Claim Suit DB &T vs White, CityIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
DUBUQUE BANKAND TRUST COMPANY, )
FED ID#42-0223620 )
)
Plaintiff,
VS,
RICHARD WHITE a/Ida RICHARD A. WHITE,
CITY OF DUBUQUE, HOUSING SERVICES
DEPARTMENT,
DUPACO COMMUNITY CREDIT UNION,
APPLIANCE FURNITURE RENT ALL and
STATE OF IOWA
Defendants.
01311 EQCV093047
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT:
You are notified that a petition has been filed on the ,~ day of
~/~OJ~i ,2002, in the Office of the Clerk of this Court, naming you as the
Defendant in this action. A copy of the petition (and any documents filed with it)is
attached to this notice. The attorney for the Plaintiff is David L. Clemens, Reynolds &
Kenline, L.L.P., whose address is 222 Fischer Building, P.O. Box 239, Dubuque, IA
52004-0239. That attorney's phone number is 563-556-8000; facsimile number is 563-
556-8009.
You must serve a motion or answer within 20 days after service of this
Original Notice upon you, and, within a reasonable time thereafter, file your motion or
answer, with the Clerk of Court for Dubuque County, at the County Courthouse in
Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the
relief demanded in the Petition.
If you require the assistance of auxiliary aids or services to participate in
court because of a disability, immediately call your ADA coordinator at (563) 589-4448.
(If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
CLERK COURT
Dubuque County Courthouse
Dubuque, IA 52001
(SEAL)
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR iNTERESTS.
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
DUBUQUE BANK AND TRUST COMPANY,
FED ID#42-0223620
Plaintiff,
VS.
RICHARD WHITE a/k/a RICHARD A. WHITE,
CITY OF DUBUQUE, HOUSING SERVICES
DEPARTMENT,
DUPACO COMMUNITY CREDIT UNION,
APPLIANCE FURNITURE RENT ALL and
STATE OF IOWA
Defendants.
01311
PETITION FOR FORECLOSURE OF
REAL ESTATE MORTGAGE
COMES NOW Plaintiff, Dubuque Bank and 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) 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 YOUR RESIDENCE BUT
NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO
RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE
SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE
MORTGAGED PROPERTY, YOU MAY PURCHASE AT THE SALE.
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.
IFTHE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT
A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY
JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU
FILE A WRITTEN DEMAND TO DELAY THE SALE.
(2) Plaintiff is an Iowa Banking Corporation with its principal place of business in
Dubuque, Iowa.
(3) Defendant Richard White a/Ida Richard A. White, is a resident of Dubuque
County, Iowa.
(4) All other Defendants may have an interest in the real estate described herein.
(5) On Apdl 11, 1995 Defendant Richard White a/Ida Richard A. White, made,
executed and delivered to Plaintiff, Dubuque Bank and Trust Company, one certain
Promissory Note in the principal sum of $40,000.00, a copy of which Promissory Note is
attached hereto as Exhibit 'W' and by this reference made a part hereof.
(6) At the time of the execution and delivery of said Promissory Note of April 11,
1995, Defendant Richard White a/Ida Richard A. White, executed and delivered to Plaintiff,
Dubuque Bank and 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 Six (6) in Hedley's Subdivision in the City of Dubuque,
County of Dubuque, Iowa, according to the recorded plat
thereof
which Real Estate Mortgage was filed for record on April 12, 1995 with the Dubuque
County Recorder as Instrument No. 3183-95, copy of said Mortgage is attached hereto as
Exhibit "B" and by this reference made a part hereof.
(7) Defendant Richard White a/Ida Richard A. White, has failed to make the
required payments due under the terms of the Promissory Note and Real Estate Mortgage
of Apdl 11, 1995 and, consequently, said Defendant Richard White a/Ida Richard A. White
is in default under the terms of said Promissory Note; the required monthly payments of
$326.35 have not been made for more than six months; pursuant to the terms of the
Promissory Note and Real Estate Mortgage, Plaintiff, Dubuque Bank and 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 Defendant Richard White a/Ida Richard A. White as of May 1,2002
is as follows:
Principal $38,057.61
Interest to 5/1/02$ 1,727.28
Escrow shortage $ 405.31
Late Fees $ 146.88
Total $40,337.08
In addition, interest on said indebtedness is accruing at the rate of 9.100% per annum from
and after May 1, 2002.
(8) On October 5, 2001 Plaintiff sent Defendant Richard White a/Ida Richard A.
White, a Notice of Right to Cure Default, which is attached hereto marked Exhibit"C". Said
Defendant Richard White a/Ida Richard A. White has refused and failed to cure his default.
(9) The Promissory Note and Real Estate Mortgage provide for the collection of
reasonable attorney fees from mortgagor Richard White a/Ida Richard A. White 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 attomey'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 and 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.
('~1) The mortgaged real estate which is the subject of this foreclosure is the
residence or homestead of the mortgagor Richard White a/Ida Richard A. White. As
referred to in paragraph (1) herein, Plaintiff has elected to proceed with this foreclosure
without redemption and, accordingly, sale of the mortgaged property will occur promptly
after entry of judgment unless Defendant Richard White a/Ida Richard A. White, file with
the Court a written demand to delay the sale. If a wdtten 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 Defendant Richard White a/Ida Richard A.
White.
(12) Plaintiff waives all dght to deficiency judgment against the Mortgagor Richard
White a/Ida Richard A. White which may arise out of these foreclosure proceedings in
accordance with the provisions of said mortgage.
(13) City of Dubuque, Housing Services Department has an interest in said property
as a result of a Mortgage which was filed April 25, 1995 as Instrument No. 3545-1995 and
a Mortgage filed February 20, 1996 as Instrument No. 1770-1996 of the records of
Dubuque County, Iowa which lien would be junior inferior to that of the Plaintiff.
(14) Dupaco Community Credit Union may have an interest in said property as a
result of a Judgment in Law No. LACV052233 in the District Court of Iowa in and for
Dubuque County which lien would be junior infedor to that of the Plaintiff.
(15) Appliance Furniture Rent All may have an interest in said property as a result
of a Judgment in Small Claims SC43555 in the Associate District Court in and for Dubuque
County, Iowa which lien would be junior infedor to that of the Plaintiff.
(16) The State of Iowa may have an interest in said property as a result of a
Judgment in SRCR032824 in the District Court of Iowa in and for Dubuque County, Iowa.
which lien would be junior infedor to that of the Plaintiff.
(17) To the information and belief of Plaintiff, none of the Defendants named herein
are members of the Armed Services of the United States of Amedca, and none of said
Defendants are under any legal disability.
WHEREFORE, Plaintiff, Dubuque Bank and Trust Company, prays for
judgment against the Defendant Richard White a/Ida Richard A. White and for judgment
in rem against the above described real estate set forth in paragraph above for the sum
of $38,057.61, same being the amount of unpaid principal; interest in the amount of
$1,727.28 as of May 1,2002; late charges in the amount of $146.88; escrow shortage in
the amount of $405.31; plus interest at the rate of 9.100% on the principal sum of
$38,057.61 from May 1,2002, 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 Six (6) in Hedley's Subdivision in the City of Dubuque,
County of Dubuque, Iowa, according to the recorded plat
thereof
as a first and supedor 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 12, 1995, 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, infedor and subject to Plaintiff's first mortgage lien and that Plaintiff's
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 Defendant Richard
White a/k/a Richard A. White, files a demand for delay of sate, 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 dghts following sale, and the purchaser at sale be entitled to an
immediate deed and immediate possession of the real estate; and, if necessary, a writ of
possession then issue forthwith to the Sheriff of Dubuque County, Iowa, authorizing,
directing and empowering said shedffto remove any and all persons from said real estate
and put the purchaser at sale under this foreclosure in possession thereof.
Plaintiff, Dubuque Bank and Trust Company, further preys 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, abstrecting fees of $100.00 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 BANK AND TRUST COMPANY,
By: ff~5~_,
David L. Clemens - ~-0-0'0000880
of
REYNOLDS & KENLINE, L.L.P.
222 Fischer Building
P.O. Box 239
Dubuque, tA 52004-0239
TEL: (563) 556-8000
FAX: (563) 556-8009
STATE OF IOWA )
) SS.
DUBUQUE COUNTY )
I, Shad E. Bartels, being first duly swom on oath, depose and state that am
Assistant Vice President of Dubuque Bank and Trust Company, Plaintiff in the above
entitled action; that 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 ~ verily believe.
Shad E. Bartets
Subscribedandswomtobeforemethis i~~ dayof
Not~rg Publi~'
NOTE
1. BORROV~ER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $..4..°.t.P.O.°..:P..°. ...................... (this amount is
called "principal'), plm interest, to the order of the Lender. The Lender is .......................................................
.l:lu.b~que.. Bask. and...Trn*.~-..G.otagan.g .............................................................................. l understand
that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Note Holder.
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of ............ ~.x~-..°..0 .............
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(Bi of this Note.
3. PAYMENTS
(A) Time and Place or Payments
I will pay principal and interest by making payments every month.
1 will make my monthly payments on the ..~'..~.$.... day of each month beginning on ...M.a.k'..~.~ ........................
.~;.9.?~ .......I will n~ce 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 dfis Note. My monthly payments will be applied to interest before
prir~ipal. If, on .............. ~p.?j_.l....1.~...2_o.¢..5. ....................... 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 ..J. 3.$.~..CI~.A,X~ .............................................................
.I~UJ~JQh~& .~A..$2~ 0.1, ............................................. or at a different place if required by the Note Holder.
(B) Amount or Monthly Payments
My monthly payment wilt be in the amount of U.S. $...3..2..6.:.9.~ ...........................
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any.time before they are due. A payment of principal only is
known aa a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder
agrees in writing to those change~.
g. LOAN CHARGES
If a law, which applies to this toga and which sets maximum loan charges, is finally interpreted so that the imereat
or other loan charge~ collected or to be collected in connection with this loan exceed the permitted limits, then: (ii any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any
already coficcted from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make
this refund by reducing the principal I owe under this Note or by making a direct payment to me. Ifa refund reduces
principal, the rnduetinn will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
, (A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
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.:.0..0.9....% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on
each late payment.
(Bi Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not
been paid and all the interest that l owe on that amount. That date must be at least 30 days after the date on which the
notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder dom not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I ara in default at a later time. (E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full ~ described above, the Note Holder will have the
right to be paid back by mc for all of ils costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different rr~thed, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if
I give the Note Holder a notice of my different address.
Any notice that must be given to the Note [folder under this Note will be given by mailing it by first class mail to
the Note lfolder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER Tills 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 per,on who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who lakes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note ag*3nst each person individually or against all of us
together. This means that any one o[ us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. 'Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrament with linfited variations in some jurisdictions. In addition to the protections
dated the ,~ane date as this Note, protects the Note Holder from possible losses which might result if I do not keep the
pmmis~ which I make in this Note, That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of alt amounts I owe under this Note. Some of those conditions are
described aa follows:
Transger of the Property or a Beneficial Interest in Borrower. If all or m~y part of thc
FrOl~rty or any inter~t in it is ~old or transferred (or if a beneficial inter~t in Borrower is sold or
tran~fcrm'd and Borrower is not a natural person) without Lender's prior written consent, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument.
However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of
If Lender exerc~tses this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not les~ thaa 30 days from the date the notice is delivered or mailed within
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without fut~her notice or demand on Borrower.
A/K/A Richard A. White
....................................................................................... (Seal}
....................................................................................... (seal)
.. [Sign Original Only]
[Space Above This Une For Recording Data]
MORTGAGE
THIS MORTGAGE ("Security Insmm~ent") is given on ........ ..~.r..i..1...1..l.,...l. 2~.S. .................. The mortgagor
is g.i. ~., ,?g~2~ ....................................................
..,.. ........ ;;:;;:;:;;;;:;:;:;:;:;;:;::::::;:;:;:;:: ..............................
("Borrower"). This Security Inatnzment is given to ~,.~.,.u.c~...e, .B.,..az~.....,a~..~..T..z~...s..t:....C..o,~.p.C..n,Y .................................
.......................................................... which is organiTed and existing under the laws of .............................
THE STATE OF IOWA
........................................................................................................................... and whose address is
!3.~.8...g.~..~.~..,..E.~...u. QuE ~ s2ooz
("Lender"): Borrower owes Lender the principal sum of .~.o..=.g.Z...~...9..u.s..a..~.~...~..¢...g.0./.!9.g .....................................
................................................................... Dollars (U.S. $ ~.o.,.9.o..o..-.g.9 ................ ). This debt is cvide~
by Borrower's note dated the same date as this Security Instrument ('Note'), which provides for monthly payments, with
the fifll debt, if not paid earlier, due and payable on ...... .~.R.r.i..1....l.,...2. g..2.5. ............... This Secua-ity Instrument secures
to Lender: (a) the repayment of the debt evidenced by the Note, with interest, end all renewals, extensions and
modifications of the Note; Co) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Secuzity In.strangest; and (¢) the pefforcn~nce of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and cunvey to Lender the following
described property located In ............. .~...U~..U.Q..L~. ................................................... County, Iowa:
v.OT SIX (6) IN ~DL~Y'S SU'~DIVISION IN ~ CIT'~ OF DUBUQUE, CO~ OF DUBUQUB,
IOWA, ACCORDING TO ~ RECOP..OED PLC. T T"KEREOF.
Iowa ....5.2..Q.O..Z. ............ ("Property Address");
IOWA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
BANKERS SYSTEMS, INC., ST. CI.OUO, MN 56302. (1-$00-397-2341) FORM MD-14A 2/12/91
EXHIBIT t
B wn 3016 9~90 fpage I of 6,~
T~mER Wrm all the improvements now or hereafter erected on the property, and ail easements, appurtenances,
and fixtUres now or hereafter a part of the property. Ail replacements and additions shall also be covered by this Security
Instrument. Ail of the foregoing is referred to in this Security Instrtunent as the "Property."
Bo~ow~ COVEN~a~rS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unenc~mbered, except for encumbrances of record. Borrower
warrants and will defend generally the rte to the Property against all c}~m~ and demands, subject to any encumbrances of
record.
THIS Sacu~.rr~ I~S'mUM~'~T combines uniform covenants for national use and non,uniform covenants with lhnlted
variations by jurisdiction to constitute a uniform security inatnnnent covering real property. U~o~oa Cov~a~rs. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and imerest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments ere due under the Note, until the Note is paid in full, a sum ("Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly
flood insurance preminms, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by BorrOwer
to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.
These items are called "Escrow Items.~ Lender ma.v, at any time, col[e~ and hold Ftmds in an amount not to exceed the
maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account u_uder the
E tate lem? o ees of 1974 as amended me to titan, U.S.C. eq.
^ ), umess anomer law mat eppties to tue Funds sets a lesser amount. If so, Lender may, at any time, collect and
hold Funds in an amount not to exceed the lesser amount. Lender may estlm~te the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or othe~vise in accordance with applicable
law.
The Funds shall be held in an institution whose deposits ere insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. Lender may not 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 taw
permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides.
otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay~
Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and
debits to the Funds and the purpose for which each debit to the Funds was made. The Funds ere pledged as additional
security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
- U.pon. p.a. ~y~nen.t in,full .o~f all q.ns secured by this Security Instrument, Lender shall promptly refund to Borrower
any venus netu t~y ~enner. l~, nnuer paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acqnlsition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security insh'ument.
3. Appl/c-"fion ,.f ..,ymc~to. Unless ~,ph~.,,~,le ~av, .,"~*~ ',~ ~;-~
pro,~u-~ oth.~..~, all pa.vments received by Lender under
paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instsument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to b.e paid under th/s paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings
which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within I0 days
of the giving of notice.
Form 3016 g/SO (page 2 of 6)
a,~NK~S SYST~S. ;NC., ST. C~OUO. ~. s63o2 ~-~oo-3~7-z~,~1 ;o~ ~O-~-~A
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or bereaRer erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and
for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,
Lender may, at Lender's option, obtain coverage to protect Lender's fights in the Property in aecurdance with paragraph
7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
~Unless Lender and .B~o..rrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the uroperty aamagen, ~ cue restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the inwaranee proceeds. Lender may use the proceeds to repair or restore
the Property or to pay surn~ secured by this Security Instrument, whether or not then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any anplication of proceeds to nrincinal shall not extend or
postpone the due ~d?te. of.the monthly payments ~ferred to in para.g, ra~hs 1 and 2 or change the' amot~nt of the payments. If
unoer paragraph 21 me ~'roperty is acquired by Lender, Borrower s right to any insurance policies and proceeds resultin
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the ,~]m~ secured by this Sec~--it~
Instnunent immediately prior to the acquisition.
t. en.? Prot o, of the o rowe 's '.o,.
a~' ...._o _a~_. ~rrow~er., s.n~ occ..upy~, estaonsa, a~,u use me .Property as Borrower s principal resxdenee within sixty days
~ m~ ~xeCculon oi culS ~ecunty lnstroment an(1 shall continue to oecul~y the Property. as Borrower'n nr~nelna!
for at least one year after the date of occupancy, unless Lender otherwx'ie agrees in x,)riting, which ~o~nsen'---~'~al'~'~ot~b"~
unreasonably withheld, or unless extenuating circom~tances exist which are beyond Borrower's control. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower
shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgment could result in a forfeiture of the Property or otherwise materially impair the lien created by this Security
Iust .rome~t or L?nder's securi~ intere.st. B. grr~.wer' may. cure ~ch a.default and reinstate, as provided in paragraph 18, by
causing cue acnon or proceea~ng to ae axsmassea watu a rulcug mat, in Lender's good faith determination, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security
Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connectien with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property ~e a pri. n.c~pal residence. If this Security Insmnnent is on a leasehold, Borrower shall
comply with all the provisions of the ase. ~t Borrower acquires fee title to the Property, the leasehold and the fee title
sl~ll not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations),
then Lander may do and pay for whatever is necessary to protect the value of the Property and Lender's ri~ts in
Property. Lender's. ac.tions may '.include paying any sums secured by a lien which has priority over t~ Sec~-~t~
..... "; .... ~, .... .o~'t~- make renalrs. A!thoug!,.
Instrament, appearing cu coup, paying reasonable attom~,s' fees md ,.n .... ~ ,,~ '~"~ ~ ..... to
Lender may take action under this paragraph 7, Lender does not have to do so. '
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the m~rtgage insurance previously in effect, from aa alternate mortgage
insurer approved by Lender. If substantially equivalent cuortgage insurance coverage is not available, Borrower shall pay
to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when
the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender. if mortgage
~orrn 3016 9/90 (page 3 of $]
i~ANKER$ SYSTF. MS, ~ND.. ST. CLOUD, MN 56302 (1-800-397-2341) FORM MD-I-IA 2/12/91
insurance coverage (ha the amount and for the period that Lender requires) provided by an insurer approved by Lender
again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance ha
effect, or to provide a loss reserve, until the requirement for mortgage insurance ands ha accordance with any written
agreemant between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may mnlce reasonable antries upon and inspections of the Property. Lender shall
give Borrower nntice at the time of or prior to an inspection speeifyhag reasunable eanse for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums scanted by this Security
Instmmem, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the m~ng, divided by (b) the fair market
value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial t~ng
of the Property in which the fair market value of the Progeny immediately before the talcing is less than the amount of the
sums secured immediately before the taldng, unless Borrower and Lender otherwise agree in writing or unless applicable
law otherwise provides, the proceeds shall be applied to the sum~ seco.~ed by th~ Security Instru~nent whether or not the
sums aro than due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the conderunor Offers to
malce an award or 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 proceeds, at its option, either to restoration or repair of the Property
or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpon~l?~do~ date o.f~e~rao, nthly, p~m.e, uts referre..d to. ha paragraphs I and 2 or change the amount of such payments.
· orrower mot Ke~easea; ~orDearance ~y ,.ender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrumant granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender
~h~l! not be required to commence proceedings against any successor ha interest or refuse to extend time for payment or
otherwise modify amortization of the ,~,m~ secured by this Security Inatrumem by reason of any demand made by the
original Borrower or Borrower's suecessurs in interest. Any forbearance by Lender in exercising any right or remedy shall,
not be a waiver of or precinde the exercise of any right or remedy.
12. Successors and Assigns Bound; JoInt and Several Liability; Co-signers. The covenants and agreemants of
this Security Instrument shall bind and benefit the sueeessurs and assigns of Lender and Borrower, subject to the
provisions of ~aragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-sign~
this Security I~strument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant
and convey that Borrower's interest in .the Property under the terms of this Security instrumant; CO) is not personally
obligated to pay the sums secured by this Security Insmunent; and (c) agrees that Lender and any other Borrower may
agree to extand, modify, forbear or make any accommodations with regard to the terms of th~s Security Instrument or the
Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and Co) 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 .mini-dug a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable taw requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class m~ to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
15. Governing Law; Severability. This Security Instrumant shall be governed by federal law and the law of the
jurisdiction ha which the Property is located. In the evant that any provision or alanse of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which cam be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
Form 3016 9/90 (page 4 of $)
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or a~y part of the Property or any
Interest in it is sold or u'ansferred (or if a beneficial interest in Borrower is sold or transferred end Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prokibited
by federal law as of the date of this Security Inatrument.
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 delivered or mailed 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 permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Righ~ to Reinstate. If Borrower meets certain conditions, BorroWer shall have the 'right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Insu'ument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Inatrament, Lender's rights in the Property and Borrower's
,~?~!~ t~o, ~p~a~.t~,~e ~s~,,~.~u~d~b~ d~i.'s Security .In~su'u;m~ en~t s~h.~ contin, ue un.c_.hanged. Upon reinstatement by Borrower,
...... : .~.~.,.-,~.~ ~.~,~ .-,~ ,~t, ngat:ons se~azen nereuy snau rem ~a~n .nj!fy effective as if no ac"~l-ratinn had oc~ed
However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Seawicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or inore times without prior notice to Borrower. A sale my result in a change in the entity
(known as the "Loon Servicer") that collects monthly payments due under the Note and this Security Insmtment. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.
The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.
The notice will also contain any other inform~Hon required by applicable law.
20. l~azardaus Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Proper~y. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. 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.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property end any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is'notified by any governmental or
regulatory authority, that any removal or other remediatlon of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "I~z~rdous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other fl~mmable or toxic petroleum products,
toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection.
No~-U~moP.~ CoverTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which th~ default must be
cured; and (d) that failure to cure the default on or before the date specLfied in the notice may result In acceleration
of the sums secured by ~ Security Instrument, foreclosure by judicial proceeding and sale of the Property. The
notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may reqalre
immediate payment in fall of all sums secured by this Security Instrument withant further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursning the remedies pro~ided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and
costs of tire e~idence.
~2. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
instrument without charge to Borrower.
Form 3016 6190
. .23.~Waivers._Borrower retinq, i~h~ all right of dower and waives all right of homestead and distributive share in
ann to me t-'roperty. Borrower waives any right of exemption as to the Property.
24. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure
proceeding any fight to a deficiency judgment against 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 de.fie, ieney~j.u.d, gment ag .a~t~. B.o~.o.wer, the period of redemption from judicial sale shah be reduced to 60 days. The
prov~mons or tins paragraph z,~ snail oe consmted to conform to the provisions of Sections 628.26 and 628.27 of the Cede
of Iowa~
this o_2_._5_..__Ri~l,_? to ~ .S~uriw .Imtrun~,ent. If one or ,more. riders ~? exe. coted by Borrower and recorded.together with
a=uumy matrument, me covenants aaa agreements or each such naer snell be incorporated into and shall amend and
ksup~pumenlement the covenants and agreements of this Security Instrament as if the rider(s) were a pan of this Security
t. [Cheek applicable box(es)]
[] Adjustable Rate Rider [] Condominium Rider [] 1-4 Family Rider
[] Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider
[] Balloon Rider [] Rate Improvement Rider [] Second Home Rider
[] Other(s) [specify]
BY SIoNmo BeLow, Borrower accepts and agrees to the terms and covenants contained in tiffs Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
...................... -~ ............................................. (Seal)
RICHARD r~--[ I T E -Borrower
A/K/A Richard A. White
Social Security .4~ .............
........................................................................ (Seal)
-Borrower
Social SecurityNumber ...................
[Space Below This Line For Acknowledgment]
STATE OF IOWA ss:
County of . ..P.~.b..,4.q.u..e. ...........
On this ......... .1% ~b. ...................... day of .....A.p.r..i..1. ....................................... A.D.1..9..9.5. , before me, a
Notary Public in the State of Iowa, personally appeared .R..~.c..h..a..r.d...I~..zte~ a sln~g la ..... p. erson ........ . ...... ..
..A/.~.A..g$.q.har..d...6:....l~...i..~..e. ........................... , to me known to be the person(s) named in and who executed the
foregoing insLmr:'..ent, ~.nd ackuow!edg~2 t~-_x, ...b.e. ................. executed ~ 'c. an~c as ..... .h.m.s. ................................
voluntary act and deed.
My Commission Expires:
ST. C~Ot~M~e~O2 t~-~O0~?-2~.'~
Form 3016 !~lSO [page $ of 6)
DUBUQ. UE BANK& TRUST
MEMSER HEARTLAND FiNANCiAL USA, INC.
October 5, 2001
NOTICE OF RIGHT TO CURE DEFAULT
t398CENTRALAVENUE · P.O. 80X778 · OUBUOU~IA52004.0778
FHO~IE(5~3JS~9-2000 · TOLLFR££(8~O)397-2000 · FAX (5~3)58~201t
RichardWhi~
754W8m SL
Dubuque, IA52001-6655
Loang687988
PmpenyLoca~d at: 754WSaSt.
Dubuque, IA
Dear Ma'. White:
You are now in default on this credit transaction. You have a right to correct this default until
November 4, 2001. If you do so, you may continue with the contract as though you did not
default. Your default consists of not having made the Auto, st 1, 2001, the September 1, 2001 and
the October 1, 2001 mortgage payments in the amount of $428.00 each.
CORRECTION OF DEFAULT: Before November 4, 2001, payments totaling $1,332.96 must
be made. This mount includes a late charge of $48.96. If you do not correct your default by the
date stated above, we may exercise rights against you under the law.
If you default again in the next year, we may exercise our rights without sending you another
notice like this one. ff you have questions, please call me at 58%2145 immediately.
Sincerely,
Shah E. Barrels
Assistant Vice President
SEBdr
EXHIBIT
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
DUBUQUE BANKAND TRUST COMPANY, )
FED IDOl-42-0223620 )
)
Plaintiff, )
)
)
RICHARD WHITE a/Ida RICHARD A. WHITE )
)
Defendant. )
01311
ATTORNEY'S FEE AFFIDAVIT
STATE OF IOWA )
) SS.
DUBUQUE COUNTY )
I, David L. Clemens, being first duly sworn on oath, depose and state that
I am associated with the law firm of Reynolds & Keniine, L.L.P., 222 Fischer Building,
P. O. Box 239, Dubuque, Iowa, 52004-0239, attorneys for Plaintiff in the above-entitled
action. I further state that there is no contract, agreement or arrangement, either oral or
written, express or implied, contemplating any division of compensation for such services,
or participation therein, directly or indirectly by any other person, firm or corporation with
me as such attorney, unless it be with my associates in the law firm of Reynolds & Kenline,
L.L.P. ~
David L, Clemens
20~. Subscribed and sworn to before me this ~r-~'~tday of "-~ ,
N~ta~)qj' Public d
CYNDi A. SCHIELTZ I
Commission Number 704288 1