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Claim Associates Home EquityIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNT~~ '~' ASSOCIATES HOME EQUITY EQCVO 92333 SERVICES, INC., 06-1104540 Plaintiff, VS. MICHAEL S. BECKETT; : THERESA L. BECKETT; CITY OF : DUBUQUE, HOUSING SERVICES : DEPARTMENT; H AND R ACCOUNTS; : STATE OF IOWA and TRI-STATE : ADJUSTMENTS FREEPORT, INC., : Defendants.: TO THE ABOVE NAMED DEFENDANTS: EQUITY NO. ~-~d }Z313 ORIGINAL NOTICE You are notified there is a petition now on file in the office of the clerk of the above court. A copy of this filing is attached hereto. The Plaintiff's attorneys are Petosa, Petosa, Boecker & Nervig, L.L.P., by Theodore R. Boecker, whose address is 1350 NW 138th Street, Suite 100, Clive, Iowa 50325-8308. The Plaintiff's attorney's phone number is (515) 222-9400, with a facsimile transmission number of (515) 222-9121. 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, a motion or answer, in the Iowa District Court of 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 yeur district ADA coordinator at (If yeu are hearing impaired, Call Relay Iowa T~-a%--l~2}~5--~2~42). Clerk of the Above Court Dubuque County Courthouse Dubuque, Iowa 52004 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ASSOCIATES HOME EQUITY SERVICES, INC., vs. MICHAEL S. BECKETT; THERESA L. BECKETT; CITY OF DUBUQUE, HOUSING SERVICES DEPARTMENT; H AND R ACCOUNTS; STATE OF IOWA and TRI-STATE ADJUSTMENTS FREEPORT, INC., 06-1104540: Plaintiff,: Defendants.: EQUITY NO. PETITION NOTICE THE PLAINTIFF NAS 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-FA1MILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-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. The Plaintiff for cause of action states: 1. That the Plaintiff, Associates Home Equity Services, Inc., is a corporation with its principal place of business in the State of Texas. 2. That on or about May 10, 1999, Michael S. Beckett and Theresa L. Beckett made, executed and delivered to First Capitol Mortgage Corp., their promissory note in writing for the sum of $62,050.00 payable in installments, with interest at 11.15% per annum from date a copy of said note being attached hereto and made a part hereof as Exhibit "A". 3. That on or about May 10, 1999 in order to secure the payment of said note, the said Michael S. Beckett and Theresa L. Beckett made, executed and delivered to First Capitol Mortgage Corp., a real estate mortgage on the following described real estate, to-wit: Lot 2 of Lot 3 of Subdivision of part of Mineral Lots 87 and 88 in the City of Dubuque, Iowa, according to the recorded plat thereof. which said mortgage was filed for record May 14, 1999 in Instrument #8088-99 in the Recorder's Office of Dubuque County, Iowa, a copy of said mortgage being attached hereto and made a part hereof as Exhibit "B". 4. That the above note and mortgage were subsequently assigned to Associates Home Equity Services, Inc. which assignment was filed August 23, 1999, in Instrument #13685-99 an~ January 11, 2000, in Instrument #360-00 in the Recorder's Office of Dubuque County, Iowa. 5. That Plaintiff is the sole and absolute owner of zhe mortgage above mentioned; that said note and mortgage provide that if default be made at any time in payment of any installment of principal or interest, at the election of the Plaintiff, all indebtedness, without notice of such election, shall become immediately due and payable; that Plaintiff by reason of the failure of the mortgagor{s) to pay said installments, declares said note in default, that there is now due and owing Plaintiff the sum of $61,233.68 with interest at 11.15% per annum from and including June 14, 2000. 6. That the Plaintiff has given the mortgagor(s) notice of the right to cure said default and to date has received no response thereto. That the time to cure the default under the statute has now expired. 7. That said note and mortgage provide that if suit be commenced thereon, mortgagor(s) will pay reasonable attorneys' fees; that an attorneys' fee affidavit is attached hereto and made a part hereof as Exhibit "C". 8. That the Plaintiff mortgagee now hereby in writing waives any right or claim to a deficiency judgment against the mortgagor(s). That the mortgaged property is the residence of the mortgagor(s) and is a one-family or two-family dwelling. Plaintiff hereby elects to foreclose without redemption and the 3 sale of the mortgaged property shall occur promptly after entry of judgment, unless the mortgagor(s), pursuant to the Notice set forth above, files a written demand to delay the sale, in which event the sale shall be delayed until six months after entry of judgment. 9. interest named 1999, City of Dubuque, Housing Services Department for $2,000.00, mortgage was filed August 31, 1999, in Instrument ~140i3-99 the Rec©rder's Office of Dubuque County, Iowa. 11. That H and R Accounts, Inc. is named as a party Defendant because of SC 40812 wherein judgment was entered against That the Plaintiff alleges that whatever right, title or in or lien upon said real estate said Defendants may have is junior to the right, title and interest of Plaintiff, by virtue of said mortgage, which this Plaintiff avers to be a prior lien upon said real estate, the rents and profits therefrom. 10. That City of Dubuque, Housing Services Department is as a party Defendant because of a mortgage dated August 6, executed by Michael S. Beckett and Theresa L. Beckett to which in Theresa Beckett on July 2, 1999. 12. That State of Iowa is named as a party Defendant because of OWCR 039993 wherein judgment was entered against Michael S. Beckett on March 20, 2000. 13. That Tri-State Adjustments Freeport, Inc. is named as a pa~ty Defendant becuase of SC 44028 wherein judgment was entered against Theresa Lynn Beckett on November 13, 2000. 4 14. That in the event Plaintiff is required to advance additional sums for taxes, sewer rental, solid waste assessments or insurance on said real estate, the Plaintiff should be given an additional lien thereon for such amounts so advanced. 15. That said mortgage provides that any time after the proper commencement of an action in foreclosure or during the period of redemption, ~he Court having jurisdiction of the case shall, at the request of the mortgagee, appoint a receiver to take immediate possession of said property and of the rents and profits accruing therefrom, to rent the same as he may deem best for the interest of all parties concerned and shall be liable to account to the mortgagor(s) only for the net profits after application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness, charges and expenses hereby secured and herein mentioned. WHEREFORE THE PLAINTIFF PRAYS THE COURT: 1. That the Plaintiff have judgment in rem against the property involved in this action for the amount of unpaid principal and interest on said note, as provided in said note and mortgage and for attorneys' fees, abstract expense and costs. 2. That a receiver be appointed immediately to take care of, manage, lease and collect the rents from said real estate, and to apply the same in payment of costs and expenses of said receivership, repairs and expenses of said real estate, accrued and accruing taxes and special assessments, insurance premiums, 5 and in partial payment of the judgment to be entered herein. 3. That said judgment, together with interest, attorneys' fees, abstract expense, costs and accruing costs be decreed a prior lien upon said real estate from the date of said mortgage, and that all rights, interests and equities of all Defendants to this suit be declared junior to the right, the Plaintiff. 4. further title and interest of That in the event Plaintiff is required to advance sums for taxes or insurance premiums on said real estate, the Plaintiff should be given an additional lien thereon for such amounts so advanced. 5. That said mortgage be foreclosed and the Defendants' equity of redemption be barred and foreclosed save as guaranteed by law. That special execution issue for the sale of said real estate to costs. 6. satisfy said judgment, interest, attorney fees and That the Plaintiff has elected foreclosure without redemption and the sale of the mortgaged property shall occur promptly after entry of judgment or in the alternative, if a written demand for delay is filed, the sale shall occur six months after entry of judgment. 6 7. That Plaintiff be granted such further relief as may be just and equitable. PETOSA, PETOSA, BOECKER & NERVIG, L.L.P. By Theodore R. Boecker PK0000439 1350 NW 138th Street, Suite !00 Clive, Iowa 50325-8308 Telephone: (515) 222-9400 Facsimile: (515) 222-9121 ATTORNEYS FOR PLAINTIFF 7 f t • LOAN NO. • NAY 10, 1999 1- BORROWER'S PROMISE TO PAY in reamn fort Mat that I Save nadvad. I promise so pay U.s. $ 62, 050.00 (this amount pa called I pt7. plus inures. m the oak; of the Labia. The Lads >r FIRST CAPITOL NORTGAGZ CORP, I imdersaod the the Leader nosy tenth: this Nape. 'Ise Lander at anyone who take this Nave by urwsfa sand oho is etttkd m t payments under tkrs Nam is called the "Note Balder 2. versant Lama will be charged as =paid prluctprl mull the belt smamt of principal has beet paid. I MD pry mimes( at a yeasty rate of 11.150 S. The mama ram required by dos Section 2 is the are I w10 pay both beam sod abler any dente described In Section 6f8) of this Non. 3. PAYMENTS (.4.) Una and Plaa or Prime 1 will pry psinapat amt Interns 'ay making payment' every mom. • swans, -it.•'r t w1II mate may ttpaddy Palwomal inn the 14TH Say of earth momb begtattmg and 'ME 14 1999 1 wilt mate diesep;ymemts way men* midi I have paid all oMdepaiacipa and imnecr and any other charges described l bd t o A w that I may owe under din Note. My moodily payments wit be soiled m nm unman before priscipt. If. on 2029 .1 sdli owe amounts atader this Non. I will pay these counts ;p fall on that dam which ti called the "mammy date'. I will make my m>'MMy payments at 6333 ODANA STR B MADISON, 111 53719 or at a difdemm pate tt required by Ii a blare Hoidce. ail Amount or Monthly taymenn My monthly payment wail be in dm unman of U S. $ 597.97 4. BORROWER'S RIGHT TO PREPAY 1 hove the right to make payments of pdaciprd as any tune before they ate due. A payment of principal only 1s known as a 'ptgaymenr. When 1 Hallo: a prepayment, l will tell the Non Bolds in wnnng that 1 am doing so. my nano: a P41 papaya= or partial pepayments wdbant paying any puptymeta charge. The Note Holder vat nice all of my prepayments to rata tae amwum of principal the 1 Otte amdtr due Nom. It I make a panel peep Oman. That 941 be no dwuges m the tine dare or in the amount of my momis• payment anlas the Note Solder son In writing to dune chases. S. LOAN CRARGES If a ern. wbkfi Ta}tptlea Cu tba Iota and which ems :mamma Mau merges. Is finally Inverprwad 10 that the Inman a raper lama maws cc&enud or 10 be railcard M oatmeal= wide ass Iona exceed ibe peragmd Runic, ems 0) ally soda lava charge shall be :educed by the amount accessary m reduce the charge to tea permitted lamer and { any amm ,dteody eolleard hum me which etcermded petmimed lamas will be tdtaoded mart That Note }bider nay ehnoae to make ids tadlmd by shaft the principal t owe waft this Nate or by making a dams payment m at If a amend mica pmei al, the embed= will be teemed at a PAWS S. BORROWER'S FAILURE TO PAY AS REQUIRED W) Late CLarge tar Overdue PATMETEI lithe Note Botat cha not teethed the IWI eaten of ay mend* payment by, the end of 15 rabetdar days attar tide date ft is due.* win pay a late Wimp m the Note Haider. The amount of dye dart will be 5.000 % of all MI Dpyymen of pcmcipal and Interest. I will pay tan lam chargepranpdy but only olue m at e irn payment. 1f I do mot pay ter full amnamt of beep monthly numm on tor, dare It as taw 1 will lc m default. (C) Mere of Defeat If 1 ten in deft*. the Nam Jidda may mend me a waren MEM reilmg my the if [ do not city de overdue amour by a manta dye. the Nate Bolder nosy requite tan to pay mmwdatgly rte MI coma of Murat which has not been paid and WI de ioteiat Liam 1 owe an that auwtnt. Tbat dam must be et Haan 30 days attar the dare on which tare node. is Seltvamd or mailed to me. MULTISTATE PiXJD WI NOTE - Saw Fmwy - fHMNd7MMC MingitaM METIUMa1T Palm 328th 12123 Pap 1 art manned Nt 111111111111013111114111111111111 idavisoN WT • • nape 1175 CTMIR PLACE Dubuque, TA 52001 Ex ;b ; t g e n ilperata Ilse P.Wet rite (I4 Pis %MT By Nate • Even if. at a flare tt I ma In s, thin Note Holder does not tegetke etie so Note Holder willwillbin tier tight to do sc.If I ma In *huh at a Jam sitar. piNarsedimelY as dsatribgtl above, tins HQ Foment of Note Heiner% Cams and Bigteases If ills Hole bolder h* requited me m Fg inonedistely fa es described above, the Note Holder win have the right To be ;aid back by Mr for ell ha man NM expenses to mamas this Nate to the mem not prohibued by applicable 1iw. Tart expenses 7. alma OP NOTICES Yapplicable law tugtur a diluent: method, my mace tbat t be given to me trader this No will be given by �y� nloll of S bY Gist t dna to tar site Fttipeny Manus above or sr a sit amass If I give the Nate Holders notice Any notice drat mast be given m the Nam holder tinder this Nate will be elven by not Mg u by fast elms mad es the Note Holder at the widows stated so Section 3(A) "hove or re s diifae g address if I ant elven a notes of fiat delta= address. S• OBLIGA'1T f s OF PERscaP S UNDER THIS NOTE If more than an pawls signs this Nate. pooh is ibUy and personally obligmedto brep all a1 the promises made ha this Now, hachta the p aaNae TO pay the tkiil maim owed. Any person who is a fir. mew or drier of this Note is also ohligmed na do these things. Aay peesoa who takes over them lothsdion the orbligatioas of a Marlow, tore* or endamer of this Now,U also ribboned sa keep all Orbs promises ode m this Nave. The Nine Holder may =farm its sighs mid es of die s awed under or ant><st sU aEns media. This means dim my aae; of eta nosy be required to page all 9. WAIVERS l 244 rosy orbs paean who has obligations tinder this Note waive the rants Of ineleaaleOr an fiance at dhhorsor- "Preammenr mean the *lam regain t e Naar Holder w &mat payment of samuats doe. ''Once afhtsbcoor~ menm the erupt to require the Nom Holder to give notice to afro paean ilia mama dna have not beat pair;. is. V16101141 SECURED MOTS Title Nave m a Waal immanent Walhalla; variations la Boom jam, iti addition to the prosecrions eV= to he Note Holder wader this Nate, at Mortgage, Dad of Tram or Seamy Dewed (the •Sermrity iastn,mesir-), dated the issue deere as dais Nate. protecte ti_ Nate Nobs Oat passible losses which rndgbt iraait if I do not kelp the prom= witichI make in this Note. Thar SwAntry Instroinem describer bow and under what traditions 1 ess, be required to mite fmmedtste pigmies la fall of all amounts I awe auras ibis Nate. Saar of throe coadalons ono gibed as follows: Txa sfer of the Property or s Benefielat Imre" in Borrower. If al ar impart of the Property ar any hansom m it is sold or w siemead (or if a bcpedki1i bttaaea at sorrowet is saki or mai Borrower Is not a natural pavan) wdbottt Lathes prior wriam fit" Lender nay, wits apron, :aquae iveredlarc maw is 41U of tit sums secured by this Seeatity Invournent. However, this optcut slug art be exeseiled by Lender if exsreise is prohibited by federal Iaw as tit file dam of this Swamp itznnroau:tt, If Leader imereises this apdast. Leader shall give Borrower notice of & 4etmtan. The oath* shall provide a period anal Les takes 30 days from the darn the notlee b claimed or smiled wi hin srbich Borrower luau pay all emu secured by nits Security brantromli Borrower annals to pay these Mon prior To the expiration of dna period, Leader m y invoke any remedies permitted by this Bendy meat widow radar alone or *mod an Borrower. 'MIMSTY HAND{S) AND MAUS) OF THE UNDERSIGNED. 4.1,442t71- =OEM . C- 444142%-X• feAtit-11 L. 8owTT *rite OZ-4 Friallillt DEW ERiti N Social &entity Number Social Security Number l 1 (Sra1) $opal Snit hs>ity Number _ Social Smoky Number aattilled Only; • twlt.7l$TA7* HAT. Naves- gauss,►- watt l ara'rtaumn r Forted 3200 bite Papa.: of 2 I CoJDepi. Phone 4 Fax # WHEN RECORDED Ka TO FIRST CAPITOL MORTGAGE CORP 6333 ()DANA STE B MADISON, W153719 PREPARED BY - ninths WOLIN 6333 ODANA STE B, Madison, WI 97111 3144324979 LOAN NO. PIN: 10 2+35((004 fCo. (Rhone if Fax it neon; am•■ The Ia Fe Resist. OW' tong - Sawa Panty • Fannie Maarfmbdie Mac Miler* Instrument Farm 301i 9190 owe f ataais 0 +•69RF ors ri nayiara tea Pope 1 at 7 Imam MORTGAGE THIS MORTGAGE (•Seoutiry Ibsrt9meat') is given on MAY 10, 1999 . The mortgagor u MICHAEL. S. BECYE7T AND TIMES* L. BECXETT, HUSBAND AND WIFE AS JOINT TENANTS whose address is 1175 CENTER PLACE Dubuque, IA 52001 This canty Idstrumcnt to glued 10 FIRST CAPITOL. MORTGAGE CORP (•Borrower). Ss which is ornan'ved and - existing under the laws of THE STATE OF V s'903:15% address is 6393 °DANA STE Martian, WI 53719 Borrower owes Longer the principal sum of SIXTY-TWO TIMUSAND FIFTY AND Oanoo Dollars (U.S. S 62.050.00 ). Thu debt is evidenced by Borrower's nose dared the same dote as dui Security Innrdmeut ('Nom), whist provides for monthly payments, wuh the MI debt, If not paid earlier, due and payable on MAY 14, 2039 This Security Imrrumcm sewn m Linder: (a) the repayment of the debt evidenced by the Note, with interest. mid all renewals, eatensrods and modifications of the Note; (b) the payment of all other stuns. with mtauc advanced wader paragraph 7 to protect the security of this Security Instrument; and (c) the performsnnx or Borrower's covenants and agreements under mis Security In.a,uneax and die Nine. Poe this purpose. Burrower does hereby mortgage, grant and convey co the udder the following described property locum in Dubuque Count mine LOT 2 OF 3 OF MINERAL LOT if AND PRAT OF 57, DUBUQUE COUNTY. RIMY CITY OF DUBUQUE, IOWA- Exhibit" 1KtUdsv 3 088-99 99 MAY 14 PM 3: 52 KATHY FLYNN THURLOW DUBUQUE CRECORDER ES /36 0) . and whoa; ('Larder ) Mu -10-10 02:I(oa Fres-GliVE C01113 UDITGA E 111/17/111 m. T -112 P.I1/32 F -122 which has the address of 11Tg corns PLACE Dubuque tsbMhI arts rows 52001 ('Property Address); txq c.01 TOGETHER WITH all use improvements now or hereafter envied as the ptrsperry, 1014 4.1 easements, appurtenance, and firma now or brtn ter a pan of Inc property. All replacemetas and addiuuas shall alio be covered by this Security losuuaa nt. Al! of the foregoing is referred 10 in this S,xunty toswmen; as the -P rlY. BORROWER COVENANTS that Borrower is Lwtdly seised of the estate hereby conveyed and he the not w mortgage, gram and convey Mr Property end c the Property is unencumbered, except for encumbraaces of record. Borrower warolats and will defend generally the title to the Property motet all claims and *mends. auo)ea w any eneumbeenres of nrotd. THIS SECURITY INSTRUMENT combines uwfatn mecca for mtirroal use and non-uniform tmvenanu with Molted varltaas by )unsdietaon to constitute a imitate securely instrument covering real PlaperrY. U RM M A NTI. Banmwer and Leader covenant and agree u mltows: r or prlueipat mad Inmost Prepayment and Late Charges. Borrower shall promptly pay Mien due the principal of sad lamest on the debt evidenced by the Nore and any prepayment and lac charger due under the Note. 2. Rinds for Tarn and Insurance. StbJat ro applicable Iaw or to a written waver by Loader. Borrower shall_ pay w Lender on use day monthly payments an due under the Note. ugdl the Note E d in NU. a sum ( Funds fir. U) yearly txart and assrsrmyb which may main pnonty aver MU Security Inctrtu ear as a lien on the Property; (b) yearly leaavttol4 payments or ground tents as the Property. it any; (e) yearly heard or property mamma premiums; (d) yearly flood =eaxti ur ur: amts, i! en If any; (e) yeerty made Pry lieu a nd CO (1) any sums montage by Borrower s s Incurs, in a ems a the o** I rn of puig' a i. is lieu of the ttUen r of muo Fa a in a a premiums. Thew near are maim= "Eno** Iwna•. ! c trey, a any time, mUtrs and hold Funds in an amount arts ro arced the maim= ammo a lender for a falerilly retard manage loan may require for Borrower's trams aeotint Udder the federal Real Estate Sod em = Procadtspa Act of 1974 s{ utremded from rive to time, 12 U.S.C. 0 2601 g 1g0 CRESPA'). unless amoOer law that applies to the Fu sets a law argot= If so, Lender may, a any tube, caller and bold Funds in an minuet Ant m exaxd else lessee amount. Leader may minute ttc mount of Funds due on the bias of curteto data and reasonable emanates tad expendnums of Nmrr Enow hems or otherwise in ro OtrIvir wait applicable law The Ftaxls dull be held in an insraupon whose depomrs ere menred by a tellers) coney, instrumentality. 0r rarity (=Iodine Lender. if Leader is .nail ad iastinglen) or In any Federal Home lam Ram. Lender ma apply use Funds ru pay use Escrow Beim. Lender may ant charge Borrower far balding and applying the Funds, annually noalysine to escrow aeeohne or verifying the Escrow hems, unless Leader pays Borrower interest an Me Funds and applicable_ law Wanks ks LNMer w maim sued a ebatgr. However. !.ender may require Sormwee in pay a awe -rime chase for m independent reel cane tax servtee used by Lades in coarleetirin with this loan. Was appbcable law provides otherwise. en agreement is made or applicable law requires boniest to be paid. [ender ;tall Sr be required w pay Borrower any Interest or earning, on ncc Finds. BbrrDwer and Lender any age t m writing, however. taro interest shall be paid on the Funds. Under en ¢eve w Eonnwa, without eaaye en MOW arenlmdng of due ELods, showing erudits and debris to Me Fusel+ end the purpose for whts'b cab d ara ebir to the Funds .van uaade. The Hinds am pledged u mddibor d security for all sums secured by tbia Smtrtry Instrurnem• If the A bell by Lender exceed the Woo= i permitted to be bald by applicable law. Lender shall amount to Borrower for the earn Ftaddf.In ec ardsrrtt wad) tae requirements err applicable law. If the aroma( or the &sods bold by Lender err any male 0161:g s dfCienr I0 ply the Earow Bens whea due, Lender gnaw m richly Bomuwer in wrtciog, and, lit inch cue Borrower shall pay to Lender the atavunr necessary m matt 91 the dr.ACPTcy Bormwer snail matte up the deficiency In no mum than twelve nnatbly payments, at Leader's sole dasasilon. Upon payment is fill of all sums reared by this Security lumvinent. Lewder shall promptly refund to Borrower any Funds held by Lender. If, un graph 21, Lender sisal( acquire or sell the Leader, prior ro toe akquisitiva or sate of sae shall apply any Ponds beta by Lender at the tone or aequuitioa or Ale a a cra warns nn tbe;ui ps speared m& SawRy lnnmumeat. 3. Apptleatkm of Payments. Unless applicable law provides ire, all paynrnrs received by Leader IDW• - Sinew remits • Panrata Mawsrewaa Mat uNrssm Insrn.naens Pawn 301119,10 awa saes rte. ream wa -roar uersr, arnte sera Page 2 N 7 rind ass 6‘ 3 01:11m frae OZV1 COM MACE 31411113(1 1-112 P.111/12 F-112 aridcr paagnphs 1 and 2 stall be applied: first. w any t eharltl due under the Note. sewed. to manners payable under paragraph 2, third, to interest s Lau , m principal due. and Ian. to my late barges due under the Nom 4. Charges; Liam. Borrower shell pay all rasm ancssmeus. tharges, Sam and impositloas attributable :a She Propetp which !nay attain priority over Ibis Smutty Instnurrtt . sad leasehold penman or pound 'sou. of any. Borrower shall pay these obligations in the mangier provided In paragraph 2. or if not paid in Yet manna, Isonower Mall pay them oa rime directly TO tha paten owed payment Borrower shah promptly 'ash to Leda all notions of .matt 10 by paid under fhb prep* if Borrower makes dense mounts t'1natly. Borrows shalt promptly famish to Leader racipts evrdeoeng the paymeou. Banuwer satin pnmpty discharge any lien whldi Ms priority ova this Security batmen, Seas Borrower: (a) area to welted ro the payment of the ubltganan secured by the hen in a mama a&wpteble to Leaden (b) commis its good taltb the hen bit. or dada against enforcement of at lien le, legal wawa m the Loader's opinion opam m prevent the eatwveme.r of the ham ur (c) secures from !atrial tae flea as Wermrsn sot to Leader subordtitatma the rain to tats Saeurhy townsman. If Lender determlaes tear soy pan of the is subject rot • hens alit may auxin priority over ibis Security Jrammnear. Leader may give Borrower a notice identifying the Ben. Borrower mad sansfy the Ilea Or telt tine or more of the =loos set forth above within 10 days of the giving of notice. S. Aasard or Prepay lawranae. Borrower shall beep the mprnveroeots now misting or besesfmr enacted an the Prolletly assured egatns Toss by Ire, Wards Included within the Wait 'emended coverage god ®y other hazards. including floods or flooding, for which I.ada recasts insuraoar. Tha insurance dull be ed wanton In the =MUM wed nor the pettods tan Leader ea(tdac.. The insuran - Goner v.At e _net= mail be Mutat by Borrower subject m Leader's approval wbicb than not be unrvuunab withheld. the Borrower tails to mamtea coverage described above. Leader may. n Lenders option, obtain eo cage to aorta Lenders rights to the Properly in sayog4igtae with paragraph 7. All iesuraaec policies sad saawgls shall be enspable 10 Lender and sban iodide a standard muttgage ^ausr. Lade shalt have the right m hold the policies and renewals. If Lender requires, Borrower stall yaomply give to Lefler ad receipts of paid premiums and renewal eaten. In die near of Lan. Borrower Jell give prompt hence w the tasunnne c&nar and Leader lender may make proof of loss if not made wsq,dy by Borrower. Unless Leiden and Borrower otherwise agree in writing. innaancc proceeds shall be applied to restoration r repair of rue Properly damaged, if the restoration or repair is eoonomially rentble and Lender's security Is not lessened. if the restoration or repair Is nor ceonoweally feasible or Lader's security would be lessened, the insurance proceeds shall be applied ro the sums secured by this Saaurity Iernumem. whetter at am then ,.re. with any extra paid to Borrower. If Butrowtr ebaodans the Ptopcny, or does oat answer within 30 ;eye a aodtz tram Under mat the tnsuraas coma bas afdrml to souk a claim then Lender may conger the =tau= promedr. Leader may use the prowals to re or mmm the or to y sums Las Smithy tort..... whether Ty not rhea due. The 30-day penal will be n when the =dm given. by Unless leader and Borrower otherwise agree In writing. any application of peameds to prmctpal shall not ad air pouponc i due date or the moarhly peymfsu Wend ha to paragraphs L and 2 ur change the mom of the payments. Jr under tapb 2L_ due Prdperty' Is acquired by Lender. Botower's nght to any immure pulint. and promedi tesullde from[ g a�mag� e m the P,openy tutor to doe arywsmo n shall pus to Ieader or the extent of the sums sealed by this Sc cusi tyy t stnunept hnpndiak ly prior to Ihhe scgdettlon. 6. Occupancy. Presermstoes, Malnsmanct and Protection of the property' Borrower's Loan appikation: I.aseholds. Borrower shall occupy. establish. and use the Property as Borrower's principal mndeoc undue airy days after the execution of Ibis Security iouaument and tall continue to occupy the i arv..ty as Borrower's principal residence for et leans 'or year after the date of oepmry. union Lender .benwise agrees in sting, watch consent shall not be unreasonably withheld, ur unless exmougtiag ireums[snees exist which are beyond Borrower's ooanol. Borrower shall nor destroy. damn or'itnpm the Progeny. allow the Pmpeny to dater)pratc, or commit wane on the Property. Borrower dull be m default if any forfeiture ,coon or proceeding. whetter civil or asiw,mal. Is begun the In Leader, goad Loth indgrsuar wield rends in forfemare or the Proper• or otbarxfse materially unpin the lien ocean n by this Snn.ilry Immanent ent or Lender's security interest. Bonowcr may awe such a default and nlassaw, a provided in o e , by causing the anion or proceeding to be diuwrscd with a ruling t In Lender's goad faith the hens the ��re oT a the Borrower's s ower's interest In e Progeny or Wier material impairment of armed by age Savory huunment or Leaders sewtuy Minn- Burrows shell Ilse he m *Suit Ir Borrower. during the loin application proven. gave ®tautly fare or lots eaunice Lafttrmadoa or aptenems to Ladle (or Palad m provide Leader mint any ayierial tnNrmanoW m tssanstIoa with the lour evidenced by dOWA - %ateie Fen* - Fannie Maefrs a Mae Winne mummer Para ne3 gle WWI err rmws.c any man YrT rrslar�]Dltl n Pays 3 of 7 111.5• r ' dl:Iepi FrarCREVf CGEUR ICRTGAGE m. s the Note, including, but nor limited w. representations cfincendog Borrower's ocenpmcy art the Property as a principal resideuc.. if this Scanty lneruntmr is a a kuchold, Borrower shall comply with all the provisions or me lease. I(Bonower acquires fee one ro rte Property, the knebold and the Yee dne shag not rtterge unless Lender skied w the mega in wriong. 7. lrunalon at L.aodee'e S1$a a In *e Prepay. 11 Bonewar fans to perform the covenant and agreements contained in this Security htsrtwnc01. Of dtere is a legal proceeding mar may significantly affect Lender's rights in the Pmperiy (such as a proceeding in biNrnptcy, probate, for condcmmadon or furfentme or To carom lews or rreg¢WWadmq, Men Lender may du sad pay for wharves is nrseastoy to prarca the valor of die Pmpe ry sad Leodrr's rifts in The Property. Lerida actions may include paying any sums secured by a lien which has priority over ibis Securhy In,arwretr, ape g in coup, paying reasonable =oaten' revs and emering on the Property to make retain_ Although Lender may rake action under this paragraph 7, Lender dam not have to do m. Any tsmuta mebunad by tends under this paragraph 7 shall heron Adana* debt or Borrower scoured by *iv Security Instrument. Unless Borrower and lender agree to other tams of payment, mese amounts Adi bear merest from the date of disbursement at the Nora rue and shall be payable, with interest. upon mike from Lander to Borrower requesting payment. hY . Mortgage Laurance. r Mall tmrtgage Insurance as a eatdite* of making [below sutured eRea. 1r, for any ream. die mortgage h all premiums requited w maintain we Croneo be =unmet ns r coverage 7 e4uted u Lends lapses ur ceases s r t be rnto cleat. r. Borrows *Ill Dal the ppnmlums mortgage egnhbd w canto coverage cost rgaf ro the mortgage insurance previously in e a at fta ct. ► co aubmndally equrvd w the ent w the roar w Botsow sowtr or the mortgage insurance previously in effort from an alternate nonage fanner approved by Leader If substantially equfvun,r mornsn a awuaoee coverage b ter avadabls, Borrower shall pay To Leader each morph a sum equal w ooe- twelhh of the yearly man:gap inamame ptetrrium being pond by Borrower when drat imannce average lapsed or ceased w be in dins. Lenget will rcapt, use Yid tenor the payivcats as a loss reserve in list of mortgage tn.uatice. Trop nerve payments may no longer he required. at the won of lender. 11 ;nonage insurance coverage an the mwunr and for be period that Lender require) provided by an insurer appmvad by Lender aged b.e own* ar abl and is obtained. Borrower shall pay the premiums main* to ma manta* uraaR rods in arcordandc with any writer aguepgtm between Borrower ind Lender or applicable len. 9. EnspuaIaa. Leader or its agem may nuke reasonable mines upon and inspections of the Property. Lender shall stye Borrower nonce at me rime of of prior ro an inspection specifying reasonable cause tor fivpealoo. U. Coudemosuaa. The proceeds of any award or claim for coon:caw; wail any coodcmoauon or other talcum of soy ppan of the damages. �Y or y e i l condenaauon, are hereby ate�gyned rod shall be pad re liadrr. Property. or for eonvcya lieu of f to min c of a bud nldo g of the property. one pmeeeas gall be applied TO the sums secured by Otis Security lnsuthmmt, whether or nor then due. with say excess paid to Borrower. ID ire even or a patrlal raking in the Property In whist the far market value of roe Progeny imncdatdy before the taking to equal TO or wearer than the mama( of the sums seemed by this Security Immanent immediately before the midi utdess Bonowa and Lender otherwise agree n writing, me sums armed by this Sncuny Inarimerhr shall br reduced by tie amount of tie proceeds multiplied by the followers friction: (a) the ward amount of the sums secured immediately before robe taking. divined by (11) the fair nitrite' value of the popery munedwely before taking. Any balsam shall be paid to Borrower. En the near or *partial tilting of the Property in with the bin marker value of the Property mamedately before the taking u less than the mown of the sums secured imnedlarely begin the raking, unless Burrower and Leader othewse agree to miring or unless applicable law otherwise provides, the proceeds snail be tpplhed to the sump secured by this Savi(ty Tnmwniit whether or not dm sums are them due. if offers w . Pmpeny it abandoned by Borrower. or If, afar mare kart e by l to Borrower that the cwndeauor Hake an award or seine a dein Mf**ag at, Borrower finks to respoad to Lender wttll a 30 days after the dare the ounce u peen, Lender !e aathw net m C011ea amp apply tae s at its °pion, either w resrorarion or repair of the Proprny or to die airs secured by this Steamy Ins[ronteo[, whether or not thin due. Unless Lender trod Borrower odherwtae agia m wttmlg, any appliatnon of proceeds to principal shall net extend or push a the due dap of the monthly payments w in paragraphs 1 and 2 or change the 71. Burrower NOT Rdaased; Forbe rence By Lender Not a Waiver. Bxrenilon of the time for payment IOWA . Sena Family - Norio MauFealra Mac unitmm innrornene Form 3016 silo ,,... Fenn, r, ,ww ..caws un nwaxama *roe Pals 4 of inmate: 114//74111 T -111 P.IT /f1 r -I11 g liar -law OM em FrorCEJiVE CORM NIRIt1AIE 1141/7411/ T -pt e.h;J11 or mcddlemon of emanation of the sums mewed by this Security fasuumrat grained by lender iu any successor m interest of Borrower shall rat opente to release die liability of the original Borrower ar Borrower's suoassora m integers. Lender :ball amt be rcquned ro eonasmee proceedings against any successor to interest or refuse to extend time for mums or otherwise modify amortization of the nuns secured by this Security bntinmear by season of my demand mate by the original Borrower or Borrower's successors m mreresr. Any forbearance by Lender io exaeisng any right Or remedy shall net be a waiver of or preclude the exercise of any right or randy 12. Successors and Assigns Bound: Joytf and Several Liability; Cu•agam. The covenants and agreements of the Security bstrumeal shall hied sad Dena the successors and assigns of Lender end Borrower, subject to the provisions of puspsph 17. Borrower's envcaaats and agreements shell be Joint and several. Any Bottower who co -sips this Security Instrument but does not =emu the Nuee: (a) is co-signing this Security Iastnmtrai uniy to mortgage. pan and convey due Borrowers Serer in the Psmpeny under its rams of this Socwtty Iastrmoear: (b) s not pnsoouly obligated to pay the suns secured by this Security lasmnmml; and (e) agrercs that Lender and any other Borrower may agree to extend. modify, forbear or nuke any accommodations with regw'd to the terror of this Secutiry Instrument or the Nun without that Borrower', taasenr. 13. LAS{ Charges. If the loan sccurarl by toss Security Instalment is sebJsei W r law which seas murrain' loan margin. and mar law Is finally mnelpteted so that de lancer or other loan tdtsrges collected or ro be toilettes' In gonnecttoa with the Won11 ward die permitted Ilmits. then: (a) any such loan charge shall be reduced by the amount eatssary to reduce the charge to die permitted llmwr and (b) my sums already enlieeted from Sommer which nadsd pi-opined Hours will be remand to Borrower. Lender may choose w make this rennet by reducing the principal Owed under the Note or by IWlong a direct Mont 10 Borrower. if . refund reduces principal. the reduedoa will be wand as a panda' prepayment without any prepayment charge undo the Note. 14. Nalcaa Any mdse to Borrower provided for in this Savory Inmaent shall be given by dglsvenas It or by mailing it by Arse class mad linters applicable law requires use of mother method. The notice shall be directed to the Propeny Addle= or any odor address Borrower deranges by notur w Linda. Any netier to Leader shalt be given by first class mail to Leader's addras stand herein or any ocher address lender daIgoaia by notice m Borrows. Aay notice provided for in this Security laetrmemt shall be deemed to have been given to Bonawar or Lewin when given as provided in dui pareefaph. 15. Governing Law: Severabillry. This Securitylnsrrutmint shall be governed by federal law and the law of the jurisdiction in which die Property is toted. In die neat that any provision or clause of this Sr.unty Lasttumcnt or the Note minim with applzeablc law. such conflict pu11 not *Veer odor provisirms of this Security Inanument or the Note wbich sun be given effect without the conflicting provision. To this end the provisions of this Security Insmnaant and the Now are dtdued to be stumble. I6. Barrower'i Copy. Boriowa shall be jived one conformed copy of the Note and of this Security lannmiew. 17. Transfer of the Property or a Beneficial Iaaenrl iu Bosrowsr. If all ur my pen of the Properly or any mteresr iu it is sold or transferred (or if a beneficial enterer in Borrower es sold or transferred and Borrower is not a natural person; without Lender's prior written cmann, Lender may, err 113 option, rectum immediate payment m full of all sums secured by tins Security Instrument. However. this opdon shall not be exercised by Lender if exercise Is prohibited by Waal law err or me dare of this Saudty Instaumen. U Lender exerewes this option. Lender shall give Burrower notice of aceelendon. flit notice Nall provide period of rot less than 30 days flame the date die notice is delivered or mailed within which Boman most pay al suns second by this Seaway Instrument. If Borrower fails ro thew pay th Berm prior to the expiranon penod. Leader may larch nay Talsdies pertained by this Security Instrument without further notice or demand en Borrower. 12. Borrowers Right ve Beinetate. If Borrower meta remain sandmen. Borrower shalt have the right to have enforcement of this Security buirumem dlrotititmed ar any tine prior tt0 the earlier it (a) 5 days (or such other period u applicable taw any specify for rcln inn eel before sale of the Property pursuant to any po wer of sale convened in tins Security lasrrameat; or (b) entry of a judgment ahforemg Bus Security tmsmurnrn Those conditions are ilia Borrower: (a) pays Lender all aura which than would be due under tlhix Secnnty Iostena car and the Now as If no lawieranon had occurred. @) cotes any defanlr of any other careaaon or agtecmcns: (c) pays all expenses aced m enforcing this Security Instrmnea, including, but nor Limbed ro, reasonable women* tees; and (di takes sueb action u Leader may teasonably reduce to assure that ale lien of this Setvtity lnsmumlw. Lender's opus In the Property and Borrowers obbgammf w pay the sums seemed by this Smutty Immnuneat tali co nine unchanged. Upon reinstatement by Borrower, this IOWA - Single Hsu dy • Fermis NalFngaie Mac uniform tnsiranant Form 1015 Begin ,a. reap re. pop .,o-aI5 NR OVenTai■ in Fan. 5.f 7 inmost 6 &br10-I1 UtfOre Frea{REVE COEUR WW1 11/19[4111 T -171 P.11/12 F-122 Security Instrument std We obligations =urea hereby shalt wain Indy effecu,e as if nu acemennon had accursed. However. this tight to reinstate shall nag apply in the case of acceleration under paragraph 17. 19. Sale of Natal Chant of Loan Strvicer. The Nue or a partial iateeasr m the Note (together with vita Security hnnulrlpr) may to sold doe or more tines without prior oat= co Borrower. A sale may resuh in it change m the enmy (pn•a as the - Loan Berrien') dot oath= monthly payirtua doe under the Nara mad this Seaway Insdstmeot- There also nay be nor or more changes of the Ivan &nicer unrelated to a sale of t Note- If these is a change of the Lean Stryker. Borrow/et will be ghee emiten natlrc of the theme to accordance wait paragraph. 14 above and applietbie tiw. The maths will sue the some am addrtts of the new Loop Sevicer and the address ro which p osems should be made. The mace wilt also contain any cater Imarnauion required by applicable law. 20. Nasrrdo u Substances. Burrower stud! and cane ar per= the presence. use. disposal. storage. or mkt* of any Hazardous Subsmncm oo ar in the Property. Borrower shall not do. nor allow anyone else as do, aAyrbmg aitadng ate pmpary that is In violation of any Environmental Law. The pm:ceding two le n i enc e ' [tall nm apply m the prelate, in c. ar awtage ea the Property of anal gtandties of Hazadous Stbatances that are gancsally ncogmm$ to he appropriate io normal residential nes and a olainenmce of the Property. Borrower shill promptly give Lades whale mice of any Invssfaadon, claim. drntc d. lawautr or udder =Ian by say governmental or regulatory agency or private parry involving the pmperty tad lay Haardous Subsooce ar Envaomnentat taw of Whitt Baemwer has actual knowledge. If Borrower leans, or Is norinod by any gavernmend or regulatory Wtborily, thou any mmval or other rmnodistion at any Hazardous Substance affecting the Property is neccsyry, Borrower shall promptly rake all necessary teeredW actnns in a tendeac! with EavuopmnW Law As used in this paragraph 20, 'Hantdous Subsumes' are those subseaoes defined as toxic ar hazardous subnenees by Environmental Law and the following auhsanou: gasoline, tmenegc. other us ,rabic or toxic formaldehyde. produce. toxic pesticides and herbicides. volatile solvents. maicials tuna inin asbestos or and radtaac[ve materials. As used In this paragraph 20. 'Environmental Laws moans ederal laws and laws of the jurtsdlcrion where the Property D hared tha relate to heahh. I gfety or envnorunetita prodectlon. N011 .ULU Borrower and Lander further caveman and ages as follows. 21. Acceirrition; ifs. Leader nail givi Dodge to Burrower prior to accebsation rollawiag Borrower's breaeb of any onto= or a�mgrseremmmr to rata Seaway banner (rut sot prim to actdcraroa UM* paratraph 17 odors apPllnhle Law provides othaMse). The novice Shen specify; (ni the default; (b) the anion remitted to cure the dtcnli (el a date. not Ica than 30 days from the date she ounce is give to Borrower, by which the default must be carob and Of dot fame to tare the detadt un or helm the dare S9&COled In the =lice may rawh In aariesatloa of the tuns scaursd by this Security ingriament, foreclosure by Judkial proceeding and sale of the Property. The node* shall further inforgm Borrower of the right so reinstate 'Oar acceleration and the right to that 14 the foreclosure proceeding the naa•eaatmee of a default or toy other Whales of Borrower to neeeferatIon and fhseflosran if the dNbWi 11 not cured on or before the dale specified In the notice, Leader at its epdoa may replant immediate patyttmat Is full of till ad= seared by this &etrity Insnaarat without further demand and may fdgectos. (lint Sawrrn7y lanimape by Judicial preeeedhtg. Lender shag be tvritled to collect all enema nls9sred la purnein the 'remedies provided Is ibis parag apb 21, including, 0d Doi limited to, tsawrgble atroroeyst rem and tors of iiile evidence. 22. Relwre. Upon Ppstbm cif all sans secured by this Security lnsuumnr. Lander shall Meese this Security Ini nmwni without charge w Borrower. Borrower shall pay any recordation WSW. 23. Waivers. Borrower'vlinquWies all right of dower and waives all right of homestead and disrzihutive share in and to the Property. Borrower waives any right of e,marpnon es to the Propeny. 24. Bodttmptioo Period. If Piopesiy is leis than 10 acres in sue ana Lender waives in any tumlosure proceeding toy right w a deficiency )udgmem agaati Borrower, the ps404 of neletwiion from juareial sale shall be rrquc to 6 moalta. 11 the come hods [tat the Property has been abarhrncd by Borrower and Lender waives any right w a ddfiency )udgrornt spina Borrower, the period of Mmq*iap from judielal sale shall he reduced to 60 days. The provisions Of this paragraph 24 shall be comma to conform to the provisions of Sections 628.26 and 621.27 of the Coale Iowa. IOWA - emaa Farrar podia Hierfrnaa. Bea Uniform monument Form 3015 II= Sant Pans Ye MON 4 0 OUST err •Fnua,ma was Page 6 of 7 IMwzs: in•s• b ®EQlpa Frw{IRYE WEER N)E71AZ Riders to ehif Security Interment. If one or more riders are examcd by Borrower anti recorded guitar With title Swanky Insttomcat, me covenants sae *gzI* rs of each such nder shall be iawrporan:d and shell amend and supplement the covenants and agraanrnu oT this Smutty lustrument m it the Mats) were a pan of rhu Securig banwmam. [muck applicable boyar)) Adjustable Rae Rider Graduated Payment Rider Balloon Rider Otbcrfs) Ispecifvl BY SIGNING BELOW, Boaowcr accept: and agrees to the terms ad coves= contained 01 Nu sM,rity immanent and to say mina) executed by Burrower and monied wide k. FATS OF IOWA, COUNTY OF On this LOTH day of MAY. 1999 • before me. a Notary Public in the Slate or lowa. ;- personally T �ared MICHAEL S. BECKETT AND THERESA L BECKETP, HUSBAND AND WIFE AS uT to we personally ►mwn to be the persona) nant(s) m aad wbo ematred the roregomg tostrumeru tad acktwttedged that THEY executed the same as hts/hcvihew voluntary act and decd. My Commnissinn expires sac _ '1=1 .... / , Nary Raw a ea ha. Condominium Rider Planned Unit Dntlopmeu Rider Rare knprovetnemr Rider 14aca - ._ -rn. taw r,. xeuwrnpnontl 601WA - 5.na4 Firmly - Puglia finiffsele Mae unPenn MNYmant ?'e.m 2016 WOO Jar Finn mt. (1091 aaaassa enewwsm8 VW Pqe 707 114117/811 T -112 P.LO/I2 R -822 1 Rawly Rider Biweekly Payment Rider Second Home Rake AFFIDAVIT STATE OF IOWA ) / ss COUNTY OF POLK ) I, Theodore R. Boecker, being first duly sworn, upon oath depose and state that I am one of the attorneys for the Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney fees to be taxed herein. I further depose and state that the note and mortgage and any other documents declared upon in the foregoing Petition are now in my actual possession; that I have read the above and foregoing Petition, know the contents thereof, have personal knowledge of the facts therein stated, and that the statements and allegations therein are true as I verily believe. Theodore R. Boecker PK0000439 Subscribed and sworn to before me this .Feb~eai!7, 2001, at Des Moines, Iowa. day of Notary Public in and for the State of Iowa Exhibit "C"