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Intent to Dispose of Property_Curtiss-McEvoy Streets_Routely Construction_Hearing
Copyright 2014 City of Dubuque Public Hearings # 3. ITEM TITLE: Intentto Dispose of Property- Curtiss-McEvoy Streets Lot SUMMARY: Proof of publication on notice of public hearing to consider the disposal of City-owned property at Curtiss and McEvoy Streets to Routely Construction, LLC, and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property by Deed to Routely Construction, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Routley Construction Offer to Buy-MVM Memo City Manager Memo Resolution Disposing Resolutions Staff Memo Staff Memo Quit Claim Deed Supporting Documentation Offer to Buy Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Offer to Buy— Routley Construction, LLC ( Curtiss-McEvoy Streets) DATE: February 8, 2016 City Attorney Barry Lindahl recommends City Council approval of the sale of a vacant lot on Curtiss Street legally described as Lot 1 of Bonson & Stewart Place in the City of Dubuque, Iowa, to Routley Construction, LLC for $12,500. Routley Construction intends to construct a single family residence on the property. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager HE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: February 2, 2016 RE: Offer to Buy— Routley Construction, LLC (Curtiss-McEvoy Streets) The City of Dubuque, Iowa is the owner of a vacant lot on Curtiss Street legally described as: Lot 1 of Bonson & Stewart Place in the City of Dubuque, Iowa The City has received an offer from Routley Construction, LLC to purchase the property for$12,500. A copy of the offer is attached. Routley Construction, LLC intends to construct a single family residence on the property. I recommend that the City Council adopt the attached resolution disposing of the property by sale to Routley Construction, LLC. BAL:tIs Attachment F:\USERS\tsteckle\Lindahl\Routley Construction-Curtis-McEvoy Lot\MVM_ResolutionDisposingOflnterest_020216.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 RESOLUTION NO. 47-16 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO ROUTLEY CONSTRUCTION, LLC WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa and WHEREAS, City and Routley Construction, LLC have entered into an Agreement pursuant to which City will convey the Property to -Routley Construction, LLC; and WHEREAS, on February 15, 2016, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized and directed to execute a Quit Claim Deed disposing of all of the City's right, title and interest in the Property to Routley Construction, LLC. Section 2. The City Attorney is authorized to take such further action as is necessary to finalize the sale of the Property. Passed, approved and adopted this 15th day of February, 2016. Roy D. Buo Attest: Kevin S"!_ Firnstafil, bCitrk F:\USERS\tsteckle\Lindahl\Routley Construction - Curtis -McEvoy Lot\Resolution_Disposinglnterest02l5l6Meeting_02O2l6.doo Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: Routley Construction, LLC 12701 Pine View Dr. Peosta, IA 52068 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Routley Construction, LLC, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Dated: February 16 .2016 Attest: r' Kevin F rnstahl, City b 4rk CITY OF DUBUQUE, IOWA U. . STATE OF IOWA, DUBUQUE COUNTY, ss: On this Jhr day of ��i,h c,r� , 2016, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 11:2 -16 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Till L L� Commission Number 719986 4:1 My Commission Expires7 �tA--l�L�6 Ic-Vs, , Notary public OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: The City of Dubuque, Iowa, Seller: SECTION 1. REAL ESTATE DESCRIPTION. , Routley Construction, "LLC (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa (Parcel # 1025353028) with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated, the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: residential. SECTION 2. PRICE. The purchase price is $12,500.00 as follows: $1,000.00 paid herewith and the balance of $11,500.00 payable in cash at closing. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all real estate taxes for the current fiscal year and all subsequent real estate taxes. SECTION 4. POSSESSION; CLOSING. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before February 19, 2016, or such other date as the parties agree in writing. SECTION 5. ABSTRACT AND TITLE: Seller will not provide an abstract of title to the Real Estate. Buyer is purchasing the Real Estate "as is" and Seller makes no warranty of title. SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer by Quit Claim Deed. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. SECTION 8. REMEDIES OF THE PARTIES 8.1. If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this Contract may be foreclosed in equity and the Court may appoint a receiver. 8.2. If Seller fails to timely perform this Contract, Buyer has the right to have all payments made returned. 8.3. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract shall apply to and bind the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before January 28, 2016, it shall become void and all payments shall be repaid to Seller. SECTION 11. NOTICE. The following shall be used for purposes of providing written notice pursuant to this Contract. City of Dubuque City Manager 50 West 13th Street Dubuque IA 52001 Routley Construction, LLC Kory Routley, Manager 12701 Pine View Drive Peosta, IA 52068 SECTION 12. APPROVAL OF CITY COUNCIL. This Contract is subject to final approval by the City Council THIS OFFER IS ACCEPTED CITY OF DUBUQUE, IOWA Seller Dated: g By Michael C. Van Milligen City Manager ROUTLEY CONSTRUCTION, LLC Buyer Dated: 1 % 71? 6 d Korff' outley, Mana er STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 05, 2016, and for which the charge is $49.08. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 67 Notary Public in and for Dubuque County, Iowa. �+NP1u.r...p � Agreement. By order of erlLereU IIIUJ an agreement .with. Rout - the City Council- said i ley Construction, LLC Any visual or hearing hearing and appeals to sell the Property to ' CITY COUNCIL OF THE therefrom shall be held Routley Construction, or persons with special- in accordance with and LLC,. a copy of which - Section 1. The governed by the: pro- agreement is attaphed •. visions of Section 403.9 hereto -'and of its of the Code of Iowa., WHEREAS, the City -I Copies of supporting Council has tentatively documents for the determined that - it, public hearings are on would be in the best' file in the City Clerk's ! interests of the City to OffiCe:' 50 W. 13th St.. ann +h. cal. of+hA al iu IIJay uc -VlUVV u during normal working Nroperiy': Lo xou ley'.. Construction, LLC. e hours.: NOW, THEREFORE, BE Any visual or hearing IT RESOLVED BY THE impaired persons need- ' CITY COUNCIL OF THE ing special assistance CITY, 'OF "DUBUQUE, or persons with special- IOWA: accessibility needs Section 1. The City of should contact the CityDubuque ' intends to Clerk's Office at (563).dispose, of its interest 589-"100 or TDD '(563) I in the foregoing -des - 6908 at lea.4$.. cribed real property by 1 hour :prior tol the ing. sale to Routley Con- mee struction, LLC. This notice is given by Section' 2. The. City order of the City Clerk is hereby' Council of the City ofauthorized and direct - Dubuque, Iowa; as _ed to '<cause this'! provided by Chapter ! Resolution and a notice''. 403 of the Code of . to be' published as Iowa. prescribed by Iowa Dated this 5th day of _i Code Section 364.7'of a February, 2016. public hearing on the Kevin S. Firnstahl, City's intent to dispose City Clerk of Dubuque, of an interest in the Iowa foregoing described RESOLUTIOWNO.33-16 ,, real property, to be INTENT TO DISPOSE AC AIA im rcoCCT m held on the 15th day of __.. —, —1— CITY DOWNED REAL o'clock 'p.m. at the PROPERTY r BY SALE Historic Federal Build - i TO ROUTLEY, CON- Wing, 350 W. 6th Street, STRUCTION, LLC Dubuque, Iowa. WHEREAS, the City of Passed; approved and Dubuque, Iowa (City) adopted this 1st day of owns the following real February, 2016. property: Roy D. Buol, Mayor Lot 1 -of Bonson. & Attest: Kevin S. Stewart. Placein,,the I Firnstahl; City Clerk It 2/5 Barry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563)583-4113 office (563)583-1040 fax balesq,vcityofdubuque.org Julie Jackson Premier Bank 2625 NW Arterial Road Dubuque, IA 52002 Dubuque THE CITY OF kerd All -America City 1111 2007 • 2012 • 2013 DUB1JE Masterpiece on the Mississippi March 24, 2016 RE: Recorded Documents —1245 Curtis Street Dear Julie: Our office is in receipt of Premier Bank check no. 59348 dated March 23, 2016 for $99.00 regarding the recording fees for the Routley Construction, LLC closing documents for 1245 Curtis Street. I will forward this check to the County Recorder's Office for processing. Enclosed is are the following original recorded documents relating to the above - referenced: 1. Quit Claim Deed and City of Dubuque Resolution no. 47-16, recorded March 15, 2016 as File no. 2016-00002738; 2. Groundwater Hazard Statement, recorded March 15, 2016 as File no. 2016- 00000317; and 3. Open -End Real Estate Mortgage, recorded March 15, 2016 as File no. 2016- 00002739. BAL/tls cc: Nate Kieffer, City Surveyor Kevin Firnstahl, City Clerk Very sincerely, A ImsvitAmJ t� Barry A. indahl City Attorney F:\USERS\tsteckle\Lindahl\Routley Construction - Curtis -McEvoy Lon PremierBank-JulieJackson_RecordedClosingDocs_032416.doc 1111 ilii 111 1111 MI i iii lI 11111 Doc ID: 008401050008 Type GEN Kind: DEED WITH RESOLUTION Recorded: 03/15/2016 at 03:17:02 PM Fee Amt: $47.00 Page 1 of 8 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Q Fi1e2016-00002738 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Tax statement to: Routley Construction, LLC 12701 Pine View Dr. Peosta, IA 52068 QUIT CLAIM DEED SPACE ABOVE THIS LINE FOR RECORDER For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Routley Construction, LLC, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Dated: Attest: February 16 &e:421 -1F90 , 2016 CITY OF DUBUQUE, IOWA Kevin F nstahl, City Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: On this i/C day of C-a-bet.kc,r , 2016, before me a Notary Public in and for said County and said State, personally bppeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. "--/ 7 -16 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. T ISH L. [ILEA-R)i — a;sp omm,ssinn Number 719986 •- My Commission Expires 1C Sc\ L . GI�sb� , Notary public Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 RESOLUTION NO. 47-16 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO ROUTLEY CONSTRUCTION, LLC WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa and WHEREAS, City and Routley Construction, LLC have entered into an Agreement pursuant to which City will convey the Property to Routley Construction, LLC; and WHEREAS, on February 15, 2016, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized and directed to execute a Quit Claim Deed disposing of all of the City's right, title and interest in the Property to Routley Construction, LLC. Section 2. The City Attorney is authorized to take such further action as is necessary to finalize the sale of the Property. Passed, approved and adopted this 15th day of February, 2016. Attest: Kevin Firnsta Cit Roy D. Buolpayor F:\USERS\tsteckle\Lindahl\Routley Construction - Curtis -McEvoy Lon Resolution_Disposinglnterest021516Meeting_020216.doc STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 47-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 16th day of February, 2016. 7,1 it/ 1/4 4.atwo ean'o aooa 6 ory �% t • Kevin Pirnstahl, CMC, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 05, 2016, and for which the charge is $49.08. L4-46" Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of-�, , 20 /' . Notary Public in and for Dubuque County, Iowa. 'PEST 7i71Matraii NU;rt._ r 15 1 T,i7 J CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA, ON THE INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PUR- SUANT TO AN AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND ROUT- LEY CONSTRUCTION,: LLC PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public. hearing on the 15th day of February, 2016, at 6:30 p.m. in the City Council Chambers at the Historic Federal -Build- ing, 350 W. 6th St., Dubuque, Iowa, at which meeting the City Council :proposes to take _ action on the intent to dispose of an interest -in City-- of Dubuque real estate, Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa, pursuant : to . an Agreement between the City of Dubuque and Routley Construc- tion, LLC, and for the authorization and exe- cution ©f- -the Agreement - '- At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objec- tions - have been received and consider- ed, the City Council may at this meeting or at any adjournment thereof, approve the Agreement. By order of the City Council said hearing and appeals therefrom shall be in accordance with and governed by the pro- visions of Section 403.9 of the Code of Iowa. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, 50 W. 13th St., and may be viewed during normal working hours. - Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to - the meeting. - This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Chapter 403 of the Code of Iowa. Dated this 5th day of February, 2016. Kevin S. Firnstahl, City Clerk of Dubuque, Iowa RESOLUTION NO. 33-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO ROUTLEY CON- STRUCTION, LLC ONSTRUCTION,LLC WHEREAS, the City of Dubuque, Iowa (City) owns the following real property: Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa (the Property); and WHEREAS, City has entered into -. an agreement with Rout- ley Construction, LLC to sell the Property to Routley Construction, LLC, a copy of which I agreement is attached hereto:'and - WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -des- cribed real property by sale to Routley Con- struction, LLC. Section 2. The City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of an interest in the foregoing -described real property, to be held on the 15th day of February, 2016, at 6:30 o'clock p.m. at the Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin 5. Firnstahl, City Clerk It 2/5 STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified City Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto -attached Certification of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 16th day of February, 2016. Kevin S. irnstahl, CMG Clerk Doc ID: 008401060002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 03/15/2016 at 03:17:16 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder 1 % File2016-00000311 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Routley Construction, LLC Address 12701 Pine View Drive Peosta Iowa 52068 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1245 Curtis Street Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT k` INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: eror or Agent) FILE WITH RECORDER Telephone No.: JIQ', 5g ~3 . k-1113 DNR form 542-0960 (July 18, 2012) uu iii uimi 11 111 11 11 11 iiw 11 iii Doc ID: 008401070010 Type GEN Kind: MORTGAGE Recorded: 03/15/2016 at 03:17:41 PM Fee Amt: $52.00 Page 1 of 10 Dubuque County Iowa John Murphy Recorder F11e2016-00002739 State of Iowa Space Above This Line For Recording Data Prepared By: JULIE JACKSON PREMIER BANK 2625 NORTHWEST ARTERIAL, DUBUQUE, IA 52002 (563) 588-1000 Return To: PREMIER BANK 2625 NW ARTERIAL DUBUQUE, IA 52002 OPEN-END REAL ESTATE MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage is 03-15-2016 and their addresses are as follows: MORTGAGOR: ROUTLEY CONSTRUCTION, LLC 12701 PINE VIEW DR PEOSTA, IA 52068 LENDER: and the parties ❑ Refer to the Addendum which is attached and incorporated herein for additional Mortgagors. The Addendum is located on PREMIER BANK 2625 NORTHWEST ARTERIAL DUBUQUE, IA 52002 2. MORTGAGE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (hereafter defined), Mortgagor grants, bargains, warrants, conveys and mortgages to Lender the following described property: (If the legal description of the property is not on page one of this Mortgage, it is located on .) LOT 1 OF BONSON & STEWART PLACE IN THE CITY OF DUBUQUE, IOWA IOWA.- AGRICULTURAL/COMMERCIAL REAL ESTATE SECURITY INSTRUMENT (page 1 of 9) (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 The property is located in DUBUQUE at 1245 CURTIS ST (County) , DUBUQUE , Iowa 52003 (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established. NOTICE: THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $ 225,000.00 LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this Mortgage at any one time shall not exceed the amount stated above. This limitation of amount does not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to this Mortgage and does not apply to advances (or interest accrued on such advances) made under the terms of this Mortgage to protect Lender's security and to perform any of the covenants contained in this Mortgage. Future advances are contemplated and, along with other future obligations, are secured by this Mortgage even though all or part may not yet be advanced. Nothing in this Mortgage, however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate writing. 4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: A. The promissory note(s), contract(s), guarantylies) or other evidence of debt described below and all extensions, renewals, modifications or substitutions (Evidence of Debt) (e.g., borrower's name, note amount, interest rate, maturity date): THIS MORTGAGE IS HELD AS COLLATERAL ON PREMIER BANK LOANS IN NAME OF ROUTLEY CONSTRUCTION, LLC, JONATHAN J. ROUTLEY B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage is specifically referred to in the evidence of debt and whether or not such future advances or obligations are incurred for any purpose that was related or unrelated to the purpose of the Evidence of Debt. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Mortgage, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of Debt. E. Mortgagor's performance under the terms of any instrument evidencing a debt by Mortgagor to Lender and any Mortgage securing, guarantying, or otherwise relating to the debt. If more than one person signs this Mortgage as Mortgagor, each Mortgagor agrees that this Mortgage will secure all future advances and future obligations described above that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. This Mortgage will not secure any other debt if Lender fails, with respect to such other debt, to make any required disclosure about this Mortgage or if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Mortgage. 6. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, warrant, convey, sell, and mortgage the Property and warrants that the Property is unencumbered, except for encumbrances of record. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the (page 2 of 9) ® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Mortgage. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses which Mortgagor may have against parties who supply labor or materials to improve or maintain the Property. 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property and that may have priority over this Mortgage, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Lender consents in writing. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these on the Property. However, if the Property includes Mortgagor's residence, this section shall be subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Mortgage is released. 10. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if (1) a beneficial interest in Mortgagor is sold or transferred; (2) there is a change in either the identity or number of members of a partnership or similar entity; or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Mortgage. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Mortgagor makes to Lender the following warranties and representations which shall be continuing as long as the Secured Debt remains outstanding: A. Mortgagor is an entity which is duly organized and validly existing in the Mortgagor's state of incorporation (or organization). Mortgagor is in good standing in all states in which Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Mortgagor operates. B. The execution, delivery and performance of this Mortgage by Mortgagor and the obligation evidenced by the Evidence of Debt are within the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than disclosed in writing Mortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will give Lender prompt notice of any loss or damage to the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Mortgagor will comply with all legal requirements and restrictions, whether public or private, with respect to the use of the Property. Mortgagor also agrees that the nature of the occupancy and use will not change without Lender's prior written consent. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Mortgage. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Mortgagor fails to perform any of Mortgagor's duties under this Mortgage, or any other mortgage, deed of trust, security agreement or other lien document that has priority over this Mortgage, Lender may, without notice, perform the duties or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any (page3of9) Exibice ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-REST-IA 10/24/2005 amount necessary for performance. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's security interest in the Property. This may include completing the construction. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Mortgage. Any amounts paid by Lender for insuring, preserving or otherwise protecting the Property and Lender's security interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in effect from time to time according to the terms of the Evidence of Debt. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, warrants, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Mortgage, any prior mortgage or any construction loan agreement, security agreement or any other document evidencing, guarantying, securing or otherwise relating to the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any person or entity obligated on the Secured Debt; (page 4 of 9) 01993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Mortgage in a manner provided by law if this Mortgagor is in default. Upon a default by the Mortgagor, the Lender may take possession of the Property itself or through a court appointed receiver, without regard to the solvency or insolvency of the Mortgagor, the value of the Property, the adequacy of the Lender's security, or the existence of any deficiency judgment, and may operate the Property and collect the rents and apply them to the costs of operating the Property and/or to the unpaid debt. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Mortgage and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether expressly set forth or not. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. REDEMPTION. Mortgagor agrees that in the event of foreclosure of this Mortgage, at the sole discretion of Lender, Lender may elect to reduce or extend the period of redemption for the sale of the Property to a period of time as may then be authorized under the circumstances and under any section of Iowa Code Chapter 628, or any other Iowa Code section, now in effect or as may be in effect at the time of foreclosure. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Mortgage. Mortgagor will also pay on demand all of Lender's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Lender in respect to the Property. Mortgagor agrees to pay all costs and expenses incurred by Lender in enforcing or protecting Lender's rights and remedies under this Mortgage, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully and finally paid, Lender agrees to release this Mortgage and Mortgagor agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. (page 5 of 91 ® ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 D. Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Mortgage and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Mortgage without prejudice to any of Lender's rights under this Mortgage. L. Notwithstanding any of the language contained in this Mortgage to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Mortgage regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Mortgagor will give Lender prompt notice of any action, real or threatened, by private or public entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, or any other means. Mortgagor further agrees to notify Lender of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Mortgage. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the improvements now existing or hereafter built on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Mortgage. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "lender loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. (page 6 of 9) ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 Unless Lender and Mortgagor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to Mortgagor. If Mortgagor abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Mortgagor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem necessary. Mortgagor warrants that all financial statements and information Mortgagor provides to Lender are, or will be, accurate, correct, and complete. Mortgagor agrees to sign, deliver, and file as Lender may reasonably request any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Mortgage and Lender's lien status on the Property. If Mortgagor fails to do so, Lender may sign, deliver, and file such documents or certificates in Mortgagor's name and Mortgagor hereby irrevocably appoints Lender or Lender's agent as attorney in fact to do the things necessary to comply with this section. 25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Mortgage are joint and individual. If Mortgagor signs this Mortgage but does not sign the Evidence of Debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. Mortgagor agrees that Lender and any party to this Mortgage may extend, modify or make any change in the terms of this Mortgage or the Evidence of Debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Mortgage. The duties and benefits of this Mortgage shall bind and benefit the successors and assigns of Mortgagor and Lender. If this Mortgage secures a guaranty between Lender and Mortgagor and does not directly secure the obligation which is guarantied, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation including, but not limited to, anti -deficiency or one -action laws. 26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Mortgage is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Mortgage is complete and fully integrated. This Mortgage may not be amended or modified by oral agreement. Any section or clause in this Mortgage, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or clause of this Mortgage cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Mortgage. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Mortgage are for convenience only and are not to be used to interpret or define the terms of this Mortgage. Time is of the essence in this Mortgage. 27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Mortgage, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 28. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rights relating to reinstatement, the marshalling of liens and assets, all rights of dower and distributive share and all homestead exemption rights relating to the Property. 29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Mortgage: XI Construction Loan. This Mortgage secures an obligation incurred for the construction of an improvement on the Property. ❑ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. (page 7 of 9) Ex./D ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 Crops; Timber; Minerals; Rents, Issues and Profits. Mortgagor grants to Lender a security interest in all crops, timber and minerals located on the Property as well as all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"). ❑ Personal Property. Mortgagor grants to Lender a security interest in all personal property located on or connected with the Property. This security interest includes all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property. The term "personal property" specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. ❑ Filing As Financing Statement. Mortgagor agrees and acknowledges that this Mortgage also suffices as a financing statement and as such, may be filed of record as a financing statement for purposes of Article 9 of the Uniform Commercial Code. A carbon, photographic, image or other reproduction of this Mortgage is sufficient as a financing statement. 30. OTHER TERMS. If checked, the following are applicable to this Mortgage: gl Purchase Money Mortgage. This is a purchase money mortgage as defined by Iowa law. ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Mortgage will remain in effect until released. ❑ Agricultural Property. Mortgagor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or entity allowed to own agricultural land as specified by law. ❑ Separate Assignment. The Mortgagor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instrument's "Assignment of Leases and Rents" section. X Additional Terms. SEE ADDENDUM SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Mortgage and in any attachments. Mortgagor also acknowledges receipt of a copy of this Mortgage on the date stated above on Page 1. ❑ Actual authority was granted to the parties signing below by resolution signed and dated Entity Name:ROUTLEY CONSTRUCTION, LLC (Signature) .ONATHAN J.`F3OUTLEY, MEMBER (Date) (Signature) (Date) (Signature) (Date) (Signature) (Date) (page 8 of 9) -w ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 ACKNOWLEDGMENT: (Individual) (Business or Entity Acknowl- edgment) STATE OF , COUNTY OF } ss. On this day of before me, a Notary Public in the state of Iowa, personally appeared to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. My commission expires: (Notary Public) STATE OF IOWA , COUNTY OF DUBUQUE } ss. On this 1 5TH day of MARCH, 2016 before me, a Notary Public in the state of Iowa, personally appeared JONATHAN J. ROUTLEY to me personally known, who being by me duly sworn or affirmed did say that that person is MEMBER of said entity, that (the seal affixed to said instrument is the seal of said entity or no seal has been procured by said entity) and that said instrument was signed and sealed, if applicable, on behalf of the said entity by authority of its board of directors/partners/members and the said MEMBER acknowledged the execution of said instrument to be the voluntary act and deed of said entity by it voluntarily executed. M SCO aCocr:nlsalon Humber 71333 f�aCommlaai^,r Ex71res !( (Notary Public) SCOTT A DALSING (In the following statement "I" means the Mortgagor.) I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this contract, I voluntarily give up my rights to this protection for this property with respect to claims based upon this contract. (Signature) (Date) (Signature) (Date) (page 9 of 9) ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-IA 10/24/2005 ADDENDUM A IF ADVANCES ARE MADE TO BORROWER UNDER PARAGRAPH 4 HEREIN OR IF THE OBLIGATIONS ARE RENEWED, EXTENDED, MODIFIED OR REFINANCED, THE FINAL MATURITY DATE OF THIS MORTGAGE SHALL BE 12/31/2036. THIS PROVISION SHALL NOT OBLIGATE THE LENDER TO MAKE ANY ADDITIONAL LOANS OR FUTURE ADVANCES IN ANY AMOUNT, NOR TO RENEW, EXTEND, MODIFY OR REFINANCE ANY OF THE OBLIGATIONS. Dubuque County Iowa John Murphy Recorder 720 Central Ave, Dubuque, IA 52001 Phone Number: (563)589-4434 Official Receipt: 2016-00001975 Reprinted on 03/17/2016 at 03:18:24 PM By: 60 ___on___ DCRC04 DUBUQUE CITY CLERK CITY HALL 50 WEST 13TH STREET DUBUQUE IA 52001 Date Recorded: 03/15/2016 Instrument ID Recorded Tirne Amount 2016-00002738 03:17:02 PM $47.00 DOD - QUIT CLAIM DEED DUBUQUE CITY TO:ROUTLEY CONSTRUCTION LLC Accounts_ __._Amount RECORD MANAGEMENT $1.00 TECH FEE $1.00 REAL ESTATE $40,00 AUDITOR $5.00 COUNTY TRANSFER TAX $0.00 STATE TRANSFER TAX $0.00 NON -CONFORMING FEE $0.00 Taxes _Amount COUNTY TRANSFER TAX $0.00 STATE TRANSFER TAX $0.00 2016-00000317 03:17:16 PM $0.00 GWH-GROUNDWATER HAZARD DUBUQUE CITY TO:ROUTLEY CONSTRUCTION LLC Accounts Amount REAL ESTATE $0.00 2016-00002739 03:17:41 PM $52.00 MIG - MORTGAGE ROUTLEY CONSTRUCTION LLC TQ:PREMIER BANK Accounts AmountRECORD MANAGEMENT-__ $1.00 TECH FEE $1,00 REAL ESTATE $50.00 NON -CONFORMING FEE $0,00 Total Due: $99.00 Amount Charged: $99.00 Change Tendered: $0.00 HAVE A NICE DAY! WWW.DUBUQUECOUNTY.ORG ■ 111Elhf 65 di •. 0 w .a ru ti 0' Ul ru .. . 115 EfEt Ot 06 piaagD asuadx3 *' Ninety Nine and 00/100*' SN V'PIO4 Pay to the order of DUBUQUE COUNTY RECORDER ROUTLEY CONSTRUCTION LLC 0, Ey- O • 0 O 910Z '£Z gJJuIAI Barry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, lowa 52001-6944 (563) 583-4113 office (563) 583-1040 fax balesq@eityofdubuque.org SENT VIA EMAIL Kory Routley routleysauto©gmail.com Routley Construction, LLC cio Kory Routley 12701 Pine View Drive Peosta, IA 52068 Dubuque THE CITY OF 2007 2012 • 2013 DUB Masterpiece on the Mississippi March 22, 2016 RE: Recorded Documents — 1245 Curtis Street Dear Kory: The Dubuque County Recorder's Office has forwarded to me its invoice for the recording of the Quit Claim Deed, Groundwater Hazard Statement, and Open -End Real Estate Mortgage, regarding 1245 Curtis Street. The fee for recording these documents is $99.00. I would appreciate it if you would please forward a check to my office for $99.00, payable to the Dubuque County Recorder. Once we are in receipt of the check, I will forward to you the recorded Quit Claim Deed and Groundwater Hazard Statement, and will deliver the recorded Open -End Real Estate Mortgage to Julie Jackson at Premier Bank. Very cerely, arry A. Lindahl ,ity Attorney BAL/tls cc: Nate Kieffer, City Surveyor Kevin Firnstahl, City Clerk Julie Jackson, Premier Bank F:\USERS\tsteckle\Lindahl\Routley Construction - Curtis -McEvoy LotRoutleyKory_RecordedClosingDocs_032216.doc