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HomeMy WebLinkAboutRESOLUTION NO. 2015-23 cl I t RESOLUTION NO. 2015-23 RESOLUTION TO ENTER INTO A STORM WATER DRAINAGE EASEMENT AGREEMENT WITH JUDITH A. HEISLER WHEREAS, the businesses in the Karal's Additions have approached the City of Fairfax and asked the City to do something to help drainage in the area; and WHEREAS, the City of Fairfax requested Hall and Hall Engineers, Inc. to prepare plans and request quotes for drainage improvements in this area; and WHEREAS, the City Council of the City of Fairfax has accepted a quote for the drainage improvements, with the stipulation that before any work is started the City of Fairfax shall receive a signed executed Storm Water Drainage Easement Agreement from each property owner along the drainage improvement; and WHEREAS,the City of Fairfax has prepared the Storm Water Drainage Easement Agreement between the City of Fairfax and Judith A. Heisler, owner of Lot 1, Karal's Second Addition to the City of Fairfax, Linn County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, that the City Council of the City of Fairfax does hereby approve the Storm Water Drainage Easement Agreement with Judith A. Heisler. BE IT FURTHER RESOLVED that the City Council of the City of Fairfax, Iowa, that the Mayor and city clerk/treasurer are hereby authorized and directed to execute said Storm Water Drainage Easement Agreement and said Resolution. Passed and approved this 14th day of April, 2015. AYES: Beer, Frieden, Otto, and Wainwright NAYS: None ABSENT: Magers f �.. Jason Rabe„'Mayor ATTEST: Cynthi Stimson, City Clerk/Treasurer � Ole iimiiii$i!il eA STORM WATER DRAINAGE EASEMENT AGREEMENT This Storm Water Drainage Easement Agreement (the "Agreement") is entered into on this day of , 2015, by and between Judith A. Heisler ("Grantor') and the City of Fairfax, Iowa, an Iowa municipal corporation (the "City"). RECITALS A. Grantor are the fee simple owners of the following legally described real estate: Lot 1, Karal's Second Addition to the City of Fairfax, Linn County, Iowa (the "Real Estate"). B. The City desires to construct storm water drainage and storm sewer culvert improvements upon and under a portion of the Real Estate and Grantor desire to grant an easement to the City to effect the same. Now, THEREFORE, for the consideration of$1.00 and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Grant of Easement. Grantor hereby grants to the City a perpetual and continual easement (the "Easement") over a portion of the Real Estate described on Exhibit "A" (the "Easement Area") attached hereto and incorporated herein by reference, for the purpose of constructing, reconstructing, maintaining, repairing, replacing and removing storm water drainage and storm sewer culvert improvements (the "Facilities"), and for ingress and egress for purposes of the same and for the further purpose of conveying storm water runoff through the Easement Area. 2. Maintenance. Grantor acknowledge that the Facilities will provide a material benefit to the Real Estate and as such Grantor shall maintain, reconstruct, repair and replace the Facilities and regrade and seed the Easement Area to the extent deemed necessary by the City to accommodate the storm water runoff within the Easement Area, in the City's sole and absolute discretion. Grantor shall trim vegetation in the Easement Area such that vegetation in the Easement Area does not exceed eight (8) inches in height. 3. Failure to Maintain. Upon the occurrence of an "Event of Default" (as hereinafter defined) the City may, at its option, maintain, reconstruct, repair, replace or remove the Facilities and regrade and reseed the Easement Area the cost of which shall be borne by the Grantor. Grantor shall pay to the City the costs incurred by the City pursuant to this Section 3 within ninety (90) days following delivery of written notification of the completion of any work performed by the City pursuant to this Section 3. In the event any amounts of the foregoing remains unpaid following said ninety (90) day period the City shall be entitled to, by and through its Council, make assessment (the "Assessment') against the Real Estate for said costs. The Assessment shall be a lien on the Real estate and the Grantor shall pay the amount which is thus assessed and the Assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases have been fully and faithfully performed and observed. Grantor hereby waives any right to object to the Assessment and further authorizes the Council of the City to pass any resolution requisite or necessary to effect the purposes of this Agreement and to make the Assessment without further notice to the Grantor. 4. Indemnification. Grantor shall indemnify, defend, and hold the City harmless from any and all damages or claims for damages, including but not limited to reasonable attorneys' fees, that might arise or accrue as a result of the City's approval and by recordation of this Agreement at the Linn County Recorder's Office, by virtue of the existence of an Event of Default or by virtue of Grantor' performance of its obligations hereunder. 5. Event of Default. The following shall be deemed to be events of default (each an "Event of Default') by Grantor under this Agreement: a. Grantor' failure to comply with Section 2 of this Agreement and not curing such failure within thirty (30) days after the City provides written notice of such default to Grantor (or for a period of time mutually agreed to by Grantor and the City if after such default requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such thirty (30) days period, and if Grantor commence said cure within such thirty (30) day period and thereafter diligently and continuously pursues the same to completion within the agreed upon time period); and b. Grantor' failure to comply with any term, provision or covenant of this Agreement other than subparagraph a of this Section 5 and Grantor not curing such failure within ten (10) days after the City provides written notice of such default to Grantor. 6. No Obstruction. Grantor shall not erect buildings, obstructions or other improvements or plant or maintain any vegetation (other than grass) upon or under the Easement Area. 7. Binding Effect. This Agreement shall be binding upon the successors, heirs and assigns of the parties hereto. 8. Recitals. The recitals of this Agreement are substantive parts hereof and are incorporated herein by reference. 9. General. Grantor do hereby covenant with the City that the Grantor holds the Real Estate in fee simple; that the Grantor have good and lawful authority to enter into this Agreement; and that the Owner covenants to warrant and defend the Real Estate against all lawful claims of all persons whatsoever. Each of the undersigned hereby relinquish all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Agreement. Dated: , 2015 Judith A. Heisler Judith A. Heisler STATE OF IOWA ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of 2015 by Judith A. Heisler, a single person. Notary Public in and for the State of Iowa CITY OF FAIRFAX , � n/1.1? - W,WBy: Jason abe Its: Mayor STATE OF IOWA ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of 2015 by Jason Rabe, Mayor of the City of Fairfax. Kathy Everett, Notary Public in and for the State of Iowa ATTEST: Cynthia Stimson, City Clerk/Treasurer EXHIBIT 'A' / / o N$S 151 I�\\•�,P /// / 0 40 80 / ion m Feet / / 10' UTILITY AND _ Q"� Cj / DRAINAGE EASEMENT U P / (8K 3547 / PG 207) DRAINAGE AS 0031 FG 67) EMENT(BK \`JL�ap�3Qtt@A / \�lf �h I 20' STORM WATER< /y DRAINAGE EASEMENT WEST LOT LINE, ` + LOT 1,KARAL'S SECOND ADD. 10' UTILITY AND DRAINAGE EASEMENT 1 (BK 3547 / PG 207) STORM WATER DRAINAGE EASEMENT 1 L��r 10' STORM WATER \0`\ 7 0 DRAINAGE EASEMENT 10' UTILITY AND { DRAINAGE EASEMENT (8K 3547 / PG 207) 70.0'- -"j- — � — — "' ---- --- --�-- I 10' UTILITY AND — J ` DRAINAGE EASEMENTJJJJ I SOUTHWEST CORNER i\�t(2C1 SOUTH LOT LINE,LOT 1, (8K 3664 / PG 573) OF LOT 1, KARAL'S �J KARAL'S SECOND ADD. ©� �- SECOND ADDITION { )tkt(} OWNER: JUDITH HEISLER LEGAL DESCRIPTION, STORM WATER DRAINAGE EASEMENT: THE WEST 20 FEET AND THE SOUTH 10 FEET OF LOT 1, KARAL'S SECOND ADDITION TO THE CITY OF FAIRFAX, LINN COUNTY, IOWA; AND ALSO INCLUDING THE SOUTHWEST CORNER OF LOT 1, KARAL'S SECOND ADDITION TO THE CITY OF FAIRFAX, LINN COUNTY, IOWA AS DESCRIBED AS FOLLOWS — BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE EASTERLY 70 FEET ALONG THE SOUTH LINE OF SAID LOT 1TO A POINT ON SAID SOUTH LINE; THENCE NORTHWEST TO A POINT ALONG THE WEST LINE OF SAID LOT 1, LOCATED 70 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1, THENCE SOUTHERLY ALONG SAID WEST LOT LINE TO THE SOUTHWEST CORNER OF SAID LOT 1. SAID STORM WATER DRAINAGE EASEMENT HAS A TOTAL AREA OF 7,584 SF, INCLUDING ALL EASEMENTS AND RESTRICTIONS OF RECORD. v ,n v Sheet Mle: HALL&HALL ENGINEERS,INC. m o n j 8 n o EX111BIT'A' _. ✓') U - p STORM WATER DRAINAGE EASEMENT ROAD,I{ :T a Z O I 0 N o N PART R, OF LOT 1,KARAL'S SECOND ADDITION e- N c c Pc ra:E iaE 3 z o c.+c.uev,.r+"erawr.o✓:o.acnr=�kr e,. `'nr,..,v�.,c..: TO FAIRFAX,LINN COUNTY,IOWA Designed by. Drown by Checked by CAD File: 1:\projeats\6900\6050\FY—I5\6?50-15-02—Karat's Droinoge Improvements\dwg\EASEMENT EXHIBITS.dxq Dote Plotted : Apr 17, 2015— 1:56pm Plotte Page 1 of 1 ��Y�II��I�IRI��IIIINnllllll�I�I�IIIIIII�III��II��IN Doc ID: 008993870001 Tvoe: GEN Recorded: 03/09/2006 at 09:07:08 AM Fee Amt: $7.00 Paae I of I Instr# 200600051860 Linn Countv Iowa JOAN MCCALMANT RECORDER eK6277 PG534 Prepared by:Rhiannon Villanueva Wells Fargo Bank,N.A.7412 Jefferson Blvd NE,Albuquerque,NM 87109 866-206-5217 Opt.8 SATISFACTION OF MORTGAGE DATE:02/24/2006 Acct#00100161958060001 THAT CERTAIN MORTGAGE owned by the undersigned,an association under the laws of the United States of America,dated DECEMBER 21,2001,executed by DONALD G HEISLER AND JUDITH A HEISLER,HUSBAND AND WIFE Mortgagor,to MARQUETTE BANK NA as Mortgagee,and filed for record JANUARY 21,2002,as Document Number 004245830007(or in Book/Vol 4583 Page 444-450)(or in Microfiche NIA)(or Roll N/A,Image N/A,Card N/A,File NIA),in the original sum of$18,445.00 in the Office of the Recorder of Linn County,Iowa,is,with the indebtedness thereby secured,fully paid and satisfied. Wells Fargo Bank,N.A. F/K/Ar RQUETTE BANK NA/ Rhiannon Villanueva,Collateral Officer STATE OF NEW MEXICO/COUNTY OF BERN ALILLO }ss. The foregoing instrument was acknowledged before me on 02/24/2006,by Rhiannon Villanueva, Collateral Officer of Wells Fargo Bank,N.A.,an association under the laws of the United States of America,on behalf of the association. Sgum,�1 S�n�J IJ a ip G 1 CIP.1..SEAL CUt,'iN!CA HOtv1EC0 Dominica Romero 7 Nn7gHYPUAUGSi0. 'OFN��co Notary Public for the State of New Mexico "" AM mmPn ne Pree ' Residing at:Albuquerque,NM My Commission expires:03/28/2006 RETURN TO: DONALD C HEISLER 7201 WILLIAMS BLVD FAIRFAX,IA 52228-9625 Book: 6277 Page: 534 Seq: 1 Page•i of 7 1111111111111111111111 Mill 111111111111111�IUI�Ii� Doc ID: 004245830007 Type: GEN Recorded: 0t/21/2002 at 09:42:07 AM Fee Amt: 38.00 Page 1 of 7 LINN COU Y IOWA JOAN MCCALMANT RECORDER BK4583 PG444-450 Prepared By: LOAN PROCESSING CENTER,MARQUETTE BANK,N.A.,1650 W.82ND STREET,SUITE 55,BLOOMINGTON,MN 55431, A HEN RECORDED MAIL T0: ", t7 MARQUETTE BANK NA SOUTHPOINT LOAN SERVICES PO BOX 1000,SHF FE-55 MINNEAPOLIS,MN 55480-4880-Q 9,Z--S FOR RECORDER'S USE ONLY 6�aus o o-i-rZ4 MORTGAGE NOTICE: This Mortgage secures credit in the amount of $18,445.00. 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. THIS IS A CONSUMER CREDIT TRANSACTION THIS MORTGAGE dated December 21, 2001, is made and executed between DONALD G HEISLER and JUDITH A HEISLER; HUSBAND AND WIFE (referred to below as "Grantor") and MARQUETTE BANK N.A., whose address is 3406 F AVENUE NW, CEDAR RAPIDS,IA 52405(referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration,Grantor mortgages and conveys to Lender and grants to Lender a security interest in all of Grantor's right,title,and interest in and to the following described real property,together with all existing or subsequently erected or affixed buildings,improvements and fixtures;rents and profits;all easements,rights of way,and appurtenances;all water,water rights,watercourses and ditch rights(including stock in utilities with ditch or Irrigation rights);and all other rights,royalties,and profits relating to the realpproperty,including without limitation all minerals,oil,gas,geothermal and similar matters, (the "Real Property") located iI LINN County, State of Iowa: See EXHIBIT "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 7201 WILLIAMS BLVD, FAIRFAX, IA 52228. The Real Property tax identification number Is 52309000. REVOLVING LINE OF CREDIT. Specifically,in addition to the amounts specified in the Indebtedness definition,and without limitation, this Mortgage secures a revolving line of credit,which obligates Lender to make advances to Grantor so long as Grantor complies with all the terms of the Credit Agreement. Such advances may be made,repaid,and remade from time to time,subject to the limitation that the total outstanding balance owing at any one time,not including finance charges on such balance at a fixed or variable rate or sum as provided In the Credit Agreement,any temporary overages,other charges,and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph,shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Mortgage and any intermediate balance. Grantor presently assigns to Lender all of Grantor's right,title,and Interest In and to all present and future leases of the Property and all Rents from the Property. In addition,Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. The lien on the rents granted in this Mortgage shall be effective from the date of the Mortgage and not just in the event of default. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT,THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage,Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: None of the collateral for the Indebtedness constitutes,and none of the funds represented by the Indebtedness will be used to purchase: (1) Agricultural products or property used for an agricultural purpose as defined in Iowa Code Section 535.13; (2) Agricultural land as defined in Iowa Code Section 172C.1(5)or 175.2(1);or (3) Property used for an agricultural purpose as defined in Iowa Code Section 570.A.1 (2). Grantor represents and warrants that: (1) There are not now and will not be any wells situated on the Property; (2) There are not now and will not be any solid waste disposal sites on the Property; (3) There are not now and there will not be any hazardous wastes on the Property; (4; There are not now aivf these will not he any underground storage tanks on the Property. Possession and Use. Until the occurrence of an Event of Default,Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,replacements,and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous Substance on,under,about or from the Property;and (b) any such activity shall be conducted In compliance with all applicable federal,state,and local laws,regulations and ordinances,including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections and tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's Book: 4583 Page: 444 Seq: 1 Page 2 of 7 MORTGAGE Loan No:830450007784 (Continued) Page 2' purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws;and (2) agrees to indemnify and hold harmless Lender against any and all claims,losses,liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,generation,manufacture,storage,disposal,release or threatened release occurring prior to Grantor's ownership or interest in the Property,whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to indemnify,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has notified Lender in writing prior to doing so and so long as,In Lender's sole opinion,Lender's Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes,payroll taxes,special taxes,assessments,water charges and sewer service charges levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage,except for the Existing Indebtedness referred to In this Mortgage or those liens specifically agreed to in writing by Lender,and except for the lien of taxes and assessments riot due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax,assessment, or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property Is not jeopardized. If a lien arises or is filed as a result of nonpayment,Grantor shall within fifteen(15)days after the lien arises or,if a lien Is flied,within fifteen(16)days after Grantor has notice of the filing,secure the discharge of the lien,or If requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished,or any materials are supplied to the Property,If any mechanic's lien,materialmen's lien,or other lien could be asserted on account of the work, services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and In such form as may be reasonably acceptable to Lender, Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten(10)days'prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice, Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,if available,within 45 days after notice is given by Lender that the Property is located In a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender,and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor falls to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien affecting the Property,or the restoration and repair of the Property, If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage,then to pay accrued Interest, and the remainder,If any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's Interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall Inure to the benefit of,and pass to,the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage,or at any foreclosure sale of such Property. Compliance with Existing indebtedness. During the period In which any Existing Indebtedness described below Is In effect,compliance with the insurance provisions contained in the Instrument evidencing such Existing Indebtedness shall constitute compliance with the Insurance provisions under this Mortgage,to the extent compliance with the terms of this Mortgage would constitute a duplication of Insurance requirement. If any proceeds from the Insurance become payable on loss,the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor falls (A) to keep the Property free of all taxes,liens,security Interests,encumbrances,and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness In good standing as required below,then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property,then Lender on Grantor's behalf may, but Is not required to,take any action that Lender believes to be appropriate to protect Lender's Interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy; Book: 4583 Page. 444 Seq: 2 Pagel of 7 MORTGAGE Loan No: 830450007784 (Continued) Page 3 or (2) the remaining term of the Credit Agreement;or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided for In this paragraph shall be in addition to any other rights or any remedles to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title Insurance policy,title report,or final title opinion Issued in favor of,and accepted by,Lender In connection with this Mortgage, (b)Grantor has the full right,power,and authority to execute and deliver this Mortgage to Lender,and (c)the liens granted hereby are not the type of lien referred to in Chapter 575 of the Iowa Code Supplement,as now enacted or hereafter modified,amended or replaced. Grantor,for itself and all persons claiming by,through or under Grantor,agrees that It claims no lien or right to a lien of the type contemplated by Chapter 575 or any other chapter of the Code of Iowa and further waives all notices and rights pursuant to said law with respect to the liens hereby granted,and represents and warrants that it is the sole party entitled to do so and agrees to indemnity and hold harmless Lender from any loss,damage,and costs,including reasonable attorneys'fees,threatened or suffered by Lender arising either directly or indirectly as a result of any claim of the applicability of said law to the liens hereby granted. Defense of Title. Subject to the exception In the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage,Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice,and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances,and regulations of governmental authorities. Survival of Promises. All promises,agreements,and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage,shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid In full. EXISTING INDEBTEDNESS. The fallowing provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay,or see to the payment of,the Existing Indebtedness and to prevent any default on such indebtedness,any default under the instruments evidencing such indebtedness,or any default under any security documents for such Indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage,deed of trust,or other security agreement which has priority over this Mortgage by which that agreement is modified,amended,extended,or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is fled,Grantor shall promptly notify Lender in writing,and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice,and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any.proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs and expenses incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes,Fees and Charges. Upon request by Lender,Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's Ilan on the Real Property. Grantor shall reimburse Lender for all taxes,as described below,together with all expenses Incurred In recording,perfecting or continuing this Mortgage,including without limitation all taxes,fees,documentary stamps,and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the.Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement;and (4) a specific tax on all or anyportion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the date of this Mortgage,this event shall have the same effect as an Event of Default,and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS..The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage. Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records,Lender may,at any time and without further authorization from Grantor,file executed counterparts,copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses Incurred in perfecting or continuing this security interest. Upon default,Grantor shall not remove,$ever or detach the Personal Property from the Property. Upon default,Grantor shall assemble any Personal Property not affixed to,the Property in a manner and at a place reasonably convenient to Grantor and Lender and`rrake it available to Lender within three(3)days after receipt of written demand from Lender to the extent permitted by applicable law. Fixture Filing. From the date of Its recording,this Mortgage shall be effective as a financing statement filed as a fixture filing with respect to the Personal Property and for this purpose,the name and address of the debtor is the name and address of Grantor as set forth on the first page of this Mortgage and the name and address of the secured party is the name and address of Lender as set forth on the first page of this Mortgage. Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party)from which Information concerning the security Interest granted by this Mortgage may be obtained(each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage: Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete,perfect, continue,or preserve (1) Grantor's obligations under the Credit Agreement,this Mortgage,and the Related Documents,and (2) the liens Book; 4583 Page: 444 Seq: 3 Page 4 of 7 MORTGAGE Loan No:830450007784 (Continued) Page 4 ' and security Interests created by this Mortgage on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes,Grantor hereby Irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to In the preceding paragraph, FULL PERFORMANCE. If Grantor pays all the Indebtedness when due,terminates the credit line account, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage,Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Grantor will pay,0 permitted by applicable law,any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Grantor will be In default under this Mortgage if any of the following happen: (A) Grantor commits fraud or makes a material misrepresentation at any time In connection with the Credit Agreement. This can include,for example,a false statement about Grantor's Income,assets,liabilities,or any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or Inaction adversely affects the collateral or Lender's rights in the collateral. This can Include,for example, failure to maintain required Insurance,waste or destructive use of the dwelling,failure to pay taxes,death of all persons liable on the account, transfer of title or sale of the dwelling,creation of a senior lien on the dwelling without Lender's permission,foreclosure by the holder of another lien,or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter but subject to any limitation in the Credit Agreement or any limitation In this Mortgage,Lender,at Lender's option,may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at It option,after giving all required notices of default and after passage of any grace period,to declare the entire Indebtedness Immediately due and payable,Including any prepayment penalty which Grantor would be required to pay without notice,except as may be expressly required by applicable law. UCC Remedies. With respect to all or any part of the Personal Property,Lender shall have all the rights and remedies of a secured parry under the Uniform Commercial Code. Collect Rents. Lender shall have the right,without notice to Grantor,to take possession of the Property and collect the Rents,including amounts past due and unpaid,and apply the net proceeds,over and above Lender's costs,against the indebtedness. In furtherance of this right,Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,then Grantor Irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale,and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest in all or any part of the Property. Nonjudlclal Foreclosure. Lender may exercise the right to non-judicial foreclosure pursuant to Iowa Code Section 654.18 and Chapter 655A as now enacted or hereafter modified,amended or replaced. Deficiency Judgment. If permitted by applicable law,Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided In this section. Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (1) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. This paragraph is subject to any rights of Grantor, under Iowa law, to remain in possession of the Property during a redemption period. Other Remedies. Lender shall have all other rights and remedies provided In this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Properly. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies,Lender shell be free to sell all or any part of the Property together or separately,In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least ten(10)days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Shortened Redemption. Grantor hereby agrees that,in the event of foreclosure of this Mortgage,Lender may,at Lender's sole option,elect to reduce the period of redemption pursuant to Iowa Code Sections 628.26,628.27,or 628.28,or any other Iowa Code Section,to such time as may be then applicable and provided by law. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage,after Grantor's failure to do so,that decision by Lander will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys'Fees;Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,without limitation,however subject to any limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit,Including reasonable attorneys'fees and expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'reports,and appraisal fees and title Insurance,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage,Including without limitation any notice of default and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actually received by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or, If mailed, when deposited In the United States mall, as first class, certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address,as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons,specifying that the purpose of the notice is to change the person's address. For notice purposes,Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law,If there Is more then one Grantor,any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors, It will be Grantor's responsibility to tell the others of the notice from Lender. FURTHER RIGHTS UPON DEFAULT.UPON DEFAULT OF ANY COVENANT OR AGREEMENT BY GRANTOR UNDER THE TERMS OF THE NOTE OR THIS MORTGAGE,LENDER PRIOR TO FORECLOSURE SHALL MAIL NOTICE TO GRANTOR AS PROVIDED HEREIN SPECIFYING: Book: 4583 Page: 444 Seq: 4 F Page's of 7 " MORTGAGE Loan No: 830450007784 (Continued) Page 5 (A)THE NATURE OF THE DEFAULT BY THE GRANTOR;(B)THE ACTION REQUIRED TO CURE SUCH DEFAULT;(C)A DATE,NOT LESS THAN THIRTY(30)DAYS FROM THE DATE THE NOTICE IS MAILED TO GRANTOR BY WHICH SUCH DEFAULT MUST BE CURED;AND(D) THAT FAILURE TO CURE SUCH DEFAULT ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE MAY RESULT IN ACCELERATION OF THE SUMS SECURED BY THIS MORTGAGE AND SALE OF THE PROPERTY. THE NOTICE SHALL FURTHER INFORM GRANTOR OF THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO BRING A COURT ACTION TO ASSERT THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE OF THE GRANTOR TO ACCELERATION AND SALE.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective,any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by and interpreted in accordance with federal law and the laws of the State of Iowa. This Mortgage has been accepted by Lender In the State of Iowa. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several,and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Walver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so In writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request,that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment,protest,and notice of dishonor. Grantor waives all rights of exemption from execution or similar law in the Property(including without limitation,the homestead exemption),and Grantor agrees that the rights of Lender In the Property under this Mortgage are prior to Grantor's rights while this Mortgage remains in effect. Severability. if a court finds that any provision of this Mortgage is not valid or should not be enforced,that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore,a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be Invalid or unenforceable. Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other interest or estate In the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest,this Mortgage shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a Person othgr than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Mortgage and the lnddbtodnesrsiey , way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedridss;., Time is of the Essence. Time is of the essence in the performance of this Mortgage. Release of Rights of Dower,Homestead and Distributive Share. Each of the undersigned hereby relinquishes all,rights of.doer, homestead and distributive share in and to the Property and waives all rights of exemption as to any of the Property. If a Grantoris not an owner of the Property,that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving such rights. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word"Borrower"means DONALD G HEISLER and JUDITH A HEISLER,and all other persons and entities signing the`aredR Agreement, Credit Agreement. The words "Credit Agreement" mean the credit agreement dated December 21, 2001, with credit limit of $18,446.00 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. The maturity date of this Mortgage is December 21,2006. Environmental Laws. The words"Environmental Laws" mean any and all state,federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,as amended, 42 U.S.C.Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986,Pub.L.No.99.499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901,at seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant thereto. Event of Default. The words"Event of Default"mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word"Grantor"means DONALD G HEISLER and JUDITH A HEISLER. Hazardous Substances. The words"Hazardous Substances"mean materials that,because of their quantity,concentration or physical, chemical or infectious characteristics,may cause or pose a present or potential hazard to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured,transported or otherwise handled. The words"Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or toxic substances,materials or waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances" also includes,without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. improvements. The word"Improvements"means all existing and future improvements,buildings,structures,mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. Indebtedness. The word"Indebtedness"means all principal,interest and late fees,and other amounts,costs and expenses payable under the Credit Agreement or Related Documents,together with all renewals of,extensions of,modifications of,consolidations of and substitutions for the Credit Agreement or Related_Documents and any-amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage,together with interest on such amounts as provided in this Mortgage. Lender. The word"Lender"means MARQUETTE BANK N.A.,its successors and assigns. The words"successors or assigns"mean any person or company that acquires any Interest in the Credit Agreement. Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lender. Personal Property. The words"Personal Property"mean all equipment,fixtures,and other articles of personal property now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Real Property;together with all accessions,parts,and additions to,all replacements of,and all substitutions for,any of such property;and together with all proceeds(including without limitation all Insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this Mortgage. Related Documents. The words"Related Documents" mean all promissory notes, credit agreements, loan agreements,environmental agreements, guaranties, security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other Instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word"Rents"means all present and future rents,revenues,Income,issues,royalties,profits,and other benefits derived from the Book. 4583 Page: 444 Seq; 5 Page 6 of 7 MORTGAGE Loan No:830450007784 (Continued) Page 6' Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIzo GRX L HE R,Inds u Ily 1 SLEFX TI ,Indi al 7� INDIVIDUAL ACKNOWLEDGMENT STATE OF �"�/ Ot4 ) )SS COUNTY OF a44zi ) On this �lsT day of A,p„20 before me,a Notary Public in and for said County and State,personally appeared DONATO G HEISLER and JUDITH A HEISLER,HUSBAND AND WIFE,to me known to be the persons named in and who executed the foregoing Instrument and acknowledged that they ex ed the same as their volunta and deed. ` ;p.••.u••r. ' A— Notary Public in the State of r ' +•Ov., SUM Ell rr t:ournnor ;} j �a�.. Ex tot ,�, .�•� ,I lA9Eii OflO lasenp Yer.x,].M.09 Lopr.Hul•N huxel Bok:be.,,Iro.16`9],vain.- 5-Book. 4583 Page: 444 Seq: 6 Page 7 of 7 J EXHIBIT "A" t All that part of the SE 34 SW a4 and SW SE ti Section 3-82-8, Linn County, Iowa, described as follows: Beginning at the S k corner of said Section 3; thence East along the South line of the SE 4 of said Section, 454.5 feet; thence North 902,9 feet to the center of Primary Road # 149; thence SW along the center line of said highway to a point 246.5 feet West of the South b corner of said Section; thence East 246.5 feet to place of beginning excepting therdfxom all that part of the SE % SW 14 Section 3-82-8, Linn COunty, Iowa described as follows: Beginning'at the South ;4 corner of said Section 3; thence North 87°57152"West along the South line of the SW 44 of said Section 3 a distance of 96.92 feet to a point in .the SE-1y t r.o.w. line of Highway #151; thence N61°35115" East along said i SB-ly line a distance of 110,18 feet; thenceisoutA 00603 08"West a distance of 55.87 feet to the poid of beginning and also excepting the public highway J Book: 4583 Page: 444 Seq: 7