EQCV019519 - Petition for Foreclosure

E-FILED 2014 MAY 08 2:44 PM SAC - CLERK OF DISTRICT COURT
























IN THE IOWA DISTRICT COURT

FOR SAC COUNTY UNITED BANK OF IOWA, * EQUITY NUMER EQCV ________ PLAINTIFF * * VS. *

* ORDER ON MOTION FOR MELISSA HOUK, * APPOINTMENT OF A RECEIVER DEFENDANT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Court, having reviewed the “Motion”, supporting documentation, statements and

arguments of counsel hereby finds as follows:

1. Plaintiff has filed an action herein to foreclose its Real Estate Mortgage and

alleges that the Promissory Note and Mortgage, which it secures, are in default.

2. The indebtedness due and owing Plaintiff as set forth in the “Petition” is in excess

of One Hundred Twenty-four Thousand Dollars ($124,000.00).

3. Iowa Code, Section 680.1, provides, in pertinent part:

“On the Petition for either party to a civil action or proceeding wherein the party shows that the party has a probable right to, or interest in, any property which is the subject of the controversy, and that such property, or its rents or profits, are in danger of being lost or materially injured or impaired, and on such notice to the adverse party as the court shall prescribe, the Court, if satisfied that the interest of one or both parties will be thereby promoted, and the substantial rights of neither unduly infringed, may appoint a receiver to take charge of and control such property under its direction during the pendency of the action, and may order and coerce the delivery of it to a receiver.”

4. The Defendant’s rights will not be unduly infringed or prejudiced; and the

interest of all parties would be enhanced by having a receiver appointed to protect and

preserve the property.

E-FILED 2014 MAY 12 6:43 AM SAC - CLERK OF DISTRICT COURT

5. The Court finds that pursuant to Iowa Code, §680.1, Plaintiff has shown

that it has a probable right and interest in the property which is subject to this

controversy; and that such property, or its rents or profits, are in danger of being lost,

materially injured or impaired.

Based upon the above, the Court finds for good cause shown that a receiver

should be and is hereby appointed herein.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED Dan Dotzler

of United Bank of Iowa shall be appointed the receiver for the real estate referred to in

the “Petition” on file herein, to serve without bond pursuant to the terms and conditions

of the Mortgage referred to herein, and Iowa Code, §680.1. The receiver shall take

possession of the real estate referred to in the “Petition” and do all things necessary to

secure and maintain same, including the power to receive, collect and apply rents or

profits to pay taxes, provide insurance, make repairs to pay costs or any other expenses

related to the property, as well as to pay any remaining sum to the secured debtor,

Plaintiff, and should otherwise be vested with all powers and authority governed by the

provisions of Iowa Code, §680.1.

SO ORDERED.


State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleEQCV019519 UNITED BANK OF IOWA, PLAINTIFF V. MELISSA HOUK, DE

So Ordered

Electronically signed on 2014-05-12 06:43:16 page 3 of 3

























Documents

EQCV019519 - Petition for Foreclosure