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Claim - Suit Federal Nat'l Mortgage Assn tC~ _Ivl fit! ;)/) / .'~ . cD", l,' L.{-}-c-/ K</.." "'I ~) L . I ,jJZ1.{.L,,::.{;; f:( (' .-.:-- IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY FEDERAL NATIONAL MORTGAGE ASSOCIATION 52-0883107: EQUITY NO. EQCV 095159 Plaintiff, : vs. AMENDED ORIGINAL NOTICE RAYMOND J. WALDBILLIG; CITY OF DUBUQUE, IOWA; EQUITY ONE, INC.; HOUSEHOLD FINANCE CORPORATION; HOUSEHOLD FINANCE INDUSTRIAL LOAN COMPANY OF IOWA; ,.-.... , I 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 number of (515) 222-9121. You must serve a motion or answer, within 20 days after service of this original notice upon you and within a reasonable time thereifter file, a motion or answer, in the Iowa District Court of Dubuque County, at the county courthouse in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (563) 589-4448. (If you are hearing impaired, Call Relay Iowa TTY at 1-800-735-2942). Clerk 0 Dubuque C unty Courthouse Dubuque, Iowa 520041220 YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY FEDERAL NATIONAL MORTGAGE ASSOCIATION 52-0883107: EQUITY NO. EQCV 095159 Plaintiff, : AMENDMENT TO PETITION vs. RAYMOND J. WALDBILLIG; CITY OF DUBUQUE, IOWA; EQUITY ONE, INC.; HOUSEHOLD FINANCE CORPORATION; HOUSEHOLD FINANCE INDUSTRIAL LOAN COMPANY OF IOWA; .../''''' ,/ -<,'Y '5~\ Defendants. : COMES NOW, the Plaintiff, and amends its Petition in the above captioned matter filed June 29, 2005, and for reason therefore states to the Court: 1. 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, however such right, title or interest is junior and inferior to the right, title and interest of the Plaintiff: . City of Dubuque, Iowa, $125.00 Judgment, dated June 9, 2005, filed June 9, 2005, CICV 054964 2 . That except as amended herein, Plaintiff's Petition filed June 29, 2005, is incorporated herein as though fully set forth. PETOSA, PETOSA & BOECKER, L.L.P. By /~~~ Theodore R. Boecker PK0000439 1350 NW 138th Street, Suite 100 Clive, Iowa 50325-8308 Telephone: (515) 222-9400 Facsimile: (515) 222-9121 <..J ATTORNEYS FOR PLAINTIFF IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY FEDERAL NATIONAL MORTGAGE ASSOCIATION 52-0883107: EQUITY NO. PETITION Plaintiff, : CASE 01311EQ cyo 9.5159 vs. RAYMOND J. WALDBILLIG; EQUITY ONE, INC.; HOUSEHOLD FINANCE CORPORATION; HOUSEHO~D FINANCE INDUSTRIAL LOAN COMPANY OF IOWA; Defendants. : c C c.T"' (..-- - o C 1'\ C' ~;~; ~~ -- -~.:J G- NOTICE ..<".:.~ ( f',) __J 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 YOG-FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. i 1 Plaintiff, Federal National Mortgage Association, 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 October 18, 1999, Raymond J. Waldbillig, a single per son, (the "Mortgagor (s) ") made, executed and delivered to Equity One, Inc., a promissory note in writing for the sum of $88,000.00 payable in installments, with interest at 8.49% per annum from such date (the "Note"). A copy of the Note is attached hereto and made a part hereof as Exhibi t "A". 3. That on or about October 18, 1999 in order to secure the payment of the Note, the Mortgagor(s) made, executed and delivered to Equity One, Inc., a real estate mortgage (the "Mortgage") on the following described real estate (the "Mortgaged Property") : Lot 1 of Lot 2 of Lot 1 of Mineral Lot 257, and an undivided interest in Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 257; in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements of record. the Mortgage was filed for record October 22, 1999, in 16418-99 in the Recorder's Office of Dubuque County, Iowa. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". Said mortgage is a Purchase Money Mortgage. 2 4. That the Mortgaged Property is and at all times relevant hereto was the homestead of the Mortgagor(s). 5. That the Plaintiff is currently the holder of record of the Note and Mortgage. 6. That the Plaintiff is the sole and absolute owner of the Mortgage; that the Note and Mortgage provide that if default 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 $98,224.16 with interest at 8.49% per annum from and including January 1, 2005. 7. That the Plaintiff has given the Mortgagor(s) notice of the right to cure said default and to date has received no response thereto. 8. That the time to cure the default under Iowa law has now expired. 9. That said Note and Mortgage provide that if suit be commenced thereon, Mortgagor(s) will pay reasonable attorneys' fees. An attorneys' fee affidavit is attached hereto and made a part hereof as Exhibit "C". 1 O. That the Plaintiff now hefreby in wri ting waives any right or claim to a deficiency judgment against the 3 Mortgagor(s). That the Mortgaged Property is the residence of the Mortgagor(s) and is a one-family or two-family dwelling. The Plaintiff hereby elects to foreclose without redemption and the sale of the Mortgaged 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. 11. 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: · Equity One, Inc., $22,000.00 Mortgage, dated October 18, 1999, filed October 22, 1999, 16419-1999 · Household Finance Industrial Loan Company of Iowa, $24,998.42 Mortgage, dated November 30, 2000, filed December 4, 2000, 14036-2000 · Household Finance Corporation, $30,096.91 Judgment, dated November 12, 2002, filed November 12, 2002, LACV053082, plus interest and costs · Equity One, Inc., Foreclosure of Mortgage, dated April 1, 2005, filed April 1, 2005, 01311EQeV094966 12. That the Mortgage provides that any time after the proper commencement of an actlon 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 4 take immediate possession of the Mortgaged Property and of the rents and profits accruing therefrom, to rent the same as he may deem best for the interest of all parties concerned and shall be liable to account to the Mortgagor(s) only for the 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 PLAINTIFF 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 prior lien upon the Mortgaged Property from the date of the Mortgage, and that all rights, i~ierests and equities of all 5 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 the Mortgaged Property to satisfy said judgment, interest, attorney fees and costs. 6. That special execution lssue 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 premises sold, or his grantee, iIT'possession thereof, and to remove any Defendants, or persons claiming by, through or under 6 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. f ATTORNEYS FOR PLAINTIFF 7 -.! III \1 11111 III 11 1111 III 169009 1000506272 ;tg OCTOBER 18, 1999 . . ,~ I NOTE WEST DES MOINES, IOWA [Cityl [SUlle] 2983 PENNSYLVANIA AVENUE, DUBUQUE, IOWA 52001 [Properry Address} 1. BORROWER'S PROMISE TO PAY In rerum for a loan that I have received. I promise to pay U.S. $ "principal"). plus interest. to the order of the Lender. The Lender is CORPORATION I understand that the Lender may transier this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 8 8 , 0 0 0 . 0 0 (this amount is called EQUITY ONE, INC., A DELAWARE 2. Th"TEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay interest at a yearly rate oi 8.490 %. The interest rate required by this Section 2 is the rate I will pay both beiore and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I wUl make my monthly payments on the 22nd day of each month beginning on NOVEMBER, 1999 I wi II make these payments every month until r have paid all of the principal and interest and any ower charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. on OCTOBER 22, 2029 ..1 still owe amounts under this Note. I will pay those amounts in full on that date, which is called the "Maturity Date." . Iwillmakemymonwlypaymentsat 4949 PLEASANT STREET, #205, WEST DES MOINES f IA 50266 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U ,So $ 676 . 02 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before wey are due. A payment of principal only is known as a "prepaymeoc". When I make a prepayment, I will tell we Note Holder in writing that I am doing s'o. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under wis Note. If I make a partial prepayment. were wilI be no changes io the due date or in the amount of my monthly payment unless the Note Hoider agrees in writing to those changes. 5. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so wat the interest or ower loan charges collected or to be collected in connection with wis loan exceed the pennitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted li..ruts will be refunded ro me. The Note Holder may choose to make this refund by reducing the princip'aJ I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is que. I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due. I will be in default. (C) Notice of Default If I am in default. the Note Holder may send me a wrinen notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after we date on which we notice is delivered or mailed ro me. (D) No Waiver By Note Holder Even' if. at a time when I am in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still bave we right to do so ii I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses !f the Note Holder has required me to pay immediately in full as described above, l.lte Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include. for example. reasonable attorneys' iees. 7. GIVING OF NOTICES Unless applicable law requires a different me by delivering it or by mailing it by first class the Note Holder a notice of my different addr EXHIBIT i a'ven to me under this Note will be given bove or at a different address if I give =;;;:ATE FIXE~ ~~6"~riitre Family 'tl-A- :8 :I Form 3200 12183 Amended !19l \~ . \_~ . Any notice that must be given to the Note Holder under t.1is Note will be given by ma[ling it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note. each person is fully and personally obligated co 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. lois means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any otber person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presenunent" means the right to require the Note Holder to demand payment of amountS due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amOUnts dne nave not been paid. 10. UNIFORJ'YI SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition (0 the protections given to the Note Holder under this Note. a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions r may be required to make immediate payment in full of all amountS I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower.: If all or any part of (he Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of an sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the d:tte of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of tbis period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledged rer..eipt of pages 1 and 2 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~A~<~ RA_ J LDBILLIG (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Sign Original Only) MULTlSTATE FIXED RATE NOTE. Sinllle Family - FNMAIFHLMC UNIFOR1\.f INSTRUMENT "",90153-)/98 4 9 2 3 6 . 116 1.1 P,." ," Form 3200 12183 Amt"GdtdSt91 l,/I~ .' ~ 1 r:)'~,.\ rLT",- .. ~JJJ:"[n0 ~. \1:6418-99 ~:};30CT22 PM ~:03 -$1/(j.) Prepared by: Pat Bruns @ Equity One, Inc. 4949 Pleasant Street, #205 West Des Moines, IA 50266 Tel: (515) 223-2322 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on OCTOBER 18, 1999 . The mortgagor is R~YMOND J WALDBILLIG, A SINGLE MAN, AS HIS SOLE AND SEPARAT8 PROPERTY ("Borrower"). This Security Instrument is given to EQUITY ONE, INC., A DELAWARE CORPORATION which is organized and existing under the' laws of DELAWARE , and whose address is 4949 PLEl-\SANT STREET, H205, WEST DES MOINES, IA 50266 ("Lender"). Borrower owes Lender the principal sum of EIGHTY - EI GHT THOUSJl.ND AND NO /100 -- Dollars (U .S. $ 88, 000 . 00 ). This dcbt is evidenced by Borrowcr'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 OCTOBER 22, 2029 This Security lnstrument 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 performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hercby mortgage, grant and convey to Lender the following described property located in DUBUQUE County, Iowa: LOT 1 OF LOT 2 OF LOT 1 OF MINERAL LOT 257: ~~ MJu~IVIDED INTEREST IN LOT 1 OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF MINE~~L LOT 257: IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT TH~REOF, SUBJECT TO EASEMENTS OF RECORD. which has the address of 2983 PENNSYL VANIA AVENUE, DUBUQUE (Street) (City) Iowa 52001 (Zip Code) ("Property Address"); 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." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the ri!,hl to mortgage, grant and convey the Pro[Jerty and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally tbe title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURlTY INSTRU1\'IENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering,real pro[Jerty. UNIFORM COVEN,'\NTS. Borrower and Lender covenant and agree as r5llows: 1. Payment of Principal aod Interest; orrower shall promptly pay wben due the principal of and interest on the dcbt evidence EXHIBIT ll1d late charges due under the Note. 2. Funds for Taxes and Insurnnce. S ten waiver by Lender. Borrower shall pay to Lcnder on the day monthly paymcnts are i.-a. paid in full, a sum ("Funds") for: (a) ycarly: taxes and assessmcnts which may attain p .. -0- as a lien on the Property; (b) yeaEly leasehold payments or groullll rents on the Prop perty insuranc;;..l?.:emi.ums; (d) yearly flood (r, , . '."" I \ r\\ \-i insurance premiums, if any; (e) yearly mortgage insurance prermums, if any; and (f) any sums payable by Borrower to Lender, in accordance with [he provisions of paragraph 8, in lieu of the paymem of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any lime, collect and hold Funds in an amoum not to exceed the ma,imum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Senlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless anmher law that applies to the Funds sets a lesser amount. If so, Lender may, at any lime, conect and hold Funds in an amoum not to exceed the lesser amount. Lender may estimate the arnoum or Funds due on the basis of current data and reasonable estimates of expendirures or fulUre Escrow Items or olherwise in accordance with applicable law. The Funds shan be held in an institUtion whose deposits are insured by a rederal agency, instrumentality, or entity (includiIlg Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unl~ss Lender pays Borrower interest on the Funds and applicable law permits Lender to make Such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless arl agreement is made or applicable law requires imerest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual aceounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts pewjtted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is nOl sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up ll1e deficiency in no more than twelve monthly payments, at Lender's sole discrelion, Upon payment in fun of all sums secured by this Security Instrumem, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shaIl be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to imerest due; fourth, to principal due; and last, to any late eharges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines and impositions attributable to the Propeny which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shaIl pay these obligations in the manner provided in paragraph 2, or if not paid in that maImer, Borrower shall pay them on time directly to the person owed payment. Borrower shall prompHy furnish to Lender all notices or amounts to be paid under this paragraph. If Borrower makes these payments direcLly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security InstrUment unless Borrower: (a) agrees in writing to the payment or 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 or lhe 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 Propeny is subject to a lien, which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisry lhe lien or take one or more of the actions set rorth above within 10 days of the giving of notice, 5, Hazard or Property Insurance. Borrower shaIl keep the improvements now existing or hereafter ereeted on the Property insured against loss by fire, hazards included within the term "extended eoverage" and any other hazards, induding floods or flooding, ror which Lender requires insurance. This insurance shall be maintained in the a.rnoums and for the periods that Lender requires. Tue insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld, If Borrower fails to maintain coverage described above, Lender may, at Lender's oplion, obtain eoverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shaIl promptly give to Lender all receipts of pald premiums and renewal nOllces, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender aIld Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically reasibIe or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Securi,ty Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone lhe due date or lhe monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shaIl pass to Lender to the extent of the sums secured by this Security Instrument inunediately prior to the acquisition. 6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy. establish, and use the Property as Borrower's principal resid.ence within sixty days after the execution of this Security Instrument and shall continue to occupy the Propeny as Borrowe/s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's controL Borrower shall not destroy, damage or IOWA, Single Family, FNMAlFHLMC UNIFORM INSTRUMENT lCC-H?42:734.PCL-IOt% hg~ ~ at 5 Form 3016 9-90 Q\('~ y::c, impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borro;Ner shall be in default if any forfeiture action or proceeding, whether civil or criIT'jnal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Iustrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. 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 lnstrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security lnstrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), Ll].en Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security L'1strument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Uuless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the preITljums required [Q maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent [Q the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. 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 lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secuzed by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the alllount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the alllount of the proceeds multiplied by the following fraction: (a) the tOtal amount Qf the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately betore..the taking. Any balance shall be paid to Borrower. In the event of a partial taking .of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security lnstrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, wheLl].er not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paymem or modification of amortization of the sums secured by tllis 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 successors 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 anlortization of the sums secured by this Security lnstrument by reason of any demand made by the original Borrower or Borrower's successors in imerest. 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. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security lnstrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. 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; i(b) is not personally obligated to pay the sums secured by this Security lnstrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accomm.odations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. IOWA - Single Family. FNMAlFHLMC UNIFORM INSTRUMENT JCC.HP422735.PCL.lO/96 ?a~e 3 of .s 1\ 1 ' '\ V: \.. 'v" ~l Form 3016 9.90 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law ,which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or'to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pewitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits wiE be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notioes, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing 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. .A...'1y notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. 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 Securiry 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, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in fJll of all sums secured by this Securiry Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Jess than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender ail sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but nO[ limited to, reasonable attorneys' fees: and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower. this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. 'The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or mOTe times without prior notice to Borrower, A sale may result in a change in the entity (known as the " Loan Servicer") that collects monthly payments due under the ;--.rote and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the NOte. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The norice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law, 20, Hazardous Substanoes. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on.er in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting ,he 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 use and to maintenance of the Property. Borrower shall promptly give Lender written 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 Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flarrul1able or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "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 a..'1d agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to a=leration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provtd~ otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured orfor before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this par:le"Taph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence, IOWA, Single Family' FNMA/FHI..'-'IC UNIFORM INSTRUMENT ICC-HP422i36.PCL-1O/96 pa.ge 4 of 5 " (1'./~, \ 'J \' .v \:--.. \\ ~-' 'I Form 3016 9-90 22. Release. Upon payment of all sums secured by this Security Instrument, Lender ,shall release this Security Instrument without charge to Borrower. ' 23. Waivers, Borrower relinquishes all right of power and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 24. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgement against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a defIciency judgement against Borrower, the period of redemptions from judicial sale shall be reduced to 60 days. The provisions of this paragraph 24 shall be construed to conforrn to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider o Other(s) [specify] o Condominium Rider o Planned Unit Development Rider o Rate Improvement Rider IXI 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider [TIllS SPACE INTENTIONALLY LEFT BLANK] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ISeal) Borrower ISeal) Borrower Social Security Social Security (Seal) Borrower ISeal) Borrower Social Security Social Security (Seal) Borrower (Seal) Borrower Social Security Social Security [Space Below This Line For Acknowledgement] IOWA - Single Family - FNMAlFID.-MC UNIFORM INSTRUMENT ICC.HP422737.10/% Pagt: j of 5 FOnD 3016 9-90 STATE OF IOWA County ss: On this 18 t. hday of OCTOBER, 1999 Stat of Iowa, personally appeared RAYMOND J WALDBILLIG , , before me, a Notary Public in the a single person, to me personally known to be the person(s) named in and who executed the foregoing lL"1strument, and acknowledged that they executed the same as their voluntary act and deed, {2..-'"1 /ei 6 y'" 11 :r. ~ -I \ Cl..-C::VJ.-I /'lC,/_,(j_/~ , I ~ Notary Public in the ,,~l f low ,,~, ~ :-5' -;? i KATHY A.. 8; :::.7'2....S ;~. !-r MYC()~lM,SSI}l,,~,~ :-:-: l ~ /!rt.'"7!(!C (Space Below This Line Reserved For r;;:;de,. and Recorder) My Commission expires: i NOT ARYIA.HP4-10/% Form 3016 9-50 WHEN RECORDED MAIL TO: EQUITY ONE, INC. 4949 ?LEAS.~~ STREET, #205 WEST DES MOINES, IA 50266 [Space Above ThIs Lwe For Recording Data] 1-4 FA..r.1VIILY RIDER (Assignment of Rents) TIDS 1-4 FAl\rIIL Y RIDER is made this 18 th day of OCTOBER, 1999 , and is incorporated into and shall be deemed 10 amend and supplemenr the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to EQUITY ONE, INC., A DELAWARE CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 2983 PENNSYLVANIA AVENUE DUBUQUE, IOWA 52001 [Propercy Address) 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awniIlgs, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached tIoor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and Security Instrument as the "Property". B. USE OF PROPERTY;' COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable t'o the Property. C. StffiORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property with.out Lender's prior written permission. D. RENT LOSS INS'lJRANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. "BORROWER'S'RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY, The first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon default by the Borrower, Lender shall become the assignee of all leases of the Property and all security deposits made in connection with leases of the Property. Upon default, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOThl).,ffiNT OF RECEIVER; LEl'iDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only. to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied tirst to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to tbe sums secured by the Security Instrument; (v) Lt;nder, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived trom the Property withour any showing as to the inadequacy of the Property as security. MULTISTATE RIDER - 1.4 Family - FNMA/FHLMC MODIFIED INSTRUMENT ICC30822.EQY-\i98 ~g(' 1 01'2 Form 3170 (9/90) ,-.... V-(.~. jj.... _\.( j~ I If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property a11d of collecting the Rents any funds expended by Lender for such purposes shall become indebteclness of Borrower to Lender secured by'the Security l11S1rument pursuant to Uniform Covenant 7. Borrower represents and warrants that Borrower has nO! executed any prior assignment of the Rents and has not and will not'perform any act that would prevent Lender from exercising ilS rights under this paragraph. Lender, or tender's agents or a judicially appointed receiver, shall not be required to enter upon, take controi of . ,or maintaiti-the Propr;:rty before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. 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 all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security InstrUment and Lender may invoke any of the remedies permitted by Security Instrument. Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower MULTISTATE RIDER. 1.4 Family, FNMA/FHLMC MODIFIED INSTRUMENT lCC30823.EQy.jJ9S Page: 2. on Form 3 t 70 (9/90) AFFIDAVIT STATE OF IOWA SS COUNTY OF POLK I, Benjamin W. Hopkins, being first duly sworn on oath depose and state that I am one of the attorneys for the Plaintiff in 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 statements and allegations therein are as I verily believe. PK0015400 Subscribed and sworn to 2005 . ,-,^' _ PATRiCIA S. WOLF ,,-' A, "..;. c~~""';-"'~ ", ,.,.,,,~. '73"803 " (;'O) " _....,.._~'v:ll.1U,";..;"" { -' .<.\!~/ ;,;y C~;'~T:;~C;~ ~C~ ()c'-Viv_t ,'~(~~ A C,--' {.J../ Notary Public in and f6r the State of Iowa Exhibit :'C" i