Claim LaSalle Bank National Association• r
`~i~G2~
27620
IN THE. IOWA DISTRICT COURT FOR DUBUQUE COUNTY
LASALLE BANK NATIONAL ASSOCIATION 30-0088156:
AS TRUSTEE EQUITY NO. EQCV097207
FOR THE MLMI TRUST
SERIES 2006-HE2 AMENDED ORIGINAL
NOTICE
Plaintiff,:
v s . C~ ~
JEFFREY J. WELTER; ~
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CITY OF DUBUQUE, IOWA; _
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SPOUSE OF JEFFREY J. -_ %'
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WELTER, IF ANY; Q ~ m
Defendants .: ~ _" `•°
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TO THE ABOVE NAMED DEFENDANTS:
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, L.L.P., by Benjamin W. Hopkins, 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 your district ADA coordinator at (563) 589-4448. (If you
are hearing impaired, Call Relay Iowa TTY at 1-800-735-2942).
Clerk of the Above Cour~1 s
Dubuque County Courthouse
Dubuque, Iowa 520041220
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
.i
27620
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
LASALLE BANK NATIONAL 30-0088156:
ASSOCIATION, AS TRUSTEE EQUITY NO. EQCV097207
FOR THE MLMI TRUST
SERIES 2006-HE2 AMENDMENT TO PETION
Plaintiff,. --
vs. "t F;,
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JEFFREY J. WELTER; _.
,;-~,v`%,
CITY OF DUBUQUE, IOWA; ^;
SPOUSE OF JEFFREY J. ~ '~
WELTER, IF ANY; oc c;
Defendants .: `=`="• ~'
'
I
.
~J PS
COMES NOW, the Plaintiff, and amends its Petition in the above
captioned matter filed March 18, 2008, and for reason therefore
states to the Court:
1. That the following parties are named as Defendant(s)
because they claim some right, title or interest in the Mortgaged
Property, including, without limitation a right, title or interest
as described below, however such right, title or interest is junior
and inferior to the right, title and interest of the Plaintiff:
• City of Dubuque, Iowa, $100.00 Judgment, dated September
7, 2007, filed September 7, 2007, CICV060377, for any
interest in the subject property.
• City of Dubuque, Iowa, $300.00 Judgment, dated September
13, 2007, filed September 13, 2007, CIVC060476, for any
interest in the subject property.
2. That except as amended herein, Plaintiff's Petition
filed March 18, 2008, is incorporated herein as though fully set
forth.
PETOSA, ~TO,g~1 & BOECKER, L . L . P .
By
Be s AT0003573
1 eet, ~~e 100
i e Iowa 50329~3'{~8
ep one: (515) 222-9400
csimile: (515) 222-9121
ATTORNEYS FOR PLAINTIFF
27620
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
LASALLE BANK NATIONAL 30-0088156
ASSOCIATION, AS TRUSTEE EQUITY NO.
FOR THE MLMI TRUST 01311 ~~,v Oq'~ 2Q~
SERIES 2006-HE2 PETITION
Plaintiff,
VS .
JEFFREY J. WELTER;
SPOUSE OF JEFFREY J.
WELTER, IF ANY;
Defendants.
NOTICE
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THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS
MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR
PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT
A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN
DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF
JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A
ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM
ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR
RESIDENCE OR IS 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.
1
Plaintiff, LaSalle Bank National Association, as Trustee
for the MLMI Trust Series 2006-HE2, for its cause of action
states:
1. That the Plaintiff is a corporation doing business in
the United States of America.
2. That on or about December 7, 2005, Jeffrey J. Welter
made, executed and delivered to First Horizon Home Loan
Corporation, a promissory note in writing for the sum of
$71,250.00 payable in installments, with interest at 10.05 per
annum from such date (the "Note"). A copy of the Note is
attached hereto and made a part hereof as Exhibit "A".
Said Note provides for periodic changes in the
interest rate and the current interest rate is 11$.
3. That on or about December 7, 2005 in order to secure
the payment of the Note, Jeffrey J. Welter (the "Mortgagor(s)")
made, executed and delivered to First Horizon Home Loan
Corporation, a real estate mortgage (the "Mortgage") on the
following described real estate (the "Mortgaged Property"):
Lot 2 of Lot 1 of Lot 2 of "Young-Primrose Place", in
the City of Dubuque, Iowa, according to the recorded
Plat thereof.
the Mortgage was filed for record December 8, 2005, in 2005-
00020022 in the Recorder's Office of Dubuque County, Iowa. A
copy of the Mortgage is attached hereto and made a part hereof
as Exhibit "B". Said mortgage is a Purchase Money Mortgage.
2
4. That the Mortgaged Property is and at all times
relevant hereto was the homestead of the Mortgagor(s).
5. That the Plaintiff is currently the holder of record
of the Note and Mortgage.
6. That the Plaintiff is the sole and absolute owner of
the Mortgage; that the 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 the Plaintiff by reason of
the failure of the Mortgagor(s) to pay said installments,
declares the Note in default, that there is now due and owing
the Plaintiff the sum of $70,471.11 with interest at 11~ per
annum from and including September 1, 2007 plus late fees,
attorney fees, abstract expense, protective advances and costs.
7. That the Plaintiff has given the Mortgagor(s) notice
of the right to cure said default and to date has received no
response thereto.
8. That the time to cure the default under Iowa law has
now expired.
9. That said Note and Mortgage provide that if suit be
commenced thereon, Mortgagor(s) will pay reasonable attorneys'
fees. An attorneys' fee affidavit is attached hereto and made
a part hereof as Exhibit "C".
3
10. That the Plaintiff 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.
The Plaintiff hereby elects to foreclose without redemption and
the 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.
11. That the following parties are named as Defendant(s)
because they claim some right, title or interest in the
Mortgaged Property, including, without limitation a right,
title or interest as described below but any such right, title
or interest is junior and inferior to the interest of
Plaintiff:
• Spouse of Jeffrey J. Welter, if any, for any interest
in the subject property
12. That the Mortgage provides that any time after the
proper commencement of an action in foreclosure or during the
period of redemption, the Court having jurisdiction of the case
shall, at the request of the Plaintiff, appoint a receiver to
take immediate possession of the Mortgaged Property and of the
rents and profits accruing therefrom, to rent the same as he
4
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
Mortgaged Property for the amount of unpaid principal and
interest on the Note, as provided in the Note and Mortgage and
for late fees, attorney fees, abstract expense, protective
advances and costs.
2. That a receiver be appointed immediately to take care
of, manage, lease and collect the rents from the Mortgaged
Property, 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, and in partial payment of the
judgment to be entered herein.
3. That said judgment, together with interest, late fees,
attorney fees, abstract expense, protective advances, costs and
accruing costs be decreed a prior lien upon the Mortgaged
Property from the date of the Mortgage, and that all rights,
interests and equities of all Defendants to this suit be
5
declared junior to the right, title and interest of the
Plaintiff.
4. That in the event Plaintiff is required to make
protective advances, including without limitation, advances for
taxes or insurance on the Mortgaged Property, the Plaintiff be
given an additional lien thereon for such amounts so advanced,
which shall be included in the judgment to be entered herein.
5. That the Mortgage be foreclosed and the Defendant(s)'
equity of redemption be barred and foreclosed save as
guaranteed by law. That special execution issue for the sale
the Mortgaged Property to satisfy said judgment, interest, late
fees, attorney fees, abstract expense, protective advances and
costs.
6. That special execution issue to satisfy said judgment,
interest and attorneys' fees, and accruing costs herein, and
the Mortgaged Property be sold according to law to satisfy the
amount due under the Decree issued by this Court and the
Defendants herein or anyone claiming by, through or under them,
be forever barred and foreclosed of any interest in the
Mortgaged Property, except such rights of redemption as
provided by law.
7. That if the Mortgaged Property is sold and not
redeemed, the Clerk of this Court shall issue to the Sheriff of
said County, a writ of removal and possession, commanding him
to put the grantee named in the Sheriff's deed for said
6
premises sold, or his grantee, in possession thereof, and to
remove any Defendants, or persons claiming by, through or under
any of them, or any person in possession thereof out of such
possession.
8. 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.
9. That the Plaintiff be granted such further relief as
may be just and equitable.
PETOSA, PETOSj~ & BOECKER, L.L.P.
By f
Ben' ATO 03573
1 38 h S reet, Suit
v owa 50325-8308
T hone: (515) 222-9400
csimile: (515) 222-9121
ATTORNEYS FOR PLAINTIFF
7
' 2z/oi/o5 11:51 }'AX !~'11'SL !!oI'lYOD wnotesate mutt
_ ~ ~_
Ai];TUSTABLE RATE NOTL
(LIBOR Six-Month Irides (As Published Xn The. WaA Stneet louraalj -Rate Cads)
THLS NOTE CONTAII~TS PROVISIONS ALLOI'VI11TG TOR CHANGES : IN MY.
II~'IERFST RATS AND MY. MONTHLY PAYi~I'P.. 'I'BIS NOTE I~Vn'!S 1']IE
AMOUNT. MY IIJTE1tts'ST RATE CAN CHANGE AT .ANY ONE TIIVIE AND .THE
MA%1MUM RATE 1(MC1ST YAY:
December 7th. 2005 I3ZYBl1Qi~3 ~ IOiO-
[Daft) [ChYI. Ist*~l ..,
.695 ]Cana-. Street, DQB17iQtJ>s, IoMi 52001
Ip~Y Adattssj
1. `BORROWli1R'S pI,tOMLSE TO PAY
Its retiun for a loss thai I have received. l prmm~ist to pay iJ.S. S 71. z5o _ Qo . (this amount
is called `Priadpui`), Plus interest. to the order of Lades.. Lender is .
FIRST 80]tIZ00T 80!18 z,C18N COQLPOR7LTZOtii
I will m~e all psymebaa wader this Note im tht form o[ cash, chedt or mares ozder.
I mc~drtstaud that Lender may tsaosfet this Note. Lender oz anyone vWho takes this Note by transfer and
Who is eatfrled to recefve payments wader this Note is csihd the 'Note Holder.'
2. IlQIEREST ~ , .. - ~ -
Irse=ai will be charEod on tmpaid ptinapal utsil the [uII amount of Pri>xipal has hoes paiA. 1 sill pay
incetrst at a yearly tart of io .050 ~. 'Ihe interest rate i w111 pay 3cnar t3taage In accordance with Sxtiou 4
of thie Note. "
The interest talc regniied by this Soalori 2 and Section 4 of this Notc.is the cart I wdl pay bath before
tmd after any default deacn'bed in Secaron 7(B) of this Note.
3. PAYMLPFI'S .
" (A) Thne and Place of Payments
I will pay principal sad ltnter~t by ztraidng a pa~ymient every month.
I will make nry+ monthly Payments oar the first day.of ead- month beginnitig on Jannazy 1st, 2006. •.
I ~ awake these payments every. month mw1 I have paid ari of the principal and inra~eat and any cnhcr charges
demlbM blow that I rosy oa-e utder this Note. Each monthly payrixtrt will be applied as of its sc~edtried due
due snd.will. tie applied to bdorc Ptincipah V, on .December let, 2035 , I lull owe a_ monata
tmdex this Note.1 w111 pay those amoams In full on that daoc,, which is caIIed the `Manuity Date.
I wt71 mate. my ~Y Pa9~~ ~ ~ BOZ 809 .
l~8. TDt 38101
or zt a different plane if roquit+ed by the Note Holder. - -
~) Amomrt of My h>f13a1 Monthly Payrnntts
Exh of my initial moodily payments an~il be In the amoum of U.S: S 627.91. 'This amount
I.. ~ - ~ .:
(C~ idonthty Payment CLanErs
~ manBa ~ my ~y PgY~ '~ reScct dtaagp in the unpaid principal of my loan and is .the . _ .
interest rate That I muse pay. The Note Hilda wits deaerrmae my new iatczeat rice and the changed amount of »ry '
monthly payment in accordance With Seedon 4 of dtis Noon
4. WfERh'ST RATE AND MONTtII,Y PAYMENT CHANGES
I (A) Chiaoge Dates
'The inttresr rate I will pay may.changt on the first day of Doeamber, aoo7 ,aeon that
day every 6th a~th thercafier. Each dme on which my interest race could change is celled a "Change Date."
At[)l.7'tsr'~'lE eDJUSte81.E x~~ rtozE o6ss t~~ t ors EXHIBIT
Stoke lamly - MoAttid tADNA Form 3520
-^
• lY/07/05 11:51 FA]C First Horizon wholesale
j... _
~) The Index
-9cainaim~g with die first Citanga Dau, my intense rate will be baud ou an 1tLdwc. Tht 'Indr~c" is the
arerate of ititcsbeak oimed rags for sbc >~ U.S. doAsr-def~omi~ depo0ts iII th6 I.~On n'lATlcet
("l1BOA'). as published in:TTu Nell Sin'ca Jownel. The most ttcmt Index Sgure available as apt the t]ru
busiaeas dap of the month Itnrmod~iatdr preceding the tuam~i in whidr the (baang~ Dale occarit is adlod the
"Gtitrresa Itult~r."
. ff tau Index is no >attgcr avat7abk, the Note ~Iidder wt11 choose a ntcw index that is based t+pam
cutnpatslala infotnredon. The Note llalder will'giva me notice of this choice.
. (G~ CalatlatSon of Claw=ea
Before each (.barge Date, tba Nae Holder will ealcalate mq new iatarat rate bit adding
szz 1~ o>u8=i~irxs perea~tsae poiors ( 6.200 9~). to the Ctuzrnt indent. The Kota Aolder
a+t71 then rotmd tha teault oftbia nddttion w ~e neetrst onc~etghtb of one percatage point (O.12S'Xj. Subjoct to
the limits orated is Socdan 4(D) be]ow, Chia rounded pnuotmt an71 be mY nca ituerest rate wail rho. next Change
Date. _
The Note Holder will then daesnanc the amount of the: tmtotltly payrr>enf thu.would ba sarfficdmrt to
repay t'he unpaid prhuipal ihat I aim axpecttd to owe err the Chaa~e Deu in hill on the Matwit)! Date at my may
interest late in subataadally equal.payrneuta: Ttie result of this aikarlation will be the ne+v amount of my moa~thly
P -
(D) I,Jmits on lnterrat Rertc CLeetges
• ~ The dutei+est tale I am cogttitod to pay at: >be first Channge Date will not be greater than . 13.OSo 9G
or lean tbsnl0.05!? . ~. TLaeafter, mY intetc+et rase .vw~ never _be incrased ~ dareased ~ any single
C.haaga Dario by morn than t»~ rr 0 0 /io o peromaagt: pole(s) t 1.00 ~)
firaoa the tyle of iutetest I bare been. paying for the gttxedinY 6 montita.. iviy itttaest rate will newer be grater
than., 17.050'X- of lean then the iaidal rate of to . 0 30 'X..
. ~ l~ecliwe bate o[ ~a*
- My new interrst late will betxane effecxive on each C~tange Date. , I wt71 pay the amrnmt of my new
"jO1°~Y Pa3'a~ ~gmnmg an the t5tac moothiy payment date aftu the Changer Date until the amount of mq
monthly payment dtsnges again.
(F1 Notice of C:Lanta .
Tlu Nae Aolder wilt deliver or mu'1 to me x. nodes of any rhtmgea in my hz<etrst rate aAd the amount of ..
my tooctlily paymau before the efftxxive dare of any change. The soda w,ll int•,]nde information t+equitnd by Iarv
w be gjvpn to me and also the title end taleplwne number of a person who wr11 answer tiny gaestioa I ~ have
rtygudJng the aotue,
5. 8O1t12OWER'S RIGST TO PREPAY
I have the right to make pagmatitt of Principal at any brae before they ata due. A pay~oxat of Principal
..only la known u a "Prepayment." Whatt I make a .Ptapayntaot, I wit mil the Nou Holder ion writinx drat I am
doitg eo. I may not designate a payatent as a Prepayment if i Dave trot made all the monthly payments dire tinder
this Note:.
1 may aoake a full Prepayment or pattiol Prapaymeots withrnrt paying aair Prepayment charge. The Nae
. ~ Bolder w~l use my Auparmeata to reducr.the amotmt of Principal that I corn uoder_tbis Nae.. Hotgavet, the
Nora ~~ ~Y apply mY Prrpayareat ro the xocstted sad tmpaid itnet~ on the Prepayment etnowot before
applying my Pnpaymwt ro seduce the Principal amannt of this Note. if I make a Partial Pnpaymr»nt. there will
ba no changes la the due dates of my monthly payments ttnleas Ilu Note Holder agtas Sn writing m those
_ gages. ~ My paatial Prepayment magi reduce the unoutu of my morrdtly .Deymenta after the tzm Change Data
folbwing lay P+~ Prepayment. However,. amy t+ednction dtte to mY Partial Prepayment may be otfsct by an
iatetrst rate itrcnease.
6. LOAN C~ABGBS
JC a law, wbirb applies to This loin sad which sets maxunum Ioan charges, is t'maily intcrpreud ao tLa[
the intexrsr or other loan charges collected os to be a~Ilcctcd is ooanoction with this loan exceed the permitted
titn'trt, then:. (a) any such loan charge shall be rewY.ed by the amount necessary to imeluee the charge m the
permiurd rnnit;. and (b) any soma altrady oou«xed from uu that exeoeded permitted iinau wiD be reRtaded w
~. _
s~tc.•rtsr~•ct ,twnsr,-s>.~ asp >aoTa tt~os ~: or 4 rae,~cc
. t~ icy - i,[eaata Fraan Donn alto .
1~~el~~V~ 11. DL t11d ~ 2'1c'aV IIVl'1LyL IIelU1Cb$1C
yy V1J
• ~.
- The Nou Holder army c]wose ro make dils refund by rodttciag rho Principal I owe tttide~r Ibis Note ~ by maldvg a .
- ~ dirax paymutc to me. If a rtsimd ttxluces Ptiiteipal, the reducdon naZl be tieatM as a partial l'repaymau.
. 7. BOBSOWER'S)M AILiJRS TO lPAY AS BEQU1<RED .
(A) iatc Charges for O•+adtu Paytneab -
if the Note Holder has not received the f»il amount of any atonthly paymatt by the and of x5
csleadar days.after the date it is dtu. I ~ par a late charge to me Note Haider-. the amannt of the ediatge wr71.
bo 5.00 96 of my overdue paymea~ of principal and lata+at. I will pay 6tis hie charg~.promptty bur
only once! as esch !rte prymaut. .
(B) Ddatrh .
ff I do not pay the fall amonnr of each inonibty-Daymeat on the date s t: due. I wd1 be is default. .
(C1 Notice of IkfQOtt - -
tf I era In drfanlt, the Note holder utay aead me a written -notice Idling me that if I do not ptry the:
overdue amount by a attain date. the. Note Holder may te9~ me' ~ PtU' y ~ full'amottnt of
Principal .thrt has list bexa paid recd all the itxtaesi ihat I awc on that. tttrrnmoi. That dste: mmat be m local 30 days
after-the date oa which. the notice is um'1ed to tae or delivered by other mc~s: .
~) No Wai~gr Ba Note Holder -- -
Eyes if, u a tame wbcu I eta is defsu]t, the Note Holds does sot IOgnire me t4 pal rely in fnII
as descxihod above, the Note Holder will tttrll have the righu to do so H I am in defaalc at a rater time.
. .tE1 Psymmt of Nate Hdder's Costs sad Bacpenses -
If the Note Holder has required me w p>4y itzaaedfately in flt]3 as described shove, rho Noce l'3oldet will .
have the right to be pall bsdc by me for sit of its costa lard expenses is enforcing this Note to the c>trtat not
prohibited _by applicable tats. Those expensex include, for eaamplo, rrasoaab)e attorneys' fees.
8. - GIVING OF NOTICES
Unless applicable law. a differeaot method., tttgr notice that must be pvea to ma uhdetr thla Note
till be. given by delivetitig it or by tnalltng it by fast class mad w me't the Propcrry Address above ao< at s
ditl'ettat address if I give the Note Helder a_nosicc of my diffcrenc tddiesa. -
- Unlca the Nexe Holder rxquira ~ ditfermt method, atry troDa that mtW be given to t>se Note Holdcx
under:this Noe wrll be gtYm.by rmiliag it by 4irat clsst: mull m the Note Hddar at the address stated in Section
3(A) above of at a diffcrtni address if I am givu- t notice of tbsc di$ercnt addms.
9. OBLIGATTUNS OF PEIt30iNS tJhU)RIt THIS NOTE
If more lbws erne person signs his Noe; each person is fuIly sad persam~slly obligated to keep aU of the
promises made In this Nou, tndtrdirrg the prt>tmise to pay the full atnotmt owed. Atiy pcrsaa who is a gttataawr,
surety or endorser of this Note is also obligated to do these things.. Any person arho takes over theao obtigatioaa,
- lndnding the obligations of a gt+aranwr,. atmcxy or endotacx' of Ibis Note, is also obligated to icegi_ aU of the
pmtttisa made is this Note.. 'C]te Note Holder may enforce its tights ttndcr this Note against each person .
iudviduatty or sgdnst. all of ns together. `This mattes that any one of ua may bt: roquitod .to pay all of the tumtmta
owed ender this Note.
1D. WAS
- 1 and say other person who has obfigatlo~ under this Note vvaiye the rights of Prexntmmrt and Notice of
Dishonor. `Preammtent" means the ~ rig6t to tz:gaire the Noce Holder t4 demand psymenx of anaatwts doe.
"Nodoe of Dishonor" means the right ip require the Note How to give not1oe w other persons mat amoauts due
have riot been paid.. .
11.. UNIP`O]&M SECURB.D NOTE
~: This Note is a mtiform iaatrr~ment with limicod variatloas in same jtuisdiaions. In addi8on w the protecdons
gtren to the Note Holder under this Notr, a Mortgage, lked of Trost, or Security Deed (the "Sea>siry
Insonrmcfla"). dared the acme dste >s this Note, proteeYS the Note.Helder from posatbk losses that i»ight rrsvlt if 1 .
do not keep the promises that I make iu ehis Note.. That Security lnsnvnoetu describes how and tender what
. _ condidons.I maybe regnund to make immediate psy~t in full of alI srnouats I owe tinder this Note. Sotne of .
those cgnditions read as fo]]ows:
MULIISTATIi 4DJUS[ABI~ ItAT~ NOTE OF65 Pipe 3 of I FHbDC6D
S.o~e Famay . ModPKd FNMA Form 3520
'•
m B01YO~'-e!. : AS USOd iJ1 this
'11ra1nsfet of the ProPat7 or a BlDe6c3a1 Xnte*'~
titt~6 ~ ~ or brntfl~l mtrmt in die Pr~p~Y+ ..
Saxloa 18, "Interest la die. may' ~,~is rnasfetrod is a.boad fot deed, cpmtratt
laciud'*na. bvc nor ll~ud m, sbose bmef'ie~ the i~Cnt of which is the tTatlst~er of
. for deed, t sales oottt~ or rscrow ~wt,
dde by Borrows at s futtae dare ~ a P~~- ~~ ~ ~ ~ is gold or trmsferred
]f all or any part of tLie Pt+ope=ty ~Y in Boma is sdd or
(or if Borrower is nor a Datttral- ptxson ~ a benefua9l ittteresc is
. iranafezt~ witbotII I,mder•: prior wd2ten ooasmt, Lender may'rti9+tire immaliate pay>ir~
6sstrtuaeat. Hawe~e*, this~oDtion shall not be
fuII of aV stwu second yY ibis SecurttY 1>csWe Laa .
by Lender if inch exercise is pi's d'Y APP . in full. Linder shall 8tve
If Lender exeitases the optim to ~ ~°~~-.~~~ less thin ~ ~ from
BotTOw~ aotioe of aooelerariaa. '[he notice. 15 withla which Borrower tttust PaY ~
the dare the nodce is grnea in axordaooh~wlth 5oaioa- these mim prior to tlu
sums s~ by this Sopuity Tnstrt>mcat- If Botrawer :~ ~ by this Socu?hY Ind
exp'~nu3oa of this period. Leader a?sY ~~ ~ ~~ ~~
withova furt>ier aotiCG or dcmmd OII Bormwes•
WlTNE3S'ITIE HAND(S) AND SEAL(S) .O1:1H6 UNDERSIGNED. .
_ l~12~~ (~) -Bor(rowa _
1t+Sr,TSit T -gor:ower
~.
Borrows
. (~
-Bo~owa
(sue)
.gorFOwcr
(~~ : .
-Borrower
csean
-1orrower
(Sean
Bortirwer
('Sign original ontyl
1KULTISTAT6 ADJUStAB~ RATE N(318 0606 ~ 1 e[ 4
~g~ _ Mp~fed FNAll1 berm 3520 .
r ~ i
` ~ ~ l~~I~IW~~~~~I~~N~lll
,~ Doc ID: 005312220017 fTyps:_ (iEN
Recorded: 12/08/2005 at 10:05:58 Aft
Fes Amt: E87.00 Paps 1 of 17
oubuQUS County Iona
' Kathy Flynn Thurlow Recorder
F11e2005-00020022
i~~l~~
s~~~,,.
;r ~~ REAL ESTATE MORTGAGE
THE IOWA STATE BAR ASSOCIATK)N
Official Form No. 127
~J'~,;,,,,~°~ Recorder's Cover Sheet
Preparer Information: (Name, address and phone number)
First Horiwn Home Loan, 5901 College Boulevard, 3rd Floor, Overland Park, KS 66211
Taxpayer information: (Name and complete address)
Jeffrey J. Welter, 695 Kane Street, Dubuque, Iowa 52001
Return Document To: (Name and complete address)
Hughes & Trannel, P.C.
1154 Iowa Street
Dubuque, Iowa 5200 t
Grantors: Grantees:
Jeft'rey J. Wetter First Horizon Home Loan
EXH161T
Legal description: See Page>Z Sew £~ i,. b; -- q
3s
Document or instrument number of previously recorded documents:
o n.. wow sw. e.. Aaod.uon X006
aw,wocse
\~ ~ ~7~~
\~~ ~ Nu~tnes~Ttannel
12/07/2905 10:16 FAX FIRST CONNECT f~010/075
[space Aso~• 111ik IJn• F•r RaeorCia` Daa]
~~ By:
FIRST HORIZON H01~ LOl-D1 CORPOR7-TION
5901 COLLBOH HOIILBt/WtD, 3RD PI.oOR
OYBRL7IND Bl-RK, 1CS 66211
Return To:
PIA9T HORIZON HOI~ L011N COR170RATION
5901 COLLEdE BOIILSVARD, 3RD PLOOR
OVERLAND BARK, KS 66211
Fnri Legal Desctiption located oa page 3
I.erlder Nome located on page 2
MORTGAGE
DEFINITIONS
Words used in muitipk sections of thu document arc defined below and other words are defined in Sections
3, 1 1, 13. l8, 20 and 21. Certain rules regerd]ng the usage of words used in this docwtu~lt are also pit-vidcd
in Section 16.
(A) "$ttvrity InStrumeat" mCat14 this document, Which iS dattA December 7th, 2005 ,
together with al] Rider to this dOCUtnent.
(B) "Borrower" is
-~Pi~ER'Y` J WELTER
c;'L-'7cFQt='Y ~~
Borrower is the mortgagor under this Secwity Inswmalt
IOWA-Slnple FamilyFsnnle MaslFr•ddie Mac UNIFORM INS7RUTAENT
-6(IA) laoal
Papa 1 et 13 lalgak: ~~
VNP Ysnp~p~ Sowtbns 800)5?1.7291
Form dote »ot
i~~~~si~
12/07%2005 10:16 FAX FIRST CONNECT (~j011/075
(C) "Lender" is BrRST Hottrzonr sots ioAp coxrow-TZOa~
Lends is a CoRpoxATiox
argatrired and crcisting ttntkr the laws of ~ STATB OY i<ANSAS
Lender's address is 4D00 Horiaon leery, =rviog, Texas 75063
Lender is the meetgagec under this Secttrlty IsaYrumtnt.
(D) "Note" means the promissory Holt signed by Borrower and dated December 7th, 2005
Z?tc Nose states that Bonoacr owes Ltxidac
9811~TrY ON8 THODS7IND TWO HIINDR» P2PTY a 00/100 ~ I?oilers
(US. S 71, X50.00) plus Intrsest Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not t8ler than January 1st, ao36
()E) "YropertJ" means the property that is dtsaibed below under the heading "'transfer of Rlghu in the
~y,N
(b7 "Cuero" means the debt evidenced by the Note, phis interest, any prepayment charges and fate charges
due under the Nou, and all sums due undcx this Seeur9ty (nsorumcnt, plus interest.
(G) "Riders" morns aII Rides i4 this Soctuity Instrument that arc exauted by Bosnowrr. 7lrc following
Riders an: to be executed by Borrawer [chocJc box as applicabk):
Adjustable Rate Rider Condominium Rider ~ Second Home Rider
Balloon Rides Planned Unit Development Rider 1-4 Fatuity Rider
VA Rides Biweekly Payment Rides 0 Otlrer(s} [specify)
(H) "Applicebk Law" rne;ans all eonoroliing applicabk federal, state and local statutes. reguladoris.
ordinances and administraljve rubs and orders (that have the effxt of law) as well as all applicable final,
non-appratebia judicial opinions.
m "Community Assoc+ation Does, Fees, and Assessments" means all dues, foes, assessmcxtu and ottua
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar orgmtization.
(J) "Electronic Feeds 7ti'aasf'er" meatLt any transfer of funds, other than a transaction originated by cheek,
draft, os similar paper instrument, ahieh i9 lnidatad through an t-ectronie trrminal, telephonk instrument,
compDttr. or magnetic tape s0 aS w order. in.SfrUCt, or nuthori~ a financial instiwtion m debit or credit ao
account. Such tarn includes, but i, not lirni(ed to, point of-salt transfers, autouiatod leper machine
transactions. transfers initiated by telephone. wlrt: transfers, and automated ckarir-ghouse transfcss.
(IQ "Escrow Items" means those items that are desrn'bod in Sxtlon 3.
(L) "Misextlaneous Proceeds" means any compcrrsadon, settlpnent, award of damages, or proceeds pa[d by
any d-lyd party (other than uueaettce proceeds paid under the coverages described in Section 5) for..(i)
damage to, or dw'truction of; the Property; Vii) corrdemnetion or other taking of all or any part of the Property;
(i+i) conveyance in lieu of condemnation; air (i~-) misrCprCCentatiOns of, or omissions as tn, the value andJbr
condition of the PropertY_
(!td) "Mortgage ]fatttratsce" means insurance protesting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly Scheduled amount due for (i) prindpal and interest under alto
Note, plus (u) any amounts order Section 3 of this Security Ltstrurtrent_
- - - - reutarc: Z~
-tt(tA) taost vane s m is
Form 30t9 ilOt
• 12/07%2005 10:17 FAX FIRST CONNECT ~~012/075
(O) "RLSPA" means the Real Estate Setdemexu Procedures Act (12 U.S.C. Section 2601 et seq.) and its
irnplcmcnting reguladon, Regulation X (?A CFR. Pan 3500), as they might be amended ft+om time to time.
or any additional or successor legislation or regulation that govertrs the wane subject trtatorr. As used in this`
Secnriry Ir>strutttcrtt, "RESPA" refers to all requirratents and rt:soricdons that arc imposed in regard to a
"tDdecally related mortgage loan' even if the Loan does not qualify as a "federally related mortgage ban'.
under [tFSPA
"$YtCCSSOt iD Tatetrest Of BOITOWlr" mans any party that has taken tick t0 the Property, whether ~ not
there party has assumed Bot7ow~r'a obligations undo the Note and/or this Securiry Instrument.
'TRANSFER OF RiGHl'S IN 'fHE PROPERTY
Ttis Security Ittstrutrtent SDCUrrs to [.trrder: (r) the repayment of the Loan, and all rtrt¢wals, extensions and
modifrcatians of the Note; and (li) fie perfottnauce of Borrower's Dovertsats and agr>:erttctus undo thfs
Scctuity Inswmcnt and the Note, For this purpose, Borrower irrevocably mortgages, grants aad
conveys W Leader, with power of sale, the following dewtlxd property Iorarrd in the
County of Dubuque .
(Type of Reeardaa~ Juridicrfmt) lNtune ~ Ret:ordinl Jurirdicrian]
All that tract or parcel of lead ere ahoaa oa t3chedule ^A^ attached
hereto ~+hich is irreorpozated bereia aad made a part hereof.
Parse! ID Ntuebtr County: 10-19 -133-014 city: N/A which curtrntty has the aOdrtst of
695 ICan4 Street - (~~l
DUHIIQtJB ICuy), Iowa 52001 (zip Cods)
("Property Address':
TOGETHER W[TH all the improvements now of hertaftet eructed on the property, and ap eascrnertu,
a1PD-~, and fixtures now Or hereafter a part of the property. All replaoerrtents and additions shall also
be Dpvertd by thLs Sectaity Inswment. Atl of the foregoing is tefttred t0 in this Security Instruatettt as the
"~op~Y .
BOItR01~R COVENANTS that Borrower is IawfuDy seised of the estate htxeby conveyed and has
the right to grant aad convey the PropeYty and that the Property is tmeneurnbertad, except for enctrmbrarrtxs of
record. Botroaer warrants end will deferxl gerretaUy the title w the Yropaly against aU claims and demands,
subject to any encumbrances of rncor+d,
TEAS SECURITY INSTRUII~.NT combines uniform covenants for national use and nan-uniform
covenants with limited variations by jurisdiction to constiwte a uniform security instrument Dowering heal
property.
- ------ ~nNta~t:
-6(IA) cereal Papa ] et tti
Form 901s t/Ot
12/07%2005 10:17 F~1X FIRST CONNECT 1013/075
UNII=ORM COVENAN7S_ Bornowa and Colder covcxlant and agree aS follows:
1. Paymwt of Principal. Intsrrst, Escrow ltetns/ Prcpa~weat Charges; and Lste Charges.:
Harrower shall pay when due the principal of, and intrsest an, the debt evidettcod by the Nou and atty~
prcpaytnent charges and Late charges due under the Note. Borrower shall also pay farads for Escrow ituat.
pursuant w Section 3. Peymerats due under the .Note and this Security Insttutnent sh81i be made in U.S.
currency. However, if any chock or other instrument nxeived by Leader as payment under the Note or this
Security Instrument is tcturncd m lender unpaid. Lender rosy require that any or all subsequrnt payments
title under tht Neu and this Security Inswrucat be made in one or more of tiro following forms. as sckeued
by Ltatdcr: (a) cash (b) money order; (c) certified chock. bank check, treasurer's dteCk or cashier's chock;
provided any such chock is drawn upon an institupon whose deposiu arc insured by a federal agency;
instromenlality. or entity; or (d) Electronic Funds 'Itatlafa.
Payments are downed reCelved by Lcndu where teceivcd at the location designated is the Note oar at
such other hxation as may be designated by Lender in eccordaatcc with the notice provisions in Section 15:
Lender may rctum any payment or partial payment if the paymeru or partial paymatts are insuffiCicttt to bring
the Loan current. Colder may accept any payment of partial paytnatt Ir~ctlffiarnt to bring the Loan currcni,
widlont waiver of any tights hueunde[ or prejudice to its rights m refuse such paymrnt or partial payments iq
the futtue, bat Lender is not obligated to apply such payments at the ricrac stilt payments ac+e scxeptcd. If tact-
Periodic Paymult is applied as of its scheduled due dau, then I..enddr Hood not pay interCSt Ott unapptied
fends. Lex-der may hold such utrspptied fends until Borrower makes payment to bring the Lean current I'f
Borrows does rest do so within a reasonable period of time, Lender shall either apply such funds oar return
them to Borrower. if rest applied earlier, such funds will be applied to the outstanding principal 6alanoe under
the Nets immedistcly prior to forecbsura No offset or claim which Borrower might have rww or in the
future agafnst Lcndcr sha@ relieve Bormwu from malting payments due under the Notc and this Security
Instrument or petfomring the covenants and agroemeats sCCured by this Stxwity Instrtttnet-t.
2. Application of Payments or Proceeds. Except as otherwise described in this Sectiwn 2. all payments
accepted and applied by Lea-da shall be applied in the following order of priority: (a) int+etcst due under the
Note: (b) principal dun under the Noce; (e) amounu doe under Section 3. Such payments sha)1 be applied to
each Periodic Payment in the order in which it became due. Any r~ernairting amounts shall be applied first to
late chargers, second to any other amounts due under this Security Insuvrr-cr-t, and that to reduce the principal
balance of the Note.
If Lender tceeives a payment From Borrower Cot a delil-quent Periodic Payment which includes a
sufficient amount m pay any late charge due. the payment may be applied to tilt delinquent paymalt and ttie
late chvgc. It more than one Periodic Payment is outstanding. Lends may apply any payment received from
Borrower to the repayment of the Periodic Payrrrcntn if, and to the extent that, each payment crr- be paid !n
fun. To the extent that any excess exists after the paymatt Is applied oo the full payment of one Or nwi,e
Periodic Payments, such acevs may be appiicd to any late charges due. Vohmtary prepayments shall be
applied first to any prepayment charges and then as dcsaibed in the Note.
My application of payments, insurance proceeds, of Miscellaneous Proceeds to principal due under ti-e
Note shall not extend or postpone the due date, or change the amount, o[ rho Periodic Payments,
3. Funds for Escrow hems Borrvwa shall pay to Lender on the day Periodic Payments are due tinder
the Note. until the Note is paid in full, a sum (the "Punds'~ to pravidc for payment of amotmts due tor, (a)
taxes and assessmenu and other items which Cart attain priority ova this Security ItLSUttrnertt a, a lien or
encumbratroe on the Property: (b) kxsehold payments or ground rents on the Property, If eery; (c) pnmiurtts
for any and ell fltsiualtee required by Linder under Section S: and (d) Mortgage Ittsuranee prraninms, if ariy.
or any sums payable by Borrows ro Lender in lieu of the payment of Mortgage LostuanCC premiums In
accordance with the provisiotu of Section 10. These items are called "F.sezow Items " At origination err at any
lima during the cum of the Loan, Lender may require that Community Association Duna. Fees. apd
Inidap: 1-~
-6t1A) ta~osi Papa m Is Form 3016 1107
12/07/2005 10: i7 FAX FIRST CONNECT 0 014/075
Assessments, if any. be escrowed by Borrower, and such dues. foes and assesstncnts shall be an Estxoa Item:
Borrower Shall promptly furnish m Larder all rwuoes of amounts to be paid udder this Section. Btxrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Fttnd~
for any of all Escrow IterDS. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such vwAivCT may only be in writing. !n die event of such wafver, Borrowei
shall pay diteuly, when and where payable, rite amounts due for any F.scroa Items for which payment of
Funds has been waivod by Lrnder and, if Lender trquirts, shall famish m Linder receipts evidcx-cit-g such
payment within strc6 time period as Lender may require. Borrowes's obllgttdon tQ make such payments and
w provide roccipts shaD for ell ptuposts be deemed to be a covenant and agt+aesneatt contained in this Soetrriry
Instnunerrt as the phrase 'covenant and agroattetrt' is treed in Section 9. if Borrower is obligated to pay
Escrow Items directly, pursuant to a waives, and Borrower fa7s w pay die amount dire for an Escrow Ittai,
Lendex may exercise its rights uDdet Section 9 and pay strch amount and Borrower shall then be obbgated
tinder Section 9 to rrpay to Lender any such amount. Lender rosy revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon sneh revocation. Bosrowu shall
pay m Lender all Funds, and is such amounts, that are then rcquved ender this Section 3. '
Lendu may, at any time, oolloct and hold Funds in ~ amount (a) wfficicnt to pclmit Lender to apply
the Funds at dtc tints specified ender RESPA, and (b) trot ~ exceed the maximum amount a kxtdtr can
tl;quirC under RfiSPA. Leader Mall estimate the amount of Funds due oo the basis o[ curnnt data arid
reasortabk evtlntates of expenditures of future Escrow ltrms or otherwise in accoMartce with Applir~ble Levu.
The Fiords sha11 be ttcld in an institnCwrt whose deposits are insured by a federal agency, ir~smrmenmliry"
or entity (tnchading Lender, if Lender is an institution whose dcposiu are so insured) or in any Federal Home
Loan Bank. Lender shall apply tht Funds to pay rho Esaow litters no faro than the time specified trrtder
RfiSPA. Leader shall not charge Borroau for hoid~g and applying the Funds, annually analyzing die
tyuow account, or verifying the Irsaow Itans, unless Larder pays Borrower interest on the Funds and
Applicable Law permits Leader to make such a charge. Uttkss an agreematt is made in writing or Applicable
Law requires inttarst to be paid on tltc Iltnds, Leader shall Dot be retluQCd to pay Borrower any interest or
earnings on the Funds. Borrower and Lender can agree in writing. however, that intrse~t shall be paid ova the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a sluptus of Funds held in escrow, as defused under ItESPA, Lender shall accout to
9orrowcr feu the exuss funds in atxordarecc with RESPA. If lhere is a shortage of Funds held in escrow, as
defined gndcr RFSPA, Lender shad notify Borrower es required by ItESPA, and Borrrnvcr shall pay to
mender the amount nocecsary m make np the shortage )n accordance with RFSPA, but in no more them 12
monthly payments. if dare is s deficiency of Ponds told in tsGtow, as defused under RESPA, Lender shall
nodfy Borrower as roquirtd by ItESPA, and Borrows shall pay m Lender the amount neussary to make irp
the deficiatry in accordance with ]tESPA, but in no more than 12 moatAly payments.
Upon payment in full of elf sums secured by this Sauriry lnstrurrtcnt, Lendu shall promptly refund to
Borrower any Funds hrJd by Ltader.
4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, Pints, and impositions
auributabk to the Property which can attain priority over this Socurity Instrument leasehold payments ,or
ground rents on the Propt:rry, if any, and Community Association Dues. Foes, and Assessments. ifany. To die
Cntcltl that these ioctr~ are Escrow items. Borrower shall pay them in the manner provided in Sation 3.
Borrower shall promprjy discharge any lien which bas priority ova this Soarrry Instrument unless
Borrowu: (e) agroes in writing to rho payment of the obligation socurcd by the lies in a manner acceptable' to
Lrndes, but only so long as Borrows is performing such agrocmenr (b) contests the liraat in good faidt
by, or defends against an[or+cattatt of the liar in, hgal procccdings which in Lender's opinion operate W
---_~~_ Inhhl6- J~T~
-6(IA) (wo5) vy s •~ is Form 3010 1101
12/07/2005 10:17 FAX FIRST CONNECT
®015/015
prevent the enfottxment of the lien while those proceedings are pending, but only until such proeoedings
are concluded: or (c) secures from the holds of the liar an agruxnent satisfactory to Lender subordinating the
Ilea to this Secuuity instrument. If Lender dotutniacs that any pan of the Proptxry is subject ID a fiat which
can auxin priority over this Security Insmtmar4 Leader may glue Borrower a notice identifying the liar.
Withitr t0 days of the date on which that notice is giver, Borrows shall satisfy the Gen or take one or mono
of the actions set forth above in this Section 4.
Leads may roquire Borrower wpay gone-time charge far a real esmte trot verification and/or reporting
service used by Lender in connection with this I..oan_
S. Property Iosnrsnce. Borrower shall ktxp the imprnvarrents now existing or hereafter aecttd on the
property insured against loss by f>re. harudi included within the term "extended wverage: aad any tithes.
hazards including. bat not limioed to, eaMquakes mtd floods, for which Lender requites insorar-ce. Thli
insurance shall be maintained is the amounts ('including deductible levels) and for the periods that Lt
requires. What Lender requires pursuant m the pmeceding sentenecs c~rr change during rice term of the Loan.
The brsarance carrier providing the insurance shall be chosen by Borrower snbjoct m 1-tnder's right tp
disapprove BOtrt-wlY's choice. which right shall not be exercised unrcasotrebly. Lender may require
Borrower to pay, in eonnecdon with this Loan. either (a) a one-time charge Cor flood zone determitratmn,
caofuution end ttacldng strviees; or (b) s one-time charge for flood zone determination and ctrdf~ication
services and sub9equa-t charges tacJr time tYrtrappings or simtlar changes occur which rrssonably mig~tit
affect such deterrninaijon or cavticstion. Borrowtr shall also be rzsponsrble for the payment of any fors
imposed by dre FccllFral: Emergency Management Agency in connection with the review of any flood trace
deterarirrationcesulting from an objoction by Borrower.
tf Borrower fails to maintain arty of the coverages dcaaibed above, Lender may obtain insnr~roe
wveragc. at Lender's option and Borrowei s expense. Lender is under no obligation m purchase atajr
particular type qr amount of coverage. Therefore, such oo~erage shall tovCr L.ettder, but might or might not
protect Borrower. Borrower's oquity in the Prapetty, or the contents of the Property, against any risk, hazes
or liability and might provide greats or lesser coverage than was previously in effexe. Borrower
acknowledges that the cost of the inStuarK'.e coverage so obtained might significatrdy exceed the cost of
insurance drat Borrower could have obtained- Any amoattts disbursed by l.eoder tu~dcr this Section S sheD
baome additiotral debt of Borrower Secured by this Security InsWment These amounts shall bear inteest et
the Note race from the date of disbrrrscment and shaD be payable. w[th such int~crest, upon notice fiom Lender
w Borrower requesting payment
All ir-surartce policies t+ogttittd by Lender and renewals of such poGdcs shall be subject w Lender's
right m disapprove such politics, shall include s standard mortgage clause, and shall name Leader as
mortgagee and/or ss an adtlioonal loss payee. Lrnda shall bave the right to hold the politics and rCAewal
certificates. It Lends rogttires, Borrower shall promptly glue to Lender all recdpts of paid premiums and
renewal notices. U Borrower obtains any form of insvranx coverage, not otherwise required by larder, for
damage to, or destroctioa of, rice Property. such policy shall itre]ude a standard mortgage clause and sha11
Warne Lcrtdcr as rntutgagee andMr as an additional loss payee.
In dre Burnt of loss. Borrower sha11 give prompt notice to the Insurance tattier and Lender. Ler-der may
make proof of loss J not made promptly by Borrower. Unless Larder and Borrows otherwise agree in
writing, any insurance ptooccds, whether of not the urrdetlying insrrrarrcc was required by Lender, shall be
applied to restoration or :zpair of the Property, J the nsraradon or repair is oeonomieally feasible and
Lender's security is not lesser-ed. During such repair and rrstotation period, Lender shall Ague the right to
hold such insurance proceeds until Lender bas had an opportunity m inspect sttclr Property to enstue the work
has been completed m Lender's satisfaction, provided that stul- inspection shall be undatakan promptly.
Lender may disburse proccods for the repairs and restoration in a single payment or in a series of progress
payments as the work is canpleted. Unless an agrvancnt is made in writing or Applicable Law
------ t~rb~: ~'z-J
-6(IA) taosr Vap~ a or is Form X018 1101
12/07%2005 10:18 FAX FIRST CONNECT f~j016/075
requires interest to be paid on such insurance proceeds, Lertdtr shall not be required ro pay Bonvwa any
inturst or earnings on such proceeds. Fees for public adjustors, or other third parries, retained by Borrower
shall not be paid out of the otsurance proceeds and shall be the sole obligadon of Borrows. If the resmratioti
or repair is not economically feasible or Lender's secusiry wrould be iesser~ed, the insurance procxods shell be
applied to the sums seaFCd by this 5ocuriry Instrument. whethcl or not that due, with the excess. if any, paid
w Borrows. Such insurance procads shad bt: apptiod in the ottler ptovidcd for in Section 2.
if Borrower abandons the Property, Calder may Ctle, negotiate and stale any available insurance clairu
and related matters. I[ Borrower does not respond within 30 days to a notice born Lender that the insurance
canier has offered to stale a claim, that Linder may negotiate and settle the claim. 'Ilte 30-day period will
begin when the notice is given, In either tvetlt, Ot if Lendu acquires the Property under Section 22 otc
otherwise, Borrows hetsby assigns to Lcnda (a) Borrower's rights m any insurance proceeds in an amowit
not to excoad the amounts ttrtpaid under the Note or this Securry Lrstrumtnt, and (b) any other of Borrower s
rights (other than the right to any round of unearned premiums paid by Borrows) Hader all insurance
purities covering the property. insofar as such eights ttre ttpplicablc to die coverage of the Property. Lcrtdcr
rosy use the insural~e proortda tither to repair err restore rite Propc~ty or to pay amounts unpaid undo the
Note or this Sxuriry lnstrnmeru, whether or not tlte~t due.
6.Oceupancy. Botmtt+s shall ooeupy, asmblish, and use the Property as Borrower's principal rtsidestce
within 60 days after the uecution of this Sxuriry Instrument and shall continue to occupy the Property as
Borrower's prinripeJ residence for at least one year efts the daft o[ occupancy, unless Lender otherwise
agrees in wsatittg, which consent shall not be unreasonably withheld. or unless extenuating circumstances
exist which are beyond Borrower's eoturoi
7. Preservation, IHahttcsanee end ProteRion of tLe Proptty; Inspections. Borrower shall not
destiny, damage or impair the Property, allow the Property to daaiorate or commit waste on the Propexty.
Wt-cthrr or not $orrower ie residing m the Property, Borrower shall maintain the propcxty in order to prCVeitt
the Propcny from deteriorating or dcccradng in value due to its condition. Unkst It is determined pursuant fo
Section S fiat rcparr or restoratioa is not economically tcassbte, 8otmws shall promptly repair the Property ~if
damaged w avoid ftrrtttcr deruioration or damage. Tf irtstaance oar condannarion proceeds are paid in
connxlion with damage to, or the taRLtg of, the Property, Borrows shall be responsible for repairing or
rrstnring the Property only if Larder has released proceeds for such purposes. Lcatder may disburse proceeds
for the repairs and restorati0tt in a single payment or in a series o[ progress payments as the cork is
completed. It the insurance or eondannation proceeds are not sufficiatt to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair s rrstaraiion.
Lender or its agent may malcC reasonable entries upon and inspections oC the Property. B it has
reasonable cause, l,cads may inspect the interior of the improvernettts on the property. Lender shall give
Borrows notice at the time of of prior to such an interior inspection specifying such seasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, dtuirtg the Loan application process,
Batrowa or any persons or entities acting at ttte direction of Borrower or with Boasower's Imowledge or
consent gave matCiially false. misleading. Or inatxurata infoamadon or atatemeots to Lender (or failed io
provide Lender with rnBtCtial information) in oatntYtioo with the Loan. Material rtprtsontations incLtde, tint
arc not limited to, representations conwnutg Borrower's ocntpancy of the Property as Borrower's principal
tesidatce,
9. I'roterdon of Lmdec's Interest in the Properi7 and Rights Uodtr this Security 1n5L~utaent. If
(a) Borrower tails m perform the oovcrrants and agrcerncrtu oontaintd in this Security lnstrutnent. (b) there is.
a legal procading [hat might significantly affect Lender's intsest in rite Property and/or rights under this
Set-urity Insotnmcr-t (such as a ptoocoding in bankruptcy. probate, for condemnation or forfeiture, [or
enforcement of a lira which may attain priority ova this Security Instrument or m enforce laws or
regulations), or (c) BoiPOwer bas abandoned the Property, then Lender may do and pay for whatever is
- - - - - Inltl~k:~j- L+V
-611A) lo~osr Pager 7 01 t6 FO-m 3016 1101
12/07!2005 10;18 FAX FIRST CONNECT f~j017/075
reasonable or appropriate to protect Lenda's interest in the Property and rights under this Security
Instrument, including protettirtg and/or assessing the value of the Property, and securing and/or repairing
the Property. Lendv s actions can include, but are not limiud to: (aj paying any wms sawed by a liar which
has priority over this Stxwiry InsntcmenC (b) appearing in r.~ourt; and (c) payi:rg reasonable attorneys' fees to
protect its interest in the Property artq/or tights under this Security Instrometft, including its secured posidon
in a bankruptcy proceeditfg. 5atn~ing the Pmpary includes, but is not limited w, entering the Property ~
ttfaltt repairs, change ticks, replace or board up doors and windows. drain aaa~r from pipes, climinaris
building or othv code viglations or daagerovs tortdidons, and !rave ntilitlas Alerted On os off. Althovglt
Lendv may talcs action under thie Seulon 9, Lends does not have w do 9o end is not undo any duty or
obligation m do so. It is agreed that Lcnda incurs no liabrL'ry for not taking any or all actions authorized
Under this Section 9.
Any amounu disbttrsed by Lender undo this Suction 9 shall boconu addidotfal debt of Bestows
sesvrcd by this Seauiry Instnwent 'l7tese amounts shall baser inttYtSt at the Note race from the date of
disbnrsemcnl and shall be payable, with sock interest, upon notice from Lender w Borrower requesting
payment
If this Security instrument is on a leasehold, Borrower shall comply with aU the provisions of the !sass.
If Borrowv acquires [ec title to dte Property, fife kaselfoW and the foe tide shall not merge unless Lurch
agrees ro the merger b writvtg.
10. Mortgage Lnsuranee. If Lender required Mvngage Instrtartca ra a condition of making the Loan,
Borrower shall pay the prr~miums required to maintain the Mortgage Insurance in effect_ if, for any reason.
die Mortgage insUrarfce coverage required by Lcadcx ceases to be available from die mortgage insurer that
previously provided such insurartoc seed Borrower was required w make separauly designated paymenq
toward the premitttna'for Mcrlg$ge ~Insurainoe, Borrowv t~haU~pay du:pretniutns required to obteitf-coverage
sffbstanttally equivalent to the Mortgage Insntartce previously in effect, at a cost substantially equivalent io
the cost to Borro*+cr o! the Mortgage Insurance previously in effect, from an alternate mortgage irtsfRer
selecoed by Lender. If substantialy tquivalent Mortgage Inswance coverage is not available, Borrower shsU
continue k pay 1b L;cn~cr tliu'~~tdtir~53nt~Cftlfn saparatel)-~designatcd-paytmtttsthat were~doc what the ittsuranoc
coverage ceased a be in effect. Lender soil! atxxpt. use and retain these paymente as a non-tefnndabk loss
reserve b liw of Mortgage Inwrarfoc. Such bas r+eswe shag be Wort-r+efiufdable, notwithstanding the fact that
the Loan is ultimately paid ut fuU, and Leadu ShaD not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer regtrae loss reserve payrnafct if Mortgage Insurance coverage (tn
the arnenmt and for the period that Lerida requires) provided by an insurer selected by Colder again bexomcs
available. is obtahted, and Lender requires separately designated paymenp toward the ptemitrms for Mortgage
Insurance. i< !..ender required Mortgage Insurance as a condition of making the Loan and BofTower was
required to make scparatrly designated payrnexrtt toward the prcxniums for Mortgage Insrtranee, Borrower
shall pay rho prctniums required m mainnin Mortgage Insurance in effect, a toprovide anon-refundable loss
reserve, until Lender's requiremaft for Mortgage Insurar-cc ands in suordartce with any written agreesr-ent
bawoen $orrowa and Lender providing for such tamination or anal texrnir-ation is resulted by Applicable
Law, Nothing in this Section 10 affects Borrower's obligation to pay intnrost st the rate provided in the Note.
Mortgage Insurance reimburses Lcrtder (ot any entity that protheses the Note) for certain losses it may
incur if Borrower does not repay the Lost as agreed. Btrrrowet is not a party to the Mortgage Insurance.
Mortgage itl5ttrtrs evaluate their W W risk on all such insturanoe in forge from time W time, and tray
enter into agroattents whh other parties that share a modify thdr risk, or reduce bases. Zese agrouncner lees
on terms and conditions that are satisfactory ro the tnottgage insure e»d the other party (or parties) to these
agrexntents. These agrcome~ts msy require the mortgage utsnrer to rtutke payments using any source df fluids
that the mortgage insurer may have available (which may include iwtds obtairud item Mortgage 1rLCUrance
prtmiettns).
As a result of these agrexmencs, Lender, any putrhasex of the Note, another insurer. any reinsurer, any
other cndry, or any afftliaoe of any of the foregoing, may receive (dirextly or indirextly) amotmts that derive
from (or might be eharaeceuined as) a portiem of Bomower's payments far Mortgage Insurance, in exchange
for sharing ~ modifying the mortgage insutsr's risk, or reducing Iosscs. If such agrexrnent provides that an
e~euu: ~+~
-6ttA) eekosf v^Q. e-.r is Fo--n 3at6 1!01
12/07/2005 10:18 fAX FIitST CONNECT ®018/075
affiliate of Lender takes a share of the unsurrs's risk in atchange for a share of the premitums paid w the
insurtr. the arrangensent is often termod "captive rcusstrrarsce.- Further.
(a} Any wch agrexments vrs~l not affect the amounts that Borrower has agreed to pay for
Mortgage inttrrantx, or any otter terms of the l.oao. Such agreements m'U not ma•ease the amount
Borrower will owe for Mortgage Ifasuranae, and they wgi not entitle Borrot-cr to any reftmd.
(b) Any tack sgreetneats a~rll not affts:t the rights Borrower bas - if any -with rtspect to the
Mortgage Iasureaa ender the Homoowasers Protection Aq of 1998 or say other law, These rights may
iar]ude the right to receive cctrtaia discbsures, W request and obtain tanoettation of the Mortgage
Inswra»te, to have the Mortta=e Iosaranee term6uted automatically, andJor to receive a refund of ady
Mo~sge Iaswrnna premiums that were nncattsed at the time of such nocellation or termination.
1. Assignment of Mitrallaoeous Proceeds; Forfettnre. A11 Mrsccparsoous Procoeds arc hereby
tsssigoed m and shall ba paid w Lender.
If the Proparty is darrraged, such Miscellaneous Procoodc shall be ap~pticcd to restoration or repair of the
Property, u the restoration or repair is ooonomic~lly feasrbk-and I.er-der's socuriry iy not Jcs.9ened. During
such repair and restoration period, Lender strati have the right to hold such Mi9ceilanoous Prpc~ceds until
l.rndcr has had an oppornsniry to inspat eucJs Pioprrry ro e»sure dse work has been evmpletod m Leader's
satisfaction. provided that such incpecdors shall be trtsdettaken promptly- Let-det may pay for the repairs and
restoration in a single disbtusutrerst or in a series of progress payments as•the work is completed. Unitas air
agreeyoetst is made in writing or Applicable Law roquQCS interest to be paid oo such Miscellaneous Pr+xccds,
Lender shall not be required W pay Borrows any interest or earnings on such N!'iaceUaneous Pcoceods. iE ilia
restoration ar repair u cot ocaaomicaJly feasible or Lender's security aonW be lesseaod, the MtstxUaneoris
Proceeds shall. be applied to the serer scarre~ by this Soctrriry Instrument, whether or not ttrets tine, with life
excess. if any, paid to borrower. Such Miscellaneous Pioca.3s shall`be applied in the provided fOr ~n
Soctioa 2
In the event of a total taking. destruction, or Joss in value of the Roperty, the Miscellaneous Proeeeda
shall be c~gtpli~ t0 the sums snored by this Security Instrument, whether or not then due, with the excess, if
any, paid m Borrower.
Lr the went of a partial taking, destruction, or loss in value of the Property in which the fair tnartdet
value of the Property immediately before tJsc partial talarsg, destnsulon, or loss in valet is equal to or greater
than the runount of lire wars secured by this 5cctrrity Irutnuncnc immediately before the partial taking.
des~uction, or loss in value„ unless Borrows and Lerida otherwise agree in writing, the sums secured by riffs
Security Instrtunertt shall be rCduced by the amount of the Nfisccttaneous Proceeds mnitrplied by the
following fraction: (a) the total amount of the sums severed immediatey txfore the partial taking. destructions,
or loss in vahre dividod by (b) the fair m~rkci value of the Property immediarciy before the partial talcirig,
destruction. or loss in value. Any balarar,e shall be paid m Borrower.
in the event of a partial tiikfrtg, destruction, or loss in value of rho Property fn which dse fair market
value of lire Property immediately before the partial taking. destruction. or Joss in value is kss than Ilse
amount of the stuns secured imm~odiatcly before dsa paroal taking, destruction, or loss irs value, uNt:ss
Barrows and Lender othawlse agree in writing, the Miscellaneous Procoods shall be applied w the ruins
secured by this Saudry Instrument whether or not tkse sums are them dun
tf the Property is abandoned bJ+ Boaower, or if, after notice by Lender to Borrower that the Opposing
Party (as defused in the nr~ct sentence) offers to make eo award to settle a claim for damages. Botrowcr fails
to respond to Lender within 30 days aflar Qse date the notlco is given, Lender is sudsorized to collect and
apply-the Miscetlarroous Procoeds either to restoration or repair of the wopeny or ro the sums sawed by this
Secavity Instrument, whcthcJ or not then due. 'Opposing Patty" means the third party that owes Borrower
Mfsceilaratous Proceeds or the party against whom Bono.ver has a right of action in regard W Mimellanoops
Procccds.
Borrower shall be in default if any action or procet,diog, whether civil or CrirtrirlBJ, is begun that, in
I.tndcr's judgment, could result in forfeiture of the Property or other material impairment of Leeds's interest
in the Property or rights tinder this Sonuiry Instrument Borrows can cure such a default and, if acoelaation
has occurred, reinstate as provided in Section 19, by causing the action err proceeding to be dismissed wilt s
roling that, is Lrnda's judgment. pretaudes forfeiture of the Property or Otlser rnateciel fmpaimsart of
Lender's interest in Ure !'rvperty or rights treader this Security Instrument. The proceeds of any award or claim
-6fIA)ro.ost P^p•sorrs FormJQ16 trot
12/07/2005 t0: t8 FAX FIRST CONNECT 1019/075
for damages that are attributable m the impairment of Lender's intert:st in die Property arc htxeby assigned
and shall be paid ro lender.
All Miscellaneous Proceeds that are not appliod m restemtion or reptdor of the Property shall be appliod
m the antler provided for in Sation 2.
12. Borrower Not Released; lForbcaranct Br Linder Not a Waiver. Extension of the ti:-u ip~
payment or rrtodlfication of amortization of the sums secured by this Securlry Instrument grantod by Lender
[o Borrowtx nr any Successor is Interest of Borrower shall not operate m rrlcate the liability of Borrower
or any Successors in Interest of Borrower, Lender shall not be required to cotrtmwtee ptoCeedirtgs against any
Successor in tntet+est of Borrower or to refuse t0 attend dyne for payment Or otherwise modify amorwratiott
of the clans secnttd by this Security Instrument by mason of any demand made by the original Borrower or
any Successors >n Inttxest of Borrower. Any forixarance by Lender in extxcitittg any tight or remedy
including, without limitation, Lender's at:aptanec of payments from drird persons, endues or
Saccessors in 1nteYest of Borrower or in amoants less than the amount then due, shall not be a waiver of or
proelude the exercise of any right or remedy.
13. Joint and Several LiabiKty; Co-signers; Successors and Assigns Boned. Borrower covenants oral
agrees that Borrower's obligations and liability shall be joint and acrcra!_ Hnwevv. any Borrpwa who
co-signs this Security Instrument but does not accuse the Note (a 'oa-signrr'~: (a) is co-stgnittg this Seturiry
Instrument any to mmtgaga grant and convey the co-aigt-er's interen in dre Prvpcmty under the terms of this
Socuriry Insttrtmenr (b) is not pcrsonatly obligated to pay the same tiarrred by this Savaty Instrrrmcnt; acid
(C) agrees that Lender and any other Borrower can agree m ea~tcnd, modify, forbear or make any
auommerdaoons with regard w the terms of this Sexaaity Instrument or the Note withont the co-signer's
conceal
Subject to the provisions of Section 18, any Successor in Interest of Borrowrr wtio assttme5-'Bturower'a
obligations antler this Security Instrument in wriwng, and is approved by I.entkr, shall obtain all of
Borrower's rights and benefits under this Sattriry Instnanatt. Barrowrx shall trot be released froth
Borro~+er.'a obligations and lEeb~ry urMer this Security [nswmrnt unlr~s Lender agrees m such ukase IIt
writiutg. 7lte covenants and sgtc~toents of this`Sei:tisiry Insavtncnt stialTtlind {cict:~c tli provided in S
20) and benefit the successors and assigns of Linda.
ld. Loess C6ar=ea. L~endtx may charge Borrower tees for setvicet performed in connection with
Boxrower's default, far the purpose of protecting Lcndu's interest in the Property and righL9 under this
Security Lrswment, including. but not limited to, attorneys' foes, property iospation and vahtation fees. In
regard to any otfier foes. the absence of express authority in dtls Security Instrument o~ charge a spociftc fee
to Borrows shall not be construed as a prohibition on the charging of snctr fee. Lender may not charge fees
that arc exprtessly prohibited by this Security lnstrunustt or by Applicable Law.
If the Loan is subject t4 a law which sets tnaxlrtrttrtt loan charges, and that law is finally interpreted so
that the inscxest of other loan charges collected or to be collaredm connection with the Loan exoood the
yCnmitred lurtits, that: (a) any such ban charge shall be reduced by the amount necessary m redact the chaorge
m the permitted limit; and (b) any sums already collated from Borrower which ezcecdcd permitted limits
will be rt:fundod to BorrOwcr. Lends may Choose to make this refund by reducing the principal owed under
the Note or by making a direct payment m BomOwer. II a rtittnd rodaees prucipal, the reduttioo will be
tceaoed as a paroal prepayment without any prepayment charge (whether a not a prepayment clrargc is
provided for antler the Notc)_ Bottawer's acceptance of any such refund made by direct payment to Borro•!et
wW Wrutitnte a waiver of nay right of action Borrower might have s,risirtg oat of such overzhargc.
1S. Notice. All notices given by Borrower or Lends in connection with this Socuriry Instrument most
be in writing. Any notitx to Bocrowu in connection with this Secnriry Instrument shall be deemed to Gave
ban given to Borrower when rnarlcd by Cost class tnaii or whCCt acttta[ly delivet+ed to Borrower's notice
address if seta by other mans. Notice m any ortc Borrower shaft conswnte notice W s9 Borrowers antics
App~abk Law expr+rssly requires odrerwise. Tire notice address shaD be rho Property Address anlcss
Borrowu has designased a subsdntte notice addr+css by notice w Leader. Borrower shall promptly notify
Lender of Bortnwa's c6artge of address. If Lender specifies a prooodtue for rt~g Borrower's change of
address. then Borrower shall only reprut a charge of address through that sptxaficd procedure. There may~bc
only one designucd notice address under this Security insownent a< any one wirer Any notice to Lends s1iaU
be given by dclivcsirtg it or by meriting it by fQSC class marl w [.codex's address stated herein unless Linder
has designated another address by notice to Borrower, Any hallo in eonnrxtion with this Security Irutrumer,t
Inplals:
-6(IA) tanst Pap• io e~ ~s Form 6016 1/O7
12/07/2045 10:19 FAX FIRST CORRECT f~020/075
shag not be deemed ro have barn given to Lcrtder until acatally retCivod by Lender. If any notice required by
this Security Irutn>.ment is also required under Applicable Law, the Appliesbk Law requirement will satisfy
the corresponding roquirtxuatt under ties Security Inwumeat.
16. Goteraing Law; Severability; Raid or Coatitmatioa.'[his Security 1'nstrutttct-t shall be governed
by fedaa! law and the law of the jurisdiction in which the Property is Iocaud. All rights and obligations
contaunod let this Security ]nstrumene arc subject ro any rtquirements and limitations of Applicable Law.
Applicable Law might explicitly or implitcittly allow the panics to agree by contract ovr b might be silent, but
a~ttch silence shall not be construed as a prohtbioon against agreement by contract. In the event that any
provision tar clause of this Security Ietsorument or file Note maflicts with Applicable Law. sorb conflict strati
hot affect other pro~+isioas of this Swlriry Instrument or the Noce which can be given etFect without tht:
oortfltcling provision.
As rued in this Sectuiry Instrument (a) words of the masculine gender shalt tneao yard include
corresportdLtg neuEer words err words of the feminine gender; (b} words in the sittgtt~ar shall mean and
indude the plural and vice versa; and (c) the word `may" gives sole discretion without say obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of fills Security Insuument.
18. Transfer of the Property or a Beaeficiai Interest in Sorrower. As used in this Section 18.
'Inter+est in the Prope:ty' means any legal or beneficial interest itt the Property, including. bat not lirttlted yo,
those beneficial interests trensfemd in a bond for Herd, contract for deed, instaltmtatt sales emmcact or escrow
agrexment. the intent of which is the oraoster of tide by Borrower at a [unite date to a purrAaser.
f[ all or any part of the I?roptrty or any Interest in the Ptoptxty is sold or transferred (or if Borrower is
trot a natural person and a benefiicial intec~st in Bostower is Sold or iransfctreil) vvliltotttt:endtk's prior written
consent, Lender tray rrquve immediate payment in toll of all sums scoured by this Sectairy Instrument.
However, this option shall not be exercised by Lender if such eicercise is prohibited by Applicable Law.
If Ltxuler uettxses this option. Lender sha0 give Borrower notice of acceleration. The noon shall
provide s period of not less than 30 days from the date the fierier !s given in aecordarice with Section 15
within which Borrower trust pay all sums secured by this Soairity lnstramcnt_ it Borrower fails to pay these
sums prior to the expirsdon of this period, Lender may invoke any remedies permitted by this Sccuriiy
Instrument without farther notice or demand on Burrower.
19. Borrower's Right to Relitstette Alter Atxekration. If Borrower treats certain conditions,
Borrower shall have the fight to have aiforccment of this Secteiry Inspiundtt distx><tdnued at any time prier
to the tarflest of: (a) five days before sale of the Property pttrstiant to any power of sale contained in fills
Sxuriry Instrument: (b) such other period as Applicable Law might specify for the termination of Borrower's
right to rriastatc; or (c) txttry of s judgment enforcing this Scarcity Inst:wnen~ 7bose conditions arc that
Borrower. (s) pays Lender a!i sums which then would be due nnda this Security instnunent and the Note as
if no aculeration had occwred; (b) cures any default of any other oovcnants or agrcerrtcnts; (c) pays all
expenses incurr+~d in enfottting this Security lastrumcnt, including, but not limiyed to. reasonable atyomrya'
tees. property inspection and waluatlon fees. and odta fns incurred for the purpose of protecting Lendet"s
interest in the Property and rights under this Security lnstrutttent: and (d) takes such acdoa as Lender may
reasonably rngttire tci assure that Lender s inttYrst in the Ropeety and rights under this Sewriry Ittsaumrrt,
and Borrower's obtiga6on to pay the sums sectited by this Security Instrument, shall sondnue unchanged.
Lendci may rogtiire that Borrower pay such reinstatement sums and experues in one or more of the following
forms. as telecrtd by L~rlder: {s) cash; (b) money order: (c) catifiod choelt, bank check, treasurer's chock ;oar
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a ledeial
agency, instrnmerttality or entity; or (d) Elocrronic Funds Transfer. Upon reir-statenierit by Borrower. this
Seauiry Instrument and obligations securrd hereby shall remain fully effective ffi If tto acceleration h8d
oecurrod. However, this right to reinstate shad not apply in the case of arrrleration under Suction 18.
?A. Sale of Note; Change of Loan Services; Notice of Ctievance. 'i7te Note or a partial interest in the
Note (together svislt this Security instrument) cars be sold one or more times without prior notice to Borrower.
A sate might result in a change in the entity (known 8s the "Loan Servicer'~ that collects Perledic Payments
InMla4: ~ W
-6(tAl taori i'ys 11 N 16 Form 7016 tlOl
12/07/2005 10:19 FAX FIRST CONNECT ®021/075
due under the Notc and this Serarity Instrument and performs other mortgage loan servicing obligations
under the Note, thLs Security InsOtttrtent, and Applicabk Lsw. 7]trd+c also migbe be one or nwre changes of
the Loan Servioa wucjated m a sale of the Nott. if dare is a change of tats Loan Setviter, Botrowa wt7l be
given writttll notice of the change which will staff the name-and address of the new Loan Servtcer, tiff
address to which payrttents should be made and any other informatioat IiESPA requires in connection with a
Roticc of transfer of servicing.lf the Noce is sold and thereafter the [.oan is serviced by a Loan Setviar other
tlwn the purchaser of the -Note, the mortgage loan servicmg obligations to Borrower will rrrttairt with the
Loan Scrvicet or be transfi7red to a successor Loan Savior and are not assumed by dte Note purchaser
unless otherwise provided by the Note purchaser.
Neither Borrower nor i.atder may cotntnertee, join. or be jonoed to any judicial action (as either sit
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument e>t tha[ alleges that the odor party has breached aRy prevision of, or arty duty owCd by reason of,
this Secariry lnstrtrrttettt, tusttl retch Borrower or Lextdex has notifted the other party (with such notice: given itt
compliance with the requirements of Sextion 15) of such alleged breach and afforded the other party herew a
rt;asottabk period afte! the gluing of such notice w take corrective: action. If Applicable Law provides a time
period which must elapse before Certain action can be taken, that time period will be dexrncd to be reasonable
foJ purperscs of this paragraph. The notice of aexelea:a6ott and opportttttiry oo Cam given to Borrower pursuant
m Section 22 and the notice of aeexletati0n given to Borrower purxumt[ b Sextion 18 shall be deemed to
satisfy the notice and opportunity to take oorrecdve action provisions of this Suction 20.
21. Hazardous Sobstatteett. As used in this Section 21: (e) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, polintants, or .vaster by Environmental Law and tl~t
following substances: gasoline; kerosene, other flammable of wtdc pctrolenm products. toxic pesticides and
herbicides. volatile aelvcnL~, maruials Containing asbestos or formakkhyde. and tatlioacdve tnatczials; (b)
"Fnvironmenta! Law" means feelexal laws and laws of the jurisdiction wllcte the Property is bested that relal,c
W heatrh, safety or envvattmtxtd protection: (e) "l3ttvironrnettt~l Cleanup" indueles any response action,
remedies! action, or removal auiext, as defaud in Ertvirottmental Law; and (d) an "Environmental Coaditieut"
means a oonditinn that can cause, Contribuu to, or otherwise trigger an Envitettrrtexttal Ck~rtetp.
130rrowa Shat! Rot causes e>r permit the prescrtcC, usq Qisposal, . or release of any I-tarardous
Substsrters, or threa[at to release any Ha>$rdous Substances, on eu in the Ptepaty. Borrower shall not do,
nor spew anyone else m elo, anything affecting the Property (a) that is in violation of any Envitotunenbl
Law, (b) which creates an Environmental Condition, or (c) which. tine to dte presence, use, or reJcase of a
Hazardous Subatanex, creates a exstsdidon that adversely affats the value of the Property. The preccdntg too
sextteatoes shaA not apply to the prescnu, use, ar storage cut the Property of small quantities of Ha~rdous
Substances that arc generally reseognized to be appropriate to normal residtuttial uses and m tttaintenanec of
the Property (including. but not limited to, hazardous substances in eonsutner products).
Borrows shall promptly give; Larder written notice of (a) any investigation, rJaim, demand, lawsuit or
either anion by any goveYntnmtai or regulatory agenry or private party involving the Propeaty and airy
Hazardous Substance or Envirorurtentai IBty of which Borrewcr has actual knowledge, (b) ai-y
Environmental Condition, inelttding but not limited to, any spilling, leaking, discharge, release eu threat of
release of any Hazardous Snbstatsoe, and {c) any. condition caused by the prt~crtce, use or release of a
Hazardous Subsaanee which advex5ely affects the valtae of the Property. If BomOwer lcartts, or is notified
by any govemmeatml or trgulamry authority. ex any private parry. that any ranowsl or other remeadiation
of any Hazardous Substance affecting the Property is necessary. BorrOacr shall promptly rake all rtaessaty
remesdial actions in accordance with Environmattal Law. Nothing herein shall create any obligation on
Lender feu an Environmental Ckxttap.
~' ~ Mhl~h;~~^
-6(IAj taost Psp. tpot e6 Forest 3016 1101
12/07%2405 10:19 F1-f( FIRST CONNECT f~022/075
NON-UNIFORM COVFNANfS. Borrow snd Lends feather covenant and ogres as foAowr-
t2. Acceleration; Remedies. Leader aha0 give notice to Borrower prior to socelerstion following
Borrower's breach of sny covenant or agreanent in this Security InstrntneM (but trot prior to
aepeteration ands Section 18 unless Appl'icabk Law provides otherwise). The notice shag specify: (a)
the default; (b) tbt action required to slue the defaWt; (c) a date, not less than 30 days hum the date
the notice is given to Borrower, by mhith the default ptust be cared; and (d) that failure to cure the
defanit on or before the date specified in the notice may result in attxleration of the sums secured Dy
this Seatrity Instrument, foreclosure by judrcial proceedm= and sak of the Property. The notice shall
further inform Borrowu of the right to reinstate ~8er aecelerstioo and We right to assert in the
foreclosure proceeding the non-aciStcnce o! a default or say other dettnse of Borrow~cr to e~celeratioo
and foreclosure. If the dtfaWt is aot cured on or before the date specified in 16e notice, Leader at its
option racy require immediate payment ~ full of alt sums secured by this Security Instrument vrithodt
further demand and may foreclose tIIis Security Instrument by judicial proceeding. Lender shall be
eatitkd to collect alt expense iacumd in pursuing the remMies provided in this Section lZ, mduding,
but not limited to, reasonable attorneys' fees and costs of title evidence.
23. Release. Upoon payment of all sores secured by this Security Insuuateftt. Lender sha0 release this
Soaaity lttswtttent. Latdrx may charge BorrOwfr a fee for releasing this Sectaitjr Instrument, but only if leis
fee is paid to a third party for services rendered and the charging of the fcc is permitted under Applicable
Law.
?A. Waivers. )3otrower r'elittgttishes all right of dower and waives all tight of homestead and disrribuave
share in and to the Ptbpcrty. Sttrrower vraivq any right of euemption as t0 the Property.
25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THA'I' HOMESTEAD
PROPERTY IS IlV MANY CASES PROTECTED FROM THE CLADNS OE CRFDTTOR$ AND
EXEMP'P FROM JUDICjAL SALE; AND THAT IiY SIGNING TIiILS MORTGAGE, ~I
VOLUNTARII.Y GIVB UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED
PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTCAGB.
B~wcr J W$LTBR Dau
Borrower Dau
BCRGwtr
Dau
Borrower
Due
BOf10wt7 Data
$otrowa Date
Borrmva Date
Borrower Date
-6(IA) to~o5t P+a• »a» Form 3018 t/07
12/07%2005 10:19 FAX FIRST CONNECT i~023/075
26. Redemptaon Period. if the Ptoparty is kss than 10 saes in size and Lender waives in any
faroctosure proceeding any right to a dcf,ciUtty jadgmrnt against Borrows. the period of redempdon lYotfa
}udirial sob shall bn reduced to 6 tttonths. If the roust ftttds that dte Ptopetry has been abandoned by
Borrower end Lwder waivts any right to a deficiency judgma~t against Borrower the period of redemption
from judicial sale shall be redn00d to 60 days. The provisions of this Section 26 shall bt: tanstn,ed to confotttt
ro the provisions of Soctiorts 62826 and tS26Z7 of t1-c Code of Iowa.
nV1PORTANT: READ BEFORE SIGNQ~JG. THE TERMS OF THIS AGREEMENT SHOULD BE
READ CAREFULLY BF,CAUSS ONLY THOSE TERMS IN wRl'['1NG ARE ENFORCEABLE. NU
OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRI1"TEJY CONTRACT
MAY BS LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OP THIS AGREEMENT'
ONLY BY ANOTHER WRTITEN AGREEMENT.
BY SIGNIIdG BELOW. Borrower aoccptc and agroes m tha terms and covenants contained in this
Sertuiry lnsmtrACQt and in any Rider executad by Borrower and recorded with it
Witnesses:
NSLTIiR ~(~~
J ~-~r. ~S /~ . % /1~ h NC(~ ~~~~ -Borrovcr
(Seal)
•8or:ou.a
_ (Seal)
-Borrovcr
_ ($cel)
•Borro.u
(~'J
-Borro+~er
-6(IA) roost
(Seal)
-8orrovcr
($~
-8omover
Papo Hof IS
. (SWl)
•Bocm~rer
Form301e ~/pl
' 12/07/2005 10:19 FAX FIRST CONNECT
~• ~ .
024/075
STATE OF IOWAI ~~,~~, uE, County ss:
On dlis ~-~-h day of ~e c erv~ b e.,r , a~ W ~ .before rne. a Notary Public
in the Swe of Ioa-a, persollaUy appeared
R3F J WSL'YSA ~~ J
to me personally lanoam W be the petson(~ 1151T1ed In and who gICCIIDOd Iht foregoing irt5trmt-alt. and
a~pwlcdged that hehheltilley ueculed the same as hiylserh)seir vohlntary act and deed.
. , i.'~ . My Commission Expires: q ((s10~
S•.. ..
` Nauy t to and or said CoumY and Sate
J ~. ~ N ~ _.v~-
. ~; ` `rfij ~ "; ,.r~```c~
r, ~
Inklab:~- 1~~
-611A) laos~ pao. Asa is
Form sops voi
,.
EXHIBIT A
Lot 2 of Lot 1 of Lot 2 of "Young-Primrose Place", in the City of Dubuque, Iowa,
according to the recorded plat thereof
r ~
AFFIDAVIT
STATE OF IOWA )
SS
COUNTY OF POLK )
I, Benjamin W. Hopkins, being first duly sworn on 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 true copies of 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 erily believe.
Be i s 0003573
Subscribed and sworn to before me this 1 h day of March ,
2008 .
Notary Public in and for the
State of Iowa
i . r_ x __ .. --. _ . ,
ti.~
Exhibit "C"