Foreclosure - 3007 180th Street, Sac City, Iowa

transcript

E-FILED 2014 APR 23 2:13 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 07 11:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 22 1:58 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAY 23 1:34 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUN 18 11:44 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUN 26 2:10 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUN 30 4:05 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT

FOR SAC COUNTY

UNITED BANK OF IOWA, * EQUITY NUMBER EQCV 019515

PLAINTIFF *

KORY M. PUTNAM AND SAMANTHA *

R. PUTNAM N/K/A SAMANTHA RAE * ORDER FOR DEFAULT JUDGMENT

OLSEN, *

DEFENDANTS *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

This matter comes before the Court upon the “Written Application for Default Judgment”

on Plaintiff’s Petition filed by the Plaintiff herein, and requesting that the Court find in default

the Defendants, Kory M. Putnam and Samantha R. Putnam n/k/a Samantha Rae Olsen, on its

action to foreclose its Mortgage.

Plaintiff has filed a “Written Application for Default Judgment”, a “Notice of Intent to

File Written Application for Default Judgment” and an “Affidavit of Mailing Notice” of same in

accordance with Iowa Rules of Civil Procedure 1.971 through 1.973. Plaintiff has also filed an

Affidavit relating to the Defendant’s military service under the Soldiers and Sailors Civil Relief

Act and applies for a default judgment against the Defendants above named.

The Court finds from an inspection of the record that the Defendants, Kory M. Putnam

and Samatha R. Putnam n/k/a Samantha Rae Olsen, are not nor have been in the military service.

The Court finds that the Defendants have been duly and legally served with proper

Original Notices as shown by the Proofs of Service on file herein; the Defendants are within the

jurisdiction of the Court; that the time for all appearances has passed; and no Defendant has

E-FILED 2014 JUL 01 1:35 PM SAC - CLERK OF DISTRICT COURT

appeared. The facts are as alleged in the Petition; and the Plaintiff is entitled to the relief herein

awarded.

A Default Judgment is accordingly entered against the Defendants, Kory R. Putnam and

Samantha R. Putnam n/k/a Samantha Rae Olsen, jointly and severally on the Petition to foreclose

the Mortgage set forth herein.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff shall have

a Judgment on its Petition against the Defendant, Kory M. Putnam, personally and in rem, in the

amount of Forty-two Thousand Four Hundred Seventeen Dollars and Thirty Cents ($42,417.30)

as of the 31st day of March, 2014 with interest accruing thereon daily in accordance with the

terms of a promissory note; and a Decree of Foreclosure against the mortgaged real estate.

The Plaintiff’s lien on its Mortgage and Judgment is established and confirmed as the

first and paramount lien on the real estate above described, senior and superior to the rights, title

and interest of any and all other Defendants, if any.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Special Execution

shall be issued against the mortgaged land described as follows:

A part of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼) of Section Nine (9), Township Eighty-nine (89) North, Range Thirty-five (35) West of the 5th P.M., Sac County, Iowa, more fully described as follows: Beginning at the Southwest corner of the Southwest Quarter (SW¼) of Section Nine (9), Township Eighty-nine (89), Range Thirty-five (35) West of the 5th P.M., Sac County, Iowa; thence East, along the South line of said Southwest Quarter (SW¼) Five Hundred Twenty-seven and Forty-two One Hundredths (527.42) feet; thence North 00°02’; West, Four Hundred Thirty-seven (437) feet; thence West, Five Hundred Twenty-seven and Forty-two One Hundredths (527.42) feet to the West line of said Southwest Quarter (SW¼); thence South 00°02’ East, along the West line of said Southwest Quarter (SW¼), Four Hundred Thirty-seven (437) feet to the point of beginning.,

to collect said Judgment, interest, costs, and costs to accrue; and the Defendants are forever

barred and foreclosed from all right, title and interest in said land; subject to Defendants’ right of

redemption, if any.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Special Execution

issue for the sale of the premises accordingly and a Sheriff’s Deed issued to the purchaser or his

or her assigns conveying the absolute title thereto against all Defendants, if any, and all persons

claiming by, through or under any of them; and that a Writ of be Possession then issued

forthwith after the redemption period, to put such grantee in immediate possession of the entire

premises; and if any deficiency remains, that a General Execution issue against the goods,

property, money and credits of the Defendant, Kory M. Putnam; and the proceeds therefrom

shall apply on said judgment until it is fully paid.

All costs are taxed against the Defendant. The Court retains jurisdiction to make any

further rulings regarding this foreclosure action with or without notice to the parties.

SO ORDERED.

State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleEQCV019515 UNITED BANK OF IOWA VS KORY PUTNAM ET AL

So Ordered

Electronically signed on 2014-07-01 13:35:49 page 4 of 4

Foreclosure - 3007 180th Street, Sac City, Iowa

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