Claim Nationalwide Mortgage vs Housing Services etc.
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THE IOWA STATE BAR ASSOCIATION I Da 'd R Elkin ISBA # 8930 (bk)
Official Form No. 301 VI .
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. THE IOWA DISTRICT COURT pl/~
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T 0" DUBUQUE
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Nationwide Advantage Mortgage Company \
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EQUITY IXI No. D/311 6QC VO 9t./ g-
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Plaintiff(s), I DATE PETITION FILED: 9/.;.2'/0"'
VS, (
Benjamin C Kerns and Elena A. Kerns, husband and
wife, City of Dubuque Housing Services Department Lead
Paint Hazard Reduction Program and Dubuque Bank & ORIGINAL NOTICE
Trust Defendant(s).
/
,
TO THE ABOVE-NAMED DEFENDANT(S):
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.
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The namets] and address(es1 of the attorney(s} for the plaintiff(s) (is) (-are) -+~. .--,
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David R. Elkin, 315 East Fifth Street, Suite Five, Des Moines, Iowa 50309-1916 , "
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The attorney'sfs'j phone number(s} (is) (are) 5 I 5-244-3 I 88 .-- .. . ,,-"-'1
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facsimile number(~) 515-244-3189 (Li C'-i
You must serve a motion or answer within 20 days after service of this original notice upon you, and
within a reasonable time thereafter, file 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 (563) 589-4433
(If you are hearing impaired, call Relay Iowa TTY at 1-800-735-294~ .9d.~
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(SEAL)
CLERK OF COURT /
Dubuque County Courthouse
Dubuque , Iowa 52001
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS
Cl The Iowa State Bar AsllOCiation 2003 301 ORIGINAl NOTICE FOR PERSONAL SERVICE
10WAIl0CS . Revised January, 1999
.
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
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EQUITY NO. <(.~'<::" ,-
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Nationwide Advantage Mortgage Company
Plaintiff
vs.
Benjamin C. Kerns and
Elena A. Kerns, husband and wife
City of Dubuque Housing Services Department
Lead Paint Hazard Reduction Program and
Dubuque Bank & Trust
PETITION FOR FORECLOSURE
OF REAL ESTATE MORTGAGE
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Defendants
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NOTICE
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THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTIO~\ TillS
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 TWELVEMONTHS (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-FAMILY OR TWO-FAMILY
DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE
MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT
NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF
REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE
ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY, YOU
MAY PURCHASE AT THE SALE.
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COMES now the Plaintiff and for cause of action against the above-named
Defendants, states:
I. Plaintiff is a corporation with its principal place of business in West Des
Moines, Iowa.
2. Defendants Benjamin C. Kerns and Elena A. Kerns are individual
residents of Dubuque County, Iowa. Defendant City of Dubuque Housing Services Department
Lead Paid Hazard Reduction Program is a political subdivision. Defendant Dubuque Bank &
Trust is a financial institution
3. On or about December 13,2004, Defendant Benjamin C. Kerns executed
in writing and delivered to Dubuque Bank and Trust Company one certain promissory note in the
sum of 56,260.00. A copy of said note, marked Exhibit "A" is attached hereto and by this
reference incorporated herein and made a part hereof.
4. To secure payment of said promissory note, Defendants Benjamin C.
Kerns and Elena A. Kerns executed and delivered to Dubuque Bank and Trust Company one
certain real estate mortgage covering the following described real estate and premises in
Dubuque County, Iowa, to-wit:
The Westerly Y2 of the North v.. of Lot 16 "P", and the Westerly Y, of the Southerly Y, of
Lot 18, in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof
and locally known as 2286 Central Ave., Dubuque, Iowa. A copy of said mortgage, marked
Exhibit "B" is attached hereto and by this reference incorporated herein and made a part hereof.
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Said mortgage was filed for record in the office of the Recorder of Dubuque County, Iowa
December 14, 2004 as Document No. 2004-00021744 of the mortgage records in said office.
5. On December 13, 2004, Dubuque Bank: and Trust Company assigned the
Note and Mortgage to Nationwide Advantage Mortgage Company. The assignment was filed
December 14, 2004 as Document No. 2004-00021745 of said office. A copy of the assignment is
attached as Exhibit "C".
6. Plaintiff is now the owner and holder of said promissory note and
mortgage.
7. The said promissory note and real estate mortgage are conditioned that if
default be made in the payment of said note, or any part thereof, that said promissory note shall,
at the option of the legal holder thereof, become at once due and collectible, and principal and
interest accruing under said promissory note and mortgage now being in default, and all required
notices having been given, the Plaintiff hereby elects to and does, declare the entire sum owing
thereunder now due and payable.
8. There is now past due and owing to the Plaintiff under and by virtue of
said promissory note and mortgage the sum of $55,347.88, together with interest at the rate of
5.375 percent per annum from and after the 1st day of March, 2006, plus escrow advance of
$170.69, MI premium of $45.01, accrued late charges of $94.50 and miscellaneous fees of
$114.70, no part of which has been paid or tendered prior to the commencing of this cause of
action.
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9. Subsequent to the execution of Plaintiff's mortgage on December 13,
2004, Defendant City of Dubuque Housing Services Department Lead Paint Hazard Reduction
Program obtained a mortgage on the above-described real property dated May 9, 2005 in the
amount of $8,975.00. This mortgage was filed May 13, 2005 as Document No. 2005-7409 in the
Dubuque County, Iowa records. Said mortgage is junior and inferior to the lien of Plaintiff's
aforesaid first mortgage note and lien.
10. Subsequent to the execution of Plaintiff's mortgage on December 13,
2004, Defendant Dubuque Bank & Trust obtained a mortgage on the above-described real
property dated March 28, 2006 in the amount of $4,052.33. This mortgage was filed April 18,
2006 as Document No. 2006-5432 in the Dubuque County, Iowa records.. Said mortgage is
junior and inferior to the lien of Plaintiff's aforesaid first mortgage note and lien.
11. The lien of Plaintiff's said mortgage is paramount and superior to any
interest in or lien upon the said premises of the Defendants.
12. Plaintiff is entitled to the sum of$800.00 for necessary continuation of the
abstract of title to the aforesaid premises.
13. Plaintiff hereby waives any rights to a deficiency judgment against the
Defendants.
WHEREFORE, Plaintiff prays for in rem judgment against the Defendant
Benjamin C. Kerns in the sum of $55,347.88, together with interest at the rate of 5.375 percent
per annum from and after the 1st day of March, 2006, plus escrow advance of $170.69, MI
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premium of $45.01, accrued late charges of $94.50, miscellaneous fees of $114.70 and for the
sum of $800.00 for necessary continuation of the abstract and for the costs of this action,
including reasonable attorney fees; and Plaintiff prays that said judgment be decreed to be the
first lien upon said mortgaged premises from and after the date ofthe execution of said mortgage,
to-wit: December 13, 2004; that the lien upon, or interest in, said mortgaged premises of the
Defendants be decreed to be junior and inferior to that of Plaintiffs mortgage; that a Special
Execution issue for the sale of said mortgaged premises, or so much thereof as may be necessary
to satisfy said judgment, with interest and costs.
Plaintiff further prays that the Court adjudge and decree that if any part of said
mortgaged premises be sold that a Sheriffs Deed issue to the purchaser thereof.
Plaintiff further prays for such other relief as to the Court seems just and equitable
in the premises.
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David R. Elkin PK2895024
Suite Five
315 East Fifth Street
Des Moines, Iowa 50309
Telephone (515) 244-3188
ATTORNEY FOR PLAINTIFF
ATTORNEY FEE AFFIDAVIT
STATE OF IOWA )
) ss.
COUNTY OF POLK )
I, David R. Elkin, being first duly sworn on oath depose and state that I am a duly licensed and
practicing attorney at law in the City of Des Moines, Polk County, Iowa, and I am the attorney for the
Plaintiff above named; that there has been and is no agreement, express or implied, between me and
any other person, except a practicing attorney engaged with me as an attorney in this cause, for any
division or sharing of the fee to be taxed herein, which fee when taxed, shall be as compensation for
services actually rendered in this cause.
4- ~d-~
David R. Elkin
Subscribed and sworn to before me, a Notary Public in and for the State ofIowa by the said David
R. Elkin this 25th day of September, 2006.
(/3(1jbJu ) J ~
Notary Public
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BARBARA L. KNOLL
COMMISSION NO. 115440
MY COMMISSION EXPIRES
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NAT10NW1D~ ADVANTAGE MTG
141 006
NOTE
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9066390090
December 13th, 2004
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DUBUQUE
[City)
IOWA
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2286 CENTRAt AVE, DUBUQUE, IA 52001
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1. BORROWER'SPROMISETOPAY
In return for a loan !hat I havc received, I promise to pay U.S. $ 56,260.00
pl~ interest, to lbe order of thc Lender. The Lender is Dubuque Bank and Trust
(this amount is called 'Principal"),
Compa-ny
I will make all payments under this Note in the fonn of cash, check or money order.
I understand that the Lender may transfer thiB Nole, The Lender or anyone who takes this NOle by IrallSfer and who is
entitled [0 receive payments under this Note Is called the 'Note Holder."
2. INTEREST
Interest will be cltarged on unpaid principal until the full amount of Principal has been paid. I will pay intereSt at a yearly
rate of 5.375 %.
The interest rate required by thili Section 2 is che rate I will pay both before and after any default described in Seclion 6(B)
of thls Note.
;3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and inlerest by making a payment every month.
I wlll make my monthly payment on the 1st day of...ch month beginning On February 1st, 2005 . r will
make these payments every month until I have paid .1\ of rtIe principal and interest and any other chargeS de$cribed below that r
may owe under this Note. Each monthly payment will)li applied .s of its scheduled due dale and will be applied 10 intereSt
before Principal. If, on January 1st, 2035 ,/. I still owe amounls und", this NOIC, I will pay tho$C amounts in full on
thai dale, which i. called the "Maturity Date."
I will make my monthly paym<ntsat 1398 Central Ave, Dubuque, III 52001
or at a different place i!required by the Note Holder.
(B) Amount of Monthly Payments
My montbly payment will be in the amount of U.S. $
315.04
4. BORROWER'S RIGHT TO PREPAY
I bave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
'Prepayment." When I make a Prepayment, I wUlleU the Note Holder in writing that I am doing so. I may not designate a
P.yment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or panial P~"Paymcnls without paying a Prepayment charge. The Note Holder will U$C my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Nale Holder may apply my
Prepayment to the accrued and unpaid inrerest on the Prepayment amount, before applying my Prepayment 10 reduce the
Principal amount of the Note. If I make a panial Prepayment, chcre will be no changes in tIle due date or in the amount of my
monthly payment WIles, the Note Holder agrees in writing to those changes.
MUlTISTATE fiXED RATE NOTE.Single Family-Fannie MoelFreddie Mo. UNIFORM IN5TRUM~T
. -5N fOODaI.01 Form 3200 1/01
· liMP MOATGAGi FORMG. f8Ca152,-729,
EXHIBIT "A"
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NATIONWIDE ADVANTAGE MTG
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5, LOAN CHARGES
If a Jaw, which applies to this loan and whicb sets maximum loan charges, is finally inLerpreted so that the inlerest or other
loan charge. collecled or to be collected in connection with this loan exceed the permitted limits, Ihen: (a) any such Joan charge
shall be reduced by the amount necessary to reduce the charge 10 the permilled limit: and (h) anY sums already collected from
me which exceeded pennitted IimilS will be refunded to me. The Nole Holder may choose to make Lbis refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
aa a partial flrcpayment.
(i." BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge tor o.erdue Payments "
If the No", Holder haa DOL received tbe full amount of any monthly paymenl by Ibe end of fifteen
after the date it is due, I wiJI pay a late charge to the Nole Holder. The amount of the cbarge will be 5.00
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each laLe payment.
calendar days
" of
(B) Defaull
If I do not pay the full amount of each monthly payment on the dale it is due, I will be in default.
(C) Notiee of Default
If I am in default, Ihe Note Holder may send me a wrillen nOllee telling me that if I do not pay the overdue amount by a'
=tain date, the Note Holder may require me to pay inunedialeJy the full amount of Principal which has not been paid and all
the interesL thar I owe on that amount. That date musI be al leaat 30 days aCter the dale on which the notice is mailed 10 me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the No\C Holder does nol require me to pay inunediately in full as described
above, the NOle Holder wUl still have the right Lo do so if I am iu defanlt at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will bave thc right Lo
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 anomeys' fees.
1. GIVING OF NOTICES
Unless applicable law requires a different method, any nOlice that muSI be given to me under tIli. NoLe wiJI be givCll by
delivering il or by mailing it by first claas mail 10 me at the Propeny Address above or at a different address if I give the NOle
Holder a notice of my different IIIdress.
Any nollce that muslbe llivon to the NOle Holder under this Nole will be given by deliverinll il or by nWIing it by first
class mail to the Note Holder at the address staLed in Section 3(A) above or at a different address if I am given a notice of that
different address. .
8. OBUGA nONS OF PERSONS UNDER THIS NOTE
If more lb2ll one person signs this Nole, each person is fully and personally ohligated to keep all of the promises made in
this Note, including the promiJe 10 pay the full amounl owed. Acy person who is a guarantor, surety or endorser of !his Note is
also obligaled to do these things. Any person who la1ces over these obligations, including lbe obligations of a guarantor, surety
or endorser of Ibis NOle, is also obligated to bep all of the promises made in thia Note. The Note Holder may eoforce ils righq
under 'his NOle against eacb person IndivIdually or againsL all of us together. This means tho!. any oce of us may be required to
pay all of lbe amounls owed WIder this Note.
9. WAIVERS
I and any otller person wbo has obligations wuler this NOle waive the rights of PresentmenL and Notice of Dishonor.
"PresenLment" means the right to require the No", Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require lhe Nole Holder LO give notice to other persons that amounL. due have not been paid.
Form 3200 1/01
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NATIONWIDE ADVANTAGE MTG
141008
10. UNIFORM SECURED NOTE
1111s Note.is a urofonn insltumen[ widl limited vanations in some jurisdictions. In addition to the protections liven [0 the
Note Holder under Ibis NOle, a Mongage, D""d' of Trust, or Security Deed (lhe "Security Insttument"), dalt:d Ibe same date as
Ibis Note, protects the NOle Holder from possible losses which might resul[ if I do not keep the promises which I make in Ibis
No!e. That Security Ins[tumen! describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe unde! this Note. Some of those conditions are described as follows:
If all or soy part of the Propeny or soy Intelest in lbe Propeny is sold or transferred (or if Borrower is
not a natural person and a beneficial inll!rcst in Borrower is sold or tran.ferrcd) without Lender's prior writlen
consenl, Lender may require immediale payment 1n full of all sums secured by Ibis Security Instrument.
However, lhis option shall not be exercioed by Lender if SIIch ."crei.. is prohibited by Applicable Law.
If Lender exercises lhis option, Lender shall give Borrower notice of tceeleration. The DO[iee shall
provide a period of nOI less than 30 day. from the date tbe notice is given in accor<bncc with Section 15
wilhin wbich Borrow.. must pay all S\lrT1ll ..cured by this Security Jn5\tuIIlC1lt. If Borrower fail, to pay these
SUDlB prior to the c"piration of this period, Lender may invoke any remedies permitted by this Security
Insltllmen! widloUt further notice or dcniand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~;.- C I~
(Seal)
-Barlower
BENJAMIN C KERNS
(Seal)
~Borrowcr
(Seal)
-Barrowcr
(Seal) ,
-Borrower
(Seal)
-BolTower
(Seal)
-Bonower
(Seal)
-Borrower
(Seal)
-Borrower
FAY TO THE ORDEIl. OF
NATIONWIDE ADVANTAGE MORTGAGE COMPANY
WITHOUT RECOURSE [Sign OriginJJI Only]
DUBUQUE BANK I;, TRUS.T COMPANY
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VICE l'RfSIDENT U-
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Fo.... 3200 1/01
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NATIONWIDE ADVANTAGE MTG
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111~MIIII~lllllluml
Doc 10: 005063490018 TVp.: GEN
R.cord.d: 12/14/2004 at 02:59:38 PM
F.. Amt: $82.00 pege 1 of 18
. Dubuque county t.....
Kathv F1vnn Thurlow A.eorder
Flle2004-00021744
Prepared By:
Dubuque Bank and Trust Company
LINDA WESSELS
1398 Central Ave
(~~~~~iq.;J~\~t.\ 52001
Remm To:
LINDA WESSBLS
1398 Central Ave
Dubuque, IA 52001
563-589-2144
[Spac. AboYllbi5 Line Far R<<ordiq: Dalal
MORTGAGE
9066390090
DEFINITIONS
Words used in multiple sectiOllli of U,i. document are defined below and omer words are defmed in
Se;;tioDS 3, 1\. 13. 18. 20 and 21. Ccnain rule. regarding the usage of word. u.ed in this document are
al.o provided in Soction 16.
(A) "Security Instrument" ~ this docwnent. which is dated December 13th, 2004
togetbcr with aU Riders to mis dOCUIll"'".
(8) "lIorrower" is BEN,JAMIN C KERNS and ELENA A KERNS, Husband and Wife
Borrower i. the mortgagor under this Security Instrument.
IOWA-Single ~amilv-Fanni. Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3016 1/0'
. -SUA) 100061
.
"110,1 Of 15 IlIIIilla:
\(Mil ,",OATQAGE. FOAMS - 1800le21-72~1
EXHIBIT "B"
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NATIONWIDE ADVANTAGE MTG
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(C) "Lender" is Dubuque Bank and Trust Company
Lender i. a STATE CHARTERED BANK
organized and existing under the laws of THE STATE OF IOWA
Lender's address is 1398 C@ntral Ave, Dubuque, III 52001
Lender is tbe mortgagee under this Security Instrument.
(D) "Note" means IIlc promissory note signed by Borrower and daLed December 13th, 2004
The Note states that Borrower owes Lender Fifty Six Thousand Two Hundred Sixty and
no/lOa. DoJlIr5
(U.S. S 56,260.00 ) plus intercsl. Bnrrower has promisee! to pay this debt in regular Periodic
Payment> and 10 pay the debt in full not later than January Is ~. 2035
(E) "Property" means lIle propeny that is described below under the heading "Transfer of Rights in the
Propeny. ..
(F) "Loan" means the debt evidenced by Ibe Note, plus interest, any prepayment charges and late charges
due under the NOlf:, and all sums due under this Security Ins!rUme1lt, plus interest.
(G) "Riders" meaIl! all Riders Lo Ibis Securil)l Instrl1lllCnt that are executed by Borrower. The following
Riders arc 10 be executed by Borrower [check box as applicable]:
o Adjustable Rate Rider
o Balloon Rider
OVA Rider
B Condominium Rider ~ Second Home Rider
Planned Unil Development Rider 1-4 Family Rider
Biweekly Payment Rider Other(s) [specify] ,p-x e"t'rI'.j"+
+11\~11 CI "j r ic/ ef
(Ii) "Applicable Law" means all conlrolling applicable {edetal, state and local staroLes, regulations,
ordinances and administrative rules and orders (thar have the effect nf law) as well as aU applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and A50e5Sments" means all dues, fees, 8<sessments and other
charges that are imposed on Borrower or the Property by a condominium ....ociation. homeowners
associa1ion or similar organization.
(J) "Electronic Funds Tran5ler" means any transfer of funds. other than a transaction originated by
check, draft, or similar paper instrument, whicb is initiated through an electrOnic terminal, telephonic
instrument, compuLer, or magnetic tape so as 10 order. instroCl, or authorize a financial instilUuon 10 debit
or credit an account. Such lerm includes, but is not limited to, point-of-sale transfers, aulomated teUer
machine transactions. lnnSfcrs initialed by telephone. wire transfers, and automated clearinghouse
transfers.
(X) "&crow Items" means those items that are described in Section 3.
(L) "MlsceIJaneous Pr""eeds" means any compensation, settlement, award of damages, or proceeds paid
by any third pany (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or desttllCuon of, tile Property; (ii) condemnallon or other taking of all or any pan of the
Property; (Iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as 10. the
value and/or condition of the Propeny.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on.
the Loan.
(N) "Periodic Payment" mealls the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amoUntS under Section 3 of tbis Sec\lrity InstI'\III1Cllt.
Inidl.W:
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Form 3016 1/01
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COMES now the Plaintiff and for cause of action against the above-named
Defendants, states:
1. Plaintiff is a corporation with its principal place of business in West Des
Moines, Iowa.
2. Defendants Benjamin C. Kerns and Elena A. Kerris are individual
residents of Dubuque County, Iowa. Defendant City of Dubuque Housing Services Department
I
Lead Paid Hazard Reduction Program is a political subdivision. Defendant Dubuque Bank &
Trust is a financial institution
3. On or about December 13, 2004, Defendant Benjamin C. Kerns executed
in writing and delivered to Dubuque Bank and Trust Company one certain promissory note in the
sum of 56,260.00. A copy of said note, marked Exhibit "A" is attached hereto and by this
reference incorporated herein and made a part hereof.
4. To secure payment of said promissory note, Defendants Benjamin C.
Kerns and Elena A. Kerns executed and delivered to Dubuque Bank and Trust Company one
certain real estate mortgage covering the following described real estate and premises in
Dubuque County, Iowa, to-wit:
The Westerly Yo of the North Y. of Lot 16 "P", and the Westerly Y2 of the Southerly Yo of
Lot 18, in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof
and locally known as 2286 Central Ave., Dubuque, Iowa. A copy of said mortgage, marked
Exhibit "B" is attached hereto and by this reference incorporated herein and made a part hereof.
u.ruJ./'UUU U/:4:> H.l 515 273 8000
.
NATIONWIDE ADVANTAGE MTG
1i!I012
.
(0) "RESPA" mearni th~ Real Estate Seulement Procedures Act (12 U.S.C. Section 2601 et seq.) and ilS
implementing rcgulation, Regulation X (24 C.P.R. Pan 3500), as they might be amended from time 10
ti1!le. or any additional or succossor legislation or regulation that governs the same subject mauer. As used
in this Security Instrumml, . RESP A' refers to all requirements and restrictions that are imposed in rcgard
to a "federally related mortgage loan" even if the Loan does not qualify .. a "federally related mortgage
loan" under RESP A.
(P) "Successor in Interest of Borrower" means any party that ha< wen title to the ProP"'IY, whether or
not that pany has assumed Borrower's obligations under the Note and/or this Se~rity Instnlment.
TRANSPER OF RIGHTS IN THE PROPERTY
ThIs Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals. extensioll8 and
modifications of the Note; and (Ii) the perfonnance of Borrower's covenantS and allfccmenlS under this
Se~ly hlStrument and the Note, For this purpose, Borrower irrevocably mortgages, grants and
conveys to L<Ilder, with power of sale, me following described property located in the
COUNTY of Dubuque
O'ype Df RecDrding Jurisdic:tion} (Name of Recording jqri$dicdan]
THE WESTERLY 1/2 OF THE NORTH 1/1 OF LOT 16 "P", AND THE WESTERLY 1/2 OF
THE SOUTHERLY l/z OF LOT 18, IN L.H. LANGWORTHY'S ADDITION IN THE CITY
OF DUBUQUE, IOWA, ACCORDING TO TH~ RECORDED PLAT THEREOF (THIS IS A
PURCHASE MONEY MORTGAGE)
Parcel ID Number:
10-24-130-003
ZZ86 CENTRAL AVE
which =ently has the address of
I-I
[Ci'YJ. Iowa 52001 [Zip Codoj
DUBUQUE
("Property Address"):
TOGETHER WITH all the improvemenlS now or hereafter erected on the property. and all
easements, appunenances, and fixtures now or hereafter a pan of the proP"'IY. All replacemenlS and
additions shall also be covered by mis Security Instrument. All of the foregoing is referred 10 in 1hi4
Security Instrument as the 'Property." .
BORROWER COVENANTS that Borrower is lawfully seised of the estate h....eby conveyed and has
the right [0 grant and convey the Property and that me Property is unencumbered, except for encumbr_
of record. Borrower warrants MId 'will defend generally Ibe title to the ProperlY against all claims and
demands, subject to any encumbrances of record.
THIS SECURfIY INSTRUMENT combine> uniform covenants for national USe IIld non-uniform
covenants -:vilh limited variations by jurisdictlon to constitute a uniform Sl!Curity instrument covering real
property ,
lnitiala:
~6IlAIIOOOliI
Pllla.i3 01115
Fo"" 3016 1/01
. OU(Ol(~006 07;46 FA! 515 273 8000
. ~
NATIONWIDE ADVANTAGE MTG
141013
.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows;
1, Payment of Principal, Interest, Escrow Items, Prepaymenl Charges, and Late Chargcs;
Borrower shall pay who'I1 duc the principal of. and interest 011. the dEbt evidenced by the Note and any
prepayment charges and late charges due onder the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under lbe NOle and lbis Security Inslnuncnt shaIl be made in U.S.
currency. However. if any check or OthL'1' instrument received by Lender as payment under the Note or Ibis
Security InstIUmenr is remrned to Lende, unpaid, Lender may require that any or all subsequent payments
due under lhe Note and this Security Instrument be made in one or more of !he following forms,' as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, trea:;urer's check or
caShier's check, provided any such check is drawn upon an insLitution whose deposits are insured by a
federal a!:ency, instrumentality. or entity; or (d) Electronic Funds Tl1IJISfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordanoe Wilh lbe notice provisions in Section IS.
Lender may retuID any payment or partial paymem jf the paymcnL or partial payments are insufficienl to
bring the Loan current. Lender may accept allY payment or panial payment insufficieot to bring the Loan
c'Urrent, without wai_er of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in lhe future, bUI Lender is not obligated to apply such payments at the time SUdl payments are
accepted. If each Periodic PaY{l1Cpl is applied as of its scheduled due date, then Lender n...:! nOl psy
inlerest on unapplied funds. Lender may hold such unapplied funds until Borrower makes paymenl to brin!:
lbe Loan current. If Borrower does DOl do so wilbin a reasonable period of lime. Lender ,hall eilher apply
such funds or return lbem to Borrower. If not applied earlier, ,uch funds will be applied 10 lbe outstanding
principal balance IlTlder lbe NOle inunediately prior 10 fow:losore. No offset or claim which Borrower
might have now or in the future against Leoder shall relieve Borrower from making payments due under
the Note and this Security Instrum<nt or performing the covenants and agreements secured by this Sc<.'l1rity
InstrUmenl.
2. Application of Payments or Proceeds. Except as otherwise described in this Sl!Ction 2, all
payments accepted and appiled by Lender shall be applied in lbe following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such paymems
shaU be applied to each Periodic Payment in the order in which il became due. Any remaining amounts
shall be applied first to late chlIrg"". second to any other amoUntS due under this Security Insuumeot, and
then to reduce lbe principal balance of the Note.
If Lender receives a payment from Borrower for . delinquent Periodic Payment which includes a
sufficient amounl 10 pay any late charge due. the paymem may be applied to the delinquent payment and
the late cbarge. If more than one Periodic Payment is outstanding. Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if. and to .the eXlent thai, each paymem can be
paid in full. To the extenl lbat any excess exists after the paymenl is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any lale charges due. VolWltary prepayments shall
be applied fim to any prepaymt:nl charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneo~ Proceccls to principal due under
the NOIe shall nOI extend or postpone the due date, or change the amount, of lbe Periodic Payments.
3. FWlds for Escrow Ilems. Borrower shall pay to Lender on the day Periodic Payments ~ due
onder the Note, uDlilme Note is paid in full, a sum (the "Funds") to provide lor payment of amounts due
for; (a) taXes and assessments and other ilems which can attain priority over this Security InslrutD.ent as a
lien or encumbrance on the Propeny; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insunulce required by Lender under Section 5 i and (d) Mongage lnsunnee
premiums, if any, or any sums payable by Borrower to Lender in lieu of the paymenl of Monlage
Insunnce premiums in accordance with the provisions of Section 10. These ilems are called "Escrow
Items." AL origination or at any thne dur~ lhe term of the Loan~ Lender may require lbat Community
lnlrial.l::
_-eU,AJ .lg"051
,.,~4g,f16
F.nn 301 II 1/01
u~n UJ..f ..UUU U I . 'IU r11.4. aJ.i) ~ J oJ auuu
.
NA"lUNW1Vh AVVANIAuh MIu
Il!I 014
.
Association Dues. Fees, and Assessmenls,' if any, be escrowed by Borrower. and such dues, fees and
assessments shall be an Escrow Item. BOrrower shall promptly furnish [0 Lender all nOlices of llffiOUnl& 10
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waivcs
BOrrower's obligation to pay the Funds for any or all Eserow Ilems. Lender may waive Borrower's
obUgadon to pay 10 Lender Funds forany or all Escrow Items at any time. Any such 'waiver may only be
in writing. In the event of such waiver, Borrower shall pay direcdy, when and where payable, the amounts
due for any Escrow Items for which paymenl of Funds has been waived by Lender and, if Lender req1lires,
shall furnish '" Lender receipts evidencing such payment within such lime period as Lender may require.
Borrower's obligation 10 make such payments and 10 provide receipts sball for all putposes be deomed 10
be a covenant and agrCl:ment conlained in this Security InstrUment, as the phrase "covenanl and agreem<:nl"
is used in Seclion 9. If Borrower is obligated to pay Escrow Ilems directly, pursuanl 10 a waiver, and
Borrower fails to pay the amount due for an Escrow Ilem, Lender may ""ercis. ilS righlS under Secdon 9
and pay such amount and Borrower sball then be obligated unner Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as 10 any or all Escrow Items al any lime by a nOlice given in
accordance with Section IS and, upon such revocalion, Borrower shall pay 10 Lender all Funds. and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and bold Funds In an amounl (a) sufficient to pennit Lender to apply
the Funds at the time specified under RESPA. and (b) not 10 exceed the maximum amount a lender can
require under RESPA. Lender shall estimale the amounl of Funds due on the basis of currenl data and
reasonable estimales of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
insrrumentality, or entity (including Lender, if Lender is an institulion whose deposits are so iilsured) or in
any Federal Home Loan Bank. Lender shall apply the Funds 10 pay the Escrow Ilems no later lban the lime
specified under RESPA. Lender sball not charge Borrower for balding and applying the Punds. annually
analyziog the escrow account, or verifying Ihe Escrow Ilems, unless Lender pays Borrower inl""est on the
Funds and Applicable Law pennilS Lender 10 make sucb a charge. Unless an agreement is made in writing
or Applicable Law requires interest 10 be paid on lbe Funds, Lender shall not be required 10 pay Borrower
any inlereSt or caminllS on the Funds. Borrower and Lender can agree in writing. however. thal inl"",,"t
shall be paid on the Funds. Lender shall give 10 Borrower. withoul charge, an annual accounting of the
Funds iii required by RESP A.
If there is a surplus of Funds held in escrow, as defltlCd under RESPA. Lender sball account to
Borrower for the excess funds in accordance with RESPA. If there is a shonage of Funds beld in escrow,
as defined under RESP A. Lender shall notify Borrower as required by RESP A, and Borrower shall pay 10
Lender the amount necessary to make up the shorrage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow. as defined under RESP A. Lender shall
notify Borrower as required by RESP A, and Borrow"" shall pay 10 Lender the amounl necessary to make
up the deficiency in accordance with RESPA, but in no mar. than 12 monthly payments.
Upon paymenl in full of all sums secured by this Security Instrumenl, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Ch"'1lc:s; LiCIIS. Borrower shall pay all taxes. assessments, charges, fmea. and impositions
aUnQurable 10 the Property which can altain priority over this Securily Insuument, leasehold paymenl' or
ground rents on the Propert)', if any, and Communily Assodadon Dues. Fees. and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which h.. priority over this Security Insuumenl unless
. Borrower: (aJ agrees in writing to the paymenl of the obligation secured by the lien in a manner acceprable
to Lender, bUI only SO long as Borrower is performing such asreement; (b) contests the lien in good faith
lni"II.:
GL-6UAJ 1000151
PaIilIlSOI 1.5
Form 3016 1101
. UU/U.l/lUUti u'I:47 t'AX 515 27~ 8000
NATIONWIDE ADVANTAGE MTG
1ai015
.
"
.
by, or defends againsl enforcement of lbe lien in, legal proceedings which in Lender's opinion operate to
prevent Ihe enforcement of lbe lien while those proceedings are pending, but only umll sncb proceedings
are concluded; or (c) secures from lbe holder of the lien an agreement satisfactory to Lender subordinating
lbe lien to lbis Securiry Insuument. If Lender delermines lhat any part of the Property i. subject to a lien
which can altain priority over this Securiry InsltUment, Lender may give Borrower a nolice idcnlitying the
lien. Within 10 days of lhc dale on which thaI noti"" i. given, Borrower shall .al\sty the lien or talce onc or
more of the actions set forlb above in this Section 4.
Lender may require Borrower 10 pay a one,timc charge for a real estate lax verification andlor
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower .hall keep the improvements now existing or hereafter erected on
!be Proper!)' insured againsl loss by fire, hazards included wilhin me term "extended coverage,' and any
omlOr hazards including, but not limited to, eanhquakes and !loods, for which Lender requires insurance.
This insurance .haJl be maintained in the amounlS (including deductible levels) and for !he periods thaI
Lender re<jlJires. Wh~ Lender requires pursuant to Ille preceding sentences can change during the ICIm of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised umcasonably. Lender may
require Borrower to pay \ in connection with this Loan, either: (a) a one-time charge tor flood zone
determination, certification and tracking servict:.ll; or (b) a one-time charge for flood zone determinaIion
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such detonninalion or certification. Borrower shall also be responsible for Ibe
payment of any fees imposed by the Federal Emergency Managemenl Agency in connection with the
review of any flood zone detonnination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insunnce
covel1lge, at Lender's option and Borrower's expense. Lender is under no obliglllion to porch..e any
particular lype or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not prolect Borrower, Borrower'. equiry in the Property, or the content! of tlte Propcny, againsl any risk,
hazard or liabiliry and might provide greater or lesser coverage than was previously In effect. Borrower
aclmowledges that Ihe cost of tlte insurance coverage so obtained might slgnificanUy exceed the cost of
insurance lbat Borrower could have obtained. Any amounts disburscd by Lender under Ibis Sectioli 5 shall
become additional debt of Borrower secured by this Security In51rument. These amounts shall bear inttrest
at the Note rate from the date of disbursement and shall be payable, wilb such interest, upon notice from
Lender 10 Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shal1 include a Slandard mortgage clause, and shall nllDlC Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promplly give to Lender all receipts of paid pteroiums and
renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lendl:T,
for damage to, or destruction of, the Proper!)', such policy shall include a standard mongage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice tb the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whelber Or not the underlying insurance was required by Lender, shall
be applied to restoration or repair o.t the Property, if tlte re51oralion or repair is economically feasible and
Lender's securiry is notlessencd. During such repair and restoration period, Lender shall hsve the right 10
hold such insurance proceeds until Lender has had an opponuniry to inspect such Propetly to ensure the
work has been completed to Lender's satisfaction, provided that sUch inspection .hall be undertalcen
promptiy. Lender may disburse proceeds for tlte repairs and resloration in a single payment or in a series
of progress payments as rhe work is completed. Unless an agrcement is made in writing or Applicable ~w
Inill.lS:
G .6I1AIIOOOOl
Ii>
P'lle'60l'1!S
Form 3016 1101
. U"/U1/~UOU U7:47 FAX 515 273 8000
NATIONWIDE ADVANTAGE HTG
14!J016
.
J
.
requires Interest to be paid on such insurance proceeds, Lender shall nOI be required 10 pay Borrower any
intere!l or earnings on such proceeds. Pees for public adjuslers, or other third parties, retained by
Borrower shall nOI be paid out of the iosUlllI\ce proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is nOl economically feasible or Lender', security would be lQsened, the insurance
proceeds shall be applied 10 the sums sccured by this Security Instrumt:nt, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order prmlided for in
Section 2.
If Borrower abandon$ the Property, Lender may me, negotiate and sellle any available insunmce
claim and related mallen, If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered 10 senle a claim, men Lender may negotiate and settle the claim. the 30-day
period will bel:in when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's right! to any insurance
proceeds in an amount not 10 exceed Ihe amounts unpaid under the Nole or this Security In5lTUD1o:nt, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of lbe Property. Lender may use Ille insurance proceeds eiIller 10 repair or reotore the Property or
to pay amounts unpaid under the Nole or Illis Security InBtIllment, whemer or not then due.
6, Occllpancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after Ille execution of this Security Instrument and shall continue to occupy the
Pr~perty as Borrower's principal resideoce for at least one year after the date of occupancy, unless Lender
olherwise agrees in writing, which consenl shall not be unreasonably withheld, or unless CXtenuating
circumstances (;J(ist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspec:tlons. Borrower shall not
destroy, damage or Impair the Propcrry, allow the Propeny to deteriorate or commil waste on the
Property. Whether or not Borrower is residing in the Propeny. Borrower shall maintain lbe Property in
order to prevenl Ihe ProperlY from deteriorating or decreasing in value due 10 hs condition. Unlc::iS it is
determined pursuant 10 Section 5 that repair or restoration is not economically feasible, Borrower shall
promplly repair Ihe ProperlY if damaged [0 avoid fiuther deterioration or damage. If insurance or
condemnalion proceeds arc paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or resloring !he Property only it" Lender has released proceeds for such
purposes. Lender may disburse proc(.1:ds for Ihe repairs and restoration in a single payment or in a series of
progre.. paymonls as the work is completed. If Ille insurance or condemnation p'roceeds are not sufficient
to repair or reBlore the Property, Borrower is not relieved of Borrower's obligation for the complelion of
such repair or reStoralion.
Lender or its agenl may make reasonable entries upon and inspections of the Property. If it has
reasonable cau.., Lender may illBpeCl the interior of lbe improvements on the Property. Lender shall live
Borrower notice at lbe time of or prior 10 such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting or the direction of' Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or ioaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with !he Loan. Marerial
representations include, but are not limiled to, representations concerning Borrower's o""upancy of the
Property as Borrower's principal residence.
9, Protection of Lender's Interest In the Property and Rights Under this Security Instnnnent. If
(a) Borrower fails to perform the covenants and agreements contained in lhis Security Insll'llD1enl, (b) there
is a legal proceeding tbat might signifioanlly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruplcy, probate. for condemnation or forfeiture, far
enforcement of a lien which may attain priority over Illis Security Instrument or to enforce laws or
Inidel.l
. -liUAI '00051
..
P",g.'" Qt16
Fann an1S 1/01
. Ul:l/UJ'/~UUO U/;4G toU ::ill') .:na ~OOO
NATIONWIDE ADVANTAGE MTG
Ii!I 017
.
j
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whateVer is
reasonable or appropriate to prolect Lender's interest in tbe Propeny and rights under this Security
Instrument, including protecling and/or assessing the value of the Propcny, and securing and/or repairing
the Property. Lender's actions can include. but are nOI limited to; (a) paying any sums secured by a lien
which hll5 priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
allomeys' fees 10 protect its interest in the ProperlY and/or rights under this Security Instrument. including
its secured position in a bankruplCY proceeding. Securing the Property includes, but is not limited to,
enlering the Property to make repairs, cbange locks, replace or board up doors and windows, drain water
from pipes, eliminale building or other code violations or dangerous conditions, and have utilities turned
on or off, Although Lender may take aclion under this Section 9, Lender does not have to do so and is not
under any dULY or obligation 10 do so. It is agreed tha[ Lender incurs no liability for not taking any or all
actions authori~ed under Ibis Section 9.
Any amoun!.! disbursed by Lender und.r this Section 9 shall become additional debt of Borrower
secured by this Security Insltument. These amounls shall bear inlerest at the Note rate from lhe date of
dishursemenl and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a le...hold, Borrower shall comply with all the provi.ion. of the
lease. If Borrower acquires ree title [0 the Property, Ihe I....bold and the tce tille shall not merge unless
u.'nder agrees to Ibe merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making 1I1e Loan.
Borrower sball pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
th. Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insutance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect. at a cost substantially
equivalent [0 the COSt to Borrower of the Mortgage Insurance previously in effect. from an alternate
mortgage insur.r selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payment! that
w<re due when the insurance coverage ceased to be in effeCl. Lender will accept, use and retain tIlese
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve sha1I be
non-refundabie. notwitbstanding lhe facl that tbe Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on sucb loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in lbe amount and for the period that u..'I1der requires)
provided by an insurer selecred by Lender again becomes available, is obtained, and Lender requires
separalely designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall' pay the premiWllS required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, Wltil Lender'.
r.quirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or Wltil termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay Interest lit the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any eotity that purchases the Note) for certain IOlilies it
Jlll.y incur if Borrower does oot repay the Loan as agreed. Borrower is not a parry to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, 8lld may
enler inlo agreements with other parties that sbare or modify their risk, Or reduce losses. These agreements
are on tertllS and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
Iheu: agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums),
As a result of these agr.ements, Lender, any purchaser of the Not., another j"",rer, eny reiosnrer,
any otller entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amoWlIs that
derive from (or might be characterized as) a portioo of Borrower's payments for Mortgage Insurance, in
exchange for sbaring or modifying the mortgage insurer's risk. or reducing losses. If such agreement
Inltl.lll
G-SHA) ,,,.,,
.
P.V~ I!I 0' 15
Form 3016 1'01
VlJ/ UJ./ "::UUQ
u,:.. >AA ,1, l7a 6000
NATIONWIDE ADVANTAGE MTG
Ii!I018
.
.,
.
provides llIat an affiliate of Lender lakCli a sbare of llIe insurer's risk in exchange for a share of Ibe
premiums paid to the insurer, tbe arrangement is often tenned "captive reinsurance." Funher:
(a) Any such agreements will not affect the amounts tbat Borrower has agreed to pay for
Mortgage Insurance, or any other lerms of the Loan. Such agreemenlli will Dol increase the amount
Borrower will owe for Mortgage InsuraDce, and Ihey will Dot enlille Borrower to aDY refund.
(h) Any such agreements wiu Dot affect tbe dgbts Borrower has " it any " with respecl 10 the
Mortgagc IDsurance under Ihe Homeowners Protec:lion Act oC 1998 or aDY olher law. These richlS
lIIllY include the righl 10 receive certain diSclosures, to request and obtain cancellation of tbe
Mortgage Insurance, to have the Mortgage Insurance terminaled aUlomatlcally, and/or to receive a
ref WId ot any Mortgage Insurance premiums Ihat were UDeamed 81 the time of such caneeUation or
termiDation.
11. AssignmeDt of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid 10 Lender;
If Ibe l'Toperry is damaged, such Miscellaneous Proceeds shall be applied to resloratioD or repair of
lbe Property, if the rCSloration or repair is economically feasible and Lender's security is not lessened.
During such repair and restorarion period, Lender shall bave the righl to hold such Miscellaneous l'Tocceds
until Lender bas had an opportUDity to inspecI such Property to ensure Ibe wode has been complOled to
Lender's satisfaction, provided llIar such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress paYlllOllls as Ibe wode is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required 10 pay Borro",CT any inleresl or earnings on such
Miscellaneous Procceds. If the restoration or repair is Dot economically feasible or Lender's security would
be lessened, Ibe Miscellaneous Proceeds shall be applied to Ille sums secured by this Securily InstrUlDCDI,
whether or nOt then due, with Ibe excess, if any, paid to Borrower. Sucb Miscellaneous Proceeds shall he
applied in Ibe order provided for in Section 2.
In the event of a toW taking, destrucrion, or loss in value of the Property, the Miscellaneous
Proceeds sball he applied 10 Ibe sums secured by this. Security In.lrumcol, whether or nOl Ihen due, wilb
lhe excess, if any" paid to Borrower.
10 the event of . partial laking, destrUction, or loss in value of tbe l'Topcrry in which the fair marlret
value of the Property immedialely before Ibe partial taking, desllUcrion. or lo.s in value is equal 10 or
greater tban Ille amount of Ibe sums secured by this Security Instrurnenl immedialcly before lbe partial
taking, destrUction, or loss in value, unless Borrower and Lender otheIWise agree in wridng, Ibe sums
secured by this Security instrUment shall be reduced by the amounl of Ibe Miscellaneous Proceeds
multiplied by Ibe following fracdon: (a) Ibe total amounl of Ibe sums secured immediately before the
panial taking, destrUction, or loss in value divided by (h) lhe fair rnaIket value .of the Property
immediately before the partial taking, desrruction, or loss in value. Any balance shall he paid to Borrower.
In the evenl of a partial taking, desrruction, or loss in value of Ibe ProperlY in whieb Ibe fair market
value of tbe Property immedialely before rhe partial taking, destrUction, or loss in value is less than !be
amount of the sums secured immediately before Ibe partial laking, destruction, or loss in value, Wlle.u
Borrower lIIId Lender otherwise agree in writing, the Miscellaneous l'Toceed. shall be applied to the sums
secured by this Security IOStnlD1enl whether or nolthe sums are Iben due.
IC the Property is abandoned hy Borrower, Or if, after notice by Lender !O 1lo1T0wer that lilt:
Opposing pany (as defined in the neXI sentence) offers 10 make an award to sellle a clain} for damaaes,
BOlTower fails to respond to Lender wilbin 30 days after the date lbe notice is given, Lender is authorized
to collect and apply Ibe Miscellaneous Proceeds either 10 restoration or repair of the Property or to the
sums secured by llIis Security Instrument, whether or not Iben due. "Opposing Party" means lilt: third party
Ibat owes Borrower Miscellaneous Proceeds or the pany against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Ilorrower shall be in default if any actioD Or proceeding, wbether civil or criminal, is begun thar, in
Lender's judgmenl, could reSult in fOrfeilUTe of rbe Property or other mateiialimpainncnt of Lender's
interest in Ibe Property Or rigblS under this Security Instrument. Borrower. can cure SlIch a default and, if
acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be
dismissed with a ruling thaI, in Lender's judgme:n!, precludes forfeimre of lbe Property or olller l1Ullerlal
iD1jlairrnenl of Lender's interesr in the Property or rights under this Securilylnsl1111Tlelll.. The proceeds of
"~8I1AIIOOOIiI
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Jt:lgc9 af 15
form 3016 1101
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l'lUlUNW UJ~ All V ANTAGIi MTG
Ii!J019
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my award or claim for damages that are attributable to the imp.innent of Lender's in,er..t in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Propeny shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not D Waiver. Extension of the time for
payment or modification of amonization of the sums secured by this Security Instrument granted by Under
to Borrower or any Successor in Interest of Borrower shall not operate to release me liability of Borrower
or any Successor. in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor In Inleresl of Borrower or to refuse to extend time for payment or olber.vise modify
llffiorlizalioll of the sums secured by this Security InStrumeDl by reason of any demand made by me original
Borrower or any Successors in loterest of Borrower. Any forbearance by Lender in exercising any rigbt or
remedy inclUding, without limitation, Lender's acceptance of paymenQ from mird persons, entilies or
Successors in Interest of Borrower or in amoUnts Jess than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Succ<ssors and Assigns Bound. Borrower covenantS
and agree. lbat Borrower's.obligations and liability shall be joint and several. Howcver, any Bnrrower who
co-signs mis Security Instrument but does nOt execute rhe Note (a 'co-signer"): (a) is co.siglling this
Security IllStrUmem only to mortgage, grant and convey lbe co.signer's interest in the Property under lbe
terms of this Securi<y Il\S1fIImem: (b) is not personally obligated to pay rhe sums secured by thi. Securi<y
Instrument; and (c) agree$ that Lellder and any other Borrower can agree to extend, modify, forbear or
make any accummodations with regard La the terms of this Security Instrument or the Note without rhe
co-signerls consent.
Subject to the provisions of Section 18, any Successor in lntercsl of Borrower wbo asswnes
Borrower's obllgalioos under this Securi<y Instrument in writing, and is approved by Lender, shall nbtain
aU of Borrower'. rights and benefilS under thi. Security Instrument. Borrower shall not be released from
Borrower's obligations and liabiliLy under this Security Inslnlmelll unless Lender agrees to such release in
writing. The covenants and agreementS of this Securi<y Instrument shall bind (except as provided in
Section 20) and benefit lbe successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, t'or the purpose of prolecting Lender's interest in rhe Proper<y and rights under this
Security Instrument, including, but no' limited la, attorneys' fees, property inspection and valuation fees.
In regard 10 any other fees, the ahsence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on rhe charging of such fee. Lender may Dnt charge
fees that are expressly prohibited by tbis Security In.trument or by Applicable Law.
!lothe Loan is subject to a law which setS maximum loan charges, and that law is finally interpreted so
that the inLerest or omer loan charges collectcd Or 10 be collected in conntction with me Loan exce<:d the
permitted limits. Ibeo: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit: and (b) any sums already colleered from Borrower which exceeded pennitted
limits will be refunded 10 Borrower. Lender may chnose to make mis refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, rhe
reduction will be trOaled as a panial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any rigbt of action Borrower might bave msing Olll
of .uch OVercharge. ,
15. Notices. All notices given by Borrower or Lender in connection with this Security Ill$1tll1llCtlt
must be in wriliog. Ar.y notice to Borrower in cODDeclion with this Security lostJUmcnt shall be deemed to
have been given to Borrower when mailed by first class mail or when actUally delivered to lIorrower's
notice addrcs$ if senl by omer means. Notice to anyone Borrower sball constitute notice to all Borrowers
unless Applicable Law expre5S1y requires otherwise. The notice address shall be !he Property Address
unless Borrower has designaied a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of addre",. If Lender specifies a procedurc for reponing Borrower'.
change of .ddr.... then Borrower shall only report a change of address rhrougb that specified procedure.
There may be only one designated nOlice address under rhi. Security lnStrWllClll at any one time. Ar.y
notice to Lender shall be given by delIvering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has dcsign.tcd another address by notice to Borrower. Any notice in
0-6nAI".,,,,,,
..
JnITlil5;
Form 3016 1/01
PlISll.l.Q of 15
....1.... ...J~ QUUU
1'1I1U .LUPHHVn iillVANTAGt.; MTG
I4!I020
.
~
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. connee[ion wi!h ulis S~'Curi[y Insrrumenr shall nor be deemed [0 have been given [0 Lender unlil actUally
received by Lender. If any notice required by this Sccuriry (ns[rumen[ is also required under Applicable
Law, lhe Applicable Law requiremenr will sa[isfy lhe corresponding requiremen[ under Ibis Security
lrislrumcot.
16. Governing Law; Severability; Rules of Construction. This Securiry InstlUmenl shall be
governed by federal law and tlle law of the jurisdicrion in which the ProPerlY is localcu. All rights and
obligalions conlained in this Securily Instrument are subjec[ [0 any requiremenls and limita[ions ,of
Applicable LallI- Applicable Law mighl explicitly or implicitly allow dle parties 10 agree by conlt1lel or il
migh[ be silenl, but sucb silence shall nol be constrUed as a prohibi[ion agaiDS! agreemenl by conrracr. In
!he event that any provision or clause of this Securiry InstrumeD! or [he Note conflicts wiIh Applicable
Law. such conflict ,hall nor affect o!her provi.ions of rbis Security Insrrumenr or the NOll! which can be
given effect wilbom !he conflicting provision.
As used in !his Securi[y Jnstrori1en[: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words the singular shall mean and
include tbe plural and vice versa; and (c) !he word 'may' gives sole discretion wi[hout any oblie'tion to
lake any acuon.
17. Borrower's Copy, Borrower shall be given one copy of the Note and oflhis Securiry Insll1Ul1enl_
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in Ibis Section 18,
"lnlercS[ in rhe Property" means any legal or beneficial in[erest in the Property. including, bur notlimired
[0, those beneficial inIerem transferred in a bond for deed, COnlraCI for deed, installment .sales conttact or
escrow agreement. Ibe intenr of which is the transfer of title by Borrower al , furore dale to a purchaser.
If all or any parr of the Propeny or any Interes[ in the Property is soid or lransferred (or if Borrower
i, nol a natUral person and a beneficial imerest in Borrower is, sold or transferred) without Lender's prior
wrinen consent, Lender may require immediate paymenl in full of all sums secured by tbis Security
In$lrumco[. However, Ibis op[ion sbaH not be cxercised by Lender if sucb exercise is prohihited by
Applicable Law.
If Lender ""ercises !his option, Lender shall give Borrower notice of aceelermion. The notice shall
provide a period of not Jess than 30 days from th. dale lhe noliee is given hi accordance with Section IS
wilhin which Borrower muSl pay all sums ..cured by this Securiry Insuumenl. If Borrower fails to pay
these sums prior 10 the expiration of this period, Lender may invoke any remedies permilled by !his
Securlry Instrumenl wilhoul furrher notice or demand on Borrower.
19. Borrower's Rigbt to 'Reinstale Aller Acceleralion. If Borrower meers certain conditions,
BOITOwer shall bave the right to have enforcement of Utis Security Insuumen[ discontinued a[ any time
prior to the earliesl of: (a) five days before sale of Ille Propttty pursuant to any power of sale contained in
Ibis Security Instlllmen[; (b) such other period as Applicable Law might specify for the termination of
Borrower's right 10 reinslate; or (c) eOlry of a judgmen[ enforcing Ibis Security Imtrument. Those
conditions are lhat Borrower: (a) pays Lender all sumo which then would, be due uoder Ibi. Security
Instrumem and the NOle as if no acceleration bad occurred: (b) cures any default of any other covenanla or
agreements; (c) pays all expenses incurred in enforcing Ibis Securi[y Instrument, including, but not limited
to. reasonable allomeys' fees, property inspection and valuation fees, and o!her fee:! incurred for the
purpose of protecting Lender's in[erest in the Properry and righLs under this Security Instrument; and (d)
Iakes such acrion as Lender may rtlSonably require to assure rhat Lender's in[eresl in tbe Properry 8Dd
rights under this Securiry InstrumeDt. and Borrower's obligation [0 pay the ~ secured by this Security
Instrumenl, mall continue unchanged. Lender may require !hal Borrower pay such rein5lalCmCllt sums and
expenses in onC Or more of !he following forlDS, as ,elcc[ed by Lender: (a) cash; (b) money order; (c)
certified check. bank check, treasurer's check or caslller's check. provided any such check is drawn upon
an institution whose deposits are insured by a federal agency. instrumentaliry or entiry; or (d) EJectronic
Fuods Transfer. Upon reinstalement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effeclive as if no acceleration had oc~rred. However, !his .righl to reinstate shall not
apply in the case of aceeleration under Section 18.
20. Sale ot NOIe; Chance of Loan Servlcerj Notice oC Grievance. The Note or a partial interest in
the Note (logelber with this Security Instrumenl) can be sold one or more times without prior notice to
.-SIIA) 10006'
4>
Initi.I:i:
PIo".11 alHi
Form 3011 1/01
. U~/u~/~uua UI:aU rAA 515 27J 8000
NATIONWIDE ADVANTAGE MTG
~021
.
,.
.
.
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") thaI collectS
Periodic Payments due under the Note lUld tbis Security InstTUm<:n1 and performs other lIlOnllage loan
servicing obligations under the Note, this Securily Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Notc. If there is a change of the Loan
Servicer, Borrower will be given written ootice of the change which will Slate the name and address of the
new Loan Servicer, the address to which payments should be made and any other informarion RESP A
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter Ibe Loon is
serviced by a Loan Servicer other than the purchaser of the Note, the monllage loan servicing obligaliona
La Borrower will remain with the Loan Servicer or be transferred lo a successor Loan Set'iicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purch..er.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individUal litigant or lhe member of a cl..s) that arises from the other party's actions pursuant tn this
Security Instrument or that alleges that the other parry has breached any provision of. or any duty owed by
reason of, thill Securily Instrument, until such Borrower or Lender has notified Ibe olher parry (with JIlch
notice given in compliance with the requirements of Section 15) of sueb alleged breach and afforded the
other parry hereto a reasonable period after the giving of such nolice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken. Ibat time
period wUl be deemed to be reasonable for purposes of Ibis paragraph. The notice of acceleratinn and
opponunity to cure given to Borrower pursuanl to Section 22 and the notice of acceleration liven to
Borrower pursuanl 10 Section 18 shall be deemed to satisfy the notice and opponunity to lake corrective
action provisions of this Section 20.
21. HlWlrdous Substances. As used in this Section 21: (a) 'Hazardous Substances" are those
substances defined as toxic or haz..-dous substances, pollmants, or wastes by Envil:ODlnental law and the
following substanc;es: g..oline, kerosene, other flammable or toxic petroleum products. IOxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" meanS federal laws and laws of the jurisdiction where the Propeny is located that
relate 10 health, safely or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to. or otherwise trigger on Environmental
Cleanup.
Borrower shall nOI cause or permit the presence. use, disposal, storage, or release of any Hazardolls
Substances, or threaten 10 release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do. anything affecting me Properly (a) thai is in violation of any Environmental
Law. (b) which creates an EnvirollDlelltal Condition, or (0) which, due to the presence, use. or release of a
Hazardous Substance. creates a condition that adv","sely affects the value of the Properly, The preceding
Iwo senrenc;es shall not apply to the presence, use. or storage on Ibe Properly of small quantities of
Huanlous Substances that are generally recognized to be appropriate to nonna! residential uses and to
mainlenance of the Propeny (including. but IlOtlimlted to, hazardous subsllU1CCS in conaumer products).
Borrower shall promptly give Lender written notice of (a) any investigation. claim, demand. lawsuit
or other action by any governmental or regulalory agency or private parry involving the Property and any
Hazardous Suhstance or Environmental Law of which Borrower haa acotal knowledge. (b) any
Environmental Condition. including bUI not limited to. any spilling. leaking. discharge. rel....e or threat of
release of any Hazardous SubslJltlCe, and (c) any condition caused by the presence. use or release of a
Hazardous Subsrance which adversely affects the value of the Propeny. If Borrower learns, or is notified
by any governmental or regulatory authorily, or any private pany, thaI any removal or other remediation
of any Hazardous Substance affecting lbe Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environnlental Law. Nothing herein shall creale any obligation on
Lender for an Environmental Cleanup.
l"ki.itl
..6111>1100001
II
PIlIil'61Z rill!.
Form 3016 1/01
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NATIONWIDE ADVANTAGE HTG
Ii!I022
.
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NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree all follows:
22. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Seenrity Instrument (bnt not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice sball specify: (a)
thc default; (b) the action required 10 cure the default; (c) a date, not less than 30 days from the date
the notlcc is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specilled in the notice may result in acceleration of the sums secured by
this Security Instrument, foreclosure by judicial proceeding and sale of tbe Property. The notiee sball
further infonn Borrower 01 the right 10 reinstate after acceleration and the right to allier! in the
foreclosure proceeding lbe non-existcnce of a default or any other defense of Borrower to acceleration
and foreclosure. H tbe default is not cured on or before the date specified in the nolice, Lender at il$
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 jndicial proeeedinll. Lender
shall be entitled to collect all expenses incurred in punning tbe remedies provided in tbis Section 11,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
13. Release. Upon payment of all sums secured by this Security Instrument. Lender shall release this
SllCUrity Inslnimcot. Lender may cbarge Borrower a fee for releasing this Security Instrumcot, but only if
the fee is paid 10 . third pany for services rendered fllld !he charging of the fee is permitted under
Applicable Law.
24. Waivers. Borrower relinquishes all right of dower and waives all right of hOmc5tead and
distributive share in and 10 !he Property. Borrower waives any right of ""ClDption as 10 the Property.
25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD
PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND
EXEMPT FROM nmIClAL SALE; AND TIlAT BY SIGNING TlDS MORTGAGE, I
VOLUNTARILY GIVE UP MY RIGHT TO TInS PROTECTION FOR TInS MORTGAGED
PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE.
B01TQWCr
~ C/~J..A.J}-(JY
BOlTower BENJAMIN C KERNS Date
0...
Borrower
~\. ~ l\tJfrlS
Borro...r ELENA A KERNS
i2/1"J/o4
D.",
0...
Bonower
Date
80rTOllIIC'F
Do.f'
Bor.ower
Dal.
Borrower
0...
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PI91l13,,"5
Form 3016 1/01
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NATlUN1UVh AVvANTAe;t: MTe;
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26. RedeflJplion Period. If the Properry is Jess Ulan 10 acres in size and Lender waives in any
foreclosure proceeding any righL La a deficiency judgment againot Borrow"" the periOd of redemption from
judicial sale shall be reduced to 6 monLhs. If the court (mds that the Property hes been abandoned by
BOITower and Lender waives any righl 10 a deficiency judgment against BorrowCf. the period of
redemption from judicial sale shall be reduced to 60 days. The provision. of this Section 26 shall be
construed'to confOJ:m to the provisions of Sections 628.26 and 628.27 of the Code of Iowa.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF TIBS AGREEMENT SHOULD BE
READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO
OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT
MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF TmS AGREEMENT
ONLY BY ANOTHER WlUTTEN AGREEMENT.
BY SIGNING BELOW, Borrower accepts and agrees La the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Wimess..:
-~~ ( /~
BENJAMIN C KERNS
(Seal)
.aOmlwcr
Bu\O-.. . (\ l<Jil'6
ELENA A KERNS
(Seal)
-Borrower
(Seal)
-Borrower
(SeoI)
..Borrower
(Seal)
..Bonower
(Seal)
-SanaWI:!'
(Seal)
-Borrower
(Seal)
-Bl)rTOwcr
~-6UAllQOO!U
..
PilQe ',40/ 16
Form 3016 1/01
...0.1 ............
l'1A.1.1Vl'lfYlUJ:. iWVANTA(,:i!:; IU"G
141024
..
~
"
STATE OF IOWA,
DUBUQUE
County 55:
On mis 13th day of December 2004 . before me, a Notary Public
in the Slale oflowa. petsonally appeared BE:NJAMIN C KERNS and ELENA A KERNS
to me personally known 10 be the person(s) named in and who executed the foregoj)lg WtrumeJlt, and
acknowledged thai he/she/mey executed the .ame as bislher/lboir voluntary act and deed.
~~ JANrLLE NICKOlAS
i ,. ~ CornmlSSIOII Number 18'l123
. . My . Ian Elpir.
--"l.J;
My Commission Expires:
. -6(!AIIOOOOJ
..
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P/Jartfi (1'15
Fonn 3016 1/01
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NA,lUNW1Vb AVVAN,Aub M,u
141025
.
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R1DJ:R TO MORTGAGJ:
This Tax Exempt Flnandng Rider made this 'elate, Is Incorporated inlO and shall be deemed to amend and
supplement the Mortgage of the same date given by the undersIgned (the "Mortgagor") to sBcur~ the Mortgagor's N~ to
DUBUQUe BANK & TRUST CDMPANY (Ilereln. th. "landa"') and covering the property
property da.oribed in III. Mortgage (lIIe "Property") 10 wllict1 lI\i$ rider Is adact1ed.
Th. ptQvfsions hereof shaD pravailnotwithstanding any contrary provisiOns In any note or other InSb\.lmanc
Which evlClences the obligations sel;uted by the Mangase,
As long as me Mortgeg. is Ileld by m. Iowa Finance Aulhorlty or backs e mOllgage-baclced securily held by
die Iowa Finance Authority. Nadonwide Ad\lllntage M0Il9.ga Comp.ny I'~e ~Servioer") or such ollis .uccassora or II8IlignS
as may by separate insbumeflt 8.sume respansib~ity for aGl.&ring compliance by the M~r1gagorwilh the provisions af
thia R.icIer ,may dGCla~e all sums secured by the Mortgage to be Immediately due and, payable it
(1) all or pan of the property is sold or otherwi... transferred ( o!her II\Bn by devin. d..aln! or opemIon
0" law) by the: Mortgagor to a putchaser or other transfeMa~
(a) wIlo cannot r8IISooably be ..pecled 10 OGOUPy the property as a principal residence will1in a
....onable time after the sale or transfer. all as provided In Section 143(c) and (1)(2) of thalntemaJ.
Revenue Code of 1088, .iilSi amended (ltle. Cod."); or
(Il) wilD ha. had a preoent ownelS~lp Intereslln a prindpal re.idence during any pan of IIIe
throe-yoar period ending on tho dale of "'a ..Ia or 1ril11$"', alias prDIIldod in. Seclion 143(d) and
(1)(2) 01 tile Code (exceptthet Ihalanguage "100parcenr .hall be .ubatiluled for "95 po"""'l or
more" where thelaner appealS In 5eCUon 143(d)(1)). unl_iIl. property Is In a Targaled Area: or
(c) at an acqulsillon C05t which is greater than 90 percent of the average lIrH porcha,. prk.a (grastar
dlan 110 percent ror Targeted Aroa 'esldencea). .11 a. provided In SocIion 143(e) and OX2l oIlhe
Cod8i or
(d) wtlo has a gross family im::ome not In excess of applicable median family Income; all i1S
prollldOd In Sadion 143(1) and (1)(2) of 1he Code; or
(2) the Mortgagor falls, or ceo..... to oocupy lIIe property described In lhe Mortgage wilhout the prior
written consent of the Mortgagee or its successors or asaigr\5; or
(3) aha Mortgagor omits or mlsteprsunts a fact that Is material with raspect 10 the pro'llisJOt'IS ot Seclian
143 of the Code in .n appllca.lon for Mortgage whlct1 secures lhe Nola.
References are to the Intemal Revenue Code of 1986. as amended, in effect on the dale of the exeamon of the
Mortgage and are deemed to indude the Implementing regulations,
8y signing below. the Mortgagor(s' accepts and owo.. 10 the lerrn. of this To> !:xompl Financing RIder.
0..., Deoembor 13. 2004
B~(~
8ENJAMIN C KERNS
Typed Nama
801M^- ~y\f.
.Co-BQtrOWer
aeNA A KERNS
Typed Nllmo
STATe OF IOWA
COUNTY OF
DUBUQUE
)
)..
)
On II\ls
13th
day of
DECEMseR. 2004 ,befure mo epp"",.d BENJAI\lIN C KERNS AND ELENA A KJ:RNS
10 ma known 10 be the person(s) d..cnbed inlhe foregoing
instnJmeot. and who. bCllng by me first duly swam. pecutad the foregoing iflstrume and acknowledged, d.po&.~.
and .said that he/she/they eX8cutad the same as hislhetJlneir fre8 deed B stated that e 1n I
CIilrtificatioM contained thareln are true and correct. .. '
, ~ '
.Notary Public In and tor Ihe County 01
DUSuaUE . State
My Commission Expires:
... JANELLE NI KOLAS
0" X:): Comm,s&,on Number 189-423
~a. My Commi55IOR &pi,*,
, "':-
MRB14
, UY/Ul/2006 07:52 FAX 515 27~ 8000
NATIONWIDE ADVANTAGE MTG
1aI026
. c.. .
m.~KI~lli~limIIIUII~1
Ooc 10: 005063500001 TVPI: GEN
Recorded: 12/14/2004 at 03:00:20 PM
Fee Amt: $7.00 paae 1 of 1
Dubuque county Iowa
~ethv Flvnn Thurlow Recorder
Flle2004-00021745
Prepared by: Linda Wessels 1398 Central Ave. Dubuque, low. 52001 (319) 589-2144
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
That Dubuque Bank and Trust Company, a cOIporation duly organized .lId existing under the laws of the State
of 10_ Assignor, in consideration of me sum of Filty-Sbl Thousand Two Hundred Sixty dollars and nol100
DOLLARS ($56,260) in hand paid by N.tionwide Advantage Mortgage Company Assignee, receipl wbercofis
hereby aclcnowlcdged. does hereby sell, assign, traDSfer and set over, to me Assignee, its successors and assigns, tbat
certain mortgage executed by Benjamin C Kerns and Elena A Kerns Husband and Wile, Mortgagor(s} bearing
the date of the 13" day 01 December, 2004 filed forrecord in the Office of the County Recorder of the COlD1l)1 of
Dubuque, Slate ofIowa, on !h. ~ day of Dectl1lba:-, 2004, and recorded in Book , Pig.
. as Document Numbcr 2MJ4-2111f9 of the Dubuque County, Iowa records, and the Mortgage Note
Tela ling thetein.
TN WITNESS WHEREOF. this instrument is executed this 13" day of December, 2004.
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DUBUQUE BANK AND TRUST COMPANY
TInE: ornas D Gonc r
BY:
BY;
TITLE:
STATE OF IOWA )
} ss:
COUNTY OF DUBUQUE }
On this 13" day of December, 2004, before me, the undersigned Notary Public in and for said County and State,
personally appeared Thomas D Gone Jr, 10 me per5ona1Jy lcnown, who being by me duly swom did say that he i5
the Vice President, of said cOIporation, that me seal affixed herelO i. the seal of said coIporation: that said
instrumenl was signed and sealed on behalf of said corporation by authoriry of its Board of DirecloIS: and thai the
said Vice President "8 such officers acJcnowledgc the execution of said instruIJ\CBr to be the voluntary act and deed
of.aid cOIporation, by it and by them voluntarily exzed ~ J /J $JIJJ .41
~ry Public
Dubuque, State of Iowa
My Canumssion Expires;
i'" LIfIDA S. IlSSW
!l .1' CommiSSlOll Numbell992!it
. . M, eommiuion &IIi..
November 5. 2007
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EXHIBIT "C"
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