decree of foreclosure, wall lake - eqcv019493

E-FILED 2014 FEB 12 3:21 PM SAC - CLERK OF DISTRICT COURT

} ________________________________, Plaintiff(s), NO.: ______________________ DATE PETITION FILED: _____________ VS. ________________________________, Defendant(s).

ORIGINAL NOTICE

FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER

The Iowa State Bar Association 2011 IOWADOCS

301 ORIGINAL NOTICE FOR PERSONAL SERVICE Revised May 2012

LAW

EQUITY

TO THE ABOVE-NAMED DEFENDANT(S):

You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name(s) and address(es) of the attorney(s) for the plaintiff(s) (is) (are) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ The attorneys(s) phone number(s) (is) (are) ______________________________________ facsimile number(s) __________________________________________________________ You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for _________________County, at the courthouse in _______________________, Iowa, judgment by default will be rendered against you for the relief demanded in the petition.

THE IOWA STATE BAR ASSOCIATION Official Form No. 301

THE IOWA DISTRICT COURT _________________ COUNTY SAC

Sac City

BANK MIDWEST F/K/A BANKMIDWEST, MINNESOTA IOWA, N.A.,

STEPHANIE CLEMENS F/K/A STEPHANIE BROTHERSONF/K/A STEPHANIE TEBBEN; CITIBANK (SOUTH DAKOTA)NA; TWILIGHT ACRES; and PARTIES IN POSSESSION,

712-338-2432712-338-2431

xx

xx

David Stein, Jr., Attorney, Milford, IA

Sac

David Stein, Jr., Stein Law Office, 926 Okoboji Avenue, P. O. Box 537, Milford, Iowa, 51351

X

February 6, 2014

EQCV019493

Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at _______________________. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. (SEAL)

_________________________________ CLERK OF COURT ___________________County Courthouse _________________, Iowa ___________

IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS

Sac100 N.W. State Street, Suite 12, Sac City 50583

641-421-0990

STATE OF IOWA JUDICIARY Case No. County

Case Title THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an exemption from the court, you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/Efile Scheduled Hearing: 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 . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) Date Issued District Clerk of County

Sac

Sac

(641) 421-0990

EQCV019493

/s/ Donna Geery

02/07/2014 10:08:21 AM

BANK MIDWEST V. STEPHANIE CLEMENS ET AL.

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

BANK MIDWEST F/K/A BANK MIDWEST, MINNESOTA IOWA, N.A.,

EQUITY NO. EQCV_________

PETITION FOR FORECLOSURE WITHOUT REDEMPTION/ PETITION IN EQUITY (NOTICE OF LIS PENDENS REQUESTED)

Plaintiff(s),

v.

STEPHANIE CLEMENS F/K/A STEPHANIE BROTHERSON F/K/A STEPHANIE TEBBEN; CITIBANK (SOUTH DAKOTA) NA; TWILIGHT ACRES; and PARTIES IN POSSESSION,

Defendant(s).

NOTICE

THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE.

1


019493

COMES NOW the Plaintiff, BANK MIDWEST f/k/a BANK MIDWEST, MINNESOTA

IOWA, N.A. (Plaintiff and/or Bank Midwest), and respectfully states to the Court the

following as its cause of action against the Defendant(s):

1. The Plaintiff, Bank Midwest, is a corporation organized under the laws of the

United States, duly authorized to transact business in the State of Iowa.

2. Upon belief, Defendant, STEPHANIE CLEMENS F/K/A STEPHANIE

BROTHERSON F/K/A STEPHANIE TEBBEN (Clemens and/or Defendant) is a resident of

Sac County, Iowa.

3. The mortgaged property is primarily residential and is a one-family or two-family

residential dwelling.

4. Upon belief, the mortgaged property is not the residence of Defendant Clemens

and Defendant Clemens is not the party in possession of the mortgaged property.

5. Upon belief, Defendant Clemens is currently single and was a single person at the

time of the execution of the Mortgages and Extensions pertinent to this matter.

6. Bank Midwest elects foreclosure without redemption pursuant to Iowa Code

654.20.

7. Bank Midwest hereby waives its right to a deficiency judgment.

8. On or about December 15, 2005, Clemens executed and delivered to Bank

Midwest Note/Loan #3003411 in the principal sum of Fifty Thousand and 00/100 Dollars

($50,000.00) with a maturity date of December 20, 2025 (a copy of said Note is attached hereto

as Exhibit 1 and incorporated herein as if fully set forth herein).

2


9. On or about September 15, 2006, Clemens executed and delivered to Bank

Midwest Note/Loan #3003608 in the principal sum of Thirty Thousand and 00/100 dollars

($30,000.00) with a maturity date of September 30, 2011 (a copy of said Note is attached hereto

as Exhibit 2 and incorporated herein as if fully set forth herein).

10. To secure the payment of the aforesaid Notes, Clemens executed and delivered to

Bank Midwest the following described Mortgages covering:

and commonly known as 321 West 1st Street, Wall Lake, IA 51466 (the property):

a) A Mortgage dated December 15, 2005 and recorded on December 20,

2005 with the Sac County Recorder as Document No. 052802 (Exh. 3). The maturity

date of said Mortgage was extended to May 15, 2026, pursuant to an Extension

Agreement dated December 17, 2007, and recorded on December 26, 2007 as Instrument

No. 072679 of the Sac County Recorder (Exh. 4).

b) An Open-End Mortgage dated September 15, 2006 and recorded on

September 20, 2006 with the Sac County Recorder as Document No. 062065 (Exh. 5).

This Mortgage was re-recorded on October 2, 2006 as Document No. 062167 of the Sac

County Recorder (Exh. 5). The maturity date of said Mortgage was extended to May 15,

2026, pursuant to an Extension Agreement dated December 17, 2007 and recorded on

December 26, 2007 as Instrument No. 072678 of the Sac County Recorder (Exh. 6).

3


c) To secure said extensions, Clemens executed an Adjustable Rate Note

#3004022 on December 17, 2007 in the principal sum of Seventy Three Thousand and

00/100 Dollars ($73,000.00) with a maturity date of May 15, 2026 (Exh. 7).

d) In addition, Clemens executed Note #3005984 on April 25, 2012, in the

principal sum of Nine Thousand and Six Hundred and Forty Five and 22/100 ($9,645.22),

with a maturity date of April 25, 2017 (Exh. 8). Security for said Note included the

Mortgages referenced above.

Copies of the documents referred to above are attached hereto as Exhibits 3-8 and

incorporated herein by this reference as if fully set forth herein.

11. Clemens have failed to pay the installments and interest when due thereon as

provided by the terms of the Notes, and extensions/modifications thereof, and therefore, Clemens

is in default.

12. By reason of the failure of Clemens to pay the installments and interest when due,

Bank Midwest had elected and does hereby elect, in accordance with the terms and conditions of

the Notes and Mortgages, to declare the whole of the Notes due and payable forthwith and to

exercise its right to enforce payment of the entire Notes as provided by the Notes and to

foreclose the Mortgages given to secure the same.

13. The total unpaid balance on both Loans (#3004022 & #3005984), as of February

3, 2014 and after allowing all credits, is $70,383.49, which includes:

a. The unpaid balance due on Loan #3004022 is the sum of $61,201.08,

including principal and interest accrued to February 3, 2014 (balance of $59,156.77 plus

accrued interest of $1,239.45); negative escrow balance (advancements by lender) of

4


$533.99; and other charges/fees of $270.87; plus interest accruing daily from February 3,

2014 at the rate of $9.31922 per day; and

b. The unpaid balance due on Loan #3005984 is the sum of $9,182.41,

including principal and interest accrued to February 3, 2014; plus interest accruing daily

from February 3, 2014 at the rate of $1.92175 per day.

14. In order to commence this foreclosure proceeding, Bank Midwest has incurred

abstracting expenses and costs and has, and will, incur additional expenses, including attorneys

fees1, service and filing fees, all of which Bank Midwest is entitled to a judgment and

reimbursement in connection with this foreclosure action.

15. Bank Midwest is the owner and holder of the Notes and Mortgages, due demand

has been made for payment, and payment has been refused. Clemens have been provided with

notices to cure default and notices that if she has not corrected the defaults, Bank Midwest may

exercise its rights against her and the property under Iowa law without further notice. Clemens

did not cure the defaults within the time prescribed by Iowa law. Bank Midwest does elect to

exercise its right to acceleration of all amounts due under said Notes and Mortgages and its right

to full payment.

16. Bank Midwest is attaching a Mortgage Mediation Notice (Exhibit 10) in

compliance with Iowa Code section 654.4B(2), as amended. See IA Legis. S.F. 364(2009).

17. Pursuant to 654.4B(1), Bank Midwest provided Clemens with a fourteen-day

demand notice for payment of the accelerated balance and a Mortgage Mediation Notice.

1 (See Exhibit 9).

5


18. According to Bank Midwests belief and information available to it at this time, it

appears that none of Defendant(s) are under any legal disability, are not prisoners in a

reformatory or penitentiary facility, are not in the military services of the United States of

America, and are not entitled to privileges under the provisions of the Soldiers and Sailors Civil

Relief Act of 1940 or similar act.

19. Defendant(s), other than Clemens, may claim some interest in the real estate being

foreclosed against by reason of the following judgments against Clemens:

a. Judgment creditor, CITIBANK (SOUTH DAKOTA) NA, may claim some

interest by reason of a judgment entered May 3, 2011, in favor of said judgment creditor,

in the Iowa District Court in and for Sac County, Case No. LACV019234, for the amount

of $6,205.51, with interest at the rate of 2.27% from January 31, 2011, plus costs of said

action; and

b. Judgment creditor, TWILIGHT ACRES, may claim some interest by

reason of a judgment entered November 6, 2012, in favor of said judgment creditor, in

the Iowa District Court in and for Sac County, Case No. SCSC015173, for the amount of

$5,000.00, with interest at the rate of 2.17% from September 24, 2012, plus costs of said

action.

20. The interests of all of the above Defendants/judgment lien holders are inferior and

subordinate to the interest of Bank Midwest.

WHEREFORE, Plaintiff, Bank Midwest, prays for judgment in rem against the real

estate described above, in the sum of $70,383.49 (the total unpaid balance on both Loans

#3004022 & #3005984 as of February 3, 2014), which includes:

6


a. The unpaid balance due on Loan #3004022 is the sum of $61,201.08,

including principal and interest accrued to February 3, 2014 (balance of $59,156.77 plus

accrued interest of $1,239.45); negative escrow balance (advancements by lender) of

$533.99; and other charges/fees of $270.87; plus interest accruing daily from February 3,

2014 at the rate of $9.31922 per day; and

b. The unpaid balance due on Loan #3005984 is the sum of $9,182.41,

including principal and interest accrued to February 3, 2014; plus interest accruing daily

from February 3, 2014 at the rate of $1.92175 per day;

plus attorneys fees and costs of this action, including abstract expenses, filing and

service fees; and that said sums be declared a lien upon the premises above described from the

date of execution of Bank Midwests Mortgages (as herein set forth), that Bank Midwests

Mortgages be foreclosed; that a special execution issue for the sale of the mortgaged premises or

so much thereof as may be necessary to satisfy the judgment, including all accrued interest,

costs, attorney fees and all other accruing costs and expenses, and that from and after said sale

under special execution, the right, title, lien or interest of all Defendant(s) in and to the

mortgaged premises be forever cut off, barred and foreclosed, and the purchaser at said sale take

free and clear of any right, title, lien or interest of any other person or party.

That the rights and interests of all Defendant(s) be declared inferior and subordinate to

those of Bank Midwest and that the same be forever cut off, barred and foreclosed, and the

purchaser at sale take free and clear of any right, title, lien or interest of any of the Defendant(s).

Bank Midwest further prays for a Writ of Possession to be issued under the seal of the

Court, directed to the Sheriff of Sac County, Iowa, commanding him to put the purchaser at said

7


sale under special execution or a successor in interest in the possession of the premises; and that

a receiver be appointed to take charge of the mortgaged premises and secured property

immediately, if same becomes necessary, during the period of foreclosure for the purpose of

preserving the mortgaged premises and secured property for the benefit of all concerned.

Bank Midwest further prays for such other and further relief as the Court may deem just

and equitable under the circumstances.

Original e-filed. Copies to be served upon Defendant(s). P:\CLIENT\Bank Midwest\Brotherson (Fka Tebben, Nka Clemens), Stephanie (10987)\Forecl. Action\Forecl. Pet. Updt 2-6-14 W-O Exhs.Doc

/s/ David J. Stein, Jr. David J. Stein, Jr. Stein Law Office 926 Okoboji Avenue P.O. Box 537 Milford, IA 51351 [email protected] (712) 338-2431 Telephone (712) 338-2432 Facsimile ATTORNEYS FOR PLAINTIFF, BANK MIDWEST F/K/A BANK MIDWEST, MINNESOTA IOWA, N.A

8


EXHIBIT 1, Note dated 12/15/05


2


3


4


o



2


EXHIBIT 3, Mortgage recorded 12/20/05, Inst. 052802


2


3


4


5


6


7


8


9


10


11


12


13


EXHIBIT 4, Extension recorded 12/26/07 as Inst. #072679


EXHIBIT 5, Mortgage recorded 9/20/06, Inst. 062065; re-recorded 10/02/06, Inst. 062167


2


3


4


5


6


EXHIBIT 6, Extension Agreement recorded 12/26/07 as Inst. #072678


2


3


4


2


EXHIBIT 10, Mortgage Mediation Notice


E-FILED 2014 FEB 19 8:37 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 10 1:50 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 18 9:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

BANK MIDWEST F/K/A BANK MIDWEST, MINNESOTA IOWA, N.A.,

NO. EQCV019493

DECREE OF FORECLOSURE

Plaintiff(s),

v.

STEPHANIE CLEMENS F/K/A STEPHANIE BROTHERSON F/K/A STEPHANIE TEBBEN; CITIBANK (SOUTH DAKOTA) NA; TWILIGHT ACRES; and PARTIES IN POSSESSION,

Defendant(s).

On the day set forth below, this matter was brought to the attention of this

Court for consideration. The Court, having reviewed the file, FINDS:

1) That the Court has jurisdiction of all parties and of the subject matter

of this action;

2) Plaintiff, Bank Midwest f/k/a Bank Midwest, Minnesota Iowa, N.A.

(Plaintiff or Bank Midwest) filed a Petition to Foreclose its Mortgages

(Petition);

3) Defendants to this action include, CITIBANK (SOUTH DAKOTA)

NA (Citibank), TWILIGHT ACRES (Twilight Acres), STEPHANIE


2

CLEMENS F/K/A STEPHANIE BROTHERSON F/K/A STEPHANIE TEBBEN

(Clemens) and parties in possession of the property, tenants Tami Downs and

Sandy Downs (Downs). All of Defendants are jointly referred to as

Defendants.

4) Defendant Citibank may claim some interest in the mortgaged real

estate by reason of a judgment entered May 3, 2011, in favor of said judgment

creditor, in the Iowa District Court in and for Sac County, Case No.

LACV019234, for the amount of $6,205.51, with interest at the rate of 2.27% from

January 31, 2011, plus costs of said action;

5) Defendant Twilight Acres may claim some interest in the mortgaged

real estate by reason of a judgment entered November 6, 2012, in favor of said

judgment creditor, in the Iowa District Court in and for Sac County, Case No.

SCSC015173, for the amount of $5,000.00, with interest at the rate of 2.17% from

September 24, 2012, plus costs of said action;

6) The mortgaged property is not the residence of Defendant Clemens

and Defendant Clemens is not the party in possession of the mortgaged property;

7) The parties in possession of the property were tenants, Tami Downs

and Sandy Downs (Downs). Tenants have now vacated the premises and are no

longer in possession of the property;


3

8) Defendants are not in the military service of the United States of

America, nor are they entitled to the privileges under the Soldiers and Sailors

Relief Act of 1940, as amended;

9) All the Defendants were served, or have accepted service of the

Original Notice and Petition;

10) Notices of Intent to File Written Application for Default pursuant to

Iowa R. Civ. P. 1.972 were duly given to all Defendants;

11) More than ten days have elapsed since the serving of such Notices;

12) No answer to Plaintiffs Petition or responsive pleading has been

filed by any of the Defendants, other than Defendant Twilight Acres and all other

Defendants are now in default.

13) Twilight Acres has stipulated to the entry of this Foreclosure Decree.

14) Judgment is granted against all the Defendants and in favor of

Plaintiff;

15) Plaintiff elected foreclosure without redemption pursuant to Iowa

Code 654.20 and waived its right to a deficiency judgment;

16) The mortgaged property is primarily residential and is a one-family

or two-family residential dwelling and not used for an agricultural purpose;

17) Defendant Clemens is single and was a single person at the time of

the execution of the Mortgages, as amended or modified, pertinent to this matter.


4

18) No demand for delay of sale has been filed, pursuant to 654.22 of

the Iowa Code;

19) Bank Midwests Mortgages (as alleged in Plaintiffs Petition) were

made, duly recorded, and are valid paramount liens upon the mortgaged real estate

therein described and the improvements thereon, prior and superior to any right,

title, lien or interest of the Defendants, any of them, or any other person or entity;

20) Bank Midwest is entitled to a judgment and a Decree of Foreclosure

in its favor as a matter of law against the mortgaged real estate, and all Defendants

relative to the mortgaged real estate, as requested in Bank Midwests Petition filed

herein.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as

follows:

1) That the lien of Bank Midwests Mortgage dated December 15, 2005

and recorded on December 20, 2005 with the Sac County Recorder as Document

No. 052802, as extended or modified, is hereby established as the first and

paramount lien against the above described real estate, together with all easement

or other rights presently existing or later arising;

2) That the lien of Bank Midwests Open-End Mortgage dated

September 15, 2006 and recorded on September 20, 2006 with the Sac County

Recorder as Document No. 062065, as extended or modified, is hereby established


5

as the second and paramount lien against the above described real estate,

together with all easement or other rights presently existing or later arising;

3) That both of Bank Midwests mortgages (as above described), are

hereby foreclosed;

4) That judgment be and the same is hereby rendered in favor of

Plaintiff, Bank Midwest, and against the mortgaged real estate herein described,

for the following amounts:

Unpaid balance due on Loan #3004022, including principal and interest accrued to February 3, 2014 (balance of $59,156.77 plus accrued interest of $1,239.45); negative escrow balance (advancements by lender) of $533.99; and other charges/fees of $270.87; plus interest accruing daily from February 3, 2014 at the rate of $9.31922 per day

$61,201.08

Unpaid balance due on Loan #3005984, including principal and interest accrued to February 3, 2014; plus interest accruing daily from February 3, 2014 at the rate of $1.92175 per day

$9,182.41

The total unpaid balance on both Loans (#3004022 & #3005984), as of February 3, 2014 and after allowing all credits

$70,383.49

Plus attorneys fees (inclusive of service, filing, lien search, lis pendens, and other fees advanced by Plaintiffs counsel) to February 28, 2014

$1,707.68

$72,091.17


6

Together with interest thereon from February 3, 2014 at the rate of

$9.31922 per day on Note #3004022 and $1.92175 per day on Note #3005984

until satisfied, and also for the costs of this action, plus any additional or accruing

costs, sheriffs costs, costs of sale, recording fees, expenses to preserve the real

estate, attorneys fees, real estate taxes, and any other fees, costs and expenses

incurred by Plaintiff up through and including the date of the sheriffs sale for

which Plaintiff, Bank Midwest, shall be given an additional lien against the real

estate;

5) That said judgment be and the same is hereby declared to be a lien

upon the following described real estate in Sac County, Iowa to wit:

and commonly known as 321 West 1st Street, Wall Lake, IA 51466 (the

mortgaged real estate or real estate);

6) That the right, title, lien and interest of Plaintiff, Bank Midwest, in

and to said real estate and all improvements thereon be and they are hereby

declared prior and superior to the right, title, interest, lien or claim of all

Defendants hereto, or any of them in and to said real estate;


7

7) That special execution issue for the sale of said real estate, herein

described, together with all improvements thereon, for the purpose of paying the

judgment, interest, costs and accruing expenses rendered in favor of Plaintiff,

Bank Midwest, and that thereunder said real estate, or so much thereof as is

necessary, be sold to satisfy Bank Midwests judgment;

8) That from and after the sheriffs sale under said special execution,

Defendants, and each of them, and all persons claiming by, through or under them,

are forever cut off, barred, and foreclosed of all right, title, lien, interest and claim

to said real estate;

9) That no rights of redemption will be allowed to any Defendant after

sheriffs sale and the purchaser at the sale is entitled to immediate possession of

the real estate after the sheriffs sale.

10) That a Sheriffs Deed issue to the purchaser at said sheriffs sale;

that a Writ of Possession shall be issued under the seal of the Court directed to the

Sheriff of Sac County, Iowa, commanding him to put the purchaser at said sale or

his successor in interest into possession of the real estate;

11) That any proceeds of the sale in excess of the amount required by

law to satisfy Bank Midwests judgment shall be distributed to junior lienholders

in accordance with their relative priority under Iowa law, for which the Court

retains jurisdiction to determine, if necessary;


8

12) The Court is advised that the parties herein have also agreed to the

following:

(a) Defendant Clemens shall, within 7 days of the filing of this

Decree, pay to Plaintiff the amount of $6,000.00 in certified funds to be

applied and credited to the amounts due to Plaintiff by Clemens. Thereafter,

Defendant Clemens shall timely and promptly pay $437.79 per month to

the Plaintiff;

(b) If Defendant Clemens timely makes the payments described

above, Plaintiff will delay the sheriffs sale of the mortgaged real estate for

six (6) months from the date of filing of this Decree to allow the mortgaged

property to be listed for sale with a duly licensed realtor (said realtor to be

approved by Plaintiff);

(c) If a reasonable offer with a fair sale price is approved (at the

discretion of Plaintiff), Plaintiff and Clemens may apply to the Court for a

sale, free of liens, using the procedure set forth in Iowa Code 654.17A;

(d) If no reasonable offer (as approved by Plaintiff) is received,

or the property is not sold within 6 months, or if Defendant Clemens does

not make the payments provided above, or fails to comply with any of the

terms of this agreement or otherwise fails to timely cooperate with the sale

and closing of the property, then Plaintiff may immediately proceed to sell

the property at sheriffs sale, including requesting issuance of the special


9

execution, without further notice and without further intervention of the

Court.

13) The Court will retain jurisdiction of this action for all matters,

including, but not limited to, determining the priority of the junior lienholders for

distribution of any overplus funds from the sheriffs sale, producing merchantable

title in the buyer at the sheriffs sale, appointing a receiver (if requested by

Plaintiff), and considering any application for sale of the property, free of liens.

SO ORDERED.


State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleEQCV019493 BANK MIDWEST VS. STEPHANIE CLEMENS ET AL

So Ordered

Electronically signed on 2014-03-24 15:16:43 page 10 of 10


decree of foreclosure, wall lake - eqcv019493

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