Recorded Mortgage - Christine Lehnen and City of Dubuque September 11 2003Preparer
Information Barry A. Lindahl, 300 Main Street Suite 330, Dubuque IA, (563) 583-4113
Individual's Name Street Address City Phone
25144-03
2Og3 SEPI 1 PM 1: 33
KATHY FLYNN THURLOW1
COUNTY RECORDER
DUBUQUE CO.. JOWA FEES
Barry A. Lindahl ISBA # 6899 SPACE ABOVE THIS LINE FOR RECORDER
MORTGAGE
THIS MORTGAGE is made between Christine E. Lehnen ("Mortgagor") and the City of
Dubuque, Iowa (Mortgagee").
1. Grant of Mortgage and Security Interest. Mortgagor hereby sells, conveys and
mortgages unto Mortgagee, and grant a security interest to Mortgagee in the following described
property:
a. Land and Buildings. All of Mortgagor's right, title and interest in and to the
following described real estate situated in Dubuque County, Iowa (the "Land"):
Lot 2 of Lot 2 of Lot 1 of Lot 1 of the Subdivision of Mineral Lots 116 and 117 in the
City of Dubuque, Iowa, according to the recorded Plat thereof
and all buildings, structures and improvements now standing or at any time hereafter
constructed or placed upon the Land (the "Buildings"), including all hereditament,
easements, appurtenances, riparian rights, mineral rights, water rights, rights in and to the
lands lying in streets, alleys and roads adjoining the land, estates and other rights and
interests now or hereafter belonging to or in any way pertaining to the Land.
b. Personal Property. All fixtures and other personal property integrally belonging to,
or hereafter becoming an integral part of the Land or Buildings. whether attached or
detached, including but not limited to, light fixtures, shades, rods, blinds, Venetian blinds,
awnings, storm windows, screens, linoleum, water softeners, automatic heating and air-
conditioning equipment and all proceeds, products, increase, issue, accessions, attachments,
accessories, parts, additions, repairs. replacements and substitutes of, to, and for the
foregoing (the "Personal Property").
c. Revenues and Income. All rents, issues, profits, leases, condemnation awards and
insurance proceeds now or hereafter arising from the ownership, occupancy or use of the
Land, Buildings and Personal Property, or any part thereof (the "Revenues and Income").
TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and
Income (collectively called the "Mortgaged Property"), together with all privileges,
hereditament thereunto now or hereafter belonging, or in any way appertaining and the
products and proceeds thereof, unto Mortgagee, its successors and assigns.
2. Obligations. This Mortgage secures the following (hereinafter collectively referred to as
the "Obligations"):
a. The payment of the loan made by Mortgagee to the City of Dubuque, Iowa evidenced
by a promissory note dated September 5, 2003 in the principal amount of $ 8,170.10 with a
due date of the 30th day of September, 2008, any renewals, extensions, modifications or
refinancing thereof and any promissory notes issued in substitution therefor; and
b. All other obligations of Mortgagor to Mortgagee, now existing or hereafter arising,
whether direct or indirect, contingent or absolute and whether as maker or surety, including,
but not limited to, future advances and amounts advanced and expenses incurred by
Mortgagee pursuant to this Mortgage.
c. 3. Representations and Warranties of Mortgagor. Mortgagor represents, warrants
and covenants to Mortgagee that (i) Mortgagor holds clear title to the Mortgaged Property and
title in fee simple in the Land; (ii) Mortgagor has the right, power and authority to execute this
Mortgage and to mortgage, and grant a security interest in the Mortgaged Property; (iii) the
Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes
not yet delinquent and except as otherwise stated in subparagraph la. herein; (iv) Mortgagor will
warrant and defend title to the Mortgaged Property and the lien and priority of this Mortgage
against all claims and demands of all persons, whether now existing or hereafter arising; and (v)
all buildings and improvements now or hereafter located on the Land are, or will be, located
entirely within the boundaries of the Land.
4. Payment and Performance of the Obligations. Mortgagor will pay all amounts payable
under the Obligations in accordance with the terms of the Obligations when and as due and will
timely perform all other obligations of Mortgagor under the Obligations. The provisions of the
Obligations are hereby incorporated by reference into this Mortgage as if fully set forth herein.
5. Taxes. Mortgagor shall pay each installment of all taxes and special assessments of every
kind, now or hereafter levied against the Mortgaged Property before the same become
delinquent, without notice or demand and shall deliver to Mortgagee proof of such payment
within fifteen (15) days after the date in which such tax or assessment becomes delinquent.
6. Liens. Mortgagor shall not create, incur or suffer to exist any lien, encumbrance, security
interest or charge on the Mortgaged Property or any part thereof which might or could be held to
be equal or prior to the lien of this Mortgage, other than the lien of current real estate taxes and
installments of special assessments with respect to which no penalty is yet payable. Mortgagor
shall pay, when due, the claims of all persons supplying labor or materials to or in connection
with the Mortgaged Property.
7. Compliance with Laws. Mortgagor shall comply with all present and future statutes,
laws, rules, orders, regulations and ordinances affecting the Mortgaged Property, any part thereof
or the use thereof.
8. Permitted Contests. Mortgagor shall not be required to (i) pay any tax, assessment or
other charge referred to in paragraph 5 hereof, (ii) discharge or remove any lien, encumbrance or
charge referred to in paragraph 6 hereof, or (iii) comply with any statute, law, rule, regulation or
ordinance referred to in paragraph 7 hereof, so long as Mortgagor shall contest, in good faith, the
existence, amount or the validity thereof, the amount of damages caused thereby or the extent of
Mortgagor's liability therefor, by appropriate proceedings which shall operate during the
pendency thereof to prevent (A) the collection of, or other realization upon the tax, assessment,
charge or lien, encumbrances or charge so contested, (B) the sale, forfeiture or loss of the
Mortgaged Property or any part thereof, and (C) any interference with the use or occupancy of
the Mortgaged Property or any part thereof. Mortgagor shall give prompt written notice to
Mortgagee of the commencement of any contest referred to in this paragraph 8.
9. Care of Property. Mortgagor shall take good care of the Mortgaged Property; shall keep
the Buildings and Personal Property now or later placed upon the Mortgaged Property in good
and reasonable repair and shall not injure, destroy or remove either the Buildings or Personal
Property during the term of this Mortgage. Mortgagor shall not make any material alteration to
the Mortgaged Property without the prior written consent of Mortgagee.
10. Insurance.
a. Risks to be Insured. Mortgagor, at her sole cost and expense, shall maintain
insurance on the Buildings and other improvements now existing or hereafter erected on the
Land and on the Personal Property included in the Mortgaged Property against loss by fire,
extended coverage perils and such other hazards as Mortgagee may from time to time
require, such insurance to have a "Replacement Cost" endorsement attached thereto, with the
amount of the insurance at least equal to the balance of the Obligations. At Mortgagor's
option, such policy may have a coinsurance clause of not less than 90% of replacement cost
provided the policy contains an appropriate form of cost escalation endorsement. Mortgagor
will at her sole cost and expense, from time to time, and at any time at the request of
Mortgagee, provide Mortgagee with evidence satisfactory to Mortgagee of the replacement
cost of Mortgaged Property. Mortgagor will maintain such other insurance as Mortgagee may
reasonably require.
b. Policy Provisions. All insurance policies and renewals thereof maintained by
Mortgagor pursuant to this Mortgage shall be written by an insurance carrier satisfactory to
Mortgagee, be payable to the parties as their interest may appear, contain a standard or
union -type loss payable clause in favor of Mortgagee, contain an agreement of the insurer
that it will not amend, modify or cancel the policy except after thirty (30) days prior written
notice to Mortgagee, and be reasonably satisfactory to Mortgagee in all other respects.
c. Delivery of Policy or Certificate. If requested by Mortgagee, Mortgagor will deliver
to Mortgagee original policies satisfactory to Mortgagee evidencing the insurance which is
required under this Mortgage, and Mortgagor shall promptly furnish to Mortgagee all
renewal notices and, upon request of Mortgagee, evidence of payment thereof. At least ten
(10) days prior to the expiration date of a required policy, Mortgagor shall deliver to
Mortgagee a renewal policy in form satisfactory to Mortgagee.
d. Assignment of Policy. If the Mortgaged Property is sold at a foreclosure sale or if
Mortgagee shall acquire title to the Mortgaged Property, Mortgagee shall have all of the
right, title and interest of Mortgagor in and to any insurance policies required hereunder, and
the unearned premiums thereon, and in and to the proceeds thereof resulting from any
damage to the Mortgaged Property prior to such sale or acquisition.
e. Notice of Damage or Destruction; Adjusting Loss. If the Mortgaged Property or
any part thereof shall be damaged or destroyed by fire or other casualty, Mortgagor will,
within five (5) calendar days after the occurrence of such damage or destruction, give written
notice thereof to the insurance carrier and to Mortgagee and will not adjust any damage or
loss which is estimated by Mortgagor in good faith to exceed $25,000 unless Mortgagee shall
have joined in or concurred with such adjustment; but if there has been no adjustment of any
such damage or loss within four (4) months from the date of occurrence thereof and if an
Event of Default shall exist at the end of such four (4) month period or at any time thereafter,
Mortgagee may alone make proof of loss, adjust and compromise any claim under the
policies, and appear in and prosecute any action arising from such policies. In connection
therewith, Mortgagor does irrevocably authorize, empower and appoint Mortgagee as
attorney-in-fact for Mortgagor (which appointment is coupled with an interest) to do any and
all of the foregoing in the name and on behalf of Mortgagor.
f. Application of Insurance Proceeds. All sums paid under any insurance policy
required by this Mortgage shall be paid to Mortgagee, which shall, at its option, apply the
same (after first deducting therefrom Mortgagee's expenses incurred in collecting the same
including but not limited to reasonable attorney's fees) to the reduction of the Obligations or
to the payment of the restoration, repair, replacement or rebuilding of Mortgaged Property
that is damaged or destroyed in such manner as Mortgagee shall determine and secondly to
the reduction of the Obligations. Any application of insurance proceeds to principal of the
Obligations shall not extend or postpone the due date of the installments payable under the
Obligations or change the amount of such installments.
g. Reimbursement of Mortgagee's Expenses. Mortgagor shall promptly reimburse
Mortgagee upon demand for all of Mortgagee's expenses incurred in connection with the
collection of the insurance proceeds, including but not limited to reasonable attorneys fees,
and all such expenses shall be additional amounts secured by this Mortgage.
11. Inspection. Mortgagee, and its agents, shall have the right at all reasonable times, to
enter upon the Mortgaged Property for the purpose of inspecting the Mortgaged Property or any
part thereof. Mortgagee shall, however, have no duty to make such inspection. Any inspection
of the Mortgaged Property by Mortgagee shall be entirely for its benefit and Mortgagor shall in
no way rely or claim reliance thereon.
12. Protection of Mortgagee's Security. Subject to the rights of Mortgagor under
paragraph 8 hereof, if Mortgagor fails o perform any of the covenants and agreements contained
in this Mortgage or if any action or proceeding is commenced which affects the Mortgaged
Property or the interest of the Mortgagee therein, or the title thereto, then Mortgagee, at
Mortgagee's option, may perform such covenants and agreements, defend against or investigate
such action or proceeding, and take such other action as Mortgagee deems necessary to protect
Mortgagee's interest. Any amounts or expenses disbursed or incurred by Mortgagee in good faith
pursuant to this paragraph 12 with interest thereon at the rate of 3.0% per annum, shall become
an Obligation of Mortgagor secured by this Mortgage. Such amounts advanced or disbursed by
Mortgagee hereunder shall be immediately due and payable by Mortgagor unless Mortgagor and
Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, be
subrogated to the lien of any mortgage or other lien discharged in whole or in part by the
Obligations or by Mortgagee under the provisions hereof, and any such subrogation rights shall
be additional and cumulative security for this Mortgage. Nothing contained in this paragraph
shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not
be liable to Mortgagor for any damage or claims arising out of action taken by Mortgagee
pursuant to this paragraph.
13. Condemnation. Mortgagor shall give Mortgagee prompt notice of any action, actual or
threatened, in condemnation or eminent domain and hereby assign, transfer and set over to
Mortgagee the entire proceeds of any award or claim for damages for all or any part of the
Mortgaged Property taken or damaged under the power of eminent domain or condemnation.
Mortgagee is hereby authorized to intervene in any such action in the names of Mortgagor, to
compromise and settle any such action or claim, and to collect and receive from the condemning
authorities and give proper receipts and acquittances for such proceeds. Any expenses incurred
by Mortgagee in intervening in such action or compromising and settling such action or claim, or
collecting such proceeds shall be reimbursed to Mortgagee first out of the proceeds. The
remaining proceeds or any part thereof shall be applied to reduction of that portion of the
Obligations then most remotely to be paid, whether due or not, or to the restoration or repair of
the Mortgaged Property, the choice of application to be solely at the discretion of Mortgagee.
14. Fixture Filing. From the date of its recording, this Mortgage shall be effective as a
financing statement filed as a fixture filing with respect to the Personal Property and for this
purpose the name and address of the debtor is the name and address of Mortgagor as set forth in
paragraph 20 herein and the name and address of the secured party is the name and address of the
Mortgagee as set forth in paragraph 20 herein.
15. Events of Default. Each of the following occurrences shall constitute an event of
default hereunder ("Event of Default"):
a. Mortgagor shall default in the due observance or performance of or breach its
agreement contained in paragraph 4 hereof or shall default in the due observance or
performance of or breach any other covenant, condition or agreement on its part to be
observed or performed pursuant to the terms of this Mortgage.
b. Mortgagor shall make an assignment for the benefits of its creditors, or a petition shall
be filed by or against Mortgagor under the United States Bankruptcy Code or Mortgagor
shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator
of a material part of its properties or of the Mortgaged Property or shall not, within thirty (30)
days after the appointment of a trustee, receiver or liquidator of any material part of its
properties or of the Mortgaged Property, have such appointment vacated.
c. A judgment, writ or warrant of attachment or execution, or similar process shall be
entered and become a lien on or be issued or levied against the Mortgaged Property or any
part thereof which is not released, vacated or fully bonded within thirty (30) days after its
entry, issue or levy.
d. An event of default, however defined, shall occur under any other mortgage,
assignment or other security document constituting a lien on the Mortgaged Property or any
part thereof.
16. Acceleration; Foreclosure. Upon the occurrence of any Event of Default and at any
time thereafter while such Event of Default exists, Mortgagee may, at its option, after such notice
as may be required by law, exercise one or more of the following rights and remedies (and any
other rights and remedies available to it):
a. Mortgagee may declare immediately due and payable all Obligations secured by this
Mortgage, and the same shall thereupon be immediately due and payable, without further
notice or demand.
b. Mortgagee shall have and may exercise with respect to the Personal Property, all the
rights and remedies accorded upon default to a secured party under the Iowa Uniform
Commercial Code. If notice to Mortgagor of intended disposition of such property is
required by law in a particular instance, such notice shall be deemed commercially
reasonable if given to Mortgagor at least ten (10) days prior to the date of intended
disposition.
c. Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage
in accordance with the law of the State of Iowa, and at any time after the commencement of
an action in foreclosure, or during the period of redemption, the court having jurisdiction of
the case shall at the request of Mortgagee appoint a receiver to take immediate possession of
the Mortgaged Property and of the Revenues and Income accruing therefrom, and to rent or
cultivate the same as he may deem best for the interest of all parties concerned, and such
receiver shall be liable to account to Mortgagor only for the net profits, after application of
rents, issues and profits upon the costs and expenses of the receivership and foreclosure and
upon the Obligations.
17. Redemption. It is agreed that if this Mortgage covers less than ten (10) acres of land,
and in the event of the foreclosure of this Mortgage and sale of the property by sheriffs sale in
such foreclosure proceedings, the time of one year for redemption from said sale provided by the
statues of the State of Iowa shall be reduced to six (6) months provided the Mortgagee, in such
action files an election to waive any deficiency judgment against Mortgagor which may arise out
of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the
Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such
right of redemption shall be exclusive to the Mortgagor, and the time periods in Sections 628.5,
628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months.
It is further agreed that the period of redemption after a foreclosure of this Mortgage shall be
reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate
is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has
been abandoned by the owners and those persons personally liable under this Mortgage at the
time of such foreclosure; and (3) Mortgagee in such action files an election to waive any
deficiency judgment against Mortgagor or their successors in interest in such action. If the
redemption period is so reduced, Mortgagor or her successors in interest or the owner shall have
the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided
for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code
shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on
behalf of Mortgagor shall be a presumption that the property is not abandoned. Any such
redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code.
This paragraph shall not be construed to limit or otherwise affect any other redemption
provisions contained in Chapter 628 of the Iowa Code.
18. Attorneys° Fees. Mortgagor shall pay on demand all costs and expenses incurred by
Mortgagee in enforcing or protecting its rights and remedies hereunder, including, but not
limited to, reasonable attorneys' fees and legal expenses.
19. Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by
Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or
equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no
waiver by Mortgagee of any particular provisions of this Mortgage shall be deemed effective
unless in writing signed by Mortgagee. All such rights and remedies provided for herein or
which Mortgagee or the holder of the Obligations may have otherwise, at law or in equity, shall
be distinct, separate and cumulative and may be exercised concurrently, independently or
successively in any order whatsoever, and as often as the occasion therefor arises.
20. Notices. All notices required to be given hereunder shall be in writing and deemed
given when personally delivered or deposited in the United States mail, postage prepaid, sent
certified or registered, addressed as follows:
a. If to Mortgagor, to:
Christine E. Lehnen, 940 Kelly Lane, Dubuque IA 52003
b. If to Mortgagee, to:
City Manager, City Hall, 13th and Central Ave., Dubuque IA 52001
or to such other address or person as hereafter designated in writing by the applicable party in the
manner provided in this paragraph for the giving of notices.
21. Severability. In the event any portion of this Mortgage shall, for any reason, be held to be
invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be
affected thereby and shall continue to be valid and enforceable and if, for any reason, a court
finds that any provision of this Mortgage is invalid, illegal, or unenforceable as written, but that
by limiting such provision it would become valid, legal and enforceable then such provision shall
be deemed to be written, construed and enforced as so limited.
22. Further Assurances. At any time and from time to time until payment in full of the
Obligations, Mortgagor will, at the request of Mortgagee, promptly execute and deliver to
Mortgagee such additional instruments as may be reasonably required to further evidence the
lien of this Mortgage and to further protect the security interest of Mortgagee with respect to the
Mortgaged Property, including, but not limited to, additional security agreements, financing
statements and continuation statements. Any expenses incurred by Mortgagee in connection with
the recordation of any such instruments shall become additional Obligations of Mortgagor
secured by this Mortgage. Such amounts shall be immediately due and payable by Mortgagor to
Mortgagee.
23. Successors and Assigns bound; Number; Gender; Agents; Captions. The rights,
covenants and agreements contained herein shall be binding upon and inure to the benefit of the
respective legal representatives, successors and assigns of the parties. Words and phrases
contained herein, including acknowledgment hereof, shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender according to the contexts. The
captions and headings of the paragraphs of this Mortgage are for convenience only and are not to
be used to interpret or define the provisions hereof.
24. Governing Law. This Mortgage shall be governed by and construed in accordance with
the laws of the State of Iowa.
25. Release of Rights of Dower, Homestead and Distributive Share. Each of the
undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to
the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property.
26. Acknowledgment of Receipt of Copies of Debt Instrument. Mortgagor hereby
acknowledges the receipt of a copy of this Mortgage together with a copy of each promissory
note secured hereby.
27. Additional Provisions. This Mortgage is subject to a first mortgage by Christine E.
Lehnen to U.S. Bank N.A. dated May 24, 2002, filed May 30, 2002, Instrument No. 9797-02.
Dated: September 5, 2003
Christine E. Lehnen, Mortgagor
I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES
PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM
JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY
GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY
WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE.
01,
Dated: September 5, 2003
STATE OF IOWA
ss:
Christine E. Lehnen, Mortgagor
COUNTY OF DUBUQUE
On this day of September, 2003, before me, the undersigned, a Notary Public, personally
appeared Christine E. Lehnen to known to be the identical persons named in and who executed
the foregoing instrument, and acknowledged that they = uted the same as their voluntary act j
and deed.
9
IOWA
BARRY A. LINDAHL
COMMISSION #,t 107515
MY COMMISSION EXPIRES
NOVEMBER 4, 2003
, Notary Public
PROMISSORY NOTE
$ 8,170.10
September 5, 2003
FOR VALUE RECEIVED, the undersigned promise(s) to pay to the order of the City of
Dubuque, Iowa, City Hall, 13th and Central Avenue, Dubuque IA 52001, Iowa, the sum of
EIGHT THOUSAND ONE HUNDRED SEVENTY 10/100 DOLLARS with interest thereon
from September 4, 2003, payable Monthly at the rate of 3.0 per cent per annum until payment
hereof as follows:
$50.00 per month beginning October 1, 2003. Entire balance with interest on September
30, 2008 or upon sale of the property at 940 Kelly Lane Dubuque IA 52003
Interest shall first be deducted from the payment and any balance shall be applied on
principal.
Principal and interest not paid when due shall draw interest at the rate of 3.0 % per
annum. Upon default in payment of any interest, or any installment of principal, the whole
amount then unpaid shall become immediately due and payable at the option of the holder
without notice. The undersigned, in case of suit on this note, agrees to pay attorney's fees.
Makers, endorsers and sureties waive demand of payment, notice of non-payment, protest
and notice. Sureties, endorsers and guarantors agree to all of the provisions of this note, and
consent that the time or times of payment of all or any part hereof may be extended after
maturity, from time to time, without notice.
Christine E. Lehnen
Address: 940 Kelly Lane Dubuque 52003
it
32494
2003 DEC 18 PM 1: 26
_;ATIHY rLY4'IU THURLO'
COUNTY RECORDER
DUBUQUE CO.. I0WA FEES / 1 c2J
Preparer
Information Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 5673 583-4113
Individual's Name Street Address City
Barry A. Lindahl ISBA # 6899 SPACE ABOVE THIS LINE FOR RECORDER
RELEASE OF REAL ESTATE MORTGAGE
Phone
The undersigned, the present owner of the mortgage hereinafter described, does
hereby acknowledge that a certain mortgage bearing date of the September 5, 2003,
made and executed by Christine E. Lehnen to the City of Dubuque, Iowa, and Recorded
in the records of the office of the Recorder of the County of Dubuque, State of Iowa,
Instrument No. 25144-03 on the 11th day of September, 2003, is redeemed, paid off,
satisfied and discharged in full.
Dated this 15th day of December, 2003
CITYOF DUBUQUE._IOW
By:
Ter
Attes
ance . Duggan, ►; ayor
eanne F. Schneider, City Clerk
STATE OF IOWA, COUNTY OF DUBUQUE, ss:
On this 15th day of December, 2003 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and
Jeanne Schneider, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation; that the seal affixed tothe foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contai -,3, in a Motion passed by the City Council on the
15th day of December, .2003; and erica_ce M. Duggan and Jeanne Schneider
acknowledged the execution of the o0 n ° o be th-'r voluntary act and deed and the
voluntary act and deed of the corpora ° t : w v unt- y ex ute
oma.. y,
otary Public in and for said State