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Claim by Nationstar Mortgage LLC,,`r CG- ~ .~ IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY NATIONSTAR MORTGAGE LLC, rn o .. c1~ Plaintiff, ~ ~' ~ f j ~ ~ 1 C "'"', tu ' ~ .. .~ _. r~- ~ ~ 4; IN JEROME POTTER, SPOUSE OF v' m IN JEROME POTTER and CITY OF `-' UBUQUE HOUSING & COMMUNITY DEVELOPMENT DEPT., Defendants. Equity No. 1131 ~CQGU~q~ 1G,~$q' ORIGINAL NOTICE TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of this court naming you as the defendant in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The plaintiff s attorney is Gregory J. Kreitner, of Metcalf, Conlon & Siering, P.L.C., whose address is 126 West Second Street, Muscatine, Iowa 52761-3713. His phone number is (563) 263-9494; his facsimile number is (563) 263- 7824. You must serve a motion or answer within 20 days after service of this original notice on you, and within a reasonable time thereafter file your motion or answer with the Clerk of Court for Dubuque County, at the county courthouse in Dubuque, 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 a court action because of a disability, immediately call your District ADA Coordinator at g33 -33.2_• If you are hearing impaired, cal(~e y Iow~'I;TY at -800-735-2942. CLERK OF THE ABOVE COURT Dubuque County Courthouse Dubuque, Iowa 52001 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY NATIONSTAR MORTGAGE LLC, Plaintiff, Equity No. ~~.LL~~v~~l ~~ v. KEVIN JEROIVIE POTTER, SPOUSE OF KEVIN JEROME POTTER and CITY OF DUBUQUE HOUSING & COMMUNITY DEVELOPMENT DEPT., Defendants. =:=: ' _ __ .- ~-~ - y Plaintiff states: ~':~ ~ -- c:~ c_ --+ NOTICE ~ ~_; _..., ~. THE PLAINTIFF HAS ELECTED FORECLOSURE WITHO>`. _~ ' REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTCr~i~EB- PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS AONE-FAMILY ORTWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT AONE-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. 1. On or about October 10, 2002, Kevin Jerome Potter executed and delivered to Centex Home Equity Company, LLC, now known as Nationstar Mortgage LLC, a promissory note. A copy of this note is attached as Exhibit A. 2. On the same date, as a part of the same transaction for the purpose of securing the note, Kevin Jerome Potter executed and delivered to Centex Home Equity Company, LLC, now known as Nationstar Mortgage LLC, a mortgage, transferring and conveying unto Centex Home Equity Company, LLC, now known as Nationstar Mortgage LLC, the following real estate situated in Dubuque County, Iowa: PETITION FOR FORECLOSURE OF MORTGAGE This communication is from a debt collector. This is an attempt to collect a debt, and any infom~ation obtained will be used for that purpose. The Southerly 1/2 of Lot 32 in East Dubuque, an Addition in the City of Dubuque, Iowa. Exhibit "B" attached is a true and correct copy of the mortgage. 3. On October 18, 2002, the mortgage was duly recorded in Instrument no. 19253-2002, of the records of the office of the recorder of Dubuque County, Iowa. 4. The mortgage, among other things expressly provides for the appointment of a receiver upon the filing of a petition for foreclosure or at any time thereafter. 5. On July 3, 2008, defendant Kevin Jerome Potter, the current owner of the property described above, was in default in the payments on the note. On that date, plaintiff mailed to defendant Kevin Jerome Potter a notice of right to cure, as is required by Iowa Code §654.2D. 6. Defendant Kevin Jerome Potter did not seasonably cure the default on the payments on the note. On August 18, 2008, plaintiff elected to declare the whole of the note and mortgage immediately due and payable, and demanded payment in full. Defendant Kevin Jerome Potter did not comply with this demand. 7. As of August 13, 2008, the balance due on the note and mortgage is a principal balance of $34,944.10, plus interest, late charges and other lawful charges resulting in a total owing of $37,344.23, after allowing due credit to defendant Kevin Jerome Potter for all payments made. 8. In the preparation of this action, it was necessary for plaintiff to employ an attorney to represent it, and for this purpose plaintiff has retained and employed Gregory J. Kreitner, to represent it. 9. Plaintiff has been made to incur the expense for continuing the abstract of title to the collateralized real estate, and will continue to incur abstracting expenses during the course of this action. This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. 10. All defendants have or claim to have some lien upon or interest in the premises described above. Whatever lien or interest defendants may have is junior and inferior to the lien of plaintiff s mortgage as described above. 11. Plaintiff waives its rights to a deficiency judgment in this matter. WHEREFORE, plaintiff prays: FIRST: That a receiver be appointed by the court to take immediate possession of the premises described above with power and authority and the duty to keep, repair, maintain and insure the premises, buildings and other improvements thereon; to lease it and collect the rents, issues and profits arising the which maybe had from it, and to retain and~dispose of said rents and profits as plaintiff s mortgage provides and as the court may hereafter determine and direct. SECOND: That the plaintiff have judgment quieting title to its note and mortgage against all defendants, and that it have judgment in rem, against the premises described above in the sum of $37,344.23, with interest at 14.625% from August 13, 2008, on the principal amount owing, for such additional sum of sums as may hereafter be advanced for continuing the abstract of title or other purposes authorized by the note and mortgage by Iowa law, and for reasonable attorney's fees upon the note, interest and other sums advanced by the plaintiff as set out above, and for the costs of this action. TH1RD: That said judgment be declared to be a lien upon the premises described above from and after the date of execution of the mortgage, and upon the rents, issues and profits arising and which maybe had therefrom from and after the date of filing of this petition, and that said lien be declared to be prior and paramount to the lien and interest of the defendants upon and in the said property. FOURTH: That plaintiffs mortgage be foreclosed, and that a special execution issue for the sale of the premises as soon as legally permissible after the entry of the This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. decree, or so much thereof as maybe necessary to satisfy the judgment with interest and costs. FIFTH: That in the event the property described above does not sell for sufficient to satisfy the judgment, the net proceeds from the rents, issues and profits which maybe had therefrom, from and after this date, be applied upon said judgment until it is fully satisfied. Plaintiff also prays that, if the current equitable titleholders receive, prior to the sheriff sale, a bona fide offer to purchase acceptable to it and to them, that the court approve a sale free of liens under provisions of §654.17A, the Code. SIXTH: That after the sheriffs sale of the property described above pursuant to a special execution issued herein, a writ of possession issue herein under seal of this court directed to the sheriff of Dubuque County, Iowa, commanding him to put the grantee under sheriffs deed in possession of the premises deeded to him, and to remove any defendants, or persons claiming by, through or under any of them, or any person in possession thereof, out of such possession of said premises. SEVENTH: That plaintiff have such other and fort r relief as the court may find it to be entitled to in equity. /~~ / #AT0004326 METCt~I,F, CONLON & SIERING, PLC 126 West Second Street Muscatine, IA 52761 (563) 263-9494 Attorney for plaintiff kreitnerg@mcslawiowa.com This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. 240913103 ADJUSTABLE RATE NOTE (L®OR 6 Month lades (M Published >a The Wall Stmt ,laornal) -Rafe Caps) THIS NOTE CONTAOIS PROVISIONS AI,I.OWJNC FOR CHANGES IN MY INTEREST AATE AND MY MONTHLY PAYMENT. THIS NOTE LBKITS THE AMOUNT MY UVTEREST RATE CAN CHANGE AT ANY ONE TUNE AND THE MAXIMUM RATE I MUST PAY. 0(.TOOaFdt 10 , 2002 DRBaaIDAfB IOFA (o.el (ciry) Iswrcl 1736 JI~CSQi STREET, DOBOQOE, IOFA 52001 terry Amrsal 1. BORROWER'S PROMISE TO PAY ~~ In rehrrn for a loan Out 1 have received, 1 promise to pay U.S. S 36 , 375.00 (IhiS amount is called "principal"), Plus inkresl, to We order of Ote Lender. The Lender is C6NT&tr B/l•>B EQDIIR CO~ANY, 7d.C understand that the leader may imntfer this Nok. The Leader or arryoac who takes this Note by ltatrsfu aced who is entitled to receive payments under Wis Nae is called tbe "Nok Holder." 2. INTLREST interest will be charged on unpaid principal until the flrll amount of principal has been paid. I will pay interest at a '_ yeazly rak of 9.990 %, The interest mte I will pay may change in accordance with Sullen 4 0[ this Note. The interest rate required by this SerAion 2 and Section 4 of tlds Nok is the mte i will pay both before and after any default described in Section 7(B) of this Nok. 7. PAYMENTS (A) Time ud Place of Payments 1 will pay principal and interest by making paymenu every month. 1 will make my monthty payments on the let day of each month beginning on Dg~~gR 1 2002 1 will make these payments every month umU 1 have paid all of the prirrdpal and inkresl and arty other charges described below Drat 1 may owe order this Note. My rmoWWy payments will be applied to interest befog principal. If, on NoyglmMe 1, 2032 , 1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Mamriry Date." I will make my monthly payments at p,0. BOOC• 199400 Di1IS,A8, TX 75219-9077 or at a diHcrcm plea if required try the Nole Holder. B) Amount of My W(Uai MootYly Paymend 318.95 Each of my initial mm~Wy payments will be in the amount of U.S. f This amount may change. (C) MoatWy Payment Changer Changes in my monWy payment will reflect changes in Ote unpaid principal of my loan sect im the interest rate that I must pay. The Note Holds will determine my new interest rak and lht efunged amount of my monthly payment in accordance with SeLion 4 of this Note. 4, INTEREST RATE AND MONTHLY PAYMENT CHANCES (A) Change Data The interest rate I will pay may change on the tat ~, ~ r7DVEl~ffit 2004 sect on that day every 6TH month IhereaBer. Each desk on which rtry inkrest rate mould change is celled a'C,hange Date." bfodiBdJ7t (910 nl FNMA 75~ (~40'1'F L180R 6 MONTH MDF.X ceur•t (oato9q.bt eeet°rs war.: 'La~ya~avo (B) The)nde: ltegiming with the first Change Data rtry wtertst mk will be bawd on an Irt~x The "Index' is the average of intedrank aHcrcd rates for 6 month U.S. doliarderrominated deposits in the London market ("LIBOR'), as published in The tYafl Sneer Journol. The moat recent irdex figure available as o[ We first business day of the month immediately preceding the month in which the Change Date oaaus is called the "Current Index." If the Index is no longu available, the Note Fielder will choose a new index that is based upon comparable information. The IYok Holder will give are rtoUce of this choice. (C) Calculatloo of Chu¢s eeforc each Change Dam, the Nme Heider will calculate my new interest rate by adding HItt4 AtID 840/1000 percentage point(s) ( 9.540 %) to the Current Index The Nae Holder will then round the result of this addition to the nearest oaectghtlt of one percemage point (0.125%). Subyxt to the limits slated in Segioe 4(D) below, this rounded amount will be my new interest rate until the next Change Dak. The Nate Holder w1U then determine the araourtt of ttk monthly payment shat would be sufficient to repay rho mpaid principal that I am expected to owe at the Change Dak in Cull on the Maturity Date at my new interest tale in substantially equal payments. The result of thin calarlation will be the nesv amormt of my monthly payment. (D) Lim14 on latereat Rare Chuger The inkrat rak 1 am required to pay at the first Change Dak will na be greater than 11.99D °/ or ~ than 9.990 '~•• Theteafier, my inkrest rak will never be irrcreased or decreased on any single Gunge Date by more than ~ IDID 000/1000 percerrugt pelota(s) ( 1.000 %) Cmm the rate of interW f love been paying for the preceding 8 months. My intuut rate will never be greeter than 16.990 % or lower than 9.990 ~•• (E) EffeetWe Date of Chuges My new interest rate will become e@ative on each Change Date. 1 will pay the attnwnt of my new monthly payment beginning on the first monthly paymem date after the Change Dak until the amount of my monthly payment changes again. (l') Notitt of Chugs The Note Holder will ddiver or mail to ate a notice of arty chenga in eery interest rate sad the amount of my monWy payment before the effective desk of anY change. The; mice will include information required by law to be given me and also the telephone number of a person who will answer any questions 1 may have reganling the notice. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time brdorc they are dot. A prepayment of all of the unpaid princpal is known as a "tWl prepayment" A Prepayment of only part o[ the unpaid principal is (mown as a 'partial PnL• Except as provided below. 1 may make a full or partial prepayment ar any Lima U I make a Partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agora in writing to ~ clungp. MY paAial P~Y~ may reduce the amormt of mY moothty paymwti after the first Change Date following my partial Prepayment. However, arty redtrction due k my partial prepaymrnt may bt ofikel by an ivtercsl rak increase. I may make a full prepayment al arty elm. However, if within the first 60 monks aRer the exeeuGon of the Mortgage, Deed of Trust or Decd to Secure Debt (the "Savciry Insiruman"), 1 make any Prepayment(s) within enY 12-month period the toW amount of which exoxds twenty percent (20%) of tle original principal amoum of ihts loan, I will pay a Prepayment cMrge iw an amount equal to Ote payment of six (~ months' advance imerest on the emwot by which the total o! my prepayment(s) within that 12-momh period exooeds twenty percent (2056) of the original principal amoum of the i loan. 6, IRAN CHARGES IC a taw, which applies to this loo and which sets maximum loan charges, is finally interpreted so that the interest or other loan charge ootleckd or to be txdlectM in carnation with this loan exaW the pumitted limits, then; (i) atry such loan charge shall be reduced by the amount rraxssary to radrrce the charge to the perarined limit; and (ii) any sums already collated from nk which exceeded permitted limila will be refiuded to me. The Note Holdu troy choose k nuke Otis refund by reducing the principal 1 owe under this Nok or by making a direct payment to me. H a refund reduces principal, the reduAioa will be treated as a partial Prepayment. ~ M~od7fied~l7A }I05) /~FTUTA 33~ (6y1j Tt<LIBDR 6 MONTT[ RJDIX • w/PPP ceur-P (on(mt> P.~ 1 or4 tru.u:~.-- 'L4UYl~lvo 7. BORROWER'S FAH.URE TO PAY AS REQUIRED (A) Late Charges for Overdue Paymenu U the Note Holder has not received the full ammunt of mty monthly payment by the end oP 15 calendar days alter the dak it is due, [will pay a lak charge to the Note Holder. The amount of the charge will be 5.00 °/ of my Overdue payment of principal and interest. f will pay this late charge promptty but only once on each )ate payment. (B) Default H ! do not pay We full amount of each monthly payment on the date it is due, I wilt be in default. (L) Nattce of Ddaull U' I am in default, the Nok Bolder may send roe a written aodce telling me that if 1 do not pay We overdue amount try a certain date, the Note Holder tray require the to pay immediakty the full amount of principal Ulat has not been paid and all the inkren that 1 owe oa that amount. That date must be nt least 30 days after the risk an which the notice is delivered or mailed to me. (D) No Waiverhy Note Holder Eves if, at a rime when 1 acct in default the Note Holdtt does ant require tm to pay tittmcdiakty in full as described above, the Note Holdu will still have the tight k do so if I am in default at a later time. (E) Payment of Note Holder's Costa and Expettxea U the Note Holder has required me to pay immediately in lull as described above, the Nok Holder will have the right to be paid back by me for all of its nests and expeasrs in enforcing this Nok to the extent not prohibited by applicable law. Those expetlses include, for example, reasonable attorneys' foes. 8. GIVINC OF NOTICES Unless applicable law requires a different method, airy notice that muri be given m me under Ibis Note will be given by delivering it or by mailing it try first class mail to me M the Property Address about or at a differwt address if 1 give the Nok [{older a aorta of my different address. Unless the Nok Holder requires a different method, arty ndice that must be given to the Nok Holder under this Note will be given by mailing it by first class mail b Ute Nok Holder at the address stated in Section 3(A) above or at a different address it i am given a notice of ibat differcm address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If morn than one person signs this Nok, each person is fully and prasottally Obligated m keep all of tiro promises made in this Note, including the promise to pay the full amount owed. Arty person who is a guarantor, surety or endorser of ihts Note is also obligated to do these things. Any person who takes aver Utese obUpUons, including the obligations of a guarantor, surety or endorser of this Nok, is also obligated to keep all of the promises made in this Nae. The Note Holder may enforce its rights order this Note against each person individualty or against ell of us together. This means That any one oC ua may be required ro pay all of the amours owed ruder this Nak. 10. WAIVERS [ and any other person who has oblipUons under this Note waive the rights oC presentment and notice of dishonor. "Presentment" means the right m require rite Nok Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Nok Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Nok is a uniform instrwneut with United variations im some jurisdictions. In addition to the protecUoua given to the Nok Holder under Uric Note, a Mortgage, Decd of Ttusl or Security Deed (the "Severity Instrument'), dated the same dale as this Note, protects the Nok Holder ftom posseUle losses that might result if i des not keep the promises that I make in this Note. Trutt Security Instrument describes how aced order what conditions I may be required to make immediek payment in full of all amounts I owe under this Note. Sane of those cotdibons arc described as follows: Tramfer of the Prnperiy or a Beneficial Inkral is Borrower. U all or airy part of the Property or any intend in it ib sold or trertderred (or if a beneficial interest Ui Borowtt is sold or transferred and Borrower is not a aahrral person) without Lenders prior written consent, Lender may, at its optioq enquire immediak payment in full of all sums setttred by this Stxurity instrument Howevtt, ttds option shall not be exercised by Lender V exerciseis prohibited by faders! law as of the dak of this Security instnunent. Lender also shall not exercise this option ff (a) Borrower causes to be submitted to [.coder informa0an regtdrod by Lertder to evaluak the intended Uanderee as if a new loan were bring made to me trenderee; and (b) Lender reasonably deterMines that Lenders security sill not be impaired ly Ux loan amvmpHon and that the risk o[ a breach of any covenant or agrcemem N Ihis Socwity Instrument is arxxpmble to [.ender. To Ute extent permitted by applicable law, Lender may charge a reasonable Cee as a condition to Lenders consent to the Ioan assumption. [.ender also may require Ne Irartderce to sign en assumption agreement that is accepmble to lender end that obligates the transferee to keep all the proadses and agreements made in the Note and in this Security Inawment. Borrower will continue to be obligated under the Note and this Senrrity Tnstrument unleM Lendu releases Borrower to writing. U Lender exercises the option to require immediate payment in full, Lender shall give Borrowtt notice of aocelerattom. The nods shall provide a period of not less than )0 days from the date the notice is delivered or mailed wiWin which Borrower must pay alt soma secured by this Sawity fastrvmeot If Borrower fails to pay these sums prior to the expiraUoa of this period, Lender may invoke any remedies permitted by this Seauity Instrmment tvittloul further rtotiae or demand on Borrower. 12. APPLICABLE LAW This Nok shall be gwemed by the laws of the State of IOfD- U a law, which applies to this Ions and sets maximum loan charges is 6malty interpraed ao that the interest and other charges collected m to be collected in eonmation with this loan exceed the pemdtted limits, then; (A) any such imertst or other charge shall be teduoed by the amount necessary m reduce the interest or other charge to the permitted limit; and (B) any sums already oollectad from me which exceed permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal i owe ttndtt this Nole or by maldag a direct payment to me. V a reCUnd reduces principal, the redaction will be treated as a partial Prepayment, bat in no event will a prepayment charge be assessed if the Note Holder chooses to roduce my prirrcipsl balance by applying such exoas amounts. WITNESS THE BAND(S) AND SEAL(S) OF THE UNDERSIGNED. K. )fllt1/ 1 Ff.LitJ (Seal) KEVIN !~ POTTER -Borrows lit)FiX IBBt~ I~CQE SSN: SSN: (Seal) •Bmrowa (Seal) -Bwmwu (sear -Bonowa (Seaq -ttarow> (Seat) -B°rmav Ili 4~b ~g a3o~i creel) -Renews SSN: SSN: (Sign Original Only) +~ MULTISTA7E~~gqtA4ppDS5R)STABLE RATE NO'fE,LIBOR 6 MONTH W DIX Afl1LTISTATE ADIUSTADLE RATE NOTE•L)BOR 6 MON77I INDEX ~ ` CMM t]M x(071696))! ~~ 7526 (fN4) Pag° I of4 ModRfad-a3t (9106) /FNMA 3520 (6194) CEt36-7 (07109x) Py° 3 of I (~pvr ALLONG~ TO NOTE LOAN NUMBER: 240913108 ` ALLONGE TO NOTE DATED: 10/]0/2002 IN FAVOR OF: Centex Home Equity Company, L.L.C AND EXECUTED $Y: KEVIN dEROME POTTER PAY TO THE ORDER OF WITHOUT RECOURSE Cente: Home Equity Company, L.L.C. DY: /~1hs~./~i~t,Q.t.J Karen Renner TITLE: DOCUMENT SIGNER KATHY FLYNN THURLOW j~~1. . ,u. ll~~ ~ ,. ~ . ~ ~ 9253-02 21010CT I B AM 9~ 2 I Pre erect Hy: x~c ~ GAT11'( FIYRN THURLOW CO awr .78zuc1xs cr~rrrx saes aQD1TY casAxx, L1.c UNTY flECORDER OUBUOUE CO., IOWA FEES 0 2828 x. BA16t00D, OtAiII. C1gsIIiU 12th floor O Dntlas, Tx 76201 \ V (~ 211-758-7032 D~"\ Return To: CP.NTES RCl4S EQLITY OOt4pAHY, IS.C `~ P.O. 807[ 199111, BIlAL DtxB Dallas, TX 75219 240913108 19put Above Tbb IJoe For lterordby Dafal MORTGAGE ~ AOENCY, INC. Q pZ KS I ~ ~ ~ 94 5 NALLAYE. SHAWNEE MISSION, KS 83207 t---~ (919)333.3454 -~ DEFIMTIONS ' ~ ~ ~ Wads used in multiple sections of this document ere de6aed below end other words tue defined in Section ~, ~ 3, 1 I, 13, l8, 20 ead 21. Certain riles regarding the usage of words used in this documrnt are also provided ~ ~ in Section 16. 'y (A) "eceutiry Iwtrumwt" means this documrnt, which is dated 10/10/2002 ~ '~ q together with aV Riders to this document. (B)) "Borrower" is - ~~ I(iVIN Jl~ pOTpER (,~~Q,tM q.Q,r-. Borrows is the mortgagor under This Security htstrtmtent. IOWq Sin01a Fondly- Fann4 MaalFroddls Mae INNFORIA tNBTRUMENT Form J070 1101 L~~1u11 moasl am,r; VMP MoRIWOE FIXiM3 ~ (0001,Zt-rmt 23alG~GI..OU 3000EUO 260913108 (C) "Lender" is ~,~ Bt2ft EQOITY OOtlQAD71t, LLC . lender is a A LIMITED I,I718ILITY CCIO?ANZ organized and existing order the laws of T~ BTATE OP DEI.11tAAE . La,der's eddrea is 2828 IIOItTR 101187000 DALI,118, TlC 75201-1516 , Lender is the mortgagee undo this 9ecwity )nslnanent. (D) "Note" means the promissory note signed by Barowtr end dated 10/10/2002 The Nok states that Bamwa owes Lends T81ItlY 8IX T1ONf8711ID T~ H(R~1PBD 881rEti17 FIVE L 00/100 potters (U.S. S 3ti,375.00 )plus interest. Borrower hu prmtisal to ey Otis debt is regular Periodic Payments and to pry the debt in full ltd later tben 11/01/2032 (E) "Property" rtxens the property Out is described bdow under the heading 'Transfer of Righu in the Properly." (F) "Loco" means Ole debt evidenced by the Note, Plus interest, my Prepaym®t eLarges and late charges due under O,e Nole, sect ell sums due undo this Secuity Instrttount, plus iattseu. (G) "Alden" means ell Rider to this Security Insrument that arc executed by Borrower. The following Riders arc to be txeculod by Btarower [check box u applicable]: Adjusubk Rate Rider Condaniniun Rider (~~(~~jj 3rxorrd Home Rider Balloon Rider ~ Phoned Uait Oev'doptrxnt Rider (mot I-4 Family Rider ^ VA Rider Biwtekly Paymwt Rids ~~LJJ] OO7er(s) [spocify] ~ "Applkabk Lae" mesas all controlling eppliabk Coderal, slue end local Aelule, rcgdations, ordinances and admwislrafive ndes and orders (slut Mve the effect of law) u well as all applicable foul, non•appalable judittial opinions. m "Communky Astodatloo Dua, Frey, aRd Asaastteen4" mans all dire, fee, assesstnrau std odrer charge That am imposed oo Borrows or the Property by a txrndanioium association, homeow,ren essociatiott or similar orgmization. (.n "Eketrook Funds Transfer" mew any transfer of funds, other thmt a transecliat origimted by shale, draft, or similar paper iaWUment, whidr is imitiued Wrotrgh m electronic temtinel, ldephonic irutnmteot. computer, or magnetic tape so u to ceder, instruct, or auO,oriu a fmmcial inaOtuO® to debit or aedil an acemunt. Such term includes, but is tort limited to, point-of-sde treaders, eutomat~d letter ,nachice trensactiotu, transfers initiated by tekphatte, wee trmders, sad etttoauted clurimgheusc tranafrsa. (R) "Esero,r items" means those itaas that arc described in Section 3. (L) "Mlset0sntswa Proer:eds" means uY campawuion, setOwml, award of damage, or proceeds paid by anY third Party (other Oren instuenrx proceeds paid undo the coverage dernibed iu Section S) for: (i) damage to, or destruction o1y the Property, (u) condemnation or other taking of ell or any pert of the Property; (iii) convryancc in Geu of cottdmrmetioa; or (iv) miarepresenWions of, or otnissiems u lo, the value and/or condition of the Property. (M) "Mortgage Iworena" means irstnet7ce protecting taller ageitttt the nonpayment o~ err detadl on, the Loan. ~ "Patiodk Payment" moms the rcgulariy srhodded mnouu due fm (i) principal and interes4 under the Note, Plus (ii) any amounts under Section 3 of thin Saurity hutrwrrer,L mew: t~aMl toms? vo. s d+s Form l4ie trot 240913108 (O) "AFSPA" means the Red Estate Settlement Procodttre Act (12 U.S.C. Section 2601 d seq.) coil its implerruoGng regtduion, Regtdatioo X (24 C.F.R. PaA 3500), u they might be emended Crom time to time, or any additiond m suecesaor legislatiar or rcgdation Thal governs the scone subject matte. As nand is this Security Instrrrrorn4 'RESPA' refesa to ell rcquireorenta and restrictibas tbat are itnpoxd in regard to a 'federally related martgsgt loan' even if Ilre Inen does not quality w a "federally related mortgage loan" undo RFSPA. (fh "Suerxasor ~ Interest of teorroeer" mesa any party Out has takes OOe to the Property, whether rm rail Ihat party hu assumed Borrowds. obligations under the Nde endlor Ihis Socwity Instrument. TRANSFER OF RIOFTfS IN THE PROPERTY This Security Ittstnmtent sectnes to I.ettder: (i) the repeymrnt of the Loan, end all rwewals, exte»sions and modi6csOons of the Nde; and (u) the perforrruoce of Borrmver's covrnanls end agreements under this Sxurity htsbsuoeol and the Note. For this purpose, Borrower irrevocably mortgages, grmts coil conveys to I.erder, with power d' ask, th following described property located in the COOai'1R of , t Is)P^ of Raoadrra au;.~e7oel ttmmding rm;.aa7mj T17S B~ALZ RA78 OF LOT 32 IN E118T , AN A1mITI0ef IN Tf$ CITY OF ~ DL7BDQOE, 19DBOQO6 COUPTl, IOiO1, ACCOADZNO TO TIC REOORDED FIAT T1~REOF. Pared m Number. which eurrady 6e the address of 1786 JA,Qr80ti 8T1tEET Istwr+l ~ ("Property Andres'): » Irs+rl ,Iowa 52001 lztn coed TOGE7'tl[7t WITH VI the improvements now or hereafter erected rnt the pmperiy, and all cauorrnLs, appurteoeaoes, and fiM,aes now a hereafter • part of the prgxrty. All replacements end eddiOou shill also be covered by Otis Security Instr,®enl. All of the torcgoing is rc@rred to in dos Security Imtr»rnrnt as Ox ~Y" I BORROWER COVENANTS that 13orrowrr is Iatvfu0y seised of the estate hereby cmrvrycd and hu the right to grant end convoy the Property and that the Property is tmenctanbered, acept for encumbrances of record. Bortowcr watranta and will defend gent:ralty the title to the Property against all claims end dtmends, ~ subject to any encmobrmces o[ record. THIS SECURITY MSTRUMENT combine uniform covetreus for national use coil non-uniform ~ eovmemts with limited variations by j,rrisdictiom b consOtWe s Oviform saurity inshvment covering real Pr~tY~ Wtl~\ t~iMl loose) t+a.sar is Form 7016 trot 240913108 UNIFORM COVENANTS. Bortowtt end Lender concoct and agree es follows: 1. Payment o! Prtuclpal, Intemt, Eeeeow Ilema, Prepayment Charge, and Lte Charge. Bortowtt shell pay rotten due the principal of, end interest on, the debt evidenced by the Note end mry Prepayment charges end late charge due ands the Note. Bortowtt shall also pay funds far Escrow [terra pursuant to SexUon 3. Paymenu due under the Note and this Security Instrttmcnl shell be made in U.S. currency. liowevs, if my chink or other iustn®ent received by Lender as payment under the Note or this Security Insntanent is resumed to Lender unpaid, l.atdtt rosy require that any or ell subsequ®t psymmu due under the Note end this Stxurity Instrument be made iv one or rrtme of the following tomes, u selected by lads: (e) cash: (b) money order: (c) txttifiod check. bank check, heasurers check or cashiers check provided any such check is drawn upon en insUNUon whose deproiu are inswed by a federd agency. iasuumenulity, or entity; or (d) Electronic Funds Trensftt. Paymenu are deemed raxived by Lender when received et the bcetion designated in Use Nom or al stuh other location as may be dnignated by Lender N accordance wills the notice provisituu in Sesim 15. L®der may rattan mY Payment or peAiel payment if the paypknt err pertisl payments are insu(ficiem to bring We Loan current. larder may accept anY PBYn~ or P~v Payttrau insuffcienl m bring the loan current, without waivtt of arty rights hereunds or prry'udkx to iu righu to refuse each payment a partial paymmu in We future, but l.mder is not obligated to apply such paymenu at the time such paymenu are accepted, ff each Periodic Payment is applied as of iu schtdded due date, gem Leader nerd not pay intent on unepplied fiends. Lender may hold such unepplied fiends until Borrower makes payment to bring the Loan cmrmt. [f Borrower door not do so within a reasonable period of time. Lender sfidl either appy sttc6 fiords err carom than b Brnrows. If rat apphed earlier. arch Rattta will be applied m Ure rr+d•~A:~g principal balance tmdtt the Note immediately prior to foreclosure. No olfxt or claim which Borrower might have now err in the ~ fitttrre against Lends shat) relieve Borrower form making payments due ands the Note and This Security hutrument or performing the covenents aril ytrtx:mmu secured by this Security Inshuntenl. 2. Applkubo d Paymeaq yr Peoeeeda. Except u otherwise described in this SxUtm 2, ell peymmu ~ accepted end appGsl6y l.ettda' shall be applied iv the fo0tmdog ceder of priority: (a) interest due under the Note; (b) Principal due order the Note; (c) tmamu due under Sedim 7. Such payments shall be applird to each Periedic Payment in the order in which it became due. Aay remaining amounts shag be applied fast to late chugs, second to any oths amounu due ends dtis Security Instrument, and then to reduce the principal balance of the Note. ff Lender receives a payment from Borrows for a delingtrmt Periodic Payment which includes a sufficient amount to pay any late r]tsrge due, Use payment may be applied to the ddingttent payment and the late charge. U more then one Periodic Payment is otttstattding, [.ends rosy apply any payment received Rom Bonowtt to We repayment of the Periodic Peymenu if; and to the eMenl that, each payment can tie paid in fell. To the extent Wet any excess exists after the payment is applied to the full payment of one err more Periodic Payments, such excess may tie applied to any late chazga due. Voluntary prepeymenu stall be applied fast to enY pteprymmt charges end then u described in the Note. j Any applicatirm of payments, insurance proceeds, tr INisceBertwus Proceeds to principal due tmrls the Note shall not extend or postpene the due desk, or change 14e amount, of the Periodic Paymmu. 3. Funds for F..crvw (terror Bortowtt shall pry to Lends on the dry Periodic Payments ue due under the Note, until the Note is paid in Cull, a stmt (the 'Fumis") to provide for payment d' emonnu due for: (e) axes end assessments and olhe itmms which cm attain priority ovs This Security Irrswment es a lien or mctanbrence on Use Property; (b) leesehdd payvunu or grotmd renu on rho Property. if say; (c) Premiums For any and all insurance required by Lender tinder Section 5: aril (d) Mortgage Insurance premiums, if wy, err eny sums payable 6y Borrows to l.mdtt in lieu of the peyrrtent of Mortgage tnatuance premitmta in accordance with the provisiotm of Section 10. 'prose itetm see celled 'Escow Items.' At nriginetion or at any ~ time dtuing the term of the Loan, Lender may regtdre that Ctmuntuuty Association Dues, Poeq and t~ije+lW lmuyl rq./au Formlota 7A7 240913108 Assessments, if any, be escrowed by Borrower, end such dues, tees and assessmenu shall !x m Escrow ]tem. Borrower stall promptly famish to Lerch all notices of amounu to be paid under this Section. Borrower slu8 pay leads tlx Funds Cor Escrow Items unless I.endtt waives Borrowers obligation to pay the Funds for say a ell Hscrow Items. Lender mry waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items et my time. Any such waiver may only be in writing. In the event of such waiver, Borrower shell pay dvec0y, tvhen end where. payable, the emotmU due for my Escrow Items far which payment of Ftmds hen been waived by l.mds and, if I.ende requ'ues, she0 furnish to Lender receipu evidencing such payment within such sine period es lender mry requve. Borrower's obligation to make such paymenu and to provide re«ipu shell for all pttrposr;s be deemed to be a coveuant end agreement contained in this Sxurity hentnrten~ e, the phrase 'covenant and agreet>rmt' is teed m Section 9. B Bortowtt u obligated to pay Escrow Items directly, pursuant to a waiver, and Borrows fait fo pay the amount due for an Escrow Item, ~ Lends may exorcise iu riglns under Section 9 and pay suds amowl and Borrower shall then be abligeled under Beeline 9 to repry to Lender my such amoum. Lender may revoke the weivs as to my or all Escrow ~ Iterre at airy Ume by a notice given in accordance with Section IS and, upon such revocation, Aorrowtt sball Pay k lender all Funds, end N suds amounu, that ere then required under this Scetion 3. lender may, st any Woe, rolled sad hold Funds in en emaunt (e) sufficient to pemdl Lender to ePPIY the Funds at the time apxified under RESPA, and (b) not to exceed the maximum amount a lends can ~ require under RESPA Lender shall eAimete the amount of Funds due on the basis of carters ilea and reesonelrle estimates of expendittves of Pohue Escrow (terns or otherwix in accordance wills Applicable Law. ~ The Fiends shall be held in m institution whoa deposits ere insured by a ttxiaal agency, iaatrvmmtality, or entity (including !.coder, if [.order is en iastitrrtiw whose deposits ere so imtaed) or in any Fedssl Home ' loan Bank. Lends shell apply else Funds to pry the Escrow Items no lacer then the time spxifial under RESPA. Lendtt shill not charge Borrower for holding and aPP1Yk8 the Fonda, annually analysing the ~ escrow eceoun~ or wxil'ying the Escrow stems, tmlesa [.coda pays Bonowtt interest ov the Ftntds end Applicable Lew permiu Lendtt to make such a rouge. Unless en agreement is made in writing or Applicable law requires interest to be paid on the Funds, Lends shall sot be required a pay Borrows eny interest or ~ earnings ten the Ftmds. Borrows nil !.ends can agree in writing, howevs, that interrsl shall be paid on the Funds. Leads shall give [o Borrows, wilhom charge, m annual accounting of the Fundy u required by RESPA. U there is a surplus of Funds held in exrow, a defined ttndtt RESPA, !.ends shall cantors to Barrows for Use excess Rinds in atxxxdence with RESPA. If these is a slxa7ege of Funds held in exrow, as tkfincd tends RESPA, Lends shell notify Borrows ss regttirod by RESPA, end Borrowtt shall pay to I ends Ure amount necessary to make uP the shoAage in accordance with RESPA, but N no more than 12 monddy paymenu. [f Urere is a deficiency of Funds held in tssow, es defined ands RESPA, l.ertds shall ' notify Borrowtt as required 6y RESPA, aril Borrows shall pay to I.endo the amount necessary to make up the deficiency in accordance with RESPA, but in no more than I2 mouthy paymmu. Upon payment in Rill of ell auw secnrod by this Sorority lnstrtanent, Lends shell promptly refimd m Borrows my Funds heW by Lender. 4. Charges: IJeea Bortowa shell psy all razes, assessmeeds, chugs. tines, and impositiaos ~ atlributabk to We Propary which can attain priority ova this Security InsWmeat, leasehold pryvreou err grossed rents on the Property, if any, and Community Association Dues, Fea, and Assasnenu, if any, To the extent That these items aze Escrow Items, Borrows shall pry them in the morns provided in Section 3. Borrows shell Promptly discharge any lien which has priority ovs this Security Instrtanent unless ~ Borrows: (e) agras in writing to the payment of the obligation sectveQ by the lien in a manner acceptable to Lender, but only so long u Borrowtt is performing such agreement; (b) contesu the lien in good faith by, or ddends ageiml enforcement of the Gm sty legal proceedingy which in tenders opwon opsete to ~: ~e(U) Wads) pppsats Form 1076 7101 240913108 prevent the enforcemrnl of the lien while those proceedings sin pausing, but only until such procoediugs aze conclded; or (c) secures from the holder of the Grn ®egrcercerornt satisfactory ro Leads aubordioeting the Grn to this Security lnstrttmari. V Lender ddermioe that arty part of Ute Property is subject to s Gw which can attain priority ova this Security latitrmnmt, 1 atsk+ may give Bortowa a notice idenutying the Ern. Within 10 days of the desk on which that notice is given, Borrows shall satisfy the Gen or take one or mom of the actions sd forth above in this Section 4. Lends may mquirc Bmrower ro pay B one-time charge Car s reel estate tax vaificatiort and/or reporting service used by I.+°nder i¢ connection with this loan. S. Property Insnrenca Borrows shall keep Ure improveme¢u now adstr¢g er haeefter erected on the Property iast¢ed against ktss by fue, bawds included within the tartt'exteaded coverage' ed arty olhs hazards including, but not I'united to, earthquakes add floods, for which ].coda inquires iasmence This insurance shall be maintained i¢ the emounle (inchxling deduaibk levels) ad for the periods that Lender require. Whet L+.mds requires pursues[ to the preceding srntrnw can changer during the tam of the Loin. The insurance currier providing the inwence shall be choxn by Borrows subject ro [.errds's right ro disapprove Borrower's choice. witir2l right shell not be exauised m «*~•bly. ].mils may trquire Borrower ro pay, in oonrccUon with this Loco, eiWs: (s) a ono-fime charge for flood zone detertainaUoq certification and tracking services; or (b) a one-time charge for flail zone determination and certification services and subsequent charges each time remappiags s similar cheages ocerv which rrasarnbly might affta such detcmtination or certifiratim. Borrower shell also be responsible for the paymml of any fep imposed by the Federal Finagawy Menegemml Agatcy in cotmectrort with the review of any Oood zone ddsmimtion [exulting from an objtraio¢ by Borrows. U 13orrowa fails ro maintain any of the wvenga described above, Leda may obtain iawaarrce covaege, at Lendds option and Borrowds expeate. Leda is ands no obligatim to purchase any particular type a amaum of coverage. Thsefoin, such coverage shall coves I.enda, but might a might not protst Borrows, Borrower's equity is the Property, or the ca¢tmts of the Property, against any risk, bawd w liabitiry ad might provide greeter or lesser covaege than was previousty in effect. Borrows eclorowledgea that the cost of the msrasrrea covengc so obtained might significantly orcoed the cost of insuance the] Borrower could have obtained. Any amormU disbursed by [.ends under This Section 5 shall become dditional deW of Borrows secured by this Security hutrraornL Tbese amounts sha0 beer interest et the Nok rate from the date of disbursement ed shill be payable, with such interest, upon notiu from Lads to Bonowa requesting Payment. All insmmce policies required by Lama and ratewels of such policin shall be eubjoct to Leader's i rigW to disapprove such pdicie, shall inchde a aedard mortgage clause, and shall creme Lcnda s9 mortgagee endlor es m eddiUoae! loss payee. Leda stall have the right ro hold the policies cad renewal certificate. V Lends inquires, Borrows stall prrnrpUy give to I.rnda all receipU o[ paid premiums and ' trnewal notices. U Borrows obtains soy form of insurance coverage, not oUterwise required by Leda, for damage to, or destruction of, the Property, such policy shall include a slenderd mortgage clause ed shall rtatne Leda es mortgagee ends es m additional loss paym. k Ute event of loss. Barrows shell give prompt ¢otitx ro Ux inauetrce artier ad Leder. Lerida may I maker proof of loss if not nude promptly by Borrower. Unltxs I.rnds ed Borrows oUwwise agree i¢ writing, any insurance proceeds, whelps err ¢ol the underlying ins+aarrce was required by Lads. shall be eppGed ro restoration s repan of the Property, if the restontioa a repay is «wnaniesuy feasibk and I.rnders security is not lessrned During such repair and restsetlan period, I.eoder shall have the right ro hold such insurertce proceeds until Lender has hd en opportunity ro inspoc[ srrrh Prgwty ro atsurc tsrc work fus barn completed W Lender's satisfactitxt, Provided that arch inspection shall be udertakrn promptly. [.ender may disbrrrse proceeds for the repaus aril rrstarstim iu a single payment or in a series of progress payments ss the work is cornplded. Unless en egroement is reds N writing or Applicable Law ' ~. ~ P I~{Ial tmosl va.ad+s Pormsota trot 240913108 requues interet ro be paid on such insaerrce prooeeds, Lender shell dot be inquired to pay Borrows any inleresl or earnings on such proceeds. Fen for public djrtstas, or other third parties. retained by Borrows shell not be paid ore of the insaance proceeds Bind shell be the sole obligation of Boroows. V the restoration or repair is nm ecwtmticelly feasible tx' Lendds security would lx learned, the insurance proceeds shs116e applied to the sums secured by tltis Scetnity Inatrumrnt, whelps or not then due, with the excess, if arty, Paid to Bortowa. Such innrrence proceeds shill be eppGed i¢ the order provided for in SxUon 2, U Borrows abenda¢s the f'ropaty, Lender may file, negmiak and setle any available ursumnce claim end inleled vutters. U Dotrower don not rrspotd within 30 days to a notice from Lends that the insurance urtia has offered ro settle a claim, thrn Lends may negotiate end sd0e the claim. The 30-day period will begin what the notice is given. In either evrnt, or U l.rnder ergrrirn the Propery ands Section 22 or otherwise, Bortowa hereby essigm to Lends (a) Borrower's rights to any htsuraoce procxds k en anoint not ro excel Ute amounts wpaid ands the Note or Utis Searity lastnnrrrnl, end (b) arts' oUrer of Borrower's tights (outs than the right ro any refund of uneerrted premiums paid by Borrows) undo alt inswence policies covering the Property, insofar es such rights are applicable to the coverage of the Property. bender tiny use We insurance proceeds eilhs to repay or restoin Utc Property or ro pay amounts mgteid under We Nile s this Security instrrmtent, whether s not thrn due. 6.Oeenpaney. Borrows shall occupy, establish, end use the Property es Dortower's principal reidrnce wiUritt 60 days efts the acecuUrn of this Security Inshrrmrnt rnd shall continue to occupy Ne Property es Borrorve>'s principal residence Cor at least one year efia Ure date of oceupartry, unless [.ends otherwise agree in writing. which mnseot shell trot be unreaso¢ably withheld, or mt]ess extrnuating c¢cumstences exist which sin beyond Borrower's control. 7. Prnervatbs, Meleteaartea and Protection of lbe Prepeety; IaapeeHovs 13onowa sha0 not destroy, damage a impair the Property, Blow the Property ro deteriorate a commit waste on the Property. Wheths s not Borrows is residing k the Property, Borrows shall maintain the Property N ads to prevent Ne Property from dderionting a derteasing in value due to its condiUm. Unless it is dderorind pursuant to SecGm 5 that repair or reatonda¢ is trot economically feasible, Bortower shell promptly repair the Property if damaged to avoid tuAta dettrioration s damage. U inacance or condernrtatirn proceeds are paid in cotmection with darnege ro, s the taking of, the Property, Borrows shed tie resportsbk for repeuing s restoring the Property anty V f.ender hu released proceeds for such proposes. Lender may di~urx proceeds for the regain ed tesloretion in s single peyrttrnt err i¢ a series of progress paymrnts u the work is completed. U the insurance or condenmetion proceeds arc trot sufficirnt to repair err restore the Property, Borrows is not relieved of Bortowds obligation for the canp~dio¢ of such repair or restsslim. [.ceder or its agent may mike rrsmnabk entries upon sad inspections of the Property. U it has reasonable nux, Lends mry inspect the interior of the improvernrnu an the Property. Lards shall give Borrows notice al the time of a prior to such an intsior inspection specifying such reewnable ceute. & llorrotver'a Loco AppBeatkn, t3orrows shall ba m default if, during the Loe¢ implication process, Borrows s any persons m entities ding et the diroctian of Bortowa or with Bortowe~s lmowledge or consent gave materially [else, misleding, m ineccurete in(ormetion or statements ro Larder (or fend to provide Lrndyr with materiel information) in mnrocUon with the Loea Material reprrsrnlations include. bin sin dot Garited to, represrntatro¢s aoucaning Horrowds oceupenq of the Property ss t3orrowds principal residence. 9. Protectbe of Leoder'r Interert le the Property and P:ighb Udder tblr Seerrky f¢etrutneat V (e) Borrows fails to perkrm the covene¢ts end egreanents conuirtd vt This Security lnstrrunrnt. (b) rhea is e legal proceeding Uul might significaoUy offal ].colds intsea in Ure Property and/or rights rinds Uris Security [nstrvmrnt (atclt as s proceeding in benkruptq, probek, for condemnation or forfeiture, for enforeemerrl of a Gat which may attain priority ova this 9ecuriry Insvumrnt or to enforce laws or ingdalia¢s), err (c) Borrows has abandotrd the Propsty, thm bends may do end pry fur whetevs is euen. ~~OAI peasr v.a.ra+s Famaetl 7Nt 240813108 «asoneble or appropriate to protect Ladds interest in the Property and rights ands Oils Security InsWmmt, including protesting endlor assessing gte value of the Property. and sesuring and/or repairing the Property. Lender's actions can irxJudq but are not limited to: (e) peyio8 any sums securrA by a lien which liras priority over This Sac,nity butrutneut; (b) appearing in corral; and (c) paying reasonable attorneys' tees to protect ip interest in the Property aud/or righb ends Otis Seslaity Inshrment, including iU sacred position m e benkntptry procosding. Securing the Property includes, but is not limited to, entering Ure Property to make repairs, change locks, replan err board up doors and windows, drain wale from pipes, elirmnate building or other code violations a dangerous cmdidoat, eld have utilities tamed oa or off. Although Leader may take actin under Utis Section 9, Linda does not have to do so and is test under any duty a obhgatim to do so. It is egrad that Lender incurs no Debility for not taking any or ell actions authorized ends this Section 9. Any amounts disbursed by Lends under this Section 9 shall become additional debt of Borrower sesltred by Chia Security Instrument. Thex annuals shall bear ialtn'esl et the Note rate from Ute date of disbmsemrnt and shag be payable, with such interest, upon notice from Lards to $orrower requesting Prymmt. It this Security levtrument is m a leasehold, Borrower shall comply with a9 the provisions of U,e leax. U Borrower acgttires fee gUe to the Property, ilia leasehold and the fee title shay not merge milers Lends agrees to the mega is writing, 10. Mortgage Inaunoet. Y Larder regttired Mortgage Lrsuraace m s condition of making Ute [.oan, Borrows shall pay the premitmu required to rnamLLio the Mortgage Insurertce io effect. if for arty reason, the Mortgage Insuance coverage required by Lender eeares b be available Eisen the mortgage creates that previously providal such insurance cad garners was required to make separately desigtuted Payments toward the premiums for Mortgage Insruartoe, Borrows shall pry the praeiums reglrrred to obtain coverage substantially equivalent to Ne Mortgage Insurance previously in effect, el a cost substantially equivalent to the cost to Borrows of the Martgege Insrueoce previously in effea, Front ®ilternete roortga8e corms xlecled by Lender. If substemiilly equivilenl Mortgage )awance coverage is rat available, Borrower shall continue to pay to Lender the amamt of the separately designued peyteeals that were due when the insurance coverage ceaxd to be in effect Lads will eotx:pt, ux cod retain these payments es a non-rcftmdablc loos reserve in lien of Mortgage fowrrance. Such lass reserve shell be non-refundable, notwithstanding the fact that the Lon is dtimately paid io fWl, end Lends shall rest be required to pay Borrows any intwt or eentings on such loss aserve. I.rnds can no longer require loss reserve payments if Mortgage Wmance. coverage (in the amomt end for the period that Lender requires) provided by ao inxreer xkxted by Lender again besornes aveiteble, is obuinod, and Lender toquua separately desi8natod peyroents toward the praviutns for Mortgage Irtwaanre. )< Lends required Mortgage humerce u e condition of milting Ule Loan end Borrows was rcglmcd to wke separately deagtuttod peyvtmb mwenl the premimea for Mortgage htsrnance, Borrows scull pay the premimns required to maintain Mortgage Irtsmence in effect, or mprovide anon-reftmdable loos reserve, until Lender's requirement for Mortgage Insurance ends ie eomrdmce with eery written agreement he[wcen Borrows end Lards providing for such lamination a merit temtinegm u required by Appgceble Lew. Notldng in this Sestim 10 effects Borrowds obligation to pay intaeaf et fhe rate provided in the Note. Mortgage Insma>ue rcirobraxa Linda (a soy entity Utat purchases the Note) for certain losses it may incur if l3ortows does not repay the Loan es agreed Borrows is not a party to Ure Mortgage fasurao«. Mortgage insurers evaluate their total risk m all such iruraera,e in force from time to time, end may rots into egra:ments with other parties that share or modify their risk, or reduce losses. These agremlmts are on tams end conditions Uut are satisfedory m Ute mortgage insurer and the other Party (or pmties) m these agreements. Thex agccemenls may regttirc the mortgage imrus b make peyetenb using say source of funds that the mortgage Insurer may have available (which may include ftmtb obtained from Mortgage hrsurence premiums). As a result of !hex agreements, Lender, arty purchaxr of We Note, another insurer, my reinsorer, my other entity, or any e151iate of any of the Csegoing, may roceive (dirccgy or indirectly) wounts that derive from (or might be chswerized ea) a portion of Borrowds. payments for Mortgage lawuarlce, in exchange for sharing or atalifying the rtuxtgage insurer's' risk, or reducing losses. I[ such agreement provides that an ~~ ~~P t~+luq moost ny.aa,s Fmmwii trot 240913108 efliliatc of Lrnder takes a share of the insutefs risk in exchmge for s share of the ptaniums paid to the insurer, the artangematt is often lerared "captive ninaurartce." FuAher. (p Any such a8reemeote x81 ant arted the asoomta that Borrower lies agreed to pay [or Mortgage Iesunmee, or soy other terms of the Loan. Such agreements w16 not Inercsee the amount Borrower wIU owe for Mortgage Ieeurancc, and they wig not eetitk Borrower b soy reNod. (b) Any such agrcemeets wW not affect the rl8hb Borrower hu - U soy - wlt4 respell to ilia Mortgage Insurance under the Hoereownen Protectbe AN of 1998 or soy other law. These rlghp may leelude the right b receNa certain dbdoseres, to regaa/ soil obtain caneellatbe of the Mortgage lomrance, to have the Mortgage leaurassee fetminated aulomatleslly, aadlor to seeeWe a reload of any Mortgage lesursnee ptemlams that were ueeaeesd at the time of soc6 eseceBatbe or tetminatbm Il. Aglgemeet of M4txgabcone Proaeda; ForfeBurc. All Misrxgeneout Pentads ere hereby assi~ed to end shell be paid b l.alds. If the Property is dmnsged, such Mixellmeous Proceeds shell lie applied to restaaGm a repair of the Property, if Ute resltxetim or repau is esonarnically feasible and l.ardds aectoity is eo[ lessened. During still repay and restoration period, Caller shall 6eve the right to bold such Miscellerlesus Proceeds unlit [.ender has had rot apporttmity b irtspoer rude Property b ensure the work has ban campletal to I.mder's i satisf'acliarJ, provided that such inglxtion shell be rmdeMken pmulpgy. I.rnds may Pay for the repairs and restoration in a single disbmsem®t or in a stria of progress payments as Urc work is completed. Unless an agreement is made in writing or Applicable Lew requires interest to be paid m such Miscellaneous Proceeds, ~ Lends shell nW be required b pay Borrows arty interest or eemings m such Miscellaneous Protxeda. ff the restatation or repair is not ecwaoically feasible or I.endde seaaity would be lessened, the Miscellmeous Proceeds shill lk applied to the soma soured by tins Security Innnmralt. whether a not then due, with the excess, if arty, Paid to Btxrows. Such MisrxJlmreous Proceeds ahil) be applied b the order provided for in Section 2. In the event oC a toW liking, desWctitxl, or loss in value of the Property, the Miscellmeous Proceeds ' shall be applied to the srm>.s secured by this Swuity lnetrrnrtert6 whether err trot then due, with the excess, if any, paid to Borrows. N the event of a pertiil Wciog, tlesWCtior4 or loss in value of the Property in which the fey market value of Ule Property immediately before the partial taking, destrtrctim, or loss in viltm is equal to or greater then the amount of the aorta secured by this Security Instrwrtent immediately bdore We partial faking, deshvctim, or toss is value, enders Barrows mtd Leader otherwix agree is writing, the stone secured by tins Security Insvurnmt aha9 be reduced by the arnourd of the Miacellelreous Proceerts multiplied by d,c following fracti/m: (a) the tool anoint of the sums sword iwnedietely before the partiil taking, destitrction, i a loss w value divided by (b) the fair market value o[ the Property immediately before the perdil taking, dtstructioq or loss io vaue. Arty balance shall be paid to Borrower. N the even of a partiil taking destritctioe, a loss in value of the Property in which the fair oterket value of the Properly immediately before gee partial taking, destnrction, or loss in value is less then the arrtoturt of the stuns secured immodiatey befiue the partial !tilting, demtrctioa or loss in vane, unless Borrows and Lends othawix egrx ro writing, the Miaeellmeow Proceeds shall be applied to the sums secured by Otis Security instrument rvht:lha or not the sums are then due. ff the Property is ebendoned by Borrows, or ii; after rtdice by Linda m Borrower that the l)pposiag Party (u defined in gte next xntmce) offers to make en award to settle s claim for damage, Borrows fails to respond to I.ertds within 30 drys ego the date the room is given, I.cnda is authorize! to coital and apply the Miscollenesru Proooeds either to restoration or repair of the Property or to the awns sauced by Otis Security hatrrwml, whether or not then due. 'Opposing Party' mean the thud party Ibat owes Borrower Miscellaneous Proceeds or the party ageinvl whom Bortower has a right oC action in regard to Miscellancolls Proceedr. Borrower shall be in tlel'adt if arty acgm or proceeding, whether civil or aimina, is begun gut, is [.eods's judgment caUd result in Corfeiture of the Property or other material impairment of Lendds interest m the Property or rights under This Security Instrument Borrower ten cure such s default end, if accelaetion liar occurred, reinstate as provided in Salim 19, by raruiag gte action or procceding to be dismissed with a roling that, is I.mder'a judgment, procludp foddture of the Property or other maraca impairnteat of Lenders interest in the Property err rights tads this Sanity htstrurnent. The proceeds of any award to claim {MI roma Pysad 16 Ha.a: Poml sore trot 240913108 for damages that are attribuuble to the irrtpairrrtent of I.wdds interest iu the Properly ere hereby assigned .end shell do paid to Lender. All Misallancon Proooods that arc na applied to resmraum or repair of Ou Property shall be applied in the order provided fa N SoUion 2. ' I2 Borrower Not Retwed; Forbearaaca Hy LeaderNot • Wahcr. Extensico of the time for peymrnl or modification of amortizelion of the sums secured by this Seemity Inslnmtertt granted by !.coder to Borrows or any Successor in Interest of Borrower shall not aperete m relax the Gebifiry o[ Borrows or mY Successors in Interest of Borrower. I.ersder shall not be required to carunence proceedings agatnsl arty Successor in Interest oC Borrower a to refine to edend lime for payment er atterwise modify emluti7ahan of the sums scetnal by Utis 3everiry Instrument by reason of arty demand made by the origirul Borrower or say Successors in (ntsest of Bortowa. Any forbearmca by Lender io exercising any right m r®cdy including, wiOtou limitation, Lender's acceptance of psymenu linen third person, entities or Successors N interest of Bortowa or in emowU Iw then the emamt Then due, shell cent be a waiver of or prectttdc the exercise of any right m remedy. 17. Joint acrd Several bWty; Co-algnen; Suceeaaon cad Auigoa Bound. Bortowa covenants end agrees that Barrowda obligation and liability sbatl be join) sod severs. However, any Borrower who co-sign this Sectnity htstrwnenl ba tfoa rte atxule the Note (a •co-sigtta'): (a) is rxt-signing this 3tsrariry htstrumeut only to mortgage, greN and convey the co-signds interest in the Property tads the tams of Ibis Security Instrument; (b) is na personally obligued to pay the stun aecttred by this Sxtriry Irtstrtrvtent; end (c) agrees that (.ends and my other Barrows can aka W extend, modify, faabear or make any eccommodauon with regard m the tams of Ibis Seaairy htsWmenl a the Note without Ose tx>•sigrtds cOR9enL' Subject to the provision of Section I8, arty Sttccessa in Lttaest of Bortows who asswa Bortowds obligations order this Severity Instrwnent in writing, end is approved by Larder, shell obtain ell of Borrowds rights end benefiu ands Otis Security Instrument. Bortows shill cwt be released from Borrowds obligations and liability tender Ous Stxnrity Instntmmt ttdesa Lends agron to stub refuse in writing The covenanu soil agreements of this Sorority Insntenent shell bind (exexpt as provided in Section 20) end benefit I~ sins and aasigty of Leader. 14. loan Charges. Lender may charge Bortowa tea fa asviw pcfamed w twmseslion with Borrowds defeat!, far Ote propose of protecting I,endds inters! in the Property and rights rods this Security Ittstntment, incltrtJing, ben trot limited to, attorneys' fed, Property inspection end valuation feu. N regard to airy oilts fees, the abseaa of express authority io Otis Security htstrumertt w Chage a specific fee Io 13ortows shall nor be construed n a prohibition o0 16e charging of such fce. Lends may not charge foes that are expressly ~rohibitcd by this Sceuity hrstrunsertt err by Applcable Law. If the Lom a subject to ^ law which sets mattimtw loan charges, cad thU law is fituUy interpreted sa that the interest err other tom charges colkctcd or to be collected in oonnection with tlu Loan exceed the permitted limits, Otrn: (a) arty sub ban charge shall be redltced by the amount rtceessery to rcdtue the chergc to the permitted limit; and (b) arty sans aheady collceted tram Borrouxr which excoodod permitted limits will be refwded to Bortowa. Lends may choose to make Otis refiutd by reducing the principal owed ands the Note err by nuking s sires peyrrxat to 13arowa. u a refund rtsdtrcas principal, Ote reduction will be treated v e partial prepeytnent without mY prepaymaa charge (whether ~ not a prepayment charge is provided for order the Nae).13orrowds ecetpunce of srry stub refuel made by direct peymau to Barowa will corLSlitttk a waiver of any right of action Barrows ought have arising out of such overcharge, IS. Notices. All rmticd given by Borrows a Larder in connection with Ibis Saatrity Instrtucent maul be at writing. Any notice to Bortolver in conrtectiw with this Soctnity hutmm~t shall be deerned m have ban given b Borrower when trtadad 6y first class mail or when acttuity delivered W Borrower's notice eddrest it scat by other mean. Notice to any otu Borrows shall wnslittde mice m all Bmrowrn unlds Applicable Law expressly require oWerwise. The tmtiee address shell be the Property Address unless Borrows has ddignaled a substitute tatia address by notice to Lefler. Barowa dull promptly notify Lends of Bortowds rhmge of sddress. If Leda spt:cifid s procedtao fa reporting Borrower's change of address. then &xrower shall only report a chmge of address Ouw,gh that specified procedure. These mry be only one designated noice et7dress larder Otis Sanity InsrumeN et anY one time. Any notice w tends shill M given by delivering it a by mailing it by first class mail to l.enda's eddrev stated Itereio rudest Leader hn designated moths address by anus to Borrows. Any notice in cameGiw`,with this Sanity Invinunrnl ~. C ~~lul Nom! car u a is Fain 7070 7101 240913108 shall not be deemed to have been given to I.en~r wtil actually received by !.ender. U arty notice required by this Sceuriry Instrument is also required order Applicable law, the Applicable Law requirement will satisfy the corresponding requirement ttoder this Security htslrumat. 16. Goveening Gw; 3everabOky; RYlea of t:OnatroMlon. Thl9 Security htatmtllenl 911a11 be governed by foderel Isw end the law of the jtrrisdiU~n in which the Property is located All rigbts and obligations conUinod N Usis Scctniry Instrtunent are subject to arty requiremrntt and limitation of Applicable Lew. Applicable Lew aught explici0y s implicitly elbw the parties to agree by contract a it might be silu4 but such silence shall not be coostrsred es s prohibition sgainst egrcement by wnlraU. In the event that my provision err clause of Osis Seauiry Instrument a the Note cat0icu with Applicable Law, such conOiU shall trot iffeG olhs provitious of this Sxuity Intrt®ertt a the Notc which cm be given cffest without the conOiUing provision. As used in this Security htstrsmxnt: (a) roast of the ronsctiline gender shall mein end include concffradittg nveter wads tr wordy of the featinine gender, (b) words in the singular shell mean and include the plural and vice vase; and (c) the word "may" gives sole discretion without my obligation to lake any ectian 17. Borrower's Copy. Borrows shell be given one ogry of Ore Note end of this Security lactrumrnt. 1& Transfer of the Property or a Benefielel Inkrat lu Borrower. As rand in this Seuicn 18, 'Inleresl in the Property" mean my legal or beneficial interest in the Property, including, but not limited to, !hose beneficial interests transferred m a bond fa dad, contras for deed, insrallmmt seta contract or escrow egruattent, the intent of which is Ote trmafa of title by Barowa at a futttre date to a pttrcheser. If ell err my'pert of the Property a any Interest io the Property is sold or Iransfined (or if Borrower is cwt a natural person and a bene0cid interest in Borrower is Bold a tretuferted) vtilhom I.endds prior written consent, Leader may require immediate payment in full of all sums sectaed by this Sectairy Instnunent. However, Oils option shall na be exercised by Lends if such exercise is prohibited by Applicable Lew. If Lender exerciser this option, Lender dull give Borrower notice of acceleration The notice shat( provide a period of not Itm then )0 drys Oorn the date the nai¢ is gives in atxordma with Secion IS within which Borrower must pay VI sums seraaed by this Socwiry Irtstrumenl if Borrower fails to pay these sums prior to Ute etgriration of tlda period, Lends may invoke my rernslid pernvOed by this Security Instrument without fiuther rtolice tic dtartnod on Boriowa. 19, Borrower's Right to Rehutate ABer Acedentbn. U Borrows mess certain conditiotu, Barowa shell have the right m have txtfarcentent of this Security Instrtratent dixantintxd et say lime prior to the earliest of (a) five days before sale of the Properly ptusuent to any power of sak contained m this Sauriry la+trsmtdng (b) such oOur period ea Applicable Law might specify for the terminaziotr of Beerowds right to reinstate; err (c) entry of a jitdgrvent enforcing this 3axuiry Instrtonenl. Those csttJiuons ale that 8mrower: (a) Pays Lender all smru wttich thrn would be due order this Severity Inshtmtent and the Nole u if no eecelsetion had ocetrned; (b) cures any default of arty tsOta covenmu or agreements; (e) Pays all expenses incturcd in enforcing Otis Straniry Instrument, including, ba not limited to, reasooeble anomeys' fed, Property inspoclion sail valuation fees, end other fee incurred for the purpox of protesting I.ertdds intVGal in the Property and rghu ruder this Secttriry Inttrrunertt: end (d) talcs such serion u Larder may reaaaubly rtquirc b assure that l.mtJer's interest in the Propcny end sights undo Nis Security Instrument. end Harowde obligsOtm m pay the inn secured by this Seewiry htstrurttertt, shall continue unchanged. Lends mry require that Borrows pay such reinslaternent sums and expenses in one a mere of the following ' forms. u seleUed by I.atder: (s) cash: (b) moray adc, (c) eerti6ed check bank rhesk treasurer's chock a cashids check, provided arty such chtxk is drawn upon ao irtstimtion whose dcposiLs ere instil by a tassel agency, int071menWity or entity; a (d) Electronic Fords Trmufs. Upon reittsutsnem by Bortower, this Security htstrtmtenl and obligatitma severed hereby shill remain fWly eH'ective as if no scceleretion lied ocemred. However, this right to trtinslale shell rent apply in Ou case of accelaaGon larder Sestion 18. 20. Sale of Nok; Change of Loan Servlar; Notice of Crkvtttrce. The Note a a partial intcrat in the Nae (together with this Security hrstrttmenQ can be sold au s mere rimes without prix notice to 13orrowa. ' A gale might rascal! in a change m dte entity (known v the 'Coen Service") the! co0cets Periodic Payments i now. i r~~Ml Naoet race tt a is Form 7011 U47 240913108 due under the Note artd this Security InsWment attd pedortns other mortgage lose servicing obligetiosu -under the Note, tius Security InsWment, and Applichle Law. There also might be one a more changes of the Loan Servicer usuelatcd to a sale of the Note. If thce is s rJtenge of the Loan Servitor, Borrower will be given written notice of the change which wi6 Hate the nameud eddroai of the new Loan Servicer, the address to which payments shodd be made end aeY other information RESPA requires io correction with a notice of transfer of servicing. U the Note is sold end dtereafier the I.oaa is serviced by a I.oen Servicer abet then the purchascr of the Note, the snorigage loan servicing obligations to Bortower will remain with the Ivan Servicer m be trratskrrcd to s asrcavor Loan Serviar and ere rat assumod by the Note purrltaxr udess othmvix ptovidod by the Note purchaser. Neither Borrower nor Lender troy rnmvtma, joie, a be joi«d to any judicial action (es either an individual htiganl or the member of a class) that arise fierrt the othc party's ec4ons pursuant to this Security instrument or that alleges that tire other poly Les breached any pmvisiar of, or any duty owed by reason of, this Security Instrument, until such Borrower or Linder has notified fbe other Petry (wiW euc6 notice given in rompliance wiW the requvemmis of SeGion IS) of sudt alleged breerL and afforded ibe other party hereto a reasmebk period alter the giving of such notice to (site cortective action. If Applicable Lew provides a time period which must elapse bdorc certain actin coo be taken, Ihat lime period will be deemed to be seasonable for purposes of dtis paragraph. The mils of acceleration avd appattunity to cure given to 13ortowtt ptuwmt to Section 22 and the notice of acceleration given W Borrower pursuant to Suaion 16 atte6 be deemed to satisfy the notice and opporuatity to take corrective action psovisiam of this Section 20. 21. Hazardous 8vbetaveea. As rued ie this Section 21: (a) 'Hoodoos Substances' arc Ihose wbstances defined as bile or hezerdom wbsknces, po8ulanls, or wastes by Envhwrsrattd Law and the following wbstances: gasofute, keroxno, other 8mmteble or toxic pehokrmr products, toxic pesticides and herbicides, volatile advents, materials coetainieg asbestos or farmddehyde, end radioactive materiels; (b) "EnvirotwenW Lew' nteesu federal laws and lows of the jurisdiction where the Psoperty is located that relate to health, safety or enviroturronW protection: (c) "EnviraunmW Cleanup" includes any response action, remedial action, or removal action, es defined in FnveomoenW Lew; and (d) an'EnviromnmW Condition" means a cooditioo 1hd coo caux, canirSbule to, or otitawix trigger an EeviremnmW Cleanup. Borrower shall tent cause a permit the ptesma, use, rtisposal, storage, m rdeax of soy Hazardous Substances, or threaten to release enY Hazardous Substance, on m in Ste Property. Borrower shell nor do, nor allow anyone elx to do, anything effecting the Property (e) (bat is in violstion of any EnviromnatW Law, (b) which creates m EnvironvtmW Canditoo, err (c) which, due to the presence, use, or release of a Hazasdotu Substance, aeetu a condition that adversely affoas tiro value of the Preperty. The preceding two sentences shall not aPPA' to ~ Pte, ux, or alegge ov the Ptvpary of small qumtitia of Hazardous Substances tits( are generally tewgtt'ved to be epproptiau to normal residential uses and a meietmence of rho Property (including, bW nor limited to, hazerdaus wbsuuces in consumer products). Borrower shell promptly give Leader written notice of (a) my btvesligatioq claim, demand, lawsuit a other action bP aaY goversurxnW or regulatory agency or private party involving the Property and any Hazadous Substance or Envirosutxadel Law of which Borrower has actual kmwledge, (b) any Enviro»tttmtal Coruti6aq including but rwt limited to, coy spilling, leaking, discharge, release or threat of rcleax of arty Hazardous Substavcc, and (c) any codition tweed by the presence, use or release of a Hazerdotu Substrata which adversely a1TecLt Uro value of the Property, V Borrows learns, or is noified by any govemmmW a regulatory authority, or any private party, that eery removal w other remediatim of any Hazardous Substance effecting the Property is necesssry. Borrower shall promptly inks all necessary remedial actions in accordance with EnviroruhenW Law. Nothhtg herein shell waste asry obtigetiov on Lender for an EtrvumwtmW Cleanup. ~~(W Nm» ~. T v.a° tr ere +a Form 3016 1107 240913108 NON-UNIFORM COVENANTS. Borrower end I.estdv further cevmant end agree es follows: 22. AcakraNoo; Remedka Lender shall give notice to Borrower prkr to accekntioe following BorsowerY breach d any covenant or agaaement N thb 3ecutity Ivetrument (but not prior to acceknikv radar Seetke 18 uvlna Applicable Lw provides olhenriee). The entice shall epecVy: (a) the ddauk; (b) the acton required to cure the debut(; (c) a data not leer than 30 days from the dak the entice k glum to Borrower, by whkh the defauh mud 6e cured( avd (d) the failure to cure the ddauk m or before the date apxHkd In the notke may resuM In aceekntlon of the soma aeeured by 164 9eeadty Inrtrvmeat, foteelosnrc by Judklal proccedieg and ask of the Property. The eotke eba8 Ndher inform Borrower of the right to rcimtate atkr aoodentbv avd the r1g61 to uxrl N the foreelavrc paotroeding the rrott•ezbleeee of • delavR or avy other ddeaae d Borrower to acakrrdbe aed foraelorute. V the ddauk 4 vot cured oe or 6eforc the date apectlkd N the votive, Lender at ib optbv may require Immedfste paymett N NB of sit mina aernrcd by thk 9acvrky ladrvment rrhhout Nr/6er demwd avd may foreclae tbk SeeurMy Indrvment by Jvdidd proer:ding. I.eeder eha8 be entitled m rnBect cell e~evan iseamed le parcaivg the rcmedla provided k thk Stxtke 22, Ivcladivg, but cot Umlted to, rcuonabk atmreeye' fee aed ooa6 of tltk evidence. 23. Rskaaa Upov Payment of eU wens aimed by Otis Security fastrmeent, Lcader shall release this Security htstrtmm~rt. Lender may charge Borrows a fee for rekasiug 8tis Security Instrument, but only if the fa is paid to a third perry fm aavicas serutered end the clurging of the f« is permitted under Applicable Law. 24. W Wen. Hmrower rd'mgttishq a6 right of down cod waives eU right of homestead and distributive eberc in end m tbe PtopMy. Botrowa waives ally tight of dreteptioe es to the Property. 25. HOMEBTEAD EXEMPTION WAIVER 1 UNDERSTAND THAT HOMESTEAD PROPERTY TS IN MANY CASES PROTECTED FROM THE CI.AIIH3 OF CREDITORS AND EXEMPT FROM JUDICIAL BALE; AND TNAT BY SIGNDVG THL4 MORTGAGE, I VOLUNTABH.Y GIVE DP MY RIGHT TO THIS PROTECTION FOR TIHS MORTGAGED PROPERTY W17H RESPECT TO ~LAIM9 BASED UPON TFH3 MORTGAGE. De1R BO,IONQ Due Date 6aroww Dee ~^~~ Data Borrower Date Dorcawer Dne Barrows Date t~agA);ostar rMr.tsdta Formlata 1A1 240913108 26. Redemptbe Pedal. ff the Property is less theo 10 acres in sin and lender waives in atry foreclosure proeeading my tight b s de5ciency judgment ttgeinsl Borrower, the period of mdempGon trom judicial sale shell lte reduced to 6 tttonths. Q t~ couA lu,ds that the Property has beau abandoned by Borrower end [.order waive any right to s deficiency judgment against Borrower, the period of ted®ptioa from judicial sale shall be reduced b 60 days. The provisions of this Section 26 shell be construed to conform to the provision of Section 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE BEAD CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARS ENFORCEABLE. NO OTHEB TERMS OR ORAL PROMISES NOT CONTAINED RY THIS WRtlTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNMG BELOW, Borrows accepts and agrees b the terms and aovcnenfs contained in this Sceutity lnstrrutttstt and in .ny Rider executed by Borrower sod rooorded with it. Witnesses: ~~.. ~) ESViti JLNG .tr4,o»a (~) (Seal) •Bcmwar (Seel) -Ha,oxv (~) (~) •(ta110NQ -tlanowc (Seal) (Seal) -Borronc •I3umwv ~{IW rennet Paa.,~d,s F,xm10/0 UD7 ~/ ~ 240913108 STATE OF IOWA, R/~ti ~~Coonty sa: tht this (~ ~' day of 0lilfJ6ew. r L a+o i .before me, a Notary Puhlic in dte Sate of Iowa, 1p CE~r1t1 app arod 0. ~tma,~.. - b me personally (mown to be the person(s) caned in and who executed the foregoing insntunent, artd acknowledged that hdshehbry executed the same es ttisArerhhe'v voluntary act end deed My Cormttissicn Fxpirts: (~LS~ay //// ~i_ ~~ ~ / -'' - yn N~ Public in ud f aid Caue7 d StNe ~ ~~ DEAN SCHgUF ~ Comrrdssbn Na ~' Canmhstso Pip. r~:L'2 +IW tmo0 ~~ ` )1 aa.,se,s V~ `,(t / trotm care Prot IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY NATIONSTAR MORTGAGE LLC, Plaintiff, No. v. KEVIN JEROME POTTER, et al., Defendants. CERTIFICATE FOR ATTORNEYS FEES CERTIFICATE UNDER PENALTY OF PERJURY Under penalty of perjury and pursuant to the laws of the State of Iowa, I certify that I am the attorney for the plaintiff in this matter, and that there is and has not been any agreement, express or implied, for any division or sharing of the fee to be taxed in this matter, other than is permitted by §625.24, the Code. I further state that defendants had notice and reasonable opportunity to pay the debt which is the suJxf~ect of this action prior to the commencement of this action. J. Kutner, 9/5/08 This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose.