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Claim by Deutsche Bank National Trust Co.IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS - THROUGH CERTIFICATES SERIES 2007-A, Plaintiff, vS. MAITHA JOLET, ROSALIE JOLET, AAA COLLECTIONS, INC., CITY OF DUBUQUE, IOWA, STATE OF IOWA, DALINA BETWELL, FIRST AMERICAN INVESTEMENT LLC and PARTIES IN POSSESSION, Defendants. EQUITY NO. / .) 11 Cat. e ORIGINAL NOTICE 'i'1 92�.� CZ I TI TO THE ABOVE -NAMED DEFENDANT: City of Dubuque, Iowa You are notified there was on the S"-- day of , k2,(, , 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 Matthew E. Laughlin, whose address is The Davis Brown Tower, 215 10th Street, Suite 1300, Des Moines, Iowa 50309-3993, Phone: (515) 288-2500, Facsimile: (515) 243- 0654. 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 may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 563-589- 4433. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) �J y /y/l li assistance of auxiliary aids or ser!ices is required to participate in court due to a disability such as nearing impaired, call the Americans With Disabilities coordinator hone at (319) 833-3332. If you are in need of dual party P relay services, call Relay Iowa TTY at 1-800-735-2942. IMPORTANT Clerk of the above Court Dubuque County Courthouse Dubuque, Iowa YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. #577658 ~j~~/~~, IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ~~~~y DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-A, Plaintiff, vs. MAITHA JOLET, ROSALIE JOLET, AAA COLLECTIONS, INC., CITY OF DUBUQUE, IOWA, STATE OF IOWA, DALINA BETWELL, FIRST AMERICAN INVESTEMENT LLC and PARTIES IN POSSESSION, Defendants. EQUITY NO. ~ `' j ~/ C'C~ i < ~ ~ ~j 7 p ;; ~.- ORIGINAL NOTICE r~, S. -, _ • J .:' r 1 ~ - C_.J 1 ~... I ( - ~) _:_: ; .Y - ~~ Cj,7 (") TO THE ABOVE-NAMED DEFENDANT: City of Dubuque, Iowa You are notified there was on the ti day of m ~ 2~ ~-1' , 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 Matthew E. Laughlin, whose address is The Davis Brown Tower, 215 10th Street, Suite 1300, Des Moines, Iowa 50309-3993, Phone: (515) 288-2500, Facsimile: (515) 243- 0654. 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 may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 563-589- 4433. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) Clerk of the above Court .,; t du ~^ iii ~ "::` Dubuque County Courthouse c,;,; ~:. -.., :-~' uie Americans ~~i'oto ice..:.. Dubuque, Iowa at (31';) 333-3332. ff you are in need ct tiuai ,7wr~J ie~i;e~ot,a relay >~erveces, call Reiay Iowa TTY at 1-800-735-~94 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. #577658 i IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-A, Plaintiff, vs. MAITHA JOLET, ROSALIE JOLET, AAA COLLECTIONS, INC., CITY OF DUBUQUE, IOWA, STATE OF IOWA, DALINA BETWELL, FIRST AMERICAN INVESTEMENT LLC and PARTIES IN POSSESSION, EQUITY NO. L `~'C `/ ~ Cj FORECLOSURE PETITION 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 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 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, Deutsche Bank National Trust Company, as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series #1656346 2007-A, and respectfully states to the Court the following as its cause of action against the Defendants: The Plaintiff, Deutsche Bank National Trust Company, as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2007- A, elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this action is not used for an agricultural purpose. The mortgaged property is aone-family or two-family dwelling. 2. The Plaintiff, Deutsche Bank National Trust Company, as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2007- A, is a corporation duly authorized to transact business in the State of Iowa. 3. The Defendants, Maitha Jolet and Rosalie Jolet, are a married couple and are residents of Dubuque County, Iowa. 4. The Defendant, AAA Collections, 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 a judgment entered June 1 1, 2001 in Case No. SCSC044892, which is prior in time but listed because it is believed that the judgment has been satisfied but not released of record. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. The Defendant, City of Dubuque, Iowa, 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 a judgment entered April 19, 2006 in Case No. DUSTWE748089, which is prior in time but listed because it is believed that the judgment has 2 been satisfied but not released of record. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 6. The Defendant, State of Iowa, 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 entered May 26, 2006 in Case No. DRCV095807, entered March 1, 2007 in Case Nos. NTWE765225 and STWE765224. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. The Defendant, Dalina Betwell, 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 a child support judgment entered May 26, 2006 in Case No. DRCV095807. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 8. The Defendant, First American Investement LLC, 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 a judgment entered December 18, 2008 in Case No. SCSC063564. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 9. 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 may be 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. 10. On or about November 13, 2006, the Defendants, Maitha Jolet and Rosalie Jolet, executed and delivered to Mortgage Electronic Registration Systems, Inc. solely as nominee for Popular Financial Services, LLC, one certain Promissory Note in the principal sum of Eighty- one Thousand Six Hundred Five and 00/100 Dollars ($81,605.00). A copy of the Note is attached hereto as Exhibit "A" and by this reference incorporated herein. 11. To secure payment of the Note, the Defendants, Maitha Jolet and Rosalie Jolet, executed and delivered to Mortgage Electronic Registration Systems, Inc. solely as nominee for Popular Financial Services, LLC one certain Purchase Money Mortgage dated November 13, 2006, which Mortgage was filed on November 28, 2006, in Document No. 2006-00018398 of the Dubuque County Recorder's Office, upon the following-described real estate, to-wit: Lot 4 in Scharle Subdivision, in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats #5, page 127, records of Dubuque County, Iowa, subject to, together with and including easements and agreements of record. Situated in Dubuque County, Iowa 12. 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. 13. Mortgage Electronic Registration Systems, Inc. solely as nominee for Popular Financial Services, LLC sold, assigned and delivered to Deutsche Bank National Trust Company, as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2007-A the Note and Mortgage referred to herein as Exhibits "A" and "B". 14. 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 maybe foreclosed. 4 15. The Defendants, Maitha Jolet and Rosalie Jolet, have failed to pay the Note and interest thereon as provided by the terms of the Note. 16. 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. 17. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of Eighty Thousand Six Hundred Sixty-five and 88/100 Dollars ($80,665.88), which is the principal balance, plus interest calculated at the default rate of 9.11 per annum from August 1, 2008. Interest accrues on the said sum at the rate of $33.15 per day. 18. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of $200.00, escrow advances, corporate advances and late charges, to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 9.11 % 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. 19. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has been made for payment, and payment has been refused. 20. Under the terms of the Mortgage a receiver maybe appointed. 21. 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. 22. The Plaintiff hereby waives their right to a deficiency judgment. 23. Under the terms of said Note and Mortgage, the Defendants, Maitha Jolet and Rosalie Jolet, 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, Deutsche Bank National Trust Company, as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2007-A, prays for judgment in rem against the real estate described above, for the sum of Eighty Thousand Six Hundred Sixty-five and 88/100 Dollars ($80,665.88), which is the principal balance, plus interest thereon at the rate of 9.11% per annum from August 1, 2008, such amount equaling $33.15 per day, the costs of this action, including title costs of $200.00, escrow advances, corporate advances, late charges, 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 November 13, 2006, 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. M~fttfe~6v hlin\(AT0004515) e Davis B own Tower 215 10th Str et, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 ATTORNEY FOR THE PLAINTIFF 7 OF COUNSEL: DAMS, BROWN, KOEHN, SHORS & ROBERTS, P.C. The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 8 ADJLJS"f'ABLE RATE NOTE {I,IBORtade:-P.ascCeps) t•LIN 1000456-OD00847390-3 THIS NOTE CONTAINS PROYISIOAIS ALLOWING } OR CHANGES IN hfY II«"fERE.s•I' RATE AIYP hiY MOI•"I'HI.Y PAYMFJrT. THIS *tOTE I.IhtI"f5 THE AMOL'RT MY INTEREST RATE CAN CHANGB AT AKY ONB TIME AND TAE MAXIMUM RATE I MfUS'T PAY. Kov~tther 13. 2006 DUBUQUc IR 1911 Johnson Street .Du~auque ,IA 52001- fir ~~1 I. BORROWER'S PROMISE TO PAY Ia rttttra for a toga chat I have received, T proatiu to pay U.S. S 81, 505.00 {this amount is aped "P,;nc;~ai"), ptt>s tnt«zat, to tnc ot~a~t ortr~ I~nazx• Tttz trtia~ xi popular Financial Serve ces . LLB I will make all payments srndtt t3is Note is the foam of cash, check of money order. I understand that ibe i,ender tTmy transfer this Hots. The I.tndtr err anyone who takes this Note by rramftr and wba is eatitlcd to rettivt payments under this Nou is ealied the "Note Hoidc.° 2. II~TEREST Interest will be charged oa tmpaid principal tiatil tBe fall atnottttt ofPiincipal has beta paid. I wi'21 pay imtrcat at.n yearly sate of ~ , i l DO °!o. Theituctest rate t avilt pay may ohsagt in accordance with Sectitm 4 of this Nou. The interrst rau regctirtd by this Section 2 and Section L of this Nate is the rate I will pay bath befim nttd after any dcfauh dcscnba! in.5ectian 7{B) of this Noce. 3. PAYMENTS {A) Time and Place at Paytnenia I will pay priffiipal tad .iateTeat by making apaymtm evtsy month. t Witt mn7ce say rs>datlily paymt~tts on tht 5sst day of each tuoath begutuiag on January 1. 2007 .I wit) mtalce then paymenn every month until ?< ba4t .psrid nU of tfu principa3 and.intetext aa<I say other chargu desrnbed below that i tray owe under this Nau. Each tttaathly payttttnt wi11 br applied es of its scheduled due Batt-and will be applied to iitte7rst before Principal. I$ as December 1.. 20~b I stilt owl aatounn under this Note, ]will pay thost amouata in full on that eau, which.is zaIled the "Maturity Date" Iwilimakttnyamnshfypayatrntatt 3D1 L~ppil~cott Drive. Ntarlton, NJ 08053 or et a different place if requital by Ilse Kota Haider. (kT) Amoant of My Initlal:Manidty Psyctents Fsch ofmy initiat monthly payments will be in 2}ie amount of U.S. S b63.08 'F2tis amount ~Y clmngc. iC) Monthly Psytttent Clttsngts Chattgth in say nwnttsty paymem will re[leet elmnget is the unpaid piineipnl of my loan. and is the itstrnat rate that I must gay. T1ic Nou Hcltitr will dtrermine my tiew inurrsrtete and the changed amotmr of ray tat:nttily payment is accordance with Seat3on 4 of this Note. 0063240] YtrLTRT1lTt? AaJtl3T/1Lttf Al~rE N9TE • t~OA 9~toFX •EMpir fieYty. Fn6dle iba KJOfFtI;>? Mf3T'Ri2riENT Yapet Of <~ 3S4DitSH a70U~ aN[iLCO(eev 7riLtIG} trrnxrrlrDtEAIULTI rTA7It y;~ EXHIBIT ranitnn•~r tttftPP29i8 ~ I~ ddiiiII~S OO~LT 9002-SI-hOtl 4. INTEREST RATE AND hIOAITALY PA4'MENT CHANGES {A) Change Dates The iattrat fate 1 wi13 pay may change oa the fast day of D2celrber . 2008 ,and on that day every aizth rr~ts[h tltetsafler. Each daft on wltich my inttrrst rnte could change is called a 'Change Daze." (B} The Indez $eginning with the first Change Daze, my interest rate will lx based on en Indez. Tht "Index" is the avtmge of interbank offersd rates for six-month U.S. dofler-deaotninatcd deposits in tbt London market ("I.IBOIt") as"published is The Wall Srrea Journal. The most recent Index ftgurc available as of the firtt Zntainess day of the month immediately prrxsding the month in wttith the Change Dare occurs is called the "Glureat Indez.' to infosatation. The Notc if tM index is an longer nvaila6le, the Nate Haider affil choose a new index that is based upon cotttpatzb Holder will give me aotiu of this eboia. {C) CaieuLtion of Cbsarses 73cftm each Ctungt Date, the itiozr Holder wsll caitulate my raze' intrnst rate by adding Six and One / Hd 3 f percentage poinu ( b .5000 %} to dte Cttrrrnt iad~. the xou Holdu wi11 thm round tho result of this addition to the next highestone-eighth of one percentage point (0. 125 %). Subjxt to rho Baits stated in Satioa 4(D) below, This mended amount will be my new interest ram until the ttcxt Change Date. The Nou Holder will then dttttatine the amount of the monthly payment that would be wfHcicnt ro repay the unpaid Principal that [ am expected to owe at the Change Date in full on the Maturity Datt at my new interest raft in substantially equal paymtntt. The trsutt of this calculation will be the new anrount of my monthly payment (D} I,lmtu on Interest iRatt Changes }2.1100 9'° or less Tltc inttzsst rate I am regnirul to pay at tlse fim Changt Dau will not lz gresur there than 9.2104 % TheszaRar, mY inursst tau will never be increased ar deceased on any single Change Date by tsars than one a~ one half perceaage poian (t.508 %} from the tau of itttetsst 1 have been paying for the preceding nix months. My iaurui rate wii] never be greater than 23.2200 % or less titan 9.2100 /. over the life of the loan. {~ Etfeetive Date of Chsaga My new inttrrst rate wit71>Grome et'rtctive an each Ctsange Daze. I will pay the amount of sty new tttaatltly paymaf: ixguming oa tlx: fast monthly payttssnt daft a&er the Cluaage Date uttil the emotmt of my monthly payment thnaga again. (It} Nafice of Chnreges Tlse Nou Hofder wilt deliver or mail to the a trotia of any changes in my iatestat tau and the atssaum of my moutttly paymen before fire effective date of any change. The twtice wilt inchtde infmtuntion required by law to be given Inc and also the title and ulephoac mmtber of a prnoa who vvt71 urstver nay question I may have r>:gmding the twtice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make psysaerrts of Principal at any tint before they are dtx. A paytacn of Principal only is koown as a ^Prepayment" What I make n Ptepayatem, f will tell the Note Holders writing that I am doing so. f tray not dcsigaate a payntan as a Prtpaytnent if I have not trade nil thetuortthly paynterts d~ trader the Note. - l tray make a fuU Prepaymern ar partial Pregsnymenii without ptryirsg any Prepayment chtuge. The Nou Holder wiU test my Prepayuteaut to reduce the armottat of Principal that I owe uztder this Notes However, the Nau Haldtx tray apply eery Ptspaytrtent to the acervrd sad unpaid itttsrnt on the Prepnynsent amount before applying my Pttpayatent to rt~tee flu Principal amount of the Nou. If 1 make n partial Prepayment, these wiU be no changes in the clue dazes of my monthly paymtats unless the Nau Holder agues in writing to thou changes. My partial Prepayment may 'reduce the nmvtms of my tnoathlY paYmean aSer tht 6rsi Chttttgs Dau following trey partial Prepayment However, any reduction due to my partial Prepayment stay be offset by an inttrest rats increase b. LOAN CHARGES If a Iaw, which applia ro this loan need which stn amxitarmt ben charges, is rurally iatespreud sa that tha i~t of athtx Iona charges eolleeud ar to be collected in eoaixttion with thit loan exceed the perositttd limits, titan: (a} any such loan charges shall be rednted try the arts0ust tucesaary to rodtnx dta ~ ro the permitted limit; [tea (b} any caass already coUarod fiom me wfrieh exceeded permitted timin will be refunded m tae. The Nau Holds may choose ro make thin refund by redtstirsg the pzixipni I owe under thin Nou err by making n direct payment to me. If a refund redtra Principal, the reduerion will be areated as a partial PtspaytrttM. OOfi32407 1794tt1N U900nfnt aTltL06 (m' 71Ia+0aI (utarrrTKnL Wt11r rTATtt K¢2td4 t~ ts+axn rnestt: ~~ ranrrnn•a los,eezsl$ 3'IdI1 ZS~Jid ,t,il~s oo:al 9002-ET-AON 7. BOtIR0~1'ER'S FAILURE TO PAY AS REQUIRED (A) Late Ch><rBes for Overdue Psymenb 1 f the Note Nolder has not received tht full amount of any tttoatb}y paymrnt by the exid of 15 calendar days nfL-r the dale it is due, t wiB pay a late charge to the Nose Holder. Tbt atnouns of the charge will be 5. DDDD S'. of my overdue pnymcnt of prineipa! and interest I wit! pay this late chargt proatptty but only ottt:e an earb late paytneat. (8) Default f f I do not pay tlG frsll asrtosvt of cash monthly payment oa the date it is due, I witi be in default (C) Notice of Default If I am in default, the Nou Holdcz may. aettd me a written Is6ticr telling me that if I do eat pay she ovcrdtte nmouat by a ccrtaia dzte, she Note Holder may rrs{ttire the to pay immediauly the full smaunt of Prirscipal which has tint been paid ts~ a!1 tfie inmrsut that I owe on that amount Tbat date must be at least 30 dayb after the dau oa which the notice is uuiit:d to me or dclivetzti by other mans. (D) No Walvtr By Notr Holder Evrn i~ nt a tits:e I Inn in default, the Nate Holder does not require the to Pey immediately in foil as dracn'bed about, the Note Holder will atilt have the right to do w if I not in default sl a tatty time. (E) Paymtnt oS Note 13oldtr's Costs and Expcasa if the Notc Holder has required stu to pry in full as descn'bcd about, the Nou Holder will have the right to be paid ba:.k try me for all of its cusp and expcases in enrarcing thin Nose to the extrnt not prohibited by applicable law. Thasc apetucs inchtde, for example, rszsottable atsnsaeya' fees. 8. GIVING OF NOTICES Uolus applicable law requit+q a di$treai method, any notice that must be givta to me undo this Nott will be given by detivtntng it err by mailing it by fast class mail to me at the Ptapcrty Address above tx nt a diffettstt address if7 give the Note Holder a >wtitz of my different address. Any notice That mast be givca to the Nutt Hatdet ttadtt this Note will be given by delivering it or by tnaiiing it by first class melt to the Nou Holder at ibc addras stated in Section 3{A) about or at a difftmst atldt~s if I am given a aosiu of that different address. 9. OHLiGATtONS OF PEILSONS UNDEit THIS NOTE Tf more than one pe:rsan signs this Nora, each person is fatly end petso>mlly obligated w kxp all of the: pratnises ttsade in this Note, inchtding the premise to pay t}tr full amaunt owed. Aay person wbo is a gttarantar, starry or eadorac of this Nosh is aisa obligated to do thex things. Azry person who raters over these obligations, inchtdaeg the abligetiens of a gwtraator, rotary or endorser of this Note, is also obligei~ to keep ell of the promises nude in this Note. Tht Hots Haider may eafttrce its rights larder this Ntm agttiast each person individually or agaims all of us togrtber. This mean that any tine of us may be szgni2d m pay ail of the atttatmts owed tmdrx this Note. . 1D. WAIVERS I and any ather petsan who has obGgntiona tinder this Nate waive the rights of t*resemmemt and Notice of Dishonor. "Ptpeaimtttt" means the right te] require the Nou Holder to demand payment of amotsats due. "Norio of Dishotor" tnsxtts tlx right to tcquirt: the Note Holtkr to give ttosice to ether penom that tstttoentu due have not beet paid. 1 t. UNIFORM SECURID NOTE This Nou is a uttifOrm imtrtssne:tt with limited vntias%oas in same jtuisdictions. In addition tD the pzouctiosu given to the Nose Raldtr tmdtr this Nou, a Msxtgege, Ikod of Tntst m Security Dad {the "Security Iasttttmextt'~, dated the same tiara as this Nou, protxtt the Nou Fiotdea from posu3le losses which might Irststt if I do scot keep the prtxnisrs that 7 runlet: is thin Ntru. That Stxeriry Ituauauat describes haw amf larder what co~itiotrs I may be requirtd to make itstmediate paytatcai in Cv11 of all antomus I owe trades shin Nou. Some of thou conditions an dcsa~ibed m failows: 4U4JC4D! F.en ]59t ]l77 3St!Ga t:N AR ] of ~ tdtak: I 0500D1 IIfW0(tn 7rtaAay ~~ n12LYir POTY MLII.SI arwtp i F'orvrrln~,t tnEtEEZ918 3'I1I.l .tb?IT.~ 7lZf$fL?3S O©tLt 9002-EI-AOH Transfer of the Property or a Bencfleial Jnterest ]n Bnnowtr. if all or any part of the Property or any In',crrst in the Property is Bald or transferred (or if Bosrowc is tms a natural person and a beneficial iatrYess in 13orrov+h is sold or nartsfcrred) without Lender's prior writsea eoascnt, ].rnda aey requiro immediate paytnrnt is Br11 of nu stuns setssred by this Security lramtment. However, this option shall not be eternised trY Lender if extrcisc is protu~ited by Appticabie Law. Linder also shall not cxereise this option iF (n) Borrower carats to be subtnin='d ro Leader iafosatasion required by Leader to evaluate the intended tsasssferec m if n new loan were besug ands to the trasuft7ze; and {b) Lender seasonahly determines that Leach's security wiFl not be issspairc! by t}x loan assumption and that tht risk of n lxtach of nay aoventat or agreement in this Security rnstrum'..ni is acecptnbk to Lctder. To the extras permitcsd by Applicable Law, ].ender may chflrse a reasonahle Eea nn a condition to Lende.'s consent to t1>s town auurttptioa. Lerxla may also rtx{uire the transferee to sigt nn assscmptioa agmmeru that is xccptabie to Lender and that obrigaus the transfaec to keep ati the prosnisa and ngreemrnts made in the Clore and in this Set:utisty ]aStrturKltL 13orrowa will tontinuc to he obligaud under the Nate end this Smairy tastttutxnt unless Lends releases Borrower in writing. If I.esxdcr exercises the option to nquirt itnmediatc paytnettt in full, Lh~a shall glut Hosrower notice of acceleration The notice shall provide a period of not kss than 34 days from tht date the notice is givrn in accordance with Sxtion l5 within which Borrower must pay ell sums secured by this Scurity Iasaument, tf Borrow_r fails to pay Chest sums prior co the expiation of this period, Lender may invoke any rcmcdia pemuncd lry this Seeuriry lmtrumens without further notice or demand oa Borrowh. I2. IrrIPOIt7ANT: RFrW SEFORB SIGNL`IG. TIiL' TERMS OF THIS AGREEI~IEh~' SHOULD BB READ CAREFULLY BECAUSE ONLY THOSE TERMS 121 VFRITTNG ARE Eh'FORCEABL?F?. NO OT'EIER TERh'LS OR ORAL PROMISES NOT CONTAINED JN T'IIIS WRI'J'JEN CONTRACT MAYBE LEGALLY ENFORCED, S'OU MAY CHA7IGE THE TERMS OF TENS AGREEMEItT ONLY BY ANOTfffi2 vVRiTTFS1AGF~EEMEhT. WJTNESS THE HANDS) SE~~ff~JAL~~{S~~) OF THE UNDERSIGNED. ~L.tifJ yam, t {Sun ~ 1~~~ (Sea!} Ma i tha Jol et "$`"'°'"" Aosa 1 i e Jul et 'e0C9M'" .~ I .ears {sears {star) •tksmxr -9erorv fstan {stal} .e,,,o„,~ .~.~. 00632407 Is+lm on-rl lssasssn t+e + d ~ s..~ ssss s+» asaons ms+ooU..~ma~o61 arusm Wars wu~n sr~ ran~4nn•,t tnvtrt7+itR TIZIi ZS~IId iid!?:I1103S OOtLr 9002-Er-AOH 1 3RUE ~ ~~ ~OpY pF'I}IE ORIGIIIAL !Space Above TMs Line For Recording Dial Prcpared By: Shalene Toupal 30] Lippincott Drive Marlton. NJ 08053 {SOD) 46i-8643 Rctum To: Popular Financial services, LLC 30I Lippincott Drive, ~farltan, NJ 08053 Full Legs} Description located an pagc 3 Lender name located nn page 2. _ M1N ~ o:oa~b~- oa0oe~~~9a 3 DEF7N1Ti4N S Words ustd in mtt3tip~e sections of this document are defined be}ow and other words are defisuJ in Sections 3, ] 1, l3, 18, 2Q and Z1. Certain rotes regarding the ttsagc of words used in this docturwnt are also provided in Section 1'ti. (A) "Secuzify Tnsirvme»t" mearss this document, which is dated hlovernher 13, X006 together with all Riders to this document: ' (~) "Borrower" is Mait~ti3 Jnl.et and Rosa1 i2 Jolet Borrower is the mortgagor under this Security lnsirurr;wnt. OD63~407 10WA-Singto Fpmily-Farvi;e Ntse(Frar3dte Mac UArtFORM It4STRUIJIEN7 WfTN MtcltS -BAttAJ taoe7•ot ~~ ~~,~ C9 P~ t of 15 1JW fl3Ak,Cf Irn}sin ~~ ~~'~OW;r Sokniore, k+c• t800752t-729t E IBIT a a 8 Form 3Q~6 1fD~ NOV-13-2006 17:00 SECURITY FIRS`Cr TITLE 815233f301 P.006i053 {C) "MERS" is Mortgage Elearonie Registration Systems, Inc. MFRS is a separate corporation that is acting safely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee antler this Security Instrument. MFRS is organizzril and existing under the laws of Delaware, and has art address and telephone number of P.Q. Box 2026, Flint, M14850I-202b, te[. (888} b79_MERS. {~>"Lender"is Popular Financial Services, PLC L.enderisa limited Liability Company organi2cd and existing under the laws of I.ender'saddressis 301 Lippincott Drive, Marlton, pe108Q53 (E) "Note" means the promissory note signed by Borrower and dated November 13, 2QQ{ The Dote scares that Borrower owes [.ender £i9hty One Thousand Six t{undred Five and naixoa (ll.S. S gZ , tj05 , QQ )plus interest. Borrower hrs promised to pay this debt in regular Pe~riiodc Payments and to pay the debt in furl not later than Decemder Z. 2035 ~ "~PertY' mtatrs the property that is described below under the heading "Transfer of Rights in the PrapcrYy. (C) "Loan" means the debt evidenced by the Noie, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Saxtriry Instrument, plus interest. (~ "Riders" mearu all Riders to this Security Instrument that are ezecuted by Borrower. The follouring Riders are to be executed by Borrower (check box as applicablel: Adjustable Rate Rider [] Condominium Rider Balloon Rider Planned Unit Develo runt Rider O Second Home Rider ^ VA Rider p ~ 1-d Family Rider Btwxkly Paymeat Rider Others s () I l~i~'l fD "Applicable L:aw" means all controlling applicable federal, state and local statutes, regulations, ordinaacrs and administrative rules and orders {that have Elte effect of €aw) as well as all applicable frnal, . non-appealable judicial opinions. (J} "Coramunity Assodatioa Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or ttte PmpenY by a, condominium association, homeowners association ar similar organization. {IC) ";'8leztranic klinds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrurr>ent, which is ittitiatcd through an ctectronic terminal, telephonic instrtrtrrent, computer, or magnetic tape~so as to order, instruct, err authorixc a frnancial institution [o debit or credit an account, gush term includes, but is not limited to, point-of--sale transfers, automated toter rrtacltine transaciiarrs, tr~arusfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L} "E~scrnw Items" rtrearts those hems that are describai in Section 3. (M} "MiseeUaneotts proceeds" rrte3rrs any compensation, set[lertrent, award of darner es, err by any third party (other than insurance r g Proceeds paid damage ter, or destruction of, the pro p ~~ paid raider the coveragrs described in Section 5) for: {i) ptrty; {ir) condemnation or other taking of all err any part of the Property; C~i) conveyanx in lieu of condemnation; or (iv} misrepresentations of, or omissions as ter, the value and/or condition of the Property. . ~ "Mortgage Insnrar:re" runs insurance protecting Lender against the nonpayment of, or defau€t on, the Laan. (O} •"Periodic Payment" mearu the regularly scheduled amount due for i ~ Note, plus (ii) any arrrounu rrnder Section 3 of this Security Instrument () prrac~pal and~nterest under the Q0632407 -BA(tA€ tosoSl.D+ ~dys; l rl ~ ~' ® r~Q• 2 ~` +s Form 307& rlt3t ~ "R.ESPA" nr_ans the Real Fstate 5ett1elrtcnt implementing regttlalion, Regulation X (24 C.F.R, p~,tur3$pA~)t t~2th~'Sm: h~~ n 2~1 et seq.) and its time. or any additional or successor.legislation or regulation that governs the same subject matter. As used in this Seruritydnstrtunent, `RFSPA' refers to all r y S arn"rtded from tim_> to etnttsements and restrictions that art imposed in regard to a 'federally irlated mortgage loan" even if the Loan does not qualify as a 'federally related mortgage loan' under RESPA. f~ "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that parry has assumed Borrower's obligations under the Noie and/or this Security Insrtvmcnt, TRAIJSFER OF RIGHTS 1N THE AROPERTY This Security ]nstrttrnent secures to Lander: {i) tFte repayment of the Loan, modifcations of the Nate; and {ii) the performance of Borrower's covenantsaland aewals, extensions and Security Instrument and the Natt. For this PuTPo~=. Borrower irrevocabt ~~t~nts utri„-r this conveys to MFRS (softly as nominee for Lender and L.cnder's suceessorsyand assigns) and to the successors and 8 & grants and assigns of MERS, with power of salt, the following described propcrry locaied in the CQ{JNTY of DUBUQUE lNarne of Retarding Jnrisdictioo} SEE ATTACHED~EEGA~ ~ESCR1P7IpN :1 i i ~\ r E~OiLt)0' d ;. att;eJ ID Number: 1024230D15 'k' 1912 Jahns~rt Street which t:urrently has the address of l Qubugile ("Property Addrrss"): i~al, Iowa 52Q01- !street) lzlp Code! T~E7~-lER 1~17'H al! the im nov ~semertts, a rtenartces P tmertis now or hereafrer erected on the . cent! fixtutrs now or htr'eaRer a part of the p7°pem`• a~ aII additions shat also be covered b this Security Irtstrvtneat as dSe • Y ~ritY Instrnnxnt. All of the foregoing isJlreferr~ ann ~2S . to the tnterests Pro~ttY-" Borrtswer tJndtrstands and agrxs that MERS holds only legal title • custom, MERS (~t ~'~~ Lcndtr ~ Security Instrttrnent, but, ii recess . ' or all of those interests, including, but not limited to, the ary to campJy with Jaw or ' take any action r urred nt ~°rs and assigns) has tltt right: to exercise any Instrument. a4 I.trMer including. but not litni ~t to,foreleastn and ell the PrOp~y' and to BORROWER Ot]VENgNTS that Borrower is lawfully seised of the a ate here~tng this Security the right to~ggrant and comry the Pro en of rtcord. borrower w P Y and that the ProP~'tY is unencumbered Y canveyed arnJ }mss dads, subject to any enbr~anc~la ~recard grnerally the title to the Propertyxagainstrall clams THIS SF~URITy IN~t1MENT combines uniform covenants for national rise covenants with limited v Property. ariatiorts by jurisdiction to constintte a uniform securir inst and rtott-tmifottn • OOb32407 Y nunent covering real ~ Qi~~,- -satraJ ro.osr.o, ,~f{' P+W 3 W t i InhiaL: faun 3016 t!t}1 I OE T EZZ9 I B f'~ a~,c i z ~csa l :~ ~,1, l xn~~s ~;; nn • ~ r D~~.. ... _ _ f~' }IOV-13-2006 i7:00 SECURITY FIP,ST TITLE 8i5233130I P, 008/053 UNIFORM OVEN.ANTS. Borrower and Lender covenant and egret as follows: I. Payment of Rrincipal, Inserest, Escrow Itertu, Prepayment Charges, and Late Charges. Borrower sha3t pay when due the principal of, and interest on, the debt evidenced by the Note and any pmPayment charges and late charges due under the Mote. Borrower shall also pay funds Cor Escrow Itctns- pursuant to Section 3. Payments due under the Nore and this Security (nstntment shall be made in U.S. currency. However, if any check or other instnunent rexivod by Lender as paymetrt tinder the Note ar this Security Instrum"`nr is rentrned to Lender unpaid, Linder Wray require that any or ail subsequent payments due under the Note and this Security Instnunetit be made in one or more of the fol}awing faritu, as selevted by !.ender. {a) cash, {b) moray order; (c) ctriificd check, bank check, treasurer's check or cashier's check, pravid~ any such check is drawn upon an institution whose deposits are insured by a federal ageruy, irtstntmcntatity, or entity; or (d) Electronic Funds Transfer. Payments ase deems( received by Lender when received at the location designated in the Notc ar at such other location as Wray be desip~~ by Lender in accordance with the notice provisions in Section 15. Lender tray return any gaytrrirnt or partia! paytrant if the payment ar partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial. payment insufficient to bring the Loan ctttrettt, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial paymenu in the future, but I.ertder is oat obIigattd to apply such payments at the time such payments are ttcrcpttd, If each Periodic Payment is applied as of its scheduled doe dale, then .Lender need not pay . interest on unappiied fonds. Lender may hold shah unapplied funds anti[ Botrowtr makes payment to bring the I.aart current. If Borrower does not do so within a rcasanable period of time, Lender shall either apply such fiords or return them to Harrower. If not applied earlier, such funds wit! be applied to the outstanding . pnnetpal ~~ urger the Note inttnediately prior to foreclosure. No offset of claim which Hotrowcr might have now ar in the future against Lender shall relieae Borrower floor making payments dot; under the Nate and shin ~ecttrity Instnuncnt or perfatming the covenants and agreements seattcetl by ahis Serttrity Instrument. 2. A}sp)icattan ar paymenss ar Proceeds. Except as otherwise described in this 5ettian 2, all Fs3'A~eats accepted and applied by Lerner shall be applied lit the following art'fer of priar%ty; (a) intetrst due ttt~der the Note; (b) printipal due under the Moto; (c) amounts due under Section 3. Such payments alto!! be applied to tech. Periodic Paytnenr in the order in which it became due. Any remaining amounts - • shall be applied first to I;ite charges. setx7rrd to any other arnounu duo under this SectrrYty iRCtrvment, and them to redut:e the principal bafantx of the Hare, If L~der receive a payer form goer for a delinquent Periodic Payment which includes a sufficient amotsrtt to pay any Late charge due, the payment tray be applied to the delinquent payment and cheIstt: chazge, I'tnoce than one Periodic Payment is outstanding, (,ender may apply any payment receiver! from Harrower to the r=payment of the Periodic. Payments if, and co the cast-tit that, each payment cart be paid in frill. 7'a the extent that airy ratcess exists after the Paytrttttt is applied to the fait payment of one ar more Pat3adic Payments, such ext~ess tnay be applied to any !ate charges due. Voluntary prepaymt:nu shall 6e applied first. to anY P~Payrncnt charges and .there as described in the Nate. ~y application of payrtrents, itnurancc r the Note shall not extend or P octads, or Miscellaneous Proceeds to principal due under postpone the due date, or change the amotrm, 9f.thc Periodic Payments. 3. Funds far Escrow !fettle. Borrower shall pay to Lender on the day Petiodir Payments aze due under the Note, until the Noit is paid in full, a stun {the'Funds') to provide far payment of amounts due for: (a) taxes and assessments and tathtr etems which can attain priority over this Sxurity Instrument as a 1 ten ar encumbrance an the Pro pnemiums far an ~~y' ~} leasehold payments ar ground rents on the Pro rt , ' y and a[t insurance requirett by Lender under Seaian 5; and d ~ y rC anY' fc) premiums, if any, or any sums payable by Barnower_ to Lender in lieu of the Paydtnengt aof M ~ ge Insurance prtrreiurtzs in accordance with the provisions of Section l0. '!'hest items are ca,Iled 'Escrow Items.' At origination or at any time during the term of the Loan. Lender may regale 1. that Community 00632407 f Apr s a t3 -'^" Fan 31) 7 6 1/a 1 r i.: =. -n' Association Dues, Fees, and Asscssrnents, if any, be escrowed b assessments shalt be an Escrow Item. Borrower shall promptly famish tea Lender a }dnot cts o arrxo~ts r[o be paid under this Section. Borrower shat! pay !„ender the Funds for Esc,-ow Items unless Lender waives Borrower's obJl`gation to pay the Funds for any or all Escrow Items. Lender may w aive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event a{such waiver, $orrower shall pay dir~tty, when and where payable the amounts due far any J=,scrow Items far which a P yment of Funds his been waived tyy i.eztder and, if Lender requires, shalt furnish so Lender receipts evidencing such payment within such time Borrgwer's obligation to make such payments and to provide receipts shall for all ~ L.ender may require. be a covenant and agreement contained in this Security Irsrrvrnent, zs the phrase `covenant and adr to is used in Section 9. 1f Borraw7rr is obligated to pay Escrow It„-,?u dirceti Borrower fails to a S ment ` P Y the amount due for an ,Fscr-ow Item, y pursu2ni to a waiver, and and Pay such amount 1 ender may exercise Jis rights under Section 9 and Borrower shalt then be obligated under Sccrion 9 to repay to Lender any such amount- Lcridcr may revoke the waiver as to any or all Escrow Items at arty time by a notice given in accordance with Section IS and, upon such r~'o^"atian, Borrower shall pay to Lender all Funds, and in . such amounu, that are then required under this Section 3. Lender may, at any time, colle;,t and hold Funds in an amount {a) sufficient to permit Letrder to a 1 the Funds at the time specified under RESPA, and (b} not to exceed the maximum require under RESPA. PP y Lender shall estimate the amount of Funds due on the basis of currenC da ar and reasonable estimates of expenditures of future Escrow Itetns or otherwise in accordance with Applicable Law. 7I7e Funds shalt be held in art institution whose epo . instrumtntaliry, or entity (including Lender, if J.ender is an institution who Wired by a federal a any FcdcraJ Nome Loan Bank. goy, Lender shatl'apply the Funds to epasits are so insured) or in specified urxter RFSPA, Leader shall not char PaY the Escrow Jterru no later than the tune g aPFlYing the Funds, annually analyzing the escrow account, ar verifying the Escrow itetnsf ounless L.endedr pays Borrower interest an the fiQ~ and Appligble Law or Applicable Law r t permits Lender to make such a charge. Unless an agreement is made in writing equ'res interest to be paid on the Funds, J..ender shat] not be required to pay Borrower arty interest ar earnings on the Funds. Borrower and Lender can a shall be paid on the Funds. Lender shall give to Bt:Irrowtr, without char evrt~tn , ~~ ~ g however, that interest rtqurred by RESPA. g . annual accounting of the' If there is a su lus Barrowtr for ttte ex ~ of tends held in escrow, as defined under RESPA, Lender shall account to as defined under ccss ~~ in accordance with RESPA. Jf there is a shortage of Funds held in escrow, AESPA, Lender shalt notify Borrower as Lender the amount necessary to make up the shortage in atx~rdan~ce with RESPA, b B~n ~ r shat t pay to monthly payments. If there is a defici more than I2 notify Borrower as required b ems' efFunds held in escrow, as defined under RESPA, Lender shall uP the deficie Y RF,SPA, and Bntrowar shalt pay to Lender the amount neaess ncy in acctsrdarxt with RESPA, but in rro snore than I2 month} ~3' to ~'e Upon papmertt in full of a1l.sums secured by this Securi Irtst Y PaYrrKnts. to Harrower arry Funds held by Lender. ty fit, Lender shall Promptly refund 4. Charges; Lieru. Bor~wer shall a aitribntabtc to the Pro rr which P Y all taxes. assessments, charges, ftnes, ground rents on the ,Pro y can attain priority over this Securi ~ rmt~sitior:s Perry, if any, and Convnuni ~' Instrumerrt, leasehold Payrrtents or the extent that these items are F-scrow Jtt'ms, ~' Association Dues; Fees. and Assrssrrtents, if any, ~'o Harrower shall ro Borrower shall pay them in the manner prOvid~ in Sxtion 3. Borrower: a a P rnPdy discharge any Lien which has priority over this Security Instnrrrle:nt unless ~) grew in writing to the payment of the obligation stewed by the lien in a manner acceptable to Lender, but only so long as Borrower is Performing such agr~ernent; (b) contests the lien in good faith OQ63,?4Q7 r.e, s or , a Form 30'16 7101 E90/600'd IO£I££Z9IB 3'I1, I Z Z52i 1.3 x.L IFIC2~3S r n • , r .,.,,,.. ,. - _ NOV-13-2006 17:01 SECURITY F]RST TITLE 815233130E P.OIOi053 by, or defends against enforcctnent of the litn in, legal Proccedin s which in Le Prevent the enforcement of the lien mile those r g nder's opinion operate to are rnncfud~; or c P occedings are pending, but only until such proddings {) sectrtes from the holder of the lien an agreatnent satisfactory to Lender subordinating the tien io this Security 1tLCtrument. If Lender determines that any part of the Propcny is subject to a lien which can attain priority over this Security Irtstrvment, Lender ;nay give Borrower a notice identifying the lien. Within 1Q days of the date on which that notice is given, Borrower shalt satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender tray require Borrower to pay cone-time charge for a real tstate tax verification and/or reporting service uses[ by 1-ceder in connection with this Loan. $. Property Insurance. Bon-ower shad k ~ the Property insured against loss b fir=, h ~ the i rovcmen~t claw cxisdng ar hereafter ercctet[ on o(her h Y azards included within the term 'extended coverage," and any arards including, bur not limited to, earthquake and Hoods, for which Lender requires insurance. This insurance shall be maintained in the amounts Gncluding deductible levels) and far ttze Periods that ~~ requires. Wktat I,cnder requira pursuant to the g the Loan. The rnsurartce carrier Providing the insurance shall rbe hoses by Borraw~e$ subjec~to Lender''s right to disapprove Borrower's choice, which right shall not be exercised unreasonably, Lender may require Borrower to pay, is coanxtion with this Loan. either; {a) 'a one-time charge far flood zone deterrninalian, certification and tracking services; or (b) a one-time charge For flood zone determination and certification services and reasonabt rni ~~qu=nt charges each ciao remappings or sitnitar changes occur which Y ght affect such deutminatian or certification. $orrower shall also be responsible for the Payment of any fees unposed by the Fedora! Ernetgency ManagemPStt A enc in ca review of any Hood zone d=termination resulting from an ob' g Y nation with the [f Borrower fails to ]ection by Borrower. maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's eapen~, Lander is under no obligation to purchase any particular type ar arnaunt of coverage. 'IherofQ,.=, such coverage shall cover Lender, but might or might cwt Pmrect Bomower, Borrower's equity in the Property, or the contents of the Pro hazard or liability Arai Wight provide greater or less- covers a PAY. against any risk, g than was previously in effect. Borrower acknowledges that the cost of tau insurance coverage so obtained nv t si ntrcantl ex irtswarrce that Borrower could have obtained. Any arrwunts disbursed b g y coed the cost of become additional debt of Borrower sectrrrd b this Y Lender tutder this Section 5 shall ' ai the Note rate from the dare of dish Y Secunty Instntmcnt. 'These arrtounts shall bear intcrest Lender to Borrower squealing payntentm and shall be payable, with such interest, upon notice from AI! tasurartce policies r=quired by Lender and renew right to disapprove such policies, shalt include a standards of such policies shall be subject to Lender's mortgagee and/or as an mongage ciatue, and shalt name Lender as additional Lass payee, Lender shat! have the right to hold the policies and rertewa! certificates. If Lender requires, Borrower shat! rout ! renewal notices. If Borrower obtains say form of irrsucYattgce= to i.ender all receipts of paid premiums and for damage to, or desuttctlon of, the Pro a oov~ _~ sot otherwise r aired b P rtY. such policy shalt include a standadd rttortgage louse and shah name Leader as mortgagee and/or as an additional loss payee. ' In the event of loss, Borrower shall give prompt notirx to the insurance carrier and Lender. Lender ~Y atakc proof of loss if not made promptly by Borrower. Unless Lender and Bo in writing. any insurance pro~~ whether or not the underl in mower otherwise agree be applied to rescoratian or repair of the Pea Y g insurance was re aired b Lrnder's security is not [ P=n3`. rf the restoration ar repair is economi Y Lender, shalt hold such insurance essence. >~ng such repair and restoration ~lY feasible and Proceeds until Lender has had an o P=r4od. Lender shall have the right to work has been completed to Lc pPi'nunity to inspect such Pm rider's satisfaction, provided that such inspection she! boo ndenaken Promptly. Lender may disburse procea~ for the repairs and restoration in a sin Je a of progress payments as the work is complered. t.1nlcss an a ~ g P Y~ni or in a series dd~3~4{}7 gr most is made in writing/Or Applicable Law ~~R(L4! rwost.ot ~ ~~ ~ ~ pq• 6 a ~5 {hcWs:~ Fcxm 3016 'clot ~~', i' i'~ t : =:' Ise t<:; ~~h ;i,Y.:~ ~'~':i requires interest to tx paid on such insurance proceeds l..endtr shall not he required to pay grower any interest or earnings on such proctxds. Fees for public adjusters, or other third parties, retained by Borrower shal)jnot be paid our of the insurat;ie proceeds and shalt be the sole obligation of Borrower. If the rtstoration or repair is not ecotxtmicalty feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or nit then due, with the excess, if any, paid to $orrower. Such irLSt:rance oroceais shalt be applied in tAe order provided for in Section 2. ]f Borrower abandons the Properly, Lender tray file, negotiate and settle any available insu;'atrce claim and related marten, If Borrower dtvs net respond within 34 days to a notice from Lender that ;he insurance carrier has o{{er~3 to settle a claim, then Lcnd`r may negotiate and settle the claim. Tire 30-day period will began when the notitx is givrn, in either event, or it' Ixnder acquires the Property under Section 32 or otherwise., Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proctxds in an arrtount not to czcrrd the amounts unpaid under ~~ Hole or this Security instrument, and '(b) any other of Bo„ewer's rights (other than the right to any refund of unearned premiums paid by. Borrower) under alt insurance policies covering the Property, insofar as sash rights art applicable to the coverage of the Property, lender may use the insurance pr~xJs either to n air or restore the Pro to pay amounts unpaid under the Nate or this Security Insulunern, whether o snot thrJt due. . ~~' or 6. Occupancy. Borrower shalt occupy, establish, and use the I'i'operty as Borrower's principa~~ residence within 6p days after the execution of this Security Instrurr;ent and shall continue to occupy the Property as Borrower's principal residence for at least ors year after the date of occupancy, tutless Lender otherwise agrees in writing, which consent shall nor be unreasonably withheld, or ttntess cxttnuating circumstantxs exist which tare beyond Borrowu's control. 7. Prescrvatian, Maintenance and Prottxtion of the Property; inspertlbt>.s. Borrower shall not destroy, damage or irrtpair the -t'raperty, allow ihz Pro . ~P~Y• 1Ytret7tor or not Be7rrtmer is resitting in the Pro~~ to deteriorate or t=arrimit waste on the order to prevent the Pro Pe y, Borrower shall maintain the Property in party from eteteriorating or decreasing in value due• to its condition. Unless it is deftermined parscrartt to Sectic~rr 5 chat repair or restoration is net eresnomicatly feasible, Borrower shall Promptly repair the Property if damaged to avoid further deterioration or damage:, If irsurantx or condemnation proceeds arts paid in conrteaivn with damage to, or the talon of, the pro shall be responsible far repairing or rtstoring the: Properi one g t~Y~ BorTawer purposes. Lender tray disbunt: proceeds for the repairs aril restore ion in arsin T ~1~ pis for such progress paymerus as the work is completed. If the: insurance or condertmation proceteds eternal serf#icieni to repair or restore .the Property, Borrower is not relieved of Borrower's obligation far the completion of such repair:arrestorativn. Lewder or its agent tray .make reasonable entries upon and inspections of the Property. If it has reasonable cause, Erodes may inspect the interior of the improvements an the Pro Borrowu notice at the time of orpriar ro such an irtterSar iru ion ~~'` Lender shall give $. Borrvvrr's Lesan Application. Borrower shall. be in defau }~ r if,nduring thto};rjan application procrss. Barmwer or a»y persons or entities acting ai the direction of BorTawcr or with Borrower's tcnowledgc or crsnscnt govt materiatty' false:., misleading, or inaccurate information or statements to Lender (or failed to provide Vender with material inforrnatiatr} in connection • with the L.rsart, Material representations inelttde, but are nai limited to, representations con:xming Borrower's o~rpancy of the Property as Borrower's p~ipal reidence. 9. A•attc'tia;3 of Lender's Interest in the Pro {a) Borrower fails to perform the covenants and agreements con~'rred in thisr3ecuri city Instrument. If is a legal proceeding that might significantly afTect Ixndu's inte=rest in the pro ~' Instnrmenr, {b) there this Security Instn:rrrent {such as a proceeding in bankru t PcnY andlor rights under enforcerrtenr of a. Lien which may attain priority outs this Security ]rutrunmen~orepo enforze laws for oo~3z4o7 t/t/t~~ Q~-BAtrAttoaoatct mrua_~~,! 1 " r.p*Taia ' Form 3D16 1f01 81523313 P.012i053 Nt7V-13-20Dii I r:Di ScCL'R[TY fi1RST E regulations), or {c} Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable ar appropriate to protect Ltnder's interest in the Property artd rights under this Security Instrument, including protecting and/or assessing the vale.-, of the Property, and securing and/or repairing the Properly. Lender's actions rxn include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security lrutrumertt; {b) agp~..aring in court; and (c} paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankrtrpti:y proceeding. Securing the Property includes, but is not Iittiitetl to, entering the Property to n'take repairs, change lacks, replace or board up doors and windows, drain water from pipes, eliminate building of other code violations ar dangerous conditioru, and have utilities turned on or oft. Although Lender may take action under this Section 4, Lender dots net have to do so and is not under any dory or obligation to do so. Tess agreed that Lender incurs na liability far net taking any or all actions authorized under this S~tion 9. Any amounu disbursed by Lender under this Section 9 shall became additional debt of Borrower secured by this Security Instntnxat. Those amounts shall bar interest at the Note rate from the dau os disbursement and shalt be payable, with such interest, upoti.notice from Lender to Borrower requesting payment. 1f this Security Instrument is on a teasrtiotd., Banower shall comply with all the provisions of the lease. If Borrower acquires fee title to (he Property, the leasehold and .the fee title shall not merge unless Lender agrees•ta the merger in wtiling. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the i.oan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in eNcct. If, far any reason, the Mortgage Insurance coverage required by Linder ceases to be available from the mortgage insurer that previously provided such insurance anti Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requirrad to obtain coverage substantially cquivaient to fire Mortgage Insurance previously in effect, at a cast substantially •equivaient to the cost to .Borrower of the Mortgage Iruurance previously in effect, from an alternate mortgage insurer selected by Lender. tf substantia]ly equivalent Mangage Instrtaraa coverage is not available, Borrower shall continue to pay to Lender the ammunt of the separately designated :payments that were due when the insurance coverage tensed to be in effect. Lender will accept, use and retain these payments as, a. non-reftuuiattlt loss reserve: in lieu of Mortgage Insurartce•. Such loss reserve shall be non-rcfundatitz. notwiflrstanding the fact That the Loan is ultimately paid in full, and Lender shalt not be required to pay Borrower any interest or earnings tin such -loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage ~n the amount and for the period that Lender inquires) provided by an insurer selected by Leetder again becomes available, is obtained, and Lender requires separately designated payments toward the prettsiutns for Ivlottgage Insurance. If l,cntlcr required Mortgage Insut~nce as a condition of making the I:oan and Barm~xer was .required to make separately designated payments toward the pzemiurns for Mortgage Insurance, Borrower shall pay tfie premiuitu required to maintain Mortgage Insurance in .effect, or io provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in aectsrdance with any written agreement bttween Borrower and Lender providing far such ter7nirtation or until tcrminatian is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation. to pay interest at the rate provided in the Note. Mortgage Insurartre reitrtbttrses Lender {ot any entity tbat purchases the Note) for certain lasses it may incur if Borrower does riot iepay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. • Mortgage insurers evaluate their tata2 risk an. all such insurance in force from time ro time, and may enter into agr~trr>ents witlu other parties tttai share ar modify their risk, or reduce losstx. 'Reese agreements are on terms and conditions that are satlsfatxoiy to the mortgage insurer and the other party (or parties) to these agtcen7eztts. These agreetneats may require the rrtorigage insurer to make paayments using any source of futxla that the mortgage iristirer tray have available (which may include funds obtained from Mongage I ttsurance premiums}. . As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or say affiliate of any of the foregoing, may receive {directly or indirectly) arrtounts that derive from (or might be chai-actcrixed as} a portion of Borrower's payments for Morgage insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing lasses. if such agreement x0532407 Atlill: }' 1 E~j~;?-BAISA7 roaos[.o3 va. e a t s Farm 307 6 1/07 provides that an atfifiate of ixnder takes a share of the insurer's risk in exchange• for a share of the premiurrts paid to the insurer, the arrangement is often termed 'captive reinsurance.' Further; (a) Any such agreerncnts will not affect the amounts that Borrower has agtl'ed to pay for Mortgage lnsufance, or any other terms of the Loan. Such agreements wilt not increase the amount Borrotiver will owe for Mortgage Insurance, and they will not enti[te Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may intrude the right to receive certain disclosures, to request and obtain cancelfatian of the Mortgage Insurance, to have the Mortgage Insurance terminatscf automatiglty, and/or to receive a refund of any Mortgage Insurance premiums that were unearrrcd of the time of such cancellation or termination. lI. Assignment of Miscellaneous Proceeds; Forfeiture. Alt MisccAaneous Proceeds are hereby assigned to and shall be paid to Lender_ )f the Property is damaged, such Misceltancotrs Proceeds shall be applied to restoration or repair of the Properly, if the restoration ar repair is economically feasible and Lender's sxurity is not lessened. I?uring such repair and restoration period., Lender shall have the right to hold such Miscellaneous Proceeds until Lender hat lead an oppornrnity to inspect such !'roperty to ensure the work has been completed to I-tttder's satisfaction, provided that such inspection shalt be undertaken promptly. lender tuay pay for the rcti+airs and restoration in a single disbursement or in a series of progress paynxnts as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such I,~iscz]laneous proceeds, Lender shalt not be rcgtrir>:d to pay Borrower any interest or earnings on such Miscellaneous Proceeds: If the restoration or repair is not ecanotnicatly feasible tar Lender's security would be lessened, the Misceflancous Proceeds shall be applied to rho sums secured by this Security Irrstntmertt, wltttfer ar not then due, with the excess, if any, paid to Borrower. Such Miscellaneous p~~ sha11 be applied in the order provided f©r in Sxtion 2, In the event of a total taking, destntctian, or loss in value of the Property, the Missellaneatt~ Proceeds shall be applied to the sums secured by this Security Instittrncnt, whaber ar not then due, with the excess, if any, paid to Borrower. 1n the event of .a partial taking, destruction, or foss in value of the Property in which the fair market value of .thy Properly irnrrtediately before the partial taking, destruction, or Joss in value is equal to or greater than the amount of the sums secured by this Security Instnment immediately befort the partial taking, destruction, or Toss in value, imtess. Borrower and !.ender otherwise agree in writing. the sums secured by this Security lnsitliment shalt be reduced by the amount of the Miscetlancotts Proceeds multiplied by the tot]owing fraction: (a) the total amount of the surtts 'secured immediately before the partial taking, destruction, or loss in value divided by {b) the fair market valor of the Property imrrrtdiately before tha partial taking, desirtrction, or doss in value. Any balance shall be paid xa Borrower. In the event of a partial taking, destructiflti, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or lass in value is less than the amount of the sums secured immediately before the partial taking, d~tntction, or loss' in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shaft be applied to the sums set:ttred by this Se:;tirity Instrument whether or not the stuns arc then .due. ', If the Property is abandoned by Borrower, or if, after nvdt:e by Lender to Borrower that the Opposing Party {as defined in the next sentence) offers to retake an award to settle a ctaint for damages, Borrower fails to respond to Letxlar within 30 days aftr=r the data the notice is given, tender;s authorized to coltxt arxi apply the Miscellaneous Pmceccis tither to restoration or repair of the Property or to the sums secured by this 5ecutity insrrtirrrcrrt, whether or not then due. 'Opposing Party" rrteanc the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd to MisrcJJarfeous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crirtmitrat, is begun that, in T cutler's judgment, could result in forfeiture of the Property or other ~ttrial imgairrntnt of 1„rrtder's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has ocr=ttrred, reinstate as provided in Section I9, by causing the action or proceeding to err dismissed with a ruling that, in Lender's judgrrtent, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The pr~~ of ti063~A ll7 ~ t~-sAltal ro,osrAr P ~ 4 ci 15 ,rn~l '" ~ Farm 31)16 t/a7 NOV-13-2006 1?:01 SECURITY FIRST TITLE 8352331301 P.014/053 any award or claim for damages that are aaributable to the impairment of Lender's interest in the Propery are hereby assigner ,~ Shall be paid to Lender. Ali f~fiscellaneous Proceeds that arc trot applial to restoration or repair of the Property shall be applied in tht order provided for in Section 2, a I2, fiarrower Iv'ot Released; Forbearance By Lender Not a Waiver. Extension of the time far p ymcnt or modification of arrranization of the sums secured b to Harrower or arty Successor in interest of Borrower shalt not operate tonrellePaserothtEliahii~tyo bgo ender or any Successors in Interest of Hormwcr. Lender shall not be requirex! to corruncnce proceedings agairut anY Suxessor in ftuerest of Borrower ar to refuse to extend time for paytneni or otherwise r[todify amortiaatian of the sums secured by this Security Irtsttwtxnt by reason of anY demand made by the original Borrower or any Successors in Interest of Borrower..4ny forbearance by Lender in exercising any right or remedy including, without limitation, Lender's atxeptar>we of.payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the arnouai then due, shat! net be a waiver of or preclude the exercise of any right or rcrnxty, I3. Joint and Several Liability; Co-signers; Successors ant} A~i gns Bound. $orrower covenants arui agrees that Borrower's obligations and Liability shall be joint and several, However, an co-sigtus this Secwity instturnent but does not execute the Note (a 'co-signer'}: (a) isyco-s-signing tFiis Security Instrurt~nt Drily to mortgage, grant and convey the co-signer's interest in the pro ixr<y under the terms of this Sxurity lnstrttrnent; (b) is not personalty obligated to pay the stern secured by this Security Irtsttwr>Crtt; and {c) agrees that Linder and any ntfter Borrower can agree to extend, modify. forbear or make ~Y ~smmodations with regard to the rerrr>,s of this Security trLStntrrtent or the Nore without the co-signer's consent. Subject to the provisions of Section !8, any successor in Interest of Harrower who assumes Borrower's obligations under ibis Securiry Instrument in writing. and is approved by L.crtder, shall obtain all of Borrower's rights and benefits Borrower's obligations and liability turdc= ~tt~ts 5ecunry lnstnrmcnt. Borrower shad not be released from writing. The coverts and a ~ntY Instturrrcnt unless Lender agrees to such release in Sextian 2B) and benefit the s g~rnertts of this Security lnstrume;nt shall hind {except as provided in Id. Lawn C ~, "~~~ and assigns of Lender. Borrower's dcfaultl,afo t nder may charge Borrower fees for services performed in connection with Security Irutrtuneni, i~~pwpose of protecting Lender's interest in the Property and ri In regard to an other fees g' but not Iitrtited to, attomcys' fees, property itu 8h~ under this Y ,the absence of express authority in this Security Instrt~unent to c v~~ai Sn fees. fee io Borrower shall ricer be t~tsstnred az a prohibition vn the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrttrrteni or by Applicable Law. ~ pexifie If the Loan is subject to a law which sets maximum loan eh es, that the interest or other loan char ar8 and that taw is finally interprercd so permitted limits, them: a an ga C°llectod or to be collected in connection with the Loan exceed the charge to the ~) Y such loan charge shaft be reduced by the amount nececsa Iirnits will be refunded Ito Bow ~) any stuns already eottccted from Borrower which ezceededr~uce the mower. Lender may choose to make this refund b pemuucd owtd under the Note or by ttukiag a direct payment to Borrower. If a refund reducesg the principal reduction wi!] be treated az a partial pr a pfeFaytnent charge is provided far under the Note). Borrouwcr sY prepayment charge (whctht~op not ha direct payment to Borrower will constitute a waiver of any right of~act o Borrower might havenaris ng Dui of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Securit must be in writing, Any notice ro Bottnwer in connection with this Security Instrument shalt be deemed to have been given to Borrower Y y Irtstnttnent notice address if sent b other vdxrr mailed b first class mail or when actually deliveced to Borrower's unless Applicable Lawyexpressly requireostto berwise°~ Borrower shall constitute notice to a1J Borrowers tutless. Borrower has designated a substitute natlce addr~c by no ire droeS~nd~ f, ~ ewer shat! promptly notify Lender of Borrower's p Y Address than a of add change of address. If 1-ender spccif'ies a procedure for reporting Horrower's 8 ress, them Borrower shall on! There tree y Y report a change of addrru throe h that s ecited = Y ~ oni one designated notice address under this Security Instrument at any ont time. Any notice: to Lender shall be given by deliverin P octdure. stated herein unless Lender has dexi nate~ iI or by mailing it by Lxrsr class mail [o .Lender's address 0032407 g another address by notice to Borr wc~ Any notice in &AttAl ro•ast.ot intuats:--/~~~a J pia. to a to Form 3a16 1107 i ~l ': . s' f ~: l~:;= 1:.; ! :°. r'" ~:::: t,_:,- connection with this Scctrrity Itutrument shall not be deemed to have been given to Lender until actually r~eived by Lender, If any notice required by this Security Instrument is also required under Applicable Law, she Applicable Law requirement wilt satisfy the corresponding requrement under this Security Inscrutnent: 1 Ili. Governing Law; Severability; Rules of Construction. This Security Instvment shall be governed by federal law and the law of the jurisdiction in which the Property is (ocatcd. A1! rghu and obligations contained in this Security lnttntment are subject to any requiremcu and limitations of Applicable Law, Applicable l..aw might explicitly or implicitly allow the panics to agree by usntract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. Tn the event that any provision or clause 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 can be given effect witbaut the conflicting provision. As used in this Security Instrument; (aj words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and {c) the woad 'rosy' gives sole discretion without any obligation to .take any action. l7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security lasttvment. l8. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property' means zing ]egai or beneficial interest in the Property, Including, but not limited ta, those b~eficia] interests transferred in a bond for deed, contract for dead, installment sales contract or escrow agreement, the intent of which is the transfer of rifle by Borrower at a future date to a purchaser, ]f all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural perrso» and a beneficial interest in $orrower is sold or transferred) without Leender's prior written consent, Lender• tray t~quire irrurtediatc,payment in. ftt!} of al} stuns secured by this Secut7ty Instrutttent. However, this option shalt not be exercised by Linder if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 3fl days from the date the notice is given in axordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower faits to pay these sums prior to the expiration of this period, Lender may involve any remadics permitted by this Security Instrument without further notice or demand on Borrower. 1':9. Borrowet's Rlght to Reinstate After Acceleration. If Borrower meets certain' conditions, Borrower shalt have the right to have enforcement of tftis Security Instrument discontinued at any tune prior to the earliest of: (a) five days be{ore sale of the property pursuant to an tbts Security Instrument; {b) such other period as Applicable Law mi t s y power of sale contained in Sorrawer's right to reirtsratc; or (c) entry of a jtrdgmenr enforcing this~Sect~irity lrtst trttrtierri. tiThose conditions are that Borrower; a () Pays Leader all sums which then would be due under this Security Insttvmern and the Note as if no acceleration had occurred; (b} cures any default of arty other covenanu ar agreements; (c) gays all expense3 incurred in enforcing this Security Instrument, irtclnding, but not limited ro, reazonable attorneys' fees, propcmy inspection and valuation felt, and other ftes incutred for the pur'P°u of protcetittg I-t;nder's interest in t]>e Property and rights under this Sa;ttrity Instrum~t; arx! (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expensatn ane or more of the following forms, as selected by Lender: (a) cash; (b) money order; {c} cert'ficd check, bank check, treasurer's check or cashier's Check, provided any such check is drawn upon • an institution whose deposits arc insured by a federal agry~y insn'tlrruntality or entity; tar (d).Elcctronic Funds Transfer. Upon reinstatement by Bo:rowcr, this Sccwity instrtrrrtent and obli ations shall remain fully effective as if no acceleration had occurrai. I-Iowever, this righ~ to rcinsts ate~shaltrrtot apply in the ease of acceleration under Section 18. - 2t). Stile of t~'ate; Change of loan Serricer; 1Va[ice of Grievance. The Note or a partial •interest in the Note (together with this Security Instrurr>rnt) can be sold one or more times without prior notice to Dr}63241)7 ~ ~ ~ ~~ o P.a.tta~s t=wm 3016 1/oi t10V-i3-2006 17:01 SECURITY r1RST T 9?5233130 P.016i053 Borrower. A sale might result in a change in the entity {known as the 'Loan Servitor'} that collects Peritxiic Payments due under the Note and this Security lnstrumcnt and performs other mortgage loan servicing obligations under the Note, this Security lnstrurr~nt, and Applicable Law. There also Wright be ono or more,changes of the Loan Servitor unrelated to a sale of .the Note. if there is a change of the Loan Scrviccr, Borrower wi11 be given written notice of the change which wilt state the name and address of the new Loan Servioer, the address to which payments should be made and any other information RESPA requires in coruteciian with a notice of transfer of servicing. if the Note is sold and thereafter the C,oan is serviced sty a loan Servioer other than the pur~c}taser of the Note, the mortgage loan servicing obligations to Sorrower wil! remain with the Loan Servioer or be transferred to a successor Loan 5ervicer and are not assumed by the Note ptrrchaser unless otherwise provided by the Note purchzser. - Neittter Borrower nor Lender may eorrunence, join, or be joined ro any judicial anion {as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security lnstrurtxnt ar that alleges that the ether party has breached any provision af, or any duty owed by reason of, this Serarriry lrtstrttntcrtt, until such 8orrou+er or Lender has nati5ed the other party {with such notice given in compiiartce with the requiremens of Sxti:on ]5) of such alleged breach and afforded the oilier parry hereto a reasonable period after the giving of such notiea to take corrective action. IF Appticable Law provides a time period which must elapse before certain action can be taken, that tune period wi11 be deemed to be t'easortablt for purposes of this paragraph. The notice of arxelcration and opporttutity to curt: givers to Borrower pursuant to Section 23 and the notice of atxeleration given to Sotzowcr ptrtattarat t!t Section IS shall be deemed to satisfy the notice and opportunity to talc corrective action provisians of this Section 20. 23. 1Inzardaus Sut>stancxs. As used- in this Sectioa 2t: (a} 'Hazardous Substances" are those substances defined as tonic or hazardous substances, pollutants, or wastes by Envimnmerttal Law and the following substances: gasa[inc; kerosene, other Aattuttabit or taxic petroleum products, toxic pesticides and herbicides, volatile solvents,. materials containing asbestos or formaldeltydc, and radioactive materials; (b) 'Envit~tunetttal Law" raearts federal laws and Iaws of the jurisdiction where the Property is located that relate to he~alttt, safety or environments] pratectian; (c) 'Enviranmental Cteartup" includes any response action, rt:rncdiz! action, or removal action, as defined in Environmental Law; and (d) an 'Envimnmentai Condition" tncans a condition that can cause., contribute to, or otherwise trigger an Enviranmental CEeanup. Harrower shall act cause or permit the presence, use, ciisposai, storage, ar release of arty Hazardous Substages,. or threaten to release any Hazardous Substatxt:s., on ar in the Property. Borrower shall not do, nor allow anyone else to do, anything affetxing rho Property (a) that is in violation of any Ersviroruncntai Law; (b) which creates an Enviratunental Condition, or {c) which,, due to the praence; ttse, or reltasc of a Hazardous Substartu, creates a condition that adversely affects the value of the Property. The preceding two senteswcs shnl! riot apply to the presence, use, or storage on the, Property of small quantities of :Hazardous Substances that are generally rceognizcd to be appropriate to normal residential uses and to rnaintcnance of the Property (including, but cwt limited to, hazardous substances in consumer products). Harrower shall promptly give Lender written notice of {a} any investigation, claim, demand,, lawsuit ar vlfter action by airy govertunenta! or regulatot3r agency or private party involving the Property and any Hazardatu Substance or Environments! Law of which Harrower has serve! knawle:dge, (b) any Ettvirontn~ental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and {c) any condition caused by the presence, use ar release of a Hazardous Substance which adversely affects the value of the Property. If $orrawer lcarrts, or is not'sfied by any governmental or regulatory authority, or arty private party, Shat any removal or other retnediation of any Hazardous 5ubstanec affecting the Prapetry is net:csssry, Borrower shall promptly take ai! necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an lrrtvironmental Cleanup. ' 0063207 yt'~- -6Af1Af exaniat m Ppt t2 of IS ~yF'/..~J~`~ ini:als:~ Form 3a1fi 7101 NI}N•UNIFORM COVirNAIYTS. $otrawer and Lender further covenant acrd agrew.as follows: 22. Acceleration; Remedies. Lender shall give notire to 7lorrawer prior to acceleration following Borrower's brfach of any covenant or agreement in this Security Tnstrt-ment (but not prior to seceIeration under Section ] 8 unless Applicable Law provides otherwise). The notice shah specify: (a) the default; (b) the action retjuired to cure the default; (c) a date, not less than 30 days from the date the notict is given to Borrower, by which the default must be cured; and (d) that failure fa cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Iasirument, foreclosure by judicial proceeding and sale of the }'roperty. The aoti:ce shat! further lnfartn Borrower oC the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default ar any other defense of Borrower to acceleration and force}osure. It tlrr default is not cured on or before the dolt specified in the notice, Lender at its option may require immediate payment in full of al[ sums secured by this Security Instrument without furilter demand and may forec}ose This Security Instrument by judicial prareetling. Lender shall be entitled to collets a}l expenses incurred in pursuing the rcmedi~ provided in tftis Section 22, including, but riot limited to, reasonable attorneys' fees and costs of iitie evidence. ' 23. Release. Upon payment of all sums secured by this Security Instrument, bender shall zelcasc this S~uzity Instrument. Lender may charge Borrower a fee far releasing this Securiry Instrument, but only if llre fee is paid to a third party for .services rendered and the charging of the fee is permittexl under Applicable :Law. 7A. 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.propeny. ?5. HOME;STIrAD EX>~147;?'I'IdN WAIVER. I UNDERSTAND THAT HQ~AD PROPERTY 7S IN :MANY CASES PRt1TECT~D FROM THE CLAIMS OF CREI3fTOR5 AND EXEMPT FRAM NDICiAL SALE; AIVD THAT BY SIGNING TI?QS MORTGAGE, I Yt3LUdtTI'AR3L~ GIVE TIP MY RIGHT TO THIS PItt7TECT70N p'OR TFaS MORTGAGED PROPERTY ~'YITH RESPECT TO CLAIMS BASET3 UPON THIS MORTGAGE. ~- aanower.Mal'tha Jalet - ~ ~` 1`3/~~ nat0 ~TM~w~ Rosalie Jo~et Date ~~~ i?atc Borrowu _ Date Borrower Dau Borrower Dace }3orrowtr . Da-e Boaower Date 00632407 t~-sAttal w<nstat L9 Page t3 W IS Form 3tJt6 1107 NOV-i3-2006 17:01 SECURITY FIP.ST TITLE 9152331301 P.OI8i053 3b. Redempfion Period. [f the Properly is less than !0 acres in size and .Lender waives in any foreclosure proceeding any right to a deficiency judgment agairut 8arrower, the period of redemptiatt From judicial sale shad be reduced to 6 months. 1( the cor,,n finds that the Progeny has been abandoned by Borrower' and Lender waives any right ro a deficiency judgment against 1orrower, the period of redcmptian from jtidiciat sate shall be reduced to ti0 days. The provisions of this Section 2d shall be construed to nonfarm to the provisions of Sections b28.26 and 62$,27 of sane Code of Iowa. IMPORTANT: READ BEFORE SIGMNG. THE TERMS OF THIS AGREEMENT SHOULD r3E READ CAREFULLY BECAUSE ONLY THOSE TERMS IN 1'i'RlTL'~G ARE ENFORCEABLE. h'O OT~R Tl~R1vIS 4R ORAL PROMISES NOT COn'I'AlNED IN THIS ~VRlTTEN CdI~I-RgCT M.4Y t3E LEGALLY Eh'F{3RCED. YOU MAY CHANGE THE TERMS OF THIS ACREEt-~LENT ONLY BY A1VflTFiER WRI'IZEN AGREEMENT. EY SIGNlNG B£L4W, Borrower accepts and agrees to the ternu and covenants captained in th;s Security Instntment and in any Rider executed by Borrower and recorded with it. Witnesses: ~ ~ ~ . Martha Jolet ~ (seal) -Borrower /~e-i ~- Rasalie Jo1et (seal) -borrower _ (Seat) •Bormwcr _ (Sea!} -Borrower {Seal} -Borrower 00632407 _ {Seat) -Harrower (Seal} -Borrrrwcr _ {Scat) 'BOrTOWer r ~.~-~ittk) ro<osf.o7 >+g~ 7 a of f S Farm 3atti ~{/a~ 5I'ATE OF IOWA, ~ County ss: On this ~ 13th day of IdOVembef , ~~~5 ,before me, a t~fotary Public in the State of lows, personally appeared Mai tha Jelet arzd Rosal ~e Jolet to me personalty known to be the person{s) named in and who executed the Foregoing instrument, and acknowledged that helsheithey executed the same as hislherltheir voluntary act and ded. , i;,iy Commission F~pires: ~ - ~ 3-(~ ~t~'"`~,r CABBIE RICHAR(~SQN i~~ COFtVIU5o0t1 ~~DCt 1w27E888 r 00532407 (~?-fiA{IA t [osa6lAt m ~ubuqu~ ~~ ~ ~ ~ ~'ir2~c7~ Naury Public in and for nid Cotmty and Suu INiia11: ~ ~~~ rpa t5 d is Furor 3L11S tfot ~t,t~., ADJUSTABLE RATE RIDER {LIBOR Indei -Rate Caps) MTN 10004bb-{)000841390-3 THIS ADJUSTABLE RATE }UDER is made this 13th day ofNOVetilbt?r, 200b end is incorporated inlD and shall be deemed to amrnd sad supplement the Mortgage, Decd of Trust or Ilced to Secure Debt {the `Security Instrumrnt") of the same dart pivot by the undersigned {tht `l3artowu") to a~ureBarrowefa Note to Popular Financial Services, LLC (the "l:,cndu"} of t}u same dote and covering the property 3ucribcd in the 5ccurity Instrumrnf and located ac 1911 3ohrlsan Straet , t~u~ttque ~ , lA ~2001- THE NOTE CONTO,INS PROY1510NS ALLOWING FOR CHANGES fN THE fNTEREST RATE AND THE MQNTHI.Y PAYtrSEN7, T}tE NOTE LIMITS THE tiMOUNT THE BORROWER'S •INTEREST RATE CAN CHANGE AT ANY pNE T1tr~E AND THE NIAXIARUM RATE THE BORROWER >41UST PAY. ADDTI'IONAL COVENANTS. ]a addition to the covenants and agrcemrnq made iD the Security Instrument, Borrower and Lends furtha eovensat sad agreo as follows: A. [N'I'ER:EST RATE MID MONTHI.Y PAYMENT C'IIANGFS The 2!7otcpmvidp for an initial interesi rate of 9 ,1100 °/.. T}te Nate provides for chnngt! is the inierat case sad thr matthlY payments, as fallow: 4. INTEREST RATL> AND MONTHI,Y PAYME.aTT CHANGES ' (A} Change Datn The intere32 tau 1 will pay may change aD the fist day of aeLeti~er, 2(108 and on that day every sixth month thereaSer. Each date on which ray interest rate could change is called a "Change Date, oa6324o7 . IAIJLTISTATn ADJUSLAat.E flATL RIDER -L190R INDEX. SNgM Fxnlfy. Fr~dd4 Mac aroaew MsWnretl r Pap.1 0! < +~' n3~M FNtiata: ,~/~ t7Jri ~ 177 t1GC1l ALM Rtj)tJtr ~ ~ ~¢}t`, 3ll2ataR Jt3 oS00oa tnt21100 ......,~lii:. {$} The Indrz Bcgianing with the fast Change Ante, my intcrest rete will be based oa an Index, The "Index' is the average of intcrllank offered rtes Far six-month U.S. dallxrdrnominated deposits in tht I.oadon mtukct j"I.IBpR'}, rs pubiiahcd in 7be iY'a!1 Sn-eet Journaf. The most receltt Index figure evtiiable as of the Ctzt business day of the month immectintely prxeding the month in which the Change Dare occurs is cailyd the 'Cuneat tndcr.,' If the Index is no longer availatlle, the Narc Holder tvi11 choose a new index that' u based upon comparable infotmatian.'IZte Note Holder t+~ll gibe me notice of this choice. {C} CaleulatSon of Changes . Before caoh Clsaltge Dale, the Notc holder wi11 calculate my acw lateral talc by adding S 1 X and ~'1Q / iial f percrntage painn ( 6.5000 '/.) w the Current Index. The Nate Noldcr will rhea round the result of [his addition to thcnext highatone-eighth of'one percentage point {0. t ~S'/o}. Subject to the limits staffed in Section 4{D} De1ow, this rounded amount wi11 be my new interest rats tuzdl the next Change Datc. The Nate Holder will then determine the amauat of the monthly paymrnt that would he sufficient to repay the unpaid principal that I am ocprted ra owe at the Change Datc in fall an the maturity dart at my acw iutaesi rate in suitstantially equal paymrnts. The result of this calculation will be tltc new amount of my monthly paymetu (D) Llmlts on [nternt Rate Changes The intertst talc 1 eta ttquitsd to pay at the fast Cttaage Dau wi11 not.be greatcz than 1 ~ • Z I Od "/e or Irss than 9 , ] 2 ©Q e/a Thc¢aRer, my interest rate will never be intsrascd or decrnzsed oa say single Change Date by motz than one and oae half percentage pains j 1.540 Ye) fmm the cart of intcrrst i have barn paying for the precedieg fix moaths. My btterest rase wi0 never be gtLaur that j ~, i j 00 Ye or less rhaa 9. Z Z.Op °Je over the life of the titan. {L~ Eftet:tlvt Due of Cttanpes My new interest rate w[U beeoate effective on cacti Chaage IInte. f will pay the amount of my new monthly payment btgirtning as the first monthly paymtzst date after the Gharfge Date until the amount of rtry .monthly payment changes again, FNa~ls: ~ ~~ 00632407 ~, wild Xt't uaat feu ueral ]f97.{IIR Pspe ~~ t fa QI008? tn!]O~nn (Fi IJarlet of earapet T!u Mott Holderwill deliver or mail to me r aeti~ of any chnnga in my interest tart and the amount of my monthly paymrnt bcfare the cfiective dart of eny chtnga 7hc notice wtT! inctadt intormadon rtquird by law to be givrn me and also the title and telephone number ofa person who will answer anyqutstion J may have regarding the notice. B. TRANSFER OF TFIE PRQPERTY dR A BENEFICIAL IA']'EREST' IN BORROtVER ' llnifortn Caveaaat 18 of dtt Stcurity tnstrumrnt is amended to read as follows: Transftr of the Praptrty ar s Bentfielil [ntcrat En Borrower. If all ar eny parr of the Proxrty or nay latezat in the Property is said or transfert~ lm if a Bn:rowcr is not a natural person and a beneficial lateral in Bormwtr is sold or transferred} withotss Larders prior written caoscnt, Lender may, at its option, require immcdiaa pavmcrtt in ful! of all sums aetttrcd by this Stcuriry ittstrstmcnt. However, this option shall.nat bt tzercised by Lender if excn;ist is prohibited by Applicable Law. Leader also shall not occreist this option iL• (a) Borrower causes m be suha+iacd to Lander iafottnation.requircd by Lends w cvatuau the inientiud trnraferte ~, if a new roan were being made to the transfertt; ant! (bj Lender reasonably detarttiacs that Leader's security will not 6e impaired by the lass assumption and that the risk of a Brach of any caveasnt or agrecateat in.this Security tasuvment is acceptable to Lender, Fa the extent petatined by Applicable Law, Leader may charge a rcastinable ice as a Condition to Leaders cortsrnt b the Loan assumption. Leader tnny also r=gnire the trsaslErec tD sign En assumption agrxmcat That is acceptable to Lender and that obligates tht rransferce to keep al! the ptatsiisa and agreements taade in the Nak and in this Security Iasavrotat. Sarrower will continue w be obligated tmd~ the Notc and this 5eeurity Instzuatmtuntas Leader ttitcaaa Bwtower in writing. If Lender exercises the option to rtqu""uc insmetiiatt payment in full, Leader shall grvc Borrower notitt of aecelera4an. 7lte notice shall provide a period of not less than 30 days from the dart the notice is given in accordance wiih Section ! S within which Borrower maM pay all rums secured by skis Sctauity Instnrmeac If Borrows fails to pay.fhae sttms:prior to the cxpiratian of this pttiod, Lander may invoke any ranaiies pt:rraitted by this Setrurity jnsnwtteat without furNttr natict.:air detaand on Borrower. ~~ 00632407 P'a ~ ~r ~ [vn 4 uSr uroc ~.uh rta'FJt) 11f2.OtSR Ja a300aa 47@1/0a HY SIGNIT~'G HELOW, Hp~w~ accepa and agrcq to the tams and covtaantT comaincd in this Adj~utablt Rate Ridcr. Y Maitha Jolet (stab -Hor~wc Rosalie J~let (Sea13 -Barrowcr {S~!} •Bartnwv (Sal} •Barowcr {Seal) .Borrower DD632407 ~ ~ at. . (S~) -Aacrotrer (Sea!) •Barsowo (Sea!) ~B«~+.~r AR!•Ltr uDOe Acs RroW 7tD2.615R ~ D30009tARifiJ Litton Loan Servicing LP - PRESORT P.O. Box 9010 Frst-Class Mail Temecula, CA 92 589-90 1 0 U.S. Postage and Fees Paid V1~S0 Send Payments To 7113 8257 1472 9659 4906 Litton Loan Servicng LP Attn: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 Send Correspondence To Litton LoanServicing LP lililiulilllinllinnilliilliilililiiliiiilliullinlliillil Attn: Customer Assistance Response Team 4828 Loop Central Drive ROSALIE JOLET Houston, TX 77081 1911 JOHNSON ST DUBUQUE, IA 52001 20081204-80 DMDCOtJV 4~T{I~ EXHIBIT ---~~-- 1020-v38 T~ ~1ttQn Loan Servicing'' 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 994-8501 Fax (713) 966-8906 ~~tiv.littonloan.com Sent Via Certified Mail 711,3 8257 1472 9659 496 12%4,'2008 ROSALIE JOLET 1911 JOHNSON ST DUBUQUE, IA 52001 Hours of Operation (CST) Mon.: 8 am. - 8 p.m. Tues. - Thurs.: 8 a.m. - 10 p.m. Fri.: 9 a.m. - ~ p.m. Sat.: 8 a.m. - 12 p.m. Sun.: 10 a.m. - 2 p.m. NOTICE OF DEFAULT AND Il\TTENT TO ACCELERATE Re: Deed of Trust/Mortgage Dated: 11/13/2006 Loan #: 40873028 Property: 1911 Johnson Street Dubuque, IA 52001 Dear Mortgagor(s): Litton Loan Servicing LP ("Litton"), on behalf of the owner and holder of your mortgage loan, and in accordance with the referenced Deed of Trust/Mortgage and applicable state laws, provides you with formal notice of the following: The mortgage loan associated with the referenced Deed of TrustlMortgage is in default for failure to pay amounts due. To cure this default, you must pay all amounts due under the terms of your I~TOte and Deed of Trust/Mortgage. As of 12/4/2008, the total amount necessary to bring your loan current is $2,818.98. Additional amounts may become due and payable under your I~TOte and Deed ofTrust/Mortgage after 12/4/2008. For the exact amount you must pay to bring your loan current, please contact our office at (800) 999-8501. Payment must be in the form of cashier's check, money order, or bank certified funds. If you have not cured the default within forty five (45) days of this notice, Litton will accelerate the maturity date of the Note and declare all outstanding amounts under the Note immediately due and payable. Your property that is collateral for the Note may then be scheduled for foreclosure in accordance with the terms of the Deed of Trust/Mortgage and applicable state laws. LITTON LOAN SERVICING LP IS A DEBT COLLECTOR THIS IS AN ATTEMPT TO COLLECT YOUR DEBT A_ND ANY INFORMATION OBTAII~rED WILL BE USED FOR THAT PURPOSE. IF YOU ARE NOT OBLIGATED ON THE DEBT UR IF THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR II~TFORMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. o?U0.0093.021108]52413 7113 8257 1472 9659 4906 You have the right to reinstate your loan after acceleration and the right to bring a court action to claim that your loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Upon acceleration of your Note, Litton will refer the property for foreclosure. The time required for foreclosure in the property state is approximately 180 days. In accordance with the terms of your Note and Deed of Trust/Mortgage and applicable state laws, if Litton prevails in its foreclosure action, you may incur costs of foreclosure, such as title documentation, filing fees for the complaint, service of process, publication, recording of judgment, and other required expenses. You may also incur attorney fees in an amount up to $850.00. The aforementioned foreclosure timeline and the fees and costs associated with a foreclosure action are estimates only and are dependent upon various factors. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287. y This matter is very important. Please give it your immediate attention Sincerely, Default Administration Department 0700.0093.021108152413 Litton Loan Servicing LP P.O. Box 9010 Temecula. CA 92589-9010 Send Payments To: Litton Loan Servicing LP Attn: Cash Management Departrnent P.O. Box 4387 Houston, TX 77210-4387 Send Correspondence To: Litton Loan Servicing LP Attn: Customer Assistance Response Team 4828 Loop Central Drive Houston, TX 77081 Y. IPIIIIIIIIIIIII~IIIIRI'll9l~'li'IIP~~llllllll ~~~i~iii~i~~~in~~intii~~ii~~n~i~i~ii~nii~~in~~in~~ii~~i~ MAITHA JOLET 1911 JOHNSON ST DUBUQUE, IA 52001 PRESORT First-Class f~Aail U.S Postage and Fees Paid V~'SO 200812048D DMDCONV Bozo-use I'ou have the right to reinstate your loan after acceleration and the rigJzt to bring a court action to claim that your loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Upon acceleration of your Note, Litton will refer the property for foreclosure. The time required for foreclosure in the property state is approximately 180 days. In accordance with the terms of your Note and Deed of Trust/Mortgage and applicable state laws, if Litton prevails in its foreclosure action, you may incur costs of foreclosure, such as title documentation, filing fees for the complaint, service of process, publication, recording of jud~nent, and other required expenses. You may also incur attorney fees in an amount up to $850.00. The aforementioned foreclosure timeline and the fees and costs associated with a foreclosure action are estimates only and are dependent upon various factors. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies; please call (800) 569-4287. This matter is very important. Please give it your immediate attention. Sincerely, Default Administration Department 0700.0093.02710812413 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-A, EQUITY NO. ATTORNEY'S FEE AFFIDAVIT Plaintiff, vs. MAITHA JOLET, ROSALIE JOLET, AAA COLLECTIONS, INC., CITY OF DUBUQUE, IOWA, STATE OF IOWA, DALINA BETWELL, FIRST AMERICAN INVESTEMENT LLC and PARTIES IN POSSESSION, Defendants. STATE OF IOWA ) ss: COUNTY OF POLK ) I, Matthew E. Laughlin, 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, EXHIBIT "D" #577658 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 atto~n~y's fees prayed for herein. i Subscribed and sworn to before me thisp~ day of , 2009. ~F~ ~,~~ Efd{tL.YBE~EET~ "a° ; Commission h[umber ~4S86fs Notary Public St e of Iowa ., ~ ~ ~. FS sowe~ 2