be appfued to restoration or repair of the Property,if Le rider deems the restoration or repalr to be economically fe"le and Lender's sac wily will not be lessened by such restoration or repair.During such repair and resloration period,Lender will have the right to hold such Miscellaneous Proceeds until Lender has had an Opportunity to inspect the Property 10 ensure the work has boon completed to Lenders satisfac- tion(which may Include satisfying Lenders minimum eligibility requiremonts for persons repairing the Property, Including,but not limited to,licensing,bond,and insurance raquirernents)provided that such inspection must be undertaken promptly,Lender may pay for the repairs and resloration in a single disbursement or In a series of progress payments as the work Is comple led,depending on The size of the repair m restoration,the terms of the repair agreement,and whether Borrower is in Default on the Loan.tender may make such disbursements directly to Borrower,to the person repairing or rasloring tha property,or payable jointly to both.Unless Lender and Borrower agree in writing or Applicable Law requiras interest to be paid on such iMlseelfaneous Proceeds, Lender will not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds,If Lender deems the restoration nr repair not to be economically feasible or Lender's security wou:d be lessened by such restoration or to pair,the Miscoaareous proceeds will be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to Borrower.Such Miscap aous Proceeds wiry he applied In She order that Partial Payments are applied in$®clion 2(b), (c) Application of Miscellaneous Proceeds upon Condumnatfort.Destruction,or Loss In Value of the Property,In the event of a total taking,destruction,or loss in value of the Pfapefly.all of the Miscellaneous Proceeds will be applied to the sums secured by INS 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(each,a"Partial Devaluatioro where the fair market value of the Property fmmedlaleE before the Partial Devaluation Is equal to or greater than the amount of vie sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the Miscellaneous Proceeds will be applied to the sums secured by lhls Security Instrument urdess Borrower and Lender otherwise agree in wdfing.The amount of the Miscellaneous Proceeds that will be so applied is defennined by multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated bytaldng(i)the total amount of the sums secured Immediately before the Partial Devaluation,and dividing it by (R)the fair market Value of the Property immediately Before the Partial Devaluation.Any balance of the Miscal- lansous Proceeds wail be paid to Borrower. In the event of a Partial Devaluation where the fair market value of the Property immediately before the Partial Devaluation is less than the amount of the sums secured Immadiately before the Partial Devaluation,all of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument,whether or not the sums are then due,unless Borrower and Lender otherwise agree In writing. (d) Settlement Of Claims,tender is authorized 10 collect and apply the Miscellaneous Proceeds either to the sums secured by this Security Instrument,whether or not Then due,or to restoration or repair of the Prop- erly,it Borrower(i)abandons tha Property,or(it)rails to respond to Lender within 3D days after the date Lender notifies Borrower that the Opposing Party(as defined In the next sentence)offers to settle a claim for damages. "Opposing Party'means the third party that owes Borrower the Miscellaneous Proceeds or the party against whom Borrower has a d9hI of action In regard to the lullscellaneous Proceeds. (e) Proceeding Aifocting Landers Interest in the Property.Borrower will be in Default If any action or proceeding begins,whether civil or criminal,that,in Lenders Judgment,could result in forfeiture of tha Property or cthe r material Impairmant of Lando r'sInterestIn the Property o r dp his under this Security Instrument.Borrower can cure such a Defaull and,If accelarailon has occurred,reinstale as provided in Section 20,by causing the action or proceeding to be dismissed with a ruling that,In Lender's Judgment,precludes torfellure of the Property Initbafs: IOWA—single FernIty—FanWe MaorFmddle Mac UNIFORM INSTRUMENT (Mons) Farm Sole 072021 ICE Mortgage TechWogy.hr gage 8 of 13 tA21EDE® 0322 tnEorzw fct.S) 12JZ712022 02,-02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT LOAN#� or other material impairment of Lender's Interest In the Property or rights under this Security instrument.Bor- rowsr is unconditionally assigning to Lender the proceeds of any award or clalm for damages that are attributable to the impairment of Lender's interest in the Properly,which proceeds will be paid to Lender.All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be applied in the order that Partial Pay- ments are applied in Section 2(b). 13. Borrower Not Released;Forbearance by Lender Not a Walver.Borrower or any Successor In interest of Borrower will not be released from liability under this Security Instrument ff Lender extends the time for pay- merit or modifies the amortization of the sums secured by this Security lnstrument.Lender wrili not be required to com memo proceedings against any Successor in Interest or Borrower,or to reluse to extend time for paymenI 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,will not be a waiver of,or pracluda the exercise of,any right or remedy by Lender. 14.Jolntand Several Liability;Signatories;Successors and Assigns Bound.Borrower's obligations and liability under this Security Instrument will be joint and several.However,any Borrower who signs this Security instrument but does not sign the Note;(a)signs this Security Instrument to mortgage,grant,and convey such Borrower's interest in the Property under the terms of this Security Instrument;(b)signs this Security instrument to waive any applicable inchoate rights such as dower and curtesy and any available homestead exemptions; (c)signs this Security Instrument to assign any Miscellaneous Proceeds,Rents,or other earnings from the Prop- erty to Lender,(d)is not personally obligated to pay the sums due under the Note or this Security Instrument; and(a)agrees that Lender and any other Borrower can agree to extend,modify,forbear,or make any accom- modations with regard to the terms of the Note or INS Security instrument without such Borrower's consent and without affecting such Borrower's obligations under this Security Instrument. Subject to the provisions of Section 19,any Successor In Interest of Borrower who assumes Borrower's obli- gations under this Security tnstnrment in writing,and Is approved by Lender,will obtain all of Borrower's right% obligations,and benefits under this Security Instrument.Borrower will not be released from Borrower's obligations and @ability under this Security Instrument unless Lender agrees to such release In writing. 15.Loan Charges. (a) 7ax and Flood Determination Fees.Lender may require Borrower to pay(1)a one-time Charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan,and(it)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 that reasonably might affect such determination or certification.Borrower will also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency,or any successor agency, at any time during the Loan term,in connection with any flood zone determinations. (b) Default Charges.If permitted under Appgcable Law,Lender may charge Borrower fees for services performed in connection with Borrower's Default to protect Lender's interest in the Property and rights under this Security Instrument,including:(I)reasonable atiomeys'tees and costs;(6)property inspection,valuation, mediation,and loss mitigation fees;and(ni)other related fees, (e) Permissibility of Fees.In regard to any other fees,the absence of express authority In this Security Instrument to charge a specific fee to Borrower should 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. (d)Savings Clause.If Applicable Law 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(i)arty such loan charge will be reduced by the amount necessary to reduce the charge to the permit- ted limit,and(ii)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note).To the extent permitted by Applicable Law,Borrower's acceptance of any such refund made by direct payment to Bor- rower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 16. Notices;Borrower's Physical Address.All notices given by Borrower or Lender in connection with this Security Instrument must be In writing. (a) Notices to Borrower,Unless Applicable law requires a different method,any written notice to Borrower In connection with this Security Instrument will be deemed to have been given to Borrower when(i1 mailed by first class mail,or(11)actually delivered to Borrower's Notice Address(as defined in Section tb(c)below)If sent by means other than first class mail or Electronic Communication(as defined in Section 16(b)below).Notice to any one Borrower will constitute notice to all Borrowers unless Applicable Lew expressly requires otherwise.If any notice to Borrower required by this Security Instrument is also required underRpplicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. (b) Electronic Notice to Borrower.Unless another delivery method Is required by Applicable Law,Lender may provide notice to Borrower by e-mail or other electronic communication("Electronic Communication')if: (7 agreed to by Lender and Borrower in writing;(9)Borrower has provided Lender with Borrower's e-mail or other electronic address("Electronic Address");(lit)Lender provides Borrowerwith the option to receive notices by first class mall or by other non-Electronic Communication instead of by Electronic Communication;and(iv)Lender otherwise complies with Applicable Law.Any notice to Borrower sent by Electronic Communication in connec- tion with this Security instrument will be deemed to have been given to Borrower when sent unless Lender becomes aware that such notice Is not delivered.if Lender becomes aware that any notice �sent by Electronic ,/z Initials: J IOWA—Singlo Fandly—Fannie MaorFnaddle Mac UNIFORM INSTRUMENT (MERS) Form MS 07t2021 ICE Mortgage Technology.Inc, Page 9 of 13 WIEDEED 0322 IAEDEED(CLS) 12!27r2022 02*02 PM PST Jl E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT LOAN#� Communication Is not delivered,tender wttt resersd such communication to Borrower by first class mall or by other non-Electronic Communication.Borrower may withdraw the agreement to receive Electronic Communica- tlona from Lender at any time by providing written notice to Lender of Borrower's withdrawal of such agreement. (C] Borrower's koffan Address.The address to which Lender will send Borrower notice("Notice Address") will he the Property Address unless Borrower has designated a different address by written notice to Lender.If Lender and Borrower have agreed that notice may be given by Electronic Communication,then Borrower may dosignala an Electronic Address as Notice Address.Borrower will promptly notify Lender of Borrower's change Of Notice Address,Including any changes fa Borrower's Electronic Address if designated as Notice Address,If Lender specifies a procedure for reporting Borrowers change of Notice Address, then Borrower will report a change of Notice Address only througtt Ihat specified procedure. (d) Notices to Lender.Any notice to Lender will be given by delivering it or by mailing it by firsi class madl to Lender's address staled in this Security Instrument unless Lender has designaled another address(includ- ing an Electronic Address)by notice to Borrower.Any notice in conneclion wilh this Security Instrument will be deemed to have been given to Lender only when actu8If/received by Lender at Lender's designated address (which may include an Electronic Address),If Any notice to Lender required by this Security Instrument Is also requlred under Applicable Law,I h 0 Applicable Law requirement wit[satisfy the corresponding,k%4Jtoment under 111Is Security Instrument. (a) Borrower's physical Address. In addition to the designated Notice Address, Borrower will provide Lender with the address where Borrower physically resides,if different from the Property Address,and notify lender whenever this address changes. 17, Governing Law;Severablllty;Rules of Construction.This Security instrument Is governed by federal law and the taw of the Slats of Iowa.All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law.If any provision or This Security fnslrumenf or the Note conflicts wlth Appiicable Law(€)such conflict wit not affect other provisions a this Securily Instrument orthe Note that can be given affect without the conflicting provision,and(6)such conflicting provision,to the extent passible, will be considered modified to comply with Applicable Law,Appticah!e Law might axpllc4ly or imp€icilly allow the parties to agree by contract or it might be si ten 1,but such sitonce should not he construed as a prohibition against agreement by contract.Any action requlred under this Securily Instrument to be made in accordance with App[i- cable Law is to be made in accordance with Via AppFcable Law In affect at the lime the action is undertaken. As used In this Security Instrument:(a)words in the singulorwl11 mean and Include the plural and vice versa; (b)the word"maY'gives sale discretion withouI any ON]gatian to take any action;(c)any reference to"Section' In this document refers to Sections contained in this Security Instrument unless otherwise noled;and(d)the headings and captions are inserted for convaniance of reference and do not defino,limit,or doscriba tha scope or intent of this Security Instrumeni or any parlicular Section,paragraph,❑r provision. IS. Borrower's COPY.0n0 Borrower will be given one copy of the Nola and oI this Security Instrument. 19. Transfer of the property or a Beneficial interest in Borrower. For purposes of this Section 19 only, 'Into tosl in the Property"means any legal or benefic[aI Interesl in the Properly,inciuding,but not limitod to,those beneficial interests transferred in a bond for deed,contract for deed,installment salas can tract,or escrow agree- ment,the intent of which is the transfer of title by Borrower to a purchaser at a future dale. 11 all or any part of the Property or any Interest in the Properly is sold or transferred(or it Borrower is not a natural parson and a beneficial interest in BOrraweris sold or transferred)without Lenders prior written consent, Lander may require immediate payment in full of all sums secured by this Security Instrument.However,Lender will not exerdse this option iI such axercise is prohibited by Applicable Law. tf Lender axe rdsas Ihis option,Lendorwii!give Borrower nonce Of accate rat ion.The notice will provide a period of not less than 30 days from the date the notice is given In accordance with Section 16 within whk h Borrower must pay all sums secured by this Security Instrument.if Borrower flails to pay Those sums prior to,or upon,the expiration of this period,Lender may invoke any mmedFes p arm ltted by Ihis Security Instrument without furl her notice or demand on Borrower and will be antilled to collect all expenses incurred in pursuing such remedles, including,but not limited to:(a)reasonable attomeys'loes and costs;(b)property inspection and valuaf on tea$; and(c)other fees incurred to protect Lender's Interest in the property and/or rights under this Security instrument, 20. Borrower's Flight to Reinstate the Loan after Acceleratton.If Borrower meets certain conditions, Borrower will have the right to reinstate the Loan and have enforcement of this Security instrument discontinued at any fime up to the later of(a)live days before any foreclosure sale of the Property,or(b)such other period as Applicable Law might specify for tha termination of Borrower's right to reinstate.This right to to Ins late will not apply in the case of acceleration under Section 19. To rat nstata the Loan,8orrower must satlslyall of the following conditions:(a a)pay Lender a1I sums that then would be due undorthisS6cuhtyInst rum ant and the Note as if na acceleration had occurred;(bb)cure any Default of any other covenants aragraements under this Security Instrument arthe Note;(cc)pay all expensesincurredin enforcing this SecurlIy Ins trumontor I h a Note,including,but nat limited to:(i)reasonable aflonneys'fees and costs; (€1)properly inspection and vatuatian fees;and(iii)oI her fees incurred to protect Lenders interest in the Property and/or rights under this Security instrument or the Note;and(dd)take such action as Lender may reasonably require to assure l hat Len dar's Into rest In the Prop arty andlorrfghIs under this Security InsIrumantortha Note,and 80rmwer's obligation to pay fhe sums secured by Ihis Security Insfrument or the Note,wit1 continue unchanged. Lender may require chat Borrower pay such reinstatement Sums and expanses In one or more of the folfow- Ing forms,as selected by Lander:(aaa)cash;(bbb)money order;(ecc)certified chock,bank check,treasurers. check,or cashlar's check,provided any such check is drawn upon an institution whose deposits are Insured by a U.S.fed araI agency,inslrumantatity,or entity;or(ddd)Electronic Fund Transfe r.[Upon Borrower's reinstatement a the Loan,Ihis Secur[ty Instrument and ab€i gal ionssecured by this Security InsIrumenIwl11 remain fully effective as if no acceleration had occurred. Initials: IOWA—Single Family—FannioMae/Freddle Mac UNIFORM INSTRUMENT (MERS) Fwm3ate o71202t iC1 ►ortgageT Technology,Inc. Page i0 of 13 MVEDETD 0322 IAEOEEd(CLS) 1N271=2 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT LOAN#t_ 21. Sale of Note.The Note or a partial Interest In the No to,together with this Security Instrument,may be sold or otherwiso Iransforrea ona or more times.upon such a sale or other Iransfor,all of Lenders righis and atoll gations under this Security Instrument will convey to Lender's successors and assigns. 22. Loan ServIcer.Lender may take any action permined under this Security instrument through the Loan Services or another authorized representative, such as a sub-servlcer.Boaowar understands that the Loan Servicer or other authorized representative of Lender has the right and authority to lake any such ac!ion_ The Loan Servicer may change❑ne or more limes during the term of the Nola.The Loan Sorvicer may or may not be the holder of the Note.The Loan Services has the right and authority to:(a)collect Periodic Pay- ments and any other amounts due under the Note and Ihis Security Instrument;(b)perlorm any oft rmorlgage loan servicing obligations;and(c)exercise any rights under the Note.this Security Instrument,and Applicable Law on behalf of Lend ar.II there Is a change of the Loan Services,Harrower will be given written notice o1 11te charge which will state the nacre and address of the new Loan Services,the address to which payments should be made,and any other information RESPA requires in conn0cilcn with a notice of trans ter of servicing. 23. Not]ceofGrievance.Unfit Borrow arorLendarhas notified Iheother par ty(in accordancawilh Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such no lice to take ccr- recliva action,naithor 8orrowar nor Lender may cortlrnonce,Jain,01 de joined to anyjudic[at action(either as an Indivfdual litigant or a member of a class)that(a)arises from the other party's actions pursuant to Ihis Security Instrument or the Note,or(b)alleges that the other party has breached any provision of this Security instru- meni or the Note.II Applicabte Law provides a lime period IhaI must elapse before certain action can be taken, that lime period will ba deemed to be reasonable for purposes of this Section 23.The notice of Drdaull given to Borrower pursuant to Section 26(a)and the nolfce of accelerallon given to Bonawer pursuant 10 Section 19 will be deemed to satisfy the notice and opportunity to take corrective actton provislons of Ihis Section 23. 24. Hazardous Substances. (a) Defin)Itons.As used in Ihis Section 24:(i)"Environmental Law"means any Applicable Laws whore 111e Property is loealad Ihat tolato to health,safety,a environmental protectlon;(5)"Hazardous Substances'Include (A)!hose substances defined as toxic or hazardous substances,pollutants.or wastes by Environmental taw, and(8)the following substances:gasoline.kerosene,other flammable or toxic petroleum products.toxic pes- licides and herbicides,volatile solvenls,materials containing asbestos or formaldehyde,corrosive materials or agenls,and radfoacIive materials;(vi)'Env]ronme Well Cleanup'Includes any response action,remedlet aclbri, or removal action,as defined In Environmental Law;and(iv)an"Environmental Condillon"means a condition that can cause,eontrttwte to,or otherwise trigger an Environmental Cleanup. (b) Aestdctlons on Use of Hazardous Substances.Borrower will not cause or permit t h a presence,use, disposal,storage,or re!aase al any Hazardous Substances,or threaten to release any Hazardous Substances, on or in the Property.Borrower will not do,not allows anyone else to do,anything affecting the Property that; (1)vI Wale s Environmental Law;(it)creates an Environmental Cori dition;or(iii)due to I h o presence,use,or release of a Hazardous Substance,creates a condition that adversety affects or could adversely affect the value of the Property.Tha precading two sentences will out apply to tha presence,us a,or storage on the Property of small quantities of Hazardous Substanoes that are generally recognized to be appropriate to normal re side nIlal uses and to maintenance of the Prop arly(including,but nol limped to,hazardous substances in consumer products). (o) Notices;Remedial Actions.Borrower will promplly give Lender written notice of:(t)any investigation, claim,demand,lawsuit,or other action by any gave mmenial or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge;(+T)any Environmental Condition,Including butnot limited to,any spilling,leaking,discharge,release,or threat of release of any Hazardous Substance;and(!fi)any condition caused by the presence,use,or release of a Hazardous Substance that adverseiyaffecis the value of the Property.lf Bo now or learns,or is notified by any gove r nme n tal or regulatory autho ril y or any private party,thaIany ramovalor other re mad ial ion of any Hazardous Substance affecting the Prop arty Is necessary,Borrower A)prompliy take all n ecassa ry rem ad lal actions in acc a rd ance with Environ- mental Law.Nothing in thls Security instrument will create any obligation on Lender for an Environmental Cleanup. 25, Electronic Nose Signed with Borrnwar's Electronic Signature.if the Note evidencing the debt for this Loan is elactronto,Borrower acknowledges and rapresents to Lando rthat Borrower.(a)expressly consented and intended to sign the electronic Mote using an Electronic Signature adopted by Borrower(Borrower's Electronic Signature')Instead of signing a paper Note with Borrower's written pen and ink signature;(b)did not withdraw Borrower's express consent to sign the electronic Note using Borrower's Electronic Signature;(c)understood that by signing the electronic Note using Borrower's Electronic Signature,Borrower promised to pay the debt evidenced by the electronic Note In accordance with its terms;and(d)signed the electronic Note with Borrower's Electronic Signature with the intent and undersianding that by doing so,Borrower promised to pay Ne debt evidenced by the elecironic Note to accordance with Its terms. NON-UNIFORM COVENANTS_Borrower and Lender further covenant and agree as follows: 26.Acceleration;Remedies. (a) Notice of Dalautt.Lender will give a notice of Default to Borrower prior to acceleration following Bor- rower's Default,except thatsueh notice of Default will not be sent when Lender exercises its right under Seeffon 19 unless Applicable Law provides otherwise-The notice will specify.In addition to any other information required by Applicable Law;(i)the Default;(ii)the action(equlred to tune the Default;(ill)a date,not less than 30 days(or as otherwise specified by Applicable Law)from the date the notice is given to Borrower,by which the Default must be cured;(v)that fallure to cure the Default on or before the date specified In the notice may result in accelera- tion of the sums secured by this Secudly lostrument,foreclosure by judicial proceeding and sale of the Property; (v)Borrower's right to reinstate atter acceleration;and(vi)Borrower's right to deny in the foreclosure proceeding the existence of a Default or to assert any other defense of Borrower to accoleralio_—nn anndttore-Lclosure, Initials:_ IOWA-SIrQIe FerWly-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT (MERS) Form 3016 07/2021 ICE Mortgage 7adrnotogy,Ina. Page 11 of 13 IA21EDEED 0322 IAEDEED(CLS) 12r27/2022 02:02 PM PST .I E-FILED 2025 MAR 31 11:34 AM JOHNSON -CLERK OF DISTRICT COURT LOAN fi::� (b) Acceleration;Foreclosure;Expenses.If the Default Is riot Cured on or before the date specified in the nuke,Lender may require immediate payment in lull of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender will be entitled to collect ail expenses incurred in pursuing the remedies provided in this Section 26,including,but not limited to: (i)reasonable atlorneys'ices and costs;(ii)properly inspection and valuation fees;and(iii)other fees incurred to protect Lender's interest in the Properly and/or rights under this Security Instrument. (c) Nonjudlciat Foreclosure.Lender may (and is hereby authorized and empowered to) toreciose this Security instrument In accordance with Applicable Law.Sections 26(a)and 26(b)shall not be construed to limit or otherwise affect Lender's right to elect foreclosure by nonjudicial procedures as set forth In chapters 654 and 655A of the Iowa Code. 2T. Release.Upon payment of all sums secured by this Security Instrument,Lender will release 1his5eccri;y Instrument.Lender may charge Borrower a lee for releasing this Security Instrument,but only if the fee is paid Io a third party for saMces rendered rind the charging of the fea is permitted under Applicable]..aw. 20. Waivers.Borrower relinquishes all rfghtof 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_ 28. HOMESTEAD E_XEMPTInN IVAIVFR,i UNDERSTAND THAT HOMESTEAD PROPERTY Is IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SiGNiNGTHIS SECURITY INSTRUrMENT,[VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTEC- TION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS SECURITY INSTRUMENT. 1 /Ll 001) KATHERINI=MCGWIN DATE Initials: IOWA-Single Family-FwmloMaalFmddte Mac UNIFORM INSTRUMENT (MERS) porm3mii 071ml ICE Morrg-,,aTechnology,Inc. Page 12 of 13 IA21EDEED 0322 L4EDEED(CLS) 12r2Mr2022 0202 Phi PST N E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT LOAN 4� 30.Redemption Period.II is agreed Thal iI this Security instrument covers foss than 10 acres of land,and In the event of the foreclosure of Ihis Security lnslrumenI and sale of she Property by sheriffs sale In such tore- ctosure proceedings.the lima of fine year for redemption from said sale provided by the statutes of the Slate of Iowa shait be reduced to six months,or toduced to three months II the Property is not used for an agricultural purpose as defined in Iowa Code section 535.13.provided the Lender in such action files an e!ection to waive any deficiency IudrdmenI age Insl f3prrowar which may arise out of the foreclosure proceedings;all to be corssis- lent with the provisions of chapter 628 of the Iowa Coda,it the redemption period Is so reduced,for the first two months after sale such right of redemption will be exclusive to the Borrower,and the time periods In sections 628-5.628.15 and 628,16 of the Iowa Code will be reduced to three months. I is further agreed that the period of redernpllonafler a foreclosures of this Security Instrurnentwill be reduced to 60 days if at of the tollowing three ccn!Ingonc'les develop:(a)the Property is less than 10 acres In site;(b)the court finds a tfl rmatrvely that the Property has been abandoned by the own ars and those persons parsonat y Ilable under Ihis Security Instrument at the time of such foreclosure;and(c)Lender in such action fifes an election to waive any deficiency Judgment agaInsl So?rower or their successors in interest in such action.II the redemption period is so reduced,Borrower or their successors in Intarestor the owner wlll have the exclusive right10 redeem for the first 30 days alter such sale,and the lima periods provided for redemption by creditors as provided in sections 628.5,626.15 and 628.16 of the Iowa Code will be feducad to 40 days.Entry of appeafance by pleading or docket entry by or on behalf of Borrower vd11 be a presumption that the Property]s not abandoned.Any such redemp- t ton period will be con sls!ent with all of the provisions of chapter 628 of the Iowa Code,This Secfion Is not 10 be ccnstruad to limit orolharMse atfect any o[her redemption provislortscanlained In cha pie r628 of tha Iowa Code. It is Iurihor agreed,purs Lam to Iowa Code section 654-20 as now anacled or hereafter modified,amended, or replaced,the Lender may elect to foreclose without redemption, IMPORTANT:READ BEFORE SIGNING.THETERMS OP THIS SECURfrY INSTRUMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSETERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED INTHIS SECURITY INSTRUMENT MAY BE LEGALLY ENFORCED.YGU MAY CHANGETHETERMS OFTHIS SECURITY INSTRUMENT ONLY BY ANOTHER WRITTEN AGAEEMENT. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider signed by Borrower and recorded with it, 1 Z/Z--� i [(seal} KATHERINE MCGWIN DATE State of IOWA County of JOHNSON This record was acknowledged before me on this 27th day of DECEMBER,2072(Date)by KATHERINE MCGWIN(Name(s)of Indlvidual(s)). at re of notarial,officer) �a SARR NA RSHALL Title of office ryhn 743653 My commission expires: `(� Z�) �. SARA MARSEH ALeL umboyCommission Number 743fi s 53 mr Lender GroenStata Credit Union xy1M o ' ic NMLS 113:401238 - Loan Originator:Sara Marshall NMLS 10:BOS422 f IRlilafs: .__ IOWA—Sir4a Family—Fannie MantRaddle Mac UNIFORM INSTRUMENT (HERS) Form 3018 U712021 ICE Mortgage Tmhmlogy,fix• Page 13 of 13 IA21EDEED =2 u,EDEED(CLs) 12f27r2022 02:02 PM PST E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLFBVKAFj-AT%gT COURT Recorded: 12/17/2024 at 2:01:05.0 PM County Recording Fee: $7.00 Iowa E-Fiting Fee: $3.00 Combined Fee: $10,00 Revenue Tax: $0-00 Kim Painter RECORDER Johnson County, Iowa When Recorded Return To: Freedom Mortgage.Corporation CIO Nalionwkle'rltle Clearing, I.LC 1100 AIL 19 Nos-Ili Palm Harlmr, 1,1,34683 Document 1're"red By: - [ettnifrr Zak/Ni'C,2100 Alt. 1.9 Nerth.Irolm Ilarbor,FI,34683 (80t1);146.9152 Loan Number 11 ASSIGNMENT OF MORTGAGE FOR,G(")AND V,ALUAULF CONSI13KRATION,the sufficiency of which is Ircleby+�i++ww lerr3 :d.the urrdcr,,rgrtcd. NrIOUTGAC.I.,l:l.lXTRONIC R114-GIS'1'RATION SYS•f I his, iNC.(„A,kIkS"l.AS NIOFiTGAC�E{I{,AS N[?M'KI:1? FOR GREVNS'1'ATE CRF:I}IT UNION, ITS SUC'CFZSORS AND ASSIGNS,(ASSIGNOR),MEWS S Address: 1s.O. Rex 2026- !'lint,Alicltigais 48,901-2026) by thee pj.ese33t$L1LQ Cctiilv..y, 1' n[,:1Stilkrt. harslet;rn[3 Set o+er[he clexcrih6d Mortp��rttggc w•Irls rill liars.nncl ally rigghis duc or ro become due nc�ekan to 1'R[;I:I)C]A! h1Uli'i'GAG[:CORI*pliA'C10N. LtrFIOSIs A[)Illtl{55 1S 20 l.A1ti1? CI:N'l'b:R 17RIVF:, AlARLTON. NJ 080" (85s)6 (l-s900, 1'1,S SttCf'is.SS0RS AND ASSIGNS.(ASSIGNI,I,y, Said M3ortgago dared 1207/2022. cxecured by KATHERINK MC"-[N t*rantarl to "OR'1'GACI: H'IrKC I'XONIC RFGIS'I-RA ON SYS7•1-NfS, INC., AS MOU'rGAG E,AS NOMINI.3, FOR GRI. -NST`ATI L:KI;i)I'1' UNION, f7'S SUCC[ SSORS AND ASSIGNS(grantee)stud tticnrsicd i[t II��r1{�6_t an<J Lac Ep3 in the o13 icr.oi'[hc Recorder of a01[M.r.CPL�i Coun[yy,utIIte Of fawn. Dated this 0117 r in the year 2024 NiORTGAGI'l t-kcii-RON1IC RKG1STI1LAT ON SYSTIiNtS, INC. I�C)RC;1L[(!•:NISrA'1'1:CRI•IN'T UNION,ITSStICCI•SSORS ANi)ASSIC;ly „),AS i17012'I'(;ACIF:1•:,AS NOMINEE SUSAN HICKS - VICE PRESIDENT All persons whose signrxtures nppcar above have qualified auil:or4Y to sign and have revie%vecl this docurne . 1 supporting clocumemotioit prior to Signing. nr rid STATE OF FLORIDA COUNTY OF ICI NELLAS 'nic fcmegnirtg sh of irisrrurnastt was nCknau•leclgcd before me by means of(X] Physical presence or[]onlin rs e notarization O INS 17 day Deco mbar its the year 2024, by Susan Hicks- as VICE PRESIDENT of MORTGAGE ELi C"I'RONIC REGISTRATION SYSTEMS, INC. ("MERS'•). AS MORTGAGEE. AS NOMINEF FOR OREENSTATE CREDIT UNION. 1•i'S SUCCESSORS AND ASSIGNS, u•Izo,as such VICE PR S1DEN'I'b-tinie authorizcd to do so. execut theed fnregairlg inshurltent for the purposes 11x.:rein contaiiied.Heide:/hey is(air] so perl}rtliy kua on to File_ r*R& Nctary VICkY SCCOY tr f florlOx + Cprnm1531001 NH 32114170 +COM O � a[y Comm.Expires uec 11,W16 IRS. 12f1 026 9onded thrvughNational Notary Also. E XIMrpi1' 4 E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT t��j ` 1-[ L':k':DOM cLMORTGAGE' PLEASE DO NOT SEND PAYMENTS TO THIS ADDRESS P.O.BOX 619063 DALLAS,"I7X 75261-9063 lull Jill I�I�uI��I�L1]1�1��1�11��111111y�1u1�111111111111 Jill I 1• = KATHERINE MCGWIN 2118 F ST IOWA CITY IA 52245-4545 November 4,2024 Re: Loan Number - Collateral Address 2118 F ST IOWA CITY IA 52245 NOTICE OF RIGHT TO CURE Dear KATHIRINE MCGWIN; We have not received your loan payments for the loan evidenced by the Note and Deed of Trust dated December 27,2022 in the original principal amount of$1 16,400.00, secured by 2118 F ST, , IOWA CITY IA 52245. As a result, the above-referenced loan is in default. This letter is a demand for payment of the past due amount as of November 1, 2024,which are: Principal, interest, & escrow $3,569.22 Late charges $0.00 Fees and costs to date $0.00 Less Amount in Suspense $0.00 Total Amount Due $3.569.22 Interest and fees will continue to accrue after the date of this letter in accordance with the terms of your loan. Unless otherwise required by applicable law, .if you tender or submit payment to us for less than the Total Amount Due, our acceptance of such payments will not be a waiver of, or preclude the exercise of any right or remedy available to us including,but not limited to, referring your loan to foreclosure and obtaining a foreclosure judgment or order of sale. You have the right to cure the default by paying the Total Amount Due by December 9,2024. Failure to cure the default on or before December 9,2024 may result in acceleration of the sums evidenced by the Note and secured by the Security Instrument that you executed in connection with the referenced loan, foreclosure by judicial proceeding and sale of the secured property. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense to acceleration and foreclosure. I If you do not cure the default Freedom Mortgage Corporation, or a person acting on our behalf,is entitled to proceed with initialing a foreclosure action or proceeding. E-FILED 2025 MAR 31 11:34 AM JOHNSON - CLERK OF DISTRICT COURT HUD-approved counseling is available on FHA-insured loans by calling 800-5694287. You may also be entitled to a faCC40-face interview Willi Freedom NlOrlgage Corporation if you have an FHA-insured loan. If you w0 l.d like to discuss this letter and Corec:tosure prevention options,or arrange a face-to-face intenlicw,we encourage you to contact our Customer Care Department irnmrdiate.ly at 855-690-5900, Monday through Friday, from 8:00 AM--8:00 PM,and Saturday from 9:00 ANI -2:00 PM. Eastcni Time. Please telephone Freedom.Mortgage Corporation at 855-690-5900 before you make your payment to confirm the amount YOU should pay. Payments must be made in U.S. currency, made payable to.Freedom Mortgage Corporation, and sent to: Freedom Mortgage Corporation PO Box 6656 Chicago IL 60680-6656 You can access your loan information 24 hours a day,seven days a week by logging on to w�s'v-(reedonu orto_age.corn or through our automated phone system at 855-690-5900. 1Cyou need to speak with a Customer Care Representative,please call Monday through Friday 8:00 AM-8:00 PM and Saturday 9:00 AM-2:00 PM Eastern Time. Sincerely, Freedom Mortgage Corporation NMLS 9 2767(www.nmiscottsutnet-access.or-) IMPORTANT NOTICE: TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED IN BANKRUPTCY,IS SUBJECT TO THE AUTOMATIC STAY OR IS PROVIDED FOR IN A CONFIRMED PLAN,THIS COMMUNICATION IS FOR REGULATORY COMPLIANCE AND/OR INFORMATIONAL PURPOSES ONLY,AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO IMPOSE PERSONAL LIABILITY FOR SUCH OBLIGATION. E-FILED 2025 MAR 31 liWA N4tdPYMI PQN - CLERK OF DISTRICT COURT S !I Overland Park. K5 66213-2660 U T H L A W 913.663.7600 southlaw,com A Professional Corporation Oices In Missouri • Kansas + Nebraska •Iowa March 3,2025 Katherine McGwin 2118 F St Iowa City, fA 52245 - Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance r Property: 2118 F St,Iowa City,IA 52245 Loan Servicer: Freedom Mortgage Corporation Loan Number: Original Loan Amount: .1 6;400.00 Date of Note: December 27,2022 Creditor: Freedom Mortgage Corporation File No. 250574 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder),which is secured by a Mortgage against the Property described above. Due to a default in the payment of the:Mote and a failure to cure such default as previously demanded, the Creditor now demands payment of the accelerated unpaid principal balance of $1I4-275.71, plus contractual interest from August 11 2024, and such other fees and costs which are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of$122,272.53 to be paid within 14 days from the date of this letter in accordance with Iowa Code §654.4B. Until this amount is paid in full, this firm will continue to take whatever legal steps are necessary to protect the Creditor's interests and to exercise its rights without fiurther notice,including,but not limited to,foreclosing the Mortgage, Payment must be made by Electronic Funds Transfer(ACH), cashier's check, certified check, or money order, and payable to Freedom Mortgage Corporation. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw,P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if You need instructions to initiate a wire or electronic transfer of funds,please contact: Southl-aw Loss Mitigation Department (913)663-7600 (800)381-1536 if calling from Kansas,Missouri,Iowa or Nebraska 8:30 a.m.- 4:30 p.m. CST E-mail: lossmil a-soulhlaw.cotis I �xkreir If you are in bankruptcy or received a bankruptcy discharge of this debt; this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw, P.C-, a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-F|LED2O25 MAR 3111:34AMJOHNSON CLERK 0F DISTRICT COURT Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. J 9 1 helo 1.5- avd1lab, '.....- Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. I Do Not Delay. This may be your best chance to save your home from foreclosure. I Call 1-877-622-4866 today or go to IowaMortgageHei-p.com. 1 This free call could save your home. i Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.4B(2). END OF CASE. FILE Kellie Grace From: Kellie Grace Sent: Wednesday, May 14, 2025 2:58 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: Case No. LACV086367 Attachments: Case No. LACV086367.pdf Attached. Thank you = IFPWA CITY A UNESCO CITY OF LITERATURE Xe�fie Chace, CVC City Clerk office:319-356-5041 410 E Washington St, Iowa City, IA 52240 WWW.ICGOV.ORG 0000 µ FARE FREE Iowa City Transit is now FARE FREE! I O W A CITY Learn more at 1_fQIJ ERG/FAREFREE 1 E-FILED 2025 MAY 02 9:58 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BRYCE LEWIS SHONKA and AMANITA SHONKA, CASE NO. LACV086367 Plaintiffs, V. ORIGINAL NOTICE TERRANCE JAMES ANDERSON and CITY OF IOWA CITY d/b/a IOWA CITY TRANSIT, Defendants. TO THE ABOVE-NAMED DEFENDANTS: You are notified that a petition has been filed in the office of the clerk of this court naming you as a Defendant in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name and address of Plaintiffs' attorney is Joseph A. Cacciatore, 317 Sixth Avenue, Suite 900, Des Moines, Iowa 50309. The attorney's phone number is 515-244-9400 and facsimile number is 515-282-4235. 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 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 to protect your interests. x s ' Yr E-FILED 2025 MAY 02 12:29 PM JOHNSON -CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. LACV086367 County Johnson Case Title BRYCE LEWIS SHONKA AND AMANITA SHONKA V. TERRANCE 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 x%,ww..iowacourts.staEc.ia.us/Etile 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%�l%-V%k-.Iegis.loxva-iiovLdocs/ACO/CounRule:Chapter/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 bivision VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at wvw..iowacourLs.(zo%°/far-the- ublic/re resentinp--vt)urselfl i•otect- ersonal-inforiiiation/. Scheduled Hearing. If you need assistance to participate in court due to a disability, call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942).For more information, see %k,�N1k.iowacourLs.aoN,ffor-Llie-public/ada/. Disability access coordinators cannot provide legal advice. Date Issued 05/02/2025 12:29:14 PM ,.a 7< District Clerk of Court or/by Clerk's Designee of Johnson County F..a /s/Christine Roselund ry E-FILED 2025 MAY 02 9:58 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BRYCE LEWIS SHONKA and AMANITA SHONKA, CASE NO. LACV086367 Plaintiffs, V. PETITION AT LAW TERRANCE JAMES ANDERSON and CITY OF IOWA CITY d/b/a IOWA CITY AND TRANSIT, JURY DEMAND Defendants. COME NOW the Plaintiffs and state: 1. At all times material, the Plaintiffs were residents of Iowa City, Johnson County, Iowa. 2. The Plaintiffs, Bryce Lewis Shonka and Amanita Shonka, are husband and wife. 3. At all times material, Defendant Terrance James Anderson was a resident of Iowa City, Johnson County, Iowa. 4. Defendant City of Iowa City is a municipality principally located in Johnson County, Iowa. At all times material,Defendant City of Iowa City operated a public transit system known as Iowa City Transit. 5. The acts and/or omissions giving rise to this lawsuit occurred in Johnson County, Iowa. 6. Venue is proper in Johnson County pursuant to Iowa Code sections 616.17 and 616.18. 7. On or about April 16,2024,Bryce Lewis Shonka("Bryce")was orating liis motor C T- vehicle in a northbound direction on Koser Avenue near its intersection with Melrose venue i '5 Iowa City, Iowa. E-FILED 2025 MAY 02 9:58 AM JOHNSON -CLERK OF DISTRICT COURT 8. At the same time and place,Defendant Terrance James Anderson was operating an Iowa City Transit bus in an eastbound direction near its intersection with Koser Avenue. 9. As Bryce traveled northbound on Koser Avenue, he came to a complete stop at a red light at the intersection of Koser Avenue and Melrose Avenue. He intended to turn right (eastbound) onto Melrose Avenue and activated his right turn signal. — 10. As Defendant Terrance James Anderson traveled eastbound on Melrose Avenue, he approached the intersection of Melrose Avenue and Koser Avenue. As he approached the intersection, and before he entered the intersection, the traffic light for Melrose Avenue traffic changed from yellow to red. Defendant Terrance James Anderson disobeyed the red light and continued through the intersection while the light was red. 11. At the same time and place, Bryce made a right turn (eastbound) from Koser Avenue onto Melrose Avenue, entering the intersection when the light turned green for Koser Avenue traffic and expecting Defendant Terrance James Anderson to obey the law and stop at the red light for Melrose Avenue traffic. 12. As Bryce entered the intersection while making a right turn from Koser Avenue onto Melrose Avenue on a green light, Defendant Terrance James Anderson entered the intersection on a red light, causing the Iowa City Transit bus to collide with Bryce's vehicle, resulting in bodily injuries and property damage. 13. At all times material, the Iowa City Transit bus being operated by Defendant Terrance James Anderson was owned by the City of Iowa City, and was being operated with the City of Iowa City's express or implied consent. Defendant City of Iowa City d/b/a Iowa City .y Transit is therefore liable herein pursuant to Iowa Code section 321.493. ' • -T� C:: - : __ E-FILED 2025 MAY 02 9:58 AM JOHNSON -CLERK OF DISTRICT COURT 14. Defendant Terrance James Anderson was issued a citation by the University Heights Police Department for failure to obey a traffic control device. 15. While operating the Iowa City Transit bus at the aforementioned time and place, Defendant Terrance James Anderson was negligent in one or more of the following particulars: a. In failing to obey a traffic control device, in violation of Iowa Code section 321.256; b. In failing to reduce the speed of his vehicle to a reasonable and proper rate when approaching and traversing an intersection, in violation of Iowa Code section 321.288(2)(c). C. In failing to keep a proper lookout; d. In failing to stop within the assured clear distance; e. In failing to have his motor vehicle under proper control; f. In failing to operate his motor vehicle at a safe speed; and g. In failing to act as a reasonable driver under the circumstances then and there existing. 16. The negligence of Defendant Terrance James Anderson was a proximate cause of the injuries and damages sustained by the Plaintiffs. 17. As a proximate cause of the acts and/or omissions of the Defendants, Bryce sustained permanent injuries and damages in the following particulars: a. Past and future medical expenses; b. Past lost earnings and future loss of earning capacity; C. Past and future physical and mental pain and suffering, d. Past and future loss of full mind and body; and y e. Property damage and out-of-pocket expenses. '" E-FILED 2025 MAY 02 9:58 AM JOHNSON -CLERK OF DISTRICT COURT 18. As a proximate cause of the acts and/or omissions of the Defendants, Amanita Shonka has and will sustain a loss of consortium with her husband,Bryce Lewis Shonka,including love, affection, services, society, and companionship. 19. The total amount of damages sustained by the Plaintiffs exceeds the jurisdictional minimum of the Iowa District Court. — WHEREFORE, the Plaintiffs request that a monetary judgment be granted against the Defendants for the injuries and damages sustained, together with interest and costs, and for such other relief as provided by law. JURY DEMAND The Plaintiffs hereby request a trial by jury of all factual issues herein. ls/Joseph A. Cacciatore JOSEPH A. CACCIATORE, #AT0001390 ERVANIAN & CACCIATORE, L.L.P. 317 Sixth Avenue, Suite 900 Des Moines, Iowa 50309 Telephone: (515) 244-9400 FAX: (515) 282-4235 joeO,eclawiowaxom ATTORNEYS FOR PLAINTIFFS (J'l z RJ END OF CASE FILE Yulissa Caro From: Yulissa Caro Sent: Tuesday, May 27, 2025 4:14 PM To: Rebecca Passavant; Mary McChristy; Michelle Cook Subject: Case No: EQCV086380 Attachments: 20250527161126.pdf Please see attached document. Thankyou, CITY OF IOWA CITY Yulissa Caro UNESCO CITY OF LITERATURE Deputy City Clerk p:319-356-5040 WWW.I000V.ORG 410 E Washington St 0 0 0 Iowa City, IA 52240 Iowa City Transit is now FARE FREE! FARE FREE Learn more at ICGOV.ORG/FAREFREE IOWA CITY Service Package File # 218160-1057916 Notification Id = 2383802 Iowa City Animal Control c/o City Clerk 410 E Washington St Iowa City, IA 52240 _' - n YY un E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Wilmington Savings Fund Society, FSB, as Trustee of ] Quercus Mortgage Investment Trust ] } EQUITY NO: EQCV086380 Plaintiff, ] vs. ] ORIGINAL NOTICE } Derek P. Stoneking; United States of America,Secretary of ] Housing and Urban Development; Unknown spouse, if any,of } Derek P. Stoneking; Parties in Possession; Iowa City Animal ] Control; State of Iowa } Defendants. 1 To the above-named defendant Iowa City Animal Control,c/o City Clerk 410 E Washington St,Iowa City,IA 52240: You are notified there was tiled in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is Emily Bartekoske, c/o SouthLaw, P.C., 4601 Westown Pkwy Suite 250,West Des Moines, IA 50266. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920, ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. Clerk of the District Court - Johnson County Courthouse Iowa City, Iowa N� --a IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. _J File No. 218160-1057916 1111111111111111 1 1 11111 E-FILED 2025 MAY 08 9:29 AM JOHNSON - CLERK OF DISTRICT COURT Iowa Judicial Branch Case No. EQCV086380 County Johnson Case Title WILMINGTON SAVINGS FUND VS DEREK P. STONEKING You must file your Appearance and Answer on the Iowa Judicial Branch eFile System,unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless the court has excused you from filing electronically (see Iowa Court Rule 16.302). Register for the eFile System at www.iow'acourts.state.ia.usiEtile 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.<(ovidocs,'ACO/CourtRulesChapter/16.pdf. Court filings are public documents and may contain personal information that should always be kept confidential. For the rules on protecting personal information, refer to Division VI of chapter 16 of the Iowa Court Rules and to the Iowa Judicial Branch website at ww►v.iowac{)urts.gov for-the-public/represesitiiiL,-vourself'protec:t-personal-informatiorn. Scheduled Hearing. If you need assistance to participate in court due to a disability, call the disability access coordinator at (319) 398-3920 . Persons who are hearing or speech impaired may call Relay Iowa TTY(1-800-735-2942). For more information, see w%i,w.iow.tcctitu-ts._*nv for-tlie-publicladai. Disability access coordinators cannot provide legal advice. Date issued 05/08/2025 09:29:06 AM �i -j District Clerk of Court or/by Clerk's Designee of Johnson County /s/Christine Roselund E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT OF JOHNSON COUNTY Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust Plaintiff, vs. EQUITY NO: EQCV086380 Derek P. Stoneking; United States of America, Secretary of Housing and Urban Development; Unknown spouse, if any, FORECLOSURE PETITIONS of Derek P. Stoneking; Parties in Possession; Iowa City Animal Control; State of Iowa; Defendants. NOTICE _.i THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM THE ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE- FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. FORECLOSURE PETITION Plaintiff, Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust, by and through its attorney, Emily Bartekoske of the firm of SouthLaw, P.C., and for its cause of action against Defendant(s)states as follows: 1. The Plaintiff, Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust, is a business organization duly authorized to transact business in the State of Iowa. 1 File No. 218160 11111111111111111111111111111111111111111111111111111 IIII E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT 2. Defendant(s) Derek P. Stoneking is a resident(s) of Johnson County, Iowa and is believed to be single. 3. The real property subject of this action is a one or two-family dwelling, is not agricultural land, and is not used for agricultural purposes or farming purposes as defined in Iowa Code Sections 9H, 175.2, &535.13. 4. Plaintiff elects to waive its right to a deficiency judgment against Derek P. Stoneking, and is seeking a judgment solely in rem against the subject real property described below. 5. On or about August 5, 2011, Derek P. Stoneking executed and delivered a promissory Note (the "Note") to MetLife Home Loans, a Division of MetLife Bank, N.A., in exchange for 'ggod and valuable consideration, in the maximum principal sum of$131,089.00, together with interest.:_A-copy of the Note is attached as Exhibit "A" and incorporated by reference. The Note provid�F;that tl>rincl'p'al and interest are payable in monthly installments until fully paid. 6. To secure repayment of the Note, Derek P. Stoneking made and delivered'a purcbgse money mortgage (the "Mortgage") to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for MetLife Home Loans, a Division of MetLife Bank, N.A., its successors and assigns, on the real property legally described as: LOT 60, LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, commonly known as 10 Regal Ln, Iowa City IA 52240 (the "Property"). 7. The Mortgage was recorded on August 9, 2011, in Book No. 4788, at Page 680, in the office of the Recorder of Johnson County, Iowa. A copy of the Mortgage is attached as Exhibit "B" and incorporated by reference. 8. The Mortgage was assigned to Plaintiff by Assignment(s) of Mortgage and/or Certificate of Merger(s)attached as Exhibit"C"and incorporated by reference. 2 File No. 218160 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT 9. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff has the right to foreclose the Note and Mortgage. 10. Derek P. Stoneking failed to make the installment payments as they became due since January 1, 2025. The payments on the Note still remain due and owing pursuant to the terms of the Note and Mortgage. 11. Under the terms of the Note and Mortgage, upon default the Mortgage may be foreclosed. Plaintiff elects to foreclose the Mortgage. 12. Under the terms of the Note, upon default in payment a late charge may be assessed for any unpaid monthly payment. 13. Defendant(s) Derek P. Stoneking and Carrington Mortgage Services, LLC, in exchange for good and valuable consideration, entered into a Loan Modification Agreement, on October 2% 2024. The principal sum of the debt was increased to $130,717.65, representing the unpaid bal-a reining together with any unpaid interest, advances and other amounts capitalized. A copy:Of the Loan Modification Agreement is attached as Exhibit"D" and incorporated by reference. .1t �f 14. Under the terms of the Note and Mortgage, upon default, Defendant(s) Derek P. Stoneking, agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce the terms of the Note and Mortgage. 15`An Affidavit of Attorney's Fees as required by Iowa Code Section §625.24 will be filed prior to the entry of a Decree of Foreclosure. 16. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code §§ 654.213 and 654.2D. More than 30 days have passed since the notice was given, and the default has not been cured. A copy of the Notice is attached as Exhibit"E"and incorporated by reference. 3 File No. 218160 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT 17. The Note and Mortgage provide that in the case of default, the holder of the note may declare the entire principal balance plus accrued interest due and payable. 18. Upon default and defendant's failure to cure, Plaintiff gave a 14 day Notice of Acceleration (the"Notice") and made demand for payment of the accelerated balance pursuant to Iowa Code §654.413. Fourteen days has passed since the notice was given. A copy of the Notice is attached as Exhibit"F" and incorporated by reference. 19. The loan remains unpaid and after crediting the amounts paid on the Note and Mortgage, there is now due and owing Plaintiff from Defendant(s)Derek P. Stoneking the following: r" a. the unpaid principal balance of the Note in the sum of$130,365.03 b. the unpaid interest which has accrued at the rate of 6.875% per annumirpm Dumber., 2024,and which continues to accrue at such rate until fully satisfied - _ .... c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing thivaction; d. all sums advanced or to be advanced by Plaintiff prior to sale, including real estate taxes, hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$96.03 f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, g. all costs for insufficient funds charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property; and h. the costs of this action, including reasonable attorney's fees. 20. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. All of the Defendant(s) may have or may claim to have some right, title or interest in or to the Property, but any such claim is inferior and subject to the lien of the Mortgage. 4 File No. 218160 E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT 21. Defendant(s) Parties in Possession are named by virtue of his/her occupancy of the Property. Any interest that Defendant Parties in Possession have in the Property is junior and inferior to Plaintiff's Mortgage. 22. Defendant United States of America, Secretary of Housing and Urban Development has been named by virtue of the following junior mortgages recorded in the office of the Recorder of Johnson County, Iowa: a. recorded on April 26, 2022 in Book 6367 at Page 30 securing a debt in the original principal amount of$30,3936.58 b. recorded on July 25, 2023 in Book 6501 at Page 514 securing a debt in the original principal amount of$4,702.05 c. recorded on March 28, 2024 in Book 6550 at Page 290 securing a debt in the original principal amount of$1,376.66 e^� �rt Defendant United States of America, Secretary of Housing and Urban Development may-.�Plaim arl interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mi;'t­ gage. 23. Defendant State of Iowa has been named by virtue of the following judgments frfad in t[Tc Iowa District Court of Johnson County: T1 a. Case No. STA0253784 b. Case No. SMSM113875 c. Case No. OWCR110789 d. Case No.AGCR 125214 e. Case No. SMSM119491 Defendant State of Iowa has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant State of Iowa may claim an interest in the Property,but any such claim would be junior and inferior to Plaintiffs Mortgage. 5 File No. 218160 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT 24. Defendant Iowa City Animal Control has been named by virtue of a judgment filed in the Iowa District Court of Johnson County, as Case No. ICCISC 101638. Defendant Iowa City Animal Control has also been named by virtue of any and all other claims and/or interest it may have or that may become lien(s) against the Property. Defendant Iowa City Animal Control may claim an interest in the Property, but any such claim would be junior and inferior to Plaintiffs Mortgage. 25. Defendant Derek P. Stoneking was single at the time of the execution of the Note and Mortgage, and is believed to still be single. Defendant Unknown Spouse, if any, of Derek P. Stoneking has been named by virtue of his/her marital interest in the event that Derek P. Stoneking has since married,however, any such interest would be junior and inferior to Plaintiffs Mortgage. 26. Plaintiff prays for a judgment against the Property for the following: a. the unpaid principal balance of the Note in the sum of$130,365.03 b. the unpaid interest which has accrued at the rate of 6.875%per annum fi'oITI December '1,, 2024, and which continues to accrue at such rate until fully satisfied t`u c. all sums advanced by Plaintiff for title evidence or abstract costs in bringing-this anion; d. all sums advanced or to be advanced by Plaintiff prior to sale, including:rval estate taxes, -n hazard insurance premiums and/or private mortgage insurance premiums (less credit for any suspense or other balance remaining on the loan); e. accrued late charges in the amount of$96.03 f. all sums paid by Plaintiff for prior attorney's fees and costs and/or bankruptcy attorney's fees and court costs, if applicable, g. all costs for insufficient fiords charges, property inspections, appraisals, property maintenance expenses and any other costs or fees Plaintiff may expend to protect its security interest in the Property; and h. the costs of this action, including reasonable attorney's fees. 6 File No. 218160 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT Plaintiff prays that the Mortgage be declared a first and prior lien on the Property, superior and paramount to the interests, liens and claims of each and all Defendant(s), including all protective advancements made by the Plaintiff for property preservation and other costs between the time of the Decree and the time of the Sheriff's sale. Plaintiff prays that its Mortgage be foreclosed and that all junior and inferior liens and mortgages be barred from claiming any right, title,or interest in the Property. Plaintiff prays that if no delay of sale is filed, the sale shall be held promptly after entry of judgment, and special execution should issue for the sale of the Property and the proceeds should be applied to Plaintiff s judgment, together with interest, costs, and accruing costs including, but not limited to, any and all advances made by the Plaintiff for taxes, it urance, property preservation and oftr costs between the time of the Foreclosure Decree and the time of Sheriff's Sale. From and after.the s0!under- special execution, the right, title, lien or interest of the Defendant(s) in the Property should.be foa +er cut off, barred and foreclosed, and the purchaser at the sale shall take the Property free and clear of ate right;:- '. f.,3 ... title, lien or interest of the Defendants. Plaintiff prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Johnson County, Iowa, to put the purchaser at the sale under special execution or a successor in interest in the possession of the Property. Plaintiff prays for the approval of the sale of the Property during the pendency of this action free and clear of the claims of Defendants, provided that the court first finds that (a) all equitable titleholders who have not abandoned the Property have consented to such sale; and (b) the terms of such sale are commercially reasonable. 7 File No. 218160 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT Plaintiff prays for such other and further relief as may be just and equitable in the premises. Respectfully Submitted, SouthLaw,P.C. /s/Emily Bartekoske Emily Bartekoske (AT0010255) 4601 Westown Pkwy Suite 250 West Des Moines, IA 50266 (515)223-7325,ext.369 (515)223-7276(Fax) Emity.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. ru 8 File No.218160 E-FILED 202, Y 08 857 CLERK OF WRICT COURT NOTE ;ItIA Case Xo Iowa August 5th, 2011 lDaiel 10 REGAL LANE IOWA CITY, Iowa 52240 (Propene,Addressl 1.PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means MetLife Home Loans, a Division of MetLife Bank, N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of ONE HUNDRED THIRTY ONE THOUSAND EIGHTY NINE & 00/100 Dollars(U.S.$ 131,089.00 ),plus interest,to the order of Lender.Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender,at the rate of FOUR AND THREE-QUARTERS percent( 4.750 %)per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. i. MANNER OF PAYMENT (A) -rime Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on October 1st, 2011 .Any principal and interest remaining on the first day of September, 2041 will be due on that date,which is called the"Maturity Date." (B) Place Payment shall be made at P.O. BOX 71093 CHARLOTTE, NC 28272-1093 or at such place as Lender may designaee,m writing. by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S.S 683.83-'` .- This amount will be parr of a larger monthly payment required by the Security Instrument that shall be applied In'prindipal,=tiiteresl and other items in the order described in the Security Instrument. _ ' (D) Allonge to this Note for payment adjustments If an allongc providing for payment adjustments is executed by Borrower together with this Note, the covAutLs of the allongc shall be incorporated into and shall amend and supplement the covenants of this Note as if the allongc were a part of this Note. ICheck applicable box ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other[specifyl FHA F,ad Rai*Mole lA Revlsea 1pe46 VMPS Qp Wolters Kluwer F,nanaal Services i tll 3 i E-FILED 202(WY 08 8:57 AM JOHNSON - CLERK OF WRICT COURT S.BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment,there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6.BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument,as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( 4.00 %)of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by;regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remainin"tie and all accrued interest.Lender may choose not to exercise this option without waiving its rights in the event of any subsc:qumt default.In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in P.iilh in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations..Fps usc�t this Note, "Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses _ If Lender has required immediate payment to full,as described above. Lender may require Borrower to-A" costs ind expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited.by T81icable iaw. Such fees and costs shall bear interest from the date of•disbursement at the same rate as the principal of-this Note. 7.WAIVERS �i Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor- "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. S.GIVING OF NOTICES Unless applicable law requires a different method,any nouce that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has gtvcn Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a dtl lerent address d Borrower is given a notice of that different address- 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.Lender may enforce its rights under this Note against each person individually or against all signatories together.Any one person signing this Note may be required to pay all of the amounts owed under this Note. IA Rerned 1e.95 VMPS P1 RIIA](04001 00 Wollers Kluwer rinanciai Services age 2 01 3 E-FILED 202WY 08 8:57 AM JOHNSON -CLERK OF RICT COURT IMPORTANT: READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. (Sea]) -. (Seal) DBREK P STO KING Borrower Borrower (Seal) -- - (Seal) .Burrower -Burrower (Seal) (Seal) Borrower Borruwer (seal) (Seal) -Borrower Burrower '[Sign Oragiral Onlyl N j FHA Fixed Rate Note•IA nnne�.��,� Revised 10:95 Wolters Kluwer Financial Services f vMP'RIIA)age 31 00 ageol 3 E-FILED 202EW 08 8:57 AM JOHNSON -CLERK OF RICT COURT Pay to the order of JPMcrpan Chsee Bonk,N.A. W the Order pf; Without reoourse ut Ra�� Mett.lfe Home Loans,a Division of JP%fin Chose Sar* , yyMatLife Bank, N.A. Nikki Freeman, Limited Vice President �Sq �e Y 1�Ot dc-" f`' E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT Doc ID: 022283920009 Type: GEN Kind: MORTGAGE Recorded: 08/09/2011 at 02:28:58 PM Fee Amt: 047.00 Paae 1 of 9 Johnson Countv Iowa Kim Painter Countv Recorder BK4788PG680-688 [Space Above This Line For Recording Data] Prepared By: MARY J PETERSEN MetLife Home Loans, a Division of MetLife Bank, N.A. 602 North Ankeny Blvd. Ankeny, IA 50021 515-289-4180 Return To: MetLife Home Loans - POST CLSG MAIL RM THIS IS A PURCHAR MONEY MORTGAGE 1555 W walnut Hill Ln #200 MC 6712 Irving, TX 75038 Full Legal Description located on page 2 FHA Lase No. State or Iowa MORTGAGE MIN THIS MORTGAGE("Security Instrument") is given on August 5, 2011 ['he Mortgagor is DEREK P STONEKING, A Single Person ("Borrower").This Security Instrument is given to Mortgage Electronic Registration Systems,Inc.("MERS"),(sc,Hy as nominee;for Lender,as hereinafter defined,and Lender's successors and assigns),as mortgagee.MERS is organireItand existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026, tel.(888)679-MERS. MetLife Home Loans, a Division of MetLife Bank, N.A. FHA Iowa Mortgage with HERS•4/96 Wolters Kluwer Financial Services VMPO-4N(IA)(o6oa) Amended Pape I ol9 inivai E%W 8iT B r — E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT I ("Lender") is organized and existing under the laws of THE UNITED STATES OF AMERICA and has an address of 4000 HORIZON WAY, IRVING, TEXAS 75063 Borrower owes Lender the principal sum of ONE HUNDRED THIRTY ONE THOUSAND EIGHTY NINE & 00/100 Dollars(U.S.$ 131,089.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on September let, 2041 _ This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest,and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the !Vote. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS the following described property located in Johnson County, Iowa: LOT 60, LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. 6 Parcel I D Number: County: 1023409009 City: which has the address of 10 REGAL LANE ISlrcc(l IOWA CITY lCiiyl,Iowa 52240 I7.ip Codel("Property Address"); 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 only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS,(as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawl•ully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the ddc to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for nauonaJ use and non-uniform covenants with limited variouons by jurisdiction to consutute u uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS, 1. Payment of Principal, Interest and Late Charge.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and late charges due under the Note. 2.Monthly Payment of Taxes,Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on rty, and inkhat VMP''4WA)(coca( Page 2 of 9 E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT (c)premiums for insurance required under paragraph 4.In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument,each monthly payment shall also include either:(i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by die Secretary, in a reasonable amount to be determined by the Secretary.Except for the monthly charge by the Secretary,these items arc called "Escrow Items" and the sums paid to Lender are called"Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments arc available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,Lender shall account to Borrower for the excess funds as required by RESPA.if the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due,Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds;tit pledged as additional sk;curity for all sums secured by this Security Instrument_ If 96Nower tenders to Lender the lull payment of all Such sums,Borrower's account shall be c red Red with the balame remaantrrg fur all m%ullment items (a). (by. and (c)and any mortgage insurance premium Installment that Lender has not tje-ome obligated to pay to the Secretary,and Lender shall promptly refund any excess t'undS to Borrower,lminediately prtthr u) a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited,with any balance remaining for all installments for items(a),(b),and(c). 3.Application of Payments.Ail payments under paragraphs I and 2 shall be applied by Lender as fdlldws-_-, Fir t, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge'-by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other,hitZard insurance premiums,as required; Third,to interest due under the Note; Fourth,to amortization of the principal of the Note;and Fifth,to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualues, and contingencies, including fire, for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property,whether now in existence or subsequently erected,against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. I The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. In the event of loss, Borrower shall give Lender immediate nonce by mail. Lender may make proof•of loss if not made promptly by Borrower.Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender,instead of to Borrower and to Lender jointly.All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3,and then to prepayment of principal,or (b) to the restoration or repair of the damaged Property.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2,or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,all right,title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. +n,c,a,: VMPO-4N(IA)(osoe) Page 3 a,9 I E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted.Lender may inspect the Property it'the Property is vacant or abandoned or the loan is in default.Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with the provisions of the lease. It'Borrower acquires fee title to the Property,the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages,direct or consequential, in connection with any condemnation or other taking of any part of the Property,or for conveyance in place of condemnation,arc hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3,and then to prepayment of principal.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments,which are referred to in paragraph 2,or change the amount of such payments.Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. Y��. 7, Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shalt-'pVay all governmental or municipal charges,fines and impositions that are not included in paragraph 2. Borrower shall.--pja� these obligations on time directly to the entity which is owed the payment. If failure to pay would adverscly..affecG.L-grider's interest to the Property, upon Lender's request Borrower shall promptly furnish to Lender reccipts;evtdcnipQg these payments. If Borrower fails to make these payments or the payments required by paragraph 2,or Earls to perform aay other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may siolicandy affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or-to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Property acid L'CndWs rights in the Property,including payment of taxes,hazard insurance and other items mentioned in paragraph 2. 'Jl Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrowc7'and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement,at the Note rate, and at the option of Lender,shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinaung the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice idenulytng the lien. Borrower shall sattsfy the lien or lake one or more of the actions set forth above within 10 days of the giving oi"notice. 8.Fees,Lender may collect fees and charges authorized by the Secretary. 9.Cruunds for Acceleration ur Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults,require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (ii) Borrower defaults by failing,for a period of thirty days, to perform any other obligations contained in this Security Instrument n'7=di VMPx1 4N(IA)icecei page 4 01 9 E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT (b)Sale Without Credit Approval.Lender shall, if permitted by applicable law (including Section 341(d)of the Gam-St.Germain Depository Institutions Act of 1982, 12 U.S.C. 1701 j-3(d))and with the prior approval of the Secretary,require immediate payment in full of all sums secured by this Security Instrument if: (i)All or part of the Property,or a beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults,to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulaw)*of the Secretary. (e)Mortgage Not Insured.Borrower agrees that if this Security Instrument and the Note arc-not detttiriltutcd to be eligible for insurance under the National Housing Act within 60 days from the date hereof;Lend4i�may.at its option, require immediate payment in full of all sums secured by this Security Insuument p�written statement of any authorized agent of the Secretary dated subsequent to 60 days from the dam hereof.-declining to insure this Secunty instrument and the Note, shall be deemed conclusive proof 4--such ineli$ibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailx lily Of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10.Reinstatement.Borrower has a right to be reinstated if Lender has rcquircd immediate paymettit in ftiU!ccausc of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies omn after toreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interesL Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability; Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)agrees that Lender and any other Borrower may agree w extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address slated herein or any address Lender designates by notice to Borrower. Any �mti+a�s VMPw-4N(IA)ims) Page 5 of 9 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14.Governing Law; Severabilily.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Nobs which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Now arc declared to be severable. 15.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument. — 16. Hazardous Substances. Borrower shall not cause or permit the presence, use,disposal, storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shaft promptly give Lender written notice of any tnvesr,gadon,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower Karns,or is notil'ied by any governmental or regulatory authority, that any removal or other remediation of any Hivardous Substances afk=ing the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined m toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other llammablc or toxic petroleum products, toxic pesucides and herbicides, volatile solvents, materials containing asbestos or lormaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdicuon where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 17.Assignment of Rents. Borrower unconditionaHy assigns and transfers to Lender all the rents:and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to fender or Lender's agents. However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument,Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower.This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument: (b) Lender shall be enuded to collect and receive all of the rents of the Property; and (c)each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure.If Lender requires immediate payment in full under paragraph 9, Leader may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph IR, including,but not limited to, reasonable atlorneyi;fees and costs or title evidence. If the Lender's interest in this Security Instrument Lc held by the Secretary and the Secretary re 1pires immediate payment in run under Paragraph 9, the Secretary may invoke the nonjudicial powWufsale prodded in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U&C. 3751 el seq.) by. requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Propiil-y as provided in the Act. Nothing in the preceding; sentence shall deprive the Secretary or any rights otherwi%wivailahle�lu a Lender under this Paragraph 18 or applicable law. - fnnrafa ,� VMP*-4N(IA)(osoa) Page 6 of 9 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 20.Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. 21. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 60 days.The provisions of this paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)I. ❑Condominium Rider ❑Growing Equity Rider ❑Other I specify I ❑Planned Unit Development Rider ❑Graduated Payment Rider 23. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Borrower DEREK P STONEKING Date Borrower Datc i Borrower Y - Date Borrower Date v ram+ •.1Z Borrower Date Borrower Date Borrower Date Borrower C.•?Date rn VMP"•4N(IA)(0608) Page 7 01 9 E-FILED 2025 MAY 08 8:57 AM JOHNSON-CLERK OF DISTRICT COURT BY SIGNING BELOW,Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: (Seal) DEREK F STO EKING -Burrower (Seal) .Borrower (Seal) (Seal) Burrower -Burrower ($U) -- --— (Seal) Borrower -Borrower - -- (Seal) (Seal) Borrower Borrower c� A a9 _Ir. '--•J- f�ewj" VMPS-4N(IA)(oso8) Pape 8 of 9 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT STATE ON IOWA, JOHNSON County ss: On this 5th day of August, 2011 before me,a Notary Public in the State of Iowa,personally appeared DEREK P STONEKING a single person to me personally known to be the persons) named in and who executed the foregoing instrument,and acknowledged that he/,%NAM executed the same as his/E UM voluntary act and deed. My Commission Expires: 4) 41 y r '` SHERRY J RUNGE QtNotayyublic in and for s +d County and State f I Comrnav rt Nu+MbW 734714 V My Expw =L7"] C,=? t t i VMP`'&-4N(IA)loeoa) Page 9 of 9 I r E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT Doc ID: 022866020002 Type: GEN Kind: A55IGN'ENT Recorded: 03/15/2013 at 11:09:51 AM Fee Amt: $12.00 Page 1 of 2 Johnson County Iowa Kim Painter County Recorder BK5064 Pa309-310 I0H4 PREPARED BY TERRILL NIELSON A6si9=§2t-2trteiv.Fb0=dad SECURITY CONNECTIONS, INC. COUNTY OF JOHNSON 240 TECHNOLOGY DRIVE, IDAHO FALLS, : POOL NO. ID 83401, PH:800-894-0742 LOAN NO. WHEN RECORDED MAIL TO n SECURZTY CONNECTIONS INC, va ATTN: TERRILL NIELSON 240 7SCM10LOGY DRIVE IDAHO FALLS, ZD 83401 Lcan No. PH:(208)528-9895 71'SIGNUM OF REAL, ESTATENDRTGAGE KNOW ALL MEN BY THESE PRESENTS: That P130797 E<.EC77UUC -RA71cu SYSTEIV, IM. SCLMY AS AUMIM FM M87TLUE IOff LOANS, A DIVISICIN OF 14ELM BANK, N.A. 27S SUCCESS OW AND ASS2U6, located atP.O. BOX 2026, FLINT, MI 48501-2026 Party of the first part, in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration paid to it by AMMMZMZOE ZOW, A DIVZSICN OF NE71 FE BANK, N.A. located at 1555 W. WALNUT HILL LANE #200 IRVIING, TX 75038 party of r.hp secona part, the receipt of which is hereby acknowledged, does by these presents granted, bargained, sold, assigned, transferred and set over unto the said party of the second part that certain mortgage executed by DEREK P STONEKING, A SINGLE PERSON to the said BDRIraiM ELECIR WC RIXiL•s'ma�rr� �ue II�IC. SCIGELY AS I�►m� PCR 1ETL'CFE J313S L61W, A DIVZ91( N OF MkW.,UE BANK, N.A. XIS b'V'L'9&9aR9 AND ASSIM recorded in the County of JOHNSON State of Iowa, in Book No. 4788 at Page No.680 as Document No. 022263920009 on Microfilm No. E1iws6rr Page 1 of 2 -+ E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT Loan No. TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns, forever, subject only to the provisions in the said indenture of mortgage contained. IN WITNESS WHEREOF Z42ZnMG9 ELOCTJXWC RBGISIRAITCIJ SYSTEM, DE. SClUMY AS kAXIM FOR JfiMTM ACl►IIs Za1N5, A DIMICK OF PlLUE BANK, N.A. 273 AMCAND ASSIGNS has caused this instrument to be duly signed this _,----day of NOV 3 0 2012 by its duly authorized officers. 1►J3ZrGAG9 A L BC72XWC REG157=CIV SYS72M, MC. SQLELY AS IX74EM PAR AGWL FE LUC LCAM, A DZVISICN CYO MMMUE BANK, N.A. ITS �^ AND ASSIGNS BY Esperanza Yllegas ASSISTANT SECRETARY y STATE OF TEXAS ) ) SS COUNTY OF DALLAS ) On NOV 3 0 2012 before me, Jason Aaron Huff personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the wit?Ix} instrument as ASSISTANT SECRETARY and 4�A o ehal€ o€ th corporation that executed it. N to Public in and for sai3 CdOnV and State Jason Aaron Huff JASON AARON HUFF a�+,.• Yj =•; Notary Public.State of Texas - My Commission ExPires June 30,2015 MZN mS p+fj=: 1-888-679-6377 (NMRI.IA.2) Page 2 of 2 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT BK: 5173 PG: 674 Recorded: 10/23/2013 at 1:40:10.340 PM Fee Amount: $17.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Assignment of Mortgage Recording Requested by:LSI When Recorded Mail to: Custom Recording Solutions 5 Peters Canyon Road, Ste. 200 Irvine,CA 92606 (800)756-3524 ext. 50113,1 Prepared By: William H.Peirson PeirsonPatterson,LLP 13750 Omega Road Dallas,TX 75244 ti C - Phone No.: 800-899-9027 • Cs,1 CRS Order No.: �+ APN: N/A Grantor: Metlife Bank,National Association,also(mown as Metlife Home Loans,A Division of Medife Bank,N.A. (milt= JPMorgan Chase Bank,National Association Full Legal Description located on page I References: (Instrument No.and/or Book&Page) Iil:02263920009,BK:4788,PG:690-688 Page No. 1 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT This instrument was prepared by: PEIRSONPAT-17ERSON,LLP WILLIAM H.PEIRSON ATTN:RECORDING DEPT. PEIRSONPATTERSON,LLP 13750 OMEGA ROAD 13750 OMEGA ROAD DALLAS,TX 75244-4505 DALLAS,TX 75244-4505 500-899-9027 Christopher Low Abendroth and Russell Law Firm 2536 73rd Street Des Moines,IA 50322 [Space Above This Line For Recording Data] n No.: IOWA ASSIGNMENT OF MORTPAGE For Value Received,METLIFE BANK,NATIONAL ASSOCIATION,ALSO KNOWN AS METLIFE HOME LOANS,A DIVISION OF METLIFE BANK,N.A. (herein "Assignor")does hereby grant, sell, assign,transfer and convey, unto JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (herein "Assignee"), whose address is 700 KANSAS LANE,MC 8000,MONROE,LA 71203 all its rights,title and interest in and to a certain Mortgage dated August 5,2011 and recorded on August 9,2011,made and executed by DEREK P.STONEKING to and in favor of METLIFE HOME LOANS,A DIVISION OF METLIFE BANK, N.A., upon the following described property situated in JOHNSON County,State of Iowa: Property Address: 10 REGAL LANE,IOWA CITY,IA 52240 LOT 60, LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. such Mortgage having been given to secure payment of One Hundred Thirty One Thousand Eighty Nine and 001100ths($131,089.00),which Mortgage is of record in Book,Volume, or Liber No.4788,at Page 680-688(or as No.022263920009),in the Office of the County Recorder of JOHNSON,County,State of Iowa. Iowa Assignment of Mortgage JP Morgan Cease Back N.A. ag'�TT! L731081A 01/12 Rev.04/12 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT TO HAVE AND TO HOLD,the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. fN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on � 5 Assignor: kottIt11I11l►►►►► METLIFE BANK,NATIONAL ASSOCIATION, {� `�ti nit, al►p r� ALSO KNOWN AS METLIFE HOME LOANS,A cif DIVISION OF METLIFE BANK,N.A.BY ITS tp ATTORNEY-IN-FACT JPMORGAN CHASE BANK, t' 4 `� S NATIO AL ASSO IATION FU ire r���►►►►►f►lltnn<<��'`�� Its: Vi09 p� n1 ACKNOWLEDGMENT State of Louisiana s Parish of Ouachita § On this J day of before me appeared Ra+-E K,K. D �19_,3q .. _77— U _, to me personally known,who,being by me duly swom (or affirmed) did say that he/she is the VICE PRESIDENT, of JPMORGAN CHASE BANK, N.A.,and that the seal affixed to said instrument is the corporate seal of said corporation and that the instrument was signed and sealed on behalf of Fhy corporation by authority of its board of directors and that k-� � acknowledged the instrument to be the free act and deed of the corporation. Signature of Person Taking Acknowledgment: v Zro Printed Name Y.K.WILSON C__ — — OUACKTA PAMW.L"ANA Title or hank uFETWME CO MMWON Nt7TARY99 Serial Number,if any: (Seal) My Commission Expires:/,)&^� Iowa Assignment of Mortgage JP Morgan Chase Bank N.A. Tagaaa a L731081A 01/12 Rev.04112 Page 1 of 2 E-FILED 2025 MAY 08 8:57 AM JOHNSON-CLERK OF DISTRICT COURT BK: 5982 PG: 229 Recorded: 11/22/2019 at 11:58:27.0 AM County Recording Fee: $12.00 Iowa E-Filing Fee: $3.00 Combined Fee: $15.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa PREPARED BY:JANICE GARRISON,JPMORGAN CHASE BANK,N.A.,780 KANSAS LANE,MONROE,LA 71203,PH:,"e800) 401-6587 WHEN RECORDED MAIL TO:ATTN:ASSIGNMENT DEPARTMENT,JPMORGAN CHASE BANK,N.A.CIO FIRST AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY,IDAHO FALLS,I1 IOWA COUNTY OF JOHNSON LOAN NO.:- [W-100 CARRINGTON EBO] ASSIGNMENT OF REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the receipt of which is hereby acknowledged,JPMORGAN CHASE BANK,NATIONAL ASSOCIATION located at 700 KANSAS LANE,MC 8000, MONROE,LA 71203, Assignor,does by these presents grant, bargain,assign,transfer, and set over unto WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST CARRINGTON MORTGAGE SERVICES located at 1600 SOUTH DOUGLASS ROAD,SUITE 110,ANAHEIM,CA 92806, Assignee, its successors and assigns, all Assignor's right, title, and interest in and to that certain Mortgage dated AUGUST 05, 2011, executed by DEREK P STONEKING, A SINGLE PERSON, Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., ITS SUCCESSORS AND ASSIGNS, Original Mortgagee, and recorded in the Office of the County Recorder for JOHNSON County,State of IOWA,in Book 4788 at Page 680. AS DESCRIBED IN SAID MORTGAGE TO HAVE AND TO HOLD the same unto the party of the second part,its successors and assigns,forever,subject only to the provisions in the said indenture of mortgage contained. TOGETHER WITH all rights accrued or to accrue under said Mortgage. IN WITNESS WHEREOF,the undersigned has caused this Instrumcnt o be executed o JPMORGAN CHASE BANK,NATIONAL ASSOCIATION �nL Mh ft %►►trlttlllrllrrrr Name: an gan8 �a r4z", Title: VIGEPR, . G. SEAL �J�r''urrrl rlt t tt n►►►'��*�'' Page 1 of 2 MERS PHONE: 1-888-679-6377 Book: 5982 Page: 229 Seq: 1 Page 2 of 2 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT STA O�L U PARISH OF OUACHITA )ss. On before me appeared Rena Tanner to me personally known,who, being by me affi ed, d'sd say that he is the of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION and that the seal affixed to said instrument is the corporate seal of said entity and ccthe strument was signed and sealed in behalf of the entity by authority of its Board of Directors and that �6RA`tanner acknowledged the instrument to t free act and d�entity. (COMMISSION EXP. Angela Ruth Payne NOTARY PUBLIC Ouachita Parish, Louisiana ID OR BAR ROLL NUMBER: Lifetime COn1n�ISSIOn 4.J') Page 2 of 2 Book: 5982 Page: 229 Seq: 2 Page f of 2 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DIS PCP0276083O002 Type: GEN K1nd: ASSIGWVNT Recorded: 02/03/2020 at 12:06!53 PM Fee AM: $12.00 Pape 1 of 2 Johnson County Town iLlm Painter county Recorder 4004 PG867-868 .4*l PREPARED BY:JANICE GARRISON,JPMORGAN CHASE BANK,N.A.,780 KANSAS LANE,MONROE,LA 71203,PH.(800) 401-6587 WHEN RECORDED MAIL TO:ATiN:ASSIGNMENT DEPARTMENT,JPMORGAN CHASE BANK,N.A.CIO FIRST AMERICAN MORTGAGE SOLUTIONS,1795 INTERNATIONAL WAY,IDAHO FA 34 IOWA COUNTY OF JOHNSON LOAN NO. [W-100 CARRINGTON EBO] *CORRECTIVE ASSIGNMENT OF REAL ESTATE MORTGAGE *RECORDING TO CORRECT THE ASSIGNEE NAME ON THE ASSIGNMENT RECORDED ON NOVEMBER 22,2019 IN BOOK 5982 AT PAGE 229. KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the receipt of which is hereby acknowledged,JPMORGAN CHASE BANK,NATIONAL ASSOCIATION located at 700 KANSAS LANE,MC 8000, MONROE,LA 71203,Assignor,does by these presents grant,bargain,assign,transfer,and set over unto WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST located at 1600 SOUTH DOUGLASS ROAD, SUITE 110, ANAHEIM, CA 92806, Assignee, its successors and assigns, all Assignor's right, title, and interest in and to that certain Mortgage dated AUGUST 05, 2011, executed by DEREK P STONEKING, A SINGLE PERSON, Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., ITS SUCCESSORS AND ASSIGNS, Original Mortgagee, and recorded in the Office of the County Recorder for JOHNSON County,State of IOWA,in Book 4788 at Page 680. AS DESCRIBED IN SAID MORTGAGE TO HAVE AND TO HOLD the same unto the 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. ��ZQ IN WITNESS WHI✓REOF,the undersigned has caused this Instrument t e executed n JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Name: Retie Tg"n r Title: tts1+C t]tl�ClnCAl7 -._ ry 0 _77 f; �ffr���r«irrt i�ttttt►��t��tti Page 1 of MERS PHONE:1-888-679-6377 Book: 6004 Page: 867 Seq: 1 Page 2 of E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT STATE OF LOUISIANA PARISH OF OUACHITA )$s. on--AAN2. 7 2020 ,before me appeared Rene Tanner to me personally known,who, being by me affirmed, did say that he is the of dPN-1-1 ORGAN CHASE BANK, NATIONAL ASSOCIATION and that the seal affixed to said instrument is the corporate seal of said entity and that the instrument was signed and sealed in behalf of the entity by authority of its Board of Directors and that Reno Tanner acknowledged the ins inn to be the free act and deed of the entity. Vic C.Kni lien (COMMISSION EXP. Vicki C.Knighten E et Ouachita Parish.Louisiana NOTARY PUBLIC �ff l_4efime Cornmision ID OR BAR ROLL NUMBER; `JT Notary Public ID#54231 N -_j Page 2 of 2 Book: 6004 Page: 867 Seq: 2 Pagel of 7 E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT BK: 6617 PG: 219 Recorded: 12/16/2024 at 9:40:21.0 AM County Recording Fee: $37.00 Iowa E-Filing Fee: $3.00 Combined Fee: $40.00 Revenue Tax: $0.00 Kim Painter RECORDER Johnson County,Iowa PREPARED BY: BRANDY MANGALINDAN ADDRESS: CARRINGTON MORTGAGE SERVICES. LLC CARRINGTON DOCUMENT SERVICES 1600SOUTH DOUGLASS ROAD, SUITES 110&200-A ANAHEIM, CA 92806 PHONE NO.: 1-866-874-5860 LOAN MODIFICATION AGREEMENT GRANTOR DEREK P STONEKING GRANTEE: WILMINGTON SAVINGS FUND SOCIETY, FSB,AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST BY CARRINGTON MORTGAGE SERVICES, LLC AS SERVICER AND ATTORNEY IN FACT I_coal UcsrrirAiun: THE LAND RITERRED TO IN THIS DOCUMENT IS SITUATED IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA,AND DESCRIBED AS FOLLOWS: LOT 60, LAKESIDE, ADDITION TO IOWA CITY, IOWA,ACCORDING TO THE RECORDED PLAT THEREOF CgunjAelr ler-0 description on Me 3 TAX ID.: 1023409009 Rec. Date: AUGUST 9,2011 BY- 4788 PAC 680 INST: s, When recorded return to: _ -- CARRINGTON MORTGAGE SERVICES, LLC L_: F10 C/O LOSS MITIGATION POST CLOSING DEPARTMENT - 1 1600 SOUTH DOUGLASS ROAD, SUITES 110&200-A - ANAHEIM, CA 92806 County: SOIIi'eSON 1-41ati =_xHiarr D Page 2 of 7 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT This Document Prepared By: BRANDY MANGALINDAN - -s CARRINGTON MORTGAGE SERVICES, LLC CARRINGTON DOCUMENT SERVICES 1600SOUTH DOUGLASS ROAD, SUITES 110& 200-A 4 ANAHEIM, CA 92806 �• .. ,� 1-866-874-5860 When Recorded Mail To: " CARRINGTON MORTGAGE SERVICES, LLC CIO LOSS MITIGATION POST CLOSING DEPARTMENT a 1600 SOUTH DOUGLASS ROAD, SUITES 110& 200-A ANAHEIM, CA 92806 Tax/Parcel #: 1023409009 _ISpaceAbove This Line for Recording Datal Original Principal Amount: $131,089.00 FHAIVAIRHS Case No: Unpaid Principal Amount: $122,030.06 New Principal Amount: $130,717.65 Loan No: New Money (Cap): S8,68759 LOAN MODIFICATION AGREEMENT This Loan Modification Agreement ("Agreement"), made this 29TH day of OCTOBER, 2024. between DEREK P STONEKING A SINGLE PERSON ("Borrower"), whose address is 10 REGAL LANE, IOWA CITY, IOWA 52240 and WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRIST BY CARRINGTON MORTGAGE SERVICES, LLC AS SERVICER AND ATTORNEY IN FACT ("Lender"), whose address is 1600 SOUTH DOUGLASS ROAD, SUITES 110 & 200-A, ANAHEEK CA 92806 amends and supplements (1) the Mortgage, Deed of Trust or Security Deed(the "Security Instrument"),dated AUGUST 5,2011 and recorded on AUGUST 9, 2011 in BOOK 4788 PAGE 680, JOHNSON COUNTY, IOWA, and (2) the Note, in the original principal amount of U.S. $131,089.00, bearing the same date as, and secured by, the Security Carrington Custom Loan Modification Agrcemrnt 03272024_307 Page l Page 3 of 7 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the"Property,"located at 10 REGAL LANE, IOWA CITY, IOWA 52240 the real property described is located in JOHNSON County, IOWA and being set Forth as follows: THE LAND REFERRED TO IN THIS DOCUMENT IS SITUATED IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, AND DESCRIBED AS FOLLOWS: LOT 60, LAKESIDE ADDITION TO IOWA Crff, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary containedin the Note or Security Instrument): I, As of,DECEMBER 1,2024 the amount payable under the Note and the Security Instrument (the"Unpaid Principal Balance") is U.S. S130,717.65,consisting of the amount(s) loaned to Borrower by Lender,plus capitalized interest in the amount of U.S. $8,68759 and other amounts capitalized, which is limited to escrows and any legal fees and related foreclosure costs that may have been accrued for work completed. 2. Borrower promises to pay the Unpaid Principal Balance,plus interest,to the order of Lender.Interest will be charged on the Unpaid Principal Balance at the yearly rate of 6.8750%, from DECEMBER 1, 2024. The yearly rate of 6.8750%will remain in effect until principal and interest are paid in full. Borrower promises to make the total modified monthly mortgage payment of U.S.$1.254.66,beginning on the 1ST day of JANUARY,2025,and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. Borrower's payment consists of payments for principal and interest of U.S. S800.48, plus payments for property taxes, hamrd insurance, and any other permissible escrow items of US$454.18.Borrower understands that the modified monthly mortgage payment is subject to change if there is an increase or decrease in property taxes,insurance,or any other permissible escrow items. The escrow payments may be adjusted periodically in accordance with applicable law and therefore the total monthly payment may change accordingly. If on DECEMBER 1, 2064 (the "Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument,as amended by this Agreement, Borrower will pay theseamounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in the Borrower is sold or transferred and the Borrower is not a natural person)without the Lender's prior written consent,the Lender may require immediate payment in full of all sums secured by this Security Instrument. If the Lender exercises this option, the Lender shall give the Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument.Ifthe Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. 4. The Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation,the Borrowers covenants and agreements to make all payments of taxes,insurance premiums,assessments,escrow items,impounds,and all other payments that the Borrowed; Carrington Custom Loan ModificzlionAgretment 03272024_307 Paget '11 r� Page 4 of 7 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT is obligated to make under the Security Instrument;however,the following terns and provisions are forever cancelled,null and void,as of the date specified in Paragraph No. I above: (a) all terms and provisions of the Note and Security Instrument(if any)providing for,implementing, or relating to,any changeoradjustrrent in the rate of interest payable undertlic Note;and (b) all terms and provis ions of any adjustable rate rider,or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a)above. S. If the Borrower is currently subject to the protections of any automatic stay in bankruptcy, or have obtained a discharge in bankruptcy proceeding without reaffirming the mortgage loan debt, nothing in this Agreement or any other document executed in connection with this Agreement shall be construed as an attempt by Lender to impose personal liability under the Note and Mortgage/Deed of TFustDeed of TlruWNIortgage. In such case, this Agreement is entered into in the ordinary course of business between the Lender and the Borrower in lieu of pursuit of in rem relief to enforce the lien. This Agreement does not revive the Borrower's personal liability under the Note and Mortgage/Deed of TirustDeed of 71-ust/Mortgage, nor Is It an attempt to collect, recover or offset any such debt as a personal liability of Borrower under the Note and Mortgage/Deed of TrustDeed of Trust/Mortgage. 6. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument.Except as otherwise specifically provided in this Agreement,the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by,and comply with, all oftheterms and provisions thereof,as amended by this Agreement. 7. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the terms and conditions of this Agreement which,if approved and accepted by Lender,shall bind and inure to the heirs,executors,administrators,and assigns ofthe Borrower. 8. Borrower agrees that any costs, fees and/or expenses incurred in connection with servicing the loan that may be legally charged to the account, but have not been charged to the account as of the Modification Effective Date, may be charged to the account at a later date and shall be the Borrower's responsibility to pay in full. For example,if the loan is in foreclosure there may be foreclosure fees and costs that have been incurred but(rot yet assessed to the account as of the date the Modification Effective Date; Borrower will remain liable for any such costs,fees and/orexpenses. NOTICE TO CONSUMER: 1. Do not sign this paper hefnrc you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance -.it any time without penalty and may be entitled_to receive a refund of unearned charges In accordance µits, lark y r I� kX) Carrington Custom Loan Modification Agrcanar103272024307 Page 3 Page 5 of 7 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT InVLytaessVl7hnseof,Ilrev sacutcdth�sAgeement Bomv,ver DEREK fP 6-r4MNG -- - - Date fSpace Below Thus Lme for Acknowledgments] BORROWER ACKNOWLEDGMENT STATE OF IOWA COUNTY OF O�MttrN On this 1 daycf W "y 'p Z � befoxe me personalty appeared DEREK P STOi4'F ON]G to me personellylmoan.tobe the pesson(or persons)deacabedin andwho executed the fnregomg instrument,and acknowledged that he/she/they executed the same u bisibar/their free act anddeed. The notanal actwas a remote notenal act using eu ho-%%deo technology r Noteay Public(s atwe) ,PP'u[S Nick Haddy �� �--� v � cQmrnj5%ian Number 857653 NoteryPmrted Name. -_4 • My C msnissiop EAP S (Seal,if any) rpVeti MyCommrssion expires TT?.62-7 :a Cau3WonCafoml.o=Modif6mfionAaeem ud(IM C4jW Pap 4 Page 6 of 7 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT In Witness Whereof,the Lender has executed this Agreement. WILMINGTON SAVINGS FUND SOCIETY, FSB,AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST BV CARRINGTON MORTGAGE SERVICES, LLC AS SERVICER AND ATTORNEY IN FACT DEC 12 2024 By (print name) Date Osbaldo Sanchez,Director,Loss Mitigation (title) Carrington Mortgage Services,LLC Attorney In Fact [Space Below This Line for Acknowledgments] LENDER ACKNOWLEDGMENT A notary public or other officer cornpletutg this certificate verifies only the identity ofthe individual who signedthe document to which this certificate is attached,and not a truthfulness,accuracy,or validity ofthat document. State of ) County of W ) On before me Notary Public,personally appeared who proved to me on the basis of satis factory evidence to be the person(s)whose name(s)is/are sub ribed to the within instrument and acknowledged to me that he/she/they executed the same in his er/their authorized capacity(ies),and that by his/her/theirsignature(s)on the instrument theperson(s),orl cntitr uponbehalfofwhich the petson(s)acted,executed the instrument. I certify under PENA L:IN ❑ 1i.li1RY under the laws of the State of California that the foregoing paragraph is true and correct. :5 WITNESS trty handandolTicial seal. Signature _ (Seal) Signature of Notary Public CO SEE ATTACHFn Carrington Custom Loan Modification Agreement 03272024_307 Page 5 Page 7 of 7 j CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I� A notary public or other office completing this certificate verifies only the identity of the individual who signed , the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. I••i j State of California } ' i County of Orange On 12-t2-2024 before me, BREANNE QUESADA _ _ NQT �@I IG• (Hoe raters nary and We of die ufrueri i!' personally appeared OSBALDO SANCHEZ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the fll� within instrument and acknowledged to me that he!she/they executed the same in his/her/their authorized capacity(ies)• 1iiI and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) f acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin"aragrift is true lid and correct. I BREANNE Q1IESAW. ; Notary Aubllt-fslfrtx+ilr D) WITNESS my hand and official seal. fDo-'VComm. orangeCaunly .ominiWon d 2432454 Expires Dec 25,3II�8 Notary Public Signature BREANNE QUESADA (Notary Public Sea[) " ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS I'OR COMPLETING THIS FORMI .I � DESCRIPTION OF THE ATTACHED DOCUMENT This burnt complies whir crtrreti!California stalrites regarding nolari• '!'I wording crud. if needed.should be completed and attached to the docranent..dcknowledgments front other states nrav be conipleled Jbr I` docrintenls being sent to that state so long as the wording does nol [! — require the Calitornia nolan•to violate California notary law. (Title or description uhattached document) Siatc and County inl'ormatinn must he the State and County where l the document si¢ner(s)personally appeared before the notary public for (; acknowedgment Date of notanration must be the date that the sig icri s t personally appeared %hich must also be the same date the acknowfedgmeni is completed I (f ille or description of attached document c inuedl The notary public must print his or her name as it appears within his or her I commission tollotvcd by a comma and then your title(notary public) I Number of Pages DuCur nl Date Print the namelsl ol'document smier(sl who personally appear at the time of notarization Indicate the correct singular or plural forms by crossing off mcnrrect forms (i a IwtshcAwy.isiaw)or circling the correct fors Failure to correctly i L/PAAAIMED THE SIGNER indicate this information may lead to rejection of document recording The notary seal impression must be clear and photographically l(s) reproducible Impression must not cover text or lines 11'scal impressionsmudges,re-seal ifa suHictent area permits,otherwise complete a ditierenie O Ler acknowledgment forSignature of the notary public must match the signature on file with the _____. aisles ol'the amry clerk (Title► Additumal information is not required but could help to ensure this) acknowledgment is mot misused orottachcd too diRerent document.indicate title or h pe ofanached document,number nl'pages and date -in-Fact Indicate rite capacity claimed by the signer Ifthe claimed capacity is a corporate officer,indicate the title(i a CEO CIO Secretary) ) Securely attach this document to the signed document with a staple_ OrderlD-454175 I 2015 Version IN Carrington2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT mortgage services,Ile NVS.GYe6W R O Box 5001 - Westfield, IN 46074 DEREK P STON EKING 10 REGAL LN IOWA CITY IA 52240-6758 Property Address: 10 REGAL LANE IOWA CITY,IA 52240 M_)_,6S I IIIIIIIII II III IIII II IIIIIII III IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII Loan Number: Notice Date: 02/06/2025 . _ ;,,I C.. NOTICE OF INTENT TO FORECLOSE Dcar Mortgagor(s): In "o The above referenced loan is in default because the monthly payment(s) due on and after 01/01/2025 have not been received. The amount required to cure the delinquency, as of the date of this letter, is $2,541.33 less $0.00,monies held in a separate suspense account. SUBSEQUENT PAYMENTS (INCLUDING PRINCIPAL AND INTEREST; AND. IF APPLICABLE,TAXES_ INSURANCE AND OTHER ESCROW ITEMS), AS WELL AS, LATE CHARGES, AND OTHER FEES WILL BE ADDED TO THE ABOVE STATED REINSTATEMENT AMOUNT AS THEY ARE ASSESSED. Please remit the total amount due in CERTIFIED FUNDS,utilizing one of the following payment resources: Ovcrnitiht Mail I Western Union' I MonevGraml Carrington Mortgage Services,LLC I Quick Collect(anv location) Receive Code-7998 Cashiering Dept.2-270 1 Code Civv -CARRINGTONMS 1600 South Douglass Road, Suites 110&200-A Code State- CA Anaheim,CA 92806 1 You M11 pay a fee using this method of payment. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, PLEASE CONTACT CARRFNGTON MORTGAGE SERVICES,LLC TO DISCUSS HOME RETENTION ALTERNATIVES TO AVOID FORECLOSURE AT 1-800-561-4-567 OR BY MAIL AT 1600 SOUTH DOUGLASS ROAD, SUITES 110&200-A,ANAHEIM,CA 92806. YOU MAY ALSO CONTACT THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD) HOTLINE NUMBER AT(800) 569-4287 OR YOU CAN VISIT THEIR WEB SITE AT http, //►}tau.hud.Q%/_roreclosurelindex.cfm TO FIND OUT OTHER OPTIONS YOU MAY HAVE TO AVOID FORECLOSURE, Failure to cure the delinquency Nritlun 30 days of the date of this letter may result in acceleration of the sums secured by the Deed of Trust or Mortgage,foreclosure bN judicial proceeding, and sale of the property. sx,isR E - Page 1 of 4 s E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT ■ You have the right to reinstate your loan after legal action has begun. You also have the right to assert in foreclosure,the non-existence of a default or any other defense to acceleration and foreclosure. Should you have any questions,please contact our office at 1-800-561-4567 Monday through Friday 8:00 AM to 8:00 PM Eastern Time. Sincerely, Loan Servicing Department Carrington Mortgage Services, LLC 1-w- C0 Ul 1 - Page 2of4 E-FILED 2025 MAY 08 8:57 AM JOHNSON - CLERK OF DISTRICT COURT IMPORTANT DISCLOSURES -VERBAL INQUIRIES &COMPLAINTS- For verbal inquiries and complaints about your mortgage loan, please contact the CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC, by calling 1-800-561-4567. The CUSTOMER SERVICE DEPARTMENT for Carrington Mortgage Services, LLC is toll free and you may call from 8:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday. You may also visit our website at www.CarrinctonMortgaae.com. -IMPORTANT BANKRUPTCY NOTICE- If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pending bankruptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you are represented by an attorney with respect to your mortgage, please forward this document to your attorney. -CREDIT REPORTING AND DIRECT DISPUTES- We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your-credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If you have concerns regarding the accuracy of any information contained in a consumer report pertaining to this account, you may send a direct dispute to Carrington Mortgage Services, LLC by fax to 800-486-5134 or in writing to Carrington Mortgage Services, LLC and Attention: Customer Service, P.O. Box 5001, Westfield, IN 46074. Please include your loan number on all pages of the correspondence. -MINI MIRANDA- This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practioeas Act and does not imply that we are attempting to collect money from anyone who has discharged the d bt und0the bankruptcy laws of the United States. r_ -HUD COUNSELOR INFORMATION- If you would like counseling or assistance, you may obtain a list of HUD-approved homeownership.counsplors or counseling organizations in your area by calling the HUD nationwide toll-free telephone number at'(800)569-4287 or toll-free TDD (800) 877-8339, or by going to http://www.hud.goy/offices/hsglsfh/hce/hcs.cfrn, You c#n also contact the CFPB at(855) 411-2372, or by going to www.consumerfinance.gov/find-a-housing-counselor. -EQUAL CREDIT OPPORTUNITY ACT NOTICE- C3 The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants'-on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers Carrington Mortgage Services, LLC compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. SCRA DISCLOSURE- MILITARY PERSONNEL/SERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benetits to eligible military service personnel, including protections trom toreclosure as well as interest rate reliet. For additional information and to determine eligibility, please contact our Military Assistance Team toll free at (888) 267-5474. -NOTICES OF ERROR AND INFORMATION REQUESTS, QUALIFIED WRITTEN REQUESTS (QWR)- Written complaints and inquiries classified as Notices of Error and Information Requests or QWRs must be submitted to Carrington Mortgage Services, LLC by fax to 800-486-5134, or in writing to Carrington Mortgage Services, LLC, and Attention: Customer Service, P.O. Box 5001, Westfield, IN 46074. Please include your loan number on all pages of the correspondence. You have the right to request documents we relied upon in reaching our determination. You may request such documents or receive further assistance by contacting the Customer Service Department for Carrington Mortgage Services, LLC toll free at 1-800-561-4567, Monday through Friday, 8:00 a.m. to 9:00 p.m. Eastern Time. You may also visit our website at www,Cardn tonMort a e.com. Page 3 of 4 E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT This page is intentionally left blank. DO - Page 4of4 E-FI E❑ 2025 MAY $$ bot��JWr�QBb-CLERK OF DISTRICT COURT Overland Park, KS 66213-2660 S O U T H L A W 913.663.7600 southlaw.com A Professional Corporation offices in Missouri • Kansas • Nebraska •Iowa April 17,2025 Derek P. Stoneking 10 Regal Ln Iowa City, IA 52240-6758 Notice of Acceleration of Indebtedness—Notice of Mortgage Mediation Assistance Property: 10 Regal Ln,Iowa City,IA 52240 Loan Servicer: Carrington Mortgage Services,LLC Loan Number: — Original Loan Amount: $131,089.00 Date of Note: August 5,2011 Creditor: Wilmington Savings Fund Society,FSB,as Trustee of Quercus Mortgage Investment Trust File No. 218160 Dear Borrower and/or Owner: This firm represents the Creditor regarding the above-referenced mortgage loan. The Creditor is the current owner or holder of the Note(or is legally acting on behalf of the current owner or holder), which is secured by a Mortgage against the Property described above. Due to a default in the payment of the Note and a failure to cure s&--B default as previously demanded, the Creditor now demands payment of the accelerated unpaid piuicipal 6a1'ance of S130,365.03, plus contractual interest from December 1, 2024, and such other fees and costs whi,6h-are secured by the Mortgage. Demand for Payment: The Creditor now demands payment in the amount of S 134,280.35 ta-tic aid v thin 14.. days from the date of this letter in accordance with Iowa iCode §654.4B. Until this amount is patd4nrfttlt Qhis firm: will continue to take whatever legal steps are necessary to protect the Creditor's interests and to-exercise-its rights without further notice,including,but not limited to, foreclosing the Mortgage. Payment must be made by Electronic Funds Transfer (ACH), cashier's check, certified check, or money order, and payable to Carrington Mortgage Services, LLC. Please include your loan number on any payment or correspondence. If a personal check is tendered,the funds will be returned. Payment must be sent to: SouthLaw, P.C. Attn: Loss Mitigation Department 13160 Foster,Suite 100 Overland Park,Kansas 66213 Funds must be received no later than 5:00 p.m. CST on or before 14 days from the date of this letter. If you have additional questions about the information contained in this letter, or if you need instructions to initiate a wire or electronic transfer of funds,please contact: SouthLaw Loss Mitigation Department (913)663-7600 (800)381-1536 if calling from Kansas, Missouri,Iowa or Nebraska 8:30 a.m.—4:30 p.m. CST E-mail: lossniiqei southlaw.cant rxrsfasr F If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect a debt, but notice of possible enforcement of the lien against the collateral property. The law firm of SouthLaw, P.C., a debt collector, is attempting to collect a debt as defined by the Fair Debt Collection Practices Act and any information obtained by the law firm will be used for that purpose. E-FILED 2025 MAY 08 8:57 AM JOHNSON -CLERK OF DISTRICT COURT Mortgage Mediation Notice You are receivsrig this notice because (1) your fender believes that your mortgage is seriously delinquent, or (2,a foreclosure petition was recently filed against you. The purpose of this notice s is to inform you that help is available through Iowa Mortgage Help, a State of Iowa-sponsored program. _r hen is available ._ ro . Iowa Mortgage Help is a group of organizations partnering with-the (ovia Attorney Generals Office and the Iowa Finance Authority td offer all Iowans access to free, corfideritial mortgage cour..setmg with local organizations located right here ;n Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you cal;, you wW be referred to a trained, professional counselor who will isten to your situation and offer free, confidential advice through each y step cf 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 Icwa Mortgage Help_ The fact that a foreclosure petition may be or has been filed .against ycu does not necessarily mear,that you will lose your house. It is NOT too ;ate. There is still time for help. Do Not Delay.This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to Iowa MortgageHelp.com. This free call could save your home. i� Iowa Mcrtgage Help 1-87 7-622-4866 www.1owaMortgageHetp.com f 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. } vaila ble - r C- ­4 Iowa Mortgage Help is a group of organizations partnering wi€h:the Iowa Attorney General's Office and the Iowa Finance Authorif to offer all Iowans access to free, confidential mortgage counseling local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders y and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp.com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHelp.com This notice is being provided as required by Iowa Code section 654.4B(2).