Claim by Washington Mutual Bank_ _
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
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WASHINGTON MUTUAL BANK, F.A. ) EQUITY NO. EQCW09629~`.~~f ~~~~ ~;rS Qj;ICB
Plaintiff ~ ~U~?tii~~!L~, ~~'
v ) ORIGINAL NOTICE
RICK E. TUTHILL; KELLY A. TUTHILL; STATE )
OF IOWA; NICHOL MARIE MCCURDY A/K/A )
NICHOL M. EDWARDS; STATE OF KANSAS; )
SECRETARY OF SOCIAL & REHABILITATION )
SERVICES FOR STATE OF KANSAS; CITY OF )
DUBUQUE, IOWA; )
Defendant(s). )
TO THE ABOVE-NAMED DEFENDANTS:
You are notified that a petition has been filed in the office of the clerk of this court
naming you as the defendant(s) in this action. A copy of the petition, and any documents filed
with it, is attached to this notice. The name and address of the Plaintiffs attorney is James V.
Sarcone, Jr., Belin law Firm, "The Financial Center, 666 Walnut Street Suite 2000, Des Moines,
Iowa 50309-3989. The attorney's phone number is 515-283-4624; facsimile number 515-283-
4653.
You must serve a motion or answer within twenty (20) days after service of the Original
Notice upon you. Within a reasonable time thereafter you must file your motion or answer with
the Clerk of Court for Dubuque County, at the County Courthouse in Dubuque, Iowa. If you do
not, judgment by default may be rendered against you for the relief demanded in the Petition.
If you require the assistance of auxiliary aids or services to participate in court because of
a disability, immediately call your district ADA coordinator at 563-589-4433. (If you are hearing
impaired, call Relay Iowa TTY at 1-800-735-2943.)
~.
Y_~
CLERK OF THE ABOVE COURT
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS
~ 1
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
WASHINGTON MUTUAL BANK, F.A.
EQUITY NO. EQCV096291
Plaintiff
v.
FIItST AMENDMENT TO PETITION
RICK E. TUTHILL; KELLY A. TUTHILL
Defendants
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COMES NOW the Plaintiff and for First Amendment to Petition states: c'
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1. The following parties are added as Defendants herein: ~ .>
`_-=~ ` `.
State of Iowa
c;,_.
Nichol Marie McCurdy a/k/a Nichol M. Edwards ==F .
State of Kansas
Secretary of Social & Rehabilitation Services for State of Kansas
City of Dubuque, Iowa
2. The following paragraph 13 is added to Plaintiffs Petition:
13. Nichol Marie McCurdy a/1tJa Nichol M. Edwards is included as a
Defendant herein because of a child support judgment entered against
Ricky Eugene Tuthill, Jr. in EQCV90369 of the Dubuque County, Iowa
records.
3. The following paragraph 14 is added to Plaintiffs Petition:
14. The Secretary of Social & Rehabilitation Services and the State of
Kansas are included as Defendants herein because of an assignment to it
from Nicole M. Edwards of the child support ordered to be paid by Ricky
Eugene Tuthill in EQCV90369 of the Dubuque County, Iowa records.
4. The following paragraph 15 is added to Plaintiffs Petition:
15. State of Iowa is included as a Defendant herein because of:
a. Child support judgment entered against Ricky E.
Tuthill in DRCV092931 of the Dubuque County,
Iowa records.
b. Child support judgment against Ricky E. Tuthill in
EQCV90369 of the Dubuque County, Iowa records.
c. Judgment for $530.38 entered against Ricky E.
Tuthill in SRCR050898 of the Dubuque County,
Iowa records.
d. Judgment for $610.91 entered against Ricky E.
Tuthill in SRCR047103 of the Dubuque County,
Iowa records.
e. Judgment for $1.32 entered against Ricky E. Tuthill
in SRCR029013 of the Dubuque County, Iowa
records.
£ Judgment for $12,687.81 entered against Ricky E.
Tuthill in OWCR045677of the Dubuque County,
Iowa records.
g. Judgment for $396.50 entered against Ricky E.
Tuthill in NTWE752302 of the Dubuque County,
Iowa records.
h. Judgment for $866.40 entered against Ricky E.
Tuthill in FECR025571 of the Dubuque County,
Iowa records.
i. Judgment for $591.15 entered against Ricky E.
Tuthill in OWCR063089 of the Dubuque County,
Iowa records.
j. Judgment for $839.80 entered against Ricky E.
Tuthill in FECR061243 of the Dubuque County,
Iowa records.
5. The following paragraph 16 is added to Plaintiffs petition:
16. City of Dubuque, Iowa is included as a Defendant herein because of
a judgment against Ricky E. Tuthill, Jr. entered July 26, 2001 with a
balance due of $41.25 entered in DUSTWE703654 of the Dubuque
County, Iowa records.
Any liens set out in this amendment are inferior to Plaintiffs purchase money mortgage.
WHEREFORE, Plaintiff prays as in its original Petition as amended hereby.
BELIN LAMSON McCORMICK
ZUMBACH FLYNN
A Professional Corporation
BY ~
J S V. SARCONE, JR.
The Financial Center
666 Walnut Street Suite 2000
Des Moines, IA 50309-3989
Telephone: 515 -243 -7100
AT0006913
D:\WAMU-FLO\Tuthill\Amend-First.Doc
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
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WASHINGTON MUTUAL BANK, F.A. ) EQUITY NO. O/ 3l I ~ Q C i/0 9 (y ~~~
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Plaintiff ) 9 `'~
v. ) PETITION (FOR MORTGAGE
FORECLOSURE AND RECEIVER)
RICK E. TUTHQ.,L; KELLY A. TUTHILL ) '
Defendants )
COMES NOW .the Plaintiff and for cause of action against the Defendants, the Plaintiff
states:
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.
THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR
PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A
WRITTEN DEMAND TO DELAY THE SALE. 1F YOU FILE A WRITTEN DEMAND, THE
SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE
PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF
JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-
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 AONE-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.
1. That Plaintiff is a foreign corporation; Defendants Rick E. Tuthill and Kelly A.
Tuthill are natural persons last known to reside in Dubuque County, Iowa.
2. That on or about the 10th day of December, 2004, the Defendant, Rick E. Tuthill
made, executed and delivered to Hamilton Mortgage Company one certain Promissory Note in
writing bearing the date aforesaid in the principal sum of $89,397.00 bearing interest at the rate of
5.875 percent per annum after maturity, and Exhibit "A" hereto attached and by this reference
incorporated herein and made a part hereof is a true and correct copy of said Promissory Note
3. That at the time of the execution of said Promissory Note, Exhibit "A" aforesaid, and
as a part of the same transaction for the purpose of securing said Note with interest thereon and
other. sums hereinafter mentioned, the said Defendants, Rick E. Tuthill and Kelly A. Tuthill
made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee one
certain Mortgage in writing, transferring and conveying unto Mortgage Electronic Registration
Systems, Inc. as nominee the following real estate situated, in Dubuque County, Iowa, to-wit:
Lot Four (4) in Block Two (2) in Hillcrest Park in the City of
Dubuque, Iowa, according to the recorded Plat thereof. Situated
in Dubuque County, Iowa
and Exhibit "B" hereto attached and by this reference incorporated herein and made a part hereof,
is a true and correct copy of said Mortgage.
4. That on January 6, 2005, the said Mortgage was duly recorded in File 2005-
00000340, of the records of the office of the Recorder of Dubuque County, Iowa.
5. That said Mortgage, Exhibit "B" aforesaid, among other things expressly provides for
the appointment of a Receiver upon the filing of Petition for Foreclosure or at any time thereafter.
5a. The aforesaid Mortgage has been assigned to the Plaintiff herein.
6. That the said Defendant, Rick E. Tuthill, has defaulted in the monthly payment of
interest and principal and has neglected and failed to pay the installments as provided in the
written instrument aforesaid and is now in default of the said payments for several months last
past, and the Plaintiff does now elect to and hereby does declare the whole of said Note and
Mortgage due and payable forthwith.
7. That the balance due on said Note and Mortgage as of December 1, 2006, is
$91,617.62, including principal and interest and advancements, after allowing due credit to the
Defendants for all payments made.
8. That in the preparation of this Petition and cause of action for presentation to the
Court, it was necessary for Plaintiff to employ an attorney to represent and serve it herein, and for
this purpose Plaintiff has retained and employed Belin Lamson McCormick Zumbach Flynn, A
Professional Corporation, Attorneys at Law of this Court.
9. That the Plaintiff is willing and now offers, upon payment of the amount due it as
heretofore set forth, to cancel the Note declared on, discharge of record the Mortgage securing the
same, and to do all things that equity and good conscience may require of it.
10. That Plaintiff waives. its rights to a deficiency judgment in this matter.
11. That a Notice of Right to Cure Default was mailed to the Defendant, Rick E. Tuthill,
more than 30 days prior to the filing of this foreclosure action/Petition and the defaults set out
therein have not been cured.
12. Kelly A. Tuthill is included as a Defendant herein because she is a record titleholder
of the above property and a party in possession of said property.
WHEREFORE, Plaintiff prays:
FIRST: That a Receiver be appointed by the Court to take immediate possession of the
mortgaged premises hereinbefore described, with power and authority and the duty to keep,
repair, maintain and insure the premises, buildings and other improvements thereon; to lease the
same and collect the rents, issues and profits arising which may be had therefrom, and to retain
and dispose of said rents and profits as said Mortgage provides and as the Court may hereafter
determine and direct.
SECOND: (a) That the Plaintiff have judgment in rem, against the mortgaged premises
in the sum of $91,617.62 with interest at 5.875 percent from December 1, 2006, and have such
additional sum of sums as may hereafter be advanced for continuing the abstract of title or other
purposes authorized by. said Note and Mortgage and by Iowa law. (b) For reasonable attorney's
fees upon the Note, interest and other sums advanced by the Plaintiff as set out above, and for the
costs of this action.
THIRD: That said judgment be declared to be a lien upon the mortgaged premises
involved herein from and after the date of execution of said Mortgage, Exhibit "B", to-wit,
December 10, 2004, and upon the rents, issues and profits arising and which may be .had
therefrom from and after the date of filing of this Petition, and that said lien be declazed to be
prior and paramount to the lien and interest of the Defendants upon and in the said property.
FOURTH: That Plaintiffs Mortgage aforesaid, Exhibit "B", be foreclosed, and that a
special execution issue for the sale for the mortgaged premises, or so much thereof as may be
necessary to satisfy the said judgment with interest and costs.
FIFTH: That in the event the property aforesaid does not sell for sufficient to satisfy the
judgment herein, the net proceeds from the rents, issues and profits which may be had therefrom,
from and after this date, be applied upon said judgment until the same is fully satisfied.
SIXTH: That after the Sheriffs sale of the above described premises pursuant to a
special execution issued herein, a Writ of Possession issue herein under seal of this Court directed
to the Sheriff of Dubuque County, Iowa, commanding him to put the Grantee under Sheriff's
Deed in possession of the premises deeded to him, and to remove any Defendants, or persons
claiming by, through or under any of them, or any person in possession thereof, out of such
possession of said premises.
SEVENTH: That Plaintiff have such other and further relief as the Court may find it to
be entitled to in equity.
BELIN LAMSON McCORMICK
ZUMBACH FLYNN
A Professional Corporation
-~ /'~ `~
BY
J S V. SARCONE, JR.
The Financial Center
666 Walnut Street Suite 2000 .
Des Moines, IA 50309-3989
Telephone: 515-243-7100
AT0006913
D:1WA;~N-FI.O\TuthiplPetsetstandard.Doc
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FHA CASE NO.
f®~~1~~~~~~~~ 161- 2125 8 2 6- 7 03
DECEMBER 10, 2004 ~+ +°~
[Date)
2145 CHANEY ROAD, DUBUQUE, IOWA 52001
(Property Address)
I. PARTIES
"Borrmver" mear-s each person signing ai the end of this Note, ant the person's successors and assigns. "Lender"means
HAMILTON MORTGAGE COMPANY, AN ARIZONA CORPORATION (CFL # 6039887)
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; DVTEREST
In return for a loan received from Ltmder, Borrower promises to pay the principal sum of EIGHTX-NINE
THOUSAND THREE HUNDRED NINETY-SEVEN AND 00/100
Dollars (U.S. S 89, 397.00 ), plus intttest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursunent of the loan proceeds by Lender, at the rate of FIVE AND 875/1000
_ percent ( 5.875 ~)
per ywr until the full atrxnmt of principal has been paid.
3. PROMISE TO PAY SECURED -
Bormwer's promise to pay is secured by a mortgage, deed of trust or similar security irutrumem that is dated the same
date as this Note and called the "5mrriry lnstrwnent." The Secttriry Ittstrttcnent protects the Lender from losses which might
result ifBOrrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Timt
Borrower shall make a payment of princ[pai and interest to Lender on the First day of each month beginning on
FEBRUARY 1 , 2005 .Arty principal and interest ranairting on the first day of
JANUARY , 2 0 3 5 , will bt due on drat date, which [s called the "Maturity
Date."
(B) Plact
Payment shalt be made at 2700 NORTH CENTRAL AVENUE, SUITE 1500, PHOENIX,
ARIZONA 85004
or at such other place as Leader tray designate in writing by notice to Borrower.
(C) Amount
Each monthly paymrnt of principal and interest w[I] be in the amount of U.S. S 528 .82 ,
This amount will be part of a larger monthly payment required by tht Security Instrument, that shall De applied to principal,
imttcst and othtt item in the order described in the Security instrument.
(D) Allongt to This Note for Payment AdJtutmenis
If an allonge providing for payment adjustments [s executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part
of this Note. (Qteck applicable boxJ
^ Growing Equity Allonge ^ Graduated Payment Atlonge
^ Other [specify]
em,t.o.
•
MIN: 1001993-0000422951-7 NOTE
Loan Number: 00004-22951
5. BORROWER'S RIGHT TO PREPAY
Botrowtt has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on d-e
frust day of any month. Lender shalt accept prepaytnem on other days provided that Borrower pays interest on the amount
prepaid for the remainder of the month to the extent required by Lender and pcrcrtitted by regutatiotu of the Secretary. If
Borrower makes a partial prepayment, there will be rto changes in the due date or in the amount of the monthly payment
unless Lender agrees In writing to those changes.
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6. IiORROWER'SFAILURETO PAY
(A) Late Charge for Overdue Payments
If Lrnder has rat received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)
of this Note, by the end of Rfteen calendar days after the payment is due, t.ettdcr may collect a tact charge in the amount of
FOUR AND 000/1000 pattern
( 4 .000 %) of the overdue amount of qch payment.
(B) Defauk
If Borrower defaults by failing to pay in Evil any monthly payment, then Larder may, except as limited by rcgulatiorts of
the Secretary in the case of payment defkults, require Immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose tat to exvcise this option widaut waiving its rights in the event of any subsequent
defauh. In many circtunstances regulations issued by the Secretary will limit Lender's rights to require immediate payment
in full in the case of payment defaults. This Note does not authorize acceleration when not permitttd by HUD regulationt.
As used in this Note, "Secretary"meant the Secretary of Housing and Urban Development or his or her designee. '
(C) Payment of Costs and Expenses
if Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attomcys' fees for enforcing this Note to the extent not prohibited by appTiable
taw. Such fees and costs shall bear irderesl from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person wtro has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presetment" mans the tight to require l:.ender to demand payment of amounts dire. "Notice of dishonor" means
the right to rtquire Lender to give notice ro other persons that amounts due have not been paid.
8. GIVING OF NOTIt:ES
Unless applicable law requires a different tnetlwd, any notice that must be given to Borrower under this Note vrilJ be
given by delivering it or by mailing it by first class mail to Borrower at the properly address above or at a different address
if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to tender under this Note will be given by first class mail to Lender at the address stated
in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
!f more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made
in this Note, inchding the prarnise to pay the ftttl amount owed. Any person who is a guaramor, surety or endorser of this
Note is also obligated to do these things. Arty person who takes over these obligations, including the obligatioru of a
guararnor, surety or endorser of this Note, is also obligated ro keep all of the promises made in eltls Note. Lender may
enforce its rights under this Note against each person individually or agalnat ail signarories together. Any one person signing
this Note may be required to pay alt of the amounts owed undo this Note.
T1t4~ORTANT: READ BEFORE SIGNING. THE TERMS OF THiS AGREEMENT SHOULD BE READ CAREFULLY
BEGUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NOT OTHER TERMS OR ORAL PROMISES
NOT CONTAINED IN THIS WRITTEN AGREEMENT' MAYBE LEGALLY ENFORCED. YOU MAY CHANGE THE
TERMS OF THIS AGREE11iENC ONLY BY ANOTHER WRITTEN AGREEMENT.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 2 of this
Note.
RICK E. Z`UTHILL Borrower
+~f1Y TO THE ORDER OF:.
•~i-~!S~~lNGTON MUTt)AL BANK, FP:
_ (SEAL)
Borrower
_ (SEAL)
Borrower
WITHOUT F,CCt7URS
HAMILTON Mh7R E ANY.
AN ARIZONA
BY:
RtCHARt7 CORTI, CFO
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_ (SEAL)
Borrowct
_ (SEAL)
Bortowcr
_ (SEAL)
Borrower
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ADDENDUM TO NOTE
Loan Number: 00004-22951
Date: 12/10/2004
Borrower. RICK E. TU'I'FIILL
PropertyAddreSS: 2145 CHANEY ROAD, DUBUQUE, IOWA 52001
1
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THI5 AGREEMENT SHOULD
BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE
ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS
WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE
TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.
• - __~~~
Bono crRICK E. TUTHILL Date Borrower Date
1
Borrower Date Borrower Date
Borrower Date Borrower Date
f IOWA ADDENDUM TO NOTE pip ~~},,~T `
09!12!03 www.doem~giFSUn 1
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Doc ID: 003078030007 Typs: OEN
Recorded: O1/OB/2005 st 11:19:10 Ati
Fee Amt: 537.00 Pepe i of 7
Dubuque County Iowa
Kathy Flynn Thurlou Recorder
Fils2oo5-OOOO0340
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MIN: ]001993-000O~~z9s~?1~~'dpRTGAGE 161-2125826-703
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THIS 1vlORTGAGE ("Security Inettur»rnt"} is given on DECEMBER 10, 2004
The mortgagor is RICK E .~T'UTHILL QX~d ~,~`~ ~Tti ~-~ ~ 1 ~ ~/
~, £, ~ ~ ~lr~~t,rd Otte W 4 ~C.
("13orrcn~x:r"). 'Thin Security 1rL~lruln4hlt is given to
Mortgage Electronic Registration System, lc~, ("HERS") (solely as ronniltee fur Letldcr, as her~irratter dc:fned. and
I.erldei s sucx~son and assigns), as brrx:ticiary. MFRS is organized and existing under flee laws of Delaware, acrd has
an addrrw~ and telephone number of P.O. Box '_02G, Fliut, Ml 48501-30?6, tel. (888} 679-1vlERS.
HAMILTON MORTGAGE COMPANY, AN ARIZONA CORPORATION
("l..endrr") is vrgarlized arld exi;.~ing
under the taws of ARIZONA • and
has art adduss of 2700 NORTH CENTR.AI, AVENUE, SUITE 1500, PHOENIX, ARIZONA
85004 '
Burrower owes l.,ender t11e principal wen of EIGHTY NINE THOUSAND THREE HUNDRED NINETY
SEVEN AND 00/100 Dollars (U.S. $ 89, 397.00 )•
This debt is e.idrnu~d by &~rmwer's ncxr dated the same date as this Srt;urity Imtrument ("note"}, which pmvidrs
tier monthly payments, with the full debt, if cwt paid earlier, due and pa~ablr un JANUARY 1, 2 035
Tlris Security hrsttwnrnt sccuus to Letrder: (a) der rcpaynrcrrt of the debt rvidzlu:cd by the Dote, with interest, acrd
:Ill rCnewdlS, extCrlf!0r1.1 and nlodificarions of the 1~`otc:; (b) the payment ufall utlrrr sung, with intrust, advrucrd under
paragraph 7 to prntcxt the uti;urity of this See:urity Itt~trurrnnt; and (c) the; prrtirrmarrre of &rmrwrr's covenants and
agrc•cnlents under this Security hlururnent and the Notr. For this purpose, Borrower dory hruby rrxrrtgage, grarurnd
convey to HERS {,vilely as Ixrn-ircee fur Ixnder and Lender's wrcessurs and accigns) and to the suur.~..ors alld assigac
of MFRS the following dc~rribrd property located in DUBUQUE
County, Iowa:
LOT FOUR (4) IN BLOCK TWO (2) IN HILLCREST PARK IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. SITUATED IN
DUBUQUE COUNTY, IOWA.
A.P.N. #: 10-22-402-005
i=11A IOR'A 110H'FGAG}; - ~1ER4 614Ci
I?~aanm, sYucw. Irc.A706i RrJ 1.72 ['age I tai 7
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which hats the addrc.~ of 2145 CHANEY ROAD
iStrrrt(
DUBUQUE fovea 52001 ("Property Address");
City) 1%ip Cudrl
TOGETHER W)TH all dtu impruvcnrrnts now ur herrsfter rrex:tcd wr the propcny, and aA rasrrnentc,
appurtenatn:rs, aril fixtures now nr hereafter :t part of the pmperty. All replacements and additintu slrafl alsn be
covered by this Security Inuruntent. All of the foregoing is refetnd to in this Security Irtcwmrn[ as the "Property."
Harrower unde:rsunds anti agrt.~es that MFRS holds only Itgal title to the interests granted by Borrower in this Security
hrstrument; but, if nece.,-~:try to wmply with law ur custom, hIERS (ac nrnrrinre for Lrrrdrr and L,ender's sut:cxa~rrrs
and accignc) has the right: to earnise any nr all of those interests, itxtuding, but rtot limited to, the right to faret:lacr
and sell the Property; and to take any action required of Lender including, but nut limited u,, nlrasing or carrtxlinb
this Security Inctruntent. ~"
BORROWER COVENANTS that Bnrmwcr is lawfully seised of the t:atate hereby cuuveyrd and ha_c d,r right to
tnnrtgage, grant and convey the Properly arxi drat the Property is unencumbered, except Car encumbrances of n~t:ord.
Born-wer warrants and will defeird generally flee title to the Prt,perty agairtct all clairne a»d deurrnds, subject W any
rnt:umbrarnxs of re~.ord.
THIS SECURITY INSTRUMI=NT wmbinrs w»form cY,ven:tntc fnr ttatiatrrl oar and tton-uniform cavrnantc with
linritetl variation> by jurisdiction to cnttctitute a unifortu :+re:urity instrument covering real property.
UNIFORM COVENANTS. &-rrvwcr arrd Linder covctrant and agree as foUuw>:
1. Payment of Principal, Interest and Late Charge. Borrawrr shall pay when due fire principal of, and interest
on, the debt evidenced by the Nate and tare charges due under the Nnte.
2. Momhly Payment of Taxes, tt~ttarrex. and Other Charges. Borrower shall include in rack nxrnthly paynrrnt,
u,gcther with the principal and interest ae set faith in fire Nate and any late charges, :t sum fnr (a) taxes and aperial
acsc:ssrnrnts levied or to br Irviedrgairut the Property. (b) lrasrhnld paynrentc ur ground rcntc on tl-c Property, and
(c) pretniunrs tot irtcuranc:e required urxlcr paragraph 4. let any yt.er in which the Lender mint pay a rru-rtgage
insurance pentium to the _Srcr~K:try of Housing and Urban Ucveloprnent ("Srt:retary"), ar in any year in which such
premium would have been required if tinder stilt held the Security ht~runx:nt, rich monthly payment shall alst-
irxtude either: ~) a sutrt for the arutual rtx-rtgagc intiuraa-:a premium w be paid by Lender w rhr Secretary, ar (ii) a
nxmthly charge imtrad of a rnartgagr itt.~urance pre:rniutn if this Security It~•trunrrnt is held by the Secretary. in a
reasorrablr arrx-urrt to be drtcrnrinzd by the Secretary. Except for fire monthly charge by flee Secretary, these items
are called "E,u:raw Itenu" and the autnc paid to Leader are called "E,ccrow Fonda."
Lender trray, at a»y tune, collect and hold amounts for Escrow itrntc in an aggrrgrtr arrnwnt not w exceed the
nraxinrum atnnunt that rn:ty be required for Borrower's ra:row account urrdrr the Rral E.ctatr Scttlemrnt Procedures
Act of 1974, 12 U.S.C.§ 2t>01 rt sr .and intplrrnentiug regulations, l4 CFR Pan 35()d,as d,ry Wray be amended from
time to time ("RESPA"}, except that the cuahion ar r~cene pernrittrd by RESPA far unanticipated disbutsrtnrnte or
disburst:ntrutc before the Borrower's payments are available in the account nr;ty rmt br board an amounts due for the
mortbagr incurarx:e prrnrium.
t-'ttw town uc.,ttTCnct: - ut:ks ~ ~
rxacoa-opS.~strne. ,,e ;'.DO. 6+4~s~e t'.~gC 2 or 7
~~~."~t
If the an-ounts held by !..ender for E.~:row )teme exceed flee amounts pennittrd «) br held by RESPA, Leader shall
accoun[ to &)rrower fur the ex-:rsi fund. a.e required by RESPA. If the anrctunts of funds held by [xt-drr at any dnx:
are not svlhcient to pay the E.~:row Items wken due, Lxttder rrt:ry no[ify the Burrower ar-d require Burrower to make
up tl-r st-.ntagr as prnnittrd by RISPA. .
The Escrow Funds are pledged as additional security fur all sump se~:urcd by this S-~:urity tna~rumcnt. If Born)wer
tcrrders to Lender tt)e full payn-er-t of all sue:h strrrrs, Borrnw~er's account shalt be credi[rd with the balanc:c n:n-;tining
for all ittstallntent items (a), (b}, and (c) and any mortgage itteurarur premium inctalhnrnt that Lender has not beu)me
obligated w pay to the S~:uttry, and Lender shall promptly refund any excess fur-ds w Bormwrr. Immediately prior
to a ti>rct.tosure sale of the Property or its acquisition by lender, Bcxrower's account shall be -:rrdited with any balarn.e
untaitting for all in~-talhnrnts for itetnt (a). (b), and (c).
3. Application of PaymeM.~_ All p:tyntrnts under paragraphs land 3 shall be applied by Lender as follows:
FIRST, to tl-e ntongage insurance premium to be paid by lender to the Secretary or to the monthly charge by
the See:retary irnYead of the monthly mortgage insurattcr premium;
SECOND, w any taxes, spexial assesentenec, leasehold pa)nrtrnte or ground rents, ar-d tier, Ilooc! and other hazard
ittsuratu:e premiums, as required;
THIRD, to intrust due under the Note;
FOURTH, w anturtizttion of dte principal of dte Nute; and
FIFTH, to !are charges due under the Note.
4. Fire, Flood and Other flarrrd Insroratrcx. Bc)rruwrr shall ir-.cttre all impruvrmentc on der Pmperty, whether
now in existera:e or subsequently erected, agai»,u any hazards, casualties, artd continge»cies, including fire, for whit:h
I.r»drr rtiquires insurance. This it~~uratu:r shall be tnaiutained in the ann)unis and fur the periods that Lender
requires. &)rruwrr shalt also insure all intprovetnents on the Property, whether ttt-w in rxitiYrntr or wbsequcntly
erected, against foss by flcx)ds to the extent required by the Srcutary. All in~roranrr shall be carried with cunrpanies
approvtxl by Lender. Thr insurance polities and any urtewals shall br held by Linder and shall include Ions payable
t{aujes in favor uf, and in a form acceptable tu, !.ender.
[n tl-e event of lusi, Born)wer shall t!ive Lender i)untediatr notice by nail. Lxndrr nr:ty make pnx)f of loss if cult
made promptly by Burrower. Cash irtsurat>Le company cotx:erncxl is hereby authorized ar-d directed to urtke payrttent
for such loss dircttly to Lender, instead oC to Bormwrr ar-d to Leader jointly. All or any part of the it~urarn:t
prcx:reds rn:ty be; applied by Lender, at its option, either (a) to the rrduc:tion of the indebtedrtrss w-der the Note and
this Security lrturumrnt, first to any delittyuent artx)unte applied in tl-e order in paragraph 3, and then p) prepayment
of principal, or {b} w the restoration or repot of the damaged Property. Any applic:acion of the pra:eeds to flee
principal shall not extend or pustpu-tz the due. date of the ttx-nthly payments which are ieferred «~ in paragraph 2, or
Cll:nlge the an1UU11[ of such payn-ertts. Any Cxcess insurarn.~e proceeds over an anwunt required to pay all outstanding
indeb[rdnc~ss under the Note and this Security Ltsttun-rnt slrall be paid to the entity legally entitled t1-ereto.
In t1-r event of fbreclosurc of tl-is Security irtstrutttrnt ur other trarcefer of ticlr to the Property that exringuishes
d-e indeb[edncss, alt right, title and interest of Burrower in and «) insurance policies in force shall pass w the
punhascr.
S. Oocuparrty, Preservation, Mait[te:nartce atd Protection of the Property; Borrower's Loan Appliic~atior~
tt~.celtolds_ Burrower shall utcupy, establish, and use the Pre-perty as &)rruwer's principal residence within sixty days
at'ter the cxc~:utiun of this Srturity Imtruu-cnt (or within sixty days of a iatc:r sale ur trancfrr of the Property) and shall
continue to occupy the Properly as Borrower's prirx:ipal r~esidrrx:e fur ac Iract one )t~arafter the date of rxwvpancy,
un{cs~ tl-c !.ender dcterniines that requirement wilt cause undue hardship for Borrower, or un)res extenuating
tinwn:~:tntrs exist which are beyond Born)wet's control. Borrower shall m)tify tinder of any rxtcnuating
tin:unt~tartcrs. Bormwer shall rtc)t comroi[ w•asu or destroy. damage ur substantially change the Properly ur allow the
Pn)pcrty to deteriorate, uasonable wear and tray excepted. Lender ntay inspect the Property if the Property i.. vacant
or abandmted or the loan is in default. tinder may tale reasonable action to protect attd preserve such vacant or
abandoned Property. Bormwrr shalt alu) be in default if Borrower, during the loan application procrs~s, gave tn:tcerially
false or ittat_-ruratc infi-rtnatiun ur staten)ents to Lr-rclrr (or failed to provide Lrndrr with any u-:tterial infomratiun)
in totmection with tl-r load evidrrrrrd by the Notr, including, but not litstited ts), representatio--s Ct)tlCrrr)lttg BUrn)wrr'S
cx:c-rpat-cy uf'thr Pmprrty as a principal residence. lftltis Security It)strun-cnt is on a leasehold, Borrower shall comply
with the provisit)ns of the Irasr. If &)rn-wcr acquires fee title w d-c Property, the leasehold and tee title shall cwt
br n-crged urrlrss Lxndrr agrees to the nrrrger in writing.
t-ttn town n~tnt:Tr::ira-: - nnt;tcs s~
rl.~vmt ay,~em+, tor. Groot dsv-tuc t'~ge 3 of 7
tilufAd.nuy
6. Cotsderrsrtatioo. The procrrds of any award or claim fi-r datn:sgrs, direct c-r cottsequrrttial, in connection with
any wndrsttnation or odsrr taking of any part of the Proprrry, or fix cnnveyasut: in pl;st:r o1' conden-nation, are hrrcby
assigned and .hall br paid to Lrndrr to the extent of the full amount of she indebtedttesc drat rrn-ains unpaid under
the Note and this Security hLtitrument. Letsder shall apply ouch prt-cerds to the reduction of the iudrbtrdness wsdrr
the Nuts and dais Security Irestrumrnt, lira'[. to any drli-squem atnc-unts applied in the urdrr provided in paragraph 3.
and tlsen to pn:paytttent of principal. Any application of the pn~eeeds to the pristt:ipal shall nc-t extrrtd or postpotse
the due d:ste of the rnonth)y payu-enL+, which are rel'errrd w its paragraph 2, or change the arrmunt of such paymrnts.
Any exce.~~s proceeds over an anu-unt rc~quirrd to pay all outcasnding indebtedness wtdrr the Note asd this Srt:urity
Instronsent shall bt: paid to the rntity legally entitled d-rrrto.
7. Charges to Borrower and Protection of Lt~tsder's RigbLc in the Property. Hurrowrr shall pay all governnsental
ur mussicipal charges, tints and inspositiwLC that are Hat included in paragraph 2. Bt-rn-wer stsall pay these obligations
an tintr directly to the rntity which is owed the paynsrnt. If 1'ailurr to pay would advrrsrly atTet:t Letsdrr's intermit in
the Property, upon Lesuler's requeti~t Born-wer shall promptly furnish to Lender recripLe evidencing these payrnrnLc.
]f Borruwrr fails to make three payutentc ur the payntenLs required by paragraph 2, or fails w perform any odser
co-rntnLC assd agreements u-ntaitted in this Security Inctrunsrnt, or there is a legal prtx:eeding that nsay signifiusntly
aff'CCt Lender's ilgllLC Ill d1C Property (suoh as a pruceedittg in bankrup«-y, fur condemnttion or to enfon:e laws or
rcgulation~), then Letsder Wray du and pay whatever is necessary to pmtc~t.1 the value of dse Prupeny astd Lender's right.
in the Prupeny, isscluding payment of taxes, haiard insurassce as-d other itrn~ tneutionrd in paragraphs 2.
Any ansuunte disburcrd by Lettdrr under this partgraph shall brcousr an addition.•tl debt of &-rrowrr arsd be
securtd by this Security lntruntrnt. Th~wr amounts shalt b~•ar intrrrst from the date of disbursrntc;nt at the A'ote rate,
and at d-e option of Lrndrr shalt br intnsrdiatrly dsse and payable.
Borrower shall pmmptly discharge any lien which ha.. priority Duct this Security Imtrumrnt unlrs 13s»mwrr: (a)
agrees in writing to the payment of dte obfigatiun secured by the lien in a trsantter acceptable to Lender; (b} contrsLc
in good faith the lien by,or defends agaiaet enfort.•rntettt of the lied in, legal proceedings which in dte Lender's opinion
operate to prevent dse enfon:etnrnt c-f the lien; or (c) secures frotn the holder of the lien alt agreenxnt satisfx:tory
«> i.ettdrr subercditsating the lien w this Security lmtswttrnt. If Lender drtt:nnint;c that any part of the Property is
subject to a lien which stay atuin priority over this Security hssnumrnt, Lender Wray give Borrower a trotice idrutifying
the lira. Burrower shall satisfy the lien or take one ur more of the actimLS set forth abt-vr within 10 days of the giving
of Holier.
8. Fe~_ L.ender m:ty collect fens •and charges authorized by the Secretary.
9. Grounds fur Atxxletation of Debt.
(a) Default. Lrndrr ns;sy, rxcrpi as limi[rd by regulations issued by dse Secretary in dtr cast of payment
default., require immediate payment itt full oh' all sutsLV secured by this Security lnctrunx;rst if:
(i) &-rrowrr drfaulLS by >~ailing to pay in full any nwnddy payment required by this Security In•~truntrnt
prior to or un the due date of the [text mtntthly paynsrnt, or
(ii) Botrowrr drfaulL~ by failing, fur a period of thirty days, «~ perforns my other obligation. 4ontaissed
in this Security Inuruntent.
(b) Sale Withota< Credit Appmval. Lt:ssder stsall, if permitted by applicable law (isnluding station 341(d) of
the Gans-St. Germain Drposiwry Institutiossc Act of 1982, 1Z U.S.C.1701 j - 3(d)) and with the prior appmwal
e-f the Srcrctary, require imHSrdiatr paynsrnt in full of all sums secured by d-is Security Itrntruntent if:
(i) All or part of the Property, ur s brneticial interest in a trust i,wtsing all ur part of the Property. is sold
or othrrwisr tratL~fetrrd (other than by devise or dest:ent), and
(ii) The Pmprny is not cx:cupird by the punha.rr or granter as t-is or her principal rcsident:r, ar the
pun:hacer or granter dues st- occupy the Prupeny, but his or her credit hoc sxst been approved in
accurdanee wi[h the requirensrntc of the Secretary.
(c) No Waiver. tf cin:unLetarst:es cxrur ttsat would permit I.ersder w rrquirc immediate paymrs-t in full, but
Lender does nest require such payntenL~, Lender dots nut waive iLc rights with respect to subst.'queat evrntc.
(d) Regulations of HUD SecnKary. (n many cirt:untetancth regulations issued by ttst: Secretary will limit
l.rndrr's rights, in the cam of paysneut dcfaulLe, to rryuire insnw,diate payment in full assd fi-rrctosr if ttt-t paid.
This Security ]nstntntent does not authorize accrlrration ur ti-rtxlosurr if nut permitted by regulations of the
Sc~s:rctsry.
111:1 N~wA NUNTGAGG -MFRS C~6
tww.oa _ysmw. wr ~~oo, Hwy+~ 1'agc 4 or 7
,~.~; K.
AtiaMss.crcf
s~ '
{c) Mortgage Not Imwt~d. Borrower agrre+ drat if this Security Itts[tvmrnt and der )\'utr are not detern-ined
to be eligible for insurance under the National Nausing Act within 60 DAYS fn>m the
date hereof, Lender may, at ire option require immediate payment in full of all avrt>.. ,~:urrd by this Security
1»strun,eut. A written staten,rnt of any authorized agent of the Sc~:rec,ry dated subsequent to 60 DAYS.
fmnt the date hereof, dc~e:linirtg to i,t~'urc this Security Itr:tru,nent and the
Rote, shall br deemed couclusivr proof ol'strch i,~[igibility. hotwith~anding the Foregoing, tl-is option pray
not br exen;ised by Lender when the unavailability of iasur:u,ce is solely due «+ Lender's failure «> remits
nrortgage in~7trance premium to the Se~:retary.
It). Reinstatement. Bc+rruwrr l,ac a right to be reirutated if Lender hax rrquirrei immediate payment in full
brt:ause of Borrower's failure to pay an amount due under die Note or this Security Inctrunteuc. This tight appl'ses
even after foreclosure prrx:eedings are imtitutrd. To rcin.,~tatr the Security lnrtrument. Burrower shall tinder in a lump
sum ail amounts required to bring Borrower's :u:count current int:ludirtg, tr+ the extent they are obligations nt'Btrrrower
under this Sa;urity llstrulronl, foreclosure costs and reasonable and cuswntary attorr,rys' fees and rxpra,-ec properly
aswciatrd wilt the foreclosure proceeding. Upon rcimtate,nrnt by Snrmwrr, this Security Instrurnrut acrd the
obligation. that it srcurrc shall rcnwin in effect ae if Lender had nut rryuired tmntedtate paytrtent in full. However,
Lrndrr is not required w prnuit rei,t+tatrrnent if: (i) Lender has asx.•rpa-d rrinu:,tentent after the camnirt~rtnrnt of
foreclosure proceedings within two yran irnmediatcly preceding the comnteruxment of a currcru fitrct:locure
prcx:rrding, (ii) rcinstacernent will preclude titreclosurc on differtint gmunds in the laturr, or (iii) reim-ratetnent will
adversely affe+x the priority of the lien created by this Sexurity i,twun,rr,c.
I1. Bttrmwer 1W,t Relt~sed; Forbrarirtce by Lender Not a Waiver. Extension of the time of paytnent or
modification of amt+r[ization of dtr soots secured by this Security lrntruntrnt granted by Lender to any suece~or in
intrr~wt of Burrower shall not operate to release the liability of d,r urigirtal Borrower or &+rrowrr's stttti~rssc,rs in
interest. Lender shall not be required to romrneru:e proceedings agaittet any succeccor in interest or refu+~ to extend
time 2i+r payntrnt ur otherwise modify amortization of the sums secured by this Security htctrument by reason of any
drttrand tnadc by the origitetl Borrower or Borrower's sutxrssnrs in interest. Any forbearance by Lender in exrn:isiug
any right ur retttedy shall riot be a waiver of or preclude the exercise of any right or remedy.
l2_ Successors and Assigns Bound; Joint a~ Several Liability; Co-,Si6rers. Thr cttvrtwnts and agrcrn,ente of this
Src:urity lustrwnrnt shall bind a»d benefit the sus:craatrs and assigns of Lender and &+rrowrr, subject to d,r provisiurtc
of paragraph 9tb). Borrower's c:uvrtwntc and agrrrmenU shall br joint and several. Any Br+rrowrr who a,-signs [Iris
Security Incttvmrnc but does not execute the Notr: (a) is co-signing this Security Inuntmrnt only to mongage, grant
and convey drat Borrower's interest in die Property urtdre tl+e ternts of this Security h~lruntrnt: tb) is cwt perso:tally
obligated to pay the .vm,+ secured by dies Security In~rumrnt; and (c) agnxc that Lender and any other Bc+rruwrr ntay
agree to extend, modify, forbear or make any accummodatiotts wilt regard to the trnttti of this Security Atctrumertt or
the Note witlx+ut that &,rrower's consent.
13. Notitxs_ Any notice to Borrower provided li>r in d,is 5eeurity Instrutnrnt shall be given by delivering it or
by mailin6 it by fiat class mail unless applicable law requires uac; of atwd,er method. Thr rn>tice shat! be directed to
d,e Property Addrr,,s or any other address $orrowrr design;ttrs by rrotice «+ Lrttdrr. Any troticr to Lender shall be
given by first class mail to Lender's addrrsc stated herein or any address Lettckr desigr,atrs by troticr to &+rmwrr. Any
notice provided for in dies Src:urity In+trunnnt shall br dernted to have been given W Borrower or Lettdrr ahcn given
as pn+vidrd in this paaragraph.
14_ Guvrrnrng Law; Severability. This Sr•,:urity Inur:tn,rnt shall be goti•rrrnd by federal law and the Iaw of the
jurisdiction iu which the Property is lercaced. !n tl-e evetu that any provision or clause of this Security btsttvtnrnt or
the Notr conflicts wilt applicable taw, such conflict shall not affect ud,rr pmvisiottc of this Se~'urity Instn-nu:nt or der
Note which ran be: given rt~ect without doe contlirting pn>visiun. To this end the provisions of d,is Security Insttt,tttenl
attd the No[r arc dex:larad to br severable.
IS_ Borrower's Copy. Borrower shall be given one cor,formrd copy of dtr Note and of this Security Inatvnu:nt.
16. hazardous Substaro~. &>rcower shall trot cause or pennic dtr prcsrrtcr, use, diaptrwl, ste-ragr, or release of
any Hazardous Substances on or in the Properly. &,rntwrr shalt txtt do, to+r allow anyone else to do, anything
ati'ec:ting der Property that is in viola[ian of any Environnrenta! Law. Thr preceding two sentrtues shall trot apply to
the presence, u.5e, or storage on the Property of small quantities of Hazardous Substances that are generally ra:ugnized
to be appmptiate «+ ,xrrrnal residential uses and to ntainter+arx;r of der Property.
rttn tow:[ ~toxrc.~~ct: -;Hrus ~~
Dms:wd N~lam_ he ccl00. ~+9-~lE t'agc 5 ur 7
~.~ ~ ~ ?--
AfiuP.uS.cate
Borrower shall prom)idy give Lrttdrr written rwliCe of any invrstif!ation, claim, drnrirrd, lawsuit or other action
by any governmental or regulatory agency ur private party involving the Property and auy Hazardous Substance nr
Envirofuraental Law of which Borrower has actual kru-wlrclgr. if Bom)wer lrarnc, or is frotified by any ge-vernrrtettt.•rl
or regulatory autf-ority, that any removal ar utlrrr retnediation of any Hazardous Substances affecting the Pruprny is
necessary, Borrower shall prc-mptly takC all necessary remedial actions in aCC4rdanc~e with Ertvirtnn)frrrtal Law.
As used in this paragraph 16, "Hazarcfaus Substances" are those subswnces defit)ed as toxic or hazardous subsumes
by Envirorunental L•aw and the following substances: ga..oline, krroserre, other flatt)tnable or wxic prtruleurn prudu~~ts,
toxic pesticides and herbicides, volatile srotvents, nra[erials containing asbestos or fonfraldrhyde, -and radioactive
materials. As used in this paragraph 16, "Bnvirann)ental Law" mratcc federal !ax's and laws of the jurisdiction where
the Pn,prrty is lusted that relate to health, safety or rnvrrofrrnetual pn)trctiun.
li`OlV-UIrIFORM COVEyA;•ITS. Borrower acrd Linder further ct,vefwut ar)d agar a.. fi)tluws:
i7_ Assignnteni of Rents. Bc-rrnwer unwnditiu»ally ascigrfs and transfers to Lender all the rcnte and revenues
of the PfUpercy. BurruweC authorizes lender ur Lrndrr's agrnt.~ to collet:t t}fe: rents acrd uveuues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior w Lender's Holier w
Borrower of Borrower's brtiach of any rovrr~ant or agreemettt in the Security lnstrufnent, Bl)rruwCr shall collect and
uceive all rents and revenues of the Pmpeny as [rusu'e fur d>r benefit of Lettdrr and Borrower. This aayignrtnnt of
rents conuitutes an absolute assignnxnt and not an aseignmrnt t'or additional security Holy.
If Lender gives notice of breach to Borrower. (a) ail rents received by Burrower shall be held by Burrower as
trustee fur benefit of Letxler ottly, to br applied u) the .vn)s srctfud by the Security Instrument; (b> Lender shall be
entitled a) wlltx:t aril receive all of dtr rents of art: Pmpeny: and (c) rash centnt of the Property shall pay all rptts
due and unpaid w txr-der ur Lender's agent on Lender's written detuand to are tenant.
Borrower has not executed any prior assigrunent of the rents acrd tfas not and will not perli)rm any act that would
proven[ !.ender from exen:ising its rights under this paragraph 17.
Lender shall not be requin~d to enter upon, take control of or maintain the Propt:rty befora or after giving m)tit:e
of bre:n:h to Borrower. However, Lender ur a judicially appc)inted receiver n><ay do sn at any time d)rre is a breach.
Any application of rentti shall fu)c cure ur waive arty default nr invalidate any other right ur uu-rdy of tx»der. This
acsignmrnt of rents of the Property shall terminate when the debt ;xcurcd by the Security Iruttvnfent is paid in full.
18. Foreclosure Pn)a-dt[re. If lender requires inunedia[e payment in full under paragraph 9, Lender may foreclose
dtis Security Inswrnrnt by judicial proceeding, and any other rcntrdies permitted by applicable law. Lettder shall be
entitled w wllect all expen~s ine:urred in pursuing d-r renfedies prnvidc'cf in this paragraph 18, im:luding, but trot
limitl~d to, re:reonable attorneys' fees and custc of title evidrnc:e.
if the Lt:rrder's intrust in this Security In~truunnt is held by the Srt:retary and ate Secretary requirrc inur~diate
payment in fill! under paragraph 9, the Secrewry may invoke are notajudicial power of sale provided in dfe Singly
Family Mortgage Forc,:lu.~Yfrc Act of 1994 ("Act") (12 U.S.C. 375) et a;CgJ by reyurstiftg a fi-reclo~are corruniesiorrer
designated under the Act to unumerx:e foreclosure and [u sell the Pmpeny as provides! in the Act. h'uthing in the
preceding sentence shall deprive der Secretary of any rights utlrrrwise available to a Lender m)der this paragraph 18
or applicable law.
19. Release. Upon payment of all soots set.~ured by this Security lnetrvrnrnt. Lender shall release this Security
Instrument without charge to &)rruwer. Borruwtr sf-:r)1 pay any «:curdation costs.
20. Waivers. Borrower relinyuistrrs all right t,f dowry and waives alt right of honrrstecad and distributive share in
and to the Property. Borrower waives any right of exemption as u) ate Pmpeny.
21. Redemption Period_ If der Pmpeny is less Bran 10 acres in size ar-d Lender waives iu any forcclasure
proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial the shall be
uducrd tc) 6 mc)nths. !f the coon finds that d-r Property has beta abandoned by &)rrawrr ar)d Lender waives any
right to a deficiency judgment against Borrower, the period of redemption Pram judicial sale shall br rrduc:td to 60
days. The provisions of dtis paragraph 21 shall be cor)sttued to conform to the provisions of Se~'tions 638.26 acrd
G28.27 of the Code of lows.
lltA toH:a ~tol:rc:ncc• - ~L~S
uru:oa ~sta,a, I"e. tnoD) tas 1]eC t'aAr 6 yr 7
G/9ri
„~,~~,
r
s•
22. Riders N this Security lnstnutrnt- Ifone ur more rider. are excx:uted by &lrrower and recorded tngetlter with
this Stx:urity lnttrun>t'nt, dte eovertants of each such rider shall be inwrporeted info and shall amend and supplement
[hC CUYell:rnti and agreentants of this Security ]nstrument as if the rider(s) were a patt of this Security lnctrurr~nt.
[Check applicable box(es)j.
^ Cnndontirtium Rider
^ Planned Unit Development Rider
^ Non-Owner Chcupaney Rider
^ Graduated Payn-ent Rider
^ Adjus4tble Rate Rider
^ Other (Spet;itjrj
^ Growing Equity Rider
^ Rrhabilitacion L.aan Rider
BZ' SIGiV1NG BELOW, Burrower accepts ;n-ci agues to t!-e tent), culttained in pagee 1 dlrough 7 of this Security
lnctruntrnt and in ;lny rider(s) executed by &trrower and recorded with it.
1iI~ ~-/t~7~1r// (scab
RICK E . TUTH I LL -Borrower
Seal)
-Borrower
.--;Seal)
-Burrower
~~U-~4 ~~14-t 1 ~ -Borrower
-&~rruwer
___(Sral)
-Burrower
~Vit ss: j )J ~~titness•
~~.~1~~vt~--~'
STATE OF IOWA, jn~~~~ C<wnty ss:
On this 10th day of DECEMBER, 2044 , befitre tne, a ut:lry Public in the
State ul"Iowa personally appeared RICK E. TUTFiILL ~ ~(~,. L~"'~'~-~'ht E
~ ~ ~~
to nk personally kl~wn to be the persrnt(s) rl:rtrted in and who exexuted tl-e litregoing
intm»n:nt, and acknuwledt;ed that ~.( pia Cxeruted t11C sanse as ~.~lY voluntary ac:t a»d
tJSA Ct11RK
rrot+ ra~et 727TS6
• ~ t ~ tQ~ riflb~t$st~
~ r(11W11AR1127.2dII7
F1tA IOVi'A ~!(1RT(iAGf: - ~11:I2S
Uoavam cyuan, bc. rxp01 H7 l.~
I~Mary 1'uhlic in scut GK sail Ctwnty aettl State
My Conuni~citm expires: ~-~~ ~~
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