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Claim by Dubuque Bank and Trust THE IOWA DISTRICT COURT, DUBUQUE COUNTY Directions for Service of: ORIGINAL NOTICE WITH ATTACHED PETITION FOR FORECLOSURE OF REAL ESTATE MORTGAGE TO: Dubuque County Sheriff P.O. Box 1004 Dubuque, IA 52004-1004 SERVE: CITY OF DUBUQUE c c AT: c/o CITY HALL, 50 W. 13T" STREET DUBUQUE, IA 52001 N ON COMPLETION OF SERVICE NOTIFY: DAVID L. CLEMENS Clemens, Walters, Conlon & Meyer, L.L.P. 2080 Southpark Court Dubuque,lA 52003 SPECIAL INSTRUCTIONS OR INFORMATION RELATING TO SERVICE: PLEASE SERVE THE CITY CLERK NAME AND SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR: CLEMENS, WA RS, CONLON & MEYER, L.L.P. gy: L/ Z/ DAVID L. CLEMENS Date: ~ ~ t so Telephone No. (563) 582-2926 Deposit for Cost of Service X Deposit Waived Deposit for $ required and receipt thereof acknowledged. Clerk of Court 1 ~ s IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY DUBUQUE BANK & TRUST COMPANY FED ID#42-0223620 Plaintiff, vs. LARRY J. GOEDERT and TARA M. GOEDERT, husband and wife BRIMEYER AUTO BODY, INC., TRI-STATES ADJUSTMENT FREEPORT, INC STATE OF IOWA, CITY OF DUBUQUE and IOWA DEPARTMENT OF REVENUE Defendant. ORIGINAL NOTICE TO THE ABOVE NAMED DEFENDANT: 01311 ~~ ~-'~ ~ ~ ~ ° '~ ~ You are notified that a petition has been filed on the -~ day of J ~~ , 200$, in the Office of the Clerk of this Court, naming you as the Defendant in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the Plaintiff is David L. Clemens, Clemens, Walters, Conlon & Meyer, L.L.P., whose address is 2080 Southpark Court, Dubuque, IA 52003. That attorney's phone number is 563-582-2926; facsimile number is 563-582-2998. You must serve a motion or answer within 20 days after service of this Original Notice upon you, and, within a reasonable time thereafter, file your motion or answer, with the Clerk of Court for Dubuque County, at the 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 ADA coordinator at (563) 589-4448. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) ~~ CLERK OF COURT Dubuque County Courthouse Dubuque, IA 52001 (SEAL) IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. r~ IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY DUBUQUE BANK & TRUST COMPANY FED ID#42-0223620 ~ Plaintiff, ~ vs. j LARRY J. GOEDERT and j TARA M. GOEDERT, husband and wife ~ BRIMEYER AUTO BODY, INC., j TRI-STATES ADJUSTMENT FREEPORT, INC. ) STATE OF IOWA, CITY OF DUBUQUE and j [OWA DEPARTMENT OF REVENUE j Defendant. j j r-? -~: ~ ~ .-:; Y.: ... , ,~~ ~ ,. °, ;: `` ~ ' c~ ~,, 01311 ` r.• ~`~ rC_ •~'? ~ - x/~' .3' ~ ~ ~ % ~. ti y~` ` ,. . ~~ a ~ l A j~ PETITION FOR FORECLOSURE OF REAL ESTATE MORTGAGE COMES NOW Plaintiff, Dubuque Bank & Trust Company, and states: (1) This is a mortgage foreclosure action under Chapter 654 of the Iowa Code. The mortgaged property is not used for an agricultural purpose as defined in Section 535.13. Pursuant to Section 654.20 of the Iowa Code, Plaintiff elects foreclosure without redemption. NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT R WRiTTEPJ DEN9AND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT] FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS AONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT AONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY, YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS AONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT AONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. (2) Plaintiff is an Iowa Banking Corporation/mutual deposit institution with its principal place of business in Dubuque, Iowa. (3) Defendant Larry J. Goedert and Tara M. Goedert, are residents of Dubuque County, Iowa. (4) All other Defendants may have an interest in the real estate described herein. (5) On March 16, 2001 Defendant Larry J. Goedert and Tara M. Goedert, made, executed and delivered to Plaintiff, Dubuque Bank & Trust Company, one certain Promissory Note in the principal sum of $79,000.00, a copy of which Promissory Note is attached hereto as Exhibit "A" and by this reference made a part hereof. (6) At the time of the execution and delivery of said Promissory Note of March 16, 2001, Defendants Larry J. Goedert and Tara M. Goedert, executed and delivered to Plaintiff, Dubuque Bank & Trust Company, a Real Estate Mortgage, duly acknowledged, to secure the payment of the Promissory Note and covering the following described premises situated in Dubuque County, Iowa: Lot 37, and the Northerly 10 feet of Lot 36, in "Falk's Subdivision" in the City of Dubuque, Iowa, according to the recorded Plat thereof which Real Estate Mortgage was filed for record on March 21, 2001 with the Dubuque County Recorder as Instrument No. 3500-01, copy of said Mortgage is attached hereto as Exhibit "B" and by this reference made a part hereof. 2 (7) Defendants Larry J. Goedert and Tara M. Goedert, have failed to make the required payments due under the terms of the Promissory Note and Real Estate Mortgage of March 16, 2001 and, consequently, said Defendants Larry J. Goedert & Tara M. Goedert are in default under the terms of said Promissory Note; the required monthly payments of $640.40 have not been made for more than six months; pursuant to the terms of the Promissory Note and Real Estate Mortgage, Plaintiff, Dubuque Bank & Trust Company, has elected and does hereby elect to declare the entire indebtedness secured by the Real Estate Mortgage to be immediately due and payable; the total amount due and owing on said indebtedness by Defendants Larry J. Goedert and Tara M. Goedert as of November 27, 2007 is as follows: Principal _ $77,933.25 Interest to 11/27/07 $ 3,181.84 Escrow Shortage $ 540.59 Late Fees $ 1.835.44 Total $83,491.12 In addition, interest on said indebtedness is accruing at the rate of 8.6250% per annum from and after November 27, 2007. (8) On June 5, 2007 Plaintiff sent Defendants Larry J. Goedert and Tara M. Goedert, a Notice of Right to Cure Default, which is attached hereto marked Exhibit "C". Said Defendants Larry J. Goedert & Tara M. Goedert have refused and failed to cure their default. (9) The Promissory Note and Real Estate Mortgage provide for the collection of reasonable attorney fees from mortgagors Larry J. Goedert & Tara M. Goedert in the event of suit for the collection of said note; pursuant to the provisions of Section 625.22 of the Code of Iowa, the Court should allow, and tax as part of the costs, reasonable attorney's fees to be determined by the Court; the required Affidavit of said attorneys under Section 625.24 is attached hereto as Exhibit "D" and by this reference made a part hereof. (10) Plaintiff, Dubuque Bank & Trust Company, is the owner and holder of the Promissory Note and Real Estate Mortgage which are attached hereto as Exhibits "A" and "B", and no proceeding, action or suit has previously been commenced thereon. (11) The mortgaged real estate which is the subject of this foreclosure is not commercial property, is not agricultural in nature, but is the residence or homestead of the mortgagors Larry J. Goedert and Tara M. Goedert. As referred to in paragraph (1) herein, Plaintiff has elected to proceed with this foreclosure without redemption and, accordingly, sale of the mortgaged property will occur promptly after entry of judgment unless Defendants Larry J. Goedert and Tara M. Goedert, file with the Court a written demand to delay the sale. If a written demand is filed, the sale shall be held promptly after the expiration of six months from entry of judgment pursuant to Section 654.21 of 3 the Iowa Code, and there will be no right of redemption following sale. Plaintiff waives its right to a deficiency judgment against Defendants Larry J. Goedert and Tara M. Goedert. (13) Plaintiff waives all right to deficiency judgment against the Mortgagors Larry J. Goedert & Tara M. Goedert which may arise out of these foreclosure proceedings in accordance with the provisions of said mortgage. (14) Defendant Brimeyer Auto Body, Inc. may claim an interest in said property as a result of a Judgment entered on June 22, 2004 in the Iowa District Court in and for Dubuque County in SCSC52154 against Larry J. Goedert and Tara J. Goedert in the amount of $552.00, with interest and costs which remains unsatisfied. Said claim would be junior and inferior to that of the Plaintiff. (15) Defendant Tri-States Adjustments Freeport, Inc., may claim an interest in said property as a result of a Judgment entered on July 26, 2008 in the Iowa District Court in and for Dubuque County, in SCSC57386 against Larry John Goedert and Tara Marie Goedert in the amount of $2,285.40, with interest and for costs which remains unsatisfied. Said claim would be junior and inferior to that of the Plaintiff. (16) Defendant State of Iowa may claim an interest in said property as a result of a Judgment entered on November 20, 2004 in Case NTWE733793 against Tara Marie Goedert in the amount of $142.00. Said claim would be junior and inferior to that of the Plaintiff. (17) Defendant State of Iowa may claim an interest in said property as a result of a Judgment entered on November 29, 2004 in Case NTWE733794 against Tara Marie Goedert in the amount of $437.00. Said claim would be junior and inferior to that of the Plaintiff. (18) Defendant City of Dubuque, Iowa may claim interest in said property as a result of a Judgment entered on August 24, 2007 in Case CICV060278 against Tara Marie Goedert in the amount of $70.00. Said claim would be junior and inferior to that of the Plaintiff. (19) Defendant Iowa Department of Revenue may claim an interest in said property as a result of a Notice of Tax Lien filed October 3, 2007 as Instrument No. 2007-15081. Said claim would be junior and inferior to that of the Plaintiff. (20) To the information and belief of Plaintiff, none of the Defendants named herein are members of the Armed Services of the United States of America, and none of said Defendants are under any legal disability. 4 WHEREFORE, Plaintiff, Dubuque Bank & Trust Company, prays for judgment in rem against the above described real estate set forth in paragraph 6 above for the sum of $77,933.25, same being the amount of unpaid principal; interest in the amount of $3,181.84 as of November 27, 2007; late charges in the amount of $1,835.44; plus escrow shortage in the amount of $540.59; plus interest at the rate of 8.6250°/o per annum on the principal sum of $77,933.25 plus reasonable attorney's fees as determined by the Court, and for such other additional costs as may be incurred by Plaintiff. Plaintiff further demands and prays for judgment and decree establishing Plaintiffs real estate mortgage upon the following described real estate, to-wit: Lot 37, and the Northerly 10 feet of Lot 36, in "Falk's Subdivision" in the City of Dubuque, Iowa, according to the recorded Plat thereof as a first and superior lien upon the above described real estate and foreclosing said real estate mortgage for the full amount of the aforesaid judgment, interest, attorney's fees and costs. Plaintiff further prays that its mortgage lien be established as of March 21, 2001, the date of the recording of said mortgage, and that the lien, claim, right, title or interest upon the mortgaged premises of each and all of the Defendants in this action be adjudged and decreed to be junior, inferior and subject to Plaintiffs first mortgage lien and that Plaintiffs first mortgage lien be adjudged and decreed to be prior, superior and paramount as against each and all of the Defendants herein, and as against any and all persons claiming by, through or under any of said Defendants with respect to the real estate which is the subject matter of this action; that Plaintiffs first mortgage be foreclosed and that the sale of the real estate be held promptly after the entry of judgment unless Defendants Larry J. Goedert and Tara M. Goedert, file a demand for delay of sale, in which event said sale shall be held promptly after the expiration of six months from entry of judgment; that pursuant to the provisions of Section 654.20 through Section 654.23 of the Iowa Code, there be no redemption rights following sale, and the purchaser at sale be entitled to an immediate deed and immediate possession of the real estate; and, if necessary, a writ of possession then issue forthwith to the Sheriff of Dubuque County, Iowa, authorizing, directing and empowering said sheriff to remove any and all persons from said real estate and put the purchaser at sale under this foreclosure in possession thereof. Plaintiff, Dubuque Bank & Trust Company, further prays that in the event it shall pay any taxes or special assessments which are or may become a lien against the real estate, or advance any other sums as protective disbursements secured by said real estate mortgage, including, without limitation, insurance, abstracting fees of $125.00 and other expenses as provided for in said mortgage, that Plaintiff be given an additional lien against the real estate for the amount so advanced. 5 Plaintiff asks for such other and further relief as may be just and equitable in the premises. DUBUQUE BANK & TRUST COMPANY, By: David L. Clemens-#000000880 Of Clemens, Walters, Conlon & Meyer, L.L.P. 2080 Southpark Court Dubuque, IA 52003 Tel: (563)582-2926 Fax: (563)582-2998 6 STATE OF IOWA ) ss. DUBUQUE COUNTY ) I, Shari E. Bartels, being first duly sworn on oath, depose and state that I am Vice President of Dubuque Bank & Trust Company, Plaintiff in the above entitled action; that I have read the foregoing Petition for Foreclosure of Real Estate Mortgage, know the contents thereof, and the statements contained therein are true and correct as I verily believe. Shari E. Bartels Subscribed and sworn to before me this ~fh day of ora''`~ s DEBORAH S. WILSON z~ Commission Nurnber 733771 My Cortunission Expi-es ~ A ri15,.2008 ,~~ Q.~ 1 ~~ Notary Public 7 ~ ~ NOTE Marco 16. 2001 DUBUQUE Iowa (Datel [City] (Statel 1695 RUANN DR, DUBUQUE, IA 52001 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ ]9 , ~~~ , DD (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is DUBUQUE BANK AND TRUST COMPANY , IOWA STATE CHARTERED BANK I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." Z. 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 8.6250 ~ 9'0. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on May 1, 2001 . I will make these payments every month until T have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on Apri 1 1, 2031 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date. " 1 will make my monthly payments at 1398 CENTRAE AVE , DUBUQUE , IA 52001 , or at a different place if required by the Note Holder. (B) Amount oP Monthly Payments My monthly payment will be in the amount of U.S. $ 614.45 4. BORROWER'S RlGl3'I' TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal • that [owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. GOEDERT, 110618 0942577090 MULTISTATE FIXED RATE NOTE-Singte Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT -5N 10005( Mwosroo Form 3200 1101 ~ VMP MORTGAGE FORMS - (eQ01b2[•7291 Page t of 3 IniBab: EXHIBIT .-: • S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan chazges, is ftnally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ],5 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . ~~~~ % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and al! the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 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 [o the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. GOEDERT, 110618 0942577090 -SN I00051 Pepe 2 or 3 A }~ _ .f. ' Form 3200 tl01 x INtieb: • ~ l0. UMFORM SECURED NOTE This Note is a uniform instrument with limited variations in same jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed ([he "Security Instrument"), dated the same date as this Nate, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender tnay require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Less than 30 days from the date the notice is given in accordance with Section 1S within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. L ~~ (Seal) LAWRENCE J OEDERT JR -Borrower Pay to the order of without recourse. Dubu Ba c S T '~rj( „ BY : '~ Michael J.McCu g Vice President GOEDERT, 110618 _ (Seal) -Borrower _ (Seal) -Borrower . (Seal) -Borrower 0942577090 •`~ ~ (Seal) TARA M GOEDERT -Borrower . (Seal) -Borrower . (Seal) -Borrower _ (Seal ) -Borrower [Sign Original Only) -5N roooal Asp.3 or 3 Form 3200 1101 `•. • .. .~~ -ry t ~C~t~~J ~tJtst)~~- ~2Q0{ HAR 2 ~ A~! 10~ ( 2 Prepared By: LINDA S WESSELS DUBUQUE BANK AND TRUST COMPANY 1398 CENTRAL AVE, DUBUQUE. IA 52001 (319) 589-2144 Return To: DUBUQUE BANK AND TRUST COMPANY 1398 CENTRAL AVE, DUBUQUE, IA 52001 ~Pu,~~H~ [Space Above This Line For Recording Data) MORTGAGE DEFINITIONS KAT1iY FLYNN T1i1,1i2LG'19 ~! ^~ DUBUlIUE CO E 0'~A FEES ~ V1 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 16 , 2001 together with all Riders to this document. (s~ "Borrower" is LAWRENCE J GOEDERT JR and TARA M GOEDERT, husband and wife Borrower is the mortgagor under this Security Instrument. GOEDERT, 110618 0942577090 IOWA-Single FamilyFannte MeslFraddie Mac UNIFORM INSTRUMENT ~® 6{IAI cooosl Pape 1 Ot 76 MW OSI0O Irit181a: VMP MORTGAGE FORMS • 18 0015 2 1-7 2 91 0 Form 3016 1101 .. C ~,.~IDfT..,;.. B a . ~'~`' : ~ (C) "Lender" is DUBUQUE $ANK AND TRUST COMPANY • :,: . Lender is a IOWA STATE CHARTERED $ANK organized and existing under the laws of THE STATE OF IOWA Lender's address is 1398 CENTRAL AVE , DUBUQUE , IA 52001 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated March 16 , 2x01 The Note states that Borrower owes Lender$eVt'nty Nine ThOUSdnd and nd/100 Dollars (U.S. $ 79 , 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Apri ] 1. 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ 1-4 Family Rider ^ VA Rider ^ Biweekly Payment Rider ©Other(s) [specify] TIMLY PAYMENTS REWARD RIDER (I~ "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law} as well as all applicable final, non-appealable judicial opinions. {I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii} conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. {N) "Periodic Payment" means the regularly scheduled amount due for (i} principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ~; GOEDERT, 110618 0942577090 t Initials: I J vl I i 11 :J' 1 d 0 -811A1 100051 Gaga 2 or i 5 Form 3018 1101 ® ~ ,' ~ ... s ,...,~ t' '~,~»~ • • `., (O) "RESPA" means the Real Estate Settlement Procedures Act (1Z U.S.C. Section 2501 et seq.} and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender, with power of sale, the following described property located is the COUNTY of DUBUQUE . [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 37; AND THE NORTHERLY 10 FEET QF LOT 36; IN "PACK'S SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. (THIS IS A PURCHAE MONEY MORTGAGE) Parcel ID Number: 10 - 27 -106 - O 15 which currently has the address of 1695 RUANN DR [strcetJ DUBUQUE [City] ,Iowa 52001 (Zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against ali claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with ]invited variations by jurisdiction to constitute a uniform security instrument covering real property. GOEDERT, 110618 0942577090 0': ~~t~~~: ~~ 6t1A1 cooosi P.e• 3 0~ i 5 Form 3016 1101 ~.. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Iterns, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment chazges and late charges due under the Note. Borrower shall also pay funds for Escrow hems pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security lnstrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the Iocation designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which $orrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security instrument. Z. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late chazges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. >h~nds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community GOEDERT, 110618 0942577090 tnitia~s: ®®8(IA1 iooos~ Peye a or i s Form 3016 1101 i , ~ , ~ • • f ~,,'.i :. Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow item. Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has .been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated fo pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow 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 this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to excced the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not chazge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a chazge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith GOEDERT. 110618 0942577090 In![i•1•: ~® 6{)p) 10005! a•y 5 or i 6 Form 3016 1101 . by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge far a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazazds included within the term "extended coverage," and any other hazazds including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time chazge for flood zone determination and certifscation services and subsequent changes each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower, If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any partieulaz type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. ASl insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shalE name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law GDEDERT, 110618 0942577090 ~fYt~B~i: -(i(IA) iooo5~ aaQe a or ,s Form 3016 1/Ot • ~ i requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees fqr public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice ac the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed [o provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If {a} Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or GOEDERT, 110618 0942577090 0 Initiaia= -611A) iooos~ rape ~ of ~ s Form 3016 1101 . regulations), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 4. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement GOEDERT, 110618 0942577090 Initials: ®6{IA) 10005) Pepe 8 0! t 5 Form 3016 1/o'f • • Y. ~ provides that an affiliate of Lender takes a shaze of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. {b) Any such agreements will not affect the rights Borrower has - it any -with respect to the Mortgage Insurance tinder the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. A!l Miscellaneous Proceeds aze hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair mazket value of the Property immediately before the panial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of GOEDERT, 110618 0942577090 Inltiels: ~® 611A) iooosr Peps 9 of t 5 Form 3016 1101 any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of $orrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-sigaers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"}: (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consen[. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain alt of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be created as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in GOEDERT, 110618 0942577090 0 i~~t~~~ •6t1A) 100051 Page 10 0l 1 5 Form 3016 1101 • . .~ , ~ .. ' • connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. Tf any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable I.aw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a} words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shalt be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneliciai Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in ful! of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ]f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b} such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to GOEDERT, 110618 0942577090 Initisls: ®6ilA- cooosi Pats i i or is Form 3016 1/01 _, Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos~or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Envirotunental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazazdous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property {a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consutner products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. GOEDERT, 110b18 0942577090 inlna~a: -6((Al ioooai Pape i z or , s Form 3016 1101 m • ~ ~ •~ NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 ttnless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d} that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right .to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in Pull of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower relinquishes all right of dower and waives all tight of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 2S. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS 1N MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNIIVG THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Borrower LAWRE ~ J OEDERT J ( Date BorrowerTARA M GOEDERT Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date GOEDERT, 110618 0942577090 (~ -611A- {00061 Ppe 13 of 16 Form 3018 1101 ~ ~ ~' 26. Redemption Period. If the Property is Less than LO acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shat! be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGMNG. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED W THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees io the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower GOEDERT, 110618 C(IA) tooo5l • (Seal) LAWRENCE J GO DERT JR -Borrower ~~ t~ ~~ (Seal) TARA M GOEDERT -Borrower _ (Seal) -Borrower _ (Seal) Borrower _ (Seal) -Borrower 0942577090 Pepe 14 of 1 5 • Form 3016 1 /01 M 1 ~] . ~ • . STATE OF IOWA, DUBUQUE County ss: On this 16th day of March, 2001 ,before me, a Notary Public in the State of Iowa, personally appeared LAWRENCE J GOEDERT JR and TARA M GOEDERT to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same ashis/her/their voluntary act and deed. My Commission Expires: t+V a, Notary lic in and for said County and State Ja W. Walsh ~~~a~s ~ ~ fiber za. zooz ci ¢' Q GOEDERT, 110618 ®-g{IAl cooosF 0942577090 Pepe 75 0l 15 IniUe4: 0 Form 3016 1/01 M ~_ ~ .y 1: ; fl~~t~Q'~F~ANK$r ~~~~T MEMBER HEARTLAND f1NANCIAL USA. INC. 1398OcNTRAL AVENUE • P.O. BOX i79 • OU'BUOUE. fA 52001-0779 =NON.E (5631589-?000 • TOLL FREE (800) 397 ~^OCO • FAX (563) 589-ZOt i June 5, 2007 NOTICE OF RIGHT TO CURE DEFAULT LARRY J. GOEDERT TARA M. GOEDERT 1695 RUANN DR. DUBUQUE, IA 52001-5325 RE: LN # 942577090 Property Located At: 1695 RUANIV DR DUBUQUE, IA 52001 Deaz Mr. & Mrs. Goedert: You are now in default on this credit transaction. You have a right to correct this default until July 5, 2007. If you do so, you may continue with the contract as though you did not default. Your default consists of not having made the April 1, 2007, payment in the amount of $774.00, May 1, 2007 and the June 1, 2007 payments in the amount of $915.00 each. CORRECTION OF DEFAULT: Before July 5, 2007, payments totaling $4,247.32 must be made. This amount includes late charges of $1,643.32 This amount does not include the July 1, 2007 payment in the amount of $915.00 that would also then be due. If you do not correct your default by the date stated above, we may exercise rights against you under the law. If you default again in the next year, we may exercise our rights without sending you another notice like this one. If you have questions, please call me toll free at 866-845-2120 immediately. S' cerely, L$-~ Cazol A. Dotson Retail Collector Mortgage Servicing & Retail Collection Center Per the Fair and Accurate Transaction Act, we are required to state the following: WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE RELFELCTED IN YOUR CREDIT REPORT. FMmter FDiC ~nviv.duououeaanA cam ;L" ~u;, ~Hlgll' , -- - - ~ M ,..y IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY DUBUQUE BANK & TRUST COMPANY ) FED ID#42-0223620 ) Plaintiff, ) vs. ~ LARRY J. GOEDERT and TARA M. GOEDERT, husband and wife BRIMEYER AUTO BODY, INC., TRI-STATES ADJUSTMENT FREEPORT, INC STATE OF IOWA, CITY OF DUBUQUE and IOWA DEPARTMENT OF REVENUE Defendant. ATTORNEY'S FEE AFFIDAVIT STATE OF IOWA ) ss. DUBUQUE COUNTY ) 01311 I, DAVID L. CLEMENS, being first duly sworn on oath, depose and state that I am associated with the law firm of Clemens, Walters, Conlon & Meyer, L.L.P., 2080 Southpark Court, Dubuque, Iowa, 52003, attorneys for Plaintiff in the above-entitled action. I further state that there is no contract, agreement or arrangement, either oral or written, express or implied, contemplating any division of compensation for such services, or participation therein, directly or indirectly by any other person, firm or corporation with me as such attorney, unless it be with my associates in the law f' m of Clemens, Walters, Conlon & Meyer L.L.P. DA ID L. CLEMENS `~,,~ Subscribed and sworn to before me this Z7 day of f(~~~~ ~,,~ ~ e ~ , 20~. G~~~ Notary Public • `~ , Ca:nrrds~st t~ 1i ~. ~ 1 6syComry Fem. '~ E~fMIBff ~~ D