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Claim by Chase Home Finance, LLC
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CHASE HOME FINANCE LLC, EQUITY NO. D ~3 ~~ E ~ ~ g~~ Plaintiff, vs. CHARLIE W. TIES, CHRISTINA A. TIES, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CITY OF DUBUQUE and PARTIES IN POSSESSION, Defendants. n ~~-> ~~ r7 ~ ~ -'~ ' ORIGINAL NOTICE ~ ~~: w ~ p{~ ~ • ±"1 ~.. y~ i P . CD O w TO THE ABOVE-NAMED DEFENDANT: Charlie W. Ties You are notified there was on the ~3 day of a~C h , 2009 filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is Mark D. Walz, whose address is The Highland Building, 4201 Westown Parkway, Suite 300, West Des Moines, Iowa 50266, Telephone: (515) 288-2500, Facsimile: (515) 246-7997. You must, within 20 days after service of this Original Notice upon you, serve, and within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for Dubuque County, at the county courthouse in Dubuque, Iowa. If you do not, judgment by default maybe rendered against you for the relief demanded in the petition. If assistance of auxiliary aids or services is required to participate in court due to a ' ~ "idist}bility-sueh as hearing impaired, call the Americans with Disabilities caordin~t~r• • _. . at 319-833-3332. If you are in need of dual party telephone relay services, call Relay Iowa TTY at 1-800-735-2942. ~; Clerk of the above Court Dubuque County Courthouse Dubuque, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 925839_1 .DOC G?l'~'' CC 4` IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CHASE HOME FINANCE LLC, ,~, r~~~ ~~' `°, r , S ~ S~ J ../ J'~'! i . ( J~ r' '~ ,~% ~.r9 EQUITY NO. -~z~~J D9'7~~~ Plaintiff, vs. FORECLOSURE PETITION CHARLIE W. TIES, CHRISTINA A. TIES, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CITY OF DUBUQUE and PARTIES IN POSSESSION, Defendants. 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 SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE.AND IS A ONE-FAMILY ORTWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT AONE-FAMILY OR TWO- FAMILYDWELLING. 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. COMES NOW the Plaintiff, Chase Home Finance LLC, and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff, Chase Home Finance LLC, elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this #1664940 action is not used for an agricultural purpose. The mortgaged property is cone-family or two- family dwelling. 2. The Plaintiff, Chase Home Finance LLC, is a corporation duly authorized to transact business in the State of Iowa. The Defendants, Charlie W. Ties and Christina A. Ties, are a married couple and are residents of Dubuque County, Iowa. 4. The Defendant, Mortgage Electronic Registration Systems, Inc., is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of Mortgage dated July 7, 2006, and recorded July 17, 2006, as Instrument No. 2006-00010812. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 5. The Defendant, City of Dubuque, is joined as a party to this action because it.may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of Judgments in Case No. 01311DUSTA0018151 and Case No. 01311DUSTA0018176 entered February 17, 2009. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. The Defendants, Parties in Possession, are made parties to this cause of action because they may claim some right, title or interest in the property which is the subject of this action due to the fact that the Plaintiff is credibly informed and believes that they maybe tenants in possession of the property the subject of this cause of action. The Defendants' rights to the property which is the subject of this action are junior to the Plaintiff. 2 7. On or about Apri14, 2008, the Defendants, Charlie W. Ties and Christina A. Ties, executed and delivered to Mortgage Electronic Registration Systems, Inc., one certain Promissory Note in the principal sum of One Hundred Seven Thousand Thirty-one and 00/100 Dollars ($107,031.00). A copy of the Note is attached hereto as Exhibit "A" and by this reference incorporated herein. 8. To secure payment of the Note, the Defendants, Charlie W. Ties and Christina A. Ties, executed and delivered to Mortgage Electronic Registration Systems, Inc. one certain Purchase Money Mortgage dated Apri14, 2008, which Mortgage was filed on April 11, 2008, in Instrument No. 2008=00004964 of the Dubuque County Recorder's Office, upon the following-described real estate, to-wit: Lot 3 of Lot 4 of Giger's Subdivision, in the City of Dubuque, Dubuque County, Iowa, according to the recorded Plat thereof, (also known and described as Lot 3 of Lot 4 of Gieger's and Geiger's Subdivision). 9. A copy of the Purchase Money Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit "B" and by this reference incorporated herein. 10. Subsequently, Mortgage Electronic Registration Systems, Inc. sold, assigned and delivered to Chase Home Finance LLC the Note and Mortgage referred to herein as Exhibits "A" and "B". 11. The Mortgage and Note is a Purchase Money Mortgage and provides that in case of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 12. The Defendants, Charlie W. Ties and Christina A. Ties, have failed to pay the Note and interest thereon as provided by the terms of the Note. 3 13. By reason of the failure to pay the Note and interest, the Plaintiff has elected and does hereby elect in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 14. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of One Hundred Six Thousand Eight Hundred Twelve and 22/100 Dollars ($106,812.22), which is the principal balance, plus interest calculated at the default rate of 5.875% per annum from July 1, 2008. Interest accrues on the said sum at the rate of $17.19 per day. 15. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of $200.00, to which sum the Plaintiff is entitled to a judgment against the property with interest at the rate of 5.875% per annum, costs and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, including reasonable attorney's fees. 16. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has been made for payment, and payment has been refused. 17. Under the terms of the Mortgage a receiver maybe appointed. 18. The Plaintiff gave a Notice of Right to Cure and more than thirty (30) days have elapsed since the notice was given. A copy of said Notice is attached hereto as Exhibit "C" and incorporated herein by this reference. 4 19. The Plaintiff hereby waives their right to a deficiency judgment. 20. Under the terms of said Note and Mortgage, the Defendants, Charlie W. Ties and Christina A. Ties, agreed to pay attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit "D" and incorporated herein by this reference is an Affidavit of Attorney's Fees as required by Iowa Code § 625.22. WHEREFORE, the Plaintiff, Chase Home Finance LLC, prays for judgment in rem against the real estate described above, for the sum of One Hundred Six Thousand Eight Hundred Twelve and 22/100 Dollars ($106,812.22), which is the principal balance, plus interest thereon at the rate of 5.875% per annum from July 1, 2008, such amount equaling $17.19 per day, the costs of this action, including title costs of $200.00, reasonable attorney's fees and additional sums for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law and that said sums be declared a lien upon the premises above described from April 4, 2008, the date of the Plaintiff's Mortgage, prior and superior to any right, title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed; that any right, title, lien or interest of the Defendants or any of them in said property be declared junior and inferior to the lien of Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as maybe necessary to satisfy the judgment including interest, costs, and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, and that from and after said sale under special execution, the right, title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off, barred and foreclosed, and the purchaser at said sale take free and clear of any right, title, lien or interest of the Defendants or any of them. The Plaintiff further prays for a Writ of Possession to be issued under the seal of this Court, directed to the Sheriff of Dubuque County, Iowa, commanding him to put the purchaser at said sale under special execution or a successor in interest in the possession of the premises; and that a receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. j, ~ ,l, ~ ;. ~~ r Mark D. Walz (AT000.8~178) DAMS, BROWN, KOEHN, SHORS & ROBERTS, P~C.:~ The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515) 288-2500 Facsimile: (515) 246-7997 ATTORNEY FOR THE PLAINTIFF 6 w NOTE F~ Oase ~°. Iowa FR-i61-2325233-703 April 04, 2008 [Date] 7I4 RTES STREET' Dubuque, TA 52001 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means GB Mortgage, LLC and its successors and assigns. 2. BORROR'ER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of one Hundred Seven Thousand Thirty One And Zero/100 Dollazs (U.S. $ 107 , 031.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and seven eighths percent ( 5.875 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower`s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on June 01 , 2008 .Any principal and interest remaining on the fast day of May, 2038 ,will be due an that date, which is called the "Maturity Date." (B) Place Payment shall be made at Guaranty Bank, F . S . B . , P . 0 . Box 243014 , M~.lwaukee, WT 53224 or at such place as Lender may designate in writing by notice to Harrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U_S. $ 633.13 .This amount will be part of a larger monthly payment required by the Security Instrument, that shalt be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Horrower together with this Note, the covenants of the allonge shall be incozporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ^ Graduated Payment Allonge ~ Growing Equity Allonge ~ Other [specify] 11951647 11951647 FHA Iona Fizcd Rafc nIote - 10/95 -1R(lAj (oaoa~.oi VMP MoQgage Solutions, Inc. (800}525-7291 Pa3e 1 0! 3 Inl6als: ~ C ~ ~~ EXHI d a a 9 5. B ORRO WER' S RIGHT. TO PREPAY -- - - Bon ower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender a~ees in writing to those changes. G. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four ~1nd zero/100 percent ( 4 . t)t)t) %) of the overdue amount of each payment. (Ii) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in fu[t in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs 2nd Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the e~:tent not prohibited by applicable law. Stich fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Pr esentment" means the right to require Lender to demand payment of amounts due. "N otice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note tis~ill be given by delivering it or by mailing it by first class mail to Borrower at the property address above. or at a ,different. address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS 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 in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay al] of the amounts owed under this Note. 11951647 ~•1R(IA) (oaoa).os Pie 2 or s 11951647 mtoais~~ c~ IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THiS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WItIT'ING AItE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAYBE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNIl~tG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note, (Seal) CHARr.IE yr, TIES -Borrower _ (Seal) -Borrower :WITHOUT RECOURSE, PAY TO THE ORDER OF GUARANn BANK, F.S.B. (~S MORTGAGE, L.L.G. (Seal) -Bo-rower LEEK . LEMMON VICE PRESIDENT WITHOUT RE OURSE, PAY TO THE ~ RDER OF GIJARANTY ANK. F.S.B. ~, LLC, Limited ability Company i Arlee J. Lemmon Vice- resident 11951647 -1R(IA) lonoa~.o~ _ (Seal) -Borrower ( /~/) /~ • / /~. (Seal) CHRISTI2~, Yai'. TIES -Borrower ~{ G~?. _ (seal) -Borrower _ (Seal) -Borrower Pay to the orderof ~x~oo~ ~~ J.P. Morgan Chase Bank, N.A. By i Z u Virv n at;~an~ (Seal) -Bozmwer PAY TO THE ORDER OF .~PI4~o~~ Chas$ ITk OUT RECOURSE GU TY A~~S.B. ~~ Arleen J. Le on Vice-President [Sie Oriel na1 Only] 11951647 Pie 3 of 3 ,1 ~, ~ u~ ~~~ 111111 111111 III IIIII 11111 IIIII Illll I IIII IIIII IIIII III IIIII IIIII IIIII UII l<II Doc TD: 005967020009 Type: QEN Recorded: 04/11/2008 at 09:55:32 AM Fee Amt: $47.00 Pape 1 of 9 Dubuque County Iowa / Kathy Flynn Thurlow Recorder Fi1e2008-000049G4 tl6ove Tbls Line For Recording Data) Prepared By: Wendy Kunisch 10 North Roselle Road Roselle, IL 60172 (630) 671-3626 Return. To: Guaranty Bank, F.S.B. P.O. Box 245022 Milwaukee, WI 53224 Attn: Doc Control Dept. Full Legal Description located on page 2 Fk1A, Case No. State of Iowa MOP..TCA~E FR-161-2325233-703 MIN 100016500007669509 THIS MORTGAGE ("Security Instrument") is given on April 04, 2006 The Mortgagor i5 CHARLIE W. TIES and CHRISTINA ~. ~T~IES, ~-HIISBAND AND WIFE: ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. GB Mortgage , LI.C 11951647 IoR~a Mortgage `vitL 11'dERS - 4/96 Wolter •I wer Fnancial5ervices VMP ©-4N(IA) (osos~ Amcndcd 5/04 Pie 7 of 9 Infllals:_~~G~ EX ~T 11951647 u D 3 ~ ~ ~7- ~~ii ~~ n ("Lender") is organized and existing under the laws of Wisconsin ~ and has an address of 10 North Roselle Road, Roselle, IL 60172 Harrower owes Lender the principal sum of One Hundred Seven Thousand Thirty One And Zero/100 Dollars (U.S. $ 107,031.00 )• This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on May 01, 2036 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Horrower does hereby mortgage, grant and convey to HERS (solely as nominee for Lender and Lender`s successors and assigns) and to the successors and assigns of MERS the following described property located in Dubuque County, Iowa: LOT 3 OF LOT 4 OF GIGER'S SUBDIVISION; IN THE CITY OF DIIBIIQIIE, DIIBIIQt3E COLTIdTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, (ALSO KI30WN AND DESCRIBED AS LOT 3 OF LOT 4 OF GEIGER'S AND GEIGER'S SUBDIVISION). Parcel ID Number: 1013405016 which has the address of 714 RIES STREET [suect] Dubuque [city], Iowa 52001 (zip cone] ("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.- Al1T•replacemcnts and-additions shall- also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment oT Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late chazges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the 11951647 ,1951547 InlUair. " v1 VMP ®-dN(IA) ~osoe) Pa3e 2 0' 9 ~, / Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Finds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seg. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage instuance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. AppIieation of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, at}d contingencies, including fire,;fQrwhich;;,,~.;, Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinD fishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 11951647 1951647 lnltlals~~_ VMP ~-4N(lA) tosoe) °aga3 of 9 CT 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower`s principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower`s control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. 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 connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower`s occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. 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 place 'of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not ca;tend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these pa}ments or the payments required by.paragraph 2, or fails to perform any other 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 banl.-ruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender' s rights.in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender` under this paragraph shall become an additional debt of Borrower and 'be • secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 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 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instnrment if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirt}~ days, to perform any other obligations contained in this Security Instrument. 11951647 ~y,~1951647 Inil}ais: ( ~~ ~/(V(P '~-4~~(Ei~ (0608) Page4 of 9 ~ l (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341 (d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, requ'vre immediate payment in full of all sums secured by this Security Instrument if: (i) A11 or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Properly but his or hc;r credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to requite immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage ,Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof; Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. IU. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required imrediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement .will.adverselyaffect the priority,; of the lien created by this Security Instrument. 11. Borravver Not Released; Forbearance By Lender Nat a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any tight or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower`s covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument 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 Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without that Borrower's consent. I3. 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 law 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 11.951647 S-'-~-1951647 i~weis. VMP ~-4N(IA) loeoal Pie 5 of 9 ~~ r~r `.! given by first class mail to Lender's address stated herein or any 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 pazagraph. 14. Governing La~v; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable la~v, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borro~ver's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Qe or release 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storab , of any Hazardous Substances on or in the Property. 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 no aenperally the presence, use, or storage on the Property of small quantities of Hazardous Substances that aze b 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 and 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 remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender`s agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assiprynment of rents constitutes an absolute assignment and not an assignment for additional security only. _ If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower,as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Leader shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender' s agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after gitZng notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 1$. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Famil}' Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights othez-rvise available to a Lender under this Paragraph 18 or applicable lativ. ~~ 119516471951647 Initials: VMP 0.4N(IA) toaoe} Page s of s `r 1. 19. Release. Upon_payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 20. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of. exemption as to the Property. 21. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right 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 deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 21 shall be construed to conform to the provisions of Sections 628.26 and 62827 of the Code of. Iowa. ZZ. Riders to this Security Instrument. Tf one or more riders are executed by Borrower and recorded together vyith this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. jCheek applicable box(es)]. Condominium Rider ^ Growing Equity Rider 0 Other [specify] Planned Unit Development Rider ^ Crraduated Payment Rider 23. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OE CREDITORS AND EXEMPT PROM JUDICLAI. SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION TOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. ~~' Borrower CHARLIE W. TIES Date Borrower CHRISTINA ~. CUES Date Borrower ~ Date Borrovrcr ~' Date Borrower Date Borrower Borrower Date Borrower 11951697 Date Dace 11951647 VMP ~-4N(fA) {oeoe~ Pie 7 of 9 _.._~Y SIGNING BELOW, Borrower accepts and agrees to the terms contained_an this_Secwrity Instrument and in any rider(s) executed by Borrower and recorded vsrith it. Witnesses: r ~/' r (Seal) CHARLIE W . TIES -borrower i~.gsi64~ _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower t ~J /(~ mss! ~L9rs (Seal) CHRISTINA ~. TIES -Borrower A c-r., k" _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower zz9s~.6~~ VMP ®-4N({A) {osos{ Pie a of s STAT~• OF IOWA, ~~I~ • County ss: - On this 4th day of April, 2008 ,before me, a Notaryblic in e State of Iowa, personally appeared CEiARLTE W. TIES and CHRISTINA ~. TIES i ~~~~ `v~~ , ~, 'v L- to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their voluntary act and deed. My Commission Irxpires: ~ ~DI ~ ~~ - - rl Evan J. Starcevic State of Iowa ~.- ~f~d^ Notary Public Commission Number 75os ~~ 't: '• ; My Commission Expires 01109120•.. 11951547 VMP 0-4N(lA} tosoa~ /~ ~ ~ Notary Public in and for said County and Slate 11951547 Pie 9 or 9 cT c~` Loan /f1847234975 CHASE ! i Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380 Collections Department 1-800-582-0542 TDD/Text Telephone January 16, 2009 Certified Mail Return Receipt Requested CHARLIE W. TIES AND CHRISTINA A. TIES 714 RTES ST DUBUQUE, IA 52001 RE: Loan Number 1847234975 DEAR CHARLIE W. TIES AND CHRISTINA A. TIES: Chase Home Finance LLC ("Chase") services the referenced loan account (the "Loan"). This letter is intended to advise you that a default has occurred with respect to the Loan as a result of a failure to make payments in the time and manner specified in the underlying Note and Mortgage/Security Deed. Notice: Chase recognizes that you have received a Chapter 7 bankruptcy discharge and your discharge relieves you of all personal liability on the Loan. This is not an attempt to collect this debt from you personally. We are in no way attempting to revive your personal liability on your obligation. We do retain the right, however, despite the discharge, to enforce our security interest against the Property by foreclosing if a default exists. As of the date of this notice, the amount of the debt that we are seeking to collect is $6,348.42, which includes the sum of payments that have come due on and after the date of default, any late charges, periodic adjustments to the payment amount (if applicable), and expenses of collection permitted by your loan documents or applicable law. Because late charges and other charges or credits may vary from day to day, or be assessed during the legal processing of this letter, the amount due on the day that you pay may be greater. Please contact us at the number provided below on the day that you intend to pay the full amount owed on your account. This letter is not intended as a payoff statement for your mortgage; it merely states an amount necessary to cure the current delinquency. Action required to cure the default: You must pay the total amount set forth above thirty-seven (37) days from the date of this notice in order to cure this default, and avoid acceleration and foreclosure. If you fail to cure the default on or before thirty-seven (37) days from the date of this notice, Chase Home Finance LLC will accelerate the maturity of the Loan, declare all sums secured by the Mortgage immediately due and payable, and take steps to terminate your ownership interest in the Property by commencing foreclosure proceedings or taking other action to seize the Property. If this EX BIT :~ D CHASE ! i CHARLIE W. TIES AND CHRISTINA A. TIES January 16, 2009 Page 2 happens, Chase Home Finance LLC will be entitled to collect its expenses incurred in pursuing the remedies provided in the Mortgage, which may include but not be limited to, allowable foreclosure/attorney fees, and other expenses permitted by your loan documents or applicable law. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to bring a court action to assert the non-existence of a default, or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 3 above due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees related to any foreclosure action we initiate. Accounts not including an escrow monthly deposit may not reflect the entire escrow amount advanced and due on the Loan. The total amount due set forth above is required to be paid in the form of a cashier's check or certified funds and should be remitted to: Regular Mail: Chase Home Finance LLC P.O. Box 9001871 Louisville, KY 40290-1871 Overnight: Chase Home Finance LLC 6716 Grade Lane, Building 9 Louisville, KY 40213-1407 We are under no obligation to accept less than the full amount owed. However, if you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings as permitted by your loan documents or applicable law. If you are unable to pay the amount past due, Chase Home Finance LLC has a variety of loss mitigation programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at 1-800-848-9380. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection, the property condition, occupancy status, and possibly your plans for curing the default and paying this Loan on time. You should anticipate that any costs incurred by Chase Home Finance LLC will be added to the amount you now owe if permitted by your loan documents or applicable law, except in the state of Maryland. C~IA~E ! i CHARLIE W. TIES AND CHRISTINA A. TIES January 16, 2009 Page 3 If you have any questions concerning the above, please contact a Customer Care Professional in writing at 3415 Vision Drive, Columbus, OH 43219-6009, or by telephone at 1-800-848-9380. Chase Home Finance LLC does not offer homeownership counseling services to borrowers. Such counseling is available through a variety of non-profit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll-free at 1-800-569-4287. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. If you are currently a debtor in bankruptcy proceedings and subject to the protections of the automatic stay, this notice is for compliance and/or informational purposes only and not an attempt to impose personal liability for the debt in violation of the bankruptcy laws. California Customers: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgement. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. Colorado Customers: You may contact the Colorado Foreclosure hotline at 1-877-601-4673 or a Chase Loss Mitigation specialist at 1-877-838-1882 to discuss alternatives to Foreclosure. Maine Customers: You are deemed to have been given this notice on the earlier of (i) the date you actually receive this letter, or (ii} the fifth (5th) calendar day from the date of this letter. New Jersey Customers: In the event we commence a foreclosure proceeding against you, you will still have a right to cure the default prior to entry of the foreclosure judgment pursuant to Section 5 of the Fair Foreclosure Act; however, you will be responsible for our court costs and attorney fees in an amount not to exceed the amount permitted pursuant to the Rules Governing the Courts of the State of New Jersey. CHASE ! i CHARLIE W. TIES AND CHRISTINA A. TIES January 16, 2009 Page 4 In the event that you transfer the Property to another person, the transfer is subject to our rights under the Mortgage. The new owner of the Property may have the right to cure the default as provided in the Fair Foreclosure Act. You are advised to seek counsel from an attorney of your own choosing concerning this mortgage default situation. If you are unable to obtain an attorney, you may communicate with the New Jersey Bar Association or Lawyer Referral Service in the county in which the Property is located. If you are unable to afford an attorney, you may communicate with the Legal Services Office in the county in which the Property is located. You are advised of the possible availability of financial assistance for curing a default from programs operated by the State or Federal government or nonprofit organizations, if any, as identified by the Commissioner of Banking and Insurance. If you disagree with our assertion that a default has occurred or the correctness of our calculation of the amount required to cure the default, you may contact: Chase Home Finance LLC Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380 New York Customers: We recently sent you a notice that is required under New York law that you are at risk of losing your home due to delinquency, and that you have several options available to you that may help you keep your home. The notice provided that if the delinquency was not resolved within ninety (90) days from the date that notice was mailed, we may commence legal action against you. The law does not require us to wait until the end of the ninety-day period before sending you this thirty (30} day demand letter. You still have the full ninety (90) days from the date that notice was mailed to resolve the delinquency before we will commence legal action. Sincerely, Collections Department Chase Home Finance LLC CERTIFIED MAIL: Return Receipt Requested and First Class Mail 132 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY CHASE HOME FINANCE LLC, EQUITY NO. Plaintiff, vs. ATTORNEY'S FEE AFFIDAVIT CHARLIE W. TIES, CHRISTINA A. TIES, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CITY OF DUBUQUE and PARTIES IN POSSESSION, Defendants. STATE OF IOWA ) ss: COUNTY OF POLK ) I, Mark D. Walz, being first duly sworn on oath, hereby depose and state that I am a member of the firm of Davis, Brown, Koehn, Shors & Roberts, P.C., the attorneys for the Plaintiff in the above-entitled cause; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am a regularly practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, express or implied between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein. -~ EXHIBIT "~" 925839 1 DOC ~~,/ ~' Mark D. Walz ~ ,' i I, Subscribed and sworn to before me this a u day of ~D~-C~"1 ~ , 2009. ~C~. ~ ~~ Notary Public, State of Iowa r---- -----_.- ,n,. ~~aca n~. got-c~ s: s~ '~~~ ~ Commission Numbor 722279 '~;;~ My Co nission Ex fires ~oW~ ~• r~ .n~