Loading...
Claim Washington Mutual Bk " . ~ C17 IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY Defendant( s). ~ EQUITY NO. EQcuOCfcf93cf ) ) ) ) ) ) ) ) ) ) ORIGINAL NOTICE WASHINGTON MUTUAL BANK, F.A., Plaintiff v. JAMES P. MENSEN; NICOLE E. MENSEN; CITY OF DUBUQUE, IOWA; ANN MARIE WILGENBUSCH; ; 1 , ORIGINAL NOTICE c., TO THE ABOVE-NAMED DEFENDANTS: You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant( s) in this action. A copy of the petition, and any documents filed with it, is attached to this notice. The name and address of the Plaintiffs attorney is James V. Sarcone, Jr., Belin law Firm, 666 Walnut Street Suite 2000, Des Moines, Iowa 50309-3989. The attorney's phone number is 515-283- 4624; facsimile number 515-283-4653. You must serve a motion or answer within twenty (20) days after service of the Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of 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. 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 319-398-3920 ext. 200. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) CLERK OF THE ABOVE COURT /~ IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY Plaintiff ) ) EQUITY NO. ) ) ) ) ) ) ) ) ) ) " WASHINGTON MUTUAL BANK, F.A., v. PETITION (FOR MORTGAGJ; FORECLOSURE AND RECEIyER) JAMES P. MENSEN; NICOLE E. MENSEN; CITY OF DUBUQUE, lOW A; ANN MARIE WILGENBUSCH; - /" Defendant(s). - -... .' ~:7:'. ~ Y~",:., COMES NOW the Plaintiff and for cause of action against the Defendants, the Plaintiff states: 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 TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-F AMIL Y 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-F AMIL Y OR TWO-F AMIL Y 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. 1. That Plaintiff is a foreign corporation; Defendants James P. Mensen, Nicole E. Mensen and Ann Marie Wilgenbusch are natural persons last known to reside in Dubuque County, Iowa; Defendant City of Dubuque, Iowa is a political subdivision of the State of Iowa. 2. That on or about the 31st day of July, 2002, the Defendants, James P. Mensen and Nicole E. Mensen made, executed and delivered to Plaintiff one certain Promissory Note in writing bearing the date aforesaid in the principal sum of $52,333.00 bearing interest at the rate of 7.25 percent per annum after maturity, and Exhibit "A" hereto attached and by this reference incorporated herein and made a part hereof is a true and correct copy of said Promissory Note. 3. That at the time of the execution of said Promissory Note, Exhibit "A" aforesaid, and as a part of the same transaction for the purpose of securing said Note with interest thereon and other sums hereinafter mentioned, the said Defendants, James P. Mensen and Nicole E. Mensen made, executed and delivered to Plaintiff one certain Mortgage in writing, transferring and conveying unto Plaintiff the following real estate situated in Dubuque County, Iowa, to-wit: Lot I of Lot 1 of Lot I of Lot 16 of the Subdivision of Mineral Lot 79, in the City of Dubuque, Iowa, according to the recorded Plat thereof. and Exhibit "B" hereto attached and by this reference incorporated herein and made a part hereof, is a true and correct copy of said Mortgage. 4. That on July 31, 2002, the said Mortgage was duly recorded in Instr. # 13629-02, of the records of the office of the Recorder of Dubuque County, Iowa. 5. That said Mortgage, Exhibit "B" aforesaid, among other things expressly provides for the appointment of a Receiver upon the filing of Petition for Foreclosure or at any time thereafter. 6. That the said Defendants, James P. Mensen and Nicole E. Mensen, have defaulted in the monthly payment of interest and principal and have neglected and failed to pay the installments as provided in the written instrument aforesaid and are now in default of the said payments for several months last past, and the Plaintiff does now elect to and hereby does declare the whole of said Note and Mortgage due and payable forthwith. 7. That the balance due on said Note and Mortgage as of February 11, 2005, is $59,684.17, including principal and interest and advancements, after allowing due credit to the Defendants for all payments made. -2- 8. That in the preparation of this Petition and cause of action for presentation to the Court, it was necessary for Plaintiff to employ an attorney to represent and serve it herein, and for this purpose Plaintiff has retained and employed Belin Lamson McCormick Zumbach Flynn, A Professional Corporation, Attorneys at Law of this Court. 9. That the Plaintiff is willing and now offers, upon payment of the amount due it as heretofore set forth, to cancel the Note declared on, discharge of record the Mortgage securing the same, and to do all things that equity and good conscience may require of it. 10. That the Plaintiff has been made to incur the expense in the sum of $205.00 for continuing the abstract of title to the mortgaged premises, which is the reasonable charge for same. 11. That the Defendants herein have or claim to have some lien upon or interest in the mortgaged premises, but the Plaintiff avers that whatever lien or interest they or any of them may have thereon or herein, the same is junior and inferior to the lien of Plaintiffs Mortgage, Exhibit "B" and the amounts hereinbefore set out. 12. That Plaintiff waives its rights to a deficiency judgment in this matter. 13. That a Notice of Right to Cure Default was mailed to the Defendants, James P. Mensen and Nicole E. Mensen, more than 30 days prior to the filing of this foreclosure action/Petition and the defaults set out therein have not been cured. 14. City of Dubuque, Iowa is included as a Defendant herein because of a judgment rendered in its favor against James Patrick Mensen with fines and costs in the amount of $104.50 on September 4, 2003, in DUSTWE739469 of the Dubuque County, Iowa records. 15. Ann Marie Wilgenbusch is included as a Defendant herein because of a judgment against James Patrick Mensen for child support entered in EQCB89612 ofthe Dubuque County, Iowa records. WHEREFORE, Plaintiff prays: FIRST: That a Receiver be appointed by the Court to take immediate posseSSIOn of the mortgaged premises hereinbefore described, with power and authority and the duty to keep, repair, maintain and insure the premises, buildings and other improvements thereon; to lease the same and collect -3- the rents, issues and profits arising which may be had therefrom, and to retain and dispose of said rents and profits as said Mortgage provides and as the Court may hereafter determine and direct. SECOND: (a) That the Plaintiff have judgment in rem, against the mortgaged premises in the sum of $59,684.17 with interest at 7.25 percent from February 11,2005, and have such additional sum of sums as may hereafter be advanced for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law. (b) For reasonable attorney's fees upon the Note, interest and other sums advanced by the Plaintiff as set out above, and for the costs of this action. THIRD: That said judgment be declared to be a lien upon the mortgaged premises involved herein from and after the date of execution of said Mortgage, Exhibit "B", to-wit, July 31, 2002, and upon the rents, issues and profits arising and which may be had therefrom from and after the date of filing of this Petition, and that said lien be declared to be prior and paramount to the lien and interest of the Defendants upon and in the said property. FOURTH: That Plaintiffs Mortgage aforesaid, Exhibit "B", be foreclosed, and that a special execution issue for the sale for the mortgaged premises, or so much thereof as may be necessary to satisfy the said judgment with interest and costs. FIFTH: That in the event the property aforesaid does not sell for sufficient to satisfy the judgment herein, the net proceeds from the rents, issues and profits which may be had therefrom, from and after this date, be applied upon said judgment until the same is fully satisfied. SIXTH: That after the Sheriffs sale of the above described premises pursuant to a special execution issued herein, a Writ of Possession issue herein under seal of this Court directed to the Sheriff of Dubuque County, Iowa, commanding him to put the Grantee under Sheriffs Deed in possession of the premises deeded to him, 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 of said premises. SEVENTH: That Plaintiff have such other and further relief as the Court may find it to be entitled to in equity. -4- d: \ wamu- flo \mensen \petset. doc BELIN LAMSON McCORMICK ZUMBACH FLYNN A Professional Corporation BY ~ )o-v4 ~2 J~ES V. SARCONE, JR. 6 0 Walnut Street SUIte 2000 Des Moines, IA 50309-3989 Telephone: 515-243-7100 PK 0004845 -5- Loan Number 5015119 FHA Case No. NOTE ]6].1980]08703 JULY 31, 2002 [Date] ]035 WEST 5TH, DUBUQUE, IOWA 52001 [ Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WASHINGTON MUTUAL BANK, FA and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of FIFTY-TWO THOUSAND THREE HUNDRED THIRTY-THREE AND OO/lOOths Dollars (U.S.$52,333.00), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVEN AND ONE-QUARTER percent (7.250%) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Inslrument protects Ihe Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on SEPTEMBER I, 2002. Any principal and interest remaining on the first day of AUGUST, 2032, will be due on that date, which is called the maturity date. (B) Place Paymenl shall be made at P.O. BOX 7198, PASADENA, CALIFORNIA 9] 109-7198 or at such place as Lender may designate in writing by notice 10 Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $357.01. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (0) AUonge to this note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with Ihis Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.} o Graduated Payment Allonge DGrowing Equity Allonge 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, withoul charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. o Other [Specify] 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise Ihis option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. GMD 0040 (1095) Page I of 2 FHA Multistate Fixed Rate Note (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note 10 the extent not prohibited by applicable law. Such fees and Costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right 10 require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of thai different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in Ihis Note. R; S P. MENSEN / v1.~ -~1 -,/ ~;:?Jf::I/&:Je{ I G t.tXYU'. //:;. '/7 NiCOLE E. MENSEN J1(l - ./Ut1.~ (Seal) -Borrow~r (Seal) - Borrower (Seal) -Borrower PAY TO THE OlIDER OF' WITHOUT aECOURSE WASHINGTON MUTUAL BANK ~d~ BRENDA F. BRENDLE VICE PRESIDENT GMD 0040 (1095) Page 2 of 2 FHA Multislate Fixed Rate Note *~'\ '\~~v ~~'ll~O When Recorded Mail To: Washington Mutual Bank, Fa 7301 Baymeadows Way Jacksonville, Florida 32256 Loan Number 5015119 b'D \61\ ~ J~Jl 'ff - ~ \ 113629~02 200Z JUL 31 PH 3: 23 KA.THY fLYNK THURLOW COUHTYRECOROER DUBUQUE CO.. IOWA FEES ~31.00 [Space Above This Line For Recording Dalal Washington Mutual Bank, Fa, 7301 Baymeadows Way, Jacksonville, Florida 32256 (904) 281-3901 Dee Voyta Prepared By: '~HA Case No. MORTGAGE 1161-1980108703 * Husband and Wife ~ THIS MORTGAGE ("Security Instrument") is given on JULY 31,2002. The mortgagor is JAMES P. MENSEN and NICOLE E. MENSEN,* JOINT TENANCY ("Borrower"). This Security Instrument is given to WASHINGTON MUTUAL BANK, FA, which is organized and existing under the laws of THE UNITED STATES, and whose address is 7301 BAYMEADOWS WAY, JACKSONVILLE, FLORIDA 32256 ("Lender"). Borrower owes Lender the principal sum of FIFTY-TWO THOUSAND THREE HUNDRED THIRTY-THREE AND OOIlOOths Dollars (U.S.$52,333.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on AUGUST I, 2032. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreemenls under this Security Instrumenl and- the Note. For this pUfllose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in DUBUQUE County, Iowa: 'f. RUNNIN GH TO MEEKER STREET AND BEING OF E ON MEEKER STREET. ALSO THE SOUfHEA - OURTH OF SAID L ING 25 FEET ON FRANKLIN STREET AND RUNNING BACK 0 TOWARDS MEEKER STREET 1081/2 FEET ON THE,WEST SIDE OF A RIVE , ATED IN THE CITY OF GALENA, JJ7J1 JO DA VlESS COUfNY OIS, TOGETHER WITH A VIDED 1/2 INTEREST IN A 'I II II PART OF LO THE NORTHEASTERLY SIDE OF FRANKL ET IN THE CITY ~ GALE , 0 DA VIESS COUNTY, ILLINOIS, BEING A STRIP OF LAND 4 IJ) i, II' . J 58. Lot 1 of Lot 1 of Lot 1 of Lot 16 of the Subdivision of Mineral Lot 79, in the City of Dubuque, Iowa, according to the Plat thereof. which has the address of 1035 WEST 5TH Iowa 52001 IStree'l ("Property Address"); , DUBUQUE ICity) (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " GMD 0160 (496) Page I of6 FHA Iowa Mortgage r. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, "rai'lt and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower 1rrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURrry INSTRUMENT combines unifonn covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under Paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount 10 be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds. " Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.c. ~ 2601 ~~. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b). and (c). 3. Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies. including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to. Lender. GMD OHiO (496) Page 2 of 6 FlIA Iowa Mortgage In the event of loss. Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company conccrned is hereby authorized and directed to make payment for such .oss directly to Lender, instead of to Borrowcr and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts apRlied in the order in Paragraph 3. and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Presen-ation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy. establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the ProperlY is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. GMD 0160 (496) Page 3 of6 FHA Iowa Mortgage (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a 'period of thirty days, to perform any other obligations contained in this Security Instrumen!. (b) Sale Without Credit Approval. Lender shall, if permined by applicable law (including section 34](d) of the Garn-SI Germain Depository Institutions Act of ]982,12 USe. 170Ij-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary willlimil Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permined by regulations of the Secretary. ]0. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary anorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrumen!. II. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ]2. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. GMD 0160 (496) Page 4 of 6 FHA Iowa Mortgage 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by maijing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall ~e deemed to have been given to Borrower or Lender when given as provided in this paragraph. ]4. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. ]5. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrumenl. ]6. Hazardous Substances. Borrower shall DOt cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecling the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender wrinen notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of ReDts. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. ]8. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding or by non-judicial power of sale in accordance with applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 USe. 3751 ~ ~.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of aDY rights otherwise available to a Lender under this Paragraph 18 or applicable law. GMD 0160 (496) Page 5 of6 FHA Iowa Mortgage ]9. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Inslrument withoul charge to Borrower. 20. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption ~s to the Property. 21. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right 10 a &ficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the cilQit .finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency juogment a"gains(B&irower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this p.aragraph tI: sh~II~'onstrued to conform to the provisions of Sections 628.26 and 628.27 of Ihe Code of Iowa. ". . o"'-.r-w .' ',: 2t. Ri~ers ,~~s Security Instrument. If one or more riders are executed by Borrower and recorded together with ~is Securily hy;,@ment, the covenants and agreements of each such rider shall be incorporated into and shall amend and -ihpPJemeI1l:.the~. ~V.;~J1. ants and agreements of this Security Instrument as if the rider(s) were a part of this Security ,JIstrument..'1 ~ - .;. [Check apP'iicabli: bOx(es)] q.Condominium Rider D Planned Unit Development Rider D Growing Equity Rider D Graduated Paymenl Rider D Adjustable Rate Rider DOther [Specify] BY SIGNING BELOW, Borrower accepts and agrees 10 the terms and covenants cOnlained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~c;,:/~ S P. MENSEN ~ (' t/;k04Wl NtCOLE E. MENSEN (Seal) - 8orrow~r (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF IOWA, DEBUQUE County ss: ill, L'7hZ- On this J /'" day of 7'- I y , before me, a Notary Public in the State of Iowa, personally appeared JAMES P. MENSEN and NICOLE E. MENSEN, JOINT TENANCY, to me personally known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. My Commission Expires: 2/t /0 ~ f.ij~ BRADLEY R. BRISSEY ~ Commission Number 220706 . . My Comm. '0 Expires ow. 2- I b<; GMD 0160 (496) Page6of6 FHA Iowa Mortgage . U G < . <