Claim by Dubuque Bank and Trust_Richard MajerusIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
DUBUQUE BANK & TRUST COMPANY
FED ID#42-0223620
Plaintiff,
vs.
RICHARD W. MAJERUS, JILL M. MAJERUS,
DUPACO COMMUNITY CREDIT UNION, and
CITY OF DUBUQUE
Defendants.
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT:
01311 ~~/ i? °1~1 ~ 's l~
rh
You are notified that a petition has been filed on the ~ -day of
M ~ , 2008, in the Office of the Clerk of this Court, naming you as the
Defendan in this action. A copy of the. petition (and any documents filed with it) is
attached to this notice. The attorney for the Plaintiff is David L. Clemens, Clemens,
Walters, Conlon & Meyer, L.L.P., whose address is 2080 Southpark Court, Dubuque, IA
52003. That attorney's phone number is 563-582-2926; facsimile number is 563-582-
2998.
You must serve a motion or answer within 20 days after service of .this
Original Notice upon you, and, within a reasonable time thereafter, file your motion or
answer, with the Clerk of Court for Dubuque County, at the County Courthouse in
Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the
relief demanded in the Petition.
If you require the assistance of auxiliary aids or services to participate in
court because of a disability, immediately call your ADA coordinator at (563) 589-4448.
(If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
(SEAL)
~~_
CLERK OF COURT
Dubuque County Courthouse
Dubuque, IA 52001
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INTERESTS.
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE
DUBUQUE BANK & TRUST COMPANY )
FED ID#42-0223620 )
Plaintiff, )
vs. )
RICHARD W. MAJERUS, JILL M. MAJERUS, )
DUPACO COMMUNITY CREDIT UNION, and )
CITY OF DUBUQUE )
Defendants. )
1
COUNTY
01311 EC~~-VO`~i l 3~~ tv ":
PETITION FOR FORECLOSURE OF
REAL ESTATE MORTGAGE
COMES NOW Plaintiff, Dubuque Bank & Trust Company, and states:
(1) This is a mortgage foreclosure action under Chapter 654 of the Iowa Code.
The mortgaged property is not used for an agricultural purpose as defined in Section
535.13. Pursuant to Section 654.20 of the Iowa Code, Plaintiff elects foreclosure
without redemption.
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT
REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED
PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT
UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO
DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE
WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF
THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT)
FRORJI ENTRY JF JUDGMEN'" IF THE 1;iOR~: ;;AGED PROPERTY iS
YOUR RESIDENCE AND IS AONE-FAMILY OR TWO-FAMILY
DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT
IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS
YOUR RESIDENCE BUT NOT HONE-FAMILY OR TWO-FAMILY
DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER
THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO
IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY, YOU
MAY PURCHASE AT THE SALE.
IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE
AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS
A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY
JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE
A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY
JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS
FROM THE SALE OF THE MORTGAGED PROPERTY ARE
INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT
AND COSTS.
IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS
NOT AONE-FAMILY OR TWO-FAMILY DWELLING, THEN A
DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU
WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE
SALE.
(2) Plaintiff is an Iowa Banking Corporationimutual deposit institution with its
principal place of business in Dubuque, Iowa.
(3) Defendant Richard W. Majerus is a resident of Dubuque County, Iowa.
herein.
(4) All other Defendants may have an interest in the real estate described
(5) On March 22, 2003 Defendant Richard W. Majerus made, executed and
delivered to Plaintiff, Dubuque Bank & Trust Company, one certain Promissory Note in
the principal sum of $102,750.00, a copy of which Promissory Note is attached hereto
as Exhibit "A" and by this reference made a part hereof.
(6) At the time of the execution and delivery of said Promissory Note of
March 22, 2003, Defendant Richard W. Majerus and Jill M. Majerus, executed and
delivered to Plaintiff, Dubuque Bank & Trust Company, a Real Estate Mortgage, duly
acknowledged, to secure the payment of the Promissory Note and covering the
following described premises situated in Dubuque County, Iowa:
Lot 15 in Block 5 in Sunset Park Subdivision No. 2 in the City of Dubuque,
Iowa, according to the rec~ordec! plat thereof
which Real Estate Mortgage was filed for record on April 1, 2003 with the Dubuque
County Recorder as Instrument No. 7692-03, copy of said Mortgage is attached hereto
as Exhibit "B" and by this reference made a part hereof.
(7) Defendants Richard W. Majerus and Jill M. Majerus, have failed to make the
required payments due under the terms of the Promissory Note and Real Estate
Mortgage of March 22, 2003 and, consequently, said Defendants Richard W. Majerus
and Jill M. Majerus are in default under the terms of said Promissory Note; the required
monthly payments of $721.39 have not been made for more than six months; pursuant
to the terms of the Promissory Note and Real Estate Mortgage, Plaintiff, Dubuque Bank
& Trust Company, has elected and does hereby elect to declare the entire
indebtedness secured by the Real Estate Mortgage to be immediately due and payable;
the total amount due and owing on said indebtedness by Defendants Richard W.
Majerus and Jill M. Majerus as of April 5, 2008 is as follows:
Principal $88,077.70
Interest to 4/5/08 $ 1,762.77 (Per Diem: $13.88)
Escrow Shortage $ 301.15
Late Fees $ 108.21
Total $90,249.83
In addition, interest on said indebtedness is accruing at the rate of 5.75% per
annum from and after April 5, 2008.
(8) On Marci7 8, 2008 Plaintiff sent Defendant kichard W. Majerus and Jill M.
Majerus, a Notice of Right to Cure Default, which is attached hereto marked Exhibit
"C-1 and C-2". Said Defendant Richard W. Majerus and Jill M. Majerus have refused
and failed to cure their default.
(9) The Promissory Note and Real Estate Mortgage provide for the collection of
reasonable attorney fees from mortgagor Richard W. Majerus and Jill M. Majerus in the
event of suit for the collection of said note; pursuant to the provisions of Section 625.22
of the Code of Iowa, the Court should allow, and tax as part of the costs, reasonable
attorney's fees to be determined by the Court; the required Affidavit of said attorneys
under Section 625.24 is attached hereto as Exhibit "D" and by this reference made a
part hereof.
(10) Plaintiff, Dubuque Bank & Trust Company, is the owner and holder of the
Promissory Note and Real Estate Mortgage which are attached hereto as Exhibits "A"
and "B", and no proceeding, action or suit has previously been commenced thereon.
(11) The mortgaged real estate which is the subject of this foreclosure is not
commercial property, is not agricultural in nature, but is the residence or homestead of
the mortgagors Richard W. Majerus and Jill M. Majerus. As referred to in paragraph (1)
herein, Plaintiff has elected to proceed with this forecl~asure wi,hout reder--iption and,
accordingly, sale of the mortgaged property will occur promptly after entry of judgment
unless Defendants Richard W. Majerus and Jill M. Majerus, file with the Court a written
demand to delay the sale. If a written demand is filed, the sale shall be held promptly
after the expiration of six months from entry of judgment pursuant to Section 654.21 of
the Iowa Code, and there will be no right of redemption following sale. Plaintiff waives
its right to a deficiency judgment against Defendants Richard W. Majerus and Jill M.
Majerus.
(12) Plaintiff waives all right to deficiency judgment against the Mortgagors
Richard W. Majerus and Jill M. Majerus which may arise out of these foreclosure
proceedings in accordance with the provisions of said mortgage.
(13) Defendant Dupaco Community Credit Union may claim an interest in said
property as a result of the following:
A. A Mortgage dated October 12, 2004, filed October 14, 2004 as
Instrument No. 2004-18149 of the records of Dubuque County, Iowa. Said claim would
be junior and inferior to that of the Plaintiff.
B. A Small Claim Original Notice filed March 10, 2008 in the Iowa District
Court in and for Dubuque County as SCSC061894 against Richard William Majerus for
demands in the sum of $5,149.52 at 15.25% interest and Court Costs in this matter.
Said Small Claims is pending. Should a Judgment be rendered prior to the entry of a
Judgment and Decree of Foreclosure, it would be junior and inferior to that of the
Plaintiff.
(14) Defendant City of Dubuque may claim an interest in said property as a
result of a Judgment entered on March 27, 2008 which was filed in the Iowa District
Court in and for Dubuque County as Case 01311 DUSTA0002820 against Jill Marie
Majerus in the amount of $119.30. Said claim would be junior and inferior to that of the
Plaintiff.
(15) Defendant Jill M. Majerus was ordered to pay court costs in
DACV096977. Further, there was a Judgment to pay Richard Majerus's attorney fees.
Both would be junior and inferior to that claim of the Plaintiff.
(16) To the information and belief of Plaintiff, none of the Defendants named
herein are members of the Armed Services of the United States of America, and none
of said Defendants are under any legal disability.
WHEREFORE, Plaintiff, Dubuque Bank & Trust Company, prays for
judgment in rem against the above described real estate set forth in paragraph 6 above
for the sum of $88,077.70, same being the amount of unpaid principal; interest in the
amount of $1,762.77 as of April 5, 2008; escrow shortage in the amount of $301.15;
plus late charges in the amount of $108.21; plus interest at the rate of 5.75% per
annum on the principal sum of $88,077.70 from April 5, 2008, plus reasonable
attorney's fees as determined by the Court, and for such other additional costs as may
be incurred by Plaintiff.
Plaintiff further demands and prays for judgment and decree establishing
Plaintiffs real estate mortgage upon the following described real estate, to-wit:
Lot 15 in Block 5 in Sunset Park Subdivision No. 2 in the City of Dubuque,
Iowa, according to the recorded plat thereof
as a first and superior lien upon the above described real estate and foreclosing said
real estate mortgage for the full amount of the aforesaid judgment, interest, attorney's
fees and costs. Plaintiff further prays that its mortgage lien be established as of April 1,
2003, the date of the recording of said mortgage, and that the lien, claim, right, title or
interest upon the mortgaged premises of each and all of the Defendants in this action
be adjudged and decreed to be junior, inferior and subject to Plaintiffs first mortgage
lien and that Plaintiffs first mortgage lien be adjudged and decreed to be prior, superior
and paramount as against each and all of the Defendants herein, and as against any
and all persons claiming by, through or under any of said Defendants with respect to
the real estate which is the subject matter of this action; that Plaintiffs first mortgage be
foreclosed and that the sale of the real estate be held promptly after the entry of
judgment unless Defendants Richard W. Majerus and Jill M. Majerus, files a demand
for delay of sale, in which event said sale shall be held promptly after the expiration of
six months from entry of judgment; that pursuant to the provisions of Section 654.20
through Section 654.23 of the Iowa Code, there be no redemption rights following sale,
and the purchaser at sale be entitled to an immediate deed and immediate possession
of the real estate; and, if necessary, a writ of possession then issue forthwith to the
Sheriff of Dubuque County, Iowa, au±horizing, directing and empowering said sheriff to
remove any and all persons from said real estate and put the purchaser at sale under
this foreclosure in possession thereof.
Plaintiff, Dubuque Bank & Trust Company, further prays that in the event it
shall pay any taxes or special assessments which are or may become a lien against the
real estate, or advance any other sums as protective disbursements secured by said
real estate mortgage, including, without limitation, insurance, abstracting fees of
$150..00 and other expenses as provided for in said mortgage, that Plaintiff be given an
additional lien against the real estate for the amount so advanced.
Plaintiff asks for such other and further relief as may be just and equitable
in the premises.
DUBUQUE B & TRUST COMPANY,
7
By:
David L. Clemens-#000000880
Of
Clemens, Walters, Conlon & Meyer, L.L.P.
2080 Southpark Court
Dubuque, IA 5?C03
Tel: (583)582-2926
Fax: (563)582-2998
STATE OF IOWA )
ss.
DUBUQUE COUNTY )
I, Shari E. Bartels, being first duly sworn on oath, depose and state that I
am Vice President of Dubuque Bank & Trust Company, Plaintiff in the above entitled
action; that I have read the foregoing Petition for Foreclosure of Real Estate Mortgage,
know the contents thereof, and the statements contained therein are true and correct as
I verily believe.
.i _cv C. ~.G :l n Y_ .~ /
Shari E. Bartels
Subscribed and sworn to before me this a~~~ day of
~Pt'~~ , 20 n~.
~~
~~ ~• ESA Nota Public
~ ~ ~ ry
/ • •
~'~ %' NOTE
March 22, 2003 DUBUQUE Iowa
[Date] (Gty] [state[
2227 SUZANNE DR,DUBUQUE.IA 52002
(Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I prorritse to pay U S $ 102 , 750 00 (this amount is called "Principal"),
plus interest, to the order of the Lender The Lender is DUBUQUE BANK AND TRUST COMPANY , IOWA STATE
CHARTERED BANK
I will make all payments under thts Note to the form of cash, check or money order
I understand that the Lender may transfer this Note The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder "
2. INTEREST
Interest will be charged on unpaid principal unto the full amount of Prtnctpal has been paid I will pay interest at a yearly
rate of 5 7500 %
The Interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6{B)
of this Note
3. PAYMENTS
{A) 'f ime and Place of Payments
I will pay principal and interest by making a payment every month
I well make my monthly payment on the 1St day of each month beginning on May 1 , 2003 I wilt
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Prtnctpal If, on Apra 1 1 . 2023 , I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date "
I will make my monthly payments at 1398 CENTRAL AVE , DUBUQUE , IA 52001 ,
or at a drfferent place if required by the Note Holder
(B) Amount of Monthly Payments
My monthly payment will be to the amount of U S $ 721 39
4 BORROWER'S RIGHT TO PREPAY
t have the right to make payments of Principal at any time before they are due A payment of Principal only is known as a
"Prepayment " When I make a Prepayment, I will tell the Note Holder rn writing that i am doing so I may not designate a
payment as a Prepayment tf I have not made all the monthly payments due under the Note
i may make a full Prepayment or partial Prepayments without paying a Prepayment chazge The Note Holder will use my
Prepayments to reduce the amount of Prtnctpal that I owe under this Note However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note If 1 make a partial Prepayment, there will be no changes in the due date or to the amount of my
monthly payment unless the Note Holder agrees in writing to those changes
MAJERUS.RICHARD
1766774090
MULTISTATE FlXED RATE NOTE-SInB[o Famlty-Fannie MaelFreddle Mac UNIFORM INSTRUMENT
-5N loooel Mw asroo Form 3200 1107
® vMP MOgTG/~GE FOgMS - 18001621 7291
Page 1 al ~ Imuals
• •
5. • LOAN CHARGES
If a law, which applies to this [oan and which sets maximum loan charges, Is finally Interpreted so that the Interest or other
loan charges collected or to be collected in connection with this loan exceed the perlriitted ltrtiits, then (a) any such loan charge
shall be reduced by the amount necessary to reduce the chazge to the pernutted litritt, and (b) any sums already collected from
me which exceeded permuted lirriits will be refunded to me The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me If a refund reduces Principal, the reduction will be treated
as a partial Prepayment
G. BORROWER'S FAILURE 7'O PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder The amount of the charge will be 5 0000 % of
my overdue payment of principal and Interest [will pay this late charge promptly but only once on each late payment
(I3) llefault
[f I do not pay the full amount of each monthly payment on the date it is due, I writ be in default
(C} Notice of Default
If I am to default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount That date must be at Ieast 30 days after the date on which the notice Is marled to me or
delivered by other means
(D) No Waiver By Note Holder
Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately In full as described
above, the Note Holder will still have the right to do so if I am in default at a later time
(E) Payment of Note Aolder's Costs and Expenses
If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to
be paid back by me for all of Its costs and expenses in enforcing this Note to the extent not prohibited by applicable law Those
expenses include, for example, reasonable attorneys' fees
7. GIVING OF NOTICES
Unless app]icable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address tf 1 give the Note
Holder a notice of my different address
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class marl to the Note Holder at the address stated m Section 3(A) above or at a different address if 1 am given a notice of that
different address
8. OBLIGATIONS OF PERSONS UNDER TIiIS NOTE
if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made In
this Note, Including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things Any person who takes over these obligations, Including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made m this Note. The Note Holder may enforce Its rights
under this Note against each person individually or against alt of us together This means that any one of us may be regwred to
pay all of the amounts owed under this Note
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor
"Presentment" means the right to require the Note Holder to demand payment of amounts due "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid
MAJERUS.RICHARD 1766774090
Form 3200 1101
•5N 100051 Pape 2 of 3
® ImUals
• •
IOr~UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations m some~urisdichons In addition to the protections given to the
Note Holder under thts Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which aught result if I do not keep the prorruses which I make in this
Note That Security Instrument describes how and under what conditions I may be required to make imrnedtate payment in full
of ail amounts 1 owe under this Note Some of those condtttons are described as follows
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneFctal interest in Borrower is sold or transferred} without Lender's prior written
consent, Lender may require immediate payment m full of all sums secured by this Security Instrument
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law
if Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument If Borrower falls to pay these
sums prior to the expiration of this period, Lender may Invoke any remedies pernutted by this Security
Instrument without further notice or demand on Borrower
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
~ ~,
~--~
/ ~v c~ / (/v, ~ "".-~~/ Seal
( ) (Seal)
ICHARD W MAJERUS -Borrower -Harrower
_- (Seal) (Seal }
-Borrower -Borrower
_ (Seal)
-Harrower
_ (Seal )
-BarraWer
Pay to tits ~~ dcr of
without recouree
Dubuyuc Bank & Trt sl Bank
By ~'J nc Stci• , ~ \'„ --P^s. cat
- (Seal} (Seal)
-Borrower -Borrower
jStgn Onguttl! On1YJ
MAJERUS.RICHARD
1766774090
-tiN iooost Page 3 of 3 Form 3240 1/01
m
~ ~
x~~~
'7692-03
2003 APR - I PM 2~ 55
Prepared Sy
CNRIS J SCHNEIDER
DUBUQUE BANK AND TRUST COMPANY
1398 CENTRAL AVE, DUBUQUE, IA 52001
(563) 584-2567
Return To
DUBUQUE BANK AND TRUST COMPANY
1398 CENTRAL AVE, DUBUQUE, IA 52001
(Space Above Ttvs Llne For Recorfiing Data]
MORTGAGE
DEFINITIONS
KATHY Fl,YNN THURLOW
OUBUUUE CO EIaWA FEES
~1G DD
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, I3, 18, 20 and 21 Certain rules regarding the usage of words used to this document are
also provided in Section 16
(A) "Security Instrument" means this document, which is dated March 22 , 2003 ,
together with all Riders to this document
(B) "Borrower" is RICHARD W MAJERUS and JILL M MAJERUS, husband and wife
Borrower is the mortgagor under this Security Instrument
MAJERUS.RICHARD 1766774090 O
IOWA-Single Family-Fannie MaelFreddie Mac UNIFDRM INSTRUMENT Form 3016 1101
~® 6(IA) looosl r.
PsOe t of 16 MW 05/00 Inrtuu - ~ ~ ~~ h~ ~ij
VMP MORTGAGE FORMS 18001521 7291
• ~ ..~ •
~. ~ ;~
y,'• ~ {Cj-"Lerid'ec" Is DUBUQUE BANK AND TRUST CQMPANY
L~rid~rSis~~IOW/~ S~~TE~CHARTERED BANK
organized and existing under the laws of THE STATE OF IOWA
Lendgr~sja'cidrg~s•js,y~~~8 CENTRAL AVE. DUBUQUE, IA 52001
Z333A1YOt..C3 ;,;:LUEr+I+G
[.ender is the mortgagee under this Security Instrument
(D) "Note" means the promissory note signed by Borrower and dated March 22. 2003
The Note state:. that Borrower owes Lender OnE Hundred TWO Thousand Seven Hundred
Fifty and no/100 Dollars
(U S $102.750 00 )plus interest Borrower has promised to pay this debt in regular Penodic
Payments and to pay the debt in full not later than Apri 1 1, 2023
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property "
(I~ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest
(C) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following
Riders are to be executed by Borrower (check box as applicable]
Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider
0 Balloon Rider Q Planned Unit Development Rider ~ 1-4 Farruly Rider
VA Rider ~ Biweekly Payment Rider Q Other(s) [specify)
(H) "Applicable Law" means all controlling appltcable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all appltcable final,
non-appealable judicial opinions
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that aze imposed on Borrower or the Property by a condominium association, homeowners
association or :,imtlar organization
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terrrunal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial mstitutwn to debit
or credit an account Such term Includes, but is not limited to, point-of--sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers
(K) "Escrow Items" means [hose uems that are descnbed m Section 3
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages descnbed in Section 5) for (i)
damage to, or desttvction of, the Property, (ii) condemnation or other taking of all or any pari of the
Property, (iii) conveyance in lieu of condemnation, or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan
(N) "Periodic Payment" means the regularly scheduled amount due for (t) principal and interest under the
Note, plus (u) any amounts under Section 3 of this Security instrument
MAJERUS.RICHARD 1766774090
i~~~~e~.
® -6tIA) tooo~~l Pape 2 of 18 Form 3016 1101
m
• •
(O} "RESPA" means the Real Estate Se[tlement Procedures Act (12 U S C Seaton 2601 et seq }and its
implementing regulation, Regulation X (24 C F R Pan 3500), as they might be amended from time to
time, or any additional or successor legislation or regulatton that governs the same subject matter As used
in this Security Instrument, "RESPA" refers to all regwrements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken [tile to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security instrument
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note For this purpose, Borrower irrevocably mortgages, grants and
conveys to Lender, with power of sale, the following described property located in the
COUNTY of DUBUQUE
(Type or Recording Junsdicuortl (Name of Recording Jurisdiction]
LOT 15 IN BLOCK 5 IN SUNSET PARK SUBDIVISION NO 2 IN THE CITY OF
DUBUQUE. IOWA, ACCORDING TO THE RECORDED PLAT THEREOF
Parcel ID Number 10 21 205 044 which currently has the address of
2227 SUZANNE DR (Sweet]
DUBUQUE (Ciiy], Iowa 52002 [zip[:ode]
( Property Address")
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to to this
Security Instrument as the "Property "
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record Borrower warrants and wilt defend generally the title to the Property against all claims and
demands, subject [o any encumbrances of record
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by lunsdrehon to constitute a uniform security instrument covering reaE
property
MAJERUS.RICNARD 1766774090 ~
irourls
®-6lIA) i0oo5i Papa 3 of 1 5 Form 3016 1101
• •
UNIFORM COVENANTS Borrower and Lender covenant and agree as follows
1 Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Lale Charges.
Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items
pursuant to Section 3 Payments due under the Note and this Security Instrument shall be made in U S
currency However, if any check or other instrument received by Lender as payment under the Note or this
Security [nstrurnent is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an tnstituuon whose deposits are insured by a
federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer
Payments are deemed received by Lender when received at the location designated in the Note or at
such other Location as may be designated by Lender in accordance with the notice provisions in Section 15
Lender may return any payment or paztial payment tf the payment or partial payments are insufficient to
bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted if each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Secunty
Instrument
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accelted and applied by Lender shall be applied in the fotlowing order of priority (a) interest
due under the Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments
shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security instrument, and
then to reduce the principal balance of the Note
if Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for (a) taxes and assessments and other items which can attain priority over this Security instrument as a
lien or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any, (c)
premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10 These items are called "Escrow
Items " At origination or at any time during the term of the Loan, Lender may require that Community
MAJERUS.RICHARD 1766774090
~"n~,i.
-6tIA) (00051 Page 4 0/ 16 FOrm 316 1/O1
O
Association Dues, Fees, and Assessments, if any„ be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item Borrower shall promptly famish to Lender all notices of amounts to
be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items Lender may waive Borrower's
obltgatton to pay to Lender Funds for any or al! Escrow Items at any time Any such waiver may only be
in wrtttng In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require
Borrower's obltgatton to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used m Section 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its nghts under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given to
accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that arc then required under this Section 3
Lender may, at any time, collect and hold Funds in an amount {a) sufficient to pemut Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise m accordance with Applicable
Law
The Funds shall be held in an institution whose deposits are insured by a federal agency,
mstrumentaluy, or entity (including Lender, if Lender is an instnuuon whose deposits are so insured) or in
any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA Lender shall nat charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a chazge Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds Borrower and Lender can agree in wrtttng, however, that interest
shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA
if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency to accordance with RESPA, but in no more than 12 monthly payments
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attr-butable to the Properly which can attain pnonty over this Security Instrument, leasehold payments or
ground rents on the Properly, tf any, and Community Association Dues, Fees, and Assessments, if any To
the extent that these rtems are Escrow Items, Borrower shall pay them m the manner provided in Section 3
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower (a) agrees in writing to the payment of the obligation secured by the ]ten in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith
MAJERUS,RICHARD 176b774040
IM(19I5
-ti(IAl Iooosi Pape 5 of is Form 3016 1/01
• •
by, or defends against enforcement of the lien in, legal proceedings which to Lender's opinion operate to
prevent the enforcement of the /ten while those proceedings are pending, but only until such proceedings
are concluded, or (c) secures from [he holder of the /ten an agreement satisfactory to Lender subordtnattng
the /ten to this Security Instrument If Lender determines that any part of the Property is subject to a lien
which can attain prtortty over this Security Instrument, Lender may give Borrower a notice identifying the
/ten Within 10 days of the date on which that nottce is given, Borrower shall satisfy the /ten or take one or
more of the actrons set forth above in this Section 4
Lender m.Iy require Borrower to pay aone-time charge for a real estate tax vertficatron and/or
reporting service used by Lender in connection with this Loan
5. Properly Insurance. Borrower shall keep the improvements now extsttng or hereafter erected on
the Property insured agatnst loss by fire, hazards included wrthin the term "extended coverage," and any
other hazards including, but not Itmtted to, earthquakes and floods, for which Lender requtres tnsurance
This tnsurance shall be matntatned to the amounts (tnciudtng deductible levels) and for the periods that
Lender requtres What Lender requtres pursuant to the preceding sentences can change during the term of
the Loan The tnsurance canter providing the tnsurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shalt not be exercised unreasonably Lender may
requtre Borrower to pay, in connection with thts'Loan, either (a) a one-time charge for flood zone
determination, certification and tracking sernces, or (b) a one-time charge for flood zone determmatton
and certificattoti services and subsequent charges each time remappings or stiriilar changes occur which
reasonably might affect such deteiTriinatton or certificatron Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower _
If Borrower facts to maintain any of the coverages described above, Lender may obtain tnsurance
coverage, at Lender's option and Borrower's expense Lender is under no obltgatton to purchase any
particular type or amount of coverage Therefore, such coverage shall cover Lender, but might or irught ~
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, agatnst any risk,
hazard or liability and aught provide greater or lesser coverage than was previously in effect Borrower
acknowledges that the cost of the tnsurance coverage so obtained might significantly exceed the cost of
insurance that I3orrower could have obtained Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest
at the Note rate from the date of disbursement and shalt be payable, with such interest, upon nottce from
Lender to Borrower requesting payment
All tnsurance polrctes required by Lender and renewals of such policies shall be subject to Lender's
right to dtsapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee Lender shall have the right to hold the pollctes and renewal
certificates If Lender requtres, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices If Borrower obtains any form of tnsurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall Include a standard mortgage clause and
shall name Lender as mortgagee and/or as an addtttonal loss payee
In the event of loss, Borrower shall give prompt notice to the tnsurance carrier and Lender Lender
may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree
in writing, any tnsurance proceeds, whether or not the underlying tnsurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair rs economically feasible and
Lender's security is not lessened During such repair and restoration period, Lender shall have the right to
hold such Insurance proceeds until Lender has had an opportunity to -nspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly Lender may disburse proceeds for the repairs and restoration In a single payment or to a series
of progress payments as the work is completed Unless an agreement is made in wrrting or Applicable Law
MAJERUS,RI(:HARD 1766774090
Innuls
-6(IA) iooo5) Pege 8 of t 5 Form 3016 1101
m
requires interest to be paid on such insurance proceeds, Lender. shall not be required to pay Borrower any
interest or earnings on such proceeds Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower [f
the restoration or repair is not economically feasible or Lender's security would be lessened, the tnsurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, tf any, paid to Borrower Such tnsurance proceeds shall be applied in the order provided for in
Section 2
If Borrower abandons the Property, Lender tnay file, negotiate and settle any available tnsurance
claim and related matters If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day
period will begin when the notice is given 1n either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Properly Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due
G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless,Lender
otherwise agrees to writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it is
deterrivned pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage If tnsurance or
condemnation proceeds aze paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes Lender may disburse proceeds for the repairs and restoration to a single payment or in a series of
progress payments as the work is completed If [he tnsurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration
Lender or its agent may make reasonable entries upon and inspections of the Property If it has
reasonable cause, Lender iriay inspect the interior of the improvements on the Property Lender shall give
Borrower notice at the time of or prior to such an interior inspection spectfying such reasonable cause
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statetnents to Lender
(or failed to provide Lender with material information) in connection with the Loan Material
representations include, but are not liitiited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Secunty Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest to the Property and/or rights under
this Security Instiument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
MAJERUS,RICHARO 176b774090
Irvuels
-611A l loaosi aa¢e ~ of ~ 5 Form 3016 1101
~ ~
regulations), of (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property Lender's actions can include, but are not lirruted to (a) paying any sums secured by a lien
which has priority over this Security Instrument, (b) appearing m court, and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, dram water
from pipes, elinunate building or other code violations or dangerous conditions, and have utilities turned
on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obLgation to do so It is agreed that Lender incurs no habtliiy for not taking any or all
actions author:;ed under this Section 9
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument These amounts shall bear tnterest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease If Borrower acquires fee title to the Property, the Leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason;
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to ohtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be to effect Lender will accept, use and retain these `
payments as anon-refundable loss reserve in lieu of Mortgage Insurance Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve Lender can no longer require loss _
reserve payments tf Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage insurance if Lender required Mortgage -
Insurance as a condition of making the Loan and Borrower was required to make separately designated - '
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to `^
maintain Mortgage Insurance to effect, or to provide anon-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law Nothing m this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage
Insurance
Mortgage insurers evaluate their total risk on all such insurance m force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreemeits These agreements may require the moRgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums)
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any retnsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses if such agreement
NIAJERUS,RICHARD 1766774090 0
-6t1A) tooo5~ trwUS4
~ aege 8 0~ t6 Form 3016 1/01
• •
provides that an affiliate of Lender takes a share of the insurer's risk in exchange far a share of the
prerruums paid to the insurer, the azrangement is often termed "captive reinsurance "Further
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, end they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - If any -with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance prerruums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Properly to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed Unless an agreement is made in wnung or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower Sucli Miscellaneous Proceeds shalt be
applied m the order provided for in Section 2
In the event of a total [aking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instiument, whether or not then due, with
the excess, if any, paid to Borrower
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instivment immediately before the partial
taking, destruction, or loss m value, unless Borrower and Lender otherwise agree m wnung, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value Any balance shall be paid to Borrower
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss m value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss m value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properly or to the
sums secured by this Security Instrument, whether or not then due "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds
Borrower shall be in default if any action ar proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in focfeiture of the Properly or other material impairment of Lender's
interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
disrrussed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of
MAJERUS,RICHARD 1766774090
Iruuals
-611A) looosi Papa 9 0l t B Form 3016 1/01
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied rn the order provided for rn Seaton 2
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortrzauon of the sums secured by this Secunty Instrument granted by Lender
to Borrower or any Successor to Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower Lender shall not be required to commence proceedings against
any Successor rn Interest of Borrower or to refuse to extend time for payment or otherwise mocirfy
amortization of the sums secured by this Secunty Instrument by reason of any demand made by the original
Borrower or any Successors to Interest of Borrower Any forbearance by Lender rn exercising any right or
remedy intruding, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or to amounts Iess than the amount then due, shat[ not be a waiver of or
preclude the exercise of any nght or remedy
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be Joint and several However, any Borrower who
co-signs this Secunty Instrument but does not execute the Note (a "co-signer"}. (a) is co-signing this
Secunty Instrument only to mortgage, grant and convey the co-signer's tnterest to the Property under the
terms of [his Secunty Instrument, (b) is not personally obligated to pay the sums secured by this Secunty
Instrument, anti (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Secunty Instrument or the Note wtthout the
co-signer's consent
SubJect to the provisions of Seaton 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Secunty Instrument to writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Secunty Instrument Borrower shall not be released from
Borrower's obltgattons and liability under th-s Secunty Instrument unless Lender agrees to such release in
witting The covenants and agreements of this Secunty Instrument shall bind {except as provided in
Seaton 20) and benefit the successors and assigns of Lender
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest to the Property and nghts,under this
Secunty Instrument, including, but not Irtrtited to, attorneys' fees, property inspection and valuation fees
In regard to anv other fees, the absence of express authority rn this Secunty instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law
If the Loan is subJect to a law which sets maximum loan charges, and that law rs finally interpreted so
that the tnterest or other loan charges collected or to be collected rn connection with the Loan exceed the
permuted Irrrirts, then (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted ltrriit, and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower If a refund reduces prtnctpal, the
reduction will be treated as a partial prepayment wtthout any prepayment charge (whether or not a
prepayment charge is provided for under the Note) Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a watver of any right of action Borrower might have arising out
of such overch,irge ,
15. Notices. All notices given by Borrower or Lender rn connection with this Secunty Instrument
must be m wining Any notice to $orrower m connection with this Secunty Instrument shall be deemed to
have been given to Borrower when marled by first class matt or when actually delivered to Borrower's
notice address tf sent by other means Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly
notify Lender .if Borrower's change of address If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure
There may be only one designated notice address under this Security Instrument at any one time Any
nonce to Lender shall be given by delivering it or by marling rt by first class marl to Lender's address
stated herein unless Lender has designated another address by nonce to Borrower Any notice in
MAJERUS,RICHARD 1766774090 p
-611Ai (00051 ~nmab
0 Pepe 10 0l 15 Form 3016 1/01
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
rrught be silent, but such silence shall not be construed as a prohibition against agreement by contract In
the event that any provisson or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instniment or the Note which can be
given effect without the contlicung provision
As used in this Security Instrument (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the ferrunine gender, (b) words the singular shall mean and
include the plural and vice versa, and (c) the word "may" gives sole discretion without any obligation to
take any action
17. Borrower's Capy. Borrower shall be given one copy of the Note and of this Security Instrument
18. Transfer of the Property or a Beneficial Interest to Borrower. As used in this Section l8,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser
If all or any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower rs sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Securuy
Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law
if Lender exercises this option, Lender shall give Borrower notice of acceleration ;The notice shall
provide a period of not less than 30 days from the date the notice is given rn accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument If Borrower tails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on~Borrower
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security instrument discontinued at any time
prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument, (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate, or (c) entry of a judgment enforcing this Security instrument Those
conditions are that Borrower (a) pays Lender all sums which then would be due under flits Security
Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or
agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property iiispection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Properly and rights under this Security Instrument, and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
lnstrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits art: insured by a federal agency, instrumentality or entity, or (d) Electronic
Funds Transfer Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred However, [his right to reinstate shall not
apply in the case of acceleration under Section 18
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest to
the Note {together with this Security Instrument) can be sold one or more times without prior notice to
MAJERUS,RICNARD 1766774090
Irunak
-6{IA} tooa5i Pepe 11 of 1b Form 3016 1/01
! i
Borrower A sale aught result in a change to the entity (known as the "Loan Servtcer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law There also aught be
one or more changes of the Loan Servtcer unrelated to a sale of the Note If there is a change of the Loan
Servtcer, Borrower will be given written nonce of the change which wtil state the name and address of the
new Loan Servtcer, the address to which payments should be made and any other information RESPA
requires in conilection with a nonce of transfer of servicing If the Note is sold and thereafter the Loan is
serviced by a Loan Servtcer other than the purchaser of the Note, the mortgage loan servtctng obligations
to Borrower will remain with the Loan Servtcer or be transferred to a successor Loan Servtcer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser
Neither Borrower nor Lender may commence, tom, or be domed to any ~udtcial actton (as etcher an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
nonce given -n compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such nonce to take corrective actton If
Applicable Law provides a time period which must elapse before certain actton can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
actton provisions of this Sectton 20
21. Hazardous Substances. As used in this Section 2l (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials,
(b) "Envtronmi:ntal Law" means Federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection, (c) "Environmental Cleanup" includes any response
actton, remedial action, or removal action, as defined in Environmental Law, and (d) an "Environmental
Condition" means a condrtton that can cause, contribute to, or otherwtse tugger an Environmental
Cleanup
Borrower shall not cause or peitnit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, {b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not lirruted to, hazardous substances in consumer products)
Borrower shall promptly give Lender written notice of (a) any investigation, clam, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property if Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazard<us Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law Nothing herein shall create any obligation on
Lender for an Environmental Cleanup
MAJERUS,RICHARD 1766774090 ~
i~i~~et:
® -611A1 tooo~,t Gage 12 of 15 Form 3016 1101
m
• •
NON-[lNIFORM COVENANTS Borrower and Lender further covenant and agree as follows
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratton following
$orrower's breach of any covenant or agreement to this Security Instrument (but nol prior to
acceleration under Section 18 unless Applicable Law provides otherwise}. The nonce shall specify. (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specified to the notice may result in acceleration of the sums secured by
this Securrty Instrument, foreclosure by ~udtctal proceeding and sate of the Property. The notice shall
Further inform Borrower of the right to reinstate after acceleratton and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default is not cured on or before the date specified to the notice, Lender at its
option may require immediate payment in Full of all sums secured by this Security Instrument
without Further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred is pursuing the remedies provided in this Section 22,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Security Instrument Lender may charge Borrower a fee for releasing this Security Instrument, but only If
the fee is paid to a third party for services rendered and the charging of the fee is permu[ed under
Applicable Law
24. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and
dtstnbutive share to and to the Property Borrower waives any right of exemption as to the Property
25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD
PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS ANb
EXEMP'T' FROM. JUDICIAL., SALE; 'AND THAT BY SIGNING THIS MORTGAGE, I
VOLUNTARILY 'GIVE UP MfY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED
PROPERTY WITH RESPECT jf0 CLAIMS BASED UPON THIS MORTGAGE.
.f / ~ ~ ~ 3
BortowcrRICHARD W MA RU- ace sorrowerJILL M MAJERUS Date
Borrower ' Date Borrower Daie
Borrower Date Borrower Datc
Borrower Date Borrower Date
MAJERUS.RICHARD 1766774090
~® 6t1A) iooo5~ Page 73 0l 15 Form 3016 1/Q 1
26. Redetnption Period. If the Property is less than l0 acres to size and Lender waives to any
foreclosure proceeding any right to a deficiency Iudgment agatnst Borrower, the period of redemption from
judicial sale shall be reduced to 6 months if the court finds that the Property has been abandoned by
Borrower and Lender waives any right to a deficiency judgment agatnst Borrower, the period of
redemption from ~udictal sale shall be reduced to 60 days The provisions of this Section 26 shall be
construed to conform to the provisions of Sections 628 26 and 628 27 of the Code of Iowa
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE
READ CAREI'ULLY BECAUSE ONLY THOSE TERMS W WRITIIYG ARE ENFORCEABLE. NO
OTHER TEIL~IS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT
MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT
ONLY BY ANOTHER WRITTEN AGREEMENT.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it
Witnesses
MAJERUS.RICHARD
-6tIAl caoo5)
(Seal )
R I CHARD W MAJ -Borrower
'~" (Seal)
JILL M MAJERUS -Borrower
_ (Seat) (Seal}
-Borrower -Borrower
_ (Seal) (Seal}
-Borrower -Borrower
_ (Seal)
-Borrower
1766774090
Pape 14 of 15
0
Farm 3018 1101
_ (Seal)
-Borrower
~ •
E=;'.
~~,,,
ca
STATE OF IOWA, DU$UQUE County ss:
On this 22nd day of March , 2003 ,before me, a Notary Public
in the State of Iowa, personally appeazed RICHARD W MAJERUS and JILL M MAJERUS
to me personally known to be the person(s) named to and who executed the foregoing instrument, and
acknowledged that he/she/they executed the same as his/her/their voluntary act and deed
My Comrruss~on Expires
WENDY A HERRIG
NOTARIAL SEAL -IOWA
COMMISSION N0.221 Notary Public to and fo said o ty and State
MY COMMISSION EXPIAESS`
Wendy A Herr g
MAJERUS.RICHARD
-6(IAt 100051
17b6774090
Ptq~ 16 or 15
Inlosl5
0
Form 3016 1 /01
1 ; ; DUBUQUE ~AN~C~ TRUST
MEMBER NfARTl.ANO FINANCIAL USA. INC.
1398CENTRA[ .IVENUE • P.O. BOX i78 • OU9000F, 1A 57001-0778
PNONf (563) 589-2000 • TOLL fRFf j8001397-2000 • fAY (563) 589.201 I
March 8, 2008
NOTICE OF RIGHT TO CURE DEFAULT
RICHARD W MAJERUS
2227 SUZANNE DR
DUBUQUE IA 52002-2759
Re: Mortgage Loan No. 1766774090
Property located at: 2227 Suzanne Dr.
Dubuque, IA
Dear Mr. Majerus:
You are now in default on this credit transaction. You have a right to correct this default
until April 7, 2008. if you do so, you may continue with the contract as though you did
not default. Your default consists of not having made the January 1, 2008 ,February 1,
2008 and March 1, 2008 mortgage payments in the amount of $924.00 each.
CORRECTION OF DEFAULT: Before April 7, 2008, payments totaling $2,844.14 must
be made. This amount includes late charges of $72.14. Your April 1, 2008 payment in
the amount of $924.00 will also then be due. If you do not correct your default by tllc
date stated above, we may exercise rights against you under the law.
If you default again in the next year, we may exercise our rights without sending you
another notice like this one. If you have questions, please call me toll &ee at 866-845-
2120 immediately.
Sincerely,
Carol Dolson
Retail Collector
Mortgage Servicing
fdemuer FDIC rnv~>cubupuebank.COrn ~{y p~P
L./~~U~
_ ~ ~-~~
r ~. J
~ ; ,- DtlBtIQI~EBANK& T~tIS~'
MEMBER HEARTLAND F/NANClAL USA, INC.
1398 CENTRAL AVENUE • R0. dOXiiB • DUBUQUE IA 52001-Ui;S
PHONE (56u15S9-2000 • TOL•_ FREE (800) 39i-?000 • FAX ISS3) 589.2011
March 8, 2008
NOTICE OF RIGHT TO CURE DEFAULT
JILL MAJERUS
2227 SUZANNE DR
DUBUQUE IA 52002-2759
Re: Mortgage Loan No. 1766774090
Property located at: 2227 Suzanne Dr.
Dubuque, IA
Dear Ms. Majerus:
You are now in default on this credit transaction. You have a right to correct this default
until April 7, 2008. If you do so, you may continue with the contract as though you did
not default. Your default consists of not having made the January 1, 2005, February 1,
2008 and the March 1, 2008 mortgage payments in the amount of $924.00 each.
CORRECTION OF DEFAULT: Before April 7, 2008, payments totaling $2,844.14 must
be made. This amount includes late charges of $72.14. Your April 1, 2008 payment in
the amount of $924.00 will also then be due. If you do not correct your default by the
date stated above, we may exercise rights against you under the law.
If you default again in the next year, we may exercise our rights without sending you
another notice tike this one. If you have questions, please call me toll free at 866-845-
2120 immediately.
Sincerely,
Carol Dolson
Retail Collector
Mortgage Servicing
.i?mc~ ~ ~ ~ru^canzi~n.c~m
E~HE81
~ _~
~ ~ ~ `,
~ x
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
DUBUQUE BANK & TRUST COMPANY
FED ID#42-0223620
Plaintiff,
vs.
RICHARD W. MAJERUS, JILL M. MAJERUS,
DUPACO COMMUNITY CREDIT UNION, and
CITY OF DUBUQUE
Defendants.
ATTORNEY'S FEE AFFIDAVIT
STATE OF IOWA )
ss.
DUBUQUE COUNTY )
01311
I, DAVID L. CLEMENS, being first duly sworn on oath, depose and state that
I am associated with the law firm of Clemens, Walters, Conlon & Meyer, L.L.P., 2080
Southpark Court, Dubuque, Iowa, 52003, attorneys for Plaintiff in the above-entitled action.
I further state that there is no contract, agreement or arrangement, either oral or written,
express or implied, contemplating any division of compensation for such services, or
participation therein, directly or indirectly by any other person, firm or corporation with me
as such atto ~ ey, unless it be with my associates in the-haw firm of Clemens, Walters,
Conlon & Me er L.L.P. ~`
DAVID L. CLEMENS
20~.
Subscribed and sworn to before me this ~~ ` I day of
- EXHfBIT : ~. .,
tt '~~~:
.~. ~ .
~ ~-
_o~~"'"` ,. CYND! A. SCHIELTZ
Commission Number 7042@9
iowwy r
h"y Comm. Exp. 7/28/09