Claim Crestar Mortgage vs HsgIN THE IOWA DISTRICT COURT FOR
DUBUQUE COUNTY
CRESTAR MORTGAGE 54-0259290:
TRUST IrA1 : EQUITY
Plaintiff,:
: ORIGINAL NOTICE
VS.
KENT J. BLAKEHAN A/K/A :
KENT BLAKEMAN; :
CITY OF DUBUQUE, IOWA, :
HOUSING SERVICES :
DEPARTMENT, :
SARAH J. PFAB; :
Defendants.:
TO THE ABOVE NAMED DEFENDANTS:
You are notified there is a petition now on file in the
office of the clerk of the above court. A copy of this filing
is attached hereto. The Plaintiff's attorneys are Petosa,
Petosa & Boecker, L.L.P., by Benjamin W. Hopkins, whose address
is 1350 NW 138th Street, Suite 100, Clive, Iowa 50325-8308. The
Plaintiff's attorney's phone number is (515) 222-9400, with a
facsimile transmission number of (515) 222-9121.
You must serve a motion or answer, within 20 days after
service of this original notice upon you and within a reasonable
time thereafter file, a motion or answer, in the Iowa District
Court of 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 ~isa~ility, immediately
call your district ADA coordinator at(~)~-~. (If you
are hearing impaired, Call Relaying00-735-2942).
Clerk of the Above Court
Dubuque County Courthouse
Dubuque, Iowa 52004
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTEI~ESTS.
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CRESTAR MORTGAGE
CORPORATiON/SUN
TRUST (VA)
VS.
KENT J. BLAKEMAN A/K/A
KENT BLAKEMAN;
CITY OF DUBUQUE, IOWA,
HOUSING SERVICES
DEPARTMENT;
SARAH j. PFAB;
54-0259290:
Plaintiff,:
Defendants.:
NOTICE
EQUITY NO.
PETITION
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 RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY
DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE.
THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE
POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE
SALE.
Plaintiff, Crestar Mortgage Corporation/Sun Trust (VA), for
its cause of action states:'
1. That the Plaintiff is a corporation doing business in
the United States of America.
2. That on or about June 23, 1999, Kent J. Blakeman {the
"Mortgagor(s)") made, executed and delivered to Dubuque Bank
and Trust Company,
a promissory note in writing for ~he sum of
$45,925 00 payable in installments, with ~ e ~ =
· =n~e=es~ at 7.125% per
annum from such date (the "Note")· A copy of the Note is
attached hereto and made a part hereof as Exhibit "A".
3. That on or about June 23, 1999 in order no secure
paymen~ of the Note, the Hortgagor(s) made,
the
delivered
morzgage
~o Dubuque Bank and Trust Company,
(the "Mortgage") on the following described real
{the "Mortgaged Property"):
executed and
a real esuane
Lot 2 of the Subdivision of Lot 22 in Cook's Additmon
~o the City of Dubuque, Iowa, accordmng uo the
recorded plat thereof, sublec~ to easements of
record.
the Mortgage was filed for record August 3,
in the Recorder's Office of Dubuque County,
the Mortgage
Exhibit "B"
4. That
ms attached
he/euo and made a
1999, in 12631-99
Iowa. A copy of
par~ hereof as
the Plaintiff is currently the holder of record
of the NoTe and Mortgage.
2
5. That the Plaintiff is the sole and absolute owner of
the Mortgage; that the Note and Mortgage provide that if
default be made at any time in payment of any installment of
principal or interest, at the election of the Plaintiff, all
indebtedness, without notice of such election, shall become
immediately due and payable; that the Plaintiff by reason of
the failure of the Mortgagor(s) to pay said installments,
declares the Note in default, that there
the Plaintiff the sum of $44,809.72 with
annum from and including November 1, 2001.
6. That the Plaintiff has given the Mortgagor(s) notice
of the right to cure said default and to date has received no
response thereto.
7. That the time to cure the default under iowa law has
now expired.
8. That said Note and Mortgage provide that if suit be
commenced thereon,. Mortgagor(s) will pay reasonable attorneys'
is now due and owing
interest at 7.125% per
9. That the Plaintiff now hereby in writing waives any
right or claim to a deficiency judgment against the
Mortgagor(s). That the Mortgaged Property is the residence of
the Mortgagor(s) and is a one-family or two-family dwelling.
The Plaintiff hereby elects to foreclose without redemption and
the sale of the Mortgaged Property shall occur promptly after
3
fees. An attorneys' fee affidavit is attached hereto and made
a part hereof as Exhibit "C".
entry of judgmentf unless the Mortgagor(s), pursuant to the
~otice set forth above, files a written demand to delay the
in which event the sale shall be delayed until six months
entry of judgment.
That the following parties are named as Defendants
they claim some right, title or interest in the
Property, including, without limitation a right,
sale,
after
10.
because
Mortgaged
title or
interest as described below:
· City of Dubuque, Iowa, Housing Services Department,
$5,000.00 Mortgage, dated June 23, 1999, filed July
16~ 1999, Instrument %11709-99
· Sarah J. Pfab, Judgment, dated April 23, 1998,
filed April 30, 1998, EQ CV 90459, Child support
11. That the Mortgage provides that any time after the
proper commencemenn of an action in foreclosure or during the
period of redemptzon, the Court having jurisdiction of the case
shall, au the request of the Plaintiff, appoint a receiver to
take immediate possession of the Mortgaged Property and of the
rents and profits accruing therefrom, to rent the same as he
may deem best for the interest of all parties concerned and
shall be liable no account to the Mortgagor(s) only for the net
profits after application of rents, issues and profits upon the
cost of the expense of receivership and foreclosure and the
indebtedness, charges and expenses hereby secured and herein
mentioned.
WHEREFORE THE PLAINTIFF PRAYS THE COURT:
1. That the Plaintiff have judgment in rem against the
Mortgaged Property for the amount of unpaid principal and
interest on the Note, as provided in the Note and Mortgage and
for attorneys' fees, abstract expense and costs.
~f,
Prcpersy,
expenses
real estaEe,
assessments,
jud~men~
3.
2. That a receiver be appointed immediately to take care
manage, lease and collect the renLs from the Mortgaged
and ro apply the same in paymen~ of costs and
of said receivership, repairs and expenses of said
accrued and accruing naxes and special
insurance premiums, and
~o be entered herein.
That said judgmenE, ~ogether
in partial payment of the
with interest, attorneys'
fees, abstrauE expense, cosns anti accruing costs be decreed a
prior lien upon the Mortgaged ~roperEy from the date of the
Mortgage, and that all rights,-interests and equities of all
Defendants 5o this sul5 be declared junior to the right, title
and interesE of the Plaintiff.
4. That in the event Plaintiff is required to advance
further sums for naxes or insurance premiums on the Mortgaged
Propersy, the Plaintiff should be given an additional lien
thereon for such amounts so advanced.
5. That the Mortgage be foreclosed and the Defendant(s)'
equity of redemption be barred and foreclosed save as
guaranteed by law. That special execution issue for the sale
5
the Mortgaged Property to satisfy said judgment,
attorney fees and costs.
6.
interest
interest,
That special execution issue to satisfy said judgment,
and attorneys' fees, and accruing costs herein, and
the Mortgaged Property be sold according to law to satisfy the
amount due under the Decree issued by this Court and the
Defendants herein or anyone claiming by, through or under them,
be forever barred and foreclosed of any interest in the
Mortgaged Property, except such rights of redemption as
provided by law~
7. That if the Mortgaged Property is sold and not
redeemed, the Clerk of this Court shall issue to the Sheriff of
said County, a writ of removal and possession, commanding him
to put the grantee named in the Sheriff's deed for said
premises sold, or his grantee, in possession thereof, and to
remove any Defendants, or persons claiming by, through or under
any of them, or any Person in possession thereof out of such
possession.
8. That the Plaintiff has elected foreclosure without
redemption and the sale of the Mortgaged .Property shall occur
promptly after entry of judgment or in the alternative, if a
written demand for delay is filed, the sale shall occur six
months after eh{fy of judgment.
6
9. That the Plaintiff be granted such further relief as
may be jus~ and e~uitable.
PETOSA, PETOSA & BOECKER, L.L.P.
ee~a~ n ~.
!~5J~/NW 138th Street, Suite 100
~3Five, Iowa 50325-8308
Telephone: (515) 222-9400
Facsimile: (515) 222-9121
ATTORNEYS FOR PLAINTIFF
AP# D-BLAKEMAN KENT NOTE
LN# 3808754090
June 23, 1999 DUBOQUE Iowa
1911 WINDSOR AVE,DUBUQUE, IA 52001-3434
[Property
1. BOR/IOWER'S PROMISE TO PAY '
In retain for a loan that I have received, I promise to pay U.S. $ 45,925. O0 (this amount is called
"principal"), pins interest, to the order of the Lender. 'Uae Lender is
DUBUQUE BANK AND TRUST COMPANY
· I understand
that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note is called the "Note Holder."
2. INTEKEST
interest will be charged on unpaid pfiucipal until the full arnoaut ef principal has been paid t will pay interest at a yearly
The interest rate required by this Set, on 2 is the ram I will pay both before and a~er any default described in Section 6(B)
of [his Note.
3. PAYiVEE.NTS
(A) Time and Place of Pa~waents
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month beginning on August 1
1999 . I wiil make these payments every month nutil I have paid all of the prinalpal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal, If, on
July 1, 2029 , I still owe amounts under this Note, I will pay those amounts in fall on that date,
which is called the "Maturity Date."
I wilt make my monthly payments at 1398 CENTRAL AVE, DUBUQUE, IA 52001
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 309.4t
4. BORROWER'S RIGHT TO pREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a
"prepayment., When I make a prepayment, I will tell the No. te Holder in writing that I am doing so.
~ · ' ~ - I may mare a ~paymen, or prom repayments without paying any prepayment c2aarge. The Note Holder wilt-~,e:.alt +. :.
of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be
no changes in the due date or in the amount of my monthly paYment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already coilected
from me which exceeded permitted llralts will be refunded to me. The Note Holder may choose to make this refund by
reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction
will be treated as a partial Prepayment.
6. BORROWER'S FAILUI~ TO PAY AS REQUIRED
(A) Late Charge for OyerdUe Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days aker
the date it is due, I will pay a late Charge to the Note Holder. The amount of the charge will be 5. 0000 % of
my overdue payment of principal and interest, t will pay this late charge promptly but only once on each late payment.
01) Default
If t do not pay the full amount of each monthly payment on the date it is due, I will be in default.
NIULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC Uniform Instrument
(~-SR ~s~o~l.o4 Form 3200 ~2/83
Amended 5/91
VMP MO~TGAGE FORMS - {800)52~-7291
(C) Notlce.of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and ali
the interest that t owe on that amount. That date must be at least 30 days after the date on which the notice is delivired or
mailed to me.
0O) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time. (E) ;Payment of Note l~older's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, tho Note Hnlder will have the right to
be paid back by me for ali of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mall to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
· Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mall to the
Note Hol'der at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER 'rlilS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep alt of the promises made in
this Not?, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligudons, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its
rights 'under-~is~Note against each per~6~ Lffdivi~I~ally 6r agalnsf a~l o'f'~s-together. This means' h%t any one of Us m~fbe '
required to pay ali of the amounts owed under tiffs Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the fight to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the
right to require the Note Holder to give notice to other persons that amoums due have not been paid.
10. UNIEOILM SECIYRED NoTE
This Note is a uniform instrument with limited variations in some jurisdiati6ns. ~n addition to the protections given to the
Note Holder under this Note, a M6rtgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Iustmmem describes how and under what conditions I may be required to make/m-mediate payment in full
of alt amounts I owe under this Nom. Some of those conditions are described as follows:
Transfer of the Proper~y or a Beneficial I~terest in Borrower. If ali or eny part of the Property or any
interest in it is sold or rrensferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is
not a naturM person), without Lender's prior wriunn consent, Lender may, at its option, require immediate
payment in full of all sums secured by this Security Instrument. How hall not be exercised
by Lender if exercise is prohibited by federal law as of the date of this Seoudty instrument.
If Lender exercises this option, Lender sl~lt give Borrower notice of acceleration. The notice shall
provide a period of nor less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by tiffs Security Imtrument. If Borrower fails to pay these sums prior to
the expiration of ties period, Lender may invoke any remedies permitted by this Security Instrument without
~rther noti¢e or demand on, Borrowee~ ........
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
SSN:
(Seal)
(S~al)
SSN: SSN:
WITHOUT RECOURSE, PAY TO THE ORDER OF
CRESTAR MORTGAGE CORPORATION
DUBUQUE BANK AND TRUST COMPAN~f
~ ~ELE
VICE PRESIDENT
(Seal)
[Sign Original Only]
Form 3200 12/83
BOBBI DELANEY DUBUQUE BA~NK AND TRUST CO~'~PANY 1398 CENTRAL AVE DUBUQUE, IA 52001
(Narne, address and te!ephone number of prepare0
pLrRCHASE (319) 589-~144
.[Space Above This Line For Recording DataI
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on JUNB 23, 1999 . The mortgagor is
mis b-ecunty Instrument is ~iven to
wh ch s organ zed and ex~stmg under the aws of ~H STA~ O~ IOWA , and whose address is
1398 CE~R~ AVH, DUBUQ~, IA 52001 ("Lender").
Borrower owes Lender the principal sum of ~O~ ~ ~OUSAND N~ HUNDRED T~NTY FIVH DOLLARS AND
NO/I00 Dollars (U.S. $ 45,925.00 ). This debt fs
evidenced by Borrower's note dated the same dine as this Security Instrument ("Note), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on JULY 1, 2029 . Th~s Seaurf~
instrument secures to Lender: (~J the repayment of the debt evidenced by the Note, with interest, and ~1I renewals,
extensions and modifications of the Note: (b) the payment of all other sums, with interest, advanced under paragraph 7
to protect the s~udty of th~s Security instrument; and (c) the pedormance of Borrower's covenants and agreements
under this Security instrument and the Note. For this purpose, Borrower does hereby mo~gage, grant and convey to
Lender the following described prope~ located in D~UQUE
County, Iowa:
LOT 20~ THE SUB~VSION O~ LOT 22 IN COOK'S ADDISON TO THE CI~ o~ DUBUQUE, IOWA, ACCORD~G TO
THE EBCO~ED PLAT TH~O~, S~CT TO EASE~E~S OF RECORD,
THIS IS A PURCHASE I~ONEY MORTGAGE.
which has the address of 1911 WINDSOR AVE
[Street]
iowa 5g001-3454 ("Property Address");
[Zip Cede]
DUBUQUE
icky]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Proper~y."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumlsrances of record.
Borrower warrants and wi[[ defend generally the title to the Property against all claims and demands, subject to any '
encumbrances of record.
IOWA--SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT
ISC/CMD'fI~/0491/3016(S-90)-L PAGE 1 OF 6
MODIFIED FORM 3016 9/90
LOAN NUMBER: 3808754090 '
LOAN NO. 3808754090
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and nterest on the debt evidenced by the Note and any prepayment and late charges due under the
Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
leasehold payments or ground ren~s on the Property, if any; (c) yearly haZard or property insurance premiums; (d)
yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by
Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums. These items are called "Escrow items." Lender may, at any time, cotlect and hold Funds in an amount not to
exceed the maximum amount a lender for a federally related mortgage toan may require for Borrower's escrow account
under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C~ 2601 et
seq. ("RESPA"), unless another taw that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect
and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the
basis of current data and reasonable estimates of expenditures of future Escrow Items or otherw Se n accordance w~th
applicable law. · .-,., . .... · : .......
The Funds Shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, 'f Lenoer is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
...... pa:/~b~.Es;c~:ow Items. Lender may not phc-rge Borrower for holding a~d applying the Funds, annually analy~ing,:[~ .:
escrow account, or verifying the EScrow Items, unless Lender pays Borrower interest on the Funds and ap¢cable law
permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law
provides otherwise. Unless an agreement is made or ap¢cable law requires interest to be paid, Lender shatl not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however,
that interest shall be paid on the FUnds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds, showing credits and debits;to the Funds and the purpose for which each debit to the Funds was made. The
Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,
and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make
up the deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to BorroWer any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Properb/, Lender, prior to the acquisition
or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the
sums secured by this Security Instrument.
3. Application of Payments. :Unless applicable law provides otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: first, to any prepaymeht Charges due under the Note; second, to amounts p.a. yable
....... undei'wpzarauraph 2; third~ to interest due; fourth, to principal due; and 'ast, to any ate charges due u~der the Notet*,
4. Charges; Liens.' Bstrc~wer ~hail',day ali taxes,'~.sse§sments, ci:~arges, fines and impositions attributable to the
Property which may attain priority Over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower aha
pay them on time d rect y to the person owed payment. Borrower shall promptly furnish to Lender all notices of
amounts to be paid under this paragraph, tf Borrower makes these payments directly Borrower shall promptly furnish to
Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate.to prevent the enforcement of the lien; or (~) ~scures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument f Lender determines that any part of the Property is subject to
a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identify ng the en
Borrower shall satisfy the lien or take one or more of the actions set foilh above wifhih :i ~) Cl~.~:(~f thet¢i~ing of notice.
5. Hazard or Property Insurance. Borrower shaIl keep the improvements now exi~tin~ o~' hereaffei erected on the
Property insured against loss by fire hazards included w th n the t " ,,
era extended, coyerage..,an~d~ny p~ber hazards,
inc ud ng f cods or flooding, for which Lender requires insurance. This insurance sha½1;J~& r~int~Me¢;irYt[4e amounts and
for the periods, that Lender. requires. The insurance carrier, prey ding the nsurance, aha be. chos~ (e.p.;'by~ .Bo~r,e. ~'/~"": '" subject'
. ~o~L~en,d~, ap~+p~o~v~a~J ~,h.,ch ?.hall n.o.t;~e unreason.ably w. ithhetd. If Borrower. fa,is to malDta,..g cove~age'desc, dbed above,
paragraph .......... ~'7. .......... s opuon, oo~a n coverage [o pro~ect Lender's rights in the .Pro, p~rty ..m..acc°rdance,!.. *~ ,,.~'~wlth
IOWA-SING LE FAMILY--FNMA/FHLMC L ~RM INSTRUMENT ? FORM30169/gO
ISC/C M DTIA//04.91/3016(9-90)-L PAGE 2 OF S
LOAN NO. 3808754090
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
.all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the
~nsurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shah be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasibte and Lender's security is not lessened. If the
restoration or repair is't~ot economically feasible or Lender's security would be lessened, the insurance proceeds shall
be applied to the sums secured 'by this Security Instrument, whether or not then due, with any excess paid to Borrower.
If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair
or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period
will begin when the notice is given.
Unless Lender and Borrower otherwise agree in wdting, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the
payments. If under paragraph ,21 the Property is acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shalI pass to Lender to the extent of the sums
secured by this Security Instrument: immediately prior to the acquisition. - · ' ' '
................... 6.:. Cc c [~paR~y~,P~ese r v~io ~--~'Paint ei*c, tr ice an dP r~tecti-en-o~4he P reperty;-~Bor~o weOs4~ can -Applicati .o~,;-
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security instrument and shait continue to occupy the Property as Borrower's principal
residence for at [east one year atter the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in
Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by
this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's secudty interest. Borrower shall also be in default if Borrower, during the
loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is
on a leasehold, Borrower shall comply with all the provisions of the lease, if Borrower acquires fee title to the Property,
the leasehold and the fee title Shall not merge unless Lender agrees to the merger [n writing.
7. Protection of Lender's Rights in the Pro,arty. If Borrower fails to perform the covenants and agreements
contained in this Security, Instrument, or there is a legal proceeding that may significantIy affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, ¢er condemnation or forfeiture or to enforce laws or
regulations), ther~Londer may d(~and pay. for whatever is necessary to protect:4he :value ofthe Property.a_nd Lender's
rights in the Property. Lender's :actions may include paying any sums secured b~' a lien which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make
repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under [his paragraph 7 she become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear
interest from the date of disbursement at'the Note rate and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reaso, n, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by bender. If substantially equivalent mortgage insurance coverage is not available,
Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Lender, if mortgage insurance coverage (in the amount and for the periods that Lender requires) provided by
an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in :effect, or to provide a loss reserve, until the requirement for mortgage insurance ends
in accordance with any written agreement between Borrower and Lender or applicable law.
IOWA--SINGLE FAMILY-.FNMA/FHLMC UNIFORM INSTRUMENT FORM 3016 9/90
ISC/CMDTIA//0491f3016(9-90)-L PAGE 3 OF 6 :
LOAN NO. 3808754090
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or cia m for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall b? paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
following fraction: (al the total amount of the sums secured immediately before the taking, divided by (b) the fair market
value of the Property immediately before the taking. Any balance shall be paid to Borrower. in the event of a partial
taking of the Property in which the fair market value of the Property immediately before the taking is less than the
amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or
unless applicabIe law otherwise provides, the proceeds shall be applied to the sums secured by this Security
instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim fo~' damages, Borrower fal!s tb respond to Lender within 30 days after the date the
notice is given, Lender is audierized to collect ,~, ,d a~ply ,, ,~ ~,, o..eed~, at ,~ op,,on, ~k,,e, to restoration or repair of the
Property or to the sums secured bY this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
..... pestp.o~.e_ the d~z~.date of.the mor.~hLy, p..vaTr, o. e_nts.re~eEe~LteJ[~ p~agr.~.pbs._l aod2
payments. --, · - - -. - ...... -
11. Borrower Not Released; Forbearance By Lender Not aWaiver. Extension of thetime for payment or
modification of amortization of thee:sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a Waiver of or preclude the exercise of any right or remedy.
12. Successors and Assign~ Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind ~nd benefit the successors and assigns of Lender and Borrower, subiect to the
provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument 5ut does not execute the Note: (al is co-signing this Security Instrument only to
mortgage, grant and Convey that Borrower's interest in the Property under the terms of this Security instrument; (b) is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this SecUrity
Instrument or the Note without that Borrower's consent.
13, Loan Charges. If the load secured by this Security Instrument is subject to a law which sets maximum loan
charges and that law is finally interpreted so that the nterest or other loan charges collected or to be collected in
corm ~ection with the loan exceed the permitted limits, then:'(a) any Such loan charge shall be reduced by the amount
necessary to reduce ~he ~hsrgu-~o~e'perm~ed m t and~b~ a~y-o~,ms a ready eo lected-fromaorrower wh~ch-~--~
exceeded pertained limits wilt b~ r~,und~d to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction
witl be treated as a partial prepayment without any prepayment charge under the Note.
14; Notices. Any notice to Borrower provided for n th s Security Instrument shall be given by delivering it or by.
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or ahy other address Borrower designates by notice to Lender. Any notice to Lender shall be given
by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for in this Security lhstrument shall be deemed to have been given to Borrower or Lender .when given
as provided in this paragraph.
l& Governing Law; Severab!iity. This Security Instrument shall be governed by fedora law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of. th s Secur ty Instrument or the
N.ote, confli,cts with ap?.licable law, S~Jch conflict shall not affect other prov s one of this Security Instrument or the Note
wnicn can De given e~ect without the conf cting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial lnteros[ in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not
natural person) without Lender's prier written consent, Lender may, at its option, require immediate payment in full of ail
IOWA-SINGLE FAM[LY-FNMNFHLMC t. ~ !; ,bRM INSTRUMENT ~ FORM 3016 9/90
ISC/CMDTIA//04S 1/3016(9-g0)-L PAGE 4- OF 6
t ( LOAN NO. 3808754090
federal law as of the date of this Security instrument.
If Lender exercises this option, Lender shall give Sorrowermotice of acceleration. The notice shall provide a period
of. not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay alt sums secured
by'this Security lnstrgment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any reined[e§ permitted by this Security Instrument w~thout further notice or demand on Borrower.
. 18. or[ewer e:Rlght to Remstste, If Borrower meets certain cond~bons, Borrower shall have the right to have
epf0-r-oeme~bof this S~ourity Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period
aZ applicable law may specify for:reinstatement) before sale of the Property pursuant to any power of sale contained in
t:nls Sec[Jri~nstruFnent; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that
~brroWbr: i~ pays Leander all sums which then would be due under th s Seour ty nstrument and the Note as if no
-a~celeration%'-had oc~red; (b) cures any default of any other covenants or agrebments; (c) pays all expenses incurred
i~enforcitqg'~his Se~dty Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action
a~ Lender rfl~,y reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrotder's obligation to pay the ~ums secured by this Security Instrument shall continue unchanged. Upon
reinstate, merit by Borrower, th s Secur ty nstrument and the obligations secured hereby shall remain fully effective as f
no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 17,
19, ~aie of Note; Change of Lean Servicer, Th~ Note or a partial interest in the Note (together with this Security
....... ins~mch'ent) maybe s'old-one~o~' more dines'without prior notice to Borrower..,~ s~le.m~y-resutt.in, a. ehang~-t~i'¢-:/- ......... .
(known as ~he "Loan Servicer") tllat collects monthly payments due under the Note and this Security Instrument. There
als0 may be one or more changes of the Loan Servicer unrelated to a sale of the Note. [f there is a change of the Loan
Servicer, Borrower will be given Wri~en notice of the change in accordance with paragraph 14 above and applicable law.
The notice wiIt state the name and address of the new Loan Servicer and the address to which payments should be
made. The notice will also conta!n any other information required by applicable law.
20. Hazardous SubstancesL Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on o¢ in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is iD violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential ~ses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory ~gency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any re~oval or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower s[~all prom~ly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20i "Hazardous Su6stances" are those substances defined as toxic or hazardous
substances by Environmental LaW and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticiges and herbicides, volatile solvents materials containing asbestos or formaldehyde,
..... .a0d radie&c'(Ne materia, ls. As used in this paragraph 20, "Env ronmenta Law" means fegem aws and !aws of :[he.. ......
jurisdiction where the Property isltocated that relate to health safety or env ronmenta p?biect on.
NON-UN.IFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration! fol.lcwing Borrower's
breach of'any covenant or agreement in'this Security Instrument (but not prior t8 acceterat;on under paragraph
17 unless applicable law provi~tes otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, heelless than 30 days from the date the notice is given to Borrower, by which the
default must be cured~ and (d) ~hat failure to cure the default on or before the date specified in the notice may
result in acceleration of the sums secured by this Security nstrument, forec osure by judicial proceeding and
sale of the Property. The notice shall further inform Borrower of the dght to reinstate after acceleration and the
right to assert in the foreclosu~'e proceeding the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. I¢ the default is not cured on or before the date specified in the notice, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may foreclose this Security instrument by judicial proceeding. Lender shall be entitled to collect all
expenses incurred in pursuingithe remedies provided in this paragraph 21, including, but not limited to,
reasonable attorneys' fees an~ costs of title evidence
22. Relea'se. Upon paymentiof all sums secured by this Secudty instrument, Lender shall release this Security
Instrument without charge to Borrower.
23. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in
and to the Property. Borrower w~ives any right of exemption as to the Property.
IOWA--SINGLE FAMILY-FNMA/FHLMO UNIFORM INSTRUMENT
]SC/CMDTIA//0491/3016(9-90)-L PAGE 5 OF 6
FORM 30i6 9/90
LOAN NO. 3808754090
24. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure
proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be
reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right
to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The
provisions of this paragraph 24 shall be construed to conform to the provisions of Sections 628,26 and 628.27 of the
Code of Iowa.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security instrument, the covenants and agreements of each such rider shall be incorporated into and shall
amenc and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this
Security InstrumenT. ~Check applicable box(es)]
f~Adjustable Rate Rider E~Condominium Rider [] 1--4 Family Rider
[] Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider
fi' Balloon Rider [] Rate Improvement Rider [] Second Home Rider
[]Other(s) [specifyI
BY SIGNING BELOW, Borrower accepts and agrees to ti~e terms and covenants contained in this Security
instrument and in any rider(s) executed by Borrower and recorded with it.
KE~T J BLAKEMAN
(Seal)
(Seal)
(Seal) (Seal}
[Space E~eiowThis Line For Acknowledgment].
STATE OF IOWA, DUBUQUE County ss:
On this 23RD day of.ft.~E 1999 before me, a Notary Public in the State of Iowa, persona~ly appeared
KENT J BLAKEMAN, A SrNGLE PERSON
AKA KENT BLAKEMAN
to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged
that HE/SHE executed the same as HIS/HER volur~tary act and deed.
My Commission 'expires:
IOWA-SINGLE FAMILY-FNIVIA/FHLMC !
'.iSC/C MDTIA//0491/3016(9-90) -L
NomE/Publ;c ~n and for'said County and State
ORM INSTRUMENT
PAGE 6 OF 6
MODIFIED FORM 3018 9/90
AFFIDAVIT
STATE OF IOWA )
) SS
COUNTY OF POLK )
I, Benjamin W. Hopkins, being first duly sworn on oath depose
and state that I am one of the attorneys for the Plaintiff in this
cause; that I am a regular practicing attorney engaged in this
case; that there has been no agreement, express or implied,
between myself and my client, or between myself and any other
oerson except aE~orneys associated with me in this case, for any
sharing or division of the am~orney fees to be taxed herein.
I further depose and sEa~e that
mortgage and any other documents declared upon
Petition are now mn my actual possessmon; that
~rue copies of the note and
in the foregoing
I have read the
above and foregoing Petition, know the contents thereof, have
personal knowledge of the facts therein stated, and that the
sEanemenEs and all~egations
Subscribed and sworn
2003
therein are true as I verily believe.
/B~/nXamin W. Hopkins'~-PK0015400
//
before me, t/lis 16th day of April
Notary P~blic in and for the
State of Iowa
Exhibit "C"