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IN THE IOWA DISTRICT COURT

FOR SAC COUNTY
UNITED BANK OF IOWA,

* EQUITY NUMER EQCV ________

*
*
VS.
*
* ORDER ON MOTION FOR
MELISSA HOUK,
* APPOINTMENT OF A RECEIVER
DEFENDANT
*
*
****************************************************
PLAINTIFF

The Court, having reviewed the Motion, supporting documentation, statements and
arguments of counsel hereby finds as follows:
1.

Plaintiff has filed an action herein to foreclose its Real Estate Mortgage and

alleges that the Promissory Note and Mortgage, which it secures, are in default.
2.

The indebtedness due and owing Plaintiff as set forth in the Petition is in excess

of One Hundred Twenty-four Thousand Dollars ($124,000.00).

3.

Iowa Code, Section 680.1, provides, in pertinent part:

On the Petition for either party to a civil action or proceeding wherein the
party shows that the party has a probable right to, or interest in, any
property which is the subject of the controversy, and that such property, or
its rents or profits, are in danger of being lost or materially injured or
impaired, and on such notice to the adverse party as the court shall
prescribe, the Court, if satisfied that the interest of one or both parties will
be thereby promoted, and the substantial rights of neither unduly
infringed, may appoint a receiver to take charge of and control such
property under its direction during the pendency of the action, and may
order and coerce the delivery of it to a receiver.

4.

The Defendants rights will not be unduly infringed or prejudiced; and the

interest of all parties would be enhanced by having a receiver appointed to protect and
preserve the property.

E-FILED 2014 MAY 12 6:43 AM SAC - CLERK OF DISTRICT COURT

5.

The Court finds that pursuant to Iowa Code, 680.1, Plaintiff has shown

that it has a probable right and interest in the property which is subject to this
controversy; and that such property, or its rents or profits, are in danger of being lost,
materially injured or impaired.
Based upon the above, the Court finds for good cause shown that a receiver
should be and is hereby appointed herein.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED Dan Dotzler
of United Bank of Iowa shall be appointed the receiver for the real estate referred to in
the Petition on file herein, to serve without bond pursuant to the terms and conditions
of the Mortgage referred to herein, and Iowa Code, 680.1. The receiver shall take
possession of the real estate referred to in the Petition and do all things necessary to
secure and maintain same, including the power to receive, collect and apply rents or
profits to pay taxes, provide insurance, make repairs to pay costs or any other expenses
related to the property, as well as to pay any remaining sum to the secured debtor,
Plaintiff, and should otherwise be vested with all powers and authority governed by the
provisions of Iowa Code, 680.1.
SO ORDERED.

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State of Iowa Courts

Type:

OTHER ORDER

Case Number
EQCV019519

Case Title
UNITED BANK OF IOWA, PLAINTIFF V. MELISSA HOUK, DE
So Ordered

Electronically signed on 2014-05-12 06:43:16

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