Claim - Suit: Wells Fargo Bank Home Mortgage
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
WELLS FARGO BANK, N.A., SUCCESSOR
BY MERGER WITH WELLS FARGO
HOME MORTGAGE, INe. F/K/A
NORWEST MORTGAGE, INC.,
41-1458267
Plaintiff,
vs.
DAVIDJ. YOCKEY, PATTY A. YOCKEY,
CITY OF DUBUQUE, and PARTIES TN
POSSESSION,
Defendants.
) EQUITY NO. elf 31 J [~'lll 'C9 (j, J c, (
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FORECLOSURE PETITION
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NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.
THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR
PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE
COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN
DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF
JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A
ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM
ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR
RESIDENCE OR IS YOUR RESIDENCE BUT NOT 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.
COMES NOW the Plaintiff, Wells Fargo Bank, N.A., successor by merger with Wells
Fargo Home Mortgage, Inc. f7k/a Norwest Mortgage, Inc., and respectfully states to the Court the
following as its cause of action against the Defendants:
1. The Plaintiff, Wells Fargo Bank, N.A., successor by merger with Wells Fargo
Home Mortgage, Inc. f/k1a Norwest Mortgage, Inc., elects to foreclose without redemption
pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this
action is not used for an agricultural purpose. The mortgaged property is a one-family or two-
family dwelling.
2. The Plaintiff, Wells Fargo Bank, N.A~, successor by merger with Wells Fargo
Home Mortgage, Inc. flk/a Norwest Mortgage, Inc., is a corporation duly authorized to transact
business in the State ofIowa.
3. The Defendants, David J. Yockey and Patty A. Yockey, are a married couple and
are residents of Dubuque County, Iowa.
4. The Defendant, City of Dubuque, is joined as a party to this action because it may
claim some right, title or interest in the property which is the subject of this action including but
not limited to by virtue of judgments entered February 17,2000 in CICV 42389 and January 22,
2004 in CICV 51727, both of the Iowa District Court in and for Dubuque County. The
Defendant's rights to the property which is the subject of this action are junior to the Plaintiff.
5. The Defendants, Parties in Possession, are made parties to this cause of action
because they may claim some right, title or interest in the property which is the subj ect of this
action due to the fact that the Plaintiff is credibly informed and believes that they may be tenants
in possession of the property the subject of this cause of action. The Defendants' rights to the
property which is the subject ofthis action are junior to the Plaintiff.
6. On or about September 21,1992, the Defendants, David J. Yockey and Patty A.
Yockey, executed and delivered to The First National Bank of Dubuque, one certain Promissory
Note in the principal sum of Sixty-seven Thousand Six Hundred and 00/100 Dollars
($67,600.00). A copy ofthe Note is attached hereto as Exhibit "A" and by this reference
incorporated herein.
7. To secure payment ofthe Note, the Defendants, David J. Yockey and Patty A.
Yockey, executed and delivered to The First National Bank of Dubuque one certain Purchase
Monev Mortl!al!e dated September 21,1992, which Mortgage was filed on September 22,1992,
in Instrument No. 12954-92 of the Dubuque County Recorder's Office, upon the following-
described real estate, to-wit:
Lot I of Lot 5 of Block A and Lot 2 of Lot 5 of Block B in "Key Knolls
Subdivision" in the City of Dubuque, Iowa according to the recorded plat thereof
8. A copy of the Purchase Money Mortgage together with the Recorder's Certificate
thereon is attached hereto as Exhibit "B" and by this reference incorporated herein.
9. On or about September 22,1992, The First National Bank of Dubuque sold,
assigned and delivered to Wells Fargo Bank, N.A. successor by merger with Wells Fargo Home
Mortgage, Inc. flk/a Norwest Mortgage, Inc. the Note and Mortgage referred to herein as
Exhibits "A" and "B". Said Assignment was in writing and recorded on September 22,1992 in
Instrument No. 12955-92, records of Dubuque County. A copy of said Assignment is attached
hereto as Exhibit "C" and incorporated herein by this reference.
1 O. The Mortgage and Note is a Purchase Money Mortgage and provides that in case
of default the holder may declare the entire principal and the interest accrued thereon due and
payable and the Mortgage may be foreclosed.
11. The Defendants, David J. Yockey and Patty A. Yockey, have failed to pay the
Note and interf':~t thf':TP:nn ~c;:. nrnv,npn hv thp tprrnCl nfth"", 1\.Tnt"",
12. By reason of the failure to pay the Note and interest, the Plaintiff has elected and
does hereby elect in accordance with the terms and conditions of the Note and Mortgage to
declare the whole ofthe Note due and payable forthwith and to exercise its right to enforce
payment of the entire Note as provided by the Note and to foreclose the Mortgage given to
secure the same.
13. The unpaid balance due on the Note after allowing all credits due to the
Defendants is the sum of Sixty Thousand six hundred seventy one and 11/100 Dollars
($60,671.11), which is the principal balance, plus interest calculated at the default rate of 8% per
annum from September 1, 2004. Interest accrues on the said sum at the rate of$13.16 per day.
14. In order to commence this foreclosure proceeding the Plaintiff has expended title
costs of$180.00, escrow advances of$32.09, corporate advances of$15.00, suspense balance of
$-560.66, to all of which sums the Plaintiff is entitled to ajudgment against the property with
interest at the rate of 8% per annum, costs and accruing costs including but not limited to any
and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs
between the time of the Foreclosure Decree and the time of Sheriffs Sale, including reasonable
attorney's fees.
15. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has
been made for payment, and payment has been refused.
16. Under the terms of the Mortgage a receiver maybe appointed.
17. The Plaintiff gave a Notice of Right to Cure and more than thirty (30) days have
elapsed since the notice was given.
18. The Plaintiff hereby waives their right to a deficiency judgment.
19. Under the terms of said Note and Mortgage, the Defendants, David J. Yockey and
Patty A. Yockey, agreed to pay attorney's fees and all costs in connection with the proceeding to
enforce or foreclose the Mortgage. Attached hereto as Exhibit "D" and incorporated herein by
this reference is an Affidavit of Attorney's Fees as required by Iowa Code 9 625.22 (2003).
WHEREFORE, the Plaintiff, Wells Fargo Bank, N.A., successor by merger with Wells
Fargo Home Mortgage, Inc. flk/a Norwest Mortgage, Inc., prays for judgment in rem against the
real estate described above, for the sum of Sixty Thousand six hundred seventy one and 111100
Dollars ($60,671.11), which is the principal balance, plus interest thereon at the rate of8% per
annum from September I, 2004, such amount equaling $13.16 per day, the costs of this action,
including title costs of$180.00, escrow advances of$32.09, corporate advances of$15.00,
suspense balance of$-560.66, reasonable attorney's fees and additional sums for continuing the
abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law and
that said sums be declared a lien upon the premises above described from September 21,1992,
the date of the Plaintiffs Mortgage, prior and superior to any right, title, lien or interest of the
Defendants or any of them therein; that the Plaintiffs Mortgage be foreclosed; that any right,
title, lien or interest ofthe Defendants or any of them in said property be declared junior and
inferior to the lien of Plain tiffs Mortgage; that a special execution issue for the sale ofthe
mortgaged premises or so much thereof as may be necessary to satisfy the judgment including
interest, costs, and accruing costs including but not limited to any and all advances made by the
Plaintiff for taxes, insurance, property preservation and other costs between the time of the
Foreclosure Decree and the time of Sheriffs Sale, and that from and after said sale under special
execution, the right, title, lien or interest of the Defendants in and to the mortgaged premises be
forever cut off, barred and foreclosed, and the purchaser at said sale take free and clear of any
right, title, lien or interest of the Defendants or any of them.
The Plaintifffurther prays for a Writ of Possession to be issued under the seal of this
Court, directed to the Sheriff of Dubuque County, Iowa, commanding him to put the purchaser at
said sale under special execution or a successor in interest in the possession ofthe premises; and
that a receiver be appointed to take charge of the mortgaged premises during the period of
foreclosure for the purpose of preserving the mortgaged premises for the benefit of all
concemed.
The Plaintiff further prays for such other and further relief as the Court may deem just
and equitable under the circumstances.
{JQwSl-
David M. Erickson (PK 001507)
The Financial Center
666 WaInut Street, Suite 2500
Des Moines, Iowa 50309-3993
Telephone: (515) 288-2500
FacsimiIe: (515) 243-0654
ATTORNEY FOR THE PLAINTIFF
OF COUNSEL:
DAVIS, BROWN, KOEHN,
SHORS & ROBERTS, P.C.
The Financial Center
666 Walnut Street, Suite 2500
Des Moines, Iowa 50309-3993
Telephone: (515) 288-2500
NOTE
,. A V I U J. l U C.1t E T
533096
SEPTEMBER 21, 1992
1850 NORLANO;OUBUOUE.IA
IP'ope"Y^ddreu)
DUBUQUE
(ClIyl
$2002
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(Stelel
1. BORROWER'S PROMISE TO PAY
In return lor a loan thai I have received, t promise 10 pay U.S. $ 6 7 . 600 . 0 0 (this amounl is caliI'd "principal"),
plus inlerest. 10 the order of the lender, The lender is THE FIRST NA T1QNAl BANK OF DUBUQUE. I understand that the lender may transfer this
Nole. The Lender or anyone who takes this Note by transfer and who is entitled 10 receive payments under this NOle is called Ihe 'Nole Holder:
2. INTEREST
Interest will be charged on unpaid principal until the lull amounl 01. principal has been paid. I will pay Interest al a Y1'arly rale
of 8 _ 0000 "'.
The interest rate required by this Section 2 is Ihe rate I will pay both before and after any default described In Section 6(8) of thi!'! Note.
3. PAYMENTS
(A) TIme and Place of Payment"
I will pay principal arid Interest by making payments every month.
I will make my monthly payments on the 1 S T day of each month beginning on N 0 V E M B E R 1 ,19 92 . I will make these
payments every monlh untit I have paid aU of the principal and Interest and any other charges described below thai I may owe under this Note. My
monthly payments will be applied to interest before principal. It, on 0 C T 0 B E R 1, 2 0 2 2 ,I still owe amounts under
this Note, I will pay those amounts in fuf! on that date, which is called the "maturity date:'
I will make my monthly payments at P.O. Box 148, Dubuque, towa 52001 or at s different place il required by the Note Holder.
(B, Amount of Monthly Payments
My monthly payment will be In the amount of U.S. $ 4 96 , 0 2
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal stany time before they are due. A payment of principal only Is known as a "prepayment:
When I make a prepayment, I wHlteli the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Np_te,Holder. will Us~ AU 01 my
prepayments to reduce the amount of principal that I owe under this Note. If j make a parlial prepayment, there will be no changes in the due date or
In the amount of my monthly payment unless the Note Holder agrees in writing to lhose changes.
5. lOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the ihterest or other loan charges
collected or to be conected in connection with this loan exceed the permitted limas, then: [I) any such loan charge shall be reduced by the amount
necessary to reduce the charge 10 the permilled limit; and (ii) any sums already collected lrom me which exceeded permitted limits will be relunded
to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Nole or by making 11 dill~ct payment to me If a
relund reduces principal, the reduction will be trealed as a parlial prepayment
6. BIfRROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge lor Overdue Payments
lithe Note Holder has nol received the lull amount of any monthly payment by the end of
dale it is due, I will pay a late charge to the Note Holder. The amount 01 the charge will be
of principal and interest. I will pay this lale charge promptly but only once on each late payment.
(B) Delault
If I do not pay the full amount 01 each monthly payment on the date it is due, 1 will be in default.
(C) Nollce of Delault
III am in default, the Note Holder may send me a written notice telling me that ill do not pay the overdue amount by a certain date, Ihe Note
Holder may require meto pay immediately the lull amount of principal which has not been paid and aU the intereslthat I owe on thall!.mOtmt. That
date must be at least 30 days after Ihe dale on which the notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me 10 pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in delault at e later time.
(El Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay Immediately in full as described above, the Note holder will have the right to be paid back by me
for all of its costs and exponses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for lIxample,
reasonable atlorneys' lees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any nolice that must be given to me under this Note will be given Py delivering It or by
mailing it by first class mail to me at the Prop'ilrty Address above or at a dillerenl address if I give the Note Holder a notice of my different address.
Any notice that must be given 10 the Note Holder under lhis Note wilt be given by mailing it by first class mall to the Note Holder at the
address stated in Section 3(A) above or at a different address 111 am given a notice 01 that different address.
B. OBlIGATlONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully Bnd personally obligated to keep ell of the promises made in this Note, Including
the promise to pay Ihe lull amount owed. Any person who is a guarantor, surety or endorser 01 this Note Is also obligaled 10 do these things. Any
person who lakes over these obligations, Including the obligations of a guarantor, surety or endorser or this Note, Is also obligated 10 keep all 01 the
promises made In this Note. The Note Holder may enlorce its rights under this Note against each person Individuatly or against aU of us logether.
This means that anyone 01 us may be required to pay all 01 the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice 01 dishonor. "Presentmenl" means the
right to require Ihe Note Holder to demand payment 01 amounts due. "Notice 01 dishonor" means the right to require the Note Holder to give nolice to
other persons that amounts due heve not been paid.
10. UNIFORM SECURED NOTE
This Note Is a uniform instrument with limited variations in some jurisdictions. In addition 10 the protections given to the Note
Holder under Ihis Note, a Mortgage, Deed 01 Trust or Security Deed (the "Security Instlumenf), dated the same dale as this Note, protect; the Note
Holder Irom possible losses which might result 111 do not keep the promises which I make in this Note. That Security Instrument desc/lbes how end
under what conditions I may be required to make Immediate payment in tull 01 all amounts I owe under this Note, Some of those conditions are
described as follows;
Transfer of the Property or a Beneflclallnt,!,."t In Borrower, If aU or any part of the Property or any Interest
in it is sold or transteffed (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender'!,! prior written consent, Lender may, at its oplion. require Immediate payment in full of all
sums secured by this Security Instrument. However, this opUon shall not be exerci!'!ed by Lender if exercise Is
prohibited by federallllw as of the date of this Security Instrument.
If Lender exercises this option, lender shall give Borrower notice of acceleration. The notice !lhaH provide
a period 01 notlen than 30 days f,om the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Security Instrument. !I Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies pl'.mllled by this Security Inslrument without further notice or demand on Borrower.
n.F.r~ EN
5.0000
calendar days after the
% 01 my overdue payment
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY
BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT
CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF
THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.
The underslgnedacknowledg!ls receipl of a copy 01 this Note.
WITNESS THE HANO(S) AND SEAl(S) OF THE UNDERSIGNED.
~;^<6U, . II 11'</lr I I.~
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12954-92
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'92 SEP 22 PM 2 q7
.f ~Mrs w. POWERS
COUIITY RECORDO,
DUDlnu;: C~., 10'::,\
(Space Above This Une For RecordIng Datal
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Loan II:
533098
MORTGAGE
THIS MORTGAGE rSecurity Instrument") Is given on S E P T E If B E R 2 1. 1 9 9 2
Th\!mo~gagOfis l>~t1..'1". 'rOCl(EY, '>lIfE AIID OAVID J. '10t'('E.'I. HUSBANO
1'Borrower"), This Security Instrument Is given to The First National Bank 01 Dubuque, which Is organized and eKlsting ullder the laws of
Dubuque, Iowa, and whose address is P OBo)l148. Dubuque, Iowa 52001 (lender"). Borrower o.....es lender the principal sum 01
stX1Y SEVEN TMOUSANO Sl~ MUNDRED cOLLARS AIID NO/laD
Dollars (U.S. $ 67. 6 0 0 . 0 0 ). This debt is evidenced by Borrower's note daled the same date as this Security Inslrument
("Nole"), which plovid9s 'or monlhly payments, with ttle lull debt, If nol paid earlier, due and payable on 0 C T 0 B E R 1, 2 0 2 2
Thi~ Sec\l!it)l 1n'S\lumen\ 'SeCU!$S to lendel: (al the lepayment 01 the debl evidenced by Ihe Note, wllh interest, and aU renewals,
exlensions and modifications of the Nole; (b) the payment 01 all other sums, with il)terest, advanced under paragraph 7 to protect the
security of this security Instrument; and (cl the performance of Borrower's covenants and agreemenlS under 1hls Sacurily Instrumenlllnd
\he Ncle. Fo! this purpose, Bollowel does hereby mol1gage, granl and convlIY 10 lendef the lollowing describer! property located In
DUB U QUE County, Iowa:
LOT OW'C (\> OF 'dll fl'JE (5) OF SLO!:l(; 1\, lINtl LOT T'WO (2) OF LOT fiVE (5) OF
BLOCI( g IN "KEY I(NOLLS SUBDIVISION" IN THE CITY OF DUBUQUE, 10IJA, ACCORDING
TO THE RECORDED PLATS THEREOF, SUBJECT TO EA$E~ENTS OF RECORD.
THIS IS A PURCHASE HOIiEY HORTGAGE
low'
52002
(ZipCodel
'8'50 1ol0RI..AMO
[SI'ul!
rProperiy Address"):
OUQUQUE
ICIIYI
lo'Ih.ich has th.e address of
TOGETHER WITH all tM improvements now or hereafter erected on Ihe property. end all easements, appurtenances, and fiKlures
n-ow Of tiereaflel a part 01 \he plOperty. All H~p\acementsand additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as Ihe "Plopeny."'
BORROWER COVENANTS \hat BOHQ1Hl!r iI.lawlully seised 01 tt\e .estale hereby colwe)led and has the light to mortgage, grant end
convey the Property and thai the Property Is unencumbered, except for encumbrances of record. Borrower warrants 81'1d will defend
generally the lille 10 the Propeny against all claims and demands, subject to any encumbrances or record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenanls with limlled variations by
jurisdiction to constitute a uniform securlly instrument covering raal property.
UNIFORM COVENANTS. Borrower and Lender cova(lanl and agree as follows.
1. Payment of Principal and Interest; Prepayment and lala Charges. Borrower shall promplly pay when due th.e prillCipat 01
;lnd interest on the debt evidenced by the Note and any prepayment and late charges due under the Nole,
2. Funds lor Tuell and Insurance. Subject to applicable Jawor 10 a written waiver by lender, Borrower shall pay to lender on
the day monthly payments are due ur"lder Ihf Note, untillhe Note is paid in full, a sum ("Funds.'J for: '.ill yearly tal('Ils al'd assessmants
.....hich mayaflaln priority over this Security Inslrumeflt as a lien on the Property: (b) yearly teasehold paymenls or ground f6'nts on the
Property, it any: (e) yearly haza~d or property insur~~c~ pf~rniums: !d), yea~Jy r~ood )nsu.rance premiums, if any: (6') yearly mortgage
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 319-589-4446. (If you are hearing impaired, call Relay Iowa TTY at
1-800-735-2942.)
""1 ()j 9-1
)td
Clerk of the above Court
Dubuque County Courthouse
Dubuque, Iowa
IMPORTANT
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR
INTERESTS.
loan#:
533l)'H
In the event at a lolal taking ollhe Properly, the proceeds shall be applied 10 the sums secured by this Security Instrument,
whether or not then dUll, with Rny ellCBSS paid 10 BOlfower. In the event of a parllallaking of the Property In which the lair market ve.lua 01
Ihe Propeny Immediately before Ihlt laking Is equal to or greater than the emount of the sums secured by Ihls Security Instrument
immediately beforelhe taking, unless Borrower and Ltmder Olherwlse agrll9 in writing, the sums secured by this Security Instrument shall
be reduced by the amount of the proceeds multiplied bV the rollowing lraction: (a) the lotal amount 01 the Wml!. secured Imrruldiately
befcire the taking, divided by (b) the fair market value of Ihe Property immediately before the taking. Ally balance shall be paid to
Barrower. In the evenl al a partIal taking of the Property In which lhe fair market value of lhe Property immediately belore the taking Is
lass than the amount 01 the sums secured immedialely belore the taKing. \mles!l Bonowllr and lImdef otherwise 3gle9 in wliling or
unless applicable law otherwise provides, the proceeds shall be Applied 10 the sum5 secured by this Security Instrument whether or not
the sums are then due.
If the Property is 8bandoned by Borrowgr, or if, aller notice by Lender to BOW:Jwef that the condemnor offef!: to meke an ewald
or sellle a claim for damaages, Borrower falls to respond to Lender within 30 days arter Ihe date the noilce Is given, lender Is Bulhoriled
to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to trle sums secured by this Securlfy
Instrument, whether or not then due.
Unless Lender and Borrower otherwise egree in wliting, any application 01 proceeds to principal shan nol exlend or postpone
the due date ollhe monthly payments relerred to in paragraphs 1 and 2 or change the amount of such payments.
11, Borrower Not Rele...sed; Forbearance By lender Not. WaIver. Extens.ion of (he time for p3ymen~ Of mlXlll\catlcn
of amortitation 01 the s.ums secu(l!d by this. Security Instrument granted by lender to any successor in interest 01 Borrower shall not
operale to leleasa fhe liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commllnce
proceedings against any succe,sor in interest or reluse to ex.tend time lor paymant or othe(Wlu mQoify affiQrtita.lloll of Ita sumS secured
by '\IS Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In Inlerest. Ivly
forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Se:verai Uabmty~ Co.d9\1.er~ The cov~mants and llgrf:emen\s 01 Ihis Securl'ty
In!.lrument shaH bind and be'?lefit the successors and assigns of Lender and Borrower, subject to the provIsions 01 paragraph 17,
Borrower's covenants and agreements shall be joint and several', Any Borrower who co-signs Ihis Securily Instrument but does not
execute the Note: (a) is co-signing the Secullb/lnstrument only to mortgage, grant and cOIl"ey tt1at Borlower's in'eles\ in Ihe Property
under the terms of thIs Securily Instrument; (b) is nol personally obligated 10 pay the sums secured by this Secuil1y Instrument; and (c)
agrees that Lender and any olher Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms
of this Secufity In!.tl\.lmef\t or the N<ll'll wi\ho\.lt that Bomlwer's cQrlser.t.
13. loan Charges. If the loan secured by t/1is Security Instrument is subJect to a law which sets max.lmum loan charges,
and that law is finally Interpreted so that the interest or other loan charges collected or 10 be collected in connection with the loan exceed
the permitted 11",'\s, then: (a\ ar.y !.\lct1 Ioafl chalge shall be Ie-duced by \he- amount nece-ssa'y 10 reduce me charge 10 1he pelmltled
limit; and (bl any sums already collected Irom Borrower which exceeded permitled limits will be refunded to Sorrower, Lender may
choose to make this refund by reducing t"e principal owed under the Note or by making a direct payment to Borrower. rl a refund
r~duC'lls pli~cip-at. the leduc\ior. will be \rf:a\ed as & partial plepaymenl without any plepaymenl chllrge under tl1e Nole.
14, Notices. Any notice to Borrower provided lor In this Securily Instrumenl shall be given bydeliverir.g it or by mailing II by
IIrst class mail unless applicable law requires \.lse of another method. The notice shalt be directed to the Properly Address or any other
addle!".!". BoHowotf designates by notice to lender. Any nolice '0 Lendel sl1all be given by flrsl class mail to Lender's address stated
t1en~In or any other address Lender designates by notice 10 Borrower. Any notice provided lor in this Secllrity Instrument shalt be deemed
to have been given 10 Borrower or Lender wt1en given as provided in this paraglaph.
15. Govelnlng Law; Se"etl'l,bl\i\'1. "This Securily Ins\ruml'!n1 shall be govemed by iederllllaw and the law a! the jurIsdiction In
which the Property is located. In the event that any provision or clau!':e of this Security Instrument or the Nole conflicts with applicable
law, such conlllct shall not affect other provisions of this Security Instrument or the Note which can be given enect without the conflicting
pr<::wision. 10 this end \l'1e plO\/is\ons 01 Ihis Seculi\y Ins\Tumenl and foe Nole are declared 10 be severable
16. Borrower's Copy. Borrower shall be given one conlmmed copy of the Note and of this Security tnstrument.
17. Transfer of the Properly or a Beneliclallnterest In Borrower. II alt or any part of the Ploperty or any Interest In it Is sold
or trllnshmed (01 il a beneticiat in\erest In BOIlOWel is sold 01 tlanstelled and Sorrower Is nol a natural person) without lender's prior
written consent, Lender may, at its option, /equlre Immediahl payment In full of all sums secured by lhls Securily Instrument. However,
this option shall nol be el(erclsDd by Lender it exerelse Is prohibited by federal lllw as 01 the date of this SliIcurity Instrument.
II lendel &l\eltises this op1ion, lender shall give Borrower nolice of acceleration. "The notice shall provide a period of notles!! than
30 da}'s lram the dii:e jh~ nolice Is dei;verild <,r m:;.;!r,d ,,",'ith\;'I ....hich 6c.ri.:...:ler must pay all sums secured by thit; Security' :nstrumenl. II
BorlOwer laUs to pay these sum!! prior to the lIx.piratlon of this period. Lender may invoke Rny remedias permitted by this Security
\nSlfUmen\ without tur\hel notice Of demand on Sorrower.
18. Borrower's Rlghlt" Reinstate, If Bmrower meets certain conditions, Borrower shall have the right to "ave enforcemenl of
this Security Instrument discontinued at any time prior 10 the earlier 01: (a) 5 days (or such other period as appficabla law may specify for
reins1alemenl) before sale of the Property pursuant to any power 01 sale contained In this SeCUflfy Instrument; or {bj entry of a judgment
enlorcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which Ihen would be due under this
Security Instrument and the Note as ir no acceleration had occurred; (b) cures any detault 01 any other covenants or agrllernents: (cl
pays aU expenses incurred in enlorcing this Security lnslruml!nt.lnc!uding, bul not limited to, reasonable attorney~' lees: and {d) takes
such action asl.ender may reasonably require 10 assure that the lien of this Security Instrument, Lender's rights jn the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall conlinue unchanged. Upon reinstatement by Borrower,
t\1is Security Instrument and the oblig~lions secured hereby shall remllin fully affective as if no acceleration t1ad occurred, However,thls
right fa reinstate shalf nol apply in th~ case of acceleralion under paragrapl117.
19. SaID of Note; Change of Loan Setvlc~r. The Note or a partial interest in fhe Note (togelher with this Security lll~trumentl
may be sold one Of more limes without prior notice 10 Borrower. A sale may result in a change in the entity (known as the "Loan
Service!") that collects monthly payments due under tt1e Note and this Security Instrument. There also may be one or more changes 01
the Loan Servicer unrlllatlld to a sale of the Nole. II there is a change of Inl1 Loan Servicer, Borrower will be given written notice of the
change in accordance with paragraph 14 above and applicable law. The notice will state lhe name and address of the new l03n Servlcer
and the address to which payments should be made. The notice will aiso contain any other inlormation required by applicable law,
20. Hazardous Substances. Borrower shall not cal,Jse or permit the presence, use, disposal, storage, or release of any Hazardous
Substances on or In the Property. Borrower 5hall nol do, nor allow anyone else to do, anything affecting the Property Ihatls In vIolation of
any Environmental Law. The preceding two sentences shalll'lot apply 10 the presence, use, or storage on the Property of small quanlilies
of Halardous Substances that are gerlerally lecognlzed to be appropriate 10 normal residential uses and to maintenance of the PfOperty.
Borrower shall promptly gIve Lender written notice of any investigation, claim, demand, lawsuit 01 other action by any governmental
or regulatory agency or private party involving the Property and any Hanrdous Substance or Environmental law of which BOlrower has
actual knowledge. II Bnrrowal learns, or Is notilled by any governmental or regulatory authority, that any removal oc other remediation of
any Harzardous Substa.nce atlecting the Property is necess#ry, Sor/ower shall promptly t#ke all necessary remedial acllons In accordance
wilhEnvironmentalLaw.
As uSild inthis p3i'l;grioph 20, "; :alardou3 ~ubs\ar,c8$' M:;' :h0:;E, ~lil;~ta,;,;;.;" GI,o:I"o.J ll.J. t(/~;C!:l! !;X/:a,'Jo~s f.l\;1..\'...ti',{..c'3~by
Environmental law and the following substances: gasoline, kerosene, other flammable oc toxic petroleum prodl,JCls, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used In thIs paragrtlph 20,
"Environmental Law" means federaJ laws and laws 01 iurisdictioi'\ when the Properly is localed ~ha\ relate to health,!.aiety or
environmental protection.
NON-UNIFORM COVENANTS, Borrower and Lender /urlhel covenant and agree as follows:
21. Acceleration; Remedle$. Lender shan gtve notice to Borrower pftor to ecceleult\on tonowlny 80now.,'s breach
of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless appllcablelew
provtdes otherwIse). The notice shall speelly: (a) the default; (bJ the action required 10 cure thlil default; (c) a date, not 'en than 30
days from the date the noUce Is given to Botrower, by which the default must be cUfed; and ~d) 'hat falluf. \0 c-ure \he delault on or
before the date specified In the notice may result In accelerallon 01 the sums secured by thIs Securlly In,lrument, foreclosure by
judicial proceeding and sale of the Property. The notIce shall further hlform Borrower of the rlghllo r.rnstale afler acceleraUoo
and the right to auert In Ute foreclosure proceedIng the non-nlstence (I.j a detault Of any other lJefense 01 Borrower to
acceleraUon and foreclosure. If the default Is not cured on or before the date specified In the nollce, lender at lit opl/on may
reoulre Immediate oavment In lull of all sum. secured bV this Securlly Instrument without further demand and m#v fOUll:!t..... thl.
loanl:
533098
22. Release. Upon payment of all sums secured by Ihi$ Security Instrument, lender shall release this Security Instrument
without charge 10 Borrower.
23. Waivers. Borrower relinquishes all right 01 dower and waives all right 01 homestead and distrlbuUve share In and to the
Property. Borrower waIves any right of exemption as 10 the Property.
24. Redemption Period. 11 the Property is les$ than 10 acres In size and lender waives in any foreclosure proceeding any right
to a deiiciency Judgment Igeinst Borrower, the period of redemption /rom judicial sale shall be reduced to 6 months. If the courl finds
that the Properly has been abandoned by Borrower and lender waives any right 10 a deficiency judgment egainst Borrower, the period of
redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 24 shall be construed to confOrm 10 the
provisions of Sections 628.26 and 628.27 01 the Cod!' of Iowa.
25. Riders to this Seeulrty Instrument II one or more riders ore e)(eculed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall belncofporated into and shall amend Ilnd supplement the
covenants and agreemenls 01 this Security Instwment as if the rider(s) were a part of this Security Instrument.
(Check applicable bo)((es)]
0 Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider
0 Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider
0 Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider
0 Other(s) [specify]
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ
CAREFULLY BECAUstO ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR
ORAL PROMISES NOT CONTAINED IN nlls WRITIEN CONTRACT MAY BE LEGALLY ENFORCED. YOU
MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITIEN AGREEMENT.
The undersigned acknowledges receipi of a copy of Ihis Mortgage.
BY SIGNING BELOW, Borrower accepts and agrees to tne terms and covenants contained in pages 1 through 4 of tnis Security
Instrument and in any rider(s) execuled by Borrower and recorded with it.
(Seal)
.Bo"owe'
/Of~~-
DrlD y:- ~., CKEY
(Seat)
.Bo"".,....r
(Seal'
.BOffowe.
Social Security Number
(Seal)
.80"""""
Socia! Security Number
STATE OF IOWA,
DUBUQUE COUNTY 5S:
Onlhis 21 S T dayof S E P T E H B E R ,19 92 ,befofeme,aNotaryPublicintne
State 01 Iowa, personally appeared PATTY A YOCKEY AND DAVID J. YOCKEY
to me personally known to be the person{s) named in and who executed the foregoing instrument, and acknowledged that
TilE Y execuled the sarna as THE I R voluntary act and deed.
I :."Comm'"'oo".',,, 3-3-91/ tu~-Jl/ (]~
NolaryPublk; In ""d r"'.~ld.coohfyandSI.I.
____. ._. __....0
I",
~':(~.~ ':11:11'.'1 II CAll^II,IN
'....
12955-92
7J"~.r-....- I/V.
'--' 1;0-'........ ..~ ----
ASSIGNMENT OF MORTGAGE
'92 SEP 22 PM 2 q7
,\^MFS w. POwEnS
COUNTY RECORDEllf500
DUBUQUE CO.. IG',!,\ FEES
For 'Value Received, THE FIRST NATIONAL BANK OF DUBUQUE, a
National ~anking Association, hereby sells, assigns and transfers to
NOR U f !: T M 0 i! r GAG E I II' C
Elo~aUFTTF AVFNlJF snllTH HllLliUpot 15 Mil' 0;';402
all its right, title and interest in and to a certain mortgage executed
by~;.1JY 1 YOrKEY UlfF AND~P J YOCICFY HllSIiA1fD
to the First National Bank of Dubuque, and bearing date the ?lST day of
S E P T F M R f R
A.D,~, and recorded in the office Of the Recorder of
County, state of ----1...O.J.l.. as Instrument No. 12954-92
~\LQ...Uf
on the nnd day of
~p.pr~mhP""
A.D. 1qq?
" signed
.'1"""
11'),'1 ;"/
.-....: I .-
~: ....~'
',./.U! Ii:', 1.IOUr:: \~.': :_:
: ~',E, ,o.,t, I,
\" ,',; ;'1,
'"
........
the 22nd
day of
Sppr pmhP.r
A.D. lClq?
THE FIRST NATIONAL BANK OF DUBUQUE
\'. \ rl......
BY ,,'C,,\'I,.,b..',,~\;:::,l.,1\..&J.
llllDjh~\~DDE,:~I'~ p~,
Cy ~ <'-, ~~
DALE L, ITES, VICE PRESIDENT
State of Iowa )
)SS
county of Dubuque )
On this_22nd day of ~mber.
,
A. D.J992.......-, before me, the
undersigned, a Notary public of Iowa in and for Dubuque County, personally
appeared-.-J..UJOA I I'!UDOF
and
n;/'l,T,'R T. TT.E.S...- to roe personally known,
who, being by me duly swornr did say that they are vlCF PRE5~FNT
and
yi~p Prp!'::.;rlpnr
respectively of the First National Bank of Dubuquer
Iowa, a national banking association with place of business in Dubuque,
Iowa, and that the seal affixed to said instrument is the corporate seal
of said banking association, and that said instrument was signed and
I
sealed in behalf of said association by authority of its Board of
Directors, and the said......I..LtUU..l RunnF
as such VICF p.l~F~lnFNT
and
the said n.l\T.F. L. T'T'F.~
as such
vi~., Pl"'I"'c::ir1e.n.L..-acknowledged the
execution of said instrument to be the voluntary act and deed of said
association by it and each of them voluntarily executed.
.t;mU/ II. rJ)f,t't~>4-
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
WELLS FARGO BANK, N,A" SUCCESSOR
BY MERGER WITH WELLS FARGO
HOME MORTGAGE, INC, F/K/A
NORWEST MORTGAGE, INC"
Plaintiff,
vs,
DAVID], YOCKEY, PATTY A. YOCKEY,
CITY OF DUBUQUE, and PARTIES IN
POSSESSION,
Defendants.
) EQUITY NO,
)
)
)
)
) ATTORNEY'S FEE AFFIDAVIT
)
)
)
)
STATE OF IOWA )
) ss:
COUNTY OF POLK )
I, David M. Erickson, being first duly sworn on oath, hereby depose and state that I am a
member of the firm of Davis, Brown, Koehn, Shors & Roberts, P,C" the attorneys for the
Plaintiff in the above-entitled cause; that the Note and Mortgage sued upon herein are in my
possession as attorney for the Plaintiff; that I have read the foregoing Petition and am familiar
with the contents thereof, and the allegations contained therein are true as I verily believe,
I further depose and state that I am a regularly practicing attorney in the Courts of the
State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be
rendered by me as attorney for the Plaintiff in this action; that there has been no agreement,
express or implied between me and any other person or persons except other practicing attorneys
engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein,
/:'\
Ui2L{ 1)
David M. Erickson
--
! / {
Subscribed and sworn to before me this r~i' day of
\jh-'J (\, 1.1
". . "11--,.
/ ( J
1/ i;
). .' ,',
,_",_ , ,-" < < .,,,, -1 '
1, .'\,.\J ~"~ \'-':"-"1 \; l' \':':.r-rv,~I("
Notary Public,' Staie of Iowa
,2005.
, ,,~r'i;: ~ l'-~H;<~, r:~3.t. ~,"'. r.;;<.::'~..,~-\'~~-~:~1
': p,,:,~~ ~ C-omml;;$IOn f'lWr:l0B, ,',-',,~-.. '-1
. ,"'>""_ , r. . ~
o ";~~'",,. ~l.j c~mmi'~slcn".~~1'):" \
"1',..,/;:. _ "","._. '- - i .. \\~ (' _,_
~/ /
./
--y~c-;f .
(/, /'
7:-;:// //
, .
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
WELLS FARGO BANK, N.A., SUCCESSOR
BY MERGER WITH WELLS FARGO
HOME MORTGAGE, INC. F/KIA
NORWEST MORTGAGE, INC.,
Plaintiff,
vs,
DAVID J, YOCKEY, PATTY A. YOCKEY,
CITY OF DUBUQUE, and PARTIES IN
POSSESSION,
Defendants,
)
)
)
)
)
)
)
)
)
)
EQUITY NO'O/31/E4~ ~-[)9'yg-bO
C)
~
ORIGINAL NOTICE
I.,,-j
TO THE ABOVE-NAMED DEFENDANT: City of Dubuque
You are notified there was on the {f'\ day of J::;k .
, 2005 filed in the office of
the Clerk of the above-named Court, a Petition, copies of which are attached hereto,
The Plaintiffs attorney is David M, Erickson, whose address is The Financial Center,
666 Walnut Street, Suite 2500, Des Moines, Iowa 50309-3993, Phone: (515) 288-2500,
Facsimile: (515) 243-0654,
You must, within 20 days after service of this Original Notice upon you, serve, and
within a reasonable time thereafter, file a motion or answer, in the Iowa District Court for
Dubuque County, at the county courthouse in Dubuque, Iowa, If you do not, judgment by
default may be rendered against you for the relief demanded in the petition,