Document 150145 ar ‘AFFIDAVITS Date 02/05/2015 Time ‘Total Fees: 917.00 Mancy L Aven SAC COUNTY RECORDER AFFIDAVIT Recorder's Cover Sheet Preparer Information: Joseph J. Heidenreich, 100 N. Main Street, Odebolt, JA 51458 (712) 668-2250 ‘Taxpayer Information: V. William Carlson Il, 3113 Dean Ave., Odebolt, IA $1458 Return Address: Joseph J. Heidenreich Dresselhuis & Heidenreich 100 N. Main Street P.O. Box 477 Odebolt, 1A 51458, Grantors: See Page 2 Grantees: See Page 2 Legal Deseription: See Page 2 Document or Instrument Number if Applicable: Pages 3 09:21 aw yf mekAffidavit State of Iowa County of Sac ‘The undersigned, V. William Carlson I, after being frst duly sworn on oath, state the following Dated this F_ day of. Bbswenyas 1. My:name is V. William Carlson II and 1 am familiar with the chain of title and ownership of the Northeast Quarter of Section 20, Township 87 North, Range 38 West of the 5 P.M, Sac County, Towa, Iwas bom on the farm and have lived there all my life 2. The Northeast Quarter of Section 20 has been in the Carlson family in excess of 100 years and atthe time of my father’s death on October 12, 1997. It was owned by my father and mother, V. W. Carlson and Carol Carlson. At the time of my mother’s death ‘on October 23, 2013, the farm, except the acreage, which T already own, was passed to ince that time, my sister has deeded the land to me and I have had possession of the entie quarter section. iy sister Cleone Dyck and myself, equally. 3. No Federal Estate Tax was due in my mother's estate and no lowa Inheritance Tax was due in my mother’s estate. All income taxes were paid and all aquittances are on file, 4 Affiant sayeth nothing further. ‘The undersigned certifies under penalty and perjury and pursuant to the laws ofthe State of —Qise:5G__ thatthe preceding is teue and correct.STATE OF IOWA, COUNTY OF SAC On this Q day of. , 2015, before me, the undersigned, a Notary Public in and for the State of Iowa, personally-appeared V. William Carlson Il to me known to be the person named in and who executed the foregoing instrument. ‘Notary Public in and for the State of TowaDocument 150146 ae ‘AFFIDAVIT. Pages 2 Date 02/05/2015 Time 09:25 aM ‘Total Fees: $1700 Nancy 1 Aven SKC COUNTY RECORDER Ly AFFIDAVIT Recorder's Cover Sheet Preparer Information: Joseph J. Heidenreich, 100 N. Main Street, Odebolt, {A $1458 (712) 668-2250 Taxpayer Information: Malinda Bengford, 212 8. Hanson Blvd,, Odebolt, 1A 51458 Return Address: Joseph J. Heidenreich Dresselhuis & Heidenreich 100 N. Main Street P.O. Box 477 Odebolt, IA 51458 Grantors: See Page 2 Grantees: See Page 2 Legal Description: See Page 2 Document or Instrument Number if Applicable:| Affidavit of Death State of lowa County of Sac : |, Malinda Bengford, being first duly sworn on oath, depose and state as follows: 1, That I am the surviving spouse of Dennis E. Bengford and that the said Dennis E. Bengford died on or about the 18" day of January, 2015. All property owned by Dennis E, Bengford at his death was jointly owned by Dennis E. Bengford and the undersigned Malinda Bengford. We have a residence in Odebolt, lowa, being the following described real estate: The South Ninety (90) feet of the East Half (E %) of Lot Two (2), Block Five (5), Wheeler’s Addition to Odebolt, Sac County, Iowa. 2. Title to the above real estate has passed to Malinda Bengford. 3. Thereby request that the auditor enter this information on the transfer books. AFFIANT SAYETH NOTHING FURTHER: Dated this 3 day of. Frbruaty 2015. 1nd tinsel | Subscribed and swomn to before me this 3 day of. Febnuny 52015. ost roma ees Rotary Pulicin and forthe State of wa} Loa bli nand forthe State of Yowa "Recenter, 15 JoDocument 150147 ‘CONTRACT Pages 7 Pate 02/05/2015 Time 09:30 aM Total Fees 342.00 ove 227 Maney L Aven SAC COUNTY RECORDER aed oy REAL ESTATE CONTRACT - SHORT FORM Pts THE IOWA STATE BAR ASGOGATION : ‘Seca Forno We] ee Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Ronald F. Eich, 815 N Main, P.O. Box 851, Carroll, A. S1401, Phone: (712) 792-3424 ‘Taxpayer Information: (Name and complete address) Josh & Elizabeth Whiteing, 128 Vine Street, Lake View, IA 51450 Return Document To: (Name and complete address) Ronald F. Eich, $15 N Main, P.O. Box 851, Carroll, JA $1401, Phone: (712) 792-3424 Grantors: Grantees: Roger D. Petersen, Trustee Tosh Whiteing Wilma C. Petersen, Trustee Elizabeth Whiteing. Legal description: See Page 2 Document or instrument number of previously recorded document— See Ronald F, Eich SesSt REAL ESTATE CONTRACT (SHORT FORM) IT IS AGREED between Roger D. Petersen and Wilma C. Petersen, Trustees of the Petersen Renal Trust Sellers" and Josh Whiteing and Elizabeth Whiteing, husband and wife. as joint tenants with full rights of survivorship and not as incommon ("Buyers"). Sellers agree to sell and Buyers agree fo buy real estate in Sas County, lowa, described as: Lot Seven (7), Block Ten (10), Original Town of Lake View, Sac County, lowa, with any easements and appurtenant servient estates, but subject to the following ‘a, any zoning and other ordinances; b. any covenants of record: . any easements of record for public utlties, roads and highways; and d. (consider: iens; mineral rights; other easements; interest of others.) the "Real Estate"), upon the following terms: 4, PRICE, The total purchase price for the Real Estate is Twelve Thousand and 0/100__ Dollars ($ 12,000.00. ) of which ‘Five Hundred and O/100 Dollars ($ 500.00 ) has been paid. Buyers shall pay the balance to Sellers at or as directed by Sellers, as follows Balance in the sum of $11,500 shall be due and payable by paying $200 per month, which shall include principal and accrued interest with the first payment being due and payable on March 1, 2015 and a like payment on the first day of each and every month thereafter until paid in full2. INTEREST. Buyers shall pay interest from __March 1. 2015 on the unpaid balance, at the rate of _4 percent per annum, payable Buyers shall also pay interest at the rate of ___ percent per annum on all delinquent amounts and any sum reasonably advanced ‘by Sellers to protect their interest in this contract, computed from the date of the delinquency or advance. 3, REAL ESTATE TAXES. Sellers shall pay: ‘pro-rated to date of possession ‘any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes, Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4, SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien ‘on the Real Estate as of the date of this contract Ail other special assessments shall be paid by Buyers. 5. POSSESSION CLOSING. Sellers shall give Buyers possession of the Real Estate on , provided Buyers are not in default under this contract. Closing Shall be on 8. INSURANCE, Sellers shall maintain existing insurance upon the Real Estate unti the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shall keep the improvements on the Real Estate insured against loss by fire, torado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear. Buyers shall provide Sellers with evidence of such insurance. 7. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of this contract and deliver it to Buyers for examination. It shall show merchantable title in Sellers in or conformi With this contract, lowa law and the Title Standards of the fowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full, however, Buyers reserve the right to occasionally use the abstract prior to full payment of the Purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, waler softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items.) 9. CARE OF PROPERTY. Buyers shall take good care of the property, shall keep the buildings and other improvements now or later placed on the Real Estate in good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shall not make any material alteration to the Real Estate without the written consent of the Sellers.10. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by _Trustee Warranty deed, free and clear of all liens, restrictions, and encumbrances except a5 provided herein. Any general warranties of ttle shall extend ‘only to the date of this contract, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 11, REMEDIES OF THE PARTIES. a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required: or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies. which they may have, at theit option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of lowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as ‘compensation for the use of said property, andlor as liquidated damages for breach of this, contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreciosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concemed, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the ‘costs and expenses of the receivership and foreclosure and upon the contract obligation. itis agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of lowa shall be reduced to six (6) months provided the Sellers, in such action fle an election to waive any deficiency judgment against Buyers which may arise out of the {foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the lowa Code. ifthe redemption period is 0 reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the lowa Code shall be reduced to four (4) months. Itis further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this Contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the lowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket‘entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Towa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the lowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shail be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be {reated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. «. If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made retumed to them. d, Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding this contract, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full right of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a tiieholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of. the lowa Code and agrees to execute the deed for this purpose. 14, TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers. 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the ‘singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17, RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property 18. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification[UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, | VOLUNTARILY GIVE YP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CURIMS BASED UPON THIS CONTRACT. paten 2 21S {oak WiieBOVERS Dated: 2d hsb teh Tizabeth Whiteing BUYERS 49, INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate altematives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. (a) Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. (b)-The-Properry-is-served-by-e-srivate-sewage-cisposel system —orthere-is-e-private in the attached Addendum for Inapection-of Private Sewage Dispose System. (0) Seller-and-Buyer-agree—that-this-transaction 1S-exemptfromthe-time-of transfer nepection—requirements—by reason —that- 20. ADDITIONAL PROVISIONS. ‘Buyers hereby state and agree that they have inspected the real estate and the improvements thereon to their sole and complete satisfaction and hereby agree to accept the same in "as is" condition. Sellers make no warranties or representations, express or implied, regarding the state of repair or the suitability of said real estate or the improvements thereon for any purpose, not withstanding any disclosures made in the residential property seller disclosure statement heretofore delivered by Sellers to Buyers. beth Whiteing BUYERS,STATE OF __IOWA__, COUNTY OF This record was acknowledged before me this, STATEOF___, COUNTY OF ‘This record was acknowledged before me this day of by, ‘Signature of Notary Publis STATE OF , COUNTY OF This record was acknowledged before mie this day of by ‘Signature of Notary Public STATE OF __1OWA__, COUNTY OF SAC This record was acknowledged before me this 22 day of 2016. by Roger D. Petersen and Wilma C, Petersen of Petersen Rental Trust aE Signature of Notary Public 7778 STATE OF COUNTY OF This record was acknowledged before me ne this day of __ ‘Signature of Notary PublicDocument 150148 Esc "ESCROW Pages 2 Date 02/05/2015 Time 10:37 AM ‘Total Fees: $12.00 Nancy L Auen SAC COUNTY RECORDER 2. * ‘STATEMENT OF ESCROW AGENT efit MENT OF EOCROW A % : Recorder's Cover Ep os Preparer Information: (Name, address and phone number) Ronald F. Eich, 815 N Main, P.O. Box 851, Carroll, IA 51401, Phone: (712) 792-3424 Taxpayer Information: Josh & Elizabeth Whit (Name and complete address) 8, 128 Vine Street, Lake View, 1A 51450 Return Document To: (Name and complete address) Ronald F. Eich, 815 N Main, P.O, Box 851, Carroll, IA $1401, Phone: (712) 792-3424 Grantors: Grantees: Roger D. Petersen, Trustee and Josh Whiteing and Elizabeth Wilma C. Petersen, Trustee Whiteing Legal description:see Page 2 Document or instrument number of previously recorded documents:Ze Ronald F. Eich — STATEMENT OF ESCROW AGENT ‘The undersigned states that there was deposited with the undersigned, as escrow agent, within the 180 days last past, an instrument of conveyance concerning real estate situated in Sac County, lowa described as: Lot Seven (7), Block Ten (10), Original Town of Lake View, Sac County, Iowa. in which Roger D. Petersen, Trustee and Wilma C. Petersen, Trustee of 139 E, Shore Drive, Lake View, 1A 51450 5 grantor and Josh Whiteing and White of 128 Vine Street, Lake View, 1A 51450 , is grantee. This statement is made and offered for recording in complance with Section 858.46, Code of lowa. sz, ay Grins soyot_Febueey Zee ald F. Scrow Agent STATE OF IOWA, COUNTY OF 2018 This record was acknowledged before me he TF day of ELLY LOI4 by Ronald F. Eich ‘sueasooees DTT STATE OF IOWA, COUNTY OF This record was acknowledged before me th day of, : by as of ‘Signature of Notary PublicDocument, 150149 ‘CONTRACT Pages 7 Date 02/05/2015 Time 12:36 PM ‘Total Fees: 347.00 ove 328 Nancy & Aven SAC COUNTY RECORDER REAL ESTATE CONTRACT - SHORT FORM THE IOWA STATE BAR ASSOCIATION ‘tte Form No. Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Warren L., Bush 101 Boyer St, P.O. Box 159 Wall Lake, 1A 51466-0159, Phone: (712) 664-2892 Taxpayer Information: (Name and compiete address) Klondike & Co., L-L.C clo Jerry Ray Lapel, PO Box 338 Wall Lake, Towa 51466-0338 Return Document To: (Name and complete address) Warren L. Bush 10% Boyer St,, P.O. Box 159 Wall Lake, 1A 51466-0159 Grantors: Grantees: ‘Klondike & Co., LL.C., ‘Scott T. Mack a limited liability company Legal description: See Page 2 Document or instrument number of previously recorded documents:Eo a WARREN L, BUSH oat _ REAL ESTATE CONTRACT jaloe (SHORT FORM) ITIS AGREED between Scott T. Mack. « single person (‘Sellers’); and Klondike & Co. LLC. limited liability company (Buyers") Sellers agree to sell and Buyers agree to buy real estate in ae County, lowa, described as: tart of the Southeast Quarter ofthe Southeast Quarter (SEI/4 SE1/4) of Seetion Twelve (12), and a part ofthe "Nomheast Quarter ofthe Northeast Quarter (NEt/4 NEI/4) of Section Thirteen (13), all in Township Eighty-six (86) North, Range Thirty-seven (37) West of the Sth PM., Sac County, lowa, more fully described as follows: ‘Commencing tthe Southeast comer of said SE1/4s thence North, along the East line of said SE1/4, 73.11 feet to the centerline of Sac County Drainage Ditch No. 60 said point being the point of beginning: thence continuing ‘North along the East ine of said SE1/4, 411.70 feet to a point onthe South line of the original station grounds of| the Chicago and North Western Transportation Company right of way; thence Southwesterly along the ac of 2 2.15° curve concave Southeasterly and being 200 feet distant measured radially from the centerline of the ‘mainline tract of the Chicago and North Western Transportation Company. 291.78 feet to the centerline of the ditch; thence South 16° 51" 15" West, $44.02 feet tothe centerline of Sac County Drainage ditch No. 60; thenee North 62° 44° East along the centerline of Drainage Ditch, 480.73 feet to the point of beginning. EXCEPT a parcel of land in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Twelve (12), Township Eighty-six (86) North, Range Thirty-seven (37) West of the Sth P.M., Sac County, Towa, and more particularly described as follows: The East 45.0 feet ofthe 3.45 acre parcel acquired by Scott T. Mack by (Quit Claim Deed filed September 17, 1984, recorded in Book 44, Page 241, Sac County Recorder's Office. The | area ofthe East 45.0 feet is 0.43 acres including 0.31 acres of existing road right of way for a net of 0.12 acres, of new right of way. with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record: any easements of record for public utilities, roads and highways; and (consider: liens; mineral rights; other easements; interest of others.) (the "Real Estate"), upon the following terms: 1. PRICE. The total purchase price for the Real Estate is One Hundred Eighty Thousand and 0/100. Dollars ($ 180,000.00 ) of which, Dollars ($ 35,000.00 ) has been paid. Buyers shall pay the balance to Sellers at 206 1/2 Center Street, Wall Lake, lowa S146 or as directed by Sellers, as follows: ‘The balance of $145,000.00 shall be paid as follows: $1,500.00 per month beginning January 10, 2015 and continuing with a like amount on the first day of each month thereafter through and including January 10, 2017, at which time the balance of said contract shall be paid in full. Buyer shall have the tight to prepay the balance of this contract at | anytime.2. INTEREST. Buyers shall pay interest from December 10, 2014. on the unpaid balance, at the rate of _0._ percent per annum, payable N/A Buyers shall also pay interest at the rate of percent per annum on ali delinquent amounts and any sum reasonably advanced by Sellers to protect their interest in this ‘contract, computed from the date of the delinquency or advance. 3. REAL ESTATE TAXES. Sellers shall pay: ‘any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4, SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of this contract All other special assessments shall be paid by Buyers. 5. POSSESSION CLOSING. | Sellers shall give Buyers possession of the Real Estate on January 10.2015, provided Buyers are not in default under this contract. Closing Shall be on January 10, 2017 6. INSURANCE. Sellers shall maintain existing insurance upon the Real Estate until the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shall keep the improvements on the Real Estate insured against loss by fire, tomado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear. Buyers shall provide Sellers with evidence of such insurance. 7. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of this contract and deliver it to Buyers for examination. It shall show merchantable title in Sellers in or conformity with this contract, Iowa law and the Title Standards of the lowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full, however, Buyers reserve the right to occasionally use the abstract prior to full payment of the purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating ‘equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items.) 5-CARE OF PROPERTY. Buyers shall take good care of the property: shall Keep the buildings and other improvements now or later placed on the Real Estate in good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shall not make any material alteration to the Real Estate without the written consent of the Sellers.40. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by ___warrany __ deed, free and clear of all liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 11, REMEDIES OF THE PARTIES. ‘a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured: or (d) fail to keep it in reasonable repair as herein required; or (¢) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of lowa). Upon completion of such forfeiture Buyers shall have no right of reciamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, of failing to do so may be treated as, tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of lowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the lowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the lowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shalt have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the lowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket‘entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any ‘such redemption period shall be consistent with all of the provisions of Chapter 628 of the lowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the lowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over. unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. «.If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attomey's fees and costs as permitted by law. 42. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. {f Sellers, immediately preceding this contract, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full right of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 18. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a tileholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the lowa Code and agrees to execute the deed for this purpose. 44, TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers. 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context, 17. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 18. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person” or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilifies and expenses (including attomey's fees and costs) arising from or related to my breach of the foregoing certification.1 UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, | VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS ee Kiondike & Co a limited lability company Dated: December 18, 2014 Jemy Ray RapgFAuthefized Repiccentétive BUYERS Dated: BUYERS 19. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. {a) Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the 20. ADDITIONAL PROVISIONS. Seller shall be allowed to keep his items of personal property stored in the building located on the real estate referred to in this real estate contract but shall have said personal property removed therefrom by no later than July 1, 2015. Seller shall execute a warranty deed contemporaneously withthe signing of this real estate contract, ‘which warrranty deed shall be held in eserow by Bush Law Office, 101 Boyer Street, Wall Lake, Towa 51466-0159, until the final payment is made on said contract. Kiondike & Co, LL.C., @ limited lability company 1 pile BUYERS SELLERS — Jerry R:STATE OF __1OWA__, COUNTY OF SA This record was acknowedged before me this sth tay of __DECEMBER 2014 2A | coca Moree e381 Ds | Wegmans STATE OF , COUNTY OF This record was acknowledged before me this day of, . : by ‘Signature of Notary Pubic STATE OF COUNTY OF This record was acknowledged before me this ___ day of, 5 by Signature of Notary Public STATE OF ___10WA__, COUNTY OF SAC This record was acknowledged before me this 18h day of _ DECEMBER, 2014 STATE OF . COUNTY OF This record was acknowledged before me this day of. —— by as of ‘Signature of Notary Public ——Document 150150 R RELEASE, Pages 1 Date 02/05/2015 Time 02:29 PM Total Fees: 37.00 Nancy 1 Auen SAC COUNTY RECORDER redby. Tami Leman, Region XI Council of Governments, 1008 East Anthony Ste Carol, lowa 81401 (712)702-0014 Retumte: Gregory Simpson, 313 § 11% Steet, Sec iy, 60583 SATISFACTION OF MORTGAGE Full and complete satisfaction is hereby acknowledged of a certain Sac County mortgage for Two Thousand, Six Hundred, Ninety-six Dollars and 86/100 ($2,696.86) made and executed hy Gregory R. Simpson, a single person, to Region Xll Council of Governments, Ine, a corporation located at 1009 East Anthony Steet, Carroll Iowa, recorded in the offce of the Recorder of Sac County, State of lowa, as Instrument #100839, dated on May 18, 2010 and recorded on May 18, 2010. To Wit: 313.911" Street, Sac City, LA. Legal Description: Lot Three (3), in College Park, College Addition to the City of Sac City lowe. IN WITNESS WHEREOF the said Region XI Council of Governments, In. has caused this instrument to be signed by its Executive Dizector this 20" day of January, 2015, Region XI Righard T Hunsaker, Executive Director State of lowa, Carroll County, ss. (On this 2” day of January A.D., 2015, before me a Notary Public in and for said county, appeared Richard T. HHunsaker, 10 me personally known, who being by me duly sworn on oath, did say that he is the Executive Director ‘of Region XII Council of Governments, Inc. a corporation located in Carroll, lowa, and thatthe said instrument was by him signed on behait of the said corporation by the authority of it’s Board of Directors, and said Richard T. Hunsaker acknowledges the execution of the said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. ‘Witness my hand and Notarial Seal by me hereto affixed the day and year last above writen, a Es) ae Bay Bobi ad for td Cons eSInstr. Number: 150027 Recorded: 2/5/2015 at 8:04:00.0 AM Feo Amount: $7.00 Revenue Te NereyAuen RECORDER Sac County, lows a ~o lt a Fexsetews [ == | OWA DEPARTMENT OF REVENUE [ReSe~ve0ronneconoen res Fismaton NOTICE OF TAX LIEN Ike Racor Ros Ta steer tear See ec cpaed oes pret le SteSacosrons — Pees tine asosie Beets sowe.er era ana mer LOKTERKAMP,TERESA A SS9N1: 2006-9197 ssn toro LosuRE st FENN SAC OTT, 50580-2546 Notice Date: Fetxuary 06, 2015 County: SAC Account Notice of Lien Amount Nimber for Date Assessed“ Ressontor Ascossment _—Asseeed corr ectnoso} esta owt 2% 214 Taneetrtd Normans RAUB oorreose0sc2 Sas Tr Nonmbe 25204 Teteninat Novum hee ———600 correoae9 Se Tx Nownte 25204 Tentesinate Nosumwasieg 9350400 covreoo¢ suet Tx Nowe 204 Tensesinled Norumoaited S240 covreosotot Sas Tx Nowe 0 204 Tengen Moremeas ted $2808 oo Total Amount Due: $38,674.06 corres Chute 4 women haa G2 ACCOUNT NuMBER é BeDocument GWH150147 GroundMaterliar Pages 2 Date 02/08/2015 time 09°30 alt Total Fees: $0.00 ove 327 Nancy L Aven SAC COUNTY RECORDER REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Roger D. Petersen, Trustee ‘Address. 139 East Shore Drive, Lake View, lowa Nunta Seater RR CaTomarre, soe Es ‘TRANSFEREE: Name Josh Whiteing and Elizabeth Whiteing ‘dress 198 Vine Stect Lake View, Towa $1480 reer sn Stet FR Ov. TomarPO, one ‘Address of Property Transferred. 128 Vine Street, Lake View, lowa en an Seo RR cay tomar — me Lega Desig of Property: (tach i necossary) Lot Seven) Black Ten (10), Original Town of take View, Sac Couniyelowa, 41. Wells (check one) _X.Thore are no known wells situated on this propery There is a wel or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheel, as necessary. 2, Solid Waste Disposal (check one) “X. There [s:no known Solid waste disposal site on this property. — There isa 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) “X There is no known hazardous waste on this property. = There is hazardous waste on this property and information related thereto Is provided in ‘Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) _X_ There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating ol tanks, cisterns and seplic tanks in instructions.) ___ There is an 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, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)5. Private Burial Site (check one) “X There are no known private burial sites on ths property = There is a private burial site on ths propery. The location(s) ofthe site(s) and known identifying Information of the decedan(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) “AX All buildings on this property are served by a public or semi-public sewage disposal system. > tis transaction does not involve the transfer of any building which has oF is required by aw to have a sewage disposal system _— There is building served by private sewage disposal system on ths property or a building without any lawful sewage disposal system. A certifed inspectors report is attached which documents the condition ofthe private sewage disposal system and whether any modifications {are required to conform to standards adopted by the Department of Natural Resources. A ‘ered inspection report must be accompanied by tis form when recording, _— There is buiding served by private sewage disposal system on this property. Weather or ‘other temporary physical conditions prevent the certified Inspection ofthe private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system athe earliest practicable time and to be responsibe for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowedgment is attached to this form, __ There is building served by private sewage cisposal system on this property. The buyer has executed a binding acknowledgment with tne county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy ofthe binding acknowledgment is provided with ths form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowiedgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage d'sposal inspection requirements pursuent to ‘the following exemption [Note: for exemption #9 use prior check box}: _— The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT | HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM ‘AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Peg, 2 ore Telephone No.: (712) 657-2752 FILE WITH RECORDER DNR form 542-0960 (July 18, 2042)Document GWH150149 om GroundMatertiaz Pages 3 Date 02/05/2015 Time 12:36 PM Total Fees: 30.00 povt 328 Mancy 1 Auen ‘SAC COUNTY RECORDER cow. REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR: TRANSFEROR: Name Scott T. Mack ‘Address 306 Center Street, PO Box 4, Wall Lake, lowa 51466-0004 ‘TRANSFEREE: Name Klondike & Co. L.L.C., a limited liability compan Address clo Jerry Ray Lapel, PO Box 338, Wall Lake, lowa 51466-0338 Nome aed Set or RR (hy, Towa P 0. ‘ae ES Address of Property Transferred: 206 1/2 South Center Street, Wall Lake, lowa 51466 Naber an Soe AR cm, Town P.O se ze Legal Description of Property: (Attach if necessary) Sec 1 in Addendum 41. Wells (check one) _X There are no known wells situated on this property = There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) _X. There is no known solid waste disposal site on this property. = There is solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document, 3. Hazardous Wastes (check one) _X There is no known hazardous waste on this property — There is hazardous waste on this property and information related thereto is provided in ‘Attachment #1, attached to this document. 4, Underground Storage Tanks (check one) _X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cistems and septic tanks, in instructions.) __ There is an 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, as necessary. FILE WITH RECORDER [DNR form 542-0960 (July 18, 2012)5, Private Burial Site (check one) _X. There are no known private burial sites on this property. = There is private burial site on this property. The location(s) ofthe site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary, 6. Private Sewage Disposal System (check one) _X_All buildings on this property are served by a public or semi-public sewage disposal system, Tis transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system, ___ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A Certified inspection report must be accompanied by this form when recording, __ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. __ There is a building served by private sewage disposal system 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 is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box, The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT | HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM ‘AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signaturef, awe. Z Ge Telephone No.: (712) 371-3513 ‘Soott T. Mack FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)ADDENDUM 1. Apart of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Twelve (12), and a part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section Thirteen (13), all in Township Eighty-six (86) North, Range Thirty-seven (37) West of the Sth P.M., Sac County, towa, more fully described as follows: Commencing at the Southeast corner of said SE1/4; thence North, along the East line of said SE1/4, 73.11 feet to the centerline of Sac County Drainage Ditch No. 60 said point being the point of beginning; thence continuing North along the East line of said SE1/4, 411.70 feet to a point on the South line of the original station grounds of the Chicago and North Western Transportation Company right of way; thence Southwesteriy along the arc of a 2.15° curve concave Southeasterly and being 200 feet distant ‘measured radially from the centerline of the mainline tract of the Chicago and North Western Transportation Company, 291.78 feet to the centerline of the present ditch; thence South 16" 51 15% West, $44.02 feet to the centerline of Sac County Drainage ditch No. 60; thence North 62° 44° East along the centerline of Drainage Ditch, 480.73 feet to the point of beginning, EXCEPT a parcel of land in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section Twelve (12), Township Eighty-six (86) North, Range Thirty-seven (37) West of the Sth P.M. Sac County, lowa, and more particularly described as follows: The East 45.0 feet of the 3.45 acre parcel acquired by Scott T. Mack by Quit Claim Deed filed September 17, 1984, recorded in Book 44, Page 241, Sac County Recorder's Office. The area of the East 45.0 feet is (0.43 acres, including 0.31 acres of existing road right of way for a net of 0.12 acres of new right of way.