Instr. Number: 2019-04118 Recorded: 5/24/2019 at 3:58:30.0 PM County Recording Fee: $52.00 Iowa E-Filing Fee: $3.97 Combined Fee: $55.97 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa REAL ESTATE MURTGAGE THE IOWA BAR Of?cial Form?No. 127 E33 -- Recorder?s Cover Sheet '55 I 4 .849 Preparer Information: (Name, address and phone. number) Terry L. Gibson, ?Wandro Associates, 2501 Grand Avenue, Des Moinos, IA 50312 Taxpayer Information: (Name and complete address) Jean N. Griffen, 2200 Hamilton Drive, Unit 409, Amos, IA 50014 Return DocumemTo: (Name and complete address) Terry L. Gibson, Wandro Associates, 2501 Grand Avenue, Des Moines,1A 50312 Grantors: Grantees: Scott Griffon Jean Griffen Legal deserip??n: 125 Main Street, Ames, Iowa. 5001' 0 (see page 2) Document or instrument number of praviousiy recorded documents: ?0 The Iowa State Bar Association 2.016- 2019-04118 05/24/2019 03:58:30 PM Page 2 of 10 ,m 7; REAL ESTATE monroaos 3,235.3 :9 (Open End) THIS MORTGAGE (?Mortgage") encumbers both real and personal property, contains an after ?acquired property clause and secures present and future loans and advances. NOTICE: This Mortgage secures credit in the amount of 425,000.00 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. Elf this box is checked, this Mortgage also constitutes a Construction Mortgage as defined in the Iowa Code. If this box is checked, this Mortgage is a Purchase Money Mortgage as defined in the lowa Code. THIS Mortgage is made between Scott Griffen, a single person, 1614- Pier-ce Circle, Amos, lowa 50010 ("Mortgagors") and lean Griffen, 2200 Hamilton Drive, Unit 409, AHIGS, Iowa 50010 (?Mortgagee?). 1. GRANT OF MORTGAGE AND SECURITY Mortgagors hereby sell, convey and mortgage unto Mortgages, and grant a security interest to Mortgages in the following described property: 3) LAND AND BUILDINGS. All of Mortgagors' right, title and interest in and to the following described real estate situated in Story County, lowa (the "Land?); LOTS 18 AND 19 IN BLOCK 12, ORIGINAL TOWN OF AMES, AND LOCALLY KNOWN AS 125 MAIN STREET, ANIES, 50010 and all buildings, structures and iniproven'lents now standing or at any time hereafter constructed or placed upon the Land {the ?Buildings?), including all hereclitaments, easements, appurtenances, riparian rights, mineral rights, water tights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates and other rights and interests now or hereafter belonging to or in any way pertaining to the Land. b) PERSONAL PROPERTY, All ?xtures and other personal property integrally belonging to, or hereafter becoming an integral part of the. Land or Buildings, whether attached or detached, including but not limited to, light ?xtures, shades, rods, blinds, Venetian blinds, awnings, storm windows, screens, linoleum, water softeners, automatic heating and air~ conditioning equipment and all proceeds, products, increase, issue, accessions, attachments, accessories, parts, additions, repair-s, replacements and substitutes of, to, and for the foregoing (the "Personal Property"). 0) REVENUES AND INCOME. All rents, issues, profits, leases, condemnation awards and insurance proceeds now or hereafter arising from the ownership, occupancy or use of the Land, Buildings and Personal Property, or any part thereof (the "Revenues and income"). The laws State Bar Association 2016 Form No. 127, Real Estate Mortgage lowaDoes? Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 3 of 10 TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and income (collectively called the "Ivl'ortgaged Property?), together with all privileges, hereditaments thereunto now or hereafter belonging, or in any way appertaining and the products and proceeds thereof, unto Mortgagee, its successors and assigns. 2. OBLIGATIONS. This Mortgage secures the tbllowing (hereinafter collectively referred to as the "Obligations?): a) The payment of the loan made by Mortgagee to Great Western Bank evidenced by a promissory note dated February 9, 2018 in the principal amount of 425,000.00 with a due date of May 10, 20.18 ., any renewals, extensions, modi?cations or refinancing thereof and any promissory notes issued in substitution therefor; and b) All other obligations of Mortgagors to Mortgagee, now existing or hereafter arising, whether direct or indirect, contingent or absolute and whether as maker or surety, including, but not limited to, future advances and amounts advanced and expenses incurred by Mortgagee pursuant to this Mortgage. 0) Mortgage}? received the bene?t of the monies borrowed by Mortgages under the Note identified in Paragraph 2(a) and is obligated to repay to Mertgagee the monies received by Mortgagor so as to permit the obligation arising under the Note to be. paid to the Neteholder. THIS PARAGRAPH SHALL NOT A COMMITMENT TO MAKE ADDITIONAL- LOANS lN ANY AMOUNT. 3. REPRESENTATIONS AND WARRANTIES represent, warrant and covenant to Mortgages that Mortgagors hold clear title to the Mortgaged Property and title in fee simple in the Land; (ii) Mortgagors have the right, power and authority to execute this Mortgage and-to mortgage, and grant a security interest in the Mortgaged. Property; the Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes not yet delinquent and except as otherwise stated in subparagraph la. herein; (iv) Mortgagors will warrant and. defend title to the. Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons, whether new existing or hereafter arising; and all buildings and improvements now or hereafter located on the Land are, or will be, located entirely within the boundaries of the Land. (vi) Mortgage]: not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order of 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 Of?ce of Foreign Assets Control; and are not engaged in this trans-action, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Mortgagor 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 attorneys fees and costs) arising from or related to any breach of the foregoing certification. 4. PAYMENT AND PERFORMANCE OF THE OBLIGATIONS. Mortgagors will pay all amounts payable under the Obligations in accordance with the terms of the Obligations when and as due and will timely perform all other obligations of Mortgagors under the Obligations. The provisions of the Obligations are hereby incorporated by reference into this Mortgage as if fully set forth herein. 5. TAXES. Mortgagors shall pay each installment of all taxes and special assessments of'every kind, now or hereafter levied against the Mortgaged Property before the same become delinquent, without notice or demand, and shall deliver to Mortgagee proof of such payment within fifteen (l 5) days after the date in which such tax or assessment becomes delinquent. The Iowa State Bar Association 2016 2 Form No. 127, Real Estate h?lortgage intranets?) Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 4 of 10 6. LIENS. h/lortgagors shall not create, incur or suitor to exist any lien, encumbrance, security interest or charge on the Mortgaged Property or any part thereof W?iftich might or could he held to be equal or prior to the lien of this Mortgage; other than the lien oi" surreal real estate taxes and installments of special assessments with respect to which no penalty is yet payable lhxiliortgagors shail pay, when dug, the claims Of all persons supplying labor or materials to or in connection with the Mortgaged Property. 7. COMPLIANCE LAWS. Mortgago-rs shall compiy tari?th all present and future statutes, laws, rules. orders regulations and ordinances affecting the Mortgages Property, any part thereof or the usethereof. 8. CONTESTS. Mortgagors shall not be required to pay any tax, assessment or other charge "referred to in paragraph 5 hereof, (ii) discharge or remove any lien, encumbrance or charge referred to in paragraph 6 hereo? or comply with any statute, lama terrier regulation or ordinance referred to in paragraph 7 hereof, so long as Mortgagors shall contest. in. good faith, the existence. amount or the validity thereof, the amount of damages caused thereby or the extent of Mortgagors? liability therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent (A) the collection of, or other realization uport the tax, assessment, el?iarge or lieu, encumbrances or charge so contested, (B) the sale, forfeiture.- or loss of the Mortgaged Property or any part thereof, and (C) any interference with the use or occupancy of the Mortgaged Property or any part thereof. Mortgagors shall give prompt written notice to Mortgages of the commencement of any contest referred. to in this paragraph 8. 9. CARE OF PROPERTY. Mortgagors sha?ii take good care of the Mortgaged Property; shall keep the Buildings and Personal Property now or later placed Upon the Mortgaged Property in good and reasonable repair and shall not injure, destroy or remove either the Bui idings or Personal Property during the term of this Mortgage. Mortgagors Shall not make any material alteration to the Moogaged Property Without the pr?idr written censent of'Mo-rtgagee. 10. ENSURANCE. a) Risks to be insured. Mortgagors, at their sole cost arid expense, shall maintain insurance as follows: i. If this is a Construction Mortgage, during the period of construction. Mortgagors will maintain builder?s risk insurance, writteo on the .so?calied "builder?s risks completed value basis", in an amount equa?i to l00% of the insurable value of the Mortgaged Property at the date of completion and with ooverage available on the so ~ealled. "all risk", non~reporting form of polioy; provided that, to the extent "that any contractor for such construction shall provide a duplicate insurance policy or builder's risk policy or certi?cate of iosuranoe showing that the same coverage as is herein required is being carried by such contractor and adequately protects the interest of Mortgagee and Mortgagors with respect?to the Mortgaged Property or a part thereof, Mortgagee shall not he required to maintain separate coverage. The insurance provided for by this subparagraph with respect to the Mortgaged Property or such part thereof shall not be required while the Mortgaged Property or part thereof is so insured. Mortgagee?s interest shall be protected in accordance with a standard mortgagee clause. ii. if this is a Construction Mortgage, during the period of construction, Mortgagors will maintain co-mpreheosiVe general liability insurance (including operations, contingent liability. operations. of subom?rtractors, complete operations and contractual liability insurance) against bodily injury and property damage in amounts satisfactory to Mortgages. "if this is not a Construction Mortgage, or upon completion of construction, Mortgagors wili maintain comprehensive generai public- The Iowa Statc'Bar Association 2016 3 Form No. 127; REal Esta to Mortgage IowaDocsdj: Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 5 of 10 liability insurance and property damage. liability insurance in amounts satisfactory to Mortgagee to protect Mortgagors from claims (including all costs and expenses of defending the Same) for personal injury, sickness, disease or death or for damage or injury to or destruction. of property {including loss of use thereof) occurring in, on or about the Mortgaged Property. if this is not a Construction Mortgage, or upon completion of construction, Mortgagors will maintain insurance on the Buildings and other improvements now existing or hereafter erected on the Land and on the Personal Property included in the Mortgaged Property against loss by ?re, extended coverage perils and such other hazards as Mortgagee may from time to time require, such insurance to have a ?Replacement Cost? endorsement attached thereto, with the amount of the insurance at least equal to the balance of the Obligations. At l\/lortgagors' option, such policy may have a coinsurance clause of not less than 90% of replacement cost provided the policy contains. an appropriate form of cost escalation endorsement. Mortgagors will at their sole cost and expense, from time to time, and at any time at the request of Mortgagee, provide Mortgages with evidence. satisfactory to Murtgagee of the replacement cost of Mortgaged Property. iv. if this is a Construction Mortgage, during the period of construction, Mortgagors will. maintain worker's compensation insurance with respect to all employees of Mortgagors and each contractor; and, if this Is not a Construction Mortgage, or upon completion, of construction, Mortgagors will maintain worker?s compensation insurance with respect to all employees of Mortgagors. it. At all times, Mortgagors will maintain such other insurance as Mortgagee may reasonably require. b) Policy Provisions. All insurance policies and renewals thereof maintained by Mortgagors pursuant to this Mortgage shall be written by an insurance carrier satisfactory to Mortgagee, be payable to the parties as their interest may appear, contain a standard or union-type loss payable clause in favor of Mortgagee, contain an agreement of the insurer that it will not amend, modity or cancel the policy except after thirty (30) days prior written notice to Mortgagee, and be reasonably satisfactory to Mortgagee in all other respects. c) Delivery of Policy or Certi?cate. if requested by Mortgagee, Mortgagors will deliver to Mortgagee original policies satisfactory to Mortgagee evidencing the insurance which is required under this Mortgage, and Mortgagors shall furnish to Mortgagee all renewal notices and, upon request of Mortgagee, evidence of payment thereof. At least ten (l0) days prior to the expiration date of a required policy, Mortgagors. shall deliver to Mortgagee a renewal policy in form satisfactory to Mortgagec. d) Assignment of Policy. If the Mortgaged Property is sold at a foreclosure sale or if Mortgages shall acquire title to the Mortgaged Property, Mortgagee shall have all of the right, title and interest of Mortgagors in and to any insurance policies required hereunder, and the unearned premiums thereon, and in and to the proceeds thereof resulting from any damage to the Mortgaged Property prior to such sale tit-acquisition. e) Notice of Damage or Destruction: Adjusting Loss. if the Mortgagcd Property Or any part thereof shall be damaged or destroyed by ?re or other casualty, Mortgagors will, within ?ve calendar days after the occurrence of such damage 0r destruction, give written notice thereof to the insurance carrier and to Mortgagee and will not adjust any damage or loss which is estimated by Mortgagors in good faith to exceed $25,000 unless Mortgagee shall have joined in or concurred with such adjustment; but if there has been no adjustment of any such damage or loss Within four (4) months from the date of occurrence thereof and if The lows State Bar Association 2016 4 Form No. 127, Real Estate Mortgage 'lowaD-msfs Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 6 0f10 an Event of Default shall exist at. the end of such four (4) month period or at any time thereafter, Mortgages may alone rnalre proof of loss, adjust and compromise any claim under the policies, and appear in and prosecute any action arising from such policies. In connection therewith, Mortgagors do hereby irrevocably authorize, empower and appoint Mortgagee as for Mortgagor (which appointment is coupled. with an interestthe foregoing in the name and on behalf of Mort-gagors. t) Application of Insurance Proceeds. All sums paid under any insurance policy required by this Mortgage shall be paid to Mortgagee, which shall, at its option, apply the same (after ?rst deducting there from Mortgagee?s expenses incurred in collecting the same including but not limited to reasonable attorney's fees) to the reduction of the Obligations or to the payment of the restoration, repair, replacement or rebuilding ot?Mortgaged Property that is damaged or destroyed in such manner as Mertgagee shall determine and secondly to the reduction of the Obligations. Any application of insurance proceeds to principal of the Obligations shall not extend or postpone the due date of the installments payable under the Obligations or change the amount of such installments. g) Reimbursement of Mortgagee's Expenses. Mortgagors shall reimburse Mortgagee upon. demand for all of Mortgagee's expenses incurred in connection with the collection of the insurance proceeds, including but not limited to reasonable attorneys fees, and all such expenses shall be additional amounts secured by this Mortgage. 11. Mortgages, and its agents, shall have the right at all reasonable times, to enter upon the Mortgaged Property for the purpose of inspecting the Mortgaged Preperty' or any part thereof. Mortgages shall, however, have no duty to make such inspectibn. Any inspection of the Mortgaged Property by Mortgages shall be entirely for its benefit and Mortgagors shall in no way rely or claim reliance thereon. 12. PROTECTION 0F SECURITY. Subject to the rights of Mortgagors under paragraph 8 hereof, if 'Mortgagors fail to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced which affects the Mortgaged Property or the interest of the Mortgages therein, or the title thereto, then Mortgages, at Mortgagee's option, may perform such covenants and agreements, defend against: or investigate such action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee's interest. Any amounts or expenses disbursed or incurred by Mortgages in good faith pursuant to this paragraph 12 with interest thereon at the rate of l0.00 per annum, shall become an Obligation of Mortgagors secured by this Mortgage. Such amounts advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagors unless Mortgagors and Mortgagee agree in Writing to other terms of repayment. Mortgages shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part. by the Obligations or by Mortgagee under the provisions hereof, and any such subrogation- rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgages shall not be liable to Mortgagors for any damage or claims arising out of action taken by Mortgagee pursuant to this paragraph. l3. CONDEMNATION. Mortgagors shall give Mortgagee prompt notice of any action, actual or threatened, in condemnation or eminent domain and hereby assign, transfer and set over to Mortgages the entire proceeds of any award or- claim for damages for all or any part. of the Mortgaged- Property taken 0r damaged under the power of eminent domain or condemnation. Mortgagee is hereby authorized to intervene in any such action in the names of Mortgagors, to compromise and. settle any such action. or claim, and to collect and receive from. the condemning authorities and give proper receipts and acquaintances for such proceeds. Any espenses incurred by @i The Iowa State Bar Association 2016 Form No. 127, Real Estate Mortgage lowsDomtE Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 7 of 10 Mortgages in intervening in such action or compromising and settling such action or claim, or collecting such proceeds shall be reimbursed to Mortgagee first out of the proceeds. The remaining proceeds or any part thereof shall be applied to reduction of that portion of the Obligations then most remotely to be paid, whether due or not, or to the restoration or repair of the Mortgaged Property, the choice of application to be solely at the discretion. of Mortgages. 14-, FIXTURE FILING. From the date of its recording, this Mortgage shall be effective as a ?nancing statement ?led 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 Mortgagors as set forth in paragraph 20 herein and the name and address of the secured party is the name and address of the Mortgages as set forth in paragraph 20 herein. 15. EVENTS OF DEFAULT. Each of the following occurrences shall constitute an event of default hereunder (?Event of Default"): a) Mortgagors shall default in the due observance or perfon?nance of or breach its agreement contained in paragraph 4 hereof or shall default in the due observance or performance of or breach any other covenant, condition or agreement on its par-t to be observed or performed pursuant. to the terms. of this Mortgage. b) Mortgagors shall make an assignment for the benefits of its creditors, or a petition shall be filed by or against Mortgagors under the United States Bankruptcy Code or Mortgagors shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of a material part of its properties or of the Mortgaged PrOperty or shall not, within thirty days after the appointment of a trustee, receiver or liquidator' of any material part of its properties or of the Mortgaged PrOper-ty, have such appointment vacated. c) A judgment, writ or warrant of attachment or execution, or similar process shall be entered and become a lien on or be issued or levied against the Mortgaged Property or any part thereof which is not released, vacated or fully bonded "withinthirty l30) days after its entry, issue or levy. d) An event of default, however defined, shall occur under any other mortgage, assignment or other security document constituting a lien on the Mortgaged Property or any part thereof. 6) Mortgagor?s failure to repay the sum of $425,000 plus interest accruing under the Note speci?ed in Paragraph 2(a) to Mortgagee on or before August 2019. 16. FORECLOSURE. Upon the occurrence of any Event of Default and at any time thereafter While such Event of Default exists, Mortgagee may, at its option, after such notice as may be required by law, exercise one or more of the following rights and remedies (and any other rights and remedies available to it): a) Mortgagee may declare immediately due and payable all Obligations secured by this Mortgage, and. the same shall thereupon be immediately due and payable, without further notice or demand. b) Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies accorded upon default to a secured party under the Iowa Unifoi'rn Commercial Code. If notice to Mortgagors of intended disposition of such. property is required by law in a particular instance, such notice shall. be deemed commercially reasonable if given to Mortgagors at least ten (10) days prior to the date of intended disposition. c) Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with the law o-fthe State of Iowa, and at any time after the commencement of an action in foreclosure, 0r during the period of. redemption, the court havingjurisdiction. of the case shall at the request of Mortgagee appoint a receiver to take immediate possession of the The Iowa State. Bar Association 2cm 6 Form No. 127, Real Estate lmvaDocs? Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 8 of 10 Mottgaged Property and of the Revenues and income accruing there from, and to rent or cultivate the same. as he may deem. best for the interest of all parties concerned, and each receiver shall be liable to account to Mortgagors only for the net pro?ts, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and upon the Obligations. l7, REDEMPTION. it is agreed that if this Mortgage covers less than ten (10) acres of land, and in the event of the foreclosure of this Mortgage 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 statues of the State of Iowa. shall be reduced to six (6) months provided the Mortgages, in such action files an election to waive any de?ciency judgment against Morlgagors 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 months after sale such right of redemption shall be exclusive to the Mortgagor, and the time periods in Sections 628.5, 628.15 and 628.l6 of the lowa Code shall be reduced to four months. It is further agreed that the period of redemption after a. foreclosure of this Mortgage shall be reduced to sixty (6.0) days if all of the three following contingencies develop: The real estate is less than ten (10) acres in size; (2) the Court finds af?rmatively that the said real estate has been abandoned by the owners and those persons personally liable under this Mortgage at the time of such foreclosure; and (3) Mortgagee in such action files an election to waive any de?ciency judgment against Mortgagors or their successors in interest in such action, If the. redemption period is so reduced, Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the ?rst 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 Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Mortgagors shall be a presumption. that the property is not abandoned. Any such redemption period shall be. consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph. shall. not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 18. ATTORNEYS FEES. Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee in enforcing or protecting its rights and remedies hereunder, including, but not limited to, reasonable attorneys' fees and legal expenses. 19. FORBEARANCE NOT A WAIVER, AND REMEDIES CUMULATIVE, No delay by Mortgagee in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver? by Mortgagee of any particular provisions of this Mortgage shall be deemed effective unless in writing signed by Mortgages, All such rights and remedies provided for herein or which Mortgages or the holder of the Obligations may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. 20. NOTICES. All notices required to be given here-under shall be in writing and deemed given when personally delivered or deposited. in the United States mail, postage prepaid, sent certified or registered, addressed as follows: a) If to Mortgagors, to: Scott Gritfen, a single person, 1614 Pierce Circle, Ames, Iowa 500i 0 b) if to Mortgagee, to: Jean Griffen, 2200 Hamilton Drive, Unit 409, Amos, lowa 50010 or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices. The Iowa State Bar Association 2916 lowa?ocsfb? Form No, 127, Real Estate Mortgage Revised January 2016 2019-04118 05/24/2019 03:58:30 PM Page 9 of 10 .21. in the event any portion of this Mortgage shall, for any reason, be held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions Shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Mortgage is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such provision shall. be deemed to be written, construed and enforced as so limited. .FURTHER ASSURANCES. At any time and from time to time until payment in full of the Obligations, Mortgagors will, at the request. of. Mortgagee, execute and deliver to Mortgagee such additional instruments as may be reasonably required to further evidence the lien of this Mortgage and to further protect the security interest of Mortgagee with respect to the Mortgaged Property, including, but not limited to, additional security agreements, ?nancing statements and continuation statements. Any expenses incurred by Mortgagee in connection with the reserdation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage. Such amounts shall be immediately due and payable by Mortgagors to Mortgagee. . 23. SUCCESSORS AND ASSIGNS CAPTIONS. The rights, covenants and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives, successors and assigns of the parties. Words and phrases contained herein, including acknowledgment hereof, shall be construed as in "the singular or plural number, and as masculine, feminine or neuter gender according to the contexts. The captions and headings of the paragraphs of this Mortgage are for convenience only and. are not to be used to interpret or define the provisions hereof. 24. This Mortgage shall be governed by and construed in accordance with the laws of the State of lowa. 25. RELEASE OF OF DOWER, HOMESTEAD AND DISTRIBUTIVE SHARE. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. 26. ACKNOWLEDGMENT OF RECEIPT OF COPIES OF DEBT Mortgagors hereby acknowledge the receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby. 2'7. ADDITIONAL PROVISIONS. 10 EM.) @1 The lows State Bar Association 2016 8 Form No. 127, Real Estate Mortgage lowaDccs? Revised January 2916 2019-04118 05/24/2019 03:58:30 PM Page 10 of 10 Dated: May 24, 2019 .Y (93 (If?yiw GRIFFEN Mortgage: Mortgang UNDERSTAND HOMESTEAD PRGPERTY ES EN MANY CASES PROTECTEB FRGM THEE CLAIMS BF CREDITGRS AND EXEMPT FROM JUDICIAL AND THAT BY SIGNING THIS MORTGAGE, I VGLUNTARILY GIVE UP MY RIGHT TO TEES PROTECTION FOR THIS WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. :3 ffsi-firfx {at Dated: May2'452019 wr/ GWEN Martgagor Dated: Mortgage: i. . STATE OF IOWA COUNIY OF A 551mg was acknowledged befogte Ema on A Q?iif if by Lil? In iwL??g ?3 .M kw?: . If; ?r5 f/a? v? AA MELESA Signature 0! {N?maly Pub! .10 ?i Wmission Numkaer 80.6325 My ?ammission Expires a; September 66 2020 ?l?he Iowa State Bar Association 2015 9 Form No. 127?, Real Esmte I iowaDncs?E' Rwism January 2036