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Claim by Wells Fargo Bank et alIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE ~'~3/J ~ ~~ ~'`~T7 l 3 CASE NO , . Plaintiff, ORIGINAL NOTICE cs C) co L : r ~ -~ ;~ RONDA GARNER, SPOUSE OF RONDA _~? ~~' ° ---~ ~7 GARNER, CITY OF DUBUQUE, AND _~ % `'' ~ _ PARTIES IN POSSESSION ~' ~ , -- Y- .. ~~: Defendants. ~t~ u' ~'° TO THE ABOVE-NAMED DEFENDANT(S): (~ ~ "~-~ ~~ ~~~. ~~ ~ ~~ You are notified that a Petition has been filed in the office of the Clerk of this Court, naming you as a Defendant in this action. A copy of the Petition (and any documents filed with it) are attached to this notice. The attorney for the Plaintiff is Brian G. Sayer of the law firm of Dunakey & Klatt, P.C., whose address is 531 Commercial St., Suite 250, P.O. Box 2363, Waterloo, Iowa 50704. That attorney's phone number is (319) 232-3304; facsimile number (319) 232-3639. 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 Dubuque County, at the Dubuque 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 court because of a disability, immediately call your district ADA coordinator at 563-589-4433. (If you are hearing impaired call Relay Iowa TTY (800) 735-2942). ~' l'-`~ Clerk of Court Dubuque County Courthouse Dubuque, Iowa IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. If assistance of auxiliary aids ar services is required ~ participate in court due to a c:is2biiity scach as hearing Iran<.i:"G;s. '~~'~~l?;'`-.s+le(^..t'nS`?l;i`~~''l~~~"il~!?^CQt^rd9natQf ?!' ~ ~ i c f ' . , :'.. tr ;'0;! ~(P ! t r',:'~;r; tea r t ~ i ?; (i~/ tF..lephOnB rLlay ~e~~c:: ~, c::~ ,=:eia~ ?o'~ra ~ ~Y ~i i -F~~V-135-2942. IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, vs. RONDA GARNER, SPOUSE OF RONDA GARNER, CITY OF DUBUQUE, AND PARTIES IN POSSESSION, Defendants. .- , O13~/ CASE NO. haw o~ ~ 7 i3 ~ . . FORECLOSURE PETITI`(JN '= f ... _.> .,, 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 SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS AONE-FAMILY OR TWO- FAMILYDWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE, BUT NOT AONE-FAMILY ORTWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW the Plaintiff, and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this action is not used for agricultural purposes. The mortgaged property is aone-family or two- family dwelling. 2. The Plaintiff is a company duly authorized to transact business in the United States of America. 3. The Defendants, Ronda Garner and Spouse of Ronda Garner, are a married couple and are residents of Dubuque County, Iowa. 4. The Defendant, City of Dubuque, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including, but not limited to, by virtue of a Mortgage recorded in Doc. No. 2006-00016213 in the Dubuque County Recorder's Office. Any right or interest the Defendant may have in and to the property which is the subject of this action is junior and subordinate to the right and interest of the Plaintiff in and to the property. 5. The Defendants, Parties in Possession, are made parties to this cause of action because they may claim some right, title or interest in the property which is the subject of this action. Any right or interest the Defendants may have in and to the property which is the subject of this action is junior and subordinate to the right and interest of the Plaintiff in and to the property. 6. On or about 05/22/2006, the Defendant(s), Ronda Garner, executed and delivered to New Century Mortgage Corporation one certain Promissory Note in the principal sum of $70,300.00. A copy of the Note is attached hereto as Exhibit "A" and incorporated herein by this reference. 7. To secure payment of the Note, the Defendant(s), Ronda Garner, executed and delivered to New Century Mortgage Corporation one certain Purchase Money Mortgage dated 05/22/2006, which Mortgage was filed on 05/31 /2006, in File 2006-00007986 in the records for Dubuque County, upon the following described real estate, to-wit: Lot 66 in Charles Stafford's Addition to the City of Dubuque, Dubuque County, Iowa, according to the recorded Plat thereof. 8. A copy of the Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit "B" and by this reference incorporated herein. 9. The Mortgage and Note provide that in the case of default, the holder may declare the entire principal, and the interest accrued thereon, due and payable and the Mortgage may be foreclosed. 10. The Defendant(s), Ronda Garner, has failed to pay the principal and interest thereon as provided by the terms of the Note. 11. By reason of the failure to pay the principal and interest, the Plaintiff has elected and does hereby elect, in accordance with the terms and conditions of the Note and Mortgage, to declare the whole of the Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 12. The unpaid balance due on the Note after allowing all credits due to the Defendants is the principal balance of $69,556.16, plus interest to 11/06/2008 in the amount of $2,047.84. Interest accrues on the said sum at the rate of $21.06 per day. 13. In order to commence this foreclosure proceeding the Plaintiff has expended the following costs: report of title costs $250.00, suspense balance of $-106.72, other fees of $7.00, to all which sums the Plaintiff is entitled to judgment against the property with interest at the rate of 11.05% per annum, plus 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, including reasonable attorney's fees. 14. The Plaintiff is the Mortgagor in this action, due demand has been made for payment, and payment has been refused. 15. Under the terms of the Mortgage a receiver may be appointed. 16. The Plaintiff, or its predecessor in interest or servicing agent, gave a Notice of Right to Cure and more than 30 days have elapsed since the notice was given. A copy of said Notice is attached hereto as Exhibit "C" and incorporated herein by this reference. 17. The Plaintiff hereby waives its right to a deficiency judgment. 18. Under the terms of said Note and Mortgage, the Defendant(s), Ronda Garner, has agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit "D", and incorporated herein by this reference, is an Affidavit of Attorney's Fees as required by Iowa Code §625.22 (2005). WHEREFORE, the Plaintiff, prays for judgment in rem against the real estate described above for the principal balance of $69,556.16, plus interest to 11/06/2008 in the amount of $2,047.84, plus continuing interest, which accrues on the said sum at the rate of 11.05% per annum and in the amount of $21.06 per day; for the costs of this action including report of title $250.00, suspense balance $-106.72, other fees $7.00, plus reasonable attorney's fees and additional sums for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law; that said sums be declared a lien upon the premises above described from 05/22/2006, the date of the Plaintiff s mortgage, prior and superior to any right, title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed; that any right, title, lien or interest of the Defendants or any of them in said property be declared junior and inferior to the lien of Plaintiff s Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as may be necessary to satisfy the judgment including 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, and that from and after said sale under special execution, the right, title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off, barred and foreclosed, and the purchaser at said sale take free and clear of any right, title, lien or interest of the Defendants or any of them. The Plaintiff further prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Dubuque County, Iowa, commanding him to put the purchaser at said sale under special execution, or a successor in interest, in possession of the premises; and that a receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. Respectfully submitted, DUNAKEY & KLATT, P.C. Brian yer A 0006893 Amy R. ollash AT0008965 531 Commercial St., Ste. 250 P.O. Box 2363 Waterloo, IA 50701 319-232-3304 319-232-3639 (fax) Attorneys for the Plaintiff • EXHIBIT a D ADJUSTABLE RATE NOTE (LIBOR Siz-Month l:ndez (As Published In Tile Wall Street Journal) -Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. May 22, 2006 Dubuque Iowa [Date] Miry] [State] 2622 QUEEN STREET, Dubuque, IA 52001- [Properry Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 70 , 300.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is New Century Mortgage Corporation 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 11.050 %. 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 fast day of each month beginning on July 1, 2006 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 mill be applied to interest before Principal. If, on 06/01/2036 ; I still owe amounts under this Note, I will gay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 18400 Von Karmen, Suite 1000, Irvine, CA 92612 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. $ 672.15 .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. T'he Note Holder grill determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 1007961949 MULTISTATE ADJUSTABLE FATE NOTE - IIBORSIX-MONTH INDEX (AS PUBL19•I~~ ~~lV<pflltll~l(L1`- Single Family - Fannle Mae UNIFORM INSTRUMENT tY'JSd ~ ~~~~, ~-838N (o2 to) Form 3520 11 01 Bj-: ® ~ VM P M ORTGAGE FORMS • (600)52 1-7291 Pale 1 of 0 Initia ts: i ~ 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of June , 2008 ,and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates fot six month U.S. dollar-denominated deposits in the London mazket ("LIBOR"), as published in The Wall Srreer Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs 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 raze by adding Six And Five Hundredth (s) percentage points ( 6.0 50 %) 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 \+Iaturity 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 fast Change Date will not be greater than 12.550 or less than 11.050%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One And One-half percentage point(s) ( 1.500 %) from the rate of interest I have been Baying for the preceding 5 months. My interest rate will never be greater than 18.0 50 %. (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 ftrst monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 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 change. 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 Prepa}~ment to reduce the Principal gmount 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. vIy 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 paztial 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 change to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder ma c ags~to make this refund by reducing the Principal I owe under this Note or by making a direct payment t ~ y ~ ~ reduces Principal, the reduction will be treated as a partial Prepayment. Wei ----- ~ 1007961949 ~~~ ~ F -szu~ orm ~~~ ~$38N (o2to) P,pe2 of 4 Inhials: 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 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal 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 gay 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 ail 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 guazantor, 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" 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. 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 proms_s~e,,s that I make in this Note. That Security Instrument describes how and under what conditions I may be required to ma~@,'t~iunediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: ~L~ ~Og~~ ~ ~~~~~. ~,~ ,~' o ~~~ 1007961949 Fomv352 01 ~$3aN (oz1o~ Pape3ot4 innrai~. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest is 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 Lendei s prior uzitten 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 chazge 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 IS 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. SS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED i LL-- (Seal) (Seal) RONDA GARNER -Borrower -Borrower _ (Seal) -Borrower -$orrower -(Seal} -Borrower a~ G ~ -(Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower (Sign Original Only) ~~ t~~ ~v~ 1007961949 ~-838N ~o2io~ P,yeaaa ~I1V~~~1~~~~1~1 Doc ID: 003420620020 Type: ObN I Recorded: 05/31/2006 at 12:30:35 PP7 Fee Amt; $102.00 Page 1 of 20 Dubuque county Iowa Kathy F1Vnn Thurlou Recorder F11e2006-00007986 - ~ --- - - EXHIBIT [Space Above Tbi~ Lfne For Recordittg Data[ Prepared By: ~,l (,i(~.iV~K. ~.~Q~Q.Q, 3 J~ New Century Mortgage Corporation 18400 Von Karman, ate 1000 Irvine, CA 92612 800-967-7623 Return To: New Center Mortgage Corporation 18400 Von arman, Ste 1000 Irvine, 92612 Full Legal Description located on page 16 Lender Name located on page 2. AFTER RECORDING RENRN T0~ Ali. AMERICAN ESCROW 6 TRLE SERVICES 4855 East Slate Street Rockford, 1161106 MORTGAGE DEFINITIONS Words used in multiple sections of this document aze defined below and other words aze defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 22, 2006 , together with al[ Riders to this document. (8) "Borrower" is RONDA GARNER, ..:-: :....~,:_~ ;i:a.,~=_. 0. Si n[~ 1~ ~2f"SDYt Borrower is the mortgagor under this Security Instrument. 1007961949 IOWA-5ingle Family~ann{e MaelFreddle Mac UNIFORM INSTRUMENT Focm 3018 t! Of -6[lA) loao5).oi m Pspe 1 of 15 Inltlals: (C) "Lender" is New Century Mortgage Corporation Lender is a Corporation organized and existing under the laws of California Lender's address is 18400 von Barman, Suite 1000, Irvine, CA 92612 Lender is the mortgagee under this Security Instrument. (D) "Nate" means the promissory note signed by Borrower and dated May 22, 2006 The Note states that Borrower owes Lender SEVENTY THOUSAND THREE AUNDR$D AND 00/100 Dollars (U.S. $ 70 , 300.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 0 6 / O 1 / 2 036 (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 chazges due under the Note, and all sums due under this Security Instrument, plus interest. (G} "Riders" means alI Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable}: ® Ad}ustable Rate Rider ^ Condominium Rider ^ Second Home Rider [] Balloon Rider ^ Planned Unit Development Rider ^ 1-4 Family Rider [] VA Rider ^ Biweekly Payment Rider ®Other(s) [specify} Arm Rider Addendum (Ii) "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 }udicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Harrower or the Property by a condominium association, homeowners association or similaz organization. (~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an acwunt. 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. (IC) "Escrow Items" means those items that are described in Section 3. (L) "iltiscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (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 pazt 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. (1'i) "vlortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (iv7 "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. / 1007961949 {nitia ls: (f'~ ~6(IA) coaos~o~ a:~ z ~ ~ s Form 3016 1101 (O) '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) "Sutr`essor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed $orrower'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 Dubuque [Type of Recording Jurisdiction] [~amz of Recording Jurisdiction] See Legal Description Attached Hereto and Made a Part Aereof Parcel [D Number: 10-13-402-001 2622 QUEEN STREET Dubuque ("Property Address"): which currently has the address of [Strzetj [City], IOWA 52001- [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and ftxtures 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 INSTRUiVIENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. /,~ 1007961949 Initials: t~ -6(IA) loao5l•at Page s or t 5 Form 3016 1101 UNIFORM COVENANTS. Borrower and Lender covenant and agree as foitows: 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 aze 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 agpiied 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 fast 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 tote Note steal! 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 aze 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 ~; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community 1007961949 Initlala~ ~6(lA) {oaos).ot Pis 4 of 15 Form 3416 1101 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 Borrowei s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds fot 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 bender and, if Lender requires, shall fitmish 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 duectly, 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 alI Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender a[I Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shah 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 deemed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Harrower 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 1007961949 InlliB h: (~ ~6(IA) loaos~.ol awe s or +s Fom1 3016 1141 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 shalt satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time change for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fue, 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 $orrower's choice, which right shall not be exercised unreasonably. Lender may require $orrower 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 change for flood zone determination and certification services and subsequent changes 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 Federa] Emergency vlanagement 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 particulaz 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. 17uring 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 1007961949 Initla ls: -G(IA} laaa5).ot acQes or is Fo1m 3016 1f01 m 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, insofaz as such rights aze 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, ~Saintenance 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 aze 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. S. Borrower's Loan Application. Borrower steal! be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, far condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or 1007961949 Initials -6{lA} {aaos~.o~ Gege7 of 75 Form 3018 1101 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 andlor 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) appeazing 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 boazd 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. vfortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums requrred 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 wtll accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires sepazately 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 anon-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 Baaro~ver'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 aze 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 chazaMerized 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 1007961949 Initials: ®-fi(IA) faao5).ot P~eB of 15 Fotnr 301fi 1/41 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 1~Iortgage 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 Leader 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 Ioss 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 $orrower. 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 toss 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 toss in value divided by (h) 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 authortzed 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 $orrower Miscellaneous Proceeds or the patty 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 l9, 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 impavment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of _ 1007961949 Initl2ls: U' -6(u-1 (0405).01 P~sof 15 Form 3018 1fQ1 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 riot Released; Forbearance By Lender Vol a Waiver. Extension of the time for payment or modiftcation 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 Baund. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower whb 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, forbeaz or make any accommodations with regazd 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 chazging of such fee. Lender may not charge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to $orrower. 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 $otrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. i`lOtices. 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 mai! to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in ` _ 1007961949 InlUala: t! -6(IA) (ooos).ot Paae to of t 5 Fotm 3016 1101 m 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 taw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interesu transferred in a bond for deed, contract far 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. Tf 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 aze 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 $orrower, 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 Vote; 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 . 1007961949 Inita~s l1-~ -6(lA) ;oaosyo~ Paps i ~ ~r i 5 Forth 3016 11 01 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 parry 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 aRer 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 flanunable or taxic 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 Hazazdous 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 leazns, or is notified by any govertunental 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 shalt create any obligation on Lender for an Environmental Cleanup. 1007961949 Inttials: ® -6(IA) ~oeoe~.o~ Pyo 12 of 7 6 Forth 3016 1101 NON-LTNIFORVi 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 3Q 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 rlght 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 a!1 right of dower and waives all right of homestead and distributive shaze in and to the Property. Borrower waives any right of exemption as to the Property. 25. HOMESTEAD EXEMPTION WAIVER I UNDERSTPuvD THAT HOMESTEAD PROPERTY IS IN ~~IY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FRO1i JUDICIAL SALE; A~\`D THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP i<7Y RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLALII~ASED UPON THIS MORTGAGE. ` .f~ ~~~ ~ Harrower RONDA GAGER Dat~ Borrower Date Borrower Date Borrower Date Borrower Date Borrower Borrower Bate Borrower Date Date 1007961949 -6(IA) loan st.o i Pte. t a of s s Forth 3t}16 1 f01 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 Bonrower 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 confotm to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. I~~IPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE E_YFORCEABLE. NO OTHER TERtiiS OR ORAL PR0I~IISES NOT CONTAINED IN TAIS WRITTEN CONTRACT vIAY BE LEGALLY ENFORCED. YOU 1~IAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY Ai~IOTHER 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 Harrower and recorded with it. Witnesses: / C~t/h~lo~f'i0c.-~..~fzG10,/L*!L Gc< <-'~~" (Seal) ~~~M~~ ~.e. ~~~. RO A GARNER -Borrower (seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) {Seal) -Borrower -Borrower 1007961949 ®-611A} ro405).~t Pie to or to Form 3016 1f01 STATE OF IOWA, "' "` bu~`County ss: On this ~~ day of mCi. % ~ ZQxa ,before me, a Notary Public in the State of Iowa, personally appeazed ~orr,~ a Ala r n~.1~ to me personally known to be the person(,t~ named in and who executed the foregoing instrument, and acknowledged that sh they executed the same as h'tl~eir voluntary act and deed. My Commission Exptres: ~~g/~f ~~ -lF4RC 1p•••- ~~ ~',`~A7E Ok ~,`~ ~'~ ~ss/ON EX~g\\\~\ ~''rtnrlnlN\\~ ®'sl~l (0405}01 _ Vin.,,," ~~ ~v /'ly~i~_ C/.~C~F' ~ C~~ Notary Public in and for said County and State Pqe 15 or 15 InNml 1007961949 Form 3016 1101 ~,,~~1/111ti!!-/lry P~ 0u`~ ~ ~ ~~ ~y~~t 4l~j~w uyy µ ;~ l/ ~. ~~, ~ .~/.~, ~)i ~~ ~,~y~cZ. ~ ~//,yA~Atgs ~ y0i ;;r ~~.. Lot 66 in Charles Iowa, according to County, Zowa. Legal Description Stafford's Addition to the City of Dubuque, the recorded Plat thereof. Situated in Dubuque ~.. HomEq Servicing September 15, 2008 DF790 RONDA GARNER 2622 QUEEN STREET DUBUQUE, IA 52001 RE: Account Number 0325424042 Property Address: 2622 QUEEN ST DUBUQUE, IA 52001 Dear RONDA GARNER: EXHIBIT This letter is in reference to the above-referenced account, (the Account ), serviced by HomEq Servicing ( HomEq ), on behalf of the following current creditor: - Name of current creditor/owner: Wells Fargo Bank, N.A. - Time and place of the creation of the debt: 05/22/2006 DUBUQUE, IA - Merchandise, services or other things of value: Mortgage/Deed of Trust - Itemization of any delinquency or deferral charges: Number of Payments Due: 2 Total Delinquent Payments: $1,599.58 Late Charges: $100.81 Recoverable Corporate Advances: $0.00 Other Charges: $7.50 Less funds in Suspense: ($0.00) Total Due: $1,707.89 You are hereby provided with Notice that you are in default under the terms and conditions of your Note/Retail Installment Sale Contract and Mortgage/Deed of Trust secured by the above-referenced property (the Property) for failure to pay the required installments when due. If your Account is not brought current within thirty-five (35) days of the date of this letter, which is 10!20/2008, HomEq will, without further demand, accelerate the maturity date of the Account and declare the total balance immediately due and payable. As a consequence, HomEq may refer your Account to an attorney for foreclosure and all fees associated with foreclosure and Property preservation may be added to the total amount required to bring the Account current. THIS LETTER CONTINUES ON THE NEXT PAGE -1- In order to avoid further action, your full and timely payment in an amount sufficient to bring the Account current must be received by HomEq via certified funds, cashiers check or money order(s) on or before 10/20/2008. Your remittance must be made payable and mailed to HomEq Servicing at P.O. Box 70830 Charlotte, NC 28272-0830. As of the date of this letter, the amount required to bring the Account current and avoid foreclosure is the sum of payments that have come due on or after the date of default, 08/01/2008, plus late charges, periodic adjustments to the monthly payment amount (if applicable) and other expenses associated with collection, all of which total $1,700.39. Because interest accruals, late charges and other expenses may be additionally incurred, the amount required to bring the Account current on the day you actually deliver your payment to HomEq may be greater than the amount provided above. Accordingly, you should contact HomEq at 1-800-795-5125, Monday -Thursday 5:OOAM-9:OOPM, Friday 5:OOAM-6:OOPM, Saturday 5:OOAM-1:30PM, Sunday 8:OOAM-S:OOPM, Pacific Time to obtain the exact amount needed to bring the Account current prior to remitting payment. You are hereby informed that you have the right to cure or reinstate the Account after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense you may have to acceleration. Although you are not required to pay the total debt (or balance) of the Account prior to its maturity or acceleration, federal law requires HomEq to provide you with the total debt (or balance) due to HomEq as of the date of this letter, which is $71,347.10. The total estimated debt amount provided herein is for informational purposes only and this letter is not intended to act as a payoff statement or demand for you to pay the Account in full. If you want to obtain a written payoff statement, please submit your request to HomEq Servicing, Attention: Payoff Quotes, Mail Code CA3344, P.O. Box 13716, Sacramento, CA 95853 or otherwise contact HomEq at (877) 867-7378, Monday through Friday between 5:00 a.m. and 5:30 p.m., Pacific Time. HomEq is acting as the Mortgage Loan Servicer for Wells Fargo Bank, N.A., which is the current creditor/owner of the Note and deed of Trust associated with your account. HomEq, as Mortgage Loan Servicer, is representing Wells Fargo Bank, N.F. whose address is 9062 Old Annapolis Road, Attn: Client Manager - SABR 2006-NC3, Columbia, MD 21045-1951. The Mortgage Loan Servicer is authorized to represent Wells Fargo Bank, N.A. by virtue of a servicing agreement. The Mortgage Loan Servicer is authorized to collect the debt and to administer any resulting foreclosure of the property securing the above referenced account. All notices, payments, correspondence, and other communications regarding your account should continue to be directed to HomEq. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Except as otherwise contained herein, all communication concerning this matter must be made to HomEq via telephone at 1-800-795-5125, Monday -Thursday S:OOAM-9:OOPM, Friday 5:OOAM- 6:OOPM, Saturday 5:OOAM-1:30PM, Sunday 8:OOAM-5:OOPM, Pacific Time or in writing to: HomEq Servicing, Attn: Account Research, Mail Code CA3345, P.O. Box 13716, Sacramento, CA 95853. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. -2- IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, vs. RONDA GARNER, SPOUSE OF RONDA GARNER, CITY OF DUBUQUE, AND PARTIES IN POSSESSION, Defendants. CASE NO. AFFIDAVIT FOR ATTORNEY FEES EXHIBIT STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK ) I, Amy R. Dollash, being first duly sworn on oath, hereby depose and state that I am a member of the firm of Dunakey & Klatt, P.C., the attorneys for the Plaintiff in the above-entitled cause; that the Note and Mortgage sued upon herein are in my possession as attorney for the Plaintiff; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am a regular practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, express or implied, between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein. .~ Amy hash Subscribed and sworn to before me this 7`h day of November, 2008. ~'"~ • ANNE M. OHRT Notary Public in an for the State of Iowa ~' COMMI SIGN N0.755231 • MY~ IRES