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Release of Mortgage_Duaine Greenfield, 190 Main St. Copyrighted February 5, 2018 City of Dubuque Consent Items # 23. ITEM TITLE: Signed Contract(s) SUMMARY: I IW, PC Technical Services Task Order No. 17-03 for the 17th Street/W. Locust Street Storm Sewer Improvements Project; I IW, PC Technical Services Task Order No. 18-01 for 22nd St./Kaufmann Ave. Storm Sewer Improvement Project; Pillar Design Studios, LLC for Dubuque Skate Park Designer and Landscape Architect; Releases of Mortgage for Duaine Greenfield (190 Main St.); Hartig Realty I I, LC (703 Main St.); Don Junk (65-73 Main St.); Security Investments, LLC (800 Main St.); Security Partners, LP (800 Main St.); and Town Clock Building Co. (823-835 Main St.). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type II W, PC Technical Services Task Order No. 17-03 Supporting Documentation II W, PC Technical Services Task Order No. 18-10 Supporting Documentation Pillar Design Studios, LLC ContacVBond Supporting Documentation Release of Nbrtgage- Duaine Greenfield Supporting Documentation Release of Nbrtgage- Hartig Realty I II, LC Supporting Documentation Release of Nbrtgage- Don Junk Supporting Documentation Release of Nbrtgage- Town Clock Building Co. Supporting Documentation Release of Nbrtgage- Security Investments, LLC Supporting Documentation Release of Nbrtgage- Security Partners, LP Supporting Documentation �LbL(]Lf EmnomicDevelopmen[Deparhnent 'I'HE CI"CY OF � 50 We413'^S[reet AhMykeCm Dubuque, lowa52001-0564 D�� � ��� � � � Office(563)584-0393 rry IS�I 69o-s�8 Masterpiece on the Mississippi ,�„ , 201 http://www.dryofdubuque.org TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Release of Mortgages for powntown Rehabilitation Loan #98-2 DATE: February 28, 2017 INTRODUCTION The purpose of this memorandum is to inform you of the paid status of a downtown rehabilitation loan and to request your signature on the release of mortgage for the hnro mortgages associated with that loan. BACKGROUND In 1998 the Economic Development department provided a $188,000 loan to Duaine and Jane Greenfield for the rehabilitation of 190 Main Street, which included the creation of an upper-story residential unit. The loan was secured with two mortgages, in the amount of $170,000 and $18,000 each. Those mortgages were recorded as instruments#11554-98 and #11555-98, respedively, on July 23, 1998. DISCUSSION Regular payments were made over the term of the loan, and Ms. Greenfield has paid the balance of the loan as of December 13, 2016. We have prepared a release of mortgage document for each of the mortgages listed above. RECOMMENDATION/ ACTION STEP I respectfully request your signature on the release of mortgage on each of the two mortgages associated with this loan. _ - K� ,t .�- �� � �11554-98 98 JUL 23 AM I I� 53 K,�iHY rLY�i'�TNU2L0'W CQUNTY R£CORDER o�;Bu��E co..iowa FEEs�/� DO Preparer mro�ma��o�Pamela Myhre-Gonyier Ci�Hall 50 West 13th St Dubuque 319/589-4393 Individual'sName StreetAddress City Phone SPACE A80VE THIS LINE FOR RECORDER MORTGAGE THIS MORTGAGE is made between Duaine H.and Jane M.Greenfield("Mortgagors")and City of Dubuque,lowa ("Mortgagee"). []If this box is checked,this Mortgage is a Purchase Money Mortgage as defined in the lowa Code. 1.Grant of Mortgage and Security Interest. Mortgagors hereby sell,convey and mortgage unto Mortgagee,and grant a security interest to Mortgagee in the following described property: a.Land and Buildings. All of Mortgagors'rigFit,title and interest in and to the following described real estate situated in Dubuque County,lowa(the"Land");Southerly%of Lot 4A in the City of Dubuque,lowa,and aIl buildings,structures and improvements now standing or at any time hereafter constructed or placed upon the Land(the"Buildings"),including all hereditaments,easements,appurtenances,riparian rights,mineral rights,water rights,rights in and to the lands lying in streets,alleys and roads adjoining the Iand,estates and other rights and interests now or hereafter belonging to or in any way pertaining to the Land. b.Personal Property. All fixtures and other personal property integrally belonging to,or hereaker becoming an integral part of the Land or Buildings.whether attached or detached,including but not limited to,light fixtures,shades, rods,blinds,Venetian blinds,awnings,storm windows,screens,linoleum,water softeners,automatic heating and air- conditioning equipment and all proceeds,products,increase,issue,accessions,attachments,accessories,parts, additions,repairs.replacements and substitutes of,to,and for the foregoing(the"Personal Property"). c.Revenues and Income. All rents,issues,profits,leases,condemnation awards and insurance proceeds now or hereafter arising from the ownership,occupancy or use of the Land,Buildings and Personal Property,or any part thereof (the"Revenues and Income"). TO HAVE AND TO HOLD the Land,Buildings,Personal Property and Revenues and Income(collectively called the "Mortgaged Property"),together with all privileges,hereditaments thereunto now or hereafter belonging,or in any way appertaining and the products and proceeds thereof,unto Mortgagee,its successors and assigns. 2.Obligations. This Mortgage secures the following(hereinafter coilectively referred to as the"Obligations"): a.The payment of the loan made by Mortgagee to Duaine H.and Jane M.Greenfield evidenced by a promissory note dated July 22,1998 in the principal amount of$170,000.00,any renewals,extensions,modifications or refinancing thereof and any promissory notes issued in substitution therefor;and b.All other obligations of Mortgagors to Mortgagee,now existing or hereafter arising,whether direct or indirect, contingent or absolute and whether as maker or surety,including,but not limited to,future advances and amounts advanced and expenses incurred by Mortgagee pursua�t to this Mortgage. 3.Representations and Warranties of Mortgagors. Mortgagors represent,warrant and covenant to Mortgagee that(i) rtgagors hold clear title to the Mortgaged Property and title in fee simple in the Land;(ii)Mortgagors have the right,power and authority to execute this Mortgage and to mortgage,and grant a security interest in the Mortgaged Property;(iii)the Mortgaged Property is free and clear of all liens and encumbrances,except for real estate taxes not yet delinquent and except as otherwise stated in subparagraph 1 a.herein;(iv)Mortgagors will warrant and defend title to the Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons,whether now existing or hereafter arising;and(v)aIl buildings and improvements now or hereafter located on the Land are,or will be,located entirely within the boundaries of the Land. 4.Payment and Performance of the Obligations. Mortgagors will pay all amounts payable under the Obligations in accordance with the terms of the Obligations when and as due and wiil timely pertorm all other obligations of Mortgagors under the Obligations.The provisions of the Obligations are hereby incorporated by reference into this Mortgage as if fuliy set forth herein. 5.Taxes. Mortgagors shall pay each installment of aIl taxes and special assessments of every kind,now or hereafter levied against the Mortgaged Property before the same become delinquent,without notice or demand,and shall deliver to Mortgagee proof of such payment within ffteen(75)days after the date in which such tax or assessment becomes delinquent. 6.Liens. Mortgagors shall not create,incur or suffer to exist any lien,encumbrance,security interest or charge on the Mortgaged Property or any part thereof which might or couid be held to be equal or prior to the lien of this Mortgage,other than the lien of current real estate taxes and installments of special assessments with respect to which no penalty is yet payable. Mortgagors shall pay,when due,the claims of all persons supplying labor or materials to or in connection with the Mortgaged Property. 7.Compliance with Laws. Mortgagors shall comply with all present and future statutes,laws,rules,orders,regulations and ordinances affecting the Mortgaged Property,any part thereof or the use thereof. 8.Permitted Contests. Mortgagors shall not be required to(i)pay any tax,assessment or other charge referred to in paragraph 5 hereof,(ii)discharge or remove any lien,encumbrance or charge referred to in paragraph 6 hereof,or(iii)comply with any statute,law,rule,regulation or ordinance referred to in paragraph 7 hereof,so Iong as mortgagors shall contest,in good faith, the existence,amount or the validity thereof,the amount of damages caused thereby or the extent of Mortgagors'liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent(A)the collection of,or other realization upon the tax,assessment,charge or lien,encumbrances or charge so contested,(B)the sale,forfeiture or loss of the Mortgaged Property or any part thereof,and(C)any interterence with?he use or occupancy of the Mortgaged Property or any part thereof. Mortgagors shall give prompt written notice to Mortgagee of the commencement of any contest referred to in this paragraph 8. 9.Care of Property. Mortgagors shall take good care of the Mortgaged Property;shall keep the Buildings and Personal Property now or later placed upon the Mortgaged Property in good and reasonable repair and shail not injure,destroy or remove either the Buildings or Personal Property during the term of this Mortgage.Mortgagors shall not make a�y material alteration to the Mortgaged Property without the prior written consent of Mortgagee. 10.Insurance. a.Risks to be Insured. Mortgagors,at their sole cost and expense,shall maintain insurance on the Buildings and other improvements now existing or hereafter erected on the Land and on the Personal Property included in the Mortgaged Property against loss by fire,extended coverage perils and such other hazards as Mortgagee may from time to time require,such insurance to have a"Repla:zment Cos£'endorsement attached thereto,with the amount of the insurance at least equal to the balance of the Ot:ligations.At Mortgagors'option,such policy may have a coinsurance clause of not less than 90%of replacement cost provided the policy contains an appropriate form of cost escalation endorsement.Mortgagors will at their sole cost and expense,from time to time,and at any time at the request of Mortgagee,provide Mortgagee with evidence satisfactory to Mortgagee of the replacement cost of Mortgaged Property. Mortgagors will maintain such other insurance as Mortgagee may reasonably require. b.Policy Provisions. All insurance policies and renewals thereof maintained by Mortgagors pursuant to this Mortgage shall be written by an insurance carrier satisfactory to Mortgagee,contain a mortgagee clause in favor of and in form acceptable to Mortgagee,contain an agreement of the insurer that it will not amend,modify or cancel the policy except aker thirty(30)days prior written notice to Mortgagee,and be reasonably satisfactory to MoAgagee in all other respects. c.Delivery of Policy or Certificate. If requested by Mortgagee,Mortgagors will deliver to Mortgagee original policies satisfactory to Mortgagee evidencing the insurarce which is required under this Mortgage,and Mortgagors shall promptly fumish to Mortgagee all renewal notices and,upc n request of Mortgagee,evidence of payment thereof.At least ten(10) days prior to the expiration date of a required policy,Mortgagors shall deliver to Mortgagee a renewal policy in form satisfactory to Mortgagee. d.Assignment of Policy. If the Mortgaged Property is sofd at a foreclosure sale or if Mortgagee shall acquire title to the MoRgaged Property,Mortgagee shall have all of the right,titie and interest of Mortgagors in and to any insurance policies required hereunder,and the unearned pramiums thereon,and in and to the proceeds thereof resulting from any damage to the Mortgaged Property prior to such:sale or acquisition. e.Notice of Damage or Destruction;Adjustircg Loss. If the Mortgaged Property or any part thereof shall be damaged or destroyed by fire or other casualty,A9ortgagors will,within five(5)calendar days after the occurrence of such damage or destruction,give written notice thereo�to tfie insurance carrier and to Mortgagee and wi�i not adjust any damage or loss which is estimated by Mortgagors in good faith to exceed$25,000 unless Mortgagee shall have joined in or concurred with such adjustment;but if there has been no adjustment of any such damage or loss within four(4) months from the date of occurrence thereof and i*an Event of Default shall exist at the end of such four(4)month period or at any time thereafter,Mortgagee may alone make proof of loss,adjust and compromise any claim under the policies, and appear in and prosecute any action arising from such policies.In connection therewith,Mortgagors do hereby irrevocably authorize,empower and appoint Morf�agee as attorney-in-facffor Mortgagor(which appoiMment is coupled with an interest)to do any and all of the foregoing in the name and on behalf of Mortgagors. f.Application of Insurance Proceeds. All sums paid under any insurance policy required by this Mortgage shall be paid to Mortgagee,which shall,at its option,appf�the same(affer first deducting therefrom Mortgagee's expenses incurred in collecting the same including but not I mited to reasonable attorney's fees)to the reduction of the Obligations or to the payment of the restoration,repair,replai-zment or rebuilding ot Mortgaged Property that is damaged or destroyed in such manner as Mortgagee shall determine and secondly to the reduction of the Obligations.Any application of insurance proceeds to principal of fhe Obligations shall not extend or postpone the due date of the installments payable under the Obligations or ch�nge the amount of such instaliments. g.Reimbursement of Mortgagee's Expenses. MoAgagors shall promptly reimburse Mortgagee upon demand for ali of Mortgagee's expenses incurred in connection with the collection of the insurance proceeds,including but not Iimited to reasonable attomeys fees,and all such expenses shall be additional amounts secured by this Mortgage. 11.Inspection. Mortgagee,and its agents,shall have the right at all reasonable times,to enter upon the Mortgaged Property for the purpose of inspecting the Mortgaged Property or any part thereof. Mortgagee shall,however,have no duty to make such inspection.Any inspection of the Mortgaged Property by Mortgagee shall be entirely for its benefit and Mortgagors shall in no way rely or claim reliance thereon. 12.Protection of Mortgagee's Security. Subject to the rights of Mortgagors under paragraph 8 hereof,if Mortgagors fail to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced which affects the Mortgaged Property or the interest of the Mortgagee therein,or the title thereto,then Mortgagee,at Mortgagee's option, may perform such covenants and agreements,defend against or investigate such action or proceeding,and take such other action as Mortgagee deems necessary to protect Mortgagee's interest.Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph 12 with interest therean at the rate of 10%per annum,shall become an Obligation of Mortgagors sewred by this Mortgage.Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagors uniess Mortgagors and Mortgac�ee agree In writing to other terms of repayment.Mortgagee shall,at its option,be subrogated to the lien of any mortgage or other lien discharged in whole or in paR by the Obligations or by Mortgagee under the provisions hereof,and any such subrogation righRs shall be additional and cumulative security for this Mortgage.Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder,and Mortgagee shall not be liable to Mortgagors for any damage or claims arising out of action taken by Mortgagee pursuant to this paragreph. 13.Condemnation. Mortgagors shall give Mortgagee prompt notice of any action,actual or threatened,in condemnation or eminent domain and hereby assign,transfer and set over tc�Mortgagee the entire proceeds of any award or daim for damages for all or any part of the Mortgaged Property taken or damaged under the power of eminent domain or condemnation.Mortgagee is hereby authorized to intervene in any such action in the names of Mortgagors,to compromise and settle any such action or claim, and to collect and receive from the condemning authorities and give proper receipts and acquittances for such proceeds.Any expenses incurred by Mortgagee in intervening in such acti��n or compromising and settling such action or claim,or collecting such proceeds shall be reimbursed to Mortgagee first out of the E>roceeds.The remaining proceeds or any part thereof shall be applied to reduction of that portion of the Obligations then most remot+�ly to be paid,whether due or not,or to the restoration or repair of the Mortgaged Property,the choice of application to be solely zt the discretion of Mortgagee. 14.Fixture Filing. From the date of its recording,thi;G Mortgage shall be effective as a financing statement filed as a fixture filing with respect to the Personal Property and for this purpose the name and address of the debtor is the name and address of Mortgagors as set forth in paragraph 20 herein and the name and address of the secured party is the name and address of the Mortgagee as set forth in paragraph 20 herein. 15.Events of Default. Each of the following occurreri�s shall constitute an event of default hereunder("Event of DefaulY'): a.Mortgagors shall default in the due observance or perFormance of or breach its agreement contained in paregraph 4 hereof or shall defautt in the due observance or performance of or breach any other covenant,condition or agreement on its part to be observed or performed pursuant to ihe terms of this MoAgage. b.Mortgagors shall make an assignment for the benefits of its creditors,or a petition shall be filed by or against Mortgagors under the United States Bankruptcy Code or Mortgagors shall seek or consent to or acquiesce in the appointment of any trustee,receiver or liquidator of a material part of its properties or of the Mortgaged Property or shall not,wiihin thirty(30)days after the appointment of a trustee,receiver or liquidator of any material part of its properties or of the Mortgaged Property,have such appointment vacated. c.A judgment,writ or warrant of attachment or execution,or similar process shall be entered and become a lien on or be issued or levied against ihe Mortgaged Property or any part thereof which is not released,vacated or fully bonded within thirty(30)days after its entry,issue or levy. d.An event of default,however defined,shall occur under any other mortgage,assignment or other security document constituting a lien on the Mortgaged Property or any part thereof. 16.Acceleration;Foreclosure. Upon the occurrence of any Event of Default and at any time thereaker while such Event of Default exists,Mortgagee may,at its option,after such notice as may be required by law,exercise one or more of the following rights and remedies(and any other rights and remedies available to it): a.MoAgagee may declare immediately due and payable all Obligations secured by this Mortgage,and the same shall thereupon be immediateiy due and payable,without further notice or demand. b.MoAgagee shall have and may exercise with respect to the Personal PropeAy,all the rights and remedies accorded upon default to a secured party under the lowa Uniform Commercial Code. If notice to Mortgagors of intended disposition of such property is required by law in a particular instance,such notice shall be deemed commercially reasonable if given to Mortgagors at least ten(1 Q)days prior to the date of intended disposition. c.Mortgagee may(and is hereby authorized and empowered to)foreclose this Mortgage in accordance with the law of the State of lowa,and at any time after the commencement of an action in foreclosure,or during the period of redemption,the court having jurisdidion of the case shall at the request of MoAgagee appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom,and to rent or cultivate the same as he may deem best for the interest of all parties concemed,and such receiver shall be liable to account to Mortgagors only for the net profits,after application of rents,issues and profits upon the costs and expenses of the receivership and foreclosure and upon the Obligations. 17.Redemption. It is agreed that if this Mortgage cevers less than ten(10)acres of land,and in the event of the foreclosure ` ' of this MoRgage and sale of the property by sheriffs sale in such foreclosure proceedings,the time of one year for redemption from "Hr said sale provided by the statues of the State of lowa shall be reduced to six(6)months provided the Mortgagee,in such action files an e�ection to waive any deficiency judgment against Mortgagors which may arise out of the foreclosure proceedings;all to be ' consi�tent with the provisions of Chapter 628 of the lowa Code.ff the redemption period is so reduced,for the first three(3)months ,� - after sale such right of redemption shall be exdusive to the Mortgagor,and the time periods in Sections 628.5,628.15 and 628.16 of the lowa Code shall be reduced to four(4)months. It is`urther agreed that the period of redemption after a foredosure of this :. Mortgage shall be reduced to sixty(60)days if all of the three following contingencies develop:(1)The real estate is less than ten (10)acres in size;(2)the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this Mortgage at the time of such foreclosure;and(3)Mortgagee in such action files an elecfion to waive any deficiency judgment against Mortgagors or their successors in interest in such action.If the redemption period is so reduced, Mortgagors or their successors in interest or the owner sha'I have the exclusive right to redeem for the first thirty(30)days aker such sale,and the time provided for redemption by creditors as provided in Sections 628.5,628.15 and 628.16 of the lowa Code shall be reduced to forty(40)days.Entry of appearance by pleading or docket entry by or on behalf of Mortgagors shall be a presumption that the property is not abandoned.Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the lowa Code.This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the lowa Code. 18.Attorneys'Fees. MoRgagors shall pay on demaiid all costs and expenses incurred by Mortgagee in enforcing or protecting its rights and remedies hereunder,including,but not limited to,reasonable attorneys'fees and Iegal expenses. 19.Forbearance not a Waiver,Rights and Remedies Cumulative. No delay by Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or eq4ity shall be deemed a waiver of or preclude the exercise of such right or remedy,and no waiver by Mortgagee of any particular provsions of this Mortgage shall be deemed effective unless in writing signed by Mo�tgagee.All such rigF�ts and remedies provided for herein or which Mortgagee or the holder of the Obligations may have otherwise,at law or in equity,shall be distinct,separa;e and cumulative and may be exercised concurrently,independently or successively in any order whatsoever,and as often as the�ccasion therefor arises. 20.Notices. All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the United States mail,postage prepaid,sent r,ertified or registered,addressed as follows: a.If to Mortgagors,to:Duaine H.and Jane M.Greenfield,198 Main Street,Dubuque,lowa 52001 b.If to Mortgagee,to:Community&Economic Development Department;City Hall;50 West 13th St.;Dubuque,lowa 52001 or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices. 21.Severability. In the event any portion of this Morgage shall,for any reason,be held to be invalid,illegal or unenforceable in whole or in part,the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable and if,for any reason,a court finds that any pmvision of this Mortgage is invalid,illegal,or unenforceable as written, but that by limiting such provision it would become valid,leyal and enforceable then such provision shall be deemed to be written, construed and enforced as so limited. 22.Further Assurances. At any time and from time to time until payment in full of the Obligations,Mortgagors will,at the request of Mortgagee,promptly execute and deliver to Mortgagee such additional instruments as may be reasonably required to further evidence the lien of this Mortgage and to further protect the security interest of Mortgagee with respect to the Mortgaged Property,including,but not limited to,additional security agreements,financing statements and continuation statements.Any expenses incurred by Mortgagee in connection with the recordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage.Such amounts shall be immediately due and payable by Mortgagors to Mortgagee. 23.Successors and Assigns bound;Number;Gender;Agents;Captions. The rights,covenants and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives,successors and assigns of the parties.Words and phrases contained herein,including acknowledgment hereof,shall be construed as in the singular or pfural number,and as masculine,feminine or neuter gender according to the contexts.The captions and headings of the paragraphs of this MoAgage are for convenience only and are not to be used to interpret or define the provisions hereof. 24.Goveming Law. This Mortgage shall be governed by and construed in accordance with the laws of the State of lowa. 25.Release of Rights of Dower,Homestead and Diatributive Share. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the MoRgaged Property. 26.Acknowledgment of Receipt of Copies of Debt lnstrument. Mortgagors hereby acknowledge the receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby. 27.Additional Provisions. Dated:July 22,199 . _�O uaine H.Greenfi d,Mortg or J ne M.Greenfie d,Mortgagor I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MIANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY StGNING THIS MORTGAGE,I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Dated: STATE OF IOWA ss: COUNTY OF DUBUQUE On this July 22,1998,before me,the undersigned,a Notar�Public,personally appeared Duaine H.and Jane M.Greenfield to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that they executed the same as their voluntary act and deed. a* `•, AGNES M.KRAMER � �� '�; MV COMMISSION EXPIRES -� gnes Kramer, Notary Public Ku4 �'`u^".^I�{a.v � � 11555-98 96 JUL 23 AM i I� 53 jsarKY��.Ynra z��u��or� nusc°�u�co.`�o y,°FeEs / Preparer ��(D,QO i�ro�mat�o�Pamela Myhre-Gonyier City Hall 50 West 13th St Dubuque 319/589-4393 Individual'sName StreetAddress CiTy Phone SPACE A80VE THIS IINE FOR RECORDER MORTGAGE THIS MORTGAGE is made between Duaine H.and Jane M.Greenfieid("Mortgagors")and City of Dubuque,lowa ("Mortgagee"). [j If this box is checked,this Mo�tgage is a Purchase Money Mortgage as defined in the lowa Code. 1.Grant of Mortgage and Security Interest. Mortgagors hereby sell,convey and mortgage unto Mortgagee,and grant a security interest to MoRgagee in the following described pn�perty: a.Land and 8uildings. All of Mortgagors'right,title and interest in and to the following described real estate situated in Dubuque County,lowa(the"Land");North 76`eet 9 and 114 inches of lot 77A and the South 10 inches of Lot 77 in the City of Dubuque,lowa,and all buildings,structures and improvements now standing or at any time hereafter constructed or placed upon the Land(the"Buildings"),including all hereditaments,easements,appurtenances,riparian rights,mineral rights,water rights,rights in and to the lands Iying in streets,alleys and roads adjoining the land,estates and other rights and interests now or hereafter belonging to or in any way pertaining to the Land. b.Personal Property. AII fixtures and other personal property integrally belonging to,or hereafter bewming an integral part of the Land or Buildings.whether attached or detached,including but not limited to,light fixtures,shades, rods,blinds,Venetian blinds,awnings,storm windows,screens,linoleum,water softeners,automatic heating and air- conditioning equipment and all proceeds,products,increase,issue,accessions,attachments,accessories,parts, additions,repairs.replacements and substitutes of,to,and for the foregoing(the"Personal Property"). c.Revenues and Income. All rents,issues,profits,Ieases,condemnation awards and insurance proceeds now or hereaRer arising from the ownership,occupancy or use of the Land,Buildings and Personal Property,or any part thereof (the"Revenues and Income"). TO HAVE AND TO HOLD the Land,Buildings,Personal Property and Revenues and Income(collectively called the "Mortgaged Property"),together with all privileges,hereditaments thereunto now or hereaker beionging,or in any way appertaining and the products and proceeds thereof,unto Mortgagee,its successors and assigns. 2.Obligations. This Mortgage secures the following(hereinafter collectively referred to as the"Obligations"): a.The payment of the loan made by Mortgagee to Duaine H.and Jane M.Greenfield evidenced by a promissory note dated July 22,1998 in the principal amount of$18,000.00,any renewals,extensions,modifications or refinancing thereof and any promissory notes issued i�substitution fherefor;and b.All other obligations of Mortgagors to Mortgagee,now existing or hereafter arising,whether direct or indirect, contingent or absolute and whether as maker or surety,including,but not limited to,future advances and amounts advanced and expenses incurred by Mortgagee pursuant to this Mortgage. 3.Representations and Warranties of Mortgagors. Mortgagors represent,warrant and covenant to Mortgagee that(i) rtgagors hold clear title to the Mortgaged Property and title in fee simple in the Land;(ii)Mortgagors have the right,power and authority to execute this Mortgage and to mortgage,and grant a security interest in the Mortgaged Property;(iii)the Mortgaged Property is free and clear of all liens and encumbrances,except for real estate taxes not yet delinquent and except as otherwise stated in subparagraph 1 a.herein;(iv)Mor[gagors will warrant and defend title to the Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons,whether now existing or hereafter arising;and(v)all buildings and improvements now or hereafter located on the Land are,or will be,located entirely within the boundaries of the Land. 4.Payment and Pertormance of the Obligations. Mortgagors wi�l pay all amounts payable under the Obligations in accordance with the terms of the Obligations when and as due and will timely pertorm all other obligations of Mortgagors under the Obligations.The provisions of the Obligations are hereby incorporated by reference into this Mortgage as if fully set forth herein. 5.Taxes. Mortgagors shall pay each installment of all taxes and special assessments of every kind,now or hereafter levied against the Mortgaged Property before the same become deiinquent,without notice or demand,and shall deliver to Mortgagee proof of such payment within fifteen(15)days after the date in which such tax or assessment becomes delinquent. 6.Liens. Mortgagors shall not create,incur or suffer to exist any lien,encumbrance,security interest or charge on the Mortgaged Property or any part thereof which might or couid be held to be equal or prior to the lien of this Mortgage,other than the lien of current real estate taxes and instaliments of special assessments with respect to which no penalty is yet payable. Mortgagors shall pay,when due,the claims of all persons supplying labor or materials to or in connection with the Mortgaged Property. 7.Compliance with Laws. Mortgagors shall comply with all present and future statutes,laws,rules,orders,regulations and ordinances affecting the Mortgaged Property,any part thereof or the use thereof. 8.Permitted Contests. Morlgagors shall not be required to(i)pay any tax,assessment or other charge referred to in paragraph 5 hereof,(ii)discharge or remove any lien,encumbrance or charge referred to in paragraph 6 hereof,or(iii)comply with any statute,law,rule,regulation or ordinance referred to in paragraph 7 hereof,so long as mortgagors shall contest,in good faith, the existence,amount or the validity thereof,the amount of damages caused thereby or the extent of Mortgagors'liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent(A)the collection of,or other realization upon the tax,assessment,charge or lien,encumbrances ar charge so contested,(B)the sale,forfeiture or loss of the Mortgaged Property or any part thereof,and(C)any interFerence with the use or occupancy of the Mortgaged Property or any part thereof. Mortgagors shall give prompt written notice to Mortgagee af the commencement of any contest referred to in this paragraph 8. 9.Care of Property. Mortgagors shall take good care of the Mortgaged Property;shall keep the Buildings and Personal Property now or later placed upon the Mortgaged Property in good and reasonable repair and shall not injure,destroy or remove either the Buildings or Personal Property during the term of this Mortgage.Mortgagors shall not make any material alteration to the Mortgaged Property without the prior written consent of Mortgagee. 10.Insurance. a.Risks to be Insured. Mortgagors,at their sole cost and expense,shall maintain insurance on the Buildings and other improvements now existing or hereafler erNcted on the Land and on the Personai Property included in the Mortgaged Property against Ioss by fire,extendFd coverage perils and such other hazards as Mortgagee may from time to time require,such insurance to have a"Replacement Cost"endorsement attached thereto,with the amount of the insurance at least equal to the balance of the Ot�ligations.At Mortgagors'option,such policy may have a coinsurance clause of not less than 90°/of replacement cost provided the policy contains an appropriate form of cost escalation endorsement.Mortgagors will at their sole cost and expense,from time to time,and at any time at the request of Mortgagee,provide Mortgagee with evidence satisfactory to Mortgagee of the replacement cost of Mortgaged Property. Mortgagors will maintain such other insurance a:s Mortgagee may reasonably require. b.Policy Provisions. All insurance policies and renewals thereof maintained by Mortgagors pursuant to this Mortgage shall be written by an insurance carrier satisfactory to Mortgagee,contain a mortgagee clause in favor of and in form acceptable to Mortgagee,contain an agreement of the insurer that it will not amend,modify or cancel the policy except after thirty(30)days prior written notice to Mortgagee,and be reasonably satisfactory to Mortgagee in all other respects. c.Delivery of Policy or Certiflcate. if requested by Mortgagee,Mortgagors will deliver to Mortgagee original policies satisfactory to Mortgagee evidencing the insurance which is required under this Mortgage,and Mortgagors shall promptly furnish to Mortgagee all renewaf notices and,upon request of Mortgagee,evidence of payment thereof.At least ten(10) days prior to the expiration date of a required policy,Mortgagors shall deliver to Mortgagee a renewal policy in form satisfactory to Mortgagee. d.Assignment of Policy. If tMe Mortgaged Property is sold at a foreclosure sale or if Mortgagee shali acquire title to the Mortgaged Property,Mortgagee shall have all of the right,title and interest of Mortgagors in and to any insurance policies required hereunder,and the unearned premiums thereon,and in and to the proceeds thereof resulting from any damage to the Mortgaged Property prior to such sale or acquisition. e.Notice of Damage or Destruction;Adjusting Loss. If the Mortgaged Property or any part thereof shall be damaged or destroyed by fire or other casualty,Mortgagors will,within five(5)calendar days after the occurrence of such damage or destruction,give written notice iherec�f to the insurance carrier and to Mortgagee and will not adjust any damage or loss which is estimated by Mortgagors in good faith to exceed$25,000 unless Mortgagee shall have joined in or concurred with such adjustment;but if there has been no adjustment of any such damage or loss within four(4) months from the date of occurrence thereof and if an Event of Default shall exist at the end of such four(4)month period or at any time thereafter,MoAgagee may alone make proof of loss,adjust and compromise any claim under the policies, and appear in and prosecute any action arising from such policies.In connection therewith,Mortgagors do hereby irrevocably authorize,empower and appoint Mortgagee as attorney-in-fact for Mortgagor(which appointment is coupled with an interest)to do any and all of the foregoing in the name and on behalf of Mortgagors. f.Application of Insurance Proceeds. All sums paid under any insurance policy required by this Mortgage shaii be paid to Mortgagee,which shall,at its option,apply the same(after first deducting therefrom Mortgagee's expenses incuned in collecting the same inciuding but not limited to reasonable attomey's fees)to the reduction of the Obligations or to the payment of the restoration,repair,replacement or rebuilding of Mortgaged Property that is damaged or destroyed in such manner as Mortgagee shall determine and secondly to the reduction of the Obligations.Any application of insurance proceeds to principal of the Obligations shall not extend or postpone the due date of the installments payable under the Obligations or change the amount of such instaliments. g.Reimbursement of Mortgagee's Expenses. Mortgagors shall promptly reimburse Mortgagee upon demand for aII of Mortgagee's expenses incurred in connection with the collection of the insurance proceeds,including but not limited to reasonable attomeys fees,and all such expenses shall be additional amounts secured by this Mortgage. 11.Inspection. Mortgagee,and its agents,shall ha4e the righf at all reasonable times,to enter upon the Mortgaged Property for the purpose of inspecting the Mortgaged Property or any part thereof. Mortgagee shall,however,have no duty to make such inspection.Any inspection of the Mortgaged Property by Mortgagee shall be entirely for its benefit and Mortgagors shall in no way rely or claim reliance thereon. 72.Protection of Mortgagee's Security. Subject tc the rights of Mortgagors under paragraph 8 hereof,if Mortgagors faii to pertorm any of the covenants and agreements contained iri this Mortgage or if any action or proceeding is commenced which affects the Mortgaged Property or the interest of the Mortg:�gee therein,or the title thereto,then Mortgagee,at Mortgagee's option, may pertorm such covenants and agreements,defend against or investigate such action or proceeding,and take such other action as Mortgagee deems nec�ssary to protect Mortgagee's interest.Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph 12 with interest thereon at the rate of 10%per annum,shalt become an Obligation of Mortgagors secured by this Mortgage.Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagors unless Mortgagors and Mortgagee agree in writing to other terms of repayment.Mortgagee shall,at its option,be subrogated to the lien of any mortgage or other tien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof,and any such subrogation rights shall be additional and cumulative security for this Mortgage.Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder,a�d Mortgagee shall not be liable to Mortgagors for any damage or claims arising out of action taken by Mortgagee pursuant to this paragraph. 13.Condemnation. Mortgagors shafl give Mortgagee prompt notice of any action,actual or threatened,in condemnation or eminent domain and hereby assign,transfer and set over t�Mortgagee the entire proceeds of any award or claim for damages for all or any part of the Mortgaged Property taken or damaged under the power of eminent domaln or condemnation.Mortgagee is hereby authorized to intervene in any such action in the names of Mortgagors,to compromise and settle any such action or claim, and to collect and receive from the condemning authorities and give proper receipts and acquittances for such proceeds.Any expenses incurred by Mortgagee in intervening in such act€on or compromising and settling such action or claim,or collecting such proceeds shall be reimbursed to Mortgagee first out of the proceeds.The remaining proceeds or any part thereof shall be applied to reduction of that portion of the Obligations then most remotely to be paid,whether due or not,or to the restoration or repair of the Mortgaged Property,the choice of applicatlon to be solely:at the discretion of Mortgagee. 14.Fixture Filing. From the date of its recording,this Mortgage shall be effective as a financing statement filed as a fixture filing with respect to the Personal Property and for this purpose the name and address of the debtor is the name and address of Mortgagors as set forth in paragraph 20 herein and the name and address of the secured party Is the name and address of the Mortgagee as set forth in paragraph 20 herein. 15.Events of Default. Each of the following occurrenCes shall constitute an event of default hereunder("Event of Default"): a.Mortgagors shall default in the due observan.�e or performance of or breach its agreement contained in paragraph 4 hereof or shall default in the due observance or performance of or breach any other covenant,condition or agreement on its part to be observed or performed pursuant to the terms of this Mortgage. b.Mortgagors shall make an assignment for the benefits of its creditors,or a petition shall be filed by or against Mortgagors under the United States Bankruptcy�ode or Mortgagors shall seek or consent to or acquiesce in the appointment of any trustee,receiver or liquidator of a material paR of its properties or of the Mortgaged Property or shall not,within thirty(30)days after the appointment af a trustee,receiver or liquidator of any material part of its properties or of the Mortgaged PropeRy,have such appointment vacated. c.A judgment,writ or warrant of attachment or execution,or similar process shall be entered and become a lien on or be issued or levied against the Mortgaged Property or any part thereof which is not released,vacated or fully bonded within thirty(30)days after its entry,issue or levy. d.An event of default,however defined,shall o�:cur under any other mortgage,assignment or other security document constituting a lien on the Mortgaged Property or,�ny part thereof. 16.Acceleration;Forectosure. Upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists,Mortgagee may,at its option,after such not�ce as may be required by law,exercise one or more of the following rights and remedies(and any other rights and remedies available to it): a.Mortgagee may declare immediately due ancl payable all Obligations secured by this Mortgage,and the same shall thereupon be immediately due and payable,without further notice or demand. b.Mortgagee shall have and may exercise with respect to the Personal Property,all the rights and remedies accorded upon default to a secured party under the lowa L'niform Commercial Code. If notice to MoAgagors of intended disposition of such property is required by law in a paAicular instance,such notice shall be deemed commercially reasonable if given to Mortgagors at least ten(10)days prior to the date of intended disposition. c.Mortgagee may(and is hereby authorized and empowered to)foreclose this Mortgage in accordance with the law of the State of lowa,and at any time after the comniencement of an action in foreclosure,or during the period of redemption,the court having jurisdiction of the case shall at the request of Mortgagee appoint a receiver to take immediate possession of the Mortgaged Propert�and of the Revenues and Income accruing therefrom,and to rent or cultivate the same as he may deem best for the interest of all parties concerned,and such receiver shall be liable to account to Mortgagors only for the net profits,after application of rents,issues and profits upon the costs and expenses of the receivership and foreclosure and upon the Obligations. ' t7.Redemption. It is agreed that if this Mortgage c�vers less than ten(10)acres of land,and in the event of the foreclosure of this Mortgage and sale of the property by sheriffs sale in such foreclosure proceedings,the time of one year for redemption from "`� said sale provided by the statues of the State of lowa shaf be reduced to six(6)months provided the Mortgagee,in such action �� files an election to waive any deficiency judgment against MoRgagors which may arise out of the foreclosure proceedings;all to be consistent with the provisions of Chapter 628 of the lowa Code.If the redemption period is so reduced,for the first three(3)months after sale such right of redemption shall be exclusive to the Mortgagor,and the time periods in Sections 628.5,628.15 and 628.16 of the lowa Code shall be reduced to four(4)months. It is further agreed that the period of redemption after a foreclosure of this Mortgage shall be reduced to sixty(60)days if alI of the th•ee following contingencies develop:(1)The real estate is less than ten (10)acres in size;(2)the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this Mortgage at the time of such foreclosure;and(3)Mortgagee in such action files an election to waive any deficiency judgment against Mortgagors or their successors in interest in such action.If the redemption period is so reduced, Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty(30)days after such sale,and the time provided for redemption by creditors as provided in Sections 628.5,628.15 and 628.16 of the lowa Code shall be reduced to forty(40)days.Entry of appearance by pleading or docket entry by or on behalf of Mortgagors shall be a presumption that the property is not abandoned.Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the lowa Code.This paragraph shall not be construed to limit or othenvise affect any other redemption provisions contained in Chapter 628 of the lowa Code. 18.Attorneys'Fees. Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee in enforcing or protecting its rights and remedies hereunder,including,but not limited to,reasonable attorneys'fees and legal expenses. 19.Forbearance not a Waiver,Rights and Remedies Cumulative. No delay by Mortgagee in exercising any right or remedy provided herein or othenvise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy,and no waiver by Mortgagee of any particular provisions of this Mortgage shall be deemed effective unless in writing signed by Mortgagee.All such rights and remedies provided for herein or which Mortgagee or the holder of the Obligations may have otherwise,at law or in equity,shall be distinct,separate and cumulative and may be exercised concurrently,independently or successively in any order whatsoever,and as often as the occasion therefor arises. 20.Notices. All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the United States mail,postage prepaid,sent certified or registered,addressed as follows: a.If to Mortgagors,to:Duaine H.and Jane M.Greenfield,198 Main Street,Dubuque,lowa 52001 b.If to Mortgagee,to:Community 8 Economit Development Deparlment City Hall;50 West 13th St.;Dubuque,lowa 52001 or to such other address or person as hereafter designateA in writing by the applicable party in the manner provided in this paragraph for the giving of notices. 21.Severebility. In the event any portion of this Mortgage shall,for any reason,be held to be invalid,illegal or unenforceable in whole or in part,the remaining provision=_shall not be affected thereby and shall continue to be valid and enforceable and if,for any reason,a court finds that any provision of this Mortgage is invalid,illegal,or unenforceable as written, but that by limiting such provision it would become valid,IFga1 and enforceable then such provision shail be deemed to be written, construed and enforced as so limited. 22.Further Assurances. At any time and from time to time until payment in full of the Obiigations,Mortgagors will,at the request of Mortgagee,promptly execute and deliver to Moigagee such additional instruments as may be reasonably required to further evidence the lien of this Mortgage and to further prc>tect the security interest of Mortgagee with respect to the Mortgaged Property,including,but not limited to,additional security agreements,financing statements and continuation statements.Any expenses incurred by Mortgagee in connection with the re��ordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage.Such amounts shaF be immediatefy due and payable by Mortgagors to Mortgagee. 23.Successors and Assigns bound;Number;Gender;Agents;Captions. The rights,covenants and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives,successors and assigns of the parties.Words and phrases contained herein,including acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender according to the contexts.The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be csed to interpret or define the provisions hereof. 24.Governing Law. This Mortgage shall be governed by a�d construed in accordance with the laws of the State of lowa. 25.Release of Rights of Dower,Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. 26.Acknowtedgment of Receipt of Copies of Debt Instrument. Mortgagors hereby acknowledge the receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby. 27.Additional Provisions. /�Dated:July 22,19 �Duaine H.Green ield,M agor J ne M.Greenfiel ,Mort a or 9 9 9 I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Dated: STATE OF IOWA ss' COUNTY OF DUBUQUE On this July 22,1998,before me,the undersigned,a Notary Public,personally appeared Duaine H.and Jane M.Greenfield to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that they executed the same as their voluntary act and deed. � ��� �.�'`v AGNES Y.KRAMER Agnes Kramer, Notary Public �. MY M ISSION EXP3RES -�"-�00 ii ii i i i ii i ii i ii ii ii ii i ii i ii iiii ii ii ii i i ii Doc ID: 008598130001 Type: GEN Kind: RELEASE OF MORTGAGE Recorded: 02/28/2017 at 03:00:44 PM Fee Amt: $7.00 Paqe 1 of 1 Dubuque County Iowa John Murphy Recorder Fi1e2017-00002268 Prepared by and return to: Jill Connors, Economic Development Department, 50 W. 13t'' Street, Dubuque, IA 52001, (563) 589-4393 RE: Southerly'/2 of Lot 4A in the City of Dubuque, lowa, and all buildings, structures and improvements now standing or at any time hereafter constructed or placed upon the Land (the "Buildings"), including all hereditaments, easements, appurtenances, riparian rights, mineral rights, water rights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates and other rights and interests now or hereafter belonging to or in any way pertaining to the Land. RELEASE OF REAL ESTATE MORTGAGE The City of Dubuque, lowa, Economic Development Department, the present owner of the Real Estate Mortgage hereinafter described and encumbering the above-described real estate, hereby acknowledges that said Real Estate Mortgage, bearing date of the 23�d day of July, 1998 made and executed by Duaine H. and Jane M. Greenfield, mortgagors to the City of Dubuque Community& Economic Development Department, mortgagee and recorded in the records of the office of the Recorder of the County of Dubuque, State of lowa, as Instrument No. 11554-98 on the 23�d day of July, 1998 is redeemed, paid off, satisfied and discharged in full. Dated this 28th day of February, 2017. City of Dubuque, lowa By: Michael C. Van Milligen City Manager City of Dubuque State of lowa ) ) ss: Dubuque County ) On this 2C� day of F.(kJruac�./ ZOI�? , before me, a Notary Public, in and for the state of lowa, personally appeared Michael C. Van Milligen, to me personally known, and, who being by me duly sworn, did say that he is the City Manager of the City of Dubuque, lowa; and that the instrument was signed on behalf of the said City of Dubuque, lowa, by Michael C. Van Milligen, City Manager and that said Michael C. Van Milligen, acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the City of Dubuque, lowa, by it voluntarily executed. Notary Public in and for said � � ; ' " �--.-� a� County and State � � r � ` � , �g H ��' � � s ..-... . � z� .,�.zq ..,��tt �,C;��➢�fY�—i��=�� �� .,,, _�.- <� ii ii i i i ii ii i i i i ii i i i i i i i ii iii ii i i ii Doc ID: 008598140001 Type: GEN Kind: RELEASE OF MORTGAGE Recorded: 02/28/2017 at 03:00:59 PM Fee Amt: $7.00 Paqe 1 of 1 Dubuque County Iowa John Murphy Recorder Fi1e2017-00002269 Prepared by and return to: Jill Connors, Economic Development Department, 50 W. 13�'' Street, Dubuque, IA 52001, (563) 589-4393 RE: North 16 feet 9 and '/ inches of lot 77A and the South 10 inches of Lot 77 in the City of Dubuque, lowa, and all buildings, structures and improvements now standing or at any time hereafter constructed or placed upon the Land (the "Buildings"), including all hereditaments, easements, appurtenances, riparian rights, mineral rights, water rights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates and other rights and interests now or hereafter belonging to or in any way pertaining to the Land. RELEASE OF REAL ESTATE MORTGAGE The City of Dubuque, lowa, Economic Development Department, the present owner of the Real Estate Mortgage hereinafter described and encumbering the above-described real estate, hereby acknowledges that said Real Estate Mortgage, bearing date of the 23�d day of July, 1998 made and executed by Duaine H. and Jane M. Greenfield, mortgagors to the City of Dubuque Community& Economic Development Department, mortgagee and recorded in the records of the office of the Recorder of the County of Dubuque, State of lowa, as Instrument No. 11555-98 on the 23�d day of July, 1998 is redeemed, paid off, satisfied and discharged in full. Dated this 28th day of February, 2017. City of Dubuque, lowa By: Michael C. Van Milligen City Manager City of Dubuque State of lowa ) ) ss: Dubuque County ) On this Z�day of �� r�� � , before me, a Notary Public, in and for the state of lowa, personally appeared Michael C. Van illigen, to me personally known, and, who being by me duly sworn, did say that he is the City Manager of the City of Dubuque, lowa; and that the instrument was signed on behalf of the said City of Dubuque, lowa, by Michael C. Van Milligen, City Manager and that said Michael C. Van Milligen, acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the City of Dubuque, lowa, by it voluntarily executed. ��;�:.�._��,�.,�,, , _.�.�_-,:�.-.�.�., / Notary Public in and for s id ; ,� ,� � L;s:S � � ,Q(.� � � � ' �ri :;>i is.��(�� � �R? z � o � � � �-XP".�f,"�,a���1.i ���1f>%1 f'�'f', . �.,.