results of the november 12, 2013 sheriff's sale

8/13/2019 Results of the November 12, 2013 Sheriff's Sale

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E-FILED 2013 APR 29 2:40 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 MAY 13 10:24 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 MAY 13 10:24 AM SAC - CLERK OF DISTRICT COURT


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(Notice Id:2CA017)

District Court Administration

Second Judicial District

Webster County Courthouse Bill Watson

701 Central Avenue, 4th Floor Assistant Court Administrator

Fort Dodge, IA 50501

(515) 576-6336 Kellie Orres

Fax: (515) 574-3758 Case Coordinator

(515) 574-3752

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Date: 07/09/2013

To: Colin McCullough

Case Title: FARMERS STATE BANK VS DUSTIN RARDIN, ET AL

Case No: 02811 EQCV019426

Petition Filed: 04/29/13

Return of Service:May 2, 2013

Court records indicate that an answer has not been filed in the above captioned matter. If an answer, application for

default or a dismissal is not filed within 30 days, this matter will be referred to the court for dismissal.

/s/ Kellie Orres

---------------------------------------

Designee of the Court

Clerk to provide copies ornotice of document to attorneys

of record and/or parties appearing

pro se.

Docket Code = NOOT

E-FILED 2013 JUL 09 10:19 AM SAC - CLERK OF DISTRICT COURT


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Case ID : 02811 EQCV019426 - FARMERS STATE BANK VS DUSTIN

RARDIN, ET AL

Event Cd : NOOT

COLIN J MCCULLOUGH filed

E-FILED 2013 JUL 09 10:19 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 JUL 26 12:25 PM SAC - CLERK OF DISTRICT COURT


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1


FARMERS STATE BANK, * EQUITY NO. EQCV019426

PAINTIFF *

*

VS. * ORDER ON WRITTEN

* APPICATION FOR

DUSTIN M. RARDIN AND * DEFAUT !UD"MENT

PAUINE ". RARDIN, *

DEFENDANTS *

*

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

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

of Plaintiffs Petition, filed b the Plaintiff herein, and re!uesting that the Court find in default

the Defendants, Dustin "# $ardin and Pauline %# $ardin, on its action to foreclose its "ortgage#

Plaintiff has filed a Written Application for Default Judgment, a &otice of 'ntent to

(ile Written Application for Default Judgment and an Affida)it of "ailing &otice of same in

accordance *ith 'o*a $ules of Ci)il Procedure 1#+1 through 1#+-# Plaintiff has also filed an

Affida)it $elating to the Defendants "ilitar .er)ice regarding the Defendants under the

.oldiers and .ailors Ci)il $elief Act, and applies for a default /udgment against the Defendants

abo)e named#

The Court finds from an inspection of the record that the Defendants, are not, nor ha)e

been, in the militar ser)ice#

The Court further finds that the Defendants ha)e been dul and legall ser)ed *ith a

proper 0riginal &otices as sho*n b the Proofs of .er)ice on file that the Defendants are *ithin

the /urisdiction of the Court that the time for all appearances has passed and no Defendant has

appeared#

E-FILED 2013 AUG 08 9:51 AM SAC - CLERK OF DISTRICT COURT


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2

A Default Judgment is accordingl entered against the Defendants, Dustin "# $ardin and

Pauline %# $ardin, /ointl and se)erall, on Plaintiffs Petition to (oreclose the "ortgage

referred to therein#

'T '. T34$4(0$4 0$D4$4D, ADJ5D%4D A&D D4C$44D that Plaintiff shall ha)e

a /udgment for attornes fees in the amount of 6711+8#297#

'T '. T34$4(0$4 (5$T34$ 0$D4$4D, ADJ5D%4D A&D D4C$44D that

Plaintiff shall ha)e a Judgment on its Petition against the Defendants, /ointl and se)erall, in the

amount of .i:t;(our Thousand 4ight 3undred (ort;(i)e Dollars and 4ight Cents =9#?>@

*ith interest accruing thereon in the amount of .i:teen Dollars and (ort;fi)e Cents , 2?1-, and a Decree of (oreclosure against the mortgaged real estate#

The Plaintiffs lien of its "ortgage and Judgment is established and confirmed as the first

and paramount lien on the real estate abo)e, senior and superior to the rights, title and interest of

all other Defendants, if an#

'T '. (5$T34$ 0$D4$4D, ADJ5D%4D A&D D4C$44D that a .pecial 4:ecution

shall issue against the mortgaged land described as follo*s

The &orth (ift (eet


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-

All costs are ta:ed to the Defendants#

.0 0$D4$4D

E-FILED 2013 AUG 08 9:51 AM SAC - CLERK OF DISTRICT COURT


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C O N S U M E R N O T E , S E C U R IT Y A G R E E M E N T , A N D D I S C L O S U R E S T A T E ME N T 1-11-03 L E N D E R F A R M E R S S T A T E B A N K

L A K E V I E W , I O W A 51450

B O R R O W E RDjstin M . R a r d i n , GourtneyD. Blover| ^3 X' IKL E N D E R

F A R M E R S S T A T E B A N KL A K E V I E W , I O W A 51450 P . O . Box TH andFfeulineRard in

nATP 1 1 1 1 *3

L E N D E RF A R M E R S S T A T E B A N K

L A K E V I E W , I O W A 51450 TakP. V I P W , TA 514=50 AMOUNT $ 64 , f Y " Y \ f l f i

L E N D E RF A R M E R S S T A T E B A N K

L A K E V I E W , I O W A 51450S O M E T I M E S R E F E R R E D TO H E R E I N AS " Y O U "

I S S O R Y N O T E THIS IS A C O N S U M E R C R E D I T T R A N S A C T I O N ot the loan received from Lender, the und erl in ed Borrower (both jointly end severally. If more than one person has signed this documen t) pro mlie (i) to pay to Lender at Its address

t h. prncipa s um o t S i xty^fVi rr* IWi v^n r] and (D/100 Don.t% ft^nnO.lDfrom . 1-11-OR 1-n-n 7 . 5 0 %) per annum'.

cipal amoun t hM be payable.D On demand, but II no deman d'a made on ;

On deman d; On ;

(a), (b) or (c) above acc rue d Interest Is payable O monthly, begi nni ng on ,deman d; or Q : : . ).' (2 In 5 9 Inatallmenta of principal and Interest ot $ ^ 5 0 . 0 0

. and the same day of each month thereafter; at maturity, inclu ding If applicable.

7-11-ORrrmth

)an d contin uing on the earn , day ol aach .

Rallrrti rsyrmt nf ,fiF0,S'Tr>.cS1 dip 1-11-13. when the entire unpaid balance will be due.

If checke d. I e above mentioned Interest rata la subject o change, so as to be - percentage points Q above below the following' (ihe"Base Rate"). An Increase in the Interest rate will cause an Increase in D the amount of each scheduled payment

t maturity; or the number ol payments. Notwithstandi ng anything to Ihe contrary contained herein, the Interest rate on this Note shell at no time exceed the highest rateby applicable law. Change s In the Interest rate shall take effect on this Note (assuming the B a s eRate has changed).

O F P A V M E N T S T " AI "pay ment' V h e ne ver'ma d e . shall apply first toward~accrtied Interest, withthe remainder of any payment applying toward principal.MATURITY I N T E R E S T . The unpaid balance of this Note shall bear Interest after final maturity, includi ng maturity by accelerat ion, at the rate of 1 0 * 5 0 * P *r annum. I

a late charge on any installment not paid Ln M l wtt Ln ten (10) days alter lis due dale. The charge wll De an amount not exceedi ng live (5) percent ofth e unpaid amount ol the instalment, or S1 5 00.

Borr ower may prepay this Note in whole or In part at any time. In the event ot any partial prepayment. Borrower shall continue to make all schedule d payments until this Note ts paid C H A R G E OF t 7 . T ) :. If Borrower prepays this consumer loan In full and the finance charge earned et the time of such pre

lessthan the above MINIMUMC H A R G E .Lender may not collect or retain a MINIMUM C H A R G E if there Is only e partial prepayment.OF C O L L E C T I O N .Except where prohibited by applicable law. Borrower promise* to pay the costs of collection.

OFL O A N . The purpose ol this loan Is ' \ *

d performance ot the Obllgatlona en d the aecured obllgetlona aa thoae terms are yenn ed on tha reverae aide. Borrower granta to Len der a aecurlty Intereet In thedecrhooproperty:. Qprn E M R e a lEstate Nbrtgaga datedl-ll-


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E-FILED 2013 AUG 21 2:58 PM SAC - CLERK OF DISTRICT COURT


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FARMERS STATE BANK Plaintiff / Petitioner

vs.

DUSTIN M. RARDIN AND PAULINE G. RARDIN

Defendant / Respondent

CASE NO. 02811 EQCV019426

Special Execution

Docket Event Code: ESPC

To the Sheriff of County:WHEREAS a petition has been filed in the SAC County District Court, State of Iowa for the foreclosure of a certain

mortgage/note upon the real estate described in the attached Decree and by reference made a part hereof, naming the

plaintiff(s) and defendant(s) as set out in the caption above.

the North Fifty (50') of Lots Three (3) and Four (4), Block Three (3), Broughton's First Addition to Lake View, Sac County,

Iowa

AND WHEREAS, on August 8, 2013 the Court rendered judgment in said action as follows:

In Favor of Plaintiff Against: Defendants and in rem

$64,845.08 with interest accruing thereon in the amount of $16.45 per diem from 7-18-13, $1196.25 attorney fees and$235 court costs

Together with the original and accrued costs of suit.

AND WHEREAS, the said Court further rendered a decree in said action, forever barring and foreclosing the equity of the

redemption of the said defendants in and to said mortgaged premises, and ordered that the same, or so much thereof as

shall be necessary, be sold to satisfy said judgment with interest and costs, and directed that a special execution issue

accordingly;

NOW THEREFORE, you are commanded, in the name of the State of Iowa, to expose to sale the property legally

described in attached decree or so much thereof as may be necessary, to satisfy, wholly or in part, said judgment

referenced herein with interest and costs as aforesaid, and all legal costs accruing by virtue of this writ as outlined

in attached praecipe, and have said money before our Court and make due service and legal return of this writ accordingto law within one hundred twenty days from the date hereof.

Witness my hand, with the seal of the said Court hereunto

affixed this date: 08/21/2013

Redemption Period:none /s/DONNA GEERY

Delay of Sale: Clerk of Court/Designee



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Attorney:Colin McCullough SAC County



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Plaintiff/Petitioner

vs.

Defendant/Respondent

Case No. 02811 EQCV019426

Return of Service ofSpecial Execution

Under Iowa Code 626.12

Docket Event Code: RSEX

Execution Issued by Clerk

August 21, 2013

Issued Against FARMERS STATE BANK

Date Served ______________________

Amount Collected _______________

Who Served _______________________

Amount Retained ________________

Where Served ______________________

Amount to Clerk _________________

Date Received______________________

Sheriff,

__________________________ County, Iowa

By _______________________________ Deputy



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Case ID : 02811 EQCV019426 - FARMERS STATE BANK VS DUSTINRARDIN, ET AL

Event Cd : ESPC

FARMERS STATE BANK filed



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E-FILED 2013 NOV 12 1:25 PM SAC - CLERK OF DISTRICT COURT


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results of the november 12, 2013 sheriff's sale

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