A B S T R A C T O F
T I T L E
T O
Lot Two (2), and the North Ten (10) feet of -·Lot
Three (3). Lincoln Terrace Addition to the City
of Fairfield, Jefferson County, Iowa.
***************************
United States, 1- to - Benj. F. Tillotson. |
Original Entry. Dated February 9, 1843 Enters: The Northeast quarter of Section 26, Township 72, Range 10, containing 160 acres. |
United States, |
Patent. Dated January l, IBQ6. Filed April 18, 1902. Recorded in Bock "55“, page 72. Conveys: The Northeast quarter of Section 26, Township T2, Range l0, containing 160 acres, . more or less, in the District of Lands subject to sale at Fairfield, Iowa,Territory. |
Benjamin F. Tillotson and Deed.
wife, Hannah, Dated February 2, 1844.
Filed August 10, 18}+}.;.
3- to Recorded in Book "B", page MST,
Conveys:
Stephen Bonne. The North half of the
Northeast quarter of Section 26,
Township Y2, Range 10, contain- I
ing Bo acres, more or less.
W. H. Coop,
M- to Affidavit to Perfect Title.
Dated February 3, 1913.
The Public. ` Filed February B, 1913,
Recorded in Book "1”, page 39h.
Recites:
"W. H. Coop on oath says: -
I am 76 years of age, that I have
been a resident of Jefferson
_ County, Iowa, all my life. I
further say that I wa» well ac-
quainted with Benjamin Franklin ‘
Tillotson who was the owner of certain lands in Jefferson County, Iowa, I
whose name appears upon the records of said county in connection with
chain of title to said lands as Benjamin Franklin Tillotson, Benjamin §
F. Tillotson, Benj. F. Tillotson and B. F. Tillotson, and that said I
names all refer to one and the same person, to wit: Said Benjamin *
Franklin Tillotson. (verified) .
Stephen Bonnell and wife, Warranty Deed.
Hariet, - Dated June 3, 18h?.
Filed October 13, 18h?.
5- to Recorded in Book "E", page 130. ‘
Conveys: ·
Moses J. Post, The North half of the
‘ Northeast quarter of Section 26,
Township 72, Range l0,—eontain1ng
. BO acres, more or less, Jefferson
County, Iowa.
g Moses J. Post and Mortgage. —
wife, Emily, Dated June 3, 18h?. ,_
Filed June , 18h?.
6· to Recorded in Book "D", page hoo.
_ Conveys: -
g Stephen Bonnell. The North half of the
i Northeast quarter of Section 26,
Township 72, Range 10, containing
80 acres, more or less, etc.
Given to secure the pay-
- ment of five promissory notes of
- $200.00 each.
Stephen Bonnell, Petition to Foreclose Mort-
gage.
7- vs. Filed July 5, 18h9.
_ Found in Box Th of District
i Mary E. Post, Court Papers.
Major Post, Recites:
I Melissa Post, "That on the 3rd day of
_ Orange Post, June, l8h?, one Moses J.
5 Moses Post, Post and wife, Emily Post, by
’ Emily Post, widow, deed of conveyance conveyed
, Israel C. Curtis, Adminis- to your orator the North half
trator of Moses J. Post of the Northeast quarter of
- Estate. Section 26, Township 72, Range
i 10, containing 80 acres, more
or less, in Jefferson County,
Iowa, which said deed was con-
ditioned as fellows, to-wit:
“That whereas said Moses
i J. Post hath this day executed to said Stephen Bonnell his prom-
2 iseory note of even date herewith for the payment of the following
sums of money at the time following, to-wit: $200.00 on or be-
fore the lst da of January, l8h9, with interest from the lst day
of July, 18hT; g200.00 on or before the lst day of January,
1850, with interest from the lst dag of July, 18h7; $200.00 on
or before the lst day of January, 1 51, with interest from the lst day
of July, 18hT; $200.00 on or before the lst day of January, 1852, with
interest from the lst day of July, 18hT; $200.00 on or before the lst
§ day of January, 1853, with interest from the lst day of July, 18hT;
and now if said Stephen Bonnell or his heirs or assigns shall be paid the
above sums of money when due, then these presents to be void otherwise to
remain in full force.
The mortgage is filed and presented with this bill marked
T- exhibit_”A' and recorded in Book page .
Cont Your orator would further state that after the giving of·said
mortgage and before the day of payment of the first of said several
sums of money ----- the said Moses J. Post died leaving as his legal `
heirs five children whose names are Mary E. Post, Major Post, Melissa
Post, Orange Post and Moses Post, that subsequent to the death of said
Moses J. Post, Letters of administration have been issued out from the
probate court of Marion County in said state by Israel C. Curtis.`“§bur
orator avers that first installment of money, to-wit: The sum of $200.00
with interest from the lst day of July, lBh?, became due and payable _
on the lst day of January lBh9, but avers that neither the said Moses
J. Post in his lifetime nor his administrators since his dechase have
paid your orator the said sum of money or any part thereof but that the
same remains due and unpaid.
Your orator therefore being without remedy at law seeks
? relief in chancery and prays your honor to grant unto him your
- writ of subpoena directed to the said Emily Post, widow of said· ¢~
Moses J. Post, and the said Israel C. Curtis as administrator as aforesaid
of Moses J. Post deceased, requiring them to answer the allegations of
this bill; that the said Mary E. Post, Major Post, Melissa Post, Orange
Post and Moses Post who are minor children of said Moses J. Post may also
be summoned to answer this complaint, and that upon a service being had
upon said minor heirs your Honor would appoint a guardian ad litem for
said minor children to make answer for them and in their name, and that
upon final hearing an account may be taken of the amount now due upon
said mortgage, and the amounts still remaining to become due, and
that you Honor decree that said premises be sold, discharged of the
lien of future installments, and divested of the dower interest of
said Emily Post, widow as aforesaid, and that the proceeds of such
sale be applied to the payment of the whole amount of the mortgage
lien, and that theequity of redemption in said premises be forever
foreclosed or should your Honor deem it more conclusive to the interest
of the parties of this complaint and in conformity with chancery usage,
_ - your orator would pray that your Honor would decree the sale of so
' much of the said premises as may be necessary to pay off the amounts
then due your orator with interest and costs and that decree of this
F court may stand as security for the payments of the amounts not yet due
E; with leave to premises when said remaining sums fall due, and that the
f dower interest in said premises be divested and the equity of redemption
forever foreclosed and that your Honor grant such other and further
relief as equity can give."
` Stephen Bonnell, Original Notice.
Recites:
· B- vs. "To the Sheriff of Marian
· County, Greeting:
Mary E. Post, Major Post, Sum on Emily Post
Melissa Post, Orange Post, and Israel C. Curtis, as
- Moses Post, Emily Post, Administrator of Moses J. Post,
widow, and Israel C. Curtis, deceased, and Mary E. Post,
Admr. of Moses J. Post, dec'd. Major Post, Melissa Post, Orange
Post and Moses Post, to appear
in the District Court at the
court house in Jefferson County
I on the first day of the next term, to—wit: on the 15th day of October,
l8h9, to answer the Bill in Chancery this day filed by Stephen Bcnnell
and have you then there this writ. Dated July 5, lBh9, John W.
Culbertson, Clerk.
. I return the within sum on service on the within named persons
* as follows: by reading to Emily Post, Mary E. Post, Major Post,
’ Melissa Post, Orange Post and Moses Post. Served on the within named
Israel Curtis by copy this 20th day of July, lBh8. George G. Haspy by
Isaac H. Watters, Deputy."
Stephen Bonnell, Appointment of Guardian ad
- litem.
c- ve, ruse october 15, 181,9.
Recorded in Bock "A“, of —
Emily Post, District Court Records, at
Mary E. Post, page 2h6.
Mayor Post, Hecitest
Melissa Post, "On motion of plain- _
Orange Post, tiff Charles Nsgus was appointed
Moses Post, by the court guardian ad litem
Israel C. Curtis, Admin- for Mary E. Post, Major Post,
istrator of the estate of Melissa Post, Orange Post and
Moses J. Post, dec'd, Moses Post, deceased, and rule
to complete answer or demurrer
by Thirsday morning next.”
District Court Journal "A", page 25h and under date of
October 17, lBh9, shows the follows: ”And now comes the plain- _
tiff and files demand bill and the defendant rule to answer by °`
Thursday morning next."
Stephen Bonnell, Decree.
Dated October 2h, 1Bh9.
10- vs. Recorded in District Court
Record "A", page 276. .
Emily Post, Recites:
Mary E. Post, "This cause came on
Majdr Post, to be heard at the October
Melissa Post, Term, 1Bh9, upon the bill of
Orange Post, complaint, and the defendants
Moses Post, Emily Post and Israel C.
Israel C. Curtis, Admin- Curtis and also Charles Negus,
istrator of the estate guardian ad litem for and on
`of Moses J. Post, dec'd. behalf of the remaining de-
fendants who are infants,
confess that the said bill is
true; and by the mutual con-
sent and agreement of all
parties of this suit, it is
decreed by the court that the equity of redemption in the mortgaged prem-
. ises mentioned in the bill be and the same is forever foreclosed. And
the defendants and all persons claiming under them, or any of them,
be forever barred and precluded from claiming any right of redemption
or other interest in said premises which are known and described as
the North half of the Northeast quarter of Section 26, Township 72, Range
lO, Jefferson County, Iowa, containing Bo acres, more or less ·—--- and
that the entire estate is absolute fee simple free from dower or other
incumbrance whatever, be and the same is decreed to and declared to
be indefeasibly vested in the said Stephen Bonnell, his heirs and
assigns, subject only to the lease now existing from the administrator,
of the said Moses J. Post to one Benoni Taylor -·—-- And it is further
decreed that the entire mortgage debt, being One Thousand Dollars,
principal in five several promissory notes of the said Moses J. Post
for Two Hundred Dollars each, with all interest thereon due or to become
due, is wholly canceled, satisfied and discharged in consideration of
said release of the said equity of redemption. and the said notes
are hereby made void and canceled."
Note: The above decree is also found recorded in Book "G", page 226
in the office of the Recorder of Jefferson County, Iowa.
Stephen Eonnell and Warranty Deed.
·wife, Sarah, Dated March 2, 185g. `
Fiiee october 6, 1 56.
ll- to Recorded in Book ”N", page hh?.
Conveys:
Betsey Netting. The North half of the
Northeast quarter of Section 26,
Township 72, Range 10, contain-
ing 80 acres, in Jefferson
County, Iowa. _
Betsey Notting, Deed.
Dated March 6, 1855,
12- to F11ee October 6, 1856.
Recorded in Book "N", page AMB.
Robert L. Kelley, Conveys:
Joseph Kelley, The North half of the
John P. Kelley, Northeast quarter of Section 26,
Aaron G. Kelley. Township 72, Range 10, containing
Elizabeth Kelley, 80 acres, Jefferson County, Iowa. _
Catharine J. Kelley, of Q
the county of Lee,
and state of Iowa. `
' Catharine J. Kelly, Quit Claim Deed.
` Dated March 2, 1860.
13- to Filed March 10, 1860.
- Recorded in Book “S”, page MOC.
Robert L. Kelly, Conveys:
John P. Kelly, All right, title and
Aaron P. Kelly. interest in and to the North
half of the Northeast quarter of
Section 26, Township T2, Range
l0, containing 80 acres, Jef-
ferson County, Iowa.
Stephen H. Nutting and Warranty Deed.
wife, Betsey, Dated April 18, 186h.
; sxiee April 19, 186%.
Q ln- to Recorded in Book “2 , at
Q page 2h6.
` Robert L. Kelly and Conveys:
Aaron G. Kelly. The North half of the
Northeast quarter of Section
26, Townshig 72, Range l0,
containing 0 acres, Jefferson
County, Iowa.
Robert L. Kelly and Warranty Deed.
Aaron G. Kelly, Dated April 19, 186h.
Filed April 19, 186h.
15- to Recorded in Book “2“, page 2h?.
Conveys:
Robert C. Brown. The North half of the ¤
Northeast quarter of Section
26, Township 72, Range l0, con-
taining Bo acres, and other
lands, Jefferson County, Iowa.
Deed recites:
"Robert L. Kelly and
Aaron G. Kelly, heirs at law of Joseph Kelly, John P. Kelly, Elizabeth
Kelly and Catharine J. Kelly."
Elizabeth Hammond, Affidavit to Perfect Title.
Dated March 3, 1903.
16- to Filed March 3, 1903.
Recorded in Book "SE", page 255.
The Public. Recites:
"Elizabeth Hammond of
Jefferson County, Iowa, does on
oath say: That I am married,
my maiden name was Elizabeth
Netting, and that I am a daughter of Stephen H. Nutting and Betsey I
Netting, that at the time my mother Betsey Netting executed a certain
warranty deed to Robert L. Kelly, Joseph Kelly, John P. Kelly Eliza-
beth Kelly, Aaron Kelly and Catherine Kelly, dated March 6, 1856.
recorded October 6, 1856 in Book “N", at page hh8, of the records
in the office of said county, conveying part of the Northeast quarter
of the Northeast quarter of Section 26, Township 72, Range 10, her husband
Stephen H. Nutting was living, that my mother Betsey Nutting was com-
petent at that time to make a deed and that she died March 20, 1887, and _
that her husband, Stephen H. Nutting died on March 16, 1882. E
I further state on my oath that I was personally acquainted
with Catherine Kelly of Jefferson County, Iowa, that at the time she made
a quit claim deed to her brothers Robert L. Kelly, John P. Kelly and
Aaron G. Kelly of the above described land, dated March 2, 1860, recorded
March l0, 1860, in Book "S", page LOU, of the recorder's office of said
county, she was unmarried.
I further state on oath that I was personally acquainted with
Robert L. Kelly, Aaron G. Kelly, Joseph Kelly and John P. Kelly, all of
Jefferson County, Iowa, that at the time said Robert L. Kelly and Aaron
G. Kelly heirs at law of Joseph Kelly, John P. Kelly, Elizabeth Kelly,
and Catherine Kelly, executed to Robert C. Brown a certain warranty :
deed for the above described lands, said deed being dated April 19, E
186h, and recorded April 19, l86h, in Bock "Z", page 2hT, in the recor-
der's office of said county, both the said Robert L. Kelly and Aaron G.
- Kelly were single and competent to make a deed, that they were the only
heirs at law of their brothers Joseph Kelly, John P. Kelly and their,
sister Elisabeth Kelly, the said Joseph Kelly, John P. Kelly and
Elizabeth Kelly at this time all being dead and having died without `
ever been married. (verified)
Robert C. Brown and Warranty Deed.
wife, Ann, Dated October 31, 1866. ‘
Filed November ZIJ4., 1866. . ’
17- to Recorded in Book “6", page 53.
Gonveys:
Joseph Ball. 25 acres off of the r
East end of the North half of
the Northeast quarter of Section
26, Township 72, Range 10, West,
in Jefferson County, Iowa, said
25 acres being divided from the
remainder of said quarter section by a line equal in length and parallel
with the East line of said quarter section.
Joseph Ball and Warranty Deed. . `
Margaret Ball, Dated June 18, 1870.
Filed March h, 1871. -
18- to Recorded in Book 11, page 5hO.
Ccnveys:
A. Scott Jordan, Commencing at the South-
east corner of the Northeast
quarter of the Northeast quarter
‘ of Section 26, Township 72, Range
10, West, and running thence
North h8 rods, thence West 23 and 1/3 rods, thence South h8 rods, _
thence East to the place of beginning, containing 7 acres.
Arthur S. Jordan and Warranty Deed.
wife, Ada M., Dated August 17, 1876.
Filed September h, 1876. `
19- to Recorded in Book "20", page 133.
Conveye:
Maria W. Jordan. 83 and 1/3 feet off of
the North side of the following
described real estate to-wit:
Com encing at the Southeast corner
of the Northeast quarter of
the Northeast quarter of Sec. 26, Township 72, Range 10, thence running
North h8 rods, thence West 23 and 1/3 rods, thence South h8 rods,
thence East to place of beginning.
blank
Centennial Addition Plat and Field Notes. E
Dated September 2O 1878.
21- to Filed October M, 1878.
Recorded in Book 22, page M.
Fairfield, Iowa. Recites: 1
Field Notes of the Survey
of the extended limits of the
City of Fairfield, Jefferson Co.
`Iowa, and the lands embraced
therein.
by Charles J. Reed.
County Surveyor
Survey commenced February 27th, 1878.
In compliance with instructions from J. W. Quillen, George
Craine and James F. Crawford, they being committee appointed by the
City Council of Fairfield to procure the survey of the above described
lands and lines. -I proceed to the N E corner of Section 25, Township 72,
North Range 10 West, which I find standing and agreeing with the de-
scription thereof in the records of the County Surveyors Office viz: A
granite boulder from which a Black Oak lO inches in diam bears North 9°
West 7% lks distant.
I then administer the following oath to the chainmen. “You
and each of you do solemnly swear that you will as chainmen measure cor-
rectly the lines and lands now about to be surveyed to the best of your
skill and ability, so help you God."
Their signatures are) W. K. Alexander
hereunto attached. ) Wick M. Clark
Previous to entering on the work the chain was carefully com- _
pared and adjusted to the U. S. Standard and can be relied upon as cor- *
rect;
Outer Boundary Lines.
From the corner above described I run South 88° M?' West, us-
ing a Burts improved Solar Compass, and at 80.73 chains I intersect the
corner to Sections 23, 2M, 25, 26 which I find standing and agrees with
the records in County Surveyors office, viz: a White Elm 2 inches in
diam. bears South 28 West 75% lks distant. Stakes are set on this line
every 5.0M—9/16 chain=.
From the corner to Sections 23, 2M, 25 and 26 I run a due
West course and not being able to find any corner or evidence of one I
continue the line two miles West and at 160.91 chain= I fall 56 lks
North of the point for corner to sections 21, 22, 27 and 28 which I am
able to identify by the bearing trees described in the original field
notes. Now I have an excess of 1lM lks on these two miles which I divide
and give to each line 57 lks the length of the North bounds of section
26 as given by the original field notes is 80.15 chains andr80.l5 + .57
=80.T2 which is the length of line by my measurement from NE corner of
Section 26 to NW corner of same section. The falling on my line was 56
lks North of the section corner for the two mile line, this leaves my _
line at the { section corner on North bdry, of section 26, lM lks North
of the point for i section corner, hence I set the { section corner on
the North line of section 26, lh links South of my due West line, the
corrected line to the { section corner of North boundary of section 26,
which is also the North West corner of extended limits is therefore
South 899 5h* West h0.36 chains. Stakes are set on this line every 5.0h
chains, from the NW corner of extended limit a Maple-- inches in diameter
2].* bG8.I°B •
Cont. From the { section corner on the North line of Section 26 I
run South 30* East and at 80.h8 chains I intersect the { sec corner on
the South boundary of same section. Stakes are set on this line every
5.03 chains. From the { sec corner on the South boundary of Section 26
I run South 20* East and at hO.hO chains, I intersect the corner for
centre of section 35 which I find standing and agrees with the records
in the County Surveyors office viz: a stone from which a Burr Gah stump
18 inches in diameter bears S 850 E 88 lks dist and a Burr Oak 18 in
dia. bears S h0° W 1.30. Note. I find a Burr Oak 10 inches in dia.
has grown up where this corner is and the stone sets between its roots.
Stakes are set on this line every 5.05 chains.
From the corner for centre of section 35, I run North 89° 36'
East and at h0.33 chains I intersect the { section corner on the East
boundary of section 35. which I find standing but without a record.
Stakes are set on this line every 5.0h-1/8 che. -
From the { section corner on the East boundary of section 35.
I run North 89° 33* East and at 80.55 chains I intersect the { section
corner on the East line of section 36 which I identify by the stumps of
the original beaging trees, viz: Burr Oak 22 in. N. T7° W 30 lks. Burr
0ak61O in. S. 61 W lhh lks. Stakes are set on this line every 5.03 — Q
7 1 chs. ` I
From the { section corner on the E. boundary of section 36 I
run North 19' West and at hO.h0 chains I intersect the corner to sections
25, 30, 31, and 36 which I find standing with very slight evidence in
the original notes to verify its position. it has long set where it is
however and testimony of witnesses sustain it. Stakes are set on this
line every 5.05 chs. From the corner to sections 25, 30, 31 and 36 I
run North 13* West and at h0.h8 chains I intersect the { sec. corner on
the East boundary of sec. 25, which I identify by the original bearing
trees, viz: a White Oak 22 in. S. 5?° W. 55 lks and a white oak 16 in. N.
?6° W. 39 lks. from { sec cor I run N. 27' W. and at hO.6h che. intersect
NE cor of sec 25. Stakes are set on South { mile every 5.06 che. and on
North { mile every 5.08 chains.
Boundary lines of Fairfield previous to extension.
From the NE corner of the Railroad Addition to the City of
Fairfield (which is the NE cor of the ess of the NE{ Sec 25, Township 72
North Range 10 Host) I run West 27.50 chains thence South 10.63-7/ll chs.
thence North sq West 12.59-1/g che. thence South 10.9h chains, thence
East 21.25 che. thence South 1 .98 chains, thence West 12.16 chs. thence
_ South 20.0h che. thence East 11.11 che. thence South 20.1h che. thence
I East 20.16 che. thence North 15.06 che. thence E. 35.21 che. thence
; North 5.0h che. thence E. 5.03 che. thence North h3.22 che. thence S.
I 83° 55‘ E. 10.08 chs. thence North 2.h8{ chs. thence East 10.122 chs.
Q thence North 16.10 che. thence East 20.13 che. thence South O.h3{ che.
thence West 17.22 Ehs. thence North 9.952 chs, thence west 22.97 chs.
thence South 10.07 chains where I close on the N. E. corner of the Rail-
road Addition to the City of Fairfield.
21- Field Notes of Subdivision lines of Sections.
Cont.
From the N.E. corner of Section 26, Tp. 72N. R. 10 W. I run
South 0.20' E. and at 10.072 chains I intersect the N. W. corner of Oak-
land Addition to the City of Fairfield and close my line thereon.
From the South west corner of NW% of Section 36 Tp 72 N. Eange
10 West I run North 09 20' West and at 20.08 chs I intersect the S E
corner of the NE§ of NE% seo 35 tp 72N R 10 N. [which is also the South
East corner of South Western Addition to City of Fairfield) and close
my line thereon.
From the corner previously established for center of section
25 I run N 899 13' E and at uo.5o chains I intersect and close on the i
sec corner on the East line of sec. 25.
From the corner set for centre of section 25 I run South 00
16* E and at hO.18 chs. I intersect the { section corner on the South
boundary of section 25, and continue on South and at h0.32 che I inter-
sect the corner established for center of sec 36. Note: (from the cen-
tre of section 25 North to the % sec cor on North line of same section
the length of line is hO.58 chs From the § sec cor on South bdry sec-
tion 25 I run N 899 37' E. and at h0.2h chs I intersect the S E corner
of section 25. `
From the S.W. corner of the Nwi of the NE% section 35 I run
East agd at hO.32 chs I intersect the S E corner of the NE§ of NE§ sec—
tion 3 .
From the last mentioned corner I continue on Easterly and st
80.5u che I intersect the S E corner of NE} of NE§ sec. 36.
From the NW corner of NE% of NE} seo. 25 I run S. 30' E. and
at hO.69 chs. I intersect SW corner of SE} of NE; sec 25 and continue i
on South and h0.26 chs from last mentioned corner I intersect the S.W.
corner of SE} of SE% sec. 25.
From the last mentioned corner I continue on South and at
h0.32 chs I intersect the S.W. corner of the SE% of NE% of section 36.
From the N.W. corner of the NE} of NW% section 36 I run South
agd at MO.22 che. I intersect the S.W. corner of the SE§ of Nwi of sec.
3 0
From the N.W. corner of the NE% of NEQ of section 35 I run
South and et h0.28 chs. I intersect the S. W. corner of SEi NE§ sec. 35.
From the S. E. corner of the NE% of NE% section 26 I run West- ,
erly and at h0.h2 che. I intersect the SN corner of Nwi of NE% sec. 26. E
From the N.N. corner of sws of SE} of section 25 I run N. 899 E
20' E. and at 20.00 chs. I intersect the N. W. corner of the SE% of SE§
sec. 25. I continue on and at 20.18 chs. from last mentioned corner I
intersect the N. E. corner of the SE 1/4 of SE 1/4 sec. 25.
Block 19 A. B. Jordan
Begin at the North East corner of Block No. 19 and run thence South 10.81
chains, thence West 5.88 chains, thence North 10.81 chains, thence East
5.88 chains to place of beginning, containing 6.35 acres. “ .
21-
CO1'1t •
I hereby certify that the foregoing field notes of the Survey
of the Centennial Addition to the City of Fairfield Iowa correctly rep-
resent the survey as made by me, that the survey has been made as the
law directs and that the accompanying plat of the same is in strict
conformity with the field notes thereof.
Charles J. Reed
\ County Surveyor
` Jefferson County, Iowa
"Resolved by the City Council of the City of Fairfield, that
the survey Plat &,field notes of the Centennial Addition to the said
City as presented by Chas. J. Reed County Surveyor be accepted and that
the same be recorded in the office of the Recorder of Deeds of said
County of Jefferson."
I hereby certify that the foregoing Resolution was adopted
by the City Council of the City of Fairfield at a regular meeting held
at the Council room in said City September 20" 1878
. U. A. Frush
(L.S.) City Clerk
A. Scott Jordan and Warranty Deed,
wife, Ada M. Dated February 1, 1909.
Filed February 1, 1909
22- to Recorded in Book 63, page 230.
Conveys:
Elizabeth A. Buchanan. Block 19 of the Centennial
r Addition to the City of Fair- ·
field, Iowa, according to the ;
recorded plat thereof, excepting \
therefrom the South 373 feet of ,
said Block 19, which heretofore grantors herein conveyed to the Inde-
pendent School District of Fairfield, Iowa, by their Warranty Deed dated
April h, 1905, filed August 9, 1906, in Book 58, page 326, in Recorder's
Office of Jefferson County, Iowa. ‘
Elizabeth Buchanan Mortgage.
Dated September 29, 1915.
23- to Filed September 29, 1915.
Recorded in Mortgage Recomd
A. G. Jordan 37, page 625.
Conveys:
All of Block 19, in the
Centennial Addition to the City
of Fairfield, Iowa, except that
part of said Block 19 hereto-
fore conveyed to the Independent School District of Fairfield, Iowa
and never used and occupied by said District for school purposes.
Given to secure the payment of a certain promissory note
of even date for $500.00 at 6% interest, due on September 1, 1916.
In the margin of the record of the above mortgage appears
the following entry:
"For value received I hereby release the within mortgage and
the note secured thereby this 18th day of October, 1916.
Signed A. G, Jordan ’
witnessed by V. S. Samuelson
Recorder" `
Elizabeth A. Buchanan and Warranty Deed.
husband, C. M. Buchanan Dated October ll, 1916.
Filed October 18, 1916.
ZH- to Recorded in Deed Record
TM. ease 63.
A, C. Hendrickson, Conveys:
Block 19, Centennial
Addition to the City of Fairfield, ‘
Iowa, according to the recorded
I plat thereof except therefrom
the South 373 feet of said Block 19, which was heretofore conveyed by
A. Scott Jordan and wife, Ada M. Jordan, to the Independent School
District of the City of Fairfield, by their warranty Deed, which
said deed was duly recorded on August 9, 1906, in Book 58, page 326, in
the Recorder's office of Jefferson County, Iowa.
Charles S. Walker and Warranty Deed.
wife, M. Nellie Walker Dated October 12, 1916.
Filed October 13, 1916. _
25- to Recorded in Deed Record
YM. page 57.
A. C. Hendrickson. Conveys:
The South 22 feet of Block
18, of Centennial Addition to
the City of Fairfield, Iowa,
the said above tract being MOTB E
particularly described as follows: ’
Cemmencing at a point 708.8 feet North of the Southeast corner of the
Northeast quarter of the Northeast quarter of Section 26, Township 72,
Range 10, for a point of beginning, thence North on the East section _
line 22 feet to an iron pin, thence West 385 feet to an iron pin,
thence south 22 feet to an iron pin, thence East 385 feet to the place
of beginning, to be used for street purposes.
blank
LINCOLN TERRACE ADDITION TO FAIRFIELD
A. C. Hendrickson and wife, Lincoln Terrace Addition to
’ Edith E. Hendrickson the City of Fairfield, Iowa.
Filed October 20, 1916. “
27- to glat recorded in Book Th, page
70 I
The Public. Field Notes recorded in Book
Recites:
Be it known that we the
undersigned, A. C. Hendrickson
and Edith E. Hendrickson, his wife, of the county of Ashland, and State
of Ohio, have caused this Plat and explanatory notes of Lincoln Terrace
Addition to the City of Fairfield, Jefferson County, Iowa, to be made
under our direction, and that this we have done as the owners and proprie-
tors of the following described land, situated in Jefferson County,
State of Iowa, towitz--
A part of the Northeast quarter of the Northeast quarter of
Section Twenty-six (26), Township No. Seventy-two (T2}: North of Range
Ten (10) West, and also known as a part of Block No. Nineteen (19),
and No. Eighteen (18), of the Centennial Addition to the City of Fair-
field, Iowa, and more particularly described as follows;-Com encing at
the Southeast corner of the Northeast quarter of the Northeast quarter
of Section Twenty-six (26), Township Seventy·two (72), Range Ten (10),
thence North on the east section line 396.h ft. for a point of be-
ginning and running from this point of beginning thence North on the
east section line a distance of 33h.3 ft to an iron pin, thence West
385 ft. to an iron pin, thence South on a line parallel with the east
section line for a distance of 33h.h ft. to an iron pin, thence East
385 ft. to the point of beginning.
The land comprising said Addition is more particularly and
fully set out and described in the Plat and certificate of the survey
of same, it being hereto attached and made a part hereof.
The above and foregoing subdivision and survey of said land
as appears in the annexed plat and explanatory notes, is with the free
consent and in accordance with the desire of the undersigned owners
and proprietors.
In Testimony whereof we have hereunto subscribed our names
this l6“ day of October, 1916.
witnesses:
Maurice V. Semple A. C. Hendrickson
L. M. Halbert. Edith E. Hendrickson
State of Ohio, Ashland County, se:
On this 16" day of October, 1916, before me personally
appeared A. C. Hendrickson and Edith E. Hendrickson his wife, to me
known to be the persons named in and who executed the foregoing in-
strument and acknowledged that they executed the same as their voluntary
act and deed
Maurice V. Sample
Notary Public in and for
(L.S.) said County.
Surveyor's Certificate.
Lincoln Terrace Addition to the City of Fairfield, Iowa.
This is to certify that I have surveyed for the owners thereof
a certain tract of land being a part of the Northeast quarter of the
28- Northeast quarter of Section Twenty—six (26), Township Seventy-two (72)
North of Range Ten (10) West, and also being known as a part of Block
#19 and Block #18 of the Centennial addition to the City of Fairfield,
Iowa; and being more particularly described as follows:-
Com encing at the southeast corner of the Northeast quarter
of the Northeast quarter of Section Twenty-six(26), Township Seventy-
two (72), Range Ten (10), thence North on the east section line 396.h
ft. for the point of beginning gnd running from this point of beginning
thence North on the east section line a distance of 33h.} ft. to an
iron pin, thence West 385 ft. to an iron pin, thence South on a line
parallel with the east section line for a distance of 33h.3 ft. to an
iron pin, thence East 385 ft. to the point of beginning. For street and
alleys purpose. Said above described tract has been subdivided as shown
on the attached plat and contains thirteen (13) lots. The sixe and
number of all these lots are plainly marked on the plat, also the width
of the streets and alleys. Said plat is a true copy of the field notes
of said survey. Iron pipe is driven at the corners of the lots.
1 16 Witness my hand at Fairfield, Iowa, this 20th day of October,
9 O
L. T. Chapuis
Surveyor
County Auditor'e Certificate
I, A. C. Turner, Auditor of Jefferson County, Iowa, hereby
certify that the lots comprising Lincoln Terrace Addition to the City
of Fairfield, Iowa, as shown by the attached plat and certificate, has
been listed in my office for taxation as provided by law.
1916 Witness my hand at Fairfield, Iowa, this 20 day of October,
A. C. Turner
(L.S.) - Auditor of Jefferson County, Iowa. *
County Treasurer's Certificate
I, George C. Woods, Treasurer of Jefferson County, Iowa, do
hereby certify that there are no tax liens against hast part of the
Northeast quarter of the Northeast quarter of Section Twenty·six (26),
Township Seventy—two (72), Range Ten (10), embraced within the follow-
ing boundaries;·
Commenoing at the southeast corner of the Northeast quarter of
the Northeast quarter of Section Twenty-six (26), Township Seventy-two
(72), Range Ten (10), thence North on the east section line 396.h ft.
for the point of beginning, and running from this point of beginning ;
thence North on the east section line a distance of 33h.3 ft. to an iron '
pin, thence west 385 ft. to an iron pin, thence South on a line parallel ¥
with the east section line for a distance of jjh.3 ft. to an iron pin, 1
thence East 385 ft. to the place of beginning. It being the land com- I
prising Lincoln Terrace Addition to the City of Fairfield, Iowa, as <
shown by the attached plat and certificate. I
1916 Witness my hand at Fairfield, Iowa, this 20 day of October, 1
Geo. C. Woods _
Treasurer of Jefferson County,
Iowa.
28- Recorder's Certificate.
Cont. I, V. S, Samuelson, County Recorder in and for Jefferson
County, Iowa, hereby certify that the title to the land comprising
Lincoln Terrace Addition to the City of Fairfield, Iowa, as shown
by the attached plat and certificate rests in fee simple in A. C.
Hendrickson, whose name is affixed to the foregoing dedication as
grantor, and that said land is free from and clear of mortgage lien of
any kind as shown after a careful examination of the records of my
office, and as further evidenced by the abstract of title attached to
said plat.
6 Witness my hand at Fairfield, Iowa, this 20th day of October,
191 .
V. S. Samuelson "
* County Recorder for Jefferson
I _Gounty, Iowa.
_ Certificate of Clerk of District Court.
I, Geo. M. Ball, Clerk of the District Court in and for Jeff-
erson County, Iowa, hereby certify that the land comprising Lincoln
Terrace Addition to the City of Fairfield, Iowa, as shown by the at-
tached plat and certificate is free and clear of all judgments, Attach-
ments, Mechanic's Liens, or liens of any other kind, as shown after a
careful examination of the records in my office.
Witness my hand and official seal at Fairfield, Iowa, this 20
day of Octoger, 1916. ·
Geo. M. Ball
Clerk District Court Jefferson
(L.S.) County, Iowa.
‘ City Counoil's Acceptance ·
we, D. F. Spratt, Mayor, and W. R. Heflin, City Clerk, of
the City of Fairfield, Iowa, hereby certify that the plat and addition
to be known as Lincoln Terrace Addition to the City of Fairfield, Iowa, Y
was accepted by the City Council of said City of Fairfield, Iowa, on
the 20 day of October, 1916, as required by law in the following
resolution: l
Whereas on this day A. C. Hendrickson presented to the Council
of the City of Fairfield, Iowa, in session duly assembled, the plat,
dedication, survey, and certificate as required by law for an addition
to said city, to be known as Lincoln Terrace Addition, and
whereas the same has been duly examined by the City Council
and found to be correct,
‘ Now Therefore Be It Resolved that said plat and addition, be-
ing known as Lincoln Terrace Addition to the City of Fairfield, Iowa T
be and the same is hereby accepted, and the Mayor and City Clerk are f
hereby authorized and directed to certify the same over the signature .
and under the seal of the City of Fairfield, Iowa. ’
Witness our hands and the seal of the City of Fairfield, Iowa, l
on this 20th day of October, 1916. €
D. F. Spratt, Marcy A
(Seal) W. R. Heflin, City Clerk {
A. G. Hendrickson and Warranty Deed.
Edith E. Hendrickson Dated October 21, 1916.
(husband and wife) Filed December 22, 1916.
Recorded in Deed Record e
29- to YH. Page 123.
Conveye:
. Chae. H. Gage. Lote No. 1, 2, 3, A and 5
in Lincoln Terrace Addition to
the City of Fairfield, Jeffer-
eon County, Iowa, according to
the recorded plat thereof.
Chae H. Gage and Florence Warranty Deed.
N. Gage, husband and wife Dated June 23, 1921.
Filed June 28, 1921
30- to Recorded in Deed Record
T9, page 205.
George T. Henk. Conveye:
Lots No. 1, 2, 3, and h
in Lincoln Terrace Addition
to the City of Fairfield,
Jefferson County, Iowa.
George T. Henk and Hua W. Warranty Deed
Henk, husband and wife Dated May 10, 1922
Filed May 16, 1922
31- to Book T9, page 353
Conveye:
Albert J. Swanson Lot No. Two (2) in Lincoln
Terrace Addition to the City
of Fairfield, Iowa, according
to the recorded plat thereof.
Duly acknowledged.
albert J. Swanson and wife, Warranty Deed
Fern C. Swanson Dated March 12, 1923
Filed March 15, 1923 ,
32- to Book B2, page 91 €
Conveys:
George T, Henk Lot No. 2 in Lincoln
Terrace Addition to the City
of Fairfield, Iowa with house
thereon.
George T. Henk and wife, Warranty Deed
Rua W. Henk Dated March 12, l92h
Filed March lh, 192h
33- to Book 82, page 292
Conveys:
E. B. Turner Lot 2 in Lincoln Terrace
Addition to City of Fairf eld,
Iowa with dwelling thereon.
Subject to a mortgage in favor
of J. M. Baldwin as recorded in
Book 37, page 2LC, which said
mortgage said granteeassumea and
agrees to pay as part of said purchase price. (The aforementioned
mortgage is released of record.)
George T. Henk and Rua W. Warranty Deed
Bonk, husband and wife Dated June l, 192h
Filed June 2h, 192h
3h- to Book B2, page 3h?
Conyeys:
Carl F. Meyer Lots 3 and h in Lincoln
Terrace Addition to the City
of Fairfield, Jefferson
County, Iowa.
Carl F. Meyer and wife warranty Deed
Clara M. Meyer Dated September 29, 192h
Filed October l, 192h
35- to Recorded in Book 82, page MCO
Conveys: ,
Albert J. Swanson Lot 3 in Lincoln Terrace
Addition to the City of
Fairfield, Jefferson County,
Iowa.
Albert J. Swanson and wife, Warranty Deed
Fern C. Swanson Dated June 21, 1927
Filed June 23, 1927
36- to Book B6, page 3hl
Convggs:
E. B. Turner e North 53 feet and 6
inches of Lot 3 of Lincoln
Terrace Addition to the City
· of Fairfield, Jefferson County,
Iowa.
E. B. Turner and wife, Warranty Deed
Gertrude Turner Dated June 3, 1930
Filed December 23, 1930
37- to Book 91, page 187
Gonveys:
winifred T. Bell Lot 2 and the North 10 feet
of Lot 3 of Lincoln Terrace
Addition to the City of _
Fairfield, Jefferson County,
Iowa.
This deed is executed in
lieu of e former deed from the same grantors to the same grantee con-
veying the same premises, which deed has been 1oet or misplaced and
now placed of record.
OMITTED MORTGAGES
Notice is hereby given that, pursuant to Section 6lh.21 of
the 1962 Code of Iowa and Section 1.9 of Iowa Land Title Exam-
ination Standards, there has been expressly omitted from this
Abstract of Title all mortgages and trust deeds, together with
38- all instruments or proceedings pertaining thereto which were
filed more than 20 years ago unless the records show that the
original debt, or said debt as extended by an extension agree-
ment of record has matured wholly or in part within the past—
ten years. All other mortgages and deeds of trust are shown.
D. W. Bates, Superintendent of Receiver's Deed
Banking of the State of Iowa, Dated November 2, l938 `
Receiver of Iowa Loan & Trust Filed November 15, 1938
Company, of Fairfield, Iowa Book 98, page 57
Recites: `
39- to whereas an application
having been made by the above
winifred T. Ball plaintiff to a Judge of the
District Court, and an order
having been issued on October
27, 1938, directing the
plaintiff, D. W. Bates, super·
intendent of Banking of State of Iowa, as Receiver of Iowa Loan & Trust
Company of Fairfield, Iowa. *
Now, therefore, D. W. Bates, Superintendent of Banking of State of
Iowa, being duly authorized Receiver of Iowa Loan & Trust Company,
conveys the following described real estate to Winifred,T. Ball.
Lot 2 and the North 10 feet of Lot 3 of Lincoln Terrace Addition
to the City of Fairfield, Iowa.
acknowledged by D. N. Bates, Superintendent of Banking, State of
Iowa on November 2nd, 1938 before Mary Flanagan, Notary Public in
and for Polk County, Iowa. (Seal.)
Court approval attached and signed by J. N. Calhoun, Clerk, dated
November lh., 1938.
Harry Mcwhirter, Administrator Petition in Equity "
de bonis non with will Annexed Filed November 9, 1939 —
of Estate of Marion Tracy, Recites:
deceased _ Plaintiff for cause of
Pl&lntiff— action states that as the duly
uc- vs appointed Administrator de
bonis non with will annexed
Ollie H. Tracy, in the Estate of Marion Tracy, -
· Harry I. Ball and _ deceased, that on or about the
Ninifred T. Ball- 20th day of September 1929, - .
Dafandants the defendants Harry I. Ball
. and wisirsee T. Ball did ex-
c_ - - ecute and deliver to Marion j
Tracy_their certain promissory a -
note in the sum of $17,000.00, due five years after date with in-
terest at 6%, payable to the order of Marion Tracy. "
That the said Marion Tracy died testate March 25, 1930 and that-
under the provisions of his will, Ollie H. Tracy was named Bxecu- ‘
. . trix. That the said Ollie M. Tracy qualified as Executrix but did
resign as set Executrix on November-3, 1939 and the said Harry
Mcwhirter became her successor.
That while Ollie M. Tracy was Executrix, it was learned that
_ the note above referred to was a lost instrument but that Harry
‘ I. Ball and Hinifred T. Ball did on the 9th day of May, 1930,
deliver to Ollie H. Tracy, Bxecutrix their certain promissory note
dated September 20, 1929 in the principal sum of $16,000.00,
payable to the order of Marion Tracy, five years after date, with
interest at 6% per annum. That said note was at all times in the
r care of Ollie M. Tracy.
That the said Harry I. Ball and Ninifred T. Ball did pay to
` Ollie M. Tracy certain funds which are unknown to the plaintiff.
h1* That the said Ollie M. Tracy, Harry I. Ball and Winifred T. Ball
` alone know such amounts and time of payment and refuse and decline E
. to negotiate with the plaintiff, and that an accounting is therefor i
necessary. ‘
Further that Ollie H, Tracy refuses to deliver said note to ·
this plaintiff, and plaintiff further alleges that said note is
lost and that it is necessary to bring this action in equity for
the establishment or reestablishment of said lost note and to
have an accounting made upon the same for the benefit of the trust.
2 Wherefore, the plaintiff prays judgment and decree and that
_ the Court decree as lost the said promissory note referred to
above and that said note be raestablished and that the Court
order, compell and direct the reexecution of the described note
formerly made by Harry I. Ball and Winifred T. Ball, and that an
. accounting be likewise compelled.
- Thome & Thome
Attorneys for Plaintiff
Verified by Harry McWhirter.
Harry Hcwhirter, administrator Original Notice -
of the Estate of Marion Tracy, Filed November 13, l939
deceased State of Iowa, Jefferson County,ss.
Plaintiff To Ollie M. Tracy, Harry I.
h2- vs Ball and winifred T. Ball:
Defendants: `
‘ Ollie M. Tracy, etal You are hereby notified that
Defendants there is now on file in the
office of the Clerk of the
District Court of Jefferson V
County, State of Iowa, the `
petition of Harry Mcwhirter, Administrator de bonis non with will
annexed of Estate of Marion Tracy, deceased, copy of which said
Petition is attached hereto and hereby expressly made a part hereof;
and which said Petition states all of the matters and facts alleged
and the prayer, relief, judgment and decree asked for.
Now, unless you appear thereto and defend on or before noon of
the second day of the November Term, A.D., l939, of said Court to
com ence and be held at Fairfield, Jefferson County, Iowa, on the
20th day of November, A.D., 1939, default will be entered against
you and judgment rendered thereon, and decree and orders entered ·
as prayed for.
Thome e Thoma
Attorneys for Plaintiff
RETURN OF SERVICE
_ STATE OF IOWA, Jefferson County, ss.
The within Notice came into my hands on the 9th day of November,
_ 1939 and I certify that I served the same on the defendants named r
below by reading the same to them and delivering to them a true
copy of the same at the time and place set opposite their names. E
Ollie M. Tracy, ll-9-39, Fairfield, Jefferson, Iowa
Winifred T. Ball, ll—9-39, Fairfield, Jefferson, Iowa.
Herbert F. Goodale,
Sheriff of Jefferson County,
Iowa.
RETURN OF SERVICE
_ L3. STATEOF IOWA, Jefferson County, ss.
The within Notice came into my hands on the 9th day of November,
1939 and on the 9th day of November, 1939, I served the same on
Harry I. Ball, by leaving a true copy thereof at the house of
Harry I. Ball, situated in the township of Fairfield, Jefferson
County, Iowa, the same being the usual place of residence of said
defendant, with Winifred T. Ball a member of said defendant*s
family, with whom he resides, and over lh years of age, the said
defendant not being found within the County.
‘ Herbert F. Goodale,
-Sheriff of Jefferson County,
Iowa.
Harry Hcwhirter, Administrator Judgment and Decree
of Estate of Marion Tracy, Dated Hay T, l9hO
deceased . Book A—h, Page 386
- Plaintiff Recites:
44- ‘vs. New on this Yth day of-May,
- 19hO, the above entitled matter
` Ollie M. Tracy, etal comes on for hearing, and the
Defendants Court further finds that Ollie
M. Tracy, Executrix of the
Estate of Marion Tracy did
negotiate with Harry I. Ball
and Winifred Tv Ball to make
a new note to take the place of a previous note made to Marion
Trac , -
Aid the Court further finds that on the 9th day of May, 1930, _
the said Harry I. Ball and Winifred T. Ball did execute and deliver ‘
a note to Ollie M. Tracy· Executrix, dated September 20, 1929,
in the principal sum of`tl6,000.00, and that said note was given
in lieu, place and stead of a previous note determined as lost,
and that there now remains due and unpaid of said promissory note,
the sum of $2h,905.55, and that said note is lost and should new
be reestablished as a lost note.
Wherefore, it is now ordered, adjudged and decreed that the
Court does now adjudge and decree as lost the promissory note
described above, and the Court does hereby establish and reestablish
the certain promissory note described above in the substantial
form and with the same liability in the makers.
That judgment is rendered and entered in favor of the plaintiff,
Harry Mcwhirter, administrator de bonis non with will annexed of
the estate of Marion Tracy, deceased, and against the defendants,
Harry I. Ball and winifred T. Ball, in the sum of $2h,905.55, and
for costs.
Elmer K. Daugherty, E
Judge
Harry Mcwhirter, Administrator Dictation to Sheriff
of the Estate of Marion Tracy, Dated May ll, 19LO
deceased Filed September 6, 19hO
Plaintiff e d e You will serve the writ
of General Execution upon the
ug- vs followin described real estate:
Lot Two $2) and the North Ten
Ollie M. Tracy, etal feet (10) of Lot Three (3} of
Defendants Lincoln Terrace Addition to the
City of Fairfield, Iowa.
{s) Thome & Thome
Attorney for Plaintiff
Harry Mcwnirter, Administrator Sheriff*s Levy
of the Estate of Marion Tracy, Filed September 6, 19uO .
desceased Recites:
Plaintiff e e r I hereby certify that
the annexed General Execution
H6- vs came into my hands the llth
day of May, 19HO, at 2:30*
Ollie M. Tracy, etal o'clock P.M., and by virtue
Defendants thereof on the l3th day of
May, 19nO, at 9:00 o*c1ock A.M.,
I levied on the following de-
scribed property as the property
of the defendant, to-wit:
Lot (2) two and une North Ten feet (10) of Lot Three (3) of
Lincoln Terrace Addition to the City of Fairfield, Iowa.
One Buick automobile — l9nO registration No. El-636 —
Touring Model 51-S #l36?6u6L Motor No. 53853u3? .
One Buick automobile registration No. 51-3318
Tourin Sedan Model 51 Factory 13738335
. actor 553920970.
Herbert F. Goodale, Sheriff
_ By Thomas Howell, Deputy.
Harry Howhirter, administrator Sheriff's Notice
of the Estate of Marion Tracy, Dated May 13, 19hO
deceased Filed September 6, 19nO
Plaintiff Recites: `
as as e NOTICE IS ITEPEBY GIVEN,
H?- vs That by virtue of a general
execution to me directed,
Ollie M. Tracy, etal issued out of the Glerk's
Defendants office of the District Court
of the State of Iowa in and for
Jefferson County, upon a judg-
ment rendered in said County
in favor of Harry Hcwhirter,
Administrator de bonis non with will annexed of Estate of Marion
_ Tracy, deceased and against Ollie M. Tracy, Harry I. Ball and
‘ Winifred T. Ball, I have levied upon the following described
property situated in Jefferson County, Iowa, as the property of
, the said Ollie H. Tracy, Harry I. Ball and Winifred T. Ball, to-wit:
L Lot (2) Two and the North Ten feet (IO) of Lot Three (3) of
; Lincoln Terrace addition to the City of Fairfield, Iowa,
. One Buick automobile - 19HO registration No. 51-636 Touring
Model 51-S #136'?6II6b, Motor No. 5’3853LI37.
One Buick Automobile registration No. 51-3318, Touring Sedan
2 Model 51 Fact. #13738335 Motor #53920970,
and the same is now under my control.
I Herbert F. Goodale, Sheriff
‘ of Jefferson County, Iowa.
- Thoma & Thoma, Attorney. By Thomas Howell, Deputy.
Sheriff's Return
- State of Iowa - _
SS
Jefferson County
. I, Herbert F. Goodale, Sheriff of Jefferson County, Iowa, do
hereby certify and return that I served the within notice ofalevy
on the 15th day of May, 19hO, on Harry I, Ball, in Fairfield
“ Township, Jefferson County, Iowa, by reading the same to himand _
. by delivering to him personally a true and correct copy thereof.
HB- I further certify and return that I served the same on Winifred ·
Q T. Ball on the l5th day of May, 19hO, by leaving a true and correct *
i copy thereof at the house and usual place of residence of the said
I winifred T. Ball, situated in Fairfield Township, Jefferson County, f
_ Iowa, with Harry I. Ball, a member of her family with whom she E
; resides and who is over fourteen years of age. The said Winifred ·
. T. Ball not being found within the County.
` ‘ Service $ .75 rl Herbert E. Goodale, Sheriff
5 Mileage .90 By Thomas Howell, Deputy ‘_
Q Total $ [.65-
Q Harry Hcwhirter, administrator Sheriff's Sale Notice
a of the Estate of Marion Tracy, Filed September 6, l9hO
i deceased State of Iowa, Jefferson County,
- Plaintiff ss.
* Notice is hereby given, That
?_ hg- vs on the 22nd day of June, A. D.
Q- 19uO, at 11:00 o'c1ock A.H.,
f Ollie H. Tracy, etal at the Court House, in the City
Q Defendants of Fairfield, and County afore-
”_ said, will be sold at Public E
H Auction, to the highest bidder,
S for cash, the following described
T Heal Estate, levied upon and
L taken by virtue of a General execution issued from the office of
, the Clerk of the District Court, within and for the County of
i Jefferson, State of Iowa, in favor of Harry Mcwhirter, Administrator
; De Bonis Non with Will annexed of Estate of Marion Tracy, deceased,
; and against the property of Olive Tracy, Harry I. Ball and
§ winifred T. Ball towit: ,
g Lot Two (2) and the North Ten feet (IO) of Lot Three (3} of
F Lincoln Terrace Addition to the City of Fairfield, Iowa, as the
2 property of Winifred T, Ball, or as much thereof as may be necessary
L to satisfy said writ of execution and all accruing costs.
i Herbert F. Goodale
_ Sheriff of Jefferson County, Iowa ‘
- By Thomas Howell, Deputy
§ Dated at the Sheriff*s Office, Fairfield, Iowa, May 23rd, 19uO.
Q Thome & Thome `
Q Plaintiff's Attorney
i Proof of Publication
; I, the publisher of the Fairfield Daily Ledger, being duly sworn,
F say that the Fairfield Daily Ledger is a daily newspaper of gen-
; eral circulation, printed in the County of Jefferson, State of
{ Iowa; and that the notice, of which a printed copy is hereto
; attached, was printed in said newspaper in its regular issues on ‘ E
? 5o' the following named dates: Hay 2u, 19hO Hay 31, 19uO j
, Walter E. Williams, Publisher `N
E FAIRFIELD DAILY LBDGER i
F Subscribed and sworn to by Walter E. Williams before Emma L. l
. Campbell, Notary Fublic in and for Jefferson County, Iowa, on
June 5th, 1940 (LS)
Sheriff's Return
State of Iowa SS _
Jefferson County
I, Herbert F, Goodale, Sheriff of Jefferson County, Iowa, do
hereby certify and return that I served the within notice of sale
on the 23rd day of Mag, 19LO, on Winifred T. Ball, in Fairfield
51- Township, Jefferson County, Iowa, by reading the same to her and
by delivering to her personally a true and correct copy thereof.
I further certify and return that I served the within notice
· of sale on Earry I. Ball on the 23rd day of Hay, LQLO, by leaving
a true and correct copy thereof at the house and usual place of `
residence of the said Harry I. Bail, situated in Fairfield Town-
ship, Jefferson County, Iowa, with Winifred T. Ball, a member of
his family with whom he resides and who is over fourteen years
of age. The said Harry I. Ball not being found within the County;
Service $ .75 Herbert F. Goodale, Sheriff
Posting .75 ‘
Total o . O By Thomas Howell, Deputy
Harry Mcwhirter, Administrator Sheriff*s Return of Sale
of the Estate of Marion Tracy, Filed September 6, 19hO
deceased Recitee:
Plaintiff e a e STATE OF Iowa, Jefferson
» County, ss.
52_ vs I, Herbert F. Goodale,
Sheriff of Jefferson County,
Ollie H. Tracy, etal Iowa, hereby certify and return
Defendants that I received the annexed I
execution on the 11th day of ,
May A.D. 19MO at 2:30 in the
afternoon; that by virtue
thereof, I did on the ljth day
of Hay A.D. 19hG, levy upon the property of the said Harry I.
Ball and winifred T. Ball defendants therein, described as follows,
to-wit:
Lot Two {2) and the North Ten feet (10) of Lot Three (3) of
Lincoln Terrace Addition to the City of Fairfield, Iowa.
And after making said levy I gave four weeke* notice of the time
and place of selling said property, by posting up printed notices
thereof in three public places within my county--—one of which-
wae at the place where the last District Court was held, and by
causing two publications of said notice to be made in the - — —
--—- a newspaper printed at Fairfield in said County of
Jefferson immediately before said sale.
That on the 23rd day of May 19hO, twenty days before said sale,
I served the said Harry I. Ball and Winifred T. Ball who were in
actual possession of said real property, with written notice,
stating that I had levied on said real property by virtue of this
execution, and mentioning the time and place of said sale, a copy
of which ie hereto attached, and marked "Exhibit A" and made a
part of this return.
I further certify and return, that in pursuance of said notice
I did on the 22nd day of June A.D. IQQO, at 1l:OO_o’clock A.M.
of said day, that being the time appointed for said sale, at the
Front door of the Court House, in Fairfield, Iowa, expose to sale
at public auction the property aforesaid to the highest andloeet
bidder for cash, and then and there offered said above described
real estate in the least legal subdivisions and received no bid
therefore, I then offered said property in a body and sold the
52- same to Harry Hcwhirter, Administrator de bonie non witn·w1l1
Cont'd Annexed of Estate of Marion Tracy, deceased, for the sum of --—
Twelve Hundred Fifty Dollars and no/100 -·-- DOLLARS, he being the
highest and beet bidder therefor, who then and there paid me
the sum of -— Twelve Hundred Fifty Dollars and no/100 -·—-———--—
DOLLARS, bid by him, whereupon I executed to the said -Hax•I•y "
Mcwhirter, Administrator of the estate of Marion Tracy, deceased,
a certificate of sale in due form of lew for the above described
real estate, and that I have said moneys now in court to render
unto the said Judgement Creditors as by this writ commanded. -
Herbert F. Goodale
Sheriff of Jeffereen County, Iowa.
By Thomas Howell, Deputy. ·
52- same to Harry Hewhirter, Administrator de bonis non with·Wi11
C¤t1t'd Annexed of Estate of Marion Tracy, deceased, for the sum of —-—
Twelve Hundred Fifty Dollars and no/100 --- DOLLARS, he being the
highest and best bidder therefor, who then and there paid me
the sum of -- Twelve Hundred Fifty Dollars and no/100 -——————--~
DOLLARS, bid by him, whereupon I executed to the said Barry' `
Mcwliirter, Admministrator of the estate of Marion Tracy, deceased,
a certificate of sale in due form of law for the above described
real estate, and that I have said moneys now in court to render
unto the said Judgement Creditors as by this writ commanded. ·
Herbert F. Goodale ¤
Sheriff of Jefferson County, Iowa.
By Thomas Howell, Deputy. ·
RETURN OF SERVICE--Personal
STATE OF IOWA, JEFFERSON COUNTY, ss.
The within Notice came into my hands on the 19th day of Mardh,
19hl and I certify that I served the same on the defendants named
55* below by reading the same to him and delivering to him a true copy
of the same at the time and place set opposite his name.
Harry I. Ball L-9-hl Fairfield Twp., Jefferson Co., Iowa.
Herbert F. Goodale
Sheriff of Jefferson County, Iowa
By Thomas Howell, Deputy
D. W. Bates, Superintendent Judgment Record
of Banking and Receiver, Book A-5, Page lh
Plaintiff Recites:
Now on this 28th day of April,
56* vs 19hl, the plaintiff appearing
by his attorneys, and the defen-
Harry I. Ball, dant not being present in Court,
Defendant the Court takes jurisdiction
and finds that the plaintiffs
petition is true and correct.
wherefore, it is ordered that
` judgment be and the same is
hereby rendered and entered
against the defendant, Harry I. Ball, in favor of D. W. Bates,
Superintendent of Banking of the State of Iowa and Receiver of the
Iowa Loan & Trust Company of Fairfield, Iowa, in the sum of $826.99
together with.interest.
Elmer K. Daugherty
Judge
Herbert F. Goodale, Sheriff Sher1ff's Deed
of Jefferson County, Iowa Dated July 12, 19hl “
Filed July lh, 19hl
57- to Book 98, page 217
Reoitee:
Harry Mcwhirter,_Admr., vs Whereas by virtue of a _
Harry I. Ball, and others Special execution directed to
Herbert F. Goodale, Sheriff
-of Jefferson County, Iowa,
dated May ll, 19hD and issue
out of the Clerk•s office in
and for Jefferson County, Iowa,
on May Y, l9hO in favor of Harry Mcwhirter, Admr. de bonis non with
the will annexed of the estate of Marion Tracy, deceased and against
Ollie M. Tracy, Harry I. Ball and Winifred T. Ball, for $1250.00,
The Sheriff did on May 13th, 19hO levy on said real estate and did
give h weeks* notice of the time and place of selling said real
estate.
And whereas an pursuance of said notice, did on the 22nd day of
June, l9h0 expose and sell at public auction to Harry Mcwhirter, Admr.
de bonis non with the will annexed of the estate of Marion Tracy,
deceased, the following described real estate:
Lot 2 and the North 10 feet of Lot 3 of Lincoln Terrace Addition
to the City of Fairfield, Iowa.
Internal Revenue Stamps in amount of $1.65 attached and cancelled. ;
acknowledged by Herbert F. Goodale, July 12, 19hl before W. S. *
Parkin, Clerk of District Court of Jefferson County, Iowa.
Nellie B. Hunt, Petition in Equity
Plaintiff Filed May 15, 19hl
Recites:
S8- vs a %·% Plaintiff for cause of
action states that on or about
winifred T. Ball, Harry I. November 15, 1938, the defendants,
Ball, and Harry Mcwhirter, Winifred T. Ball and Harry I. Ball,
Administrator de bonis non executed and delivered to the
with will annexed of the plaintiff their promissory note
estate of Marion Tracy, dated November 15, 1938, due
Deceased. November 12, l9h3, in the sum of
Defendants $5,000.00 with interest at 5%
from November 12, 1938 (a copy
of said note being attached to
the pleadings).
That to secure payment of said
note, the said Winifred T. Ball and Harry I. Ball on November 15,
1938 executed and delivered to plaintiff a real estate mortgage
on the following described real estate:
Lot 2 and the North 10 feet of Lot 3 of Lincoln Terrace Addition
to the City of Fairfield, Iowa.
That said mortgage is recorded in Book 61 at page 51 of the
mortgage records of said county.
That under the terms of said mortgage, the mortgagee shall pay
all taxes and assessments and shall not let the same become delin-
quent, and that there was lawfully levied against said premises
for the year 19hO, taxes in the sum of $91.16.
Plaintiff further states that upon the failure to pay interest —
or taxes within 30 days after they become due, then the whole E
indebtedness shall immediately become due and payable. .
Plaintiff further states that she has elected to declare the full
amount due under the terms of the note and mortgage with interest
in the sum of $5680.62.
This plaintiff further shows that the defendant, Harry Mcwhirter,
Administrator de bonis non with will annexed of the estate of Marion
Tracy, deceased, did on May 7, l9hO obtain a personal judgment
against Harry I. Ball and Winifred T. Ball and that on May ll, 19hO,
he caused to be issued out of the C1erk*s office in Jefferson =
County, an execution to satisfy said judgment, and that on May l3,
l9h0, the Sheriff levied upon said described real estate and
that under said levy said property was sold at Sheriff*s Sale to
Harry Mcwhirter, Administrator de bonis non with will annexed of
the estate of Marion Tracy, deceased, and that the same is shown
in execution docket No. L, page 1937, and that the said admini-
59- strator is claiming some interest and the said plaintiff asks that
a receiver be appointed.
wherefore, plaintiff prays judgment in personam against the
defendants Winifred T. Ball and Harry I. Ball for the sum above l
referred to and that likewise the mortgage be foreclosed and ‘
established upon the following described real estate:
Lot 2, and the North 10 feet of Lot 3 of Lincoln Terrace Addition
to the City of Fairfield, Iowa,
and that the claims and liens of all defendants be decreed to be »
junior and inferior, and that special execution issue for the sale '
of said premises and that a receiver be appointed.
Jones & white
Attorneys for Plaintiff
Verified by R. E. White.
Nellie B. Hunt, Original Notice
Plaintiff Filed May 20, 19hl
Recites: g
60- vs To: Winifred T. Ball, Harry I.
Ball, and Harry Mcwhirter, Admin-
winifred T. Ball, et al, istrator de bonis non with will
Defendants annexed, of the estate of Marion
Tracy, Deceased.
You and each of you are hereby
notified that there is now on file
in the office of the Clerk of the
District Court of Iowa, in and for
Jefferson County, the petition of the plaintiff claiming that on or
about the l5th day of November, 1938, the defendants, Winifred T.
Ball and Harry I, Ball, executed and delivered to this plaintiff their
one certain promissory note in the sum of $5000.00,with interest
thereon payable on or before the l2th.day of November, 19H3. and
that for the purpose of securing said note, they executed and de-
livered to the plaintiff a certain real estate mortgage upon the
following described premises, to-wit:
Lot 2, and the North Ten (10) feet of Lot 3 of Lincoln
Terrace Addition to the City of Fairfield, Iowa.
That said note and mortgage provide that if any interest was
not paid when due, or the taxes upon said real estate became de-
linquent, the plaintiff at her option could declare the principal
of said note due and payable, and that she has so elected to do.
You are further notified that the plaintiff is claiming a personal
judgment against the defendants, winifred T. Ball and Harry I. Ball, ·
in the sum of $5680.62, together with interest thereon at the rate I
of seven per cent from and after the 15th day of May, 19hO, and that E
said mortgage be foreclosed and a special execution issued for the
sale of said real estate or so much thereof as is necessary to
satisfy said note, interest, costs, and accruing costs.
You are further notified that said petition alleges that the
defendant, Harry Mcwhirter, Administrator de bonis non with will
annexed of the estate of Marion Tracy, Deceased, is claiming some
interest in and to said real estate but alleges that said interest
of the defendant is inferior and junior to that of the plaintiff, g
and that all the right, title and interest of said defendants and `
each of them, excepting only, the right to redeem as provided by
law, be cut off and held for naught, and forever barred.
Said petition further asks that a receiver be appointed to take
61- possession of said premises and collect the rents and profits there-
from, and for such other and further relief as the court may deem
equitable in the premises.
For further particulars you are referred to the petition now
on file.
And unless you appear thereto and defend on or before noon of
the second day of the next tent, being the June term of said Court, .
which will convene and be held in the Court House at Fairfield, i
Iowa, on the l6th day of June, 19Hl, default will be entered against Q
you and judgment rendered thereon.
Dated this 15 day of May, l9hl.
Jones & White
attorneys for Plaintiff
The undersigned, Winifred T. Ball and Harry I. Ball hereby
severally accept service of the above and foregoing notice, and
severally acknowledge receipt of a copy of the same, all done in
Jefferson County, Iowa, on this l?th day of May, 19nl.
Winifred T. Ball `
Harry I. Ball
Sheriff's Return
State of Iowa SS
Jefferson County _
I, Herbert F. Goodale, Sheriff of Jefferson County, Iowa, do
hereby certify and return that I received the within notice on_
the l5th day of May, 19hl, and that on the 15th day of May, 19Ll,
62- I served the same on Harry Mcwhirter, as administrator de bonie
non with will annexed of the Estate of Marion Tracy, deceased,
in Fairfield Township, Jefferson County, Iowa, by offering to
read the same to him, which ready he waived, and by delivering to
him personally a true and correct copy thereof.
Herbert F. Hoodale, Sheriff
Service $.50 By` Thomas Howell
Mileage .1; Deputy Sheriff `
Total . ~
Above fees paid 5-19-hl, by
R. E. Jones.
Herbert F. Goodale, Sheriff
By Thomas.Howell, Deputy Sheriff
Nellie B. Hunt, Stipulation
Plaintiff Filed June 2h, 19hl - -
Recites:
63_ vs § n % §gK on this tgt? dayfof g
une, l, the pe t on o the
Winifred T. Ball, et al, plaintiff upon application for
Defendants appointment of receiver and other
issues having been presented, it
is hereby agreed between all parties
that Ben H. Blakeley be and is
hereby designated agent for all
parties in this action
Jones & white Richard C. Leggett
Geo, Van Noetrand Attorney for Wlnifred T. Ball
Attorneys for NelliefB. Hunt, and Harry I, Ball, Defendants.
Plainti f
Thome & Thome
Attorneys for Harry Mcwhirter,
Administrator de bonis non with
Will Annexed of Estate of Marion
Tracy, deceased, Defendannt.
Nellie B. Hunt, Decree
Plaintiff Dated October l7,‘l9ul
Book A-5, Page 163
6u_ vs Recites:
s a a Now on this 17th day of
Winifred T. Ball, et al, October, 19hl, the above named
Defendants cause comes on for hearing on
the issues raised, and all
parties being represented in
court by their counsel except
winifred T. Ball and Harry I.
Ball, and notice having been served on the said Winifred T. Ball
and Harry I. Ball, and the acceptance of service being on file,
the Court does take jurisdiction and evidence having been introduced
to show the insolvency of Winifred T. Ball and Harry I. Ball and
the Court further finds that the allegations made by the plaintiff
are true. That the promissory note referred to in the petition
15 just, genuine, past due, and wholly unpaid and that the equities
are with the plaintiff. That the plaintiff is entitled to a
decree of foreclosure and the establishment of a lien in and to
said mortgaged premises.
It is therefore ordered, adjudged and decreed by the court
that judgment in personam against the defendants, Winifred T.
Ball and Harry I. Ball, and a £udgment in rem be and the same is
hereby entered for the sum of 5680.62, with interest and for
general taxes in the sum of $93.89 which are now due against said
premises, and for attorneys fees, and that said lien be adjudged
against the following described real estate: *
Lot two (2), and the North Ten (lO) feet of Lot
Three (3). Lincoln Terrace Addition to the City
of Fairfield, Iowa
and that all claims made against said property are junior, inferior
and subordinate to this lien, and that if said mortgaged premises
are not redeemed as required by law, a writ of possession shall
issue by the Clerk under the seal directed to the Sheriff of
Jefferson County, Iowa, commanding him to put the purchaser at
said sale in possession. 5
Dated October 2h, 19hl.
Edward L. Simmons
Judge
Neelie B. Hunt, Sheriff’s Levy -
_ Plaintiff Filed December 3, 19al
Recites:
65- vs e s a I hereby certify that the
annexed Special Execution came ,
Winifred T. Ball, et al, into my hands the 25th day of E
Defendants October, 19hl, at 9:00 o’clock A.M.,
and by virtue thereof on the 25th
day of October, 19hl, at 10:30
o*clock A.M., I levied on the
following described property as
the property of the said defendants, to—wit:
Lot two (2), and the North Ten (10} feet of Lot Three (3),
Lincoln Terrace Addition to the City of Fairfield, Iowa.
Herbert F. Goodale, Sheriff
By Thomas Howell, Deputy
Nellie B. Hunt, Sheriff's Notice
Plaintiff Dated October 25, 19hl
Filed December 3, 19ul ·
66- vs Recites:
e e e NOTICE IS HEREBY GIVEN,
Winifred T. Ball, et al, That by virtue of a Special·execu-
Defendants tion to me directed, issued out of
the Clerk's office of the District
Court of the State of Iowa in and
for Jefferson County, upon a
judgment rendered in said County
in favor of Nellie B. Hunt and against winifred T. Ball, Harry I.
Ball, and Harry Mcwhirter, Adrm. de bonis non with the will
annexed of the estate of Marion Tracy, deceased, I have levied
upon the following described property situated Jefferson County,
Iowa, as the property of the said Defendants to-wit:
Lot two (2), and the North Ten (10} feet of Lot Three (3),
Lincoln Terrace Addition the the City of Fairfield, Iowa.
and the same is now under my control.
Herbert F. Goodale -
? Sheriff of Jefferson County, Iowa.
George C. Van Nostrand By Thomas Howell
Attorney Deputy
Sheriff*s Return
State of Iowa SS
Jefferson County
I, Herbert F. Goodale, Sheriff of Jefferson County, Iowa, do _
hereby certify and return that I served the within notice of levy
on the 27th day of October, l9hl, on Harry Mcwhirter as Admini-
strator de bonis non with the will annexed of the estate of Marion
Tracy, deceased, in Fairfield Yownship, Jefferson County, Iowa,
by offering to read the same to him, which reading hewaived, and
by delivering to him personally a true and correct copy thereof.
57- I further certify and return that I served the same on Hinifred
T. Ball on the 29th day of October, 19hl, in Fairfield Township,
Jefferson County, Iowa, by reading the same to her and by deliv~
ering to her personally a true and correct copy thereof.
I further certify and return that I served the same on Harry I.
Ball on the 29th day of October, 19hl, in Fairfield Township,
Jefferson County, Iowa, by reading the same to him and by deliver-
ing to him personally a true and correct copy.
Service $ 1.00 Herbert F. Goodale, Sheriff
Mileage .30 By Thomas Hewell, Deputy Sheriff y
Total $ 1.30
Nellie B. Hunt, Shcriff’s Sale Notice, Proof 1
Plaintiff of Publication and Return ‘
Filed December 3, 19Hl
68. vs STATE OF IOWA, JEFFERSON COUNTY,ss.
NOTICE IS HEREBY GIVEN,
Winifred T. Ball, et al, That on the lst day of December, E
Defendants A.D. 19hl, at ll:00 o’clock A.M., E
at the Court House, in the City I
of Fairfield, and County aforesaid,
will be sold at Public Auction, _
to the highest bidder, for cash, Q
the following described Heal Estate, levied upon and taken by
virtue of a Special execution issued from the office of the Clerk
of the District Court, within and for the County of Jefferson,
State of Iowa, in favor of Nellie B. Hunt and against the property
of winfred T. Ball, Harry I. Ball, and Harry Mcwhirter, Admr. de
bonis_Hon with the will annexed of the estate of Marion Tracy,
deceased, towit: ` "
Lot two (2), and the North Ten (10) feet of Lot Three (3),
Lincoln Terrace Addition to the City of Fairfield, Iowa.
or as much thereof as may be necessary to satisfy said writ of
execution and all accruing costs.
Herbert F. Goodale, Sheriff of
Jefferson County, Iowa
By Thomas Howell, Deputy
Dated at the Sheriff's office,
Fairfield, Iowa, October 25th,
l9h1.
George C. Van Noetrand
Plaintiff's Attorney
State of Iowa, Jefferson County, ss.
I, A. Joe Kelly, publisher of THE BATAVIA NEWS, a weekly
newspaper of general circulation, printed in the County of
69- Jefferson, State of Iowa, do solemnly swear that the annexed
notice Sheriff Sale has been printed in said newspaper 2 consec-
utive weeks, the last publication being in the issue of Nov. 6,
19 l.
A, Joe Kelly
Subscribed by said H. Joe Kelly and sworn to before me this
10th day of Nov. 19hl.
W. S. Parkin
(Seal) Clerk of District Court
In and For Jefferson County
Sheriff's Return
State of Iowa BS `
Jefferson County
I, Herbert F. Goodale, Sheriff of Jefferson County, Iowa, do
hereby certify and return that I served the within notice of sale
on Harry Mcwhirter, as Administrator de bonis non with the will
70- annexed of the estate of Marion Tracy, deceased, on the 27th day
of October, 19hl, in Fairfield Township, Jefferson County, Iowa,
by offering to read the same to him, which reading he waived, and
by delivering to him personally a true and correct copy thereof.
I further certify and return that I served the same on winifred
T. Ball on the 29th day of October, 19hl, in Fairfield Township,
Jefferson County, Iowa, by reading the same to her and by delivering
to her personally a true and correct copy thereof.
I further certify and return that I served the same on Harry I.
Ball on the 29th day of October, 19hl, in Fairfield Township, Jeff-
erson County, Iowa, by reading the same to him and by delivering
to him personally a true and correct copy thereof.
Service $1.00 Herbert F. Goodale, Sheriff
Mileage .%O By Thomas Howell
$ . 0 Deputy Sheriff
Posting .75
Total $2.05
Nellie B. Hunt, Sheriff*s Return of Sale
Plaintiff Filed December 3, l9h1
Recites: *
Tl- vs . s s s STATE OF IOWA, JEFFERSON
` COUNTY, ss.
Winifred T. Ball, et al, I, Herbert F. Goodale, e
Defendants Sheriff of Jefferson County,
Iowa, hereby certify and return
that I received the annexed
execution on the 25th day of
October A.D. 19hl, at 9:00
o*clock in the forenoon; that by virtue thereof, I did on the
25th day of October A.D. 19hl, levy upon the property of the
said Winifred T. Ball, Harry I. Ball, and Harry Mcwhirter, Admr.
de bonis non with the will annexed of the estate of Marion Tracy,
deceased, defendant therein described as follows, to—wit:
Let two (2), and the North Ten (10} feet of Lot Three
(3), Lincoln Terrace Addition the the City of Fairfield,
Iowa. `
And after making said levy I gave four weeks* notice of the time
and place of selling said property, by posting up printed notices
thereof in three public places within my county-~-one of which was
at the place where the last District Court was held, and by causing
two publications of said notice to be made in the Batavia News a
newspaper printed at Batavia, Iowa in said County cf Jefferson
immediately before said sale.
That on the 29th day of October 19hl, twenty days before said
sale, I served the said Winifred T. Ball and Harry I. Ball who were
in actual possession of said real property, with written notice,
stating that I had levied on said real property by virtue of this ‘
execution, and mentioning the time and place of said sale, a copy
of which is hereto attached, and marked "Ekhibit A" and made a
part of this return.
I further certify and return, that in pursuance of said netice
I did on the lst day of December A.D. l9hl, at 11:00 o’clook A.M.
of said day, that beng the time appointed for said sale, at the
Front door of the Udurt House, in Fairfield, Iowa, expose to sale F
72- at public auction the property aforesaid to the highest_and best
bidder for cash, and then and there offered said above described
real estate in the least legal subdivisions and received no bid
therefore, I then offered said property in a body and sold the same
to Nellie B. Hunt for the sum of Five housand Four Hundred-and
no/100 - · — DOLLARS, she being the highest and best bidder therefor,
who then and there paid me the sum of Five Thousand Four Hundred
and no/1OO ----- DOLLARS, bid by her whereupon I executed to he
said Nellie B. Hunt a certificate of sale in due form of law for -
the above described real estate, and that I have said moneys now
in court to render unto the said Judgement Creditor as by this
write commanded,
-Herbert F. Goodale Q
Sheriff of Jefferson County, Iowa.
By Thomas Howell, Deputy.
Nellie B. Hunt, Special Execution
Plaintiff Filed December 3, 19kl
Recites:
73— vs e a e Whereas Nellie B. Hunt,
plaintiff, filed a petition I
Winifred T. Ball, et al, for foreclosure of a certain‘
Defendants Mortgage against Winifred T.
Ball, Harry I. Ball, and Harry
Mcwhirter, Admr. de bonis non
with will annexed of the estate
of Marion Tracy, deceased, and
whereas, the Court on October 2h,
19ul, rendered judgment against Winifred T. Ball and Harry I. Ball
and in rem against the hereinafter described real estate.
You are hereby commanded that the following described real
estate, situated in Jefferson County, Iowa, to-wit:
Lot two (2), and the North Ten (10) feet of Lot Three (3),
Lincoln Terrace Addition to the City of Fairfield, Iowa,
or so much thereof as may be necessary, by levy and sale, be made
ree the sum er $577Ll.;1.
(Seal) W. S. Parkin, Clerk
Sheriff's Return on Execution
By virtue of the Special Execution directed by the Clerk of the
Court, I, the undersigned, on the 25th day of October, 19hl, did
levy on the following described real estate: _
Lot two (2), and the North Ten (10) feet of Lot Three (3), s
Lincoln Terrace Addition to the City of Fairfield, Iowa,
and after said levy and previous to offering the same for sale, I
7h- gave L weeks notice of the time and place of said sale, by posting
up in three public places in said county, one of which was the
place where the last term of the District Court was held, and two
public places in the county, and also publishing said notice once
each week for u weeks in the Batavia News and by serving notice on
Winifred T. Ball and Harry I. Ball. - -
Herbert F. Goodale
Sheriff of Jefferson County, Iowa
By Thomas Howell, Deputy.
Herbert F. Goodale, Sheriff’s Deed
Sheriff of Jefferson County Dated December 21, 19h2
Filed December 22, l9h2
YH- to Book 98, page 26L
Hecites:
Nellie B. Hunt e e a This Indenture made this
2lst day of December, l9h2 be-
tween Herbert F. Goodale,
Sheriff of Jefferson County, Iowa,
first part and Nellie B. Hunt of
Jefferson County, Iowa, second part,
Whereas by virtue of a Special execution directed to Herbert F.
Goodale the then acting Sheriff of Jefferson County, Iowa, dated
October Zhth, l9hl, and issued out of the Glerk’s Office of the
District Court and upon judgment rendered in said District Court
on October 2u, 19hl in favor of Nellie B. Hunt and against Winifred
T. Ball and Harry I. Bell, In Rem. _
Sheriff as aforesaid did on the 25th day of October, 19hl levy
on the real estate hereinafter described as·the property of Winifred
T. Ball and Harry I. Ball, defendants, to satisfy the execution
and, whereas, the said Herbert F. Goodale, Sheriff, as aforesaid
gave H weeks* notice of the time and place of selling real estate
under execution by posting up printed notices thereof at three places
in said Jefferson County, one of which was at the Court House in
Fairfield, Iowa, where the last District Court was held, and by
causing two publications of said notice to be made in the Batavia
News.
and the Sheriff does hereby sell and convey unto Nellie B.
Hunt, the following described real estate: .
Lot 2 and the North l0 feet of Lot 3 in Lincoln
Terrace Addition to the City of Fairfield, Iowa.
Sale record appearing in Docket 8, page 305.
Acknowledged by Herbert F. Goodale, Sheriff of Jefferson County,
Iowa, December 21, l9h2 before W. S. Parkin, Clerk of the District
Court in and for Jefferson County, Iowa. (Seal)
Wm. W. Simmons Affidavit
Filed October 7, l946
15- to Recorded in Affidavit Record
7. page BM2
The Public Recites:
STATE OF IOWA ) SS “
Jefferson County ) °
I, Wm. W. Simmons, first
being duly sworn on oath, de-
pose and say: That I am a resident of Fairfield, Jefferson County,
State of Iowa; that my postoffice address is Fairfield, Iowa That I
am well, personally and intimately acquainted with the following de-
scribed real estate, situated in Jefferson County, State of Iowa, to—wit:
The North fifty-three feet and six inches of Lot Three (3), except
the North ten feet thereof, of Lincoln Terrace Addition to the City
of Fairfield, Jefferson County, Iowa
and I have known the same continuously, together with the parties in _
possession thereof under claim of ownership for twenty years last past;
That E. B. Turner is now in complete possession of all of said real
estate, and the present owner of record thereof, and this affiant says
on oath, that said present owner and possessor has by himself and his
grantors of record immediate and remote, held the chain of title to
all of said real estate, and the absolute possession thereof continuously
since the first day of January, 1930, which I know from my personal
knowledge of said real estate during all of the period of time since
said date.
This affidavit is made in compliance with the provisions of Section
No. 6lh.1T of the 19h6 Code of Iowa.
Wm. W. Sim ons E
Subscribed in my presence and sworn to before me by Wm. W. Simmons ·
this Tth day of October, 19h6. `
Irma Vannatta
(L.S.) Notary Public in and for said County.
STATE OF IOWA, JEFFERSON COUNTY, ss.
I, the undersigned, being the County Recorder of said County, do
hereby certify that the affidavit recorded upon this page was filed
by the owner in possession of said real estate as named in said affidavit. _
Witness my hand this Tth day of October, l9h6.
Virginia R. Oliver
Recorder of Jefferson County, Iowa,
Nellie B. Hunt, widow and Warranty Deed .
unmarried Dated December 30, 1953
Filed December 31, 1953
76- to Book 118, page 66
Conveys: 1
Mary B, Home Let two (2) and the North
ten feet of Let Three (3),
Lincoln Terrace Addition to
_ the City of Fairfield, Iowa,
Revenue stamps affixed and
cancelled. -
Duly acknowledged by grantor on December 30, 1953 before wm. w.
Sim ons, Notary Public in and for Jefferson County, Iowa. (L.S.) _
Mary B. Hunt by Harvey L. Hunt, Contract
attorney in fact Dated July 6, 1962
Filed July 17, 1962
77- to Book 129. page 515
Recites:
Parsons College, Fairfield, Iowa Seller agrees to convey to
Buyer, the following described
real estate in Jefferson County,
Iowa: E
Lot 2 and the North 10 feet
of Lot 3, Lincoln Terrace ·
Addition to the City of Fairfield, Iowa.
Purchase price being $20,000.00, of this price $2000.00 is paid upon
the signing of this contract and remainder of $18,000.00 shall be paid
upon delivery of merchantable abstract and warranty deed.
Seller agrees to pay all taxes and special assessments for the year
1961 due in 1962 and Seller is to pay first half of 1962 taxes due in
1963 based on 1961 taxes.
Parsons College, an Iowa Corporation Mary B. Hunt _
R. N. Hoerner, ch. of Board of Trustees By Harvey L. Hunt i
Ward L. Hunt, sec'y. of Board of Trustees
Duly acknowledged on July 9th, 1962 by Harvey L. Hunt before F. '
Jean Beldt, Notary Public in and for Jefferson County, Iowa. (LS)
, Corporate acknowledgment on July 9th, 1962 by R. N. Hoerner, chairman
of Beard of Trustees and ward L. Hunt, secretary of Board of Trustees, _
‘ before F. Jean Boldt, Notary Public in and for Jefferson County, Iowa. 9
(LS) Also Corporate Seal.
We find no Judgments in the District Court of Jefferson
County, Iowa, within the ten years last past, affecting the title to
the premises described in the caption hereof.
The land described in the caption of this Abstract_may or
may not be subject to the provisions of Chapter 1nB of the 56th
General Assembly of the State of Iowa and future amendments thereto
which is relative to controlled access facilities regarding highways,
and notice is hereby given that said land may be subject to said
Chapter and all persons relying on this certificate shall govern
themselves accordingly.
No Suits Pending. _
No Mechanic*s Liens or Attachments.
No unredeemed Tax Sales on Treasurer's Index.
Taxes for the year 1961 due in 1962, Paid in Full
No delinquent Personal Taxes.
No unpaid Old Age Assistance Tax.
No Liens for Institutional Care.
No unpaid Special Assessments.
***********************************
State of Iowa, Jefferson County, ss: E
we hereby Gertify, That the foregoing is a full, complete
and correct Abstract of Title to real estate described in the caption
hereof, as the same appears of record or on file in said county,
•9;0O•••O'C1OCk••••g•••M• `
Dated at Felprleie, Iowa, uns. . .2Qtbeay e1·.Serter¤hen .... ,
1962.
_______________________________
Examiners of Titles
CONTINUATION OF ABSTRACT OF TITLE
TO
Lot Two (2) and the North Ten (10) feet of Lot Three
(3), Lincoln Terrace Addition to the City of Fairfield,
Jefferson County, Iowa.
***************************
Mary B. Hunt, a single Warranty Deed
woman ` Dated September 12, 1962 _
Filed September 22, 1962 ;
l- to Book 132, page 369 T
Conveys:
Parsons College Lot Two (2) and the North 10
reet er Lot Three (3), Laneein
Terrace Addition to the City of
Fairfield, Jefferson County, Iowa. '
Revenue stamps affixed and can-
celled in the sum of $22.00.
Duly acknowledged by Mary B. Hunt, a single women on September
- 12th, 1962 before Anne wedell, Notary Public in and for Milwaukee
County, Wisconsin. (LS).
Arthur G. Jordan Affidavit
Dated September 21, 1962
2- to Filed September 22, 1962 `
Book 10 at page 1
The Public Recites:
STATE OF IOWA, Jefferson County, ss.
I, Arthur G. Jordan, first being
duly sworn on oath, depose and say:
That I am a resident of Jefferson
County, State of Iowa; that my postoffice address is Fairfield,
Iowa That I am well, personally and intimately acquainted with the i
following described real estate, situated in Jefferson County, State I
of Iowa, to·wit2 g
Lot Two (2) and the North Ten (10) feet of Lot Three (3), ¤
Lincoln Terrace Addition to the City of Fairfield, Iowa, ·
and I have known the same continuously, together with the parties in
possession thereof under claim of ownership for thirty years last
past.
That Mary B. Hunt is now in complete possession of all of said ·
real estate, and the present owner of record thereof, and this affiant
says on oath, that said present owner and possessor has by himself
and his grantors of record immediate and remote, held the chain of
title to all of said real estate, and the absolute possession thereof
continuously since the first day of January, 1930, which I know from
my personal knowledge of said real estate during all of the period
of time since said date.
This affidavit is made in compliance with the provisions of Section
No. 61h.17 of the 1962 Code of Iowa.
Arthur G. Jordan
Subscribed in my presence and sworn to before me by Arthur G.
Jordan this 2lst day of September, 1962.
. Scott Jordan, Notary Public in and
for said County.
STATE OF IOWA, Jefferson COUNTY, ss.
I, the undersigned, being the County Recorder of said County, do
hereby certify that the affidavit recorded upon this page was filed
by the owner in possession of said real estate as named in said
affidavit as shown by the records.
witness my hand this 22nd day of September, 1962
Virginia R. Oliver, Recorder of
Jefferson County, Iowa.
Parsons College, an Iowa Mortgage
Corporation Dated September lh, 1962
Filed September 22, 1962
3- to Book Sh, page 276
Conveys:
_ JEFFERSON COUNTY SAVINGS Lot 2 and the North 10 feet of
{ & LOAN ASSOCIATION Lot 3, Lincoln Terrace Addition to
V the City of Fairfield, Jefferson
County, Iowa.
Given to secure payment in the
sum of $15,000.00 with interest at
6%, being payable in monthly installments of $127.00 beginning lst
of October, 1962.
(Corporate Seal) PARSONS COLLEGE an Iowa Corporation
By R. N. Hoerner, éhairman of Board of
Trustees
Attested by: Ward L. Hunt, Secretary
of Board of Trustees
Corporate acknowledgment given on September lh, 1962 by R. N.
Hoerner and ward L. Hunt as Chairman and Secretary of the Board of
Trustees of said corporation before John W. Smith, Notary Public
Perseus college Amendment and Renewal of
Articles ef Incorperetien ‘
E- be Dated June 1 1957
` Filed July Eg, 1957
The Public Beck 120, pages 612—62¤ I
. . Recitesa `
Article I. The name by which ·
this cerperstien is and shell be |
known is Perseus College. I
- Article Iv. The Gcllege shell be under the mssegem nt, ‘
_ directive sed government cf L1 trustees whs shall conscience *
. che membership ef the ccrperetien. ‘
E Article V. The officers of the ccrpcrsticn shell be.s
I chairman, one cr mere viee chairmen, a secretary, one ov more -
Z assistant seesetarlee, s treasurer, and une cr mnre assistant
sreaeurers; with powers and cuc1e¤ as set forth and limited I
in these Articles ef Iscespcretics and the By—1ews which may be
rp m time be time adopted.
The vice chairmen and other assistant cfticers shell hsve
full power and euuherity be set in the absence of inability
te set of she ehsivmsn use ether officers respectively.
Article VII. Said Psveene Gcllege shell endure for fifty _
yC¤:"¤ •
Bastien 2. The Trustees er Parscse Gellege may acquire,
receive, held, peesees and msy·merb§sge, rent, sell and convey
all levies, geese, mceey and chests e cf all kind which have
been given er ccherwise acquired by and ter the use e£·bue
$°1.1$f§$ •
Section 3. sll deeds sf conveyance, mersgsgea er ether
‘ instruments relating ts the cenveyssce, mertgaging or
eseumbeving ef real estate shall be signed cn behalf cf she
college by the chairmen ef the Beard cr Trustees and-shall
be under the eerperece seal attested by the Secretary or an
Assistant Secretary.
We find no Judgments in the District Court of Jefferson County. Iowa, within the
ten
years last past, affecting the title to the premises described in the caption
hereof.
The land described in the caption of this continuation may or may not be subiect
to the
provisions of Chapter 148 of the 56th General Assembly of the State of Iowa and
future amend-
ments thereto which is relative to Controlled access facilities regarding
highways and notice Is
hereby given that said land may be subject to said Chapter and all persons
relying on this cer-
tificate shall govern themselves accordingly.
No Suits Pending.
No Mechanic's Liens or Attachments.
No unredeemed Tax Sales on Treasurer's Index.
Taxes for the year. 1-961s Paid in ful]-• l
No delinquent Personal Taxes.
No unpaid Old Age Assistance Tax.
No Liens for Institutional Care.
No unpaid Special Assessments.
STATE OF IOWA, Jefferson County, ss:
We hereby Certify, That the foregoing is a full, complete and correct
Continuation of
Abstract of Title to real estate described in the caption hereof, as the same
appears of record
or on file in said county, from the--..g9Et}..day ot ..... .......... . ......
........... ., i9--§g.,
ar .... 9 -:.D£1...o’cI¤¢k.--..-J-L. ..... M., down to this .... ..---2211day
at...--§ep.tem11ex ._.._.... 19--512,
st-ihQ.i-3.Q-.o'cIock ...... -5 _! .... .--M.
Dated at Fairfield, Iowa, this .... g;.9g-day ot ......... .... .. ....
........................... ,
1<;>-.©2.. .»
T H _L`--`- H -4 s s ari tniizs —`_* + _Q
is
CONTINUATION OF ABSTRACT OF TITLE
to
Lot Two (2) and the NorthTen (10) feet of Lot Three " ·
(3), Lincoln Terrace Addition to the City of Fairfield,
Jefferson County, Iowa.
- - - - - - -
Across the face of Mortgage Record BL, page 276, now
app ears the following:
"Tnis mortgage is released of record this 18th day of
December, 1962, by authority of nie Board of Directors of
the Jefferson County Savings & Loan Ass'n. Signed Jefferson
1- County Savings & Loan Ass'n by R. C. Norman, Secretary. ,
Release of this instrument was executed in my presence by F
R. G. Norman who is Secretary of the corporation therein
mentioned.
attest: Virginia R,Oliver, Recorder, by Madeline Harris, .
Deputy."
Parsons College, Inc. Hortgage
. Dated December 18, 1962
2· to Filed December 19, 1962
Book Bn, page 362
Jefferson County Savings Conveys: Lot Two (3), and the
& Loanassociation North Ten (10) feet of Lot Three
(3), Lincoln Terrace Addition
to the City of Fairfiebd,
Jefferson County, Iowa.
Given to secure payment of $16,500,00 with interest at 6%
in monthly installments of $lh0.00 beginning Jan. 2, 1963.
Duly acknowledged by corporate acknowledgement on December
18, 1962, by H. N. Hoerner, Chairman of Board of Trustees, and
Milford E. Hughes, Asst. Secretary of Board of Trustees of said
corporation,`before F. Jean Boldt, Notary Public, Jefferson
County, Iowa. Seal affixed.
Corporate seal affixed.
We find no Judgments in the District Court of Jefferson County, Iowa, within the
ten
years last past, affecting the title to the premlses described in the caption
hereof.
. U 1 q
The land described in the caption of this continuation may or may not be subject
to the
provisions of Chapter M8 of the 56th General Assembly of the State of Iowa and
future amend··
ments thereto which is relative to controlled access facilities regarding
highways and notice is
hereby given that said land may be subject to said Chapter and all persons
relying on this cer-
tificate shall govern themselves accordingly.
No Suits Pending.
No Mechanic’s Liens or Attachments.
No unredeemed Tax Sales on Treasurer's Index. -
r-
Taxes for the year. 196]. ·-· Paid Zi.I1 Full. _
No delinquent Personal Taxes.
No unpaid Old Age Assistance Tax.
No Liens for Institutional Care.
No unpaid Special Assessments.
STATE OF IOWA, Jefferson County, ss;
We hereby Certify, That the foregoing is a full, complete and correct
Continuation of
Abstract of Title to real estate described in the caption hereof, as the same
appears of record
or on file in said county, from the--.ggI}g---day of .... .. .... ...... §€?HP€fE;l?§Ii---
..... .... - ..... , I9-ég.-,
at--}s.Q.?-3.Q.o'c|ock ...... .-_.!5..g--M., down to this .... giiiilf-l-.-day
of-, .._. .... .--, l9-§g-.,
at-.2.§.QQ .... --o'cIock ......... .E.•..ivt.
Dated at Fairfield, Iowa, this--..?:.lil‘El%--day of. .... .... -.-.. ..____
...... .................... ,
i9.ég_.. J
,...... . .... . ..__ -
G Exn s or TITLES .4
CONTINUATION OF ABSTRACT OF TITLE
TO
Lot Two (2) and the North Ten (10) feet of Lot
Three (3), Lincoln Terrace Addition to the City
of Fairfield, Jefferson County: Iowa,
- - - - - - - - -
Made for Parsons College, Inc.
The Mortgage given by Parsons College, Inc. to Jefferson County
l- Savings and Loan Association, dated December l8, l962, filed
December 19, 1962, appearing in Book B4 at page 362 of the records
of the Jefferson County Recorder, remains unreleased of record.
Parsons College, an Articles of Incorporation `
; Iowa Corporation For the Amendment, Renewal
5 T and Reincorporation of ` _
j 2* to ` _ Parsons College _.
? Dated October 3, 1963
The Public Filed November l6, l963 ._ - _
· · 'Book 133, page 440
‘ - Recites: ‘
_ . We, whose names are hereunto ·
l _ subscribed, being Trustees of
_ . - Parsons College and a majority of whom are citizens of the State l
of Iowa, do hereby form ourselves into a body corporate in. .
conformity to Chapter 504 of the Code of Iowa, 1962, with all
the rights, powers and privileges granted and conferred by _
- existing laws of the State of Iowa; and we do adopt and declare
_ the following Articles of Reincorporation for the purpose of -
amending, renewing extending, and reincorporating Parsons College.'
Article I. The name by which the Corporation is and shall be - `
3 known as PARSONS COLLEGE. _
Article II. The location of its principal office and the place l ;
for the transaction of its business and the conduct of its- - _!
l educational operations shall be in the City of Fairfield, in the _ pi
‘ _ County of Jefferson, in the State of Iowa. The Corporation may
` _ have such otheroffices either within or without the State of l
_ Iowa as the business of the Corporation may from time to time
l require. " ` .
Section Two.- All deeds of conveyance, mortgages, or trust _ i
Q deeds relating to the conveyance, mortgaging or encumbering of *
‘- real estate shall be signed on behalf of the corporation by the
; Chairman or Vice-Chairman of the Board of Trustees and shall be ‘ _
` under the corporate seal attested by the Secretary or an Assistant
Secretary of the Board of Trustees.
Parsons College . - Indenture of Mortgage _ _
· and Deed of Trust _` ,
` 3- to Dated May 15, 1965 · E I
_ Filed June 14, 1965 . i
L/f Continental Illinois National . Book B5 on page Document # 6` I
_ Bank and Trust Company of · Filed in Chattel Mortgage Index E
Chicago #15 this 14th day of June, 1965. {
Trustee _ Given to secure the payment i
I of bonds in the aggregate ·
principal amount of $5,200,000 §·
with interest at 6%.
_ . The final series of bonds to Q
· _ become due May 15. 1979. . E
g _ Provision for the appointment of a receiver appears in this In» Q
T' denture. Said Indenture of Mortgage covers the following described r
E real estate, situated in the County of Jefferson, State of Iowa; - ‘ 1
e _ _ SCHEDULE A · ‘ Q
Q Parcel l ` _ _ I .
= ` _ Block Two in Oakland Addition to City of Fairfield, Iowa. - _ j.
E Parcel 2 i
f Block Three in Oakland Addition to City of Fairfield, Iowa. ·
-. Parcels l and 2 are subject, however, to a lease made and entered -
into by and between the College and the City of Fairfield, Iowa on E
the following described real estate:
_ ` Commencing at the Southeast corner of Lot 4, Block 3, Oakland `
` Addition to the City of Fairfield, Iowa, thence West 45 feet 8 . "=
. inches, thence due North 162 feet 6 inches, thence East 195 feet
i 7 inches, thence South 162 feet 6 inches to the north line of
_ Merrill Street, thence West to the place of beginning and being a_
Q part of Blocks 2 and 3, Oakland Addition to the City of Fairfield, - -
l Iowa, and also a part of abandoned street running north and south
; between said blocks, all in the City of Fairfield, Iowa, __ -
2 said lease being for a Municipal Swimming Pool and running_for 50
l years from l9__ with the option to renew for a period of 50.years '_ `
i- provided the pool is in a useable condition. This lease is recorded l j Q
‘ in Book 114 at page 552 of the records of Jefferson County, Iowa. _
` Also subject, however, to an Addenda to Lease on_the following des- · _
i cribed real estate: _ l _
Q Commencing at the Southeast corner of LOt_3, Block 2, Oakland . ·
Q ` Addition to the City of Fairfield, Iowa, thence West 56.4 feet, thence `
f ` due North 44 feet, thence East 196.7 feet to the West line of North - ‘
’ Main Street in the City of Fairfield, Iowa, thence South 44 feet ·
` to the North line of Merrill Street in said City, thence West to the - 4
‘ place of beginning, and being a part of Block 2, Oakland Addition Q
to the City of Fairfield, Iowa, l _ I
Q said land to be used for a parking lot and said Addenda to Lease to
= run concurrently with the original lease and for the same period of 5 .
time.(Addenda to Lease amends an error made in the original descrip- . j
tion and manga said description correct.) The above described pro- - L
party is also subject to a lease given by the College to said City,
for the Trustee Gynmasium for facilities for the Municipal Swimming a
Pool located adjacent thereto and said lease is to_run for a period ·
of 5 years beginning 7-24-51, subject to renewal. `
Parcel 3
; . Block Four in Oakland Addition to City of Fairfield, Iowa. (Lot
` Q 4 in Block 4, Oakland Addition, subject to road easement.)
l Parcel 4 e _
` The North half of the Northwest quarter of the Northwest quarter
5 of Section 25, Township 72 North, Range 10 West 5th P. M., Jefferson
Q County, Iowa. Also known as Block 15, Centennial Addition.
Q . Parcel 5 ` _ .
Q The South 20 acres of the West half of Southwest Quarter of
Q-- Section 24, Township 72, Range 10, Jefferson County, Iowa.
Q . Except the following described tract owned by Iowa-Desmoines -
Q _ National Bank, as trustee, being the property leased to the College Q
Q described in Schedule C: ·
E A certain tract of land in the South half of the Southwest quarter E
S of the Southwest quarter of Section 24, Township 72 North, Range 10 Q
E ‘ West, Jefferson County, Iowa, being owned by the College, said tract Q
? of land containing 1.5 acres moreor less and being more particularly _ Q
g I described as follows; ‘ · ?`
E Start at the Southwest corner of said Section 24; thence East _ Q
i _. 16.5 feet to the centerline of Highway No. 1; thence North 460 feet to _
E -` center line Station 1604+60, said point being the point of beginning. Q
l _ ‘ Thence East a distance of 325 feet to a_point; Thence North a . Q
Q distance of approximately 200 feet to a point in the North line of Q I
Q said South half of the Southwest quarter of the Southwest quarter of Q ‘
-. “` Section 24, Township 72, Range 10; -g
Thence Westerly along said North line a distance of 325 feet to a 5
_ point on the centerline of Highway No. 1; ·
Thence South along said centerline a distance of &PPIoximately Q
· 200 feet to the point of beginning. _ f·
Said Parcel is subject to Highway right-of-way. _ Q
N Parcel 6 . _ 5
" Commencing at the Southeast corner of Block 17 of the Centennial ‘ Q
Addition to the City of Fairfield, Iowa, thence West 521.08 feet more _'Q
or less to the land conveyed by the College to Fairfield Armory Core Q Q
poration, thence North 443 feet, thence West 337 feet to the East line Q Q
N of the C. R. I. & P. Railway right—of—way, thence northerly along the _ E Q
l East line of said right-of—way 18.8 feet more or less to the Northwest _ Q Q
I corner of Block 16, Centennial Addition to the City of Fairfield, Iowa, - .Q Q
thence East 878.5 feet, to the Northeast corner of said Block 16, i 3
- thence South 461.8 feet to the place of beginning,-and being subject Q Q
to streets and highways and being parts of Blocks 16 and 17, Centenn— Q
. ial Addition to the City of Fairfield, Jefferson County, Iowa. -
· Parcel 7 ‘ ` .
Block 18 of Centennial Addition to City of Fairfield, Jefferson
County, Iowa, except the West 110 feet thereof and except 22 feet on ..
the South side thereof used for street purposes.
Parcel 8
g All that part of the East half of the Southeast quarter of Sec- _ a
. tion 23, Township 72 North Range l0 West, lying East and South of :
· the right-of-way of the Chicago, Rock Island a Pacific Railway
=— Company, and containing 30 acres more or less, in Jefferson County,
i Iowa. (Subject to easement to Jefferson County for road purposes.)
Q Parcel 9 `
The East 28 rods of the South 14 acres of the following described
‘- tract, to-wit: Beginning at the Northeast corner of the West half of
· the Southwest Quarter of Section 24, Township 72 North, Range 10
West, thence South 30.10 chains to a stone, thence West 20.06 chains _
to a stone in the road, thence North 21.25 chains to an iron spike
_ in the road and on the South line of the right-of-way of the Chicago,
_ Rock Island & Pacific Railway Company, thence North 35° East 11.12
chains to a stake, thence East 13.56 chains to the place of beginning,
containing 57.50 acres, more or less. (Subject to existing highways.
` Also subject to mineral rights reserved by Fred W. McClain).
Parcel 10 .
- l The North 4 acres of the South 2l acres of the following described
tract to-wit: Beginning at the NE corner of the we of the swe of
` Section 24, Township 72} Range l0 West, thence South 30.10 chains to
a stone, thence West 20.06 chains to a stone in the road, thence
l North 21.25 chains to an iron spike in the road and on the South line
~ of the righteof-way of the Chicago, Rock Island and Pacific Railroad ,
Company, thence North 35° East ll.12 chains to a stake, thence East
13.56 chains to the place of beginning, containing 57.50 acres, more
or less, subject to existing highways. The North 3 acres of the -
’ » South 17 acres of the following described tract to-wit: Beginning
at the NE corner of the-Wk of the swe of Section 24, Township 72, ‘
. Range 10 West, thence South 30.10 chains to a stone, thence West _ _ _
20.06 chains to a stone in the road, thence North 21.25 chains to an ·
. iron spike in the road and on the South line of the right-of—way of
. the Chicago, Rock Island and Pacific Railroad_Company, thence North _ 3
35° East 11.12 chains to a stake, thence East 13.56 chains to the
‘ place of beginning, containing 57.50 acres more or less, subject to
_ · . existing highways. . - ·
Parcel ll . _ =
The South 14 acres of the following described tract. to—wit: A
Beginning at the Northeast corner of the we of the sws of Section 24, Q
" Township 72 North, Range 10 Westr thence South 30.10 chains to a Q
stone, thence West 20.06 chains to a stone in the road, thence North ‘ g _
21.25 chains to an iron spike in the road and on the South line of the Q `
right-of-way of the Chicago, Rock Island and Pacific Railroad, thence
North 35° East ll.l2 chains to a stake, thence East_l3.56 chains to
the place of beginning, containing 57.50 acres, but excepting the
following described tracts, to-wit: A tract in the SW corner thereof, j
being 6 rods North and South and 26.66 rods East and West and contain- {
ing 1 acres, more or less, heretofore conveyed by Catharine Lewis, · Q
et al to Opal Irene Allender Wilson, by deed recorded in Deed Record
93, page 73, and except the East 28 rods of the South 14 acres of
said above described tract, heretofore deeded to Parsons College, Inc.
Parcel 12 ·
_ A piece of ground 6 rods North and South and 26.66 rods East »
and West out of the Southwest corner of the following tract to—wit: ` ~|
Beginning at the Northeast corner of the West Half of the Southwest -
Quarter of Section 24, Township 72 North of Range 10 West, thence
_ South 30.10 chains to a stone; thence West 20.06 chains to a stone in
the road, thence North 21.25 chains to an iron spike in the road, and I
on the South line of the right—of—way of the Chicago, Rock Island and
Pacific Railroad,thence North 35° East 11.12 chains to a stake, thence -
- East 13.56 chains to the place of beginning, containing 57.50 acres
more or less. Subject to existing highways.
_ Parcel 13 ·
All of the Northwest Quarter of the Southwest Quarter of Section
l 24, Township 72 North, Range 10 West of the 5th P. M., Jefferson
County, Iowa, lying South and East of the right—of—way of the Chicago.
` - Rock Island and Pacific Railroad except a tract of land of approx-
imately 11.5 acres in the Northwest part of the above described tract
, heretofore conveyed to Albert E. Baker and wife by deed dated June
1, 1953 and recorded in Deed Record 115 at page 361, and as shown on
Plat and Survey filed May 20, 1953 in Misc. Record 117 at page 256
and also except a parcel of land of 4 acres in the South part of the
above described tract heretofore conveyed to Vern H. Peebler and Mary -
J. Peebler, husband and wife, by deed dated December 28, 1954, and
recorded in Deed Record 119, at page 123, of Jefferson County, Iowa
_ , Recorder's Office; and subject to existing highways and easements _
therefor. ‘ I
Also except the following described tracts: . _
(a) Part of the Northwest quarter of the Southwest-Quarter of _
Section 24, Township 72 North, Range 10 being more particularly
described as follows: Commencing at the Northeast corner of the _
Northwest Quarter of the Southwest Quarter of said Section 24, thence
West along the North line of said Northwest Quarter of the Southwest
quarter, for a distance of 753 feet; thence South for a distance of
- 230 feet to the point of beginning of thefollowing described tract l
_ known as Parcel No. 4; thence continuing South for a distance of `
876.5 feet; thence East for a distance of 100 feet; thence North a
- distance 876.5 feet; thence West a distance of 100 feet to the point _
of beginning; ` _
(b) Commencing at the Northeast Corner of the Northwest Quarter
of the Southwest Quarter, Section 24, Township 72 North, Range 10
· West, thence South along the East line of the Northwest Quarter of `
_the Southwest Quarter, Section 24, Township 72 North, Range 10 West, _
230 feet; thence West to the City Limits line, 753.0 feet, thence
North along the City Limits line to a point on the Quarter Section line _ L
of the Southwest Quarter of Section 24, 230 feet, thence_East along ` p
the Quarter Section line of the Southwest Quarter of Section 24, g g
l 753 feet to the point of beginning; ` _ ‘E f
- (c) All that land in the Southwest Quarter of the Northwest § :
Quarter of Section 24, Township 72 North, Range 10 West, lying South Q Q
of the Right of Way of the C. R. I. e P. Railroad.
Parcel 14 -
A part of Lot 9 of Robert's Sub-division_of Block 20 of Centennial ‘
Addition and a part of Blocks 16 and 17 of Centennial Addition to the I
City of Fairfield, Iowa described as follows; Beginning 730.7 feet North
and 547 feet West of the Southeast corner of the ncrrneasu quarter
· of the Northeast quarter of Section 26, Township 72 North, Range 30
_ West, which is a point on the North line of Carpenter Street, thence _
_ l North 128.48 feet, thence East 29 feet, thence North 253.8 feet for
l _ a point of beginning, thence North 83° 22' West 356.2_feet, thence ‘
North 6° 30* East 149.0 feet, thence East 337 feet, thence South -
189.2 feet to the point of beginning.
Parcel l5 · l ·
A tract of land lying partly in the west half of Section 24, Qown-
ship 72 North, Range 10 West of the Fifth P. M. and partly in Block
13, Centennial Addition-to the City of Fairfield, Iowa, all in Jeff-
erson County, Iowa. ‘
Begin at the center of said Section 24; Thence south along the
east side of the west half of said Section 24 a distance of 1321.0
feet to a point marked by an iron pipe:
Thence south 89° 35} west along an existing fence line a distance
of 780.2 feet to a point marked by an iron pipe for a point of
beginning; `
. Thence south l0° 0l' west a distance of 523.1 feet to a point marked
by an iron pipe;
Thence south 35° 50‘ west a distance of 525.0 feet to a point marked ‘
by an iron pipe; Thence south 00° 09* west a distance of 392.5 feet .
to a point in the south line of said Section 24 (also being the north `
line of Block 13 Centennial Addition) marked by an iron pipe; ‘ 1
Thence south 00° l2' west a distance of 667.6 feet to a point in - .
the south line of said Block 13 marked by an iron pipe; -
- Thence south 89° 38* west along the south line of said Block 13 a
distance of 150.0 feet to a point in the southwest corner of said .
Block 13 marked by an iron pin; _
Thence north 0O° l2' east along the west line of said Block 13 a .
Q distance of 667.7 feet to a point in the_northwest corner of said
Block 13 and also being the southwest corner of the southeast quarter
` of the southwest quarter of said Section 24 marked by an iron pipe; ` _ ’
Thence North 0O° 09' North along the west side of the East half of g
the Southwest quarter of Section 24 a distance of 2230.1 feet to an Q
_ iron pipe thence North B9° 35° east a distance of 545.9 feet to a _ ]
` point marked by an iron pipe; thence South 00° 09* West a distance of i
900.0 feet to the point of beginning; being 23.793 acres more or less.
SCHEDULE B
Parcel 1
A part of Block 92 of the Centennial Addition to the City of
. Fairfield, Iowa, described as follows: Beginning at the Southeast -
.‘ corner of Lot 5, in Block 8, Broadway Park Sub—division of part? of
Blocks 92, 93, 95 and 99 of Centennial Addition to the city of
· Fairfield, Iowa, thence south to the north line of East Burlington “
Street in said city, thence West 100 feet, thence North to the South
line of Block 8 in said Broadway Park Sub-division; thence East to .
4- the place of beginning; and the South 11 feet of Lots 4 and 5, in
_ Block 8, of Broadway Park Sub—division to the city of Fairfield,
Iowa, except the West 23.25 feet thereof, situated in Jefferson
. County, Iowa. ,
Parcel 1 is subject to an agreement that until January lst, 1985,
it may not be used for a Fraternity or Sorority House, or a rooming
house or dormitory, for multiple dwelling or for any commercial
l purpose, enforceable by a right of re-entry for condition broken.
It is also subject to a mortgage to United Federal Savings and
Loan Association of Desmoines, a corporation, dated December 18,
1962, filed January 11, 1963, appearing in Book 75 at page 328, in .
the sum of $32,000.00.
Parcel 2 · :»
North Half of Lot 6 in Block 5, Oakland Addition to the City of
Fairfield, Jefferson County, Iowa. _
Parcel 2 is subject to a mortgage to United Federal Savings and
Loan Association of DesMoines, dated August 5, 1964, filed August 6, . 2
1964, appearing in Book 75 at page 387, in the sum of $3,000.00. `
_ Parcel 3 ‘
All that part of Block Ninety—two (92) of Centennial Addition to
the City of Fairfield, Iowa, lying South of Broadway Park Subdivision ·
. to the City of Fairfield, Iowa, and excepting, however, the East _
One Hundred (100) feet thereof. . _ `
- Parcels 3 and 9 are subject to a mortgage to United Federal Savings
and Loan Association of Desmoines, a corporation, (on that Parcel and
_ other real estate) dated November 16, 1962, filed November 21, 1962,
_ appearing in Book 75 at page 321, in the sum of $16,500.00. _
. Parcel 4
The East one-half of Lot Two (2) in Block Five (5) Oakland Addi-
tion to the city of Fairfield, Jefferson County, Iowa. .
Parcel 4 is subject to a mortgage to United Federal Savings and l
. Loan Association of DesMoines, dated August 5, 1964, filed September _
10, 1964, appearing in Book 75 at page·430, in the sum of $l3,000.00 =
Parcel 5 i
V The South half of Lot Three (3), Block Five (5), of the Oakland l
Addition to the City of Fairfield, Jefferson County, Iowa. [
Parcel 5 is subject to a mortgage to United Federal Savings and _ . i
Loan Association of Desmcines, dated August 5, 1964, filed August 6, in
1964, appearing in Book 75 at page 390, in the sum of $4,500.00.
Parcel 6
A part of Block Fifty—three (53) Centennial Addition to the City
of Fairfield, Iowa, consisting of a part of the Northeast quarter of
the Northwest quarter of Section 36, Township 72, Range 10 and
described as follows: Commencing at the Southwest corner of the ‘
Northeast quarter of the Northwest quarter of Section 36, Township 72,
Range l0; thence east 33 feet for the place of beginning; thence
North 321.75 feet; thence Southeasterly on a curve along the East line
of the present concrete driveway and through a point 50 feet East and
_ 17.2 feet South of the Northwest corner, also through a point 90 feet-
East and 60 feet south of said Northwest corner and to a point 106.1 -
feet East and 79.8 feet south of the Northwest corner; thence south 87
degrees 26 minutes; East 116.1 feet; thence South 76 degrees 48 minutes
East 235.6 feet; thence South 180.75 feet to the South line of the
Northeast quarter of the Northwest quarter of Section 36, Township
72, Range 10; thence West 501.5 feet to the place of beginning. “
Parcel 6 is subject to a mortgage to United Federal Savings and
Loan Association of Desmoines, dated February 14, 1964, filed February
21, 1964, appearing in Book 75 at page 373, in the sum of $25,700.00.
Parcel 7 - ` .
All that part of Block S4, Centennial Addition to the City of
Fairfield, Iowa, which lies South of the South line of East Burlington
Street in said city as now used, and North of an extension of the
North line of East Washington Street in said city.
Parcel 7 is subject to a mortgage to United Federal Savings and
Loan Association of Desmoines, dated June 20, 1963, filed June 24, _
- 1963, appearing in Book 75 at page 354, in the sum of $26,000.00. _
Parcel 8
A part of Block 91 of the Centennial Addition to the City of
Fairfield, Jefferson County, Iowa, described as follows; Commencing
at a point on the East line of H Street 193 feet South and 24 feet and
9 inches East of the Northwest corner of the Southeast quarter of
the Southeast quarter of Section 25, Township 72 North, Range 10 West, .
and running thence East 9 rods, thence South 4 rods, thence West 9
rods, thence North 4 rods to the place of beginning.
Parcel 8 is subject to a mortgage to United Federal Savings and {
Loan Association of DesMoines, dated February 26, 1963, filed February _}
28, 1963, appearing in Book 75 at page 336, in the sum of $13,300.00. l
Parcel 9 l »i
Lots l, 2 and 3, Block 8, Broadway Park Sub-division to the City l
of Fairfield, Jefferson County, Iowa, except a part of Lots 1 and 2 g
` in Block B, Broadway Park Sub—division described as follows: Beginn— {
ing at the Northwest corner of Lot l, Block 8, Broadway Park Sub- `
division to the City of Fairfield, Iowa, thence running mast 100 feet,
thence South 120 feet, thence West 100 feet, thence North 120 feet -
to the point of beginning.
Parcel 10 -
Lot One {1) in Block Five (5) of Oakland Addition to the City of
Fairfield, Iowa, the same being 132 feet north and south and 140.3 ft. -
east and west as shown by the recorded plat of same.
Parcel 10 is subject to a mortgage to Jefferson County Savings
and Loan Association, dated December 18. 1962, filed December 19, 1962,
· appearing in Book 84 at page 355, in the sum of $14,009.00,
Parcel 11 -
‘ Lot Two (2) and the North 10 feet of Lot Three (3), Lincoln
l Terrace Addition to the City of Fairfield, Jefferson County, Iowa.
Parcel 11 is subject to a mortgage to Jefferson County Savings and
Loan Association, dated December 18, 1962, filed December 19, 1962,
appearing in Book 84 at page 362, in the sum of $16,500.00. `
Parcel 12 - _ Q
` The North half (N%} of Lot Three (3), except the West Ninety»five
(95) feet thereof, and the West half (Wa) of Lot Two (2), all in ·
. Block Five (5), Oakland Addition to the City of Fairfield, Jefferson —
County, Iowa. _
- Parcel 12 is subject to a mortgage to Jefferson County Savings and‘ ‘
_- Loan Association, dated December 18, 1962, filed December 19, 1962,
| appearing in Book 84 at page 361, in the sum of $16,500.00.
, Parcel 13 ‘
l A part of Block 23 of Henn, Williams e Company's Addition to the
City of Fairfield, Jefferson County, Iowa, described as follows, to-
‘ _ ’ wit: Commencing at a point 66 feet South of the Northeast corner of _
said Block, thence West 140% feet to the center line of said Block, ·
i thence South 66 feet, thence East 140% feet to the East line of said
; Block, thence North 66 feet to the place of beginning.
: Parcel 13 is subject to a mortgage to Jefferson County Savings
and Loan Association, dated December 18, 1962, filed December 19,
l 1962, appearing in Book 84 at page 360, in the sum of $11,000.00.
Parcel 14 _ .
Lot Three (3) in Block Sixteen (16} of Henn, Williams and Come
` pany's Addition to the City of·Fairfield, Jefferson County, Iowa. ‘ _
Parcel 14 is subject to a mortgage to Jefferson County Savings and ‘ U
- Loan Association, dated December 18, 1962, filed December 19, 1962, -
. appearing in Book 84 at page 359, in the sum of $13,500.00. ‘
l Parcel 15 _ _
The West 52 feet of Lot Four (4) and the East 29 feet of Lot Five
_(5) all in Block 10, New Plat, City of Fairfield, Jefferson County,
_Iowa. ‘
Parcel 15 is subject to a mortgage to Jefferson County Savings `
and Loan Association, dated December 10, 1962, filed December 19, 1962,
. appearing in Book 84 at page 356, in the sum of $12,000.00. _- ·
_ ` Parcel 16 - l ` `.``
Beginning at_the Northwest corner of Lot 3, Block 6 of the Oak-
‘ - _ land Addition to the City of Fairfield, Iowa, thence east 95 feet,
_ thence South 66 feet, thence West 95 feet, thence North 66 feet to the
‘ ‘ place of beginning, all being part of the North half of Lot 3, Block
6, Oakland Addition, Fairfield, Iowa. _
Parcel 16 is subject to a mortgage to Jefferson County Savings and
Loan Association, dated December 18, 1962, filed December 19, 1962,
appearing in Book 84 at page 358, in the sum of $9,000.00.
Parcel 17
All of Lot 5. all of Lot 4. and all of Lot 3 except`the North 10 ·
feet thereof, all being in Lincoln Terrace Addition to the City of
Fairfield, Jefferson County, Iowa. (
‘ Parcel 17 is subject to a mortgage to Jefferson County Savings and
Loan Association, dated December 18. 1962, filed December 19, 1962 ·
‘ appearing in Book 84 at page 353, in the sum of $20,000.00. ei
Parcel 18
Lot Two (2), in Block One (1) in Oakland Addition to the City of
_ Fairfield, Iowa. ‘ ` ·
The said Lot Two is subject to a mortgage to Jefferson County
Savings and Loan Association, dated June 15, 1962, filed June 18, 1962,
appearing in Book 84 at page 160, in the sum of $12,200.00.
Also included in the above a Quit Claim Deed for Part of the East
part of Block 14 of Centennial Addition to the City of Fairfield,
Iowa, described as follows: Commencing at the point of intersection of .
the center line of Merrill Street and North Court Street, thence North
_ 31.5 feet, thence West 41.25 feet, thence North 264 feet, thence west
140.25 feet to the place of beginning; thence 57.1 feet, thence north
-14.7 feet, thence easterly 57.1 feet along a line extended westerly -
from North fence line (property line) of Evergreen Cemetery, thence
South 15.4 feet to the point of beginning. `· l
- Above deed of record in Book 126, page 480.
Parcel 19 .
Lot One (1) in Lincoln Terrace Addition to the City of Fairfield,
Jefferson County, Iowa.
Parcel 19 is subject to a mortgage to Jefferson County Savings and_
Loan Association, dated December 18, 1962, filed December 19, 1962, Q
_ appearing in Book 84 at page 363, in the sum of $19,500.00; ` l
Parcel 20 _ _·
The West 95 feet of the North half of Lot 3 in Block 5 of Oakland '
. Addition to the City of Fairfield, Iowa. -
Parcel 20 is subject to a mortgage to Insurance Plan Savings &
Loan Association, dated August 7, 1956, filed August 14, 1956, appear-
ing in Book 78 at page 263, in the sum of $11,000.00. · -
Parcel 21 .
Lot 6 in Block 17 in Henn, Williams a Company's Addition to the
` City of Fairfield, Jefferson County, Iowa.
Parcel 21 is subject to a mortgage to Insurance Plan Savings & ‘ ‘
Loan Association, dated July 29, 1958, filed August 2, 1958, appear- Q
ing in Book 79 at page 204, in the sum of $8,300.00. = ;
Parcel 22 · ‘ i
Lots 5 and 6 in Block 8 in Henn, Williams and Company's Addition
to the City of Fairfield, Iowa, except 50 feet off the North side of
said lots. Z
Parcel 22 is subject to a mortgage to Insurance Plan Savings a ‘
Loan Association, dated September 30, 1959, filed October 12, 1959, ’
_ appearing in Book 79 at page 530, in the sum of $6,525.00 e
Parcels 20, 21 and 22 are subject to an additional mortgage to -
Insurance Plan·Savings a Loan Association, dated February.28, 1961, .
` filed March 8, 1961, appearing in Book 75 at page 212. in the sum -
of $77,000.00.
SCHEDULE C
The following described leasehold estate in premises situated in
the County of Jefferson, State of Iowa:
Leasehold estate and term of years expiring July 3l, 1978, i
together with the option to purchase, created by Lease between Iowa- .
Desmoines National Bank, as trustee, and the College dated July E5.
1963 and demising for the term therein set forth the following
described premises:
A certain tract of land in the South half of the Southwest Quarter
_ 5- of the Southwest Quarter of Section 24, Township 72 North, Range 10
West, Jefferson County, Iowa, formerly owned by the College, said
- tract of land containing 1.5 acres more_or less and being more part- l
icularly described as follows: `
Start at the Southwest corner of said Section 24; Thence East_
16.5 feet to the center line of State Highway #1; thence North 460
feet to center line station #1604-60, said point being the point of
beginning. Thence East a distance of 325 feet to a point; thence
North a distance to approximately 200 feet to a point in the North - -
line of said South one-half of the Southwest one-quarter of the
Southwest one-quarter of said Section 24; thence westerly along
said North line a distance of 325 feet to a point_on the center line
of State Highway #1; thence South along that center line a dis-
· tance of approximately 200 feet to the point of beginning.
SCHEDULE D
The following described rights, including the right to obtain a .
· deed to premises situated in the County of Jefferson, State of Iowa:
= The rights of the College under its Agreement with National
Institutional Developers, Inc. dated September 17, 1964, including the
_ ‘ right to operate certain dormitories for the latter's account and the
l right to obtain a special warranty deed to the following described
parcels: l
_ A. Commencing at the north east corner of Northwest quarter
of Southwest quarter, Section 24, Township 72 North Range 10 West,
6' thence west on quarter section line 753.0 ft. to the point of be-
ginning, thence south 1106.5 feet parallel to east quarter. quarter i
section line. thence west 571.2 feet and parallel to the south quarter
- section line, to a point in center line of pavement, thence North 35 [
degrees 29* East along south R. O. W. line of the C. R. I. and P. R. R.
528.0 feet thence North 45 degrees 43' East 245.5 feet to_a point
on quarter section line of Southwest quarter of Section 24, thence
east 88.9 feet on quarter section line to the point of beginning, i
` containing ll.4 acres more or less, subject to Iowa State Highway
No. 1 on the west side thereof. i
B. Commencing at the Northwest corner of the Northwest
Quarter of the Southwest quarter of said Section 24; thence West
along the North line of said Northwest Quarter for a distance of
753 feet; thence South for a distance of 230 feet to the point of
beginning of the following described tract known as Parcel No. 4;
thence continuing South for a distance of 876.5 feet; thence East
rz: a distance of 100 "eeoy ?;en;c Friar a distance of 876.5 feet;
e we -est a dista= · . H “ ‘· . it y: _.~+H _..- ng.
. . i h- .·e . ,hw i . J ;*
*1: ’ I
'}‘.
a. ; i
dated June 1, 1953, and recorded in Deed Recordall5 at page 361,
and as shown on Plat and Survey filed May 20, 1953 in Misc. Record
- 117 at page 256, and also except a parcel of land of 4 acres in the
South part of the above described tract heretofore conveyed to Vern Q
H. Peebler and Mary J. Peebler, husband and wife, by deed dated
December 28, 1954, and recorded in Deed Recordall9, at page 123 s -
of Jefferson County, Iowa Recorder‘s Office; and subject to existing
highways and easements therefor.
D. All that land in the Southwest Quarter of the Northwest Quarter
of Section 24, Township 72 North, Range l0 West lying South of the
present right—of-way of_the C. R. I. & P. Railroad as now relocated. .
. Said four parcels comprise 26.4 acres, more or less.
EXHIBIT “A“
This Exhibit fully sets out the legal description of the real
estate purchased by Parsons College, Fairfield, Iowa, from William _
M. DuBois and Jessie E. DuBois, husband and wife, by Real Estate
Contract dated 14th May 1965, and certain other conditions agreed
upon between the parties hereto.
The real estate purchased is located in Jefferson County, Iowa, and
- 7* legally described as follows, to—wit: H
A tract of land lying partly in the west half of Section 24, Town-
ship 72 North, Range 10 West of the Fifth P. M. and partly in Block
13, Centennial Addition to the City of Fairfield, Iowa, all in
Jefferson County, Iowa. Said tract contains 97.015 acres and is
more particularly described as follows: ‘
Begin at the center of said Section 24;
Thence South along the east side of the west half of said Sec-
· tion 24 a distance of 1321.0 feet to a point marked by an iron pipe;
Thence South 89° 35' west along an existing fence line a dis-
tance of 780.2 feet to a point marked by an iron pipe;
Thence South l0° 01* west a distance of 523.1 feet to a point
marked by an iron pipe; -
Thence South 35° 50‘ west a distance of 525.0 feet to a point mark-
ed by an iron pipe;
Thence South 00° 09' West a distance of 392.5 feet to a point in ;
the south line of said Section 24 (also being the north line of Block ‘
13 Centennial Addition} marked by an iron pipe;
Thence South 89° 38' west along the south line of said Block
13 a distance of 150.0 feet to a point in the Southwest corner of
said Block 13 marked by an iron pin;
Thence North 00° l2' east along the west line of said Block
13 a distance of 667.7 feet to a point in the northwest corner of said .
Block 13 and also being the southwest corner of the southeast quar-
ter of the southwest quarter of said Section 24 marked by an iron
pi e;
PThence North 00° 09* west along the west side of the east half
of the southwest quarter of said Section 24 a distance of 2651.7 -w
feet to the northwest corner of said east half of the southwest
quarter marked by an iron pipe;
Thenee North 00° l4' east along the west side of the east half of
_ the northwest quarter of said Section 24 a dist¤¤¢s of 822.8 feet
M n as a paint in tho quash Lina of the Ch1¤B9¤¤ meek Inland and Panilic »
Retirees rieht·e£·w¤y marked by an iran pipe;
-13-
Thence North 45° 40' east along said right—of-way line a dis- 5
‘ tance of 1844.4 feet to a point on the east side of the west half of
said Section 24 marked by an iron pipe; - i
Thence south a distance of 2l02.6 feet to the place of beginning.
EXHIBIT ”B“ _ a
It is agreed by and between the parties hereto that the Sellers
shall deliver unto the Buyer a Warranty Deed for a part of the above ·
described real estate (shown in Exhibit A) at the time of the signing
and execution of this Contract. and said Warranty Deed shall include
the following described real estate, to—wit:
A tract of land lying partly in the west half of Section 24,
Township 72 North, Range 10 west of the Fifth P. M. and partly in
Block 13, Centennial Addition to the City of Fairfield, Iowa, all
in Jefferson County, Iowa. · A
Begin at the center of said Section 24; ‘ ,
Thence south along the east side of the west half of said Section
24 a distance of 1321.0 feet to a point marked by an iron pipe;
Thence South 89° 35* west along an existing fence line a dis-
_ tance of 780.2 feet to a point marked by an iron pipe for a point of _
8- beginning; - -
Thence South l0° 01' west a distance of 523.1 feet to a point l -
marked by an iron pipe; _
Thence South 35° 50' west a distance of 525.0 feet to a point
marked by an iron pipe; _ -
l · Thence South 00° 09* west a distance of 392.5 feet to a point in
. the south line of said Section 24 {also being the north line of Block -
l3 Centennial Addition) marked by an iron pipe;
Thence South 00° l2' west a distance of 667.6 feet to a point in_
' the south line of said Block 13 marked by an iron pipe; -
. Thence South 89°38' west along the south line of said Block l3
a distance of 150.0 feet to a point in the southwest corner of said
Block 13 marked by an iron pin;
Thence North 00° l2' east along the west line of said Block 13
a distance of 667.7 feet to a point in the Northwest corner of said
. Block l3 and also being the southwest corner of the southeast' » `
_ quarter of the southwest quarter of said Section 24 marked by an g
_ iron pipe; . 3v
Thence North O0° 09' North along the west side of the East
half of the Southwest quarter of Section 24 a distance of 2230.1 _
. feet to an iron pipe, thence North B9? 35‘ ea=t a distance of 545.9
. feet to a point marked by an iron pipe; thence South 00° G9' West a -
distance of 900.0 feet to the point of beginning; being 23.793 acres
more or less, of which 10.248 acres is valued at $5,000.00 an acre
and 13.545 is valued at $6.000.00 an acre. · `
Parsons College . _ [ _ e
By W. Clyde Wright, Chairman _
Corporate Seal Attest; Ward L. Hunt, Secretary -
’ Continental Illinois National Bank and Trust · A
Company of Chicago _‘ Q 2
By Ray F. Myers, Vice President i
Corporate Seal. l Attest: E. J. Friedrich, Secretary _f
Corporate acknowledgment by W. Clyde Wright on June ll. 1965.
before Henry A. Bunn, Notary Public in and for Otsego·County. New
York. (LS)
Corporate acknowledgment by Ray F. Myers on June 1.4. 1,965;
beiexs E. W, Fahnpnbach,. Henry Publis in had £¤:¤ seek stunt;}. A
Illinois. (LS)
We find no Judgments in the District Court of Jefferson County, iowa, within the
ten
years last past, affecting the title to the premises described in the caption
hereof.
The land described in the caption of this continuation may or may not be subiect
to the ,
provisions of Chapter M8 of the 56th General Assembly of the Stare of Iowa and
future amend· l
ments thereto which is relative to controlled acoess facilities regarding
highways and notice is l
hereby given that said land may be sublect to said Chapter and all persons
relying on this cer- ’
tificate shall govern themselves accordingly.
l
I
I
No suits Pending. ·
No Mechanids Liens or Attachments.
No unredeemed Tax Sales on Treasurer's index.
Taxes for the year. 1964 due in }.965 - exempt
T No delinquent Personal Taxes.
No unpaid Old Age Assistance Tax.
No Liens for lnstttutlonai Care.
No unpaid Special Assessments.
STATE OF IOWA, Jefferson County ss:
We hereby Certify, That the foregoing is a full, complete, and correct
Continuation of
Abstract of Title to real estate described in the caption hereof, as the same
appears of record
or on file in said county, from the.-ii;2§-i..-- day of_-]d$9E§9-{---_
.......... --,........., 19---9-%,
at--Ei.99-o'clock--..E.:.-M., down to this--ij?-1}.--day of---- -----
-9-iii}?-..-....-.-...-, 19----55
si--E-E-EH ---- o'clock------?-’--M. .
Dated at Fairfield, iowa, this--&€Eh--day of---- ..-. J EEE------- ---- - -----
- --.- --- ------- --------,
19-.92. x _ _,
[Nm OF.-ms -. W
U III-. If'!.
..15- (//l
CONTINUATION OF ABSTRACT OF
TITLE
TO
Lot Two (2) and the North Ten (10) feet of Lot
Three (3), Lincoln Terrace Addition to the City
of Fairfield, Jefferson County, Iowa.
- - - - - - -
The Mortgage given by Parsons College, Inc. to Jefferson County
Savings and Loan Association, dated December 18, 1962, filed
l- December 19, 1962, appearing in Book 84 at page 362 of the records
of the Jefferson County Recorder, remains unreleased of record.
Parsons College
First Supplemental Indenture
Dated September ____. 1965
2- to filed December 27. 1965
Book 75 page 562
Continenta1 Illinois National
Bank and trust company of 1
hioago. Ttu•t•• _
Parsons ¤o11•g• Sooond Sup lcnnntal 1n¤•ntu:• *
` Dated January . 1966
3- to ¥11•d Hutch 17, 1966 ·“
look 75 pogo 580 . -
Continontal Illinois Iational *
B ok and·!ru1t oompsny of . ,
Chicago. Trustao —
; Parsons ¢o11•q• Third Bupplo sntal Indenture
` Baton Jsnuary 13. 1967
. 4- to Pilon Iobrunzy 14. 1967
soot so page za a
- Conttnontnl Illinois Iat1ono1
Q Bank and Tro t company of
Q Chicago. T:·u•t:••
‘ Parsons colloqo Iouxth Suppd nsntsl Indonturs
Batsd Juno 10, 1967
. 5- no · Fila August 17. 1967
Book B5 Document Q 17
I Continontnl I111nois National _
1 sank and Txust company of
h Chicago. Trustee
j Parsons collcqt Fifth Supplo ontal Indontuxo
3 - Datod Ssptsnbox 1, 1967
. 6·’ to tiled Soptombor B. 1967
- look 90 at page 66
Gontinsntal Illinois Rational
. Bank and Trust Company of
f chicago. Trustao `
Shown of record in the office of the Clerk of the District Court
of Jefferson County, Iowa, Suit filed by J. D. DeForest (John
7- Duane DeForest) Plaintiff, vs Parsons College, Millard G. Roberts, ·
J Jack S. Brown and Raymond Gibson. Appearing in District Court
J Docket 27 at page 300. Equity—Contract. Appearance of record,
Eff made for Parsons College.
Shown of record in the office of the Clerk of the District Court of
Jefferson County, Iowa, Suit filed by Donald Mitchell and Louise
3- Mitchell, Plaintiffs vs Parsons College, Defendant. Appearing in
District Court Docket 27 at page 316. Equity—Contract. Appearance
Ly; of record, made for Parsons College.
We find no Judgments in The District Court of Jefferson County, Iowa, within the
ten
years last past, affecting the title to the premises described in the caption
hereof.
The land described in the caption of this continuation may or may not be subiect
to the";
provisions of Chapter I48 of the 56th General Assembly of The State of Iowa and
future amend-
ments thereto which is relative To controlled access facilities regarding
highways and notice is ‘
hereby given that said iand may be subject To said Chapter and all persons
relying on this cer-
tificate shall govern themselves accordingly.
U No suits Pending. . n
No Mechanics Liens or Attachments.
No unredeemed Tax Sales on TreasUrer*s Index.
Taxes fer the year- 1966 due in 1967 - no tax assessed
No delinquent Personal Taxes. _
No unpaid Old Aga Assistance Tax.
No Liens for Institutional Care. _
No unpaid Special Assessments.
--—-·-+·§v¢1·*9··••·—-——·
STATE or EOWA, Jefferson County ss:
We hereby Certify, That the foregoing is a full, complete, and correct
Contirwation of _
Abstract of Title to real estate described in The caption hereof, as the same
appears of record l
or on file in said county, from 1he--.il·.‘g'.)€·l'}.-- day of... ..... 51E}}§
..... - ..... - ................ .-., l9-.§§.-, E
ar___g_i_]r_*g“-_o'clock__-Rs., .... M., down to this. .... IL .llI.IIL-day
of.-.----QQhDbBI ............... , i9--6.7., §
at .... 2-:.§§0'clock. ..... E.s._--M. ll
Dated at Fairfield, Iowa, this---il.-.Q.iE.l-i...day of .....
..---QGSQ1·?Q¥.`..-.. .... .... .... .... ....... . ......... - .... ,
19--.51.. `
M _ _ m s or ratuzs d
-4- l
CONTINUATION OF ABSTRACT OF TITLE
-
Lot Two (2} and the North Ten (10} feet of Lot
Three (3} Lincoln Terrace Addition to the City _
of Fairfield, Jefferson County, Iowa.
- - - - - - - - - - - - -
Jefferson Savings and Loan Petition in Equity
Association, formerly known for Foreclosure of Mortgage
as Jefferson County Savings * Filed April 4, 1972 1
and Loan Association Comes now the plaintiff,
Plaintiff Jefferson Savings and Loan
Association, formerly known
1- vs as Jefferson County Savings
and Loan Association. and to
Parsons College, a/k/a Parsons be known throughout these
College, Inc.;Continenta1 Illinois pleadings as Jefferson Savings
National Bank and Trust Company and Loan Association, and
of Chicago, Trustee; Kessler for cause of action states:
Distributing Company; Wulffs I. That the plaintiff is a
Furniture, Inc.; Robert Spencer corporation organized under
and Patricia Spencer, husband the laws of the State of Iowa.
and wife Defendants II. That on December 18. 1962.
the defendant, Parsons College,
made, executed and delivered to l
the plaintiff its certain note
in writing for the sum of $16,500.00 with interest at the rate of 6%
per annum, all payable to the order of the plaintiff at Fairfield,
Jefferson County, Iowa, a copy of said note is attached hereto marked
Exhibit A and made a part hereof. l
III. That to secure the payment of this note and as a part of this
transaction the defendant, Parsons College, did on the 18th day of
December, 1962, make, execute and deliver to the plaintiff a first
mortgage in writing on the following described real estate located
in Fairfield, Iowa:
Lot Two (2) and the North Ten (10) feet of Lot Three (3) Lincoln I
Terrace Addition to the City of Fairfield, Jefferson County,Iowa.
and that said mortgage was filed for record in the office of the
Recorder of Jefferson County, Iowa, on December 19, 1962, at 1:53
P. M. in Book 84 at page 362. That a copy of said mortgage together
with the recorder‘s certificate is hereto attached marked Exhibit B
and made a part hereof.
IV. That the said mortgage given to the plaintiff and being
Exhibit B provides for monthly installments of $140.00 a month to be
paid the same to include interest at 6% per annum, and that the de-
fendant, Parsons College, has not made monthly installment payments
which are due and owing from December, 1971, and to include the
installment for February, 1972, and that in addition thereto the
plaintiff has been required in accordance with the terms of the
mortgage to pay the 1971 taxes due in 1972, which are now due and
payable, and that there is now due and owing the plaintiff on the
above mentioned mortgage the sum of $8,596.66 including interest to
2- February 29, 1972, and that the plaintiff has been put to the extra
expense of $30.00 for bringing the abstract to date and that the
mortgage allows statutory attorney fee is $125.00, and plaintiff does
attach hereto an attorney's fee affidavit marked Exhibit C which is
made a part hereof.
That the plaintiff has declared and does now declare the entire
principal sum and accrued interest on said note and mortgage due and
payable.
V. That the plaintiff is still the owner and holder of said note
and mortgage and said note is incorporated in and under the terms of
the first m rtgage, and all amounts above stated are justly due the Q
plaintiff, including the interest to February 29, 1972. And that the
Plaintiff further states that the defendant did on May 15, 1965,
execute and deliver an Indenture of Mortgage and deed of trust to
Continental Illinois National Bank and Trust Company of Chicago,
trustee, in the sum of $5,200.000.00, with supplements later issued
all tied to the original indenture and that said instrument was filed
June 14, 1965, and appears in Book 85 as Document 6 filed in Chattel
Mortgage Index $15 on June 14, 1965, Records of Jefferson County,Iowa.
Plaintiff further states that the records of Jefferson County,
Iowa, show a judgment filed on behalf of Kessler Distributing Company
3- against Parsons College dated November 4, 1971, and recorded in Book
30, page 42, in the C1erk's Office in the sum of $8,719.41 plus costs.
Plaintiff further states that the records of Jefferson County, Iowa,
show a judgment entry filed by Wulffs Furniture, Inc. entered against
Parsons College on January 17, 1972, and recorded in Book 30 at page
56 in the Clerk's Office in the sum of $9,958.88.
VI. That the real estate above described is now occupied by Robert
Spencer and Patricia Spencer, husband and wife, as tenants who hold
a year's lease on said property, said lease beginning January l,
1972, and continuing until January l, 1973, and that all of the rental
for said year has been paid and credit given to Robert Spencer and
Patricia Spencer, husband and wife.
VII. That the lien of plaintiff‘s mortgage is a first and prior
lien on said premises and is superior to the right, title and interest
or lien of the defendants in the property above described.
Wherefore, plaintiff prays judgment against the defendant, Parsons
College, in the sum of $$8,596.66 with interest at the rate of 6%
included to February 29, 1972, and for interest until this foreclosure
action is fully satisfied. -
Plaintiff further prays a judgment aginst the defendant, Parsons
College, for $30.00, the cost of continuing abstract of title on the
real estate being foreclosed, and for the statutory attorney's fee
of $125.00 and for the costs of this suit and for any additional real
estate taxes which may be advanced by the plaintiff in the year 1972
for real estate taxes for the 1971 due in 1972. And plaintiff further
prays judgment and decree against the defendant Parsons College
establishing and foreclosing said mortgage as against the real estate
hereinbefore described, for the full amount of judgment, interest,
statutory attorney fee, costs and abstract fee, and that judgment be
decreed to be a first lien upon said mortgage premises from December
4- 18, 1962, said mortgage being filed in Mortgage Record 84 at page 362
of the records of Jefferson County, Iowa, and for interest until this
foreclosure action is satisfied, and that the plaintiff‘s lien be
adjudged to be superior, prior and paramount as against Continental
Illinois National Bank and Trust Company of Chicago, trustee and
Kessler Distributing Company, and Wulffs Furniture, Inc., and any other
person or corporation, and that the plaintiff‘s mortgage be foreclosed
and the equity of redemption by the defendants in this action, and each
and all of them, be forever barred and foreclosed subject to such
rights of redemption as are provided for by statute, and that special
execution issue aof rht sale of the mortgaged premises or so much
thereof as may be necessary to satisfy said judgment, with interest
and costs, statutory attorney fee, abstract charges, and for any taxes
which the plaintiff may be required to pay, and that general execution
issue against Parsons College for any unsatisfied balance on said
judgment and that the Court adjudge and decree that is any part of E
said mortgaged premises be sold under this decree and not redeemed ¤
within one year from the date of the sale, a writ of possession issue
under the seal of the Court directed to the Sheriff of Jefferson County
receive rents, profits and to rent and manage said premises and
apply the proceeds received therefrom on the indebtedness, it being
understood that the present tenants, Robert Spencer and Patricia
Spencer, husband and wife, are occupying said premises on a yearly
basis, said lease having begun January l, 1972, and extending to
January 1, 1973, and that all of the rental for said real estate has
been paid and credit given to Robert Spencer and Patricia Spencer,
. husband and wife, and that the Receiver shall have all the powers
? usually conferred upon all receivers in the event an insufficient
` 5_ amount to cover the amount prayed for by the plaintiff is bid"on the
Sheriff‘s sale, and for such other and further relief as to the
Court may seem just. Scott Jordan, Attorney for Plaintiff
Duly acknowledged March 29, 1972 by Gordon E. Aistrope, President
of Jefferson Savings and Loan Association, before Esther Engwall, _
Notary Public in and for Jefferson County, Iowa. (LS)
Jefferson Savings and Loan original Notice -.
Association, Plaintiff Filed April 12, 1972 -
To the Above named Defendants
6' vs You are hereby notified that
a petition of the above named
- Parsons College, et al plaintiff in the above entitled
Defendants action is now on file in the
office of the Clerk of the
above named Court, and copy
of which is hereto attached, l
You are hereby notified to appear before said court at Fairfield in
Jefferson County, Iowa, within 20 days after service of this original
notice upon you, and that unless you so appear, your default will be
entered and judgment or decree will be rendered against you for the
relief demanded in the petition . Scott Jordan, Attorney for
Plaintiff
First National Bank Bldg.
Fairfield, Iowa
Return of Service
State of Iowa
Jefferson County
The within notice received April 4, 1972 and I certify that I
served the same on the defendant Parsons College, a corporation by
7- personally delivering a true copy thereof to John W. Amberg who is
the business agent for said corporation in Fairfield, That I served
the same on the defendant Kessler Distributing Company, a corporation
by personally delivering a true copy thereof to Charles Kessler, the
President thereof.
-That I served the same on the defendant Wulff's Furniture, a corporation
by personally delivering a true copy thereof to William R. Wulff, the
President thereof. h
That I served the same on the defendant Patricia Spencer in her home
and usual place of abode, by there leaving a true copy thereof with
Robert Spencer, a person residing therein and over 18 years of age.
That I served the same on the defendant Robert Spencer by personally
delivering to him a true copy thereof. All done April 4, 1972 in the
City of Fairfield, Jefferson County, Iowa.
Bill R. Angstead, Sheriff, Jefferson County, Iowa.
By: Walter E. Hill, Deputy
Jefferson Savings and Loan Original Notice
Association, Plaintiff Filed May 8, 1972
To the Above Named Defendants:
8- vs You are hereby notified that
a petition of the above named
Parsons College, et al plaintiff in the above
entitled action is now on file
in the office of the Clerk of
the above named Court, and copy of which is hereto attached.
You are hereby notified to appear before said court at Fairfield
in Jefferson County, Iowa, within 20 days after service of this
original notice upon you, and that unless you so appear, your default
will be entered and judgment or decree will be rendered against you
for the relief demanded in the petition.
Scott Jordan, Attorney for Plaintiff =
First National Bank Bldg., Fairfield, Iowa
Return of Service .
State of Illinois
Cook County, Illinois ss.
The within notice received this 6th day of April 1972, and I
certify that I served the same on the defendants named below by del-
g- ivering a copy thereof to each of said defendants personally at the
time and place set opposite their respective names:
Continental Illinois National Bank and Trust Company of Chicago,
April 7, 1972, Chicago, Cook County, Illinois.
Served by J. F. Goshert, r/a
Walter I. Flausch, Deputy Sheriff
Cook County, Illinois.
Jefferson Savings and Loan Appearance
Association, formerly known as Filed April 20. 1972
Jefferson County Savings and Comes Now, Bailey C. Webber,
Loan Association, Plaintiff attorney for Continental
Illinois National Bank and
l0- vs Trust Company-of Chicago,
Trustee, and hereby acknowledges
Parsons College, a/k/a Parsons and states that Continental
College, Inc.:Continental Illinois Illinois National Bank and
National Bank and Trust Company of Trust Company has been served
Chicago, Trustee: Kessler Original Notice of Pendency of
Distributing Company; Wulffs Furn- the following action with ;
iture, Inc.;Robert Spencer and petition attached and it waives
Patricia Spencer, husband and wife further notice of the pendency
Defendants of said action and hereby enters
Jefferson Savings and Loan Appearance
Association, formerly known as Filed April 21, 1972
Jefferson County Savings and Loan Comes now Rowe and Rowe,
Association, Plaintiff Attorneys at Law, and`hereby
enter their appearance on
ll- vs behalf of the Defendant,
Wulffs Furniture, Inc., in
Parsons College, a/k/a Parsons College, the above entitled cause.
Inc.;Continenta1 Illinois National Bank Rowe and Rowe, Attorneys
and Trust Company of Chicago, Trustee; for Defendant
Kessler Distributing Company; Wulffs Wulffs Furniture, Inc.
Furniture, Inc.; Robert Spencer and 207 North Court Street
Patricia Spencer, husband and wife, Fairfield, Iowa
Defendants
Jefferson Savings and Loan . Appearance
Association, Plaintiff Filed April 21, 1972
Comes now J. Carleton Starr,
12- vs Attorney at Law, and enters
_ his appearance in the above
Parsons College, et al entitled cause for and on
Defendant behalf of the defendant,
Parsons College. =
Dated this 2lst day of
‘ April, 1972. ‘
J. Carleton Starr
_ Parsons College I
Fairfield, Iowa.
Jefferson Savings and Loan Answer
Association, Plaintiff Filed April 21, 1972
e e * w e
l3— vs Defendant prays that the
petition of plaintiff be
Parsons College, et al dismissed at the cost of the
Defendants plaintiffi
* * * * * * *
J. Carleton Starr, Attorney
for Defendant, Parsons College _
Fairfield, Iowa.
Above answer verified by John W. Amberg, Assistant Treasurer of
Parsons College, and acknowledged April 20, 1972 before Dorothy I.
Zimmerman, Notary Public, Jefferson County, Iowa. (LS)
Jefferson Savings and Loan Assoc- Decree in Equity for
iation, formerly known as Jefferson Foreclosure of Real
County Savings and Loan Association Estate Mortgage e
Plaintiff Filed September 25, 1972
Book Al6 page 260
14- vs Now on this 25th day of
September, this cause coming
Parsons College, a/k/a Parsons College, on for hearing and plaintiff,
Inc.,;Continental Illinois National Jefferson Savings and Loan
Bank and Trust Company of Chicago, Association, formerly known
Trustee; Kessler Distributing Company; as Jefferson County Savings
Wulffs Furniture, Inc.;Robert Spencer and Loan Association, appear-
and Patricia Spencer, husband and wife ing by its attorney, Scott
Defendants Jordan, Fairfield, Iowa, and
defendant, Continental Illinois
National Bank and Trust Company
of Chicago, Illinois, Trustee,
appearing by its Attorney Bailey C. Webber, Ottumwa, Iowa, and defend-
ant Wulffs Furniture, Inc. appearing by its attorney, Rowe and Rowe,
Attorneys at Law, Fairfield, Iowa, and defendant Parsons College,
also known as Parsons College, Inc. appearing by its attorney J.
Carleton Starr, Fairfield, Iowa, and all of said attorneys having been
furnished with copies of this Decree and all of said attorneys having
approved said Decree as to form, and said approval having been endorsed
on said Decree, and it appearing to the Court that each and all of |
the defendants have been duly and legally, and in the time, form and
manner, as required by law, personally served with notice to appear
and defend this suit, and there being no other appearances or answers
on file, that the issues and equities of this case are with the
plaintiff and plaintiff is entitled to the relief demanded. Court I
further finds that plaintiff is still the owner and holder of the note
and mortgage referred to. ‘·
Wherefore it is further Ordered, Adjudged and Decreed that if the
plaintiff or the holder of the Sheriff's Certificate of Sale shall
pay any taxes or assessments which are or may become a lien on said
real estate so sold during the period of redemption from said sale, or
- if said parties shall redeem the mortgaged premises from the sale for
any such taxes or assessments or advance any other default in conn-
_ ection with said mortgage, that upon filing with the Clerk of this
District Court a verified statement as provided by law, the same shall
be a lien upon said mortgaged premises and whenever redemption is made
from such sale, the party or parties redeeming it shall pay the Clerk
of said Court in addition to the amount due upon said certificate, the
15- amount so paid or advanced together with interest thereon from the
date of such payment at the rate of 7% per annum before said redemp-
tion can be made, and to likewise pay the statutory attorney fee in
the sum of $125.00 and the costs of bringing the abstract to date
prior to the filing of this suit.
It is further Ordered, Adjudged and Decreed that in case no re-
demption is made from said sale, then upon demand the Clerk of this
Court shall issue to the Sheriff of said County a writ of possession _
com anding him to put the grantee named in the Sheriff's deed for said i
premises so sold, or his grantee, in possession, and to remove any Q
person or persons in possession out of said possession of said premises. ·
It is further Ordered, Adjudged and Decreed that Robert Spencer and
Patricia Spencer, husband and wife, are entitled to possession of the
above described real estate until July 21, 1973, as a result of a
certain lease entered into by them with Parsons College as of`
January 6, 1972, the rent on said lease having been paid in full by
the tenants.
It is further Ordered, Adjudged—and Decreed that special execution
as mentioned above, issue for the sale of the following described
16- real estate:
Lot Two (2) and the North Ten (10) feet of Lot Three (3) Lincoln
Terrace Addition to the City of Fairfield, Jefferson County,Iowa.
against the defendant, Parsons College, also known as Parsons College,
Inc., and that if said property does not sell for sufficient to satis·
fy said judgment, interest and costs, and if any part thereof remains
unsatisfied after said sale under special execution, that a general
execution issue therefore as against the property of the defendant,
Parsons College, also known as Parsons College, Inc., for the
remainder thereof. L. R. Carson, Judge.
Comes now Bailey C. Webber, attorney for Continental Illinois National
Bank and Trust Company of Chicago, Trustee, and does approve the
same as to form. /Bailey C. Webber/ `
Comes now J. Carleton Starr, attorney for Parsons College, also
known as Parsons College, Inc., and does approve the same as to form. -
/J. Carleton Starr/
. Comes now Rowe and Rowe, attorneys for Wulffs Furniture, Inc., and
do approve the same as to form. I
/Thomas Rowe/
Jefferson Savings and Loan Notice of Assignment of
Association, Plaintiff Certificate of Sheriff’s
Sale
17- vs Filed November l, 1972
Parsons College, Inc.,
Defendant
To: Jefferson Savings and Loan Association, and
All junior and inferior lien holders,
Leona Genkinger, Clerk of the District Court, Jefferson County,Iowa.
Bill Angstead, Sheriff of Jefferson County, Iowa, and
To any and all other interested parties including any redeeming
party.
You and each of you are hereby notified that the Certificate of
Sheriff's Sale, issued and delivered to Robert L. Spencer and Patricia
L. Spencer, wherein they were the highest and best bidders at a -
special execution sale of Lot Two (2) and the North Ten (10) feet of
Lot Three (3) Lincoln Terrace Addition to the City of Fairfield, `
Jefferson County, Iowa, has been assigned to the Iowa State Bank and
Trust Company of Fairfield, Iowa, and that this assignment grants to
the Iowa State Bank and Trust Company of Fairfield, Iowa, all the
rights and privileges granted Robert L. Spencer and Patricia L.
Spencer as purchasers of the above referred to Certificate of Sheriff's
Sale.
A copy of the certificate of Sheriff‘s Sale referred to in this
instrument is hereby attached and made a part hereof by reference.
Robert L. Spencer
Patricia L. Spencer, Assignor .
Iowa State Bank and Trust Company
Fairfield, Iowa _
T. G. Lowenberg, Executive Vice President, Assignee
Jefferson Savings and Loan Sheriff's Sale Notice
Association, formerly known .
as Jefferson County Savings State of Iowa. Jefferson _
and Loan Association. _ County, ss.
Plaintiff Notice is Hereby Given
. That on the lst day of November
13- vs A. D., l972, at 9:00 o'clock
_A. M., at the Court House, in. I
Parsons College, a/k/a Parsons the City of Fairfield, and
College, Inc.; Continental county aforesaid, will be
Illinois National Bank and Trust sold at Public Auction, to the
Company of Chicago, Trustee; highest bidder, for cash, the
Kessler Distributing Company; following described real
Wulffs Furniture, Inc,; Robert estate, levied upon and taken
_ Spencer and Patricia Spencer, by virtue of a Special execution
husband and wife issued from the office of the
· Clerk of the District Court,
within and for the County of
Jefferson, State of Iowa, in
favor of Jefferson Savings &
Loan Association and against
the property of Parsons College,
Inc., to—wit:
Lot Two (2), and the Northirn (10) feet of Lot Three (3), Lincoln
Terrace Addition to the City of Fairfield, Jefferson County, Iowa.
or as much thereof as may be necessary to satisfy said writ of
execution and all accruing costs. Bill R. Angstead,
Sheriff of Jefferson County, Iowa.
By; Ralph M. Brown, Deputy
Dated at the Sheriff‘s Office, Fairfield, Iowa, September 27, 1972
Scott Jordan, Plaintiff's Attorney
Return of Service
State of Iowa
Jefferson County
The within notice received September 26, 1972 and I certify that on
19- September 26, 1972 I posted a true copy thereof at the front door of
the Jefferson County Court House, another at the Fairfield Police
Station and a third on a utility pole adjacent to the Post_Office. All
done in the City of Fairfield, Jefferson County, Iowa. I further
certify that I delivered a true copy thereof to the Fairfield Daily
Ledger and ordered same published once during each of the twoaweeks
immediately preceeding date of sale.
Bill R. Angstead, Sheriff
By: Ralph M. Brown, Deputy
The within notice received September 26, 1972 and I certify that I
served the same on Parsons College Inc. by personally delivering a
true copy thereof to John Amberg, registered agent and business
manager of said corporation on October l0, 1972 in the City of
Fairfield, Jefferson County. Iowa.
Bill R. Angstead, Sheriff
By: Walter E. Hill, Deputy
I, Walter E. Williams, the publisher of the Fairfield Daily Ledger
being duly sworn, say that the Fairfield Daily Ledger is a daily
- newspaper of general circulation printed in the County of Jefferson,
20- State of Iowa, and that the notice, of which a printed copy is hereto
attached was printed in said newspaper in its regular issues on the
following named dates: October 16, 1972 and October 23, 1972
Duly acknowledged by Walter E, Williams, before Lois Shields,
Notary Public Jefferson County, Iowa, on October 23, 1972. (LS)
Jefferson Savings and Loan Special Execution, 5
Association, formerly known as Sheriff's Sale and Q
Jefferson County Savings and Loan Return
Association Plaintiff Filed November 2, 1972
Whereas, Jefferson Savings
2l- vs and Loan Association, plaintiff i
heretofore filed a petition .
Parsons College, a/k/a Parsons in the District Court of the §
College, Inc.: Continental Illinois State of Iowa in and for
National Bank and Trust Company of Jefferson County, for the
Chicago, Trustee; Kessler Distributing foreclosure of a certain
Company; Wulffs Furniture, Inc.: Robert Mortgage upon the real estate
Spencer and Patricia Spencer, husband hereinafter described, making
and wife (the above named) defendants
therein; and whereas, said
Court on the 25th day of
September, A. D. 1972 at Fairfield, Iowa, rendered judgment in said
action in favor of the said plaintiff and against the said Parsons
College a/k/a Parsons College, Inc. for the sum of $8,596.66 with 6%
interest from Feb. 29, 1972 until this foreclosure action is fully
satisfied, and the further sum of $215.00 Dollars attorney fees: and
the further sum of $30.00 continuing abstract fee; $31.91 with accrued
costs of $2.00 costs of suit with interest from the date of said judg-
ment: and whereas, the said Court further rendered a decree in said
suit, forever barring and foreclosing the equity of 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 hereby commanded that the following des-
cribed real estate, situated in Jefferson County, Iowa, to—wit:
Lot Two (2), and the North Ten (10) feet of Lot Three (3), Lincoln
Terrace_Addition to the City of Fairfield, Jefferson County, Iowa
or so much thereof as may be necessary, by levy and sale, you"cause
to be made the sum of $8,596.66 with 6% interest from Feb. 29, 1972
Dollars, debt; and the further sum of $125.00 Attorney fees; and the
further sum of $30.00 abstract fee and $3l.9l Dollars costs, with
interest as aforesaid, and all legal costs accruing by virtue of this
writ, and have said moneys before said Court in seventy days from the {
dates hereof, with a return of your doings hereon.
Witness, Leona B. Genkinger, Clerk of said court, 26th .
day of September, l972. (Seal affixed)
/Leona B. Genkinger/ Clerk.
Sheriff‘s Memoranda Time of Receiving Execution ·
22- Received the within Execution on this 26th day of September, 1972 at
4:00 o'clock P. M. Bill R. Angstead, Sheriff,Jefferson County,Iowa.
By: Ralph M. Brown, Deputy
Sheriff's Return on Execution
By virtue of the above Special Execution to me directed by the Clerk
of the District Court of said County, in favor of Jefferson Savings a
23- Loan Association and against Parsons College, Inc. I did on this
26th day of September, l972, levy on the property of said defendant
_ described as follows, to—wit:
_ Lot Two (2) and the North Ten (10) feet of Lot Three (3), Lincoln
_ Terrace Addition to the City of Fairfield, Jefferson County.Iowa.
all situated in the County of Jefferson, State of Iowa.
Bill R. Angstead, Sheriff of Jefferson
County, Iowa.
Q By: Ralph M. Brown, Deputy.
l And after the said levy, and previous to offering the same for sale,
I give four weeks' notice of the time and place of said sale by posting -
up in three public places in said County, one of which was at the
place where the last term of the District Court was held, one at the
Fairfield Police Station, and one at utility pole adjacent to the
Fairfield Post Office, same being posted the 26th day of September,
24- 1972, and also publishing said notice once each week for two weeks in
the Fairfield Daily Ledger, a daily newspaper, printed and published
in said County, immediately before said sale, said notice being mailed
Z to said newspaper the 26th day of September, 1972. A true copy of the
i said notice is hereto attached, marked Exhibit "A" and made a part of
this return.
Dated this 26th day of September, 1972.
Bill R. Angstead, Sheriff of Jefferson County, Iowa
By: Ralph M. Brown, Deputy
I further certify that on this 10th day of October, 1972, I served
a notice of said sale on Parsons College, Inc. who were then in actual -
possession of said property, a true copy of which notice is hereto
attached, marked Exhibit "B" and made a part hereof.
Bill R. Angstead, Sheriff of Jefferson County, Iowa.
By: Walter E. Hill, Deputy `
And I further certify that in pursuance to said notice, I did, on
this lst day of November, A. D., 1972, at 9:00 o'c1ock A. M. of said
day, that being the time appointed for said sale at City of Fairfield
25' expose to sale at public auction, the property aforesaid, to the
highest and best bidder for cash, and the said Robert L. Spencer and
Patricia L. Spencer as joint tenants with right of survivorship bid
for said land as a whole the sum of $9,164.70 and it being thé highest
and best bid therefore, I then and there struck said land off to said
Robert L. Spencer and Patricia L. Spencer as joint tenants with right
of survivorship and not as tenants in common, and issued to Robert L.
Spencer and Patricia L. Spencer as joint tenants with right of
survivorship and not as tenants in comm u a sheriff's certificate
therefor, and of the amount so bid I
Paid plaintiff by certificate of sale —--—-— $8,949.13
Paid plaintiff's attorney fees (to clerk) - — - 125.00
Paid to clerk for abstract -—-—— 30.00
Paid Clerk costs of suit -———-——----- 31.91
Paid Clerk accrued costs —-——-—————-—— 4.00 ‘
Paid publication of notice —~—————- — - - — 14.66
Retain as my fees ------—---——---- 10.00
Total »—-——-----—-- $ 9,164.70 _
and I return this execution satisfied in full.
Bill R. Angstead, Sheriff of Jefferson County,Iowa
By: Ralph M. Brown, Deputy g
Sheriff‘s Sale Statement
` Sheriff's fees —-—--——--—— $24.66
First Judgment ----—— 8,596.66
Interest ----———--- 352.47
2G` Abstract fee -—-— 30.00
Attorney fee ---—- 125.00
Accrued costs -—-— 4.00
Court Costs - - 31.91
Total — — — $ 9,164.70
Bill R. Angstead, Sheriff of Jefferson County, Iowa
By: Ralph M. Brown, Deputy (Sold for amount to satisfy.)
Re: Entry #7 of the continuation by Jordan and Jordan, dated October
‘ 10, 1967: Joint application to remove cause from dismissal rule and -
continuance of same was filed December 22, 1972. Filed November 16,
27- 1973, Withdrawal of appearance filed by Bailey C. Webber. In Book
A-17 there appears an Order stating that"On the within application
it is hereby ordered that the withdrawal application by Bailey C.
Webber, for and in behalf of Parsons College, be and the same is
hereby authorized. Signed: November 15, 1973 _
Ira F. Morrison, Judge. _
28_ Re: Entry # B of the continuation by Jordan and Jordan, dated October
10, 1967: Trial and Decree - Judgment entered and released.
Bill R. Angstead, Sheriff's Deed
Sheriff of Jefferson Dated November 2, 1973
County, Iowa Filed November 5, 1973
E g Book 151 page 328 l
1 29- to Conveys:
Z For the sum of $8,596.66
Rebert L- Spencer end Lau we {2; and the mmm
Z Patricia. L. SpBHC€I,hu$bBnd and wife, Ten feet; Of Three
and HO`; BS tBI`lal’1tB in OOHUIIOH. to the Of Fairfield.
Jefferson County, Iowa.
Duly acknowledged November 2, 1973 by Bill R. Angstead, Sheriff
I of Jefferson County, Iowa, before Leona B. Genkinger, Notary Public n
Jefferson County, Iowa. (LS) ‘
_ Across the margin of mortgage record Book B4 at page 362 there appears
this notation: "For Foreclosure of this mortgage see Miscellaneous
Record 147 at page 739“.
Miscellaneous Record Book 147 page 739, shows as follows:
"The mortgage found in Book 84 at page 362 merged in judgment the
30- third calendar quarter of the District Court of Iowa.
Decree dated September 25, 1972.
of Record in District Court record A16 at page 260 in the office
of the Clerk of District Court.“
Leona B. Genkinger, Clerk of District Court.
Jetteraon Coudty s•v1¤g•» Amended an S¤hatltuted” ‘ awjg
_ and Loan Association Articles ot Incorporation · _jg§§j
g ‘ Dated January 20, 1972 N,§§§?
5 Bl' to Filed earch 24, 1972 " jjggiy
E _ ° apex 147 at page 513 ·i§%§®o
g· - The Public Section 1. %jv§§T
§ ` name and Place of ¤u¤lne•a.. i§§§Q ‘·_-·:
E , The name of this Association g§§§
{ · . shell be the Jeitexaon. `_{§g§<
§‘ - l Savings and Loan A»¤¤¤i¤¤&¤¤_?¥§@;
P. n · n · I .I'1\1t,\.l81 B8$I IRB ti t\1t1G$i`
_ I ‘ _ and its principal place of '@@§f*
; buaiueee.ehal1 be ln the_clty'o£ Fairfield ln the County of Jeffez- "@QQ;
? l son, ln the State of xowaw A_bxa¤ch office shall be located within Q§§§
f- ona•hal£ mile of the center of the downtown business district Ln the·T§§§g
Q City of Centerville, County of Appanooee in the State of Iowa. Any @§g;·
ii _ accurlty instruments to which the association is e pexty shall ”§E§_
=_-`._-
‘ identity lt as a *nutua1 bepoalt 1¤et1tut1on“. - §T§{
, Ba lt rurther Resolved, that the Pr eideot an Seczeta y of this f§§;'
Q? Association he and they axe hereby authorized and directed to eign. {QQ;
Q ack¤¤wledge,·:ecord an do any and all things which are zaqulred by A&§Q
i- law to be executed.-complete and carry into affect the above · `‘`` °§E
Ti resolution and to execute and ackpoileege the Amendment to the Axt1cl¢i*?@
fg ‘ of incorporation n w dopted. . ·?
g This instrument recorded in ook 26 at page 353 on february l0, 1972 -§
` filed by Jefferson County Savings and Loan Aeeoo1at£¤¤• Eal:£1•ld,1¤¤I» _Q
-‘ ._‘ Melvin Synnoret, Secretary of State of Iowa.
We find no Judgments in the District Court of Jefferson County, Iowa, within the
ten
years last past, affecting the title to the premises described in the caption
hereof.
The land described in the caption of this continuation may or may not be subject
to the
provisions of Chapter 148 of the 56th General Assembly of the State of iowa and
future amend-
ments thereto which is relative to controlled acoess facilities regarding
highways and notice is
hereby given that said land may be subiect to said Chapter and all persons
relying on this eer-
3.3 - tlficate shall govern themselves accordingly. The property included in
this abstfact;
is subject to a zoning ordinance duly filed by the City of Fairfield on February
23, 1968 in Miscellaneous Record_142, pages 314 - 342. You should examine the
same to determine its effect upon your real estate. .
_ No suits Pending.
_ No Mechanics Liens or Attachments.
` No unredeemed Tax Sales on Treasurar's Index.
;.·_3 _. Taxes for the year. 1972 due in 1973 - appears of record as tax exempt.
No delinquent Personal Taxes.
_ No unpaid Old Age Assistance Tax.
_ No Liens for Institutional Care.
No unpaid Special Assessments.
··—--·—-—• Q
STATE OF IOWA, Jefferson County ss:
We hereby Certify, That the foregoing is a full, complete, and correct
Continuation of
Abstract of Title to real estate described in the caption hereof, as the same
appears of record
or on file in said county, from the--.:l:QlEl}... day
of.......9..'::..l:;9.l?£.€....r......e.............-.—, `|9.§?~,
at.-..:la2-3.4.5o'clockl-.?;-_--M., down to this...§.¥§-----day
of-.P..'E§.9.2T..ll2.‘§‘..l?...,,..-._.-..., i9-Z.§., I
at---§.EoQ9.-.o'c|ock-..l.§.3.-,.. .... M.
oaisa at razrtisia, Iowa, 1i·.as--EE.‘i ...... a ay sro- D‘·*S.$‘ll?."?Er.......-.l-._e-------..--,
l
l9--3§-. K E .
lh ecnmruans or truss _
CONTINUATION OF ABSTRACT OF TITLE
TO .
Lot Two (2) and the North Ten (10) feet of
, Lot Three (3) Lincoln Terrace Addition to the
City of Fairfield, Jefferson county, Iowa.
- - - - - - - -
Robert L. Spencer and Warranty Deed
Patricia L. Spencer, Dated December 11, 1973
husband and wife Filed December 11, 1973
Book 151 page 387
‘1— to Lot Two (2) and the North
Ten (10) feet of Lot Three
Charles E. Bradley and (3) Lincoln Terrace Addition
Janet E. Bradley, husband to the City of Fairfield,
and wife Jefferson County, Iowa.
Transfer stamps in the
` sum of $23.65 affixed and
cancelled.
Duly acknowledged December ll, 1973 before Scott Jordan, Notary
Public in and for Jefferson County, Iowa. (LS) l
Charles E. Bradley and Mortgage
Janet E. Bradley, husband Dated December 11, 1973
and wife Filed December ll, 1973
Book 97 at page 936
2- to _ Lot Two (2) and the North
Ten (10) feet of Lot Three
Lj" Jefferson Savings and Loan (3) Lincoln Terrace Addition
Association to the City of Fairfield,
Fairfield, Iowa Jefferson County, Iowa.
Given to secure payment of
$18,000.00.
Duly acknowledged December 11,
1973, before Elaine Boysel,
Notary Public in and for
Jefferson County, Iowa. (LS)
We find no Judgments in the District Court of Jefferson County, Icwe. within the
ten
years last past, affecting the title to the premises described in the caption
hereof.
The land described In the caption of this continuation may or may not be subiect
to theq
provisions of Chapter 148 of the 56th General Assembly of the State of Iowa and
future amend-
ments thereto which is relative to controlled access facilities regarding
highways and notice is
hereby given that said land may be subiect to said Chapter and all persons
relying on this cer-
tificate shall govern themselves accordingly.
No suits Pending. f
No Mechanics Liens or Attachments.
No unredeemed Tax Sales on Treasurer's Index.
Taxes for the year. 1.972 due in 1973 - paid in full.
I
No delinquent Personal Taxes.
No unpaid Old Age Assistance Tax.
No Liens for Institutional Care.
No unpaid Special Assessments. I
STATE OF IOWA, Jefferson County ss:
We hereby Certify, That the foregoing is a full, complete, and correct
Continuation of
Abstract of Title to real estate described in the caption hereof, as the same
appears of record
or on file In said county, from the ...... day of----..IE`EEfIif?€;.-- ........
-... .... .. .... .., 19..._2.?’
at.§.E..gQ..—o'c|ock..-.·?;:..-Jv'i., down to .... day of ....
.]2$gEmf?.`?.¥.,.. ...... .,.-, 19--2.2.,
at--é-E-3..Q--o‘clock .... ..-..E-:--M.
osisa si Fairfield, laws, mas----.ll.i;.i?a¤y of ...... Qs;. 23ii9.€-is-
............ - ...... -------..-,
19--.22..
C"" ``-`-` ` ````*-" ` ` _@"E?ntie"""""`“
ff ;
-2-
CONTINUATION OF ABSTRACT OF TITLE
T0 _
1- Lot Two (2) and the North Ten (1.0) feet of Lot Three (3) -;
Lincoln Terrace Addition to the City of Fairfield, Jefferson -
County, Iowa.
Made for Charles E. Bradley
Jefferson Savings & Loan CERTIFICATE OF AMENDMENT AND
Association of Fairfield, MERGER AGREEMENT
Iowa, Dated: August 17, 1981
_ Filed: October 26, 1981
Q 2_ to Recorded: Miscellaneous Record 166
at page 549 ¤
The Public Recites in part:
"MERGER AGREEMENT"
This Agreement, made and executed August 16, 1981, by and
between UNITED FEDERAL SAVINGS AND LOAN ASSOCIATION OF DES MOINES,
Des Moines, Iowa, being authorized and existing under the laws of the
United States of America, (hereinafter referred to as "Resulting
Association"), and JEFFERSON SAVINGS AND LOAN ASSOCIATION, Fairfield,
Iowa, being authorized and existing under the laws of the State of
Iowa, (hereinafter referred to as "Merging Association"), which
contracting parties are hereinafter referred to as "merged association".
* w w
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, and of the mutual advantages to be
3- derived therefgrm, the parties hereto do hereby agree as follows:
1. The name, style and title of the Resulting Association
into which Merging Association is merged, shall be UNITED FEDERAL
SAVINGS AND LOAN ASSOCIATION OF DES MOINES, Des Moines, Iowa.
w * w
8. Upon the effective date of such merger, all of the assets
and property of every kind and character, real, personal and mixed,
tangible and intangible, choses in action, rights and credits then
owned by the Merging Association, or which inure to it, shall im-
mediately by operation of law and without any conveyance or transfer
and without any further act or deed, be vested in and become the
property of the Resulting Association, which shall have, hold and
enjoy the same in its own right as fully and to the same extent as
if the same had been possessed, held and enjoyed by it prior to such
4- merger: and the Resulting Association shall be a continuation of the
entity and identity of UNITED FEDERAL SAVINGS AND LOAN ASSOCIATION
OF DES MOINES, Des Moines, Iowa, and all of the rights and obligations
of such association shall remain unimpaired. It is the purpose and
intent of this agreement, as herein set forth, to provide for the merger
of the Merging Association with the Resulting Association. All rights
and remedies of creditors, and all liens upon the property of the
merged associations, shall be preserved and unimpaired, and all debts,
liabilities and duties of the respective merged association shall
thenceforth attach to the Resulting Association, and may be enforced
against it to the same extent as if such debts, liabilities and
duties have been incurred or contracted by it. Upon such merger, all
property rights formerly held by JEFFERSON SAVINGS AND LOAN ASSOCIATION,
Fairfield, Iowa, shall be, and shall continue to be fully and auto-
matically vested in said UNITED FEDERAL SAVINGS AND LOAN ASSOCIATION
OF DES MOINES, Des Moines, Iowa, shall continue to be vested in it,
as hereinbefore stated. .
* * * * .
Signed JEFFERSON SAVINGS AND LOAN ASSOCIATION by Gordon E.
Aistrope, President: Rick L. Brown, Vice President/Secretary with
their signatures being duly acknowledged before Roberta L. Ulm,
Notary Public in and for the State of Iowa. (LS) NOTE: The corporate
seal of Jefferson Savings and Loan Association as referred to in the
5* acknowledgment is not affixed.
Signed UNITED FEDERAL SAVINGS AND LOAN ASSOCIATION OF DES MOINES
by Joseph L. Strasser, Chairman of the Board and Chief Executive Officer;
Donald L. Cook, President and Chief Operating officer, their signatures
being duly acknowledged in corporate form. Corporate and notarial l I
seals affixed
STATE OF IOWA ) (Continued as a part of the l
) ss: "MERGER AGREEMENT") i
COUNTY OF POLK) g
It is hereby certified that the instrument to which this
certificate is affixed has been approved by the Executive Council
as required by Chapter 534, Code of Iowa, 1981, this Sth day of
September, 1981.
EXECUTIVE COUNCIL OF IOWA
By: W. C. Wellman
OFFICE OF THE SECRETARY OF STATE
This instrument recorded in Book P-38, Page 152, September 29,
1981 — Expires Perpetual - Cert. No. 41533 - Filed by Jefferson
Savings and Loan Association, Fairfield, Iowa. '
Sg/ Mary Jane Odell
Secretary of State
UNITED FEDERAL SAVINGS AND LOAN CERTIFICATE
ASSOCIATION OF DES MOINES Dated: October 24, 1981
By: D. H. Payne, Secretary, Filed: October 28, 1981
Recorded: Miscellaneous Record 166
to at page 568
Recites in part:
The Public STATE OF IOWA)
COUNTY OF POLK)
I, D. H. Payne, being first duly sworn on oath, depose and state
that I am the duly elected, qualified and acting Secretary of United
Federal Savings and Loan Association of Des Moines.
7 I further state that I am familiar with and have constant
` access to the records of said Association, and that on January 10,
1981, a resolution was passed by the Board of Directors of said
Association, which stated as follows:
BE IT RESOLVED that any two of the following Officers — Joseph
L. Strasser - Chairman of the Board: Donald L. Cook — President:
Greg Strasser — Executive Vice President: D. H. Payne — Senior Vice
President/Secretary: Delbert F. Reetz - Senior vice President/Comptroller:_
and Maurice L. Fisher - Senior Vice President/Treasurer: of the '
Association, be authorized to execute notes and collateral assignments ,
to the Federal Home Loan Bank as well as all other instruments con- -
veying real estate or other legal instruments necessary for the ’
operation of the Association. `
BE IT RESOLVED that the Chairman of the Board - Joseph L. ‘
Strasser: President — Donald L. Cook: Executive Vice President -
Greg Strasser: Senior Vice President and Secretary — D. H. Payne:
Senior Vice President and Comptroller — Delbert F. Reetz: Senior
Vice President and Treasurer - Maurice L. Fisher: or the Association‘s
Vice President - Lawrence E. James: or the Association‘s Assistant
Vice Presidents — Mark Johnson or Kevin Kuiper: or the Association's
Assistant Secretaries — Beverly Gournas or Patricia A. Reichert: be
authorized to release mortgages of the Association.
BE IT RESOLVED that the Chairman of the Board or President or
the Executive Vice President or any of the Senior Vice Presidents be
authorized to endorse Notes, make assignments and execute such papers
as is necessary to submit claim in behalf of the Association to the
I Federal Housing Administration for reimbursement on improvement loans _
or to the Health, Education and Welfare Department for reimbursement
on Education Loans.
(Continued)
CERTIFICATE (Continued)
BE IT FURTHER RESOLVED that said parties be authorized to
release in the County of record any Notice of Lien or similar _
encumbrance executed in connection with property improvement loans. I
BE IT FURTHER RESOLVED that on September 24, 1981 a Resolution
was passed by the Board of Directors of said Association which_states
that Gordon E. Aistrope — Vice President; or Roberta L. Ulm be`
authorized to release mortgages of the Association.
BE IT FURTHER RESOLVED that these Resolutions be binding
upon the Association until such time as Resolution of the Board of n
Directors of the Association be passed by recordation in the County
Recorder's Office in Polk County, Iowa.
As Secretary of said Association, I hereby certify that the
above Resolutions were duly passed by United Federal Savings and
Loan Association of Des Moines on January l0, 1981 and on September 24,
1981, respectively, and are in full force and effect at the time of
this certification. -
Duly verified with corporate and notarial seals affixed.
That mortgage°given by Charles E. Bradley and spouse to Jefferson
8- Savings and Loan Association, dated and filed December ll, 1973 and
recorded in mortgage book 97, page 936, remains unreleased of record.
We find no Judgments in the District Court of Jefferson County, Iowa, within the
ten
years last past, affecting the title to the premises described in the caption
hereof, and against
the following individuals: Charles E. Bradley p
Janet E. Bradley n
The land described in the caption of this continuation may or may not be subject
to the
provisions of Chapter 148 of the 56th General Assembly of the State of Iowa and
future amend-
ments thereto which is relative to controlled access facilities regarding
highways and notice y
is hereby given that said land may be subiect to said Chapter and all persons
relying on this
certificate shall govern themselves accordingly. '
No suits pending. l
No Mechanic’s Liens _or Attachments. `
No unredeemed Tax Sales on Treasurer’s Index.
Taxes for the year.
1981-82 Taxes: ,
First Half: `$297.33 paid
Second Half: $297.32 paid
· No delinquent P•=r$¤¤¤l 'i¤><¤¤· Except Dog tax 1974: $4.00 not paid. -
No unpaid Old Age Assistance Tax.
l No Liens for institutional Care.
' _No unpaid Special Assessments. l _ _
The property included in this abstract; if within the corporate limits of
Fairfield, Iowa, l
is subiect to a Zoning Ordinance filed in` the Office of Jefferson County
Recorder. You should
examine same to determine its effect upon this property.
STATE OF IOWA, Jefferson County ss: ·
l We hereby Certify, That the foregoing is a full, complete, and correct
Continuation of `
Abstract of Title to real estate described in the caption hereof, as the same
appears of record
or on rats in esta manly, from ti~.s--.lLLi;ki--say ar_Q•;=.eme.r.#.---...----,
19.2.3--, r .
at...-{L:-3.0--o‘cIock--..#jE,---M., clown to this- -LZLb.,day of-....MH.§E.._..........-_.,
l-9 B2;
{ at...d;Z..·3.-Q...o'clock .... ....-P.a--M. - I
Dated at Fairfield, Iowa, this-_-.;l;§-Eh, _day of_.-,- -.
_.________________,-*,___e_,._____,, L
82 -J-}______--, . ..--, -\ ;
19........ -»
·- JL? J _//
CONTINUATION OF ABSTRACT OF TITLE
TO
1- Lot Two (2) and the North Ten {10) feet of LOt Three(3) l
‘ Lincoln Terrace Addition to the City of Fairfield, JefEerson
County, Iowa. T
2- Charles E. Bradley WARRANTY DEED
. and Janet E. Dated: June 29, 1982 _
Bradley, husband Filed: July 1, 1982 `
and wife, Deed Record 155 at
page 550
` to Conveys property
· described in caption
Stuart Rothenberg
and Joan Rothen-
berg, husband and wife
_ as joint tenants with
right of survivorship,
and not as tenants in
. common. ·
2- United Federal Savings RELEASE
and Loan Association of Dated: July 2, 1982
Des Moines Filed: July l2, 1982
Book 21, page 518
to
Charles E. Bradley and ‘
Janet E. Bradley
Releases mortgage recorded in Book 97 of Mortgages, page
number 936.
Acknowledged in corporate form by Roberta L. Ulm, Branch
Manager.
3- Stuart Rothenberg l MORTGAGE
and Joan Rothenberg, Dated: July 1, 1982
\ husband and wife, Filed: July 1, 1982
» Mortgage Record 110
nd to on page 717
Enumbers the pro-
Union Bank and Trust perty described in
Company, Ottumwa, Iowa caption _
Consideration
‘$63,900.
Recites: The promissory note above referred to is dated
` 7/1/82 and is due 7/1/87.
Limit of open end feature is $65,000.
Contains Acceleration Clause
4- Stuart Rothenberg MORTGAGE E
and Joan Rothenberg, Dated: July 23,1982
husband and wife, Filed: July 29,1982
Mortgage Record 110
__ ___‘· to on page 768
" Enumbers the pro-
Union Bank and Trust perty described in
Company, Ottumwa, Iowa caption
Consideration
$10,000.
Recites: The promissory note above referred to is dated
7/23, 1982 and is due on demand.
; Limit of open end feature is $20,000.
Contains Acceleration Clause
The land described in the caption of this continuation may or may not be _
subject to the provisions of Chapter 306A of the 1977 Code of Iowa which is
relative to controlled access facilities regarding highways and notice is .
hereby given that said land may be subject to said Chapter and all persons
relying on this certificate shall govern themselves accordingly. a
we find no Judgments in the District Court of Jefferson County, Iowa,
within the ten years last past, affecting the title to the premises described
in the caption hereof.
No pending suit entered in the Lis Pendens Docket.
No Mechanic's Liens or Attachments.
No unredeemed Tax Sales on Treasurer's Index. ’ H
No Income Tax Liens.
Taxes: Fiscal 198}-h. _ * ‘-
wires hair ii-298-73 pam
= Second half ?;298.'?2 due but not delinquent
No other taxes, penalty or interest for prior year is unpaid.
No delinquent personal property taxes.
No unpaid Old Age Assistance Tax. q
No Liens for Institutional Care.
NO unpaid special Assessments. we do not certify as to assessments, if-
any, not yet certified to the Office of Jefferson County Auditor by any levying
_
municipality cr other office. I
If the real estate covered by this abstract is located in the corporate
limits of the city of Fairfield, you should satisfy yourself concerning the
zoning ordinance affecting the same. _
It is certified that unless otherwise shown, achnowledgements of all ` .
instruments are in legal form and that, except as shown above there*ere no
other matters that are liens against or affect the title to the above described
premises, as shown by the public records and files of Jefferson_County, against:
Charles ?Er·adley,*jJanet E. Bradley, Stuart Rothenberg, Joan ·
Rothenberg ._ —-- ‘
****************************
*
STATE OF IOWA, JEFFERSON COUNTY, ss:
• .
I hereby certify, that the foregoing is a full, complete and correct
Continuation of Abstract of Title to real estate described in the caption
hereof, as the same appears of record or on file in said County from the
12th day of May, 1982 atlhjg ppg; down to this Elth clay of October
1982 at 3:30 PM
Dated at Fairfield, Iowa, this Pith day of October, 1982
l
7
-~ · j
/;%§é 5 dif 6??é i
. BERNARD A. NEVAS ‘
Attorney·At-Law ‘ _ ...- ~
|_ P.O. Box 992
Fairfield, Iowa 52556
CONTINUATION OF ABSTRACT OF TITLE
TO
Lot Two (2) and the North Ten (10)
feet of Lot Three (3), Lincoln Terrace
Addition to the City of Fairfield,
Jefferson County, Iowa.
Made for
Stuart Rothenberg and Joan Rothenberg
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
-1-
2- That certain Mortgage given by Stuart Rothenberg and Joan Rothenbers,
husband and wife, to Union Bank and Trust Company, dated and filed July I
1, 1982 and recorded in Mortgage Record 110 at page 717 REMAINS UNASSIGN
ED AND UNRELEASED OF RECORD.
3- That certain Mortgage given by Stuart Rothenberg and Joan Rothenberi, _
husband and wife, to Union Bank and Trust Company, dated July 23, 1982, `
filed July 29, 1982 and recorded in Mortgage Record 110 at page 768 RE-
MAINS UNASSIGNED AND UNRELEASED OF RECORD.
City of Fairfield, Iowa City Zoning Ordinance No, 645
Passed April 20, 1982
4- to Published June 26, 1982
Filed September 27, 1982
The Public Recorded in Miscellaneous
Record 167, page 472.
The property being abst-
racted appears tc be within
the R—2 General Residence District according to the plat filed in conn-
ection with the ordinance, and your attention is called to limitations
contained in said ordinance.
Your attention is further called to any amendments or changes in
the district which will be a matter of record in the office of the City
Clerk where the “OffiCial Zoning District Map of the City of Fairfield,
Iowa" is kept and which will show the current zoning status of the
property.
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
-2-
5- 1984 fiscal year real estate taxes payable in 1985 and l985,
first half in the amount 0f $456.00, paid October 1, 1985, and
second half in the amount of $456.00, unpaid, due but not
delinquent.
STATE OF IOWA, JEFFERSON COUNTY-ss.
The undersigned hereby certitlas that the fO`|.'F.'.g'0i`I1g..... ..... 5 .-...
....... entries, numbered from,. ..... ZL ....... to -..--...§....., inclusive,
on
- .......... 3i....-.....,-..sheet,s, contain a full and complete Abstract of
everything filed or entered in the public records of Jectfernon
County, Iowa, which in any way affects the title to the real property described
in the caption hacraocf,
from the........§.1Z.1`.1 ........... day of ........... ..-..QQiI.Q.D.€¥.£
..... .. ............... A. D., at. ...........
..§..;Q'.....................0’c1ock...-...E..1-.1[.
to me .......... §.l.§.3; ......,... day of ........... .. .... .... ,. .....
-.A. D., 1s..§.€>..... ..., at ........... 5;.3.9...- ....... . .......
¤·¤1¤q;...--£.;-.m.
Without in any wa limiting or enlarginfg the foregoing certificate it is
certified, unless otherwise shown, that the public I
files and records of sell County disclose ai acting Ché title:-
Nu deeds, mortgages, contracts, leases, easements or other conveyances, liens or
encumbrances;
No Probate or other court proceedings;
Ig: levies, attachments cr executions entered in the encumbrance book in the
office of the Clerk of the District Court of
'd cunt ;
sm No ungaid taxes, suspended taxes, not unrcdcemcd tax sales; .
No unpaid special assessments which have been certified to the County Auditor;
No clmms entered in the cla.ima.nt‘s book;
N0 marginal notations made, or extension agreements filed;
No ending suit entered in the Lis pendems Docket under the provisions of the
Statutes of Iowa;
No gens for assistance of owner or spouse created pursuant to the provisions of
Section 230.25 of the Code of Iowa;
No resolution of necessity or resolution directing the construction or repair of
public improvements as provided by Chap-
ter 391 and no certificate of evy as provided by Chapter 339, ¤f_th¤ Code of
Iowa, is on his with the County Auditor;
No material discrepancy between the index and the recorded mst.1·umcnt;
1dNo cisrtiiicate to County Recorder pursuant to Section 366.12 of the Code of
Iowa establishing any restricted district or
bui ing ines;
No condemnation proceedings in exercise of thc right of eminent domain pursuant
to the provisions of Chapter 472 of the
Code of Iowa is recorded in the office of the Recorder of said County;
Ancient mortgages and related matters are omitted pur suzmt to Standards 1.9,
10.4 and 10.5 — 5th Edition -— Iowa
; Land Title Examination Standards.
This property muy he subject to the provisions of Chapter 148 of the 56th Iowa.
General Assembly and future amendments
thereto relative to controlled access facihties regarding highways. All persons
relying on this certificate shall govern them-
selves accordingly.
It is certified that unless otherwise shown, acknowledgements of all instruments
are in legal form; and there are no un-
sid persona} taxes, State income tax 1111.%, sales tax liens, old age assistance
liens, State Inheritance Tax liens, Federal tax
Eiens, unsatisfied judgments, attachments, mechanic? liens, transcripts of
bankruptcy procoedin s and ttansctl ts of judg-
ments from United States District and Circuit Courts that are liens against or
affect the title to tie above descrlgad premises.
as shown by public records and files of said County, against
.... 13s2;.h.¢zst112s;;¤-: ..... ....... - ...................... _
....................................._ _ ._____ _ ______ _ _,____
`'``` " ``'` "`T1-m" ````“ `i`;"`1“§i§i?E:“`B1aE`“““r~i`“11x1¤"“““” Exm;>"'1N"'Z1E
1=1-2 .
....... Q 2:*52:% ......... L .............. _ ............. i ....... ,
.......... ,. ..... , ...... , ...... - ...... - ...,... ,,,,,, _________
The liability under this certificate shall be no greater than that which the law
generally imputes to an abstracter.
Dated at Fairfield, Iowa, 1:his-..--.$]€.i}.-.da,y of ........... .. ...... ..·l§I!.P.*E£Y
............... -... .......... ...-., .....,,,,,, ,,,,, ,,,,,,,, _,_,,_,__A,
1),, 19___§_§___
i RULE JJ,
Q J?
`*<‘ 6
*¤riimfFH—w
*5 3*.25 Q
*_ .·..¢.......·~1....~..i;:'#qa'.
f
Q! QF _.--
SIMMONS ABST _ COMPANY ` /2
w
o {LZ-
By ........ .,............ l ... ....... .. ........ ..-... .......... .... .
......
{ ‘ Insured Abstrac .
cj)
We own and operate the only complete set of Abstract Books In Jefferson County — Maintained Daily
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
We are members in good standing of the Iowa Title Association and lhs American
Title Association
CONTINUATION OF ABSTRACT OF TITLE
Lot: Two (2) and the North Ten (10) feet: of Lot Three
(3), Lincoln Terrace Addition to the City of Fairfield, _.
J€ff&]'.'SOt1 C01.1'I.'|.IIy', Iowa. ..`..
Made for Stuart and Joan Rothenberg
to
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
-1-
Stuart Rothenberg and Joan - Mortgage
Pothenberg, husband and wife Dated February 28, 1986 ; pf
Filed March 6, 1986 ff;
2- to Recorded in Mortgage Record 120, page 203.
Conveys:
iirst Central Mortgage and the following described property
Investment Corporation located in Jefferson County, Iowa:
Lot Two (2) and the North Ten (10)
feet of Lot Three (3), Lincoln Terrace-Additi•n
to the City of Fairfield, Jefferson County,
Iowa
Given to secure $73,600.00 payable according to note with a final“due date
of March 1, 2016.
Pledges rents, issues and profits and provides for the appointment of a
receiver.
Acknowledged February 28, 1986 by Stuart Rothenberg and Joan Rothenberg,
husband and wife, before Charlotte M. Fleig, Notary Public, Jefferson County,
Iowa. (LSI
FIRST CENTRAL MORTGAGE AND - ASSIGNM NT
INVESTM NT CORPORATION Dated February 28, 1986 - :
By Edward G. Smyth, III Filed March 6, 1986 `
President Recorded in Release and Assignm nt Record 24,
ATTEST Jeffrey Backstrom page 448. -
Assistant Secretary Recites:
‘ ****: That FIRST CENTRAL MORTGAGE AN!
3- to INVESTMENT CORPORATION, a corporation **** of
State of Iowa, **** has granted, bargained,
FirsTier Mortgage Co. . sold, assigned, transferred and set over unto
_ FirsTier Mortgage Cog, a company **** of the
state of Nebraska.
****, its successors and assigns, a certain indenture of mortgage dated the 28th
day of
February A.D. 1986, made by Stuart Rothenberg and Joan Rothenberg, husband and
wife to
it, securing the payment of one promissory note therin described for the sum of
seventy—
three thousand six hundred and nof100ths dollars, ($73,600.00) and all its
right, title,
, and interest in and to the premises situated in the County of Jefferson, State
of Iowa,
‘ and described in said mortgage as follows, to-wit:
Lot Two (2) and the North Ten (10) feet of Lot Three (3), Lincoln
Terrace Addition to the City of Fairfield, Jefferson County, Iowa.
which said mortgage is recorded in the office of the recorder of Jefferson
County, in t a
State of Iowa, in Book N0. 120, Page 203, Document No. 2514 together with the
said note
therein described and more due or to grow due thereon, with the interest:
sees
Acknowledged February 28, 1986 by Edward G. Smyth, III President, and
Jeffrey Backstrom Assistant Secretary, before CharlotteUM. Rleig, Notary
Public,fJeffer=»n
County, Iowa. (LS)
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
-2-
UNION BANK AND TRUST COMPANY RELEASE .
RY: Bernard K. Huston, Senior Dated March 6, 1986
Vice President Filed March 10, 1986 “
Recorded in Release and Assignment Record 24,
4- to page 455.
Recites:
- ~tuart Rothenberg and Joan The debt secured by a certain Mortgage.
P•thenberg, husband and wife, ‘ dated the 23rd day of July A.D. 1982, execute!
· by Stuart Rothenberg and Joan Rothenberg,
husband and wife, and recorded in the
‘ recorder's office of Jefferson County, in
Rook 110 of Mortgages at page 768 having been fully paid, said mortgage is
hereby releas=d
-nd discharged. ****
Corporate acknowledgm nt March 6, 1986 by Bernard K. Huston, Senior Vice
President of said corporation before Michel Harrod, Notary Public, Wapello
County, Iowa.
Corporate and notarial seals affixed.
UNION BANK AND TRUST COMPANY RELEASE
BY: Bernard K. Huston, Senior Dated March 6, 1986
Vice President Filed March 10, 1986
Recorded in Release and Assignment Record 24,
5* to page 456.
Recites:
Stuart Rothenberg and Joan The debt secured by a certain Mortgage
Rothenberg, husband and wife, dated the lst day of July A.D. 1982, execute-
by Stuart Rothenberg and Joan Rothenberg,
husband and wife, and recorded in the
recorder's office of Jefferson County, in
Book 110 of Mortgages at page 717 having bee
fully paid, said mortgage is hereby released and discharged. ****
· Corporate acknowledgment March 6, 1986 by Bernard K. Huston, Senior Vice
President of said corporation, before Michel Harrod, Notary Public, Wapello
County, low:
Corporate and notarial seals affixed.
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
-3-
6- The 1984 fiscal year real estate taxes due and payable in 1985 and
1986 are paid in full.
STATE OF IOWA, JEFFERSON COUNTY-ss. `
The undersigned hereby certifies that the f0I‘EQOi1'1§.........--.
......@...-o11trics, numbered f1·0m....J.... ....... to .-..-5........,
inclusive, on
,,_ _____,__ ,,_€t, ..,.,, ,,,,,,,,,aheet,s, contain a, full and complete
Abstract of everything filed or entered in the public records oc! Jefferson
County, Iowa, which in any way affects the title to tha real property described
in the caption hereof,
mm ene...-..2t1,s;-- ....... my ox,.-T.anua.:r:x ................ .....
.......... -...A. 11., 19...-86.... ..., ¤t..---.A;3Q-.-..- ...... - ....... ¤
·¤1¤¢1¤R...-....11.
to the ,________ ,,,2,1.51; ......., day of ..... .A;p1::L1 ............ -.....
......... ....... ..... ...A. D., 19..-86......., at ..... ..44..:.31]..---
................... o ’cIock.E.............M.
Without in any wg? limiting or anlarggafg th foregoing certificate it is
certified, unless otherwise shown, that tho public
files and records of s d County disclose acting the t1t.1e:—
No deeds, mortgages, contracts, leases, easements or other ccnvayancos, lions or
encumbrances;
No Probate or other court proceedings;
No Iovios, attachments or executions entered in the ancumbrance book in the
office of the Clerk of the District Court. of
aid C0 ty;
5 Nouolnpoid taxes, suspended taxes, nor unredaemed tax sales;
No unpaid special assessments which have been certified to the County Auditor;
N0 claims entered in the claima11t’s book;
No marginal notations made, or extension agreements filed;
No ending suit entered in the Lis pcndcna Docket under the provisions of ighp
Statutes of Iowa;
No {liens for assistance of owner 01* spouse created pursuant to the provisions
of Section 230.25 of the Code of Iowa;
No resolution of nocessit 01* resolution directing the construction or repair of
public improvements as provided by Chap-
ter 391 and no certiiicate of Kew as provided by Chapter 389, of_the Code of
Iowa, is on fnle with the County Auditor; -
No material discrepancy between the index and the recorded mstrumefnt;
b _ld1;I¤ cfrtificate to County Recorder pursuant tn Section 366.12 of the Coda
of Iowa establishing any restricted district or
nu ng mcs;
N0 condemnation dproceodings in exercise of the right of eminent domain pursuant
to tho provisions of Chapter 472 of tho
Code of Iowa is recur ad in the office of the Recorder of said County;
‘ Ancient mortgages and related matters are omitted pursuant to Standards 1.9,
10.4 and 10.5 — 5th Edition —— Iowa
Land Title Examination Standards.
This rcporty may be subject to the provisions of Chapter 148 of the 56th Iowa
General Assembly and future amendments
thereto I‘E€8.t1VB to controlled access zfacihties regarding highways. All
persona relying on this certificate shall govern thom-
selves accordingly.
It is certified that unlpss otherwise shown, acknowledgments of all instruments
are in legal form- and there are no un-
paid personal taxes, State mcomo tax hens, sales tax liens, old age assistance
Hens, State Inheritance Tax liens, Federal tax
`ans, unsatisfied judgments, attachments, mochamics’ liens, transcripts of
bankruptcy proceedings and irransori ts of judg-
ments from United States District and Circuit Courts that are lions against or
affect the title to the above deacrilzzd premises.
as shown by public records and fxles of said County, against
Stuart Roghenberg; Joan Rothenberg;
WE DO NOT CERTIFY AS TO SUPPORT LIENS
UNLESS THEY HAVE BEEN INDEXED IN JEFFERSON COUNTY.
RE: 624.24 1985 Code of Iowa
The liability under this certificate shall be no greater than that which the law
generally imputes to an abstractor.
Dated at Fairfield, Iowa, this.,-..2.2D.d..dny of ........ ..AQIZ1.J.
........... ........ .............. .. ...... .... .... ...... .... .. ......
....,.,,,,,.,.,,_,_,_A, 1),, 19___§§_,,,
QYILE JJ,
® J5
`F Qt
1 as a
J E
J’¢t’0Eu*»“
- SIMMONS BST CT COMPANY
,_.. By- .... .... . .... ......... - ....... -.--- ..........
..................... _
We own and operate the only complete set of Abstract Books In Jefferson County — Maintained Daily
SIMMONS ABSTRACT COMPANY - FAIRFIELD, IOWA
We are members in good standing of the Iowa Title Association and tho American
1'itIo Association
-4-
CONTINUATION
OF
ABSTRACT OF TITLE
TO
1- Lot Two (2) and the North Ten (10) feet of Lot Three (3), Lincoln Terrace
Addition to the
City of Fairfield, Jefferson County, Iowa.
2- Firstier Mortgage Co., By: Jan Dunn, Assignment ..
Vice President, Attest: Sheila Spry, Dated June 6, 1988
Assistant Secretary Filed July 21, 1988
Assignment Book 26, page 880
to Assigns the mortgage tiled in Mortgage
Book 120, page 203.
Leader Federal Savings and Loan
Association
3— Leader Federal Bank for Savings, Assignment
By: Deborah Wiley, Assistant Vice President Dated May 31, 1990
Filed June 18, 1990
to Assignment Book 28, page 324
Assigns the mortgage filed March 6, 1986,
F·iJ‘eman’s Fund Mortgage Corporation in Mortgage Book 120, page 203.
4- Leader Federal Bank for Savings F/K/A Corrective Assignment
Leader Federal Savings and Loan Association, Dated May 31, 1990
By: Phyllis Massey, Vice President Filed February 19, 1991
Assignment Book 28, page 774
to Re-recorded to show correct name change of
Leader Federal Bank for Savings formerly
Firematfs Fund Mortgage Corporation known as Leader Federal Savings and Loan
Association.
- 1 -
5- Stuart Rothenberg and Joan Rothenberg Mortgage
(no marital status given) Dated April 2, 1992 ___
Filed April 7, 1992
to Mortgage Book 133, page 477
Mortgages the property described in the
PHH US Mortgage Corporation caption above. Evidenoed by a Borrower’s
note dated the same, due and payable May 1,
2007. Secures credit for $72,000.00.
Note: The following entry supplements this abstract as an addendum but does not
extend the time
period certiiied by this abstract.
6- Source One Mortgage Services Corporation Release
F/K/A F·iren1an’s Fund Mortgage Corporation, Dated June 2, 1992
By: Mary Ann Ciofu, Assoc. Vice President Filed July 20, 1992
and Kay Downer, Assistant Vice President Release Book 30, page 147
Releases the mortgage dated February 28,
to 1986, tiled in Mortgage Book 120, page 203.
Stuart Rothenberg and Joan Rothenberg,
husband and wife
7- Real estate taxes for the fiscal year 1990-91 are $657.00 per half. Both
halves are paid.
Parcel number 02-33-505-0002-000.
- 2 -
STATE OF IOWA, Jefferson County — ss. _,_
I hereby certify that the foregoing is a full, complete, and correct abstract of
the public
records of Jefferson County, Iowa, affecting title to the real estate described
in the caption, from
the 21st day of April, 1986 at 4:30 p.m. to the 7th day of April, 1992 at 12:00
p.m.
We do not certify as to special assessments which have not been certified to the
office of the
Jefferson County Treasurer for collection.
It is certified that, unless otherwise shown, acknowledgements of all
instruments are in lpgal
form, and have been signed by the party or parties whose name or names appear at
the entry o
such instrument, and have been properly notarized.
*$=I=1=*¤k
Dated at Fairfield, Iowa, October 19, 1992.
BRANDON NELSON, P.C.
_______________________________
Brandon Nelson, Attorney at Law
Abstractor of Real Estate Titles
Iowa Title Guaranty Division
Member Number 8582
- 3 -
CONTINUATION
OF
ABSTRACT OF TITLE
TO
1- Lot Two (2), and the North ·?I`en (10) feet of Lot Three (3), Lincoln Terrace
Addition to the
City of Fairfield, Jefferson County, Iowa.
v
{T: ..
2- PI-H-I Mortgage Services ·,' Assignment
Corporation dfbia PHH US__- Dated May 31, 1996
Mortgage Corporation f Filed August 2, 1996
Assignment Book 34, page 100 `
to Assigns the mortgage made by
Stuart Rothenberg filed in
Douglas County Bank & Trust Co. Mortgage Book 133, page 477.
Signed by Karen A. Collins, Asst. Vice
President and Chrissy Judge, Asst. Secretary
3- Stuart Rothenberg Power of Attorney
Dated April 4, 1997
to - Filed May 9, 1997
Misc. Book 210, page 733
Brandon Nelson _ Grants the authority to sign any documents
in any way concerning the property described
in entry 1 above.
4- Joan Rothenberg Power of Attorney
Dated March 27, 1997
to Filed May 9, 1997
Misc. Book 210, page 735
Brandon Nelson _ Grants the authority to sign any documents
in any way Concerning the property described
in entry 1 above.
- 1 -
5- Stuart Rothenberg and Joan
Warranty Deed
Rothenberg, husband and wife Dated May 9, 1997
Filed May 9, 1997
to Deed Book 212, page 900
Conveys the property described in enuy 1
Warren Wechsler and Gail Young, above. Signed by Brandon Nelson,
husband and wife as joint tenants attorney in fact for Smart Rothenberg
with full rights of survivorstiip and for Joan Rothenberg.
and not as tenants in Common '
6- Warren M. Wechsler and Gail L. Mortgage i
_ Young, husband and wife Dated May 9, 1997 |
g Filed May 9, 1997 I
I to Mortgage Book 153, page 438
Mortgages the property described in entry 1
Central Valley Bank above. Secures credit in the amount of
$67,200.00. Funding/Agreement date of
S:'9/97; variable interest rate; with a maturity date of 5:'9l12. States this is
a purchase money
mortgage.
7- Douglas County Bank & Trust Co. Assignment
. - Dated May 21, 1997
to Filed May 23, 1997
Assignment Book 34, page 772
PHI·I Mortgage Services Corporation Assigns the Mortgage made by Stuart
Rothenberg, filed April 7, 1992, in
Assignment Book 133, page 477. Signed by John W. King, senior vice president,
and
Amy S. Sorenson, assistant secretary.
8- Warren M. Wechsler and Gail L. Consumer Home Equity Line
Young, husband and wife Dated June 10, 1997 .
Filed June 17, 1997
to Mortgage Book 153, page 915
Mortgages the property described in entry 1
Central Valley Bank above. Secures credit in the amount of
$15,000.00. Funding/Agreement date of
6f10f97; variable interest rate; with a maturity date of 6.*107*98.
- 2 -
9- City of Fairfield, Iowa
Zoning Ordinance No. 876
Passed December 18, 1995
to Filed December 20, 1995
Misc. Book 202, page 807
The Public Amends Section 9.68.010 of the Municipal
Code, to provide for the classification of
certain activities as nuisances.
10- City of Fairfield, Iowa City Ordinance No. 645
Passed December 18, 1995 E
to Filed December 20, 1995 `
. Misc. Book 202, page 810
E The Public Modif ies Section 20. 12.085 (d) of the
Municipal Code, by providing that "no fence i
shall be constructed between the building line and the street line that is
higher than three feet
and more than 50% solid when viewed from a right angle to the plane of the
fence. No hedge *
shall be planted in the front yard that is higher than three feet."
11- City of Fairfield, Iowa City Ordinance No. 884
Passed March 25, 1996
to Filed March 27, 1996
Misc. Book 210, page 10
The Public Adopts an Official Zoning Map of the City of
Fai tiield [not attached].
12- City of Fairfield, Iowa ‘ City Ordinance No. 883
Passed April 8, 1996 *
to Filed April 17, 1996
Misc. Book 210, page 67
’l`he Public Requires all buildings to place an address
number on the building, at least 2 U2 inches
in height.
- 3 -
Note: The following entry supplements this abstract as an addendum but does not
extend the time Q
period certified by this abstract.
13- PI-IH Mortgage Services
Release
Corporation Dated May 28, 1997
Filed June 24, 1997
to Release Book 34, page 844 '
. Releases the mortgage filed April 7, 1992,
I Smart Rothenberg and Joan in Mortgage Book 133, page 477.
Rothenberg Signed by: Karen Ziegler, Assistant Vice
President, and Susan Brown, Assistant
Secretary.
14- The 1995-96 real estate taxes are $683.00 per half. Both halves are paid.
Parcel number 02-33-505-0002-OOO.
STATE OF IOWA, Jefferson County - ss.
I hereby certify that the foregoing is a full, complete, and correct abstract of
the public
records of Jefferson County, Iowa, affecting title to the r· mate described in
the caption, from
the 7th day of April, 1992, at 12:00 p.m. to the 17th day <·—;` june, 1997, at
3:10 p.m.
We do not certify as to special assessments which lm ve not been certified to
the office of the
Jefferson County Treasurer for collection.
It is certified that, unless otherwise shown, acknowledgements of all
instruments are in legal
form, and have been signed by the party or parties whose name or names appear at
the entry of
such instrument, and have been properly notarized.
***
Dated at Fairfield, Iowa, September 23, 1997.
BRANDON NELSON, R C.
I /'""\.` J"}
r 7, ree., ,e.»@
ratiw ;i Nelson
Iowa Title Guaranty Division
Abstmctcr Member Number 8582
- 4 -
GONTINUATION
OF
ABSTRACT OF TITLE
TO
1- Lot Two (2), and the North Ten (10) feel of Lot Three (3) Lincoln Terrace
Addition to the City of
Fairfield, Jefferson County, Iowa
2- This properly is subject to various ordinances of the City of Fairfield, Iowa,
the complete text of
which is located at Fairfield City Hall.
3- Warren M. Wechsler 8. Gail L. Young, Mortgage
husband and wife Dated September 7, 1999
Filed September 14, 1999
to Mortgage Book 167, page 067
Mortgages the property described in (
Central Valley Bank entry 1 above. Secures a promissory note for `
$20,000.00. Borrowers’ note is dated the same.
Contains a due—on-sale clause.
4- Central Valley Bank Release of Mortgage
Dated December 21, 2000
to Filed December 22, 2000
Release Book 38, page 382 ·
Warren Wechsler and Gail Young Releases the mortgage given by
Warren Wechsler and Gail Young to Central
Valley Bank, filed June 17, 1997 in Mortgage Book 153, page 915. Signed by its
vice president.
5- Central Valley Bank Release of Mortgage
Dated December 21, 2000
to Filed December 22, 2000
Release Book 38, page 383
Warren Wechsler and Gail Young Releases the mortgage given by
Warren Wechsler and Gail Young to Central
Valley Bank, filed September 14, 1999 in Mortgage Book 167, page 067. Signed by
vice president.
6- Warren M. Wechsler & Gail L. Young, Mortgage
husband and wife Dated December 18, 2000
Flled December 22, 2000
to Mortgage Book 173, page 384
Mortgages the property described in
Central Valley Bank entry 1 above. Secures a promissory note for
$30,000.00. Contains a due-on-sale clause.
Recites: "This is a Purchase Money Mortgage."
1
7- Warren M. Wechsler & Gail L. Young, Mortgage
husband and wife Dated June 2. 2003
Fited June 2, 2003
to Image Record 2003-1756
Mortgages the property shown in entry 1.
Central Valley Bank Contains a due—on—saIe clause. Recites:
"Purchase money mortgage"
8- Warren M. Wechsler & Gail L. Young,
Mortgage
husband and wife Dated January 7, 2004
Filed January 8. 2004
to lm age Record 2004-0053
Mortgages the property shown in entry 1.
Central Valley Bank Secures a note for $40,000. Contains a due-on-
sale clause. Recltes: "Purchase money mortgage"
9- Central Valley Bank Release of Mortgage
Dated March 9, 2004
to Filed March 12, 2004
lmage Record 2004-0614
Warren M. Wechsler & Gail L. Young, Releases the mortgage filed December 22,
2000
I husband and wife in Mort Book 173, page 384. Signed by vice pres.
10- Oksana Shaddock Power of Attorney
Dated August 14, 2006
to Filed August 16, 2006
Image Record 2006-1948
Frederick J. Shaddock Conveys the right to sign any deeds, mortgages,
Promissory notes, loan, or other documents,
release my homestead or other statutory rights. or take any actions in any way
affecting the property
shown in entry 1; irrevocable until August 16, 2006 at which time it will
automatically expire.
11- Warren Wechsler & Gail Young,
Warranty Deed
husband and wife Dated August 15, 2006 `
Filed August 16, 2006
to Image Record 2006-1949
Conveys the property described in entry 1.
Frederick J. Shaddock and Oksana Shaddock,
husband and wife as joint tenants with full rights
of survivorship and not as tenants in common
2
12- Frederick J. Shaddock and Oksana S.
Mortgage
Shaddock. husband and wife Dated August 15, 2006 `
Filed August 16, 2006
to Image Record 2006-1950
Mortgages the property described in entry 1.
JPMorgan Chase Bank, NA Secures a promissory note for $85,500.00,
secures borrowers‘ note dated the same, due
September 1, 2036. Contains a due-on-sate clause. Recites: "This is a Purchase
Money Mortgage."
13- MidWestOne Bank, formerly known as
Mortgage Release
Central Valley Bank Dated November 7, 2006
Filed November 7, 2006
to Image Record 2006-2608
Releases the mortgage given by Warren M.
Warren M. Wechsler and Gai! L. Young Wechsler and Gail L. Young to Central
Valley
Bank dated and filed June 2, 2003 in Image
Record 2003-1756. Signed by its market president and loan officer.
14- MldWestOne Bank, formerly known as Mortgage Release
Central Valley Bank Dated November 7. 2006
Filed November 7,2006
to Image Record 2006-2609
Releases the mortgage given by Warren lvl.
Warren M. Wechsler and Gai! L. Young Wechsler and Gail L. Young to Central
Valley
Bank dated January 7, 2004 and filed January 6,
2004 in Image Record 2004-0053. Signed by its market president and loan officer.
15- MidWestOne Bank, formerly known as
Mortgage Release
Central Valley Bank Dated November 7. 2006
Filed November 7, 2006
to Image Record 2006-2610
Releases the mortgage given by Warren M.
Warren M. Wechsler and Gail L. Young Wechsler and Gail L. Young to Central
Valley
Bank dated and tiled May 9, 1997 in Mortgage
Book 153. page 438. Signed by its market president and loan officer.
Note: The previous entries 13, 14 and 15 supplement this abstract but do not
extend the time certified
hereby.
16- Real estate taxes: for the 2005-06
fiscal year are $709.00 per half. The
first half is paid. The tax
parcel number is 02-33-0626 228 021, the address is shown as 806 North 4"`
Street, Fairfield, Iowa.
STATE OF IOWA, Jefferson County — ss.
I hereby certify that the foregoing is a full, complete, and correct abstract of
the public records of
Jefferson County, Iowa, affecting title to the real estate described at entry 1
above, from the 17m day of
3
June, 1997, at 3:10 p.m. te the 16"` day of August, 2006, at 12:07 p.m.
EXCEPT; The current office procedures of the Jefferson County Iowa Clerk of
Court and the ICIS
Computer System may result in delays between the tiling date and the polnt in
time when such tiled
documents become accessible to the public.
We do not certify as to special assessments which have not been certified to the
ofhce of the
Jefferson County Treasurer for collection.
It is certified that, unless otherwise shown, acknowledgments of all instruments
are in legal form,
and have been signed by the party or parties whose name or names appear at the
entry of such
instrument, and have been properly notarized.
Omitted from this continuation are judgments which have expired or have been
satisfied, real estate
contracts which have been forfeited, mortgages (including amendments,
subord-inations, affidavits
concerning, and related modifications), UCC liens, and assignments of
instruments for security purposes,
_ liens, and assignments of instruments for security purposes, any of which have
expired or have been
_ released more than 10 years ago, during the period of time covered by this
abstract.
Lien searches have been done on:
Warren M. Wechsler, Gail L. Young, Frederick J . Shaddock, and Oksana S. Shaddock
Dated at Fairfield, Iowa, February 6, 2007
BRANDON NELSON, P.C.
Brandon Nelson, Attorney
Iowa Title Guaranty Division
Abstracter Member Number 8582
4
1949
_________________________________________________________________________
Prepared by: Brandon Nelson, P.C., 60 W. Burlington, Suite 204, Fairfield, IA
52556 (641) 472-8442
ir Return Deed to: Brandon Nelson, 60 W Burlington, Suite 204, Fairlfeld, lA
52556
Send tax statement fo: Frederick and Oksana Shaddock, 806 North 4'" St.,
Fainieid, lA 52556
WARRANTY DEED
For ten dollars and other valuable consideration, Warren Wechsler and Gail
Young, husband and
wife, hereby convey to Frederick J. Shaddock and Oksana Shaddock, husband and
wife. as joint tenants
with full rights of survivorship and not as tenants in common, the following:
Lot Two (2) and the North Ten (10) feet of Lot Three (3), Lincoln Terrace
Addition to _ `
the City of Fairfield, Jefferson County, Iowa.
Grantor(s) hereby covenant with grantees, and successors in interest. that
grantor(s) hold the real
estate by title in fee simple; that they have good and lawful authority to sell
and convey the real estate; ‘
that the real estate is free and clear of all liens and encumbrances except as
may be above stated; and
grantors covenant to warrant and defend the real estate against the lawful
claims of all persons except as
may be above stated. Each of the undersigned hereby relinquishes all rights of
dower, homestead, and
distributive share in and to the real estate.
Words and phrases herein, including acknowledgment, shall be construed as
singular or plural,
and as masculine or feminine gender, according to the context.
Signed this 15 day of August, 2006
____________________ ______________________
Warren Wechsler Gail Young
STATE OF IOWA,
COUNTY OF JEFFERSON, ss:
On August l5 , 2006, before me, the undersigned, a Notary Public in and for
said State,
Warren Wechsler and Gail Young, personally appeared and acknowledged that they
signed this deed as
their voluntary act and deed.
BRANDON NELSON
Notary public in and for said State