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Claim by Wells Fargo 3 20 09IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, vs. CASE NO. EQCV097713 FORECLOSURE DECREE ~; ~'= ='r .~ -,. RONDA GARNER, SPOUSE OF RONDA GARNER, CITY OF DUBUQUE, AND PARTIES IN POSSESSION, Defendants. ~~~ ~__ ~: c~ , ~~ ~~; BE IT REMEMBERED that on this /'~/ ~ day of ~',~4.~.~..~' ~ , 200 `~, the above-entitled cause coming before the Court, on Plaintiff's Motion for Judgment; and after inspection of the file and proofs of service, the Court finds that good and sufficient service of original notice has been had on the Defendants; and that the Plaintiff has also served the Defendants, Spouse of Ronda Garner, City of Dubuque, and Parties in Possession, with NOTICE OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT pursuant to I.R.C.P. 1.972(2)(a) by sending such Notice by ordinary mail to the last known address of the party claimed to be in Default and its attorney, if known; and more than ten days have elapsed since serving such Notice. Ronda Garner has filed an Answer and Delay Demand herein. The Court further finds that it has jurisdiction of the subject matter and parties fo-this action. The Court further finds, having reviewed the file, that the issues are with the Plaintiff and that the Plaintiff is entitled to judgment and decree as prayed. The Court further finds that the note and mortgage declared upon in the Petition are just, genuine, due and unpaid. The Court further finds that there is due and owing to the Plaintiff from the Defendant, Ronda Garner, the principal balance of $69,556.16, plus interest in the amount of $2,772.57 to 12/10/2008 and at the rate of 11.05% per annum thereafter, suspense balance of $-106.72, other fees of $7.00, recoverable balance of $105.50, corporate advances $448.50, reports of title $375.00, attorney fees $1,225.00, plus accruing costs and the costs of this action including, but not limited to, any and all advances made by the Plaintiff, and other costs between the time of the Foreclosure Decree and the time of the Sheriff's Sale, said amounts totaling the sum to which the Plaintiff is entitled to judgment. The Court further finds that the Mortgage declared upon is a lien upon the premises therein described and the improvements thereon, which lien is prior and superior to any right, title, lien or interest of the Defendants or any of them therein. It is hereby decreed that the right, title and/or interest of each and all of the Defendants in and to the property which is the subject of this action is junior and subordinate to the right, title and/or interest of the Plaintiff in and to the property. The Court further finds that the premises is a one or two family dwelling and is not agricultural land as defined in Iowa Code Section 9H or 175.2, or used for agricultural purpose as defined in Iowa Code Section 535.13, or used for farming as defined in Iowa Code Section 175.2. The Court further finds that A DEMAND FOR DELAY OF SALE has been filed pursuant to Iowa Code Section 654.22 and that proper Notice was given pursuant to Iowa Code Section 654.20. Therefore, no rights of redemption will be allowed after Sheriff's sale and the purchaser at the sale is entitled to immediate possession of the property. The Court further finds that the Plaintiff has a valid, first, and paramount lien and that the priority of the junior lien holders should be established if there is a surplus remaining after satisfying the Mortgage and all costs including amount for advanced taxes, insurance, and attorney's fees, and should be paid to the junior lien holders as their interest may appear. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND_DECREED that judgment be, and the same is hereby rendered, in favor of the Plaintiff and against the real estate described herein, in the amount of $74,383.31 as follows: Principal $ 69,556.16 Interest to 12/10/2008 $ 2,772.57 Suspense Balance $ - 106.72 Other Fees $ 7.00 Recoverable Balance $ 105.50 Title Reports $ 375.00 Corporate Advances $ 448.50 Attorney Fees $ 1,225.00 Total Due as of 12/10/2008 $ 74,383.31 together with interest from 12/11/2008 at the rate of 11...05% per annum until satisfied, for court costs in this action, plus accruing costs and attorney fees incurred after the date hereof including, but not limited to, any and all advances made by the Plaintiff for taxes, insurance, properly preservation, and other costs between the time of the Foreclosure Decree and the time of the Sheriff s Sale. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said judgment be, and the same is hereby declared to be, a lien upon the following-described real estate located in Dubuque County, Iowa, to wit: Lot 66 in Charles Stafford's Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof. Situated in Dubuque County, Iowa IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Mortgage declared upon, dated 05/22/2006, which Mortgage was filed on 05/31/2006, in File 2006-00007986 in the records for Dubuque County, be, and the same is hereby foreclosed; that the right, title, lien, and interest of the Plaintiff in and to said mortgage premises and all improvements thereon be, and is hereby declared to be, prior and superior to the right, title, lien, and interest of the Defendants, or any of them, in and to said mortgaged real estate. IT IS FURTHER ORDERED that Special Execution issue for the sale of the real estate, together with all. improvements .thereon, immediately_upon entry of this Decree. That. a Sheriff s Sale shall be held for the sale of said real estate and thereunder said real estate be sold for the purpose of paying the judgment rendered in favor of the Plaintiff. It is further ordered that no sale of the property shall take place until the expiration of a six month period from the date of entry of this Decree. That from and after the sale, under said special execution, the Defendants, and each of them, and all persons claiming by, through, and under them, are forever cut off, barred, and foreclosed of all right, title, lien, and interest to said mortgaged real estate. IT IS FURTHER ORDERED that a Sheriff s Deed issue immediately to the purchaser at said sale; that a Writ of Possession shall be issued under the seal of the Court directed to the Sheriff of Dubuque County, Iowa, commanding him to put the purchaser at said sale, or his successor in interest, into immediate possession of the premises, pursuant to Section 654.20. IT IS FURTHER ORDERED that this Court reserves jurisdiction over the parties and the subject of this action to set aside this foreclosure decree and reinstate the note and mortgage foreclosed upon if the same is requested by the holder of this judgment at any time prior to the sheriff's sale, following full reinstatement of the mortgage loan, foreclosed upon by Plaintiff. IT IS FURTHER ORDERED that the Court will retain jurisdiction over this action for all matters to produce merchantable title to the buyer at the Sheriff's Sale. ~f1~-1~°~_ ~ -- JUDGE ~:t-f-y ®~="~~ _---y'~~~ ~' 1~~ ~: , - ,_f:. ` i'"3 ~.~ -.., i J _ _ ..,- ~ .. ~ + f r . ~ - t d ~> w.. s ~i.~ ~ ~ _ ±.~~