Petition for Foreclosure - EQCV019493
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Transcript of Petition for Foreclosure - EQCV019493
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
BANK MIDWEST F/K/A BANKMIDWEST, MINNESOTA IOWA, N.A.,
EQUITY NO. EQCV_________
PETITION FOR FORECLOSUREWITHOUT REDEMPTION/PETITION IN EQUITY(NOTICE OF LIS PENDENSREQUESTED)
Plaintiff (s),
v.
STEPHANIE CLEMENS F/K/ASTEPHANIE BROTHERSON F/K/ASTEPHANIE TEBBEN;CITIBANK (SOUTH DAKOTA) NA;TWILIGHT ACRES; andPARTIES IN POSSESSION,
Defendant (s).
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCURPROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THECOURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTENDEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OFJUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A
ONE-FAMILY OR TWO FAMILY DWELLING OR UNTIL TWO MONTHS FROMENTRY OF JUDGMENT IF THE MORGAGED PROPERTY IS NOT YOURRESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWOFAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTERTHE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TOIMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAYPURCHASE AT THE SALE.
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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).
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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).
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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
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$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
fees 1, 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).
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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:
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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
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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 Office926 Okoboji Avenue P.O. Box 537Milford, 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
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EXHIBIT 1, Note dated 12/15/05
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EXHIBIT 3, Mortgage recorded 12/20/05, Inst. 052802
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EXHIBIT 4, Extension recorded 12/26/07 as Inst. #072679
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EXHIBIT 5, Mortgage recorded 9/20/06, Inst. 062065; re-recorded 10/02/06, Inst. 062167
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EXHIBIT 7, Note dated 12/17/07
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EXHIBIT 8, Note dated 04/25/12
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EXHIBIT 10, Mortgage Mediation Notice
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Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa CourtRules 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 disabilitycoordinator at _______________________. Persons who are hearing or speech impairedmay call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legaladvice.
(SEAL)
_________________________________CLERK OF COURT
___________________County Courthouse
_________________, Iowa ___________
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECTYOUR INTERESTS
Sac
100 N.W. State Street, Suite 12, Sac City 50583
641-421-0990
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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 anexemption 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 andpassword 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 CHAPTER16 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 IOWACOURT 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.
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
BANK MIDWEST F/K/A BANKMIDWEST, MINNESOTA IOWA, N.A.,
EQUITY NO. EQCV_________
PETITION FOR FORECLOSUREWITHOUT REDEMPTION/PETITION IN EQUITY(NOTICE OF LIS PENDENSREQUESTED)
Plaintiff (s),
v.
STEPHANIE CLEMENS F/K/ASTEPHANIE BROTHERSON F/K/ASTEPHANIE TEBBEN;CITIBANK (SOUTH DAKOTA) NA;TWILIGHT ACRES; andPARTIES IN POSSESSION,
Defendant (s).
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCURPROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THECOURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTENDEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OFJUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A
ONE-FAMILY OR TWO FAMILY DWELLING OR UNTIL TWO MONTHS FROMENTRY OF JUDGMENT IF THE MORGAGED PROPERTY IS NOT YOURRESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWOFAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTERTHE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TOIMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAYPURCHASE AT THE SALE.
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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).
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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).
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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
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$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
fees 1, 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).
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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:
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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
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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 Office926 Okoboji Avenue P.O. Box 537Milford, 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
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EXHIBIT 1, Note dated 12/15/05
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o
EXHIBIT 2, Note dated 9/15/06
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EXHIBIT 3, Mortgage recorded 12/20/05, Inst. 052802
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EXHIBIT 4, Extension recorded 12/26/07 as Inst. #072679
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EXHIBIT 5, Mortgage recorded 9/20/06, Inst. 062065; re-recorded 10/02/06, Inst. 062167
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EXHIBIT 6, Extension Agreement recorded 12/26/07 as Inst.#072678
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EXHIBIT 7, Note dated 12/17/07
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EXHIBIT 8, Note dated 04/25/12
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