Claim Peak Financial Partners
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
PEAK FINANCIAL PARTNERS
95-4836537:
EQUITY NO, E G ~"Ii 9 If s¿ .r
ORIGINAL NOTICE
Plaintiff, :
vs.
DONALD E. TUECKE AND
PAMELA J. TUECKE;
CITY OF DUBUQUE, HOUSING
SERVICES REHABILITATION
OFFICE;
DARLENE E. BLUM;
SIDN'èY BLUM;
c.,
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 Theodore R. Boecker, 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 nu~ber of (515ì 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
cO participate in court because of a disability, immediately
call your district ADA coordinator at (563) 589-4448. (If you
are hearing impaired, Call Relay Iowa TTY at 1-800-735-2942).
pYJ
Clerk of the Above Court
Dubuque County Courthouse
Dubuque, Iowa 52004
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
PEAK FINANCIAL PARTNERS
95-4836537:
EQUITY NO.
PETITION
Plaintiff, :
vs.
DONALD E. TUECKE AND
PAMELA J. TUECKE;
CITY OF DUBUQUE, HOUSING
SERVICES REHABILITATION
OFFICE;
DÞ.Rc,ENE E. BLUM;
SIDNEY BLUM;
Defendants. :
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.
MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR
THIS
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.
SALE.
YOU MAY PURCHASE AT THE
c'
1
Plaintiff, Peak Financial Partners, 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 January 19, 2001, Donald E. Tuecke
and Pamela J. Tuecke (the "Mortgagor(s) ") made, executed and
delivered to Firstar Bank, N.A., a promissory note in writing
for the sum of $79,900.00 payable in installments, with
interest at 8.25% 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 January 19, 2001 in order to secure
the payment of the Note, the Mortgagor(s) made, executed and
delivered to Firstar Bank, N.A., a real estate mortgage (the
"Mortgage") on the following described real estate (the
"Mortgaged Property") :
The Westerly 33 feet of Lot 84 in ~.H. Langworthy's
Addition to Dubuque, in the City of Dubuque, Iowa,
according to the recorded plat thereof. Property
locaced at: 209-211 East 22nd, Dubuque, Dubuque
County in Iowa.
Lot 1 of the Subdivision of the North Two-Thirds of
Lot 34 in Kelly's Subdivision in the City of Dubuque,
Iowa, according to the plat recorded as Instrument
526-80, records of Dubuque County, Iowa. Property
located at 737-739 Caledonia, Dubuque, Dubuque
County, Iowa.
The Northerly 241/2 feet of the Southerly 1/2 of the
Easterly 1/2 of Loc 20 in L.H. Langworthy's Addition
cO Dubuque, in the City of Dubuque, Iowa, according
2
to the recorded plat thereof. Property located at:
2315 White, Dubuque, Dubuque County, Iowa.
the Mortgage was filed for record February 15, 2001, in 1776-
2001 in the Recorder's Office of Dubuque County, Iowa.
A copy
of the Mortgage is attached hereto and made a part hereof as
Exhibit "Bu.
4.
That the Plaintiff is currently the holder of record
of the Note and Mortgage.
5.
That the Plaintiff is the sole and absolute owner of
the Mortgage; that the Note and Mortgage provide that if
defa~lt 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 is now due and owing
the Plaintiff the sum of $75,862.77 with interest at 8.25% per
annum from and including September 5, 2003.
6.
That the Plaintiff has given che 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'
3
fees.
An attorneys' fee affidavit is attached hereto and made
a part hereof as Exhibit "C".
9.
That the Plaintiff now hereby in writing waives any
right or claim to a deficiency judgment against the
Mortgagor (s ì .
That the Mortgaged Property is the residence of
the Mortgagor(sì 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
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 be delayed until six months
after entry of judgment.
10.
That the following parties are named as Defendant(s)
because they claim some right, title or interest in the
Mortgaged Property, including, without limitation a right,
title or interest as described below but any such right, title
or interest is Junior and inferior to the interest of
Plaintiff :
City of Dubuque, Housing Services Rehabilitation
Office, $8,972.21 Mortgage, dated February 12, 2001,
filed February 15, 2001, 1777-2001
Sidney Blum, $2,944.00 Pending judgment, dated May
7, 2004, filed May 7, 2004, SCSC052363
Darlene E. Blum, $2,944.00 Pending judgment, dated
May 7, 2004, filed May 7, 2004, SCSC052363
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 jurisdiction of the case
shall, at 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 dee~ best for the interest of all parties concerned and
shall be liable to 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 PLAINT:FF 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.
2.
That a receiver be appointed immediately to take care
of, manage, lease and collect the rents from the Mortgaged
Property, and to apply the same in payment of costs and
expenses of said receivership, repairs and expenses of said
real estate, accrued and accruing taxes and special
assessments, insurance premiums, and in partial payment of the
judgment to be entered herein.
3.
That said judgment, together with interest, attorneys'
fees,
abstract expense, costs and accruing costs be decreed a
5
prior lien upon the Mortgaged Property from the date of the
Mortgage, and that all rights, interests and equities of all
Defendants to this suit be declared junior to the right, title
and interest of the Plaintiff.
4.
That in the event Plaintiff is required to advance
further sums for taxes or insurance premiums on 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
che Mortgaged Property to satisfy said judgment, interest,
attorney fees and costs.
6.
That special execution issue to satisfy said judgment,
interest 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
6
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 entry of judgment.
9.
That the Plaintiff be granted such further relief as
may be just and equitable.
PETOSA, PETOSA & BOECKE~, L.L.P.
Byð.j:;p/-it/¿'"1 //?"",,~
Theodore R. Boecker, PKOOO0439
1350 NW l38th Street, Suite 100
Clive, Iowa 50325-8308
Telephone: (515) 222-9400
Facsimile: (515) 222-9121
ATTORNEYS FOR PLAINTIFF
7
1217'111/21211214
31: 31
818-5'312'3'3121
PANOREX REALTY INC
PAGE
1121/1 '3
I ".~FiRSTAR
_,W1.~""u""",,~
For Sank U.. Only I Review.ù uy
Du~ ....LA>W~~.Q.Q.L-
Cu"tomer # 5305973
Loan# 9001
INSTALLMENT OR SINGLE PAYMENT NOT ;
$ 79.900.00 J>.m.JARY ).9, 2001
FOR VALUE RECEIVED, the underoigMd bon-ower (the 'Bo"o.>,,",'I. promise' to pay to the order of FIRST» "Am. N .>..
(the 'Bonk'), the prlncipelsum of """""""Y -NtN1l: T"O1!BJ>.ND NrnE h"mrnR1rn J\N!)
..J!Q.L;L.Pp
Dollars 1$ ~~D_cPO
1, Tarms jor Advonoe(s). [Choo.. One:)
~ SIngle Advonce.
0 Mu~lplo Advanc.s. Poor to n/o. - or the earlier termlnaJIon hereof, the Borrower may
. .obtain advanc<>. from the Bank under this Nore In an aggregate amount not exceeding the Loan Amount. A~hough this Nota
Is expressed as psyable in the Nil Loan Amount, the Borrower IMII be obligated to pay only Ihe amount. actually disbursed
he'eunder. tog"'her w"h ~c",ue¡J ¡n'.,.,' Un ,!I. ou'"'""""'9 "a'a"o..' Ih. ,.". and on (I," do'.. '~"C'n.d II..'.'" .m' ,uen
OIher chargee provided for herein. Each advance shall be In the minimum amount of $5,000.
) (tho 'wsn Amount').
2. Inlo....t.
Th. unp""" pdnQ~p~l b~hnc. ...n~ bear ;.n""r..o at = =u~;J. "ato ofc O.>SO<;.
;" peyen.m 1;ch.Ou'a., .
~2~n~~~~~ :~â ~~t~~:a;~;e <:\m:'~~' e~~h5~O~~~~g~n;~n~~ ~~:;~~~t:~O~~x~:g~n~~~~ ~~J3:U~;.n
month does. not ;¡'av. ~uch a data, the h~t ô.ay of ouoh month), ,plus . find ""¥"I°nt e'J:"a~ "0
..ll unpdd pd."c1p'Ü ""d "ccrued intere"t on JANUARY 22, 2005, the maturi~y d"h.
4. Cloelng Fe.. 0 If checked hero, the 80rro""', will pay1he Sank. ono-time oIo'lng fa. of $ " ¡.
oontemporaneoualywi!n execution of this NOte. Th's "'a "In addition to aJl other "", expenses ano orMr .mountS Que n.reunoe'.
5. Lot. Paymen1 F.e. Subject to'appllcable law, If any payment Is not made on or bolo" it> due date, the 8ank may colleC'. a
d.tinqvoncy Ch~rg. of ~......Q.Q... % of Ih. "npAld AmoUn'.. Coll.clio" 01 tho "". po"",..,! f" "'All not "" o..m.~ to b. . wolv", nf ,"~
Bank', right to deolar. a delaul' hereunder.
6. C.lcul.Uon ollnt..o$!. Interss! will be computed tor the a<:lual number of days principal is unpaid, using a da;ly factor ot1talned
by dlvldlngrhe stated Intere'trate by 350, ""ich p"""ont '0 10"' "'to. s",ion 537.26DI i. th, 'o"I"I'nl oo"!'"te'lon " "sin,
th, "me ..ated ¡nt"", rote colcul",d on , 305 day b,,¡, tJme..1.013~.
7, Deleul! Itlte..$! RaM, Prlnoipal emounts remeining unpaid after the matUrity thereof. whether al1ixed matUrity or by reason of
acceleration of maturity, ,haJl bear ,nlare" from enti after maturity until peid et a rete of 3% par annum plu, the rate otherwi,e payable
hereunder.
6. Mexlmum Rate. In no .vant will the InteteS! rale here"nder exc.ed th", perm;rted by applioable law. If any Intereot or other
charge is ~nally d"'ermlned by a cou~ oj competant jurisdlC'.lon to ,"csad the m,,-,Imum amount permitted by law, the I""""" or charge
shall be reduced to the maximum permlrted by law, and the Bank may cred~ sny exO0SS amount previously colle<:led against the balance
due or refund ths amount 10 the Borrower.
""Á
OR"'" Co""'nill~ "'"
p,." of4
",..
EXHIBIT
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;21: 31
818-5512850
PANOREX REAL TV INC
PAGE
11/15
! . h 1
9. Addltlon.IT.rms. "'h~. NctG "'.Y .. ;>...;».~d >.t =y H"'~' tiF"" 'PA""'~"t c~ ~l). Ji',,~~d,,~l:O
interoot, fe.. and e"l'ènae. ~n connootion wi~h thio Rote including p"yme,,~ of ,b fo"
the ea"ly termination of thie Nota.
10. FlnBnclellnform";cn. The BOITowerwil1 (I) maintain accounting recordsin accordance wltt1 generally recogoizeoanoacoaptad
prindplos 01 aœounring oonsiStently applied throug~out the accounting periods Involvedi (II) provide the Bank with ouch inrormation
con""rnlng ita buainaaa affairs and finonolol oondì\ion (including insuranoa covorago) aa tha Sank may reasonably requesl¡ and (111)
whho" reqUest. provIde the Bank with Annu.' tn"ncl.1 "'"'om",," nrAPMed by M .cooC'nHng 'iem >cc.pt.bl. to tho aMK within 120
days 01 tho end 01 aach flscal year. ,
11, Credit aelences; Setoff. As add~[onal ..curtty for 1,1e payment of the oblig.,ion, de'Clibed in this Note or any document
securing or related to the loan evidenced by this Nata (coHectively the "Loen Documents") and any other obligetion, of the Sarrower to
the Bank 01 any nature wh.,ea<ver {coll.ctlv~ly the "Oblig.tloM'1, the Borrower hAreby grant' to the BanK a s@curlty[me,ost In, alien on
and an axpress contractual right to ,et off against ali depa'"ary aCcOunt balances, cash and "'yother property of the Borrower now or
hereafter [n the 00.....100 of the BanK and the right to refu.. to aHow withdrawals from any account (colie"'lvoly "SetoH"1- The Bank
m"y, 0' oey ';,'n~ "pao tho o~u".eo. 01 0 d./o,," h.,."ndo, InetwHhctondiog ony nerlc. '.qulcemont" er srMo/ou'o poneòo uodor ¡hio
or other agreement. b"""oen the Borrower and the Sank) Seloff egelnot tho Obligations whether Or not tho Obllgetlon.' (Including
future Installments) are then due or hove been ocoel...tod, .11 W~hoU1 ony odvaooe or contomporon.cus nol;ce or demand of
any kind to the Borrowar, ouch noli"" and demond being expr.asly wa¡...d.
12. hyment.. Payments due under this Note and other loan Document' ah,1I b. made in lawl-J! money ef the Unitso States, snd
tho Bank i' authorized to charge paymente due under the loan Documents agalnot any account of the BorTower. All payments may,1o<>
applied by the Sank to principal, intera't and other amounts due under 'ho LoM Documents in any crdør which the Bank ole",".
1~. Cofeu~" Notwlthst.ndlng any ou.... periods doscribad below, the Borrcw.r sholilmmodiatoly notify the aonk In writing
when tho Borrew.r obtelns knowledge of .the Occurrence of any defoult specified bolo"", Ragarolo.. of whether the ß<>rrowor has
givan the required notica, the eccurrence of one or mare of the following shall constì\"e e dafau~:
(a) Nonpeyment. ThO SeITower snail fa" to pay (I) any Imero" due on mle Note or any tees, cnargoo, co,," or expen..' under
the Loan Documents by 5 days aiter the ,.m. became, duo, or (H) any principal amount ofthi, Nota when oue.
(b) "onporio,monce. The Borrowor or any guarantor of the Borrowor', Obligations to th, BanK \,GueronÌer1 'hall j,il to
perform or observe any agreemen~ term, provision, condition, or covenant (other than a d"¡eu~ ,"""utring under (a); Ie), (0),
(e), (~ or Ig) of !hi, paragraph 13) requlr.d to be pertormed or observed by the Borrower or any Guarantor heteunder Ot
under eny other loan DoCument or other agre.ment w~h or in ¡evor of tho Bank.
'(0) Mler.preeentation. Any financial information, "atoment, ",,"'ficare, repro,entaHon or wa~enty given 10 the Bank by the
Sorrower or any Guaramor (or any of their repreaentativesl in connection with entering into this NatO or !he other Loan
Documents and/or any botnow[ng thereunder, or requlreo to be furnished undor tho term. thereof, shall prove untrue or
misleading In any materlai respect (a' detBrmlned by the Bank in th. exereiee of IT' judgment) as of the time when given.
(d) P.iou~ on Other Obligations. The aorrower or any Guarentor ,hall be in default undor the terms of any loan agr.amant,
prom[s,oiy note, leo.., eond~lanel sala contract or other ~re.m.nt, document or inotrumentevldenclng, governing or
secuhng any Indebtaone.. owing by the Borrowsr or any Guaranter to the Bank or any indebtedn... In exceea of S10,OOO
ewlno by the Borrowo, t" "ny ""rd rarty, and tho r.dod 0/ g,ace, " any, to. 0"'0 ,.i<l <lel.u' .holl hove p...od,
(e) Judgm.nts. Any judgment shall be obtained egain.t the Borrower or any Guarantor which, togstMr wittt all other
outstanding un"~sfi.d judgments again.. the Sorrower (or .uch Guarantor), shall e""'ed the sum of $10,000 and ,hall
remain unvacateo, unbondad or unstayed for a period ai 30 days following the date of entry theteo!,
"(fj ¡nobility to Perform; BsnKrUp'tcy/lnsolvency. (i) The Borrower or any Guarantor shall die or ""ase to exl'l; or (ii) any
Guarantor ehali anempt to revoke any guaramy of Ihe Obligation, described herein, or any guare.nty become. uneniorooable
In whole or in part for any reeson; or (Iii) any bankruptcy, in.olveney or receivership proce.dinge, or an assignment for the
bono", 01 oredito", .,hell be commence<l """0' "ny Federal 01 .IM'" "'" uy or "gal"o, the ðorrowor or any Guarantor; or I'V)
the Borrower or any Guerantor shall become the subject of any out-of-court sartlement with ~. cred~ors; or (v) the Borrower or
any Guarantor [, unable or ,dm~s In wr<ing its inability to pay its debts as they mature.
(g) Advers. Change, In..~u."y, (I) Th.,. " . m.toriol odvo"o oh.ng. in tho buDlneec, p,op""¡oc, fl"anolel eend~ion or DHD"a
01 the Bo~ower or any Guorantor, or 'n any coilaterai .aouring the Obilgation,: or (ii) tho Bank in good faith dooms ~soll
In.ecura.
14. T.rmlnation ot Lo.na; Additional B.nk Right<, Upon tho occurrence of any of tho ovants idamfflod in paragraph 13, tho Bank
may at ony time (nOtW~h"anding any notiea requirem"".. Or grace/aura periOds under this or ather agroementa b_*n the Borrower
and the aenk) (i) immediately tormlnat. ita obligation, if any, to maka add"ionalloan, to the Borrower, (H) Sstoff; and/or (Iii) take ouch
other :neps to protect or preserve the BanK" Intarest in any coliateral, Including WIThout IImlt"'ion, notityfng account debtors to maKA
paymontc dlroatly to tho BanK, _òvonclng fund. to protect any collotero[ eo<l inoudng collet.rel et tho Borrow<>r'. expan.a¡ ail wHI,oul
demand or natica of any kind, all 01 which are hereby walvad.
,.." PoO02 af4
"/"
ß7/J,l/20B4,21:31
818-59129913
PANOREX REALTY INC
PAGE
12/19
t '. 15. ;ccoleratlon of Obllg.tlons. Upon the OCCurrence of any of the evants identified in paragraph 13(a) through 13(e) and 13(g),
and the passage of any applicabla cure periods, the Bank may at My time thereaiter, by written noôce to the Borrower, declare the
unpaid prlncipai balance of any Oblig"',ons, together wilh the intereST a""ruect thereon and other amQunts accrued hereunder and under
the other Loan Documents, to be Immediately due and payablei and the unpaid belanO<! eheii thareupon be due and payable, aii ",~holJt
presentation, demand, pro.." or fur1her notic. of any kind, ali of which are hereby waived, and notw~h$tanding anything 10 tne contrary
containad nerein or in any of tho other Loan Documenls, Upon the oeou"en"" 01 eny event under paragroph 13(~, the unpaid principal
balanco of any Obiigalions, together w~h all interest accrued thereon and other amounts accruod hereunder and under tho other Loan
Documents, shall thereupon ba immediateiy due and payabie, all witholJt presentation, demand, proloet or notice of any kind, all of
which are hereby waived, and notw~hstandlng anything 10 the contrary contained herein or in any of the other Loan Documents.
Nothing contalnad In perag",ph 13 or 14 o"hls parag,aph ohalillmit the Bank', right 10 Soloff aG provided In Ihls Nola,
16. ColI.,e",!. This No1e ¡s ,ecured by any end all security intareSTs, piedges, mOr1gagee or liens now or hereafter in a~ietenœ
gran,ed to the Bank to secure indebtodneas 01 Ine Bo~ower to the Bank (un Ie" prohibITed by law), including, wimolJt IIml\¡rtíon. as
descrlbeo'lnthelollowingdocuments:-=GAßlLQATED J=1ù1.Y 19, 2001 ,
17. Gu.ranO... This Note is guaranleed by
.-__._..m.
18. Add;,¡onal Bank' Rlghta. Withoui affecting the liability of any Borrowar, endorser, eulSty or guarantor, Ihe Bank may, without
notice, renew or extend the time for payment, ace apt pMial payments, reiea,e or imp"r any collataral security for the payment of this
N"'o, or .gr.. not to 'uo ony p,rty lIoblo M e. '
19, Warranties. The Bo~ower makes the following warrantle" (AI 11 the Borrower ie a corpcratlon or pMnershlp, it is a vaiidly
existing corporation or pa~ne"nlp (es applicable), In good standing under the laws '01 hs state .of orgeni«<\ion, and has all requisite
power and authority, corporate or otherwise, and po,ses,,' aii llconsa. neca,eary, to conduct ~5 bu'iness and own ~s proper1I... (8)
The e.eouilon, delivery and performam;" of this Not. end all other Lcan Documenlo (i) are w~hln the Borrowa,'s power; (ii) hove been
duly authorized by proper corporata or psrtnership action (a. applicable); (iIì) do not require tha approval of any governmental agency;
and (iv) win nO! violate any law, agreement or re.triction by wtlich the Borrowor Is bound. (CI This Nate and Ihe ether Loan DQoumants
are the legal, valid and binding obligations of tile 80rrower, enforceable against tne Borrow., In aocordanee wltil their tenTIs.
20. WAivers: Relatlon,hlp to Othor Doouments. All Borrowe", ondor..", suretie, and guarantero welva p"M_ent, prOle$!,
demand, and notice of dishonor, Tha warranô"" covan.n" and other obilgations of Ihe Borrower (and righta and remedies of tho Bank)
in this Note and ail "iated document. are inlended to be cumul",lv. and to ,upplement aach other.
21. Exponns end Attornoys' Fe.s. Tha Borro"",r will reimburse the Bank and any pa~ldpant in the Obligations C'Psrtlolpant") for
"" "ttmoa\",' 1000 ond ,II ""'or ooo;s, fees end oed-ai-pock'" olebur..menr. (inciuriino fM. end di,bu'somonts 01 both In,lda couneal
end outoide ooun5ei) incurred by the Bank or any Participant in connection w~h th. preparation, execUtion, delivery, adminiStration,
defen.. and enroroement of this Nota or any cf the other Loan Document., inciuoing ie., and co'" relatad Ie sny waivers or
am.ndments with ,.epect thereto (example, of' costs ano fee. include but a.e nor iimhed to '""s and 00$\$ fen filing, p.rtecting or
confirming the prtority of the Bank'. lien, mle eearches or ¡n.urance, appra,aal" environmental audits and othèr reviews related to the
Borrower, any coll.,eral or th. loans, if requested by the Bsnk). The Borrower will also reimburse tha Sank .nd arty Panlclpant for all
costa of collection before and efter judgment, and the COSTS of prese".!!o" and/cr liquidation of,any collaterai (Induding tea. and
dlaburMmenh; of both Inside and oU1.ld8 counaeD.
22, Appllceble Low snd Jorl.dlotlon; Intorprota1lon; Jolrrt Llablilty. This Note and alt otho, LOM Dooumente shell be governed by
and Interpreted in accordance with the internal I""', of the Slate of I own , a,""pt to the e"'ent superaedad by Feda'allBw.
Inv,¡idity 01 any pwvlslons 01 this Not. oh,11 nct .fIoct ony oth.r plovls;on. THE BORROWER HEREBY CONSENTS TO THf'
EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITUATED IN THE COUNTY OR FEDERAL JURISDICTION OF
THE BANK'S SRANCH WHERE THE LOAN WAS ORIGINATED, AND WAIVES ANY OBJECTION BASED ON FORUM NON
CONVENIENS, WITH REGARD TO ANY ACTIONS, CLAIMS, DISPUTES OR PROCEEDINGS RELATING TO THIS NOTE, THE
COLLATERAL, ANY OTHER LOAN IJQCUMIoNI, CR ANY TRANSACTIONS ARISING TREREFROM. OR ENFORCEMENT AND/OR
INTERPRETATION OF ANY OF THE FOREGOING. Nothing herein shall affaot tha Benk', rig hIS to 'elYe plOce.. in any manner
permitted by low, or lim~ the Bank', right to. bring proceeding. against tha Borrower in the compe"nt ccur1s of any other Jurisdiction or
jurisdldions. This No,e, the other Loan Dooument, and any amendmentS hereto (re"ardle.. o/when «ecurad) wlil be deemed effectiye
and acce¡;red only upon the 8ank's receipt of the exeouted originals thereof. If there 10 more than one Sorrower, Ihe liability of the
Borrowe,. shall be joint and e.veral, and tho relerenes to 'Borrowo~ shall be deemed to reter to all Borrowera.
23. Copt..; Entire A9~.ment; Modillcltlon, Tha Sorrower hereby acknowledge. Ihe receipt of'a copy 01 \\lie Not. and all other
Loan Documents.
IMPORTANT: READ SEFORE SIGt,¡ING. THE TERMS OF THIS AGREEMENT ¡¡}\OULD ~eREAD CAREFUI.LY BECAUSE ONLY
THOSE TERMS.IN WRITING ARE !'!NFQRCEABLE, NO O~HERTE¡¡MS:Ó¡;¡'dii~Cp~OM(S~S'Nt:>T.CON:rAlNEP.IN',tHI~.wR¡:JT£N
CONTRACT, !MY B~:!£ßA.LY'EN,FORCEC, . THE: TgRM$,9.F,):f{¡S:"Â.G,R!"EME~;MÄY.ONLYBË,CHo\.N.GErf.B't/!lN.OTHI'R
"'"A "~,I, --,., ,"':' }~~~~*r;4:;;';'i;;;;::(,(i:;;'::jÚ:::"",-,;",'i,:.;.;"'.;,.,i"".".,i"..,.",
0'1/1,1/2004 ,21:31
818-5g12gg0
PANOREX REAL TV INC
PAGE
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.' '\
WRmEN M.1REEMENT, THIS NOTICE SHALL ALSO BE EFFECTIVE WITH RESPECT TO All OTHER CREDI'r AGREEMENTS
NOW IN EFFECT BETWEEN BORROWER AND THE BANK. A MODIFICATION OF ANY OTHER CREDIT AGREEMENTS NOW IN
EffECT BETWEEN ßORROWER AND THE BANK, WHICH OCCURS AFTER RECEIPT 8'1 BORROWER OF THIS NonCE, MAY BE
MADE ONLY BY ANOTHER WRITTEN INSTRUMENT. ORAl OR IMPLIED MODIFICATIONS TO SUCH CREDIT AGREEMENTS ARE
NOT ENFORCEABLE AND SHOULD NOT BE REliED UPON.
04. Wolvo, 01 Ju'YT,I.I. THE: BORROWER AND THE BANK HEREBY JOINTLY AND SEVERALlY wArve ANV AND ALL RIG,HT
TO TRIAL Bv JURY IN ANY ACTlON OR PROCEEDING RELATING TO ANY OF THE lOAN DOCUMer-lTS, THE OBLIGATIONS
THEREUNDER, ANY COLLATERAL SECURING THEOBLIGATlONS, OR ANY TRANSACTION' ARISING THEREFROM OR
CONNECTED THERETO. THE BORROWER AND THE BANK EACH REPRESENTS TO THE OTHER THAT THIS WAIVER IS
KNOWINGLY, WILLINGLY AND VOLUNTARILY GIVEN.
25. Attaohmenta. All doeumont. attachad ho,oto, Including any opp8ndlces, tehoduloo, ,Id..o, and axhlb". to thla
Inotollmont 0' Single Peyrne~t Noto, oro ho,ob1 expre..ly Incorpormod by rolorsnc..
(lod"';"""1 8orrow,,)
9;J~ g I~
:ä::;::~~~
BoeCDW", Nem, (arg.nl"\lo~~
Borrow", Nam, PAM'LA J 'U£CK'
(SEAL)
By
Nam' and TW, H/;"
(SEAL) BV
N.m' end Tille N/A
A."ow" Add"."
610 OEL""'., 'AST O"S"O"', It 610,5.1406
Bo,,"worTeI'pMoe No.' ~-3422
Pay to Iho order of RES COM Iv! HOLDINGS NO 2 tLC
WITHOUT REPRESENTATION, wARRANric)R '
RI3COURSE except for any reprc,öntadoD, wamiD!)' or recourse
eXplicitly ",ted in that certoin Loan Purchesc Agreement dated
December 1, 2003 betwoen RESCOMM HOLDWGS NO.2, LLC
and the undewgned.
December 1,1003
U.S. Bank National Association
BYL~~
Its Vice Pre,ident
PoOH or 4
"I"
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;21: 31
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PANOREX REALTY INC
PAGE
05/15
O{'-'êf~~\ sc-J ~1 ß~f\-LJ6-992
.çC---{ \~ 1) ~ ~
ThlslnWumantwasdroftodbyMIKE MUIR Address:1B50 OSBORN AVE., OSHKOSH, W¡ 54901
Phone Number: 800-466-8999 Alterreoorolng retCirn to: FIRSTAR BANK. N.;;. ,
COLLATERAL DEÞ'r., P. O. BOX 3487, OSHKOSH, WI 54903-3487
* RRSTAR
Bank ""1>"""","...,,,"
MORTGAGE
(FOR USE WITH FIRSTAR LOAN DOCUMENTS ONLY)
IOWA REAL ESTATE
Ti~~
This Mortgage ("Mortgage") i6 made and entered into by the undersigned borrowerl'), guarantor(s) an(I/", other obllgol(s)/
pledgor(s) (colleCllvelythe "Mortgagor") in favor of FIRS'r"J¡JjANK. N. A.
(tho "8enl<') as of the date set 101111 on the last page of this Mortgage.
NOTICE; THIS MORTGAGE SECURES CREDIT IN THE; AMOUNT OF $ ..._7_.'1.J.OO 00 . LOANS AND ADVANCES
UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER
SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS.
ARTICLE L MORTGAGE/SECURITY INTE.REST
1.1 Grant of Mortgage/Security lnteres1. The Mortgagor ller_by sells, mortgages, conveys, grams a security interest and
collaterally as.ign. to tho Bank the Moogaged Property (defined below) to secure all of the Mortgagor's Obligations (definsd below) to
the Ba,;\<' The inlent of the parties hereto is that the Moogaged Property SBCUres ali Obligations of the Mortgagor to tho Bank, whether or
not ."ch Obligations exist under this Mortgage or any other agreements, whether now or hereaher existing, betWeen the Mortgagor and
the Sank or in favor of the Bank, inciuding, withoullimitation, any note, any loan or security agr~ement, any lease, any Olher mOrTgage,
deed of trust or ather pledge 01 an Interest in real or personal property, any guaranty, any letter of credit or r.imbursemer.! agrBemBm or
banker's acceptance, My agreement for any other seNlces cr credit extencled by the Bank to tI" Mortgagor even thOLIgil not spodficaily
enumere,ted herein and any other agreement with tl1e Bank (together and Individ".ily, ,I1e "~o"n Documents").
1.2 "Mortgaged Property" means all oj the following whether now owned or existing or hereafter acquired by tile MorTgagor,
wherever looatad; ali tho reai estate desoribed below or In Exhibit A áttached hereto (the "Land"), together WITh all buildings, structures,
fixtures, equlprnem, invemory and furnishings Llsed in connection witlllhB Land and Improvements; ail materials, contracts, drawings and
personal property relating to any construction on the Land; and ail other improvements now or hereafter constructed, affixed or locat~d
thereon (the "Improvements") (the Land and tile Improvements wiiectively the "Premises"); TOGETHER with any and all easements,
rights.ol.way, licenses, privileges, and appuoenances theroto, and any and all lease or other "greemems'or 1i1e use or occupancy of ¡he
Premises, all the rents, issues, profits or any proceeds therefrom and all security deposITs and any 9'Jaranty of a tenant's obligations
thereunder (collectively the "Renis"); ail awalds as a rasuit of candemnàtioo, eminent domain or'other decrease in value ofthe Promi,;os
and all insuranca and other proceeds 01 the Premises,
The Land Is de'cribed as follows (or in Exllibit A hereto if 111e description does not appear below):
See Att~ðhed Exhibit A .
1.3 "Obligations" mBans all ioans by the Bank to --RQ.NALD E TUECKE and! or P~.MELA J TUEC CE
.' Including those loans evidenced by
a note or nOte6 dated JAN!ll\.RY_.~.9_,_2_0_0_1 , in the Initial principal
amount(s) 01 $ 79,90 O. 00 ,
any extensions, renewals, restatements end modifications thereof and all principal, Intorest, fBaS anel exponses relating thereto, and such
amount' as may be advancad, paid down and readvanced from time to time (the "Note"); and aiso means ail the IlAortgagor's debts,
liabilities, obligations, covenanr., wananties, and duties to the Bani, (plus ITS affiliate' including any credit cord dobt due FirSta' Sank
U.S.A., NA but specifically excluding any type of consumer credi¡) , whether now or hereaher existing or Incurred, whether liquidated or
unliquidated, whether absolute or contingent, whether'arlsing out of the Loan Dccuments or othorNlse, and regardless of whethor such
Obligation, arise out 01 existing or futu.'e or~dit glantod bv the Bank to any Mortgagor, to any Mortgagor and otho", to others
guaranteed, endorsed or otherwise secur EXHIBIT y debtor-in-posseesion/aucce.sor-in-interest of any Mongsgor,
HUlA "'Fir"" Corpor.llon 1998 81 3/00
J
j
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"liazardaus Substances" will mean any hazardous or toxic wastM, chemicals or other sLibstances, tho goneration, possession or
existence of wl1ich is prohibited or governed by any Environmental Laws. The Mortgagor 15 not subject to any judgment, decree, order
or citation, or a party to (or threatened with) any litigation or administrative proceeding, which asserts that tl10 Mortgagor (i) has violated
any Environmental Laws; (ii) is required to clean up, remove or take remedial or other "ction WITh respaci to any Hazardous Substances
(collectively "Remedial A.c!ìan"); or (iii) is required to pay ollar a porllon oj the cost of any Remedial Action, as a potentially responsible
party. Excep1 as disclosEd on the Borrower's environmental ~'J"tionnair. provided to the Bank, rhere are not now, nor to the
Mortgagor's knowledge after reasonable inve"igmiot1 have there ever been, any HazardDus Substances (or tanks or other faeilitie" for
1he s1orage of Ha::ardous SubStances) 5tored, deposited, recycled or disposed of on, undEr or at any real estate owned or occupied by
the Mortgagor dUting the periods tharthe Mortgagor owned or occupied such real estate, which if present on the reai estatE or in salls or
grcund water, could require Remedial Action. To the Mortgagor'5 knowledge, there are no proposed or pending changes in
Environmental Laws which would adversely affect the Mortgagor or Its business, and there are no conditions existing currently or likely 10
exist while the L.oan Documents are in effect which would subjEct tho Mortgagor to Remedial Action or other liability, The Mortgagor
currently compiies with and will centinue te tlmeiy comply witl1 all applicable EnvironmentallàwS; and will provide the Bank, immediately
upon receipt, copies of any correspondence, notice, complaint, order or other document from any source asserting or alleging any
circumstance or condition which requires or may require a financial contribution by the Mortgagor or 'Remedial Action or other rGSpDnSe
by or on the part of tr,e Mortgagor under Environmentallaw6, or which seeks damages or civil, criminal or punitive penalties from the
Mortgagor for an alleged violation of Environmental Laws, In the event of any such cireClms1ance or condition, tl,e Mortgagor agrees, at
Its expense and at the request of the Sank, to permit an environmental audit solely jar the benefit of the Bank, to be conducted by the
Bank or an independent agent 6eiected by the 8"n;, anel which may not be roUed on by the Mortgagcr for any purpose, This provision
shEil not relieve the Mortgagor from conducting Its own environmental audits or taking any other steps necessarl to comply with
Environmental Laws.
2.9 Assignments, The MoITgagor will not assign, in whole or in part, without 1M Bank's prior written consent, the rents, Issues or
profits arising from the Premises.
2.10 Enlorcemant of Rents and Leases. Upon default under this Mortgage or any of the Loan Document' or any Obligation
(notWithstanding any ct;re period), the Bank shali be immediately entitled to collect all rents, i6sues and profits and tl1e Ban;', at Its option,
without notice and withcut ,eeking or obtaining the oppeintment of a r"ceiver or taking actual possession Df the Premi,es may (a) give
notice to any tenant(') that the tenant(s) should begin making payment' under their lease agreement(s) directly to the Bank or Its
designee; (b) commenCe a forecio,ure action and fiie a motion tor appointment 01 a receiver; or (e) givG nctice to the Mortgagor that the
Mortgagor should collect all rents, iSSLIes and profit. arising trom the PromisEs and remit them 10 1he Bank upon collection and that the
Mortgagor should enforce the r.rms of the leasels) to ensure prompt payment by renantls) under the leasels). All rems,issuas and
profit" reeeiveci by the Mot1gagor shall be held in trust by the MDrtgagor for the Bank. All such paymenlË received by the Bank si1all be
applied, first, in ,uch manner and order as may be prescribed lJy applicable law, and, ,econd, in any manner and order of paymer,t as
the Bank determines under this Mortgage, the Loan Document' and the Obligations, Th. Mortgagor agrees to hold each tenant
harmless from actions relating to tenam's payments 01 rants, issues and profits to the Bank. By virtue of the conveyance oi rents, i,sues
and profits, the Bank is not M5urr,ing any IlalJility under any lea.es ortenancy agre.ments.
2. i 1 Right of InspectiM. The Bank may at ail reasonable times emer and Inspect the Premise..
2.12 Redemption. It is agr.ed that if this Mortgage covers lass than ten (10) acreS oj land, and in tho Event of the foraclosura cf this
Mortgage and sale of the property by sheriff's sale in such foreclosure proceeding" the time of one year for redemption from said sale
provided by the statutes Dfthe State of iowa may at the sole option of the Bank be reduced to six (6) months provided the Sank, in such
action, flies an alection 10 waive any deficiency judgment against the Mortgagor wl,ich may arise cut of the foreclosure proceedings; all to
be consiS1ent with the provision, at Chapter 62B of the Iowa Code. if the redemption period i, '0 reduced, for the first three (3) months
after sale such right of redemption shall be exclusive to the Mortgagor, and the time periods in Section 628.5, 628.15 and 628.16 01 tlla
Iowa Code shall be reduced tD four (4) months.
It is jurther agreed that the period of redemption after a foreclosure of this Mortgage may at the sole option of tho Bank be
reduced to sixty (60) days if all of the three following contingencies deveiop: (1) The Land is iess than ten (10) acr., 'In size; (2) the Court
finds affirmatively that the premises have baen alJaneioned by the owners end those persons personally liable under this Mortgage at tho
time of such foreclosure; and (3) the Bank in such aerlon files an election to waive any deficiency judgment against the Mortgagor or its
successors in intErest in such aClion. if the redemption period is 50 reduced, the Mortgagor or its SUCCEssors in interEst or the owner
shall have the exclusive rlgllt to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors a$
provided in Sections 628.5, 628.15 and 628.16 Df the lows Code shalllJ. reduced to forty (40) day'. Emry of appearance by plEading or
docket entry by or on behalf of tho Mortgagot' shall Þe a presumption that the Premi,es are not abandonEd. Any sucl1 redemption period
shall be conel5tent with all ofthe provi,lons of Chapter 628 of the Iowa Coda, This paragraph shall not be construed to limit or otherwise
affect eny other redemption provisions contained in Chaptar 628 oftha low~ Code.
2.13 Fixture FIling. From the date of its recording, thl, Mortgage shall be effective as a financing statement filed a' a fixture filing with
respect 10 the Improvements and for this purpose 1he name and address cf the delJtor Is the name and address of the Mortgagor as set
fcrth in this Mortgage and the name and address of the sEcured party is the name and addr.ss olthe Bank as set forth in this Mortgaga.
2.14 Buslnes. Purpose. The Loan repre,ented by the Note doe, not constlrute a consumer credit transaction as defined In Iowa
Code Section 537.1301 (II). Tha loan is for a bu,iness or agricultural purpose as defined i~ i~wa Caele Section 535.'212) la) (5).
17141A p'o'3af8
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D8/1~
IN WIT!"E:SS WHEREOF, the undersigned has/have executed this MORTGAGE as of JANUARY 19, 20Q.l___....
(lndt,tduat Morts.gor)
~SJ ~M. ¿ r:J!1r..~~
_.._lfl"
Möltgogor Nome (OrganizEtlon)
Mortgsgor Nome _D.P.N8.lJLE_cUHKE
Sy
Ilndivld¡6J1;JortgE90r). c.... -...C). -'
..-XtÆ:.IJ;\¿~~lW ./
Name onel Title _lj'lA
By
Name anel Titl' ----
N/"
Mortgagor Nem, Y-A~ELLJ...J_U¡;'<:~F
(Mortgogor Addr..,)
510 DELORES
EAST DUEUOUE, IL
NOTE; {r mdivirhloL' aJ'e /11O}')'¡ed, I;lHh spnll-'cs
..!.r!LJE.<Ì,!H.
6.1025-1405
---
(Bank Address)
FIRSTAR BAIT'", N.h.
1850 OSBORN Þ.VE.
....fl!!)!I<O..ê.!L WI 54901
¡Complete 11 the Ivlortgeged Property inoludes the "homesteed," within the mEaning of Ch'p'er 561 of Il1e Iowa Code and is "agricultural land" as
defined in Seotion 9H,1 of 'he low. Cod" or 4"ellln9', building', or otl1" appurtenance, located on the tand]:
I (WE) 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 (WE) VOLUNTARILY
GIVE UP MY (OUR) RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS
BASED UPON THIS MORTGAGE, :
.-.'------'"
Ds.ted: --..----.--.
(Type or Pein! Nama)
, Morlgagor
Dated:
¡rype o'P;¡nt Name)
, Mortgagor
STAT!: OF -];Q.W.l!-_.
~ ss
COUNTY OF
IJUB.UQUE
This instrtlmen' was iclcnowlcdged b,fore m' on __...J..ê.J1uary 19, 2 00 1
¡0""1
m"",""",ld~I"""o'l"al""I"",.'l
01
, by DONALD E Tj;[~C~A!:;(E;I.&_.J
,Nomel'I'/"',"I' ) -
,as husband and wife
¡I"o ef ""rhe",y, II ony, ,.... 0111"', """" Iron 'n""dc", ..to'o
N/A
lNOm' " ,nIIlY" W,,^" b,"sill" dooom,"""" """Ic',"" NIA Ii In""O""1
TUECKE
(Notarial Seal)
1--~1
J"'? :::J~~~~:J
Printed Nom.:
~u~ C'), ."3:,eSL,."",-rt
.Ttmy A. ~CHMJT1'
No'ary Pcblic, State'ol: _IOWA
Mycommi"lone'pire3\ 4/26/02
171 "...
P'ge 6 of 6
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PANOREX REALTY INC
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03u,~n
08/18
EXHIBIT A TO MORTGAGE
(Legal DMorlption)
Mortgagor:
DO~ALD E TUECKE and ~AMELA J TuECKE
Bank:
FIRSTAR BANK, N.A.
l.egal Description of Lz.nd:
THE WESTERLY 33 FEET OF LOT 84 IN L. H. LANGWORTHY'S ADDITION TO DUBUQuE,
IN THE CITY OF DUBUQUE, IoWA, ACCORDING To THE RECORDED ~LAT TEEREOF,
PROPERTY LOCATED AT, 209-2"" EAST 22ND, DUBuQUE, DUBUQUE COUNTY IN IoWA.
LOT 1 OF THE SUBDIVISION OF THE NORTH TWO.THIRDS OF LOT 34 IN KELLY'S
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE ~LAT RECORDED
AS INSTR~!ENT #525-60, RECORDS OF DUBUQUE COUNTY, IOWA.
~ROPERTY LOCATED AT, 737-739 CALEDONIA, DUBUQUE, DUBUQUE COUNTY IN IoWA.
TßE NORTHERLY 21 "/2 FEET OF THE SOUTHERLY 1/2 of THE EASTERLY 1/2 OF LOT
20 IN L. H. LANGWORTHY'S ADDITION TO DUBuQUE, IN TRE CITY OF DUBUQUE, IOWA,
ACCORDING ~O THE RECORDED PLAT THEREOF.
PROPERTY LOCATED AT 23~5 WH1TE, DVBUQUE, DUBUQUE COUNTY rN IOY~.
/
'\
--------
1222A
"Rr""r Co,po,.lIoo i.98
81
.I('B
lI.FFI DAVIT
STATE Or IOWA
SS
COUNTY OF POLK
I, Theodore R. Boecke~, 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
person except attorneys associated with me in this case, for any
sharing or division of the attorney fees to be taxed herein.
I further depose and state that true copies of the note and
mortgage and any other documents declared upon in the foregoing
Petition are now in my actual possession; that I have read the
above and foregoing Petition, know the contents thereof, have
personal knowledge of the facts therein stated, and that the
statemencs and allegations therein are true as I verily believe.
.~~ ð .ú'-~
Theodore R. Boecker PKOOO0439
Subscribed and sworn to before me this ~ day of
2004 .
August,
/þ.~~ /~ ~
Notary ~blic in and for the
State of Iowa
,
..,. f
~ lA;c::~~~~~E~:"hC I
Exhibit "C"