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Claim by Mortgage Electric_Debra A. YoungJ ~ IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. SOLELY AS NOMINEE FOR FIELDSTONE MORTGAGE COMPANY, Plaintiff, vs. DEBRA A. YOUNG, SPOUSE OF DEBRA A. YOUNG, TRI-STATE ADJUSTMENTS FREEPORT, INC., HOUSEHOLD FINANCE INDUSTRIAL LOAN COMPANY OF IOWA, CITY OF DUBUQUE, and PARTIES IN POSSESSION, Defendants. C~ ._.,, ~' rJ ~ r°n 'G ' C q !~ ~rj ~ '``. -- o , n y ~ `~' c~ TO THE ABOVE-NAMED DEFENDAhNT: City of Dubuque You are notified there was on the Z. ~ ray of ~ ~ ~ ~ 2007 filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is Matthew E. Laughlin, whose address is The Financial Center, 666 Walnut Street, Suite 2500, Des Moines, Iowa 50309-3993, Phone: (515) 288-2500, Facsimile: (515) 243-0654. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Dubuque County, at the county courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 563-589- 4433. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) EQUITY NO. l? l 3 1 1 ~ (,~ (, V ~ q (, ~1 1~ ORIGINAL NOTICE /~1n _-- Clerk of the above Court Dubuque County Courthouse Dubuque, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR TNTTi i?FCTC #5776>8 -- IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. SOLELY AS NOMINEE FOR FIELDSTONE MORTGAGE COMPANY, EQUITY NO. ~ 13 l (E (~ C V (~ ~ L~ `11 °) Plaintiff, vs. DEBRA A. YOUNG, SPOUSE OF DEBRA A. YOUNG, TRI-STATE ADJUSTMENTS FREEPORT, INC., HOUSEHOLD FINANCE INDUSTRIAL LOAN COMPANY OF IOWA, CITY OF DUBUQUE, and PARTIES IN POSSESSION, Defendants. NOTICE ra ~_.'7 .-.J l_ -y_; --~T mac; f ,' ~ ~r~ - , ; C ~ i ~_._ m ~-, r.~ o_.._ ~ ~,.; cr i C - ~' -~ { i -~ - ":` '~ c ? c~ ; _~ ca -_:~ ,~- ~:.:~ iw~ 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 A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTI' IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT AONE-FAMILY OR TWO- FAMILYDWELLING. 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, Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldstone Mortgage Company, and respectfully states to the Court the following as its cause of action against the Defendants: FORECLOSURE PETITION #1473825 1. The Plaintiff, Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldstone Mortgage Company, 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 an agricultural purpose. "I'he mortgaged property is aone-family or two-family dwelling. 2. The Plaintiff, Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldstone Mortgage Company, is a corporation duly authorized to transact business in the State of Iowa. 3. The Defendants, Debra A. Young and Spouse of Debra A. Young, may be a married couple and are residents of Dubuque County, Iowa. 4. The Defendant, Tri-State Adjustments Freeport, Inc., is joined as a party to this action because it inay 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 judgment entered August 26, 2005 in Case No. SCSC055190. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 5. The Defendant, Household Finance Industrial Loan Company of Iowa, 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 entered August 16, 2006 as Document No. 2006-12637. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 6. 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 ~~~hich is the subject of this action including but not limited to by virtue of a judgment entered September 7, 2007 in Case No. CICV060423. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 7. 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 due to the fact that the Plaintiff is credibly informed and believes that they may be tenants in possession of the property the subject of this cause of action. The Defendants' rights to the property which is the subject of this action are junior to the Plaintiff. 8. On or about April 13, 2004, the Defendant, Debra A. Young, executed and delivered to Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldstone Mortgage Company, one certain Promissory Note in the principal sum of Seventy Thousand Six Hundred Fifty and 00/100 Dollars ($70,650.00). A copy of the Note is attached hereto as Exhibit "A" and by this reference incorporated herein. 9. To secure payment of the Note, the Defendant, Debra A. Young, executed and delivered to Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldstone Mortgage Company one certain Mortgage dated April 13, 2004, which Mortgage was filed on May 3, 2004, in Document No. 7391-2004 of the Dubuque County Recorder's Office, upon the following-described real estate, to-wit: Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot 2 in L.H. Langworthy's Subdivision in the City of Dubuque, Iowa 10. A copy of the Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit "B" and by this reference incorporated herein. ~, -- - -- 11. The Mortgage and Note provides that in case~of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 12. The Defendant, Debra A. Young, has failed to pay the Note and interest thereon as provided by the terms of the Note. 13. By reason of the failure to pay the Note 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. 14. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of Sixty-eight Thousand Six Hundred Seventy-four and 44/100 Dollars ($68,674.44), which is the principal balance, plus interest calculated at the default rate of 8.100% per annum from June 1, 2007. Interest accrues on the said sum at the rate of $15.24 per day. 15. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of $175.00, escrow advances, corporate advances, and late charges of $78.51, to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 8.100% per amium, 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. 16. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has been made for payment, and payment has been refused, 4 -- -_ . _ __ _ _ 17. Under the terms of the Mortgage a receiver may be appointed. 18. The Plaintiff gave a Notice of Right to Cure and more than thirty (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. 19. The Plaintiff hereby waives their right to a deficiency judgment. 20. Under the terms of said Note and Mortgage, the Defendant, Debra A. Young, agreed to pay 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 (2003). WHEREFORE, the Plaintiff, Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldstone Mortgage Company, prays for judgment in rem against the real estate described above, for the sum of Sixty-eight Thousand Six Hundred Seventy-four and 44/100 Dollars ($68,674.44), which is the principal balance, plus interest thereon at the rate of 8.100% per annum from June 1, 2007, such amount equaling $15.24 per day, the costs of this action, including title costs of $175.00, escrow advances, corporate advances, late charges of $78.51, 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 and that said sums be declared a lien upon the premises above described fi•oin April 13, 2004, 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 5 - -- ... much thereof as maybe 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 the 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. ATTORNEY FOR THE PLAINTIFF 6 The r mancial l:enter 666 Walnut Street, Suite 2500 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 U 1 !`} (G `b ~vcE 4427205420 .__.. _:,. ~ _ _~. '°.~°~.:~`.S~e~'~i`e`dsul ~~=lnd~~"= Rdte-OapS7-~. ~ -~~ ..~ _...~ THIS !VOTE CONTAINS PROD{SIGNS ALLOWING FOR CHANGES IN MY INTERI=ST RATE ---gN'D~-(171Y -11r0-JTHLY P~;'(N(E'NT. -THIS -NOTE`-~L(MITS-:THE AMOU"NT :iVIY--1NTEPtEST---E`;ATE _ G'AN CHANaE AT ANY ONE TIfVIE AND THE MAXIMUM RATE I MUST PAY. April 1~ 2004 CEDAR RAPIDS IOWA ~LateJ ~Cityl ~stlltcl 120 CLARY;.E DRIVE, DUBUQUE, Iowa 520D1 ~1'ropc:rty AddressJ l . BURRO`~fER'S PRUNIISE TO PAY hi return for a loan that I have received, 1 promise to pa}~ U.S. S 70, 650.00 (this tunount is called "Principal"), plus interest, to the order of die Lender. The Lender is FIELDSTONE MORTGAGE COMPANY 1 will make al] payments under this Note in the form of cash, cheek or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.100 ;~. The interest rate I will pay will change in accordance wid7 Section 4 of this Note. The interest rate required by this Section 2 and Sectiozi 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. PAYl\~IENTS (A) Time and Place of Payments 1 will pay principal and interest b}~ making a payment every month. I will make my monthly payment on the first day of each month begiiuung on June 1 2 004 I will make these payments every month until I have paid al] of the principal and interest and any other charges described below dial I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 1, 2 0 3 4 , I still owe amounts under dlis Note, I will pay dlose amounts in full on drat date, which is called die "Maturity Date. " 1 will make zny mondlly payments at 11000 BROKEN LAND PKWY, #600 COLUMBIA, MD 21044 or at a different place if required by the Note Holder. (Bj Amount o1' 1l~Iy Initial Monthly Payments Each oI' my iiutial mondlly payments will be in the amount of U.S. ~ 52 3 . 3 4 .This tunount may change. (C) Monthly Paymeni Changes Changes in m_y mondlly payment will reflect changes in die unpaid principal of my loan and in die interest rate that I must pay. The Note Holder will determine my new interest rate and dle changed tunount of my znondily payment in accordance wide 5eaion 4 of this Note. MULTISTATE ADJUSTABLE PATE NOTE Fannie Mae 4-215.2/6-2 ARM ARM 5-2 -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -822N lozoz; Form 3502 VDT U VIJi° IdJnTGquc 'rORldb f80U~52'~-':'_9 i ~, Floe '~ c: c Inll;als _~/j/~~ [-//{V[f~_ - E~i1BiT Sn ,v a ~ ' 4 INTEREST RATE ANTD N1ONTHL~' PA]']]'TENT CHANGES (A) Ctlange Dates bSa 2 0 0 9 The inter a rate ]will pa} may change oi, dre til s~ d l~ o} Y and oti Wa day e~ r~~ ; 2t ntoutl e _T ri,~ t;~ft~ =E;ia1, date zir~ valv~z rll~ ~rlc~r.~ct xate_:.ruuld..uh~ij~sss,aLltcL~..Gl~~~?s~~- L~rt - -- --- --- -~. _ _- . 4 B~ The Index =Begitiiiiiig a%di the first_C11ai?geDate.;~ny~tlttreSti~tt~ Htll.l?e_:b~i5ecl_cm,~nllicle~, _Tlre :lode,' as tiie_vresl,ly'_.~verace vxeld on United States Treasury securities adjusted to a constant maturity of one year; as made available by the Fed..ral RCServe Board. Ttie must recent 1ihc1F x figut e. available-as-cif' tlhe=date=.45 da3~s-before each~.G'llan`.;c.D itr is-.:.called .tla~ .rurz~tit:Ittdo;t. ° - -° li the hhdex is no longer available, the Note Holder will choose a nev tudex whicl~~ is based upon comparable mfornlation The lvote Holder w+ill give me notice of this choice. (C) Calculation of Changes Before each Change Date, the ]Vote Holder will calculate nit' new interest rate by adding percentage points ( 5.575 ~~+,j to tll~ Current hide>:. Tlie Note Holder will then round the result of this addition to the nearest one-eighth oi' one percentage polar (0.125 ~). Subject to the limits stated in Section 4lD) below, this rounded ~umount will be my new interest rate until the next Change Date. The Note Holder will then determine the anhount of the monthly payment drat would be sufficient to repay the unpaid principal drat I atn expected to owe at die Change Date in full on die Maturity Date at nit' new interest rate to substantially equal payments. The result of dhis calculation will be dhe new ~unount of nhy monthly payment. (D) Limits on Interest Rate Changes The interest rate l atn required to pay xt die first Change Date will not be greater than 10 .100 +~+, or less t7an 8 .100 ~. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more dean two percentage points (2.0%) from dle rate of interest 1 have been pa}+ing for die preceding 12 months. T\~y interest rate will never be greater than 14.100 % My interest rate will never be lower than 8.100 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay tle amount of my new monthly payment be~~imung on the first monthly pa}anent date after die Change Date until tle anzount of my montzl}+ payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in nhy interest rate and die amount of my monthly payment before die effective date of any change. The notice will include information required b}+ 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 die right to make payments of Principal at any time before diet' are due. A payment of Principal othly is laiown as a "Prepayment. " When I make a Prepayment, I will tell the Note Holder in writing dial 1 atn doing so. I may not designate a payment as a Prepayment if I have not made all dle monthly payments due under the Note. I nhay make a full Prepayment or partial Prepayments without pa}+ing a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, beibre applying my Prepayment to reduce tie Principal tumount of the Note. If I make a partial Prepayment, Here will be no changes in tie due dates of my nuintlly payment uthless tie Note Holder a~*.rees in writing to those changes. My partial Prepa}anent may reduce tie ammount of my montlly payments after the first Change Dale following my partial Prepayment. However, any reduction due to m}+ partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so dhat the interest or odher loan charges collected or to be collected in comhection witi this loan exceed the permitted limits, dhen (a) any such loan charge shall be reduced by dhe unount necessary to reduce the charge to t1e permitted limit, and (b) any sutras already collected fYom Form 3502 1/0~ -E22N 10202] Fade 2 01 < InlUal~ C me wh;cL exceeded permuted limits will be refwlded to n,r Thr NDt~ 1-folder ,iitn~ choose to rr,ak: thl;, refund b~~ reau:.•ing rife Principal I owe under [his Ivute or by lnakiu~~ a direr! pa}mten: to llr~ if ~; refunCi r~duce~ F'rin::rpal, ttte reduction will 'b: neared as a partial Prepayment. a ~. - - p. - _ _ -- _ ... _ ~ -~ ~. ~,__ _- IltlR~7C1'}~irEl2t:~-i .~ILU~, 7'O P.~1'~"'~?tS RE~.UIk.I/) _.. _. ~° _ _ ____ ._. __. . _.._ _.___._ ~-_ . _.~__._ ___ . -~:- (A) Late Charges for O~ crclue Payments _ - -_ - - - - 7`f 17ir-Norte Helderhati not~ecelved d7eMull ~unouut-of an_ti~ moirthly Pa}~inerit br tilt: end of _. - _ --- ctleridar-dt~ys after tl~te date ,l [s due, 1 will pay t; it,te charge to the Note Holder The [unount of the charge will be 5 . UO ~ ol~ ley overdue ptiynieitt of principal and interest-1-~~~cl•}~~~,y this face charl~e promptly-but only-once ~or; earl; late-paynleut:= (Q) Uel'ault if 1 do not pay die full ~mx,unt of each n,untlily payment on the date tt is due, ]will be in default (Cj Notice of Dei'ault if ] gun in default, the Note Hoiden Wray send nie a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require lee to pay inmtediately the full unount of Pnucipal which has not been paid and all the interest that l owe on that ~unount. That date must be at least 30 days after the date ot~ which the notice is mailed to lee or del;vered by other means. (Dj No \~~aiver B} Note Holder Even if, at a time when I ale ill dei'ault, the Note Holder does not require lee to pay inunediately iti full as described above, the Note Holder will still have the right to do so if I ani in default at a later time. (E) Payment oi' Note Holder's Costs and Expenses If the Note Holder has required me to pay inunediately in full as described above, the Note Hoiden will have die right to be paid back by me for all of its costs and expenses in enforcing this Note to die e~.tent riot prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Ut>Zess applicable law requires a different method, any notice that must be given to me under this Note will be given b}' delivering it or by mailing it by first class mail to me at the Property .4ddress above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering, it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I ani 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 persol~llly obligated to keep all of the promises made 111 fills Note, including the promise to pay file full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in [his Note. The Note Holder may enforce its ri~_*hts under this Note against each person individually or against all of us together. This means that an}~ one of us may be required to pay all of the amounts owed under this Note. 10. y~'AIVERS I and any other person u~ho has obligations under this Note waive the rights of Presenment 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. 17. UNIFORR~ SECURED NOTE This Note is a urdforni inst[ument with limited variations in some jurisdictions. 11; addition to rife protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (tile "Security lnstnunent"), dated the same date as this Note, Form 350/2/~1 /"I~/,'D$('1~' -822N 102G2~ Faoe 3 c' ~ Irnha~s y~+¢---(-- G - (v) prutecc thr Not: Holder iron: possible losses vvhi;a; n?i!~ht result ii 1 c't,, not keep die promnses which 1 male ire this Note. That Securit~~ instrumem descri:nes i~,ov,~ and under wl~ia; conditions 1 ma+ be required to make imn,edtat~ payment rn full 01 al; ~uounts 1 owr unne~ tuts Nutc Sons o~ [hose c,onditioii~ tie d ~ rrheC ~, iollow\ - 1 zJl~z-- i~~ ~ ~~ -dz~' ~r~~~ \ oT:a171 lrt~a s ~ a u tlic; Pro~ertt ~ ~c,lcl ~„ tc~ttrsre~~~~~.rf ~ttra-o ~t~-,~at~~- ~, _ _ . ~. ---- ~ i~tcu.ul~pertior, -aud -a~~~rrefla1~11=`=t2te~,;st,-fn B`~>•rnv,ter is°` =sbT~"or°d.ari>?rec'1~,.,~.t .~o~'CI""'>z~-~~'~e. ?c~~~.~1~~[~ _;;:: __ _ et~nsent, Leaaer ma} require munedr~ue p~iyment in full of all stuns secured b}~ this Security hzsu-tnnent. - - -H-bive~~er,-this option shall not-b~ exerctsedthy~sender it suel,-exer_cise~s~roiiibeed by=A}~Plit;abl~--Lam-, Lender- --- --: ,1tiu,tinall not e~ercisr this option if (d~ Bon-ower c.~tuse; u, be submitted to Lenae~ inforn>atioii required by Leiide, ib-evaluafe°tne rtltended-'transtei ee'as if ~a~lew loan-were ~b.,in~-wade--to- the Eratl~~eree;.. and.. (b)=Leii er -_~ F. re;asorl~,bl1~ c}etemrines tiza! Lender's securit} will not be mzpaired by the load assuntptioi; a„d that tl,e nsk of a breach of an_v arvenant or agreement in this Security Instrument rs acceptable to Leader. To the extent pennt[tecl by Applicable Law, Lender may charge a reasonable fee as a condition to Letrder's consent u, the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that oblrgates the transferee to keep all the pron~tises and agreements made ,n the Note and ui this Securtt}~ lnstrunrent. Bon-ower will continue to be obligated under the Note and dns Security h7struuient utlless Lender releases Borrower in writing if Lender exercises tl>e option to require innnecliate payment in fuli, Lender shall give Borrover notice of acceleration The notice shall provide a penod of not less than 30 days from d>.e date Uie notice is given in accordance with Section 15 within which Borrower must pay all stuns secured by this Security lnstrunent. If Borrower fails to pay these sums prior to the expirat,on of this period, Lender may involve any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) Or THE UNDERSIGNED. ~e,~ ~ `' (Seal) (Seal) -Borrower -Borrower DEBRA P. YOUNG (Seal) -Borrower (Seal) -Borrower (Seal) ""'" -Bon•ower buy To The Order Of Y11Rh~JUi 1 i~.;COUISe Fieitlstorie.fi~l~,rl~ar~Q vom~,any ~y `~ ~~ 822N ro2o~ n~;'TrI~, ~ . ;LYB!..~I~\I~ ~aoe 4 0' ~ _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) Borrower Sign Originn.l Onh~J Form 3502 1/01 lJ l~i~~ L~'~ 4G272 ~'~4~t ~~; - -~ +'-r ftir I~,I~ Prepared B5 -_ _ - ,-I ~ L~J,,JO>J~ :.0.. IUV,.., r ~~,, kATHI' BERNIARD -- -_ .~:.. ,._ -~---- ri l _ FIELDSTONE MORTGAGE COMPANY .~ ~ ~~1 (~ ~x~2~Y~~~~_y 972-370-2538 ((( 1701 Legacy Dr. #1200 Return 70; I'riseo, TX 75034 FIELDSTONE MORTGAGE COMPANY 11000 BROKEN LAND PKWY, #600 COLUMBIA, MD 21044 Syxcc Abuvc 'Plus Lurc Por ltecnrdurg Dal.>] I~ORTG~GE 1vIIN DEFINITIONS 100052644272054263 Words used in multiple sections of this document are detlned below and other words are defined in Sections 3, 11, 13, 18, 20 and ? 1. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this doctunent, which is dated together with all Riders to this document. (B) "Borrower" is DEBRA A YOUNG, A SINGLE PERSON„ Borrower is the mortgagor under tlis Security Insuwnent. Apri.1 13, 2004 IOWA-Single Family- Fannie Mae/Freddie Mac UMFORM INSTRUMENT WITH MERS -6A{IA) (ooos~ Page '~ o; 15 Initials VIdF IJiORTGhGE FORIdS ~ (600;521-7291 E~H1BiT D ~ ~~ _- Form 30'16 "1!0'1 __ ~~~ "n I ~ ~;:,~° i;.,-trlon~.~~u E1~cuoiu~ Re~tst ~tttan 4~s t~tsl~ In:. ~vtF~:~ ~. ~ ~..pa...3.t~ ~.tt~ca~ Gtt1s11r tu~tl t _ ~ac.i~u ,.,! .~~-a"~t~c~.~Ll ~ t ~ P _) ~;endo'l~d~i~ L~tid~~~ ~,IrCCO~~'Flr~ a ~_.._. ,:,~ _ __ ,_ _ _ k. this ~ec.urit}~ Instrument. A1ERS is otgatuzed and existing t~nd~r the la~tits of Delaware, atld has ar, adar„ss _ _.-_ _. .._ ____. _,--- _._.ai~_cL~~l~pl~atz~iiua~iber_o~::Q:.J3.oa_~Q''6:.~Iiilt.>.1~%~~4?;~C)1-2026::~e1.~S88jfi79:I1~EP~S:. _ _ _ (D) "Lender" is FIELDSTONE MORTGAGE COMPAhTY Lender is a CORPORP_TION A'iARYLAND organized and existing under the laws of Lender's address is 110 0 0 BROI.EN LAND PKWY , # 6 0 0 COLUMBIA, MD 21044 (E) "Note" means the promissory note signed by Borrower and dated April thirteenth, 2004 The Note states that Bon~ower owes Lender SEVENTY THOUSAND SIY. HUNDRED FIFTY & 00/100 Dollars (U. S. S~ ~ D , 6 5 0 . 0 0 )plus interest. Borrower has promised to pay this debt in re«ular Penudic Payments and to pay the debt in full not later than ~;y 1, 2 0 3 4 (F) "Propert}~" means die property that is described below under die Beading "Transfer of Rights m the Property. " (G) "Loan" means die debt evidenced by the Note, plus interest; any prepayment charges and late char~~es due under the Note, and all stuns due under this Security Instrwnent, plus interes[. (H) "Riders" means all Riders to this Security lnstn.unent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): 0 Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider ^ Platuied Ut1ft Develo merit Rider ~ 1-4 Family Rider Ballooi; Rider P VA Rider ~ Biweekly Payment Rider ^ Other(s) [specify] (I) "Applicable La~a~" means all controlling applicable federal, state and local statutes, regulations, ordinances and adn>itiistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condomit>imm association, homeowners association or similar organization. ~~ (K) "Electronic Funds Transfer meads any transfer of funds, other than a transaction originated by checkk, draft, or similar paper instrument, which is itu[iated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenor includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (NI) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, die Property; (ii) condemnation or other taking of all or an}~ part of the Property; (iiij conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (I~) "Mortgage Insurance" nleatie insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "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. Initials _~~ V -6A(IA) boos; Pa~E z of is Form 3016 1/01 v atad - ,- z. " ~tutipl~,;.ic ? i tg reg.. to1~;, : :1'. .. t - . ,~ ',~ _ .. , • >~- - - - or arn~ additional ar successor legislanut; or regulation that governs the same subt..ct matter. As useu ,n us Seewtty__lu~trunlent RESPA refers to al] rec]utrement~ and rest~icton~ d1at.Gtre itxtpGsed iii ie,~ard to_a "federally related ti~orteage hoar," even if`-fhel;oat7 dries not qualrf} "as a fedorall}' related-fiOrtga~e-7oan" -arid; ~ IzESIJA --- _ _ _ --- - _ -- _ _ - -- (Qj "Successor-iti~riteresi ot'Borro«~et="'m..atis any part}'"dtat"lias-taken tttle-to die-Properr}~,v~~llellter-oriiot that party has assumed Bon~ower's obli~~attons under the IJotr and/or this Securit~~ lnstn.ul,~nt. TA.ANSFER OF R]GHTS 1N THE PROPERTY This Security lnstrtunent secures to Lender: (i) dte repayment of the Loan, and all renewals. extensions ~md rnodtficanons of the Note; and (ii) d~te performance of Borrower's covenants and agreements under this Security Instrument and the Note. For dlis purpose, Borrower irrevocably mortgages, grants and amveps [o VIERS (solely as nominee for Lender and Lender's successors and assigns) and to die successors and assigns of NiERS; wid, power of sale, die following described property located in die of Dubuque ITYp~ 01 Recording .lurisdictiou] lNxn,e o1'Itecording .lurisdictioi,] LOT 2 OF LOT 1 OF LOT 2 AND LOT 2 OF LOT 2 IN L.H.LANGWOP.THY'S SUBDIVISION IN THE CITY OF DUBUQUE, IOWP_; SITUP_TED IIQ DUBUQUE COUNTY, IOV7A Parcel ID Number: 120 CLARY.E DRIVE DUBUQUE ("Property Address"): which currentl}~ has the address of [Su•eetJ [City] , Iowa5 2 0 01 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on dle propert}~, and all easements, appurtenances, and fixtures now or hereafter a part of d1e property: Al] replacements and additions shall also be covered by this Security Instrument. All of die foregoing is referred to in this Security Instnunent as the "Property." Borrower understands and agrees that Iv1ERS holds only legal title to the interests granted by Bon~ower in this Security Instrument, but, if necessary to comply with law or custom., MFRS (as nominee for Lender and Lender's successors and assigns) has d1e right: to exercise an_y or all of those interests, including, but not limited to, the right to foreclose and sell die Property; and to take any action required of Lender including, but not limited to, releasing and canceling dais Security h~strutnent. BOP.ROVIER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that dle Properh~ is unencmnbered, except for enctunbrances of record. Borrower warrants and will defend generally the title to dZe Property against all claims and demands, subject to any enctunbrances of record. THIS SECURITY INSTRUMENT combines utufornl covenants for national use and non-urufonn covenants wtdl limited variations b}~ jurisdiction to constitute a utufornl security instrwnent coverine real property. i~~,~ai5 -6A(IA) boos; Fag` s ~' ~~ Form 3016 1lD1 G ~42?205426 _~_ t,-tl~iLF~}~,fvl C'QArEi*~f~l~T'~'fi -~sttiinwe ii ~i Lender ~o,+e17~t~t at1r1 a~i'~~~tr tctllzi~~ - g _ _ ,~ .:. .~_. _ -. _._ _ . _-- 7._~:h)gent;..of_~f?ilinc~7lal~=`It~tot'est,~. _.c~~bty 1~e1ns~--F?i>c1J,~)~n~ i ~11~~,E~'~Ct'd~~ lr~ew._~e: -_ ._ _ B.orrc~vvor sizali pay wirer due the principal o#, and inlelest _o~l, the debt evidene,ed by the la4te .and ~tny _-_ - prepavznent cl~irget~-aiZd rate-cid>•gi;s clue under -the-N:c~Ce. B~rra~uer shall also.:-pay-=:finds.~nr.~.~s~rp~_)tv~t,`~___. -__:---- pursuant to Section 3. Pa}+nlents due under the Note and tllit; Security It>struinent shall be made in U.S. currene}+:-However,-r~ arry c,heel:-or other tnstruin~ilt receivcci=-by 1:.eiider--as payment==under--dle~Note-or rs_. __ _ _ Secunty lnstruuien( is returned to Lender unpaid, Lender Witty require that any or all subsequent payments due under the Note and this Secunt~~ lnstrunrent be made ut one or more of dne following funds, as selected by Lender (a) cash; (b) money order, (c) certified eheclc, bard: cheer., treasurer's check or cashier's check, provided tut}~ such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designtnted in die Note or at such odner locatum as may be desi«tuted by Lender in accordance wide tl~ie notnce provisions in Section 15. Lender may return any payment or partial pa}+ment if die payment or partial payments are insufficient to bring die Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudnce to tts rights to refuse such payment or partial payments in the future; but Lender is not obligated to apply such payments at die time such pa}+ments 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 Bold such un><npplied funds until Borrower makes payment to bring dre Loan current. if Borrower does not do so widlin a reasonable period of time, Leader shall either apply sucl; funds. or return diem to Borrower. if not applied earlier, such funds will be applied to the outstanding principal balance under the Note umnediately 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 die Note and this Security Instrument or performing the covenants and agreements secured by dos Security Listnunent. 2. Application of Payments oz' Proceeds. Except as otherwise described in finis Section 2, all payments accepted and applied by Lender shall be applied in die following order of priority: (aj 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 becanne due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and dlen 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 an}+ late charge due, die payment Wray be applied to the delinquent payment and the late charge. If more dean one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to die repa}anent of die Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after die payment is applied to file full payment of one or more Periodic Pay+ments, 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 die Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under fine. Note shall not extend or postpone die due date, or chance file amount, of die Periodic Payments. 3. Funds t'a• Escrol5• ltems. Borrower shall pay to Lender on die day Periodic Payments are due under die Note, until the Note is paid in full, a sum (tyre "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Insttwnent as a lien or enctunbrance on die Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sunny payable by Borrower to Lender in lieu of die payment of Mortgage Insurance premituns in accordance wilt die provisions of Section 10 These items are called "Escrow Items. " At origination or at any tune during die tens of file Loari, Lender may require that Connnuriry Association Dues, Fees, and Initials. Fzae 4 of 15 Form 3016 1101 -6A(IA) tooosj U 4L. ":?D5~26 +~~fiC~`~+rli" ~:'~ i r1:L7:k~,1]~•',~~(.rQV~'(.1~-L'1~Q~.i:s'-~~~1 ~il1Cl St,~C,~)nljll~'~, ,fdHt lTlZl"~19,~~u~ITI~,111,~tlflii ~7P'~Ci1 ~.~CTf71t ~l~lIl .- _ ., .... 5. .. .: ,~ s, r .,._ ,..-~~, ism.., .:_, ,_..; ..__ ~-: ._ -:, _i _.. - -- __ _ - $ori-ow r"~,i.mipdy~furrusIi °to Loner u11==1iot~ces `of~a<iioui~t~ tl~i"be ~iic~-~u.,dc;` ~rrv ~~ ~:'oi, Foilow~=~----_ 5ha11~~t~+ :'- eider die Fundy ror Escrow ltein5 ui~leti~ Lender waives Boriowcz s obht*atioz, tc, pav the Funds far anv or ~dl ~scrou Iaenis. Z,aider may waive Borrower s obligation ti pay -to L"ender Ftalds for tu7~~ or sill- __ Etc;rs,v,+~_tetl~s,~ti=in} ;ti~lie,, Any_Rsuch waiver n~a}~ only be in writing, lr, the even of such w liver, Borrower __ shall pay directly, when and where payable, the ~unounts due for any Escrow lterris for which paym nl oi' Funds has been waived by Lender and, rf Lender requires, sha11 furtush to Lender receipt:. evidencmc suci, payment wrthin such time penud as Lender may require. Bon~ower's obligation to make such payments and to provide receipts shall for al] pui~}~oses be deemed to be a covenant and agreement colrtainrd in this Security instrument, as the phrase "covei~uit and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pa}~ the ~unount due for an Escrow item, Lender msiy exercise its nghts under Section 9 and pay such sunount and Borrower shall then be obhgaied under Section 9 to repay w Lender any such amount. Lender may revoke the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under dus Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply die Funds at the time specified under P~ESPA, and (b) not to exceed the mzximtun amount a lender can require under RESPA. Lender shall estimate die sunouut of Funds due on die basis of cun-ent data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance wid7 Applicable Law. The Funds shall be held in ari institution wlwse deposits are insured by a federal agency, instruinentalit}+, or entity (including Lender, if Lender is an institution whase deposits are so insured) or in any Federa': Home Loan Bat~ic. Lender shall apply the Funds to pay die Escrow Items no later titan die time specified under RESPA. Lender shall not charge Borrower for Bolding and applying die Funds, aiulually analyzing, d1e escrow account, or verif}+ing die Escrow Items, airless 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 die Funds, Lender shall not be required to pay Borrower any interest or eanungs on the Funds. Borrower and Lender can agree in writing, however, drat interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an amiua] accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Leader shall account to Borrower fbr die excess funds in accordance wid7 RESPA. If there is a shortage of Funds held in escrow, as defined under P~ESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance wid7 RESPA, but in no more d,an 12 mondlly payments. If dlere 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 die deficiency in accordance wid7 RESPA, but in no more dran 12 monthly payments. Upon payment in full of al] 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 die Property which can attain priorit}+ over dlis Security Instrument, leasehold payments or ground rents on die Property, if any, and Conunmuty Association Dues, Fees, and Assessments; if any. To die extent that drew items are Escrow Items, Borrower shall pay them in die mamier provided in Section 3. Borrower sha11 promptly discharge any lien which has priority over this Security Instruineut unless Borrower: (a) agrees in writing to the payment of dre obligation secured by the lien in a nramrer acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests die lien in good fardr Initials -6A(IA) ioocs; Paoe s of ~s Form 30'16 ~/D1 C> 442~::u~~zE - ... n~,t,~ tl,~~v~ ~i~u,4~ ~aZicrrv~a~a~z~,{ i'}a tll~ ~el~ i,, 14 n} a ~ac.e:,dan ~ -w~latvl ~. i.,r~~~- . ,~, ..~~~ ~a »e -~.: _ _ ~.. _ w..___ .....~._.. -~-~ ~~- ~ - tevetlt d1e-•enfoa ceanetit--~f -it 7r -l~aen-~wlirae-those proet;cd,u«~- arc ueuditt<< t,ut~ uiil~~- uaictl su:~•~ proceet~tti- ~- ---- --•- - .-~~ p' .are cct?icludecl,_~r (c).sccures frpni dte hgldeT;ol the laer<<tt, ~«reem.,n~ satisfactor} tc~ Under subordinating the _.. _ _ _ _ _ - - .lien tai dts Secut'ity~Tiistrum~l'irt._If`.Lend~r~delezxnmes~tliar'an}r 'purrp~f:_t11e Propert~J~'i::5ubject°tu a-lien-wl>iclr _ _ _ -can .attain priurit}~ uy~r__dns_S.ecurity__~tiStr..ut~lea~l> L r>d°~r-m~~~-~ve_Borrower_z~ nonce tdentifying_tl_le_lien. days oftire~daie-oil wliach that hc',tice i~ given,Buii'bwer sli}i7 satisfy tile- leis oa-ta~'e one or moa-e VJidiin 10 '~ __ of the actions set furd~ above In this Section 4 Lender may require Burrower to paJ a one-time charge for a real estate tau: verification aaxl/or repurtuig service used b}~ Lender in connection wide ti,is Loan. ~. Property l,isurance. Borrower shall keep the anlproventents now existia,g or hereafter erected ou the Properly tnsured against loss b}' fire; 1,azards included witlnn the tens "extended coverage," and any outer hazards including, but nut limned to, earthquakes and floods, for which Lender require;; insurance. This insurance shall be maintained in the ~unounts (including, deductible levels) and for the periods that Lender requires. V1hat Lender requires pursuant to the preceding sentences can change dunn~i the tern-, of the Loan. The insurance carrier providing the insurance slhall be chosen b}~ Borrower subject to Lender's right to disapprove Bun-ower's choice, which right shall not be exercised unreasonably Under may require Borrower to pay, in cotuhection wtdh tlis Loan, ether: (a) a one-time char~~e for flood zone detenniraation, certification and traclang services; or (b) a one-tiuhe charge for flood zone detennitl<ttion and certification services and subsequent charges each time remappings or Similar changes occur which reasot><tbly might affect such determit><ttion or certification. Borrower sisal] also be responsible for tie payment of any fees imposed by tle Federal Emergency Ivlatiagement Agency in comlection with the review of any flood zone detenuialation resultin~~ from an objection by Borrower. If' Borrower fails to maintain any of the coveraces described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but aught 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 aclalowledges 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 dos Security Instrtnnent. 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 Warne 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 proaliptly 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 d~miage to, or desU-uction of, the Propert}~, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In die 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 dte restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to uispect such Property to ensure the work has been completed to Lender's satisfaction, provtded teat such inspectton shall be undertaken promptly. Lender may disburse proceeds for die repairs and restoration in a single payment or in a series of progress payments as tle work is completed. Unless ati agreement is made in writing or Applicable Law Inlitals -6A(IA) tooos) Fao~ ~ o' 1~ Form 3016 1/01 c 427205426 t1ly5u:~~.,ul~ii~a3ice:~3'nc~~d~:,~ l.r~}ne; a all Ana t~1: ~etlrur.~~ ~o »~T~;- F3oz~n.~~~r ~u,, -,, ~ . - .111CCr tii,-U;_.~c,nLluu~;;,.-.~i.:...,w., wy.,.~..w.....,,.~ ~.,~. ,,,,,,......t. ,__ , -.,~.~~ ._w_,.. ...., _. _~..__..._.~ ~._~_.___._._..-.. shall zeal b~- pai.d out of ale insurance roc;eedi and shall b dte~sole obli ation of Bo.r~wer. if the u-estoranon _. r`t r r c or 1ePdlu1 tllr~sunonomu ~c i}af etlliu S.,ou~t tldes`trtunernltwl etherl or n~s t1Ple1 due~w itl~~ee-.lirncee~.s~-~,Ila1L-,be _ -_ ._-- dle excess 1~ an} paid - - -_ _ -- to Borrower:-•Such nlsural~tc,,-pro::eeds--sl7all be-apphe~~-iii-the-order~prba'itec ~r~in ect~oi~i ~.- - -- -- --- lf Borrower abandons fife Propern'. L.,nder Wray file, negotiate and settle any available insur~incr claim and related matters 1f Borrower does not respond within 30 days to a notice from Lender that the insur~ulce carrier has offered to settle a claim, then Lender ma}' negotiate and settle die claim. The 30-day period will bruin when die notice is given. In either event, or if Lender acquires the Property under Section 22 or odlerwtse, Borrower hereby assigns w Lender ('a) Borrower's rights to any insurance proceeds in eel tunount not to exceed the ~unuunts unpaid under die Note or this Securit}' lnstrunient; and (b) any other vi' Borrower's riuh.ts (other than die ri~~bt to an)' reIUlld of unearned premiums paid by Borrower) under all insurance policies covering fife Property, insofar as sucl-~ rights are applicable to the coverage of ale Propeny. Lender play use die insurance proceeds either to repair or restore ale Property or to pay amounts unpaid. under file Note or this Security lnstrunlent, whedler or not tiler! due 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principa8 residence witllul 60 days after ale execunon of dlis Security Instrument and shall continue to occupy ale Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otllervvise agrees in writing, which consent shall not be uilreasollably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, 1\'Iaintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or unpair the Property, allow die Property to deteriorate or conunit waste on the Property. Whether or not Borrower is residing it; d1e Property, Borrower shall lnatntalii die Property iii order to prevent die Property from deteriorating or decreasing iii value due to its condition. unless it is detenllined pursuant to Section 5 drat repair or restoration is not economically feasible, Borrower shall promptly repair the property if damaged to avoid furdler deterioration or dunage. If insurance or condenulation proceeds are paid in confection with damage to, or file taking of', die Property, Borrower shall be responsible for repairing or restoring die Property o111y if Lender has released proceeds for such purposes. Lender may disburse proceeds for die repairs and restoration in a single payment or in a series of progress payments as die work is completed. If die insurance or condenmlation proceeds are not sufficient to repair or restore ale Property, Borrower is not relieved of Borrower's obligation for die completion of such repair or restoration. Lender or its agent may make reasonable entries upon aild inspections of die Property. If it has reasonable cause, Lender may inspect die interior of die improvements on die Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during die Loan application process, Borrower or any persons or entities acting at d1e direction of Borrower or wide Borrower's kn©wledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender will material information) in cornlection with die Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of die Property as Borrower's principal residence. 9. Protection oi' Lender's Interest in the Property and Rights Under this Security Instrument. if (a) Borrower fails to perfonm ale covei><•lnts and agreements contained in this Security Itlstiwnent, (b) there is a legal proceeding that might sigtlificantly affect Lender's interest in die Property and/or rights under dlis Security Insti-tunent (such as a proceeding in bankruptcy, probate, for condemtl~ltion or forfeiture, for enforcement of alien which niay attain priority over this Security Instnunent or to enforce laws or i~„~air -6A(IA) boos, Fao~ % of ~s Form 3016 1101 C5G cgL~~0~4::E r t*ulacwnS:~. trr (~i B~~;rt~wer 11 t,, rr~ ~nclr~t~ed tl~e Prc~;rtv tllell L.~ider niav .dct end p~~ for whatever 'ti-- _ - - __.. _ ,~ ~3aai~s.+<s~w.aa~. t~_~'~ , ~.~;= ~a ~ 't~~: ~~r-mil its ~' ~`ura~- ~t~~'=.rr ~,~Prc~ ~r~ccEc;s~rtt,r .L~raar~~. _ ___._. _ _ "_ `Iiis~truni iii; tn.;ludii]~ pro~ec~tn~~ aril%bi' ~i~s,ssrnE~ the va'~u.`o°f" ie- ropert)~;~an~C s~cuitr_ ~icilor rupat]-nr~ ~- _t)Ze_p~rtper~~ Lender s actione ian~tnc,lude, but arexiot linuted to (a) paylt]g any s>_uns ecured.l?y alien wnlcla - ~ ~ earn] T in courr~ and _ c ~i ~` i' P - ' 1i~t~ pn ont}' over `flits Secant) Instrutn.;lzC;`(b) app ~ " _ (-) p ) iiig- reasulablN'attoni„ys lees to., - _ - - pr~teu its tnt rest iu tlr Property acrd/or rights under this Se •urity Itlstrutnent, in~ludtn~ its secured position to-~'oat]l<ruptcy.-proiePmne~Securttig-tile-'Property-lneludes,=but-ls=-not--limtod to ~nt~;rrne-tl~tt; Rroper-t}~=tc,. -- n]alce repairs, change locks; replace or board up doors and v~tndows, drain water from pipes, eliniit>itte building or other code violations or dangerous conditions, and have utilities turned on or ufi. /although Lender n]ay tale action under tl]is Section 9, Lender does not 1]ave to do so and is not under any duty or oblii~atiot; to do so. l.t is agreed that Lender incurs no liability for not talung au}~ or all aeUons autlionzed under flits Section J P.ny amounts disbursed by Lender under d]rs Section 9 shall becon]e additiotul debt of Borrower secw~ed by dais Secunty lnstnttnent. These amounts shall bear interest at the Nute rate fron] tl]e date of dtsburset]ient and shall be payable, will] such interest, upon notice froth Lender to Borrower requesting payment. If this Security lnsn-ument is on a leasel]o1d, Borrower shall cot]]ply vrtd] al] the provisions of tYte lease. 1f Borrower acquires fee title to tl]e Property, tl]e leasehold and the fee title shall not merge unless Lender agrees to tl]e merger in writing. 10, 11~iortgage Insurance. If Lender required Mortgage lnsurance as a condition of maktug the Loan, Borrower shall pay tl]e premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage lnsurance coverage required by Lender ceases to be available from tl]e mortgage insurer that previously provided such insurance and Borrower was required to make separately desigrt~tted payments toward the premiums for Mortgage Insurance, Borrower shall pay die premiutils required to obtau] 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 die amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding dle fact that die Loan is ultunately paid in full, and Lender shall not be required to pay Borrower any interest or earthings on such loss reserve. Lender can no longer require loss reserve pa}~ments if Mortgage Insurance coverage (in the amount and for the period dial Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting tle Loan and Borrower was required to make separately designated payments toward t]e 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 tennithation or until tennit]ation is required by Applicable Law. Notling in tlis Section 10 affects Borrower's obligation to pay interest at die rate provided in t7e Note. Mortgage Insurance reimburses Lender (or any entity t]at 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 [o time, and may enter into agreements with other parties t]at share or modify their risk, or reduce losses. These agreements are on terms and conditions drat are satisfactory to the mortgage insurer and t]e other party (or parties) to t]ese agreements. These agreements may reauire the nortgage insurer to make payments using any source of funds drat rte mortgage insurer may have available (wlilch may include funds obtained from Mortgage Insurance premiums) . As a result of tl]ese agreements, Lender, any purchaser of the Note; another insurer, any reinsurer, any od]er entity; or any affiliate of any of tle foregoing, n]ay receive (directly or indirectly) amounts That derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchan!__*e for sharing or modifying the mortgage insurer's risk, or reducing Josses. if such agreement provides drat an -6A(IA) looo~~ Initials Ga~E z m ,~ Form 3D16 1101 _ - ,___.___._~_ afiyhatr-e~9:_Lwndet_ talcei <~ sll~rp-fir the_-insu~er~s_,r,l iii e~ci~auge fc>r~< tiliarL~o{ tJle__p nuuun.~ umd to tae - _ -- .. ...: a '' ' " ;' 7 `irr•1TiCT'f145171CP ~ ^(~t1TTCiTF"*' `" .•.°. - ~ _ _ i;;lAi~1,.. 411E~~1~1'C'-21 vnt~~-A1~t.`~.SfkLl:,G~1~-1.~r --~.-~-.~..H;....«.~..-_..,w~:.. .~ _ ..-.~. ,.. u., ~.... ~. ~ Q .. 1 _ r.. ,° _;~'~ Ass such"~b•cements"~S~rll~°not'..ait'ect"~ e~°,amounts°~llaf=•=Borrower~"has °a~i•eec7'tu is}' -For -___ ...._. ___. JV1~~1l~age_7nsuran~e, or anS- othc~ terms oi' Che Loan .Such ac'eeinents will not. increase the amount _ _ . _ -.: -_-- Boz ro~srei- 3vr11~4ve ro•gl~iort~age~nsui-ance, aiid theS~wShll'nof--enfitle Borrower-to yin} 1 etund.---- = - -- -- (b) Any such ab-~ements will not affect the rights Fiorrower has - if tu~ti -with respect to the >r~Iortgage- Insuranceunder-Lhe=F1"omeowrier°s-Pi°otectiorr-~ACt=of-1)9f3=oi ants' c ther-=~la«~. -T•hese--alights=ma~~- •~~° =- - include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund oi' anv Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 71. Assignment of I1~Iiscellaneous Proceeds; Fori'eiture. All Miscellaneous Proceeds ~u-e hereby assigned to and shall be paid to Lender. If ti.e Property is d~unaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if die restoration or repair is economically feasible and Lender's security rs not lessened During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction, provided dint such inspection shall be undertaken promptly. Lender rna}~ pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Ui>less an agreement is made iu writing or Applicable Law requires interest to be paid on such 1vl.iscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or gassings on such Miscellaneous Proceeds. if die 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 Iinstnunent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of tle Property, die Miscellaneous Proceeds shall be applied to the loins secured by this Security hnsstrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in ~vlnich the fair market value of the Property inunediately before die partial taking, destruction; or loss in value is equal to or greater than die amount of the scums secured by this Security Instrument iininediately before the partial taking; destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the stuns secured by this Security Instnument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of die sums secured innnediatel}~ before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial tat-~ing, destruction, or loss in value of file Property in which the fair market value of the Property inunediately before tie partial taking, destruction, or loss in value is less than the amount of the sums secured inunediately before tine 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 Instrmment whether or not the stuns are then due. - lf 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 snake an award to settle a claim for damages, Borrower fails to respond to Lender witiin 30 days after the date tle notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of tle Property or to tine stuns secured by this Security Instrument, whether or not Lien due. "Opposing Party" nneans the turd party that owes Bm'rower Miscellaneous Proceeds or tlne party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crinniinal, is begun teat, in Lender's judgment, could result in forfeiture of the Property or other nnateria] impairnnent of Lender's interest in the Property or rights under finis Security Iusp-unnent. Bon~ower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed wits a ruling that, in Lender's judgment, precludes forfeiture of tie Property or other material impairment of Lender's interest in tie Propert}r or rights under tits Security Instrument. The proceeds of any award or claim I Nlials -6A(IA) ~ooosj Paoe 9 0l 15 Form 3016 'i/01 v cc~-'~D54'l6 +c° t{ i t1t~~eS tba ~~~ sltG~t211td01.4 s!~ ttte uup rrrnvn~ s.tl Lind , k ,utere~{ a the P~ onerr•- ~Ir~ heri;b~ atisz~lt..d V -- -- and_.~t3311 brap~~~~-~e~i~~ ~ __~~_ - _.F ~ r ~.;..a„,n.- , LLB. ~.- - All fvTis~ellaneous Pro.,.,.,as tSiar are not applte~ ru-resto,dliot, or repat~ o~"Che~`Prop rty sliall""be apphed`~ . in die urd~r p, uvtded.fot in Seaton `~ _ _ - _=-_ - -__-- - 72. Borrower Not Released; Forbearance By Z,erider- Ndi -a ~~~iiver:~-Ezieilsidii- of" the _tiiize-~~r-- - paynient-or .niudificatioii_~1_anwrttzai,tlti _01 tlae_.sun~~ 5ecut ed by_ ttu~ Secun~~_1nst~ ument~rant d by Lender - _ _ to Borrower or any Successor to Tnierest of-Birrower ~sliall~ not operate~ty release tliu-Itabtlity-of Borrower - or ~uiy Suc;.~essors in lnterest of Burrower. Lender shall no{ be required co con>litence pruceedtngs against any Successor in lnterest of Borrower or to refuse to extend tuue for payment ur otherwise modtfy ~unortizatiun of the sums secured by this Securit}~ lnstrunrent by reason of any demand made by the original Borrower or any Successors in lnterest of Bcm~ower. Any forbearance by Lender in exercising any right or remedy tncluding, without l,mitation, Lender's acceptance of payments from third persons, entities ur Successors in lnterest of Borrower or in ~unounts less than the ~unount fli~n due, shall not be a waiver oi~ or preclude the exercise of an}~ right or remedy. 13. Joint and Several Liabilit}; Co-sibners; Successors and Assicns Bound. Borrower cuver,~ults and agrees that Borrower's obligations and liability shall be joint and several. however, any Borrower who cu-signs this Security lnstntment but does not execute the Noce (a "co-signer"). (aj is cu-sigtung dais Security lnstnunent only to mortgage, grant and convey dte co-signer's interest in the Property under the ternis of this Security lnstrurnent; (b) is not personally obligated to pay the sums secured b}~ this Security Instrument; and (c) agrees that Lender and any other Burrower can agree to extend, modify, forbear or make an}+ accon>lilodations with re~.;ard to d1e terms of this Security Instrument or the Note without the a,-signer's consent. Subject to dte provisions of Section 18, an}~ Successor iti interest of Borrower who assutmes Borrower's obligattor>s under this Security Instrument in writing, and is approved by Lender, sl;all obtain all of Borrower's rights and benefits under this Security Instnunent. 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 tuffs Security Instnument shall bind (except as provided i:i Section 20) and benefit the successors gild assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in comiection with Borrower's default, for die purpose of protecting Lender's interest in the Property and rights under this Securit}~ Instnument, including, but not lhmited to, attorneys' fees, property inspection and valuation foes. hi rep*ard to any other fees, the absence of express authority u7 this Security Instrument to charge a specific fee to Borrower shall not be const~ued as a prohibition on tire charging. of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maxuntun loan charges, and dzat law is finally interpreted su that the interest or other loan charges collected or to be collected in cotu~ection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the atmount necessary to reduce the charge to the perniitted limit; and (b) any stuns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund b}- reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces- principal, the reduction will be -- treated as a partial prepa}+ment without any prepayment charge (whether or not a prepayment charge is provided for under die Note). Borr'ower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 7~. Notices. All notices given by Borrower or Lender in comtection with this Security Instrtument must be in writing. Any notice to Borrower in comlection with Chis Security lnstnument shall be deemed to have been given to Burrower 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 desii*nated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has desi«t><tted another address by notice w Borrower. Any notice in comzection with this Security lnstnunent Initials -6A(IA) {0005; FaQe too! t5 FDffTI 3016 llDl « z~zes4zE _ s~1al ncit 1,~ dr 7i~~ to 11 eve br,~.t~~t.v~l;>:~o.Liasder. uu~l..a:.tua1.1~'~ec,lKave>l bpi Le71a~i at-ara3 ~lotic,e reg>w`i o Y~} _ _ - ~ ~~ - ~: ~ _- ulil~'Se,_tt;'~ty i1i~;z-tijlil~`ilt -1r Ij~t~yr.~tt'ta>~~~r~t'#~1r~~C~_ ~w..~a~~~tr~t~rrit ,~II~a ~~;~~ _ -__-__-__. .._ ... _____ .._:~_.~_~. ~...uz.~..,~~__.~.,,. __ :...~,_ _. du corresponding, requirent~nt and r dos Security In~trum rat 1'G.:Go~~ernitlg L~~s;_S~~er~l~iltt~y~,_,Rules_of CenS~Iuction_ 7'lus_Sec,u~z~1_ItlStturt~~rit ~11411t~~ ~o~~ernetl_ __ _ - - by federal law turd the law of Che jurisdiction in which die Property is located. All rights ~tuid obligation`s yoilt~tivcci=_i1t._.1111._S_ecurit}_ltititntn-iullt~-are.~sub>_r:ct to_~trty r-equirenrents_uzd-litnttations _ot_ A~plicabl.e__I.au~. _ Applicable Law might explicitl} or inlp]icttly allow the parties to agree by contract or it might be silent, but such silence shall rux bt construed as a prohibition against agreement by contract. In die event that any provision or clause of this Secunty instrument or rile Note conflicts widr Applicable Lttw, such cunflta shall not affect other provisions of this Securty lnstrwnent or the Dote which can be given effect without the confiicurig provision A s used in this Security instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of rile fenlitline gender; (b) words in die singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take tin}' tlct101i. 17. Borrower's Copy. Borrower shall be given one copy of die Note and of this Security Instrument. 18. Transfer of the Propert}~ or• a Benei'icial Interest in Borrower. As used in this Section 18, "interest in die Propert}~" means troy legal or beneficial interest in die Property, including, but not limited to, dlose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, die intent of which is die transfer of title by Borrower at a future date to a purchaser. If all or any part of die Property or any Interest in d1e 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 nlay require iirunediate payment in full of all stalls secured by dlis Security Instrument. However, dlis option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises dlis option, Lender shall ~~ive Borrower notice of acceleration. The notice shall urovide a period of not less dean 3U days from die date dze notice is given in accordance with Section 15 within which Borrower must pay ail sutras secured by dlis Security Instrument. If Borrower fails to pay these sums prior to die expiration of this period, Lender may invoke any remedies pemutted by this Security Instnunent widlout furdler notice or demand on Borrower. 19. Borrov~~er's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall leave die right to have enforcement of dlis Security Instrument discontinued at any tulle prior to die earliest of: (a) five days before sale of die Property pursuant to any power of sale contained in dais Security Instnunent; (b) such order period as Applicable Law might specify for die tenzlination of Borrower's rigidt to reiidttate; or (c) entry of a judgment enforcing dlis Security instrument. Those conditions are drat Borrower: (a) pays Lender all stuns which then would be due under ddis Security Instrument and die Note as if no acceleration had occurred; (bl cures any default of any order covenants or agreements; (c) pays all expenses incurred in enforcing ddis Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and order fees incurred for the purpose of protecting Lender's interest in die Property and rights under this Security Instrtztnent; and (d) takes such action as Lender may reasonably require to assure drat Lender's interest in die Property and rights under this Security Instrument, and Borrower's obligation to pay die sums secured by dlis Security Instrument, shall. continue unchanged. Lender may require drat Borrower pay such reinstatement sums and expenses in one or more of die following forms, as selected by Lender: (a) cash; (b) looney order; (c) certified check, bank check, treasurer's check or cashier's check. provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, dlis Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, dlis right to reitlstate shall not apply in die case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in die Note (togedler wide this Security instrument) can be sold one or more tinges widlout prior notice to Initials -6A(IAj (0005 Fade i~ a 15 Form 30'16 ~/D1 cc,,, ~G54l~ «~ y~ - - ~'I)I".r~~AtE:L .rti `d1C~1`L 1~:,..«c•~~`.l.t~~.11~.~.~>~Tl~t' 171 .t11.~.;r.,l~t~1J~~~~~+llt~~5~t1 tt [1vC• ~1 nrjl ~t'ir'4+`1C t ~i CIIr~.v L`Ci11t, tc T~ErFtiQ1C-~ - _ - -- y -p;;rfirunils.e.~ttTlet ~ttta~t:gacI"o~tth ,s~,rst,tt~g;::_ ___.__ ... ~_-:- ~.-~;'~I~~ntrnt~ `du~~und ~ ~~-irno~-ailc{ al1~s.-S.cuxiz- ,blstrulneil'.-,ttrrt} ._..~ __ _ obli~,..;tn7s._under flip Note, this. Security hlStrunient and Applicable Lbw. There alsu nu<<lu b~ oiie ~~ more - :~r ;-- ithe-Loan°Servicer~urrre!ated to-a- sale of t11e-NoEe. if =there is ti -chatlze =of die "1Zoav--Servicer, - -- cla-t_~ ti o_ -- . _.- Borrower will be «lven written notice of the change which will State the i><ulle and address of tte new Loan - - Sei'vkcer, t1iE"tiddress~~to~~wlrtclr payments -should--be-trade-and--any-otter irifnrniattcni- ~ESPA =~°egiiires =ii, - cotulection with a notice of transfer of servicing. if the ]Vote is sold and thereafter the Loan is serviced by a Loan Servicer other ttatl tle purchaser of the Note, the mortgage loan servicing obligations to Borrower vrill remain with Clte Luau Servicer or be transferred to a successor Loan Servicer and are not assumed by ttr. Note purchaser utlless otklervrtse provided by the Note purchaser. Neither Borrower nor Lender may conmmence, join, or be ,joined to any judicial action (as enter an individual litigant or tie member of a class) that arises from tie other party's a~•tions pursuant to tuts Security lnstrunient or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security lnstrunient, until such Bon~ower or Lender has notified tie other party (with such nonce given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after tie 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 opportwtity to cure given to Borrower pursuant to Section ?2 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. .4s 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 fO110wtng substances: gasoline, kerosene, other fiatmnable or tonic petroleutm products, toxic pesticides and herbicides, volatile solvents, materials contaittiug asbestos or formaldehyde, and radioactive materials; (b) "Envirotunental Law" means federal laws and laws of tle jurisdiction where the Property is located that relate to health, safety or envirotunental protection; (c) "Envirotunental Cleanup" includes any response action, remedial action, or removal action, as defined in Envirotunental Law; and (d) an "Envirotunental Condition" means a condition that can cause, contribute to, or otterwise trigger an Envirotunental Cleanup. Borrower shall not cause or permit tie presence, use, disposal, storage, or release of any Hazardous Substances, or tireaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anytling affecting tie Property (a) teat is in violation of any Envirotunental La~>;~, (bj which creates an Envirotunental Condition, or (cj which, due to tie presence; use, or release of a Hazardous Substance, creates a condition that adversely affects the value of tle Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Haz~udous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of flte Property (including, but not limited to, hazardous substances in consumer productsj. Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govenuuental or regulatory agency or private party involving the Property anal any Hazardous Substance or Envirotunental Law of which Borrower has actual knowledge, (b) any Envirotunental Condition, including but not limned to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) ally condition caused by tie presence, use or release of a Hazardous Substance which adversely affects tie value of the Property. If' Borrower learns, or is notified by any govertunental or regulatory autlority, or any private party, teat any removal or other remedtatton of anv Hazardous Substance affecting tie Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envirotunental Law. Notting herein shall create anv obligation on Lender for an Envirotunental Cleanup. Inllials -6A(IA) tooos~ Fade •.z of 15 Form 3016 1101 c~ 4~27~0542E - ^c, F~e~ler~?1<tt~n 1'.er crd° ~[ .1t~~~1x~ ~~ l~S~. ~~ll~ ~~ ~4~re~-,tt,~,,~-~~f ana ~?.~i~~~1Ha~;~~, ii, zi1~;, -- -_-_-_- _tori:~lci:;ur~ araeee~itn!~ ~tri: ngi~~~ Cc.a=~eficie~le;y=~~udailei~ ~-tt~aYi~ cir-r-rtW.e~.; ~t~~e j~..aiui~'tj ~-~iTi~frt~i, lrc~~l~.-~__~.._ -. _ ._ _~_ e.'~ audi~ia; s~tl~- shall be redu ~•d to E, ~1lozzths If. dte ~ourt finds that file Propertti llas_ been abandoned b~, - - ~rirrower--aud-bender wvve~ an}~ rigl~rto a deficiency ,iudgt~ient ~tetiitis[ T3orio~~.ei; tike penod=of reddi.~ptialt-- -- _fr4il~J.u~h~ial sdle_shall be reauc~d to 60 days The provisionti of this Seetron 26 shall be construed to conform _ _ - - _ _ _. u, the provisi~ms of _Sect~ans-6~8:~2d and-628."?? o;`the-rode-ol--lxrwa---- - - ------ -- ----- __ -. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE ILEAD CAREFULLY' BECAUSE ONLY `THOSE TEP.112S IN «'RITING AIZE EI~iFORCEABi;E. NO UTHER TERMS OR ORAL PROMISES NOT CONTAINED 1N TINS WRITTEN CONTRACT N1A1' BE LEGALLS' ENFORCED. YOU N1A~' CHANGE THE TEP.MS OF TH1S AGREEII~LENT ONLY B1' ANOTHEk «rIZITTEN AGP.EEIVLENT. BY SIGNING BELOW, Borrower accepts and agrees to the tenus and covet~nts contattied to this Securit}- Instrument and in an}~ rcider executed by Borrower and recorded with it. Witnesses: -6A(IA) rooo5~ C; _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower l/t " / ~(Sea1) DEBP.P. P. YOUNG Borrower Fage 14 0! 15 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Bon'ower _ (Seal) -Borrower Form 3016 x/01 44~1~05426 - nurnvgaae = :l~;i_tlZiti l,~ dtt}- of -t~~r i ! ~ a?/ D ~ ~ ~eore me; a Notary Puhlic~ _ _ ,_ - - _ _. - _ _ -- - - -i~rthe-bttte-~r-lc~wa pertidn~tll} a~pearcd- _ -- -- - ---- --- _-_ __-_..- _-__ _-- DEBP.A ~: YOUNG CY s~ny l~ ~f~"6c~, to me pertionally known to be the person(s) n~mled in told who executed the fore~oirtg insu-un~tent; and aclau~~>,~ledged dta[-it/site/tray exe:;uled the stone asks;/bier/t~re~r voluntary act and deed. My Conuniss~on Expires ~/ ~l~ air: , ~-t. ~~.! ir[ ~ .c. ~;:. ~._.ws.~l., < . . ,~ ~ ` ~w ~ Gommis~ian f.u,^;bcr 'i 383DS ~~'~ c,.•, Notar' PuUlic iu and o :.Id Count ~ and State /UYIF ( (.~ -6A(IA) foods; G Page i5 o' 75 ~Illlia~6 Form 3016 1/01 - - - - _ _ - - 4 ~.'27~ "D"5,2,1 E -. ~. _ - __ - - ADJI.JSTABLE RATE RIDER (] Yew- Treasw•y Index -Rate Caps) THIS AD.I LISTABLE RATE P.IDER is made this 13th day of April , 2 0 D 4 and is incorporated into and sliall be deemed to amend raid supplement dte Mortgage, need of Trust; or Security Deed (the "Security lnstrument"j of the wine date given by the undersigned (the "Borrower"j to secure Borrower's Adjustable Pate ]Mote (the "Note") to FIELDSTONE IdORTGAGE CONPANl (the "Lender") of the ssune date and covering the property described in the Security Instrument and located at: 12 0 CLAP.KE DRIVE, DTJBUQUE, IA 5 2 0 01 (Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FGR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE L IMETS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instnunent, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYlVIEI~TT CHANGES The Nate provides for an iiutial interest rate of 8 .1 D 0 ~ .The Dote provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAI'NIENT CHANGES _ (A) Change Dates 2 0 0 9 The interest rate I will pay may chan~ue on the first. day of May , and on drat day every 12th month thereafter. Each date on ~e~hicl~ my interest rate could change is called a "Change Date." MULTISTATE ADJUSTABLE RATE RIDER -ARM 5-2 -Single Family• Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fannie Mae 4.215-Z6-2 ARM -822R (0008) Form 3111 1/01 Page 1 of 4 Initials: VIvIP IJ~OF;TGAGE FORMS - (80D)5 1-72 1111111lIIllilillllllllllllllllllll • (B 1 The Lndex Begituiui~ with tte first Change Date: niv interest rate Will be based oi~ ar1 index. Tlhe "index" is tte weelay average yield on United States Treasur}~ securities adjusted to a uuistaut niatunh~ of one year, as made available by the Federal Reserve Board. Tlie nu~st recent hhdex figure a~~ailable as of tie date 45 days before each Change Date is called the "Cun~ent lrtde~: " if the Index is nu longer available, tie Note Holder will cltouse a new index Which is based upon comparable infbrniation. The Note Holder Wi11 give me notice of this choice. (Cj Calculation of Changes Before each Change Uate, the Note Holder will calculate my new interest rate by adding perc:eutagc points ( 5.575 `i~) to dhe Current index. The Note Holder will then round the result of tus addition to tie nearest one-eighth of one percenta~se point (0.1"'5 ~~). Subject to die limits stated iii Section 4(D) below, this rounded amount will be my new interest rate until the ne~:t Change Date. The Note Holder Wtll dell Qeterllhllhe tie amount of the monthly payment that would be sufficient to repay the unpaid principal that I am e~:pected to owe at tie Change Date in fall oti the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be life tiew amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I atn required to pay at tie first Change Date will not be greater than 10.10 0 ~ or less than B ' 10 0 `~ . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentaee points (2.0 ~) from the rate of interest 1 have been pa}ping for tie preceding 12 months. Any interest rate will never be greater than 14.100 % My interest rate will never be lower than 8.100 (E) Effective Date of Changes _ My new interest rate will become effective oii each Change Date. I will pa}~ the amount of my new monthly payment begituiing on tie first monthly payment date after die Change Date until die atiiount of my niondily payment changes again. Initials. -822R (0008) Fage 2 of 4 Form 31'11 1/01 U _~_.. _. ~. ~~ .. _ __ (F) Notice oi' Changes The Note Holder will deliver or liiail to me x notice of any changes In niy interest rate and the ~umr~unt of m}~ monthly p~rynient before the effective date of any change. The notice will include information required by l~iw u, be given to me and also tie title and telephone rnunber of a person who will answer arty question 1 nltiv have regarding tie notice. B. TT~ANSFEk OF TITL PROPI;RT~' OR A BENEFICIAL II~'TEREST IN BOFZRO}1rEk Secuon 18 of die Security instrument is ~unended u, read as follows: Transfer of tl~e Property or a Beneficial Interest in Borrov~~er, As used in this Section 18; "Interest m die Property" means any legal or beneficial interest il; the Property, including, but not lunited 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 tie Property or any Interest in the Property is sold or transferred (or if Borrower is not a 1><ltural person and a beneficial interest in Borrower is sold or transferred} without Lender's prior written consent, Lender play require hiumediate payment in full of all stuns secured by this Security lnstnunent. However, tlis option shall no[ 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 tie loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To tie extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assulilption. Lender may also require the transferee to sign an assumption agreement dial is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in tie Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instlulnent uliless Lender releases Borrower in writing. If Lender exercises the option to require ilrunediate pa}anent in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less dean 30 days from the date die notice is given in accordance wits Section 15 within which Borrower must pay all sums secured by tlis Security Instumment. If Borrower fails to pay these stuns prior to the expiration of this period, Lender may invoke any remedies permitted by tus Security Instrument without further notice or demand on Borrower. -822Fi f0oD8) G Initials: Page 3 of 4 Form 3111 '1101 b BY SIG~NiI~G BELOV~~, Borrower accepts and a~_*rees to the terms and urvenants contained iii this .yd~ustable P.~ite Rider. -e~~y'"~~ (Seal) (Seal) DEBkP. A YOUNG -Burrower -Borrower (Seal) -Borrower - (Sep) -Borrower _ (Seal) -Borrower (Seal) -Borrrnver _ (Sea1) -Borrower _ (Seal) -Borrower -822R (0008) Page 4 of 4 Form 3'11'1 1/D1 ___ _ -- Lnta~ Loa r. Servicinc, LP PRESORT N O Box EYJ1 G First-Class tvEail letnecule. CF. J2539-~K110 U.S. Postage Intl _ _ 7~,.1, ~ 8.2 5 7 14.72 _4 5.,~-y _. 9 a.6,6 ___ _ .-----Lmori Lcxtr~ Servicing L~ ------ --------= _ _ . Attn. ~ asi~ lolanagenieni Uelianmen~ _.=P-.G.-Box=Yi327 "":_ ~~ _ -_ _ I-louston, TY. 77110-4:337 - _ Song Gorresl~onoence-lo: Lrnon Loan Servicing LP A11n Customer Assistance Response Team 4L'23 Luol~ Ventral Urwe Houston, TY 77031 ~i~i~iii~i~~~~u~~iiiiu~~i~n~i~ii~u~i~ii~~ni~i~~~iu~iii~~ DEBRA YOUNG 120 CLARKS DR DUBUQUE. IA 52001 zoo~oast-ao 1 EXHIBiTi d E j .+~ ~ ~ ~~, 2c Loop Cenual DT;ve -- -- - S ~ 1 ~)~~ _.~'rU1~~11.Q -- ~C.. L . ,.~ ,ilk _ -~ ~ .. Nf - - ~ ~ __.....__.__. __._....~._.._ .~..._.__.._~ _____.. _..__ ___.-_ ~_,._.__ 1 U 1e 7-~"~~ x.1.1 ~ .._-° °- F~; (71.y6~-a9QG _ --. __ _ _ - _. _ .. __ _ _. - stloan cnm ~... -- - - wuLw litt© D>/I3I'Ly ~~"UT_TNG Seri Via Certified Mai] 120 CL.4h1~E DF 7],13 8257 1472 4584 9866 DUj=3UQtTE, Lei ?001 NU I'ICE OF ~~f~AUL'I' A1tiTD IN''rEN'I' `I'U ACCLLE~'tiATE Itie: Deed of I'rust`IVlortgaoe Dated: 4i 13,'2004 Loan #: 9] 06999 Property: 120 Clarke Drive Dubuque, IA 52 00 ] Dear lviortgagor(s): Litton LOadl Sel'~'lCll7~ LP ("Litton"), on behalf of the. ov,~~er and bolder of your mortgage loan, a,.~d in accordance With tt~e referenced Deed of TrastlMortgage and applicable state la~s~s, provides you z~~ith forma] notice of the following: The mortgage loan associated ~~ith the referenced Deed of TrustlMortgage is in default for failure to pa}~ an~oLU7ts due. To cure this default, you must pay all amounts due under tl~e terms of your Note and Deed of Tn~st/Nlortgage. As of 5131/2007, the total amount necessaay to bring your loan current is $1,327.65. Additional arnotu7ts may become clue and payable under yotu Note and Deed of Trust,'Mortgage. after x/31/2007. For the exact amount.you_rrnast,py to bring yotu~ loan cun~eirt, please. contact ow~ office at (~00) 999-501. Payment. must be in tl~e. form of cashier's check, money order, or banl~ certified funds. if you leave not cured the default ~=.~ithin foray five (4.5) clays of this notice, Litton ~~'ill accelerate the rnattuity date of the Note and declare al] outstanding amounts under tl~e Note inunediately due and payable. Four property that is collateral for ii~e Note may then be scheduled for foreclosuue in accordance with the terms of t1~e. Deed of TrustlMortgage and applicable state. laws. You have the right to reinstate your loan after acceleration and the right to bring a court action to clam that your loan is not in default or any other defense to acceleration and sale that you may ha-~'e. This notice remains in effect until the default is cured. ;_ 4_<~ , U on acceleration of your Note Litton «'i]] refer the ro eity for foreclosure. The time re. used ~~~ p p ~ P q ~'"~ for foreclosure in the property state is approximately 150 days. In accordaa~ce ~~~ith the terms of votL Note and Deed of Trust/IViortgage and applicable state laws; if Litton prevails in its c foreclosure ~u;tion, you may inc~n costs of foreclosure, sucl~~ as title docunzentatzon, filzn~~ fees for tine complaint, sea-vice of process, publication, recording of jud~.rzent, anci ot1~~r required -- __ _-__ _ ..;~~t~ynn~~~ ~ au mar a]so avc.zn aita~e~ -Fees in a~! ~,rn~~uazt~ ifi.~9~~>G~(),(~ .,~~,~,~i-~z~r n^~ anr~sl - - __ . _.~_,__.. _~~i~oi:~r,. a.szire`=~ri~~zi e~ a">~. ~e;>~~s-a3~c~.cust~::.as58~;~ar~1 ~~~a-~".-~%e~b~ii~..~~.~~°.~:-es~'i~~~~ ____~..~.. ~"-_ ~ __w__ - on]y aud.are dependent_upox~ various factors. _ _ __ L.ittctn i~si.ale}~f_t:~ilc_~f~r_attemp(,iu~;_to..cc~llect_~i cJciyt.._This n~tice,is_senl t~_y~ca_iv au __ _ _-- attempt to collect l:he debt rei'errcd to i^ the 1'oregoiug paragraphs and any informa.tio^ uhtained iro~7z you ~~~ill he used for i:hal purpose. For vour benefit and assistance, d~~ere a.re governn~~ent apprvvecl homeownership counseling agenczes designed to help horneotn•~~ers avoid losing their homes. To obtain a ]ist of approved counse]ing agencies, please call (S00) 569-427. If you are not obligated on the debt or if the debt has been dischas~g.ed in a baa~la~aptcy proceeding, die servicer is not attempting to collect horn you personally. ~'ou are being given thzs notice as a courtesy because your interest in tl~e. real estate may be affected. This matter is very important. Please give it yow~ imrr~eaiate attention. Sincerely, Default ,~dministz~atior, Department i4 Lnton Loan Sr rviciru; LP F'.G. Bo>: SK11G Ternecwe. Cf-, 925P5-~J10 _ .. rss ~_~.......___ -- _ Send F,~y1*ienle To: _ _ ~ -:Luton Lcan Servicing L'P-~-- -- _ _ Attn: Casb Ivlana4Pmen1 Uet~anrnont _ .. __P:S1_Hor.4iEt7_-- ---------------- Houston, TY, 77?10-43[7 Sena Corte s;.~oncu~ru:e l o. Lntcm Loan Servic;uiy LP A11n. Customer Assi:;lrlnce Res~,onse -(e~un 452~~ Look. Gernral Dave Houston, TY 7705'1 I I ~ I I PRESOFT Flrst-Class Pvlail i U.S. Postage and ZZD491,2y48 IIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIII DEBRA 1'UUNG 12G CLARKE DR DUBUC,~UE; IA 52001 zoo~oayl-so rt~u .r ~c ~ ~ ~ ~ ~, 4 ~2~> Look Central Dnve .,_ .,_Fa? ~713j ~f~6 ~90E-. _ _ __. _-- ._.__ DEl3]ZA YOUNG 120 CLAKILE DR D1JBt1QUE, v3 52001 NU'J'ICI/ O><' DI/TAUL'I' ANID II~iTENT `I'O ACCELIII2ATE I'.e: Deec1 of Trust;~Mortgage Dated: '1/13/2604 Loan #: 91058999 Property: 120 Clarke Drive Dubuque, Ifi 52001 Dean Mortgagors j: Litton Loan Servicing LP ("Litton"), on behalf of the ot~~r~er and holder of yo us~ mortgage loan, and ir] accordaa~ce ~~rith the referenced Deecl of Tr~.1si1~7vlortgage aucl applicable state lat~~s, provides you «~~th forma] notice of the. follot~~ing: The molzg.age Joan associat.e.d «~ith the referenced Died of TrustlMortgage is in default for failure to pay amounts due. To cure thrs default, you must pay a]] amounts due. tinder the teens of yotu Note and Deed of TrustlMortgage. As of 8/31!2007, the total amount necessary to bring your loan current is 1,327.65. Additional amolu~ts may become. clue and payable tinderyotu~ Note aald Deed of TrustlMortgage after 8/31 /2067. For the exact arl~ount you must pay to bring yotu~ loam cun~ent, please contact otu~ office at (800) 999-8501. Paymentmust be in the form of cashier's check, money order, or back certified fiords. If you have not cured t1ae. default «-ithin forty five (45 j days of this notice, Litton ~~~il] acceJ~rate the mat~u~ity c1ate of the Note. and deelaa~e all outstanding arl~ounts under the Note irnme.diate.ly due and payable. Four property that is coJ]a.teraJ for the Note. may then be scheduled for foreclosure in accordance «~ith the. tenl~s of the Deed of Tr~ust/Ivlor~tgage and applicable state la~~~s. You have the right to reinstate your loan after acceleration and the right to bring a court act7on to claim that your loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. r~" "V L? on acceleratjon of your Note.. Litton «-ilJ refer the property for fore.c]osure. The time required ~~'s`- P for foreclosure ~n the property state ~s approxirnat.ely 180 clays. In accordance with the temis of your Note anc] Deed of Trt:st.~]vior-tgape and applicable state ]a~~~s, ~f Litton prevails in its T fUreC1p5171'e aCt70n. '~~OU li'7a.V ll7CU1~ COSTS Oi t0] CC105UTe, StlC~7 aS title dOCtll1~e17taZ70L', flung lees IOI' tl~e complaint; service of process, publication, recording of itldgment, and other required --r~nsev~. ~ c~Lraxaaa~ ~1s4> >~acu~ .attcu~F ie~s ~i~ a~~ ~axaoupt u~, i.~, ~8~(a ,OQ T~a~ azraz~zz7ea ~nec~ _.. , _- ~. ; , ; , ,~~ ~ tar~%~hrae ,~ia~-~''~`~,~'r~a ~ ~ :~-~~'~~~i'~~~~1~ a 1'~7~~ c,l~~t?~~ ~aC-~v~~ a~ ~ e~~r~ '~ _..~ _ .... _ :~ only alxd-~~e c3e1?ei~cleirt upon var~ous,~aefc~rs.- _--. - Litton is ~~ debt collector at:teinpting to collect a debt. This notice is sent to }you in an attempt to collect. the debt referred to in the i'oregoing l~aragrap s anc]~au~~iuformatiun obtained from ,you ~i~i11 be used ibr that purpose. For vour benefit and assistance, d~iere ~u~e gove»alnez~t appro•,~ed horneo~nwership counseling. agencie_~~ des~gne~a to l~~e]p l~urneo~~~l~ers avoid losn~g the~i homos. To cibtaan a Jisi of approved counse]~i~g agencies, pleas? cal] 0001 ~C~-'1"'87. 1f you aa~e not obligated on the debt or if tl~e debt has been discharged in a baulaziptcy proceeding, tl~e sei~~icer is not attempting to collect fro17~ you personally. You are being gi-,~en t11is nonce as a courtesy because your interest in tl~e real estate r1~a,y be affected. This matter is very important. Please give it your immediate attention. Sincerely, Default Acixninistration Department 1 .. IN THE~TOWA DISTRICT COURT FOR DUBUQUE COUNTY MORTGAGE ELECTRONIC _ REGISTRATION SYSTEMS, INC. SOLELY AS NOMINEE FOR FIELDSTONE MORTGAGE COMPANY, Plaintiff, vs. DEBRA A. YOUNG, SPOUSE OF DEBRA A. YOUNG, TRI-STATE ADJUSTMENTS FREEPORT, INC., HOUSEHOLD FINANCE INDUSTRIAL LOAN COMPANY OF IOWA, CITY OF DUBUQUE, and PARTIES IN POSSESSION, Defendants. ~QIJITYNO. ATTORNEY'S FEE AFFIDAVIT STATE OF IOWA ) ss: COUNTY OF POLK ) I, Matthew E. Laughlin, being first duly sworn on oath, hereby depose and state that I am a member of the firm of Davis, Brown, Koehn, Shors & Roberts, P.C., the attorneys for the Plaintiff in the above-entitled cause; 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 ain a regularly 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, EXHIBIT "D" as~~6ss r - - -- _- - - - - T. ~ - .~ _ .... .. -- ...... w ~ ~._.__~~ ....__ _. _ _ _ _ ... ~ ..._,~,.r... ,.,__ _ _ . - . ,.,Y _~.y,T...., . ._..,_ _.., . _. _ ._ ~.__ ....__. _, __.. .,._ express or implied between me and an_y other person or persons except other practicing attorneys __ . -__ _ . engaged with me in this action, for a division or sharing of tt~~--,,e tt ne s f sprayed for herein. __ -~ ---- - _ -- -- -- . __ --__ - - - ___- --I-=__ -.___- E. 11~z~>?hlin Subscribed and sworn to before me thisday of ~' ~ , 2007. ~" ~~ ~ ``,~ Co;rmissi~n Number 74180b %c~w F::;,,,}~J i~A i iras Notary Public, to of Iowa 2