Claim Mortgage Electron Reg SysIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
MORTGAGE ELECTRONIC 38-3082285:
REGISTRATION SYSTEMS, :
INC. :
Plaintiff,:
DANIEL L. ERNZEN AND :
JENNIFER L. ERNZEN; :
CITY OF DUBUQUE, IOWA; :
SHELLY A. ERNZEN; :
STATE OF IOWA, IOWA :
DEPARTMENT OF HUMAN :
SERVICES; :
STATE OF IOWA; :
Defendants.:
TO THE ABOVE NAMED DEFENDANTS:
EQUITY NO. e~q~O
ORIGINAL NOTICE
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 a~norneys 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 disability, immediately
call your district ADA coordinator at {If you
are hearing impaired, C~ll Relay Iowa TTY an 1-800~735-2942).
~ ~ ............... u±erk of the Above Court
~e~°~lu~-'--~?~a~a~'~t~buque County Courthouse
~A~J(~)~La44~'(IJgU~buque, Iowa 52004
IN THE IOWA DISTRICT COURT FOR
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC.
VS.
DANIEL L. ERNZEN AND
JENNIFER L. ERNZEN;
CITY OF DUBUQUE, IOWA;
SHELLY A. ERNZEN;
STATE OF IOWA, IOWA
DEPARTMENT OF HUMAN
SERVICES;.
STATE OF IOWA;
DUBUQUE COUNTY
38-3082285:
: EQUITY NO.
Plaintiff,: 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 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,
for its cause of action states:
t. That the Plaintiff is a corporation
the United States of America.
2. That on or about February 23, 2001,
(the "Mortgagor(s)") made, execuned and
Mortgage ElecLronic Registration SysLems, Inc.~
Morngage Group, Inc., a promissory note
of $57,000.00 payable mn installmenns,
per annum from such date (the "Note"). A copy of
aLLached hereto and made $ parL hereof as Exhibit
3. That on or about
the paymenL of the Note,
Ernzen, the Mortgagor(s)
AMRO Mortgage Group, Inc., a real esLane morLgage
"Mortgage") on the following described real esna~e
"Mortgaged Property"):
doing business in
Daniel L. Ernzen
delivered to ABN AMRO
mn writing for the sum
with interesL aL 7.25%
the Note is
February 23, 2001 mn order To secure
Daniel L. Ernzen and Jennifer L.
made, executed and delivered To ABN
(the
(the
Lot 1 in Union Avenue Subdivision No. 2 in the City
of Dubuque, Iowa, and Lot 2 in Mosher Subdivision in
the City of Dubuque, Iowa, according to the recorded
Plats of said Subdivlsmons.
the Mortgage was filed for record February 28,
Instrument 2322-01 in the Recorder's Office of
Iowa. A copy of the Mortgage is attached
part hereof as Exhibit "B".
2001, in
Dubuque Counny,
hereto and made a
of the Note and Mortgage.
2
4. Than the Plaintiff ms currently the holder of record
5. That the Plaintiff is the sole and absolute owner of
the Morsgage; that the No~e and Mortgage provide tha5 if
default be made at any time in paymen5 of any installment of
principal or interest, a5 the election of the Plaintiff, all
indebtedness, withou~ nosice of such election, shall become
immediately due and payable; that the Plaintiff by reason of
the failure of the Mortgagor(s) 5o pay said instaltmenss,
declares the Note mn default, that there is now due and owing
the Plaintiff the sum of $56,157.00 with interest a~ 7.25% per
annum from and including September 1, 2002.
6. That the Plaintiff has given the Mortgagor(s) notice
of the right to cure said default and tc date has received no
response thereto.
7. Tha~ the time to cure the default un,er Iowa law has
now expired.
8. That said Note and Mortgage provide that if suit be
commenced thereon, Mortgagor(s) will pay reasonable attorneys'
fees. An attorneys' fee affidavit is attached hereto and made
a par~ hereof as Exhibit "C".
9. That the Plaintiff now hereby mn writing waives any
right or claim ~o a deficiency judgmen5 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 Proper~y shall occur promptly after
3
entry of judgment, unless the Mortgagor(s), pursuant to the
Notice set forth above, files a written demand to delay the
sale, in which event the sale shall
after entry of judgment.
10. That the following parties are named as
because they claim some right,
Mortgaged Property, including,
be delayed until slx months
Defendants
title or interest in the
without limitation a right,
title or interest as described below:
· Shelly A. Ernzen, Dissolution of Marriage, dated
July 2, 1991, filed August 8, 1991, CDDM 7289, child
support
State of Iowa, Iowa Department of Human Services,
Dissolution of Marriage, dated July 2, 1991, filed
August 8, 1991, CDDM 7289, child support
State of Iowa, Iowa Department of Human Services,
Administrative Support Order, dated August 5, 2002,
filed August 5, 2002, DRCV 93166, child support
· State of Iowa, $25.00 Judgment, dated March 30,
2003, filed January 30, 2003, SMCR054230, fines &
costs
· State of Iowa, $429.00 Judgment, dated January 30,
2003, filed January 30, 2003, SRCR05t927, fines &
costs
· State of Iowa, $80.00 Judgment, dated January 30,
2003, filed January 30, 2003, SRCR053931, fines &
costs
· City of Dubuque, Iowa, $73.50 Judgment, dated
January 23, 2003, filed January 23, 2003,
DUSTWE722153, fines & costs
· State of Iowa, Criminal Complaint, dated March 19,
2003, filed March 19, 2003, SMCR054711, Pending
11. That the Mortgage provides that any time after the
proper commencement of an action in foreclosure or during the
period of redemption, the Court having ]urisdiction of the case
shall, at the request of the Plaintiff, appoint a receiver to
4
take
rents and profits accruzng therefrom, to rent the same as he
may deem best for the interest of all parties concerned and
shall be liable to account to the Mortgagor(s) only for the
profits after application of rents, issues and profits upon
cost of the expense of receivership and foreclosure and the
indebtedness, charges and expenses hereby secured and herein
mentioned.
immediate possession of the Mortgaged Property and of the
net
the
WHEREFORE THE PLAINTIFF PRAYS THE COURT:
1. That the Plaintiff have judgmenn in
Mortgaged Property for the amounn
interest on the Note, as provided
for
rem against the
of unpaid principal and
in the Note and Mortgage and
attorneys~ fees, abstract expense and cosns.
2. That a receiver be appointed immediately no take care
of, manage, lease and collect the rents from the Mortgsged
Property, and to apply the same mn payment of costs and
expenses of
real estate,
assessments,
said receivership, repairs and expenses of said
accrued and accruing Eaxes and special
insurance premiums, and in partial payment of the
judgment to be entered herein.
3. That said judgmenn, Together ~ith interest, attorneys'
fees, abstract expense, costs and accruing costs be decreed a
prior lien upon the Mortgaged Property from the date of the
Mortgage, and that all rights, interests and equities of all
5
Defendants 5o
and interest of
4. That in
further sums
this suit be declared
the Plaintiff.
the event Plaintiff is required
for taxes or mnsurance premzums on
]unior co the right, title
~o advance
the Mortgaged
Property, 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
the Mortgaged Property to satisfy said judgmens, interest,
attorney fees and costs.
6. That special execution issue to satisfy said judgmens,
inheres5 and attorneys' fees, and accruing costs herein, and
the Mortgaged Property be sold according ro law to satisfy the
amoun5 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, excep5 such rights of redemption as
provided by law.
7. That if the Mortgaged Propersy is sold and not
redeemed, the Clerk of'this Court shall issue Eo the Sheriff of
said County, a writ of removal and possession, commanding him
5o put the grantee named in the Sheriff's deed for said
premises sold, or his grantee, in possession thereof, and 5o
remove any Defendants, or persons claiming by, through or under
6
any of them, or any person zn possesszon thereof ou5 of such
possession.
8. That the Plaintiff has elected foreclosure withou~
redemption and the sale of the Mortgaged Propersy shall occur
promptly after entry of judgment or
written demand for delay is filed,
months after entry of judgmens.
9. That the Plaintiff be granted
may be jus5 and equitable.
in the alternative, if a
the sale shall occur szx
such further relief as
PETOSA, PETOSA & BOECKER, L.L.P.
13~yNW 138th Street, Suite 100
C~ive, Iowa 50325-8308
Telephone: (515) 222-9400
Facsimile: (515) 222-9121
ATTORNEYS FOR PLAINTIFF
7
FEBRUARY 23r 2001 DUBUQII~, IOWA
[Date] [City] [State]
724 KIRKWOOD A~Et DUBUQUE~ IA 52001
[Property Address].
1. BORROWER'S PROMISE TO PAY
In retain for a loan that I have rccciYed, I promise to pay U.S. $ 5 7,0 0 0.0 0 (tiffs amo~at is called "Prthcipal"),
I will make all payments ~mder this Nots in ths form of cash, check or money orden
I understand that thc Lender may transfer this Nom. The Lcedar or anyone who takes this Note by ~-~msfer a~d who is eotifl~d
to receive payments under tiffs Nots is called the "Note Holder.':
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Pr/ncipal has been paid. I will pay ioterest at a yearly rate
of ? .250%.
The interest rate requked by ti~s Section 2 is the rate I wql pay both befors and after any default described in Section 6(B) of
this Nots.
3. PAYS'lENTS
(A) Time and Place of Payments
i ,~ilt pay principal and Interest by m akl r~g a payment every month.
I will make my monttdy payment on the lST dayofeachmonthbegirmingon APRIL 1, 2001.
I will rrmke these payments every month until i have paid all of the principal and interest and arq' other charges described below tl~
I may owe under fi-ds Note. Each monttdy pa}Taent will be applied ms of its scheduled due date and will be applied to interest before
Principal. If, on ivmaCH 1, 2031, I still owe amounts under this Note, I will pa}' those amounts in full on that
date, wtfick is called the '~MatmS~y Date."
I will make my montb/y payments at
4242 N. HARLE~ AVE.
or at a di~er eat place if required by the Nme Holder.
(B) Amouni of Monthly Payments
My monthly payment will be in the amount of U.S. $388.85.
4, BORROWER'S RIGHT TO PPdgPAY
t have the fight to make paymeats of Principal at any time before they, are due. A payment of Principal ouly is kun~va as a
' ~Prcpayment.' ' When I make a Prapayment* I wilI tslI the Note Holder In writ/ag that I mm doing so. I amy not des/guam a pa~vaent
as a Prepa}unent if I have not made ali the monthly-pa~Tennts due under the Note.
i ~ make a full Prepaymant or partial Prcpay~uunnts without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the mount of Principal that I owe under tiffs Note. However. the Note Holder may apply my Prepayment m
Note. If I make a partial Prepa~unnt* there wilt be no changes in the due dats or In ths amount of my munthly payment unless the
Note Holder agrees th writing to those changes,
5. LOAN CHARGES
Ifa law, which applies to this loan and which sots mmxlmam loan charges, is finally interpreted so that the interest or other loan
chacges collected or to be collected in connection with this loan exceed the pcunitted liruits, then: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limk; and (b) any sums already collected from me wh/ch
exceeded permitted lirn/ts ~ill ha refunded to me. The Note Holder ma) choose to maks tiffs refzmd by reducing the Principal t owe
under this Note or by making a direct paymera to me. Ifa roland reduces Principal. the reduct/on will be treated as a pardal Prepaymen¢.
6. BORROWER'S FAILURE TO PAY AS REQIJIiTED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monttfiy payment by tho end of 15 calendar days
afler ths date it is due, I will pay a late charge to the Note Holder. The amount'of the charge will be 5.000 -% of my overdue
pa3,anant of principal and interest I will pay ~his late charge promIXly bu~ only once on each late paymen¢.
If I do not pa), the full amount of each monthly payment on the date it is due, I wili be in default
(C) Notice of Default
If I am in default, the Note Holder may send me a written not/ce t e, Iling me that if I do an~ pay the ovardne amount by a certain
date, ths Note Holder may requisc me to pay knmediately the fail amount of Prinalpal which has not been paid and all thc Interest
that I owe on that amount. Tlmt date must be at least 30 days aRar the date on which the notice is marled to mc or delivered by other
0)) No Waiver By Note Holder
Even if, at a tlms when I am in default, the Note Holder does not require me m pay immediately in fall as descr/bed above, thc
Note Holder ~li st/l[ hays the right to do so If I am In default at a later t/me.
(El Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in fall as described above, the Note Holder will have the right to be p~dd
back by mc for al/o fits cos'ts and expenses in enforcing this Note to the sxtent not protfibitcd by applicablelaw. Those expenses include,
for example, reasonable attorneys' £ees~
7. GIVING OF NOTICES ~
requires a different metho~ ahy horace that must be green to me m~der this NOte
Unless
applicable
law
it or by mailing it by first class mail to me at the Property Address above or at a ~erent address if I give the Not~ Hdlde~'nofice
of mS, different address.
Any notice that must be given to the Note Haldcr rmdcr this Note will be gi%~n by delivering it or by malling it by. first class mail
to the Note Holder at the address stated in Section ~ (A) above or at a different address if I am given a notice of tMt diiferunt address.
OBLIGATIONS O1¢ PERSONS L~tq)ER TItlS NOTE
~ more tha~ ~ne parson signs this NOte, each person is fully and personally obligated to keep a/~ of the promises mada in tlfis
Nora, hicinding the promise to pay the full amount owed_ Auy person who is a guarantor, surety or endorser of this No~ is also obligated
to do these firings. Any person who takes over these obligations, incinding the obligations of a guarantor, suretL~ or endorsar of this
Note, is also obligated to keep all of the promises made in this Note. Tl~¢ Note Holder may ¢aforce its fights under this Note against
each perso~ individually or age,nsf all of us together. This means khat any one of us may b¢ required to pey all oftha amounts owed
under tiffs Note.
9. WAIVERS
[ and ~my other person who has obligations under tlfis Note w~2w-e the rights of Presentment trod Notice of Dishonor.
'~Presentment: ' means the tight to require the Note Holder to demand pa)maent of amounts due. "Notice of Dishonor' ' means the
fight to require the Note Holder to give notice to other persons that amo~mts due have nor been paid
10. UNIFOR1VI SECIiRED NOTE
This Note is a mxiform inshnm~ent with Iindtod variations in some j~risdiclions. In addition to the protecuons given to the Note
Holder under this Note, a Morrgaga, Deed of Trust or Securiu Deed (thc:'Securliy Instrument"), dated the same data as this Note,
protects the Note Holder from possible losses which might result if t do not kesp the p~omises which I make inthis Note. That S¢cutity
Instrument describes how-and Lmdar what tend/duns I may be required to make immediate payment in full of ail amounts I owe under
this Note. Some of those conditions are dcsoribed as follows:
If ali or ~nypart of the Property or auy Interest in the Property is sold or transferred (or if Borrower is not a natural person
and a bencfic%l inter&st in Borrower is sold or transferred) witho~ Lender's prior written consent, Lender may require
mimediate p~e~t in full of ali sums secured by fids Security Instrument. However. this option shall not be exercised by
Lender 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 30 da?s from the date the notice is given in accordunce with Section 15 witt~ which Borrowar mus~ pay ail
sams secured by this Securky Instrument. If Borrower fails to pay these sums prior m the expiration of this period, Lender
nm), Invoke any remedies permitted by this' Security Lastrmncnt ~out further notice or demand on Borrower
WITNESS THE HAAxrD(s) PfiqD SEAL(S) OF 17:IE UNDERSIGNE/~ \,
PAY TO 'THE ORDER OF
- ~A~ G~OUP, lNG,
JCCE PRESIDENT
[Sign Original OnlyJ
When ~e¢orded mail to:
ABN AMRO MORTGAGE GROUPr INC.
P.O. BOX 5064
TkOY, MICHIGAN 480~4
ATTN:FIN~-L/TRAILING DOCUMENTS
TELEPHONE NO:
T~is iusmu~ea~ was prep~d by:
Michelle Be!molds
2001 Westown Parkway, Ste. 201
West Des MDines, IA 50315
(515) 225-1103
FEB 28 PH 02
LOAN ~: 6t3~19027
MORTGAGE
DEFI/qlTIONS
Words used in mulbple sections of th/s document are defined below and other words are defined in Sections 3, l 1, 13, 18, 20 and
21. Certain rales regarding the usage of words used in this doc~unent are also provided in Section 16
(A) "Security Instrument" means this document, which is dated FEBRUARY 23, 2001, together with all Riders
to this document
(B) "Borrower"is DANIEL L ERNZEN and Jennifer Ernzen, husband and wife
Borrower is the mortgagor under tkis Secmity Iustrament
(C) ~Lender" is ABN AMRO ~IOItTGAC~ ~ROUP, INC.
Lender is a CORPORATION
DELAWARE.
MICHIGAN 48084.
Lender's address is
organized and existing under the laws of
2600 W. BIG BEAVER RD., TROY,
Lender is the mortgagee under this Security Instmmant
(D) "Note" means the promissory note signed by Borrower and dated FEBRUARY 23, 2001. The N~e states
that Borrower owes Lender ***************************************** SE%tEN THOUSAND AND NO/100
********************************************************* Do,ars ~J.S. 857 ~ 000.00
plus interest Borrower has promised to pa), [his debt in regular Periodic Payments &nd to pay thc debt in full not later than
MARCH 1, 2031.
CE) "Property" means the property that is described below trader tim heading "Transfer of Rights in the Property."
t~-~ ' "Loan' means the debt evkienced by tho Note, pius interest, any prepayment charges and late charges due under the Note, and
all sums due under this Security L'xCaumant, plus interest.
(G) "Riders" means all Riders to tt~s 8ecari~y Instrument that are executed by Borrower. The roi/owing Riders are to be executed
by Borrower [check box as applicable]:
[~, Adjustable Rate R/der [~ Condominium Rider ~ Second Home Rider
! t Balloon Rider [ iPlunned Unit Develcrpment Rider [~ Other(s) [specify]
~ 1-4 Fmaily Rider [---] Biweeldy Payment Rider
;
(}10 ' 'Applicable Law" means alt contro/ting applicable federaI, s~ate and l~cal statutes, regulations, ordinances and administrative
rules and orders (that have the effect of inw) as well as all applicable final, nomappealable judicial opinions.
(1) "Community _&ssociation Dues, Fees, and Assessments ' ' means all duas, fees, assessmants and other charges that are imposed
on Borrower or the Property by a condominium association, homeowners association or similar organization.
(J) ' 'Electronic l~nds Transfer' ' meuns any transfer offimds, other than a transaction od ginsted by check, dra~, or similar paper
instrmnent, wtdch is init/areal through an electronic terminal, telephonic instrument, computer, or magnetic rope so as to order,
instruct, or authorize a f~n~ncial instittltion to debit or credit aa aqcount. Such term includes, but is not limited to, point-of-sate
transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
IO~/¢A--Single Family-Famde MaWfreddie ivfa¢ UNIFOpd~i INSTRUMENT Initials, 0, '~, -~
LOAN 9~ 613~19027
(I{) "Escrow Ithink' ' means those items that are dcsmibcd La Section 3.
(L) "M[isceliffneous Proeaeds" means any compensufio~, settiffmant, award of deranges, or proceeds paid by any third party (other
than Iffsuranea proceeds paid under the coverages descn'oed La Section 5) for (i) damage to, or dastmcfion of, the Proparb'; (ii)
condermnation or othir taking di"aiI or any par[ of the Property; (iff) conveyance in llan of condemnation; or (iv) misrepreserdafinas
of, or omissions as to, the value and/or condition of the Property..
(M) "Mortgage I~surance" means insurance protecting Lnader a~nst [he nonpayr~ant o~ or default ob the Loan.
(N) '~Periedic Payment" means the regularly scheduled mount due for (1) principal and interest under the Note, plus (ii) any
mounts ueder Section 3 oft[ds Security Inskrmment.
(O) 'qLE$?A" means the Real Estate S¢tflement Procedmas Act (t2 U.S.C. §2601 et seq.) and its implementLag regtdation,
Regulation X (24 C.F.R. Pm 3500), as they might be amended from time to time, or any additional or successor legis~ar/na or
regulation that governs the same subject matter. As used ~n tiffs Security Instrument, "RESPA" rc~ers to all reqr&rements and
restrictions that are imposed in regard to a "federally related mortgaga loan" even if the Loan does not qualff7 as a"federaIly related
mortgage ham" trader RESPA.
(P) ~Suecessor in Interest of Borrower' ~ means any poz~ythat has taken rifle to theProparty, whath~ or nat that party has assumed
Borrower's obligations mrder the Note an~or this Security Ir~mment.
TRANSFER OF RIGHTS 1N THE PROPERTY
Tiffs Sesurity histmmem secures to Lender (i) the repa3,~ent of the Lear~. and ali rnaewais, extensions and modLfi catim~s of the Note;
and 2il) the performance of Borrower's covenants and agr~ments under this Seeamy Lnstmmem and the Note. For tiffs pm-pace,
Borrower Lrrevocabiy mortgages, grm~ts and conveys to Lender, with gax'~er of saie, the following described properr~ located in the
which currenll), has the address ef 724 KIRKWOOD A~, DLrBUQUE,
iSwz~] [City]
IOWa 52001 ('~Praperty Address"):
TOGETHER WITH all the kaprove, me~m now or hereafter erected on the prap~., mad ail easements, appurremmces,
fi,Cares now or hereafter a part of the propezey. Ail replacements and additions shall aiso he covered by this Secur2ty Instrument. Ali
oftha foregemg is referred to La tiffs Security Lasframeat as the "Property.-
BORRO %VER CO%~ENANTS that Bom'er is lawfi~!y seised of the estate hereby conveyed and has the fight to grant and conve}'
the Property and that the Preper~yis unencumbered, except for encmbrnaces of record Borscwer w~ts and wiff defend generally
~e lite to the Property against ali claims and demands, subject to any ¢ncumhrances of record.
THIS SECURITY INSTRUMENT combthes uniform covanants for natianai ~e ~nd non-uniform covenaurs with lirdted
variations by jurisdiction to constitute a anifovm seemdty i-~str mmenr covming real proper~y.
UN/FORM COVENANTS. Borrower and Lender cc,~,enur¢ and agree as follows:
1. Payment of Prlncipai, Interest, Escrow Items, Prepaymeot Ctiarges, and Lafe Charges. Borrower shait pay when due
the prLac/pal of; and Laterest on, the debt e~denced by the Note a.nd any prepayment charges and late chin-gas due under the Note.
Borrower shall aisc pa}. fonds for Escrow Items pursuant to Section 3. Paymems due under thc Note and lifts Security Ir~Lmment
shall be rrmde La U.S. curmnc% However, E any check or other instrument received b~ Leader as payment under the Note or this
S ecm-5~ Iffstrm:aent is rammed to Lender arrpaid, Lender may reqmre thru any or al1 subseqann[ payments due artier the Note and
this Security Instrument be made in one or more of the fdtov,,Lag forras, as selectedbyLender: (a) cash; (b) money order; (c) cerldfied
check, bank cheek, treasurer's cheek or caskier's check, provided a~ stroh check is dmwa upon an Lasthufion whose deposits are
Lasured by a federal agency, insmuneatality, or entity; or (d) Electro~.c Funds Tremsfen
pa.waents are deemed received by Lender when received at fl~e location designated La the Note or et such other location as may
be designated by Lnader iff accordance with the notice provisions ia Section l 5. Lender ~ return an5, payment or partial payment
if the padmaent or pazt~ payments are insufficient to bring the Loan c-J.rrent Lender ma7 accept may payment or parridi payraenr
Laanffidient to bring the Loan currant, withnat waiver of an)' rights hereunder or prejudice to its fights to refasc such paymnat or partial
paymeras in the fimu'e, hut Lender is not obti;gated $o apply such paymerds at the time such paymeurs ure accepted, if each Periodic
Padwaent is applied as co'its scheduled due date, then Lender need not pay into, rust on unapplied funds. Lender may hold such mmpplied
funds until Borrower makes p .aymeat to bting the Loan current tfBovrower does not do so w~thin a reasonable period of time, Lender
shall either apply such fimds or rctm, m them to Borrov,'er. If not applied earlinr, such fo~ds willbe applied to the outetandLag pr/nc/pal
bai~mce under the Note immed/ately prior to foreclosure. No offset or claim which Borrower mighi have now or in the future against
Lender shall relieve Borrower from makir~g pa3,m~emts due umder the Note and L~S Sacurit7 Instramnat or pefformLag the cove, hunts
and agreements scoJ.red by this Security instrument
2. Appllcatio~ of payments or Proceeds. Except as othervdse described La this Section 2, ali payments accepted an~ applied
by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) prindipai due under tha Note; (c)
imounts due under Section 3. Such pa~maanls shall be applied to each Periodic F~ayment in the order La which it became due.
rern~incng amolmts shall be applied fizz to late cllcrge,, sccond to any other amanats due ~mder this Security Instrument. and thetl
to reduce the principal balance of tha Note
~f Lender receives a payment fi~m Borrower for a delinquent Periodic Payment wiffch includes a sufficient amount to pay any
[ate charge due, the paymemr may be applied to the delLaquent payment and the late charge. If more than one Periodic Pa~ent is
Any application of payments, irmuruncc proceeds, or Misceliancous Proceeds to principal duc under thc Note shell not extund
or postpone the dna date, or clmmgc the amount, of the Periodic Payments.
is paid in full, a sum (the';Funds' ') to provide for payment of amoutus duc for: (a) taxes and assussmcnts mud other items wuich can
Propor~y, if any] (c) prcminros for may and ail iusurancc sequircd by Lender ~nder Section 5; a~d (d) Mortgage Insurance prcnfiums,
at any time by a notice g~vcn in accordance wdth Section 15 and, upon such revocation, B on-ewer shall pay to Lender alt Frauds, and
The Funds shall bc hald in an institution whose deposits aze insured by a federal agancy, inskunmen~V, or enfitS' (including
the Funds, smmally mzalyzing the cserow account, or w-¢rifying thc Escrow Items, unless Lender pays Borrower intercs~ on thc Funds
accounting of the Funds as required by RESPA.
ir~ accordance ~4th RESPA./f there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall nothey Borrower
as required by RESPA, ~md Borrower slmli pa)' to Lender the amount necexsary to make up the shortage ha accordance with RES?A,
but in no more than 12 monthly payments. If there is a deficiency o£ Funds hold in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amounf necassa~, to make up the deficiency in
Upon payment in full of ali sums secured by this Secm~ity Immumetu. Lender shall promptly refund to Borrower any Funds held
by Lender.
manner provSded in Section 3.
B orrun, er shall promptly di~chorge any lien which has priority over this S ecmity Instrument unl ess Borrower: (a) agrees ha writing
such a~reement; (b) contests the l~en in geed faith by., or defends against er~orcement of the lienin, legal prcceadin~ wh/ct/in Lender' s
opkdon operate to prevent the e~furccmem of the lien wtfi/e those propeedings are pendhag, but only until such proceedings ere
agahast loss by fire, hazards included w'rch/u the term "extunded coverage," und any other hazards including, but not lhafited to,
asmhquahos and deeds, fur which Lender req~res iasarana¢. Tiffs Insurance shell be mahatuhaedin the amounts OnaludingdeducCible
levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change dmSng the
term of tho Loan. The Insurance carrier pro~Sding the hasurance shall be chosen by Borrower subjec~ to Lender's right to disappro~'e
Borrower's choice, wt:dch right shali not be ;~rcised unreasonably, Lender may require Borrower to pny, ha counection w/th this
Loa~, alther: (a) a one~fime charge for flood zone determination, cerfificalion and tracking services; or Co) a one-time charge forflood
objection by Borrower.
Properly., against any risk. hazard or liability and might provide greater or lesser coverage thun was prev'iousty in effect. Borrower
IOWA--Singl~Farm~y--Farmiel~lae/Frea~deMaeE~IFORMIl~tSTRUMEl~T Init/als: O~ ~.
Ail insurance policies required by Lender and renewals of such policies shat1 be subject to Lender's right to disapproi/e such
policies, shall include a standard mostgagc clause, and shall name Lander as mortgagee and/or as an additional loss payau. Lender
shell have the right to hold thc pelici es and renewal cer6fi cutes, ifLunder requires, Borrower shall prompts' glvc to Lender all receipts
of paid premiums and zancwaI notices. If Besrov,.er obtains any form of insurance co%~rage, not otherwise required by Lander, for
~agc [o. or destruction o~ thc Property, such policy sl~l inctuda a standard mortgage cians~ mud shallname Lender es mor~gag¢c
and/ur as mu additional loss payan
In the event of las% Burrower shall give prompt notice to thc insurance curriar and Leader, Lender may make proof of lass if
not made promptly by Borrowar. Unlass Lcnd¢~ and Borrower other~isc agree in writing, auy insurance proceeds, whether or not
~he underlying insurance was required by Lender, sba/1 be applibd to restoration or repair of the Praperty~ if thc ms,oration or rapair
~s econoraicalty fcasibla and Lender' s security is not lcssaned. During such rcpais and restoratlan period, Lender shall have thc fi Eht
to hold such insurance proceeds until Lender has had an opporkufity to inspect such Property to ensure thc v,,nsk has been coraploted
to Lender's satisfaction, pro~idcd tha~ such inspection shM1 he under, kan promptly. Lcnd¢~ may disburse proceeds for thc repairs
writing or Applicable Law rcquiras interest to he paid on such insurance proceeds, Lender shall mot he required to pay Borrower any
in,crest or cardings on such proceeds. Fees for public adjusters, or other third parties, retained b)' Borrower shall not be paid out ~f
the in~rauce proceeds and shall be the sdi¢ obligation of Borrowan If thc restoration or rapais is not ¢co nomical]y feasible or Lender' s
sucunty would bc lcssened~ the insurance proceeds shall be applied to thc sums secured by this Sccori~ Instnnncnt whether or not
then duc, with the excess, If may, paid to Borrower. Such iDmurance proceeds shell he applied in the or'er prouidcd for in Seclion
If Borrower abandons thc Pr op~0', Louder may file, negotiate and sctda an), available msmmnce claim and related mat~ers. If
Borrower docs not respond within 30 days to a notice fi.om Landsr that thc insurance corrlar has offered to sct~te a slain% then Lender
may negotiate and stifle the claim. The 30~day period will begin wbcn thc notice is given. In either ~an% or ifLcndas acquires the
ProperBj under Sccfiun 22 or otherwfse, Borrow~ hereby assigns to Lander (al Borrowar's rights to any insuranee proceeds in au
amount not to exceed the amounts unpaid under thc Note or this Security Im~xumcm, and (b) any 6thcr of Borrov,,er's rights (other
than thc right to any. refund of untamed pranfiums paid by Borrower) under all insurance policies covering thc Property, insofar as
such rights ere applicabI¢ to the coverage of thc Proper~y. Lc nder may use thc insurance proceeds citber ~o rapair or restore thc Prapcrty
or to pay aranun[s unpaid under thc Note or this Seauri~ lnstramcnt, whcthar or not than duc.
6, Occupancy. Borrower £nal} occupy, establish, and usc thc Propur~ as Bor£owcr's pnucipal residence ~Jthfa 60 days at%er
the cx¢cofion of ttfis Sccurit). Instrument and sh~d continue to occupy the Property as Borrower's prlncipal rasidance for at l~ast one
year after the date of uccapancy~ unlaas Lcndas othecwisc agrees in writing, which consent shall not be unreasonably withhald, or
unlass extenuating circumstances exist width arc beyond Borrower~s control,
7. Pre, em, aden, Maintenance and Protection of the Propane'; Inspections. Burrocver shall not destroy, damage or m~pais
thc Prapeny, allow the Proper~y to detariomte or coramk ~m...~e on thc Prapcr~-. Whethar or not Burrower is residing in ~he Prop~.
Borrower sial1 n'mint~in thc Property in erdar to prevent thc Proper~y from datesioratlng or decreasing in value duc to i~s ocndition
Unions it is determined pursuant to Sctaion 5 that repair or restoration is not economically fcasibla, Borrower shall promptly
thc Property if damaged ~o avoid further dcterioratian or damage. If insurance or condan~afion proceeds ~c paldin connection w~th
damagc to~ or thc t~dng of, thc Propesty~ Borrov,,er shall he rnspunm~cic for repairing or restoring thc Proper~y only if Lander has
released proceeds for such porpascs. Lender may disburse proceeds for thc repairs and rcs~orauon m a single paymcn~ or m a series
Prepare,, Borrower ~s not raliewd of Berrower:s obligation for thc completion of such repair or restoration.
Lender or its agent ma)' mmk¢ rcasumbla antrics upon and insp~ions of thc Property, If it has rcasunablc cause. Lauder maw'
inspect the interior of thc improvemants on thc Properb/. Lender sh~ give Borrower notice at fl~c time of or prior to such mu i~¢dor
inspection specifying such ra~oanble cause.
& Boreewer's L~an Application Borrower shat1 hain default If, durlng theLoan applicationproccss: Ben-ewer or any persan.s
or entities acting at the direction of Borrower or with Burrowcr's knowibdgc or senses gave materially false, nfislc~ding, or irmcanra[c
L~formafion or statamauts to Lender (or failed to pro~dd¢ Lender with material irfformation/la cannecdon with the Loan. Matctial
principal residence.
9. Protectian of Lander's iuthrest in the Propert), and Pdgh~ Under this SecurF~y Instrument. If (al Berrawar fails to
perform thc covanants and agrceraants conk~iued in fli~ Securlty Instramcm f, (b) there is a lagnl proceeding fi]at might s~gaiSc~tly
~tffec~ Lcnda?s interest in thc Property and/or rights under this Securi~ Instraman~ (such as s proceeding iu hankrap¢~% probate,
for condemnation or forfclturc, for anforccment of a Hen which may attain priority over rids Security Instnmlcnt or to enfurcc laws
or regdiaffons): or (c) Borrower has abandoned the Proper~y, then Lender ma}, do ~md pay for v~hatcver is reasonable or appsopriatc
to protect Lander's hitara¢~ in the Praper[y and fights under this Security Insmm~nt. including protecting and/or assess fag thc value
of thc Propesty, and securing and/or r cpairing thc Property. Lender's actions can include, but are not limited to: Ia) paling an)' s~uns
securad by a lien wkich has priorisy over 6Ms Securi~' Instrument; Co) appeuring in court; and (c) pa~g ¢¢asunablc at[orncys" fees
to protect its imcrest in thc Prapesty and/ur fights under this Sccerity In~mment t~ucinding its secured pnsifion in a bankruptcy
proceeding. Securing thc P~operty includes, but is not linfited to, entering thc Praper~y to make rcpafrs, change looks, rcplucc or board
up doors and windows, dm~n water from pipes, eliminate building or other code violations or dangerous conditions, and havc utiliti
P.n'ned on ur cit. Although Laudar may take action u~udcr this Section 9, Lender docs not have to do so and is not under any duty or
obligation to do so. It is agreed that Landar incurs no lt~hi~Jty for not ~Mng a~y or ali actions authorized under ttds Section 9.
An)' amounts disbursed by Lender under this Sechun 9 sha~ become additional debt of Borrowes secured by this Security
Irmtnnnlnt ~hese amoudts s]m/l bear interest at thc Non rate from the date of disburscmcn~ and shall he pay'abla, with such interesr~
upon notice from Lender to Burrower requesting pa~ancat.
?. this Security Insmnncat is on a lcascho, ld~ B. on-ower shell comply wlth ali the provisions of thc lease. If Burrower ucquires
fcc t~lic to thc Prapcr~y, the lcasaheld and th~ fcc nde shal! not merga unless Lunder agrees to thc merger Lu writing.
5[0. Mortgage imsaranee~ If Lander rcqulred Mortgage Insurance as a cohdition of making the Loan, Borrower sh~l p~, thc
premiums mqui~d to ra~n~dn the Mostgaga Inmlrance th effect If.. for any rcasun, thc Mortgage Insurance coverage rcqdircd by
Lender ceases to he available from thc mortgage insurer that pravionsIy provided such insuranee and Borrower was req~fircd to make
separately designated payvaents toward thc pecminnm for Mortgage insurance, Borrower slmlJ pay thc premiums reqdired to obtain
coverage subs~ufinlly eqnlvalcn~ to the Mor~gaga Insurance prcvinu~Iy in eff~ta, at a cost substantially cqu2-valcat to
Borrower of the IvIortgaga Inmu anco previously in cff~ct, from an s/teraat¢ mort~gc insurer selected by Lcndes. If schstaatinIlv
desigaesed paymants that wur¢ due w'hcn the inmzanco coverage ceased to bc in effect Lender will eccepu nsc and retain thesc
payments as a non-rcfundabla ]uss resesv¢ in lieu of Murtgaga Ifisurunce. Such loss reserve sha/l be nomraflmdabla, autw~ff~mnding
th~ fact that the Loan is ultimately l:~dd in fall, and Lender shall not be rcq%dred to pay Borrower any interest or earnings on such
loss rasurve. Landes can no longer requira loss rcsurv¢ payments if Mortgage Insurance covuraga (in the urocunt and for thc period
that Lender requires) provided by au inn.u-er sdcctod by Lender again becoraes available, is obtained, a~d Lender rcqufrcs separately
dceigaated payments towm'd the prcminm-~ for Mor~gaga Insurance. If Lender required Mor~gaga Insursnc¢ as a cundiffun ofmakin~
Mortgage Lusurauc¢ rcknbu~es Lender (or auy ¢nti%' ~t purchas~ ~¢ Note) for cc~ ]osses it may ~c~ if Bo~ow~ docs
tn~c¢ prc~).
of a~' of ~e fomgoin~ may receive (~recfly or in~r~y) ~o~ t~t d~ve ~om (or ~ght be ch~cterized as) a posen of
(b) ~y such a~eements w4~ not ~ect the ri~ts Bo~ower h~- if any - wi~ r~pea to the ~o~gage ~rance ~der
f~ble or Lender's se~fiW would be lessenS. ~e ~s~II~eous ~ee~ s~ be applied to ~e ~ms sec~ed by ~is Sec~
s~ured by ~is Secufi~ I~en~ whe~er or not ~en due, x~ ~e execs, if ~y. p~d to Bo~ow~.
~ ~i~g. ~e ~ms s~ed ~ ~s S~i~ Imm~m~t s~ be r~uc~ ~ ~e mo~t of the ~mxeous Pmc~ds mulfipti~
s~ be appH~ m ~e ~ s~r~ by ~ Sec~' ~ent whe~er or not ~e ~s ~c ~ due.
~ ~e Pro~ is a~do~ by Bo~ower, or ~ ~ notice by Lender to Bo=ow~ flint ~e ~s~ P~- tas d~ed ~ ~e
nero senten~) off~s to ~e ~ awaffi m se~e a cMm for d~s, Bo~ow~ ~s to m~nd to ~nder M~n 30 ~ys ~er t~
~te ~e notice is ~ve& Lend~ ~ au~o~d ~ ~gm ~d apply ~e ~scelI~eous Proce~ eider to re.oration or rep~ ~¢
~o~ or to ~e ~s s~ed by tiffs S~B' h~ent, whe~ or not ~en due. '~pos~g P~" me~ the ~rd paw ~t
for in Se~ 2.
~e Prop~ ~der ~e t~ ~ ~ S~ ~nt; ~) is not p~on~ly obli~t~ m pay ~¢ ~s se~r~ ~ ~s S~i~
LOAI~ %: 613419027
InsW.uaent. Bon'ow~ shall not be ~1¢~ ~om ~s ob~gafio~ ~d Iiabili~- und~ ~s S~i~ I~m~t u~¢ss Lender
a~ to ~ch ml~sc in w~fi~. ~c ~v~ ~d ~¢emcn~ of ~ ~' I~cnt s~l b~d (cxc~t as pro~d~ in S~on
20) ~d bcn~t ~c ~cccssors ~d ~s of Lender.
14. Lo~ Ch~. ~nd~ m~' c~Ec Bo~owcr f~ for s~d~s p~o~cd in co~c~on %%4~ Bo~wc~'s dcfa~ for ~¢
pu~osc of protege ~nder's ~crcst ~n ~¢ Propc~ ~d fishm under ~s S~ufiU In~cnt, iuclu~ng, but not limlted to,
a~omcys' fcc% pr~ ~p~on ~d vMuafion fees. ~ reg~ to ~y o~ fees, ~¢ ab~nce of exprc~ authority' in ~s
ch~gc f~s ~ ~c ~r~sly prolfibited by ~s Sc~fib' I~¢nt or by Appli~bt¢ Law.
~ Lo~ is ~j~t to a law wlfich se~ ~ lo~ cMrg~, ~d ~at law ~ fi~y inte~rc~d so ~t ~c in~ or other
lo~ ch~ges ~11¢~ or to be ~H~ed ~ ¢o~¢~on wS~ ~¢ Lo~ ¢x~ ~¢ pe~¢d ~, ~ (a) ~y such lo~ c~g¢ shall
w~ch exce~ed p~a~ ~ ~ be z~nd~ to Bo~ow~. ~nd~ ma~ choose to ~¢ ~s r~nd ~ reducing ~¢ pfinci~ owed
~der ~e Note or ~ ~ng a Er~ pa~ent to B~wer. ~a ~d r~ces ~dpE, ~¢ redu~on ~ be ~¢at~ as a p~iaI
prepas~t ~thoat ~y prepayment ch~ge (%%¢~¢r or not a pr~aymem c~ge is prided for ~der the Note). Borrower's
a¢~ of ~y such r¢~d ~de by dir~ pa)~¢nt to Bo~ower wi~ con~mt¢ a ~ver of ~}' fi~t of a~on Bo~ower ~ght
Mve aising out of ach
15.
notice m aH Bo~ow~s ~less Applicable ~w ~ressl~- ~q~es o~¢~s¢. The notice ad~s sh~ be the Pro~, ~s ~ess
Bo~ower ~ desired a ~sfimte n~ce address by nofi~ to Lender. Bo~r s~l wompti[ no~' Lender of Borrower's
ch~g¢ ofad~ess ~ou~ ~t s~cffled pr~¢, Thee may~ oEy one d~i~led notice ad&~s ~der ~is S~U I~mment
at ~y one time. ~y notice to Lender s~l be Wen by delivering it or by maihng it by fir~ class m~l to Lender's a~r~s ~ated
herein ~¢~ Lender has desi~at~ ~o~¢r address by notice [o Bo~ower. ~y no~e in co~ecfion ~4~ this S~iu Instrument
shE1 not be d~med to have been Wen to Lender ~fi 1 ac~%v r¢c~v~ by Lender. Iffy nofic ¢ requir~ by ~is S ec~ity ~st~¢nt
is Eso mq~r~ ~der Appli~ble Law, ~e Appfi~ble Lee r~ukemem will safi~' ~e co~e~ondiag requirement ~der ~is
16. Govc~g Law; Severab~U; ~les of Con~cfiom Tbs S¢~is-Instmmem s~ be govemM by ~d~ law ~d~e
hw of ~¢ jafisE~on ~ w~ch ~¢ Prop¢~ ~ I~. ~ fi~ ~d obS~fio~ contained ~ ~s S¢~' Ins~en~ are subject
to ~y req~¢m~ ~d l~io~ of Applicable Law. A~h~l¢ Law ~t ¢~Iicifly or implicitly ~ow ~¢ p~es to agree by
~w~act or it ~ght be sii~t, but sack state sM~ not be ¢o~m~ ~ a pro~fion agEn~ a~m~t by con, act ~ the ~en~ that
~y provision or ¢~us¢ of t~ S¢~ ~ment or ~¢ Note ¢o~ ~ Applicable Law, ~¢h co~a s~l not ~ o~er
pmvi~o~ of this S¢~fity t~ent or ~¢ No~ which can ~ giv~ ~ ~aou~ ~¢ co~ic~g prox4sion.
As ~ in ~is S~ty Ins~m~t: (a) wor~ of ~¢ m~in¢ g~der shall m¢~ and include co~¢~on~ng neuter wor~ or
wor~ of~a laminae gender; ~) wor~ E the sin~ sMII m~ ~d include ~¢ plar~ ~d ~5c¢ ver~; ~d (c) ~¢ word "may"
giv~ sole ~s~efion Mthout ~y obli~fion to ~¢ ~v
17. Bov~wer's Copy. Bo~o%ver shE1 be ~ven one ~py of the Note ~d of ~is S¢c~' I~ent.
18. Tr~ffer of ~e Pmpemy or a Ben~d~ ~tere~ h Borrower, As ~d in ~s Section t8,
means any Ie~ or b¢~dE ~t~t in ~¢ ~opeW, ~clading, but nol h~l¢d ~o, ~¢os¢ ben,ciE inler~ ~¢~¢d in a bond
for d~, ~on~ for d¢¢~ i~¢nt sal~ ~n~t or ~ow a~nt, ~ Etem of w~ch is ~¢ ~r of rifle by
at a ~¢ date to a
~ ~ or ~y p~ of ~¢ Prop~ or ~y ~temst ~ ~¢ Pro~ ~ ~Id or ~¢~ (or ffBo~ower is not a ~mml p~on ~d
a~n¢ficiE ~ter¢~ E Bo~o~h sold or ~ffe~d) ~lhout Mnder'sprior ~ ~¢nt, ~der ~ mqdrei~a~ pa~e~
in ~ of ~I sums s~d by ~ S~fi%, ~¢nt. Howler, ~s ~fion sMH not be ex~ci~ by Lender ff such exercise is
pro~bi~d ~ Apph~bl¢ Mw.
~ L~d~ ex,rises ~is option, Lend~ shE1 give Bo~ow~ notice of accele~on. The nofi~ shE1 pr~id¢ a period of na 1¢~
~ 30 ~ys ~om ~¢ ~ ~¢ nofi~ ~ Wen ~ a~or~¢¢ ~'i~ Scion 15 M~ w~ch Bo~ower m~ pay dl ~ ~ ~
~ S~ ~¢n[ ~Bo~ow~ f~ to pay ~¢~ s~s prior to the e~kafion of~is ~fiod, Lender may Evoke ~y
19. Bo~we~s ~t to ~n~e Mier A~de~om ~o%~ m~s ¢~ ~n~fio~, Bo~ower s~l Mv¢ ~¢ right
to M~ ~or~meat of ~ S~ufi~ ~ment ~nfinu~ at ~, time prior to ~e ~h~t of: (a) fi~'¢ ~s b~om ale of ~e ~ope~
p~t to ~y ~'~ of ~e c~t~¢d in ~ S¢¢ufiU ~¢n~ ~) ~ o~ ~od as Apph~l¢ Law ~ sp¢~- for
te~fion of Bo~wer's fi~t to ~t¢; or (¢) ~ of a jM~ent ¢~orcing ~s S~W I~¢nt Tho~ con~fions ~¢
Bo~ower: (a) p~s Lender ~ ~s w~ch ~n wo~d be due ~der ~s S~ In~ent ~d ~¢ No~ as ff no a~¢lerafion Md
for the p~os¢ of prot~ng ~nder's inl~¢~ in ~¢ Prop~ ~ fi~/s ~der ~s Se~fi~, ~t~¢n~ ~d (d) ~ ~ch
~ ~nder may ~o~bly r~r¢ to ~¢ ~t L~d~'s ~¢~ ~ ~¢ Prop~ ~d fi~ ~¢r ~s S~' ~en~ and
Bo~ow~'s oberon m pay ~e ~ ~ by ~s S~W ~ ~ con~u¢ ~c~. ~nd~ ~y mq~¢ ~at
Bo~ower pay ~ch r¢~t~ent ~s ~ exposes ~ one or mom ~¢ fo~ow~g fo~, ~ sel~Mby Loner: (a) ~h; ~)
who~ de~fi~ ~ ~ by a f~¢~ ag~', ~m~ or ¢~6U; or (d) El¢~o~c F~ Tr~f~. Upon r¢insm~nt by
Bo~owa, ~s S¢~ ~ent ~d obS~fio~ s~d hereby s~ r¢~ ~y ~ ~ ffno acceleration had occ~.
20. SaleofNote; Ch~ge~Lo~Se~cer;NoffceofGdev~ce.~¢Noteorapa~int¢~stin~eN~a(tog¢~er%%4~this
S~fi~ I~m~t) ~ ~ sold one or mom fim~ ~out prior nofi~ to Bo~ower. A s~¢ ~ght result in a clmng¢ m ~¢
~ ~ ~¢ "~ S¢~r") ~al ~ll~s Petite P~en~ due ~der E¢ Note ~d ~ S~' Ins~t and peffo~
mortgage lo~ ~dn g obli~fio~ ~der ~¢ Note, ~is S~fity Ins~ent, ~d AppEc~le ~w. Thee E~ ~ght be o ne or mo~
ch~ges of ac Lo~ S~4c~ u~ted to a ~ ¢ of ~e Note. C ~e is a c~g¢ of~e ~ S¢~r, Bo~ow~ w~ be Wen ~it~n
~d ~' o~¢r ~o~fion ~SPA r~uk~ ~ co~on wi~ a nofi~ of ~¢r of s¢~c~ ~/h¢ Note is sold ~d th~e~er ~
r~n wi~ ~¢ ~ S~c¢r or ~ ~¢~¢d to a s~sor Lo~ Sem~ ~d ~¢ not ~¢d by ~ No~ p~chaser ~
Nd~¢r Bo~v~ nor Lend~ ~y co~% jo~, or be join~ to ~ ja~ a~oa (~ ¢i~r ~ inE~d~ 5fig~ or
~ br~hed ~y pm~on o~ or ~ da~ ~wd by ~on o~ ~s S~' ~s~¢nh until ~ch Bo~o%~r or ~der Ms
LOAN 9: 613419027
the other pasty (with such notice given in compliance with the rcq~fircmcnts of Section ] 5) of such alleged breach and afforded the
other per~ hereto a reasonable po. dod after the giving of such nofi~ lo mkc corrective action, tf Applicable Law provides a time period
wifich mu~ elspso before ceftin action can he t~en~ that time period witlbe deemed to he reasonable for purposes of this paragraph.
Thc notice of acceleration and opportunity to cure given to Borrower pursuant to S~fion 22 and the notice of azceleradon given to
B or:ewer pursuant to Section 1 g shallhe dc~med to satisfy the ~.otice and opporttafi~ to take corrective action provisions ofthls Station
20.
21. l~azardous Substances. A-s used in this Section 21: (a) '~Hazardous Subs~ces" are those substances dcfiaed as toxic or
hazardous subsances, pollutants, or wa~es by Environmental Law and the fallowing substances: gasoline, kerosene, other flammable
or toxic petroleum products, toxic pesticides and bethicldes, volatile solve~, materials containing asbestos or fonualdehyde, and
radioactive materials; Co) ~Environmautal Law" means federal la~ and laws of tM jutisdictio~ where thc Property is located that
relate to health, siffety or ¢i~viromanntaI protection; (c) "Envkonmental Cleanup" includes any response action, remedial action,
or removal actioa as defined in En~Aronmental Law;, and (d) an "Enviroamental Condition" means a condition that can cause,
contribute to, or otherwise Ixigg~r an Em, h'onmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of an.',' Hazardous Substances, or threaten to
release any Hazardm~ Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, an~ting affecting
Propcr~ (a) that is in violation of any Environmental Law, (b) which creates an Envisomental Condition, or (c) ~Vnich, due to the
presence, use, or release of a Hazardous Substance, creates a condifioa that adversely affects th~ Yalu¢ of the Property. The preceding
~o seutanc~s shall not apply to the prose, use, ane~ or storage on the ProperS' of small quantifies of Hazardous Substances that are
generally recognised to he appropriate to normal residential uses and to nmintenauc¢ of the Property. (including, but not limited to,
hazardous substances in consumer products).
Borrower shall promptly give Leader w~irten notice of (a) any in'~¢stigation, claim, denmud,, lawsuit or othar action by any
governmental or regelathzy agency or private party involving the Propcr~y and an}, Hazardous Substance or Environmental Law of
which Borrower has actual knowledge, Co) any En'~fronmental Condition, including but cot fruited tc, any spilling, leaking,
discharge, release or threat of release of any Hazardous Substance, and (c) an}' condition caused by the presence, use or release of
a Hazardous Substance which adversely.- affects the value of the Property. ~fBorrower le. am~, or is notified by any governmental or
re~Iatory authority, or any private par~.', that any removal or other rcmediation of any Hazardous Substaane affecting the Propera:-
is aecessa~,, Borrower shall prompti~ take all necessary remedial actions in accordance with Eu¥ironmental Law. N oti~ma herein
shall create any obligation on Lender for au En-/lronmenmi Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows:
22, Acceleratlon; Remedies. Lender shall ~iYe nulice th Borrower p rlar te ancelaration following Borrower's breach of
an~ covenaut or agreement in tiffs Securlty Iustrument (but not prier to accelerationunder Section 18 uuless Applicable Law
provides otherwise). The netiec shall specify: (a) the default; (b) lbe action required to cure the default: (c) a date, net less
than 30 da~s from the date lbe notice is given to Borrower, by which the default musl be cured; and Id) that failure to care
the default on or before the date specified in the notice may result in acceleration of the sums secured b~ this Secari~
In~rement, foreclosure by ja dieia[ proceeding and sale of the Properg'. The notice shall further inform Borrower of the rlghl
to reinstate ~f~er acceleration and the right to ansett in the forcelesure proceeding the ~on~e×istence of a default or any other
defense of Borrower to aecelerxtien and foreclosure. If the default is not cured Od or before the date specified in the notice,
Lender at its option may require immediate payment in full of all sum~ secured by this Secnrlty/instrument without further
demand a~d may foreclose thi~ Securlt~ Instrameni h~' judicial proceedin~ Lender shall be entitled to collect all e~penses
incurred in pursuing the remedies provided in this Section 22. including, but not limited to, reasonable attorneys' fees and
cosa of title evlde~ce.
23. Release, Uponpay~annt ofali sums s¢curedby this S~ty ~em. Lender simlI releas¢ ttfis S¢catity Iantrament Lender
m~' charge Borrower a f¢¢ for releasing tiffs Security Ins*eament, but only ~'th¢ fee is paid ~o a flfird party for services randered and
the charging of the f¢~ is permitted u~dez Applicable Law'.
24. Waivers, Borrower relinqdishes all right of dower and waives all n~ht of homestead and distributive share in and to the
Property, Borrower waiyes any right of exemption as to the Property.
25, HO1VIESTEAD EXENIPTION WAIVER. I UNDERSTA~ND THAT HOMESTEAD PROPERTY IS IN lYL&NY
CASES PROTECTED t~ROI~I Tt~E CLAIMS O1~ CREDITORS A_ND EXERIPT FROM .IIIDICL4Z SALE; AND THAT BY
S1GNLNG TI!lIS lYiORTGAGE, I VOLUNTARILY GIVE lip MY RIG~[T TO THIS PROTECTiON I~OR Tftis
MORTGAGED PROPERTY WITH RESPECT TO CLAM~S BASED UPON THIS MORTGAGE.
(Seal)
26. Eedemptloa Period, Ifthe Property is less than 10 antes in slae and Lender ~dves in any foreclosoxe pmct~-qfdng any right
to a deficiency judgment agaiust Borrower, the period of redemption fromjuclicial sale shallbe ~educed to 6 mantlm. If tho court finds
that the Property has been abandoned by Borrower and Lender waives any right to a doficiehcy judgment ageiust Borrower, the period
of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the
provisions of Sections 628.26 and 628.27 of the Code of Iowa.
Initials:
LOAN %: 613419027
li~PORTANT: READ EEFOI~]~ SIGNII~G. THE TERMS OF TItIS AGI~EI~IENT St{OULD BE P~AD CAREFIJ-LLY
BECAUSE ONLY T]]OSE TEP. SiS IN VFR/TLNG ARE ENFORCEABLE, NO OTi/L~R TEIA%~ OR ORAL PRO1M[I~ES
NOT CONTAINED IN TBIS VfRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU NIAy CHANGE
rEP. MS OF T~IS AGREEMENT ONLY BY zkNOTItER WRITTEN AGFd~EMENT.
BY SIGNING BELOW: Borrower accepts and a~ccs to the terms and ¢o>-¢a~uls containeciin this SecuriW L~straracnt and in
~uy Pdder executed by Borrower and fcc, ordeal -,~th it.
Wimesses:
executed the sa~e a~ / /~ voluntar~ act and deed.
Notary Public in and for said County and State
STATE OF IOWA )
) SS:
COUNTY OF DUBUQUE )
On this ~ day of f'/.f/~- ,2001, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared JENNIFER
ERNZEN to me known to be the identical persons named in and who executed the
forgoing instrument and acknowledged that she executed the same as her voluntary act
and deed:
Notary Public inand for said State
EXHIBIT A
Lot 1 in Union Avenue Subdivision No. 2 in the Oity of
Dubuque, Iowa, and Lot 2 in Mosher Subdivision in the City
of Dubuque, iowa, according to the recorded Plats of said
Subdivisions
05/06/03 TUE 0B:37 [TX/P,/ NO 9986] [~010
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 5his
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
person except a~5orneys associated with me in this case, for any
sharing or division of the attorney fees 5o be 5axed herein.
i further depose and sta~e that true copzes of the nose and
morsgage and any other documents declared upon mn the foregoing
Petition are now in my actual possessmon; that I have read the
above and foregoing Petition, know the consenss thereof, have
personal knowledge of the facts therein stated, and that the
statements and allegations therein are true as I
Subscribed and sworn to before me
verily believe.
thJT~ 6th day of' May , 2003 .
Notary l?ul:7~:i_c in and for the
State of Iowa
Exhibit "C"