You are on page 1of 31
Pocument, 150156 Date 02/09/2015 time 30°17 aM ‘Total Fees: 957.00 ancy 1 Aven ‘Space Above This Line For Recording Data ‘This instrument was prepared by Shawn Doran, United Bank Of lowa - Ide Grove, 501 Second Street, Ida Grove, IA 51245, 712-364-3393 Return To: Shawn Doran, United Bank of lowa - Kingsley, 101 E. 1st Stret, Kingsley IA 51028 MORTGAGE (With Future Advance Clause) DATE AND PARTIES. Tho date of this Mortgage (Security Instrument) is January 29, 2015. The parties and their addresses are MORTGAGOR: ‘SCOTT DONALD CRANSTON ‘Spouse of Deanna Marie Cranston 146 Eastar Ct Ida Grove, 1A 51445, DEANNA MARIE CRANSTON ‘Spouse of Scott Donald Cranston 146 Easter Ct Ida Grove, 1A 61445, LEE STEVEN CRANSTON ‘Spouse of Mindee Sue Cranston 2991 Esther Ave Odebolt, A 51458 MINDEE SUE CRANSTON ‘Spouse of Lee Stevan Cranston 2991 Esther Ave Odebolt, A 51458 LENDER: UNITED BANK OF IOWA Organized and existing under the laws of lowa 501 Second Stre Ida Grove, IA 51445 1. CONVEYANCE. For good and valueble consideration, the receipt and sutticiency of Which is acknowledged, and to secure the Secured Debts end Mortgegor’s performance under this Security Instrument, Mortgagor does hereby grant, bargain, Warrant, convey and mortgage to Lender, the following deseribed property A part of Block Six (6) and a part of vacated Richland Avenue in Wheeler's Second ‘Addition to Odebolt, Sac County, lowa, and being more fully described as follows! Beginning at the Southwest comer of Lot Sixteon (16), Block Six (6), Wheeler's ‘Second Addition to Odebolt, Iowa, said point being on the Northeastery line of Markt ‘Steet; thence North 67° 32' 54" West 177.70 feet, along the Northeastery line of Seid Market Street; thence North 02° 36' 00" East 151,00 feet; thence South 84° 37" 48° East 158.00 feet to a point on the West line of Lot Eight (8) of said Block Six (6); thence South 204.00 feet, the point of beginning long the West line of Lots 8 through 16 of said Block 6 to ‘The above-described parcel contains .658 acres and is subject to all easements of record. “The West line of Main Street adjacent East to Block 6, Wi used as bearing due North and South, rs Second Addition is Subject to any and all easements, restrictions and ordinances of record. ‘The property is located in Sac County at U.S. Hwy 75, Odebolt, lowa 51458, Together with all rights, easements, appurtenances, royalties, mineral rights, oll and 985 rights, all water and riparian rights, wells, ditches and water stock, cfops, timber, all diversion payments or third party payments made to erop producers and all existing land future improvements, structures, fiktures, and replacements that may now, or at any time in the futuro, be part of the real estate described (all referred to as Property This Security Instrument will remain in effect unt the Secured Debts and all underving agreements have been terminated in writing by Lender, NOTICE. THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $45,000.00. 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. HOWEVER, THE PRIORITY OF A PRIOR RECORDED MORTGAGE UNDER THIS SECTION DOES NOT APPLY TO LOANS OR ADVANCES MADE AFTER RECEIPT OF NOTICE OF FORECLOSURE OR ACTION TO ENFORCE A SUBSEQUENTLY RECORDED MORTGAGE OR OTHER SUBSEQUENTLY RECORDED OR FILED LIEN. 2, MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security instrument at any one time and fiom time to time will not exceed the amount stated above. Any imitation of amount does not include Interest and other fees and cherges validly made pursuant to this Security Instrument. Also, this limitation does not apply {0 advances made under the terms of this Security Instrument to protect Lender's secutty and to pertorm any of the covenants containd in this Security instrument. 3. SECURED DEBTS AND FUTURE ADVANCES. The term “Secured Debts” includes {and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications. and replacements. A promissory note or other agreement, No. 807420:96, dated January 29, 2018, from Cranston Brothers (Borrower) to Lender, with @ maximum eredit limit of $800,000.00. B. Future Advances. All future advances from Lender to Cranston Brothers under the Specific Debts executed by Cranston Brothers in favor of Lender after this ‘Security Instrument. If more than one person signs this Security Instrument, each ‘agrees that this Security Instrument will secure all future advances thet are given to CCranston Brothers either individually or with others who may net sign this Security Instrument. All future advances are secured by this Security Instiument even ‘though all or part may not yet be advanced. All future advances are secured ge if ‘made on the date of this Security instrument. Nothing in this Seourty Instrument shall constitute a commitment to make additional or future advances in eny ammount. ‘Any such commitment must be egreed to in a separate writing. ©. All Debts. All present and future debts from Cranston Brothers to Lender, even if this Seourty Instrument is not specificaly referenced, or if the future debt is unrelated to or of a different type than this debt, If more than one person signs this Security Instrument, each agrees that it will secure debts incurred elther individually ‘or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes @ commitment 1o make additional or future loans or ‘advances. Any such commitment must be in writing, This Security Instrument will fot secure any debt for which @ non-possessory, non-purchase money security interest is created in "household goods” in connection with @ "consumer loan,” as those torms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain @ "statement of purpose," as defined and required by federal law governing securities. This Security Instrument will not secure any other debs if Lender fails, with respect to that other debt, to fulfil any necessary requirements or conform to any limitations of Regulations Z and X that are required for loans secured by the Property D. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms ofthis Security Instrument. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. NON-OBLIGATED MORTGAGOR. Any Mortgagor, who is not algo identified as Borrower in the Secured Debts section of this Security Instrument and who signs this Securlty Instrument, is referred to herein as a Non-Obligated Mortgagor for purposes of subsection 7(d)(4) of 12 C.F.R, 1002 (Regulation B) which implements the Equal Creait Opportunity Act (ECOA). By signing this Security Instrument, the Non-Obligated Mortgagor does mortgage and assign their rights and interests in the Property to secure payment of the Secured Debts, to create a valid lien, to pass clear tile, to Waive inchoate rights and to assign earings of rights to payment under any lease or rent of the Property. However, the Nen-Obligated Mortgagor is not personally liable for the Secured Debts by virtue of signing this Security Instrument. Nothing in this section shall bo construed to modify ot otherwise affect the NonObligated Mortgagor's obligations, if any, that were separatoly made with Lender in a separate agreement and duly signed by the Non-Obligated Mortgagor in the context of that ‘separate agreement. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor Is or will be lawfully ‘seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, mortgage and warrant the Property. Mortgagor also werrants ‘that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, curity agreement or other lien document that created a prior security interest of ‘encumbrance on the Property, 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. .Not to allow any modification or extension of, nor to request any future advances Under any note or agreement secured by the lien document without Lender's prior written consent, 8. CLAIMS AGAINST TITLE. Mortgagor will pay all texes, assessments, liens, encumbrances, lease payments, ground rents, utlties, 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 tho receipts evidencing Mortgagor’s Payment. Mortgagor will defend tile to the Property against eny claims that would the lien of this Security Instrument. Mortgagor agrees to assign to Lender, 0s id by Lender, any rights, claims or defenses Mortgagor may have against Parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. Lender mey, at its option, declare the entire balance of the Secured Debt to be immediately dus and payable upon the creation of, or contract for the cretion of, any lien, encumbrance, wransfer of sale of al or any part Of the Property. This tight is subject to the restrictions imposed by federal lav, as applicable 10, WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to ‘enter into this Security Instrument, The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor of to which Mertgagor is a pary 11, PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. Mortgagor will kop the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste impeitment, or deterioration of the Property. Mortgagor will keep the Property tree of ‘noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent, Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss of damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Morigagor has the right to remove tems 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 atleast ‘equal in value to the replaced personal property, free trom any title retention device, security agreement or other encumbrance. Such replacement of personal property wil bbe deemed subject to the security interest crested by this Security. Instwument. Mortgagor will not partition or subdivide the Property without Lender's prior written Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and frequency for the purpose of inspecting, valuating, or appraising the Property. Lender will give Mortgagor notice at the time of or before an on-site inspection, valuation, or appraisal for on-going due dligence or otherwise specifying a Feasonable purpose. Any inspection, valuation or appraisal of the Property will be ential for Lender's benefit and Mortgagor wil in no way fely on Lender's inspection, Valuation or appraisal for its own purpose, except as otherwise provided by law. 12. AUTHORITY TO PERFORM. If Morigagor fils to perform any duty or any of the Covenants contained in this Security instrument, Lender may, without notice, perform ‘or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign ‘Mortgager's name ot pay any amount necessary for pertotmance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will nt preclude Lender fom exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or ot carried on in a reasonable manner, Lendor may take all stops necessary to protect Lender's security interest in the Property, including completion of the construction. 13. ASSIGNMENT OF LEASES AND RENTS. Morgagor assigns, grants, bargoins, conveys, mortgages and warrants to Lender as additional security all the right, tile and Interest in the folowing (Property. ‘A. Existing of 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, mosifications 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 defauit, cancellation premiums, "loss of fonts” insurance, guest receipts, revenues, royalties, proceeds, Bonuses, accounts, Contract rights, general intangibles, and all rights and claims which Mortgagor may hhave that in any Way pertain to oF are on account of the use or occupancy of the whole of 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 sa security agreement. Mortgagor wil promptly provide Lender with copies of the Leases and will certify these Leases are ‘rue and cortect 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 Mortgegor is notin default. Mortgagor wil not collect in advance any Rents due in future lease periods, unless Mortgagor first ‘obtains Lender's written consent. Upon default, Morigagor 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 {rom the Property to Lender. Amounts collected will be applied at Lender's ciseretion to the Secured Debts, the costs of managing, protecting, valuating, appraising and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective 6 to third parties on the recording of this Assignment. This Security Instrument will romain effective during any statutory redemption period until the Secured Debts are satisfied. As long e 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 landiords 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 Mortgagar or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notity Lender. If Mortgagor neglects or fefuses to enforce compliance with the terms of the Leases, then Lender may, et 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. Mortgegor wil 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, ot other losses or damages when Lender acts to manege, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagar will indemnity Lender and hold Lender harmless forall ability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 14, DEFAULT. Mortgagor will be in default if any of the following events (known separately and collectively as an Event of Default occur: ‘A. Payments. Mortgagor or Borrower fall to make @ payment in full when due, B, Insolvency or Bankruptcy. The death, dissolution oF insolveney of, appointment of a receiver by or on behalf of, application of any debtor relict law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, benkruptey, reorganization, Composition of debtor relief law by of against’ Mortgagor, Borrower, or any covsigner, endorser, surety or guarantor of this Security Instrument or any other ‘obligations Borrower has with Lender. C. Death or incompetency. Mortgagar dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition er to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Dabrs. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. . Mistepresentation.. Mortgagor makes any verbal or written statement or provides ‘any financial information that is untrue, inaccurate, or conceals @ material fact at the time it is made or provided H. Judgment. Morigagor fails to satisty of appeal any judgment against Mortgagor. |. Forfeiture. The Property is used in a manner or for @ purpose that threstens Confiscation by a legal authority J. Name Change. Mortgagor changes Mortgagor's name of assum ‘name without nottving Lender before making such a change, K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor’s ‘money of property. ‘This condition of defauit, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. LL Property Value. Lender determines in good faith that the value of the Property has declined or is impaired, IM. Erosion. Any loan proceeds ere used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to an adsitonel produce of make possible the production of an agricultural commodity, as further explained in 7 CFR Part 1940. Subpart G, Exhibit M. NN. Insecurity. Lender determines in good faith that @ material adverse change has ‘occurred in Borrower's financial concition from the conditions set forth in Borrower's most recent financial statement before the date of this Seourty Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason, 1B, REMEDIES. On or after the occurrence of an Event of Default, Lender may use any ‘and all remedies Lender has under state of federal law or in any document relating 0 the Secured Debts, Any amounts advanced on Mortgager's behalf wil be immediately ddue and may be added to the balance owing under the Secured Debts. Lender may ‘make claim for any and all ineurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of an Event ‘of Default or anytime thereafter. Upon a defauit by Mortgagor, Lender may take possession of the Property itself or through @ court appointed receiver, without regard to the solvency or insolvency of Mortgagor, the value of the Property, the adequacy of Lender's security, or the existence of any deficiency judgment, and may operate the Property and collect the ents and apply them to the costs of operating the Property andlor to the unpaid debt. All remedies are distinct, cumulative and not exclusive, and Lender is entitled to al remedies provided at law or equity, whether or not expressly sat forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will ot constitute a waiver of Lender's right to require full and complete cure of any texisting default. By not exercising any remedy, Lender doas not waive Lenders right to later consider the event a defauft it continues or happens again 16, REDEMPTION. Mortgagor agrees that in the event of foreciosure of this Security Instrument, at the sole discretion of Lender, Lender may elect to reduce or extend the period of redemption for the sale of the Property to @ period of time as may then be {authorized under the cicumstances and under any section of lowe Code Chapter 628, (oF any other lowa Code section, now in effect or as may be in effect at the time of foreclosure. 17. COLLECTION EXPENSES AND ATTORNEYS’ FEES. On or after the occuts an Event of Default, to the extent permitted by law, Mortgagor agrees to pay expenses of collection, enforcement, valuation, appraisal of protection of Lender's Fights and remedies under this Security Instrument or any other document relating to the Secured Debts. Morigagor agrees to pay expenses for Lender to inspect, valu ‘appraise and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, attomeys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will boar interest from the date of payment until paid in full at the highest interest rate in effect as provied for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys" fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptey proceedings initiated by or against Mortgagor. 18. 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 0a), all other federal, state and local laws, regulations, ordinences, court orders, attorney general opinions or interpretive letters concerning the public health, safety, Welfare, environment er a hazardous substance; and (2) Hazerdous 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, wellate or environment, ‘The term inchides, without of limitation, any substances defined as “hazardous material," “toxic substance, “hazardous waste,” "hazardous substance," or “regulated substence” under any Environmental Law. Mortgagor represents, warrants and agrees that: ‘A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, of will be located, transported, manufactured, ‘weated, refined, or handled by any person on, under or about the Property, excopt ia the otdinary course of business and in strict compliance with all applicable Environmental Law, 'B. Excopt as previously disclosed and acknowledged in writing to Lender, Mortgagor thas not and will not cause, contribute to, or permit the reloase of any Hazardous ‘Substance on the Property. . Mortgagor will immediately notity Lender i (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates of 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. D. Except as previously disclosed and acknowledged in writing to Lender, 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 38 soon as Mortgagor hes teason to believe there is any such pending or threatened investigation, claim, of 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, Excopt a8 previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have bean, are and will remain in full compliance with any ‘applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there a ro underground storage tanks, private dumps or open wels located on of under the Property and no such tank, dump or well will be added unless Lender fst consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activites 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 wil permit, or cause any 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 of about the Property: of (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. 1. Upon Lender’s request and at any time, Mortgagor agrees, at Mortgegor's expense, to engage a qualified environmental engineer to prepare an environmental ‘uit of the Property and to submit the results of such audit to Lender. The choice ff the environmental engineer who will perform such aualt 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 of promise ‘made in this section, (1) Mortgagor wil indemnity and hold Lender and Lender's successors or assigns harmless from and against all losses, cleime, iabilties, damages, cloanup, response and remediation costs, penalt 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 fiscretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property without Prejudice to any of Lender's rights under this Security Instrument. LL. Notwithstanding any of the language contained in this Security Instrument to the Contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any oral of the Property. Any claims and defenses to the contrary are hereby waived 19. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any of al of the Property through condemnation, eminent domain, or any other means. Mortgagor ‘authorizes Lender to intervene in Mortgagor’s name in any of the above described actions or claims, Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with @ condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and wil be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 20, INSURANCE. Mortgagor agrees to keep the Property insured against the risks Teasonably associated with the Property. Mortgagor will maintain ths insurance in the ‘amounts Lender requires, This insurance wil last untit the Property i released from this Security Instrument. What Lender requires. pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unveasonably withhe's. Al insurance policies and renewals shall include standerd "mortgage clause” (or "lender loss payable clause") endorsement that names Lender as “mortgagee” end loss payee". If required by Lender, all insurance policies and renewals will also include an “additional ineured” endorsement that names Lender as an “additional insured", If required by Lender, Mortgagor agrees to maintain comprehensive general jabilty insurance and rental loss of business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional inguted. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, ‘and required escrow account deposits iif agreed to separately in waiting). Mortgagor wil give Lender and the insurance company immediate notice of any loss All ingurance proceeds will be applied to restoration of repair of the Property of to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged Condition, Mortgagor’s rights to any insurance policies and proceeds will pass to Lender tothe extent of the Secured Debts, Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured, Lender may obtein insurance to protect Lender's interest in the Property and Mortgagor will pay for the insurance on Lender's demand. Lender may demand that Mortgagor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it atthe rate that applies to the Secured Debts, This insurance may include coverages not originally required of Mortgagot, may be written by ¢ company ather than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Morigagor purchased the insurance, Mortgagor acknowledges and agrees thet Lender of one of Lender's afilates mey receive ‘commissions on the purchase ofthis insurance. 21. ESCROW FOR TAXES AND INSURANCE. Mortgogor will not be required to pay to Lender funds for taxes and inguranca in escrow. 22, WAIVERS. Except to the extent prohibited by law, Mortgagor waives any rights felating to reinstatement, all rights of dower and distibutive share and all homestead ‘exemption rights relating to the Property 23, FIXTURE FILING. Mortgagor gives to Lender a security interest in all goods thet Mortgagor owns now or in the future and that are or will become fixtures related to the Property, 24, PERSONAL PROPERTY. Mortgagor givos to Lender a security interest in all personal property located on or connected with the Property, including ell farm products, inventory, equipment, accounts, documents, instruments, chattel paper, ‘General intangibles, and all other tems of personal property Mortgagor owns Now oF Ia the future and thet sre used of useful in the construction, ownership, operation, ‘management, of maintenance of the Property (all of which shall also be included in the term Property). The term “personal property" speciticaly excludes that property described as "houschold goods" secured in connection with a “consumer” logn a ‘those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. 25, OTHER TERMS. The following are applicable to this Security Instrument: [A Line of Credit. The Secured Debts include a revolving line of credit provision. ‘Although the Secured Debts may be reduced to @ z0t0 balance, this Security Instrument will remain in effect until the Secured Debts and all underlying ‘agroements have been terminated in writing by Lender B. No Action by Lender. Nothing contained in this Security Instrument shall require Lender to take any action, 26, APPLICABLE LAW. This Security Instrument is governed by the laws of lowa, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 27. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor’s ‘obligations under this Security Instrument are independent of the obligations of ny ‘other Mortgagor. Lender may sue each Mortgagor individually or together with any ‘other Mortgagor. Lender may release any part of the Property and Mortgagor wil stil be obligated under this Security Instrument for the remaining Property. Mortgagor ‘agroes that Lender and any party to this Security Instrument mey extend, modify ot ‘make any change in the terms of this Security Instument or any evidence of debt without Mortgagor's consent. Such a change wil not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and essigns of Lender and Mortgagor. 28, AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amonded or modified by oral agreement. No amendment or modification of this ‘Security Instrument ls effective unless made in writing and executed by Mortgegor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenterceable provision willbe severed and the remaining provisions will stil be enforceable. 28, INTERPRETATION. Whenever used, the singular includes the plural and the plurat includes the singular. The section headings are for convenience only and are not to be Used to interpret of define the terms ofthis Security Instrument. 30, NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise Fequired by law, any notice will be given by delivering itor mailing it by fist class mail to the appropriate party's address listed in the DATE AND PARTIES section, of to any other address designated in writing. Notice to one Mortgagor will be deemed to be Rotice to all Mortgagore. Mortgagor will inform Lender in writing of any change in Mortgagor’s name, address or other application information. Mortgagor will provide Lender any other, correct and complete infotmation Lender requests to effectively ‘mortgage or convey the Property. Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Mortgagor agrees to sign, deliver, and fle any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mottgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Mortgagor agrees to pay all expenses, charges and texes in connection withthe preparation and recording thereof, Time is of the essence. Tunderstand that homestead property is in many cases protect claims of creditors and exempt from judicial sale and that by ‘contract, | voluntarily give up my rights to this protection for t spect to claims based upon this contract. PLC tt Donald Cranston Individually pote /- 29 = / 5 nna CansterJ jeanna Marie Cranston Individually date /-A-1S V7 Te Steven Cranston Individually Date LV rdee ( a erst setts Coa Individually vate 29-15 IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT] SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this ‘Security instrument. MORTGAGOR: fat Bonald Craneton Individually QanneCerker> Individually _Mrleo han gon2 iindoe Sue Cranston Indvduay ACKNOWLEDGMENT. State oF _lewa__Caunby__0F_Sac__ ss. Satie pate “day of Januar Fass — before me, a Notary Pubic ia the state-of lowe, Dersonaly appeared Seon Donald Grenton , spouse of Deanna Mare Cranston, Deanno Marl Cranston , spouse of Scott Donald Craaton, Lee Steven Cranston» spouse of Mindse Sue Cranston, ahd Mindee Sue Cranston Spouse of Loe Steven Cranston, to ma known to bo the persis} named i and Whe Srocited the foregoing istument ond weknowledged that helshelthey executed the Some os hier voluntary act and deed My commission expies &, Rowryribies Pages 2 Date 02/09/2015 Time 10:21 AM ‘total Fees: $7.00 Document 150157 R RELEASE Mancy L Aven ‘SAC COUNTY RECORDER Prepared by and Return to: Debra Hottort, United Bank of lowa, 417 4” Street, Rockwell City, lowa $0879,"77°2. (712) 297-7547 RELEASE OF REAL ESTATE MORTGAGE The undersigned the present owners) of the morgage hereafter destbed, do acknowedge that a corain ‘morgage bearing the date ofthe 18" day ol May. 2003 made and executed by Dovalas J. Schutz and Theresa M_ Schultz, as husband & wife, to United Bank of lowa and fled as Instrument No, 031304 on the 27" day of ‘May, 2003 in Sac County, lowa, is hereby released. Dated this_ day of February, 2018 United Bank of lowa lirich, Sr. Vice President/Retall Banking CORPORATE State of lowa, Ida County, ss: on tis ‘5 day of February, 2018, Before me, the undersigned, a Notary Publ in and or said the County and Sale, personaly appeared, Owen C. Bolte ‘and Jaffrey J. Ullaeh to me personal known, who being by me dly svom, dd say hat they are President & CEO and St. Vice PresldenURetall Banking respectively, of Sad corporation that he seal afxed thereto the seal of said) corporation; thal sad insvument was signed and seal on behalf of sad corporation by author of is Board of Directors; and thatthe said President & {GEO and Sr. Vice President/Retall Banking as such offcers, acknowledged the execution of sad instrument tobe the voluntary act and deed of sai corporation, by it and by them voluntary executed, Au Loh hte Pe _ aa weTer VANS capmisontivnes 71754 Document 150158 arr AFFIDAVIT. Pages 2 Date 02/09/2015 Time 10:23 AM Total Fees: $17.00 Nancy & Aven SAC COUNTY RECORDER AFFIDAVIT Recorder's Cover Sheet Preparer Information: Joseph J. Heidenreich, 100 N. Main Street, Odebolt, JA $1458 (712) 668-2250 ‘Taxpayer Information: Ronald Glede, 179 Papa Lewis Place, Billings, MO 65610 Return Address: ‘osoph J. Heidenrcich Dresselhuis & Heidenreich 100 N. Main Street P.O, Box 477 Odebolt, [A 51458 Grantors: See Page 2 Granteos: ‘Soe Page 2 Legal Deseription: See Page 2 Document or Instrument Number if Applicable: Affidavit of Death suse of _Myzoutn County of cust) 1, Ronald Glade, being first duly swom on oath, depose and state as follows: |, That | am the surviving sponse of Julieta Glade and thet the said Julietta Glade died on ‘or about the 28" day of July, 2012, All property owned by Julietta Glade at her death _was jointly owned by Julietta Glade and the undersigned Ronald Glade. We have a tot in Odebolt, lowe, being the following described real estate: Outlot Thirteen (13) in Section Twenty-seven (27), Township Eighty-seven (87) North, Range Thirty-eight (38) West of Sth P.M., Sac County, Iowa. 2. Title to the above realestate has passed to Ronald Glade. 3. Thereby request that the auditor enter this information on the transfer books. AFFIANT SAYETH NOTHING FURTHER: ste Dated Se 2015. | Ronald Glade Subbed and ono nee ei 1a of UM Uy 205 Cope Notary Public iend for the State of WSO) ee esd Sparse Document _150159 > ‘DEEDS Date 02/09/2015 me Total Fees: $17.00 ‘Transfer Tax Collected: Rev Stamt 22 Dové Mancy 1 Auen SAC COUNTY RECORDER ay WARRANTY DEED Phy THE IOWA STATE BAR ASGOCIATON : : Recorders Gover Sheet, Woe Preparer Information: (Name, address and phone number) Joseph J. Heidenreich, 100 Main, PO Box 477, Odebolt, [A $1458, Phone: (712) 668-2250 ‘Taxpayer Information: (Name and complete address) Judd Thomson, 348 N. Main, Odebolt, IA 51458 Retum Document To: (Name and complete address) Joseph J. Heidenreich, 100 Main, PO Box 477, Odebolt,IA. 51458, Phone: (712) (668-2250 Grantors: Grantees: Ronald Glade Judd Thomson Legal description: See Page 2 Document or Instrument number of previously recorded documents: Pages 2 20:24 aw $3.20 330 ‘DEEDS Pages 2 Date 02/09/2015 Time 10:44 AW Total Fees: $17.00 — a a) PERT ETON Kevin Murray TR TS EET Sn aoe Sigtoun Sonar on out WARRANTY DEED eonsideraton of One ($1.00) and no/100 Datars) and other valuable consideration, Calvin F. Tu a single person de hereby Convey to Verdesn R Luft he folowing described real estate in Sa ‘Counly, lows [See I in Addendum Grantors do Hereby Covenant with grantees, and successors in interes, that grantors hold the realestate by tle in fee simple; that they have good and lawful authoriy to sell and Convey the real estate; thatthe real estate s fee and clear of al lens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated, Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context Dated: | Ilo“ cabins 4 $ (Grantor) (Granton| STATE OF__IOWA_ COUNTY OF SAC ‘This record was acknowledged before me this IGuh day of Jara , 2215, by Calvin L Luft a single person — Fos of Notary Public (This form of acknowledgment for individual grantor(s) on) Fa aS Ay aaa Addendum ‘The West 38.75 Acres of the following described tract of land; The North Half of the Northeast Quarter (N' NE%) (except the 2.5 acres of cemetery site in the Northeast comer thereof), Section Sixteen (16), Township Eighty-eight (88) North, Range Thirty-eight (38) West of the Sth P.M., Sac County, Iowa. AND ‘The Southwest Quarter of the Northeast Quarter (SWY NE%) of Section Sixteen (16), ‘Township Eighty-cight (88) North, Range Thirty-eight (38) West of the Sth P-M., Sac County, Jowa, This deed is exempt according to lowa Code 428A.2(13), Document 150161 > DEEDS Pages 1 Date 02/09/2015 Time 10:45 AM Total Fee $12.00 Nancy L Auen eek Rr Kevin Murray keneneee jRewn To Kevin ot Sac Cy 1A SUSEE WARRANTY DEED For the consideration of i 9/100. vedo Cah ae Barer Cai Rsbantaa te— de hereby (Sonvey to Calvin L_Laft EE jr(6) and other valuable consideration, folowing described realestate in Seen ows Hite Wea Half of the Southead Quaior(W7SSED9} of Seaton Twang (20) Township Eighty-seven 87) North, Range Thirty-eight (38) West ofthe Sth P.M. Sac County, Iowa. [This deed is exempt according to Towa Code 4284.2(13). Grantors do Hereby Covenant with grantees, and successors in interest, that grantor hold the real estate by tite in fee simple; that they have good and lawful authoiy to sell and Convey the real estat; that the realestate is free and clear of alliens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated, [Each ofthe undersigned hereby relinquishes all rights of dower, homestead and distributive share in and tothe realestate. Words and phrases herein, including acknowledgment hereof, shall be construed ain the singular or plural number, and a8 masculine or feminine gender, according to the conten, Dated Lido K Bitlins Sagl Verdeen Luft TGrarton Darlene Luft ante) IstATE OF___IOWA__, couNTY oF SAC ‘This record was acknowledged before me this Gu” day of rawr »2ois_, by_Verdeen Luft and Darlene Nfl husband and wife Signature of Notary Pul This form of acknowledgment fr individual grantots ont) Document 150162 > ‘DEEDS Date 02/08/2015 time Total Fees: $17.00 Nancy 1 Auen SAC COUNTY RECORDER * TRUSTEE WARRANTY DEED cbs’ THE IOWA STATE BAR ASSOCIATION. : : Oficial Form No. 106 ‘yin [Se Recorder's Gover Sheet Soctaw Preparer Information: (Name, address and phone number) Warren L., Bush,101 Boyer St., P.O. Box 159 Wall Lake, IA 51466-0159, Phone: (712) 664-2892 ‘Taxpayer Information: (Name and complete address) Allen F. Nieland 1049 Bella Viste Dr. Carroll, Iowa 51401 jf Return Document To: Allen F. Nieland 1049 Bella Vista Dr Carroll, lowa 51401 (Name and complete address) Grantors: Grantees: ‘Allen F. Nieland and ‘Allen F. Nieland Paul Siegner, as Trustees of the Allen F. Nieland Trust Share dated December 10, 2012 Legal description:Sec Page 2 Document or instrument number of previously recorded documents: [ Warren L, Bush aera p's TRUSTEE SPECIAL WARRANTY DEED KVR F (Inter Vivos Trust) For the consideration of Dollar(s) and other valuable consideration, Allen E. Nieland and Paul Siegne (Trustee){6e-Frustees) of Allen F. Nicland Trust Share dated December 10, 2012 does hereby convey to Allen F. Nieland the following described real estate in Sac County, Towa: The North Haif of the Southeast Quarter (N1/2 SEI/4) of Section Twenty-five (25), Township Eighty-six (86) North, Range Thirty-five (35) West of the Sth P.M., Sac County, lowa. This deed is exemps according to lows Code 4284-2021) ‘The grantor does hereby covenant with grantees, and successors in interest, to warrant and defend the real estate against the lawful claims of all persons claiming by, through or un- |_| der grantor, except as may be above stated | | ‘The grantor further warrants to the grantees all of the following: That the trust pursuant to | which the transfer is made is duly executed and in existence; that to the knowledge of the grantor the person creating the trust was under no disability or infirmity at the time the trust was created; that the transfer by the trustee to the grantees is effective and rightful; and that | the trustee knows of no facts or legal claims which might impair the validity of the trust or the | | validity of the transfer. | Words and phrases herein, including the acknowledgment hereo, shall be construed as in| the singular or plyral number, according to the context a ——r—O—COC—C—CO—O—C— By Allen Miclend , Teesres Ahld £ Alashant Gite) Allep F. Niel Ss By:_feul Siegaer | Teesree Plt (title) Paul Siegner As (Trustee) 4Go-Frustee} of As (Trustee) {Co-Truste} of The above entitled trust The above entitled trust STATE OF ___IOWA__, COUNTY OF CARROLL. | This record was acknowledged before me this 7” day of __ February 015: by [Se | As (Trustee! of the above entitled trust. ¢ ) {oe Trustee}: ve é | 2 | Rae MITER, igrfature of Notary Public camer mee “fa* | Mi cgisschannes 22, CAVEAT. Te tuys coat wn ee anercancamng he mae pecan araingoutee | warranties contained herein i LY Naney Auon RECORDER See County, tows 2 a hing tne reome e Greece Loan No TRI2SL ASSIGNMENT OF MORTGAGE Tease ng apn eaten Smirk tet inscutlit ion stunts, Nc RS NOuieE Pom MO! pemenent SSIGRS pate nf i yas anor Boon #00 ice eRe SRE CHHNORTEAR kerne7 Baers * = hee {Al enone tose sipnees appear seve tave quid ten 4 sey aM hve revi Bi document at rye asncrewo pe ie ‘ees rarer cn be meh hy of Fay ine e201 y Rte Veli Mice RESIDENT of vivo GaGe, TNC, wha at ah VICE PRESIDENT tr ie auboraed oe ee Fe wa tes ie Sine ce {C2 MOSS NOTARY PUBLIC o “ egrahooal se FOMM EXPIRES! OnUS2016 Instr. Number: £10030 ‘Recorded? 2/9/2015 et 1:57:00.0 PM Fee Amount: $22.00, Revenue Tax: $0.00 Maney Aven RECORDER ‘Sue county, lowe @lowapot ‘STATE LAND PATENT Recorders Cover Shoet PREPARER INFORMATION: Cyndy Howell Iowa Desartmant of Transportation, Fight of Way Ofice, 800 Lincoln Way, Ames, IA 50010 515-290-1536 ‘TAXPAYER INFORMATION: Dennis Lyn Oagner and Julle Ann Degner, 2507 Yankee Avenue, Lon, IA 50561 RETURN DOCUMENT TO: Cyndy Howel, ona Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, 14 50010 GRaNToRS: GRANTEES: State of ova, Dennis Lyn Degner and Jlle Ann Dogner LEGAL DESCRIPTION: See Page 2 DOCUMENT OF INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS: ‘Sac County Project No. NHSN-20-2(61)-29-81 Dennis Lyn Degner and Jua Ann Dagner (Parco! 123) Pago 1 of Pear by Rene {yn Hone A Deparment of Taner, ig Way Of, S00 Lisoln Way, Abe TA S010, $15.2841834 ‘es Tex Sarat: Deis Lyn Depa Ste A Dogo, 2807 Yates sven Lyon TA S061 State of Iowa OFFICE OF THE SECRETARY OF STATE Patent No,_5959 STATE LAND OFFICE ‘The STATE OF IOWA, subject to conditions sted in this patent, hereby conveys to Dennis Lyn Degner and Julle Ann Degner, realestate in Sae County, lowa, and mora particulary deserbed as follons! ‘A parcel of nd ocaadtn apart of the Nontest fte Southeast and na pat he Nosheast ofthe Seutesst ot Seton 12. Township 8 Norm Range Ss West ob ith Praca! Merle, Ss Coury, ov, ‘3 shown onthe Acquistion Plt Et "A" Pit 22 aleced brea andy Tern ae apt hee ae "or paredarydesebed a lows ‘Begining at the Southeast Corn: fhe Nothest of he Southeast ol sid Sesto 12; thane North 04055" Eas, 1010.17 foot (310.845) along he East na asad Sauoaat tance Noh Bo" OO" West. 181410 fet 32.940m; thence Norm "OS Wet, 906.75 fet Sts Serr oa pomton the Wes te of ald Soutoos hone Sou OT 1007's 8706 fot (296.985m) along sid Wea tno he Soutonet Gorn ofthe Horiwact tthe Soutoast a at Seton ‘2 thon Sau S6°1 704 Eos 2008.75 oat (@ooctien) tothe Port ot Bograng, canting 6B? aor, cae e117 actos of exsng county rosdnay ‘Dict acess bots he shove descbod parcel and and US, 20 wie poiited ‘The Site einer onty thereon forthe ppt a contra ar msrsing the ratty nce. The {ence shal be mantane or eile aeoese corr proces ny. Te Sse al bs ft bless a wat ‘aby fe tercng pate propany or wastaing th amo. The baer may pasture agus cea he oh ef andthe Seow be held bamoloss ond way for tencag pate propery or hantaing te sare “These provision un wih to land and are bing upon buyers, th ors, successor, ane asins. Declaration of Valu Fog snot reauird,a¢ tho So of oma ie the Grantor an exp rm sch fing by ‘Ststn 428A 26) the Cos of ows, ‘CONDMONS: Authority and consideration for issuance of ths patent are stated in the cetficate ofthe Fight of Way Director of the lowa Department of Transportation fied withthe State Land Ofice as provided in lowa Code Section 9G 6, This conveyance is subject tothe candtions imposed by lowa Code Sections 30622, 306.23, 308.24, and 306.25, mcluding the right of a uly association, company of Cofporation to continue in possession of aright of way in use al the time of the sale, |, Terry E. Branstad, Governor ofthe State ‘of lowa, have causod this instrument to be issued and the Great Seal of the State of lowa to be pifixed to iat Das Moines, on te Breed cay alana 2015, ul D. Pate, lowa Sbéfetary of Sate {nereby certify that the foregoing Patent is recorded in Vol. 27__ pa Office. IOWA DEPARTUENT CF TRANSPORTATION AOQUISTTION PLAT EMIBIT "AY PLAT 2 oF 2 cowry ______sac STATE cNTROL no, ene THISH=O20-2CETI==ORCHT PARCEL nO. 123 secriox 32, Tomsiie__86N nance 350 an - Fee 60.77 + SE — acs out CLAW ACQUIRED ACCESS HATS FAW STA. to sta. MIN LIN sine ‘ACQUIRED ACCESS RIGHTS FROM STA, 19 sth SIDE gay sing FT ge + INCLUSIVE OF 1.17 ACRES OF EXISTING COUNTY ROADWAY EASEMENT, MOBS, me ncaa ME OU te tes SB CHOSE CSS ates akh.1 Sed Wi BIS ar Sols MME 22 3a 620,36" Cae, | Phnany aA HO S20 : | Mei, Le Mille s NEY se ee Ys "2:Faa-RasW ne ¢ PART OF THE Feo NW YA SE Ye Se see 12-Teen-1 LY, Bg g nk & aren fis € ou con wy gga tT OFF 88 Ta ea Aas E12 TaanaSN : fone oF escwenno—| 2 ECT Mectin” glue ; 28/58 BS125 5 : eas y gai = z 8 SEC eee 2 Xu ean se see ta-ramasn z (het Bin wit teptole can HER Shs Be izramnnay | BE Bide rot on ex N Astrie stot antag boged Sn the Ss hued inser SeSeTOOate" athe o 30 febetD, WyBirsy 2-16-2009 foeri wm Tee Ta 1 yo ome ate sch ee eu ce ye ne I SE ott SCALE INFEET Document GWH150159 om GroundMatertiaz Pages 3 Date 02/09/2015 time 10724 aM Total Fees: $0.00 ‘Transfer Tax Collected. $3.20 Rev stampP 22 DOVE 330 Mancy 1 Aven SAC COUNTY RECORDER REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT ‘TO BE COMPLETED BY TRANSFEROR. TRANSFEROR: Name Ronald Giade_ ‘Address 179 Pape Lewis ings, MO 65610 er St FR Town oP. oe = ‘TRANSFEREE: Name Judd Thomson Address 348 N. Main, Odebolt TA $1438 aoe sibs Oe — — a 344N. Main, Odebolt, 1A 51458. ee i —— a ya! Descri of | {Attach If necessary) Outlot Thirteen (13) in Section Ts 5 ep fn tt nny Sei Ties) Sn Tas 41. Wella (chock one) ‘Thore are no known wells situated on this property. = There is a well or wels situated on this property. The type(s), locetion(s) and legal status are staled below or set forth on an attached separate sheet, as necessary. 2. Solld Waste Disposal (check one) There is no known solld waste disposal site on this property. — There is a solid waste disposal ste on this property and information related thereto Is provided {in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) = There is no known hazardous waste on this property. ‘— There is hazardous waste on this property and infermation related thereto is provided in ‘Attachment #1, attached to this document. ‘4. Underground Storage Tanks (check one) There are no known underground storage tanks on this property, (Note exclusions such as ‘small farm and residential motor fuel tanks, most healing oll tanks, clstems and septic tanks, in Instructions.) _— There san 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, a5 necessary, FILE WITH RECORDER DNR form 542.0060 (July 18, 2012) rrr ‘5, Private Burial Site (check one) Thora are no known private burial sites on this property —Thare isa private burial site on this property. The location(s) of the site(s) and known donttying information ofthe decedent) Is stated below or on an attached separate sheet, 2s necessary. 6. Private Sewage Disposal System (check one) ‘2% Al buildings on this property are sorved by a pubic or sami-public sewage disposal system. — This transaction does not involve the transfer of any bulting which has or is required by law to ave a sewage disposel system. _— There is a building served by private sewage disposal eystom on this property ora buliding without any lawful sewage disposal system. A certtied inspector's repor is attached which ‘documents the condition ofthe private sewage disposal system and whether any modlfcations are required to conform to standards adopted by the Department of Natural Resources. A | certied inspection report must be accompanied by his form when recording. _— There isa bullding served by private sewage disposel system on this property. Woathor or ‘other temporary physical condtions prevent the cerified inspection of the private sowage ‘disposal system from being conducted. ‘The buyer has executed a binding acknowledgment ‘with the county board of health to conduct a certfied inspection ofthe private sewage disposal system atthe eartlest practicable time end to be responsible for any required modifications to the private sewage disposal system as Klentfiod by the certified inspection. A copy of the binding acknowledgment is attached to this for. _— There isa buliding served by private sewage disposal eystem 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 isa building served by private sewage disposal system on this property. The bulng to ‘which the sewage disposal system is connected will be demolished without being occupied. The buyer hes executed a binding acknowledgment with the county board of heath to demolish the building witin an agreed upon time period. A copy ofthe binding acknowledgment is provided vat tis form. (Exemption #9] _— This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #8 use prior chock box! — fhe prhat nwage depose! yet has boon ined win to paw yrs praia 0 permit number Information required by statements checked above should be provided here or on separate ‘sheets attached hereto: I HEREBY PECLARE THAT | HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM Telephone No. (619) 540-6110 FILE WITH RECORDER [DNR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE ‘a. Soild Waste Disposal (check one) "— There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources thatthe sita ls deemed to be potentially hazardous. _— There is a solld waste disposal site on this property which has been deemed to be potentially ‘hazardous by the Department of Natural Resources. The location(s) of the site(s) Is stated bolow or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) _— There is hazardous waste on this property and itis being managed in accordance with Department of Natural Resources rues. _— There is hazardous waste on this property and the appropriate response or remediation actions, ‘or the need therefore, have not yet been determined, Further descriptive information: I HEREBY} DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM ‘AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: (619) 540-6110 FILE WITH RECORDER DNR form $42-0960 - Attachment #4 (July 18, 2012) Document GWEE150030 om ‘GroandMaterlaz Pages 3 Date 02/09/2015 Time 01:57 PM Total Fees: $0.00 ancy 1 Aven SAC COUNTY RECORDER REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR, ‘TRANSFEROR: Name ___lowa Department of Trangpottationfor the State of lowe. ‘Adress. _ 800 Lincoln Wa Ames w m Rombe ne Steel oR Civ. Too arPS “Bate cy ‘TRANSFEREE: Name Dennis Lyn Degner and Julie Ann Degner ‘Address 2507 Yankwo Avenue Uyton 1” 3086 RRR Sn Sea ee Rio ‘Adgress of Property Transferred Vacant and a RST Cy Ta aPT ae co Legal Description of Property: (Attach if necessary) See Attached 1. Wells (check one) There ee no known wells stuated on tis property. Zi There i a wel or wolsstuated on tis property. The type(s), lcaton(s) and legl slats are stated below or set forth on an attached separate sheet, 28 necessary . Sofid Waste Disposal (check one) “Tere sno known Sod west cisposal sie on his propery. There ie a sold waste disposal ste on this property and information related thereto Is provided in ‘Atacment #, attaches to this document. 3. Hazardous Wastes (check one) ‘Tare is no known hazardous waste on this property ‘There is hazardous waste on this property and informaton related thereto is provided in Attachment #1, attached fo this document. 4. Underground Storage Tanks (check one) [Pi There are no known underground storage tarks on this propery. (Note exclusions such as smal fam and residential moto fuel tanks, most heating ol lank, cisterns ard sep tanks, in instrucions_) There is an underground storage tank on this property. The typele),size(s) and any krown substance(s) contsined are listed below or on an attached separate sheet, ae necessary. FILE WITH RECORDER, ‘a Fo Se20860 My 292012 emt 6. Priya Burial Site (check one) vere are no known private burial sits on this property. ‘Thetis @ private burial site on this propery. The location(s) ofthe site(s) and known identifying information ofthe decedent(s) is stated below or onan attached separate sheet, as necessary 6. Private Sowage Disposal System (check one) JA\tbuicings on this property are served by a public or semi-puble sewage disposal system. is transaction does not involve the transfer of ary bulling which has or is required by law to have @ Sewage aisposal system, There is a building served by private sewage dsposal system on this property or a building without any leifl sewage disposal system. A certiied Inspector's report Is attached which documents the eondiion of the private Sewage disposal system and whether any mocifications are required to conform fo slandarcs ‘adopted by the Deparment of Natural Resources. A cartfied inspection report must be accompasied By this form when recorcing, O There is » ouieing served by private sewage disposal system on this property. Weather or other temporary Physical conditions prevent the certified inspection of the private sewage cisposa system from being Conducted. The buyer hes executed a binding acknowledgment with the county board of heath to conduct 2 certfed inspection of the private sewage disposal system at the eerbest practicable time and to be responsible for any required modfations to the private sewage dispose system as identified by the Ceritee inspection. A copy ofthe binding acknowledgment i ftaced to this form There is a duising served by private sewage cisposal system on this property. The buyer has executed 2 binding acknowledgment withthe county Board of heath to install a new prile sewage dispose system ‘cn this property within an sgreed upon tine period. A copy ofthe binding acknowledgment is provides wih this form, There is builsing served by private sewage disposal system on this property. The building to which the ‘sewage disposal system is connected will be demokshed witout being cocusied. The buyer hes executed binding acknowiedgment with the county board of health to demotsh the building within an agreed upon time period. A copy ofthe binging acknowledgment is provided with this form. [Exemption #3) This property is exempt trom the private sewage disposal inspection requirements pursuant to the flloning Exemption (Note: for exemption #9 use peor check box} C1 The privete sewage disposal system has been instaled witin fe past wo years PUTSUaRL TS parm number Information required by statements checked above should be provided here or on separate shoots attached hereto | HEREBY DECLARE THAT [ HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM i IFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No; 516-239-1187 steven G. Chapman FILE WITH RECORDER. (Yom sez95094y 38° 2002 cme Sac County NHSN-20-2(61}~2R-81 Parcel 123, FORMER OWNER: James and Jean Albinger EXCESS LAND PARCEL ‘A parcel of land located in a part of the Northwest % of the Southeast % and in a part of the Northeast % of the Southeast ¥ of Section 12, Township 88 North, Range 35 West of the Fifth Principal Meridian, Sac County, lowa, as shown on the Acquistion Plat Exhibit “A” Plat 2 of 2 attached hereto and by reference made a part hereof and more particularly described as follows: ‘Seginning at the Southeast Corner of the Northeast & of the Southeast % of said Section 12; thence North 01"03'S3" East, 1019.17 feet (310.645m) along the East line of said Southeast %; thence North 89° 08'00" West, 1814.10 feet (552.940m); thence North 89°11’05" West, 806.75 feet (245.897m) to a paint on the West line of said Southeast % ; thence South 01°10'01" West, 979.61 feet (298.585m) along said West line to the Southwest Corner of the Northwest % of the Southeast ¥ of said Section 12; thence South 88°17'04" East, 2622.75 feet (799.416m) to the Point of Beginning, containing 60.17 acres, inclusive of 1.17 acres of existing county roadway easement,

You might also like